reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 7 - CLEANUP STANDARDS › Section 173-340-7493 - Site-specific terrestrial ecological evaluation procedures

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
(a) This section sets
				forth the procedures for conducting a site-specific terrestrial ecological
				evaluation if any of the conditions specified in WAC
				173-340-7491(2)(a) apply to the site, or if the person conducting the evaluation elects to conduct
				a site-specific terrestrial ecological evaluation under this section, whether
				or not a simplified terrestrial ecological evaluation has been conducted under
				WAC 173-340-7492.
(b) In addition to the purposes specified in
				WAC 173-340-7490(1)(a),
				the site-specific terrestrial ecological evaluation is intended to facilitate
				selection of a cleanup action by developing information necessary to conduct
				evaluations of cleanup action alternatives in the feasibility study.
(c) There are two elements in planning a
				site-specific terrestrial ecological evaluation. Both elements shall be done in
				consultation with the department and must be approved by the department. The
				two elements are:
(i) Completing the problem
				formulation step as required under subsection (2) of this section;
				and
(ii) Selecting one or more
				methods under subsection (3) of this section for addressing issues identified
				in the problem formulation step.
(d) After reviewing information developed in
				the problem formulation step, the department may at its discretion determine
				that selection of one or more methods for proceeding with the evaluation is not
				necessary by making either of the following decisions:
(i) No further site-specific terrestrial
				ecological evaluation is necessary because the cleanup action plans developed
				for the protection of human health will eliminate exposure pathways of concern
				to all of the soil contamination.
(ii) A simplified terrestrial ecological
				evaluation may be conducted under WAC
				173-340-7492 because this
				evaluation will adequately identify and address any threats to ecological
				receptors.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 7 - CLEANUP STANDARDS › Section 173-340-7494 - Priority contaminants of ecological concern

Current through Register Vol. 24-14, July 15, 2024
When the department determines that such measures are
				  necessary to protect the environment, the department may revise the hazardous
				  substances and corresponding concentrations included in Table 749-2, subject to
				  the following:
(1) The data indicate a
				significant tendency of the hazardous substance to persist, bioaccumulate, or
				be highly toxic to terrestrial ecological receptors;
(2) The concentrations for hazardous
				substances listed in Table 749-2 shall be based on protection of wildlife for
				industrial and commercial land uses, and upon protection of plants and animals
				for other land uses.
Statutory Authority:
					 Chapter
					 70.105D RCW. 01-05-024
					 (Order 97-09A), § 173-340-7494, filed 2/12/01, effective
					 8/15/01.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 7 - CLEANUP STANDARDS › Section 173-340-750 - Cleanup standards to protect air quality

Current through Register Vol. 24-14, July 15, 2024
(1) General
				considerations.
(a) This section applies
				whenever it is necessary to establish air cleanup standards to determine if air
				emissions at a site pose a threat to human health or the environment. It
				applies to ambient (outdoor) air and air within any building, utility vault,
				manhole or other structure large enough for a person to fit into. This section
				does not apply to concentrations of hazardous substances in the air originating
				from an industrial or commercial process or operation or to hazardous
				substances in the air originating from an offsite source. This section does
				apply to concentrations of hazardous substances in the air originating from
				other contaminated media or a remedial action at the site. Air cleanup
				standards shall be established at the following sites:
(i) Where a nonpotable groundwater cleanup
				level is being established for volatile organic compounds using a site-specific
				risk assessment under WAC
				173-340-720(6).
(ii) Where a soil cleanup level that
				addresses vapors or dust is being established under WAC
				173-340-740 or
				173-340-745.
(iii) Where it is necessary to establish air
				emission limits for a remedial action.
(iv) At other sites as determined by the
				department.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 7 - CLEANUP STANDARDS › Section 173-340-760 - Sediment cleanup standards

Current through Register Vol. 24-14, July 15, 2024
In addition to complying with the requirements in this
				  chapter, sediment cleanup actions conducted under this chapter must comply with
				  the requirements of chapter 173-204 WAC.
Statutory Authority:
					 Chapter
					 70.105D RCW. 01-05-024
					 (Order 97-09A), § 173-340-760, filed 2/12/01, effective 8/15/01;
					 91-04-019, § 173-340-760, filed 1/28/91, effective
					 2/28/91.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 8 - GENERAL PROVISIONS › Section 173-340-800 - Property access

Current through Register Vol. 24-14, July 15, 2024
(1) Normal entry
				procedures. Whenever there is a reasonable basis to believe that a release or
				threatened release of a hazardous substance may exist, the department's
				authorized employees, agents or contractors may, after reasonable notice, enter
				upon any real property, public or private, to conduct investigations or
				remedial actions. The notice shall briefly describe the reason for requesting
				access. For the purpose of this subsection, unless earlier access is granted,
				reasonable notice shall mean:
(a) Written
				notice to the site owner and operator to the extent known to the department,
				sent through the United States Postal Service at least three days before entry;
				or
(b) Notice to the site owner and
				operator to the extent known to the department, in person or by telephone at
				least twenty-four hours before entry.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 8 - GENERAL PROVISIONS › Section 173-340-810 - Worker health and safety

Current through Register Vol. 24-14, July 15, 2024
(1)
General
				provisions.
Requirements under the Occupational Safety and Health Act of
				1970, as amended (29 U.S.C.
				Sec. 651 et seq.) and the Washington
				Industrial Safety and Health Act (chapter 49.17 RCW), and regulations
				promulgated pursuant thereto shall be applicable to remedial actions taken
				under this chapter. These requirements are subject to enforcement by the
				designated federal and state agencies. All governmental agencies and private
				employers are directly responsible for the safety and health of their own
				employees and compliance with those requirements. Actions taken by the
				department under this chapter do not constitute an exercise of statutory
				authority within the meaning of section (4)(b)(1) of the Occupational Safety
				and Health Act.
(2)
Health
				and safety plan.
Persons responsible for undertaking remedial actions
				under this chapter shall prepare a health and safety plan when required by
				chapter 296-843 WAC. Plans prepared under an order or decree shall be submitted
				for the department's review and comment. The health and safety plan must be
				consistent with chapter 49.17 RCW and regulations adopted under that
				authority.
Statutory Authority:
					 Chapter
					 70.105D RCW. 01-05-024
					 (Order 97-09A), § 173-340-810, filed 2/12/01, effective 8/15/01;
					 90-08-086, § 173-340-810, filed 4/3/90, effective
					 5/4/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 8 - GENERAL PROVISIONS › Section 173-340-815 - Cultural resource protection

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
This section specifies requirements that are intended to
				avoid, minimize, or mitigate adverse effects from remedial actions on
				archaeological and historic archaeological sites, historic buildings and
				structures, traditional cultural places, sacred sites, and other cultural
				resources.
(2)
Applicable
				laws.
Remedial actions must comply with applicable state and federal
				laws regarding cultural resource protection, including:
(a) The National Historic Preservation Act of
				1966, as amended (54 U.S.C.
				300101 et seq.);
(b) The Archaeological and Historic
				Preservation Act of 1974, as amended (54 U.S.C. 312501 et
				seq.);
(c) The Archaeological
				Resource Protection Act of 1979, as amended (16 U.S.C. 470aa et
				seq.);
(d) The Native American
				Graves Protection and Repatriation Act of 1990, as amended (25 U.S.C.
				3001 et seq.);
(e) Chapter 27.53 RCW, Archaeological sites
				and resources;
(f) Chapter 27.44
				RCW, Indian graves and records;
(g)
				Chapter 68.50 RCW, Human remains;
(h) Chapter 68.60 RCW, Abandoned and historic
				cemeteries and historic graves; and
(i) Chapter 43.21C RCW, State Environmental
				Policy Act and chapter 197-11 WAC, SEPA rules.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 8 - GENERAL PROVISIONS › Section 173-340-820 - Sampling and analysis plans

Current through Register Vol. 24-14, July 15, 2024
(1)
				Purpose. A sampling and analysis plan is a document that describes the sample
				collection, handling, and analysis procedures to be used at a site.
(2) General requirements. A sampling and
				analysis plan shall be prepared for all sampling activities that are part of an
				investigation or a remedial action unless otherwise directed by the department
				and except for emergencies. The level of detail required in the sampling and
				analysis plan may vary with the scope and purpose of the sampling activity.
				Sampling and analysis plans prepared under an order or decree shall be
				submitted to the department for review and approval.
(3) Contents. The sampling and analysis plan
				shall specify procedures, that ensure sample collection, handling, and analysis
				will result in data of sufficient quality to plan and evaluate remedial actions
				at the site. Additionally, information necessary to ensure proper planning and
				implementation of sampling activities shall be included. References to standard
				protocols or procedures manuals may be used provided the information referenced
				is readily available to the department. The sampling and analysis plan shall
				contain:
(a) A statement on the purpose and
				objectives of the data collection, including quality assurance and quality
				control requirements;
(b)
				Organization and responsibilities for the sampling and analysis
				activities;
(c) Requirements for
				sampling activities including:
(i) Project
				schedule;
(ii) Identification and
				justification of location and frequency of sampling;
(iii) Identification and justification of
				parameters to be sampled and analyzed;
(iv) Procedures for installation of sampling
				devices;
(v) Procedures for sample
				collection and handling, including procedures for personnel and equipment
				decontamination;
(vi) Procedures
				for the management of waste materials generated by sampling activities,
				including installation of monitoring devices, in a manner that is protective of
				human health and the environment;
(vii) Description and number of quality
				assurance and quality control samples, including blanks and spikes;
(viii) Protocols for sample labeling and
				chain of custody; and
(ix)
				Provisions for splitting samples, where appropriate.
(d) Procedures for analysis of samples and
				reporting of results, including:
(i)
				Detection or quantitation limits;
(ii) Analytical techniques and
				procedures;
(iii) Quality assurance
				and quality control procedures; and
(iv) Data reporting procedures, and where
				appropriate, validation procedures.
The department shall make available guidance for preparation
				  of sampling and analysis plans.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 8 - GENERAL PROVISIONS › Section 173-340-830 - Sampling and analysis procedures

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
This section specifies requirements for sampling and
				analysis activities conducted as part of a remedial action. These activities
				include sample collection, handling, preservation, transportation, holding
				time, preparation, laboratory analysis, method detection limits, practical
				quantitation limits, quality assurance, quality control, data reporting, and
				other technical requirements and specifications.
(2)
Applicability.
All sampling
				and analysis activities conducted as part of a remedial action must comply with
				the requirements in this section and, for sites where there is a release or
				threatened release to sediment, the requirements in chapter 173-204
				WAC.
(3)
Plans.
All
				sampling and analysis must be conducted in accordance with a sampling and
				analysis plan prepared under WAC
				173-340-820.
(4)
Methods.
(a) All sampling and analysis must be
				conducted in accordance with an ecology-approved method or, if ecology has not
				approved an applicable method, a standard method or procedure such as those
				specified by the American Society for Testing of Materials, when available.
(i) Ecology will maintain a list of
				ecology-approved methods and make the list publicly available on ecology's
				website.
(ii) Ecology will provide
				notice in the
Contaminated Site Register
when ecology adds or
				removes a method from the list of ecology-approved methods.
(iii) Ecology will maintain a record of its
				decisions to add or remove a method from the list of ecology-approved
				methods.
(iv) Any person may
				propose another method for ecology review and approval.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 8 - GENERAL PROVISIONS › Section 173-340-840 - General submittal requirements

Current through Register Vol. 24-14, July 15, 2024
Unless otherwise specified by the department, all reports,
				  plans, specifications, and similar information submitted under this chapter
				  shall meet the following requirements:
(1) Cover letter. Include a letter describing
				the submittal and specifying the desired department action or
				response.
(2) Number of copies.
				Three copies of the plan or report shall be submitted to the department's
				office responsible for the facility. The department may require additional
				copies to meet public participation and interagency coordination
				needs.
(3) Certification. Except as
				otherwise provided for in
				RCW
				   18.43.130, all engineering work submitted
				under this chapter shall be under the seal of a professional engineer
				registered with the state of Washington.
(4) Visuals. Maps, figures, photographs, and
				tables to clarify information or conclusions shall be legible. All maps, plan
				sheets, drawings, and cross-sections shall meet the following requirements:
(a) To facilitate filing and handling, be on
				paper no larger than 24 x 36 inches and no smaller than 8 1/2 x 11 inches.
				Photo-reduced copies of plan sheets may be submitted provided at least one
				full-sized copy of the photo-reduced sheets are included in the
				submittal.
(b) Identify and use
				appropriate and consistent scales to show all required details in sufficient
				clarity.
(c) Be numbered, titled,
				have a legend of all symbols used, and specify drafting or origination
				dates.
(d) Contain a north
				arrow.
(e) Use United States
				Geological Survey datum as a basis for all elevations.
(f) For planimetric views, show a survey grid
				based on monuments established in the field and referenced to state plane
				coordinates. This requirement does not apply to conceptual diagrams or sketches
				when the exact location of items shown is not needed to convey the necessary
				information.
(g) Where grades are
				to be changed, show original topography in addition to showing the changed site
				topography. This requirement does not apply to conceptual diagrams or sketches
				where before and after topography is not needed to convey the necessary
				information.
(h) For
				cross-sections, identify the location and be cross-referenced to the
				appropriate planimetric view. A reduced diagram of a cross-section location map
				shall be included on the sheets with the cross-sections.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 8 - GENERAL PROVISIONS › Section 173-340-850 - Recordkeeping requirements

Current through Register Vol. 24-14, July 15, 2024
(1) Any
				remedial actions at a facility must be documented with adequate records. Such
				records may include: Factual information or data; relevant decision documents;
				and any other relevant, site-specific documents or information.
(2) Unless otherwise required by the
				department, records shall be retained for at least ten years from the date of
				completion of compliance monitoring or as long as any institutional controls
				(including land use restrictions) remain in effect, whichever is
				longer.
(3) Records shall be
				retained by the person taking remedial action, unless the department requires
				that person to submit the records to the department.
(4) The department shall maintain its records
				in accordance with chapter 42.17 RCW.
Statutory Authority:
					 Chapter
					 70.105D RCW. 01-05-024
					 (Order 97-09A), § 173-340-850, filed 2/12/01, effective 8/15/01;
					 90-08-086, § 173-340-850, filed 4/3/90, effective
					 5/4/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 8 - GENERAL PROVISIONS › Section 173-340-860 - Endangerment

Current through Register Vol. 24-14, July 15, 2024
In the event that the department determines that any activity
				  being performed at a site is creating or has the potential to create a danger
				  to human health or the environment, the department may direct such activities
				  to cease for such period of time as it deems necessary to abate the
				  danger.
Statutory Authority:
					 Chapter
					 70.105D RCW. 90-08-086,
					 § 173-340-860, filed 4/3/90, effective
					 5/4/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 8 - GENERAL PROVISIONS › Section 173-340-870 - Project coordinator

Current through Register Vol. 24-14, July 15, 2024
The potentially liable person shall designate a project
				  coordinator for work performed under an order or decree. The project
				  coordinator shall be the designated representative for the purposes of the
				  order or decree. That person shall coordinate with the department and the
				  public and shall facilitate compliance with requirements of the order or
				  decree.
Statutory Authority:
					 Chapter
					 70.105D RCW. 90-08-086,
					 § 173-340-870, filed 4/3/90, effective
					 5/4/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 8 - GENERAL PROVISIONS › Section 173-340-880 - Emergency actions

Current through Register Vol. 24-14, July 15, 2024
Nothing in this chapter shall limit the authority of the
				  department, its employees, agents, or contractors to take or require
				  appropriate action in the event of an emergency.
Statutory Authority:
					 Chapter
					 70.105D RCW. 90-08-086,
					 § 173-340-880, filed 4/3/90, effective
					 5/4/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 8 - GENERAL PROVISIONS › Section 173-340-890 - Severability

Current through Register Vol. 24-14, July 15, 2024
If any provision of this chapter or its application to any
				  person or circumstance is held invalid, the remainder of this chapter or the
				  application of the provision to other persons or circumstances shall not be
				  affected.
Statutory Authority:
					 Chapter
					 70.105D RCW. 90-08-086,
					 § 173-340-890, filed 4/3/90, effective
					 5/4/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-342 - Additional taxable hazardous substance list › Section 173-342-010 - Purpose and authority

Current through Register Vol. 24-14, July 15, 2024
The purposes of this chapter are to establish requirements for
				the addition or deletion of materials to the list of hazardous substances which
				are subject to the state hazardous substance tax pursuant to chapter 2, Laws of
				1989, and to list or delete those substances.
It is the intent of this rule to add only materials which are
				similar to those previously defined by the Model Toxics Control Act as taxable
				hazardous substances. Those are, in general terms, petroleum products,
				pesticide products, and chemicals. Manufactured products which may be
				environmentally detrimental, but not of special hazard, such as plastic
				containers, solid metals, and wood products or wood fibers are not of this
				type.
The authority to add or delete additional substances is granted
				under section 9, chapter 2, Laws of 1989.
Statutory Authority: 1989 c 2. 90-03-020, § 173-342-010,
				  filed 1/9/90, effective 2/9/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-342 - Additional taxable hazardous substance list › Section 173-342-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For the purpose of this chapter, the following terms have the
				meanings given below:
(1) "Director"
			 means the director of the department of ecology or the director's
			 designee.
(2) "Hazardous substance"
			 means anything designated as such by the provisions of this rule, as adopted
			 and thereafter amended. In addition, this term includes:
(a) Any substance that, on March 1, 1989, is
			 a hazardous substance under section 101(14) of the Federal Comprehensive
			 Environmental Response, Compensation and Liability Act of 1980 (CERCLA), as
			 amended by P.L. 99-499. These substances consist of chemicals and elements in
			 their purest form. (Reportable quantities associated with these chemicals under
			 CERCLA are not considered for the purposes of this tax, but are duly noted here
			 to avoid any confusion regarding the intent of the federal regulation. See
			 CERCLA,  42 USCA, Sec. 9601.) A CERCLA substance which contains water, a
			 stabilizer, or a preservative is still considered pure. Combinations of CERCLA
			 substances as ingredients together with nonhazardous substances will not be
			 taxable unless the end product is specifically designated as a hazardous
			 substance by the department of ecology under the provisions of this
			 rule;
(b) Petroleum
			 products;
(c) Pesticide products
			 required to be registered under the Federal Insecticide, Fungicide, and
			 Rodenticide Act (FIFRA).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-342 - Additional taxable hazardous substance list › Section 173-342-030 - Basis to determine what is a taxable hazardous substance

Current through Register Vol. 24-14, July 15, 2024
Additional materials may be defined as taxable hazardous
				substances on the basis of a departmental determination of:
(1) Negative environmental factors such as
			 substantial toxicity and persistence of materials being considered for listing
			 or delisting; and
(2) Substantial
			 adverse impact on waste management operations such as the management of
			 hazardous waste, solid waste, wastewater treatment facilities, wastewater from
			 ground or marine septic systems, and contaminated sites.
Statutory Authority: 1989 c 2. 90-03-020, § 173-342-030,
				  filed 1/9/90, effective 2/9/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-342 - Additional taxable hazardous substance list › Section 173-342-040 - Listing

Current through Register Vol. 24-14, July 15, 2024
The director may propose to add (or delete from those materials
				previously added) materials to the definition of hazardous substance.
(1) Additions or deletions to the list shall
			 be made by amendment of this rule pursuant to the Administrative Procedure Act
			 (chapter
			 34.05 RCW).
(2) The director of ecology shall add or
			 delete materials no more than twice during each calendar year.
(3) For tax purposes, changes in this
			 definition shall take effect on the first day of the next month that is at
			 least thirty days after the effective date of the rule.
(4) For each material proposed for additional
			 listing, the department shall prepare a "basis for listing" which shall include
			 those factors and data which led the director to propose the listing.
(5) The director shall prepare a "basis for
			 deletion" which shall include those factors and data which led the director to
			 propose deletions from materials previously added.
Statutory Authority: 1989 c 2. 90-03-020, § 173-342-040,
				  filed 1/9/90, effective 2/9/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-342 - Additional taxable hazardous substance list › Section 173-342-050 - List

Current through Register Vol. 24-14, July 15, 2024
(Reserved.)
Statutory Authority: 1989 c 2. 90-03-020, § 173-342-050,
				  filed 1/9/90, effective 2/9/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-345 - Recyclable materials - transporter and facility requirements › Section 173-345-010 - Authority and purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to establish minimum standards
				for the transportation of recyclable materials; establish notice and reporting
				standards for recycling facilities and material recovery facilities (MRFs);
				ensure that recyclable materials are not delivered for disposal; establish
				penalties for transporters of recyclable materials, recycling facilities, and
				material recovery facilities (MRFs) that do not meet the standards of this
				chapter.
Statutory Authority:
				  Chapter
				  70.95 RCW and
				  RCW
				  70.95.400 - [70.95.]430. 09-09-131 (Order
				  07-16), § 173-345-010, filed 4/22/09, effective
				  5/23/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-345 - Recyclable materials - transporter and facility requirements › Section 173-345-020 - Applicability

Current through Register Vol. 24-14, July 15, 2024
This rule applies to businesses that transport recyclable
				materials from commercial or industrial generators over the public highways of
				the state of Washington for compensation that are required to possess a common
				carrier permit to operate issued by the Washington utilities and transportation
				commission under
				chapter
				81.80 RCW. Transporters
				include commercial recycling operations of certified solid waste collection
				companies regulated under
				chapter
				81.77 RCW. This rule also
				applies to facilities that recycle solid waste and MRFs except for those
				facilities with current solid waste handling permits issued under
				RCW
				   70.95.170. Businesses that transport covered
				electronic products exclusively for recycling are exempt only from transporter
				registration and reporting requirements under this rule because these
				transporters must comply with chapters 70.95N RCW and 173-900
				WAC.
Statutory Authority:
				  Chapter
				  70.95 RCW and
				  RCW
				  70.95.400 - [70.95.]430. 09-09-131 (Order
				  07-16), § 173-345-020, filed 4/22/09, effective
				  5/23/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-345 - Recyclable materials - transporter and facility requirements › Section 173-345-040 - Collection of solid waste and recyclable materials

Current through Register Vol. 24-14, July 15, 2024
All sites where recyclable materials are generated and
				transported for recycling must provide a separate container for nonrecyclable
				materials (solid waste), using collection practices consistent with chapter
				173-350 WAC.
Statutory Authority:
				  Chapter
				  70.95 RCW and
				  RCW
				  70.95.400 - [70.95.]430. 09-09-131 (Order
				  07-16), § 173-345-040, filed 4/22/09, effective
				  5/23/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-345 - Recyclable materials - transporter and facility requirements › Section 173-345-050 - Transporter registration

Current through Register Vol. 24-14, July 15, 2024
(1) The rule
			 applies to all transporters of recyclable materials as defined in WAC
			 173-345-030.
(2) For purposes of this rule "transporters"
			 do not include:
(a) Carriers of commercial
			 recyclable materials, when such materials are owned or being bought or sold by
			 the entity or person, and being carried in their own vehicle, when such
			 activity is incidental to the conduct of an entity or person's primary
			 business;
(b) Entities or persons
			 hauling their own recyclables or hauling recyclables they generated or
			 purchased and transported in their own vehicles, including material recovery
			 facilities hauling their own recyclable material;
(c) Nonprofit or charitable organizations
			 collecting and transporting recyclable materials from a buyback center, drop
			 box, or from a commercial or industrial generator of recyclable
			 materials;
(d) City municipal solid
			 waste departments or city solid waste contractors; or
(e) Common carriers permitted under
			 chapter
			 81.80 RCW whose primary
			 business is not the transportation of recyclable materials.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-345 - Recyclable materials - transporter and facility requirements › Section 173-345-060 - Transporter delivery of recyclable materials

Current through Register Vol. 24-14, July 15, 2024
(1) A transporter of recyclable materials may
			 not deliver any recyclable materials for disposal.
(2) A transporter of recyclable materials who
			 violates the provisions of this section is subject to a civil penalty of up to
			 one thousand dollars per violation.
Statutory Authority:
				  Chapter
				  70.95 RCW and
				  RCW
				  70.95.400 - [70.95.]430. 09-09-131 (Order
				  07-16), § 173-345-060, filed 4/22/09, effective
				  5/23/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-345 - Recyclable materials - transporter and facility requirements › Section 173-345-070 - Transporter recordkeeping

Current through Register Vol. 24-14, July 15, 2024
(1) A
			 transporter of recyclable materials shall keep records of locations and
			 quantities specifically identified to the generator.
(a) Name;
(b) Address;
(c) Service date;
(d) Invoice documenting where recyclables
			 were sold, delivered for processing, or otherwise marketed.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-345 - Recyclable materials - transporter and facility requirements › Section 173-345-080 - Recycling and materials recovery facility notification

Current through Register Vol. 24-14, July 15, 2024
(1) All material recovery facilities and all
			 facilities that recycle solid waste, except for those facilities with a current
			 solid waste handling permit issued under
			 RCW
			    70.95.170, must notify the department and the
			 jurisdictional health department in writing within thirty days prior to
			 operation, of the intent to conduct recycling in accordance with this section.
			 Notification must be in writing, and include:
(a) Contact information for the person
			 conducting the recycling activity;
(b) A general description of the recycling
			 activity;
(c) A description of the
			 types of solid waste being recycled; and
(d) A general description of the recycling
			 processes and methods.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-345 - Recyclable materials - transporter and facility requirements › Section 173-345-090 - Penalties

Current through Register Vol. 24-14, July 15, 2024
Any transporter of recyclable materials violating the
				provisions of WAC
				173-345-050,
				173-345-060, or
				173-345-070, is subject to
				penalties prescribed in those sections. All recycling facilities and material
				recovery facilities violating the provisions of WAC
				173-345-080 are subject to the
				penalties prescribed in that section.
Statutory Authority:
				  Chapter
				  70.95 RCW and
				  RCW
				  70.95.400 - [70.95.]430. 09-09-131 (Order
				  07-16), § 173-345-090, filed 4/22/09, effective
				  5/23/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-345 - Recyclable materials - transporter and facility requirements › Section 173-345-100 - Appeals

Current through Register Vol. 24-14, July 15, 2024
Any person aggrieved by a penalty of the department may appeal
				that decision only as provided by applicable law including, but not limited to
				chapters 43.21B and
				34.05 RCW.
Statutory Authority:
				  Chapter
				  70.95 RCW and
				  RCW
				  70.95.400 - [70.95.]430. 09-09-131 (Order
				  07-16), § 173-345-100, filed 4/22/09, effective
				  5/23/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-350 - Solid waste handling standards › Section 173-350-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This chapter is adopted under the authority of chapter 70.95
				RCW, Solid waste management-Reduction and recycling, to protect public health,
				to prevent land, air, and water pollution, and conserve the state's natural,
				economic, and energy resources by:
(1)
			 Setting minimum functional performance standards for the proper handling and
			 disposal of solid waste originating from residences, commercial, agricultural
			 and industrial operations and other sources;
(2) Identifying those functions necessary to
			 assure effective solid waste handling programs at both the state and local
			 level;
(3) Following the priorities
			 for the management of solid waste as set by the legislature in chapter 70.95
			 RCW, Solid waste management-Reduction and recycling;
(4) Describing the responsibility of persons,
			 municipalities, regional agencies, state and local government related to solid
			 waste;
(5) Requiring solid waste
			 handling facilities to be located, designed, constructed, operated and closed
			 in accordance with this chapter;
(6) Promoting regulatory consistency by
			 establishing statewide minimum standards for solid waste handling;
			 and
(7) Encouraging the development
			 and operation of waste recycling facilities and activities needed to accomplish
			 the management priority of waste recycling.
Statutory Authority:
				  Chapter
				  70.95 RCW. 03-03-043
				  (Order 99-24), § 173-350-010, filed 1/10/03, effective
				  2/10/03.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-350 - Solid waste handling standards › Section 173-350-021 - Determination of solid waste

Current through Register Vol. 24-14, July 15, 2024
(1)
Determination of solid waste - Applicability.
This section must be
			 applied when determining whether a material is a solid waste as defined in WAC
			 173-350-100. Some
			 waste materials already have criteria for use, or standards to no longer be
			 considered solid waste, in other sections of this rule. This section may not be
			 applied to the following materials:
(a)
			 Contaminated soil and contaminated dredged materials defined in WAC
			 173-350-100;
(b) Composted materials regulated under WAC
			 173-350-220;
			 and
(c) Digestate regulated under
			 WAC
			 173-350-250.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-350 - Solid waste handling standards › Section 173-350-025 - Owner responsibilities for solid waste

Current through Register Vol. 24-14, July 15, 2024
The owner, operator, or occupant of any premise, business
				establishment, or industry is responsible for the satisfactory and legal
				arrangement for the solid waste handling of all solid waste generated or
				accumulated by them on the property.
Statutory Authority:
				  Chapter
				  70.95 RCW. 03-03-043
				  (Order 99-24), § 173-350-025, filed 1/10/03, effective
				  2/10/03.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-350 - Solid waste handling standards › Section 173-350-030 - Effective dates

Current through Register Vol. 24-14, July 15, 2024
(1)
Effective dates - Facilities with new solid waste handling units.
The standards in this chapter apply to new solid waste
				handling units, on or after the effective dates for any new or updated sections
				in this chapter.
(2)
Effective dates - Existing facilities with a solid waste handling
			 permit.
(a) The owner or operator of
			 an existing facility must:
(i) Meet all
			 applicable operating, environmental monitoring, closure and post-closure
			 planning, and financial assurance requirements within eighteen months of the
			 effective date associated with each solid waste handling unit at a facility;
			 and
(ii) Meet all applicable
			 performance and design requirements, other than location or setback
			 requirements, within twenty-four months of the effective date associated with
			 each solid waste handling unit at a facility.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-350 - Solid waste handling standards › Section 173-350-040 - Performance standards

Current through Register Vol. 24-14, July 15, 2024
The owner or operator of any solid waste facility subject to
				this chapter must:
(1) Design,
			 construct, operate, close and provide post-closure care as applicable, at any
			 solid waste facility in a manner that does not pose a threat to human health or
			 the environment;
(2) Not be in
			 conflict with the approved local comprehensive solid waste management plan
			 prepared in accordance with chapter 70.95 RCW, Solid waste management-Reduction
			 and recycling, and/or the local hazardous waste management plan prepared in
			 accordance with chapter 70.105 RCW, Hazardous waste management; and
(3) Comply with all other applicable local,
			 state, and federal laws and regulations.
Statutory Authority:
				  Chapter
				  70.95 RCW. 03-03-043
				  (Order 99-24), § 173-350-040, filed 1/10/03, effective
				  2/10/03.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-350 - Solid waste handling standards › Section 173-350-200 - Beneficial use permit exemptions

Current through Register Vol. 24-14, July 15, 2024
(1)
Beneficial use permit exemptions - Applicability.
(a) This section applies to the beneficial
			 use of solid waste in a manner approved by the department when the department
			 has approved a beneficial use permit application.
(b) This section does not apply to:
(i) Solid waste handling facilities requiring
			 permits or facilities operating under a conditional exemption authorized by
			 RCW
			    70.95.305;
(ii) Materials used as alternative daily
			 cover at landfills, which requires approval as part of the solid waste
			 permitting process or subsequent allowance by the jurisdictional health
			 department; and
(iii) Use of a
			 solid waste as a component of fill unless a demonstration shows that the
			 material meets specific engineering needs and specifications other than
			 occupying space. Any proposal made under this section to use solid waste as a
			 component of fill must be certified by a professional engineer registered in
			 the state of Washington, in an engineering discipline appropriate for the
			 proposed activity.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-350 - Solid waste handling standards › Section 173-350-220 - Composting facilities

Current through Register Vol. 24-14, July 15, 2024
(1)
Composting facilities - Applicability.
(a) These standards apply to all facilities
			 that treat solid waste by composting.
(b) These standards do not apply to:
(i) Methods of managing organic materials
			 that are excluded from the solid waste handling standards in WAC
			 173-350-020;
(ii) Composting used as a treatment for
			 contaminated soil or contaminated dredged material regulated under WAC
			 173-350-320
			 or
			 173-350-490;
(iii) Anaerobic digesters regulated under WAC
			 173-350-250,
			 or treatment of other liquid or solid wastes in digesters regulated under WAC
			 173-350-330;
(iv) Composting of bovine and equine
			 carcasses for producers subject to
			 RCW
			    70.95.306. Producers that fail to meet the
			 conditions of
			 RCW
			    70.95.306 will be required to obtain a solid
			 waste handling permit from the jurisdictional health department and must comply
			 with all other conditions of this chapter; and
(v) Composting biosolids when managed under
			 chapter 173-308 WAC, Biosolids management.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-350 - Solid waste handling standards › Section 173-350-230 - Land application

Current through Register Vol. 24-14, July 15, 2024
(1) Land
			 application - Applicability.
(a) These
			 standards apply to solid waste that is beneficially used on the land through
			 application at an agronomic rate, as a soil amendment, or for land reclamation.
(b) These standards do not apply
			 to:
(i) Land application of manure and
			 bedding, crop residue, and on-farm vegetative waste at agronomic rates as
			 excluded under WAC
			 173-350-020;
(ii) Land application of solid waste exempted
			 from permitting under WAC
			 173-350-200;
(iii) Solid waste used to improve
			 the engineering characteristics of soil;
(iv) Land application of composted materials
			 as defined in WAC
			 173-350-100;
(v) Land application of vermicompost and
			 organic materials meeting the terms and conditions for permit exemption of WAC
			 173-350-225;
			 and
(vi) Land application of
			 digestate meeting the terms and conditions for permit exemption or permitting
			 requirements of WAC
			 173-350-250.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-350 - Solid waste handling standards › Section 173-350-240 - Energy recovery and incineration facilities

Current through Register Vol. 24-14, July 15, 2024
(1) Energy recovery and incineration
			 facilities -Applicability
(a) These standards
			 apply to all facilities designed to burn more than twelve tons of solid waste
			 per day.
(b) These standards do not
			 apply to:
(i) Facilities that burn gases from
			 a landfill or solid waste digester;
(ii) Facilities that burn materials that are
			 no longer solid waste as determined by WAC 173-350-021.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-350 - Solid waste handling standards › Section 173-350-250 - Anaerobic digesters

Current through Register Vol. 24-14, July 15, 2024
(1)
Anaerobic digesters - Applicability.
(a) These standards apply to all facilities
			 that treat solid waste by anaerobic digestion.
(b) These standards do not apply to:
(i) Storage or treatment of solid or liquid
			 wastes in surface impoundments or tanks regulated under WAC
			 173-350-330;
(ii) Anaerobic digesters regulated in
			 accordance with chapter 90.48 RCW, Water pollution control; and
(iii) Anaerobic digesters regulated in
			 accordance with chapter 173-308 WAC, Biosolids management.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-350 - Solid waste handling standards › Section 173-350-300 - On-site storage, collection, and transportation standards

Current through Register Vol. 24-14, July 15, 2024
(1)
On-site
			 storage, collection and transportation standards - Applicability.
These
			 standards apply to the temporary storage of solid waste in a container at a
			 premises, business establishment, or industry and the collecting and
			 transporting of the solid waste.
(2)
On-site storage.
(a) The owner or occupant of any premises,
			 business establishment, or industry is responsible for the safe and sanitary
			 storage of all containerized solid wastes accumulated at those
			 premises.
(b) The owner, operator,
			 or occupant of any premises, business establishment, or industry must store
			 solid wastes in containers that meet the following requirements:
(i) Disposable containers must be
			 sufficiently strong to allow lifting without breakage and must be thirty-two
			 gallons in capacity or less where manual handling is practiced;
(ii) Reusable containers, except for
			 detachable containers, must be:
(A) Rigid and
			 durable;
(B) Corrosion
			 resistant;
(C) Nonabsorbent and
			 water tight;
(D) Rodent-proof and
			 easily cleanable;
(E) Equipped with
			 a close-fitting cover;
(F) Suitable
			 for handling with no sharp edges or other hazardous conditions; and
(G) Equal to or less than thirty-two gallons
			 in volume where manual handling is practiced;
(iii) Detachable containers must be durable,
			 corrosion-resistant, nonabsorbent, nonleaking and have either a solid cover or
			 screen cover to prevent littering.
(c) In compliance with WAC
			 173-345-040
			 and
			 RCW    70.95.020,
			 all sites where recyclable materials are generated and transported for
			 recycling must provide a separate container for nonrecyclable materials (solid
			 waste).