reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-351 - Criteria for municipal solid waste landfills › Section 173-351-500 - Closure and post-closure care

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Closure criteria.
(a) Owners or operators of
			 all MSWLF must install a final cover system that is designed to minimize
			 infiltration and erosion.
(i) The final cover
			 system must be designed and constructed to:
(A) Have a permeability less than or equal to
			 the permeability of any bottom liner system and natural subsoils present, and
			 minimize infiltration through the closed MSWLF by the use of an
			 anti-infiltration layer that contains a composite layer as defined in (a)(i)(B)
			 of this subsection;
(B) For the
			 purpose of this section, "composite layer" means a system consisting of two
			 components; the upper component must consist of a minimum of 30 mil (0.76 mm)
			 thickness of geomembrane (60 mils (1.5 mm) for high density polyethylene
			 geomembranes). The lower component must consist of at least a two-foot (60 cm)
			 layer of compacted soil with a hydraulic conductivity of no more than
			 1X10-5 cm/sec. The geomembrane must be installed in
			 direct and uniform contact with the compacted soil component;
(C) Minimize erosion of the final cover by
			 use of an anti-erosion layer that contains a minimum of a one-foot (30 cm)
			 layer of earthen material of which at least six inches (15 cm) of the uppermost
			 layer is capable of sustaining native plant growth; and
(D) Address anticipated settlement (with a
			 goal of achieving no less than two to five percent slopes after settlement),
			 drainage and/or the need for drainage layers, gas generation and/or the need
			 for gas layers, freeze-thaw, desiccation and stability and mechanical strength
			 of the design.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-351 - Criteria for municipal solid waste landfills › Section 173-351-600 - Financial assurance criteria

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Applicability and effective date.
(a) The
			 requirements of this section apply to owners and operators of all MSWLF
			 units.
(b) The requirements of this
			 section are effective on the effective date of this rule.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-351 - Criteria for municipal solid waste landfills › Section 173-351-700 - Permitting requirements

Current through Register Vol. 24-14, July 15, 2024
(1) WAC
			 173-351-700 through
			 173-351-750 are the permitting
			 requirements of chapter 173-351 WAC, Criteria for municipal solid waste
			 landfills. Except as provided in subsection (4) of this section, no owner or
			 operator shall construct, operate, close, or perform post-closure activity with
			 respect to a facility except in conformance with a valid MSWLF permit issued
			 pursuant to this chapter.
(2)
			 Transition rules for existing MSWLF units. The following constitute the
			 transition rules for this section:
(a)
			 Existing MSWLF units with valid chapter 173-304 WAC permits expiring before
			 November 26, 1993. Owners or operators of existing MSWLF units having valid
			 permits expiring before November 26, 1993, must apply for a valid MSWLF permit
			 no later than January 24, 1994, to continue operation under the terms of this
			 regulation. Each valid chapter 173-304 WAC permit expiring before November 26,
			 1993, is hereby continued until the valid MSWLF permit is issued under these
			 rules. For these transition rules, the owner or operator must prepare
			 applications according to WAC
			 173-351-730(4),
			 Reissuance/transition applications. Upon issuance of a valid MSWLF permit, the
			 owner or operator must comply with the requirements of this regulation.
Note:
MSWLF units that do not accept waste on or after
							 November 26, 1993, and close under chapter 173-304 WAC, Minimum functional
							 standards for solid waste handling, and the federal rules for closure under  40
							 C.F.R. Part 258.60  would continue to be permitted under chapter 173-304 WAC
							 unless such MSWLF units are part of a multiunit groundwater monitoring system
							 according to WAC
							 173-351-450(4).
(b)
			 Existing MSWLF units with valid chapter 173-304 WAC permits expiring on or
			 after November 26, 1993. Each valid chapter 173-304 WAC permit (for existing
			 MSWLF units) expiring on or after November 26, 1993, is hereby continued until
			 the expiration date set forth in the permit. Owners and operators must comply
			 with the conditions of the permit and the regulations of chapter 173-304 WAC,
			 in effect on October 8, 1993, for the duration of that permit. Owners or
			 operators of existing MSWLF units with valid chapter 173-304 WAC permits
			 expiring on or after November 26, 1993, must apply for a valid MSWLF permit no
			 later than January 24, 1994. For these transition rules, the owner or operator
			 must prepare applications according to WAC
			 173-351-730(4),
			 Reissuance/transition applications. Upon issuance of a valid MSWLF permit, the
			 owner or operator must comply with the requirements of this
			 regulation.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-351 - Criteria for municipal solid waste landfills › Section 173-351-710 - Research, development, and demonstration permits

Current through Register Vol. 24-14, July 15, 2024
(1) The jurisdictional health department,
			 with the written concurrence of the department, may issue a research,
			 development, and demonstration permit for a new MSWLF unit, existing MSWLF
			 unit, or lateral expansion, from which the owner or operator proposes to
			 utilize innovative methods which vary from the following criteria provided that
			 the MSWLF unit has a leachate collection system designed and constructed to
			 maintain less than a one foot (30 cm) depth of leachate on the liner and has
			 not been identified as a potential source of contamination:
(a) The run-on control system in WAC
			 173-351-200(7);
			 and
(b) The liquids restriction in
			 WAC 173-351-200(9).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-351 - Criteria for municipal solid waste landfills › Section 173-351-720 - Permit application procedures

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Initial and reissuance procedures.
(a) Forms
			 and complete application. An application for a permit under this regulation
			 must be submitted on a form prescribed by the department. In order to be
			 complete:
(i) Two or more copies (as
			 determined by the jurisdictional health department) of the application must
			 have been signed by the owner and operator and received by the jurisdictional
			 health department;
(ii) The
			 application must include evidence of compliance with the State Environmental
			 Policy Act (SEPA) rules, chapter 197-11 WAC; and
(iii) The application must include the plans,
			 reports, and other supporting information required by this
			 regulation.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-351 - Criteria for municipal solid waste landfills › Section 173-351-730 - Contents of applications

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Applications for MSWLF permits and level of detail.
(a) General requirements for MSWLF permit
			 applications and level of detail.
(i) An
			 application for an MSWLF permit to construct, operate, and conduct post-closure
			 activities at a facility must include all applicable information identified in
			 this section.
(ii) The information
			 in every application submitted under this regulation must be of sufficient
			 detail so as to allow the jurisdictional health department to fulfill its
			 responsibilities under SEPA and this regulation by:
(A) Having detail sufficient to be readily
			 understood by the persons using the documents to enable them to determine how
			 the facility will be constructed, operated, and closed and how it will be
			 monitored and maintained after closure;
(B) Providing the jurisdictional health
			 department with sufficient detail to ascertain the environmental impact of the
			 proposed project; and
(C) Providing
			 sufficient detail to demonstrate that the location, design, construction,
			 operation, closure, and post-closure monitoring and maintenance of the MSWLF
			 will be capable of compliance with the applicable requirements of this
			 regulation.
(iii) If the
			 facility is to be constructed in phases, the initial application must contain
			 the conceptual design for the entire facility and the information of subsection
			 (1)(b) of this section for the initial MSWLF unit and other MSWLF units that
			 will be constructed during the active life of the facility.
(iv) Applications for new MSWLF units or
			 lateral expansions must include documentation that all owners of property
			 located within one thousand feet of the facility property boundary have been
			 notified that the proposed facility may impact their ability to construct water
			 supply wells in accordance with chapter 173-160 WAC, Minimum standards for
			 construction and maintenance of wells.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-351 - Criteria for municipal solid waste landfills › Section 173-351-740 - Permit issuance criteria

Current through Register Vol. 24-14, July 15, 2024
The jurisdictional health department may issue, reissue, or
				modify a MSWLF permit to a facility, only if:
(1) The application's engineering and
			 hydrogeological data and construction plans and specifications required by this
			 regulation demonstrate that the proposed MSWLF unit or MSWLF units meets the
			 requirements of this regulation;
(2) The application demonstrates the
			 facility's ability to operate and close in accordance with the requirements of
			 this regulation;
(3) The
			 application demonstrates the facility's ability to conduct post-closure
			 activities in accordance with the requirements of this regulation;
(4) The owner or operator has established a
			 financial assurance mechanism meeting the requirements of this regulation and
			 has submitted, as applicable:
(a) A copy of
			 the ordinance establishing the reserve account; or
(b) The original signed documents for trust
			 funds, surety bonds, or letters of credit for closure and post-closure
			 financial assurance; and
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-351 - Criteria for municipal solid waste landfills › Section 173-351-750 - Permit provisions

Current through Register Vol. 24-14, July 15, 2024
(1) Mitigation
			 of adverse impacts. The jurisdictional health department may impose conditions
			 in each permit, to assure mitigation of adverse environmental impacts pursuant
			 to SEPA, chapter 43.21C
			 RCW and to ensure compliance with the requirements of this regulation and with
			 other applicable laws and regulations.
(2) Transferability.
(a) All permits issued pursuant to this
			 regulation are transferable only upon prior written approval of the
			 jurisdictional health department and a demonstration that the prospective
			 transferee will be able to comply with applicable laws and regulations, permit
			 conditions, and other requirements to which the prospective transferor is
			 subject.
(b) Upon transfer of
			 ownership of all or part of a facility, a provision must be included in the
			 property deed indicating the period of time during which the facility has been
			 disposing of solid waste, a description of the solid waste contained within,
			 and the fact that the records for the facility have been filed with the
			 jurisdictional health department. The deed also must reference a map, which
			 must be filed with the county clerk, showing the limits of the active areas as
			 defined in WAC
			 173-351-100.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-351 - Criteria for municipal solid waste landfills › Section 173-351-760 - Appeals

Current through Register Vol. 24-14, July 15, 2024
Whenever the jurisdictional health department denies a permit
				or suspends a permit for a solid waste disposal site, it must, upon request of
				the application or holder of the permit, grant a hearing on such denial or
				suspension within thirty days after the request is made. Notice of the hearing
				must be given to all interested parties including the county or city having
				jurisdiction over the site and the department. Within thirty days after the
				hearing the health officer must notify the applicant or the holder of the
				permit in writing of the determination. Any party aggrieved by such
				determination may appeal to the pollution control hearings board by filing with
				the hearings board a notice of appeal within thirty days after receipt of
				notice of the determination of the health officer. The hearings board will hold
				a hearing in accordance with the provisions of the Administrative Procedure
				Act, chapter 34.05
				RCW, as now or hereafter amended.
Statutory Authority:
				  RCW
				  70.95.020(3),
				  70.95.060(1), and
				  70.95.260(1),
				  (6). 12-23-009 (Order 07-15), §
				  173-351-760, filed 11/8/12, effective 12/9/12. Statutory Authority:
				  Chapter
				  70.95 RCW and  40 CFR 258 .
				  93-22-016, § 173-351-760, filed 10/26/93, effective
				  11/26/93.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 1 - PURPOSE AND SCOPE › Section 173-360A-0100 - Purpose of chapter

Current through Register Vol. 24-14, July 15, 2024
This chapter is promulgated under the authority of chapter
				  90.76 RCW and establishes a statewide underground storage tank program that is
				  intended, at a minimum, to meet the legislature's intent to:
(1) Address the serious threat to human
				health and the environment posed by leaking underground storage tanks
				containing petroleum and other regulated substances;
(2) Meet the requirements for delegation of
				the federal underground storage tank program of the Resource Conservation and
				Recovery Act of 1976, as amended (42 U.S.C. Sec. 6901  et seq.);
(3) Be consistent with and no less stringent
				than the requirements in the federal regulations and the Underground Storage
				Tank Compliance Act of 2005 (42 U.S.C. Sec. 15801  et seq., Energy Policy Act of
				2005, P.L.
				109-58, Title XV, Subtitle B); and
(4) Allow for the establishment of local
				requirements more stringent than the statewide requirements to protect
				environmentally sensitive areas.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 1 - PURPOSE AND SCOPE › Section 173-360A-0110 - Applicability of chapter

Current through Register Vol. 24-14, July 15, 2024
The requirements of this chapter apply to all owners and
				  operators of an UST system, except as otherwise provided in this
				  section.
(1)
Exempt UST
				systems.
The following UST systems are exempt from all of the
				requirements of this chapter:
(a) Any UST
				system holding hazardous wastes subject to Subtitle C of the Solid Waste
				Disposal Act (42 U.S.C. Sec. 6921 through 6939e), or a mixture of such
				hazardous waste and other regulated substances;
(b) Any wastewater treatment tank system that
				is part of a wastewater treatment facility regulated under Section 307(b) or
				402 of the Clean Water Act (33 U.S.C. Sec. 1317(b) or 1342);
(c) Any storage tank situated in an
				underground area (such as a basement, cellar, vault, mineworking, drift, shaft,
				or tunnel) upon or above the surface of the floor so that routine physical
				inspection of the exterior of the tank is possible;
(d) Any UST system used solely for heating
				structures on the property where the system is located;
(e) Any farm or residential UST system with a
				capacity of one thousand one hundred gallons or less used for storing motor
				fuel for noncommercial purposes;
(f) Any UST system with a capacity of one
				hundred ten gallons or less;
(g)
				Any UST system that contains a de minimis concentration of regulated
				substances;
(h) Any emergency spill
				or overflow containment UST system that is expeditiously emptied after
				use;
(i) Any equipment or machinery
				that contains regulated substances for operational purposes such as hydraulic
				lift tanks and electrical equipment tanks;
(j) Any flow-through process tank;
(k) Any septic tank;
(l) Any stormwater or wastewater collection
				system;
(m) Any surface
				impoundment, pit, pond, or lagoon;
(n) Any liquid traps or associated gathering
				lines directly related to oil or gas production and gathering operations;
				and
(o) Any pipeline facility
				(including gathering lines):
(i) Which is
				regulated under 49 U.S.C. chapter 601; or
(ii) Which is an intrastate pipeline facility
				regulated under state laws as provided in 49 U.S.C. chapter 601, and which is
				determined by the Secretary of Transportation to be connected to a pipeline, or
				to be operated or intended to be capable of operating at pipeline pressure or
				as an integral part of a pipeline.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 1 - PURPOSE AND SCOPE › Section 173-360A-0120 - Preemption of local programs

Current through Register Vol. 24-14, July 15, 2024
This chapter supersedes and preempts any state or local
				  underground storage tank law, ordinance, or resolution governing any aspect of
				  regulation covered by this chapter except:
(1) Provisions of the International Fire Code
				adopted under chapter 19.27 RCW that are not more stringent than and do not
				directly conflict with the provisions of this chapter;
(2) Local laws, ordinances, and resolutions
				pertaining to local authority to take immediate action in response to a release
				of a regulated substance;
(3) Local
				laws, ordinances, and resolutions pertaining to permits and fees for the use of
				underground storage tanks in street right of ways that were in effect on July
				1, 1990;
(4) City, town, or county
				underground storage tank ordinances that are more stringent than the federal
				regulations and the uniform fire code adopted under chapter 19.27 RCW and were
				in effect on November 1, 1988. Under chapter 90.76 RCW, local jurisdictions
				were required to notify the department of the existence of such ordinances by
				July 1, 1989. The department received notification from the city of Redmond,
				and city of Renton, the city of Spokane, Spokane County, and Tacoma-Pierce
				County; and
(5) Local laws,
				ordinances, and resolutions pertaining to the protection of environmentally
				sensitive areas that are more stringent than the requirements of this chapter
				and have been approved by the department under WAC 173-360A-0130.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 1 - PURPOSE AND SCOPE › Section 173-360A-0130 - Approval of more stringent local requirements

Current through Register Vol. 24-14, July 15, 2024
A city, town, or county may adopt ordinances or resolutions
				  establishing requirements for UST systems within an environmentally sensitive
				  area that are more stringent than the statewide requirements of this chapter,
				  if approved by the department under this section. Designation of an
				  environmentally sensitive area under this section is solely for the purposes of
				  implementing chapter 90.76 RCW.
(1)
Application.
Any city, town, or county may apply to the department
				to have an area within its jurisdictional boundaries designated an
				environmentally sensitive area. A city, town, or county may also submit a joint
				application with any other city, town, or county for joint administration under
				chapter 39.34 RCW of a single environmentally sensitive area located in both
				jurisdictions.
(a)
Required
				information.
The application for designation of an environmentally
				sensitive area and approval of more stringent UST system requirements must
				consist of a concise, factual report that provides sufficient information for
				the department to make a determination. The application must include the
				following:
(i) A description and map of the
				area to be designated and where within the area the more stringent UST system
				requirements would apply;
(ii) A
				description of the physical characteristics of the area, including any
				available maps of underground water resources and recharge areas, and an
				explanation of why those characteristics make it especially vulnerable to the
				threats posed by releases from UST systems, considering the criteria in
				subsection (2) of this section;
(iii) A description of the more stringent
				requirements that would apply to UST systems in the area, and an explanation of
				why more stringent requirements are necessary to protect the area, considering:
(A) The possible impacts of contaminated
				groundwater on human health and the environment;
(B) Whether the statewide requirements of
				this chapter are sufficient to prevent releases that may contaminate the
				groundwater; and
(C) A description
				of any other measures in place or considered to protect groundwater or surface
				water from environmental threats;
(iv) Any written comments submitted by the
				public on the proposed designation under subsection (3) of this section, and an
				explanation of how those comments were addressed; and
(v) Documentation of coordination with
				affected state and local agencies and water user groups under subsection (3) of
				this section.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 1 - PURPOSE AND SCOPE › Section 173-360A-0140 - Intergovernmental agreements

Current through Register Vol. 24-14, July 15, 2024
In order to fully implement this chapter, and to protect
				  surface and groundwater resources that may cross jurisdictional boundaries, the
				  department may negotiate and enter into cooperative agreements with Indian
				  tribal governments, adjacent states, and Canadian governmental agencies. Such
				  cooperative agreements do not affect the regulatory jurisdiction of any party
				  thereto with regard to any civil or criminal matters otherwise exercised by any
				  party. Intergovernmental agreements must further the purpose of this chapter,
				  serve to establish a framework for intergovernmental coordination and
				  cooperation, and serve to minimize duplication and efficiently utilize program
				  resources to manage underground storage tanks and protect surface and
				  groundwater resources.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 1 - PURPOSE AND SCOPE › Section 173-360A-0190 - 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 is not
				  affected.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 2 - ADMINISTRATION AND ENFORCEMENT › Section 173-360A-0200 - Licensing of UST systems

Current through Register Vol. 24-14, July 15, 2024
(1)
Requirement for a license.
An owner or operator must maintain a
				license for each tank until the UST system has undergone permanent closure or a
				change-in-service. Without the prior written authorization of the department,
				an UST system may not be operated without a license for each tank. Possession
				of a license does not preclude enforcement against owners and operators under
				this chapter, chapter 90.76 RCW, or other laws.
(2)
Eligibility for a license.
To be eligible for a license, an UST system must be in compliance with the
				requirements of this chapter and chapter 90.76 RCW.
(3)
Application for a license.
(a) An owner or operator must apply for a
				license within thirty days of the following:
(i) Installation of an UST system or tank;
				or
(ii) Change in the owner or
				operator that is the licensee.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 2 - ADMINISTRATION AND ENFORCEMENT › Section 173-360A-0210 - Fees for UST systems

Current through Register Vol. 24-14, July 15, 2024
(1)
Payment.
Annually, the owner of an UST system must pay the
				following fees for each tank until the system has undergone permanent closure
				or a change-in-service:
(a) The state tank
				fee specified by the department under subsection (3) of this section;
				and
(b) Any applicable local tank
				fee approved by the department under WAC 173-360A-0130(6).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 2 - ADMINISTRATION AND ENFORCEMENT › Section 173-360A-0220 - Facility compliance tags

Current through Register Vol. 24-14, July 15, 2024
(1)
Requirement for tag.
Without the prior written authorization of
				the department, regulated substance may not be delivered or deposited into an
				UST system, or withdrawn from a waste oil UST system, at a UST facility without
				a valid and properly displayed facility compliance tag.
(2)
Eligibility for tag.
To be
				eligible for a facility compliance tag, a UST facility must be in compliance
				with the requirements of this chapter and chapter 90.76 RCW.
(3)
Issuance of tag.
The
				department will issue a facility compliance tag for a UST facility upon the
				initial issuance of a license for an UST system at the facility under WAC
				173-360A-0200.
(4)
Display of
				tag.
A facility compliance tag must be displayed at a UST facility in a
				location that is clearly visible to product deliverers and persons withdrawing
				waste oil.
(5)
Revocation and
				appeals.
The department may revoke a facility compliance tag if a UST
				facility is violating any requirement of this chapter or chapter 90.76 RCW. The
				revocation of a facility compliance tag may be appealed to the pollution
				control hearings board in accordance with chapter 43.21B RCW.
(6)
Return upon temporary closure of
				facility.
Within thirty days of the temporary closure all UST systems at
				a UST facility, owners and operators must return the facility compliance tag to
				the department if the systems will be closed for more than ninety days. The
				department will reissue a facility compliance tag for the UST facility in
				accordance with WAC 173-360A-0800(5)(c).
(7)
Return upon permanent closure or
				change-in-service of facility.
Within thirty days of the permanent
				closure or change-in-service of all UST systems at a UST facility, owners and
				operators must return the facility compliance tag to the department.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 2 - ADMINISTRATION AND ENFORCEMENT › Section 173-360A-0230 - Reporting requirements

Current through Register Vol. 24-14, July 15, 2024
(1)
Licensing of UST systems.
An owner or operator must apply for and
				renew licenses for UST systems and provide notice of any change in the owner or
				operator of an UST system in accordance with WAC 173-360A-0200.
(2)
Changes to UST systems.
Owners and operators must notify the department of the following changes in the
				status of an UST system in accordance with the applicable requirements of this
				chapter:
(a) Intent to install an UST system
				or a tank or piping run (WAC 173-360A-0300(1));
(b) Change in the regulated substance stored
				in an UST system and, if applicable, demonstration of compatibility (WAC
				173-360A-0410);
(c) Change in the
				release detection method used for a tank or pipe (WAC 173-360A-0600(4));
(d) Temporary closure of an UST
				system (WAC 173-360A-0800(1));
(e)
				Emptying of a temporarily closed UST system (WAC 173-360A-0800(2));
(f) Return to operation of a temporarily
				closed UST system (WAC 173-360A-0800(5)(b)(ii));
(g) Intent to permanently close an UST system
				or a tank or piping run (WAC 173-360A-0810(1));
(h) Permanent closure of a partially exempt
				UST system (WAC 173-360A-0810(5));
(i) Intent to undertake a change-in-service
				of an UST system (WAC 173-360A-0820(1)); and
(j) Change-in-service of a partially exempt
				UST system (WAC 173-360A-0820(5)).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 2 - ADMINISTRATION AND ENFORCEMENT › Section 173-360A-0240 - Recordkeeping requirements

Current through Register Vol. 24-14, July 15, 2024
(1)
Records.
Owners and operators must maintain records of the
				following in accordance with the applicable requirements of this chapter:
(a) Installations of UST systems and UST
				system components (WAC 173-360A-0300);
(b) Assessments of corrosion potential (WAC
				173-360A-0310(3)(c));
(c) Upgrades
				of existing UST systems (WAC 173-360A-0320);
(d) Upgrades of previously deferred UST
				systems (WAC 173-360A-0330);
(e)
				Compatibility of UST system components (WAC 173-360A-0350);
(f) Periodic walkthrough inspections (WAC
				173-360A-0420);
(g) Tests of
				cathodic protection systems (WAC 173-360A-0430(2));
(h) Rectifier inspections (WAC
				173-360A-0430(3));
(i) Internal
				inspections of lined tanks (WAC 173-360A-0440);
(j) Periodic monitoring and tightness tests
				of containment sumps used for interstitial monitoring of piping (WAC
				173-360A-0450);
(k) Periodic
				monitoring and tightness tests of spill prevention equipment (WAC 173-360A-0460
				);
(l) Inspections of overfill
				prevention equipment (WAC 173-360A-0470);
(m) Operation and maintenance, including
				tests, of release detection equipment (WAC 173-360A-0480);
(n) Repairs of UST system components (WAC
				173-360A-0490);
(o) Tightness
				tests of secondary containment areas of tanks and piping used for interstitial
				monitoring (WAC 173-360A-0490(4)(c));
(p) Current operation and maintenance plans
				(WAC 173-360A-0545);
(q) Currently
				designated operators and training (WAC 173-360A-0560);
(r) Compliance with release detection
				requirements (WAC 173-360A-0600);
(s) Site assessments, including site checks
				(WAC 173-360A-0730);
(t)
				Investigation and cleanup of confirmed releases (WAC 173-360A-0750(4) and
				173-340-850); and
(u) Compliance with
				financial responsibility requirements (WAC 173-360A-1040).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 2 - ADMINISTRATION AND ENFORCEMENT › Section 173-360A-0250 - Compliance monitoring, investigation, and access

Current through Register Vol. 24-14, July 15, 2024
(1) The department's compliance monitoring
				program, including procedures for inspections and recordkeeping, must be
				consistent with and no less stringent than the program required by  40 C.F.R. Sec. 281.40, as amended, and section 9005 of the Solid Waste Disposal Act (42 U.S.C. Sec. 6991d).
(2) If
				necessary to determine compliance with the requirements of this chapter or
				chapter 90.76 RCW, an authorized representative of the state engaged in
				compliance inspections, monitoring or testing may, by request, require an owner
				or operator to submit relevant information or documents. The department may
				subpoena witnesses, documents, and other relevant information that the
				department deems necessary. In the case of any refusal to obey the subpoena,
				the superior court for any county in which the person is found, resides, or
				transacts business has jurisdiction to issue an order requiring the person to
				appear before the department and give testimony or produce documents. Any
				failure to obey the order of the court may be punished by the court as
				contempt.
(3) Any authorized
				representative of the state may require an owner or operator to conduct
				monitoring or testing.
(4) Upon
				reasonable notice, an authorized representative of the state may enter a
				premises or UST facility subject to regulation under this chapter or in which
				records relevant to the operation of an UST system are kept. In the event of an
				emergency or in circumstances where notice would undermine the effectiveness of
				an inspection, notice is not required. The authorized representative may copy
				records, obtain samples of regulated substances, and inspect or conduct
				monitoring or testing of an UST system.
(5) Owners and operators of UST systems must
				cooperate fully with inspections, monitoring, and testing conducted by the
				department, as well as requests for document submission, testing, and
				monitoring by the owner or operator under this section.
(6) For purposes of this section, the term
				"authorized representative" or "authorized representative of the state" means
				an enforcement officer, employee, or representative of the
				department.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 2 - ADMINISTRATION AND ENFORCEMENT › Section 173-360A-0260 - Information sharing

Current through Register Vol. 24-14, July 15, 2024
The department's procedures for sharing information with the
				  U.S. Environmental Protection Agency must be consistent with and no less
				  stringent than those required by  40 C.F.R. Sec. 281.43, as
				  amended.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 2 - ADMINISTRATION AND ENFORCEMENT › Section 173-360A-0270 - Enforcement

Current through Register Vol. 24-14, July 15, 2024
(1)
Authority.
The director of the department of ecology may seek
				appropriate injunctive or other judicial relief by filing an action in Thurston
				County superior court or issuing such order as the director deems appropriate
				to:
(a) Enjoin any threatened or continuing
				violation of this chapter or chapter 90.76 RCW;
(b) Restrain immediately and effectively a
				person from engaging in unauthorized activity that results in a violation of
				any requirement of this chapter or chapter 90.76 RCW and is endangering or
				causing damage to public health or the environment;
(c) Require compliance with requests for
				information, access, testing, or monitoring under WAC 173-360A-0250 or
				RCW
				   90.76.060;
(d) Prohibit the delivery, deposit, or
				acceptance of a regulated substance to an UST system identified by the
				department to be ineligible for such delivery, deposit, or acceptance in
				accordance with WAC 173-360A-0280 and chapter 90.76 RCW; or
(e) Assess and recover civil penalties
				authorized under WAC 173-360A-0290 and
				RCW
				   90.76.080.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 2 - ADMINISTRATION AND ENFORCEMENT › Section 173-360A-0280 - Delivery prohibition

Current through Register Vol. 24-14, July 15, 2024
(1)
Authority.
If the department determines the owners and operators
				of an UST system are violating any requirement of this chapter or chapter 90.76
				RCW, the department may prohibit the delivery, deposit, or acceptance of
				regulated substances to the system or the entire UST facility where the system
				is located.
(2)
Procedures.
The department's procedures for enforcing delivery
				prohibition must be consistent with and no less stringent than those required
				by  40 C.F.R. Sec. 281.42, as amended, and section 9012 of the Solid Waste
				Disposal Act (42 U.S.C. Sec. 6991k).
(3)
Identification.
The
				department may identify an UST system subject to delivery prohibition by
				either:
(a) Affixing a red tag to the fill
				pipe of the system; or
(b) Revoking
				the facility compliance tag of the UST facility where the system is
				located.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 2 - ADMINISTRATION AND ENFORCEMENT › Section 173-360A-0290 - Civil penalties

Current through Register Vol. 24-14, July 15, 2024
(1) A person
				who fails to notify the department pursuant to the notification requirements of
				this chapter, or who submits false information, is subject to a civil penalty
				not to exceed five thousand dollars per violation.
(2) A person who violates this chapter or
				chapter 90.76 RCW is subject to a civil penalty not to exceed five thousand
				dollars for each tank per day of violation.
(3) A person incurring a penalty under this
				chapter or chapter 90.76 RCW may apply to the department in writing for the
				remission or mitigation of the penalty as set out in
				RCW
				   43.21B.300. A person also may appeal a
				penalty directly to the pollution control hearings board in accordance with
				RCW
				   43.21B.300.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 3 - INSTALLATION AND PERFORMANCE STANDARDS › Section 173-360A-0300 - Installation of UST systems and components

Current through Register Vol. 24-14, July 15, 2024
Owners and operators must ensure UST systems and UST system
				  components are installed in accordance with the requirements of this
				  section.
(1)
Notice of intent to
				install an UST system or a tank or piping run.
When installing an entire
				UST system, or a tank or piping run that is part of an UST system, owners and
				operators must notify the department as specified in this subsection.
(a) Except for emergency replacements
				identified under (b) of this subsection, owners and operators must notify the
				department of planned installations at least thirty days, but no more than
				ninety days, before the planned start date using the applicable form provided
				by the department. Owners and operators must also confirm the planned start
				date at least three business days before starting installation.
(b) For emergency replacements, owners and
				operators must notify the department before starting the installation. A
				replacement constitutes an emergency if:
(i)
				There is a confirmed release from an operating UST system;
(ii) The UST system is located at an
				operating UST facility; and
(iii)
				The UST system is necessary for the normal operation of the facility.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 3 - INSTALLATION AND PERFORMANCE STANDARDS › Section 173-360A-0310 - Performance standards for new UST systems and components

Current through Register Vol. 24-14, July 15, 2024
Except as provided under WAC 173-360A-0330, owners and
				  operators must ensure new UST systems and UST system components meet the
				  performance standards of this section.
(1)
Tanks.
To prevent releases
				due to structural failure or corrosion, tanks must meet the performance
				standards in this subsection.
(a)
Metal.
Tanks made of metal must be designed and constructed in
				accordance with the following:
(i) The
				compatibility requirements in WAC 173-360A-0350;
(ii) The cathodic protection requirements in
				subsection (3) of this section, if applicable;
(iii) The secondary containment requirements
				in subsection (4) of this section, if applicable; and
(iv) A code of practice. The following codes
				of practice may be used to meet this requirement:
(A) Steel Tank Institute, Specification
				STI-P3, "Specification and Manual for External Corrosion Protection of
				Underground Steel Storage Tanks";
(B) Steel Tank Institute, Standard F841,
				"Standard for Dual Wall Underground Steel Storage Tanks";
(C) Underwriters Laboratories, Standard 1746,
				"Standard for External Corrosion Protection Systems for Steel Underground
				Storage Tanks";
(D) Underwriters
				Laboratories of Canada, Standard S603, "Standard for Steel Underground Tanks
				for Flammable and Combustible Liquids," Standard S603.1, "Standard for External
				Corrosion Protection Systems for Steel Underground Tanks for Flammable and
				Combustible Liquids," and Standard S631, "Standard for Isolating Bushings for
				Steel Underground Tanks Protected with External Corrosion Protection Systems";
				or
(E) National Association of
				Corrosion Engineers International, Standard Practice 0285, "External Corrosion
				of Underground Storage Tank Systems by Cathodic Protection," and Underwriters
				Laboratories, Standard 58, "Standard for Steel Underground Tanks for Flammable
				and Combustible Liquids."
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 3 - INSTALLATION AND PERFORMANCE STANDARDS › Section 173-360A-0320 - Upgrade requirements for existing UST systems

Current through Register Vol. 24-14, July 15, 2024
By December 22, 1998, owners and operators of existing UST
				  systems were required to meet the performance standards for new UST systems in
				  WAC 173-360A-0310 or the upgrade requirements in this section. Existing UST
				  systems not meeting this requirement must be permanently closed in accordance
				  with WAC 173-360A-0810 unless the tanks meet the requirements of this section
				  and an upgrade is determined to be appropriate by the department. This section
				  does not apply to previously deferred UST systems.
(1)
Administration.
(a) The upgrades specified in this section
				must be performed by or under the direct supervision of a service provider
				certified in accordance with Part 9 of this chapter.
(b) The upgrades specified in this section
				must be reported to the department within thirty days using the applicable
				checklist provided by the department. The checklist must be completed by the
				service provider.
(c) Records of
				upgrades completed after October 1, 2018, must be maintained until the UST
				system is permanently closed or undergoes a change-in-service.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 3 - INSTALLATION AND PERFORMANCE STANDARDS › Section 173-360A-0330 - Upgrade requirements for previously deferred UST systems

Current through Register Vol. 24-14, July 15, 2024
By October 1, 2021, owners and operators must ensure
				  previously deferred UST systems installed on or before October 1, 2018, meet
				  the performance standards for new UST systems in WAC 173-360A-0310, meet the
				  upgrade requirements in this section, or are permanently closed in accordance
				  with WAC 173-360A-0810.
(1)
Administration.
(a) The upgrades
				specified in this section must be performed by or under the direct supervision
				of a service provider certified in accordance with Part 9 of this
				chapter.
(b) The upgrades specified
				in this section must be reported to the department within thirty days using the
				applicable checklist provided by the department. The checklist must be
				completed by the service provider.
(c) Records of upgrades must be maintained
				until the UST system is permanently closed or undergoes a
				change-in-service.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 3 - INSTALLATION AND PERFORMANCE STANDARDS › Section 173-360A-0340 - Performance standards for partially exempt UST systems

Current through Register Vol. 24-14, July 15, 2024
Owners and operators must ensure partially exempt UST
				  systems identified in WAC 173-360A-0110(2)(a)(i) through (iii)    meet the
				  performance standards of this section. This section does not apply to
				  aboveground storage tanks associated with previously deferred UST systems and
				  any partially exempt UST systems for which installation commenced on or before
				  December 22, 1988.
(1)
Performance standards.
Partially exempt UST systems must:
(a) Prevent releases due to corrosion or
				structural failure for the operational life of the system;
(b) Be cathodically protected against
				corrosion, constructed of noncorrodible material, metal-clad with a
				noncorrodible material, determined by a corrosion expert to be located within a
				noncorrosive environment under WAC 173-360A-0310(3)(c), or designed in a manner
				to prevent the release or threatened release of any regulated substance stored
				in the system; and
(c) Be
				constructed or lined with material that is compatible with the regulated
				substance stored in the system.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-360A - Underground storage tank regulations › Part 3 - INSTALLATION AND PERFORMANCE STANDARDS › Section 173-360A-0350 - Compatibility requirements for UST systems

Current through Register Vol. 24-14, July 15, 2024
(1)
Performance standard for all UST
				systems.
Owners and operators must ensure that all UST system components
				are made of or lined with materials that are compatible with the regulated
				substances stored in the UST system.
(2)
Demonstrations for selected UST
				systems.
Owners and operators of UST systems storing hazardous
				substances, regulated substances containing greater than ten percent ethanol or
				twenty percent biodiesel, or any other regulated substances identified by the
				department must also comply with the requirements of this subsection.
(a)
Options.
Owners and
				operators must either:
(i) Demonstrate
				compatibility of the UST system (including tanks, piping, containment sumps,
				pumping equipment, release detection equipment, spill prevention equipment, and
				overfill prevention equipment) by using one of the following options:
(A) Certification or listing of equipment or
				components by a nationally recognized, independent testing laboratory for use
				with the regulated substance stored; or
(B) Approval by the equipment or component
				manufacturer. The manufacturer's approval must be in writing, indicate an
				affirmative statement of compatibility, and specify the hazardous substances or
				range of biofuel blends with which the equipment or component is compatible;
				or