reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-306 - Special incinerator ash management standards › Section 173-306-310 - Permit procedures

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Application procedures.
(a) Persons owning or
			 operating new or expanded ash disposal facilities shall apply to the department
			 for a permit, before accepting any special incinerator ash for disposal. These
			 procedures apply to permit renewal. Monofill owners who have successfully
			 complied with the requirements for Type B design in WAC
			 173-306-450(4)(a)(i) during the eighteen-month demonstration
			 period shall apply for a permit before using the Design B liner. Applicants
			 shall file two copies of the application with the department that have:
(i) Been signed and notarized as correct by
			 the owner and operator; and
(ii)
			 Attached evidence of compliance with the requirements of chapter 197-11 WAC,
			 the State Environmental Policy Act rules.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-306 - Special incinerator ash management standards › Section 173-306-320 - Demonstration and class-use permits

Current through Register Vol. 24-14, July 15, 2024
(1) Demonstration permits. Demonstration
			 permits must be required for persons utilizing ash (see WAC
			 173-306-490(2)(b)). In addition, persons applying for a
			 utilization permit must demonstrate that the proposed utilization will
			 successfully meet the requirements of WAC
			 173-306-490(2)(b)(ii) before full scale reuse or utilization is
			 practiced.
(a) The demonstration permit will
			 be issued in accordance with the procedures of WAC
			 173-306-310;
(b) The demonstration permit shall address
			 those requirements necessary to meet the standards of WAC
			 173-306-490(2)(b)(ii) and
			 (iii), and show that a disposal facility
			 meeting the requirements of this chapter is available in case the demonstration
			 fails or this permit is revoked;
(c) The demonstration permit shall provide a
			 specific time period and a limit on the quantity of ash that will be used for
			 the demonstration; the department may extend the demonstration period as a
			 modification of the demonstration permit;
(d) Unless otherwise approved by the
			 department, the permittee shall submit a report to the department within ninety
			 days of the end of the demonstration. The report shall contain the results of
			 all field tests and laboratory analyses and all data developed during the
			 demonstration period. The department shall then use the information to
			 determine whether or not there is adequate information to issue a class-use
			 permit that will incorporate conditions sufficient to provide compliance with
			 all requirements of WAC
			 173-306-490(2)(b)(ii) and
			 (iii). If the information is adequate, the
			 department will issue a class-use permit under the provisions of this section.
			 If the information is inadequate, the department may, as the situation
			 warrants, either issue a modification to the demonstration permit in accordance
			 with the procedures of WAC
			 173-306-310(3) and this subsection, or deny the class-use permit application.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-306 - Special incinerator ash management standards › Section 173-306-330 - Application contents for permits

Current through Register Vol. 24-14, July 15, 2024
(1) Application contents for permits for new
			 or expanded facilities.
(a) All permit
			 applications shall contain the following:
(i)
			 A general description of the facility;
(ii) The types of ash to be handled at the
			 facility;
(iii) The plan of
			 operation required by WAC
			 173-306-405(3) (except for demonstration and class-use permits, WAC
			 173-306-320);
(iv) The operating log required by WAC
			 173-306-405(4) (except for demonstration and class-use permits, WAC
			 173-306-320);
(v) The inspection schedule and inspection
			 log required by WAC
			 173-306-405.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-306 - Special incinerator ash management standards › Section 173-306-340 - Engineering reports, plans and specifications required in permits

Current through Register Vol. 24-14, July 15, 2024
(1) Before
			 constructing or modifying disposal facilities, final engineering reports, plans
			 and specifications must be submitted to and approved by the department
			 according to a compliance schedule specified in the permit. The engineering
			 report for a disposal facility must be sufficiently final so that plans and
			 specifications can be developed from it without substantial changes.
(2) All final engineering reports, plans and
			 specifications should be submitted by the owner or operator consistent with the
			 compliance schedule in the permit and at least thirty days before the time
			 approval is needed. The department will review and comment on and may approve
			 (or conditionally approve) or disapprove the plans and reports within the
			 thirty-day period unless circumstances prevent, in which case the owner or
			 operator will be notified and informed of the reason for the delay.
(3) The final engineering report may be
			 submitted before or concurrently with the final plans and
			 specifications.
(4) The department
			 will review the documents to ascertain that the proposed facility will be:
(a) Designed, constructed, operated,
			 maintained, and closed to meet the requirements of the permit issued under this
			 chapter; and
(b) Consistent with
			 good engineering practices.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-306 - Special incinerator ash management standards › Section 173-306-345 - Construction quality assurance plan

Current through Register Vol. 24-14, July 15, 2024
(1) Before construction or modification, a
			 detailed plan that shows how adequate and competent construction inspection
			 will be provided to insure compliance with the requirements of this chapter and
			 the approved engineering documents must be submitted to and approved by the
			 department. The plan must be submitted according to a schedule specified in the
			 permit.
(2) The construction
			 quality assurance plan shall include:
(a) A
			 construction schedule summarizing planned construction activities, noting
			 sequence interrelationships, durations, and terminations;
(b) A description of construction management,
			 organization management procedures, lines of communication, and
			 responsibility;
(c) A description
			 of anticipated quality control testing, including type of test, frequency, and
			 who will perform the tests;
(d) A
			 description of the construction inspection program including inspection
			 responsibilities, anticipated inspection frequency, deficiency resolution, and
			 inspector qualifications; and
(e)
			 For monofills, a description of how WAC
			 173-306-440(4)(d) is to be met.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-306 - Special incinerator ash management standards › Section 173-306-350 - Incinerator ash siting standards for disposal facilities

Current through Register Vol. 24-14, July 15, 2024
(1) Applicability. These standards apply to
			 all new or expanded monofills. These standards do not apply to:
(a) Existing monofills or monofills that have
			 closed before the effective date of this chapter; or
(b) Treatment, utilization, or processing
			 facilities.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-306 - Special incinerator ash management standards › Section 173-306-400 - Ash disposal facility standards

Current through Register Vol. 24-14, July 15, 2024
(1) Applicability. The standards of WAC
			 173-306-405 through
			 173-306-470 are the ash disposal
			 standards and apply to all disposal facilities except ash disposal facilities
			 that are engaged in closure or were closed before the effective date of this
			 chapter.
(2) Standards for permits.
			 The standards of WAC
			 173-306-405 through
			 173-306-470 must be used as the
			 basis for permitting as required in WAC
			 173-306-300.
(3) Effective dates.
(a) All existing ash disposal facilities not
			 in conformance with these standards must be placed on compliance schedules as
			 part of the permit issued in WAC
			 173-306-300. Full compliance must
			 be met within three years of the effective date of this chapter. However, the
			 following facility standards must be met within eighteen months of the
			 effective date of this chapter:
(i) The
			 general facility standards of WAC
			 173-306-405;
(ii) The operating and maintenance standards
			 of WAC 173-306-440(5);
			 and
(iii) The monitoring
			 requirements of WAC
			 173-306-500.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-306 - Special incinerator ash management standards › Section 173-306-405 - General facility operational standards

Current through Register Vol. 24-14, July 15, 2024
(1) Applicability. All special incinerator
			 ash disposal facilities shall meet the requirements of this section.
(2) Imminent hazard. Notwithstanding any
			 provisions of this chapter, enforcement actions may be brought in the event
			 that the management practices of an ash disposal facility present an imminent
			 and substantial hazard to the health of employees, the public health or the
			 environment.
(3) Plan of operation.
			 Each owner or operator shall develop and use the plan of operation required
			 during the permitting process in WAC
			 173-306-300. The plan shall
			 describe the facility's operation and convey to the operating personnel the
			 concept of operation intended by the designer. The facility must be operated in
			 accordance with the plan. Modifications to the plan must be approved by the
			 department. The plan of operation must be available for inspection at the
			 request of the department. Each plan of operation shall include:
(a) Ash management during the facility's
			 active life;
(b) Frequency and
			 methods of inspections and monitoring;
(c) Employee safety and training that
			 addresses:
(i) Protection from exposure and
			 contact with ash;
(ii) Employee
			 training;
(iii) Medical monitoring;
			 and
(iv) A safety plan or
			 procedure;
(d) Actions
			 to take for mitigating any sudden release of ash to surface water or dispersal
			 by wind;
(e) Modifications to the
			 plan permit, or plan of operation, or both, in the event of groundwater
			 contamination;
(f) Equipment
			 maintenance, particularly for leachate collection and treatment; and
(g) Other details as required by the
			 department.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-306 - Special incinerator ash management standards › Section 173-306-410 - General closure and post-closure requirements

Current through Register Vol. 24-14, July 15, 2024
(1) Applicability. The closure requirements
			 of subsections (2), (3), and (4) of this section apply to all disposal
			 facilities. The post-closure requirements of subsections (5), (6), and (7)
			 apply to monofills subject to WAC
			 173-306-440.
(2) Closure performance requirements. Each
			 owner and operator shall close the facility in a manner that:
(a) Minimizes the need for further
			 maintenance;
(b) Controls,
			 minimizes, or eliminates threats to human health and the environment from
			 post-closure escape of ash constituents, leachate, monofill gases, contaminated
			 rainfall or ash decomposition products to the ground or soil, groundwater,
			 surface water, and the atmosphere; and
(c) Prepares the facility for the
			 post-closure period.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-306 - Special incinerator ash management standards › Section 173-306-440 - Ash monofill facility standards

Current through Register Vol. 24-14, July 15, 2024
(1) Applicability. This section applies to
			 owners and operators of facilities that monofill special incinerator ash,
			 except as WAC
			 173-306-400 provides
			 otherwise.
(2) Minimum standards
			 for performance.
(a) Groundwater. Monofill
			 owners or operators may not contaminate underlying groundwater beyond the point
			 of compliance. Contamination and point of compliance are defined in WAC
			 173-306-100.
(b) Soil. Soils at the property boundary may
			 not exceed the following limits for cadmium due to the facility operations
			 based upon annual samples:
(i) The annual
			 increase in cadmium loading in the upper six inches of soil with a pH equal to
			 or greater than 6.5 may not exceed 0.5 kilograms per hectacre annually or a
			 total accumulation of 20 kilograms per hectacre; and
(ii) The annual increase in cadmium loading
			 in the upper six inches of soil with a pH less than 6.5 may not exceed a total
			 accumulation of 5.0 kilograms per hectacre.
(c) Air quality. Monofill owners or operators
			 may not cause a violation of an emission standard from any emission of
			 particulates, dusts or gases associated with the operation and/or
			 closure/post-closure of the landfill nor any ambient air quality standard at
			 the property boundary including the following ambient lead standard:
The level of lead and its compounds measured as elemental lead
				in suspended particulate matter measured during a twenty-four hour sample taken
				at the downwind facility boundary may not exceed 1.5 micrograms per cubic meter
				of air due to the facility's operation or the latest national ambient air
				quality standards. The sampling frequency will be monthly unless otherwise
				approved by the department.
(d) Surface waters. Monofill owners or
			 operators may not cause a violation of any receiving water quality standard or
			 violate chapter 90.48
			 RCW from discharges of surface runoff, leachate, or any other liquid associated
			 with a monofill.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-306 - Special incinerator ash management standards › Section 173-306-450 - Liner and final cap design and construction standards

Current through Register Vol. 24-14, July 15, 2024
(1) Applicability. This section applies to
			 owners or operators of facilities that monofill combined or separated special
			 incinerator ash, except as WAC
			 173-306-400 provides
			 otherwise.
(2) Liner design.
(a) Owners or operators who monofill combined
			 or separated fly ash and bottom ash shall comply with the requirements of
			 Design A, subsection (3) of this section.
(b) Owners or operators who demonstrate
			 ability to maintain the permeability requirements of Design B during an
			 eighteen-month demonstration period may seek approval to use Design B following
			 the demonstration period.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-306 - Special incinerator ash management standards › Section 173-306-470 - Financial assurance

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Applicability.
These standards apply to all new and expanded monofill
				facilities, and to existing monofill facilities that have not closed before or
				within twelve months after the effective date of this chapter.
(2) Cost estimate for closure.
(a) Each owner or operator shall prepare a
			 written closure cost estimate as part of the facility closure plan. The closure
			 cost estimate must be in current dollars and must represent the cost of closing
			 the facility in accordance with the closure requirements in WAC
			 173-306-410.
(i) The cost estimate must be based on a
			 reasonable cost estimate for completing design, purchase, construction, and
			 other activities as identified in the facility closure plan as required under
			 WAC 173-306-410;
(ii) The closure plan shall project intervals
			 for withdrawal of closure funds from the closure financial assurance instrument
			 to complete the activities identified in the approved closure plan;
(iii) The closure cost estimate may not be
			 reduced by allowance for salvage value of equipment, ash, or the resale value
			 of property or land.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-306 - Special incinerator ash management standards › Section 173-306-480 - Treatment (including solidification and stabilization) standards

Current through Register Vol. 24-14, July 15, 2024
(1) Applicability.
			 The standards of this section apply to treatment, as defined in WAC
			 173-306-100, of any special
			 incinerator ash subject to this chapter. These standards do not apply to the
			 manual or mechanical removal of ferrous metal from ash residues.
(2) Requirements. All owners and operators
			 shall design, construct, operate, maintain, and close treatment facilities so
			 as to:
(a) Meet the general facility standards
			 of WAC 173-306-405;
(b) Only treat special incinerator ash in
			 tanks, reaction vessels, furnaces (such as glass furnaces), containers, or
			 totally enclosed treatment facilities (such as pipelines). No treatment process
			 may be designed to occur in ash piles, surface impoundments, or land treatment
			 facilities;
(i) The department shall review
			 and approve tank and reaction vessel design. All tanks and reaction vessels
			 will be closed or otherwise designed to avoid emissions of dusts or vapors to
			 the atmosphere. Tanks and reaction vessels must be of sufficient thickness and
			 corrosion resistance to prevent rupture;
(ii) Totally enclosed treatment facilities
			 must be in good condition and of a design and construction to avoid rupture
			 under maximum operating conditions and must be capable of being inspected
			 periodically; and
(iii) Furnaces
			 must be in good condition structurally, designed and operated to accept only
			 special incinerator ash and capable of being inspected periodically. The
			 department may review and approve furnace design.
(c) Meet the performance standards of WAC
			 173-306-440(2).
			 The department shall specify the type and frequency of all sampling and
			 monitoring necessary to assure compliance.
(d) Assure that treatment of special
			 incinerator ash occurs under conditions spelled out in prototype, pilot plant
			 or full scale operation. The design must be approved by the department and the
			 department shall specify operating conditions.
(e) Control fugitive dust emissions in the
			 handling of special incinerator ash by:
(i)
			 Collecting and handling in enclosed buildings or the equivalent (e.g., covered
			 conveyors and transfer points); and
(ii) Adding moisture, dust suppressants, or
			 other methods as necessary.
(f) Comply with chapter 296-62 WAC, the
			 general occupational health standards.
(g) Assure that treated special incinerator
			 ash is disposed of according to this chapter or chapter 173-304 WAC, the
			 minimum functional standards for solid waste, if the residues are designated as
			 solid waste.
(h) Close the
			 treatment facility according to the requirements of WAC
			 173-306-410.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-306 - Special incinerator ash management standards › Section 173-306-490 - Ash utilization standards

Current through Register Vol. 24-14, July 15, 2024
(1) Applicability.
(a) These standards apply to persons who
			 utilize special incinerator ash including:
(i) Generators of special incinerator
			 ash;
(ii) Owners and operators of
			 disposal facilities; and
(iii)
			 Persons who neither generate nor dispose of special incinerator ash but are
			 involved in the reuse or utilization of special incinerator ash.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-306 - Special incinerator ash management standards › Section 173-306-495 - Other methods of ash disposal

Current through Register Vol. 24-14, July 15, 2024
(1) Applicability. This section applies to
			 other methods of ash disposal not specifically identified elsewhere in this
			 chapter, nor excluded from this chapter.
(2) Requirements. Owners and operators of
			 other methods of ash disposal shall:
(a)
			 Comply with the requirements in WAC
			 173-306-405;
(b) Obtain a permit under WAC
			 173-306-300 from the department,
			 by submitting an application containing information required in WAC
			 173-306-330, and other
			 information as may be required by the department including:
(i) Preliminary engineering reports and plans
			 and specifications; and
(ii) A
			 closure plan.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-306 - Special incinerator ash management standards › Section 173-306-500 - Monitoring and sampling methods

Current through Register Vol. 24-14, July 15, 2024
(1) Applicability. These requirements apply
			 to owners and operators of incinerators, energy recovery facilities, disposal
			 facilities, and management facilities who are required to perform ash sampling,
			 analyses and testing, groundwater and air quality monitoring under this
			 chapter.
(2) Groundwater monitoring
			 requirements.
(a) The groundwater monitoring
			 system:
(i) Must consist of at least one
			 background or up-gradient well and three down-gradient wells, installed at
			 appropriate locations and depths to yield groundwater samples from the
			 uppermost aquifer and all hydraulically connected aquifers below the active
			 portion of the facility.
(ii) Must
			 represent the quality of background water that has not been affected by leakage
			 from the active area; and
(iii)
			 Must represent the quality of groundwater passing the point of compliance.
			 Additional wells may be required by the department in complicated
			 hydrogeological settings or to define the extent of contamination
			 detected.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-306 - Special incinerator ash management standards › Section 173-306-900 - Variances

Current through Register Vol. 24-14, July 15, 2024
(1) Any person
			 applying for an ash disposal permit or who owns or operates an ash generation
			 or disposal facility may apply to the department for a variance from any
			 section of this chapter. The application must be accompanied by information
			 such as the department may require.
(2) The applicant shall provide usual and
			 reasonable public notification within the area that will be impacted, including
			 publication in the area's major general circulation newspaper and mailing
			 notices to surrounding property owners. Proof of compliance must be submitted
			 with the variance application.
(3)
			 The department shall give public notice of an application and allow a
			 thirty-day public comment period. Notice must be mailed to persons who have
			 written to the department asking to be notified of all variance requests and
			 shall indicate that a public hearing may be requested.
(4) In considering a variance request, the
			 department shall consider:
(a) The relative
			 interests of the applicant, other property owners likely to be affected by the
			 applicant's activity and the general public;
(b) If the ash handling practices or facility
			 location protect public health, worker health, safety or the environment to a
			 degree equal to or greater than the standard from which a variance is
			 requested;
(c) Whether compliance
			 with the rule from which the variance is sought would produce hardship without
			 equal or greater benefits to the public;
(d) Whether compliance with the rule will
			 require spreading of costs over a considerable time period; and
(e) Whether the timetable is for a period
			 that is sufficient to comply with this chapter.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-306 - Special incinerator ash management standards › Section 173-306-9901 - Maximum contaminant levels for groundwater

Current through Register Vol. 24-14, July 15, 2024
Maximum contaminant levels for groundwater are those specified
				in chapter 248-54 WAC, as the primary drinking water standards. Analytical
				methods for these contaminants may be found in the Code of Federal Regulations,
				 40 C.F.R. Part 141 . (These contaminant levels are to be considered interim
				levels for the purpose of regulating disposal facilities and must be used until
				the department establishes groundwater quality standards for all types of
				activities impacting groundwater.)
Statutory Authority:
				  Chapter
				  70.138 RCW. 00-19-018
				  (Order 00-17), § 173-306-9901, filed 9/8/00, effective 10/9/00; 90-10-047,
				  § 173-306-9901, filed 4/30/90, effective
				  5/31/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-307 - Pollution prevention plans › Section 173-307-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This chapter implements chapter 70.95C RCW, an act relating to
				hazardous waste reduction. The act encourages voluntary efforts to redesign
				industrial, commercial, production, and other processes to result in the
				reduction or elimination of hazardous waste by-products and to maximize the
				in-process reuse or reclamation of valuable spent material. The act establishes
				a legislative policy to encourage reduction in the use of hazardous substances
				and reduction in the generation of hazardous waste whenever economically and
				technically practicable. It also adopts, as a policy goal for Washington state,
				the reduction of hazardous waste generation through hazardous substance use
				reduction and waste reduction techniques by fifty percent by 1995. Some
				individual facilities may have the ability to reduce the use of hazardous
				materials and the generation of hazardous wastes by far more than fifty percent
				while others may not be able to reduce by as much as fifty percent. Therefore,
				the fifty percent reduction goal is not applied as a regulatory requirement.
				The plans provided for in this chapter are intended to achieve, for each
				facility, the greatest reduction economically and technically practicable. The
				intent of the department of ecology is to provide technical assistance, to the
				greatest extent possible, to those required to prepare facility plans. The
				purpose of this chapter is to establish the specific elements that must be
				included in the documents required of hazardous waste generators and hazardous
				substance users under the act. The rule also establishes completion dates and
				implements other requirements in the act. Copies of all rules or statutes cited
				in this chapter are available from Records Management, Department of Ecology,
				P.O. Box 47600, Olympia, Washington 98504-7600.
Statutory Authority: Chapter 70.95C RCW. 00-15-020 (Order
				  00-08), § 173-307-010, filed 7/11/00, effective 8/11/00; 91-20-131 (Order
				  91-35), § 173-307-010, filed 10/1/91, effective 11/1/91; 91-08-041 (Order
				  90-57), § 173-307-010, filed 4/1/91, effective
				  5/2/91.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-307 - Pollution prevention plans › Section 173-307-015 - Applicability

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 requirements of WAC
			 173-307-010 through
			 173-307-140 apply to all
			 hazardous substance users as defined in this chapter and to hazardous waste
			 generators who generate more than two thousand six hundred forty pounds of
			 hazardous waste per year, except for those facilities that are primarily
			 treatment, storage, and disposal facilities or recycling facilities. Used oil
			 to be rerefined or burned for energy or heat recovery may not be used in the
			 calculation of hazardous wastes generated for purposes of this rule, and is not
			 required to be addressed by plans prepared under this rule. For the purposes of
			 this section, neither hazardous waste reported on the dangerous waste annual
			 report as having been either recycled on-site or recycled for beneficial use
			 offsite, nor amounts of hazardous substances introduced into a process and
			 subsequently recycled for beneficial use may be used in the calculation of
			 hazardous waste generated. A facility may petition the director to exclude
			 hazardous wastes recycled for beneficial use even if they were not reported as
			 such on the dangerous waste annual report. Documentation from the hazardous
			 waste handling facility that the hazardous waste was recycled for beneficial
			 use must be submitted along with the petition.
(2) Except as noted in subsection (3) of this
			 section, each hazardous substance user and hazardous waste generator identified
			 above shall prepare one plan for each facility owned or operated.
(3) A person with multiple interrelated
			 facilities where a significant majority of the processes are substantially
			 similar, as defined in this chapter, may prepare a single plan covering one or
			 more of those facilities.
(a) To obtain
			 approval, a person desiring to submit a single plan under this provision shall
			 submit documentation to the director that a significant majority of the
			 processes at the facilities are substantially similar before developing a plan.
			 This documentation must be submitted by May 1 of the year before the plan due
			 date.
(b) If a single plan is being
			 prepared for two or more interrelated facilities with substantially similar
			 processes, the sum total of the hazardous waste generated and the hazardous
			 substances used by these facilities must be considered when applying any of the
			 thresholds and/or percentages required by this chapter.
(c) In instances where a person has
			 interrelated facilities without substantially similar processes, a single
			 document may be prepared, but it must contain separate detailed plans for each
			 facility.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-307 - Pollution prevention plans › Section 173-307-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
As used in this chapter, the following terms have the meanings
				indicated unless the context clearly requires otherwise.
(1) "Closed-loop recycling" means that the
			 entire process through completion of any reclamation is closed by being
			 entirely connected with pipes or other comparable enclosed means of conveyance.
			 Recycled materials are returned to the original process or processes.
(2) "Dangerous waste" means any discarded,
			 useless, unwanted, or abandoned nonradioactive substances including, but not
			 limited to, certain pesticides, or any residues or containers of those
			 substances which are disposed of in such a quantity or concentration that would
			 pose a substantial present or potential hazard to human health, wildlife, or
			 the environment because those wastes or constituents or combinations of those
			 wastes:
(a) Have short-lived, toxic
			 properties that may cause death, injury, or illness or have mutagenic,
			 teratogenic, or carcinogenic properties; or
(b) Are corrosive, explosive, flammable, or
			 may generate pressure through decomposition or other means.
Dangerous wastes specifically includes those wastes designated
				as extremely hazardous by rules adopted under
				chapter
				70.105 RCW.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-307 - Pollution prevention plans › Section 173-307-030 - Plan requirements

Current through Register Vol. 24-14, July 15, 2024
This section establishes the specific elements required to be
				included in a plan. The purpose of a plan is to require serious consideration
				of ways in which processes and procedures may be modified to reduce dependence
				upon hazardous substances and/or the generation of hazardous wastes. All plans
				must consider opportunities based on the following priorities: Hazardous
				substance use reduction and hazardous waste reduction, recycling, and
				treatment. The plans shall consist of the following parts:
(1) Part one. Part one shall include:
(a) A written policy expressing management
			 and corporate support for the plan and a commitment to implement planned
			 activities and achieve established goals.
(b) The plan scope and objectives.
(c) A description of the facility type, a
			 description of products made and/or services provided, and a statement or
			 listing of the current levels of production or service activity in units of
			 measure appropriate to the industry or activity;
(d) A general overview of the processes used
			 in production or service activities (a schematic drawing may be
			 included);
(e) A statement
			 providing, for the last calendar year, the total pounds of extremely hazardous
			 waste and total pounds of dangerous waste reported on Form 4, Dangerous Waste
			 Annual Report, and, if applicable, the total pounds of toxic releases reported
			 on Form R under SARA Title III, Section 313; and
(f) A description of current reduction,
			 recycling, and treatment activities and documentation of hazardous substance
			 use reduction and hazardous waste reduction efforts that were completed before
			 the first plan due date specified in WAC
			 173-307-050. Clearly separate the
			 explanations of reduction activities from recycling and other management
			 activities.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-307 - Pollution prevention plans › Section 173-307-050 - Due dates

Current through Register Vol. 24-14, July 15, 2024
Plans must be completed and executive summaries must be
				submitted in accordance with the following schedule:
(1) Hazardous waste generators who generated
			 more than fifty thousand pounds of hazardous waste in calendar year 1991 and
			 hazardous substance users who were required to report in 1991, by September 1,
			 1992;
(2) Hazardous waste
			 generators who generated between seven thousand and fifty thousand pounds of
			 hazardous waste in calendar year 1992 and hazardous substance users who were
			 required to report for the first time in 1992, by September 1, 1993;
(3) Hazardous waste generators who generated
			 between two thousand six hundred forty and seven thousand pounds of hazardous
			 waste in 1993 and hazardous substance users who were required to report for the
			 first time in 1993, by September 1, 1994;
(4) Hazardous waste generators who have not
			 been required to complete a plan on or before September 1, 1994, shall complete
			 a plan by September 1 of the year following the first year that they generate
			 more than two thousand six hundred forty pounds of hazardous waste;
			 and
(5) Hazardous substance users
			 who have not been required to complete a plan on or before September 1, 1994,
			 shall complete a plan by September 1 of the year following the first year that
			 they are required to report under Section 313 of Title III of the Superfund
			 Amendments and Reauthorization Act.
Statutory Authority: Chapter 70.95C RCW. 00-15-020 (Order
				  00-08), § 173-307-050, filed 7/11/00, effective 8/11/00; 91-08-041 (Order
				  90-57), § 173-307-050, filed 4/1/91, effective
				  5/2/91.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-307 - Pollution prevention plans › Section 173-307-060 - Plan availability

Current through Register Vol. 24-14, July 15, 2024
Plans developed under chapter 173-307 WAC must be kept at the
				facility and made available for review to authorized representatives of the
				department. The plan is not a public record under the public disclosure laws of
				the state of Washington contained in chapter 42.17 RCW, unless submitted in
				lieu of an executive summary as provided for in WAC
				173-307-040.
Statutory Authority: Chapter 70.95C RCW. 00-15-020 (Order
				  00-08), § 173-307-060, filed 7/11/00, effective 8/11/00; 91-20-131 (Order
				  91-35), § 173-307-060, filed 10/1/91, effective 11/1/91; 91-08-041 (Order
				  90-57), § 173-307-060, filed 4/1/91, effective
				  5/2/91.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-307 - Pollution prevention plans › Section 173-307-070 - Plan amendments and updates

Current through Register Vol. 24-14, July 15, 2024
(1) A plan must be kept reasonably current
			 and may be amended in response to changes in facility operations, substances
			 used, or wastes generated.
(a) Users or
			 generators shall notify the department of an amended plan and submit amendments
			 to their plan or executive summary, whichever was originally submitted,
			 including an identification of which sections have been amended. The
			 implementation schedule of the amended plan and/or new executive summary must
			 be within the original five-year timeline initiated by completion of the
			 original plan.
(b) Even if a plan
			 is amended, a five-year plan update will still be required five years from
			 completion of the first plan, or from the last five-year update.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-307 - Pollution prevention plans › Section 173-307-080 - Progress reports

Current through Register Vol. 24-14, July 15, 2024
Progress reports must be submitted to the department annually
				on September 1 after the due date of the plan. The purpose of the progress
				report is to provide information on quantities of hazardous waste and hazardous
				substances or products containing hazardous substances reduced in the prior
				twelve-month period.
(1) Progress
			 reports shall include a discussion of:
(a)
			 Performance goals. If numeric performance goals were listed in the plan,
			 progress toward achieving these goals must be discussed. If numeric performance
			 goals were not listed in the plan, progress made toward establishing numeric
			 goals and progress made toward achieving the goals as stated in the plan must
			 be discussed. This discussion shall include:
(i) A description of reduction, recycling,
			 and treatment opportunities that were implemented.
(ii) A description of the process or
			 processes impacted by each opportunity.
(iii) A description of the quantities, by
			 weight, of hazardous substances or products containing hazardous substances
			 reduced and hazardous waste reduced by each option. Estimation techniques, and
			 any assumptions used must be described. Quantities reduced must be displayed in
			 relation to changing production levels. The description shall also include a
			 statement of the level of production or service activity in relation to the
			 level of production or service activity stated in the plan at the time the plan
			 was prepared.
Note:
Factors not resulting in actual reductions, such as
							 new estimating techniques, delistings of substances or hazardous wastes, and
							 reclassifications of waste management techniques cannot be counted or claimed
							 as reductions.
(iv)
			 If measurement or estimation techniques are changed from the prior reports in
			 such a way that reductions are not additive for the five-year planning period,
			 a methodology for converting prior reported reductions must be described and
			 recalculations must be provided.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-307 - Pollution prevention plans › Section 173-307-090 - Review process

Current through Register Vol. 24-14, July 15, 2024
A user or generator required to prepare a plan shall permit the
				director to review the plan to determine its adequacy.
(1) The department may review a plan,
			 executive summary, or an annual progress report to determine whether the
			 document is adequate and shall base its determination solely on whether the
			 document is complete and prepared in accordance with the provisions of this
			 chapter and the requirements of chapter 70.95C RCW.
(2) If a hazardous substance user or
			 hazardous waste generator fails to complete an adequate plan, executive
			 summary, or annual progress report, the department shall notify the user or
			 generator of the inadequacy, identifying specific deficiencies. For the
			 purposes of this section, a deficiency may include failure to develop a plan,
			 failure to submit an executive summary, or failure to submit an annual progress
			 report. The department shall specify a reasonable time frame, of not less than
			 ninety days, within which the user or generator shall complete a modified plan,
			 executive summary, or annual progress report addressing the specified
			 deficiencies.
(3) If the department
			 determines that a modified plan, executive summary, or annual progress report
			 is inadequate, the department may, within its discretion, either require
			 further modification or enter an order under WAC
			 173-307-100.
Statutory Authority: Chapter 70.95C RCW. 00-15-020 (Order
				  00-08), § 173-307-090, filed 7/11/00, effective 8/11/00; 91-08-041 (Order
				  90-57), § 173-307-090, filed 4/1/91, effective
				  5/2/91.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-307 - Pollution prevention plans › Section 173-307-100 - Penalties

Current through Register Vol. 24-14, July 15, 2024
(1) If, after
			 having received a list of specified deficiencies from the department, a
			 hazardous substance user or hazardous waste generator required to prepare a
			 plan fails to complete modification of a plan, executive summary, or annual
			 progress report within the time period specified by the department, the
			 department may enter an order under
			 chapter
			 34.05 RCW finding the user
			 or generator not in compliance with the requirements of
			 RCW
			    70.95C.200. When the order is final, the
			 department shall notify the department of revenue to charge a penalty fee. The
			 penalty fee must be the greater of one thousand dollars or three times the
			 amount of the user's or generator's previous year's fee, in addition to the
			 current year's fee. If no fee was assessed the previous year, the penalty must
			 be the greater of one thousand dollars or three times the amount of the current
			 year's fee. The penalty assessed under this subsection must be collected each
			 year after the year for which the penalty was assessed until an adequate plan,
			 executive summary, or annual progress report is completed.
(2) If a hazardous substance user or
			 hazardous waste generator required to prepare a plan fails to complete an
			 adequate plan, executive summary, or annual progress report after the
			 department has levied against the user or generator the penalty provided for in
			 subsection (1) of this section, the user or generator must be required to pay a
			 surcharge to the department whenever the user or generator disposes of a
			 hazardous waste at any hazardous waste incinerator or hazardous waste landfill
			 facility located in Washington state, until the required document is completed
			 and determined to be adequate by the department. The surcharge must be equal to
			 three times the fee charged for disposal. The department shall furnish the
			 incinerator and landfill facilities in Washington state with a list of
			 Environmental Protection Agency/state identification numbers of the hazardous
			 waste generators that are not in compliance with the requirements of
			 RCW
			    70.95C.200.
Statutory Authority: Chapter 70.95C RCW. 00-15-020 (Order
				  00-08), § 173-307-100, filed 7/11/00, effective 8/11/00; 91-08-041 (Order
				  90-57), § 173-307-100, filed 4/1/91, effective
				  5/2/91.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-307 - Pollution prevention plans › Section 173-307-110 - Appeals

Current through Register Vol. 24-14, July 15, 2024
A user or generator may appeal a department order or a
				surcharge under
				RCW
				   70.95C.220 to the pollution control hearings
				board under chapter 43.21B RCW.
Statutory Authority: Chapter 70.95C RCW. 00-15-020 (Order
				  00-08), § 173-307-110, filed 7/11/00, effective 8/11/00; 91-08-041 (Order
				  90-57), § 173-307-110, filed 4/1/91, effective
				  5/2/91.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-307 - Pollution prevention plans › Section 173-307-120 - Exemptions

Current through Register Vol. 24-14, July 15, 2024
A person required to prepare a plan because of the quantity of
				hazardous waste generated may petition the director to be excused from this
				requirement. The person must demonstrate to the satisfaction of the director
				that the quantity of hazardous waste generated was due to unique circumstances
				not likely to be repeated and that the person is unlikely to generate
				sufficient hazardous waste to require a plan in the next five
				years.
Statutory Authority: Chapter 70.95C RCW. 91-08-041 (Order
				  90-57), § 173-307-120, filed 4/1/91, effective
				  5/2/91.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-307 - Pollution prevention plans › Section 173-307-130 - Public disclosure

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The department shall make available for public inspection any executive summary
			 or annual progress report submitted to the department. Any hazardous substance
			 user or hazardous waste generator required to prepare an executive summary or
			 annual progress report, who believes that disclosure of any information
			 contained in the executive summary or annual progress report may adversely
			 affect the competitive position of the user or generator, may request the
			 department under
			 RCW
			    43.21A.160 to delete from the public record
			 those portions of the executive summary or annual progress report that may
			 affect the user's or generator's competitive position. The department may not
			 disclose any information contained in an executive summary or annual progress
			 report pending a determination of whether the department will delete any
			 information contained in the report from the public record. This determination
			 will be made within sixty days following a request for public
			 inspection.
(2) Any ten persons
			 residing within ten miles of a hazardous substance user or hazardous waste
			 generator required to prepare a plan may file with the department a petition
			 requesting the department to examine a plan to determine its adequacy. The
			 department shall report its determination of adequacy to the petitioners and to
			 the user or generator within a reasonable time. The department may deny a
			 petition if the department has, within the previous year, determined the plan
			 of the user or generator named in the petition to be adequate.
Statutory Authority: Chapter 70.95C RCW. 00-15-020 (Order
				  00-08), § 173-307-130, filed 7/11/00, effective 8/11/00; 91-08-041 (Order
				  90-57), § 173-307-130, filed 4/1/91, effective
				  5/2/91.