Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-303 - Dangerous waste regulations › Section 173-303-810 - General permit conditions

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Purpose and applicability. This section sets forth the general permit
			 conditions that are applicable to all permits, except interim status permits
			 and permits by rule, to assure compliance with this chapter. If the conditions
			 of this section are incorporated in a permit by reference, a specific citation
			 to this section must be given in the permit.
(2) Duty to comply. The permittee must comply
			 with all conditions of his permit. Any permit noncompliance constitutes a
			 violation and is grounds for enforcement action; for permit termination,
			 revocation and reissuance, or modification; or for denial of a permit renewal
			 application. The permittee need not comply with the conditions of his permit to
			 the extent and for the duration such noncompliance is authorized in an
			 emergency permit.
(3) Duty to
			 reapply. If the permittee wishes to continue an activity regulated by the
			 permit after its expiration date, the permittee must apply for and obtain a new
			 permit.
(4) Duty to halt or reduce
			 activity. A permittee who has not complied with his permit, and who
			 subsequently is subject to enforcement actions, may not argue that it would
			 have been necessary to halt or reduce the permitted activities in order to
			 maintain compliance with the conditions of the permit.
(5) Duty to mitigate. The permittee must take
			 all steps required by the department to minimize or correct any adverse impact
			 on the environment resulting from noncom-pliance with the permit.
(6) Proper operation and maintenance. The
			 permittee must at all times properly operate and maintain all facilities and
			 systems of treatment and control which are installed or used by the permittee
			 to achieve compliance with the conditions of the permit. Proper operation and
			 maintenance includes effective performance, adequate funding, adequate operator
			 staffing and training, and adequate laboratory and process controls, including
			 appropriate quality assurance procedures. This provision requires the operation
			 of back-up or auxiliary facilities or similar systems only when necessary to
			 achieve compliance with the conditions of the permit.
(7) Permit actions. The permit may be
			 modified, revoked and reissued, or terminated for cause. The filing of a
			 request by the permittee for a permit modification, revocation and reissuance,
			 termination, notification of planned changes, or anticipated noncompliance,
			 does not stay any permit condition.
(8) Effect of a permit.
(a) Compliance with a final facility permit
			 during its term constitutes compliance for the purpose of enforcement with
			 chapter 173-303 WAC except for permit modifications and those requirements not
			 included in the permit that:
(i) Become
			 effective by statute;
(ii) Are
			 adopted under  40 C.F.R. Part 268  restricting the placement of dangerous waste
			 in or on the land;
(iii) Are
			 adopted under WAC
			 173-303-650
			 through
			 173-303-665 regarding
			 leak detection systems for new and replacement surface impoundment, waste pile,
			 and landfill units, and lateral expansions of surface impoundment, waste pile,
			 and landfill units. The leak detection system requirements include double
			 liners, CQA programs, monitoring, action leakage rates, and response action
			 plans, and will be implemented through the procedures of WAC
			 173-303-830 Class 
			 11 permit modifications; or
(iv) Are adopted under  40 C.F.R. Part 265, Subparts AA, BB, or CC which are incorporated by reference at WAC
			 173-303-400(3)(a) limiting air emissions.