Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-350 - Solid waste handling standards › Section 173-350-100 - Definitions

Current through Register Vol. 24-14, July 15, 2024
When used in this chapter, the following terms have the
				meanings given below.
"Active area"
means that portion of a facility
				where solid waste recycling, reuse, treatment, storage, or disposal operations
				are being, are proposed to be, or have been conducted. Setbacks must not be
				considered part of the active area of a facility.
"Active life"
means the period beginning with the
				initial receipt of solid waste and ending at completion of closure activities
				in accordance with a facility's permit requirements.
"Aerobic decomposition"
means decomposition of
				organic materials primarily by aerobic microbes under controlled
				conditions.
"Agricultural composting"
means composting of
				agricultural waste as an integral component of a system designed to improve
				soil health and recycle agricultural wastes. Agricultural composting is
				conducted on lands used for farming.
"Agricultural wastes"
means wastes from farms
				resulting from the raising or growing of plants and animals including, but not
				limited to, crop residue, livestock manure, animal bedding, and carcasses of
				dead animals.
"Agronomic rates"
means the application rate that
				will provide the amount of nitrogen or other critical nutrient required for
				optimal growth of vegetation, and that will not result in the violation of
				applicable standards or requirements for the protection of ground or surface
				water as established under chapter 90.48 RCW, Water pollution control, and
				related rules including chapter 173-200 WAC, Water quality standards for
				ground-waters of the state of Washington, and chapter 173-201A WAC, Water
				quality standards for surface waters of the state of Washington.
"Air quality standard"
means a standard set for
				maximum allowable contamination in ambient air as authorized in chapter 70.94
				RCW, Washington Clean Air Act.
"All-weather surface"
means a road surface over
				which emergency vehicles and typical passenger vehicles can pass in all types
				of weather.
"Anaerobic digester"
means a vessel that processes
				organic material into biogas and digestate through microbial decomposition
				under anaerobic (low oxygen) conditions.
"Asphaltic materials"
means material produced from
				a mixture of petroleum asphalt and mineral aggregate and used for the
				construction of roads, sidewalks and similar purposes. Roofing materials
				containing asphalt are not considered to be asphaltic materials.
"Below ground tank"
means a device meeting the
				definition of "tank" in this chapter where a portion of the tank wall is
				situated to any degree within the ground, thereby preventing visual inspection
				of that external surface of the tank that is in the ground.
"Beneficial use"
means the use of solid waste as
				an effective substitute for natural or commercial products, or as a soil
				amendment, in a manner that does not pose a threat to human health or the
				environment when approved in accordance with section WAC
				173-350-200
				or
				173-350-230 of
				this chapter. Use of solid waste as fill, or avoidance of processing or
				disposal cost alone, does not constitute beneficial use.
"Biofilter"
means a bed or layer of material that
				supports beneficial microorganisms, typically a mixture of compost and wood
				chips, designed to filter and treat air emissions. A biofilter adsorbs and then
				biologically degrades odorous compounds.
"Biosolids"
means municipal sewage sludge that is
				a primarily organic, semisolid product resulting from the wastewater treatment
				process, that can be beneficially recycled and meets all applicable
				requirements under chapter 173-308 WAC, Biosolids management. Biosolids
				includes a material derived from biosolids and septic tank sludge, also known
				as septage, that can be beneficially recycled and meets all applicable
				requirements under chapter 173-308 WAC, Biosolids management.
"Buffer"
means a permanently vegetated strip
				adjacent to a land application area, the purpose of which is to filter runoff
				or overspray from the application area and protect an adjacent area.
"Bulking agent"
means an ingredient used to
				improve structure and porosity, or to lower moisture content, primarily in
				composting. Bulking agents improve convective air flow and reduce settling and
				compaction. Bulking agents may include, but are not limited to, wood waste,
				straw, and other high-carbon materials.
"Cab card"
means a license carried in a vehicle
				that authorizes that vehicle's driver to legally pick up waste tires and haul
				to a permitted, licensed facility or an exempt facility for deposit.
"Captive insurance companies"
means companies that
				are wholly owned subsidiaries controlled by the parent company and established
				to insure the parent company or its other subsidiaries.
"Cementitious material"
means a material other
				than cured concrete containing Portland cement, fly ash, cement kiln dust,
				bottom ash, or other cement-like materials, used to add rigidity to soils
				during construction projects such as temporary retaining walls and shaft
				construction, or generated from construction or road maintenance projects.
				Cementi-tious materials include, but are not limited to, jet grout, controlled
				low strength material (CLSM), flowable fill, low density fill, k-crete,
				shotcrete, concrete washout, concrete road grindings, and dewatered drilling
				slurries containing cemen-titious materials.
"Channel migration zone"
means the lateral extent
				of likely movement of a stream or river channel along a stream reach.
"Clean dredged material"
means dredged material
				that does not contain contaminants from a release. It also includes dredged
				material that contains one or more contaminants from a release and when moved
				from one location to another for placement on or into the ground:
(a) Does not contain contaminants at concentrations that exceed
				a cleanup level under chapter 173-340 WAC, Model Toxics Control Act-Cleanup,
				that would be established for existing land use at the location where dredged
				material is placed; or
(b) Contains contaminants that affect pH, but pH of the dredged
				material is between 4.5 and 9.5 or within natural background pH limits that
				exist at the location where dredged material is placed.
"Clean soil"
means soil that does not contain
				contaminants from a release. It also includes soil that contains one or more
				contaminants from a release and when moved from one location to another for
				placement on or into the ground:
(a) Does not contain contaminants at concentrations that exceed
				a cleanup level under chapter 173-340 WAC, Model Toxics Control Act-Cleanup,
				that would be established for existing land use at the location where soil is
				placed; or
(b) Contains contaminants that affect pH, but pH of the soil is
				between 4.5 and 9.5 or within natural background pH limits that exist at the
				location where soil is placed.
Examples of potentially clean soil may include, but are not
				limited to, soil from undeveloped lands unlikely to have impacts from release
				of contaminants associated with area-wide or local industrial or historical
				activities. This includes similar soils over which development may have
				occurred but land use is unlikely to have led to a release, such as use for
				residential housing, or over which development provided protection from impacts
				from a release, such as coverage by pavement. Soil with substances from natural
				background conditions, as natural background is defined in WAC 173-350-100, is
				clean soil under this section.
"Closure"
means those actions taken by the owner
				or operator of a solid waste handling facility to cease disposal operations or
				other solid waste handling activities, to ensure that all facilities are closed
				in conformance with applicable regulations at the time of closure, and to
				prepare the site for the post-closure period if applicable.
"Closure plan"
means a written plan developed by
				an owner or operator of a facility detailing how a facility is to close at the
				end of its active life.
"Collection event"
means a one-time or recurrent
				designation of a site and areas within that site used by an operator to collect
				MRW from the public and to store the MRW for less than forty-eight
				hours.
"Commingled recyclable materials"
means a mixture
				of several types of recyclable materials in one load or container, such as
				aluminum cans, paper, plastic, and cardboard in one container, or wood,
				concrete, and metal in one load.
"Commodity"
means a material that meets widely
				recognized standards and specifications, such as those from ASTM International
				or the Institute of Scrap Recycling Industries, Inc., (for example,
				commodity-grade scrap metal) that is mutually interchangeable with other
				materials meeting the same specifications, and that has well-established
				markets.
"Composted material"
means organic solid waste
				that has undergone biological degradation and transformation under controlled
				conditions designed to promote aerobic decomposition at a solid waste facility
				in compliance with the requirements of this chapter. Composting is a form of
				organic material recycling. Natural decay of organic solid waste under
				uncontrolled conditions does not result in composted material.
"Composting"
means the biological degradation and
				transformation of organic solid waste under controlled conditions designed to
				promote aerobic decomposition. Natural decay of organic solid waste under
				uncontrolled conditions is not composting.
"Conditionally exempt small quantity generator
				(CESQG)"
means a dangerous waste generator whose dangerous wastes are
				conditionally exempt from regulation under chapter 70.105 RCW, Hazardous waste
				management, solely because the waste is generated or accumulated in quantities
				below the threshold for regulation and meets the conditions prescribed in WAC
				173-303-070(8)(b).
"Conditionally exempt small quantity generator (CESQG)
				waste"
means dangerous waste generated by a conditionally exempt small
				quantity generator.
"Container"
means a portable device used for the
				collection, storage, and/or transportation of solid waste including, but not
				limited to, reusable containers, disposable containers, and detachable
				containers.
"Contaminant"
means any chemical, physical,
				biological, or radiological substance that does not occur naturally in the
				environment or that occurs at concentrations greater than natural background
				levels.
"Contaminate"
means the release of solid waste,
				leach-ate, or gases emitted by solid waste, so that contaminants enter the
				environment at concentrations that pose a threat to human health or the
				environment, or cause a violation of any applicable environmental
				regulation.
"Contaminated dredged material"
means dredged
				material containing one or more contaminants from a release and when moved from
				one location to another for placement on or into the ground:
(a) Contains contaminants at concentrations that exceed a
				cleanup level under chapter 173-340, Model Toxics Control Act-Cleanup, that
				would be established for existing land use at the location where dredged
				material is placed; or
(b) Contains contaminants that affect pH, and pH of the dredged
				material is below 4.5 or above 9.5 or is not within natural background pH
				limits that exist at the location where dredged material is placed.
Contaminated dredged material is solid waste and must be
				managed at a solid waste handling facility in conformance with this chapter or
				chapter 173-351 WAC, Criteria for municipal solid waste landfills.
				Characterization of material may be required based on solid waste facility
				acceptance standards. An example of a potentially contaminated dredged material
				may include, but is not limited to, dredged material from surface waters
				containing contaminants from a release.
"Contaminated soil"
means soil containing one or
				more contaminants from a release and when moved from one location to another
				for placement on or into the ground:
(a) Contains contaminants at concentrations that exceed a
				cleanup level under chapter 173-340 WAC, Model Toxics Control Act-Cleanup, that
				would be established for existing land use at the location where soil is
				placed; or
(b) Contains contaminants that affect pH, and pH of the soil is
				below 4.5 or above 9.5 or is not within natural background pH limits that exist
				at the location where soil is placed.
Unless excluded in WAC
				173-350-020,
				contaminated soil is solid waste and must be managed at a solid waste handling
				facility in conformance with this chapter or chapter 173-351 WAC, Criteria for
				municipal solid waste landfills. Characterization of material may be required
				based on solid waste facility acceptance standards. Examples of potentially
				contaminated soil may include, but are not limited to, street waste, petroleum
				contaminated soil, engineered soil, and soil likely to have contaminants from a
				release associated with industrial or historical activities.
"Controlled conditions"
means the conditions in
				which facilities must be operated to meet the performance standards of WAC
				173-350-040
				and the applicable handling standards of this chapter. These may include, but
				are not limited to, controlling odors, run-on and runoff, moisture levels, pH
				levels, carbon to nitrogen ratios, temperatures, oxygen levels, particle sizes,
				and free air space.
"Corrosion expert"
means a person certified by the
				National Association of Corrosion Engineers (NACE) or a registered professional
				engineer who has certification or licensing that includes education and
				experience in corrosion control.
"Crop residues"
means vegetative material left
				over from farms from harvesting crops, including left over pieces or whole
				fruits or vegetables, crop leaves and stems, and unprocessed produce from
				storage facilities. Crop residue does not include food processing waste.
"Cured concrete"
means concrete which has been
				produced from design mixtures specified to produce a twenty-eight-day
				unconfined compressive strength of no less than twelve hundred pounds per
				square inch and allowed to harden. Off-specification concrete which does not
				achieve this minimum strength value may be evaluated for consideration as a
				cured concrete by the solid waste permitting agency on a case-by-case basis.
				Cured concrete may also contain embedded steel, wood, or plastic materials used
				in the reinforcement or tensioning of concrete structural elements. For the
				purposes of solid waste handling under this chapter, other cementitious
				materials are not considered to be cured concrete.
"Dangerous wastes"
means any solid waste
				designated as dangerous waste by the department under chapter 173-303 WAC,
				Dangerous waste regulations.
"De minimis"
means present in an amount as to have
				negligible effect on the look, characteristics, use, or impact to human health
				or the environment of a material. The presence of man-made materials such as,
				but not limited to, paper, plastic, metal, and demolition debris that can
				reasonably be removed or that may become a litter problem is not de
				mini-mis.
"Department"
means the Washington state department
				of ecology.
"Detachable containers"
means reusable containers
				that are mechanically loaded or handled, such as a dumpster or drop box.
"Digestate"
means both solid and liquid substances
				that remain following anaerobic digestion of organic material in an anaerobic
				digester.
"Disposable containers"
means containers that are
				used once to handle solid waste, such as plastic bags, cardboard boxes and
				paper bags.
"Disposal"
or
"deposition"
means the
				discharge, deposit, injection, dumping, leaking, or placing of any solid waste
				into or on any land or water.
"Domestic wastewater facility"
means all
				structures, equipment, or processes required to collect, carry away, treat,
				reclaim, or dispose of domestic wastewater together with industrial waste that
				may be present.
"Dredged material"
means material excavated or
				dredged from below the ordinary high water mark of surface water. Material
				removed from a stormwater management device such as, but not limited to, a
				catch basin, is not dredged material.
"Drop box facility"
means a facility used for the
				placement of a detachable container including the area adjacent for necessary
				entrance and exit roads, unloading and turn-around areas. Drop box facilities
				receive waste from off-site, require waste placement directly into a container
				and not a tip floor, and serve the general public.
"Energy recovery"
means a process operating under
				federal and state environmental laws and regulations for converting solid waste
				into usable energy and for reducing the volume of solid waste. The recovery of
				energy may include mass burning or refuse-derived fuel incineration, or other
				means of using the heat of combustion of solid waste that involves high
				temperature (above twelve hundred degrees Fahrenheit).
"Engineered soil"
means soil that has been altered
				by the addition of man-made materials used to adjust soil engineering
				properties for construction projects, such as to alter shear strength or
				hydraulic conductivity of soil. Engineered soil includes, but is not limited
				to, soil with cementitious materials. Cured concrete and asphalt are not
				engineered soil.
"Existing facility"
means a facility with one or
				more solid waste handling units in operation, or for which facility
				construction has begun, on or before the effective dates ( in this chapter
				associated with each solid waste handling unit, and the owner or operator has
				met terms and conditions for permit exemption or obtained permits or approvals
				necessary under federal, state and local statutes, regulations and
				ordinances.
"Facility"
means all contiguous land (including
				buffers and setbacks) and structures, other appurtenances, and improvements on
				the land used for solid waste handling.
"Facility construction"
means the continuous
				on-site physical act of constructing solid waste handling unit(s) or when the
				owner or operator of a facility has entered into contractual obligations for
				physical construction of the facility that cannot be canceled or modified
				without substantial financial loss.
"Facility structures"
means constructed
				infrastructure such as buildings, sheds, utility lines, and piping on the
				facility.
"Feedstock"
means a source separated waste
				material used as a component of composting, manufacturing, or as part of an
				industrial process.
"Food processing waste"
means a source-separated
				organic material that is generated by a food processing facility licensed to
				process food by the United States Department of Agriculture, the United States
				Food and Drug Administration, the Washington state department of agriculture,
				or other applicable regulatory agency. Food processing wastes may include, but
				are not limited to, sludge from food processing water treatment plants, culls,
				DAF (dissolved air flotation) from a food processing facility, pomace, and
				paunch manure, not intended for animal or human consumption.
"Garbage"
means putrescible solid wastes.
"Glass"
means a noncrystalline amorphous solid
				material of a chemical composition which is in the categories of soda-lime
				glass or borosilicate glass. This includes flat glass, container glass,
				tempered soda-lime glass, and glass-ceramics. Other noncrystalline amorphous
				solid materials, including lead glass, specialty glasses containing toxic
				constituents at concentrations greater than those typically found in soda-lime
				or borosilicate glasses, and soda-lime or borosilicate glass which has been
				tainted through exposure to chemical, physical, biological, or radiological
				substances are not considered to be glass for the purposes of this
				chapter.
"Groundwater"
means that part of the subsurface
				water that is in the zone of saturation.
"Holocene fault"
means a plane along which earthen
				material on one side has been displaced with respect to that on the other side
				and has occurred in the most recent epoch of the Quaternary period extending
				from the end of the Pleistocene to the present.
"Home composting"
means composting of on-site
				generated wastes, and incidental materials beneficial to the composting
				process, by the owner or person in control of a single-family residence, or for
				a dwelling that houses two to five families, such as a duplex or clustered
				dwellings.
"Household hazardous waste"
means any waste that
				exhibits any of the properties of dangerous wastes but is exempt from
				regulation under chapter 70.105 RCW, Hazardous waste management, solely because
				the waste is generated by households. Household hazardous waste can also
				include other solid waste identified in the local hazardous waste management
				plan prepared pursuant to chapter 70.105 RCW, Hazardous waste
				management.
"Hydrostratigraphic unit"
means any water-bearing
				geologic unit or units hydraulically connected or grouped together on the basis
				of similar hydraulic conductivity which can be reasonably monitored; several
				geologic formations or part of a geologic formation may be grouped into a
				single hydrostratigraphic unit; perched sand lenses may be considered a
				hydrostratigraphic unit or part of a hydrostratigraphic unit, for
				example.
"Incineration"
means a process of reducing the
				volume of solid wastes operating under federal and state environmental laws and
				regulations by use of an enclosed device using controlled flame
				combustion.
"Incompatible waste"
means a waste that is
				unsuitable for mixing with another waste or material because the mixture might
				produce excessive heat or pressure, fire or explosion, violent reaction, toxic
				dust, fumes, mists, or gases, or flammable fumes or gases.
"Indoor storage"
means a structure with a roof and
				walls that protect solid waste from precipitation.
"Industrial solid wastes"
means solid waste
				generated from manufacturing operations, food processing, or other industrial
				processes.
"Industrial wastewater facility"
means all
				structures, equipment, or processes required to collect, convey, treat,
				reclaim, or dispose of industrial wastewater.
"Inert waste"
means waste that is allowed to be
				received at an inert waste landfill as described in WAC
				173-350-410.
"Intermodal facility"
means any facility operated
				for the purpose of transporting closed containers of waste, when the containers
				are not opened for further treatment, processing or consolidation of the
				waste.
"Jurisdictional health department"
means city,
				county, city-county or district public health department.
"Land application site"
means an area or areas of
				land under the same ownership or operational control on which solid wastes are
				beneficially used through application at an agronomic rate, as a soil
				amendment, or for land reclamation.
"Land reclamation"
means using solid waste to
				restore disturbed lands including, but not limited to, construction sites and
				surface mines. Using solid waste as a component of fill is not land
				reclamation.
"Landfill"
means a disposal facility or part of a
				facility at which solid waste is permanently placed in or on land including
				facilities that use solid waste as a component of fill.
"Leachate"
means water or other liquid within a
				solid waste handling unit that has been in contact with solid waste or has been
				contaminated due to contact with landfill gas.
"Limited moderate risk waste"
means waste
				batteries, waste oil, and waste antifreeze generated from households.
"Limited moderate risk waste facility"
means a
				facility that collects, stores, and consolidates only limited moderate risk
				waste. Limited moderate risk waste facility does not include retailers and
				distributors operating as product take-back centers.
"Limited purpose landfill"
means a landfill that
				is not an inert waste landfill and receives or has received only solid wastes
				designated as nonhazardous and are not municipal solid wastes. Limited purpose
				landfills include, but are not limited to, landfills that receive or have
				received segregated industrial solid waste, construction, demolition and land
				clearing debris, wood waste, ash (other than special incinerator ash),
				contaminated soil and contaminated dredged material. Limited purpose landfills
				do not include inert waste landfills, municipal solid waste landfills regulated
				under chapter 173-351 WAC, Criteria for municipal solid waste landfills,
				landfills disposing of special incinerator ash regulated under chapter 173-306
				WAC, Special incinerator ash management standards, landfills regulated under
				chapter 173-303 WAC, Dangerous waste regulations, or chemical waste landfills
				used for the disposal of polychlorinated biphe-nyls (PCBs) regulated under
				 Title 40 C.F.R. Part 761, Poly-chlorinated Biphenyls (PCBs) Manufacturing,
				Processing, Distribution in Commerce, and Use Prohibitions.
"Liquid"
means a substance that flows readily and
				assumes the form of its container but retains its independent volume.
"Liquid waste"
means any solid waste deemed to
				contain free liquids as determined by the Paint Filter Liquids Test, Method
				9095, in "
Test Methods for Evaluating Solid Waste, Physical/Chemical
				Methods,
" EPA Publication SW-846.
"Lithified earth material"
means all rock,
				including all naturally occurring and naturally formed aggregates or masses of
				minerals or small particles of older rock that formed by crystallization of
				magma or by induration of loose sediments. This term does not include man-made
				materials, such as fill, concrete or asphalt, or unconsolidated earth
				materials, soil or regolith lying at or near the earth's surface.
"Local fire control agency"
means a public or
				private agency or corporation providing fire protection such as a local fire
				department, the department of natural resources or the United States Forest
				Service.
"Lower explosive limit"
means the lowest
				percentage by volume of a mixture of explosive gases that will propagate a
				flame in air at twenty-five degrees centigrade and atmospheric pressure.
"Manufactured organics"
means source separated
				solid wastes, such as nonplastic coated paper plates, cups, compostable bags,
				and other items designed to decompose through composting, anaerobic digestion,
				or through other organic materials recycling processes. Manufactured organ-ics
				do not include physical contaminants such as plastics and coated paper products
				that will not readily decompose under typical composting conditions, or wood
				derived fuel or wood waste as defined in this chapter.
"Manufactured topsoil"
means soil or dredged
				material mixed with materials that improve the quality of the soil or dredged
				material for establishing vegetation and/or for water quality treatment
				purposes. If used as fill, material is not manufactured topsoil. Manufactured
				topsoil containing solid waste such as, but not limited to, yard debris,
				laminate, plastic, or asphalt shingles, not otherwise excluded from this
				chapter, is subject to management under this chapter.
"Manure and bedding"
means manure (feces) and
				bedding from livestock and zoo animals including, but not limited to, horses,
				cows, chickens, sheep, and goats, and includes wash water from cleanup of such
				manure and bedding.
"Material recovery facility"
means any facility
				that receives, compacts, repackages, or sorts source separated solid waste for
				the purpose of recycling.
"Mobile systems "
means activities using a vehicle
				(such as a truck or trailer) to collect moderate risk waste from the public
				prior to transporting the material to an MRW facility, collection event, or
				permitted hazardous waste facility.
"Moderate risk waste (MRW)"
means solid waste that
				is limited to conditionally exempt small quantity generator (CESQG) waste and
				household hazardous waste (HHW) as defined in this chapter.
"MRW facility"
means a solid waste handling unit
				that is used to collect, treat, recycle, exchange, store, consolidate, and/or
				transfer moderate risk waste. This does not include mobile systems, collection
				events, limited MRW facilities, or product take-back centers that meet the
				applicable terms and conditions of WAC
				173-350-360(2).
"Municipal solid waste (MSW)"
means a subset of
				solid waste which includes unsegregated garbage, refuse and similar solid waste
				material discarded from residential, commercial, institutional and industrial
				sources and community activities, including residue after recyclables have been
				separated. Solid waste that has been segregated by source and characteristic
				may qualify for management as a non-MSW solid waste, at a facility designed and
				operated to address the waste's characteristics and potential environmental
				impacts. The term MSW does not include:
(a) Dangerous wastes other than wastes excluded from the
				requirements of chapter 173-303 WAC, Dangerous waste regulations, in WAC
				173-303-071
				such as household hazardous wastes;
(b) Any solid waste, including contaminated soil and debris,
				resulting from response action taken under section 104 or 106 of the
				Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42
				U.S.C. 9601), chapter 70.105D RCW, Hazardous
				waste cleanup-Model Toxics Control Act, chapter 173-340 WAC, Model Toxics
				Control Act-Cleanup, or a remedial action taken under those statutes and rules;
				nor
(c) Mixed or segregated recyclable material that has been
				source-separated from garbage, refuse and similar solid waste. The residual
				from source separated recyclables is MSW.
"Natural background"
means the concentration of
				chemical, physical, biological, or radiological substances consistently present
				in the environment that has not been influenced by regional or localized human
				activities. Metals at concentrations naturally occurring in bedrock, sediments
				and soils due solely to the geologic processes that formed the materials are
				natural background. In addition, low concentrations of other persistent
				substances due solely to the global use or formation of these substances are
				natural background.
"New solid waste handling unit"
means a solid
				waste handling unit that begins operation or construction after effective dates
				in this chapter associated with each solid waste handling unit, and an existing
				solid waste handling unit that begins significant modifications after the
				effective dates in this chapter associated with each solid waste handling
				unit.
"Nuisance odor"
means any odor which is offensive
				or may unreasonably interfere with any person's health, comfort, or enjoyment
				beyond the property boundary of a facility.
"On-farm"
means activities taking place on any
				agricultural land under the control of the same entity including parcels that
				are not geographically contiguous but managed by the same entity for
				agricultural production.
"On-farm vegetative waste"
means plant-based
				wastes produced on-farm from raising, growing, or processing plants and
				animals.
"One hundred-year flood plain"
means any land area
				that is subject to one percent or greater chance of flooding in any given year
				from any source.
"Open burning"
means the burning of solid waste
				materials in an open fire or an outdoor container without providing for the
				control of combustion or the control of emissions from the combustion.
"Organic feedstocks"
means source separated
				organic materials including bulking agents suitable for vermicom-posting,
				composting, anaerobic digestion, and other processes that transform organic
				materials into usable or marketable materials.
"Organic materials"
means any solid waste that is
				a biological substance of plant or animal origin capable of microbial
				degradation. Organic materials include, but are not limited to, manure, yard
				debris, food waste, food processing wastes, wood waste, and garden
				wastes.
"Other conversion technologies"
means processes
				that transform organic feedstocks into useable or marketable materials, but
				does not include composting, vermicompost-ing, or anaerobic digestion.
"Overburden"
means the earth, rock, soil, and
				topsoil that lie above mineral deposits.
"Permit"
means an authorization issued by the
				jurisdictional health department that allows a person to perform solid waste
				activities at a specific location and includes specific conditions for facility
				operations.
"Person"
means an individual, firm, association,
				copartnership, political subdivision, government agency, municipality,
				industry, public or private corporation, or any other entity whatsoever.
"Petroleum contaminated soil"
means soil that
				contains petroleum materials from a release more substantial than releases
				expected during routine operations of vehicles. Releases may include, but are
				not limited to, releases from leaking storage tanks or vehicular accidents.
				Petroleum materials include, but are not limited to, gasoline, diesel fuel, and
				fuel oil.
"Physical contaminants"
as they relate to incoming
				feedstocks and compost quality means inorganic and organic constituents that
				are not readily decomposed during the composting process including, but not
				limited to, plastics, glass, textiles, rubber, leather, metal, ceramics,
				polystyrene, and wood pieces containing paint, laminates, bonding agents or
				chemical preservatives such as creosote, pentachlorophenol, or
				copper-chrome-arsenate.
"Pile"
means the storage or treatment of any
				noncon-tainerized accumulation of solid waste.
"Plan of operation"
means the written plan
				developed by an owner or operator of a facility detailing how a facility is to
				be operated during its active life.
"Point of compliance"
means a location at which a
				monitored parameter can be measured and evaluated for compliance with
				established standards or permit conditions. For groundwater compliance
				monitoring, the point of compliance will be located as near to the downgradient
				edge of the solid waste handling activity as technically, hydrogeologically and
				geographically feasible. Other points of compliance in other media may be
				established by the solid waste permitting agency for solid waste handling
				facilities permitted under this chapter.
"Post-closure care"
means those actions taken by
				an owner or operator of a limited purpose landfill after closure, and until the
				landfill is determined by the solid waste permitting authority to be
				functionally stable.
"Post-closure plan"
means a written plan developed
				by an owner or operator of a facility detailing how a facility is to meet the
				post-closure requirements for the facility.
"Post-consumer food waste"
means source separated
				organic materials originally intended for human consumption including, but not
				limited to, vegetables, fruits, grains, meats and dairy products resulting from
				serving food. Post-consumer food waste is typically collected from cafeterias,
				homes, and restaurants.
"Preconsumer animal-based wastes"
means source
				separated organic materials from animals such as meat, fat, dairy, or eggs that
				are a result of food preparation for human consumption or are products that did
				not reach the intended consumer. Preconsumer animal-based wastes are typically
				collected from food processing facilities and grocery stores.
"Preconsumer vegetative waste"
means source
				separated organic materials from vegetables, such as pits, peels, and pomace
				from human food preparation, or vegetable products that did not reach the
				consumer. Preconsumer vegetative wastes are typically collected from food
				processing facilities and grocery stores.
"Premises"
means a tract or parcel of land with or
				without habitable buildings.
"Private facility"
means a privately owned
				facility maintained on private property solely for the purpose of managing
				waste generated by the entity owning the site.
"Processing"
means an operation to convert a
				material into a useful product or to prepare it for reuse, recycling, or
				disposal.
"Processing capacity"
means the amount of incoming
				materials in tons or cubic yards that a solid waste facility can process in a
				given amount of time, such as a calendar year. Processing capacity is
				identified by the conditions of exemption, the permit, or the plan of
				operations as approved by the jurisdictional health department or the
				department.
"Product take-back center"
means a retail outlet
				or distributor that accepts household hazardous waste of comparable types as
				the products offered for sale or distributed at that outlet.
"Public facility"
means a publicly or privately
				owned facility that accepts solid waste generated by other per-sons, or a
				publicly owned facility maintained on publicly owned property solely for the
				purpose of managing waste generated by the public entity owning the
				facility.
"Putrescible waste"
means solid waste which
				contains material capable of being readily decomposed by microorganisms and
				which is likely to produce offensive odors.
"Recyclable materials"
means those solid wastes
				that are separated for recycling or reuse, including, but not limited to,
				papers, metals, and glass, that are identified as recyclable material pursuant
				to a local comprehensive solid waste plan.
"Recycling"
means transforming or remanufacturing
				waste materials into usable or marketable materials for use other than landfill
				disposal or incineration. Recycling includes processing waste materials to
				produce tangible commodities.
"Release"
means any intentional or unintentional
				entry of a contaminant into the environment at more than de mini-mis amounts
				and includes, but is not limited to, spilling, leaking, pouring, emitting,
				emptying, discharging, adding, applying, amending, injecting, pumping,
				escaping, leaching, dumping, or disposing of any contaminant.
"Representative sample"
means a sample that can be
				expected to exhibit the average properties of the sample source.
"Reusable containers"
means containers that are
				used more than once to handle solid waste, such as garbage cans.
"Reuse"
means using an object or material again,
				either for its original purpose or for a similar purpose, without significantly
				altering the physical form of the object or material. Reuse is not solid waste
				handling, but separating materials from other solid wastes for reuse is solid
				waste handling. Use of solid waste as fill or alternative daily cover is not
				reuse.
"Runoff"
means any rainwater, leachate or other
				liquid that drains over land from any part of the facility.
"Run-on"
means any rainwater or other liquid that
				drains over land onto any part of a facility.
"Scavenging"
means the removal of materials at a
				facility, without the approval of the owner or operator and the jurisdictional
				health department.
"Seismic impact zone"
means an area with a ten
				percent or greater probability that the maximum horizontal acceleration in
				lithified earth material, expressed as a percentage of the earth's
				gravitational pull, will exceed 0.10g in two hundred fifty years.
"Septage"
or
"domestic septage"
means
				a liquid or solid material removed from septic tanks, cess pools, portable
				toilets, type III marine sanitation devices, vault toilets, pit toilets, RV
				holding tanks, or similar systems that receive only domestic sewage. Septage
				may also include commercial or industrial septage mixed with domestic septage
				if approved in accordance with the provisions in WAC
				173-308-020(3)(g).
"Setback"
means that part of a facility that lies
				between the active area and the property boundary.
"Sewage sludge"
means solid, semisolid, or liquid
				residue generated during the treatment of domestic sewage in a treatment works.
				Sewage sludge includes, but is not limited to, domestic septage; scum or solids
				removed in primary, secondary, or advanced wastewater treatment processes; and
				a material derived from sewage sludge. Sewage sludge does not include ash
				generated during the firing of sewage sludge in a sewage sludge incinerator or
				grit and screenings generated during preliminary treatment of domestic sewage
				in a treatment works.
"Site capacity"
means the maximum amount of all
				material that can be contained on-site at any one time. Site capacity is
				identified by the conditions of exemption, the permit, or the plan of
				operations as approved by the jurisdictional health department or the
				department. All materials include, but are not limited to, incoming waste,
				feedstocks, bulking agents, stockpiled wastes, active composting, curing piles,
				composted materials, and sorted recyclable materials on-site.
"Soil"
means material overlying bedrock consisting
				primarily of clay, silt, sand, or gravel size particles, and soil biota, that
				may contain de minimis amounts of other solid materials, such as incidental
				pieces of concrete or wood. Soil does not include dredged material. Cured
				concrete and asphalt are not soil.
"Soil amendment"
means any substance that is
				intended to improve the physical characteristics of soil, except composted
				material, commercial fertilizers, agricultural liming agents, unmanipulated
				animal manures, unma-nipulated vegetable manures, food wastes, food processing
				wastes, and materials exempted by rule of the department, such as biosolids as
				defined in chapter 70.95J RCW, Municipal sewage sludge-Biosolids, and
				wastewater, as regulated in chapter 90.48 RCW, Water pollution control.
"Solid waste," "waste materials,"
or
"wastes"
means all putrescible and nonputrescible solid and
				semisolid wastes including, but not limited to, garbage, rubbish, ashes,
				industrial wastes, swill, sewage sludge, demolition and construction wastes,
				abandoned vehicles or parts thereof, contaminated soils and contaminated
				dredged material, and recyclable materials. See WAC 173-350-021 to determine if
				a material is solid waste.
"Solid waste handling"
means the management,
				storage, collection, transportation, treatment, use, processing or final
				disposal of solid wastes, including the recovery and recycling of materials
				from solid wastes, the recovery of energy resources from wastes or the
				conversion of the energy in wastes to more useful forms or combinations
				thereof.
"Solid waste handling unit"
means discrete areas
				of land, sealed surfaces, liner systems, excavations, facility structures, or
				other appurtenances within a facility used for solid waste handling.
"Source separation"
means the separation of
				different kinds of solid waste at the place where the waste originates.
"Specified risk material"
means the skull, brain,
				tri-geminal ganglia (nerves attached to brain and close to the skull exterior),
				eyes, spinal cord, distal ileum (a part of the small intestine), and the dorsal
				root ganglia (nerves attached to the spinal cord and close to the vertebral
				column) of cattle aged thirty months or older.
"Storage"
means the holding of solid waste
				materials for a temporary period.
"Street waste"
means solid or dewatered materials
				collected from stormwater catch basins and similar stormwater treatment and
				conveyance structures, and materials collected during street and parking lot
				sweeping.
"Surface impoundment"
means a facility or part of
				a facility designed to contain an accumulation of liquids or sludges, and whose
				structural support is provided primarily by earthen materials. The term
				includes holding, storage, settling, and aeration pits, ponds, or lagoons, but
				does not include injection wells or infiltration basins.
"Surface water"
means all lakes, rivers, ponds,
				wetlands, streams, inland waters, salt waters and all other surface water and
				surface water courses within the jurisdiction of the state of
				Washington.
"Tank"
means a facility or part of a facility
				designed to contain an accumulation of liquids or sludges, and designed and
				constructed of materials with sufficient strength so that its walls can be
				self-supporting.
"Tip floor"
or
"tipping floor"
means
				the receiving area for incoming waste at a transfer station, material recovery
				facility, or recycling facility where vehicles unload waste materials prior to
				processing or consolidation for transport. A container into which waste is
				directly deposited, such as a drop box, is not a tipping floor.
"Transfer station"
means a facility that receives
				solid waste (e.g., municipal solid waste, contaminated soil, or other solid
				wastes) from off-site from persons or route collection vehicles for
				consolidation into transfer vehicles, vessels, or containers for transport to a
				solid waste handling facility.
"Treatment"
means the physical, chemical, or
				biological processing of solid waste to make solid wastes safer for storage or
				disposal, amenable for recycling or energy recovery, or reduced in
				volume.
"Twenty-five-year storm"
means a storm of
				twenty-four hours duration and of such an intensity that it has a four percent
				probability of being equaled or exceeded each year.
"Universal wastes"
means universal wastes as
				defined in chapter 173-303 WAC, Dangerous waste regulations. Universal wastes
				include, but may not be limited to, dangerous waste batteries,
				mercury-containing thermostats, and universal waste lamps generated by fully
				regulated dangerous waste generators or CESQGs.
"Unstable area"
means a location that is
				susceptible to forces capable of impairing the integrity of the facility's
				liners, monitoring system or structural components. Unstable areas can include
				poor foundation conditions and areas susceptible to mass movements.
"Vadose zone"
means that portion of a geologic
				formation in which soil pores contain some water, the pressure of that water is
				less than atmospheric pressure, and the formation occurs above the zone of
				saturation.
"Vector"
means a living animal including, but not
				limited to, insects, rodents, and birds, which is capable of transmitting an
				infectious disease from one organism to another.
"Vermicomposting"
means the controlled and managed
				process by which live worms convert organic residues into dark, fertile,
				granular excrement.
"Waste tires"
means any tires that are no longer
				suitable for their original intended purpose because of wear, damage or defect.
				Waste tires include tires originally intended for use on public highways that
				are considered unsafe for this use in accordance with
				RCW
				   46.37.425. Waste tires also include
				quantities of used tires that may be suitable for their original intended
				purpose when mixed with tires not suitable for their original intended
				purpose.
"Wetlands"
means those areas that are inundated or
				saturated by surface or groundwater at a frequency and duration sufficient to
				support, and under normal circumstances do support, a prevalence of vegetation
				typically adapted for life in saturated soil conditions. Wetlands generally
				include swamps, marshes, bogs, and similar areas.
"Wood derived fuel"
means wood pieces or particles
				used as a fuel for energy recovery, which contain paint, bonding agents, or
				creosote. Wood derived fuel does not include wood pieces or particles coated
				with paint that contains lead or mercury, or wood treated with other chemical
				preservatives such as pentachlorophenol, copper naphthenate, or
				cop-per-chrome-arsenate.
"Wood waste"
means wood pieces or particles
				determined to be solid waste per WAC 173-350-021 generated from construction,
				demolition, handling and storage of raw materials, trees, stumps, and
				manufacturing of wood products. This may include, but is not limited to,
				sawdust, chips, shavings, bark, pulp, and log sort yard waste, but does not
				include wood pieces or particles containing paint, laminates, bonding agents,
				or chemical preservatives such as creosote, pentachlorophenol, or
				copper-chrome-arsenate.
"Yard debris"
means plant material commonly
				created in the course of maintaining yards and gardens and through
				horticulture, gardening, landscaping or similar activities. Yard debris
				includes, but is not limited to, grass clippings, leaves, branches, brush,
				weeds, flowers, roots, windfall fruit, and vegetable garden debris.
"Zone of saturation"
means that part of a geologic
				formation in which soil pores are filled with water and the pressure of that
				water is equal to or greater than atmospheric pressure.
Statutory Authority:
				  RCW
				     70.95.020(3),
				  70.95.060(1),
				  70.95.260(6),
				  70.95.305,
				  70.95.330. 13-08-016 (Order
				  10-06), § 173-350-100, filed 3/25/13, effective 4/25/13. Statutory
				  Authority:
				  Chapter
				  70.95 RCW. 05-11-033
				  (Order 04-12), § 173-350-100, filed 5/10/05, effective 6/10/05; 03-03-043
				  (Order 99-24), § 173-350-100, filed 1/10/03, effective
				  2/10/03.