reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-300 - Certification of operators of solid waste incinerator and landfill facilities › Section 173-300-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Ash" means the
			 residue and includes any air pollution flue dusts from combustion or
			 incineration of material including solid wastes.
Note:
Please see definition for "special incinerator
							 ash."
(2)
			 "Biomedical waste" means solid waste of the following types:
(a) "Animal waste," which includes waste
			 animal carcasses, body parts, and bedding of animals that were known to have
			 been deliberately infected or inoculated with human pathogenic microorganisms
			 during research.
(b) "Liquid human
			 body fluids" means waste that includes waste liquid emanating or derived from
			 humans including but not limited to human blood and blood products, serum and
			 plasma, sputum, drainage secretions, cerebrospinal fluid, synovial fluid,
			 pleural fluid, peritoneal fluid, pericardial fluid and amniotic fluid that
			 exceeds fifty milliliters per container, storage vessel, or plastic bag and
			 cannot be and has not been directly discarded into a sanitary sewage
			 system.
(c) "Cultures and stocks"
			 means waste that includes waste cultures and stocks of microbiological agents
			 infectious to humans, human serums and discarded live and attenuated vaccines
			 infectious to humans, human blood specimens, and laboratory wastes that are
			 contaminated with these agents or specimens.
(d) "Biosafety level 4 disease waste," which
			 includes wastes contaminated with blood, excretions, exudates, or secretions
			 from humans or animals who are isolated to protect others from highly
			 communicable infectious diseases that are identified as viruses assigned to
			 Biosafety Level 4 by the Centers for Disease Control, National Institute of
			 Health, Biosafety in Microbiological and Biomedical Laboratories, 2nd Edition,
			 1988. These viruses include, but are not limited to, Congo-Crimean hemorrhagic
			 fever, tick-borne encephalitis virus complex (Absettarov, Hanzalova, Hypr,
			 Kumlinge, Kyasanur Forest disease, Omsk hemorrhagic fever, and Russian
			 spring-summer encephalitis), Marburg, Ebola, Junin, Lassa, and
			 Machupo.
(e) "Pathological waste,"
			 which includes waste human source biopsy materials, tissues, and anatomical
			 parts that emanate from surgery, obstetrical procedures, autopsy, and
			 laboratory procedures. "Pathological waste" does not include teeth or
			 formaldehyde or other preservative agents, human corpses, remains, and
			 anatomical parts that are intended for interment or cremation.
(f) "Sharps waste," which includes waste
			 hypodermic needles, syringes, IV tubing with needles attached, scalpel blades,
			 and lancets that have been used in animal or human patient care or treatment in
			 medical research.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-300 - Certification of operators of solid waste incinerator and landfill facilities › Section 173-300-030 - Duties of the board of advisors

Current through Register Vol. 24-14, July 15, 2024
(1) The state's solid waste advisory
			 committee may establish a standing committee or act as a committee of the whole
			 to serve as a board of advisors created under RCW 70.95D.050.
Duties of the board of advisors may include:
(a) Act as an advisory committee to the
			 department and shall assist the department with review of the rules adopted
			 under this chapter.
(b) Assist in
			 the development and evaluation of the training and testing material required
			 for certification.
(c) Hold
			 hearings and make recommendations to the director on matters of revocation of
			 certification.
(d) Encourage
			 operating personnel other than those required to be certified under chapter
			 70.95D RCW to become certified on a voluntary basis.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-300 - Certification of operators of solid waste incinerator and landfill facilities › Section 173-300-040 - Board of advisors - Staff services and facilities

Current through Register Vol. 24-14, July 15, 2024
The department shall furnish necessary staff services and
				facilities required by the board of advisors.
Statutory Authority: Chapter 70.95D RCW and
				  RCW
				  70.95.710. 91-01-093, § 173-300-040,
				  filed 12/18/90, effective 1/1/91.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-300 - Certification of operators of solid waste incinerator and landfill facilities › Section 173-300-050 - Operator certification required at incineration facilities

Current through Register Vol. 24-14, July 15, 2024
(1) It is unlawful
			 to operate a solid waste incineration facility without a certified operator in
			 responsible charge on-site during all hours of operation.
(2) All other operational employees are to be
			 encouraged to become certified on a voluntary basis.
Statutory Authority:
				  Chapter
				  70.95 RCW. 06-14-024
				  (Order 05-13), § 173-300-050, filed 6/26/06, effective 7/27/06. Statutory
				  Authority: 1989 c 431. 00-19-017 (Order 00-16), § 173-300-050, filed
				  9/8/00, effective 10/9/00. Statutory Authority: Chapter 70.95D RCW and
				  RCW
				     70.95.710. 91-01-093, § 173-300-050,
				  filed 12/18/90, effective 1/1/91.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-300 - Certification of operators of solid waste incinerator and landfill facilities › Section 173-300-060 - Operator certification required at landfill facilities

Current through Register Vol. 24-14, July 15, 2024
(1) It is unlawful to operate the following
			 types of landfills without an on-site certified landfill operator in
			 responsible charge during all hours of operation when accepting waste, and
			 during the closure phase of the facility. The operator's specific role in the
			 closure phase must be specified in the closure plan. However, the certified
			 operator may be away from the facility on official business or personal
			 emergencies for periods of one day or less if they are on-call and available to
			 respond in case of an emergency at the facility.
(a) All municipal waste landfills.
(b) All problem waste landfills. NOTE:
			 Problem waste landfills are presently reserved per chapter 173-350 WAC and WAC
			 173-304-463.
(c) All special incinerator ash landfills or
			 monofills. NOTE: In a case where a monofill is a separate cell at a municipal
			 waste landfill, the responsible operator in charge of the complete facility may
			 assume responsibility of the operation of the monofills.
(d) All inert waste and demolition waste
			 landfills.
(e) All limited purpose
			 solid waste landfills.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-300 - Certification of operators of solid waste incinerator and landfill facilities › Section 173-300-070 - Certification of inspectors

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Any person who is employed by a public agency to inspect the operation of a
			 landfill or incinerator described under this chapter to determine the
			 compliance of the facility with state or local laws or rules shall receive, in
			 addition to the successful completion of the training and examination process
			 as an operator under this chapter, training relevant to the inspection
			 procedure.
(2) Inspectors are
			 exempt from certification fees administered by the department.
Statutory Authority:
				  Chapter
				  70.95 RCW. 06-14-024
				  (Order 05-13), § 173-300-070, filed 6/26/06, effective 7/27/06. Statutory
				  Authority: 1989 c 431. 00-19-017 (Order 00-16), § 173-300-070, filed
				  9/8/00, effective 10/9/00. Statutory Authority: Chapter 70.95D RCW. 91-12-040
				  (Order 91-30), § 173-300-070, filed 6/4/91, effective 7/5/91. Statutory
				  Authority: Chapter 70.95D RCW and
				  RCW
				     70.95.710. 91-01-093, § 173-300-070,
				  filed 12/18/90, effective 1/1/91.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-300 - Certification of operators of solid waste incinerator and landfill facilities › Section 173-300-075 - Contracting for certification

Current through Register Vol. 24-14, July 15, 2024
Notwithstanding any provision of this chapter, the department
				may enter into contracts with any individual, firm, association, or corporation
				to conduct certification, training, testing, and recertification under this
				chapter. Provided, that such individual, firm, association or corporation, and
				the certification, training, testing and recertification conducted under such
				contract, comply with chapter 70.95D RCW and this chapter, and any other
				applicable state or federal laws.
Statutory Authority:
				  Chapter
				  70.95 RCW. 06-14-024
				  (Order 05-13), § 173-300-075, filed 6/26/06, effective
				  7/27/06.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-300 - Certification of operators of solid waste incinerator and landfill facilities › Section 173-300-080 - Applications and certification requirements

Current through Register Vol. 24-14, July 15, 2024
(1) An application for incineration, landfill
			 operator, or inspector certification must be filed with the department or its
			 designee. The department or its designee shall make application forms available
			 upon request.
(2) Upon receipt of
			 the completed application and application fee, the department or its designee
			 shall determine:
(a) If the applicant has
			 successfully completed the required training and examinations;
(b) The status of a reciprocal certification;
			 and
(c) That the facility at which
			 the applicant is employed is in compliance with local and state laws or
			 rules.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-300 - Certification of operators of solid waste incinerator and landfill facilities › Section 173-300-090 - Training and examinations

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The department or its designee shall prepare or cause to be prepared
			 educational materials and opportunities to fulfill requirements of WAC
			 173-300-080(2) to help develop the skills necessary to operate a solid waste incinerator or
			 solid waste landfill according to state and federal laws.
(2) All examinations must be graded by the
			 department or the department's designee and the applicant must be notified by
			 mail of the score attained. Examinations may not be returned to the
			 applicant.
(3) An applicant who
			 fails to pass an examination must be reexamined at the next scheduled
			 examination. An additional application form and examination fee is required. No
			 individual will be allowed to retake the same examination.
(4) An applicant who fails to pass a second
			 examination is required to repeat the certification training.
Statutory Authority:
				  Chapter
				  70.95 RCW. 06-14-024
				  (Order 05-13), § 173-300-090, filed 6/26/06, effective 7/27/06. Statutory
				  Authority: 1989 c 431. 00-19-017 (Order 00-16), § 173-300-090, filed
				  9/8/00, effective 10/9/00. Statutory Authority: Chapter 70.95D RCW and
				  RCW
				     70.95.710. 91-01-093, § 173-300-090,
				  filed 12/18/90, effective 1/1/91.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-300 - Certification of operators of solid waste incinerator and landfill facilities › Section 173-300-100 - Certificate term

Current through Register Vol. 24-14, July 15, 2024
Except as provided for in WAC
				173-300-080(4),
				the term for any certificate or renewal thereof is three years from the date of
				issuance.
Statutory Authority:
				  Chapter
				  70.95 RCW. 06-14-024
				  (Order 05-13), § 173-300-100, filed 6/26/06, effective 7/27/06. Statutory
				  Authority: 1989 c 431. 00-19-017 (Order 00-16), § 173-300-100, filed
				  9/8/00, effective 10/9/00. Statutory Authority: Chapter 70.95D RCW and
				  RCW
				     70.95.710. 91-01-093, § 173-300-100,
				  filed 12/18/90, effective 1/1/91.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-300 - Certification of operators of solid waste incinerator and landfill facilities › Section 173-300-110 - Renewal of certificate

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Except as provided in WAC
			 173-300-080(4),
			 all certificates held by incinerator operators, landfill operators, and
			 inspectors are renewable upon presentation of evidence that the certificate
			 holder successfully completed renewal requirements.
(2) The department or its designee shall mail
			 renewal notices and refresher course information to all certificate holders
			 eligible for renewal four months before the date the certificate
			 expires.
Statutory Authority:
				  Chapter
				  70.95 RCW. 06-14-024
				  (Order 05-13), § 173-300-110, filed 6/26/06, effective 7/27/06. Statutory
				  Authority: 1989 c 431. 00-19-017 (Order 00-16), § 173-300-110, filed
				  9/8/00, effective 10/9/00. Statutory Authority: Chapter 70.95D RCW and
				  RCW
				     70.95.710. 91-01-093, § 173-300-110,
				  filed 12/18/90, effective 1/1/91.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-300 - Certification of operators of solid waste incinerator and landfill facilities › Section 173-300-120 - Fees

Current through Register Vol. 24-14, July 15, 2024
(1) For
			 examinations, certifications, or renewals administered by the department:
(a) A fee of $50.00 for each examination
			 administered by the department shall accompany the application for
			 examination.
(b) After an applicant
			 successfully completes the examination and is notified by the department of the
			 results, the applicant shall pay a certification fee of $200.00 to the
			 department within thirty days of the date of the results
			 notification.
(c) A $200.00 renewal
			 fee must accompany an application for certificate renewal.
(d) A fee of $50.00 is required to apply for
			 consideration of certification through reciprocity under WAC
			 173-300-140. After determining
			 that the reciprocal criteria has been met, the department will notify the
			 applicant:
(i) That the applicant is
			 deficient in a required area, and the process to correct the deficiency;
			 or
(ii) That the applicant has
			 successfully completed all requirements for certification and that the
			 applicant must pay a certification fee of $200.00 to the department within
			 thirty days of the date of notification.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-300 - Certification of operators of solid waste incinerator and landfill facilities › Section 173-300-130 - Revocation

Current through Register Vol. 24-14, July 15, 2024
(1) When a
			 certificate is not renewed, the certificate, upon notice by the director or its
			 designee, must be suspended for sixty days.
(a) If renewal of the certificate is not
			 completed during the suspension period, the director or its designee shall mail
			 a written notice of revocation by certified mail to the certificate holder's
			 employer as last known by the department and to the certificate holder at the
			 address last known by the department.
(b) If, during the revocation notice period,
			 the certificate is not renewed, the certificate must be revoked ten days after
			 the notice is mailed.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-300 - Certification of operators of solid waste incinerator and landfill facilities › Section 173-300-140 - Reciprocity

Current through Register Vol. 24-14, July 15, 2024
The director may, with the approval of the board of advisors,
				waive examinations for applicants who hold valid incinerator or landfill
				operators certificates, or inspector certificates issued by other states, a
				province, the federal government, or a professional association that has
				comparable standards as determined by the board.
(1) Applications for reciprocity will be
			 considered when:
(a) The training received by
			 the applicant is comparable to training offered by the state of Washington. A
			 detailed syllabus outlining all relevant training must be released by the
			 appropriate training facility for review and approval by the board. Those
			 applicants with deficiencies shall resolve the deficiencies before
			 certification is granted. Applicants must contact the department within one
			 year of application;
(b) The
			 department receives written confirmation from the certifying authority of the
			 state, province, the federal government, or professional association in which
			 the applicant is certified, that the certificate is currently valid and was
			 earned by passing a written examination. A copy of the exam passed by the
			 applicant must also be released for review by the board; and
(c) The application fee is
			 received.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-300 - Certification of operators of solid waste incinerator and landfill facilities › Section 173-300-150 - Unlawful acts - Variance from requirements

Current through Register Vol. 24-14, July 15, 2024
It is unlawful for any person, firm, corporation, municipal
				corporation, or other governmental subdivision or agency to operate a solid
				waste incineration or landfill facility unless an operator in responsible
				charge is duly certified by the director under this chapter or any lawful rule
				or order of the department. The department shall allow the owner or operator of
				a landfill or solid waste incineration facility to request a variance from this
				requirement under emergency conditions. Emergency conditions may include but
				are not limited to unexpected health related problems that incapacitate the
				operator or an unexpected termination of employment of the operator. The
				department may impose conditions that may be necessary to protect human health
				and the environment during the term of the variance.
Statutory Authority:
				  Chapter
				  70.95 RCW. 06-14-024
				  (Order 05-13), § 173-300-150, filed 6/26/06, effective 7/27/06. Statutory
				  Authority: 1989 c 431. 00-19-017 (Order 00-16), § 173-300-150, filed
				  9/8/00, effective 10/9/00. Statutory Authority: Chapter 70.95D RCW and
				  RCW
				     70.95.710. 91-01-093, § 173-300-150,
				  filed 12/18/90, effective 1/1/91.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-300 - Certification of operators of solid waste incinerator and landfill facilities › Section 173-300-160 - Penalties

Current through Register Vol. 24-14, July 15, 2024
Any person, including any firm, corporation, municipal
				corporation, or other governmental subdivision or agency, with the exception of
				incinerator operators, who violates any provision of this chapter, is guilty of
				a misdemeanor. Incinerator operators who violate any provision of this chapter
				are guilty of a gross misdemeanor. Each day of operation in violation of this
				chapter shall constitute a separate offense. The prosecuting attorney or the
				attorney general, as appropriate, shall secure injunctions of continuing
				violations of any provisions of this chapter.
Statutory Authority: 1989 c 431. 00-19-017 (Order 00-16),
				  § 173-300-160, filed 9/8/00, effective 10/9/00. Statutory Authority:
				  Chapter 70.95D RCW and
				  RCW
				     70.95.710. 91-01-093, § 173-300-160,
				  filed 12/18/90, effective 1/1/91.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-300 - Certification of operators of solid waste incinerator and landfill facilities › Section 173-300-170 - Appeals

Current through Register Vol. 24-14, July 15, 2024
Decisions of the director under this chapter may be appealed
				within thirty days from the date of notice thereof to the pollution control
				hearings board under chapter 43.21B RCW and chapter 370-08
				WAC.
Statutory Authority: 1989 c 431. 00-19-017 (Order 00-16),
				  § 173-300-170, filed 9/8/00, effective 10/9/00. Statutory Authority:
				  Chapter 70.95D RCW and
				  RCW
				     70.95.710. 91-01-093, § 173-300-170,
				  filed 12/18/90, effective 1/1/91.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-300 - Certification of operators of solid waste incinerator and landfill facilities › Section 173-300-180 - Incineration of biomedical or medical waste

Current through Register Vol. 24-14, July 15, 2024
Incineration of biomedical, treated or untreated medical waste
				must be conducted under sufficient burning conditions to reduce all combustible
				material to a form so that no portion of the combustible material is visible in
				its uncombusted state.
Statutory Authority: 1989 c 431. 00-19-017 (Order 00-16),
				  § 173-300-180, filed 9/8/00, effective 10/9/00. Statutory Authority:
				  Chapter 70.95D RCW and
				  RCW
				     70.95.710. 91-01-093, § 173-300-180,
				  filed 12/18/90, effective 1/1/91.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-303 - Dangerous waste regulations › Section 173-303-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This regulation implements chapter 70.105 RCW, the Hazardous
				Waste Management Act as amended, and implements, in part, chapters 70.95E,
				70.105D, and 15.54 RCW, and Subtitle C of Public Law 94-580, the Resource
				Conservation and Recovery Act of 1976, which the legislature has empowered the
				department to implement. The purposes of this regulation are to:
(1) Designate those solid wastes which are
			 dangerous or extremely hazardous to the public health and environment;
Note:
The terms public health and human health are used in
							 this chapter interchangeably.
(2)
			 Provide for surveillance and monitoring of dangerous and extremely hazardous
			 wastes until they are detoxified, reclaimed, neutralized, or disposed of
			 safely;
(3) Provide the form and
			 rules necessary to establish a system for manifesting, tracking, reporting,
			 monitoring, recordkeeping, sampling, and labeling dangerous and extremely
			 hazardous wastes;
(4) Establish the
			 siting, design, operation, closure, post-closure, financial, and monitoring
			 requirements for dangerous and extremely hazardous waste transfer, treatment,
			 storage, and disposal facilities;
(5) Establish design, operation, and
			 monitoring requirements for managing the state's extremely hazardous waste
			 disposal facility;
(6) Establish
			 and administer a program for permitting dangerous and extremely hazardous waste
			 management facilities; and
(7)
			 Encourage recycling, reuse, reclamation, and recovery to the maximum extent
			 possible.
Statutory Authority:
				  Chapters
				  70.105,
				  70.105D, and
				  15.54 RCW and
				  RCW
				     70.105.007. 04-24-065 (Order 03-10), §
				  173-303-010, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), §
				  173-303-010, filed 5/10/00, effective 6/10/00. Statutory Authority:
				  Chapter
				  70.105 RCW. 86-12-057
				  (Order DE-85-10), § 173-303-010, filed 6/3/86; 84-09-088 (Order DE 83-36),
				  § 173-303-010, filed 4/18/84. Statutory Authority:
				  Chapter
				  70.105 RCW and
				  RCW
				     70.95.260. 82-05-023 (Order DE 81-33), §
				  173-303-010, filed 2/10/82. Formerly WAC
				  173-302-010.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-303 - Dangerous waste regulations › Section 173-303-016 - Identifying solid waste

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Purpose and applicability.
(a) The purpose of
			 this section is to identify those materials that are and are not solid
			 wastes.
(b)
(i) The definition of solid waste contained
			 in this section applies only to wastes that also are dangerous for purposes of
			 the regulations implementing chapter 70.105 RCW. For example, it does not apply
			 to materials (such as nondangerous scrap, paper, textiles, or rubber) that are
			 not otherwise dangerous wastes and that are recycled.
(ii) This section identifies only some of the
			 materials which are solid wastes and dangerous wastes under chapter 70.105 RCW.
			 A material which is not defined as a solid waste in this section, or is not a
			 dangerous waste identified or listed in this section, is still a solid waste
			 and a dangerous waste for purposes of these sections if reason and authority
			 exists under chapter 70.105 RCW and WAC
			 173-303-960.
			 Within the constraints of chapter 70.105 RCW, this includes, but is not limited
			 to, any material that: Is accumulated, used, reused, or handled in a manner
			 that poses a threat to public health or the environment; or, due to the
			 dangerous constituent(s) in it, when used or reused would pose a threat to
			 public health or the environment.
(c) Certain materials are solid wastes but
			 are excluded from the requirements of this chapter by WAC
			 173-303-071
			 and
			 173-303-073.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-303 - Dangerous waste regulations › Section 173-303-017 - Recycling processes involving solid waste

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose of this section is to
			 identify those materials that are and are not solid wastes when recycled.
			 Certain materials, as described in subsection (2) of this section, would not
			 typically be considered to involve waste management and are exempt from the
			 requirements of this chapter. All recycling processes not exempted by
			 subsection (2) of this section are subject to the recycling requirements of WAC
			 173-303-120.
(2) General categories of materials that are
			 not solid waste when recycled.
(a) Except as
			 provided in subsection (3) of this section, materials are not solid wastes when
			 they can be shown to be recycled by being:
(i)
			 Used or reused as ingredients in an industrial process to make a product
			 provided the materials are not being reclaimed; or
(ii) Used or reused as effective substitutes
			 for commercial products; or
(iii)
			 Returned to the original process from which they are generated, without first
			 being reclaimed or land disposed. The material must be returned as a substitute
			 for feedstock materials. In cases where the original process to which the
			 material is returned is a secondary process, the materials must be managed such
			 that there is no placement on the land.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-303 - Dangerous waste regulations › Section 173-303-019 - Legitimacy criteria for recycling of hazardous secondary materials

Current through Register Vol. 24-14, July 15, 2024
Recycling hazardous secondary materials for the purpose of
				exclusion or exemption from the dangerous waste regulations must be legitimate.
				Hazardous secondary material that is not legitimately recycled is discarded
				material and a solid waste. In determining if their recycling is legitimate,
				persons must address all the requirements of this section.
(1) Legitimate recycling must involve a
			 hazardous secondary material that provides a useful contribution to the
			 recycling process or to a product or intermediate of the recycling process. The
			 hazardous secondary material provides a useful contribution if it:
(a) Contributes valuable ingredients to a
			 product or intermediate; or
(b)
			 Replaces a catalyst or carrier in the recycling process; or
(c) Is the source of a valuable constituent
			 recovered in the recycling process; or
(d) Is recovered or regenerated by the
			 recycling process; or
(e) Is used
			 as an effective substitute for a commercial product.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-303 - Dangerous waste regulations › Section 173-303-020 - Applicability

Current through Register Vol. 24-14, July 15, 2024
Except as expressly provided elsewhere herein, this chapter
				173-303 WAC applies to all persons who handle dangerous wastes and solid wastes
				that may designate as dangerous wastes including, but not limited to:
(1) Generators;
(2) Transporters;
(3) Owners and operators of dangerous waste
			 recycling, transfer, storage, treatment, and disposal facilities; and
(4) The operator of the state's extremely
			 hazardous waste management facility.
Statutory Authority:
				  Chapters
				  70.105 and
				  70.105D RCW. 95-22-008 (Order
				  94-30), § 173-303-020, filed 10/19/95, effective 11/19/95; 94-01-060
				  (Order 92-33), § 173-303-020, filed 12/8/93, effective 1/8/94. Statutory
				  Authority:
				  Chapter
				  70.105 RCW. 84-09-088
				  (Order DE 83-36), § 173-303-020, filed 4/18/84. Statutory Authority:
				  Chapter
				  70.105 RCW and
				  RCW
				     70.95.260. 82-05-023 (Order DE 81-33), §
				  173-303-020, filed 2/10/82. Formerly WAC
				  173-302-020.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-303 - Dangerous waste regulations › Section 173-303-030 - Abbreviations

Current through Register Vol. 24-14, July 15, 2024
The following abbreviations are used in this regulation.
APTI - Association for Preservation Technology
				International
ASTM - American Society for Testing Materials
APHA - American Public Health Association
CAMU - corrective action management unit
CDC - Center for Disease Control
C.F.R. - Code of Federal Regulations
DEA - Drug Enforcement Administration
DOT - Department of Transportation
°C - degrees Celsius
DRE - destruction and removal efficiency
DW - dangerous waste
DWS - drinking water standards of the Safe Drinking Water
				Act
EHW - extremely hazardous waste
EP - extraction procedure
EPA - Environmental Protection Agency
FDA - Food and Drug Administration
°F - degrees Fahrenheit
g - gram
IARC - International Agency for Research on Cancer
IFC - International Fire Code
kg - kilogram (one thousand grams)
L - liter
lb - pound
LC50 - median lethal
				concentration
LD50 - median lethal dose
MACT - maximum achievable control technology
M - molar (gram molecular weights per liter of solution)
mg - milligram (one thousandth of a gram)
MTCA - Model Toxics Control Act
NFPA - National Fire Protection Association
NIOSH - National Institute for Occupational Safety and
				Health
pH - negative logarithm of the hydrogen ion
				concentration
PODC - principal organic dangerous constituent
POTW - publicly owned treatment works
ppm - parts per million (weight/weight)
QEL - Quantity Exclusion Limit
RCRA - Resource Conservation and Recovery Act
RCW - Revised Code of Washington
TEQ - toxicity equivalence
TMC - total mass concentrate
TOM - total organic mass
TSD facility (or TSDF) - treatment, storage, or disposal
				facility
TU - temporary unit
UBC - Uniform Building Code
UFC - Uniform Fire Code
USCG - United States Coast Guard
USGS - United States Geological Survey
WAC - Washington Administrative Code
% - percent
# - number
Statutory Authority:
				  Chapters
				  70.105 and
				  70.105D RCW. 09-14-105 (Order
				  07-12), § 173-303-030, filed 6/30/09, effective 7/31/09. Statutory
				  Authority:
				  Chapters
				  70.105,
				  70.105D, and
				  15.54 RCW and
				  RCW
				     70.105.007. 04-24-065 (Order 03-10), §
				  173-303-030, filed 11/30/04, effective 1/1/05. Statutory Authority:
				  Chapters
				  70.105 and
				  70.105D RCW. 95-22-008 (Order
				  94-30), § 173-303-030, filed 10/19/95, effective 11/19/95. Statutory
				  Authority:
				  Chapter
				  70.105 RCW. 84-09-088
				  (Order DE 83-36), § 173-303-030, filed 4/18/84. Statutory Authority:
				  Chapter
				  70.105 RCW and
				  RCW
				     70.95.260. 82-05-023 (Order DE 81-33), §
				  173-303-030, filed 2/10/82. Formerly WAC
				  173-302-030.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-303 - Dangerous waste regulations › Section 173-303-045 - References to EPA's hazardous waste and permit regulations

Current through Register Vol. 24-14, July 15, 2024
(1) Any references
			 in this chapter to any parts, subparts, or sections from EPA's hazardous waste
			 regulations, including 40 C.F.R. Parts 260 through 280 and Part 124, are in
			 reference to those rules as they existed on July 1, 2019. Copies of the
			 appropriate referenced federal requirements are available upon request from the
			 department.
(2) The following
			 sections and any cross-reference to these sections are not incorporated or
			 adopted by reference because they are provisions that EPA cannot delegate to
			 states:
(a) 40 C.F.R. Parts 260.1
			 (b)(4)-(6).
(b) 40 C.F.R. Parts
			 264.1 (d) and (f); 265.1 (c)(4); 264.149-150 and 265.149-150; 264.301(l); and
			 265.430.
(c) 40 C.F.R. Parts 268.5
			 and 268.6; 268 Subpart B; 268. 42(b) and 268.44 (a) through (g).
(d) 40 C.F.R. Parts 270.1 (c)(1)(i); 270.3;
			 270.60(b); and 270.64.
(e) 40
			 C.F.R. Parts 124.1 (b)-(e); 124.4; 124.5(e); 124.9; 124.10 (a)(1)(iv);
			 124.12(e); 124.14(d); 124.15 (b)(2); 124. 16; 124.17(b); 124.18; 124.19; and
			 124.21.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-303 - Dangerous waste regulations › Section 173-303-050 - Department of ecology cleanup authority

Current through Register Vol. 24-14, July 15, 2024
The department may conduct or contract for the removal of
				dangerous wastes or hazardous substances where there has been or is a potential
				for discharge or release, regardless of quantity or concentration, which could
				pose a threat to public health or the environment.
Statutory Authority:
				  Chapter
				  70.105 RCW. 84-09-088
				  (Order DE 83-36), § 173-303-050, filed 4/18/84. Statutory Authority:
				  Chapter
				  70.105 RCW and
				  RCW
				     70.95.260. 82-05-023 (Order DE 81-33), §
				  173-303-050, filed 2/10/82. Formerly WAC
				  173-302-060.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-303 - Dangerous waste regulations › Section 173-303-070 - Designation of dangerous waste

Current through Register Vol. 24-14, July 15, 2024
(1) Purpose and applicability.
(a) This section describes the procedures for
			 determining whether or not a solid waste is DW or EHW.
(b) The procedures in this section are
			 applicable to any person who generates, or discovers on their site, a solid
			 waste, as defined in WAC
			 173-303-016
			 (including recyclable materials) that is not exempted or excluded by this
			 chapter, or by the department, or who is directed to or must further designate
			 waste by subsection (4) or (5) of this section. Any person who generates or
			 discovers a solid waste on their site must make an accurate determination if
			 that waste is a dangerous waste in order to ensure wastes are properly managed
			 according to applicable dangerous waste regulations. A dangerous waste
			 determination is made by following the designation procedures set forth in
			 subsection (3) of this section. Any person who determines by these procedures
			 that their waste is designated DW or EHW is subject to all applicable
			 requirements of this chapter.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-303 - Dangerous waste regulations › Section 173-303-071 - Excluded categories of waste

Current through Register Vol. 24-14, July 15, 2024
(1) Purpose. Certain categories of waste have
			 been excluded from many of the requirements of chapter 173-303 WAC because they
			 generally are not dangerous waste, are regulated under other state and federal
			 programs, or are recycled in ways which do not threaten public health or the
			 environment.
WAC 173-303-071 describes these excluded categories of
				waste.
(2) Excluding wastes.
			 Any persons who generate a common class of wastes and who seek to categorically
			 exclude such class of wastes from the requirements of this chapter must comply
			 with the applicable requirements of WAC
			 173-303-072.
			 No waste class will be excluded if any of the wastes in the class are regulated
			 as hazardous waste under    40 C.F.R. Part 261.
(3) Exclusions. The following categories of
			 waste are excluded from the requirements of chapter 173-303 WAC, except for WAC
			 173-303-050,
			 173-303-145,
			 and
			 173-303-960,
			 and as otherwise specified:
(a)
(i) Domestic sewage; and
(ii) Any mixture of domestic sewage and other
			 wastes that passes through a sewer system to a publicly owned treatment works
			 (POTW) for treatment, except as prohibited by WAC 173-303-555(6), provided:
(A) The generator or owner/operator has
			 obtained a state waste discharge permit issued by the department, a temporary
			 permit obtained pursuant to
			 RCW
			    90.48.200, or pretreatment permit (or written
			 discharge authorization) from a local sewage utility delegated pretreatment
			 program responsibilities pursuant to
			 RCW
			    90.48.165;
(B) The waste discharge is specifically
			 authorized in a state waste discharge permit, pretreatment permit or written
			 discharge authorization, or in the case of a temporary permit the waste is
			 accurately described in the permit application;
(C) The waste discharge is not prohibited
			 under  40 C.F.R. Part 403.5 ; and
(D)
			 The waste prior to mixing with domestic sewage must not exhibit dangerous waste
			 characteristics for ignitability, corrosivity, reactivity, or toxicity as
			 defined in WAC
			 173-303-090,
			 and must not meet the dangerous waste criteria for toxic dangerous waste or
			 persistent dangerous waste under WAC
			 173-303-100,
			 unless the waste is treatable in the publicly owned treatment works (POTW)
			 where it will be received. This exclusion does not apply to the generation,
			 treatment, storage, recycling, or other management of dangerous wastes prior to
			 discharge into the sanitary sewage system;
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-303 - Dangerous waste regulations › Section 173-303-072 - Procedures and bases for exempting and excluding wastes

Current through Register Vol. 24-14, July 15, 2024
(1) Purpose and applicability.
(a) The purpose of this section is to
			 describe the procedures that will be followed by generators and the department
			 when wastes are considered for exemption or exclusion from the requirements of
			 this chapter. Any person(s) whose waste is exempted or excluded will not be
			 subject to the requirements of this chapter unless the department revokes the
			 exemption or exclusion.
(b) Any
			 person seeking a waste exemption must submit a petition to the department
			 according to the procedures of WAC
			 173-303-910(3).
			 A petition for exemption will be assessed against the applicable bases for
			 exemption described in subsections (3) and (4) of this section.
(c) Any persons seeking to categorically
			 exclude a class of wastes must submit a petition to the department according to
			 the procedures of WAC
			 173-303-910(4).
			 A petition for exclusion will be assessed against the applicable bases for
			 exclusion described in subsection (6) of this section.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-303 - Dangerous waste regulations › Section 173-303-075 - Certification of designation

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Purpose and applicability.
(a) The purpose of
			 WAC 173-303-075 is to establish
			 procedures by which the generator of a solid waste may apply to the department
			 for a review of his waste, and for a determination of the designation of his
			 waste. When a final determination is made, the department will issue a
			 certificate of designation which will describe the status of the generator's
			 waste with respect to the designation requirements of this chapter 173-303
			 WAC.
(b) The provisions of this
			 section are applicable to any person who produces a solid waste, who may be
			 subject to the requirements of this chapter 173-303 WAC as the generator of a
			 dangerous waste and who wishes to obtain a certificate designating the status
			 of his waste.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-303 - Dangerous waste regulations › Section 173-303-077 - Requirements for universal waste

Current through Register Vol. 24-14, July 15, 2024
The wastes listed in this section are exempt from regulation
				under WAC
				173-303-140,
				173-303-170 through
				173-303-9907 (except for WAC
				173-303-960), and except as
				specified in WAC
				173-303-573, and therefore are
				not fully regulated as dangerous waste. The wastes listed in this section are
				subject to regulation under WAC
				173-303-573:
(1) Batteries as described in WAC
			 173-303-573(2);
(2) Mercury-containing equipment as described
			 in WAC 173-303-573(3);
			 and
(3) Lamps as described in WAC
			 173-303-573(5).
Statutory Authority:
				  Chapters
				  70.105 and
				  70.105D RCW. 09-14-105 (Order
				  07-12), § 173-303-077, filed 6/30/09, effective 7/31/09. Statutory
				  Authority:
				  Chapters
				  70.105,
				  70.105D, and
				  15.54 RCW and
				  RCW
				     70.105.007. 04-24-065 (Order 03-10), §
				  173-303-077, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), §
				  173-303-077, filed 5/10/00, effective 6/10/00. Statutory Authority:
				  Chapters
				  70.105 and
				  70.105D RCW. 98-03-018 (Order
				  97-03), § 173-303-077, filed 1/12/98, effective
				  2/12/98.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-303 - Dangerous waste regulations › Section 173-303-080 - Dangerous waste lists

Current through Register Vol. 24-14, July 15, 2024
The dangerous waste lists include:
(1) WAC
			 173-303-081, Discarded chemical
			 products;
(2) WAC
			 173-303-082, Dangerous waste
			 sources.
Statutory Authority:
				  Chapter
				  70.105 RCW. 89-02-059
				  (Order 88-24), § 173-303-080, filed 1/4/89. Statutory Authority:
				  Chapter
				  70.105 RCW and
				  RCW
				     70.95.260. 82-05-023 (Order DE 81-33), §
				  173-303-080, filed 2/10/82.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-303 - Dangerous waste regulations › Section 173-303-081 - Discarded chemical products

Current through Register Vol. 24-14, July 15, 2024
(1) A
			 waste will be designated as a dangerous waste and assigned a "P" or "U" code if
			 it is handled in any of the manners described in (e) of this subsection, and if
			 it is a residue from the management of:
(a) A
			 commercial chemical product or manufacturing chemical intermediate (see
			 definition in WAC
			 173-303-040)  which
			 has the generic name listed in the discarded chemical products list, WAC
			 173-303-9903;
(b) An off-specification commercial chemical
			 product or manufacturing chemical intermediate which if it had met
			 specifications would have the generic name listed in the discarded chemical
			 products list, WAC
			 173-303-9903;
(c) Any containers, inner liners, or residue
			 remaining in a container or in an inner liner removed from a container that has
			 held any commercial chemical product or manufacturing chemical intermediate
			 that has, or any off-specification commercial chemical product or manufacturing
			 chemical intermediate which if it had met specifications would have, the
			 generic name listed on the "P" or "U" discarded chemical products list of WAC
			 173-303-9903,
			 unless the containers or inner liners are empty as described in WAC
			 173-303-160(2) or 173-303-555(8);
(d) Any residue
			 or contaminated soil, water, or other debris resulting from the cleanup of a
			 spill of a commercial chemical product or manufacturing chemical intermediate
			 which has, or of an off-specification commercial chemical product or
			 manufacturing chemical intermediate which if it had met specifications would
			 have, the generic name listed in the discarded chemical products list, WAC
			 173-303-9903;
(e) The materials or items described in (a),
			 (b), (c), and (d) of this subsection are dangerous wastes when they are:
(i) Discarded or intended to be discarded as
			 described in WAC
			 173-303-016(3)(b)(i);
(ii) Burned for purposes of energy recovery
			 in lieu of their original intended use;
(iii) Used to produce fuels in lieu of their
			 original intended use;
(iv) Applied
			 to the land in lieu of their original intended use; or
(v) Contained in products that are applied to
			 the land in lieu of their original intended use.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-303 - Dangerous waste regulations › Section 173-303-082 - Dangerous waste sources

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The dangerous waste sources list appears in WAC
			 173-303-9904.
			 Any waste that is listed or is a residue from the management of a waste listed
			 on the dangerous waste sources list must be designated a dangerous waste, and
			 identified as DW. Dangerous waste sources codes include WPCB or codes that
			 begin with an "F" or "K."
(2)
			 Quantity exclusion limit. A person whose waste is listed in WAC
			 173-303-9904
			 (including residues from the management of such wastes) is a dangerous waste
			 generator (and may not be considered a small quantity generator as provided in
			 WAC
			 173-303-170(2)) if the amount of their waste exceeds the following quantity exclusion limits:
(a) 2.2 lbs. (1 kg) per month or per batch
			 for wastes listed with the dangerous waste numbers F020, F021, F022, F023,
			 F026, or F027. These wastes are designated DW and identified as acute hazardous
			 wastes;
(b) 220 lbs. (100 kg) per
			 month or per batch of any residue or contaminated soil, water, or other debris
			 resulting from the cleanup of a spill, into or on any land or water of a waste
			 listed in (a) of this subsection, or of an acute hazardous waste listed in WAC
			 173-303-9904
			 under specific sources ("K" wastes). Note: Acute hazardous K listed wastes are
			 followed by an "H." These wastes are designated DW and identified as acute
			 hazardous wastes; or
(c) 220 lbs.
			 (100 kg) per month or per batch for all other wastes.