Loading (50 kb)...'
(continued)
(D) For waste exhibiting the dangerous characteristic of ignitability, corrosivity or reactivity, the waste must also be treated to eliminate these characteristics.
(E) For debris, the debris must be treated in accordance with 40 CFR 268.45, which is incorporated by reference at WAC 173-303-140 (2)(a), or by methods or to levels established under (d)(iv)(A) through (D) of this subsection or (d)(v) of this subsection, whichever the department determines is appropriate.
(F) Alternatives to TCLP. For metal bearing wastes for which metals removal treatment is not used, the department may specify a leaching test other than the TCLP (SW846 Method 1311, WAC 173-303-110 (3)(a)) to measure treatment effectiveness, provided the department determines that an alternative leach testing protocol is appropriate for use, and that the alternative more accurately reflects conditions at the site that affect leaching.
(v) Adjusted standards. The department may adjust the treatment level or method in (d)(iv) of this subsection to a higher or lower level, based on one or more of the following factors, as appropriate. The adjusted level or method must be protective of human health and the environment:
(A) The technical impracticability of treatment to the levels or by the methods in (d)(iv) of this subsection;
(B) The levels or methods in (d)(iv) of this subsection would result in concentrations of principal hazardous constituents (PHCs) that are significantly above or below cleanup standards applicable to the site (established either site-specifically, or promulgated under state or federal law);
(C) The views of the affected local community on the treatment levels or methods in (d)(iv) of this subsection as applied at the site, and, for treatment levels, the treatment methods necessary to achieve these levels;
(D) The short-term risks presented by the on-site treatment method necessary to achieve the levels or treatment methods in (d)(iv) of this subsection;
(E) The long-term protection offered by the engineering design of the CAMU and related engineering controls:
(I) Where the treatment standards in (d)(iv) of this subsection are substantially met and the principal hazardous constituents in the waste or residuals are of very low mobility; or
(II) Where cost-effective treatment has been used and the CAMU meets the liner and leachate collection requirements for new land disposal units at WAC 173-303-665 (2)(h) and (j); or
(III) Where, after review of appropriate treatment technologies, the department determines that cost-effective treatment is not reasonably available, and the CAMU meets the liner and leachate collection requirements for new land disposal units at WAC 173-303-665 (2)(h) and (j); or
(IV) Where cost-effective treatment has been used and the principal hazardous constituents in the treated wastes are of very low mobility; or
(V) Where, after review of appropriate treatment technologies, the department determines that cost-effective treatment is not reasonably available, the principal hazardous constituents in the wastes are of very low mobility, and either the CAMU meets or exceeds the liner standards for new, replacement, or laterally expanded CAMUs in (c)(i) and (ii) of this subsection, or the CAMU provides substantially equivalent or greater protection.
(vi) The treatment required by the treatment standards must be completed prior to, or within a reasonable time after, placement in the CAMU.
(vii) For the purpose of determining whether wastes placed in CAMUs have met site-specific treatment standards, the department may, as appropriate, specify a subset of the principal hazardous constituents in the waste as analytical surrogates for determining whether treatment standards have been met for other principal dangerous constituents. This specification will be based on the degree of difficulty of treatment and analysis of constituents with similar treatment properties.
(e) Except as provided in subsection (4) of this section, requirements for ground water and vadose zone monitoring and corrective action that are sufficient to:
(i) Continue to detect and to characterize the nature, extent, concentration, direction, and movement of existing releases of dangerous waste and dangerous constituents in ground water from sources located within the CAMU; and
(ii) Detect and subsequently characterize releases of dangerous waste and dangerous constituents to ground water that may occur from areas of the CAMU in which wastes will remain in place after CAMU closure.
(iii) Require notification to the department and corrective action as necessary to protect human health and the environment for releases to ground water from the CAMU.
(f) Except as provided in subsection (4) of this section, requirements for closure will minimize the need for further maintenance; and control, minimize, or eliminate, to the extent necessary to protect human health and the environment, for areas where wastes remain in place, post-closure escape of dangerous wastes, dangerous constituents, leachate, contaminated runoff, or dangerous waste decomposition products to the ground, to ground waters, to surface waters, or to the atmosphere.
(i) Requirements for closure will include, as appropriate and deemed necessary by the department, the following:
(A) Requirements for excavation, removal, treatment, and/or containment of wastes; and
(B) Requirements for removal and decontamination of equipment, devices, and structures used in CAMU-eligible waste management activities within the CAMU.
(ii) In establishing closure requirements for CAMUs under subsection (3) of this section, the department will consider the following factors:
(A) CAMU characteristics;
(B) Volume of wastes which will remain in place after CAMU closure;
(C) Potential for releases from the CAMU;
(D) Physical and chemical characteristics of the waste;
(E) Hydrological and other relevant environmental conditions at the facility which may influence the migration of any potential or actual releases in and/or from the CAMU; and
(F) Potential for exposure of humans and environmental receptors if releases were to occur at or from the CAMU.
(iii) Cap requirements:
(A) At final closure of the CAMU, for areas in which wastes will remain after closure of the CAMU, with constituent concentrations at or above remedial levels or goals applicable to the site, the owner or operator must cover the CAMU with a final cover designed and constructed to meet the following performance criteria, except as provided in (f)(iii)(B) of this subsection:
(I) Provide long-term minimization of migration of liquids through the closed unit;
(II) Function with minimum maintenance;
(III) Promote drainage and minimize erosion or abrasion of the cover;
(IV) Accommodate settling and subsidence so that the cover's integrity is maintained; and
(V) Have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present.
(B) The department may determine that modifications to (f)(iii)(A) of this subsection are needed to facilitate treatment or the performance of the CAMU (e.g., to promote biodegradation).
(iv) The department will, for areas of the CAMU in which wastes will remain in place after CAMU closure, specify post-closure requirements to control, minimize, or eliminate, to the extent necessary to protect human health and the environment, post-closure escape of dangerous waste, dangerous constituents, leachate, contaminated runoff, and dangerous waste decomposition products to the ground, to ground waters, to surface waters, and to the atmosphere. Such post-closure requirements will include, as necessary to protect human health and the environment, monitoring and maintenance activities and the frequency with which such activities will be performed to ensure the integrity of any cap, final cover, or other containment system.
(4) CAMUs used for storage and/or treatment only are CAMUs in which wastes will not remain after closure. Such CAMUs must be designated in accordance with all of the requirements of this subsection, except as follows.
(a) CAMUs that are used for storage and/or treatment only and that operate in accordance with the time limits established in the staging pile regulations at 40 CFR 264.554 (d)(1)(iii), (h), and (i) are subject to the requirements for staging piles at 40 CFR 264.554 (d)(1)(i) and (ii), § 264.554 (d)(2), § 264.554 (e) and (f), and § 264.554 (j) and (k) in lieu of the performance standards and requirements for CAMUs in this section at subsections (1) and (3)(c) through (f). The staging pile requirements of 40 CFR Part 264.554 are incorporated by reference at WAC 173-303-64690.
(b) CAMUs that are used for storage and/or treatment only and that do not operate in accordance with the time limits established in the staging pile regulations at 40 CFR 264.554 (d)(1)(iii), (h), and (i), which are incorporated by reference:
(i) Must operate in accordance with a time limit, established by the department, that is no longer than necessary to achieve a timely remedy selected for the waste; and
(ii) Are subject to the requirements for staging piles at 40 CFR 264.554 (d)(1)(i) and (ii), 264.554 (d)(2), 264.554 (e) and (f), and 264.554 (j) and (k) in lieu of the performance standards and requirements for CAMUs in this section at subsections (1) and (3)(d) and (f).
(5) CAMUs into which wastes are placed where all wastes have constituent levels at or below remedial levels or goals applicable to the site do not have to comply with the requirements for liners at subsection (3)(c)(i) of this section, caps at subsection (3)(f)(iii) of this section, ground water monitoring requirements at subsection (3)(e) of this section or, for treatment and/or storage-only CAMUs, the design standards at subsection (4) of this section.
(6) The department must provide public notice and a reasonable opportunity for public comment before designating a CAMU. Such a notice will include the rationale for any proposed adjustments under subsection (3)(d)(v) of this section to the treatment standards in subsection (3)(d)(iv) of this section.
(7) Notwithstanding any other provision of this subsection, the department may impose additional requirements as necessary to protect human health and the environment.
(8) Incorporation of the designation of and requirements for a CAMU into a existing permit must be approved by the department according to the procedures for agency initiated permit modifications under WAC 173-303-830(3), or according to the permit modification procedures of WAC 173-303-830(4).
[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW 70.105.007. 04-24-065 (Order 03-10), § 173-303-64660, filed 11/30/04, effective 1/1/05.]
--------------------------------------------------------------------------------
173-303-64670
Incorporation of a regulated unit within a CAMU.
(1) The department may designate a regulated unit (as defined in WAC 173-303-040) as a CAMU, or may incorporate a regulated unit into a CAMU, if:
(a) The regulated unit is closed or closing, meaning it has begun the closure process under WAC 173-303-610(4) or 40 CFR Part 265.113, which is incorporated by reference at WAC 173-303-400 (3)(a); and
(b) Inclusion of the regulated unit will enhance implementation of effective, protective and reliable remedial actions at the facility.
(2) The requirements of WAC 173-303-610, 173-303-620, 173-303-645, and the unit specific requirements of WAC 173-303-650 through 173-303-680 that applied to the regulated unit will continue to apply to the portion of the CAMU into which the regulated unit was incorporated.
[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW 70.105.007. 04-24-065 (Order 03-10), § 173-303-64670, filed 11/30/04, effective 1/1/05.]
--------------------------------------------------------------------------------
173-303-64680
Temporary units (TUs).
(1) In accordance with the requirements of this subsection, the department may designate a tank or container storage area at a facility as a temporary unit for the purpose of treating or storing remediation waste that originates at the same facility in order to implement remedies under this section or to implement other cleanup actions. The department may replace the design, operating and closure standards applicable to dangerous waste tank and container treatment and storage units under this chapter with alternative requirements that protect human health and the environment.
(2) Any temporary unit to which alternative requirements are applied in accordance with subsection (1) of this section will be:
(a) Located within the facility boundary; and
(b) Used only for treatment or storage of remediation wastes managed pursuant to implementation of the corrective action requirements of WAC 173-303-64620 at the facility.
(3) In establishing standards to be applied to a temporary unit, the department will consider the following factors:
(a) Length of time unit will be in operation;
(b) Type of unit;
(c) Volumes of wastes to be managed;
(d) Physical and chemical characteristics of the wastes to be managed in the unit;
(e) Potential for releases from the unit;
(f) Hydrogeological and other relevant environmental conditions at the facility which may influence the migration of any potential releases; and
(g) Potential for exposure of humans and environmental receptors if releases were to occur from the unit.
(4) The department will specify the length of time, not to exceed one year, a temporary unit will be allowed to operate. The director will also specify design, operating, and closure requirements for the temporary unit.
(5) The department may extend the operating period of a temporary unit for up to one additional year, provided the director determines that:
(a) Continued operation of the unit will not pose a threat to human health and the environment; and
(b) Continued operation of the unit is necessary to ensure timely and efficient implementation of remedial actions at the facility.
(6) Incorporation of the designation of and requirements for a temporary unit or a time extension for a temporary unit into an existing permit will be:
(a) Approved in accordance with the procedures for agency-initiated permit modifications under WAC 173-303-830(3); or
(b) Requested by the owner or operator as a Class II modification according to the procedures under WAC 173-303-830(4).
(7) The department will document the rationale for designating a temporary unit and for granting time extensions for temporary units and will make such documentation available to the public.
[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW 70.105.007. 04-24-065 (Order 03-10), § 173-303-64680, filed 11/30/04, effective 1/1/05.]
--------------------------------------------------------------------------------
173-303-64690
Staging piles.
The requirements for staging piles in 40 CFR Part 264.554 are incorporated by reference. The word "director" in 40 CFR means "department."
[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW 70.105.007. 04-24-065 (Order 03-10), § 173-303-64690, filed 11/30/04, effective 1/1/05.]
--------------------------------------------------------------------------------
173-303-646910
Disposal of CAMU-eligible wastes into permitted dangerous waste landfills.
(1) The department may approve placement of CAMU-eligible wastes in dangerous waste landfills not located at the site from which the waste originated, without the wastes meeting the requirements of WAC 173-303-140(2), if the conditions in (a) through (c) of this subsection are met:
(a) The waste meets the definition of CAMU-eligible waste in WAC 173-303-64650 (3)(a) and (b).
(b) The department identifies principal hazardous constituents in such waste, in accordance with WAC 173-303-64660 (3)(d)(i) and (ii), and requires that such principal hazardous constituents are treated to any of the following standards specified for CAMU-eligible wastes:
(i) The treatment standards under WAC 173-303-64660 (3)(d)(iv); or
(ii) Treatment standards adjusted in accordance with WAC 173-303-64660 (3)(d)(v)(A), (C), (D) or (E)(I); or
(iii) Treatment standards adjusted in accordance with WAC 173-303-64660 (3)(d)(v)(E)(II), where treatment has been used and that treatment significantly reduces the toxicity or mobility of the principal hazardous constituents in the waste, minimizing the short-term and long-term threat posed by the waste, including the threat at the remediation site.
(c) The landfill receiving the CAMU-eligible waste must have a dangerous waste permit, meet the requirements for new landfills in WAC 173-303-665, and be authorized to accept CAMU-eligible wastes; for the purposes of this requirement, "permit" does not include interim status.
(2) The person seeking approval must provide sufficient information to enable the department to approve placement of CAMU-eligible waste in accordance with subsection (1) of this section. Information required by WAC 173-303-64660 (2)(a) through (c) for CAMU applications must be provided, unless not reasonably available.
(3) The department must provide public notice and a reasonable opportunity for public comment before approving CAMU-eligible waste for placement in an off-site permitted dangerous waste landfill, consistent with the requirements for CAMU approval at WAC 173-303-64660(6). The approval must be specific to a single remediation.
(4) Applicable dangerous waste management requirements, including recordkeeping requirements to demonstrate compliance with treatment standards approved under this section, for CAMU-eligible waste must be incorporated into the receiving facility permit through permit issuance or a permit modification, providing notice and an opportunity for comment and a hearing. Notwithstanding WAC 173-303-810(8), a landfill may not receive CAMU-eligible waste under this subsection unless its permit specifically authorizes receipt of such waste.
(5) For each remediation, CAMU-eligible waste may not be placed in an off-site landfill authorized to receive CAMU-eligible waste in accordance with subsection (4) of this section until the following additional conditions have been met:
(a) The landfill owner/operator notifies the department responsible for oversight of the landfill and persons on the facility mailing list, maintained in accordance with WAC 173-303-840 (3)(e)(i)(D), of his or her intent to receive CAMU-eligible waste in accordance with this section; the notice must identify the source of the remediation waste, the principal hazardous constituents in the waste, and treatment requirements.
(b) Persons on the facility mailing list may provide comments, including objections to the receipt of the CAMU-eligible waste, to the department within fifteen days of notification.
(c) The department may object to the placement of the CAMU-eligible waste in the landfill within thirty days of notification; the department may extend the review period an additional thirty days because of public concerns or insufficient information.
(d) CAMU-eligible wastes may not be placed in the landfill until the department has notified the facility owner/operator that he or she does not object to its placement.
(e) If the department objects to the placement or does not notify the facility owner/operator that he or she has chosen not to object, the facility may not receive the waste, notwithstanding WAC 173-303-810(8), until the objection has been resolved, or the owner/operator obtains a permit modification in accordance with the procedures of WAC 173-303-830(4) specifically authorizing receipt of the waste.
(f) As part of the permit issuance or permit modification process of subsection (4) of this section, the department may modify, reduce, or eliminate the notification requirements of this subsection as they apply to specific categories of CAMU-eligible waste, based on minimal risk.
(6) Generators of CAMU-eligible wastes sent off site to a dangerous waste landfill under this subsection must comply with the requirements of 40 CFR 268.7 (a)(4), which is incorporated by reference at WAC 173-303-140(2); off-site facilities treating CAMU-eligible wastes to comply with this section must comply with the requirements of Sec. 268.7 (b)(4), which is incorporated by reference at WAC 173-303-140(2), except that the certification must be with respect to the treatment requirements of subsection (1)(b) of this section.
(7) For the purposes of this subsection only, the "design of the CAMU" in WAC 173-303-64660 (3)(d)(v)(E) means design of the permitted dangerous waste landfill.
[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW 70.105.007. 04-24-065 (Order 03-10), § 173-303-646910, filed 11/30/04, effective 1/1/05.]
--------------------------------------------------------------------------------
173-303-646920
Disposal of CAMU-eligible wastes into permitted hazardous waste landfills located outside Washington.
Notwithstanding any provision of WAC 173-303-646910, the department may approve placement of CAMU-eligible wastes in hazardous waste landfills located outside of the state of Washington if the landfill receiving the CAMU-eligible waste is authorized to accept CAMU-eligible wastes pursuant to 40 CFR § 264.555 or pursuant to EPA-approved state regulations implementing 40 CFR § 264.555, and the conditions of WAC 173-303-646910 (1)(a), (b), (2), (3), and (6) are met.
[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW 70.105.007. 04-24-065 (Order 03-10), § 173-303-646920, filed 11/30/04, effective 1/1/05.]
--------------------------------------------------------------------------------
173-303-650
Surface impoundments.
(1) Applicability. The regulations in this section apply to owners and operators of facilities that use surface impoundments to treat, store, or dispose of dangerous waste.
(2) Design and operating requirements.
(a)(i) Any surface impoundment that is not covered by (j) of this subsection must have a liner for all portions of the impoundment (except for an existing portion of a surface impoundment). The liner must be designed, constructed, and installed to prevent any migration of wastes out of the impoundment to the adjacent subsurface soil or ground water or surface water at any time during the active life (including the closure period) of the impoundment. The liner may be constructed of materials that may allow wastes to migrate into the liner (but not into the adjacent subsurface soil or ground water or surface water) during the active life of the facility, provided that the impoundment is closed in accordance with subsection (6)(a)(i) of this section. For impoundments that will be closed in accordance with subsection (6)(a)(ii) of this section, the liner must be constructed of materials that can prevent wastes from migrating into the liner during the active life of the facility. The liner must be:
(A) Constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or leachate to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation;
(B) Placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression, or uplift;
(C) Installed to cover all surrounding earth likely to be in contact with the waste or leachate; and
(D) For EHW management, the owner or operator must submit an engineering report with their permit application under WAC 173-303-806(4) stating the basis for selecting the liner(s). The report must be certified by an independent, qualified registered professional engineer.
(ii) The owner or operator of a new surface impoundment installed after October 31, 1984, and in which liquid EHW is managed must:
(A) Install a double lined system which incorporates the specifications of subsection (3)(a), (b), and (c) of this section; and
(B) Must comply with either the ground water monitoring requirements of WAC 173-303-645, or the unsaturated zone monitoring requirements of WAC 173-303-655(6).
(b) The owner or operator will be exempted from the requirements of (a) of this subsection, if the department finds, based on a demonstration by the owner or operator, that alternate design and operating practices, together with location characteristics, will prevent the migration of any dangerous constituents listed in WAC 173-303-9905, or which otherwise cause his wastes to be regulated under this chapter, into the ground water or surface water at any future time. In deciding whether to grant an exemption, the department will consider:
(i) The nature and quantity of the wastes;
(ii) The proposed alternate design and operation;
(iii) The hydrogeologic setting of the facility, including the attenuative capacity and thickness of the liners and soils present between the impoundment and ground water or surface water; and
(iv) All other factors which would influence the quality and mobility of the leachate produced and the potential for it to migrate to ground water or surface water.
(c) A surface impoundment must be designed, constructed, maintained, and operated to prevent overtopping resulting from normal or abnormal operations; overfilling; wind and wave action; rainfall; run-on; malfunctions of level controllers, alarms, and other equipment; and human error.
(d) A surface impoundment must be designed so that any flow of waste into the impoundment can be immediately shut off in the event of overtopping or liner failure.
(e) A surface impoundment must be designed to repel birds.
(f) A surface impoundment must have dikes that are designed, constructed, and maintained with sufficient structural integrity to prevent their failure. In ensuring structural integrity, it must not be presumed that the liner system will function without leakage during the active life of the unit.
(g) Earthen dikes must be kept free of:
(i) Perennial woody plants with root systems which could weaken its structural integrity; and
(ii) Burrowing mammals which could weaken its structural integrity or create leaks through burrows.
(h) Earthen dikes must have a protective cover, such as grass, shale or rock to minimize wind and water erosion and to preserve their structural integrity.
(i) The department will specify in the permit all design and operating practices that are necessary to ensure that the requirements of this subsection are satisfied.
(j) The owner or operator of each new surface impoundment unit on which construction commences after January 29, 1992, each lateral expansion of a surface impoundment unit on which construction commences after July 29, 1992, and each replacement of an existing surface impoundment unit that is to commence reuse after July 29, 1992, must install two or more liners and a leachate collection and removal system between such liners. "Construction commences" is as defined in WAC 173-303-040 under "existing TSD facility."
(i) The liner system must include:
(A) A top liner designed and constructed of materials (e.g., a geomembrane) to prevent the migration of dangerous constituents into such liner during the active life and post-closure care period; and
(B) A composite bottom liner, consisting of at least two components. The upper component must be designed and constructed of materials (e.g., a geomembrane) to prevent the migration of dangerous constituents into this component during the active life and post-closure care period. The lower component must be designed and constructed of materials to minimize the migration of dangerous constituents if a breach in the upper component were to occur. The lower component must be constructed of at least 3 feet (91 cm) of compacted soil material with a hydraulic conductivity of no more than 1 x 10/-7/cm/sec.
(ii) The liners must comply with (a)(i)(A), (B), and (C) of this subsection.
(iii) The leachate collection and removal system between the liners, and immediately above the bottom composite liner in the case of multiple leachate collection and removal systems, is also a leak detection system. This leak detection system must be capable of detecting, collecting, and removing leaks of dangerous constituents at the earliest practicable time through all areas of the top liner likely to be exposed to waste or leachate during the active life and post-closure care period. The requirements for a leak detection system in this paragraph are satisfied by installation of a system that is, at a minimum:
(A) Constructed with a bottom slope of one percent or more;
(B) Constructed of granular drainage materials with a hydraulic conductivity of 1 x 10/-1/cm/sec or more and a thickness of 12 inches (30.5 cm) or more; or constructed of synthetic or geonet drainage materials with a transmissivity of 3 x 10/-4/m2sec or more;
(C) Constructed of materials that are chemically resistant to the waste managed in the surface impoundment and the leachate expected to be generated, and of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying wastes and any waste cover materials or equipment used at the surface impoundment;
(D) Designed and operated to minimize clogging during the active life and post-closure care period; and
(E) Constructed with sumps and liquid removal methods (e.g., pumps) of sufficient size to collect and remove liquids from the sump and prevent liquids from backing up into the drainage layer. Each unit must have its own sump(s). The design of each sump and removal system must provide a method for measuring and recording the volume of liquids present in the sump and of liquids removed.
(iv) The owner or operator will collect and remove pumpable liquids in the sumps to minimize the head on the bottom liner.
(v) The owner or operator of a leak detection system that is not located completely above the seasonal high water table must demonstrate that the operation of the leak detection system will not be adversely affected by the presence of ground water.
(k) The department may approve alternative design or operating practices to those specified in (j) of this subsection if the owner or operator demonstrates to the department that such design and operating practices, together with location characteristics:
(i) Will prevent the migration of any dangerous constituent into the ground water or surface water at least as effectively as the liners and leachate collection and removal system specified in (j) of this subsection; and
(ii) Will allow detection of leaks of dangerous constituents through the top liner at least as effectively.
(l) The double liner requirement set forth in (j) of this subsection may be waived by the department for any monofill, if:
(i) The monofill contains only dangerous wastes from foundry furnace emission controls or metal casting molding sand, and such wastes do not contain constituents which would render the wastes dangerous for reasons other than the toxicity characteristic in WAC 173-303-090(8) or the toxicity criteria at WAC 173-303-100(5); and
(ii)(A) The monofill has at least one liner for which there is no evidence that such liner is leaking. For the purposes of this paragraph, the term "liner" means a liner designed, constructed, installed, and operated to prevent dangerous waste from passing into the liner at any time during the active life of the facility, or a liner designed, constructed, installed, and operated to prevent dangerous waste from migrating beyond the liner to adjacent subsurface soil, ground water, or surface water at any time during the active life of the facility. In the case of any surface impoundment which has been exempted from the requirements of (j) of this subsection on the basis of a liner designed, constructed, installed, and operated to prevent dangerous waste from passing beyond the liner, at the closure of such impoundment, the owner or operator must remove or decontaminate all waste residues, all contaminated liner material, and contaminated soil to the extent practicable. If all contaminated soil is not removed or decontaminated, the owner or operator of such impoundment will comply with appropriate post-closure requirements, including but not limited to ground water monitoring and corrective action;
(B) The monofill is located more than one-quarter mile from an underground source of drinking water (as that term is defined in 40 CFR Section 144.3); and
(C) The monofill is in compliance with generally applicable ground water monitoring requirements for facilities with permits under RCRA section 3005(c); or
(iii) The owner or operator demonstrates that the monofill is located, designed and operated so as to assure that there will be no migration of any dangerous constituent into ground water or surface water at any future time.
(m) The owner or operator of any replacement surface impoundment unit is exempt from (j) of this subsection if:
(i) The existing unit was constructed in compliance with the design standards of sections 3004 (o)(1)(A)(i) and (o)(5) of the Resource Conservation and Recovery Act; and
(ii) There is no reason to believe that the liner is not functioning as designed.
(3) Reserve.
(4) Monitoring and inspection.
(a) During construction and installation, liners (except in the case of existing portions of surface impoundments exempt from subsection (2)(a)(i) of this section) and cover systems (e.g., membranes, sheets, or coatings) must be inspected for uniformity, damage, and imperfections (e.g., holes, cracks, thin spots, or foreign materials). Immediately after construction or installation:
(i) Synthetic liners and covers must be inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters; and
(ii) Soil-based and admixed liners and covers must be inspected for imperfections including lenses, cracks, channels, root holes, or other structural nonuniformities that may cause an increase in the permeability of the liner or cover.
(b) While a surface impoundment is in operation, it must be inspected weekly and after storms to detect evidence of any of the following:
(i) Deterioration, malfunctions, or improper operation of overtopping control systems;
(ii) Sudden drops in the level of the impoundment's contents; and
(iii) Severe erosion or other signs of deterioration in dikes or other containment devices.
(c) Prior to the issuance of a permit, and after any extended period of time (at least six months) during which the impoundment was not in service, the owner or operator must obtain a certification from a qualified engineer that the impoundment's dike, including that portion of any dike which provides freeboard, has structural integrity. The certification must establish, in particular, that the dike:
(i) Will withstand the stress of the pressure exerted by the types and amounts of wastes to be placed in the impoundment; and
(ii) Will not fail due to scouring or piping, without dependence on any liner system included in the surface impoundment construction.
(d)(i) An owner or operator required to have a leak detection system under subsection (2)(j) or (k) of this section must record the amount of liquids removed from each leak detection system sump at least once each week during the active life and closure period.
(ii) After the final cover is installed, the amount of liquids removed from each leak detection system sump must be recorded at least monthly. If the liquid level in the sump stays below the pump operating level for two consecutive months, the amount of liquids in the sumps must be recorded at least quarterly. If the liquid level in the sump stays below the pump operating level for two consecutive quarters, the amount of liquids in the sumps must be recorded at least semi annually. If at any time during the post-closure care period the pump operating level is exceeded at units on quarterly or semiannual recording schedules, the owner or operator must return to monthly recording of amounts of liquids removed from each sump until the liquid level again stays below the pump operating level for two consecutive months.
(iii) "Pump operating level" is a liquid level proposed by the owner or operator and approved by the department based on pump activation level, sump dimensions, and level that avoids backup into the drainage layer and minimizes head in the sump.
(5) Emergency repairs; contingency plans.
(a) A surface impoundment must be removed from service in accordance with (b) of this subsection when:
(i) Unexpected changes of liquid levels occur; or
(ii) The dike leaks.
(b) When a surface impoundment must be removed from service as required by (a) of this subsection, the owner or operator must:
(i) Immediately shut off the flow or stop the addition of wastes into the impoundment;
(ii) Immediately contain any surface leakage which has occurred or is occurring;
(iii) Immediately stop the leak;
(iv) Take any other necessary steps to stop or prevent catastrophic failure;
(v) Empty the impoundment, if a leak cannot be stopped by any other means; and
(vi) Notify the department of the problem in writing within seven days after detecting the problem.
(c) As part of the contingency plan required in WAC 173-303-340 through 173-303-360, the owner or operator must specify:
(i) A procedure for complying with the requirements of (b) of this subsection; and
(ii) A containment system evaluation and repair plan describing: Testing and monitoring techniques; procedures to be followed to evaluate the integrity of the containment system in the event of a possible failure; description of a schedule of actions to be taken in the event of a possible failure; and the repair techniques and materials (and their availability) to be used in the event of leakage due to containment system failure or deterioration which does not require the impoundment to be removed from service.
(d) No surface impoundment that has been removed from service in accordance with the requirements of this section may be restored to service unless the portion of the impoundment which was failing is repaired and the following steps are taken:
(i) If the impoundment was removed from service as the result of actual or imminent dike failure, the dike's structural integrity must be recertified in accordance with subsection (4)(c) of this section;
(ii) If the impoundment was removed from service as the result of a sudden drop in the liquid level, then:
(A) For any existing portion of the impoundment, a liner must be installed in compliance with subsection (2)(a)(i) or (3) of this section; and
(B) For any other portion of the impoundment, the repaired liner system must be certified by a qualified engineer as meeting the design specifications approved in the permit.
(e) A surface impoundment that has been removed from service in accordance with the requirements of this section and that is not being repaired must be closed in accordance with the provisions of subsection (6) of this section.
(6) Closure and post-closure care.
(a) At closure, the owner or operator must:
(i) Remove or decontaminate all dangerous waste and dangerous waste residues, contaminated containment system components (liners, etc.), contaminated subsoils, and structures and equipment contaminated with dangerous waste and leachate, and manage them as dangerous waste; or
(ii) If the surface impoundment will be closed as a landfill, except that this option is prohibited if EHW would remain in the closed unit(s):
(A) Eliminate free liquids by removing liquid wastes or solidifying the remaining wastes and waste residues;
(B) Stabilize remaining wastes to a bearing capacity sufficient to support a final cover; and
(C) Cover the surface impoundment with a final cover designed and constructed to:
(I) Provide long-term minimization of the migration of liquids through the closed impoundment with a material that has a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present;
(II) Function with minimum maintenance;
(III) Promote drainage and minimize erosion or abrasion of the final cover; and
(IV) Accommodate settling and subsidence so that the cover's integrity is maintained.
(b) If some waste residues or contaminated materials are left in place at final closure (except that no EHW may ever be left in place), the owner or operator must comply with all post-closure requirements contained in WAC 173-303-610 (7), (8), (9), and (10), including maintenance and monitoring throughout the post-closure care period (specified in the permit). The owner or operator must:
(i) Maintain the integrity and effectiveness of the final cover, including making repairs to the cap as necessary to correct the effects of settling, subsidence, erosion, or other events;
(ii) Maintain and monitor the leak detection system in accordance with subsections (2)(j)(ii)(D) and (E), and (4)(d) of this section, and comply with all other applicable leak detection system requirements of this chapter;
(iii) Maintain and monitor the ground water monitoring system and comply with all applicable requirements of WAC 173-303-645; and
(iv) Prevent run-on and runoff from eroding or otherwise damaging the final cover.
(c)(i) If an owner or operator plans to close a surface impoundment in accordance with (a)(i) of this subsection, and the impoundment does not comply with the liner requirements of subsection (2)(a)(i) of this section, and is not exempt from them in accordance with subsection (2)(b) of this section, then:
(A) The closure plan for the impoundment under WAC 173-303-610(3) must include both a plan for complying with (a)(i) of this subsection, and a contingent plan for complying with (a)(ii) of this subsection in case not all contaminated subsoils can be practicably removed at closure; and
(B) The owner or operator must prepare a contingent post-closure plan under WAC 173-303-610(8) for complying with (b) of this subsection in case not all contaminated subsoils can be practicably removed at closure.
(ii) The cost estimates calculated under WAC 173-303-620 (3) and (5) for closure and post-closure care of an impoundment subject to (c) of this subsection must include the cost of complying with the contingent closure plan and the contingent post-closure plan, but are not required to include the cost of expected closure under (a)(i) of this subsection.
Reserve.
(7) Special requirements for ignitable or reactive waste. Ignitable or reactive waste must not be placed in a surface impoundment, unless the waste and impoundment satisfy all applicable requirements of WAC 173-303-140 (2)(a), and:
(a) The waste is treated, rendered, or mixed before or immediately after placement in the impoundment so that:
(i) The resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under WAC 173-303-090; and
(ii) WAC 173-303-395 (1)(b) is complied with; or
(b) The waste is managed in such a way that it is protected from any material or conditions which may cause it to ignite or react; or
(c) The surface impoundment is used solely for emergencies.
(8) Special requirements for incompatible wastes. Incompatible wastes and materials must not be placed in the same surface impoundment, unless WAC 173-303-395 (1)(b) is complied with.
(9) Special requirements for dangerous wastes F020, F021, F022, F023, F026, and F027.
(a) The wastes F020, F021, F022, F023, F026, or F027 must not be placed in a surface impoundment unless the owner or operator operates the surface impoundment in accordance with a management plan for these wastes that is approved by the department pursuant to the standards set out in this subsection, and in accord with all other applicable requirements of this section. The factors to be considered are:
(i) The volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere;
(ii) The attenuative properties of underlying and surrounding soils or other materials;
(iii) The mobilizing properties of other materials co-disposed with these wastes; and
(iv) The effectiveness of additional treatment, design, or monitoring techniques.
(b) The department may determine that additional design, operating, and monitoring requirements are necessary in order to reduce the possibility of migration of these wastes to ground water, surface water, or air so as to protect human health and the environment.
(10) Action leakage rate.
(a) The department must approve an action leakage rate for surface impoundment units subject to WAC 173-303-650 (2)(j) or (k). The action leakage rate is the maximum design flow rate that the leak detection system (LDS) can remove without the fluid head on the bottom liner exceeding 1 foot. The action leakage rate must include an adequate safety margin to allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction, operation, and location of the LDS, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the LDS, and proposed response actions (e.g., the action leakage rate must consider decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc.).
(b) To determine if the action leakage rate has been exceeded, the owner or operator must convert the weekly or monthly flow rate from the monitoring data obtained under WAC 173-303-650 (4)(d) to an average daily flow rate (gallons per acre per day) for each sump. Unless the department approves a different calculation, the average daily flow rate for each sump must be calculated weekly during the active life and closure period, and if the unit is closed in accordance with WAC 173-303-650 (6)(b), monthly during the post-closure care period when monthly monitoring is required under WAC 173-303-650 (4)(d).
(11) Response actions.
(a) The owner or operator of surface impoundment units subject to subsection (2)(j) or (k) of this section must have an approved response action plan before receipt of waste. The response action plan must set forth the actions to be taken if the action leakage rate has been exceeded. At a minimum, the response action plan must describe the actions specified in (b) of this subsection.
(b) If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator must:
(i) Notify the department in writing of the exceedance within seven days of the determination;
(ii) Submit a preliminary written assessment to the department within fourteen days of the determination, as to the amount of liquids, likely sources of liquids, possible location, size, and cause of any leaks, and short-term actions taken and planned;
(iii) Determine to the extent practicable the location, size, and cause of any leak;
(iv) Determine whether waste receipt should cease or be curtailed, whether any waste should be removed from the unit for inspection, repairs, or controls, and whether or not the unit should be closed;
(v) Determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks; and
(vi) Within thirty days after the notification that the action leakage rate has been exceeded, submit to the department the results of the analyses specified in (b) (iii), (iv), and (v) of this subsection, the results of actions taken, and actions planned. Monthly thereafter, as long as the flow rate in the leak detection system exceeds the action leakage rate, the owner or operator must submit to the department a report summarizing the results of any remedial actions taken and actions planned.
(c) To make the leak and/or remediation determinations in (b)(iii), (iv), and (v) of this subsection, the owner or operator must:
(i) Assess the source of liquids and amounts of liquids by source;
(ii) Conduct a fingerprint, dangerous constituent, or other analyses of the liquids in the leak detection system to identify the source of liquids and possible location of any leaks, and the hazard and mobility of the liquid; and (continued)