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(continued)
These criteria will be used as an initial screening tool in the selection of sites which may be considered by the department for the purpose of managing dangerous waste. A more comprehensive evaluation of locational factors will occur during the department's review of a permit application. The department may deny a permit or impose additional setback distances or other permit requirements if necessary to protect human health and the environment.
(a) Earth. The intent of this subsection is to reduce the potential for the release of dangerous waste into the environment because of structural damage to facilities subject to the hazards identified below. The owner/operator must provide supportive geologic, geotechnical, and soils information.
(i) Seismic risk. All dangerous waste management facilities must be located such that the dangerous waste management unit boundary is located at least five hundred feet from a fault which has had displacement in Holocene times.
(ii) Subsidence. No dangerous waste management facility may be located such that the dangerous waste management unit is within an area of subsidence.
(iii) Slope or soil instability. No dangerous waste management facility may be located such that the dangerous waste management unit is within an area of slope or soil instability, nor in the areas affected by unstable slope or soil conditions.
(b) Air. The intent of this subsection is to reduce the potential for further degradation of air quality in areas currently experiencing air quality impacts.
(i) Incineration facilities may not be located in a Class I area designated in accordance with Section 162 or 164 of the Federal Clean Air Act (under WAC 173-300-030(13)).
(ii) Incineration facilities may not be located in a nonattainment area designated by the department unless compensating emission offset can be achieved.
(iii) Proposed incineration facilities must comply with WAC 173-303-806 (4)(a)(xxii) during the permitting process.
(c) Water. The intent of this subsection is to reduce the potential for contaminating waters of the state in the event of a release of dangerous wastes.
(i) Surface water.
(A) Flood, seiche, and tsunami protection.
(I) No dangerous waste management facility or dangerous waste management unit may be located within the one hundred-year flood plain as indicated in the most current Federal Emergency Management Agency maps.
(II) The owner/operator of a nonland-based facility must identify whether the facility is intended to be located within the five hundred-year flood plain, as indicated in the most current Federal Emergency Management Agency maps. Nonland-based facilities will require special design features so as to prevent flooding of the dangerous waste management unit in the event of a five hundred-year flood.
(III) Land-based facilities may not be located within the five hundred-year flood plain as indicated in the most current Federal Emergency Management Agency maps.
(IV) Dangerous waste management facilities may not be located in areas subject to seiches, or coastal flooding including tsunamis or storm surges as indicated in the most current maps of the National Flood Insurance Program of the Federal Emergency Management Agency.
(B) Perennial surface water bodies.
(I) Nonland-based facilities must be located such that the dangerous waste management unit boundary is at least five hundred feet from a perennial surface water body.
(II) Land-based facilities must be located such that the dangerous waste management unit boundary is at least one-quarter mile from a perennial surface water body.
(C) Surface water supply.
(I) No dangerous waste management facility may be located in a watershed identified in the report submitted to, and approved by, the department of health under the authority of WAC 246-290-135(5), Watershed control.
(II) Nonland-based facilities must be located such that the dangerous waste management unit boundary is at least five hundred feet from the nearest surface water intake for domestic water.
(III) Land-based facilities must be located such that the dangerous waste management unit boundary is at least one-quarter mile from the nearest surface water intake for domestic water.
(ii) Ground water. To the extent feasible, proponents of land-based facilities should seek sites with natural site characteristics which are capable of providing protection of ground water resources. Natural features such as low permeability soils and substrata, relatively simple geologic formations, and high rates of evapotranspiration in relation to the seasonal occurrence of precipitation are preferable for the locations of land-based facilities. Proposed land-based facilities must comply with the contingent ground water protection program, WAC 173-303-806 (4)(a)(xxi), during the permitting process.
(A) Depth to ground water.
(I) Nonland-based facilities may not be located in areas where there is less than ten feet vertical separation between the lowest point of the dangerous waste management unit and the seasonal high water level of the uppermost aquifer of beneficial use.
(II) Land-based facilities may not be located in areas where there is less than fifty feet vertical separation between the lowest point of the dangerous waste management unit and the seasonal highwater level of the uppermost aquifer of beneficial use.
(B) Sole source aquifer. No land-based facilities may be located over an area designated as a sole source aquifer under section 1424(e) of the Federal Safe Drinking Water Act (P.L. 93-523).
(C) Ground water management areas. Owners/operators of facilities must identify whether the proposed facility location is within a ground water management area, as proposed or certified pursuant to RCW 90.44.130. In order to maintain consistency with the purpose and substantive requirements of certified ground water management area plans, the department may require additional protective measures or reject inconsistent projects.
(D) Ground water intakes.
(I) Nonland-based facilities must be located such that the dangerous waste management unit boundary is at least five hundred feet from the nearest ground water intake for domestic water.
(II) Land-based facilities must be located such that the dangerous waste management unit boundary is at least one-quarter mile from the nearest ground water intake for domestic water.
(E) Special protection areas. Land-based facilities must not be located within ground water special protection areas designated by ecology under the authority of chapter 90.48 RCW.
(d) Plants and animals: Intent. To reduce the potential for dangerous waste contaminating plant and animal habitat in the event of a release of dangerous wastes.
(i) Nonland-based facilities must be located such that the dangerous waste management unit boundary is at least five hundred feet from the following areas:
(A) Wetlands;
(B) Designated critical habitat, for federally listed threatened or endangered species, as defined by the Endangered Species Act of 1973 (P.L. 93-205);
(C) Habitat designated by the Washington department of wildlife as habitat essential to the maintenance or recovery of any state listed threatened or endangered wildlife species;
(D) Natural areas which are acquired or voluntarily registered or dedicated by the owner under chapter 79.70 RCW, Natural area preserves; and
(E) State or federally designated wildlife refuge, preserve, or bald eagle protection area.
(ii) Land-based facilities must be located such that the dangerous waste management unit boundary is at least one-quarter mile from those areas specified in item (i) above.
(e) Precipitation. The intent of this subsection is to reduce the potential for contaminating waters and soils of the state in the event of a release of dangerous wastes.
Land-based facilities must not be located in areas having a mean annual precipitation level of greater than one hundred inches. The mean annual precipitation map in the U.S. Geological Survey Water-Resources Investigations Report 84-4279 must be used to determine whether a land-based facility is proposed to be located in such an area.
(7) Criteria for elements of the built environment. The following siting criteria establish locations from which facilities are excluded or which require separation from identified land uses. Unless otherwise stated, setback distances are measured horizontally from the dangerous waste management unit boundary to the identified land use.
These criteria must be used as an initial screening tool in the selection of sites which may be considered by the department for the purpose of managing dangerous waste. A more comprehensive evaluation of locational factors will occur during the department's review of a permit application. The department may deny a permit or impose additional setback distances or other permit requirements if necessary to protect human health and the environment.
(a) Adjacent land use.
(i) Nonland-based facilities must be located such that the dangerous waste management unit boundary is at least two hundred feet from the nearest point of the facility property line.
(ii) Land-based facilities must be located such that the dangerous waste management unit boundary is at least five hundred feet from the nearest point of the facility property line.
(b) Special land uses.
(i) Wild and scenic rivers. Dangerous waste management facilities must not be located within the viewshed of users on wild and scenic rivers designated by the state or federal government.
(ii) Nonland-based facilities must be located such that the dangerous waste management unit boundary is at least five hundred feet from the following:
(A) State or federally designated park, recreation area, or national monument;
(B) Wilderness area as defined by the Wilderness Act of 1964 (P.L. 88-577); and
(C) Land identified as prime farmland at the time a notice of intent is submitted to the department.
(iii) Land-based facilities must be located such that the dangerous waste management unit boundary is at least one-quarter mile from those land uses specified in item (ii) above.
(c) Residences and public gathering places.
(i) Nonland-based facilities with the exception of incineration facilities must be located such that the dangerous waste management unit boundary is at least five hundred feet from residences or public gathering places.
(ii) Incineration and land-based facilities must be located such that the dangerous waste management unit boundary is at least one-quarter mile from residences or public gathering places.
(d) Land use compatibility. Owners/operators of nonpreempted facilities must conform with local land use zoning designation requirements, as approved by the department under chapter 70.105 RCW.
(e) Archeological sites and historic sites. No dangerous waste management facility must be located in an archeological site or historic site designated by the state or federal government.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-03-018 (Order 97-03), § 173-303-282, filed 1/12/98, effective 2/12/98; 95-22-008 (Order 94-30), § 173-303-282, filed 10/19/95, effective 11/19/95; 94-01-060 (Order 92-33), § 173-303-282, filed 12/8/93, effective 1/8/94. Statutory Authority: RCW 43.21A.080 and 70.105.210, et seq. 90-20-016, § 173-303-282, filed 9/21/90, effective 10/22/90.]
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173-303-283
Performance standards.
(1) Purpose. This section provides general performance standards for designing, constructing, operating, and maintaining dangerous waste facilities.
(2) Applicability. This section applies to all dangerous waste facilities permitted under WAC 173-303-800 through173-303-840 . These general performance standards must be used to determine whether more stringent facility standards should be applied than those spelled out in WAC 173-303-280, 173-303-290 through 173-303-400 and 173-303-600 through 173-303-692.
(3) Performance standards. Unless authorized by state, local, or federal laws, or unless otherwise authorized in this regulation, the owner/operator must design, construct, operate, or maintain a dangerous waste facility that to the maximum extent practical given the limits of technology prevents:
(a) Degradation of ground water quality;
(b) Degradation of air quality by open burning or other activities;
(c) Degradation of surface water quality;
(d) Destruction or impairment of flora and fauna outside the active portion of the facility;
(e) Excessive noise;
(f) Conditions that constitute a negative aesthetic impact for the public using rights of ways, or public lands, or for landowners of adjacent properties;
(g) Unstable hillsides or soils as a result of trenches, impoundments, excavations, etc.;
(h) The use of processes that do not treat, detoxify, recycle, reclaim, and recover waste material to the extent economically feasible; and
(i) Endangerment of the health of employees, or the public near the facility.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 03-07-049 (Order 02-03), § 173-303-283, filed 3/13/03, effective 4/13/03; 95-22-008 (Order 94-30), § 173-303-283, filed 10/19/95, effective 11/19/95. Statutory Authority: Chapter 70.105 RCW. 88-18-083 (Order 88-29), § 173-303-283, filed 9/6/88.]
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173-303-290
Required notices.
(1)(a) The facility owner or operator who is receiving dangerous waste from sources outside the United States must notify the appropriate regional office of the department annually, and in writing at least four weeks in advance of the date the first shipment of waste is expected to arrive at the facility. The notification must be in writing, signed by the importer and operator of the receiving facility, and include the following information:
(i) Name, street address, mailing address, and telephone number of the exporter.
(ii) Name, street address, mailing address, telephone number, and EPA/state ID number of the importer and receiving facility.
(iii) A description of the dangerous waste and the EPA/state waste numbers, U.S. DOT proper shipping name, hazard class and ID number (UN\NA) for each hazardous waste as identified in 49 CFR Parts 171 through 177.
(iv) The estimated frequency or rate at which such waste is to be imported and the period of time over which such waste is to be imported.
(v) The estimated total quantity of the dangerous waste in units as specified in the instructions to the Uniform Hazardous Waste Manifest Form (8700-22).
(vi) A description of the manner by which the dangerous waste will be treated, stored, disposed of, or recycled by the receiving facility.
Upon request by the department, the importer and/or receiving facility must furnish to the department any additional information regarding the importation of dangerous waste.
(b) The owner or operator of a recovery facility that has arranged to receive hazardous waste subject to 40 CFR part 262, subpart H (incorporated by reference at WAC 173-303-230(1)) must provide a copy of the tracking document bearing all required signatures to the notifier, to the Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A), Environmental Protection Agency, 1200 Pennsylvania Ave., NW, Washington, DC 20460; and to the competent authorities of all other concerned countries within three working days of receipt of the shipment. The original of the signed tracking document must be maintained at the facility for at least three years.
(2) Before transferring ownership or operation of a facility during its active life or post-closure care period, the owner or operator must notify the new owner or operator in writing of the requirements of this chapter 173-303 WAC.
(3) The owner or operator of a facility that receives dangerous waste from an off-site source (except where the owner or operator is also the generator) must inform the generator in writing that he has the appropriate permit(s) for, and will accept, the waste the generator is shipping. The owner or operator must keep a copy of this written notice as part of the operating record required under WAC 173-303-380(1).
[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW 70.105.007. 04-24-065 (Order 03-10), § 173-303-290, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order 94-30), § 173-303-290, filed 10/19/95, effective 11/19/95; 94-01-060 (Order 92-33), § 173-303-290, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapter 70.105 RCW. 84-09-088 (Order DE 83-36), § 173-303-290, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW 70.95.260. 82-05-023 (Order DE 81-33), § 173-303-290, filed 2/10/82.]
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173-303-300
General waste analysis.
(1) Purpose. This section requires the facility owner or operator to confirm his knowledge about a dangerous waste before he stores, treats, or disposes of it. The purpose for the analysis is to insure that a dangerous waste is managed properly.
(2) The owner or operator must obtain a detailed chemical, physical, and/or biological analysis of a dangerous waste, or nondangerous wastes if applicable under WAC 173-303-610 (4)(d), before they store, treat, or dispose of it. This analysis must contain the information necessary to manage the waste in accordance with the requirements of this chapter. The analysis must include or consist of existing published or documented data on the dangerous waste, or on waste generated from similar processes, or data obtained by testing, or a combination of these.
(a) When an owner or operator relies on knowledge from the generator for waste designation or for this detailed analysis (commonly known as a waste profile) instead of analytical testing of a sample, that information must be documented and must meet the definition of "knowledge" as defined in WAC 173-303-040. To confirm the sufficiency and reliability of the "knowledge" used for the waste profile, the facility must do one or more of the following:
(i) Be familiar with the generator's processes by conducting site visits, and reviewing sampling data and other information provided by the generator to ensure they are adequate for safe management of the waste;
(ii) Ensure waste analysis contained in documented studies on the generator's waste is based on representative and appropriate sampling and test methods;
(iii) Compare the generator's waste generating process to documented studies of similar waste generating processes to ensure the waste profile is accurate and current;
(iv) Obtain other information as predetermined by the department on a case-by-case basis to be equivalent.
(b) As required in WAC 173-303-380 (1)(c), records must be retained containing specific information that show compliance with this subsection for sufficient and reliable information on the waste whether the owner or operator relies on analytical testing of the waste or knowledge from the generator, or a combination of these.
(3) The owner or operator of an off-site facility must confirm, by analysis if necessary, that each dangerous waste received at the facility matches the identity of the waste specified on the accompanying manifest or shipping paper.
(4) Analysis must be repeated as necessary to ensure that it is accurate and current. At a minimum, analysis must be repeated:
(a) When the owner or operator has been notified, or has reason to believe, that the process or operation generating the dangerous waste, or nondangerous wastes if applicable under WAC 173-303-610 (4)(d), has significantly changed; and
(b) When a dangerous waste received at an off-site facility does not match the identity of the waste specified on the manifest or the shipping paper.
(5) Waste analysis plan. The owner or operator must develop and follow a written waste analysis plan which describes the procedures he will use to comply with the waste analysis requirements of subsections (1), (2), (3), and (4) of this section. He must keep this plan at the facility, and the plan must contain at least:
(a) The parameters for which each dangerous waste, or nondangerous waste if applicable under WAC 173-303-610 (4)(d), will be analyzed, and the rationale for selecting these parameters (i.e., how analysis for these parameters will provide sufficient information on the waste's properties to comply with subsections (1) through (4) of this section);
(b) The methods of obtaining or testing for these parameters;
(c) The methods for obtaining representative samples of wastes for analysis (representative sampling methods are discussed in WAC 173-303-110(2));
(d) The frequency with which analysis of a waste will be reviewed or repeated to ensure that the analysis is accurate and current;
(e) The waste analyses which generators have agreed to supply;
(f) Where applicable, the methods for meeting the additional waste analysis requirements for specific waste management methods as specified in WAC 173-303-400(3) which incorporates by reference the regulations in 40 CFR Part 265 Subparts F through R 265.1034, 265.1063(d), 265.1084, 268.4(a) and 268.7 for interim status facilities and in WAC 173-303-140 (4)(b), 173-303-395(1), 173-303-630 through 173-303-670, and 40 CFR 264.1034, 264.1063(d), 264.1083, 268.4(a) and 268.7 for final status facilities;
(g) For off-site facilities, the waste analysis that dangerous waste generators have agreed to supply;
(h) For surface impoundments exempted from land disposal restrictions under 40 CFR 268.4(a), incorporated by reference in WAC 173-303-140(2), the procedures and schedules for:
(i) The sampling of impoundment contents;
(ii) The analysis of test data; and
(iii) The annual removal of residues that are not delisted under 40 CFR 260.22 or which exhibit a characteristic of hazardous waste and either:
(A) Do not meet applicable treatment standards of 40 CFR Part 268, Subpart D; or
(B) Where no treatment standards have been established;
(I) Such residues are prohibited from land disposal under 40 CFR 268.32 or RCRA section 3004(d); or
(II) Such residues are prohibited from land disposal under 40 CFR 268.33(f).
(i) For owners and operators seeking an exemption to the air emission standards of subpart CC in accordance with Sec. 264.1082, incorporated by reference at WAC 173-303-692, or with 265.1083, incorporated by reference at WAC 173-303-400 (3)(a):
(A) If direct measurement is used for the waste determination, the procedures and schedules for waste sampling and analysis, and the results of the analysis of test data to verify the exemption.
(B) If knowledge of the waste is used for the waste determination, any information prepared by the facility owner or operator or by the generator of the hazardous waste, if the waste is received from off-site, that is used as the basis for knowledge of the waste.
(6) For off-site facilities, the waste analysis plan required in subsection (5) of this section must also specify the procedures which will be used to inspect and, if necessary, analyze each movement of hazardous waste received at the facility to ensure that it matches the identity of the waste designated on the accompanying manifest or shipping paper. At a minimum, the plan must describe:
(a) The procedures which will be used to determine the identity of each movement of waste managed at the facility;
(b) The sampling method which will be used to obtain a representative sample of the waste to be identified, if the identification method includes sampling; and
(c) The procedures that the owner or operator of an off-site landfill receiving containerized hazardous waste will use to determine whether a hazardous waste generator or treater has added a biodegradable sorbent to the waste in the container.
Comment: WAC 173-303-806 requires that the waste analysis plan be submitted with Part B of the permit application.
[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW 70.105.007. 04-24-065 (Order 03-10), § 173-303-300, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), § 173-303-300, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-03-018 (Order 97-03), § 173-303-300, filed 1/12/98, effective 2/12/98; 95-22-008 (Order 94-30), § 173-303-300, filed 10/19/95, effective 11/19/95; 94-01-060 (Order 92-33), § 173-303-300, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapter 70.105 RCW. 84-09-088 (Order DE 83-36), § 173-303-300, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW 70.95.260. 82-05-023 (Order DE 81-33), § 173-303-300, filed 2/10/82.]
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173-303-310
Security.
(1) The owner or operator must comply with the requirements of this section, unless he can demonstrate to the department that:
(a) Physical contact with wastes or equipment within the active portion of the facility will not injure persons or livestock; and
(b) Disturbance of the wastes or equipment within the active portion of the facility by persons or livestock will not result in violations of this chapter 173-303 WAC.
(2) A facility must have:
(a) Signs posted at each entrance to the active portion, and at other locations, in sufficient numbers to be seen from any approach to the active portion. Signs must bear the legend, "Danger-unauthorized personnel keep out," or an equivalent legend, written in English, and must be legible from a distance of twenty-five feet or more; and either
(b) A 24-hour surveillance system which continuously monitors and controls entry onto the active portion of the facility; or
(c) An artificial or natural barrier, or a combination of both, which completely surrounds the active portion of the facility, with a means to control access through gates or other entrances to the active portion of the facility at all times.
(3) In lieu of WAC 173-303-310(2), above, the owner or operator of a totally enclosed treatment facility or an elementary neutralization or wastewater treatment unit (as defined in WAC 173-303-040) must prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons or livestock into or onto the totally enclosed treatment facility or the elementary neutralization or wastewater treatment unit.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order 94-30), § 173-303-310, filed 10/19/95, effective 11/19/95. Statutory Authority: Chapter 70.105 RCW. 84-09-088 (Order DE 83-36), § 173-303-310, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW 70.95.260. 82-05-023 (Order DE 81-33), § 173-303-310, filed 2/10/82. Formerly WAC 173-302-290.]
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173-303-320
General inspection.
(1) The owner or operator must inspect his facility to prevent malfunctions and deterioration, operator errors, and discharges which may cause or lead to the release of dangerous waste constituents to the environment, or a threat to human health. The owner or operator must conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment.
(2) The owner or operator must develop and follow a written schedule for inspecting all monitoring equipment, safety and emergency equipment, security devices, and operating and structural equipment that help prevent, detect, or respond to hazards to the public health or the environment. In addition:
(a) The schedule must be kept at the facility;
(b) The schedule must identify the types of problems which are to be looked for during inspections;
(c) The schedule must indicate the frequency of inspection for specific items. The frequency should be based on the rate of possible deterioration of equipment, and the probability of an environmental or human health incident. Areas subject to spills must be inspected daily when in use. At a minimum the inspection schedule must also include the applicable items and frequencies required for the specific waste management methods described in 40 CFR Part 265 Subparts F through R, 265.1033, 265.1052, 265.1053, 265.1058 and 265.1084 through 265.1090, for interim status facilities and in WAC 173-303-630 through 173-303-680, and 40 CFR 264.1033, 264.1052, 264.1053, 264.1058 and 264.1083 through 264.1089 for final status facilities; and
(d) The owner or operator must keep an inspection log or summary, including at least the date and time of the inspection, the printed name and the handwritten signature of the inspector, a notation of the observations made, an account of spills or discharges in accordance with WAC 173-303-145, and the date and nature of any repairs or remedial actions taken. The log or summary must be kept at the facility for at least five years from the date of inspection.
(3) The owner or operator must remedy any problems revealed by the inspection, on a schedule which prevents hazards to the public health and environment. Where a hazard is imminent or has already occurred, remedial action must be taken immediately.
[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW 70.105.007. 04-24-065 (Order 03-10), § 173-303-320, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), § 173-303-320, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order 94-30), § 173-303-320, filed 10/19/95, effective 11/19/95; 94-01-060 (Order 92-33), § 173-303-320, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and RCRA § 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), § 173-303-320, filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. 84-09-088 (Order DE 83-36), § 173-303-320, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW 70.95.260. 82-05-023 (Order DE 81-33), § 173-303-320, filed 2/10/82.]
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173-303-330
Personnel training.
(1) Training program. The facility owner or operator must provide a program of classroom instruction or on-the-job training for facility personnel. This program must teach personnel to perform their duties in a way that ensures the facility's compliance with this chapter 173-303 WAC, must teach facility personnel dangerous waste management procedures (including contingency plan implementation) relevant to the positions in which they are employed, must ensure that facility personnel are able to respond effectively to emergencies, and must include those elements set forth in the training plan required in subsection (2) of this section. In addition:
(a) The training program must be directed by a person knowledgeable in dangerous waste management procedures, and must include training relevant to the positions in which the facility personnel are employed;
(b) Facility personnel must participate in an annual review of the training provided in the training program;
(c) This program must be successfully completed by the facility personnel:
(i) Within six months after these regulations become effective; or
(ii) Within six months after their employment at or assignment to the facility, or to a new position at the facility, whichever is later.
Employees hired after the effective date of these regulations must be supervised until they complete the training program; and
(d) At a minimum, the training program must familiarize facility personnel with emergency equipment and systems, and emergency procedures. The program must include other parameters as set forth by the department, but at a minimum must include, where applicable:
(i) Procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment;
(ii) Key parameters for automatic waste feed cut-off systems;
(iii) Communications or alarm systems;
(iv) Response to fires or explosions;
(v) Response to ground-water contamination incidents; and
(vi) Shutdown of operations.
(2) Written training plan. The owner or operator must develop a written training plan which must be kept at the facility and which must include the following documents and records:
(a) For each position related to dangerous waste management at the facility, the job title, the job description, and the name of the employee filling each job. The job description must include the requisite skills, education, other qualifications, and duties for each position;
(b) A written description of the type and amount of both introductory and continuing training required for each position; and
(c) Records documenting that facility personnel have received and completed the training required by this section. The department may require, on a case-by-case basis, that training records include employee initials or signature to verify that training was received.
(3) Training records. Training records on current personnel must be kept until closure of the facility. Training records on former employees must be kept for at least three years from the date the employee last worked at the facility. Personnel training records may accompany personnel transferred within the same company.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order 94-30), § 173-303-330, filed 10/19/95, effective 11/19/95; 94-01-060 (Order 92-33), § 173-303-330, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapter 70.105 RCW. 84-09-088 (Order DE 83-36), § 173-303-330, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW 70.95.260. 82-05-023 (Order DE 81-33), § 173-303-330, filed 2/10/82. Formerly WAC 173-302-320.]
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173-303-335
Construction quality assurance program.
(1) CQA program.
(a) A construction quality assurance (CQA) program is required for all surface impoundment, waste pile, and landfill units that are required to comply with WAC 173-303-650 (2)(j) and (k), 173-303-660 (2)(j) and (k), and 173-303-665 (2)(h) and (j). The program must ensure that the constructed unit meets or exceeds all design criteria and specifications in the permit. The program must be developed and implemented under the direction of a CQA officer who is a registered professional engineer.
(b) The CQA program must address the following physical components, where applicable:
(i) Foundations;
(ii) Dikes;
(iii) Low-permeability soil liners;
(iv) Geomembranes (flexible membrane liners);
(v) Leachate collection and removal systems and leak detection systems; and
(vi) Final cover systems.
(2) Written CQA plan. The owner or operator of units subject to the CQA program under (a) of this subsection must develop and implement a written CQA plan. The plan must identify steps that will be used to monitor and document the quality of materials and the condition and manner of their installation. The CQA plan must include:
(a) Identification of applicable units, and a description of how they will be constructed.
(b) Identification of key personnel in the development and implementation of the CQA plan, and CQA officer qualifications.
(c) A description of inspection and sampling activities for all unit components identified in subsection (1)(b) of this section, including observations and tests that will be used before, during, and after construction to ensure that the construction materials and the installed unit components meet the design specifications. The description must cover: Sampling size and locations; frequency of testing; data evaluation procedures; acceptance and rejection criteria for construction materials; plans for implementing corrective measures; and data or other information to be recorded and retained in the operating record under WAC 173-303-380.
(3) Contents of program.
(a) The CQA program must include observations, inspections, tests, and measurements sufficient to ensure:
(i) Structural stability and integrity of all components of the unit identified in subsection (1)(b) of this section;
(ii) Proper construction of all components of the liners, leachate collection and removal system, leak detection system, and final cover system, according to permit specifications and good engineering practices, and proper installation of all components (e.g., pipes) according to design specifications;
(iii) Conformity of all materials used with design and other material specifications under WAC 173-303-650, 173-303-660, and 173-303-665.
(b) The CQA program will include test fills for compacted soil liners, using the same compaction methods as in the full scale unit, to ensure that the liners are constructed to meet the hydraulic conductivity requirements of WAC 173-303-650 (2)(j)(i)(B), 173-303-660 (2)(j)(i)(B), and 173-303-665 (2)(h)(i)(B) in the field. Compliance with the hydraulic conductivity requirements must be verified by using in situ testing on the constructed test fill. The department may accept an alternative demonstration, in lieu of a test fill, where data are sufficient to show that a constructed soil liner will meet the hydraulic conductivity requirements of WAC 173-303-650 (2)(j)(i)(B), 173-303-660 (2)(j)(i)(B), and 173-303-665 (2)(h)(i)(B) in the field.
(4) Certification. Waste will not be received in a unit subject to this section until the owner or operator has submitted to the department by certified mail or hand delivery a certification signed by the CQA officer that the approved CQA plan has been successfully carried out and that the unit meets the requirements of WAC 173-303-650 (2)(j) or (k), 173-303-660 (2)(j) or (k), or 173-303-665 (2)(h) or (j); and the procedure in WAC 173-303-810 (14)(a) has been completed. Documentation supporting the CQA officer's certification must be furnished to the department upon request.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order 94-30), § 173-303-335, filed 10/19/95, effective 11/19/95.]
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173-303-340
Preparedness and prevention.
Facilities must be designed, constructed, maintained and operated to minimize the possibility of fire, explosion, or any unplanned sudden or nonsudden release of dangerous waste or dangerous waste constituents to air, soil, or surface or ground water which could threaten the public health or the environment. This section describes preparations and preventive measures which help avoid or mitigate such situations.
(1) Required equipment. All facilities must be equipped with the following, unless it can be demonstrated to the department that none of the hazards posed by waste handled at the facility could require a particular kind of equipment specified below:
(a) An internal communications or alarm system capable of providing immediate emergency instruction to facility personnel;
(b) A device, such as a telephone or a hand-held, two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or state or local emergency response teams;
(c) Portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment, and decontamination equipment; and
(d) Water at adequate volume and pressure to supply water hose streams, foam producing equipment, automatic sprinklers, or water spray systems.
All facility communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, must be tested and maintained as necessary to assure its proper operation in time of emergency.
(2) Access to communications or alarms. Personnel must have immediate access to the signalling devices described in the situations below:
(a) Whenever dangerous waste is being poured, mixed, spread, or otherwise handled, all personnel involved must have immediate access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless such a device is not required in subsection (1) of this section;
(b) If there is ever just one employee on the premises while the facility is operating, he must have immediate access to a device, such as a telephone or a hand-held, two-way radio, capable of summoning external emergency assistance, unless such a device is not required in subsection (1) of this section.
(3) Aisle space. The owner or operator must maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless it can be demonstrated to the department that aisle space is not needed for any of these purposes.
(4) Arrangements with local authorities. The owner or operator must attempt to make the following arrangements, as appropriate for the type of waste handled at his facility and the potential need for the services of these organizations, unless the hazards posed by wastes handled at the facility would not require these arrangements:
(a) Arrangements to familiarize police, fire departments, and emergency response teams with the layout of the facility, properties of dangerous waste handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to and roads inside the facility, and possible evacuation routes;
(b) Arrangements to familiarize local hospitals with the properties of dangerous waste handled at the facility and the types of injuries or illnesses which could result from fires, explosions, or releases at the facility;
(c) Agreements with state emergency response teams, emergency response contractors, and equipment suppliers; and
(d) Where more than one party might respond to an emergency, agreements designating primary emergency authority and agreements with any others to provide support to the primary emergency authority.
(5) Where state or local authorities decline to enter into such arrangements, the owner or operator must document the refusal in the operating record.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order 94-30), § 173-303-340, filed 10/19/95, effective 11/19/95. Statutory Authority: Chapter 70.105 RCW. 84-09-088 (Order DE 83-36), § 173-303-340, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW 70.95.260. 82-05-023 (Order DE 81-33), § 173-303-340, filed 2/10/82.]
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173-303-350
Contingency plan and emergency procedures.
(1) Purpose. The purpose of this section and WAC 173-303-360 is to lessen the potential impact on the public health and the environment in the event of an emergency circumstance, including a fire, explosion, or unplanned sudden or nonsudden release of dangerous waste or dangerous waste constituents to air, soil, surface water, or ground water by a facility. A contingency plan must be developed to lessen the potential impacts of such emergency circumstances, and the plan must be implemented immediately in such emergency circumstances.
(2) Contingency plan. Each owner or operator must have a contingency plan at his facility for use in emergencies or sudden or nonsudden releases which threaten human health and the environment. If the owner or operator has already prepared a spill prevention control and countermeasures (SPCC) plan in accordance with Part 112 of Title 40 CFR or Part 1510 of chapter V, or some other emergency or contingency plan, he need only amend that plan to incorporate dangerous waste management provisions that are sufficient to comply with the requirements of this section and WAC 173-303-360.
(3) The contingency plan must contain the following:
(a) A description of the actions which facility personnel must take to comply with this section and WAC 173-303-360;
(b) A description of the actions which will be taken in the event that a dangerous waste shipment, which is damaged or otherwise presents a hazard to the public health and the environment, arrives at the facility, and is not acceptable to the owner or operator, but cannot be transported, pursuant to the requirements of WAC 173-303-370(5), Manifest system, reasons for not accepting dangerous waste shipments;
(c) A description of the arrangements agreed to by local police departments, fire departments, hospitals, contractors, and state and local emergency response teams to coordinate emergency services as required in WAC 173-303-340(4);
(d) A current list of names, addresses, and phone numbers (office and home) of all persons qualified to act as the emergency coordinator required under WAC 173-303-360(1). Where more than one person is listed, one must be named as primary emergency coordinator, and others must be listed in the order in which they will assume responsibility as alternates. For new facilities only, this list may be provided to the department at the time of facility certification (as required by WAC 173-303-810 (14)(a)(i)), rather than as part of the permit application;
(e) A list of all emergency equipment at the facility (such as fire extinguishing systems, spill control equipment, communications and alarm systems, and decontamination equipment), where this equipment is required. This list must be kept up to date. In addition, the plan must include the location and a physical description of each item on the list, and a brief outline of its capabilities; and
(f) An evacuation plan for facility personnel where there is a possibility that evacuation could be necessary. This plan must describe the signal(s) to be used to begin evacuation, evacuation routes, and alternate evacuation routes.
(4) Copies of contingency plan. A copy of the contingency plan and all revisions to the plan must be:
(a) Maintained at the facility; and
(b) Submitted to all local police departments, fire departments, hospitals, and state and local emergency response teams that may be called upon to provide emergency services.
(5) Amendments. The owner or operator must review and immediately amend the contingency plan, if necessary, whenever:
(a) Applicable regulations or the facility permit are revised;
(b) The plan fails in an emergency;
(c) The facility changes (in its design, construction, operation, maintenance, or other circumstances) in a way that materially increases the potential for fires, explosions, or releases of dangerous waste or dangerous waste constituents, or in a way that changes the response necessary in an emergency;
(d) The list of emergency coordinators changes; or
(e) The list of emergency equipment changes.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-03-018 (Order 97-03), § 173-303-350, filed 1/12/98, effective 2/12/98; 95-22-008 (Order 94-30), § 173-303-350, filed 10/19/95, effective 11/19/95; 94-01-060 (Order 92-33), § 173-303-350, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapter 70.105 RCW. 84-09-088 (Order DE 83-36), § 173-303-350, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW 70.95.260. 82-05-023 (Order DE 81-33), § 173-303-350, filed 2/10/82. Formerly chapter 173-302 WAC.]
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173-303-355
Superfund Amendments and Reauthorization Act Title III coordination.
(1) Owners or operators must coordinate preparedness and prevention planning and contingency planning efforts, conducted under WAC 173-303-340 and 173-303-350, with local emergency planning committees established pursuant to Title III of the 1986 Superfund Amendments and Reauthorization Act.
(2) Appropriate and generally accepted computer models should be utilized to determine the impacts of a potential catastrophic air release due to fire, explosion, or other accidental releases of hazardous constituents. Evacuation plans prepared pursuant to WAC 173-303-350 (3)(d) must include those effected persons and areas identified through these modelling efforts.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order 94-30), § 173-303-355, filed 10/19/95, effective 11/19/95. Statutory Authority: RCW 43.21A.080 and 70.105.210, et seq. 90-20-016, § 173-303-355, filed 9/21/90, effective 10/22/90.]
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173-303-360
Emergencies.
(1) Emergency coordinator. At all times, there must be at least one employee either on the facility premises or on call (that is, available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures. This emergency coordinator must be thoroughly familiar with all aspects of the facility's contingency plan, required by WAC 173-303-350(2), all operations and activities at the facility, the location and properties of all wastes handled, the location of all records within the facility, and the facility layout. In addition, this person must have the authority to commit the resources needed to carry out the contingency plan. (continued)