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(continued)
(d) Owners and operators of all categorically exempt energy recovery facilities shall:
(i) Comply with the performance standards of WAC 173-350-040;
(ii) Ensure that only fuels approved in writing by the agency with jurisdiction over the facility for air quality regulation are combusted;
(iii) Allow department and jurisdictional health department representatives to inspect the facility at reasonable times for the purpose of determining compliance with this chapter; and
(iv) Ensure that wastewater treatment sludge generated from the manufacturing of wood pulp or paper is combusted only in energy recovery units at the facility from which it originates.
(2) Energy recovery and incineration facilities - Location standards. There are no specific location standards for energy recovery or incineration facilities subject to this chapter; however, energy recovery and incineration facilities must meet the requirements provided under WAC 173-350-040(5).
(3) Energy recovery and incineration facilities - Design standards. There are no specific design standards for energy recovery or incineration facilities subject to this chapter; however, energy recovery and incineration facilities must meet the requirements provided under WAC 173-350-040(5).
(4) Energy recovery and incineration facilities - Operating standards. The owner or operator of an energy recovery or incineration facility shall:
(a) Operate the facility to:
(i) Confine solid wastes prior to and after processing to specifically designed piles, surface impoundments, tanks or containers meeting the applicable standards of this chapter. Storage of wastes other than in the specifically designed storage compartments is prohibited. Equipment and space shall be provided in the storage and charging areas, and elsewhere as needed, to allow periodic cleaning as required to maintain the plant in a sanitary and clean condition;
(ii) Handle solid wastes, including combustion residues, in a manner that complies with this chapter;
(iii) Provide recyclable material collection at all facilities that accept municipal solid waste from the general public, self-haul residential, or commercial waste generators; and
(iv) Ensure that dangerous waste is not disposed, treated, stored or otherwise handled, unless the requirements of chapter 173-303 WAC, Dangerous waste regulations, are met.
(b) Inspect the facility to prevent malfunctions and deterioration, operator errors and discharges that may lead to the release of wastes to the environment or cause a threat to human health. The owner or operator shall conduct these inspections as needed, but at least weekly, unless an alternate schedule is approved by the jurisdictional health department as part of the permitting process.
(c) Maintain daily operating records on the weights and types of wastes received, and number of vehicles delivering waste to the facility. Facility inspection reports shall be maintained in the operating record. Significant deviations from the plan of operation shall also be noted on the operating record. Records shall be maintained for a minimum of five years and shall be available upon request by the jurisdictional health department.
(d) Prepare and submit a copy of an annual report to the jurisdictional health department and the department by April 1st of each year on forms supplied by the department. The annual report shall detail the facility's activities during the previous calendar year and shall include the following information:
(i) Name and address of the facility;
(ii) Calendar year covered by the report;
(iii) Annual quantity of each type of solid waste received and incinerated, in tons if available;
(iv) Annual quantity, type and destination of solid waste bypassed, in tons;
(v) Annual quantity of ash disposed and disposal location, in tons; and
(vi) Any additional information required by the jurisdictional health department as a condition of the permit.
(e) Develop, keep and abide by a plan of operation approved as part of the permitting process. The plan shall describe the facility's operation and shall convey to site operating personnel the concept of operation intended by the designer. The plan of operation shall be available for inspection at the request of the jurisdictional health department. If necessary, the plan shall be modified with the approval, or at the direction of the jurisdictional health department. Each plan of operation shall include the following:
(i) A description of the types of solid wastes to be handled at the facility;
(ii) How solid wastes are to be handled on-site during the facility's active life, including alternative storage, and/or disposal plans for all situations that would result in overfilling of the storage facility;
(iii) A description of how equipment, structures and other systems, including leachate collection and gas collection equipment, are to be inspected and maintained, including the frequency of inspection and inspection logs;
(iv) Safety, fire and emergency plans including:
(A) Actions to take if there is a fire or explosion;
(B) Actions to take if leaks are detected;
(C) Remedial action programs to be implemented in case of a release of hazardous substances to the environment;
(D) Actions to take for other releases (e.g., failure of runoff containment system);
(v) Forms used to record volumes or weights;
(vi) Other such details to demonstrate that the facility will be operated in accordance with this chapter and as required by the jurisdictional health department.
(5) Energy recovery and incineration facilities - Ground water monitoring requirements. There are no specific ground water monitoring requirements for energy recovery and incineration facilities subject to this chapter; however, energy recovery and incineration facilities must meet the requirements provided under WAC 173-350-040(5).
(6) Energy recovery and incineration facilities - Closure requirements. The owner or operator of an energy recovery or incineration facility shall:
(a) Notify the jurisdictional health department one hundred eighty days in advance of closure. At the time of closure all solid waste shall be removed to a facility that conforms with the applicable regulations for handling the waste.
(b) Develop, keep and abide by a closure plan approved by the jurisdictional health department as part of the permitting process. At a minimum, the closure plan shall include the methods of removing waste.
(7) Energy recovery and incineration facilities - Environmental impact statement required. In accordance with RCW 70.95.700, no solid waste energy recovery or incineration facility shall be operated prior to the completion of an environmental impact statement containing the considerations required under RCW 43.21C.030 (2)(c) and prepared pursuant to the procedures of chapter 43.21C RCW, State Environmental Policy Act.
(8) Energy recovery and incineration facilities - Financial assurance requirements. There are no specific financial assurance requirements for energy recovery facilities and incineration facilities subject to this chapter; however, energy recovery and incineration facilities must meet the requirements provided under WAC 173-350-040(5).
(9) Energy recovery and incineration facilities - Permit application contents. The owner or operator of an energy recovery or incineration facility shall obtain a solid waste permit from the jurisdictional health department. All applications for permits shall be in accordance with the procedures established in WAC 173-350-710. In addition to the requirements of WAC 173-350-710 and 173-350-715, each permit application shall contain:
(a) Preliminary engineering reports/plans and specifications that address:
(i) The design of the storage and handling facilities on-site for incoming waste as well as fly ash, bottom ash and any other wastes produced by air or water pollution controls; and
(ii) The design of the incinerator or thermal treater, including charging or feeding systems, combustion air systems, combustion or reaction chambers, including heat recovery systems, ash handling systems, and air pollution and water pollution control systems. Instrumentation and monitoring systems design shall also be included.
(b) A plan of operation that addresses the requirements of subsection (4) of this section; and
(c) A closure plan meeting the requirements of subsection (6) of this section.
[Statutory Authority: Chapter 70.95 RCW. 03-03-043 (Order 99-24), § 173-350-240, filed 1/10/03, effective 2/10/03.]
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173-350-300
On-site storage, collection and transportation standards.
(1) On-site storage, collection and transportation standards - Applicability. This section is applicable to the temporary storage of solid waste in a container at a premises, business establishment, or industry and the collecting and transporting of the solid waste.
(2) On-site storage.
(a) The owner or occupant of any premises, business establishment, or industry shall be responsible for the safe and sanitary storage of all containerized solid wastes accumulated at those premises.
(b) The owner, operator, or occupant of any premises, business establishment, or industry shall store solid wastes in containers that meet the following requirements:
(i) Disposable containers shall be sufficiently strong to allow lifting without breakage and shall be thirty-two gallons in capacity or less where manual handling is practiced;
(ii) Reusable containers, except for detachable containers, shall be:
(A) Rigid and durable;
(B) Corrosion resistant;
(C) Nonabsorbent and water tight;
(D) Rodent-proof and easily cleanable;
(E) Equipped with a close-fitting cover;
(F) Suitable for handling with no sharp edges or other hazardous conditions; and
(G) Equal to or less than thirty-two gallons in volume where manual handling is practiced;
(iii) Detachable containers shall be durable, corrosion-resistant, nonabsorbent, nonleaking and have either a solid cover or screen cover to prevent littering.
(3) Collection and transportation standards.
(a) All persons collecting or transporting solid waste shall avoid littering at the loading point, during transport and during proper unloading of the solid waste.
(b) Vehicles or containers used for the collection and transportation of solid waste shall be tightly covered or screened where littering may occur, durable and of easily cleanable construction. Where garbage is being collected or transported, containers shall be cleaned as necessary to prevent nuisance odors and insect breeding and shall be maintained in good repair.
(c) Vehicles or containers used for the collection and transportation of any solid waste shall be loaded and moved in such manner that the containers will not fail, and the contents will not spill or leak. Where such spillage or leakage does occur the waste shall be picked up immediately by the collector or transporter and returned to the vehicle or container and the area properly cleaned.
(d) All persons commercially collecting or transporting solid waste shall inspect collection and transportation vehicles at least monthly. Inspection records shall be maintained at the facility normally used to park such vehicles or such other location that maintenance records are kept. Such records shall be kept for a period of at least two years, and be made available upon the request of the jurisdictional health department.
[Statutory Authority: Chapter 70.95 RCW. 03-03-043 (Order 99-24), § 173-350-300, filed 1/10/03, effective 2/10/03.]
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173-350-310
Intermediate solid waste handling facilities.
(1) Intermediate solid waste handling facilities - Applicability. This section is applicable to any facility engaged in solid waste handling that provides intermediate storage and/or processing prior to transport for final disposal. This includes, but is not limited to, material recovery facilities, transfer stations, baling and compaction sites, and drop box facilities. This section is not applicable to:
(a) Storage, treatment or recycling of solid waste in piles which are subject to WAC 173-350-320;
(b) Storage or recycling of solid waste in surface impoundments which are subject to WAC 173-350-330;
(c) Composting facilities subject to WAC 173-350-220;
(d) Recycling which is subject to WAC 173-350-210;
(e) Storage of waste tires which is subject to WAC 173-350-350;
(f) Storage of moderate risk waste prior to recycling which is subject to WAC 173-350-360;
(g) Energy recovery or incineration of solid waste which is subject to WAC 173-350-240; and
(h) Drop boxes placed at the point of waste generation which is subject to WAC 173-350-300.
(2) Materials recovery facilities - Permit exemption and notification.
(a) In accordance with RCW 70.95.305, material recovery facilities managed in accordance with the terms and conditions of (b) of this subsection are exempt from solid waste handling permitting. An owner or operator that does not comply with the terms and conditions of (b) of this subsection is required to obtain a permit from the jurisdictional health department as an intermediate solid waste handling facility and shall comply with the requirements of WAC 173-350-310. In addition, violations of the terms and conditions of (b) of this subsection may be subject to the penalty provisions of RCW 70.95.315.
(b) Material recovery facilities shall be managed according to the following terms and conditions to maintain their exempt status:
(i) Meet the performance standards of WAC 173-350-040;
(ii) Accept only source separated recyclable materials and dispose of an incidental and accidental residual not to exceed five percent of the total waste received, by weight per year, or ten percent by weight per load;
(iii) Allow inspections by the department or jurisdictional health department at reasonable times;
(iv) Notify the department and jurisdictional health department, thirty days prior to operation, or ninety days from the effective date of the rule for existing facilities, of the intent to operate a material recovery facility in accordance with this section. Notification shall be in writing, and shall include:
(A) Contact information for facility owner or operator;
(B) A general description of the facility; and
(C) A description of the types of recyclable materials managed at the facility;
(v) Prepare and submit an annual report to the department and the jurisdictional health department by April 1st on forms supplied by the department. The annual report shall detail facility activities during the previous calendar year and shall include the following information:
(A) Name and address of the facility;
(B) Calendar year covered by the report;
(C) Annual quantities and types of waste received, recycled and disposed, in tons, for purposes of determining progress towards achieving the goals of waste reduction, waste recycling, and treatment in accordance with RCW 70.95.010(4); and
(D) Any additional information required by written notification of the department.
(3) Intermediate solid waste handling facilities - Location standards. There are no specific location standards for intermediate solid waste handling facilities subject to this chapter; however, intermediate solid waste handling facilities must meet the requirements provided under WAC 173-350-040(5).
(4) Intermediate solid waste handling facilities - Design standards. The owner or operator of all intermediate solid waste handling facilities shall prepare engineering reports/plans and specifications to address the following design standards:
(a) Material recovery facilities, transfer stations, baling and compaction sites shall:
(i) Control public access, and prevent unauthorized vehicular traffic and illegal dumping of waste;
(ii) Be sturdy and constructed of easily cleanable materials;
(iii) Provide effective means to control rodents, insects, birds and other vectors;
(iv) Provide effective means to control litter;
(v) Provide protection of the tipping floor from wind, rain or snow;
(vi) Provide pollution control measures to protect surface and ground waters, including runoff collection and discharge designed to handle a twenty-five-year storm as defined in WAC 173-350-100, and equipment cleaning and washdown water;
(vii) Provide pollution control measures to protect air quality; and
(viii) Provide all-weather surfaces for vehicular traffic.
(b) Drop boxes shall be constructed of durable watertight materials with a lid or screen on top that prevents the loss of materials during transport and access by rats and other vectors, and control litter.
(5) Intermediate solid waste handling facilities - Operating standards. The owner or operator of an intermediate solid waste handling facility shall:
(a) Operate the facility to:
(i) For material recovery facilities transfer stations, bailing and compaction sites:
(A) Be protective of human health and the environment;
(B) Prohibit the disposal of dangerous waste and other unacceptable waste;
(C) Control rodents, insects, and other vectors;
(D) Control litter;
(E) Prohibit scavenging;
(F) Prohibit open burning;
(G) Control dust;
(H) For putrescible waste, control nuisance odors;
(I) Provide attendant(s) on-site during hours of operation;
(J) Have a sign that identifies the facility and shows at least the name of the site, and, if applicable, hours during which the site is open for public use, what materials the facility does not accept and other necessary information posted at the site entrance; and
(K) Have communication capabilities to immediately summon fire, police, or emergency service personnel in the event of an emergency.
(ii) For drop box facilities:
(A) Be serviced as often as necessary to ensure adequate dumping capacity at all times. Storage of waste outside the drop boxes is prohibited;
(B) Be protective of human health and the environment;
(C) Control rodents, insects, and other vectors;
(D) Control litter;
(E) Prohibit scavenging;
(F) Control dust;
(G) For putrescible waste, control nuisance odors; and
(H) Have a sign that identifies the facility and shows at least the name of the site, and, if applicable, hours during which the site is open for public use, what materials the facility does not accept and other necessary information posted at the site entrance;
(b) Inspect and maintain the facility to prevent deterioration or the release of wastes to the environment that could pose a threat to human health. Inspection shall be as needed, but at least weekly, unless an alternate schedule is approved by the jurisdictional health department as part of the permitting process;
(c) Maintain daily operating records on the weights and types of wastes received or removed from the facility. Facility inspection reports shall be maintained in the operating record. Significant deviations from the plan of operation shall be noted in the operating record. Records shall be kept for a minimum of five years and shall be available upon request by the jurisdictional health department;
(d) Prepare and submit a copy of an annual report to the jurisdictional health department and the department by April 1st on forms supplied by the department. The annual report shall detail the facility's activities during the previous calendar year and shall include the following information:
(i) Name and address of the facility;
(ii) Calendar year covered by the report;
(iii) Annual quantity of each type of solid waste handled by the facility, in tons;
(iv) Destination of waste transported from the facility for processing or disposal; and
(v) Any additional information required by the jurisdictional health department as a condition of the permit.
(e) Develop, keep and abide by a plan of operation approved as part of the permitting process. The plan shall describe the facility's operation and shall convey to site operating personnel the concept of operation intended by the designer. The plan of operation shall be available for inspection at the request of the jurisdictional health department. If necessary, the plan shall be modified with the approval, or at the direction of the jurisdictional health department. Each plan of operation shall include the following:
(i) A description of the types of solid wastes to be handled at the facility;
(ii) A description of how solid wastes are to be handled on-site during the facility's life, including maximum facility capacity, methods of adding or removing waste from the facility and equipment used;
(iii) A description of the procedures used to ensure that dangerous waste and other unacceptable waste are not accepted at the facility;
(iv) Safety and emergency plans;
(v) A description of how equipment, structures and other systems are to be inspected and maintained, including the frequency of inspection and inspection logs;
(vi) For putrescible wastes, an odor management plan describing the actions to be taken to control nuisance odors;
(vii) The forms used to record volumes or weights; and
(viii) Other such details to demonstrate that the facility will be operated in accordance with this subsection and as required by the jurisdictional health department.
(6) Intermediate solid waste handling facilities - Ground water monitoring requirements. There are no specific ground water monitoring requirements for intermediate solid waste handling facilities subject to this chapter; however, intermediate solid waste handling facilities must meet the requirements provided under WAC 173-350-040(5).
(7) Intermediate solid waste handling facilities - Closure requirements. The owner or operator of an intermediate solid waste handling facility shall:
(a) Notify the jurisdictional health department one hundred eighty days in advance of closure. All waste shall be removed to a facility that conforms with the applicable regulations for handling the waste.
(b) Develop, keep and abide by a closure plan approved by the jurisdictional health department as part of the permitting process. At a minimum, the closure plan shall include the methods of removing waste.
(8) Intermediate solid waste handling facilities - Financial assurance. There are no specific financial assurance requirements for intermediate solid waste handling facilities subject to this chapter; however, intermediate solid waste handling facilities must meet the requirements provided under WAC 173-350-040(5).
(9) Intermediate solid waste handling facilities - Permit application contents. The owner or operator of an intermediate solid waste handling facility shall obtain a solid waste permit from the jurisdictional health department. All applications for permits shall be submitted in accordance with the procedures established in WAC 173-350-710. In addition to the requirements of WAC 173-350-710 and 173-350-715, each application for a permit shall contain:
(a) For material recovery facilities, transfer stations, baling and compaction sites:
(i) Engineering reports/plans and specifications that address the design standards of subsection (4)(a) of this section;
(ii) A plan of operation meeting the applicable requirements of subsection (5) of this section;
(iii) A closure plan meeting the requirements of subsection (7) of this section;
(b) For drop boxes:
(i) Engineering reports/plans and specifications that address the design standards of subsection (4)(b) of this section;
(ii) A plan of operation meeting the applicable requirements of subsection (5) of this section; and
(iii) A closure plan meeting the requirements of subsection (7) of this section.
[Statutory Authority: Chapter 70.95 RCW. 03-03-043 (Order 99-24), § 173-350-310, filed 1/10/03, effective 2/10/03.]
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173-350-320
Piles used for storage or treatment.
(1) Piles used for storage or treatment - Applicability.
(a) This section is applicable to solid waste stored or treated in piles where putrescible waste piles that do not contain municipal solid waste are in place for more than three weeks, nonputrescible waste and contaminated soils and dredged material piles are in place for more than three months and municipal solid waste piles are in place for more than three days. This section is not applicable to:
(i) Waste piles located at composting facilities subject to WAC 173-350-220 that are an integral part of the facility's operation;
(ii) Piles of nonputrescible waste stored in enclosed buildings provided that no liquids or liquid waste are added to the pile; and
(iii) Piles of waste tires or used tires subject to WAC 173-350-350.
(b) In accordance with RCW 70.95.305, storage piles of wood waste used for fuel or as a raw material, wood derived fuel, and agricultural wastes on farms, are subject solely to the requirements of (c)(i) through (iii) of this subsection and are exempt from solid waste handling permitting. An owner or operator that does not comply with the terms and conditions of (c)(i) through (iii) of this subsection is required to obtain a permit from the jurisdictional health department and shall comply with all other applicable requirements of this chapter. In addition, violations of the terms and conditions of (c)(i) through (iii) of this subsection may be subject to the penalty provisions of RCW 70.95.315.
(c) Owners and operators of all storage piles that are categorically exempt from solid waste handling permitting in accordance with (b) of this subsection shall:
(i) Ensure that at least fifty percent of the material stored in the pile is used within one year and all material is used within three years;
(ii) Comply with the performance standards of WAC 173-350-040; and
(iii) Allow department and jurisdictional health department representatives to inspect the waste pile at reasonable times for the purpose of determining compliance with this chapter.
(d) In accordance with RCW 70.95.305, the storage of inert waste in piles is subject solely to the requirements of (e)(i) through (vi) of this subsection and are exempt from solid waste handling permitting. The storage of inert waste in piles at a facility with a total volume of two hundred fifty cubic yards or less is subject solely to the requirements of (e)(iv) of this subsection. An owner or operator that does not comply with the terms and conditions of (e)(i) through (vi) of this subsection is required to obtain a permit from the jurisdictional health department and shall comply with all other applicable requirements of this chapter. In addition, violations of the terms and conditions of (e)(i) through (vi) may be subject to the penalty provisions of RCW 70.95.315.
(e) Owners and operators of all storage piles that are categorically exempt from solid waste handling permitting in accordance with (d) of this subsection shall:
(i) Implement and abide by a procedure that is capable of detecting and preventing noninert wastes from being accepted or mixed with inert waste;
(ii) Ensure that at least fifty percent of the material stored in the pile is used within one year and all the material is used within three years;
(iii) Control public access and unauthorized vehicular traffic to prevent illegal dumping of wastes;
(iv) Comply with the performance standards of WAC 173-350-040;
(v) Allow department and jurisdictional health department representatives to inspect the waste pile at reasonable times for the purpose of determining compliance with this chapter; and
(vi) Notify the department and jurisdictional health department thirty days prior to commencing operations of the intent to store inert waste in accordance with this section. Notification shall be in writing, and shall include:
(A) Contact information for the owner or operator;
(B) A general description and location of the facility; and
(C) A description of the inert waste handled at the facility.
(2) Piles used for storage or treatment - Location standards. There are no specific location standards for piles subject to this chapter; however, waste piles must meet the requirements provided under WAC 173-350-040(5).
(3) Piles used for storage or treatment - Design standards.
(a) The owner or operator of piles used for storage or treatment shall prepare engineering reports/plans and specifications, including a construction quality assurance plan, to address the design standards of this subsection. The maximum waste capacity, elevation and boundaries of the waste pile shall be provided. Piles shall be designed and constructed to:
(i) Control public access;
(ii) Comply with the uniform fire code as implemented through the local fire control agency;
(iii) Minimize vector harborage to the extent practicable; and
(iv) Provide all-weather approach roads and exits.
(b) In addition to the requirements of (a) of this subsection, the owner or operator of piles of putrescible waste, contaminated soils or dredged material or waste determined by the jurisdictional health department to be likely to produce leachate posing a threat to human health or the environment shall prepare engineering reports/plans and specifications of the surface on which the pile(s) will be placed including an analysis of the surface under the stresses expected during operations, and the design of the surface water management systems including run-on prevention and runoff conveyance, storage, and treatment. The piles shall be designed and constructed to:
(i) Place waste on a sealed surface, such as concrete or asphaltic concrete, to prevent soil and ground water contamination. The surface shall be durable enough to withstand material handling practices. The jurisdictional health department may approve other types of surfaces, such as engineered soil, if the applicant can demonstrate that the proposed surface will prevent soil and ground water contamination; and
(ii) Control run-on and runoff from a twenty-five-year storm, as defined in WAC 173-350-100.
(4) Piles used for storage or treatment - Operating standards. The owner or operator of piles used for storage or treatment shall:
(a) Operate the facility to:
(i) Control fugitive dust;
(ii) Control access to the pile;
(iii) Ensure that nonpermitted waste is not accepted at the facility;
(iv) Control vector harborage and implement vector control as necessary;
(v) Ensure that waste piles capable of attracting birds do not pose an aircraft safety hazard; and
(vi) For piles of putrescible waste and contaminated soils or dredged material, control nuisance odors.
(b) Inspect and maintain the facility to prevent malfunctions, deterioration, operator errors and discharges that may cause or lead to the release of wastes to the environment or a threat to human health. Inspections shall include the engineered surface on which the piles are placed, and the leachate and stormwater control systems. Inspections shall be as needed, but at least weekly, to ensure it is meeting the operational standards, unless an alternate schedule is approved by the jurisdictional health department as part of the permitting process;
(c) Maintain daily operating records on the weights and the types of waste received or removed from the facility. Facility inspection reports shall be maintained in the operating record. Significant deviations from the plan of operation shall be noted in the operating record. Records shall be kept for a minimum of five years and shall be available upon request by the jurisdictional health department;
(d) Shall prepare and submit a copy of an annual report to the jurisdictional health department and the department by April 1st on forms supplied by the department. The annual report shall detail the facility's activities during the previous calendar year and shall include the following information:
(i) Name and address of the facility;
(ii) Calendar year covered by the report;
(iii) Annual quantity and type of solid waste handled by the facility, including amounts received, amounts removed and the amount of waste remaining at the facility at year's end, in tons; and
(iv) Any additional information required by the jurisdictional health department as a condition of the permit.
(e) Develop, keep and abide by a plan of operation approved as part of the permitting process. The plan shall describe the facility's operation and shall convey to the site operating personnel that concept of operation intended by the designer. The plan of operation shall be available for inspection at the request of the jurisdictional health department. If necessary, the plan shall be modified with the approval, or at the direction of the jurisdictional health department. Each plan of operation shall include the following:
(i) A description of the types of solid waste to be handled at the facility;
(ii) A description of how solid wastes are to be handled on-site during the facility's life including:
(A) The maximum amount of waste to be stored or treated in pile(s) at the facility;
(B) Methods of adding and removing waste from the pile and equipment used;
(iii) A description of how equipment, structures and other systems are to be inspected and maintained, including the frequency of inspection and inspection logs;
(iv) Safety and emergency plans;
(v) Forms to record weights or volumes; and
(vi) Other such details to demonstrate that the facility will be operated in accordance with this subsection and as required by the jurisdictional health department.
(f) Operate the facility in conformance with the following operating standards when storing or treating contaminated soils or dredged material:
(i) Ensure that all soils and dredged material are sufficiently characterized:
(A) Prior to storage or treatment so that contaminants not identified, or at concentrations greater than those provided in the approved plan of operation are not accepted or handled at the facility; and
(B) Prior to removal to an off-site location so that all soils and dredged material that are not clean soils or dredged material are delivered to a facility that meets the requirements of chapter 70.95 RCW, Solid waste management -- Reduction and recycling;
(ii) In addition to the daily operating records in (c) of this subsection, a record of the source of contaminated soils and dredged material received at the facility, contaminants and concentrations contained, and any documentation used to characterize soils and dredged material. Records shall be maintained of end uses, including the location of final placement, for any soils or dredged material removed from the facility that contain residual contaminants;
(iii) In addition to the elements in (e) of this subsection, the plan of operation shall include:
(A) A description of contaminants and concentrations in soils and dredged material that will be handled at the facility;
(B) A sampling and analysis plan and other procedures used to characterize soils and dredged material; and
(C) Forms used to record the source of contaminated soils or dredged material, contaminant concentrations and other documentation used to characterize soils and dredged material, and end uses and the location of final placement for any soils or dredged material removed from the facility that contain residual contaminants;
(iv) Treatment of contaminated soils and dredged materials shall be performed using a process that reduces or eliminates contaminants and harmful characteristics. Contaminated soils and dredged materials shall not be diluted to meet treatment goals or as a substitute for disposal, except for incidental dilution of minor contaminants.
(5) Piles used for storage or treatment - Ground water monitoring requirements. There are no specific ground water monitoring requirements for piles used for storage and treatment subject to this chapter; however, waste piles must meet the requirements provided under WAC 173-350-040(5).
(6) Piles used for storage or treatment - Closure requirements. The owner or operator of piles used for storage or treatment shall:
(a) Notify the jurisdictional health department sixty days in advance of closure. All waste shall be removed from the pile at closure to a facility that conforms with the applicable regulations for handling the waste.
(b) Develop, keep and abide by a closure plan approved by the jurisdictional health department as part of the permitting process. As a minimum, the closure plan shall include the methods of removing waste.
(7) Piles used for storage or treatment - Financial assurance requirements. There are no specific financial assurance requirements for piles used for storage or treatment subject to this regulation chapter; however, waste piles must meet the requirements provided under WAC 173-350-040(5).
(8) Piles used for storage or treatment - Permit application contents. The owner or operator of piles used for storage or treatment shall obtain a permit from the jurisdictional health department.
All applications for permits shall be submitted in accordance with the procedures established in WAC 173-350-710. In addition to the requirements of WAC 173-350-710 and 173-350-715, each application for a permit shall contain:
(a) The design of fire control features;
(b) Engineering reports/plans and specifications that address the design standards of subsection (3) of this section;
(c) A plan of operation meeting the requirements of subsection (4) of this section; and
(d) A closure plan meeting the requirements of subsection (6) of this section.
(9) Piles used for storage or treatment - Construction records. The owner or operator of piles used for storage or treatment shall provide copies of the construction record drawings for engineered facilities at the site and a report documenting facility construction, including the results of observations and testing carried out as part of the construction quality assurance plan, to the jurisdictional health department and the department. Facilities shall not commence operation until the jurisdictional health department has determined that the construction was completed in accordance with the approved engineering report/plans and specifications and has approved the construction documentation in writing.
[Statutory Authority: Chapter 70.95 RCW. 03-03-043 (Order 99-24), § 173-350-320, filed 1/10/03, effective 2/10/03.]
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173-350-330
Surface impoundments and tanks.
(1) Surface impoundments and tanks - Applicability.
(a) These standards are applicable to:
(i) Surface impoundments holding solid waste associated with solid waste facilities including, but not limited to, leachate lagoons associated with landfills permitted under this chapter and chapter 173-351 WAC, Criteria for municipal solid waste landfills, and surface impoundments associated with recycling, and piles used for storage or treatment;
(ii) Above or below ground tanks with a capacity greater than one thousand gallons holding solid waste associated with solid waste handling facilities used to store or treat liquid or semisolid wastes or leachate associated with solid waste handling facilities.
(b) These standards are not applicable to:
(i) Surface impoundments or tanks whose facilities are regulated under local, state or federal water pollution control permits;
(ii) Leachate holding ponds at compost facilities regulated under WAC 173-350-220;
(iii) Septic tanks receiving only domestic sewage from facilities at the site;
(iv) Agricultural waste managed according to a farm management plan written in conjunction with the local conservation district;
(v) Underground storage tanks subject to chapter 173-360 WAC, Underground storage tanks; and
(vi) Tanks used to store moderate risk waste subject to WAC 173-350-360.
(2) Surface impoundments and tanks - Location standards.
Surface impoundments and tanks shall not be located in unstable areas unless the owner or operator demonstrates that engineering measures have been incorporated in the facility's design to ensure that the integrity of the liners, monitoring system and structural components will not be disrupted. The owner or operator shall place the demonstration in the application for a permit.
(3) Surface impoundments and tanks - Design standards.
(a) The owner or operator of a surface impoundment shall prepare engineering reports/plans and specifications, including a construction quality assurance plan, to address the design standards of this subsection. In determining pond capacity, volume calculations shall be based on the facility design, monthly water balance, and precipitation data. All surface impoundments shall be designed and constructed to meet the following requirements:
(i) Have a liner consisting of a minimum 30-mil thickness geomembrane overlying a structurally stable foundation to support the liners and the contents of the impoundment. (HDPE geomembranes used as primary liners or leak detection liners shall be at least 60-mil thick to allow for proper welding.) The jurisdictional health department may approve the use of alternative designs if the owner or operator can demonstrate during the permitting process that the proposed design will prevent migration of solid waste constituents or leachate into the ground or surface waters at least as effectively as the liners described in this subsection.
(ii) Have a ground water monitoring system which complies with the requirements of WAC 173-350-500 or a leak detection layer. If a leak detection layer is used, it shall consist of an appropriate drainage layer underlain by a geomembrane of at least 30-mil thickness.
(iii) Have embankments and slopes designed to maintain structural integrity under conditions of a leaking liner and capable of withstanding erosion from wave action, overfilling, or precipitation.
(iv) Have freeboard equal to or greater than eighteen inches to provide protection against wave action, overfilling, or precipitation. During the permitting process the jurisdictional health department may reduce the freeboard requirement provided that other specified engineering controls are in place which prevent overtopping.
(v) When constructed with a single geomembrane liner, the liner shall be tested using an electrical leak location evaluation capable of detecting a hole 3 millimeters in its longest dimension or other equivalent postconstruction test method prior to being placed in service. Results of the test shall be submitted with the construction record drawings.
(vi) Surface impoundments that have the potential to impound more than ten-acre feet (three million two hundred fifty-nine thousand gallons) of liquid measured from the top of the embankment and which would be released by a failure of the containment embankment shall be reviewed and approved by the dam safety section of the department.
(vii) No surface impoundment liner shall be constructed such that the bottom of the lowest component is less than five feet (one and one-half meters) above the seasonal high level of ground water unless the owner or operator can demonstrate during the permitting procedure that the proposed design will not be affected by contact with ground water. All surface impoundment liners shall be constructed such that the bottom of the lowest component is above the seasonal high level of ground water. For the purpose of this section, ground water includes any water-bearing unit which is horizontally and vertically extensive, hydraulically recharged, and volumetrically significant.
(b) The owner or operator of a tank used to store or treat liquid or semisolid wastes meeting the definition of solid waste or leachate, shall prepare engineering reports/plans and specifications, including a construction quality assurance plan, to address the following design standards:
(i) Tanks and ancillary equipment shall be tested for tightness using a method acceptable to the jurisdictional health department prior to being covered, enclosed or placed in use. If a tank is found not to be tight, all repairs necessary to remedy the leak(s) in the system shall be performed and verified to the satisfaction of the jurisdictional health department prior to the tank being covered or placed in use.
(ii) Below ground tanks and other tanks where all or portions of the tank are not readily visible shall be designed to resist buoyant forces in areas of high ground water and shall either be:
(A) Retested for tightness at a minimum of once every two years; or
(B) Equipped with a leak detection system capable of detecting a release from the tank;
(iii) For tanks or components in which the external shell of a metal tank or any metal component will be in contact with the soil or water, a determination shall be made by a corrosion expert of the type and degree of external corrosion protection that is needed to ensure the integrity of the tank during its operating life. This determination shall be included with design information submitted with the permit application;
(iv) Above ground tanks shall be equipped with secondary containment constructed of, or lined with, materials compatible with the waste being stored and capable of containing the volume of the largest tank within its boundary plus the precipitation from the twenty-five-year storm event as defined in WAC 173-350-100;
(v) Areas used to load or unload tanks shall be designed to contain spills, drippage and accidental releases during loading and unloading of vessels;
(vi) Tanks and piping shall be protected from impact by vehicles or equipment through use of curbing, grade separation, bollards or other appropriate means;
(vii) Tanks shall be structurally suited for the proposed use; and
(viii) Tanks, valves, fittings and ancillary piping shall be protected from failure caused by freezing.
(4) Surface impoundments and tanks - Operating standards. The owner or operator of a surface impoundment or tank shall:
(a) Operate the facility to:
(i) Prevent overfilling of surface impoundments or tanks and maintain required freeboard;
(ii) Control access to the site;
(iii) Control nuisance odors for wastes or liquids with the potential to create nuisance odors; and
(iv) Control birds at impoundments storing wastes capable of attracting birds.
(b) Inspect surface impoundments, tanks and associated piping, pumps and hoses as needed, but at least weekly, to ensure they are meeting the operational standards, unless an alternate schedule is approved by the jurisdictional health department as part of the permitting process. In addition, surface impoundments shall have regular liner inspections. Their frequency and methods of inspection shall be specified in the plan of operation and shall be based on the type of liner, expected service life of the material, and the site-specific service conditions. The inspections shall be conducted at least once every five years, unless an alternate schedule is approved by the jurisdictional health department as part of the permitting process. The jurisdictional health department shall be given sufficient notice and have the opportunity to be present during liner inspections.
(c) Maintain daily operating records on the quantity and the types of waste removed from the surface impoundment or tank. Facility inspection reports shall be maintained in the operating record. Significant deviations from the plan of operation shall be noted in the operating record. Records shall be kept for a minimum of five years and shall be available for inspection upon request by the jurisdictional health department.
(d) Shall prepare and submit a copy of an annual report to the jurisdictional health department and the department by April 1st. The annual report shall detail the facility's activities during the previous calendar year and shall include the following information:
(i) Name and address of the facility;
(ii) Calendar year covered by the report;
(iii) Results of ground water monitoring in accordance with WAC 173-350-500;
(iv) Results of leak detection system monitoring, if applicable; and
(v) Any additional information required by the jurisdictional health department as a condition of the permit.
(e) Develop, keep and abide by a plan of operation approved as part of the permitting process. The plan shall describe the facility's operation and shall convey to site operating personnel the concept of operation intended by the designer. The plan of operation shall be available for inspection at the request of the jurisdictional health department. If necessary, the plan shall be modified with the approval, or at the direction of the jurisdictional health department. Each plan of operation shall include the following: (continued)