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(i) A description of the types of solid waste to be handled at the facility;
(ii) A description of how wastes are handled on-site during the facility's active life;
(iii) A description of how equipment, structures and other systems are to be inspected and maintained, including the frequency of inspection and inspection logs. This description shall include:
(A) The ground water monitoring system, if required;
(B) The overfilling prevention equipment, including details of filling and emptying techniques;
(C) The liners and embankments, tank piping and secondary containment;
(D) Safety and emergency plans;
(E) The forms used to record weights and volumes; and
(F) Other such details to demonstrate that the facility will be operated in accordance with this subsection and as required by the jurisdictional health department.
(5) Surface impoundments and tanks - Ground water monitoring requirements.
(a) Surface impoundments not equipped with a leak detection layer are subject to the ground water monitoring requirements of WAC 173-350-500.
(b) Surface impoundments equipped with a leak detection layer and tanks are not subject to the ground water monitoring requirements of this chapter; however, surface impoundments must meet the requirements provided under WAC 173-350-040(5).
(6) Surface impoundments and tanks - Closure requirements. The owner or operator of a surface impoundment or tank shall:
(a) Notify the jurisdictional health department sixty days in advance of closure. All waste from the surface impoundment or tank 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) Surface impoundments and tanks - Financial assurance requirements. There are no specific financial assurance requirements for surface impoundments or tanks subject to this chapter; however, surface impoundments and tanks must meet the requirements provided under WAC 173-350-040(5).
(8) Surface impoundments and tanks - Permit application contents.
(a) The owner or operator of a surface impoundment or tank 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:
(i) Engineering reports/plans and specifications that address the design standards of subsection (3) of this section;
(ii) A plan of operation meeting the requirements of subsection (4) of this section;
(iii) For surface impoundments not equipped with a leak detection layer, hydrogeologic reports and plans that address the requirements of subsection (5) of this section;
(iv) A closure plan meeting the requirements of subsection (6) of this section.
(9) Surface impoundments and tanks - Construction records. The owner or operator of a surface impoundment or tank 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), § 173-350-330, filed 1/10/03, effective 2/10/03.]
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173-350-350
Waste tire storage and transportation.
(1) Waste tire storage and transportation - Applicability. This section is applicable to all:
(a) Facilities that store waste tires in quantities of greater than eight hundred automobile tires or the combined weight equivalent of sixteen thousand pounds of all types of waste tires. This section is not applicable to the storage of waste tires in an enclosed building or in mobile containers used to transport waste tires.
(b) Persons engaged in the business of transporting waste tires except for:
(i) Any person transporting five tires or less;
(ii) Any person transporting used tires back to a retail outlet for repair or exchange;
(iii) Any waste hauler regulated by chapter 81.77 RCW, Solid waste collection companies;
(iv) The United States, the state of Washington or any local government, or contractors hired by these entities, when involved in the cleanup of illegal waste tire piles; and
(v) Tire retailers associated with retreading facilities who use company-owned vehicles to transport waste tires for the purposes of retreading or recycling.
(2) Waste tire storage and transportation - Transportation prohibitions and enforcement.
(a) No person shall enter into a contract for transportation of waste tires with an unlicensed waste tire transporter.
(b) Waste tires shall only be delivered to a facility that has obtained the required permits or licenses for storage, processing, or disposal of waste tires.
(c) Any person subject to this section who transports or stores waste tires without a valid waste tire carrier license or waste tire storage license issued by the Washington state department of licensing shall be subject to the penalty provisions of RCW 70.95.560.
(3) Waste tire storage and transportation - Carrier license requirements.
(a) All persons subject to this section engaged in the business of transporting waste tires are required to obtain a waste tire carrier license from the Washington state department of licensing.
(b) Application forms for a waste tire carrier license will be available at unified business identifier service centers located throughout the state. Unified business identifier service locations include:
(i) The field offices of the department of revenue and the department of labor and industries;
(ii) The tax offices of employment security;
(iii) The Olympia office of the secretary of state; and
(iv) The business license service office of the Washington state department of licensing.
(c) An application for a waste tire carrier license and a cab card for one vehicle shall include a two hundred fifty dollar application fee, fifty dollars of which shall be nonrefundable. Each additional vehicle cab card to be used by the licensee requires an additional fifty dollar fee. The application shall include:
(i) A performance bond in the sum of ten thousand dollars in favor of the state of Washington; or
(ii) In lieu of the bond, an applicant may submit other financial assurance acceptable to the department.
(d) The refundable portion of application fees may be returned to the applicant if the application is withdrawn before the department has approved or denied the application.
(e) A waste tire carrier license shall be valid for one year from the date of approval.
(4) Waste tire storage and transportation - Location standards. There are no specific location standards for waste tire storage sites subject to this chapter; however, waste tire storage sites must meet the requirements provided under WAC 173-350-040(5).
(5) Waste tire storage and transportation - Design standards. The owner or operator of a waste tire storage area shall prepare engineering reports/plans and specifications to address the design standards of this subsection. The maximum number of tires to be stored on site and the individual pile locations and sized shall be provided. The facility shall be designed so that:
(a) The size of any individual pile of waste tires shall be limited to:
(i) A maximum area of five thousand square feet;
(ii) A maximum volume of fifty thousand cubic feet; and
(iii) A maximum height of ten feet;
(b) A clear space of at least forty feet between each pile of waste tires shall be provided. The clear space shall not contain flammable or combustible material or vegetation;
(c) Tire storage shall not be located within ten feet of any property line or building and shall not exceed six feet in height within twenty feet of any property line or building; and
(d) Public access shall be limited.
(6) Waste tire storage and transportation - Operating standards. The owner or operator of a waste tire storage facility shall:
(a) Operate the facility to:
(i) Have communication capabilities to immediately summon fire, police, or other emergency service personnel in the event of an emergency;
(ii) Control public access in a manner sufficient to prevent arson, unauthorized vehicular traffic and illegal dumping of wastes;
(iii) Manage waste tires in such a way that it is protected from any material or conditions which may cause them to ignite;
(iv) Limit the total quantity of waste tires stored on-site at any time to the amount permitted by the jurisdictional health department;
(v) Provide on-site fire control equipment sufficient to extinguish any fire reasonably possible from one individual pile of waste tires. Fire control equipment may include, but is not limited to:
(A) Automatic sprinkler protection;
(B) Fire hydrants, hoses and ancillary equipment;
(C) Portable fire extinguishers; and
(D) Material-handling equipment capable of moving tires during fire fighting operations;
(vi) Provide vector control; and
(vii) Issue written receipts upon receiving loads of waste tires;
(b) Inspect and maintain the facility to prevent malfunctions, deterioration, operator errors and discharges that may lead to the release of wastes to the environment or cause a threat to human health. 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 including:
(i) The numbers of tires received and removed from the site. Quantities may be measured by:
(A) Actual number of tires; or
(B) Weight, provided the operator documents the approximate number of tires included in each load; or
(C) Volume in cubic yards, provided the operator documents the approximate number of tires included in each load;
(ii) Facility inspection reports;
(iii) Significant deviations from the plan of operation;
(iv) 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 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 tires, in tons;
(iv) Annual quantity of tires removed from the facility and end use, in tons;
(v) Total tons of tires remaining at the facility at year's end;
(vi) Applicable financial assurance reviews and audit findings in accordance with WAC 173-350-600; and
(vii) 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 how waste tires are to be handled on-site during the active life including:
(A) Transportation and routine storage; and
(B) Procedures for ensuring that all waste tires received by the facility have been transported in accordance with this section;
(ii) A description of how equipment, structures and other systems are to be inspected and maintained, including the frequency of inspection and inspection logs;
(iii) Safety, fire and emergency plans addressing the following:
(A) Procedures for the use of communications equipment to immediately report emergencies to the fire department, police, or emergency service personnel;
(B) A list of all emergency equipment at the facility including the location and a brief description of its capabilities;
(C) Procedures for fire fighting and the operation of fire control equipment;
(D) Employee training and emergency duty assignments;
(E) Procedures for and frequency of fire drills;
(iv) The forms used to record weights and volumes; and
(v) Other such details to demonstrate that the facility will be operated in accordance with this subsection and as required by the jurisdictional health department.
(7) Waste tire storage and transportation - Ground water monitoring requirements. There are no specific ground water monitoring requirements for waste tire storage sites; however, waste tire storage sites must meet the requirements provided under WAC 173-350-040(5).
(8) Waste tire storage and transportation - Closure requirements. The owner or operator of a facility that stores waste tires shall:
(a) Notify the jurisdictional health department, and where applicable the financial assurance instrument provider, one hundred eighty days in advance of closure;
(b) Commence implementation of the closure plan, in part or whole, within thirty days after receipt of the final waste tires;
(c) Provide certification that the site has been closed in accordance with the approved closure plan to the jurisdictional health department; and
(d) 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:
(i) Projected time intervals that identify when partial closure is to be implemented, and identify closure cost estimates and projected fund withdrawal intervals for the associated closure costs, from the approved financial assurance instrument; and
(ii) Methods of waste tire removal.
(e) The jurisdictional health department shall notify the owner or operator, the department and the financial assurance instrument provider, of the date when the jurisdictional health department has verified that the facility has been closed in accordance with the specifications of the approved closure plan.
(9) Waste tire storage and transportation - Financial assurance requirements.
(a) The owner or operator shall establish a financial assurance mechanism in accordance with WAC 173-350-600 for closure in accordance with the approved closure plan. The funds shall be sufficient for hiring a third party to remove the maximum number of tires permitted to be stored at the facility and deliver the tires to a facility permitted to accept the tires.
(b) Nothing in this section shall prohibit the application of funds from an existing bond as required under RCW 70.95.555, to the total amount required for financial assurance, provided the bond can be used for the activities described in (a) of this subsection.
(c) No owner or operator shall commence or continue operations at the site until a financial assurance instrument has been provided for closure activities in conformance with WAC 173-350-600.
(10) Waste tire storage and transportation - Solid waste permit requirements. The owner or operator 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 application for a permit shall contain:
(a) Engineering reports/plans and specifications that address the design standards of subsection (5) of this section;
(b) A plan of operation addressing the requirements of subsection (6) of this section;
(c) A closure plan meeting the requirements of subsection (8) of this section; and
(d) Documentation as needed to meet the financial assurance requirements of subsection (9) of this section.
(11) Waste tire storage and transportation - Storage site license requirements.
(a) In order to obtain a waste tire storage license, the facility owner or operator shall first obtain a solid waste handling permit for the storage of waste tires from the jurisdictional health department.
(b) Application forms for a waste tire storage site owner license are available at unified business identifier service locations located throughout the state. Unified business identifier service locations include:
(i) The field offices of the department of revenue and the department of labor and industries;
(ii) The tax offices of employment security;
(iii) The Olympia office of the secretary of state; and
(iv) The business license service office of the Washington state department of licensing.
(c) An application for a waste tire storage site owner license shall include a two hundred fifty dollar application fee for each facility, fifty dollars of which shall be nonrefundable. The refundable portion of application fees may be returned to the applicant under the following conditions:
(i) The department determines that a solid waste permit would meet the substantive requirements of RCW 70.95.555 and determines that a license is not required; or
(ii) The applicant withdraws the application before the department has approved or denied the application.
(d) A waste tire storage site license shall be valid for one year from the date of approval.
[Statutory Authority: Chapter 70.95 RCW. 03-03-043 (Order 99-24), § 173-350-350, filed 1/10/03, effective 2/10/03.]
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173-350-360
Moderate risk waste handling.
(1) Moderate risk waste handling - Applicability.
(a) This section is applicable to:
(i) Any facility that accepts segregated solid waste categorized as moderate risk waste (MRW), as defined in WAC 173-350-100;
(ii) Persons transporting MRW using only a bill of lading (MRW that is not shipped using a uniform hazardous waste manifest) who store MRW for more than ten days at a single location; and
(iii) Mobile systems and collection events.
(b) This section is not applicable to:
(i) Persons transporting MRW managed in accordance with the requirements for shipments of manifested dangerous waste under WAC 173-303-240;
(ii) Universal waste regulated under chapter 173-303 WAC; and
(iii) Conditionally exempt small quantity generators managing their own wastes in compliance with the performance standards of WAC 173-350-040 and 173-303-070 (8)(b).
(2) Mobile systems and collection events. In accordance with RCW 70.95.305, the operation of mobile systems and collection events are subject solely to the requirements of (a) through (n) 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 this subsection is required to obtain a permit from the jurisdictional health department and shall comply with the applicable requirements for a moderate risk waste handling facility. In addition, violations of the terms and conditions of this subsection may be subject to the penalty provisions of RCW 70.95.315. Owners and operators of mobile systems and collection events shall:
(a) Notify the department and the jurisdictional health department of the intent to operate a mobile system or collection event at least thirty days prior to commencing operations. The notification shall include a description of the types and quantities of MRW to be handled;
(b) Manage mobile systems or collection events in compliance with the performance standards of WAC 173-350-040;
(c) Record the weights or gallons of each type of MRW collected, number of households and conditionally exempt small quantity generators served, and type of final disposition (e.g., reuse, recycled, treatment, energy recovery, or disposal). Records shall be maintained for a period of five years and will be made available to the department or jurisdictional health department on request;
(d) Ensure that the MRW at a mobile system or collection event is handled in a manner that:
(i) Prevents a spill or release of hazardous substances to the environment;
(ii) Prevents exposure of the public to hazardous substances; and
(iii) Results in delivery to a facility that meets the performance standards of WAC 173-350-040;
(e) Ensure that incompatible wastes are not allowed to come into contact with each other;
(f) Ensure that containers holding MRW remain closed except when adding or removing waste in order to prevent a release of MRW through evaporation or spillage if overturned;
(g) Ensure that containers holding MRW have legible labels and markings that identify the waste type;
(h) Ensure that containers holding MRW are maintained in good condition (e.g., no severe rusting or apparent structural defects);
(i) Ensure that personnel are familiar with the chemical nature of the materials and the appropriate mitigating action necessary in the event of fire, leak or spill;
(j) Control public access and prevent unauthorized entry;
(k) Prepare and submit a copy of 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 the collection activities during the previous calendar year and shall include the following information:
(i) Name of owner or operator, and locations of all collection sites;
(ii) Calendar year covered by the report;
(iii) Annual quantity and type of MRW, in pounds or gallons by waste type;
(iv) Number of households and CESQGs served;
(v) Type of final disposition (e.g., reuse, recycled, treatment, energy recovery, or disposal); and
(vi) Any additional information required by written notification of the department;
(l) Allow inspections by the department or the jurisdictional health department at reasonable times;
(m) Notify the department and the jurisdictional health department of any failure to comply with the terms and conditions of this subsection within twenty-four hours; and
(n) Mobile collection systems using truck or trailers with concealed construction, permanently attached to a chassis may require a commercial coach insignia if subject to chapter 296-150C WAC, administered by the department of labor and industries.
(3) Limited MRW facilities and product take-back centers. In accordance with RCW 70.95.305, the operation of limited MRW facilities is subject solely to the requirements of (a) through (i) of this subsection and is exempt from solid waste handling permitting. Product take-back centers are only subject to (b), (e) and (f) of this subsection. An owner or operator that does not comply with the terms and conditions of this subsection is required to obtain a permit from the jurisdictional health department and shall comply with the applicable requirements for an MRW facility. In addition, violations of the terms and conditions of this subsection may be subject to the penalty provisions of RCW 70.95.315. Owners and operators of limited MRW facilities shall:
(a) Notify the department and the jurisdictional health department within thirty days prior to operation of the intent to operate a limited MRW facility with a description of the type and quantity of MRW to be handled;
(b) Ensure waste at a limited MRW facility or product take-back center is handled in a manner that:
(i) Prevents a spill or release of hazardous substances to the environment;
(ii) Prevents exposure of the public to hazardous substances; and
(iii) Results in delivery to a facility that meets the performance standards of WAC 173-350-040;
(c) Ensure that containers and tanks holding MRW are maintained in good condition (e.g., no severe rusting or apparent structural defects);
(d) Provide secondary containment for containers and tanks capable of storing fifty-five gallons or more of liquid MRW;
(e) Ensure the facility meets the performance standards of WAC 173-350-040;
(f) Notify the department and the jurisdictional health department of any failure to comply with the terms and conditions of this subsection within twenty-four hours of knowledge of an incident;
(g) Allow inspections by the department and jurisdictional health department at reasonable times;
(h) Maintain records of the amount and type of MRW received, and the final disposition of the MRW by amount and type; and
(i) 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 cover the facility's 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 quantity and type of MRW, in pounds or gallons by waste type;
(D) Number of households and CESQGs served;
(E) Type of final disposition (e.g., reuse, recycled, treatment, energy recovery, or disposal); and
(F) Any additional information required by written notification of the department.
(4) Moderate risk waste facilities - Location standards. There are no specific location standards for moderate risk waste facilities subject to this chapter; however, moderate risk waste facilities must meet the requirements provided under WAC 173-350-040(5).
(5) Moderate risk waste facilities - Design standards.
(a) The owner or operator of a moderate risk waste facility shall prepare engineering reports/plans and specifications, including a construction quality assurance plan, to address the following design standards. Each MRW facility shall:
(i) Be surrounded by a fence, walls, or natural features and provided with a lockable door or gate to control public and animal access;
(ii) Be constructed of materials that are chemically compatible with the MRW handled;
(iii) Provide secondary containment to capture and contain releases and spills, and facilitate timely cleanup in areas where MRW is handled. All secondary containment shall:
(A) Have sufficient capacity to:
(I) Contain ten percent of volume of all containers or tanks holding liquid or the total volume of the largest container holding liquids in the area, whichever is greater;
(II) Provide additional capacity to hold the precipitation from a twenty-five-year storm as defined in WAC 173-350-100, in uncovered areas; and
(III) Provide additional capacity to hold twenty minutes of flow from an automatic fire suppression system, where such a suppression system exists;
(B) Be segregated for incompatible wastes; and
(C) Have a base underlying the containers which is free of cracks or gaps and is sufficiently impervious to contain leaks, spills, accumulated precipitation, or fire suppression materials until the collected material is detected and removed. The base shall be sloped or the containment system shall otherwise be designed and operated to drain and remove liquids resulting from leaks, spills, precipitation, or fire suppression unless the containers are elevated or are otherwise protected from contact with accumulated liquids;
(iv) Be accessible by all-weather roads;
(v) Prevent run-on and control runoff from a twenty-five-year storm, as defined in WAC 173-350-100;
(vi) Provide a sign at the site entrance 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, and acceptable materials;
(vii) Provide sufficient ventilation to remove toxic vapors and dust from the breathing zone of workers and prevent the accumulation of flammable or combustible gases or fumes that could present a threat of fire or explosion;
(viii) Be constructed with explosion-proof electrical wiring, fixtures, lights, motors, switches and other electrical components as required by local fire code or the department of labor and industries;
(ix) Provide electrical grounding in areas where flammable and combustible liquids are consolidated to allow for bonding to consolidation equipment; and
(x) Provide protection of the MRW handling areas from wind, rain or snow.
(b) The owner or operator of a tank used to store or treat MRW 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 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) Areas used to load or unload tanks shall be designed to contain spills, drippage and accidental releases during loading and unloading of vessels;
(v) Tanks and piping shall be protected from impact by vehicles or equipment through use of curbing, grade separation, bollards or other appropriate means;
(vi) Tanks shall be structurally suited for the proposed use; and
(vii) Tanks, valves, fittings and ancillary piping shall be protected from failure caused by freezing.
(c) Prefabricated structures with concealed construction shall meet the requirements of chapter 296-150F WAC, Factory-built housing and commercial structures, administered by the department of labor and industries.
(6) Moderate risk waste facilities - Operating standards. The owner or operator of a MRW facility shall:
(a) Manage MRW handling activities and facilities so that:
(i) Each storage area is marked with signs to clearly show the type of MRW to be stored in that area;
(ii) Incompatible MRW and materials shall not be mixed together or allowed to come into contact with each other;
(iii) MRW shall be compatible with the containment system;
(iv) Containers or tanks are closed except when adding or removing MRW in order to prevent a release of MRW through evaporation or spillage if overturned;
(v) All containers or tanks have visible and legible labels or markings that identify the MRW type and are visible for inspection;
(vi) Containers of MRW shall be stored in a manner that allows for easy access and inspection. Drums containing MRW shall have at least one side with a minimum of thirty inches clear aisle space;
(vii) Containers holding MRW are maintained in good condition including, but not limited to, no severe rusting or apparent structural defects;
(viii) Uniform hazardous waste manifests are prepared and used at the point where possession of the MRW is given to a commercial registered dangerous waste transporter for shipments of MRW destined for out-of-state locations. This shall be completed in accordance with WAC 173-303-180;
(ix) Public access is restricted to areas identified in the plan of operation and unauthorized entry is prevented;
(x) Communication capabilities are provided to summon fire, police, or emergency service personnel;
(xi) Flammable or explosive gases do not exceed ten percent of the lower explosive limit in the area where MRW is handled. An explosive gas monitoring program shall be implemented to ensure that this standard is achieved;
(xii) MRW is delivered to a facility that meets the performance standards of WAC 173-350-040;
(xiii) Personnel responsible for routine inspections and operations are familiar with the chemical nature of the materials and the appropriate mitigating action necessary in the event of fire, leak or spill; and
(xiv) The jurisdictional health department and the department are notified of any spills or discharges of MRW to the environment.
(b) Ensure that routine and annual inspections are conducted as follows:
(i) Routine inspections shall be conducted at least weekly or once each operating day, whichever is more frequent, unless an alternate schedule is approved by the jurisdictional health department as part of the permitting process. Routine inspections shall be performed for:
(A) Operating hazards;
(B) Presence of operable safety equipment;
(C) Container integrity; and
(D) General facility condition;
(ii) Annual inspections shall be conducted to determine the condition of:
(A) Secondary containment systems including all readily accessible below floor space, sumps, and tanks for deterioration and evidence of containment failure; and
(B) All ventilation and flammable vapor monitoring systems.
(c) Maintain daily operating records of the weights or gallons of each type of MRW collected and the number of households and CESQGs served. Facility inspection reports shall be maintained in the operating record, including at least the date and time of the inspection, the name and signature of the inspector, a notation of observations made, and the date and nature of any needed repairs or remedial action. 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 at the request of 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 must include the following information:
(i) Name and address of the facility and locations of all collection sites;
(ii) Calendar year covered by the report;
(iii) Annual quantity and type of MRW, in pounds or gallons;
(iv) Number of households and CESQGs served;
(v) Type of final disposition (e.g., reuse, recycled, treatment, energy recovery, or disposal) by type of MRW;
(vi) Applicable financial assurance reviews and audit findings in accordance with WAC 173-350-600; and
(vii) 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 MRW will be handled on-site during the active life of the facility including:
(A) Methods for managing and/or identifying unknown wastes;
(B) Procedures for managing wastes that arrive in corroded or leaking containers or when MRW is left at the gate when the facility is unattended;
(C) Protocol for sorting, processing and packaging MRW;
(D) Procedures to protect containers of MRW susceptible to damage from weather and temperature extremes;
(E) Maximum quantities of MRW to be safely stored in each area at any time;
(F) Waste acceptance protocol to preclude and redirect fully regulated dangerous waste and any unacceptable waste types, such as explosives and/or radioactives; and
(G) For facilities that offer material exchanges, a procedure for determining what MRW is suitable for exchange and how the materials exchange will be operated;
(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 including:
(A) A list of all on-site emergency equipment with its capability, purpose, and training requirements;
(B) A description of actions to take if leaks in containers, tanks, or containment structures are suspected or detected and for other releases (e.g., failure of runoff containment system, gases generated due to chemical reactions or rapid volatilization);
(v) The forms used to record weights and 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.
(7) Moderate risk waste facilities - Ground water monitoring requirements. There are no specific ground water monitoring requirements for MRW facilities subject to this chapter; however, moderate risk waste facilities must meet the requirements provided under WAC 173-350-040(5).
(8) Moderate risk waste facilities - Closure requirements. The owner or operator of a moderate risk waste facility shall:
(a) Notify the jurisdictional health department, and where applicable, the financial assurance instrument provider, no later than one hundred eighty days prior to the projected date of the final receipt of MRW, of the intent to implement the closure plan in part or whole. The facility shall close in a manner that:
(i) Minimizes the need for further maintenance;
(ii) Removes all MRW and ensures delivery of the MRW to a facility that conforms with the applicable regulations for handling the waste;
(iii) Decontaminates all areas where MRW has been handled, including, but not limited to, secondary containment, buildings, tanks, equipment, and property; and
(iv) Prepares the facility for remedial measures after closure, if required.
(b) Commence closure activities in part or whole within thirty days following the receipt of the final volume of MRW. Waste shall not be accepted for disposal or for use in closure.
(c) At facility closure completion, in part or whole, submit the following to the jurisdictional health department:
(i) Certification by the owner or operator, and a professional engineer licensed in the state of Washington that the site has been closed in accordance with the approved closure plan; and
(ii) A closure report signed by the facility owner or operator and the certifying engineer that describes:
(A) Actions taken to determine if there has been a release to the environment; and
(B) The results of all inspections conducted as part of the closure procedure.
(d) 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:
(i) A description of the activities and procedures that will be used to ensure compliance with this subsection;
(ii) An estimate of the maximum volume of MRW on-site at any time during the active life of the facility; and
(iii) Closure cost estimates and projected fund withdrawal intervals from the financial assurance instrument, if such an instrument is required by subsection (9) of this section.
(e) The jurisdictional health department shall notify the owner or operator, the department and the financial assurance instrument provider, of the date when the jurisdictional health department has verified that the facility has been closed in accordance with the specifications of the approved closure plan.
(9) Moderate risk waste facilities - Financial assurance requirements.
(a) The owner or operator of any fixed moderate risk waste facility that stores more than nine thousand gallons of MRW on-site, excluding used oil, is required to establish financial assurance in accordance with WAC 173-350-600.
(b) Proof of financial assurance shall be provided to the jurisdictional health department prior to the acceptance of any MRW. The financial assurance instrument shall provide sufficient funds to guarantee that all closure requirements are met. In the event that hazardous substances are released to the environment and site remediation is necessary, additional financial assurance shall be provided in order that site remediation can be accomplished.
(c) Nothing in this section shall prevent an owner or operator from including the cost of MRW facility financial assurance in an instrument established for a colocated permitted solid waste facility so long as there are adequate funds available for both closure activities and the instrument identifies the commitment of funds for both activities.
(10) Moderate risk waste facilities - Permit application contents. The owner or operator of a MRW facility shall obtain a solid waste permit from the jurisdictional health department. All applications for permits shall be submitted in accordance with the requirements 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) Engineering reports/plans and specifications that address the design standards of subsection (5) of this section;
(b) A plan of operation meeting the requirements of subsection (6) of this section;
(c) A closure plan meeting the requirements of subsection (8) of this section; and
(d) Documentation as needed to meet the financial assurance requirements of subsection (9) of this section.
(11) Moderate risk waste facilities - Construction records. The owner or operator of a moderate risk waste facility 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), § 173-350-360, filed 1/10/03, effective 2/10/03.]
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173-350-400
Limited purpose landfills.
(1) Limited purpose landfills - Applicability. These standards apply to all landfills except:
(a) Municipal solid waste landfills regulated under chapter 173-351 WAC, Criteria for municipal solid waste landfills;
(b) Inert waste landfills regulated under WAC 173-350-410;
(c) Special incinerator ash landfills regulated under chapter 173-306 WAC, Special incinerator ash management standards;
(d) Dangerous waste landfills regulated under chapter 173-303 WAC, Dangerous waste regulations; and
(e) Chemical waste landfills used for the disposal of polychlorinated biphenyls (PCBs) regulated under Title 40 CFR Part 761, Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution in Commerce, and Use Prohibitions.
(2) Limited purpose landfills - Location standards. All limited purpose landfills shall be located to meet the following requirements:
(a) No landfill shall be located over a Holocene fault, in subsidence areas, or on or adjacent to an unstable slope or other geologic features which could compromise the structural integrity of the facility.
(b) No landfill's active area shall be located closer than one thousand feet to a down-gradient drinking water supply well, unless the owner or operator can demonstrate that a minimum of ninety days will occur between the time that a contaminant is detected and the time the contaminant can reach the nearest down-gradient drinking water supply well. Such demonstrations shall be prepared by a licensed professional in accordance with the requirements of chapter 18.220 RCW and shall be included in the permit application. The demonstration shall be based on the details of the sampling and analysis plan and the hydrogeologic properties of the hydrostratigraphic unit.
(c) No landfill's active area shall be located in a channel migration zone as defined in WAC 173-350-100 or within two hundred feet measured horizontally, of a stream, lake, pond, river, or saltwater body, nor in any wetland nor any public land that is being used by a public water system for watershed control for municipal drinking water purposes in accordance with WAC 248-54-660(4). All facilities shall conform to location restrictions established in local shoreline management plans adopted pursuant to chapter 90.58 RCW.
(d) No landfill shall be located within ten thousand feet of any airport runway currently used by turbojet aircraft or five thousand feet of any airport runway currently used by only piston-type aircraft unless the federal aviation administration grants a waiver. This requirement is only applicable where such landfill is used for disposing of wastes where a bird hazard to aircraft would be created.
(e) All landfills shall comply with the location standards specified in RCW 70.95.060.
(3) Limited purpose landfills - Design standards.
(a) This section applies to landfills with considerable variations in waste types, site conditions, and operational controls. All landfills shall be designed and constructed to meet the design standards of this subsection, the performance standards of WAC 173-350-040, and shall be appropriate for and compatible with the waste, the site, and the operation. The owner or operator of a limited purpose landfill shall prepare engineering reports/plans and specifications, including a construction quality assurance plan, to address the design standards of this subsection. An owner or operator shall be able to demonstrate during the permitting process that the design of a proposed landfill will mitigate threats to human health and the environment. When evaluating a landfill design, the jurisdictional health department shall consider the following factors:
(i) Waste characterization;
(ii) Soil conditions;
(iii) Hydrogeologic conditions;
(iv) Hydraulic conditions;
(v) Contaminant fate and transport;
(vi) Topography;
(vii) Climate;
(viii) Seismic conditions;
(ix) The total capacity of the facility and each landfill unit;
(x) Anticipated leachate characteristics and quantity;
(xi) Operational controls; and
(xii) Environmental monitoring systems.
(b) Liner system design.
(i) Liner system performance standard. Limited purpose landfills shall be constructed in accordance with a design that:
(A) Will prevent the contamination of the hydrostratigraphic units identified in the hydrogeologic assessment of the facility at the relevant point of compliance as specified during the permitting process; and
(B) Controls methane and other explosive gases generated by the facility to ensure they do not exceed:
(I) Twenty-five percent of the lower explosive limit for the gases in facility structures (excluding the gas control or recovery system components);
(II) The lower explosive limit in soil gases or in ambient air for the gases at the property boundary or beyond; and
(III) One hundred parts per million by volume of hydrocarbons (expressed as methane) in off-site structures. (continued)