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(continued) as provided written concurrence.
(h) When the jurisdictional health department has evaluated all information, it shall provide written notification to the applicant and the department whether or not it elects to waive the requirement that a solid waste permit be issued for a facility under this chapter by deferring to other environmental permits issued for the facility. Every complete permit deferral application shall be approved or denied within ninety days after its receipt by the jurisdictional health department or the owner or operator shall be informed as to the status of the application with a schedule for final determination.
(i) The jurisdictional health department shall revoke any permit deferral if it or the department determines that the other environmental permits are providing a lower level of environmental protection than a solid waste permit. Jurisdictional health departments shall notify the facility's owner or operator of intent to revoke the permit deferral and direct the owner or operator to take measures necessary to protect human health and the environment and to comply with the permit requirements of this chapter.
(j) Facilities which are operating under the deferral of solid waste permitting to other environmental permits shall:
(i) Allow the jurisdictional health department, at any reasonable time, to inspect the solid waste handling units which have been granted a permit deferral;
(ii) Notify the jurisdictional health department and the department whenever changes are made to the other environmental permits identified in (d)(ii) of this subsection. This notification shall include a detailed description of how the changes will affect the facility's operation and a demonstration, as described in (d)(iii) of this subsection, that the amended permits continue to provide an equivalent or superior level of environmental protection to the deferred solid waste permits. If the amended permits no longer provide an equivalent or superior level of environmental protection, the facility owner or operator shall close the solid waste handling unit or apply for a permit from the jurisdictional health department;
(iii) Notify the jurisdictional health department and the department within seven days of discovery of any violation of, or failure to comply with, the conditions of the other environmental permits identified in (d)(ii) of this subsection;
(iv) Prepare and submit a copy of an annual report to the jurisdictional health department and the department by April 1st as required under the appropriate annual reporting section of this chapter;
(v) Operate in accordance with any other written conditions that the jurisdictional health department deems appropriate; and
(vi) Shall take any measures deemed necessary by the jurisdictional health department when the permit deferral has been revoked.
[Statutory Authority: Chapter 70.95 RCW. 03-03-043 (Order 99-24), § 173-350-710, filed 1/10/03, effective 2/10/03.]
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173-350-715
General permit application requirements.
(1) Every permit application shall be on a format supplied by the department and shall contain the following information:
(a) Contact information for the facility owner, and the facility operator and property owner if different, including contact name, company name, mailing address, phone fax, and e-mail;
(b) Identification of the type of facility that is to be permitted;
(c) Identification of any other permit (local, state or federal) in effect at the site;
(d) A vicinity plan or map (having a minimum scale of 1:24,000) that shall show the area within one mile (1.6 km) of the property boundaries of the facility in terms of the existing and proposed zoning and land uses within that area, residences, and access roads, and other existing and proposed man-made or natural features that may impact the operation of the facility;
(e) Evidence of compliance with chapter 197-11 WAC, SEPA rules;
(f) Information as required under the appropriate facility permit application subsection of this chapter; and
(g) Any additional information as requested by the jurisdictional health department or the department.
(2) Engineering plans, reports, specifications, programs, and manuals submitted to the jurisdictional health department or the department shall be prepared and certified by an individual licensed to practice engineering in the state of Washington, in an engineering discipline appropriate for the solid waste facility type or activity.
(3) Signature and verification of applicants:
(a) All applications for permits shall be accompanied by evidence of authority to sign the application and shall be signed by the owner or operator as follows:
(i) In the case of corporations, by a duly authorized principal executive officer of at least the level of vice-president; in the case of a partnership or limited partnership, by:
(A) A general partner;
(B) Proprietor; or
(C) In case of sole proprietorship, by the proprietor;
(ii) In the case of a municipal, state, or other government entity, by a duly authorized principal executive officer or elected official.
(b) Applications shall be signed or attested to by, or on behalf of, the owner or operator, in respect to the veracity of all statements therein; or shall bear an executed statement by, or on behalf of, the owner or operator to the effect that false statements made therein are made under penalty of perjury.
(c) The signature of the applicant shall be notarized on the permit application form.
[Statutory Authority: Chapter 70.95 RCW. 03-03-043 (Order 99-24), § 173-350-715, filed 1/10/03, effective 2/10/03.]
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173-350-900
Remedial action.
When the owner or operator of a solid waste facility is subject to remedial measures in compliance with chapter 173-340 WAC, the Model Toxics Control Act, the roles of the jurisdictional health department and the department shall be as follows:
(1) The jurisdictional health department:
(a) May participate in all negotiations, meetings, and correspondence between the owner and operator and the department in implementing the model toxics control action;
(b) May comment upon and participate in all decisions made by the department in assessing, choosing, and implementing a remedial action program;
(c) Shall require the owner or operator to continue closure and post-closure activities as appropriate under this chapter, after remedial action measures are completed; and
(d) Shall continue to regulate all solid waste facilities during construction, operation, closure and post-closure, that are not directly impacted by chapter 173-340 WAC.
(2) The department shall carry out all the responsibilities assigned to it by chapter 70.105D RCW, Hazardous waste cleanup -- Model Toxics Control Act.
[Statutory Authority: Chapter 70.95 RCW. 03-03-043 (Order 99-24), § 173-350-900, filed 1/10/03, effective 2/10/03.]
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173-350-990
Criteria for inert waste.
(1) Criteria for inert waste - Applicability. This section provides the criteria for determining if a solid waste is an inert waste. Dangerous wastes regulated under chapter 173-303 WAC, Dangerous waste regulation, PCB wastes regulated under 40 CFR Part 761, Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution in Commerce, and Use Prohibitions, and asbestos-containing waste regulated under federal 40 CFR Part 61 rules are not inert waste. For the purposes of determining if a solid waste meets the criteria for an inert waste a person shall:
(a) Apply knowledge of the waste in light of the materials or process used and potential chemical, physical, biological, or radiological substances that may be present; or
(b) Test the waste for those potential substances that may exceed the applicable criteria. A jurisdictional health department may require a person to test a waste to determine if it meets the applicable criteria. Such testing may be required if the jurisdictional health department has reason to believe that a waste does not meet the applicable criteria or has not been adequately characterized. Testing shall be performed in accordance with:
(i) "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," U.S. EPA Publication SW-846; or
(ii) Other testing methods approved by the jurisdictional health department.
(2) Criteria for inert waste - Listed inert wastes. For the purpose of this chapter, the following solid wastes are inert wastes, provided that the waste has not been tainted, through exposure from chemical, physical, biological, or radiological substances, such that it presents a threat to human health or the environment greater than that inherent to the material:
(a) Cured concrete that has been used for structural and construction purposes, including embedded steel reinforcing and wood, that was produced from mixtures of Portland cement and sand, gravel or other similar materials;
(b) Asphaltic materials that have been used for structural and construction purposes (e.g., roads, dikes, paving) that were produced from mixtures of petroleum asphalt and sand, gravel or other similar materials. Waste roofing materials are not presumed to be inert;
(c) Brick and masonry that have been used for structural and construction purposes;
(d) Ceramic materials produced from fired clay or porcelain;
(e) Glass, composed primarily of sodium, calcium, silica, boric oxide, magnesium oxide, lithium oxide or aluminum oxide. Glass presumed to be inert includes, but is not limited to, window glass, glass containers, glass fiber, glasses resistant to thermal shock, and glass-ceramics. Glass containing significant concentrations of lead, mercury, or other toxic substance is not presumed to be inert; and
(f) Stainless steel and aluminum.
(3) Criteria for inert waste - Inert waste characteristics. This subsection provides the criteria for determining if a solid waste not listed in subsection (2) of this section is an inert waste. Solid wastes meeting the criteria below shall have comparable physical characteristics and comparable or lower level of risk to human health and the environment as those listed in subsection (2) of this section.
(a) Inert waste shall have physical characteristics that meet the following criteria. Inert waste shall:
(i) Not be capable of catching fire and burning from contact with flames;
(ii) Maintain its physical and chemical structure under expected conditions of storage or disposal including resistance to biological and chemical degradation; and
(iii) Have sufficient structural integrity and strength to prevent settling and unstable situations under expected conditions of storage or disposal.
(b) Inert waste shall not contain chemical, physical, biological, or radiological substances at concentrations that exceed the following criteria. Inert waste shall not:
(i) Be capable of producing leachate or emissions that have the potential to negatively impact soil, ground water, surface water, or air quality;
(ii) Pose a health threat to humans or other living organisms through direct or indirect exposure; or
(iii) Result in applicable air quality standards to be exceeded, or pose a threat to human health or the environment under potential conditions during handling, storage, or disposal.
[Statutory Authority: Chapter 70.95 RCW. 03-03-043 (Order 99-24), § 173-350-990, filed 1/10/03, effective 2/10/03.]