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[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-700, filed 10/26/93, effective 11/26/93.]
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173-351-720
Permit application procedures.
(1) Initial procedures.
(a) Forms and complete application. An application for any permit under this regulation must be submitted on a form prescribed by the department. In order to be determined complete:
(i) Two or more copies (as determined by the jurisdictional health department) of the application must have been signed by the owner and operator and received by the jurisdictional health department;
(ii) The application must include evidence of compliance with the State Environmental Policy Act (SEPA) rules, chapter 197-11 WAC; and
(iii) The application must include the plans, reports, and other supporting information required by this regulation.
(b) Notice. Once the jurisdictional health department determines that an application for a permit is factually complete, it shall:
(i) Refer one copy to the appropriate regional office of the department for review and comment;
(ii) For all permits except renewal, modified and transition permits give notice of its receipt of a proposed complete permit application to the public and to interested persons for public comment for thirty days after the publication date of the notice;
(iii) For all permits except renewal, modified and transition permits perform the following additional public notification requirements:
(A) Mail the notice to persons who have requested notice in writing;
(B) Mail the notice to state agencies and local governments with a regulatory interest in the proposal;
(C) Include in the public notice a statement that any person may express their views in writing to the jurisdictional health department within thirty days of the last date of publication;
(D) Mail a copy of the MSWLF permit decision to any person who has made written request for such decision; and
(E) Add the name of any person, upon request, to a mailing list to receive copies of notices for all applications, within the state or within a geographical area.
(c) Standards for approval. The jurisdictional health department shall investigate every application to determine whether the facility meets all applicable laws and regulations, conforms with the most recently adopted comprehensive solid waste management plan in effect at the time of application and complies with all zoning requirements. A land use permit or letter from the jurisdictional zoning authority shall be sufficient demonstration of compliance with zoning requirements.
(d) Fees. The jurisdictional health department may establish reasonable fees for permits and renewal of permits. All permit fees collected by the health department shall be deposited in the account from which the jurisdictional health department's operating expenses are paid.
(e) Department's findings. The department shall report to the jurisdictional health department its findings on each permit application within forty-five days of receipt of a complete application or inform the jurisdictional health department as to the status of the application and when it expects its findings will be transmitted to the jurisdictional health department. Additionally, the department shall recommend for or against the issuance of each permit by the jurisdictional health department.
(f) Permit approval. When the jurisdictional health department has evaluated all information in the public record, it shall issue or deny a permit. Every completed solid waste permit application shall be approved or disapproved 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.
(g) Permit format. Every permit issued by a jurisdictional health department shall be on a format prescribed by the department and shall contain specific requirements necessary for the proper operation of the facility including the requirement that final engineering plans and specifications be submitted for approval to the jurisdictional health department.
(h) Filing permits with the department. The jurisdictional health department shall mail all issued permits to the department no more than seven days after the date of issuance. The department shall review and may appeal the permit as set forth in RCW 70.95.185 and 70.95.190.
(i) Renewal procedures. The owner or operator of a facility shall apply for renewal of the MSWLF permit annually, except for that year that a permit has been or will be reissued under subsection (6) of this section. The owner or operator is authorized to continue all activities authorized under the currently expired permit, if the jurisdictional health department has not rendered a decision on renewal by the yearly renewal date of the current permit. The jurisdictional health department shall annually:
(A) Review the original application and such additional information as required in WAC 173-351-730 (3)(b) for compliance with these regulations:
(B) Collect the renewal fee if the jurisdictional health department so chooses;
(C) If the requirements of (b)(i)(A) of this subsection are met, renew the permit; and
(D) File the renewed permit with the department no more than seven days after the date of renewal. The department shall review and may appeal the renewal as set forth in RCW 70.95.185 and 70.95.190. See also reissuance under subsection (6) of this section.
(2) SEPA review. The State Environmental Policy Act (SEPA), the SEPA rules and the local SEPA rules apply to permit decisions made pursuant to this chapter.
(3) Preapplication meetings. Preapplication meetings between the jurisdictional health department and the owner or operator are encouraged to address, among other things, the development of a complete application pertaining to the owner's or operator's prospective project.
(4) Activities authorized in permits, generally.
(a) Construction. Issuance of a valid MSWLF permit entitles the permittee to construct the MSWLF unit or MSWLF units, subject to any appropriate conditions the jurisdictional health department may impose. If the facility is to be constructed in several or more MSWLF units, the initial application must contain the conceptual design for the entire facility and the information of WAC 173-351-730 (1)(b) for the initial MSWLF unit. In addition, information of WAC 173-351-730 (1)(b) may be submitted covering all other MSWLF units that will be constructed up to the first ten years of facility operation. The permit will identify the extent of each permitted MSWLF unit and the specific time frames for the first MSWLF unit and estimated time frames for subsequent MSWLF units within which construction activities must begin and end for each MSWLF unit. Authorization to construct each subsequent MSWLF unit must, as to that MSWLF unit, contain the detailed construction plans as specified in this regulation, and those plans and the construction of that MSWLF unit must comply with all requirements of the SEPA and of this regulation and other regulations applicable at the time jurisdictional health department approval is granted.
(b) Operation. Except for MSWLF units governed by the transition rules of WAC 173-351-700(2), the jurisdictional health department's approval to accept solid waste will not be given until the permittee has demonstrated to the jurisdictional health department's satisfaction that the MSWLF unit has been constructed in accordance with the approved plans and specifications for that MSWLF unit. If a facility is to be constructed in several or more MSWLF units, the jurisdictional health department must determine that each specific MSWLF unit has been constructed in accordance with the approved permit before operation will be permitted in that specific MSWLF unit.
(c) Post-closure activities. The jurisdictional health department's approval for post-closure activities will not be given until the permittee has demonstrated to the jurisdictional health department's satisfaction that the MSWLF unit or all the MSWLF units have been closed in accordance with the final engineering plans WAC 173-351-500 (1)(e)(ii) and the approved closure plan.
Note: Failure to obtain approval for post-closure activities may prevent reimbursement under post-closure financial assurance in WAC 173-351-600.
(5) Permit modifications.
(a) Any owner or operator intending to modify a valid MSWLF permit must file a modification application at least thirty days before the intended modification. A modification application must be made on forms authorized by the jurisdictional health department and the department, and the forms must include information identified in WAC 173-351-730 (3)(a).
(b) The jurisdictional health department shall follow the procedures of subsection (1) of this section in issuing a permit modification except for the following:
(i) Subsection (1)(b)(ii) and (iii) of this section, public notice; and
(ii) Subsection (1)(i) of this section, renewal procedures.
(c) In order to allow for permit modifications to be authorized at the time of permit renewal, any owner or operator may combine the application required for a permit modification in WAC 173-351-730 (3)(a) with the application required for a renewal permit in WAC 173-351-730 (3)(b), at the time of permit renewal.
(6) Permit reissuance. Except for permits during transition under subsection (2) of this section, any owner or operator intending to continue construction, operation or post-closure beyond the permitted duration of a valid MSWLF permit must file a reissuance application at least ninety days before the existing permit expires. Reissuance applications are subject to the public notification process of subsection (1)(b) of this section. A reissuance application must be made on forms authorized by the jurisdictional health department and the department, and must include information identified in WAC 173-351-730(4).
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-720, filed 10/26/93, effective 11/26/93.]
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173-351-730
Contents of applications.
(1) Applications for MSWLF permits and level of detail, generally.
(a) General requirements for MSWLF permit applications and level of detail.
(i) An application for an MSWLF permit to construct, operate, and conduct post-closure activities at a facility must include all applicable information identified in this section pertaining to the facility for which the permit is being sought.
(ii) The information in every application submitted under this regulation must be of sufficient detail so as to allow the jurisdictional health department to fulfill its responsibilities under SEPA and this regulation by:
(A) Having detail sufficient to be readily understood by the persons using the documents contained in the application to enable them to determine how the facility will be constructed, operated, and closed and how it will be monitored and maintained after closure;
(B) Providing the jurisdictional health department with sufficient detail to ascertain the environmental impact of the proposed project; and
(C) Providing sufficient detail to demonstrate that the location, design, construction, operation, closure, and post-closure monitoring and maintenance of the MSWLF will be capable of compliance with the applicable requirements of this regulation.
(b) Specific requirements for permit applications. In addition to other requirements set forth in this section, complete applications for MSWLF permits must contain the following:
(i) Engineering plans that set forth the proposed facility's location, property boundaries, adjacent land uses, and detailed construction plans pursuant to subsection (5)(a) of this section;
(ii) How the facility will meet the location standards of WAC 173-351-130 and 173-351-140 including demonstrations;
(iii) A hydrogeologic report and water quality monitoring plan prepared in accordance with the provisions of WAC 173-351-400 (including all demonstrations);
(iv) The plan of operation that prescribes how the facility will fulfill the operating requirements set forth in WAC 173-351-200, 173-351-210, and 173-351-220, including the demonstrations of this regulation;
(v) An engineering report comprehensively describing the existing site conditions and an analysis of the facility, including closure, post-closure criteria, and any necessary demonstrations with subsection (5)(b) of this section;
(vi) A construction quality assurance and quality control plan prepared in accordance with subsection (6) of this section;
(vii) The closure and post-closure plans required by WAC 173-351-500, including the schedule of WAC 173-351-500 (1)(c)(iv) and for the submission of final engineering plans for closure six months prior to closure of the facility or the MSWLF unit. See WAC 173-351-500 (1)(e)(ii);
(viii) Either a legal document (contract, local permit, a signed permit application etc.) certifying acceptance of leachate by the operator of a wastewater treatment facility for the discharge of leachate to that facility, or an application for a National Discharge Elimination System (NPDES) permit pursuant to chapter 173-220 WAC or a state discharge permit (for solar evaporation ponds having no surface water discharge) pursuant to chapter 173-216 WAC or other necessary environmental permit applications (including air quality permit applications) for otherwise managing leachate;
(ix) For small landfills, the demonstration of WAC 173-351-010 (2)(c);
(x) A demonstration of how the MSWLF conforms with the approved local comprehensive solid waste management plan in place at the time of application.
(2) Combined applications. Owners or operators may file a combined application for MSWLF units and other solid waste handling facilities, such as surface impoundments, composting facilities, storage piles, and MSWLF units closed under and/or regulated by chapter 173-304 WAC, Minimum functional standards for solid waste handling or other rules promulgated under the authority of chapter 70.95 RCW, including this regulation. The combined application must contain information required by each applicable regulation.
(3) Modification and renewal applications.
(a) Modification applications. An application on forms specified by the jurisdictional health department and the department to modify a valid MSWLF permit issued pursuant to WAC 173-351-700 must include, and address, the following at a minimum:
(i) A description of the proposed modification;
(ii) The reasons for the proposed modification;
(iii) A description of the impacts from the proposed modification upon the MSWLF unit or the facility as presently permitted; and
(iv) A showing that, as modified, the MSWLF unit will be capable of compliance with the applicable requirements of this regulation.
(b) Renewal applications. An application on forms specified by the jurisdictional health department and the department to renew a permit issued pursuant to WAC 173-351-700 must include and address the following at a minimum:
(i) Any changes in operating methods, closure cost or post-closure costs or other changes not falling under the definition of a permit modification;
(ii) Any changes as revealed by inspections, or complaints;
(iii) Evidence that the annual report of WAC 173-351-200(11) has been submitted;
(iv) A list of documents added to the operating record according to WAC 173-351-200(10); and
(v) Evidence that all MSWLF unit operators have continued to comply with the certification requirements of chapter 173-300 WAC, Certification of operators of solid waste incinerator and landfill facilities.
(4) Reissuance/transition applications. An application to reissue a permit previously issued pursuant to this regulation or to convert a chapter 173-304 WAC permit to a valid MSWLF permit under the transition permit rules of WAC 173-351-700(2) must, at a minimum, include and address the following:
(a) Review the original application and permit for compliance with these regulations and submit such additional information as follows:
(i) A compliance summary showing how the facility's construction, operation, closure and post-closure activities, as applicable, have been undertaken either in compliance or not in compliance with the terms and conditions of the expiring permit;
(ii) Specifying any changes proposed by the owner or operator to, and detailing any changes in circumstance that may affect, the design, construction, operation, closure, or post-closure care of the facility and describing how compliance with the applicable requirements of this regulation will be assured.
(b) Review of information collected from inspections, complaints, or known changes in the operations including:
(i) Results of ground water monitoring taken during the operation (including closure/post-closure) of the facility according to WAC 173-351-400 or 173-304-490 as appropriate; and
(ii) Results of surface water and methane monitoring taken during the operation (including closure/post-closure) of the facility.
(5) Engineering plans, reports, and specifications. Unless otherwise specified in chapter 173-351 WAC, all engineering plans, reports, and specifications must comply with the requirements of this subsection. Engineering plans, reports, specifications, programs, and manuals submitted to the jurisdictional health department must be prepared and certified by an individual licensed in engineering disciplines associated with landfill design and construction or with experience in landfill design and construction and to practice engineering in the state of Washington.
(a) Engineering plans. Unless otherwise specified in this chapter, the engineering plans for all MSWLF units must be submitted using the following format:
(i) The sheet size with title blocks must be twenty-two inches by thirty-four inches or twenty-four inches by thirty-six inches.
(ii) The cover sheet must include the project title, owner's and operator's name, sheet index, legend of symbols, and the engineer's name, address, signature, date of signature, and seal.
(iii) The preliminary engineering plans relating the project to its environmental setting must include:
(A) A regional plan or map (having a minimum scale of 1:62,500) and indicate directions and distances to airports within five miles (eight kilometers) of the facility;
(B) A vicinity plan or map (having a minimum scale of 1:24,000) that must show the area within one mile (1.6 kilometers) of the property boundaries of the facility in terms of, the existing and proposed zoning and land uses within that area; and residences, public and private water supply wells, known private water supply aquifers, sole source aquifers, ground water management areas, well-head protection zones, special protection areas and surface waters (with quality classifications), access roads, bridges, railroads, airports, historic sites, and other existing and proposed man-made or natural features relating to the facility; and
(C) An overall site plan (having a minimum scale of 1:2,400 with five foot (or one meter) minimum contour intervals) that must show the landfill's property boundaries (as certified by an individual licensed to practice land surveying in the state of Washington), offsite and onsite utilities (such as electric, gas, water, storm, and sanitary sewer systems) and right of way easements; the 100-year floodplain, wetlands, Holocene faults, unstable areas; the names and addresses of contiguous property owners; the location of soil borings, excavations, test pits, gas venting structures, wells (including down-gradient drinking water supply wells within two thousand feet (six hundred ten meters) of the property boundary), lysimeters, piezometers, environmental and facility monitoring points and devices (with each identified in accordance with a numbering system acceptable to the jurisdictional health department and whose horizontal location are accurate to the nearest 0.5 foot (0.15 meter) and all orthometric evaluations should be related to a vertical benchmark based on the national geodetic vertical datum of 1929 (NGVD29) and be established to 3rd order classification standards per federal geodetic control committee, or its successor, as specified in WAC 332-130-060 as measured from the ground surface and top of well casing), benchmarks and permanent survey markers, and onsite buildings and appurtenances, fences, gates, roads, parking areas, drainage culverts, and signs; the delineation of the total landfill area including planned staged development of the landfill's construction and operation, and the lateral and vertical limits of previously filled areas; the location and identification of the sources of cover materials; the location and identification of special waste handling areas; a wind rose; and site topography with five foot (or one meter) minimum contour intervals.
Note: All horizontal locations shall be based upon a control station related to a horizontal datum specified in chapter 58.20 RCW and chapter 332-130 WAC (NAD.83 (1991)).
(D) Detailed plans of the landfill must clearly show in plan and cross-sectional views, the original, undeveloped site topography before excavation or placement of solid waste; the existing site topography (if different from the original, undeveloped site topography) including the location and approximate thickness and nature of any existing solid waste; the seasonal high ground water table; generalized geologic units; known and interpolated bedrock elevations; the proposed limits of excavation and waste placement; the location and placement of each liner system and of each leachate collection system, locating and showing all critical grades and elevations of the collection pipe inverts and drainage envelopes, manholes, cleanouts, valves, sumps, and drainage blanket thicknesses; all berms, dikes, ditches, swales and other devices as needed to divert or collect surface water runon or runoff; the final elevations and grades of the landfill cover system including the grading and gas venting layer, low permeability barrier, topsoil layers; the system used for monitoring and venting the decomposition gases generated within the landfill; ground water monitoring wells; geophysical and geochemical monitoring devices or structures; leachate storage, treatment and disposal systems including the collection network, sedimentation ponds and any treatment, pretreatment, or storage facilities; typical roadway sections, indicating the pavement type, dimensions, slopes and profiles; the building floor plans, elevations, appurtenances; and plans detailing the landfill entrance area including gates, fences, and signs.
(b) Engineering reports. The engineering reports for a facility must:
(i) Contain a cover sheet, stating the project title and location, the owner's or operator's name, and the engineer's name, address, signature, date of signature, and seal.
(ii) Have its text printed on 8 1/2" by 11" pages (paginated consecutively);
(iii) Contain a table of contents or index describing the body of the report and the appendices;
(iv) Include a body of report whose content is described by (c) of this subsection; and
(v) Include all appendices.
(c) An engineering report containing a description of the existing site conditions and, at a minimum, an analysis of the proposed facility that must:
(i) Describe current operating practices, expected life and any pending litigation or corrective actions relating to the existing or past facilities;
(ii) Specify the proposed design capacity of the MSWLF unit for which approval is being sought, describing the number, types, and the minimum specifications of all the necessary machinery and equipment needed to effectively operate the landfill at the proposed design capacity;
(iii) Contain a site analysis of the proposed action including:
(A) The location of the closest population centers;
(B) A comprehensive description of the primary transportation systems and routes in the facility service area (i.e., highways, airports, railways, etc.);
(C) An analysis of the existing topography, surface water and subsurface geological conditions in accordance with the hydrogeologic report requirements of WAC 173-351-490;
(D) A description of the materials and construction methods used for the placement of each monitoring well pursuant to the requirements of WAC 173-351-400; all gas venting systems; each liner and leachate collection and removal system; leachate storage, treatment, and disposal systems; and cover systems to demonstrate conformance with the design requirements found in WAC 173-351-300, 173-351-320, and 173-351-500. This description also must include a discussion of provisions to be taken to prevent frost action upon each liner system in areas where refuse has not been placed;
(E) An estimate of the expected quantity of leachate to be generated, including:
(I) An annual water budget that estimates leachate generation quantities during initial operation, upon application of intermediate cover, and following MSWLF unit or all MSWLF units closure. At a minimum, the following factors must be considered in the preparation of the water budget to determine the amount of leachate generated as a result of precipitation infiltration into the MSWLF unit or all the MSWLF units: Average monthly temperature, average monthly precipitation, evaporation, evapotranspiration which considers the vegetation type and root zone depth, surface/cover soil conditions and their relation to precipitation runoff which must account for the surface conditions and soil moisture holding capacity and all other sources of moisture contribution to the landfill;
(II) Liner and leachate collection system efficiencies that must be calculated using an appropriate analytical or numerical assessment. The factors to be considered in the calculation of collection system efficiency must include, at a minimum, the saturated hydraulic conductivity of the liner, the liner thickness, the saturated hydraulic conductivity of the leachate collection system, the leachate collection system porosity, the base slope of the liner and leachate collection and removal system interface, the maximum flow distance across the liner and leachate collection and removal system interface to the nearest leachate collection pipe, the estimated leachate generation quantity as computed in accordance with the requirements of (c)(iii)(E)(I) of this subsection; and
(III) Predictions of the static head of leachate on the liners, volume of leachate to be collected, and the volume of leachate that may permeate through the entire liner system, all on a monthly basis. Information gained from the collection efficiency calculations required in (c)(iii)(E)(I) and (II) of this subsection must be used to make these predictions. This assessment also must address the amount of leachate expected to pass through the liner system in gallons per acre per day (liters per square meter per day).
(d) Discuss the closure and post-closure maintenance and operation of the facility which must include, but not be limited to:
(i) A closure design consistent with the requirements of WAC 173-351-500;
(ii) A post-closure water quality monitoring program consistent with the requirements of WAC 173-351-400 and 173-351-500;
(iii) An operation and closure plan for the leachate collection, treatment, and storage facilities consistent with the requirements of this regulation and WAC 173-304-430; and
(iv) A discussion of the future use of the facility, including the specific proposed or alternative uses during the post-closure period. Future uses must not adversely affect the final cover system. See WAC 173-351-500 (2)(c)(iii).
(e) Appendices submitted as part of an engineering report submitted with an application to construct a new or laterally expanded MSWLF unit must contain:
(i) Appropriate charts and graphs;
(ii) Copies of record forms used at the MSWLF unit;
(iii) Test pit logs, soil boring logs, and geological
information (such as stratigraphic sections, geophysical and geochemical surveys, and water quality analyses);
(iv) Engineering calculations (including the raw data from which they were made);
(v) Other supporting data, including literature citations.
(6) Construction quality assurance and construction quality control plans.
The construction quality assurance (QA) and construction quality control (QC) plan must address the construction of the MSWLF unit according to the designs set forth in chapter 173-351 WAC. (Construction QA and construction QC are defined in WAC 173-351-100.) The owner or operator may submit separate construction QA plans and construction QC plans. For each specified phase of construction, these plans must include, but not be limited to:
(a) A delineation of the responsibilities for the QA management organization and the QC management organization, including the chain of command of the QA inspectors and contractors and the QC inspectors and contractors; quality assurance shall be performed by a third party organization that is independent of the landfill owner/operator/contractor.
(b) A description of the required level of experience and training for the contractor, his/her crew, and QA and QC inspectors for every major phase of construction in sufficient detail to demonstrate that the approved installation methods and procedures will be properly implemented; and
(c) A description of the QA and QC testing protocols for every major phase of construction, which must include, at a minimum, the frequency of inspection, field testing, sampling for laboratory testing, the sampling and field testing procedures and equipment to be utilized, the calibration of field testing equipment, the frequency of performance audits, the sampling size, the laboratory procedures to be utilized, the calibration of laboratory equipment and QA/QC of laboratory procedures, the limits for test failure, and a description of the corrective procedures to be used upon test failure.
Note: It is intended that owners or operators will select and pay for the independent third party construction quality assurance firm, who will report to the owner or operator.
(7) Signature and verification of applications.
(a) All applications for permits must be accompanied by evidence of authority to sign the application and must 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:
(ii) A general partner;
(iii) Proprietor; or
(iv) In the case of a sole proprietorship, by the proprietor;
(v) In the case of a municipal, state, or other governmental entity, by a duly authorized principal executive officer or elected official.
(b) Applications must be sworn to by, or on behalf of, the owner or operator, in respect to the veracity all statements therein; or must 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.
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-730, filed 10/26/93, effective 11/26/93.]
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173-351-740
Permit issuance criteria.
The jurisdictional health department may issue, reissue, or modify a MSWLF permit to a facility, only if:
(1) The application's engineering and hydrogeological data and construction plans and specifications required by this regulation pertaining to such a MSWLF unit or MSWLF units substantiate that the proposed MSWLF unit or MSWLF units meets the requirements of this regulation;
(2) The application demonstrates the facility's ability to operate and close in accordance with the requirements of this regulation;
(3) The application demonstrates the facility's ability to conduct post-closure activities in accordance with the requirements of this regulation; and a form of surety or financial responsibility for post-closure activities has been filed with the jurisdictional health department; and
(4) The application demonstrates the facility's consistency with the local solid waste management plan in effect at the time of application.
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-740, filed 10/26/93, effective 11/26/93.]
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173-351-750
Permit provisions.
(1) Mitigation of adverse impacts. The jurisdictional health department may impose conditions in each permit, to assure mitigation of adverse environmental impacts pursuant to SEPA, chapter 43.21C RCW and to insure compliance with the requirements identified in WAC 173-351-130 through 173-351-600, with the applicable sections pertaining to such a MSWLF unit or all MSWLF units, and with other applicable laws and regulations.
(2) Transferability.
(a) All permits issued pursuant to this regulation are transferable only upon prior written approval of the jurisdictional health department and a demonstration that the prospective transferee will be able to comply with applicable laws and regulations, permit conditions, and other requirements to which the prospective transferor is subject.
(b) Upon transfer of ownership of all or part of a facility, a provision must be included in the property deed indicating the period of time during which the facility has been disposing of solid waste, a description of the solid waste contained within, and the fact that the records for the facility have been filed with the jurisdictional health department. The deed also must reference a map, which must be filed with the county clerk, showing the limits of the active areas as defined in WAC 173-351-100.
(3) Duration of permits. The jurisdictional health department must specify the duration of the MSWLF permit not to exceed ten years. Permits must be renewed annually according to WAC 173-351-730(3), and reissued according to WAC 173-351-720(6).
(4) Preconstruction review condition. The jurisdictional health department shall include in each permit for a new MSWLF unit or lateral expansion a condition requiring the owner or operator, to submit the following documents sixty days prior to beginning construction, and to obtain the jurisdictional health department's approval that the following documents conform with the engineering report and with the requirements of this chapter:
(a) Final design drawings;
(b) Construction specifications; and
(c) A construction quality assurance manual for the following MSWLF components:
(i) Bottom liner;
(ii) Leachate collection and removal system;
(iii) Landfill gas control system;
(iv) Leachate and landfill gas condensate treatment and disposal system; and
(v) Final cover system.
(5) Supervision and certification or declaration of construction. The construction of a MSWLF unit must be undertaken:
(a) Under the supervision of an individual licensed to practice engineering in the state of Washington; and
(b) In conformance with the construction quality assurance plan of WAC 173-351-730(6).
(6) Preoperation review conditions. Each permit issued under this chapter for a new MSWLF unit or lateral expansion shall contain a condition requiring that upon completion of construction, the licensed engineered who supervised construction shall certify or declare in writing that the construction is in accordance with the terms of the applicable permit and tested in accordance with construction quality assurance plans of WAC 173-351-730(6). Except as specified elsewhere in this regulation, this certification or declaration must be submitted to the jurisdictional health department within three months after completion of construction and must include recorded construction drawings and specifications. The operator must notify the jurisdictional health department, in writing, of the date when solid waste will be first received at the MSWLF unit.
(7) Cessation of construction or operation activities. If construction or operation activities started under a permit issued pursuant to this chapter cease for a period of twelve consecutive months, the jurisdictional health department may in its discretion revoke the permit. The jurisdictional health department shall provide notice to the owner or operator in writing explaining the reasons for revocation. The jurisdictional health department shall not revoke a permit where the cessation of construction or operation is caused by factors beyond the reasonable control of the permittee or when such cessation is in accordance with the provisions of the permit.
(8) Design volume capacity. Every MSWLF permit must set forth the facility's approved design volume capacity.
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-750, filed 10/26/93, effective 11/26/93.]
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173-351-760
Appeals.
Whenever the jurisdictional health department denies a permit or suspends a permit for a solid waste disposal site, it shall, upon request of the application or holder of the permit, grant a hearing on such denial or suspension within thirty days after the request therefor is made. Notice of the hearing shall be given to all interested parties including the county or city having jurisdiction over the site and the department. Within thirty days after the hearing the health officer shall notify the applicant or the holder of the permit in writing of his determination thereof. Any party aggrieved by such determination may appeal to the pollution control hearings board by filing with the hearings board a notice of appeal within thirty days after receipt of notice of the determination of the health officer. The hearings board shall hold a hearing in accordance with the provisions of the Administrative Procedure Act, chapter 34.05 RCW, as now or hereafter amended.
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-760, filed 10/26/93, effective 11/26/93.]
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173-351-990
Appendices.
APPENDIX I1
Appendix I - Constituents for Detection Monitoring
COMMON NAME2 CAS RN3
Inorganic Constituents
1) Antimony . . . . . . . . . . . . (Dissolved)
2) Arsenic . . . . . . . . . . . . (Dissolved)
3) Barium . . . . . . . . . . . . (Dissolved)
4) Beryllium . . . . . . . . . . . . (Dissolved)
5) Cadmium . . . . . . . . . . . . (Dissolved)
6) Chromium . . . . . . . . . . . . (Dissolved)
7) Cobalt . . . . . . . . . . . . (Dissolved)
8) Copper . . . . . . . . . . . . (Dissolved)
9) Lead . . . . . . . . . . . . (Dissolved)
10) Nickel . . . . . . . . . . . . (Dissolved)
11) Selenium . . . . . . . . . . . . (Dissolved)
12) Silver . . . . . . . . . . . . (Dissolved)
13) Thallium . . . . . . . . . . . . (Dissolved)
14) Vanadium . . . . . . . . . . . . (Dissolved)
15) Zinc . . . . . . . . . . . . (Dissolved)
16) Nitrate . . . . . . . . . . . .
Organic Constituents
17) Acetone . . . . . . . . . . . . 67-64-1
18) Acrylonitrile . . . . . . . . . . . . 107-13-1
19) Benzene . . . . . . . . . . . . 71-43-2
20) Bromochloromethane . . . . . . . . . . . . 74-97-5
21) Bromodichloromethane . . . . . . . . . . . . 75-27-4
22) Bromoform; Tribromomethane . . . . . . . . . . . . 75-25-2
23) Carbon disulfide . . . . . . . . . . . . 75-15-0
24) Carbon tetrachloride . . . . . . . . . . . . 56-23-5
25) Chlorobenzene . . . . . . . . . . . . 108-90-7
26) Chloroethane; Ethyl chloride . . . . . . . . . . . . 75-00-3
27) Chloroform; Trichloromethane . . . . . . . . . . . . 67-66-3
28)
Dibromochloromethane;
Chlorodibromomethane . . . . . . . . . . . . 124-48-1
29) 1,2-Dibromo-3-chloropropane; DBCP . . . . . . . . . . . . 96-12-8
30)
1,2-Dibromoethane;
Ethylene dibromide; EDB . . . . . . . . . . . . 106-93-4
31)
o-Dichlorobenzene;
1,2-Dichlorobenzene . . . . . . . . . . . . 95-50-1
32)
p-Dichlorobenzene;
1,4-Dichlorobenzene . . . . . . . . . . . . 106-46-7
33) trans-1,4-Dichloro-2-butene . . . . . . . . . . . . 110-57-6
34) 1,1-Dichloroethane; Ethylidene
chloride . . . . . . . . . . . . 75-34-3
35)
1,2-Dichloroethane;
Ethylene dichloride . . . . . . . . . . . . 107-06-2
36)
1,1-Dichloroethylene;
1,1-Dichloroethene;
Vinylidene chloride . . . . . . . . . . . . 75-35-4
37)
cis-1,2-Dichloroethylene;
cis-1,2-Dichloroethene . . . . . . . . . . . . 156-59-2
38)
trans-1,2-Dichloroethylene;
trans-1,2-Dichloroethene . . . . . . . . . . . . 156-60-5
39)
1,2-Dichloropropane;
Propylene dichloride . . . . . . . . . . . . 78-87-5
40) cis-1,3-Dichloropropene . . . . . . . . . . . . 10061-01-5
41) trans-1,3-Dichloropropene . . . . . . . . . . . . 10061-02-6
42) Ethylbenzene . . . . . . . . . . . . 100-41-4
43) 2-Hexanone; Methyl butyl ketone . . . . . . . . . . . . 591-73-6
44) Methyl bromide; Bromomethane . . . . . . . . . . . . 74-83-9
45) Methyl chloride; Chloromethane . . . . . . . . . . . . 74-87-3
46) Methylene bromide; Dibromomethane . . . . . . . . . . . . 74-95-3
47) Methylene chloride; Dichloromethane . . . . . . . . . . . . 75-09-2
48) Methyl ethyl ketone; MEK;
2-Butanone . . . . . . . . . . . . 78-93-3
49) Methyl iodide; lodomethane . . . . . . . . . . . . 74-88-4
50)
4-Methyl-2-pentanone;
Methyl isobutyl ketone . . . . . . . . . . . . 108-10-1
51) Styrene . . . . . . . . . . . . 100-42-5
52) 1,1,1,2-Tetrachloroethane . . . . . . . . . . . . 630-20-6
53) 1,1,2,2-Tetrachloroethane . . . . . . . . . . . . 79-34-5
54) Tetrachloroethylene; Tetrachloroethene;
Perchloroethylene . . . . . . . . . . . . 127-18-4
55) Toluene . . . . . . . . . . . . 108-88-3
56)
1,1,1-Trichloroethane;
Methyl chloroform . . . . . . . . . . . . 71-55-6
57) 1,1,2-Trichloroethane . . . . . . . . . . . . 79-00-5
58) Trichloroethylene; Trichloroethene . . . . . . . . . . . . 79-01-6
59) Trichlorofluoromethane; CFC-11 . . . . . . . . . . . . 75-69-4
60) 1,2,3-Trichloropropane . . . . . . . . . . . . 96-18-4
61) Vinyl acetate . . . . . . . . . . . . 108-05-4
62) vinyl chloride . . . . . . . . . . . . 75-01-4
63) Xylenes . . . . . . . . . . . . 1330-20-7
1 This list contains 47 volatile organics for which possible analytical procedures provided in EPA Report SW-846 "Test Methods for Evaluating Solid Waste," third edition, November 1986, as revised December 1987, includes Method 8260; and 15 metals for which SW-846 provides either Method 6010 or a method from the 7000 series of methods.
2 Common names are those widely used in government regulations, scientific publications, and commerce; synonyms exist for many chemicals.
3 Chemical Abstracts Service registry number.
APPENDIX II
GROUND WATER QUALITY PARAMETERS
Field Parameters
pH
specific conductance
temperature
static water level
Geochemical Indicator Parameters
Calcium (Ca) Sodium (Na)
Bicarbonate (HCO3) Chloride (Cl)
Magnesium (Mg) Potassium (K)
Sulfate (SO4) Alkalinity (as Ca CO3)
Iron (Fe)
Manganese (Mn)
Leachate Indicators
Ammonia (NH3-N)
Total Organic Carbon (TOC)
Total Dissolved Solids (TDS)
APPENDIX III
List of Hazardous Inorganic and Organic Constituents.1
Common Name2
(mg/L)6 CAS RN3 Chemical abstracts service
index name4
Suggested methods5 PQL
Acenaphthene
83-32-9
Acenaphthylene, 1,2-dihydro-
8100
8270 200
10
Acenaphthylene
208-96-8
Acenaphthylene
8100
8270 200
10
Acetone 67-64-1 2-Propanone 8260 100
Acetonitrile;
Methyl cyanide 75-05-8
Acetonitrile
8015
100
Acetophenone 98-86-2 Ethanone, 1-phenyl- 8270 10
2-Acetylaminofluorene; 2-AAF 53-96-3 Acetamide, N-9H-fluoren-2-yl- 8270 20
Acrolein
107-02-8
2-Propenal
8030
8260 5
100
Acrylonitrile
107-13-1
2-Propenenitrile
8030
8260 5
200
Aldrin
309-00-2
1,4:5,8-Dimethanonaphthalene,
1,2,3,4,10,10-hexachloro-1,4,
4a,5,8,8a-hexahydro- (1a,4a,
4a&bgr;,5a,8a,8a&bgr;)- 8080
8270
0.05
10
Allyl chloride
107-05-1
1-Propene, 3-chloro-
8010
8260 5
10
4-Aminobiphenyl 92-67-1 [1,1 1 -Biphenyl]-4-amine 8270 20
Anthracene
120-12-7
Anthracene
8100
8270 200
10
Antimony (Dissolved) Antimony 6010
7040
7041 300
2000
30
Arsenic
(Dissolved)
Arsenic
6010
7060
7061 500
10
20
Barium
(Dissolved)
Barium
6010
7080 20
1000
Benzene
71-43-2
Benzene
8020
8021
8260 2
0.1
5
Benzo[a]anthracene;
Benzanthracene 56-55-3
Benz[a]anthracene
8100
8270 200
10
Benzo[b]fluoranthene
205-99-2
Benz[e]acephenanthrylene
8100
8270 200
10
Benzo[k]fluoranthene
207-08-9
Benzo[k]fluoranthene
8100
8270 200
10
Benzo[ghi]perylene
191-24-2
Benzo[ghi]perylene
8100
8270 200
10
Benzo[a]pyrene
50-32-8
Benzo[a]pyrene
8100
8270 200
10
Benzyl alcohol 100-51-6 Benzenemethanol 8270 20
Beryllium (Dissolved) Beryllium 6010
7090
7091 3
50
2
alpha-BHC
319-84-6
Cyclohexane, 1,2,3,4,5,6-
hexachloro-, (1a,2a,3&bgr;,4a,5&bgr;,6&bgr;)- 8080
8270 0.05
10
beta-BHC
319-85-7
Cyclohexane, 1,2,3,4,5,6-
hexachloro-, (1a,2&bgr;,3a,4&bgr;,5a,6&bgr;)- 8080
8270 0.05
20
delta-BHC
319-86-8
Cyclohexane, 1,2,3,4,5,6-
hexachloro-, (1a,2a,3a,4&bgr;,5a,6&bgr;)- 8080
8270 0.1
20
gamma-BHC; Lindane
58-89-9
Cyclohexane, 1,2,3,4,5,6-
hexachloro-, (1a,2a,3&bgr;,4a,5a,6&bgr;)- 8080
8270 0.05
20
Bis(2-chloroethoxy)methane
111-91-1
Ethane, 1,1 1 -
[methylenebis(oxy)]bis[2-chloro- 8110
8270 5
10
Bis(2-chloroethyl) ether;
Dichloroethyl ether 111-44-4
Ethane, 1,1 1 -oxybis[2-chloro-
8110
8270 3
10
Bis-(2-chloro-1-methylethyl)
ether; 2,2 1 - 108-60-1
Propane, 2,2 1 -oxybis[1-chloro-
8110
8270 10
10
Dichlorodiisopropyl ether;
DCIP, See note 7
Bis(2-ethylhexyl) phthalate
117-81-7
1,2-Benzenedicarboxylic acid,
bis(2-ethylhexyl) ester 8060
20
Bromochloromethane;
Chlorobromomethane 74-97-5
Methane, bromochloro-
8021
8260 0.1
5
Bromodichloromethane;
Dibromochloromethane
75-27-4
Methane, bromodichloro-
8010
8021
8260 1
0.2
5
Bromoform; Tribromomethane
75-25-2
Methane, tribromo-
8010
8021
8260 2
15
5
4-Bromophenyl phenyl ether
101-55-3
Benzene, 1-bromo-4-phenoxy-
8110
8270 25
10
Butyl benzyl phthalate; Benzyl
butyl phthalate 85-68-7
1,2-Benzenedicarboxylic acid,
butyl phenylmethyl ester 8060
8270 5
10
Cadmium
(Dissolved)
Cadmium
6010
7130
7131 40
50
1
Carbon disulfide 75-15-0 Carbon disulfide 8260 100
Carbon tetrachloride
56-23-5
Methane, tetrachloro-
8010
8021
8260 1
0.1
10
Chlordane
See Note 8
4,7-Methano-1H-indene, 1,2,4,5,
6,7,8,8-octachloro-2,3,3a,4,7,
7a-hexahydro- 8080
8270
0.1
50
p-Chloroaniline 106-47-8 Benzenamine, 4-chloro- 8270 20
Chlorobenzene
108-90-7
Benzene, chloro-
8010
8020
8021
8260 2
2
0.1
5
Chlorobenzilate
510-15-6
Benzeneacetic acid, 4-chloro-a-
(4-chlorophenyl)-a-hydroxy-,
ethyl ester 8270
10
p-Chloro-m-cresol; 4-Chloro-3-
methylphenol 59-50-7
Phenol, 4-chloro-3-methyl-
8040
8270 5
20
Chloroethane; Ethyl chloride
75-00-3
Ethane, chloro-
8010
8021
8260 5
1
10
Chloroform; Trichloromethane
67-66-3
Methane, trichloro-
8010
8021
8260 0.5
0.2
5
2-Chloronaphthalene
91-58-7
Naphthalene, 2-chloro-
8120
8270 10
10
2-Chlorophenol
95-57-8
Phenol, 2-chloro-
8040
8270 5
10
4-Chlorophenyl phenyl ether
7005-72-3
Benzene, 1-chloro-4-phenoxy-
8110
8270 40
10
Chloroprene
126-99-8
1,3-Butadiene, 2-chloro-
8010
8260 50
20
Chromium
(Dissolved)
Chromium
6010
7190
7191 70
500
10
Chrysene
218-01-9
Chrysene
8100
8270 200
10
Cobalt
(Dissolved)
Cobalt
6010
7200
7201 70
500
10
Copper
(Dissolved)
Copper
6010
7210
7211 60
200
10
m-Cresol; 3-methylphenol 108-39-4 Phenol, 3-methyl- 8270 10
o-Cresol; 2-methylphenol 95-48-7 Phenol, 2-methyl- 8270 10
p-Cresol; 4-methylphenol 106-44-5 Phenol, 4-methyl- 8270 10
Cyanide 57-12-5 Cyanide 9010 200
2,4-D; 2,4-
Dichlorophenoxyacetic acid 94-75-7
Acetic acid, (2,4-
dichlorophenoxy)- 8150
10
4,4 1 -DDD
72-54-8
Benzene 1,1 1 -(2,2-
dichloroethylidene)bis[4-
chloro- 8080
8270
0.1
10
4,4 1 -DDE
72-55-9
Benzene, 1,1 1 -
(dichloroethyenylidene)bis[4-
chloro- 8080
8270
0.05
10
4,4 1 -DDT
50-29-3
Benzene, 1,1 1 -(2,2,2-
trichloroethylidene)bis[4-
chloro- 8080
8270
0.1
10
Diallate
2303-16-4
Carbamothioic acid, bis(1-
methylethyl)-,S-(2,3-dichloro-
2-propenyl) ester 8270
10
Dibenz[a,h]anthracene
53-70-3
Dibenz[a,h]anthracene (continued)