Current through Register Vol. 24-06, March 15, 2024
(1) Purpose and applicability. Special wastes
pose a relatively low hazard to human health and the environment. The
department believes that special wastes can be safely managed with a level of
protection that is intermediate between dangerous and nondangerous solid
wastes. This section establishes a conditional exclusion for the management of
special wastes. The definition for special waste is found in WAC
173-303-040.
(2) Exclusion. Special wastes are excluded
from the requirements of chapter 173-303 WAC, except for WAC
173-303-050;
173-303-060; 173-303-140 (4)(c); 173-303-145; 173-303-960; and 173-303-510
excluding subsections (4)(a), (4)(b)(iii), (5), (6)(c), and (6)(d). In
addition, special waste must be treated as dangerous waste for purposes of
pollution prevention planning as required in chapters 173-307 and 173-305 WAC.
Special wastes will not be considered as dangerous waste, provided they are
managed in accordance with the standards in this subsection and provided they
are disposed, legitimately recycled, or treated on-site consistent with the
requirements of WAC
173-303-170(2)(b)
(v).
(a)
Generators may not accumulate special waste on-site for more than one hundred
eighty days from the date the quantity of waste exceeds two thousand two
hundred pounds. The generator must keep a written record showing the dates when
accumulation of the wastes began;
(b) During accumulation, special waste must
be stored in a manner to prevent releases to the environment. This includes,
but is not limited to, storing wastes in compatible containers, on impermeable
surfaces, or in secondary containment structures, etc.;
(c) Facilities that receive special waste for
recycling must meet the requirements of (b) of this subsection and store
special wastes for no more than one hundred eighty days.
(d) All workers handling special wastes must
be informed of the waste's potential hazard, either through worker training,
health and safety plans, or notification of workers on a case-by-case
basis;
(e) Special wastes must be
transported directly from their site of generation to any off-site recycling,
treatment, or disposal destination. The wastes must not pass through any
intermediate solid waste processing facility, such as a transfer station,
unless:
(i) The transfer station operator has
made specific provisions for managing special waste by physical segregation,
packing, or other means to ensure that workers and the public are not exposed
to the waste stream at the transfer station;
(ii) The provisions are reflected in the
facilities operating plans;
(iii)
The plans have been approved by the transfer station's solid waste permitting
authority;
(iv) The transfer
station operator has informed workers of the wastes' potential hazard according
to (d) of this subsection; and
(v)
The waste is stored no more than thirty days at the transfer station, unless a
longer storage time is approved by the solid waste permitting
authority.
(f) A document
must accompany special waste during transit which identifies the type and
amount of special waste, its place of origin, the identity of the generator,
and the facility to which it is directed. An example form is provided in WAC
173-303-9906.
The generator and the receiving facility must maintain a record of the
facilities receipt of the special waste for at least five years;
(g) If a special waste being offered for
transportation meets the definition of hazardous materials under 49 C.F.R.
Parts 171 through 180, then the generator must package, label, mark and placard
the shipment, and prepare the proper shipping papers in accordance with
applicable Department of Transportation regulations in 49 C.F.R. Parts 172
through 180;
(h) Disposal of
special waste must be in landfill units which:
(i) Are permitted in accordance with chapter
173-351 WAC, provided that an engineered liner with leachate collection is used
to meet the alternative design requirements of WAC
173-351-300, or
are permitted under WAC
173-303-800
through
173-303-840
or if out-of-state under 40 C.F.R. Part 258 or Part 270; and
(ii) Are not currently undergoing corrective
action under WAC
173-351-440(7),
40 C.F.R.
258.56, or a similar requirement in state
regulations approved by the United States EPA pursuant to
42 U.S.C.
6945(c)(1)(B).
Statutory Authority:
Chapters
70.105,
70.105D,
15.54 RCW and
RCW
70.105.007. 00-11-040 (Order 99-01), §
173-303-073, filed 5/10/00, effective 6/10/00. Statutory Authority:
Chapters
70.105 and
70.105D RCW. 98-03-018 (Order
97-03), § 173-303-073, filed 1/12/98, effective 2/12/98; 95-22-008 (Order
94-30), § 173-303-073, filed 10/19/95, effective
11/19/95.