Current through Register Vol. 24-06, March 15, 2024
(1)
Purpose and applicability.
(a) The purpose of
WAC 173-303-075 is to establish
procedures by which the generator of a solid waste may apply to the department
for a review of his waste, and for a determination of the designation of his
waste. When a final determination is made, the department will issue a
certificate of designation which will describe the status of the generator's
waste with respect to the designation requirements of this chapter 173-303
WAC.
(b) The provisions of this
section are applicable to any person who produces a solid waste, who may be
subject to the requirements of this chapter 173-303 WAC as the generator of a
dangerous waste and who wishes to obtain a certificate designating the status
of his waste.
(2)
Certification. Any person who produces a solid waste which could be a dangerous
waste may apply to the department, in accordance with the guidelines published
pursuant to WAC
173-303-075(4),
for a certificate of designation for his waste.
(a) The certificate of designation will
describe the status of the designation for a waste or wastes as follows:
(i) Either, the certificate will state that
the waste or wastes listed in the certificate are designated dangerous waste;
or
(ii) The certificate will state
that the waste or wastes listed in the certificate are not designated dangerous
waste under the designation lists or characteristics of WAC
173-303-080 through
173-303-090; or
(iii) The certificate will state that the
waste or wastes listed in the certificate are not designated dangerous waste
under the dangerous waste lists, characteristics or criteria, WAC
173-303-080 through
173-303-100.
(b) The certificate of designation will, at a
minimum, include the following information:
(i) The name, address, telephone number and,
where applicable, the EPA/state identification number of the person to whom the
certificate is issued;
(ii) A
statement of the status of the designation of the waste or wastes listed in the
certificate and, if designated, whether DW or EHW;
(iii) A listing of the waste or wastes for
which the certificate has been issued;
(iv) The signature of the director or his
designee;
(v) The date on which the
certificate was issued; and
(vi)
The period of time or conditions for which the certificate is valid.
(c) Once a certificate of
designation has been issued to a person, that person is no longer subject to
the designation procedures of WAC
173-303-080 through
173-303-100, unless the period of
time for which the certificate is valid expires, the conditions under which the
certificate is valid change, or the department withdraws its certification of
designation in accordance with WAC
173-303-075(5).
If the certificate states that the waste or wastes listed in it are designated,
then the person to whom the certificate is issued must comply with all
applicable requirements of this chapter 173-303 WAC. If the certificate states
that the waste or wastes listed in it are not designated, then the person to
whom the certificate is issued is not subject to the requirements of this
chapter 173-303 WAC, unless the certificate becomes invalid or the department
withdraws its certification.
(d)
While an application for a certificate of designation is pending final action
by the department, the person applying for certification must comply with all
applicable requirements of this chapter 173-303 WAC.
(e) While a certificate of designation is
being amended, in accordance with WAC
173-303-075(5),
the certificate will remain in effect except for those parts of the certificate
which the department specifically suspends.
(3) Designation. Determination of the status
of designation for a waste or wastes for which a certificate of designation is
being sought will follow the procedures set forth in this subsection.
(a) A waste will be certified as a dangerous
waste if it is designated under any of the methods set forth in WAC
173-303-080 through
173-303-100.
(b) A waste will be certified as not a
dangerous waste if:
(i) It has only been
checked against WAC
173-303-080 through
173-303-090 (lists and
characteristics) and it is not designated; or
(ii) It has been checked against the
dangerous waste lists, characteristics and criteria, WAC
173-303-080 through
173-303-100, and it is not
designated.
(4) Application. Any person who wishes to
apply for a certificate of designation must do so according to the
certification guidelines published by and available from the department. The
department will follow the procedures specified in the certification guidelines
when considering an application for a certificate.
(5) Review of certification. Review of and
changes to or withdrawal of certificates of designation will be performed by
the department according to the procedures specified in the certification
guidelines, available from the department. At a minimum, the certification
guidelines provide for the following procedures:
(a) The department will periodically review
each certificate of designation to insure that it is current and accurately
states the proper designation for the waste or wastes listed on the
certificate.
(b) The department may
amend, or any person with a certificate of designation may request the
department to amend, any certificate in the event that changes to the
certificate are necessary to keep it current or maintain its accuracy. The
person will obtain concurrence of the department if he wishes to amend his
certificate to reflect changes in the information on the certificate (e.g., new
wastes, changes in waste properties, changes of address, etc.).
(c) The department reserves the authority to
withdraw any certificate of designation if there is reason to believe that the
certificate results in a threat to public health or the environment. If a
certificate is withdrawn, then the waste or wastes listed on the certificate
will be subject to all applicable requirements of this chapter 173-303
WAC.
Statutory Authority:
Chapters
70.105 and
70.105D RCW. 95-22-008 (Order
94-30), § 173-303-075, filed 10/19/95, effective 11/19/95; 94-01-060
(Order 92-33), § 173-303-075, filed 12/8/93, effective 1/8/94. Statutory
Authority:
Chapter
70.105 RCW. 84-09-088
(Order DE 83-36), § 173-303-075, filed 4/18/84. Statutory Authority:
Chapter
70.105 RCW and
RCW
70.95.260. 82-05-023 (Order DE 81-33), §
173-303-075, filed 2/10/82.