Current through Register Vol. 24-06, March 15, 2024
Large quantity generators, not to include transporters as
referenced in WAC
173-303-240(3),
may accumulate dangerous waste on site without a permit or interim status, and
without complying with the requirements of WAC
173-303-600
provided that all of the following conditions for exemption listed in this
section are met.
(1) Off-site
shipments. All dangerous waste is shipped off site to a designated facility or
placed in an on-site facility which is permitted by the department under WAC
173-303-800
through
173-303-845 or
recycled or treated on site in ninety days or less. A generator who accumulates
dangerous waste for more than ninety days is an operator of a storage facility
and is subject to the facility requirements of this chapter and the permit
requirements of this chapter as a storage facility unless they have been
granted an extension to the ninety-day period allowed pursuant to subsection
(2) of this section;
(2)
Accumulation time limit.
(a) The generator
accumulates dangerous waste on site for no more than ninety days unless;
(i) The department has granted a maximum
thirty-day extension to this ninety-day period. The department may, on a
case-by-case basis, grant a maximum thirty-day extension to this ninety-day
period if dangerous waste must remain on site due to unforeseen, temporary and
uncontrollable circumstances; or
(ii) The F006 accumulation conditions for
exemption in subsection (13) of this section are met.
(b) For the purposes of this section, the
ninety-day accumulation period begins on the date that:
(i) The generator first generates a dangerous
waste; or
(ii) The quantity (or
aggregated quantity) of dangerous waste being accumulated by a small quantity
generator first exceeds the accumulation limit for such waste (or wastes); or
(iii) The generator exceeds its
satellite accumulation limits prescribed in WAC
173-303-174(1).
(3) Accumulation of
waste in containers.
(a) Condition of
containers. If a container holding dangerous waste is not in good condition
(e.g., severe corroding or rusting or flaking or scaling, and/or apparent
structural defects) or if it begins to leak or is leaking, the generator must
transfer the dangerous waste from this container to a container that is in good
condition and does not leak and continue to manage that container and waste in
compliance with the conditions for exemption in this section. In addition, the
generator must address leaks and spills in accordance with the applicable
provisions of WAC
173-303-145
and
173-303-201(14).
(b) Compatibility of waste with container.
The generator must use a container made of or lined with materials which will
not react with, and are otherwise compatible with, the dangerous waste to be
stored, so that the ability of the container to contain the waste is not
impaired.
(c) Management of
containers.
(i) A container holding dangerous
waste must be closed at all times, except when it is necessary to add or remove
waste.
(ii) A container holding
dangerous waste must not be opened, handled, or stored in a manner which may
rupture the container or cause it to leak.
(iii) A minimum thirty-inch aisle space
separation is required between rows of containers. A row of containers must be
no more than two wide and allow for unobstructed inspection of each
container.
(d)
Inspections. The generator must conduct "weekly inspections," as defined in WAC
173-303-040, of each
central accumulation area looking for leaking containers and for deterioration
of containers and the containment system caused by corrosion, deterioration, or
other factors. The generator must keep a written or electronic inspection log
including at least the date and time of the inspection, the printed name and
the handwritten or electronic signature of the inspector, a notation of the
observations made and the date and nature of any repairs or remedial actions
taken. The log must be kept at the facility for at least five years from the
date of inspection. See subsection (3)(a) of this section for remedial action
required if deterioration or leaks are detected.
(e) Secondary containment. For container
accumulation the department requires that the central accumulation area(s) must
include secondary containment in accordance with WAC
173-303-630(7).
(f) Special requirements for ignitable or
reactive waste.
(i) Containers holding
reactive waste exhibiting a characteristic specified in WAC
173-303-090(7)(a)(vi),
(vii) or (viii) must be stored in a manner
equivalent to the separation distance for storage of explosives in the
International Fire Code, 2015 edition, or the version adopted by the local fire
district.
(ii) The generator must
design, operate, and maintain ignitable waste and reactive waste (other than a
reactive waste which must meet (f)(i) of this subsection) container storage in
a manner equivalent with the International Fire Code. Where no specific
standard or requirements are specified in the International Fire Code, or in
existing state or local fire codes, applicable sections of NFPA 30 "Flammable
and Combustible Liquids Code," must be used. The generator must also comply
with the requirements of WAC
173-303-395(1)(d).
(iii) The generator must take precautions to
prevent accidental ignition or reaction of ignitable or reactive waste. This
waste must be separated and protected from sources of ignition or reaction
including, but not limited to, the following: Frictional heat, sparks (static,
electrical, or mechanical), and radiant heat. While ignitable or reactive waste
is being handled, the generator must confine smoking and open flame to
specially designated locations. "No Smoking" signs must be conspicuously place
wherever there is a hazard from ignitable or reactive
waste.
(g) Special
requirements for incompatible wastes.
(i)
Incompatible waste, or incompatible wastes and materials must not be placed in
the same container, unless WAC
173-303-395(1)(b)
is complied with.
(ii) Dangerous
waste must not be placed in an unwashed container that previously held an
incompatible waste or material.
(iii) A storage container holding a dangerous
waste that is incompatible with any waste or other materials stored nearby in
other containers, piles, open tanks, or surface impoundments must be separated
from the other materials or protected from them by means of a dike, berm, wall,
or other device. Containment systems for incompatible wastes must be
separate.
(h) Closure.
(i) At closure, all dangerous waste and
dangerous waste residues must be removed from the containment system. Remaining
containers, liners, base, and soil containing or contaminated with dangerous
waste or dangerous waste residues must be decontaminated or removed.
(ii) In addition, such a generator is exempt
from all the requirements in WAC
173-303-610
and
173-303-620,
except for WAC
173-303-610(2) and
(5).
(i) Air emission standards. The generator
must comply with the applicable requirements of 40 C.F.R. Part 265, Sub-parts
AA, BB, and CC incorporated by reference in WAC
173-303-400(3)(a).
(4) Accumulation of dangerous
waste in tanks. The generator must comply with:
(a) Applicable air emission standards of 40
C.F.R. Part 265, Subparts AA, BB, and CC incorporated by reference in WAC
173-303-400(3)(a);
and
(b) Tank standards of WAC
173-303-640(2) through
(10), except WAC
173-303-640(8)(c)
and the second sentence of WAC
173-303-640(8)(a).
(Note: A generator, unless otherwise required to do so, does not have to
prepare a closure plan, a cost estimate for closure, or provide financial
responsibility of their tank system to satisfy the requirement of this
section.) Such a generator is exempt from the requirements of WAC
173-303-620
and
173-303-610,
except for WAC
173-303-610(2) and
(5).
(5) Accumulation of hazardous waste on drip
pads. If the waste is placed on drip pads, the generator must comply with the
following:
(a) WAC
173-303-675;
and
(b) Remove all wastes from the
drip pad and associated collection systems at least once every ninety days;
and
(c) Waste removed from drip
pads and associated collection systems must be sent immediately to:
(i) An off-site designated facility;
or
(ii) An on-site permitted
facility; or
(iii) To an on-site
central accumulation area where the waste is managed in compliance with the
on-site central accumulation area regulations in this section for the remainder
of the ninety-day accumulation time limit for large quantity generators.
(Example: A generator removes waste from the drip pad at fifty days, and the
generator is then allowed to further accumulate that waste in its central
accumulation area for up to an additional forty days.);
(d) Maintain the following records on site
and readily available for inspection:
(i) The
original start date waste was first placed on, or began to accumulate on, the
drip pad;
(ii) A description of
procedures that will be followed to ensure that all wastes are removed from the
drip pad and associated collection systems at least once every ninety days;
and
(iii) Documentation of each
waste removal, including the quantity of waste removed from the drip pad and
the sump or collection system and the date and time of removal.
(6) Accumulation of
hazardous waste in containment buildings. If the waste is placed in containment
buildings, the generator must comply with the following:
(a) 40 C.F.R. Part 265, Subpart DD, which is
incorporated by reference; and
(b)
Labeling.
(i) The generator must label its
containment building with the words "Dangerous Waste" or "Hazardous Waste" in a
conspicuous place easily visible and legible to employees, visitors, emergency
responders, waste handlers, or other persons on site. The label must be visible
and legible from a distance of twenty-five feet or the lettering size is a
minimum of one-half inch in height; and
(ii) The generator must also, in a
conspicuous place easily visible and legible to employees, visitors, emergency
responders, waste handlers, or other persons on site, provide its containment
building with an indication of the hazards of the contents (examples include,
but are not limited to, the applicable dangerous waste characteristic(s) and
criteria of ignitable, corrosive, reactive and toxic and the applicable
hazard(s) identified for listed dangerous waste). The indication must be:
(A) Legible and/or recognizable from a
distance of twenty-five feet or the lettering size is a minimum of one-half
inch in height; and
(B) Include
descriptive word(s) and/or pictogram(s) that identifies the hazards associated
with the contents.
(c) The generator must also maintain the
following records at the facility:
(i) The
independent qualified registered professional engineer certification that the
building complies with the design standards specified in
40 C.F.R.
265.1101 in the facility's operating record
no later than sixty days after the date of initial operation of the unit. Where
Subpart G and H are referenced in
40 C.F.R.
265.1102, replace them with WAC
173-303-610
and
173-303-620.
After February 18, 1993, PE certification will be required prior to operation
of the unit.
(ii) A written
description of procedures to ensure that each waste volume remains in the unit
for no more than ninety days, a written description of the waste generation and
management practices for the facility showing that they are consistent with
respecting the ninety-day limit, and documentation that the procedures are
complied with; or
(iii)
Documentation that the unit is emptied at least once every ninety
days.
(iv) Inventory logs or
records with the above information must be maintained on site and readily
available for inspection.
(7) Labeling and marking of containers and
tanks.
(a) A generator must clearly mark or
label their containers as follows:
(i) With
the date upon which each period of accumulation begins marked and clearly
visible for inspection .
(ii) With
the words "Dangerous Waste" or "Hazardous Waste." Except for containers one
gallon (or four liters) and under, the lettering must be legible from a
distance of twenty-five feet or the lettering size is a minimum of one-half
inch in height.
(iii) With an
indication of the hazards of the contents (examples include, but are not
limited to, applicable dangerous waste characteristic(s) or criteria of
ignitable, corrosive, reactive and toxic and the applicable hazard(s)
identified for listed dangerous wastes). The label or marking must be:
(A) Legible and/or recognizable from a
distance of twenty-five feet or the lettering size is a minimum of one-half
inch in height; and
(B) Include
descriptive word(s) and/or pictogram(s) that identifies the hazards associated
with the contents of the containers for the public, emergency response
personnel, and employees; for containers one gallon (or four liters) and under
the label, marking or lettering can be appropriate for the size of the
container.
(iv) Affix
labels upon transfer of dangerous wastes from one container to another. The
generator must destroy or otherwise remove labels from the emptied container,
unless the container will continue to be used for storing dangerous waste at
the facility.
(v) Ensure that
labels are not obscured, removed, or otherwise unreadable in the course of
inspection as required under subsection (3)(d) of this section.
(b) Generators accumulating
dangerous waste in tanks must do the following:
(i) Clearly mark or label its tanks with the
words "Dangerous Waste" or "Hazardous Waste" where the label or marking is
legible from a distance of fifty feet. For underground tank systems, the
marking or labels must either be placed on aboveground postings at each
underground tank system or at each entrance to the active portion (area where
the underground tank/tank system is located).
(ii) Clearly mark or label its tanks with an
indication of the hazards of the contents (examples include, but are not
limited to, the applicable dangerous waste characteristic(s) and criteria of
ignitable, corrosive, reactive and toxic and the applicable hazard(s)
identified for listed dangerous wastes). For underground tank systems, the
hazardous marking or labels must either be placed on aboveground postings at
each underground tank system or at each entrance to the active portion (area
where the underground tank/tank system is located). The label or marking must
be:
(A) Legible and/or recognizable from a
distance of at least fifty feet.
(B) Include descriptive word(s) and/or
pictogram(s) that identifies the hazards associated with the contents of the
tanks for the public, emergency response personnel, and employees.
(iii) Use inventory logs,
monitoring equipment, or other records to demonstrate that dangerous waste has
been emptied within ninety days of first entering the tank if using a batch
process, or in the case of a tank with a continuous flow process, demonstrate
that estimated volumes of dangerous waste entering the tank daily exit the tank
within ninety days of first entering.
(iv) Keep inventory logs or records with the
above information on site and readily available for inspection.
(c) The department may also
require that a sign be posted at each entrance to the accumulation area,
bearing the legend, "danger - unauthorized personnel keep out," or an
equivalent legend, written in English, and legible from a distance twenty-five
feet or more.
(8)
Emergency procedures. The generator complies with the standards of WAC
173-303-201.
(9) Personnel training.
(a) Training program. The generator must
provide a program of classroom instruction or on-the-job training for facility
personnel. This program must teach personnel to perform their duties in a way
that ensures the facility's compliance with this chapter, must teach facility
personnel dangerous waste management procedures (including contingency plan
implementation) relevant to the positions in which they are employed, must
ensure that facility personnel are able to respond effectively to emergencies,
and must include those elements set forth in the training plan required in (b)
of this subsection. In addition:
(i) The
training program must be directed by a person knowledgeable in dangerous waste
management procedures, and must include training relevant to the positions in
which the facility personnel are employed;
(ii) Facility personnel must participate in
an annual review of the training provided in the training program;
(iii) This program must be successfully
completed by the facility personnel:
(A)
Within six months after these regulations become effective; or
(B) Within six months after their employment
at or assignment to the facility, or to a new position at the facility,
whichever is later.
(iv)
Employees hired after the effective date of these regulations must be
supervised until they complete the training program; and
(v) At a minimum, the training program must
familiarize facility personnel with emergency equipment and systems, and
emergency procedures. The program must include other parameters as set forth by
the department, but at a minimum must include, where applicable:
(A) Procedures for using, inspecting,
repairing, and replacing facility emergency and monitoring equipment;
(B) Key parameters for automatic waste feed
cut-off systems;
(C) Communications
or alarm systems;
(D) Response to
fires or explosions;
(E) Response
to ground-water contamination incidents; and
(F) Shutdown of operations.
(b) Written training
plan. The generator must develop a written training plan which must be kept at
the facility and which must include the following documents and records:
(i) For each position related to dangerous
waste management at the facility, the job title, the job description, and the
name of the employee filling each job. The job description must include the
requisite skills, education, other qualifications, and duties for each
position;
(ii) A written
description of the type and amount of both introductory and continuing training
required for each position; and
(iii) Records documenting that facility
personnel have received and completed the training required by this section.
The department may require, on a case-by-case basis, that training records
include employee initials or signature to verify that training was
received.
(c) Training
records. Training records on current personnel must be kept until closure of
the facility. Training records on former employees must be kept for at least
three years from the date the employee last worked at the facility. Personnel
training records may accompany personnel transferred within the same
company.
(10) General
inspections.
(a) The generator must inspect
the facility to prevent malfunctions and deterioration, operator errors, and
discharges which may cause or lead to the release of dangerous waste
constituents to the environment, or a threat to human health. The generator
must conduct these inspections often enough to identify problems in time to
correct them before they harm human health or the environment.
(b) The generator must develop and follow a
written schedule for inspecting all monitoring equipment, safety and emergency
equipment, security devices, and operating and structural equipment that help
prevent, detect, or respond to hazards to the public health or the environment.
In addition:
(i) The schedule must be kept at
the facility;
(ii) The schedule
must identify the types of problems which are to be looked for during
inspections;
(iii) The generator
must keep a written or electronic inspection log or summary, including at least
the date and time of the inspection, the printed name and the handwritten or
electronic signature of the inspector, a notation of the observations made, an
account of spills or discharges in accordance with WAC
173-303-145,
and the date and nature of any repairs or remedial actions taken. The log or
summary must be kept at the facility for at least five years from the date of
inspection.
(c) The
generator must remedy any problems revealed by the inspection, on a schedule
which prevents hazards to the public health and environment. Where a hazard is
imminent or has already occurred, remedial action must be taken
immediately.
(11) Land
disposal restrictions. The generator complies with all applicable requirements
under 40 C.F.R. 268.
(12) Closure.
A generator accumulating dangerous waste in containers, tanks, drip pads and
containment buildings, prior to closing a unit at the facility, or prior to
closing the facility, must meet the following conditions:
(a) Notification for closure of a waste
accumulation unit. The generator must perform one of the following when closing
a waste accumulation unit:
(i) Place a notice
in the operating record within thirty days after closure identifying the
location of the unit within the facility; or
(ii) Meet the closure performance standards
of (c) of this subsection for container, tank, and containment building waste
accumulation units or (d) of this subsection for drip pads and notify the
department following the procedures of (b)(ii) of this subsection for the waste
accumulation unit. If the waste accumulation unit is subsequently reopened, the
generator may remove the notice from the operating record.
(b) Notification of closure of the facility.
(i) Notify the department using the
Washington State Dangerous Waste Site Identification Form no later than thirty
days prior to closing the facility.
(ii) Notify the department using the
Washington State Dangerous Waste Site Identification Form within ninety days
after closing the facility that it has complied with the closure performance
standards of (c) or (d) of this subsection, respectively. If the facility
cannot meet the closure performance standards of (c) or (d) of this subsection,
notify the department using the Washington State Dangerous Waste Site
Identification Form that it will close as a landfill under WAC
173-303-665 in the case
of a container, tank or containment building unit(s), or for a facility with
drip pads, notify using the Washington State Dangerous Waste Site
Identification Form that it will close under the drip pad standards of WAC
173-303-675.
(iii) A generator may request additional time
to clean at closure (i.e., to meet the closure performance standards of (c) or
(d) of this subsection, respectively), but it must notify the department using
the Washington State Dangerous Waste Site Identification Form within
seventy-five days after the date provided in (b)(i) of this subsection to
request an extension and provide an explanation as to why the additional time
is required.
(c) Closure
performance standard for container, tank systems and containment building waste
accumulation units. At closure the generator must close the accumulation unit
or facility in a manner that:
(i)
(A) Minimizes the need for further
maintenance;
(B) Controls,
minimizes or eliminates to the extent necessary to protect human health and the
environment, post-closure escape of dangerous waste, dangerous waste
constituents, leachate, contaminated runoff, or dangerous waste decomposition
products to the ground, surface water, ground-water, or the atmosphere;
and
(C) Returns the land to the
appearance and use of surrounding land areas to the degree possible given the
nature of the previous dangerous waste activity.
(ii) Remove or decontaminate all contaminated
equipment, bases, structures and soil and any remaining dangerous waste
residues from waste accumulation units including containment system components
(pads, liners, etc.), contaminated soils and subsoils, bases, and structures
and equipment. Such removal or decontamination must assure that the levels of
dangerous waste or dangerous waste constituents or residues do not exceed:
(A) For soils, groundwater, surface water,
and air, the numeric cleanup levels calculated using unrestricted use exposure
assumptions according to the Model Toxics Control Act regulations, chapter
173-340 WAC as of the effective date or hereafter amended. Primarily, these
will be numeric cleanup levels calculated according to MTCA Method B, although
MTCA Method A may be used as appropriate, see WAC
173-340-700
through
173-340-760,
excluding WAC 173-340-745; and
(B)
For all structures, equipment, bases, liners, etc., clean closure standards
will be set by the department on a case-by-case basis in accordance with the
closure performance standards of (c) of this subsection and in a manner that
minimizes or eliminates post-closure escape of dangerous waste
constituents.
(iii) Any
dangerous waste and all contaminated equipment, structures and soils generated
in the process of closing either the generator's facility or unit(s)
accumulating dangerous waste must be managed in accordance with all applicable
standards of this chapter, including removing any dangerous waste contained in
these units within ninety days of generating it and managing these wastes in a
permitted designated facility.
(iv)
If the generator demonstrates that any contaminated soils, equipment,
structures, and wastes cannot be practicably removed or decontaminated as
required in (c)(ii) of this subsection, then the waste accumulation unit is
considered to be a landfill and the generator must close the waste accumulation
unit and perform post-closure care in accordance with the closure and
post-closure care requirements that apply to landfills (WAC
173-303-665 ). In
addition, for the purposes of closure, post-closure, and financial
responsibility, such a waste accumulation unit is then considered to be a
landfill, and the generator must meet all of the requirements for landfills
specified in WAC
173-303-665.
(d) Closure performance standards for drip
pad waste accumulation units. At closure, the generator must comply with the
closure requirements of (b), (c)(i) and (iii) of this subsection, and WAC
173-303-675.
(e) The closure requirements of this
subsection do not apply to satellite accumulation areas.
(13) Accumulation of F006.
(a) A large quantity generator who also
generates waste-water treatment sludges from electroplating operations that
meet the listing description for the dangerous waste code F006, may accumulate
F006 waste on site for more than ninety days, but not more than one hundred
eighty days without a permit or without having interim status provided that:
(i) The generator has implemented pollution
prevention practices that reduce the amount of any dangerous substances,
pollutants or contaminants entering F006 or otherwise released to the
environment prior to its recycling;
(ii) The F006 waste is legitimately recycled
through metals recovery;
(iii) No
more than 44,000 pounds of F006 waste is accumulated on site at any one time;
and
(iv) The F006 waste is managed
in accordance with the following:
(A) The F006
waste is placed:
(I) In containers and the
generator complies with the applicable requirements of WAC 173-303-200(3),
173-303-690
through
173-303-692;
and/or
(II) In tanks and the
generator complies with the applicable requirements of WAC
173-303-690
through
173-303-692
and 173-303-200(4); and/or
(III) In
containment buildings and the generator complies with Subpart DD of 40 C.F.R.
Part 265 which is incorporated by reference at WAC
173-303-400(3),
and has placed its independent qualified registered professional engineer
certification that the building complies with the design standards specified in
40 C.F.R.
265.1101 in the facility's operating record
prior to operation of the unit. The generator must maintain the following
records at the facility:
* A written description of procedures to ensure that the F006
waste remains in the unit for no more than one hundred eighty days, a written
description of the waste generation and management practices for the facility
showing that they are consistent with the one hundred eighty-day limit, and
documentation that the generator is complying with the procedures; or
* Documentation that the unit is emptied at least once every
one hundred eighty days.
(B) In addition, such a generator is exempt
from all the requirements in Subparts G and H of 40 C.F.R. Part 265, except for
265.111 and 265.114 which are incorporated by reference in WAC
173-303-400(3).
(C) Labeling and marking of containers and
tanks. While being accumulated on site, each container and tank is clearly
labeled or marked with:
(I) The date upon
which each period of accumulation begins is clearly marked and visible for
inspection on each container;
(II)
While being accumulated on site, each container and tank is labeled or marked
clearly with the words "Dangerous Waste" or "Hazardous Waste." For containers
the label or marking is legible from a distance of twenty-five feet or the
lettering size is a minimum of one-half inch in height. For tanks the label or
markings is legible from fifty feet. For underground tank systems, the label or
markings, must either be placed on aboveground postings at each underground
tank system or at each entrance to the active portion (area where the
underground tank/tank system is located); and
(III) With an indication of the hazards of
the contents (examples include, but are not limited to, applicable dangerous
waste characteristic(s) or criteria of ignitable, corrosive, reactive and
toxic). The label or marking must be:
* For containers, legible and/or recognizable from a distance
of twenty-five feet or the lettering size is a minimum of one-half inch in
height; and
* For tanks, legible and/or recognizable from fifty
feet.
* A descriptive word(s) and/or pictogram(s) that identifies the
hazards associated with the contents of the containers or tanks for the public,
emergency response personnel, and employees.
(D) The generator complies with the
requirements for owners or operators in WAC 173-303-200(9),
173-303-201
and with
40
C.F.R. 268.7(a)(5) which is
incorporated by reference in WAC
173-303-140(2)(a).
(b) F006 transportation over two hundred
miles. A generator who generates 2,200 pounds or greater of dangerous waste per
calendar month who also generates wastewater treatment sludges from
electroplating operations that meet the listing description for the dangerous
waste code F006, and who must transport this waste, or offer this waste for
transportation, over a distance of two hundred miles or more for off-site
metals recovery, may accumulate F006 waste on site for more than ninety days,
but not more than two hundred seventy days without a permit or without having
interim status if the generator complies with the requirements of (a)(i)
through (iv) of this subsection.
(c) F006 accumulation time extension. A
generator accumulating F006 in accordance with (a) and (b) of this subsection
who accumulates F006 waste on site for more than one hundred eighty days (or
for more than two hundred seventy days if the generator must transport this
waste, or offer this waste for transportation, over a distance of two hundred
miles or more), or who accumulates more than 44,000 pounds of F006 waste on
site is an operator of a storage facility and is subject to the facility and
permit requirements of this chapter unless the generator has been granted an
extension to the one hundred eighty-day (or two hundred seventy-day, if
applicable) period or an exception to the 44,000 pound accumulation limit. Such
extensions and exceptions may be granted by the department if F006 waste must
remain on site for longer than one hundred eighty days (or two hundred seventy
days, if applicable) or if more than 44,000 pounds of F006 waste must remain on
site due to unforeseen, temporary, and uncontrollable circumstances. An
extension of up to thirty days or an exception to the accumulation limit may be
granted at the discretion of the department on a case-by-case basis.
(14) Rejected load. A
generator who sends a shipment of dangerous waste to a designated facility with
the understanding that the designated facility can accept and manage the waste
and later receives that shipment back as a rejected load or residue in
accordance with the manifest discrepancy provisions of WAC
173-303-370(5)
may accumulate the returned waste on site in accordance with subsections (1)
through (12) of this section. Upon receipt of the returned shipment, the
generator must:
(a) Sign Item 18c of the
manifest, if the transporter returned the shipment using the original manifest;
or
(b) Sign Item 20 of the
manifest, if the transporter returned the shipment using a new
manifest.
(15)
Consolidation of dangerous waste received from small quantity generators. Large
quantity generators may accumulate on-site dangerous waste received from small
quantity generators under the control of the same person (as defined in WAC
173-303-040 ),
without a storage permit or interim status and without complying with the final
facility standards of WAC
173-303-600,
provided that they comply with the following conditions:
(a) Definitions. The definition of "control"
as it applies to this section is found in WAC
173-303-040.
(b)
(i) The
large quantity generator must notify the department using Washington State
Dangerous Waste Site Identification Form according to the instructions on the
form at least thirty days prior to receiving the first shipment from a small
quantity generator(s); and
(ii)
Identifies on the form the name(s) and site address(es) for the small quantity
generator(s) as well as the name and business telephone number for a contact
person for the small quantity generator(s); and
(iii) Submits an updated Washington State
Dangerous Waste Site Identification Form according to the instructions on the
form within thirty days after a change in the name or site address for the
small quantity generator.
(c) The large quantity generator maintains
records of shipments for five years from the date the dangerous waste was
received from the small quantity generator. These records must identify the
name, site address, and contact information for the small quantity generator
and include a description of the dangerous waste received, including the
quantity and the date the waste was received.
(d) The large quantity generator complies
with the independent requirements identified in WAC
173-303-170(2)(a)
(iii) and the conditions for exemption in
this section.
(e) For the purpose
of complying with the labeling and marking regulations in subsection (7) of
this section, the large quantity generator must label the container or unit
with the date accumulation started (i.e., the date the dangerous waste was
received from the small quantity generator). If the large quantity generator
consolidates incoming dangerous waste from a small quantity generator with
either its own dangerous waste or with dangerous waste from other small
quantity generators, the large quantity generator must label each container or
unit with the earliest date any dangerous waste in the container was
accumulated on site.
Statutory Authority:
Chapters
70.105 and
70.105D RCW. 09-14-105 (Order
07-12), § 173-303-200, filed 6/30/09, effective 7/31/09. Statutory
Authority:
Chapters
70.105,
70.105D, and
15.54 RCW and
RCW
70.105.007. 04-24-065 (Order 03-10), §
173-303-200, filed 11/30/04, effective 1/1/05. Statutory Authority:
Chapters
70.105 and
70.105D RCW. 03-07-049 (Order
02-03), § 173-303-200, filed 3/13/03, effective 4/13/03. Statutory
Authority:
Chapters
70.105,
70.105D,
15.54 RCW and
RCW
70.105.007. 00-11-040 (Order 99-01), §
173-303-200, filed 5/10/00, effective 6/10/00. Statutory Authority:
Chapters
70.105 and
70.105D RCW. 95-22-008 (Order
94-30), § 173-303-200, filed 10/19/95, effective 11/19/95; 94-01-060
(Order 92-33), § 173-303-200, filed 12/8/93, effective 1/8/94. Statutory
Authority:
Chapters
70.105 and
70.105D RCW, 40 C.F.R. Part 271.3
and RCRA § 3006 ( 42 U.S.C. 3251 ). 91-07-005 (Order 90-42), §
173-303-200, filed 3/7/91, effective 4/7/91. Statutory Authority:
Chapter
70.105 RCW. 89-02-059
(Order 88-24), § 173-303-200, filed 1/4/89; 86-12-057 (Order DE-85-10),
§ 173-303-200, filed 6/3/86; 84-14-031 (Order DE 84-22), §
173-303-200, filed 6/27/84. Statutory Authority:
Chapter
70.105 RCW and
RCW
70.95.260. 82-05-023 (Order DE 81-33), §
173-303-200, filed 2/10/82.