Washington Administrative Code
Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508)
Chapter 173-303 - Dangerous waste regulations
Section 173-303-240 - Requirements for transporters of dangerous waste
Current through Register Vol. 24-06, March 15, 2024
(1) Applicability. This section establishes standards that apply to persons transporting dangerous waste and transporters who own or lease and operate a transfer facility.
(2) A transporter must have a current EPA/state ID#. Transporters must comply with the notification and identification requirements of WAC 173-303-060. A transporter who has previously obtained an EPA/state ID# in another state is not required to obtain a new ID# when operating in Washington state. Transporters who must comply with the generator requirements as a result of a spill at a transfer facility or during transport must obtain a separate generator EPA/state ID# for the spill.
(3) Any person who transports a dangerous waste must comply with the requirements of WAC 173-303-240 through 173-303-270, when the dangerous waste must be manifested in accordance with WAC 173-303-180.
(4) Any person who transports a dangerous waste must also comply with the requirements of WAC 173-303-170 through 173-303-230 for generators, if they:
(5) These requirements do not apply to on-site (as defined in WAC 173-303-040 ) transportation of dangerous waste by generators, or by owners or operators of permitted TSD facilities.
(6) Transfer facility. The requirements of this subsection apply to a transporter or marine terminal operator who owns or leases and operates a transfer facility. Transfer of a shipment of dangerous waste from one transport vehicle to another transport vehicle, from one container to another container, and from one transporter to another transporter and any ten-day storage activities may only occur at a transfer facility that is registered with the department. A transporter may store manifested shipments of dangerous waste in containers meeting the requirements of WAC 173-303-190(1), (2), (3), and (5) for ten days or less at a transfer facility, without complying with the final facility requirements of WAC 173-303-600 and without obtaining a storage permit under WAC 173-303-800, provided that they comply with the following:
(7) Transporter exemptions. A transporter will not be required to comply with the following:
(8) A transporter who accumulates or stores manifested shipments of dangerous waste for more than ten days at a transfer facility is subject to the dangerous waste management facility general requirements and permit requirements of this chapter with respect to the storage of those wastes.
(9) Reference to WAC 173-303-200 in 173-303-240(4) does not constitute authority for storage in excess of ten days for a transporter who owns or leases and operates a transfer facility.
(10) The regulations in WAC 173-303-250 through 173-303-260 do not apply to transportation during an explosives or munitions emergency response, conducted in accordance with WAC 173-303-400(2)(c)(xiii)(A)(IV) or (xiii)(D) or WAC 173-303-600(3)(p)(i)(D) or (3)(p)(iv), and WAC 173-303-800(7)(c)(i)(C) or (D).
(11) A transporter of hazardous waste subject to the manifesting requirements of WAC 173-303-180 or to the universal waste management standards of WAC 173-303-573, that is being imported from or exported to any other country for purposes of recovery or disposal is subject to this section and to all other relevant requirements of 40 C.F.R. Subpart H of Part 262 including, but not limited to, 40 C.F.R. 262.83 and 262.84 for movement documents. 40 C.F.R. Subpart H is incorporated by reference at WAC 173-303-230(1).
Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW 70.105.007. 04-24-065 (Order 03-10), § 173-303-240, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), § 173-303-240, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order 94-30), § 173-303-240, filed 10/19/95, effective 11/19/95; 94-01-060 (Order 92-33), § 173-303-240, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapter 70.105 RCW. 87-14-029 (Order DE-87-4), § 173-303-240, filed 6/26/87; 86-12-057 (Order DE-85-10), § 173-303-240, filed 6/3/86; 84-14-031 (Order DE 84-22), § 173-303-240, filed 6/27/84. Statutory Authority: RCW 70.95.260 and chapter 70.105 RCW. 82-05-023 (Order DE 81-33), § 173-303-240, filed 2/10/82. Formerly WAC 173-302-210.