Current through Register Vol. 24-06, March 15, 2024
(1) Applicability.
The requirements of WAC
173-303-280 through
173-303-395 apply to all owners
and operators of facilities which store, treat, or dispose of dangerous wastes
and which must be permitted under the requirements of this chapter 173-303 WAC,
unless otherwise specified in this chapter. Whenever a shipment of dangerous
waste is initiated from a facility, the owner or operator of that facility must
comply with the requirements for generators, WAC
173-303-170 through
173-303-230.
(2) Imminent hazard. Notwithstanding any
provisions of this chapter, enforcement actions may be brought in the event
that the management practices of a facility present an imminent and substantial
hazard to the public health and the environment, regardless of the quantity or
concentration of a dangerous waste.
(3) Identification numbers. Every facility
owner or operator must apply for an EPA/state identification number from the
department in accordance with WAC
173-303-060.
(4) The owner or operator must comply with
the special land disposal restrictions for certain dangerous wastes in WAC
173-303-140.
(5) Salt dome formations, salt bed
formations, underground mines and caves. The placement of any noncontainerized
or bulk liquid dangerous waste in any salt dome formation, salt bed formation,
underground mine or cave is prohibited.
(6) The requirements of WAC
173-303-290 through
173-303-360 and WAC
173-303-395 do not apply to
cleanup-only facilities. Instead, owners/operators of cleanup-only facilities
must comply with the following requirements.
(a) Obtain an EPA/state identification number
in accordance with WAC
173-303-060(2).
(b) Obtain a detailed chemical and physical
analysis of a representative sample of the dangerous remediation waste to be
treated, stored or disposed at the site. At a minimum, this analysis must
contain all information that must be known to treat, store or dispose of the
dangerous remediation waste according to WAC
173-303-140(2)(a),
173-303-280 through
173-303-395 and WAC
173-303-600 through
173-303-695 and must be kept
accurate and up to date.
(c)
Prevent people who are unaware of the danger from entering, and minimize the
possibility for unauthorized people or livestock to enter onto the active
portion of the remediation waste management site, unless the owner or operator
can demonstrate to the director that:
(i)
Physical contact with the dangerous remediation waste, structures or equipment
within the active portion of the remediation waste management site will not
injure people or livestock who may enter the active portion of the remediation
waste management site; and
(ii)
Disturbance of the dangerous remediation waste or equipment by people or
livestock who enter onto the active portion of the remediation waste management
site will not cause a violation of the requirements of WAC
173-303-280 through
173-303-395 or WAC
173-303-600 through
173-303-695.
(d) Inspect the remediation waste management
site for malfunctions, deterioration, operator errors, and discharges that may
lead to a release of dangerous constituents to the environment or a threat to
human health. Inspections must be conducted often enough to identify problems
in time to correct them before they harm human health or the environment.
Problems must be remedied before they lead to a human health or environmental
threat. Where a hazard is imminent or has already occurred, remedial action
must be taken immediately.
(e)
Provide personnel with classroom or on-the-job training on how to perform their
duties in a way that ensures the remediation waste management site complies
with the requirements of WAC
173-303-280 through
173-303-395 and WAC
173-303-600 through
173-303-695 and on how to
effectively respond to emergencies.
(f) Take precautions to prevent accidental
ignition or reaction of ignitable or reactive dangerous remediation waste and
prevent threats to human health and the environment from ignitable, reactive
and incompatible dangerous remediation waste.
(g) Develop and maintain a construction
quality assurance program for all surface impoundments, waste piles and
landfill units that are required to comply with WAC
173-303-650(2)(j) and
(k),
173-303-660(2)(j) and
(k) or
173-303-655(2)(h), (i) and
(j). The construction quality assurance must
meet the requirements of WAC
173-303-335.
(h) Develop and maintain procedures to
prevent accidents and a contingency and emergency plan to control accidents
that occur. The procedures must address proper design, construction,
maintenance and operation of remediation waste management units at the site.
The goal of the plan must be to minimize the possibility of, and the hazards
from, a fire, explosion or any other unplanned sudden or nonsudden release of
dangerous remediation waste or dangerous constituents to the air, soil or
surface water that could threaten human health or the environment. The plan
must explain specifically how to treat, store or dispose of the remediation
waste in question and must be implemented immediately whenever a fire,
explosion or release of dangerous remediation waste or dangerous constituents
occurs and could threaten human health or the environment.
(i) Designate at least one employee, either
on the remediation waste management site premises or on call (that is,
available to respond to an emergency by reaching the remediation waste
management site quickly), to coordinate all emergency response measures. The
emergency coordinator must be thoroughly familiar with all aspects of the
remediation waste management site contingency plan, all operations and
activities at the site, the location and characteristics of dangerous
remediation waste handled, the location of all records within the site, and the
site layout. The emergency coordinator must have authority to commit the
resources needed to carry out the contingency plan.
(j) Develop, maintain and implement a plan to
meet the requirements of this subsection.
(k) Maintain records documenting compliance
with this subsection.
Statutory Authority:
Chapters
70.105,
70.105D,
15.54 RCW and
RCW
70.105.007. 00-11-040 (Order 99-01), §
173-303-280, filed 5/10/00, effective 6/10/00. Statutory Authority:
Chapters
70.105 and
70.105D RCW. 98-03-018 (Order
97-03), § 173-303-280, filed 1/12/98, effective 2/12/98; 95-22-008 (Order
94-30), § 173-303-280, filed 10/19/95, effective 11/19/95. Statutory
Authority:
Chapter
70.105 RCW. 88-02-057
(Order DE 83-36), § 173-303-280, filed 1/5/88, effective 2/5/88; 87-14-029
(Order DE-87-4), § 173-303-280, filed 6/26/87; 86-12-057 (Order DE-85-10),
§ 173-303-280, filed 6/3/86; 84-09-088 (Order DE 83-36), §
173-303-280, filed 4/18/84. Statutory Authority:
Chapter
70.105 RCW and
RCW
70.95.260. 82-05-023 (Order DE 81-33), §
173-303-280, filed 2/10/82.