Current through Register Vol. 24-06, March 15, 2024
(1)
Applicability and requirements. (Also, see WAC
173-303-120(3).)
(a) This section applies to recyclable
materials that are reclaimed to recover economically significant amounts of
gold, silver, platinum, palladium, iridium, osmium, rhodium, ruthenium, or any
combination of these.
(b) Persons
who generate, transport, or store recyclable materials that are regulated under
this section are subject to the following requirements:
(i) Notification requirements under WAC
173-303-060;
(ii) WAC
173-303-180 (for
generators), 173-303-250 (for transporters), and 173-303-370 (for persons who
store); and
(iii) For precious
metals exported to or imported from other countries for recovery, 40 C.F.R.
subpart H of part 262 (incorporated by reference at WAC
173-303-230(1)
) .
(c) Persons who store
recycled materials that are regulated under this section must keep the
following records to document that they are not accumulating these materials
speculatively (as defined in WAC
173-303-016(5)(d)(ii)
);
(i) Records showing the volume of these
materials stored at the beginning of the calendar year;
(ii) The amount of these materials generated
or received during the calendar year; and
(iii) The amount of materials remaining at
the end of the calendar year.
(d) Recyclable materials that are regulated
under this section that are accumulated speculatively (as defined in WAC
173-303-016(5)(d)(ii)
) are dangerous wastes and are subject to all applicable provisions of this
chapter.
(2) Additional
regulation of recyclable materials utilized for precious metal recovery on a
case-by-case basis.
The department may decide on a case-by-case basis that persons
accumulating or storing recyclable materials utilized for precious metal
recovery should be regulated under WAC
173-303-120(4).
The basis for this decision is that the materials are being accumulated or
stored in a manner that does not protect human health and the environment
because the materials or their toxic constituents have not been adequately
contained, or because the materials being accumulated or stored together are
incompatible. In making this decision, the department will consider the
following factors:
(a) The types of
materials accumulated or stored and the amounts accumulated or
stored;
(b) The method of
accumulation or storage;
(c) The
length of time the materials have been accumulated or stored before being
reclaimed;
(d) Whether any
contaminants are being released into the environment, or are likely to be so
released; and
(e) Other relevant
factors.
The procedures for this decision are set forth in subsection
(3) of this section.
(3) Procedures for case-by-case regulation of
recyclable materials utilized for precious metal recovery.
The department will use the following procedures when
determining whether to regulate recyclable materials utilized for precious
metal recovery under the provisions of WAC
173-303-120(4),
rather than under the provisions of subsection (1) of this section.
(a) If a generator is accumulating the waste,
the department will issue a notice setting forth the factual basis for the
decision and stating that the person must comply with the applicable
requirements of WAC
173-303-170
and
173-303-190
through
173-303-230.
The notice will become final within thirty days, unless the person served
requests a public hearing to challenge the decision. Upon receiving such a
request, the department will hold a public hearing. The department will provide
notice of the hearing to the public and allow public participation at the
hearing. The department will issue a final order after the hearing stating
whether or not compliance with WAC
173-303-170
and
173-303-190
through
173-303-230 is
required. The order becomes effective thirty days after service of the decision
unless the department specifies a later date or unless review by the department
is requested. The order may be appealed to the pollution control hearings
board, in accordance with WAC
173-303-845,
by any person who participated in the public hearing.
(b) If the person is accumulating the
recyclable material as a storage facility, the notice will state that the
person must obtain a permit in accordance with all applicable provisions of WAC
173-303-800
through
173-303-840.
The owner or operator of the facility must apply for a permit within no less
than sixty days and no more than six months of notice, as specified in the
notice. If the owner or operator of the facility wishes to challenge the
department's decision they may do so in their permit application, in a public
hearing held on the draft permit, or in comments filed on the draft permit or
on the notice of intent to deny the permit. The fact sheet accompanying the
permit will specify the reasons for the department's determination. The
question of whether the department's decision was proper will remain open for
consideration during the public comment period discussed under WAC
173-303-840(4)(d)
and in any subsequent hearing.
Statutory Authority:
Chapters
70.105,
70.105D, and
15.54 RCW and
RCW
70.105.007. 04-24-065 (Order 03-10), §
173-303-525, filed 11/30/04, effective 1/1/05. Statutory Authority:
Chapters
70.105 and
70.105D RCW. 03-07-049 (Order
02-03), § 173-303-525, filed 3/13/03, effective 4/13/03. 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), §
173-303-525, filed 3/7/91, effective 4/7/91. Statutory Authority:
Chapter
70.105 RCW. 86-12-057
(Order DE-85-10), § 173-303-525, filed
6/3/86.