Washington Administrative Code
Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508)
Chapter 173-303 - Dangerous waste regulations
Section 173-303-64640 - Grandfathered corrective action management units (CAMUs)
Universal Citation: WA Admin Code 173-303-64640
Current through Register Vol. 24-06, March 15, 2024
(1)
(a) In
accordance with the requirements of this section and WAC
173-303-64610 through
173-303-64630, the department may
designate an area at a facility as a corrective action management unit for the
purpose of treating, storing or disposing of remediation waste that originates
at the same facility in order to implement remedies under this section or to
implement other cleanup actions. Corrective action management unit means an
area within a facility that is used only for managing remediation wastes for
implementing corrective action or cleanup at the facility. A CAMU must be
located within the contiguous property under the control of the owner or
operator where the wastes to be managed in the CAMU originated. One or more
CAMUs may be designated at a facility.
(b) Designation of a CAMU will not in any way
affect the department's existing authorities, including authority under
chapter
70.105D RCW, to address
clean-up levels, media-specific points of compliance, or other remedy selection
decisions.
(c) Designation of a
CAMU will not in any way affect the timing or scope of review of any actions
taken under the Model Toxics Control Act pursuant to WAC
173-303-64630 to fulfill the
corrective action requirements of WAC
173-303-64620 or the corrective
action requirements of WAC
173-303-645.
(2) Designation of a corrective action management unit.
(a) When designating a CAMU,
the director will do so in accordance with the following:
(i) The CAMU will facilitate the
implementation of reliable, effective, protective, and cost-effective
remedies;
(ii) Waste management
activities associated with the CAMU will not create unacceptable risks to
humans or the environment resulting from exposure to dangerous wastes or
dangerous constituents;
(iii) The
CAMU will include uncontaminated areas of the facility only if including such
areas for the purposes of managing remediation wastes is more protective than
management of such wastes at contaminated areas of the facility;
(iv) Areas within the CAMU where wastes
remain in place after closure of the CAMU, will be managed and contained so as
to minimize future releases of dangerous wastes and dangerous constituents to
the extent practicable;
(v) When
appropriate and practicable, the CAMU will expedite the timing of remedial
activity implementation;
(vi) The
CAMU will enable the use, when appropriate, of treatment technologies
(including innovative technologies) to enhance the long-term effectiveness of
remedial actions by reducing the toxicity, mobility, or volume of wastes that
will remain in place after closure of the CAMU; and
(vii) The CAMU will, to the extent
practicable, minimize the land area of the facility upon which wastes will
remain in place after closure of the CAMU.
(b) When designating a CAMU, the director
will specify requirements for the CAMU including the following:
(i) The areal configuration of the
CAMU;
(ii) Requirements for
remediation waste management within the CAMU including specification of
applicable design, operation, and closure requirements;
(iii) Requirements for groundwater and vadose
zone monitoring that are sufficient to:
(A)
Continue to detect and to characterize the nature, extent, concentration,
direction, and movement of existing releases of dangerous waste and dangerous
constituents in groundwater from sources located within the CAMU; and
(B) Detect and subsequently characterize
releases of dangerous waste and dangerous constituents to groundwater that may
occur from areas of the CAMU in which wastes will remain in place after CAMU
closure.
(iv)
Requirements for closure that will minimize the need for further maintenance of
the CAMU; and control, minimize, or eliminate to the extent necessary to
protect human health and the environment, for areas where wastes remain in
place, post-closure escape of dangerous waste, dangerous constituents,
leachate, contaminated runoff, or dangerous waste decomposition products to the
ground, to groundwaters, to surface waters, or to the atmosphere and will
include, as appropriate and deemed necessary by the director, the following:
(A) Requirements for excavation, removal,
treatment, and/or containment of wastes;
(B) For areas in which wastes will remain
after closure of the CAMU, requirements for capping of such areas;
and
(C) Requirements for removal
and decontamination of equipment, devices, and structures used in remediation
waste management activities within the CAMU.
(c) In establishing closure requirements for
CAMUs under (b)(iv) of this subsection, the director will consider the
following factors:
(i) CAMU
characteristics;
(ii) Volume of
wastes which will remain in place after CAMU closure;
(iii) Potential for releases from the
CAMU;
(iv) Physical and chemical
characteristics of the waste;
(v)
Hydrological and other relevant environmental conditions at the facility which
may influence the migration of any potential or actual releases in and/or from
the CAMU; and
(vi) Potential for
exposure of humans and environmental receptors if releases were to occur at or
from the CAMU.
(d) The
director will, for areas of the CAMU in which wastes will remain in place after
CAMU closure, specify post-closure requirements to control, minimize, or
eliminate, to the extent necessary to protect human health and the environment,
post-closure escape of dangerous waste, dangerous constituents, leachate,
contaminated runoff, and dangerous waste decomposition products to the ground,
to groundwaters, to surface waters, and to the atmosphere. Such post-closure
requirements will include, as necessary to protect human health and the
environment, monitoring and maintenance activities and the frequency with which
such activities will be performed to ensure the integrity of any cap, final
cover, or other containment system.
(e) The owner/operator of a facility must
provide sufficient information to enable the director to designate a CAMU in
accordance with the criteria in WAC
173-303-64650,
173-303-64660, and
173-303-64670.
(f) The director will document the rationale
for designating CAMUs and will make such documentation available to the
public.
(g) Incorporation of the
designation of and requirements for a CAMU into an existing permit must be
approved by the director according to the procedures for agency initiated
permit modifications under WAC
173-303-830(3),
or according to the permit modification procedures of WAC
173-303-830(4).
(3) Incorporation of a regulated unit within a CAMU.
(a) The director may
designate a regulated unit (as defined in WAC
173-303-040 ) as a CAMU, or may
incorporate a regulated unit into a CAMU, if:
(i) The regulated unit is closed or closing,
meaning it has begun the closure process under WAC
173-303-610(4)
or 40 C.F.R. Part 265.113, which is incorporated by reference at WAC
173-303-400(3)(a);
and
(ii) Inclusion of the regulated
unit will enhance implementation of effective, protective and reliable remedial
actions at the facility.
(b) The requirements of WAC
173-303-610,
173-303-620,
173-303-645, and the unit
specific requirements of WAC
173-303-650 through
173-303-680 that applied to the
regulated unit will continue to apply to the portion of the CAMU into which the
regulated unit was incorporated.
Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW 70.105.007. 04-24-065 (Order 03-10), § 173-303-64640, filed 11/30/04, effective 1/1/05.
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