Current through Register Vol. 24-06, March 15, 2024
(1) Purpose and
applicability. The purpose of this section is to set forth the requirements for
the Washington EHW management (EHWM) facility located at Hanford, Washington.
It is the only facility within the state that is allowed under law to dispose
of EHW (RCW 70.105.050 ).
(2) Waste acceptance at Hanford.
(a) The state operator will accept EHW for
treatment, storage, or disposal when:
(i) The
waste has been specified in the state operator's permit as not requiring prior
approval from the department and the state operator sends a copy of each
written request for disposal of waste at the EHWM facility to the department,
not later than one week after receiving the request; or
(ii) If the waste has not been specified in
the state operator's permit, then the department provides written approval that
the waste may be accepted at the EHWM facility. Notices of approval or
disapproval will be provided as soon as possible, but not later than 15 days,
after the state operator has notified the department. Written approval from the
department is not required in emergencies, as specified; and
(iii) The generator has obtained prior
written approval for waste acceptance from the state operator;
(iv) The waste is accompanied by a manifest
specified in the generator requirements of WAC
173-303-180, Manifest;
and
(v) Waste containers meet the
labeling and container condition requirements of WAC
173-303-190.
(b) The state operator may accept DW, as
defined in this regulation, for storage, treatment, or disposal when:
(i) All the conditions of EHW acceptance, (a)
of this subsection, are met;
(ii)
The generator and/or operator shows that no other permitted TSD facility in the
state will handle such DW. The generator and/or operator must refer to:
(A) County or municipal ordinances or solid
waste permits forbidding DW disposal at nearby sites;
(B) The EHWM site being the shortest
economical haul distance where other remotely located, DW sites may be
available; and
(C) Specific
rejection or disapproval, in writing, by nearby DW site operators, public or
private; and
(iii) The
EHWM facility is designed to handle such a request or can be modified to the
extent necessary to adequately dispose of the waste.
(c) The state operator, after consulting with
the department, may refuse to accept any waste that does not meet the
requirements of the acceptance procedures of this subsection until the facts
are ascertained, including but not limited to:
(i) The requirement that samples of waste be
taken and analyzed; or
(ii) The
condition of the containers by physical inspection of the delivery
load.
(d) The state
operator may accept dangerous waste under emergency conditions if:
(i) An emergency and potential threat to the
public health and safety exists;
(ii) The state operator notifies the
department as soon as possible;
(iii) The state operator stores the waste
upon delivery until the full manifest has been received and approved by the
department; and
(iv) The generator
is fully apprised that the waste remains his liability until approved under
(d)(iii) of this subsection.
(3) Other applicable requirements. The EHWM
facility at Hanford must meet all other requirements of chapter 173-303 WAC,
including specific requirements for storage, treatment, transfer and disposal
of EHW, and siting, performance, and operation of facilities. The EHWM facility
must also meet the following requirements:
(a) The state operator must not remove any
dangerous waste from the facility without the department's approval;
(b) The state operator must maintain
facilities for telephone and radio contact with the Hanford Reservation
security patrol, and include this information with the contingency plan
required in WAC
173-303-350;
(c) As a minimum, the state operator must
provide personnel having knowledge and background in the following areas:
(i) Inspecting and checking manifests for
completeness and accuracy;
(ii)
Applied chemistry as it relates to reactivity, explosiveness, and flammability;
and
(iii) Industrial hygiene and/or
toxicology of industrial, commercial, and agricultural chemicals, and emergency
procedures;
(d) The
state operator must ensure that new personnel have a complete physical
examination and annual checkups thereafter. The physician should be alerted to
the kinds of materials the employee has been handling, so that more specific
analyses can be made. The medical records must be made a part of the state
operator's records as required in WAC
173-303-380(1);
and
(e) The state operator must
submit copies of all fee schedules to the department for yearly review and
approval. The state operator must supply, and the department will use, the
following criteria to review such disposal fees:
(i) Their relationship to other fees charged
for similar services;
(ii)
Reasonable return on investment and profit for the operator; and
(iii) The cost of administration,
development, operation, maintenance, and perpetual management of the EHW
facility, including administrative costs and perpetual management costs of the
department.
(4) Department surveillance.
(a) In addition to the reports required under
WAC 173-303-390, facility reports,
the EHWM facility operator must report the following to the department:
(i) Copies of all environmental sampling
results during the previous quarter;
(ii) Telephone and written accounts of any
accidents or emergencies requiring action under WAC
173-303-360; and
(iii) Complete financial reports during the
previous year.
(b) The
state operator must admit the department's duly authorized representative to
inspect the site at any reasonable hour of the day. Inspection may cover any of
the following:
(i) The site and
facilities;
(ii) The waste being
delivered, stored, processed, or buried, including the taking of samples, a
portion of each sample being given to the operator upon his request;
(iii) The environment, by the drilling of
test wells and obtaining of samples; and
(iv) Any records, reports, information, or
test results relating to the purpose of this regulation.
The inspection results will be written, filed with the
department, and a copy made available to the state operator.
Statutory Authority:
Chapters
70.105 and
70.105D RCW. 95-22-008 (Order
94-30), § 173-303-700, filed 10/19/95, effective 11/19/95. Statutory
Authority:
Chapter
70.105 RCW. 84-09-088
(Order DE 83-36), § 173-303-700, filed 4/18/84. Statutory Authority:
Chapter
70.105 RCW and
RCW
70.95.260. 82-05-023 (Order DE 81-33), §
173-303-700, filed 2/10/82.