Washington Administrative Code
Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508)
Chapter 173-303 - Dangerous waste regulations
Section 173-303-800 - Permit requirements for dangerous waste management facilities
Current through Register Vol. 24-06, March 15, 2024
(1) The purpose of WAC 173-303-800 through 173-303-840 is to establish the requirements for permits which will allow a dangerous waste facility to operate without endangering the public health and the environment.
(2) The owner/operator of a dangerous waste facility that treats, stores, or disposes (TSD) dangerous waste must have a permit issued, or obtain a permit, in accordance with WAC 173-303-800 through 173-303-840. When required by this chapter, the owner/operator of a dangerous waste facility that transfers or recycles dangerous waste must also obtain a permit, in accordance with this section through WAC 173-303-840. The dangerous waste permit must cover the active life, closure period, groundwater protection compliance period, and for any regulated unit (as defined in WAC 173-303-040 ) or for any facility which at closure does not meet the removal or decontamination limits of WAC 173-303-610(2)(b), post-closure care period, unless the owner/operator can demonstrate closure by removal or decontamination as provided under WAC 173-303-800(9) and (10), or obtain an enforceable document in lieu of a post-closure permit, as provided under subsection (12) of this section. If a post-closure permit is required, the permit must address applicable groundwater monitoring, unsaturated zone monitoring, corrective action, and post-closure care requirements of this chapter. The denial of a permit for the active life of a dangerous waste management facility or unit does not affect the requirement to obtain a post-closure permit under this section.
(3) TSD facility permits will be granted only if the objectives of the siting and performance standards set forth in WAC 173-303-282 and 173-303-283 are met.
(4) Permits will be issued according to the requirements of all applicable TSD facility standards.
(5) The owner/operator of a TSD facility is responsible for obtaining all other applicable federal, state, and local permits authorizing the development and operation of the TSD facility.
(6) The terms used in regard to permits which are not defined in WAC 173-303-040 have the same meanings as set forth in 40 C.F.R. 270.2.
(7) Exemptions.
(8) Each permit issued under this chapter will contain terms and conditions as the department determines necessary to protect human health and the environment.
(9) Closure by removal. Owners/operators of surface impoundments, land treatment units, and waste piles closing by removal or decontamination under 40 C.F.R. Part 265 standards as referenced by WAC 173-303-400 must obtain a post-closure permit unless they can demonstrate to the department that the closure met the standards for closure by removal or decontamination in WAC 173-303-650(6), 173-303-655(8), or 173-303-660(9), as appropriate, and such removal or decontamination must assure that the levels of dangerous waste or dangerous waste constituents or residues do not exceed standards for closure at 40 C.F.R. Part 264.111, as appropriate. The demonstration may be made in the following ways:
(10) Procedures for closure equivalency determination.
(11) The department may require a permittee or an applicant to submit information in order to establish permit conditions under subsection (8) of this section and WAC 173-303-806(11)(d).
(12) Enforceable documents for post-closure care. At the discretion of the department, an owner or operator may obtain, in lieu of a post-closure permit, an enforceable document imposing the requirements of 40 C.F.R. 265.121 as incorporated by reference in WAC 173-303-400(3)(a). "Enforceable document" has the same meaning as defined in WAC 173-303-040.
Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105 (Order 07-12), § 173-303-800, filed 6/30/09, effective 7/31/09. Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW 70.105.007. 04-24-065 (Order 03-10), § 173-303-800, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), § 173-303-800, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-03-018 (Order 97-03), § 173-303-800, filed 1/12/98, effective 2/12/98; 95-22-008 (Order 94-30), § 173-303-800, filed 10/19/95, effective 11/19/95; 94-01-060 (Order 92-33), § 173-303-800, filed 12/8/93, effective 1/8/94. 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), § 173-303-800, filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. 88-18-083 (Order 88-29), § 173-303-800, filed 9/6/88; 88-07-039 (Order 87-37), § 173-303-800, filed 3/11/88; 84-09-088 (Order DE 83-36), § 173-303-800, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW 70.95.260. 82-05-023 (Order DE 81-33), § 173-303-800, filed 2/10/82.