Current through Register Vol. 24-06, March 15, 2024
(1) Purpose and
applicability. This section provides for permit by rule for particular
facilities and activities managing dangerous wastes, provided that certain
conditions are met. These facilities, activities, and conditions are listed in
this section. Owners and operators of facilities with permits by rule are not
required to submit an application for a dangerous waste facility
permit.
(2) Ocean disposal barges
or vessels. The owner or operator of a barge or other vessel which accepts
dangerous waste for ocean disposal, will have a permit by rule if the owner or
operator:
(a) Has a permit for ocean dumping
issued under 40 C.F.R. Part 220 (Ocean Dumping, authorized by the Marine
Protection, Research, and Sanctuaries Act, as amended, 33 U.S.C. § 1420 et
seq.);
(b) Complies with the
conditions of that permit; and
(c)
Complies with the following dangerous waste regulations:
(i) WAC
173-303-060, notification and
identification numbers;
(ii) WAC
173-303-170 through
173-303-230 when initiating
shipments of dangerous waste;
(iii)
WAC 173-303-370, manifest
system;
(iv) WAC
173-303-380(1)(a),
operating record;
(v) WAC
173-303-390(2),
annual report; and
(vi) WAC
173-303-390(1),
unmanifested waste report.
(3) Underground injection wells. Underground
injection wells with an underground injection control (UIC) permit for
underground injection will have a permit by rule if the owner or operator has a
UIC permit issued by the department under a federally approved program for
underground injection control, and complies with the conditions of the permit
and requirements of 40
C.F.R. 144.14 and applicable state waste
discharge rules. For UIC permits issued after November 8, 1984, the owner or
operator must comply with WAC
173-303-64620, corrective action
for solid waste management units; and where the UIC well is the only unit at a
facility which requires a RCRA permit, complies with WAC
173-303-806(4)(a)(xxiii).
All underground injection wells must comply with WAC
173-303-060, notification and
identification numbers. However, underground injection wells disposing of EHW
are prohibited.
(4) Publicly owned
treatment works (POTW). The owner or operator of a POTW which accepts dangerous
waste for treatment, will have a permit by rule if the owner or operator:
(a) Has a National Pollutant Discharge
Elimination System (NPDES) permit;
(b) Complies with the conditions of that
permit;
(c) Complies with the
following regulations:
(i) WAC
173-303-060, notification and
identification numbers;
(ii) WAC
173-303-170 through
173-303-230 when initiating
shipments of dangerous waste;
(iii)
WAC 173-303-283, performance
standards;
(iv) WAC
173-303-370, manifest
system;
(v) WAC
173-303-380(1)(a),
operating record;
(vi) WAC
173-303-390(2),
annual report;
(vii) WAC
173-303-390(1),
unmanifested waste reports; and
(viii) For NPDES permits issued after
November 8, 1984, WAC
173-303-64620, corrective action
for solid waste management units;
(d) Accepts the waste only if it meets all
federal, state, and local pretreatment requirements which would be applicable
to the waste if it were being discharged into the POTW through a sewer, pipe,
or similar conveyance; and
(e)
Accepts no EHW for disposal at the POTW.
(5) Totally enclosed treatment facilities or
elementary neutralization or wastewater treatment units.
(a) The owner or operator of a totally
enclosed treatment facility or an elementary neutralization unit that treats
state-only dangerous wastes generated on or off site, or federally regulated
hazardous waste generated on-site, or a wastewater treatment unit that treats
dangerous wastes generated on or offsite, will have a permit by rule, subject
to limitations in (b) and (c) of this subsection, if they:
(i) Have an NPDES permit, state waste
discharge permit, pretreatment permit (or written discharge authorization from
the local sewerage authority) issued by the department, or pretreatment permit
(or written discharge authorization) from a local sewage utility delegated
pretreatment program responsibilities pursuant to
RCW
90.48.165, and the permit or authorization
covers the waste stream and constituents being discharged;
(ii) Include the wastestream as a source of
wastewater in the application and provide an estimate of flow, the chemical
characteristics of the wastestream, whether it is a batch vs. continuous
discharge, and the treatment that it will receive;
(iii) Comply with the conditions of that
permit;
(iv) Comply with the
following regulations:
(A) WAC
173-303-060, notification and
identification numbers;
(B) WAC
173-303-070, designation of
dangerous waste;
(C) WAC
173-303-283, performance
standards;
(D) WAC
173-303-300, general waste
analysis;
(E) WAC
173-303-310, security;
(F) WAC
173-303-350, contingency plan and
emergency procedures;
(G) WAC
173-303-360,
emergencies;
(H) WAC
173-303-370, manifest
system;
(I) WAC
173-303-380(1)(d),
operating record, and WAC
173-303-380(1)(a)
when the owner or operator of a wastewater
treatment unit is treating federally regulated wastewaters generated
offsite;
(J) WAC
173-303-390, facility
reporting.
(b) The owner or operator of a wastewater
treatment unit may treat dangerous wastewater received from off site provided
the wastewater is generated within the same industry and the wastewaters will
be effectively treated by the wastewater treatment unit, if:
The owner or operator complies with (a)(i) through (iv) of this
subsection.
(c) The
department may require the owner or operator of a totally enclosed treatment
facility or an elementary neutralization or wastewater treatment unit subject
to (a) or (b) of this subsection to apply for and obtain a final facility
permit or a permit modification in accordance with WAC
173-303-800 through
173-303-840, if:
(i) The owner or operator violates the
general facility or performance requirements specified in (a) of this
subsection;
(ii) The owner or
operator is conducting other activities which require him to obtain a final
facility permit;
(iii) The
department determines that the general facility or performance requirements
specified in (a) of this subsection, are not sufficient to protect public
health or the environment and that additional requirements under this chapter
are necessary to provide such protection; or
(iv) The owner or operator does not comply
with applicable local, state or federal requirements established pursuant to
sections 402 or 307(b) of the Federal Clean Water Act, or
chapter
90.48 RCW.
Statutory Authority:
Chapters
70.105,
70.105D, and
15.54 RCW and
RCW
70.105.007. 04-24-065 (Order 03-10), §
173-303-802, filed 11/30/04, effective 1/1/05. Statutory Authority:
Chapters
70.105 and
70.105D RCW. 98-03-018 (Order
97-03), § 173-303-802, filed 1/12/98, effective 2/12/98; 95-22-008 (Order
94-30), § 173-303-802, filed 10/19/95, effective 11/19/95; 94-01-060
(Order 92-33), § 173-303-802, 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), §
173-303-802, filed 3/7/91, effective 4/7/91. Statutory Authority:
Chapter
70.105 RCW. 88-18-083
(Order 88-29), § 173-303-802, filed 9/6/88; 88-07-039 (Order 87-37),
§ 173-303-802, filed 3/11/88; 87-14-029 (Order DE-87-4), §
173-303-802, filed 6/26/87; 86-12-057 (Order DE-85-10), § 173-303-802,
filed 6/3/86; 84-09-088 (Order DE 83-36), § 173-303-802, filed
4/18/84.