Current through Register Vol. 24-06, March 15, 2024
(1) Purpose and
applicability. This section is applicable to the owner/operator of a land
treatment facility who must demonstrate that his proposed treatment will be
successful. The purpose of this section is to allow the department to issue a
land treatment demonstration permit.
(2) Permit issuance. The department may issue
a land treatment demonstration permit either in advance of or as part of a
final facility permit so that the owner/operator of a land treatment facility
can make the demonstration required in WAC
173-303-655(3).
If issued in advance of the final facility permit, the land treatment
demonstration permit will be issued as described in subsection (3) of this
section, as a demonstration permit only. If issued as part of the final
facility permit, the land treatment demonstration and final facility permit
will be issued as described in subsection (4) of this section, as a phased
permit. The determination for which procedure to follow will be made by the
department based on the information submitted by the owner/operator in Part B
of the final facility permit application.
(3) Demonstration permit only.
(a) If the department finds that the Part B
does not contain enough information regarding the proposed treatment to allow
the department to establish permit conditions necessary for compliance with all
requirements of WAC
173-303-655, it may issue a land
treatment demonstration permit only. The demonstration permit will be issued in
accordance with the decision-making procedures of WAC
173-303-840. The demonstration
permit may be issued either as a treatment or disposal permit, will cover only
the field test or laboratory analyses, will contain only those requirements
necessary to meet the standards in WAC
173-303-655(3),
and will provide a specific time period for the demonstration. The department
may extend the demonstration period as a modification (or minor modification,
if applicable) to the demonstration permit.
(b) Within thirty days (unless the department
approves a later date) of the end of the treatment demonstration, the
owner/operator must submit a revised Part B to the department containing the
results of the field tests or laboratory analyses and all data developed during
the demonstration period. The department will then use the information and Part
B to determine whether or not there is adequate information to issue a final
facility permit which will incorporate conditions sufficient to provide
compliance with all requirements of WAC
173-303-655. If the information
is adequate, the department will proceed under WAC
173-303-806 to issue a final
facility permit. If the information is not adequate, the department may, as the
situation warrants, either issue a modification to the demonstration permit in
accordance with the procedures of subsection (3)(a) of this section, or deny
the final facility permit application.
(4) Phased permit.
(a) The department may issue a two-phase
final facility permit if it finds that, based on information submitted in Part
B of the permit application, substantial (although incomplete and inconclusive)
information exists upon which to base the issuance of a final facility permit.
The phased permit will be issued in the same manner as a final facility permit
under WAC
173-303-806, except that it will
contain a first phase for making a land treatment demonstration, and a second
phase (to become effective after completion of the first phase) for
establishing conditions for operation of the land treatment facility.
(b) If the department finds that a phased
permit may be issued, it will establish, as requirements in the first phase of
the facility permit, conditions for conducting the field tests or laboratory
analyses. These permit conditions will include design and operating parameters
(including the duration of the tests or analyses and, in the case of field
tests, the horizontal and vertical dimensions of the treatment zone),
monitoring procedures, post-demonstration cleanup activities, and any other
conditions which the department finds may be necessary under WAC
173-303-655(3)(c).
The department will include conditions in the second phase of the facility
permit to attempt to meet all WAC
173-303-655 requirements
pertaining to unit design, construction, operation, and maintenance. The
department will establish these conditions in the second phase of the permit
based upon the substantial but incomplete or inconclusive information contained
in the Part B application.
(i) The first phase
of the permit will be effective as provided in WAC
173-303-840(8)(b).
(ii) The second phase of the permit will be
effective as provided in (d) of this subsection.
(c) When the owner or operator who has been
issued a two-phase permit has completed the treatment demonstration, he must
submit to the department a certification, signed by a person authorized to sign
a permit application or report under WAC
173-303-810(12),
that the field tests or laboratory analyses have been carried out in accordance
with the conditions specified in phase one of the permit for conducting such
tests or analyses. The owner or operator must also submit all data collected
during the field tests or laboratory analyses within thirty days of completion
of those tests or analyses unless the department approves a later
date.
(d) If the department
determines that the results of the field tests or laboratory analyses meet the
requirements of WAC
173-303-655(3),
it will modify the second phase of the permit to incorporate any requirements
necessary for operation of the facility in compliance with WAC
173-303-655, based upon the
results of the field tests or laboratory analyses.
(i) This permit modification may proceed
under WAC
173-303-830(4)
or otherwise will proceed as a modification under WAC
173-303-830(3)(a)(ii).
If such modifications are necessary, the second phase of the permit will become
effective only after those modifications have been made.
(ii) If no modifications of the second phase
of the permit are necessary, the department will give notice of its final
decision to the permit applicant and to each person who submitted written
comments on the phased permit or who requested notice of the final decision on
the second phase of the permit. The second phase of the permit then will become
effective as specified in WAC
173-303-840(8)(b).
(iii) Reserve.
(e) If the department determines that the
results of the field tests or laboratory analyses do not meet the requirements
of WAC 173-303-655(3),
the second phase of the permit will not become effective, and the department
will, as the situation warrants, either:
(i)
Modify the permit according to WAC
173-303-830(3)
to allow for additional field tests or laboratory analyses; or
(ii) Proceed to terminate the permit
according to WAC
173-303-840.
Statutory Authority:
Chapters
70.105 and
70.105D RCW. 95-22-008 (Order
94-30), § 173-303-808, filed 10/19/95, effective 11/19/95. 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), §
173-303-808, filed 3/7/91, effective 4/7/91. Statutory Authority:
Chapter
70.105 RCW. 84-09-088
(Order DE 83-36), § 173-303-808, filed
4/18/84.