Current through Register Vol. 24-06, March 15, 2024
(1)
Purpose and applicability. This section sets forth the general permit
conditions that are applicable to all permits, except interim status permits
and permits by rule, to assure compliance with this chapter. If the conditions
of this section are incorporated in a permit by reference, a specific citation
to this section must be given in the permit.
(2) Duty to comply. The permittee must comply
with all conditions of his permit. Any permit noncompliance constitutes a
violation and is grounds for enforcement action; for permit termination,
revocation and reissuance, or modification; or for denial of a permit renewal
application. The permittee need not comply with the conditions of his permit to
the extent and for the duration such noncompliance is authorized in an
emergency permit.
(3) Duty to
reapply. If the permittee wishes to continue an activity regulated by the
permit after its expiration date, the permittee must apply for and obtain a new
permit.
(4) Duty to halt or reduce
activity. A permittee who has not complied with his permit, and who
subsequently is subject to enforcement actions, may not argue that it would
have been necessary to halt or reduce the permitted activities in order to
maintain compliance with the conditions of the permit.
(5) Duty to mitigate. The permittee must take
all steps required by the department to minimize or correct any adverse impact
on the environment resulting from noncom-pliance with the permit.
(6) Proper operation and maintenance. The
permittee must at all times properly operate and maintain all facilities and
systems of treatment and control which are installed or used by the permittee
to achieve compliance with the conditions of the permit. Proper operation and
maintenance includes effective performance, adequate funding, adequate operator
staffing and training, and adequate laboratory and process controls, including
appropriate quality assurance procedures. This provision requires the operation
of back-up or auxiliary facilities or similar systems only when necessary to
achieve compliance with the conditions of the permit.
(7) Permit actions. The permit may be
modified, revoked and reissued, or terminated for cause. The filing of a
request by the permittee for a permit modification, revocation and reissuance,
termination, notification of planned changes, or anticipated noncompliance,
does not stay any permit condition.
(8) Effect of a permit.
(a) Compliance with a final facility permit
during its term constitutes compliance for the purpose of enforcement with
chapter 173-303 WAC except for permit modifications and those requirements not
included in the permit that:
(i) Become
effective by statute;
(ii) Are
adopted under 40 C.F.R. Part 268 restricting the placement of dangerous waste
in or on the land;
(iii) Are
adopted under WAC
173-303-650
through
173-303-665 regarding
leak detection systems for new and replacement surface impoundment, waste pile,
and landfill units, and lateral expansions of surface impoundment, waste pile,
and landfill units. The leak detection system requirements include double
liners, CQA programs, monitoring, action leakage rates, and response action
plans, and will be implemented through the procedures of WAC
173-303-830 Class
11 permit modifications; or
(iv) Are adopted under 40 C.F.R. Part 265,
Subparts AA, BB, or CC which are incorporated by reference at WAC
173-303-400(3)(a)
limiting air emissions.
(b) A permit may be modified, revoked and
reissued, or terminated during its term for cause as set forth in WAC
173-303-830(3) and
(5), or the permit may be modified upon the
request of the permittee as set forth in WAC
173-303-830(4).
(c) The issuance of a permit does not convey
any property rights of any sort, or any exclusive privilege.
(d) The issuance of a permit does not
authorize any injury to persons or property or invasion of other private
rights, or any infringement of state or local laws or regulations.
(9) Duty to provide information.
The permittee must furnish to the department, within a reasonable time, any
information which it may request to determine whether cause exists for
modifying, revoking and reissuing, or terminating a permit, or to determine
compliance with a permit. The permittee must also furnish to the department,
upon request, copies of records required to be kept by the permit.
(10) Inspection and entry. The permittee must
allow representatives of the department, upon the presentation of proper
credentials, to:
(a) Enter upon the
permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of the
permit;
(b) Have access to and
copy, at reasonable times, any records that must be kept under the conditions
of the permit;
(c) Inspect at
reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under the permit;
and
(d) Sample or monitor at
reasonable times, for the purposes of assuring permit compliance or as
otherwise authorized by chapter 173-303 WAC, any substances or parameters at
any location.
(11)
Monitoring and monitoring records.
(a)
Reserve.
(b) Samples and
measurements taken for the purpose of monitoring must be representative of the
monitored activity.
(c) The
permittee must retain records of all monitoring information, including all
calibration and maintenance records and all original strip chart recordings for
continuous monitoring instrumentation, copies of all reports required by this
permit, the certification required by WAC
173-303-380(1)(q),
and records of all data used to complete the application for this permit, for a
period of at least three years from the date of the sample, measurement,
report, or application. This period may be extended by request of the
department at any time.
(d) Records
of monitoring information must include:
(i)
The date, exact place, and time of sampling or measurements;
(ii) The individual(s) who performed the
sampling or measurements;
(iii) The
date(s) analyses were performed;
(iv) The individual(s) who performed the
analyses;
(v) The analytical
techniques or methods used; and
(vi) The results of such analyses.
(e) The permittee must maintain
records from all ground-water monitoring wells and associated groundwater
surface elevations for the active life of the facility, and for disposal
facilities for the post-closure period as well.
(12) Signatory requirement. All applications,
reports, or information submitted to the department must be signed in
accordance with this subsection and must be certified according to subsection
(13) of this section.
(a) Applications. When a
dangerous waste facility is owned by one person, but is operated by another
person, then the operator will be the permit applicant and responsible for
developing the permit application and all accompanying materials, except that
the owner must also sign and certify the permit application. Permit
applications must be signed as follows:
(i)
For a corporation: By a responsible corporate officer. For the purposes of this
subsection, a responsible corporate officer means:
(A) A president, secretary, treasurer, or
vice president of the corporation in charge of a principal business function,
or any other person who performs similar policy or decision-making functions
for the corporation; or
(B) The
manager of one or more manufacturing, production or operating facilities
employing more than two hundred fifty persons or having gross annual sales or
expenditures exceeding twenty-five million dollars (in second-quarter 1980
dollars), if authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures;
(ii) For a partnership or sole
proprietorship: By a general partner or the proprietor, respectively;
or
(iii) For a municipality, state,
federal, or other public agency: By either a principal executive officer or
ranking elected official. For purposes of this subsection, a principal
executive officer of a federal agency includes:
(A) The chief executive officer of the
agency; or
(B) A senior executive
officer having responsibility for the overall operations of a principal
geographic unit of the agency.
(b) Reports. All reports required by permits
and other information requested by the department must be signed by a person
described in (a) of this subsection, or by a duly authorized representative of
that person. A person is a duly authorized representative only if:
(i) The authorization is made in writing by a
person described in (a) of this subsection;
(ii) The authorization specifies either an
individual or a position having responsibility for overall operation of the
regulated facility or activity such as the position of plant manager, operator
of a well or a well field, superintendent, or position of equivalent
responsibility. (A duly authorized representative may thus be either a named
individual or any individual occupying a named position); and
(iii) The written authorization is submitted
to the department.
(c)
Changes to authorization. If an authorization under (b) of this subsection is
no longer accurate because a different individual or position has
responsibility for the overall operation of the facility, a new authorization
satisfying the requirements of (b) of this subsection must be submitted to the
department prior to or together with any reports, information, or applications
to be signed by an authorized representative.
(13) Certification.
(a) Except as provided in (b) of this
subsection, any person signing the documents required under (a) or (b) of
subsection (12) of this section must make the following certification:
"I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the
possibility of fine and imprisonment for knowing violations."
(b) When a dangerous waste facility is owned
by one person, but is operated by another person, then the permit application
must be certified as follows:
(i) The operator
must make the certification described under (a) of this subsection; and
(ii) The owner must make the
following certification: "I certify under penalty of law that I own the real
property described in, and am aware of the contents of, this permit
application, and that I have received a copy of this application. As owner of
the real property, I understand that I am responsible for complying with any
requirements of chapter 173-303 WAC with which only I am able to comply, and
that there are significant penalties for failure to comply with such
requirements."
(14)
Reporting. The following reports must be provided:
(a) Planned changes. The permittee must give
notice to the department as soon as possible of any planned physical
alterations or additions to the permitted facility. For a new TSD facility and
for a facility being modified, the permittee may not treat, store, or dispose
of dangerous waste in the new or modified portion of the facility until:
(i) The permittee has submitted to the
department by certified mail, hand delivery or other means that establish proof
of receipt (including applicable electronic means), a letter signed by the
permittee and a registered professional engineer stating that the facility has
been constructed or modified in compliance with the permit; and either
(Note:
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In certifying construction or modification, the
independent qualified registered professional engineer is responsible only for
certifying those portions of the facility which are identified in chapter
173-303 WAC as specifically requiring certification by an independent qualified
registered professional engineer.)
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(ii)
The department has inspected the modified or newly constructed facility and
finds it is in compliance with the conditions of the permit; or
(iii) Within fifteen days of the date of
submission of the letter, the permittee has not received notice from the
department of its intent to inspect, prior inspection is waived and the
permittee may commence treatment, storage, or disposal of dangerous waste.
(b) Anticipated
noncompliance. The permittee must give advance notice to the department of any
planned changes in the permitted facility or activity which may result in
noncom-pliance with permit requirements. For a new facility, the permittee may
not treat, store, or dispose of dangerous waste;
and for a facility being modified, the permittee may not treat,
store, or dispose of dangerous waste in the modified portion of the facility
except as provided in WAC
173-303-830(4).
(c) Transfers. The permit is not transferable
to any person except after notice to the department. The department may require
modification or revocation and reissuance of the permit to change the name of
the permittee and incorporate such other requirements as may be
necessary.
(d) Monitoring reports.
Monitoring results (including monitoring of the facility's impacts as required
by the applicable sections of this chapter) must be reported at the intervals
specified elsewhere in the permit.
(e) Compliance schedules. Reports of permit
compliance or noncompliance or any progress reports on interim and final permit
requirements contained in any compliance schedule must be submitted no later
than fourteen days following each scheduled date.
(f) Immediate reporting. The permittee must
immediately report any noncompliance which may endanger health or the
environment. Information must be provided orally to the department as soon as
the permittee becomes aware of the circumstances. A written submission must
also be provided within five days of the time the permittee becomes aware of
the circumstances provided that the department may waive the written submission
requirement in favor of a written report, to be submitted within fifteen days.
The written submission must contain a description of the noncompliance and its
cause; the period of noncompliance, including exact dates and times, and if the
noncompliance has not been corrected, the anticipated time it is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the noncompliance.
Information which must be reported immediately must
include:
(i) Release of dangerous
waste that may cause an endan-germent to drinking water supplies or ground or
surface waters;
(ii) Any
information of a release or discharge of dangerous waste, fire, or explosion
from the permitted facility which could threaten the environment or human
health outside the facility;
(iii)
The following description of any such occurrence:
(A) Name, address, and telephone number of
the owner or operator;
(B) Name,
address, and telephone number of the facility;
(C) Date, time, and type of
incident;
(D) Name and quantity of
material(s) involved;
(E) The
extent of injuries, if any;
(F) An
assessment of actual or potential hazards to the environment and human health
outside the facility, where this is applicable; and
(G) Estimated quantity and disposition of
recovered material that resulted from the incident.
(g) Other noncompliance. The
permittee must report all instances of noncompliance not reported under (d),
(e), and (f) of this subsection, at the time monitoring reports are submitted.
The reports must contain the information listed in (f) of this
subsection.
(h) Other information.
Where the permittee becomes aware that he failed to submit any relevant facts
in a permit application, or submitted incorrect information in a permit
application or in any report to the department, he must promptly submit this
information.
(i) Other reports. In
addition, the following reports are required when appropriate:
(i) Manifest discrepancy report as required
by WAC
173-303-370(5);
(ii) Unmanifested waste report as required by
WAC
173-303-390(1);
and
(iii) Annual report as required
by WAC
173-303-390(2).
(15) Confidentiality.
(a) Information submitted by the
owner/operator of a facility identified as confidential will be treated in
accordance with chapter 42.17 RCW and
RCW
43.21A.160.
(b) Proprietary information can be held
confidential if:
(i) The processes are unique
to the owner/operator's business or the owner/operator's competitive position
may be adversely affected if the information is released to the public or to a
competitor; and
(ii) The director
determines that granting the owner/ operator's request is not detrimental to
the public interest and is in accord with the policies and purposes of chapter
43.21A RCW.
(c) Claims of
confidentiality for permit application information must be substantiated at the
time the application is submitted and in the manner prescribed in the
application instructions. Claims of confidentiality for the name and address of
any permit applicant will be denied.
(d) If a submitter does not provide
substantiation, the department will notify the owner/operator by certified mail
of the requirement to do so. If the department does not receive the
substantiation within ten days after the submitter receives the notice, the
department will place the unsubstantiated information in the public
file.
(e) The department will
determine if the owner/operator's request meets the confidential information
criteria.
(16) General
permit conditions. Information repository. The director may require the
permittee to establish and maintain an information repository at any time,
based on the factors set forth in WAC
173-303-281(6)(b).
The information repository will be governed by the provisions in WAC
173-303-281(6)(c) through
(f).
Statutory Authority:
Chapters
70.105 and
70.105D RCW. 09-14-105 (Order
07-12), § 173-303-810, 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), §
173-303-810, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), §
173-303-810, filed 5/10/00, effective 6/10/00. Statutory Authority:
Chapters
70.105 and
70.105D RCW. 98-03-018 (Order
97-03), § 173-303-810, filed 1/12/98, effective 2/12/98; 95-22-008 (Order
94-30), § 173-303-810, filed 10/19/95, effective 11/19/95; 94-01-060
(Order 92-33), § 173-303-810, 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), §
173-303-810, filed 3/7/91, effective 4/7/91. Statutory Authority:
Chapter
70.105 RCW. 87-14-029
(Order DE-87-4), § 173-303-810, filed 6/26/87; 84-09-088 (Order DE 83-36),
§ 173-303-810, filed 4/18/84. Statutory Authority:
RCW
70.95.260 and
chapter
70.105 RCW. 82-05-023
(Order DE 81-33), § 173-303-810, filed
2/10/82.