Current through Register Vol. 24-06, March 15, 2024
(1) Demonstration permits. Demonstration
permits must be required for persons utilizing ash (see WAC
173-306-490(2)(b)
). In addition, persons applying for a
utilization permit must demonstrate that the proposed utilization will
successfully meet the requirements of WAC
173-306-490(2)(b)(ii)
before full scale reuse or utilization is
practiced.
(a) The demonstration permit will
be issued in accordance with the procedures of WAC
173-306-310;
(b) The demonstration permit shall address
those requirements necessary to meet the standards of WAC
173-306-490(2)(b)(ii) and
(iii), and show that a disposal facility
meeting the requirements of this chapter is available in case the demonstration
fails or this permit is revoked;
(c) The demonstration permit shall provide a
specific time period and a limit on the quantity of ash that will be used for
the demonstration; the department may extend the demonstration period as a
modification of the demonstration permit;
(d) Unless otherwise approved by the
department, the permittee shall submit a report to the department within ninety
days of the end of the demonstration. The report shall contain the results of
all field tests and laboratory analyses and all data developed during the
demonstration period. The department shall then use the information to
determine whether or not there is adequate information to issue a class-use
permit that will incorporate conditions sufficient to provide compliance with
all requirements of WAC
173-306-490(2)(b)(ii) and
(iii). If the information is adequate, the
department will issue a class-use permit under the provisions of this section.
If the information is inadequate, the department may, as the situation
warrants, either issue a modification to the demonstration permit in accordance
with the procedures of WAC
173-306-310(3)
and this subsection, or deny the class-use permit application.
(2) Class-use permits. Class-use
permits are required for persons who distribute utilized ash on the land in a
manner that constitutes disposal. The permit is issued to the seller or
distributor of utilized ash or ash products to a class of users.
(a) The class-use permit will be issued in
accordance with the procedures of WAC
173-306-310;
(b) The class-use permit shall contain those
requirements necessary to meet the standards of WAC
173-306-490(2)(b),
including reporting requirements; and
(c) The department will place limitations on
the class of users of utilized ash or ash products if it is shown that the
limits are necessary to protect human health and the environment.
Statutory Authority:
Chapter
70.138 RCW. 00-19-018
(Order 00-17), § 173-306-320, filed 9/8/00, effective 10/9/00; 90-10-047,
§ 173-306-320, filed 4/30/90, effective
5/31/90.