Current through Register Vol. 24-06, March 15, 2024
(1) When biosolids are placed in a municipal
solid waste landfill unit they are considered solid waste (sewage
sludge).
(2) Any landfill accepting
sewage sludge for disposal must be in compliance with the requirements of
chapter 173-351 WAC and 40 C.F.R. Part 258.
(3) Sewage sludge that is disposed in a
municipal solid waste landfill must meet the liquids in landfills restrictions
of chapter 173-351 WAC.
(4) Sewage
sludge that is disposed in a municipal solid waste landfill must not be
hazardous waste as defined in chapter 173-303 WAC or 40 C.F.R. Part
261.
(5)
Daily cover.
The use of sewage sludge as daily cover or as an amendment to daily cover is
not a beneficial use and is considered disposal.
(6)
Intermediate or final cover.
The use of biosolids as a component of landfill intermediate or final cover is
considered a beneficial use if the following conditions are met:
(a) The use is consistent with an approved
landfill plan of operations or closure/post-closure plan.
(b) The biosolids are used for the purposes
of establishing a vegetative cover.
(c) If the biosolids are nonexceptional
quality, the department has approved a site specific land application plan that
meets the requirements of WAC
173-308-310(8).
For the purposes of this subsection, a site specific land application plan may
recognize an approved plan of operations or closure/post-closure plan that
addresses the substantive requirements of WAC
173-308-310(8).
(7)
Disposal on an emergency
basis.
(a) Facilities wishing to
dispose of sewage sludge in a municipal solid waste landfill on an emergency
basis must meet the conditions of this subsection and those in chapter 173-351
WAC.
(b) The person proposing to
dispose of sewage sludge must obtain a written determination from the local
health jurisdiction where the sewage sludge is proposed for disposal that a
potentially unhealthful circumstance exists under present conditions of
management or would result from land application, and that other management
options are unavailable or would pose a threat to human health or the
environment.
(c) Upon making the
determination in (b) of this subsection, the local health jurisdiction must
notify the department in writing of its findings and the basis for its
determination. In its notification, the local health jurisdiction must state
the date on which disposal is approved to commence, any conditions, and the
date after which disposal is prohibited.
(8)
Disposal on a temporary
basis.
(a) Any person wishing to
dispose of sewage sludge in a municipal solid waste landfill on a temporary
basis must submit a plan for approval to the department. The plan must include
the following information:
(i) The conditions
that make disposal necessary.
(ii)
The steps that will be taken to correct the conditions that make disposal
necessary so that disposal will not become a long-term management
option.
(iii) A time table for
implementing the steps to be taken to correct the conditions that make disposal
necessary.
(b) The
person proposing to dispose must provide the department with written approval
for disposal from the local health jurisdiction in the receiving
jurisdiction.
(9)
Disposal on a long-term basis.
(a) Any person wishing to dispose of sewage
sludge in a municipal solid waste landfill on a long-term basis must have
authorization to do so in a valid NPDES or state waste discharge permit issued
under chapter 90.48
RCW or a permit issued under this chapter, and the person must submit for
approval to the department an evaluation of the various management options that
demonstrates to the satisfaction of the department that options for beneficial
use are economically infeasible.
(b) The person proposing to dispose must
provide the department with written approval for disposal from the local health
jurisdiction in the receiving jurisdiction.
Statutory Authority: Chapters 70.95J and
70.95 RCW. 07-12-010 (Order 06-06),
§ 173-308-300, filed 5/24/07, effective 6/24/07. Statutory Authority:
RCW
70.95J.020 and
70.95.255. 98-05-101 (Order
97-30), § 173-308-300, filed 2/18/98, effective
3/21/98.