Current through Register Vol. 24-06, March 15, 2024
(2) This chapter does not apply to the
following:
(a) Overburden from mining
operations intended for return to the mine;
(b) Wood waste used for ornamental, animal
bedding, mulch and plant bedding, or road building purposes;
(c) Wood waste directly resulting from the
harvesting of timber left at the point of generation and regulated under
chapter 76.09 RCW, Forest practices;
(d) Land application of livestock manure and
bedding, crop residue, and on-farm vegetative waste at agronomic
rates;
(e) Mushroom substrate
production when materials that are not solid waste (such as processed chicken
manure) are used in the production;
(f) Single-family residences and
single-family farms whose year round occupants engage in solid waste disposal
regulated under WAC
173-351-700(4);
(g) Clean soil and clean dredged material as
defined in WAC
173-350-100;
(h) The following activities when regulated
under section 404 or 401 of the Clean Water Act (33 U.S.C. Sec. 1344 or 1341)
or section 10 of the Rivers and Harbors Act (33 U.S.C. Sec. 403):
(i) Management of dredged material, as
defined in 40 C.F.R. Sec. 232.2, prior to placement into surface water or onto
land;
(ii) Placement of dredged
material, as defined in 40 C.F.R. Sec. 232.2, into surface water or onto land
where there will be runoff or return water to surface water.
(i) Biosolids that are managed
under chapter 173-308 WAC, Biosolids management;
(j) Domestic septage taken to a sewage
treatment plant permitted under chapter 90.48 RCW, Water pollution
control;
(k) Liquid wastes, the
discharge or potential discharge of which is regulated under federal, state or
local water pollution permits;
(l)
Domestic wastewater facilities and industrial wastewater facilities otherwise
regulated by federal, state, or local water pollution permits;
(m) Dangerous wastes fully regulated under
chapter 70.105 RCW, Hazardous waste management, and chapter 173-303 WAC,
Dangerous waste regulations;
(n)
Special incinerator ash regulated under chapter 173-306 WAC, Special
incinerator ash management standards;
(o) PCB wastes regulated under 40 C.F.R. Part
761, Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution
in Commerce, and Use Prohibitions, except for:
(i) PCB household waste; and
(ii) PCB bulk product wastes identified in 40
C.F.R. Part 761.62 (b)(1) that are disposed of in limited purpose
landfills;
(p)
Radioactive wastes, defined by chapter 246-220 WAC, Radiation
protection-General provisions, and chapter 246-232 WAC, Radioactive
protection-Licensing applicability;
(q) Landfilling of municipal solid waste
regulated under chapter 173-351 WAC, Criteria for municipal solid waste
landfills;
(r) Intermodal
facilities as defined in WAC
173-350-100;
(s) Collection, transport, and
sale of used goods and materials solely for the purpose of reuse as defined in
WAC
173-350-100;
(t) Solid waste handling facilities that have
engaged in closure and closed before the effective date of this
chapter;
(u) Commercial fertilizers
registered with the Washington state department of agriculture and managed in
accordance with the provisions of chapter 15.54 RCW, Fertilizers, minerals, and
limes, and rules adopted thereunder;
(v) Manufactured topsoil, as defined in WAC
173-350-100, composed
only of clean soil and clean dredged material, composted materials, wood waste,
or other commercial products (e.g., bioretention soil media, water retaining
crystals, or registered commercial fertilizers or liming agents);
(w) Engineered soil, as defined in WAC
173-350-100, when
reused, as defined in WAC
173-350-100, in
another construction project for the same engineering properties;
(x) Management of soil or dredged material
within a contaminated site as part of a removal or remedial action under
chapter 70.105D RCW, Hazardous waste cleanup- Model Toxics Control Act, chapter
90.48 RCW, Water pollution control, or 42 U.S.C. Sec. 9601 et seq.,
Comprehensive Environmental Response, Compensation, and Liability Act. However,
the department may determine that the requirements of this chapter are relevant
and appropriate to such a removal or remedial action under WAC
173-340-710;
(y) Contaminated soil, as defined in WAC
173-350-100, removed
from the ground, not altered by additional contaminants, and placed or stored
back at or near the location of generation within a project site. This
exclusion is not meant to allow distant movement of materials within large or
linearly long project sites to new locations that could potentially create new
environmental impacts;
(z) Steel
slag that is a primary product of production in the electric arc steel-making
process, produced to specification, managed as an item of commercial value, and
placed in commerce for general public consumption, if the steel slag material
is not abandoned, discarded, or placed in the solid waste stream;
(aa) Organic materials, as defined in WAC
173-350-100, used for
animal feed or to create animal feed;
(bb) Management of routine livestock
mortalities when managed in compliance with WAC
16-25-025(1), (4),
(6), or (8), disposal of dead
livestock;
(cc) Management of
routine nonlivestock animal mortalities by burial, incineration in a unit with
a design capacity of less than twelve tons per day, natural decomposition, or
rendering, when managed in compliance with WAC
246-203-121,
general sanitation;
(dd) Materials
used in research and development activities intended to evaluate, develop, or
demonstrate potential new or improved beneficial use, reuse, or recycling
methods or technologies for solid wastes conducted by qualified persons in
controlled laboratory, bench scale, or pilot study conditions at the facility
at which the materials are generated, at another facility owned or operated by
the generator, at an institution of higher education as defined in RCW
28B.10.-016, at a higher education institution as defined in
RCW 28B.07.020, or at
a public or private laboratory or other facility contracted by the waste
generator or institution to conduct such activities. These activities include
the research and development operations, the separation, collection, transport,
and transfer of such materials in support of those operations. Solid wastes
handled in connection with such activities shall be reasonably limited to
quantities needed to conduct the research and development project(s), and any
excess or residual of such materials remaining after such activities and any
solid waste generated by such activities shall be handled in accordance with
this chapter or chapter 173-303 WAC, Dangerous waste regulations, as
applicable; and
(ee) In accordance
with
RCW
70.95.207 an authorized collector of covered
drugs regulated under chapter 69.48 RCW is not required to obtain a permit
under
RCW
70.95.170 unless the authorized collector is
required to obtain a permit under
RCW
70.95.170 as a consequence of activities that
are not directly associated with the collection facility's activities under
chapter 69.48 RCW.
Statutory Authority:
RCW
70.95.020(3),
70.95.060(1),
70.95.260(6),
70.95.305,
70.95.330. 13-08-016 (Order
10-06), § 173-350-020, filed 3/25/13, effective 4/25/13. Statutory
Authority:
Chapter
70.95 RCW. 03-03-043
(Order 99-24), § 173-350-020, filed 1/10/03, effective
2/10/03.