Washington Administrative Code
Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508)
Chapter 173-350 - Solid waste handling standards
Section 173-350-021 - Determination of solid waste
Current through Register Vol. 24-06, March 15, 2024
(1) Determination of solid waste - Applicability. This section must be applied when determining whether a material is a solid waste as defined in WAC 173-350-100. Some waste materials already have criteria for use, or standards to no longer be considered solid waste, in other sections of this rule. This section may not be applied to the following materials:
(2) A material is a solid waste if it meets any of the criteria in (a) through (f) of this subsection:
(3) A material that met any of the criteria in subsection (2) of this section is no longer a solid waste if it meets all of the criteria in (a) through (e) of this subsection:
(4) If a material does not meet all of the criteria of subsection (3) of this section, the person in possession of the material is still considered to be handling solid waste and is required to obtain a permit from the jurisdictional health department, or meet the requirements of a conditional permit exemption under the applicable section(s) of this chapter, or manage the material in accordance with the provisions of WAC 173-350-200 Beneficial use permit exemptions. In an action to enforce the requirements of this chapter, the generator or person in possession of the material must demonstrate that the material is no longer a solid waste.
(5) Nothing in this chapter shall impact the rights of a commercial recycler, nonprofit, or commercial generator under RCW 70.95.903, 81.77.140, 36.58.160, and 35.21.158.