Current through Register Vol. 24-06, March 15, 2024
(1)
Beneficial use permit exemptions -
Applicability.
(a) This section
applies to the beneficial use of solid waste in a manner approved by the
department when the department has approved a beneficial use permit
application.
(b) This section does
not apply to:
(i) Solid waste handling
facilities requiring permits or facilities operating under a conditional
exemption authorized by
RCW
70.95.305;
(ii) Materials used as alternative daily
cover at landfills, which requires approval as part of the solid waste
permitting process or subsequent allowance by the jurisdictional health
department; and
(iii) Use of a
solid waste as a component of fill unless a demonstration shows that the
material meets specific engineering needs and specifications other than
occupying space. Any proposal made under this section to use solid waste as a
component of fill must be certified by a professional engineer registered in
the state of Washington, in an engineering discipline appropriate for the
proposed activity.
(2)
Beneficial use permit exemptions -
Application procedures.
(a)
Applications for permit exemptions must be prepared and submitted on forms
prescribed by the department and in accordance with the requirements of this
subsection. Any person(s) applying for a beneficial use permit exemption must
demonstrate to the satisfaction of the department that the proposed use of the
specific solid waste does not present a threat to human health or the
environment. The application must at a minimum contain the following:
(i) The name(s), address(es), and phone
number(s) of the waste generator(s);
(ii) The name(s), address(es), and phone
number(s) of the applicant;
(iii)
The uniform business identifier number for the waste generator and any
third-party handler of the waste material;
(iv) A detailed description of the solid
waste, including ingredients used in making the original product from which the
solid waste is derived, and the proposed beneficial use;
(v) Evidence that the material will perform
as claimed;
(vi) A description of
how the waste will be transported or distributed for the proposed beneficial
use;
(vii) A description of the
materials that contribute or potentially contribute contaminants/pollutants to
the waste to be beneficially used;
(viii) A schematic and text summary of the
waste gener-ator(s) operations, including all points where wastes are
generated, treated or stored;
(ix)
A description of how terms and conditions of subsection (3)(a) of this section
will be met;
(x) A State
Environmental Policy Act checklist under chapter 197-11 WAC, SEPA
rules;
(xi) Appropriate signatures
as described in WAC
173-350-715(3);
(xii) If the beneficial use is proposed as a
soil amendment, or for other solid wastes beneficially applied to the land, a
description of how the terms and conditions of subsection (3)(b) of this
section will be met; and
(xiii) Any
additional information deemed necessary by the department.
(b) Once the department determines that the
application is complete, the department will notify the applicant and initiate
the public review process outlined in subsection (5) of this section.
(c) Once the public review process outlined
in subsection (5) of this section has begun, any changes to the application or
submittal of additional information by the applicant will result in a
withdrawal of the completeness determination by the department and termination
of the public review process. The department will resume review of the amended
application in accordance with the procedures of subsection (5) of this
section.
(d) After completion of
the comment period, the department will review comments, technical information
from agency and other publications, standards published in regulations, and
other information deemed relevant by the department to render a
decision.
(e) Every complete
application will be approved or disapproved by the department in writing within
ninety days after receipt. Exemptions will be granted by the department only to
those beneficial uses of solid waste that the department determines do not
present a threat to human health or the environment.
(f) Upon approval of the application by the
department, the beneficial use of the solid waste by the original applicant is
exempt from solid waste permitting for use anywhere in the state consistent
with the terms and conditions of the approval.
(3)
Beneficial use permit exemptions -
General terms and conditions.
(a) The
following general terms and conditions apply to all permit exempt beneficial
uses of solid waste approved by the department. All persons beneficially using
solid waste approved for permit exemption in accordance with this section must:
(i) Conduct the beneficial use in a manner
that does not present a threat to human health or the environment;
(ii) Ensure that the material is not a
dangerous waste regulated under chapter 173-303 WAC, Dangerous waste
regulations;
(iii) Not dilute a
waste, or the residual from treatment of a waste in order to lessen contaminant
concentrations inherent in the waste as a substitute for treatment or
disposal;
(iv) Meet the performance
standards of WAC
173-350-040;
(v) Immediately notify the department and the
jurisdictional health department of any accidental release(s) of contaminants
to the environment;
(vi) Separate
wastes intended for beneficial use from other wastes that are intended for
disposal or other destination, prior to entering the location where the
beneficial use will occur;
(vii)
Manage the waste in a manner that controls vector attraction;
(viii) Ensure that solid waste being stored
prior to being beneficially used is managed in accordance with the requirements
of all applicable sections of this chapter unless alternative intermediate
storage is approved by the department during the beneficial use exemption
application review process;
(ix)
Allow the department or the jurisdictional health department, at any reasonable
time, to inspect the location where a permit exempt solid waste is stored or
used to ensure compliance with applicable terms and conditions of this section;
and
(x) Prepare and submit an
annual report to the department by April 1st on forms supplied by the
department. The annual report must detail the activities of the exemption
holder during the previous calendar year and must include the following
information:
(A) The permit exemption number
applicable to the beneficial use activity;
(B) The name, address, and telephone number
of the exemption holder;
(C) The
amount of solid waste beneficially used;
(D) A certification that the nature of the
waste and the operating practices have been in compliance with the terms and
conditions of this section and the approved beneficial use permit exemption
during the previous calendar year; and
(E) Any additional information required by
the department as a condition of the beneficial use determination.
(b) In addition to the
general terms and conditions established in (a) of this subsection, solid
wastes applied to the land for agronomic value or soil amending capability
under a beneficial use permit exemption must:
(i) Provide an analysis of nutrients at a
minimum to include organic nitrogen, nitrate-nitrogen, ammonium-nitrogen, total
phosphorus, and total potassium, reported on a dry weight basis;
(ii) Provide an analysis of physical/chemical
parameters to include at a minimum: Total solids, total volatile solids, pH,
electrical conductivity, and total organic carbon;
(iii) Provide a discussion of any pathogens
known or suspected to be associated with this material, including those that
can cause disease in plants, animals or humans;
(iv) Provide additional analysis required by
the department. The department may reduce the analytical requirements of this
section;
(v) Meet the standards for
metals established by the Washington state department of agriculture for
registered commercial fertilizers regulated under WAC
16-200-7061
through
16-200-7064,
Fertilizers;
(vi) Apply at an
application rate and in a manner that ensures protection of groundwater and
surface water and does not exceed an application rate that would violate the
Washington state department of agriculture standards for metals in fertilizers;
and
(vii) Not be stored at an
application site during periods when precipitation, wind, or other factors will
cause migration from the storage area, unless the site is specifically designed
to accommodate storage during these periods and storage is approved by the
department during the permit exemption application process. The quantity stored
at an application site must not exceed the amount needed to meet the annual
needs of the site based on the approved application rate. When a soil amendment
is stored at an application site it must not contain free liquid waste unless
the requirements of WAC
173-350-330
are met or an alternative storage method is approved by the department during
the permit exemption application process.
(c) The department may require a person
operating under any exemption issued under this section to meet additional or
more stringent requirements for protection of human health and the environment,
or to ensure compliance with other applicable regulations:
(i) At the time the department approves an
application for a beneficial use permit exemption; or
(ii) When new information becomes available
that warrants additional protections, but in the opinion of the department does
not necessitate revocation of the beneficial use permit exemption.
(d) The department will notify the
exempted party and all jurisdictional health departments of any additional or
more stringent requirements.
(4)
Beneficial use permit exemptions -
Secondary application procedure. Beneficial use permit exemptions,
approved by the department in accordance with the procedures of subsection (5)
of this section, are granted solely to the original applicant(s). Any person,
other than the original applicant(s), interested in beneficially using solid
waste pursuant to the terms and conditions of an existing permit exemption must
apply to the department by following the procedures described in subsection (2)
of this section.
(5)
Beneficial use permit exemptions -
Public review
process.
(a) Once an application is
determined to be complete, the department will:
(i) Notify the applicant that the application
has been determined to be complete;
(ii) Notify all jurisdictional health
departments, interested parties, representatives of the solid waste industry,
and the Washington department of agriculture that a proposal is under
consideration and provide access to the complete application and supporting
documentation via the department's web site for review and comment. Access to
the proposal and supporting documentation will be available in hard copy or
other format upon request;
(iii)
Post the complete proposal and supporting documentation on the agency's web
site for not less than forty-five calendar days along with instructions for
commenting on the proposal;
(iv)
Within forty-five calendar days, any person or jurisdictional health department
may comment on the application by forwarding comments and any other information
deemed relevant, to the department; and
(v) The Washington state department of
agriculture's comments must be limited to addressing whether approving the
application will result in the risk of spreading disease, plant pathogens, or
pests to areas that are not under a quarantine, as defined in
RCW
17.24.007.
(b) The department will develop and maintain
a register of all complete applications it receives for beneficial use
exemptions, and all approvals and denials. The register will include
information regarding the proposed beneficial use and the waste being
beneficially used.
(c) The
department will maintain a list of interested parties and solid waste industry
contacts.
(6)
Beneficial use permit exemptions - Revocations, enforcement, and
appeals.
(a) The department may
require a person operating under any exemption covered by this section to apply
to the jurisdictional health department for a solid waste handling permit under
the applicable section of this chapter if:
(i) The exemption holder fails to comply with
the terms and conditions of this section and the approval; or
(ii) The department determines that the
exemption was obtained by misrepresenting or omitting any information that
potentially could have affected the issuance or terms and conditions of an
exemption; or
(iii) New information
not previously considered or available as part of the application demonstrates
to the department that management of the waste under a beneficial use permit
exemption may present a threat to human health or the environment.
(b) The department will provide
written notification to the exempted party and all jurisdictional health
departments of any requirement to apply for a permit under this chapter. A
person that is required by the department to apply for permit coverage must
immediately cease beneficial use activities until all necessary solid waste
handling permits are issued.
(c)
The terms and conditions of subsection (3)(a)(viii) of this section remain in
effect until the solid waste handling permit process has been completed unless
an administrative order issued under the authority of
RCW 70.95.315
directs that use activities cease.
(d) Any person that violates the terms and
conditions of a beneficial use permit exemption issued under this section may
be subject to the enforcement provisions of
RCW
70.95.315.
(e) Appeals of the department's decision to
issue or deny or revoke a beneficial use permit exemption must be made to the
pollution control hearings board by filing with the hearings board a notice of
appeal within thirty days of the decision of the department. The board's review
of the decision will be made in accordance with chapter 43.21B RCW,
Environmental and land use hearings office- Pollution control hearings board,
and any subsequent appeal of a decision of the board must be made in accordance
with
RCW
43.21B.180. Persons that may appeal are:
(i) For waste derived soil amendments any
aggrieved party may appeal; and
(ii) For all other beneficial uses of solid
waste any jurisdictional health department or the applicant may
appeal.
(7)
Beneficial use permit exemptions - Solid waste exempt from permitting by
rule. Reserved.
Note:
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RCW
70.95.300 contains provisions that
allow the department to exempt from permitting certain beneficial
uses of solid waste by rule. The statute also requires the department to
develop an application and approval process by which a person could apply for a
beneficial use permit exemption. At this time the department has chosen to
limit rule making to development of the required application and approval
process, and hold a section in reserve for future development of a list of
approved beneficial uses.
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Statutory Authority:
Chapter
70.95 RCW. 03-03-043
(Order 99-24), § 173-350-200, filed 1/10/03, effective
2/10/03.