Washington Administrative Code
Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508)
Chapter 173-350 - Solid waste handling standards
Section 173-350-210 - Recycling and material recovery facilities
Current through Register Vol. 24-06, March 15, 2024
A significant intent in the revision of the rule was to distinguish between commodities and solid waste, and to curb the potential for the speculative accumulation of large amounts of waste disguised as recycling. Stakeholders suggested and ecology concurs it is reasonable to recycle half of incoming material on an annual basis. We revised Table 210A to reflect that requirement, which also better aligns WAC 173-350-210 with the standards in WAC 173-350-320 for the temporary accumulation of wastes in piles. Compliance with the requirements in chapter 173-345 WAC is obligatory for applicable operations, and ecology included a reference on request.
The amount of waste residual allowable in source-separated materials is limited to five percent under the adopted rule. In Table 210A, ecology had eliminated weight as a metric, in favor of volume, but stakeholders pointed out that the metric depends on the kind of material. Ecology returned weight as an appropriate measure, in addition to volume. This standard determines whether a permit may be required, and is not a threshold for determining whether the material is a solid waste.
We revised subsections (4) and (5)(a) of WAC 173-350-210 to reflect that existing elements of a facility do not necessarily need to be documented in the same manner as proposed new elements or existing elements that are proposed to be modified. The revision also clarifies that an engineer does not have to prepare every document.
In subsection (4)(g) of WAC 173-350-210 we further specified that leachate collection must extend to areas other than the tipping floor if leachate is likely to be generated. This revision is necessary to ensure compliance with state water quality rules.
We revised subsection (6) of WAC 173-350-210 to accommodate local jurisdictional health department approval of operations that may desire or need to have extended hours of operation when an attendant is not on site.
(1) Recycling and material recovery facilities -Applicability.
(2) Recycling and material recovery facilities - Permit exemptions. In accordance with RCW 70.95.305, recycling and material recovery facilities managed in accordance with the terms and conditions of Table 210-A of this subsection are exempt from solid waste handling permitting. If a facility does not operate in compliance with the terms and conditions established for an exemption under this subsection, the facility may be subject to the permitting requirements for solid waste handling under this chapter. In addition, violations of the terms and conditions of this subsection may be subject to the enforcement provisions of RCW 70.95.315.
Table 210-A
Terms and Conditions for Solid Waste Permit Exemption
Waste Materials |
Specific Requirements for Activity or Operation |
|
(1) |
Cured concrete or wood waste at point of generation |
(a) Meet the performance standards of WAC 173-350-040; and (b)Recycle and use materials back on-site. |
(2) |
Comingled brick, cured, concrete, or asphaltic materials |
(a) Meet the performance standards of WAC 173-350-040; (b) Recycle or ship for recycling at least fifty percent of all incoming material annually; (c) Comply with all applicable requirements of chapter 173-345 WAC, Recyclable materials-Transporter and facility requirements; (d) Allow inspections by the department or jurisdictional health department at reasonable times; (e) Thirty days prior to operation, facilities must submit a notification of intent to operate as a conditionally exempt facility to the jurisdictional health department and the department. Notice of intent must be submitted on a form provided by the department and must be complete; and (f) Prepare and submit an annual report to the jurisdictional health department and the department by April 1st on forms supplied by the department. The annual report must detail material recovery or recycling activities during the previous calendar year and must include the following information: (i) Name and address of the operation; (ii) Calendar year covered by the report; (iii) Annual quantities and types of waste received, recovered or recycled, and disposed, in tons; (iv) Destination of materials; and (v) Any additional information required by the department. |
(3) |
Source-separated recyclable materials |
(a) Meet the performance standards of WAC 173-350-040; and (b) Accept only wastes segregated into individual material streams. Examples of individual material streams are loads composed solely of cardboard, mattresses, or metal of one type or several types. More than one individual material stream may be accepted at the same facility, but mixed waste materials, including commingled recyclable materials, may not be accepted under this exemption; (c) Dispose of an incidental and accidental residual not to exceed five percent of weight or volume of the total waste received per year or per load, whichever is more stringent; (d) Manage the operation to prevent the attraction of vectors; (e)Recycle or ship for recycling at least fifty percent of all incoming material annually; (f)Comply with all applicable requirements of chapter 173-345 WAC, Recyclable materials-Transporter and facility requirements; (g) Allow inspections by the department or jurisdictional health department at reasonable times; (h) Thirty days prior to operation, facilities must submit a notification of intent to operate as a conditionally exempt facility to the jurisdictional health department and the department. Notice of intent must be submitted on a form provided by the department and must be complete; and (i) Prepare and submit an annual report to the jurisdictional health department and the department by April 1st on forms supplied by the department. The annual report must detail material recovery or recycling activities during the previous calendar year and must include the following information: (i) Name and address of the operation; (ii) Calendar year covered by the report; (iii) Annual quantities and types of waste received, recovered or recycled, and disposed, in tons; (iv) Destination of materials; and (v) Any additional information required by the department. |
(3) Recycling and material recovery facilities - Permit requirements - Location. There are no specific location standards for recycling and material recovery facilities subject to permitting under this chapter; however, recycling and material recovery facilities must meet the performance standards of WAC 173-350-040.
(4) Recycling and material recovery facilities - Permit requirements - Design. Recycling and material recovery facilities must be designed so that the facilities can be operated to meet the performance standards of WAC 173-350-040, and the following design standards:
(5) Recycling and material recovery facilities - Permit requirements - Documentation.
(6) Recycling and material recovery facilities - Permit requirements - Operating. The owner or operator of a recycling or material recovery facility must:
(7) Recycling and material recovery facilities - Permit requirements - Groundwater monitoring. There are no specific groundwater monitoring requirements for recycling and material recovery facilities subject to this chapter; however, recycling and material recovery facilities must meet the performance standards of WAC 173-350-040.
(8) Recycling and material recovery facilities - Permit requirements - Closure. The owner or operator of a recycling or material recovery facility must develop, keep, and follow a closure plan that includes:
(9) Recycling and material recovery facilities - Permit requirements - Financial assurance. There are no specific financial assurance requirements for recycling and material recovery facilities subject to this chapter; however, recycling and material recovery facilities must meet the performance standards of WAC 173-350-040.
(10) Recycling and material recovery facilities - Permit application contents. The owner or operator of a recycling or material recovery facility must obtain a solid waste permit from the jurisdictional health department. All applications for permits must be submitted according to the procedures established in WAC 173-350-710. In addition to the requirements of WAC 173-350-710 and 173-350-715, each application for a permit must contain:
Statutory Authority: Chapter 70.95 RCW. 03-03-043 (Order 99-24), § 173-350-210, filed 1/10/03, effective 2/10/03.