Current through Register Vol. 24-06, March 15, 2024
(1) Purpose. The purpose of this regulation
is to establish minimum statewide standards for all municipal solid waste
landfill (MSWLF) units under the authority of
chapter
70.95 RCW as amended in
order that jurisdictional health departments can enact ordinances equally as or
more stringent than this regulation and to have jurisdictional health
departments implement such ordinances through a permit system set forth in WAC
173-351-700. It is also the
purpose of this regulation to implement rule making by the U.S. Environmental
Protection Agency (EPA) under the authority of subtitle D of the Resource
Conservation and Recovery Act (RCRA), as amended in 1984, and under the
authority of Section 405(d) of the Clean Water Act as amended. The Clean Water
Act required EPA "to establish standards for sewage sludge that is co-disposed
with municipal solid waste." EPA satisfied both statutory requirements with the
publication of 40 C.F.R. Part 258 -Criteria For Municipal Solid Waste Landfills
on October 9, 1991. These minimum statewide criteria ensure the protection of
human health and the environment.
(2) Applicability.
(a) These criteria apply to new MSWLF units,
existing MSWLF units, and lateral expansions, except as otherwise specifically
provided in this regulation. All other solid waste disposal facilities and
practices that are not regulated under subtitle C of RCRA and
chapter
70.105 RCW are subject to
the criteria contained in 40 C.F.R. Part 257, Criteria For Classification of
Solid Waste Disposal Facilities, chapter 173-350 WAC, and/or chapter 173-304
WAC as amended.
Note:
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These rules do not apply to facilities that receive
only inert waste, demolition waste, wood waste, industrial solid wastes, or
other types of solid waste (other than household waste) disposed of in
landfills regulated in chapter 173-350 WAC, Solid waste handling standards.
Codisposal of any solid waste with household waste is governed by these
rules.
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(b)
These criteria do not apply to MSWLF units that do not receive waste on or
after November 26, 1993. MSWLF units that stopped receiving waste prior to
October 9, 1991, are subject to closure and post-closure rules under chapter
173-304 WAC, the Minimum Functional Standards for Solid Waste Handling. MSWLF
units that received waste on and after October 9, 1991, but stop receiving
waste prior to November 26, 1993:
(i) Are also
subject to federal closure rules under 40 C.F.R. Part 258.60(a);
(ii) Will be subject to all the requirements
of this regulation unless otherwise specified, if such MSWLF units fail to meet
the federal closure rules under 40 C.F.R. Part 258.60(a) by April 9, 1994, and
the closure standards of chapter 173-304 WAC; except that jurisdictional health
departments may grant time extensions to complete closure under 40 C.F.R. Part
258.60(a) by October 9, 1994; and
(iii) Will be subject to the groundwater
monitoring and remedial action requirements of WAC
173-351-400 and the permitting
requirements of WAC
173-351-700 if such MSWLF units
are part of a multiunit groundwater monitoring system of WAC
173-351-450(4).
(3) Effective dates.
(a) All MSWLF units that receive waste on or
after November 26, 1993, must comply with this chapter by November 26, 1993,
unless:
(i) Later effective dates are
specified elsewhere in this chapter, such as WAC
173-351-400(1)(b),
groundwater monitoring, WAC
173-351-430(2)(b),
detection monitoring program, WAC
173-351-440(2),
assessment monitoring, and WAC
173-351-500(2)(c),
closure and post-closure care; or
(ii) The MSWLF unit is an existing MSWLF unit
or an existing lateral expansion of an existing unit that:
(A) Disposed of 100 tons per day or less of
solid waste during a representative period prior to November 26,
1993;
(B) Does not dispose of more
than an average of 100 tons per day of solid waste each month between November
26, 1993, and April 9, 1994; and
(C) Is not on the National Priorities List
(NPL) as found in Appendix B to 40 C.F.R. Part 300.
(b) MSWLF units that meet
conditions of (a)(ii) of this subsection are exempt from all requirements of
this rule but must meet the final cover requirement specified in
40 C.F.R.
258.60(a) and the
requirements of chapter 173-304 WAC. The final cover must be installed by
October 9, 1994. Owners or operators of MSWLF units described in (a)(ii) of
this subsection that fail to complete cover installation by October 9, 1994,
will be subject to all requirements of this chapter, unless otherwise
specified.
(c) MSWLF units failing
to satisfy these criteria are considered open dumps for purposes of state solid
waste management planning under RCRA.
(d) MSWLF units failing to satisfy these
criteria constitute open dumps, which are prohibited under section 4005 of
RCRA.
(e) MSWLF units containing
sewage sludge and failing to satisfy these criteria violate Sections 309 and
405(e) of the Federal Clean Water Act.
Note:
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All state codes standards, rules and regulations
cited in this chapter are available by writing to the Department of Ecology,
P.O. Box 4-7600, Olympia, Washington 98504-7600, or call 1-800-RECYCLE for the
location of the nearest regional office of the department.
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Statutory Authority:
RCW
70.95.020(3),
70.95.060(1), and
70.95.260(1),
(6). 12-23-009 (Order 07-15), §
173-351-010, filed 11/8/12, effective 12/9/12. Statutory Authority:
Chapter
70.95 RCW and 40 CFR 258.
93-22-016, § 173-351-010, filed 10/26/93, effective
11/26/93.