Current through Register Vol. 24-06, March 15, 2024
(1)
Applicability.
(a) On and after November 26,
1993, all MSWLF units must meet the location restrictions of this section
unless otherwise specified.
(b)
Existing MSWLF units that cannot make the demonstration specified in subsection
(2)(a) of this section, pertaining to airports, subsection (3)(a) of this
section, pertaining to flood plains, subsection (7)(a) of this section,
pertaining to unstable areas, must close by October 9, 1996, and conduct
post-closure in accordance with WAC
173-351-500, Closure and
post-closure care.
(c) The deadline
for closure required by (b) of this subsection may be extended up to two years
if the owner or operator demonstrates to the jurisdictional health department
during the permitting process of WAC
173-351-700 that:
(i) There is no available alternative
disposal capacity; and
(ii) There
is no immediate threat to human health and the environment.
Note:
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Owners or operators of MSWLFs should be aware that
the state department of health has adopted a state wellhead protection program
in accordance with section 1428 of the Safe Drinking Water Act. Owners and
operators should also be aware of location restrictions which may exist through
the process of designating and implementing Groundwater Management Areas, under
chapter 173-100 WAC, and through the Special Protection Areas of chapter
173-200 WAC.
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(2) Airport safety.
(a) Owners or operators of new MSWLF units,
existing MSWLF units, and/or lateral expansions that are located within ten
thousand feet (three thousand forty-eight meters) of any airport runway end
used by turbojet aircraft or within five thousand feet (one thousand
twenty-four meters) of any airport runway end used by only piston-type aircraft
must demonstrate that the units are designed and operated so that the MSWLF
unit does not pose a bird hazard to aircraft.
(b) Owners or operators proposing to site new
MSWLF units within a six-mile (ten kilometer) radius or lateral expansions
within a five-mile (eight kilometer) radius of any airport runway end used by
turbojet or piston-type aircraft must notify the effected airport and the
Federal Aviation Administration (FAA) and conform to all applicable
requirements.
(c) The owner or
operator must place the demonstration required by (a) of this subsection in the
application for a permit under WAC
173-351-700 or through the permit
modification process of WAC
173-351-720(6).
(d) For purposes of this subsection:
(i) "Airport" means public-use airport open
to the public without prior permission and without restrictions within the
physical capacities of available facilities.
(ii) "Bird hazard" means an increase in the
likelihood of bird/aircraft collisions that may cause damage to the aircraft or
injury to its occupants.
(3) Flood plains.
(a) Owners or operators of new MSWLF units,
existing MSWLF units, and lateral expansions located in 100-year flood plains
must demonstrate that the unit will not restrict the flow of the 100-year
flood, reduce the temporary water storage capacity of the flood plain, or
result in washout of solid waste so as to pose a hazard to human health and the
environment. The owner or operator must place the demonstration in the
application for a permit under WAC
173-351-700 or through the permit
modification process of WAC
173-351-720(6).
(b) For purposes of this subsection:
(i) "Flood plain" means the lowland and
relatively flat areas adjoining inland and coastal waters, including
flood-prone areas of offshore islands, that are inundated by the 100-year
flood.
(ii) "100-year flood" or
"base flood" means a flood that has a one percent or less chance of recurring
in any given year or a flood of a magnitude equaled or exceeded once in one
hundred years on the average over a significantly long period.
(iii) "Washout" means the carrying away of
solid waste by waters of the base flood.
(4) Wetlands.
(a) New MSWLF units and lateral expansions
must not be located in wetlands, unless the owner or operator can make the
following demonstrations during the permit process of WAC
173-351-700 or through the permit
modification process of WAC
173-351-720(6):
(i) The construction and operation of the
MSWLF unit will not:
(A) Cause or contribute
to violations of chapter 173-201A WAC, Water quality standards for surface
waters of the state of Washington and chapter 173-200 WAC, Water quality
standards for groundwaters of the state of Washington;
(B) Violate any applicable toxic effluent
standard or prohibition under Section 307 of the Federal Clean Water Act or
chapter 173-220 WAC, the National Pollutant discharge elimination system permit
program;
(C) Jeopardize the
continued existence of endangered or threatened species or result in the
destruction or adverse modification of a critical habitat, protected under the
Federal Endangered Species Act of 1973; and
(D) Violate any requirement under the Federal
Marine Protection, Research, and Sanctuaries Act of 1972 for the protection of
a marine sanctuary;
(ii)
The MSWLF unit will not cause or contribute to significant degradation of
wetlands. The owner or operator must demonstrate during the permit process of
WAC 173-351-700 or through the permit
modification process of WAC
173-351-720(6)
the integrity of the MSWLF unit and its ability to protect ecological resources
by addressing the following factors:
(A)
Erosion, stability, and migration potential of native wetland soils, mud, and
deposits used to support the MSWLF unit;
(B) Erosion, stability, and migration
potential of dredged and fill materials used to support the MSWLF
unit;
(C) The volume and chemical
nature of the waste managed in the MSWLF unit;
(D) Impacts on fish, wildlife, and other
aquatic resources and their habitat from release of the solid waste;
(E) The potential effects of catastrophic
release of solid waste to the wetland and the resulting impacts on the
environment; and
(F) Any additional
factors, as necessary, to demonstrate during the permit process of WAC
173-351-700 or through the permit
modification process of WAC
173-351-720(6)
that ecological resources in the wetland are sufficiently protected.
(iii) Where applicable under
Section 404 of the Federal Clean Water Act or applicable state wetlands laws
and regulations (e.g. chapter 173-22 WAC, Adoption of designations of wetlands
associated with shorelines of the state), the presumption that a practicable
alternative to the proposed landfill is available which does not involve
wetlands is clearly rebutted;
(iv)
To the extent required under Section 404 of the Federal Clean Water Act steps
have been taken to attempt to achieve no net loss of wetlands (as defined by
acreage and function) by:
(A) Avoiding impacts
to wetlands to the maximum extent practicable as required by (a)(iii) of this
subsection;
(B) Minimizing
unavoidable impacts to the maximum extent practicable; and
(C) Finally offsetting remaining unavoidable
wetlands impacts through all appropriate and practicable compensatory
mitigation actions (e.g., restoration and maintenance of existing degraded
wetlands or creation of man-made wetlands);
(v) Sufficient information is available to
make a reasonable determination with respect to these demonstrations.
(b) For purposes of this
subsection, "wetlands" means those areas that are defined in
40 C.F.R.
232.2(r): Areas that are
inundated or saturated by surface or groundwater at a frequency and duration
sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil
conditions. Wetlands include, but are not limited to, swamps, marshes, bogs,
and similar areas.
(5)
Fault areas.
(a) New MSWLF units and lateral
expansions must not be located within two hundred feet (sixty meters) of a
fault that has had displacement in Holocene time unless the owner or operator
demonstrates during the permit process of WAC
173-351-700 or through the permit
modification process of WAC
173-351-720(6)
that an alternative setback distance of less than two hundred feet (sixty
meters) will prevent damage to the structural integrity of the MSWLF unit and
will be protective of human health and the environment.
(b) For the purposes of this subsection:
(i) "Fault" means a fracture or a zone of
fractures in any material along which strata on one side have been displaced
with respect to that on the other side.
(ii) "Displacement" means the relative
movement of any two sides of a fault measured in any direction.
(iii) "Holocene" means the most recent epoch
of the Quaternary period, extending from the end of the Pleistocene Epoch to
the present.
(6) Seismic impact zones.
(a) New MSWLF units and lateral expansions
must not be located in seismic impact zones, unless the owner or operator
demonstrates during the permit process of WAC
173-351-700 or through the permit
modification process of WAC
173-351-720(6)
to the jurisdictional health department that all containment structures,
including liners, leachate collection systems, and surface water control
systems, are designed to resist the maximum horizontal acceleration in
lithified earth material for the site. The owner or operator must place the
demonstration in the application for a permit under WAC
173-351-700 or through the permit
modification process of WAC
173-351-720(6).
(b) For the purposes of this subsection:
(i) "Seismic impact zone" means an area with
a ten percent or greater probability that the maximum horizontal acceleration
in lithified earth material, expressed as a percentage of the earth's
gravitational pull, will exceed 0.10g in two hundred fifty years.
(ii) "Maximum horizontal acceleration in
lithified earth material" means the maximum expected horizontal acceleration
depicted on a seismic hazard map, with a ninety percent or greater probability
that the acceleration will not be exceeded in two hundred fifty years, or the
maximum expected horizontal acceleration based on a site-specific seismic risk
assessment.
(iii) "Lithified earth
material" means all rock, including all naturally occurring and naturally
formed aggregates or masses of minerals or small particles of older rock that
formed by crystallization of magma or by induration of loose sediments. This
term does not include man-made materials, such as fill, concrete, and asphalt,
or unconsolidated earth materials, soil, or regolith lying at or near the earth
surface.
(7)
Unstable areas.
(a) Owners or operators of new
MSWLF units, existing MSWLF units, and lateral expansions located in an
unstable area must demonstrate that engineering measures have been incorporated
into the MSWLF unit's design to ensure that the integrity of the structural
components of the MSWLF units will not be disrupted. The owner or operator must
place the demonstration in the application for a permit under WAC
173-351-700 or through the permit
modification process of WAC
173-351-720(6).
The owner or operator must consider the following factors, at a minimum, when
determining whether an area is unstable:
(i)
On-site or local soil conditions that may result in significant differential
settling;
(ii) On-site or local
geologic or geomorphologic features; and
(iii) On-site or local human-made features or
events (both surface and subsurface).
(b) For purposes of this subsection:
(i) "Unstable area" means a location that is
susceptible to natural or human-induced events or forces capable of impairing
the integrity of some or all of the landfill structural components responsible
for preventing releases from a landfill. Unstable areas can include poor
foundation conditions, and areas susceptible to mass movements.
(ii) "Structural components" means liners,
leachate collection systems, final covers, run-on/run-off systems, and any
other component used in the construction and operation of the MSWLF that is
necessary for protection of human health and the environment.
(iii) "Poor foundation conditions" means
those areas where features exist which indicate that a natural or man-induced
event may result in inadequate foundation support for the structural components
of a MSWLF unit.
(iv) "Areas
susceptible to mass movement" means those areas of influence (i.e., areas
characterized as having an active or substantial possibility of mass movement)
where the movement of earth material at, beneath, or adjacent to the MSWLF
unit, because of natural or human-induced events, results in the downslope
transport of soil and rock material by means of gravitational influence. Areas
of mass movement include, but are not limited to, landslides, avalanches,
debris slides and flows, soil fluction, block sliding, and rock fall.
Statutory Authority:
RCW
70.95.020(3),
70.95.060(1), and
70.95.260(1),
(6). 12-23-009 (Order 07-15), §
173-351-130, filed 11/8/12, effective 12/9/12. Statutory Authority:
Chapter
70.95 RCW and 40 CFR 258.
93-22-016, § 173-351-130, filed 10/26/93, effective
11/26/93.