Current through Register Vol. 24-06, March 15, 2024
(1) Procedures
for excluding the receipt of prohibited waste.
(a) Owners or operators of all MSWLF units
must implement a program at the facility for detecting and preventing the
disposal of prohibited wastes. This program must include, at a minimum:
(i) Random inspections of incoming loads
unless the owner or operator takes other steps (for example, instituting source
controls and restricting the type of waste received) to ensure that incoming
loads do not contain prohibited waste;
(ii) Records of any inspections;
(iii) Training of facility personnel to
recognize prohibited wastes; and
(iv) Immediate notification of the department
and the jurisdictional health department if a prohibited waste is discovered at
the facility.
(b) For
purposes of this subsection:
(i) "Prohibited
waste" means a solid waste that is:
(A) A
dangerous waste as defined in WAC
173-303-040 that is not excluded
from regulation as a dangerous waste under WAC
173-303-071 or
173-303-073, or was not generated
by an exempted small quantity generator as defined in WAC
173-303-070;
(B) Polychlorinated biphenyls (PCBs)
regulated under
Title
40 C.F.R. Part 761,
Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution in
Commerce, and Use Prohibition; and
(C) Asbestos not managed in accordance to 40
C.F.R. Part 61.
(ii)
"Random inspection" means:
(A) Discharging a
random waste load onto a suitable surface. A suitable surface must be chosen to
avoid interference with operations so that sorted waste can be distinguished
from other loads of uninspected waste, so as to avoid litter and to contain
runoff;
(B) Viewing the contents
prior to actual disposal of the waste; and
(C) Allowing the facility owner or operator
to return excluded wastes to the hauler, arrange for disposal of excluded
wastes at a facility permitted to manage prohibited waste, or take other
measures to prevent disposal of the excluded wastes at the facility.
(2) Cover
material requirements.
(a) Except as provided
in (b) of this subsection, the owners or operators of all MSWLF units must
cover disposed solid waste with six inches (fifteen centimeters) of earthen
material, i.e., soils, at the end of each operating day, or at more frequent
intervals if necessary, to control disease vectors, fires, odors, blowing
litter, and scavenging.
(b)
Alternative materials of an alternative thickness other than at least six
inches (15 centimeters) of earthen material may be approved by the
jurisdictional health department. 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)
that the alternative material and thickness will not present a threat to human
health or the environment; will not adversely affect gas or leachate
composition or collection; will control disease vectors, fires, odors, blowing
litter, and scavenging; and provide adequate access for heavy
vehicles.
(c) The jurisdictional
health department may grant a temporary waiver not to exceed three months from
the requirement of (a) and (b) of this subsection if the owner or operator
demonstrates that there are extreme seasonal climatic conditions that make
meeting such requirements impractical.
(3) Disease vector control.
(a) Owners or operators of all MSWLF units
must prevent or control on-site populations of disease vectors using techniques
appropriate for the protection of human health and the environment.
(b) For purposes of this subsection, "disease
vectors" means any rodents, flies, mosquitoes, or other animals, including
insects, capable of transmitting disease to humans.
(4) Explosive gases control.
(a) Owners or operators of all MSWLF units
must ensure that:
(i) The concentration of
methane gas generated by the facility does not exceed twenty-five percent of
the lower explosive limit for methane in facility structures (excluding gas
control or recovery system components);
(ii) The concentration of methane gas does
not exceed the lower explosive limit for methane at the facility property
boundary or beyond; and
(iii) The
concentration of methane gases does not exceed one hundred parts per million by
volume of methane in offsite structures.
(b) Owners or operators of all MSWLF units
must control explosive gases and implement a routine methane monitoring program
to ensure that the standards of (a)(i) and (ii) of this subsection are met.
(i) The explosive gas controls and type and
frequency of monitoring must be determined based on the following factors:
(A) Soil conditions;
(B) The hydrogeologic conditions surrounding
the facility;
(C) The hydraulic
conditions surrounding the facility;
(D) The location of facility structures and
property boundaries; and
(E) The
design and operation of the MSWLF unit.
(ii) The minimum frequency of monitoring must
be quarterly.
Note:
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All gas monitoring wells must be constructed and
decommissioned to ensure protection of the groundwater and to prevent
groundwater contamination and follow the requirements of chapter 173-160 WAC,
Minimum standards for construction and maintenance of wells, unless otherwise
approved by the department and the jurisdictional health department.
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(c) If methane gas levels exceeding the
limits specified in subsection (4)(a)(i) or (ii) of this section are detected,
the owner or operator must:
(i) Immediately
take all necessary steps to ensure protection of human health including:
(A) Notifying the jurisdictional health
department;
(B) Where subsection
(4)(a)(ii) of this section is exceeded, monitoring of offsite structures for
compliance with subsection (4)(a)(iii) of this section;
(C) Daily monitoring of methane gas levels
unless otherwise authorized by the jurisdictional health department;
and
(D) Evacuation of buildings
affected by landfill gas must be determined by the jurisdictional health
department and fire department.
(ii) Within seven calendar days of detection,
place in the operating record, the methane gas levels detected and a
description of the steps taken to protect human health; and
(iii) Within sixty days of detection,
implement a remediation plan for the methane gas releases, place a copy of the
plan in the operating record, and notify the jurisdictional health department
that the plan has been implemented. The plan must describe the nature and
extent of the problem and the remedy.
(iv) The jurisdictional health department may
establish alternative schedules for demonstrating compliance with (c)(ii) and
(iii) of this subsection.
(d) For purposes of this subsection, "lower
explosive limit" means the lowest percent by volume of a mixture of explosive
gases in air that will propagate a flame at twenty-five degrees C and
atmospheric pressure.
(5) Air criteria.
(a) Owners or operators of all MSWLF units
must ensure that the units not violate any applicable requirements developed
under the Washington state implementation plan approved or promulgated by the
U.S. Environmental Protection Agency pursuant to Section 110 of the Federal
Clean Air Act, as amended.
(b) Open
burning of solid waste is prohibited at all MSWLF units, except: For the
infrequent burning of agricultural wastes, silvicultural wastes, landclearing
debris, diseased trees or debris from emergency cleanup operations, provided
that such open burning is not inconsistent with policies, regulations, and
permits administered by the jurisdictional air pollution control agency or the
department under the Washington Clean Air Act,
chapter
70.94 RCW. Household waste
must not be open burned.
(6) Access requirements. Owners or operators
of all MSWLF units must control public access and prevent unauthorized
vehicular traffic, illegal dumping of wastes, and controls to keep animals out
by using artificial barriers, natural barriers, or both, as appropriate to
protect human health and the environment. A lockable gate is required at each
entry to the facility.
(7)
Run-on/runoff control systems.
(a) Except as
allowed under WAC
173-351-710, owners or operators
of all MSWLF units must design, construct, and maintain:
(i) A run-on control system to prevent flow
onto the active portion of the landfill during the peak discharge from a
twenty-five year storm;
(ii) A
runoff control system from the active portion of the landfill to collect and
control at least the water volume resulting from a twenty-four hour,
twenty-five year storm.
(b) Runoff from the active portion of the
landfill unit must be handled in accordance with WAC
173-351-200(8).
(8) Surface water requirements.
MSWLF units must not:
(a) Cause a discharge of
pollutants into waters of the state, including wetlands, that violates any
requirements of
chapter
90.48 RCW, Water pollution
control, including, but not limited to, chapter 173-201A WAC, Water quality
standards for surface waters of the state of Washington, chapter 173-220 RCW,
the National pollutant discharge elimination system permit program and chapter
173-216 WAC, State waste discharge permit program.
(b) Cause the discharge of a nonpoint source
of pollution to waters of the state, including wetlands, that violates any
requirement of an area-wide or statewide water quality management plan that has
been approved under Section 208 or 319 of the Federal Clean Water Act, as
amended.
(9) Liquids
restrictions.
(a) Except as allowed under WAC
173-351-710, bulk or
noncontainerized liquid waste may not be placed in MSWLF units unless:
(i) The liquid waste is household waste other
than septic waste; or
(ii) The
liquid waste is leachate or gas condensate derived from the MSWLF unit and:
(A) The MSWLF unit is designed with a
leachate collection system and composite liner as described in WAC
173-351-300(3);
and
(B) The owner or operator has
obtained approval during the permitting process of WAC
173-351-700 or through the permit
modification process of WAC
173-351-720(6)
prior to placing liquid waste in the MSWLF unit.
Note:
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Condensate and leachate are subject to designation to
determine whether either is a dangerous waste under chapter 173-303 WAC.
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(b) Containers holding liquid waste may not
be placed in a MSWLF unit unless:
(i) The
container is a small container similar in size to that normally found in
household waste;
(ii) The container
is designed to hold liquids for use other than storage; or
(iii) The waste is household waste.
(c) For purposes of this
subsection:
(i) "Liquid waste" means any
waste material that is determined to contain "free liquids" as defined by
Method 9095B (Paint Filter Liquids Test), as described in "Test Methods for
Evaluating Solid Wastes, Physical/Chemical Methods," SW-846.
(ii) "Gas condensate" means the liquid
generated as a result of gas recovery processes at the MSWLF unit.
(10) Recordkeeping
requirements.
(a) The owner or operator of a
MSWLF unit must record and retain the required information as it becomes
available. The operating record must be retained at or near the facility in an
operating record or in an alternative location approved by the jurisdictional
health department during the permitting process of WAC
173-351-700 or through the permit
modification process of WAC
173-351-720(6).
The required information includes:
(i) Copies
of all initial, renewal, reissued, and modified permit applications including
all demonstrations, and issued permits;
(ii) Inspection records, training procedures,
and notification procedures required in subsection (1) of this section,
Procedures for excluding the receipt of prohibited waste, and inspection
documents associated with the plan of operation, WAC
173-351-210.
(iii) Gas monitoring results from monitoring
and any remediation plans required by WAC
173-351-200(4);
(iv) Any demonstration, certification,
declaration of construction, finding, monitoring, testing, or analytical data
as required by WAC
173-351-400 (Groundwater
monitoring systems and remedial action);
(v) Major deviations from the plan of
operation required in WAC
173-351-210; and
(vi) Daily records of weights or volumes of
solid waste and, if available, types of waste received at the
facility.
(b) The owner
or operator must notify the jurisdictional health department when the documents
from (a) of this subsection have been placed in or added to the operating
record, unless:
(i) Such documents have been
made a part of a permit application under this regulation;
(ii) Notification occurs under the renewal
application requirements of WAC
173-351-730(3)(b)(iv);
or
(iii) The documents are daily
records of weights or volumes specified in WAC
173-351-200(10)(a)(vi).
(c) The jurisdictional health
department can set alternative schedules during the permitting process of WAC
173-351-700 or through the permit
modification process of WAC
173-351-720(6)
for recordkeeping and notification requirements as specified in (a) and (b) of
this subsection, except for the notification requirements in WAC
173-351-130(2)(b),
the Federal Aviation Administration and in WAC
173-351-440(6)(c),
notification of land owners under assessment monitoring.
(d) All information contained in the
operating record must be furnished upon request to the jurisdictional health
department or be made available at all reasonable times for inspection by the
jurisdictional health department and the department.
(11) Annual reports. Each owner or operator
must prepare and submit a copy of an annual report to the jurisdictional health
department and the department by April 1 of each year. The annual report must:
(a) Include information on facility
activities during the previous year;
(b) Be on forms supplied by the department;
and
(c) Include the following
information:
(i) Facility location;
(ii) Facility contact;
(iii) Operational and/or post-closure
information;
(iv) Permit
status;
(v) Compliance
information;
(vi) Facility capacity
information;
(vii) Information on
groundwater monitoring as required in WAC
173-351-415(1).
(viii) Information on violation of ambient
standards for surface water and explosive gases whose monitoring is required by
chapter 173-351 WAC or performed as part of the permit issued under WAC
173-351-700;
(ix) Financial assurance audit reports in
accordance with WAC
173-351-600 if applicable;
and
(x) Other information as
required.
Statutory Authority:
RCW
70.95.020(3),
70.95.060(1), and
70.95.260(1),
(6). 12-23-009 (Order 07-15), §
173-351-200, filed 11/8/12, effective 12/9/12. Statutory Authority:
Chapter
70.95 RCW and 40 CFR 258.
93-22-016, § 173-351-200, filed 10/26/93, effective
11/26/93.