Washington Administrative Code

(1) Permit application process.(a) Any owner or operator required to obtain a solid waste permit must apply to the jurisdictional health department on forms prescribed by the department. All permit application filings must include two copies of the application. An application may…

(1) Every permit application must be in a format prescribed by the department and must contain at a minimum the following information:(a) Contact information for the facility owner, the facility operator, and property owner if different, including contact name, company name, mail…

When the owner or operator of a solid waste facility permitted under this chapter is subject to remedial action under the authority of chapter 70.105D, Hazardous waste cleanup—Model Toxics Control Act, and chapter 173-340 WAC, Model Toxics Control Act—Cleanup, the roles of the ju…

If any provision of this rule or its application to any covered person, facility, or circumstance is held invalid, the remainder of the rule or application of the provision to other covered persons, facilities, or circumstances is not affected.[Statutory Authority: Chapter 70.95 …

(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…

Unless otherwise noted, all terms contained in this part are defined by their plain meaning. This section contains definitions for terms that appear throughout this regulation; additional definitions appear in the specific sections to which they apply."Active area" means that par…

The owner or operator of a municipal solid waste landfill unit must comply with any other applicable federal, state, and local rules, laws, regulations, or other requirements.Note:Except for 40 C.F.R. Part 258.60(f) and 258.60(g) set forth in WAC 173-351-010 (2)(b)(ii), 40 C.F.R.…

(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,…

(1) Groundwater.(a) Sole source aquifers. New MSWLF units and lateral expansions may not be located over a designated sole source aquifer unless the owner or operator can demonstrate during the permit process of WAC 173-351-700 or through the permit modification process of WAC 17…

(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 incom…

Each owner or operator must develop, keep, and abide by a plan of operation approved as part of the permitting process in WAC 173-351-700 or through the permit modification process of WAC 173-351-720(6). The plan of operation must describe the facilities' operation and must conve…

All owners or operators of MSWLF units must operate the facility so as to:(1) Control road dust;Note:Operators should carefully select dust suppressants approved by the jurisdictional health departments that do not pose a threat to surface or groundwater quality.(2) Collect scatt…

(1) Applicability. New MSWLF units and lateral expansions must be constructed in accordance with the requirements under subsection (2) of this section. Existing MSWLF units are not subject to this section. Waste placement in existing units must be consistent with past operating p…

(1) Applicability.(a) The requirements of WAC 173-351-400 through WAC 173-351-490 apply to MSWLF units whose owners and operators are required to perform groundwater monitoring under chapter 173-351 WAC.(b) Owners and operators of MSWLF units must comply with the groundwater moni…

Groundwater monitoring well placement.The groundwater monitoring system design must meet the following performance criteria:(1) A sufficient number of wells must be installed at appropriate locations and depths to yield representative groundwater samples from those hydrostratigra…

(1) The groundwater monitoring program must include consistent sampling and analysis procedures that are designed to ensure monitoring results that provide an accurate representation of groundwater quality at the background and downgradient wells installed in compliance with WAC …

(1) Each owner or operator must prepare and submit a copy of an annual groundwater report to the jurisdictional health department and the department by April 1st of each year. The groundwater annual report must include completed forms developed by the department and the following…

(1) The owner or operator must calculate and evaluate all of the following statistics for background groundwater quality data:(a) The background mean;(b) The background variance;(c) The standard deviation of the background data;(d) The coefficient of variation of the background d…

(1) Detection monitoring must be conducted at MSWLF units at all groundwater monitoring wells required under WAC 173-351-405. At a minimum, a detection monitoring program must include monitoring for the constituents listed in Appendix I and II of this regulation.(2) Background da…

(1) Assessment monitoring is required whenever a statistically significant increase over background has been detected for one or more of the constituents listed in the Appendix I or in the alternative list approved in accordance with WAC 173-351-450, Alternative groundwater monit…

(1) The owner or operator may propose changes and/or alternate groundwater monitoring programs for detection monitoring after the second year of groundwater monitoring under WAC 173-351-430(3), or the assessment monitoring program of WAC 173-351-440 as follows:(a) An alternate gr…

The jurisdictional health department:(1) May provide input to the department in negotiations, meetings, and correspondence between the potentially liable person(s) and the department in implementing the Model Toxics Control Act, chapter 70.105D RCW;(2) May comment upon and partic…

The department will carry out all the responsibilities assigned to it under the Model Toxics Control Act (MTCA), chapter 70.105D RCW, during the remedial action process.[Statutory Authority: RCW 70.95.020(3), 70.95.060(1), and 70.95.260 (1), (6). WSR 12-23-009 (Order 07-15), § 17…

All groundwater and contaminant fate and transport modeling must meet the following performance standards:(1) The model must have supporting documentation that establishes its ability to represent groundwater flow and contaminant transport and any history of previous applications…

(1) The hydrogeologic report must meet all of the following performance standards as follows:(a) Examine existing site conditions for compliance with groundwater and surface water location restrictions under WAC 173-351-130, 173-351-140, and 173-351-300(7);(b) Determine existing …

(1) Closure criteria.(a) Owners or operators of all MSWLF must install a final cover system that is designed to minimize infiltration and erosion.(i) The final cover system must be designed and constructed to:(A) Have a permeability less than or equal to the permeability of any b…

(1) Applicability and effective date.(a) The requirements of this section apply to owners and operators of all MSWLF units.(b) The requirements of this section are effective on the effective date of this rule.(2) Financial assurance for closure.(a) The owner or operator must have…

(1) WAC 173-351-700 through 173-351-750 are the permitting requirements of chapter 173-351 WAC, Criteria for municipal solid waste landfills. Except as provided in subsection (4) of this section, no owner or operator shall construct, operate, close, or perform post-closure activi…

(1) The jurisdictional health department, with the written concurrence of the department, may issue a research, development, and demonstration permit for a new MSWLF unit, existing MSWLF unit, or lateral expansion, from which the owner or operator proposes to utilize innovative m…

(1) Initial and reissuance procedures.(a) Forms and complete application. An application for a permit under this regulation must be submitted on a form prescribed by the department. In order to be complete:(i) Two or more copies (as determined by the jurisdictional health departm…

(1) Applications for MSWLF permits and level of detail.(a) General requirements for MSWLF permit applications and level of detail.(i) An application for an MSWLF permit to construct, operate, and conduct post-closure activities at a facility must include all applicable informatio…

The jurisdictional health department may issue, reissue, or modify a MSWLF permit to a facility, only if:(1) The application's engineering and hydrogeological data and construction plans and specifications required by this regulation demonstrate that the proposed MSWLF unit or MS…

(1) Mitigation of adverse impacts. The jurisdictional health department may impose conditions in each permit, to assure mitigation of adverse environmental impacts pursuant to SEPA, chapter 43.21C RCW and to ensure compliance with the requirements of this regulation and with othe…

Whenever the jurisdictional health department denies a permit or suspends a permit for a solid waste disposal site, it must, upon request of the application or holder of the permit, grant a hearing on such denial or suspension within thirty days after the request is made. Notice …

APPENDIX IAppendix I - Constituents for Detection MonitoringCOMMON NAME 1CAS RN 2Inorganic Constituents 1)Antimony. . . .(Total)2)Arsenic. . . .(Total)3)Barium. . . .(Total)4)Beryllium. . . .(Total)5)Cadmium. . . .(Total)6)Chromium. . . .(Total)7)Cobalt. . . .(Total)8)Copper. . .…

This chapter is promulgated under the authority of chapter 90.76 RCW and establishes a statewide underground storage tank program that is intended, at a minimum, to meet the legislature's intent to:(1) Address the serious threat to human health and the environment posed by leakin…

The requirements of this chapter apply to all owners and operators of an UST system, except as otherwise provided in this section.(1) Exempt UST systems. The following UST systems are exempt from all of the requirements of this chapter:(a) Any UST system holding hazardous wastes …

This chapter supersedes and preempts any state or local underground storage tank law, ordinance, or resolution governing any aspect of regulation covered by this chapter except:(1) Provisions of the International Fire Code adopted under chapter 19.27 RCW that are not more stringe…

A city, town, or county may adopt ordinances or resolutions establishing requirements for UST systems within an environmentally sensitive area that are more stringent than the statewide requirements of this chapter, if approved by the department under this section. Designation of…

In order to fully implement this chapter, and to protect surface and groundwater resources that may cross jurisdictional boundaries, the department may negotiate and enter into cooperative agreements with Indian tribal governments, adjacent states, and Canadian governmental agenc…

For the purposes of this chapter, the following definitions apply unless the context clearly requires otherwise.(1) "Airport hydrant fuel distribution system" or "airport hydrant system" means an UST system which fuels aircraft and operates under high pressure with large diameter…

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or the application of the provision to other persons or circumstances is not affected.[Statutory Authority: Chapter 90.76 RCW. WSR 18-15-083 (Order 16-…

(1) Requirement for a license. An owner or operator must maintain a license for each tank until the UST system has undergone permanent closure or a change-in-service. Without the prior written authorization of the department, an UST system may not be operated without a license fo…

(1) Payment. Annually, the owner of an UST system must pay the following fees for each tank until the system has undergone permanent closure or a change-in-service:(a) The state tank fee specified by the department under subsection (3) of this section; and(b) Any applicable local…

(1) Requirement for tag. Without the prior written authorization of the department, regulated substance may not be delivered or deposited into an UST system, or withdrawn from a waste oil UST system, at a UST facility without a valid and properly displayed facility compliance tag…

(1) Licensing of UST systems. An owner or operator must apply for and renew licenses for UST systems and provide notice of any change in the owner or operator of an UST system in accordance with WAC 173-360A-0200.(2) Changes to UST systems. Owners and operators must notify the de…

(1) Records. Owners and operators must maintain records of the following in accordance with the applicable requirements of this chapter:(a) Installations of UST systems and UST system components (WAC 173-360A-0300);(b) Assessments of corrosion potential (WAC 173-360A-0310 (3)(c))…

(1) The department's compliance monitoring program, including procedures for inspections and recordkeeping, must be consistent with and no less stringent than the program required by 40 C.F.R. Sec. 281.40, as amended, and section 9005 of the Solid Waste Disposal Act (42 U.S.C. Se…

The department's procedures for sharing information with the U.S. Environmental Protection Agency must be consistent with and no less stringent than those required by 40 C.F.R. Sec. 281.43, as amended.[Statutory Authority: Chapter 90.76 RCW. WSR 18-15-083 (Order 16-02), § 173-360…

(1) Authority. The director of the department of ecology may seek appropriate injunctive or other judicial relief by filing an action in Thurston County superior court or issuing such order as the director deems appropriate to:(a) Enjoin any threatened or continuing violation of …