WAC 173-307-015   Applicability.  (1) The requirements of WAC 173-307-010 through 173-307-140 apply to all hazardous substance users as defined in this chapter and to hazardous waste generators who generate more than two thousand six hundred forty pounds of hazardous waste per year, except for those facilities that are primarily treatment, storage, and disposal facilities or recycling facilities. Used oil to be rerefined or burned for energy or heat recovery may not be used in the calculation of hazardous wastes generated for purposes of this rule, and is not required to be addressed by plans prepared under this rule. For the purposes of this section, neither hazardous waste reported on the dangerous waste annual report as having been either recycled on-site or recycled for beneficial use offsite, nor amounts of hazardous substances introduced into a process and subsequently recycled for beneficial use may be used in the calculation of hazardous waste generated. A facility may petition the director to exclude hazardous wastes recycled for beneficial use even if they were not reported as such on the dangerous waste annual report. Documentation from the hazardous waste handling facility that the hazardous waste was recycled for beneficial use must be submitted along with the petition.

     (2) Except as noted in subsection (3) of this section, each hazardous substance user and hazardous waste generator identified above shall prepare one plan for each facility owned or operated.

     (3) A person with multiple interrelated facilities where a significant majority of the processes are substantially similar, as defined in this chapter, may prepare a single plan covering one or more of those facilities.

     (a) To obtain approval, a person desiring to submit a single plan under this provision shall submit documentation to the director that a significant majority of the processes at the facilities are substantially similar before developing a plan. This documentation must be submitted by May 1 of the year before the plan due date.

     (b) If a single plan is being prepared for two or more interrelated facilities with substantially similar processes, the sum total of the hazardous waste generated and the hazardous substances used by these facilities must be considered when applying any of the thresholds and/or percentages required by this chapter.

     (c) In instances where a person has interrelated facilities without substantially similar processes, a single document may be prepared, but it must contain separate detailed plans for each facility.

     (4) Facilities required by this chapter to prepare plans are also required to pay a hazardous waste fee, as described in chapter 173-305 WAC. The requirements of WAC 173-305-010 through 173-305-050 and 173-305-210 through 173-305-240 specifically apply.



[Statutory Authority: Chapter 70.95C RCW. 00-15-020 (Order 00-08), § 173-307-015, filed 7/11/00, effective 8/11/00; 91-20-131 (Order 91-35), § 173-307-015, filed 10/1/91, effective 11/1/91; 91-08-041 (Order 90-57), § 173-307-015, filed 4/1/91, effective 5/2/91.]