WAC 173-350-200   Beneficial use permit exemptions.  (1) Beneficial use permit exemption - Applicability. Any person may apply to the department for exemption from the permitting requirements of this chapter for beneficial use of solid waste. Applications for permit exemptions shall be prepared and submitted in accordance with the requirements of subsections (3) and (4) of this section. Upon the department's approval of an application for permit exemption, all approved beneficial use of solid waste shall be conducted in accordance with the terms and conditions for approval, as well as those general terms and conditions prescribed in subsection (2) of this section.

     (2) Beneficial use permit exemption - General terms and conditions.

     (a) The following general terms and conditions apply to all permit exempt beneficial uses of solid waste. All persons beneficially using solid waste approved for permit exemption in accordance with this section shall:

     (i) Conduct the beneficial use in a manner that does not present a threat to human health or the environment;

     (ii) Ensure that the material is not a dangerous waste regulated under chapter 173-303 WAC, Dangerous waste regulations;

     (iii) Not dilute a waste, or the residual from treatment of a waste, as a substitute for treatment or disposal;

     (iv) Comply with all applicable federal, state, and local rules, regulations, requirements and codes, and local land use requirements;

     (v) Immediately notify the department and the jurisdictional health department of any accidental release(s) of contaminants to the environment;

     (vi) Separate wastes intended for beneficial use from wastes that are destined for disposal, prior to entering the location where the beneficial use will occur;

     (vii) Manage the waste in a manner that controls vector attraction;

     (viii) Ensure that solid waste being stored prior to being beneficially used is managed in accordance with the requirements of all applicable sections of this chapter;

     (ix) Allow the department or the jurisdictional health department, at any reasonable time, to inspect the location where a permit exempt solid waste is stored or used to ensure compliance with applicable terms and conditions of this section; and

     (x) Prepare and submit a copy of an annual report to the department by April 1st on forms supplied by the department. The annual report shall detail the activities of the exemption holder during the previous calendar year and shall include the following information:

     (A) The permit exemption number applicable to the beneficial use activity;

     (B) The name, address, and telephone number of the exemption holder;

     (C) The amount of solid waste beneficially used;

     (D) A certification that the nature of the waste and the operating practices have been in compliance with the terms and conditions of this section and the beneficial use permit exemption during the calendar year; and

     (E) Any additional information that may be specified by the department under the beneficial use permit exemption.

     (b) In addition to the general terms and conditions established in (a) of this subsection, solid wastes applied to the land for agronomic value or soil amending capability under a beneficial use permit exemption shall:

     (i) Meet the metals standards required by the Washington state department of agriculture (WSDA) for registered commercial fertilizers by following the procedures of WAC 16-200-7062 through 16-200-7064, Feeds, fertilizers, and livestock remedies;

     (ii) Be applied at an application rate and in a manner that ensures protection of groundwater and surface water. At a minimum, the application rate shall take into account the concentration of available nutrients and micronutrients in the soil amendment, other solid waste applied to the land, residual nutrients at the application site(s), additional sources of nutrients, pollutant loading rates, soil and waste pH, soil type, crop type and vertical separation from groundwater; and

     (iii) Not be stored at an application site during periods when precipitation or wind will cause migration from the storage area, unless the site is specifically designed to accommodate storage during these periods. The quantity stored at an application site shall not exceed the maximum needed to meet the annual needs of the site based on the approved application rate. When a soil amendment is stored at an application site it shall not contain liquid waste unless the requirements of WAC 173-350-330 are met.

     (c) The department may require a person operating under any exemption issued under this section to meet additional or more stringent requirements for protection of human health and the environment, or to ensure compliance with other applicable regulations:

     (i) At the time the department approves an application for a beneficial use permit exemption; or

     (ii) When new information becomes available that warrants additional protections, but in the opinion of the department does not necessitate revocation of the beneficial use permit exemption.

     (d) The department shall notify in writing the exempted party and all jurisdictional health departments of any additional or more stringent requirements.

     (3) Beneficial use permit exemption - Initial application procedure. Any person(s) interested in obtaining a statewide exemption from solid waste permitting requirements for the beneficial use of a solid waste must demonstrate to the satisfaction of the department that the proposed use does not present a threat to human health and the environment. Applications shall be submitted to the department on a form supplied by the department. All application attachments and other submittals must be on paper no larger than 11 inch x 17 inch. The application shall at a minimum contain the following:

     (a) The name(s), address(es) and phone number(s) of the waste generator(s);

     (b) The name(s), address(es) and phone number(s) of the applicant. If the applicant is a broker or other third party the uniform business identifier number shall also be included;

     (c) A list of all product(s) made by the waste generator(s);

     (d) A list of all feedstocks used to manufacture the product(s);

     (e) A description of the solid waste and the proposed beneficial use;

     (f) A description of how the waste will be transported or distributed for the proposed beneficial use;

     (g) A description of other materials that contribute or potentially contribute contaminants/pollutants to the waste to be beneficially used;

     (h) A schematic and text summary of the waste generator(s) operations, including all points where wastes are generated, treated or stored;

     (i) A description of how terms and conditions of subsection (2)(a) of this section will be met;

     (j) A State Environmental Policy Act checklist;

     (k) If the beneficial use is proposed as a soil amendment, or for other solid wastes beneficially applied to the land, a description of how the terms and conditions of subsection (2)(b) of this section will be met; and

     (l) Any additional information deemed necessary by the department.

     (4) Beneficial use permit exemption - Secondary application procedure. Beneficial use permit exemptions, approved by the department in accordance with the procedures of subsection (5) of this section, are granted solely to the original applicant(s). Any person, other than the original applicant(s), interested in beneficially using solid waste pursuant to the terms and conditions of an existing permit exemption shall apply to the department by following the procedures described in subsection (3) of this section.

     (5) Beneficial use permit exemption - Determination, revocation, and appeals.

     (a) The department shall review every application for completeness. Once an application is determined to be complete, the department shall:

     (i) Notify the applicant that the application has been determined to be complete.

     (ii) Forward a copy of the complete application and supporting documentation to all jurisdictional health departments for review and comment. Within forty-five calendar days, the jurisdictional health departments shall forward their comments and any other information that they deem relevant to the department.

     (iii) The department shall develop and maintain a register of all complete applications it receives for beneficial use exemptions. The register shall include information regarding the proposed beneficial use and process for submitting comments. The department shall maintain a list of interested parties and forward the register to those parties. The department may provide the register and application information in an electronic form upon request by an interested party.

     (b) Once a determination is made by the department that an application is complete and the public review process has begun, any changes to the application or submittal of additional information by the applicant shall result in a withdrawal of the completeness determination by the department and termination of the public review process. The department shall resume review of the amended application in accordance with the procedures of (a) of this subsection.

     (c) After completion of the comment period, the department shall review comments, technical information from agency and other publications, standards published in regulations, and other information deemed relevant by the department to render a decision.

     (d) Every complete application shall be approved or disapproved by the department in writing within ninety days after receipt. Exemptions shall be granted by the department only to those beneficial uses of solid waste that the department determines do not present a threat to human health or the environment.

     (e) Upon approval of the application by the department, the beneficial use of the solid waste by the original applicant is exempt from solid waste handling permitting for use anywhere in the state consistent with the terms and conditions of the approval.

     (f) The department may require a person operating under any exemption covered by this section to apply to the jurisdictional health department for a solid waste handling permit under the applicable section of this chapter if:

     (i) The exemption holder fails to comply with the terms and conditions of this section and the approval; or

     (ii) The department determines that the exemption was obtained by misrepresenting or omitting any information that potentially could have affected the issuance or terms and conditions of an exemption; or

     (iii) New information not previously considered or available as part of the application demonstrates to the department that management of the waste under a beneficial use permit exemption may present a threat to human health or the environment.

     (g) The department shall provide written notification to the exempted party and all jurisdictional health departments of any requirement to apply for a permit under this chapter. A person that is required by the department to apply for permit coverage shall immediately cease beneficial use activities until all necessary solid waste handling permits are issued.

     (h) The terms and conditions of subsection (2)(a)(viii) of this section shall remain in effect until the solid waste handling permit process has been completed.

     (i) Any person that violates the terms and conditions of a beneficial use permit exemption issued under this section may be subject to the civil penalty provisions of RCW 70.95.315.

     (j) Appeals of the department's decision to issue or deny or revoke a beneficial use permit exemption shall be made to the pollution control hearings board by filing with the hearings board a notice of appeal within thirty days of the decision of the department. The board's review of the decision shall be made in accordance with chapter 43.21B RCW, Environmental hearing office -- Pollution control hearings board, and any subsequent appeal of a decision of the board shall be made in accordance with RCW 43.21B.180.

     Persons that may appeal are:

     (i) For waste derived soil amendments any aggrieved party may appeal.

     (ii) For all other beneficial uses of solid waste any jurisdictional health department or the applicant may appeal.

     (6) Beneficial use permit exemption - Solid waste exempt from permitting by rule. Reserved.

Note:

RCW 70.95.300 contains provisions that allow the department to exempt from permitting certain beneficial uses of solid waste by rule. The statute also requires the department to develop an application and approval process by which a person could apply for a beneficial use permit exemption. At this time the department has chosen to limit rule making to development of the required application and approval process, and hold a section in reserve for future development of a list of approved beneficial uses.

[Statutory Authority: Chapter 70.95 RCW. 03-03-043 (Order 99-24), § 173-350-200, filed 1/10/03, effective 2/10/03.]