WAC 173-350-360   Moderate risk waste handling.  (1) Moderate risk waste handling - Applicability.

     (a) This section is applicable to:

     (i) Any facility that accepts segregated solid waste categorized as moderate risk waste (MRW), as defined in WAC 173-350-100;

     (ii) Persons transporting MRW using only a bill of lading (MRW that is not shipped using a uniform hazardous waste manifest) who store MRW for more than ten days at a single location; and

     (iii) Mobile systems and collection events.

     (b) This section is not applicable to:

     (i) Persons transporting MRW managed in accordance with the requirements for shipments of manifested dangerous waste under WAC 173-303-240;

     (ii) Universal waste regulated under chapter 173-303 WAC; and

     (iii) Conditionally exempt small quantity generators managing their own wastes in compliance with the performance standards of WAC 173-350-040 and 173-303-070 (8)(b).

     (2) Mobile systems and collection events. In accordance with RCW 70.95.305, the operation of mobile systems and collection events are subject solely to the requirements of (a) through (n) of this subsection and are exempt from solid waste handling permitting. An owner or operator that does not comply with the terms and conditions of this subsection is required to obtain a permit from the jurisdictional health department and shall comply with the applicable requirements for a moderate risk waste handling facility. In addition, violations of the terms and conditions of this subsection may be subject to the penalty provisions of RCW 70.95.315. Owners and operators of mobile systems and collection events shall:

     (a) Notify the department and the jurisdictional health department of the intent to operate a mobile system or collection event at least thirty days prior to commencing operations. The notification shall include a description of the types and quantities of MRW to be handled;

     (b) Manage mobile systems or collection events in compliance with the performance standards of WAC 173-350-040;

     (c) Record the weights or gallons of each type of MRW collected, number of households and conditionally exempt small quantity generators served, and type of final disposition (e.g., reuse, recycled, treatment, energy recovery, or disposal). Records shall be maintained for a period of five years and will be made available to the department or jurisdictional health department on request;

     (d) Ensure that the MRW at a mobile system or collection event is handled in a manner that:

     (i) Prevents a spill or release of hazardous substances to the environment;

     (ii) Prevents exposure of the public to hazardous substances; and

     (iii) Results in delivery to a facility that meets the performance standards of WAC 173-350-040;

     (e) Ensure that incompatible wastes are not allowed to come into contact with each other;

     (f) Ensure that containers holding MRW remain closed except when adding or removing waste in order to prevent a release of MRW through evaporation or spillage if overturned;

     (g) Ensure that containers holding MRW have legible labels and markings that identify the waste type;

     (h) Ensure that containers holding MRW are maintained in good condition (e.g., no severe rusting or apparent structural defects);

     (i) Ensure that personnel are familiar with the chemical nature of the materials and the appropriate mitigating action necessary in the event of fire, leak or spill;

     (j) Control public access and prevent unauthorized entry;

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

     (i) Name of owner or operator, and locations of all collection sites;

     (ii) Calendar year covered by the report;

     (iii) Annual quantity and type of MRW, in pounds or gallons by waste type;

     (iv) Number of households and CESQGs served;

     (v) Type of final disposition (e.g., reuse, recycled, treatment, energy recovery, or disposal); and

     (vi) Any additional information required by written notification of the department;

     (l) Allow inspections by the department or the jurisdictional health department at reasonable times;

     (m) Notify the department and the jurisdictional health department of any failure to comply with the terms and conditions of this subsection within twenty-four hours; and

     (n) Mobile collection systems using truck or trailers with concealed construction, permanently attached to a chassis may require a commercial coach insignia if subject to chapter 296-150C WAC, administered by the department of labor and industries.

     (3) Limited MRW facilities and product take-back centers. In accordance with RCW 70.95.305, the operation of limited MRW facilities is subject solely to the requirements of (a) through (i) of this subsection and is exempt from solid waste handling permitting. Product take-back centers are only subject to (b), (e) and (f) of this subsection. An owner or operator that does not comply with the terms and conditions of this subsection is required to obtain a permit from the jurisdictional health department and shall comply with the applicable requirements for an MRW facility. In addition, violations of the terms and conditions of this subsection may be subject to the penalty provisions of RCW 70.95.315. Owners and operators of limited MRW facilities shall:

     (a) Notify the department and the jurisdictional health department within thirty days prior to operation of the intent to operate a limited MRW facility with a description of the type and quantity of MRW to be handled;

     (b) Ensure waste at a limited MRW facility or product take-back center is handled in a manner that:

     (i) Prevents a spill or release of hazardous substances to the environment;

     (ii) Prevents exposure of the public to hazardous substances; and

     (iii) Results in delivery to a facility that meets the performance standards of WAC 173-350-040;

     (c) Ensure that containers and tanks holding MRW are maintained in good condition (e.g., no severe rusting or apparent structural defects);

     (d) Provide secondary containment for containers and tanks capable of storing fifty-five gallons or more of liquid MRW;

     (e) Ensure the facility meets the performance standards of WAC 173-350-040;

     (f) Notify the department and the jurisdictional health department of any failure to comply with the terms and conditions of this subsection within twenty-four hours of knowledge of an incident;

     (g) Allow inspections by the department and jurisdictional health department at reasonable times;

     (h) Maintain records of the amount and type of MRW received, and the final disposition of the MRW by amount and type; and

     (i) Prepare and submit a copy of an annual report to the jurisdictional health department and the department by April 1st on forms supplied by the department. The annual report shall cover the facility's activities during the previous calendar year and shall include the following information:

     (A) Name and address of the facility;

     (B) Calendar year covered by the report;

     (C) Annual quantity and type of MRW, in pounds or gallons by waste type;

     (D) Number of households and CESQGs served;

     (E) Type of final disposition (e.g., reuse, recycled, treatment, energy recovery, or disposal); and

     (F) Any additional information required by written notification of the department.

     (4) Moderate risk waste facilities - Location standards. There are no specific location standards for moderate risk waste facilities subject to this chapter; however, moderate risk waste facilities must meet the requirements provided under WAC 173-350-040(5).

     (5) Moderate risk waste facilities - Design standards.

     (a) The owner or operator of a moderate risk waste facility shall prepare engineering reports/plans and specifications, including a construction quality assurance plan, to address the following design standards. Each MRW facility shall:

     (i) Be surrounded by a fence, walls, or natural features and provided with a lockable door or gate to control public and animal access;

     (ii) Be constructed of materials that are chemically compatible with the MRW handled;

     (iii) Provide secondary containment to capture and contain releases and spills, and facilitate timely cleanup in areas where MRW is handled. All secondary containment shall:

     (A) Have sufficient capacity to:

     (I) Contain ten percent of volume of all containers or tanks holding liquid or the total volume of the largest container holding liquids in the area, whichever is greater;

     (II) Provide additional capacity to hold the precipitation from a twenty-five-year storm as defined in WAC 173-350-100, in uncovered areas; and

     (III) Provide additional capacity to hold twenty minutes of flow from an automatic fire suppression system, where such a suppression system exists;

     (B) Be segregated for incompatible wastes; and

     (C) Have a base underlying the containers which is free of cracks or gaps and is sufficiently impervious to contain leaks, spills, accumulated precipitation, or fire suppression materials until the collected material is detected and removed. The base shall be sloped or the containment system shall otherwise be designed and operated to drain and remove liquids resulting from leaks, spills, precipitation, or fire suppression unless the containers are elevated or are otherwise protected from contact with accumulated liquids;

     (iv) Be accessible by all-weather roads;

     (v) Prevent run-on and control runoff from a twenty-five-year storm, as defined in WAC 173-350-100;

     (vi) Provide a sign at the site entrance that identifies the facility and shows at least the name of the site, and if applicable, hours during which the site is open for public use, and acceptable materials;

     (vii) Provide sufficient ventilation to remove toxic vapors and dust from the breathing zone of workers and prevent the accumulation of flammable or combustible gases or fumes that could present a threat of fire or explosion;

     (viii) Be constructed with explosion-proof electrical wiring, fixtures, lights, motors, switches and other electrical components as required by local fire code or the department of labor and industries;

     (ix) Provide electrical grounding in areas where flammable and combustible liquids are consolidated to allow for bonding to consolidation equipment; and

     (x) Provide protection of the MRW handling areas from wind, rain or snow.

     (b) The owner or operator of a tank used to store or treat MRW shall prepare engineering reports/plans and specifications, including a construction quality assurance plan, to address the following design standards:

     (i) Tanks and ancillary equipment shall be tested for tightness using a method acceptable to the jurisdictional health department prior to being covered, enclosed or placed in use. If a tank is found not to be tight, all repairs necessary to remedy the leak(s) in the system shall be performed and verified to the satisfaction of the jurisdictional health department prior to the tank being covered or placed in use;

     (ii) Below ground tanks shall be designed to resist buoyant forces in areas of high groundwater and shall either be:

     (A) Retested for tightness at a minimum of once every two years; or

     (B) Equipped with a leak detection system capable of detecting a release from the tank;

     (iii) For tanks or components in which the external shell of a metal tank or any metal component will be in contact with the soil or water, a determination shall be made by a corrosion expert of the type and degree of external corrosion protection that is needed to ensure the integrity of the tank during its operating life. This determination shall be included with design information submitted with the permit application;

     (iv) Areas used to load or unload tanks shall be designed to contain spills, drippage and accidental releases during loading and unloading of vessels;

     (v) Tanks and piping shall be protected from impact by vehicles or equipment through use of curbing, grade separation, bollards or other appropriate means;

     (vi) Tanks shall be structurally suited for the proposed use; and

     (vii) Tanks, valves, fittings and ancillary piping shall be protected from failure caused by freezing.

     (c) Prefabricated structures with concealed construction shall meet the requirements of chapter 296-150F WAC, Factory-built housing and commercial structures, administered by the department of labor and industries.

     (6) Moderate risk waste facilities - Operating standards. The owner or operator of a MRW facility shall:

     (a) Manage MRW handling activities and facilities so that:

     (i) Each storage area is marked with signs to clearly show the type of MRW to be stored in that area;

     (ii) Incompatible MRW and materials shall not be mixed together or allowed to come into contact with each other;

     (iii) MRW shall be compatible with the containment system;

     (iv) Containers or tanks are closed except when adding or removing MRW in order to prevent a release of MRW through evaporation or spillage if overturned;

     (v) All containers or tanks have visible and legible labels or markings that identify the MRW type and are visible for inspection;

     (vi) Containers of MRW shall be stored in a manner that allows for easy access and inspection. Drums containing MRW shall have at least one side with a minimum of thirty inches clear aisle space;

     (vii) Containers holding MRW are maintained in good condition including, but not limited to, no severe rusting or apparent structural defects;

     (viii) Uniform hazardous waste manifests are prepared and used at the point where possession of the MRW is given to a commercial registered dangerous waste transporter for shipments of MRW destined for out-of-state locations. This shall be completed in accordance with WAC 173-303-180;

     (ix) Public access is restricted to areas identified in the plan of operation and unauthorized entry is prevented;

     (x) Communication capabilities are provided to summon fire, police, or emergency service personnel;

     (xi) Flammable or explosive gases do not exceed ten percent of the lower explosive limit in the area where MRW is handled. An explosive gas monitoring program shall be implemented to ensure that this standard is achieved;

     (xii) MRW is delivered to a facility that meets the performance standards of WAC 173-350-040;

     (xiii) Personnel responsible for routine inspections and operations are familiar with the chemical nature of the materials and the appropriate mitigating action necessary in the event of fire, leak or spill; and

     (xiv) The jurisdictional health department and the department are notified of any spills or discharges of MRW to the environment.

     (b) Ensure that routine and annual inspections are conducted as follows:

     (i) Routine inspections shall be conducted at least weekly or once each operating day, whichever is more frequent, unless an alternate schedule is approved by the jurisdictional health department as part of the permitting process. Routine inspections shall be performed for:

     (A) Operating hazards;

     (B) Presence of operable safety equipment;

     (C) Container integrity; and

     (D) General facility condition;

     (ii) Annual inspections shall be conducted to determine the condition of:

     (A) Secondary containment systems including all readily accessible below floor space, sumps, and tanks for deterioration and evidence of containment failure; and

     (B) All ventilation and flammable vapor monitoring systems.

     (c) Maintain daily operating records of the weights or gallons of each type of MRW collected and the number of households and CESQGs served. Facility inspection reports shall be maintained in the operating record, including at least the date and time of the inspection, the name and signature of the inspector, a notation of observations made, and the date and nature of any needed repairs or remedial action. Significant deviations from the plan of operation shall be noted in the operating record. Records shall be kept for a minimum of five years and shall be available for inspection at the request of the jurisdictional health department.

     (d) Prepare and submit a copy of an annual report to the jurisdictional health department and the department by April 1st on forms supplied by the department. The annual report shall detail the facility's activities during the previous calendar year and must include the following information:

     (i) Name and address of the facility and locations of all collection sites;

     (ii) Calendar year covered by the report;

     (iii) Annual quantity and type of MRW, in pounds or gallons;

     (iv) Number of households and CESQGs served;

     (v) Type of final disposition (e.g., reuse, recycled, treatment, energy recovery, or disposal) by type of MRW;

     (vi) Applicable financial assurance reviews and audit findings in accordance with WAC 173-350-600; and

     (vii) Any additional information required by the jurisdictional health department as a condition of the permit.

     (e) Develop, keep and abide by a plan of operation approved as part of the permitting process. The plan shall describe the facility's operation and shall convey to site operating personnel the concept of operation intended by the designer. The plan of operation shall be available for inspection at the request of the jurisdictional health department. If necessary, the plan shall be modified with the approval, or at the direction of the jurisdictional health department. Each plan of operation shall include the following:

     (i) A description of the types of solid wastes to be handled at the facility;

     (ii) A description of how MRW will be handled on-site during the active life of the facility including:

     (A) Methods for managing and/or identifying unknown wastes;

     (B) Procedures for managing wastes that arrive in corroded or leaking containers or when MRW is left at the gate when the facility is unattended;

     (C) Protocol for sorting, processing and packaging MRW;

     (D) Procedures to protect containers of MRW susceptible to damage from weather and temperature extremes;

     (E) Maximum quantities of MRW to be safely stored in each area at any time;

     (F) Waste acceptance protocol to preclude and redirect fully regulated dangerous waste and any unacceptable waste types, such as explosives and/or radioactives; and

     (G) For facilities that offer material exchanges, a procedure for determining what MRW is suitable for exchange and how the materials exchange will be operated;

     (iii) A description of how equipment, structures and other systems are to be inspected and maintained, including the frequency of inspection and inspection logs;

     (iv) Safety and emergency plans including:

     (A) A list of all on-site emergency equipment with its capability, purpose, and training requirements;

     (B) A description of actions to take if leaks in containers, tanks, or containment structures are suspected or detected and for other releases (e.g., failure of runoff containment system, gases generated due to chemical reactions or rapid volatilization);

     (v) The forms used to record weights and volumes; and

     (vi) Other such details to demonstrate that the facility will be operated in accordance with this subsection and as required by the jurisdictional health department.

     (7) Moderate risk waste facilities - Groundwater monitoring requirements. There are no specific groundwater monitoring requirements for MRW facilities subject to this chapter; however, moderate risk waste facilities must meet the requirements provided under WAC 173-350-040(5).

     (8) Moderate risk waste facilities - Closure requirements. The owner or operator of a moderate risk waste facility shall:

     (a) Notify the jurisdictional health department, and where applicable, the financial assurance instrument provider, no later than one hundred eighty days prior to the projected date of the final receipt of MRW, of the intent to implement the closure plan in part or whole. The facility shall close in a manner that:

     (i) Minimizes the need for further maintenance;

     (ii) Removes all MRW and ensures delivery of the MRW to a facility that conforms with the applicable regulations for handling the waste;

     (iii) Decontaminates all areas where MRW has been handled, including, but not limited to, secondary containment, buildings, tanks, equipment, and property; and

     (iv) Prepares the facility for remedial measures after closure, if required.

     (b) Commence closure activities in part or whole within thirty days following the receipt of the final volume of MRW. Waste shall not be accepted for disposal or for use in closure.

     (c) At facility closure completion, in part or whole, submit the following to the jurisdictional health department:

     (i) Certification by the owner or operator, and a professional engineer licensed in the state of Washington that the site has been closed in accordance with the approved closure plan; and

     (ii) A closure report signed by the facility owner or operator and the certifying engineer that describes:

     (A) Actions taken to determine if there has been a release to the environment; and

     (B) The results of all inspections conducted as part of the closure procedure.

     (d) Keep and abide by a closure plan approved by the jurisdictional health department as part of the permitting process. At a minimum, the closure plan shall include:

     (i) A description of the activities and procedures that will be used to ensure compliance with this subsection;

     (ii) An estimate of the maximum volume of MRW on-site at any time during the active life of the facility; and

     (iii) Closure cost estimates and projected fund withdrawal intervals from the financial assurance instrument, if such an instrument is required by subsection (9) of this section.

     (e) The jurisdictional health department shall notify the owner or operator, the department and the financial assurance instrument provider, of the date when the jurisdictional health department has verified that the facility has been closed in accordance with the specifications of the approved closure plan.

     (9) Moderate risk waste facilities - Financial assurance requirements.

     (a) The owner or operator of any fixed moderate risk waste facility that stores more than nine thousand gallons of MRW on-site, excluding used oil, is required to establish financial assurance in accordance with WAC 173-350-600.

     (b) Proof of financial assurance shall be provided to the jurisdictional health department prior to the acceptance of any MRW. The financial assurance instrument shall provide sufficient funds to guarantee that all closure requirements are met. In the event that hazardous substances are released to the environment and site remediation is necessary, additional financial assurance shall be provided in order that site remediation can be accomplished.

     (c) Nothing in this section shall prevent an owner or operator from including the cost of MRW facility financial assurance in an instrument established for a colocated permitted solid waste facility so long as there are adequate funds available for both closure activities and the instrument identifies the commitment of funds for both activities.

     (10) Moderate risk waste facilities - Permit application contents. The owner or operator of a MRW facility shall obtain a solid waste permit from the jurisdictional health department. All applications for permits shall be submitted in accordance with the requirements established in WAC 173-350-710. In addition to the requirements of WAC 173-350-710 and 173-350-715, each application for a permit shall contain:

     (a) Engineering reports/plans and specifications that address the design standards of subsection (5) of this section;

     (b) A plan of operation meeting the requirements of subsection (6) of this section;

     (c) A closure plan meeting the requirements of subsection (8) of this section; and

     (d) Documentation as needed to meet the financial assurance requirements of subsection (9) of this section.

     (11) Moderate risk waste facilities - Construction records. The owner or operator of a moderate risk waste facility shall provide copies of the construction record drawings for engineered facilities at the site and a report documenting facility construction, including the results of observations and testing carried out as part of the construction quality assurance plan, to the jurisdictional health department and the department. Facilities shall not commence operation until the jurisdictional health department has determined that the construction was completed in accordance with the approved engineering report/plans and specifications and has approved the construction documentation in writing.



[Statutory Authority: Chapter 70.95 RCW. 03-03-043 (Order 99-24), § 173-350-360, filed 1/10/03, effective 2/10/03.]