WAC 173-350-410   Inert waste landfills.  (1) Inert waste landfills - Applicability. These standards apply to landfills that receive only inert wastes, as identified pursuant to WAC 173-350-990, including facilities that use inert wastes as a component of fill. In accordance with RCW 70.95.305, facilities with a total capacity of two hundred fifty cubic yards or less of inert wastes are categorically exempt from solid waste handling permitting and other requirements of this section, provided that the inert waste landfill is operated in compliance with the performance standards of WAC 173-350-040. An owner or operator that does not comply with the performance standards of WAC 173-350-040 is required to obtain a permit from the jurisdictional health department, and may be subject to the penalty provisions of RCW 70.95.315.

     (2) Inert waste landfills - Location standards. All inert waste landfills shall be located to meet the following requirements. No inert waste landfill's active area shall be located:

     (a) On an unstable slope;

     (b) Closer than ten feet from the facility property line;

     (c) Closer than one hundred feet to a drinking water supply well; or

     (d) In a channel migration zone as defined in WAC 173-350-100, or within one hundred feet measured horizontally, of a stream, lake, pond, river, or saltwater body, nor in any wetland nor any public land that is being used by a public water system for watershed control for municipal drinking water purposes in accordance with WAC 248-54-660(4).

     (3) Inert waste landfills - Design standards. The owner or operator of an inert waste landfill shall prepare engineering reports/plans and specifications to address the design standards of this subsection. The existing site topography, including the location and approximate thickness and nature of any existing waste, the vertical and horizontal limits of excavation and waste placement, final closure elevation and grades, and the design capacity of each landfill unit, total design capacity, and future use of the facility after closure, shall be included. Inert waste landfills shall be designed and constructed to:

     (a) Ensure that all waste is above the seasonal high level of groundwater. For the purpose of this section, groundwater includes any water-bearing unit which is horizontally and vertically extensive, hydraulically recharged, and volumetrically significant;

     (b) Maintain a stable site; and

     (c) Manage surface water, including run-on prevention and runoff conveyance, storage, and treatment, to protect the waters of the state;

     (4) Inert waste landfills - Operating standards. The owner or operator of an inert waste landfill shall:

     (a) Operate the facility to:

     (i) Control public access and prevent unauthorized vehicular traffic and illegal dumping of wastes;

     (ii) Implement a program at the facility capable of detecting and preventing noninert wastes from being accepted or mixed with inert waste;

     (iii) Handle all inert waste in a manner that is in compliance with the performance standards of WAC 173-350-040;

     (iv) Handle all inert waste in a manner that controls fugitive dust and is protective of waters of the state; and

     (v) Prevent unstable conditions resulting from their activities;

     (b) Inspect and maintain the facility to prevent malfunctions and deterioration, operator errors and discharges that may cause a threat to human health. Inspections shall be as needed, but at least weekly, to ensure meeting operational standards, unless an alternate schedule is approved by the jurisdictional health department as part of the permitting process;

     (c) Maintain daily operating records of the quantities of inert waste disposed. In addition, record and retain information that documents that all wastes landfilled meet the criteria for inert waste. Facility inspection reports shall be maintained in the operating record. Significant deviations from the plan of operation shall be noted in the operating record. Records shall be maintained for minimum of five years and shall be available upon request by 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 shall include the following information:

     (i) Name and address of the facility;

     (ii) Calendar year covered by the report;

     (iii) Annual quantity and type of waste disposed in tons or cubic yards with an estimate of density in pounds per cubic yard; and

     (iv) 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:

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

     (ii) A description of how solid wastes are to be handled on-site during its active life including:

     (A) Acceptance criteria that will be applied to the waste;

     (B) Procedures for ensuring only the waste described will be accepted;

     (C) Procedures for handling unacceptable wastes; and

     (D) Procedures for transporting and routine filling and grading;

     (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;

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

     (vi) Other such details to demonstrate that the facility will meet the requirements of this subsection and as required by the jurisdictional health department.

     (5) Inert waste landfills - Groundwater monitoring standards. There are no specific groundwater monitoring requirements for inert waste landfills subject to this chapter; however, inert waste landfills must meet the requirements provided under WAC 173-350-040(5).

     (6) Inert waste landfills - Closure requirements. The owner or operator of an inert waste landfill shall:

     (a) Notify the jurisdictional health department sixty days in advance of closure of the facility;

     (b) Close the inert waste landfill unit by leveling the wastes to the extent practicable, or as appropriate for the proposed future use, and fill all voids which could pose a physical threat for persons, or which provide disease vector harborages. The inert waste landfills shall be closed in a manner to control fugitive dust and protect the waters of the state; and

     (c) Record maps and a statement of fact concerning the location of the landfill as part of the deed with the county auditor not later than three months after closure.

     (7) Inert waste landfills - Financial assurance requirements. There are no specific financial assurance requirements for inert waste landfills subject to this chapter; however, inert waste landfills must meet the requirements provided under WAC 173-350-040(5).

     (8) Inert waste landfills - Permit application contents. The owner or operator shall obtain a solid waste permit from the jurisdictional health department. All applications for permits shall be submitted in accordance with the procedures 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 (3) of this section;

     (b) A plan of operation that meets the requirements of subsection (4) of this section; and

     (c) Documentation that all owners of property located within one thousand feet of the facility property boundary have been notified that the proposed facility may impact their ability to construct water supply wells, in accordance with chapter 173-160 WAC, Minimum standards for construction and maintenance of wells.



[Statutory Authority: Chapter 70.95 RCW. 03-03-043 (Order 99-24), § 173-350-410, filed 1/10/03, effective 2/10/03.]