WAC 173-350-990   Criteria for inert waste.  (1) Criteria for inert waste - Applicability. This section provides the criteria for determining if a solid waste is an inert waste. Dangerous wastes regulated under chapter 173-303 WAC, Dangerous waste regulation, PCB wastes regulated under 40 CFR Part 761, Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution in Commerce, and Use Prohibitions, and asbestos-containing waste regulated under federal 40 CFR Part 61 rules are not inert waste. For the purposes of determining if a solid waste meets the criteria for an inert waste a person shall:

     (a) Apply knowledge of the waste in light of the materials or process used and potential chemical, physical, biological, or radiological substances that may be present; or

     (b) Test the waste for those potential substances that may exceed the applicable criteria. A jurisdictional health department may require a person to test a waste to determine if it meets the applicable criteria. Such testing may be required if the jurisdictional health department has reason to believe that a waste does not meet the applicable criteria or has not been adequately characterized. Testing shall be performed in accordance with:

     (i) "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," U.S. EPA Publication SW-846; or

     (ii) Other testing methods approved by the jurisdictional health department.

     (2) Criteria for inert waste - Listed inert wastes. For the purpose of this chapter, the following solid wastes are inert wastes, provided that the waste has not been tainted, through exposure from chemical, physical, biological, or radiological substances, such that it presents a threat to human health or the environment greater than that inherent to the material:

     (a) Cured concrete that has been used for structural and construction purposes, including embedded steel reinforcing and wood, that was produced from mixtures of Portland cement and sand, gravel or other similar materials;

     (b) Asphaltic materials that have been used for structural and construction purposes (e.g., roads, dikes, paving) that were produced from mixtures of petroleum asphalt and sand, gravel or other similar materials. Waste roofing materials are not presumed to be inert;

     (c) Brick and masonry that have been used for structural and construction purposes;

     (d) Ceramic materials produced from fired clay or porcelain;

     (e) Glass, composed primarily of sodium, calcium, silica, boric oxide, magnesium oxide, lithium oxide or aluminum oxide. Glass presumed to be inert includes, but is not limited to, window glass, glass containers, glass fiber, glasses resistant to thermal shock, and glass-ceramics. Glass containing significant concentrations of lead, mercury, or other toxic substance is not presumed to be inert; and

     (f) Stainless steel and aluminum.

     (3) Criteria for inert waste - Inert waste characteristics. This subsection provides the criteria for determining if a solid waste not listed in subsection (2) of this section is an inert waste. Solid wastes meeting the criteria below shall have comparable physical characteristics and comparable or lower level of risk to human health and the environment as those listed in subsection (2) of this section.

     (a) Inert waste shall have physical characteristics that meet the following criteria. Inert waste shall:

     (i) Not be capable of catching fire and burning from contact with flames;

     (ii) Maintain its physical and chemical structure under expected conditions of storage or disposal including resistance to biological and chemical degradation; and

     (iii) Have sufficient structural integrity and strength to prevent settling and unstable situations under expected conditions of storage or disposal.

     (b) Inert waste shall not contain chemical, physical, biological, or radiological substances at concentrations that exceed the following criteria. Inert waste shall not:

     (i) Be capable of producing leachate or emissions that have the potential to negatively impact soil, groundwater, surface water, or air quality;

     (ii) Pose a health threat to humans or other living organisms through direct or indirect exposure; or

     (iii) Result in applicable air quality standards to be exceeded, or pose a threat to human health or the environment under potential conditions during handling, storage, or disposal.



[Statutory Authority: Chapter 70.95 RCW. 03-03-043 (Order 99-24), § 173-350-990, filed 1/10/03, effective 2/10/03.]