Section 173-350-020. Applicability.

This chapter applies to facilities and activities that manage solid wastes as that term is defined in WAC 173-350-100. This chapter does not apply to the following:

(1) Overburden from mining operations intended for return to the mine;

(2) Wood waste used for ornamental, animal bedding, mulch and plant bedding, or road building purposes;

(3) Wood waste directly resulting from the harvesting of timber left at the point of generation and subject to chapter 76.09 RCW, Forest practices;

(4) Land application of manures and crop residues at agronomic rates;

(5) Agricultural composting when all agricultural wastes are generated, processed, and applied on-farm at agronomic rates in accordance with accepted agricultural practices. This categorical exemption does not apply to producers subject to RCW 70.95.306, composting of bovine and equine carcasses;

(6) Mushroom substrate production when materials that are not solid waste (such as processed chicken manure) are used in the production;

(7) Home composting as defined in WAC 173-350-100;

(8) Single-family residences and single-family farms whose year round occupants engage in solid waste disposal regulated under WAC 173-351-700(4);

(9) Clean soils and clean dredged material as defined in WAC 173-350-100;

(10) Dredged material as defined in 40 C.F.R. 232.2 that is subject to:

(a) The requirements of a permit issued by the U.S. Army Corps of Engineers or an approved state under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344);

(b) The requirements of a permit issued by the U.S. Army Corps of Engineers under section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413); or

(c) In the case of U.S. Army Corps of Engineers civil works projects, the administrative equivalent of the permits referred to in (a) and (b) of this subsection, as provided for in U.S. Army Corps of Engineers regulations, including, for example, 33 C.F.R. 336.1, 336.2, and 337.6;

(11) Biosolids that are managed under chapter 173-308 WAC, Biosolids management;

(12) Domestic septage taken to a sewage treatment plant permitted under chapter 90.48 RCW, Water pollution control;

(13) Liquid wastes, the discharge or potential discharge of which, is regulated under federal, state or local water pollution permits;

(14) Domestic wastewater facilities and industrial wastewater facilities otherwise regulated by federal, state, or local water pollution permits;

(15) Dangerous wastes fully regulated under chapter 70.105 RCW, Hazardous waste management, and chapter 173-303 WAC, Dangerous waste regulations;

(16) Special incinerator ash regulated under chapter 173-306 WAC, Special incinerator ash management standards;

(17) PCB wastes regulated under 40 C.F.R. Part 761, Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution in Commerce, and Use Prohibitions, except for:

(a) PCB household waste; and

(b) PCB bulk product wastes identified in 40 C.F.R. Part 761.62 (b)(1) that are disposed of in limited purpose landfills;

(18) Radioactive wastes, defined by chapter 246-220 WAC, Radiation protection—General provisions, and chapter 246-232 WAC, Radioactive protection—Licensing applicability;

(19) Landfilling of municipal solid waste regulated under chapter 173-351 WAC, Criteria for municipal solid waste landfills;

(20) Drop boxes used solely for collecting recyclable materials;

(21) Intermodal facilities as defined in WAC 173-350-100; and

(22) Solid waste handling facilities that have engaged in closure and closed before the effective date of this chapter.

[Statutory Authority: RCW 70.95.020(3), 70.95.060(1), 70.95.260(6), 70.95.305, 70.95.330. WSR 13-08-016 (Order 10-06), § 173-350-020, filed 3/25/13, effective 4/25/13. Statutory Authority: Chapter 70.95 RCW. WSR 03-03-043 (Order 99-24), § 173-350-020, filed 1/10/03, effective 2/10/03.]

RCW 70.95.020(3), 70.95.060(1), 70.95.260(6), 70.95.305, 70.95.330. WSR 13-08-016 (Order 10-06), § 173-350-020, filed 3/25/13, effective 4/25/13. Statutory Authority: Chapter 70.95 RCW. WSR 03-03-043 (Order 99-24), § 173-350-020, filed 1/10/03, effective 2/10/03.

Rules

173-350-100,173-350-100,173-351-700,173-350-100,173-308,173-303,173-306,246-220,246-232,173-351,