Section 173-350-310. Intermediate solid waste handling facilities.

(1) Intermediate solid waste handling facilities - Applicability. This section is applicable to any facility engaged in solid waste handling that provides intermediate storage and/or processing prior to transport for final disposal. This includes, but is not limited to, material recovery facilities, transfer stations, baling and compaction sites, and drop box facilities. This section is not applicable to:

(a) Storage, treatment or recycling of solid waste in piles which are subject to WAC 173-350-320;

(b) Storage or recycling of solid waste in surface impoundments which are subject to WAC 173-350-330;

(c) Composting facilities subject to WAC 173-350-220;

(d) Recycling which is subject to WAC 173-350-210;

(e) Storage of waste tires which is subject to WAC 173-350-350;

(f) Storage of moderate risk waste prior to recycling which is subject to WAC 173-350-360;

(g) Energy recovery or incineration of solid waste which is subject to WAC 173-350-240; and

(h) Drop boxes placed at the point of waste generation which is subject to WAC 173-350-300.

(2) Materials recovery facilities - Permit exemption and notification.

(a) In accordance with RCW 70.95.305, material recovery facilities managed in accordance with the terms and conditions of (b) of this subsection are exempt from solid waste handling permitting. An owner or operator that does not comply with the terms and conditions of (b) of this subsection is required to obtain a permit from the jurisdictional health department as an intermediate solid waste handling facility and shall comply with the requirements of WAC 173-350-310. In addition, violations of the terms and conditions of (b) of this subsection may be subject to the penalty provisions of RCW 70.95.315.

(b) Material recovery facilities shall be managed according to the following terms and conditions to maintain their exempt status:

(i) Meet the performance standards of WAC 173-350-040;

(ii) Accept only source separated recyclable materials and dispose of an incidental and accidental residual not to exceed five percent of the total waste received, by weight per year, or ten percent by weight per load;

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

(iv) Notify the department and jurisdictional health department, thirty days prior to operation, or ninety days from the effective date of the rule for existing facilities, of the intent to operate a material recovery facility in accordance with this section. Notification shall be in writing, and shall include:

(A) Contact information for facility owner or operator;

(B) A general description of the facility; and

(C) A description of the types of recyclable materials managed at the facility;

(v) Prepare and submit 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 facility 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 quantities and types of waste received, recycled and disposed, in tons, for purposes of determining progress towards achieving the goals of waste reduction, waste recycling, and treatment in accordance with RCW 70.95.010(4); and

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

(3) Intermediate solid waste handling facilities - Location standards. There are no specific location standards for intermediate solid waste handling facilities subject to this chapter; however, intermediate solid waste handling facilities must meet the requirements provided under WAC 173-350-040(5).

(4) Intermediate solid waste handling facilities - Design standards. The owner or operator of all intermediate solid waste handling facilities shall prepare engineering reports/plans and specifications to address the following design standards:

(a) Material recovery facilities, transfer stations, baling and compaction sites shall:

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

(ii) Be sturdy and constructed of easily cleanable materials;

(iii) Provide effective means to control rodents, insects, birds and other vectors;

(iv) Provide effective means to control litter;

(v) Provide protection of the tipping floor from wind, rain or snow;

(vi) Provide pollution control measures to protect surface and groundwaters, including runoff collection and discharge designed to handle a twenty-five-year storm as defined in WAC 173-350-100, and equipment cleaning and washdown water;

(vii) Provide pollution control measures to protect air quality; and

(viii) Provide all-weather surfaces for vehicular traffic.

(b) Drop boxes shall be constructed of durable watertight materials with a lid or screen on top that prevents the loss of materials during transport and access by rats and other vectors, and control litter.

(5) Intermediate solid waste handling facilities - Operating standards. The owner or operator of an intermediate solid waste handling facility shall:

(a) Operate the facility to:

(i) For material recovery facilities transfer stations, bailing and compaction sites:

(A) Be protective of human health and the environment;

(B) Prohibit the disposal of dangerous waste and other unacceptable waste;

(C) Control rodents, insects, and other vectors;

(D) Control litter;

(E) Prohibit scavenging;

(F) Prohibit open burning;

(G) Control dust;

(H) For putrescible waste, control nuisance odors;

(I) Provide attendant(s) on-site during hours of operation;

(J) Have a sign 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, what materials the facility does not accept and other necessary information posted at the site entrance; and

(K) Have communication capabilities to immediately summon fire, police, or emergency service personnel in the event of an emergency.

(ii) For drop box facilities:

(A) Be serviced as often as necessary to ensure adequate dumping capacity at all times. Storage of waste outside the drop boxes is prohibited;

(B) Be protective of human health and the environment;

(C) Control rodents, insects, and other vectors;

(D) Control litter;

(E) Prohibit scavenging;

(F) Control dust;

(G) For putrescible waste, control nuisance odors; and

(H) Have a sign 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, what materials the facility does not accept and other necessary information posted at the site entrance;

(b) Inspect and maintain the facility to prevent deterioration or the release of wastes to the environment that could pose a threat to human health. Inspection shall be as needed, but at least weekly, unless an alternate schedule is approved by the jurisdictional health department as part of the permitting process;

(c) Maintain daily operating records on the weights and types of wastes received or removed from the facility. 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 kept for a 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 of each type of solid waste handled by the facility, in tons;

(iv) Destination of waste transported from the facility for processing or disposal; and

(v) 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 solid wastes are to be handled on-site during the facility's life, including maximum facility capacity, methods of adding or removing waste from the facility and equipment used;

(iii) A description of the procedures used to ensure that dangerous waste and other unacceptable waste are not accepted at the facility;

(iv) Safety and emergency plans;

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

(vi) For putrescible wastes, an odor management plan describing the actions to be taken to control nuisance odors;

(vii) The forms used to record volumes or weights; and

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

(6) Intermediate solid waste handling facilities - Groundwater monitoring requirements. There are no specific groundwater monitoring requirements for intermediate solid waste handling facilities subject to this chapter; however, intermediate solid waste handling facilities must meet the requirements provided under WAC 173-350-040(5).

(7) Intermediate solid waste handling facilities - Closure requirements. The owner or operator of an intermediate solid waste handling facility shall:

(a) Notify the jurisdictional health department one hundred eighty days in advance of closure. All waste shall be removed to a facility that conforms with the applicable regulations for handling the waste.

(b) Develop, 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 the methods of removing waste.

(8) Intermediate solid waste handling facilities - Financial assurance. There are no specific financial assurance requirements for intermediate solid waste handling facilities subject to this chapter; however, intermediate solid waste handling facilities must meet the requirements provided under WAC 173-350-040(5).

(9) Intermediate solid waste handling facilities - Permit application contents. The owner or operator of an intermediate solid waste handling facility 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) For material recovery facilities, transfer stations, baling and compaction sites:

(i) Engineering reports/plans and specifications that address the design standards of subsection (4)(a) of this section;

(ii) A plan of operation meeting the applicable requirements of subsection (5) of this section;

(iii) A closure plan meeting the requirements of subsection (7) of this section;

(b) For drop boxes:

(i) Engineering reports/plans and specifications that address the design standards of subsection (4)(b) of this section;

(ii) A plan of operation meeting the applicable requirements of subsection (5) of this section; and

(iii) A closure plan meeting the requirements of subsection (7) of this section.

[Statutory Authority: Chapter 70.95 RCW. WSR 03-03-043 (Order 99-24), § 173-350-310, filed 1/10/03, effective 2/10/03.]

Chapter 70.95 RCW. WSR 03-03-043 (Order 99-24), § 173-350-310, filed 1/10/03, effective 2/10/03.

Rules

173-350-320,173-350-330,173-350-220,173-350-210,173-350-350,173-350-360,173-350-240,173-350-300,173-350-040,173-350-040,173-350-100,173-350-040,173-350-040,173-350-710,173-350-710,173-350-715,