PERMANENT RULES
Effective Date of Rule: Thirty-one days after filing.
Purpose: Ecology is adopting rule amendments to chapter 173-351 WAC, Criteria for municipal solid waste landfills. In 2004 the Environmental Protection Agency (EPA) amended the federal rule (40 C.F.R. Part 258) to allow municipal solid waste landfills (MSWLF) to obtain research, development and demonstration (RD&D) permits for new and existing landfills and lateral expansions. Ecology is adopting rule language to allow use of innovative or new technologies for run-on control systems, liquid restrictions and final cover requirements. The amended rule will allow facilities, with concurrence from the local health jurisdictions and the state solid waste program, to take advantage of these RD&D permits provided that MSWLF owners/operators demonstrate that compliance with the permit will not increase risk to human health and the environment.
Currently, we have partial approval from EPA for our MSWLF rule. By incorporating the recent RD&D and other federal amendments into chapter 173-351 WAC, we anticipate achieving full approval of our state program from EPA.
Rule changes include:
| • | Adoption of new federal regulations which allow for issuance of RD&D permits. |
| • | Elimination of equivalent and arid liner designs and greater flexibility for alternate liner designs consistent with federal regulations. |
| • | Elimination of arid closure cover design criteria. |
| • | Adoption of new post-closure care period standards, which are based on potential risk to human and environmental receptors. |
| • | Addition of a requirement to file an environmental covenant at closure in accordance with chapter 64.70 RCW, Uniform Environmental Covenants Act. |
| • | Inclusion of prevailing wage law provisions for financial assurance for closure. |
| • | Changing dissolved metals groundwater monitoring parameters to total metals. |
| • | General "housekeeping" issues such as clarification of definitions, formatting changes and ensuring that the rule is consistent with chapter 173-350 WAC, Solid waste handling standards. |
Citation of Existing Rules Affected by this Order: Amending all sections in the chapter except WAC 173-351-120; WAC 173-351-010, 173-351-100, 173-351-130, 173-351-140, 173-351-200, 173-351-210, 173-351-220, 173-351-300, 173-351-400, 173-351-405, 173-351-410, 173-351-415, 173-351-420, 173-351-430, 173-351-440, 173-351-450, 173-351-460, 173-351-465, 173-351-480, 173-351-490, 173-351-500, 173-351-600, 173-351-700, 173-351-720, 173-351-730, 173-351-740, 173-351-750, 173-351-760, and 173-351-990; and new section WAC 173-351-710.
Statutory Authority for Adoption: RCW 70.95.020(3), 70.95.060(1), 70.95.260 (1), (6).
Adopted under notice filed as WSR 12-11-097 on May 21, 2012.
Changes Other than Editing from Proposed to Adopted Version: There are some differences between the proposed rule filed on May 21, 2012, and the adopted version. Ecology made these changes for all or some of the following reasons:
| • | In response to comments we received. |
| • | To ensure clarity and consistency. |
| • | To meet the intent of the authorizing statute. |
1. Multiple locations: Inserted "or through the permit modification process of WAC 173-351-720(5)."
Reason: Comments received requested provisions for making changes to plans, other documents, and permit provisions using a more flexible process. The change made in many locations in the rule allows owners or operators to use the permit modification process to seek changes.
2. WAC 173-351-010: Inserted text under the effective dates.
Reason: Changes were made under groundwater monitoring and post-closure requirements which included specific effective dates.
3. WAC 173-351-100: Changed the definition of "modification."
Reason: Comments received requested provisions for making changes to plans, other documents, and permit provisions using a more flexible process. The change in the definition allows owners or operators to use the permit modification process to seek changes.
4. WAC 173-351-130 (2)(b): Changed requirements for when an owner or operator must notify the Federal Aviation Authority.
Reason: Ecology reviewed 49 U.S.C. § 44718 and the Federal Aviation Administration's Advisory Circular Number 150/5200-33A in response to comments and agrees that the six-mile notification would only apply to new landfill units.
5. WAC 173-351-200 (11)(b)(ix): Revised annual reporting requirements for financial assurance.
Reason: The reporting requirements were made to reflect changes for financial assurance in WAC 173-351-600.
6. WAC 173-351-400: Deleted the note at the end of the section.
Reason: The note required groundwater sampling to be performed by or under the direct supervision of a geologist or other licensed professional. Chapter 18.220 RCW, Geologists, and chapter 308-15 WAC, Geologic licensing services, establish the licensing requirements for persons practicing geology. The law is administered by geologist licensing board at the Washington state department of licensing. Ecology does not want to include provisions that may be in conflict with the jurisdictional agency.
7. WAC 173-351-410(3): Deleted requirements to report groundwater data in printed electronic report form.
Reason: The proposed rule required groundwater data to be reported in multiple forms. Ecology eliminated the requirement to submit groundwater data in both a printed and electronic report form (i.e. spreadsheet) to simplify the process. Ecology will specify that groundwater data be submitted through the department's environmental information management database.
8. WAC 173-351-430(2): Inserted provisions for developing groundwater background data for MSWLF unit transitioning from dissolved metals sampling and analysis to total metals.
Reason: This rule changes the manner in which groundwater samples are sampled and analyzed for metal constituents. Existing landfills have accumulated historical data for dissolved metals for the purpose of establishing background conditions. The change provides a method for existing facilities to establish background concentrations for total metals.
9. WAC 173-351-440(2): Inserted provisions for developing groundwater background data for MSWLF unit transitioning from dissolved metals sampling and analysis to total metals.
Reason: This rule changes the manner in which groundwater is sampled and analyzed for metal constituents. Existing landfills under assessment monitoring have accumulated historical data for dissolved metals for the purpose of establishing background conditions. The change provides a method for existing facilities to establish background concentrations for total metals.
10. WAC 173-351-500 (1)(a)(ii): Changed requirements for alternative final cover system designs.
Reasons: The alternative final cover design, having equivalent performance to the composite layer cover system, specified in the proposed rule was unintentional. Ecology understands that incorporating a geomembrane into the final cover design is not always necessary to prevent excess infiltration or exposure of waste from erosion. The adopted rule provides for alternative final cover designs having equivalent performance to the cover systems specified for arid areas in the earlier version of the rule.
11. WAC 173-351-500 (2)(c): Inserted a one year effective date for updating post-closure plans to incorporate changes to requirements.
Reason: Owners or operators of existing MSWLF units are required to modify their post-closure plans to incorporate new functional stability criteria and environmental covenants. The change provides a one year period to update the plans.
12. WAC 173-351-600 (2)(a)(v), (3)(a)(v), and (4)(a)(iv): Deleted requirement to annually submit findings of reviews performed to determine if cost estimates require adjustment for inflation.
Reasons: In response to comments, ecology deleted the proposed sections, eliminating the requirement to annually submit findings of reviews performed to determine if cost estimates require adjustment for inflation. Owners or operators must still ensure cost estimates, and associated financial assurance mechanisms, are kept current.
13. WAC 173-351-600 (5)(a)(ii): Inserted additional financial assurance mechanisms for municipal corporations.
Reasons: The additional financial assurance mechanisms were added to provide municipal corporations the same options that are available to private companies.
14. WAC 173-351-990 Appendix II: Changed iron and manganese sampling and analysis from total metals to dissolved metals.
Reasons: Iron and manganese are evaluated as geochemical indicator parameters using cation/anion balance calculations. Total metal values would include contributions from particulate matter which would skew dissolved ion values.
A final cost-benefit analysis is available by contacting Michelle Payne, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6129, fax (360) 407-6102, e-mail michelle.payne@ecy.wa.gov.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards: New 1, Amended 9, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 8, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 1, Amended 7, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 29, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 22, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 29, Repealed 0.
Date Adopted: November 7, 2012.
Ted Sturdevant
Director
OTS-4676.5
AMENDATORY SECTION(Amending WSR 93-22-016, filed 10/26/93,
effective 11/26/93)
WAC 173-351-010
Purpose, applicability, and effective
dates.
(1) Purpose. The purpose of this regulation is to
establish minimum statewide standards for all municipal solid
waste landfill (MSWLF) units under the authority of chapter 70.95 RCW as amended in order that jurisdictional health
departments can enact ordinances equally as or more stringent
than this regulation and to have jurisdictional health
departments implement such ordinances through a permit system
set forth in ((Section 700)) WAC 173-351-700. It is also the
purpose of this regulation to implement rule making by the
U.S. Environmental Protection Agency (EPA) under the authority
of subtitle D of the Resource Conservation and Recovery Act
(RCRA), as amended in 1984, and under the authority of Section
405(d) of the Clean Water Act as amended. The Clean Water Act
required EPA "to establish standards for sewage sludge that is
co-disposed with municipal solid waste." EPA satisfied both
statutory requirements with the publication of 40 C.F.R. Part
258-Criteria For Municipal Solid Waste Landfills on October 9,
1991. These minimum statewide criteria ensure the protection
of human health and the environment.
(2) Applicability.
(a) These criteria apply to new MSWLF units, existing
MSWLF units, and lateral expansions, except as otherwise
specifically provided in this regulation((;)). All other
solid waste disposal facilities and practices that are not
regulated under subtitle C of RCRA and chapter 70.105 RCW are
subject to the criteria contained in 40 C.F.R. Part 257,
Criteria For Classification of Solid Waste Disposal
Facilities, chapter 173-350 WAC, and/or chapter 173-304 WAC as
amended.
| Note: | These rules do not apply to facilities that receive only inert (( |
(i) Are also subject to federal closure rules under 40 C.F.R. Part 258.60(a);
(ii) Will be subject to all the requirements of this regulation unless otherwise specified, if such MSWLF units fail to meet the federal closure rules under 40 C.F.R. Part 258.60(a) by April 9, 1994, and the closure standards of chapter 173-304 WAC; except that jurisdictional health departments may grant time extensions to complete closure under 40 C.F.R. Part 258.60(a) by October 9, 1994; and
(iii) Will be subject to the groundwater monitoring and
((corrective)) remedial action requirements of WAC 173-351-400
and the permitting requirements of WAC 173-351-700 if such
MSWLF units are part of a multiunit groundwater monitoring
system of WAC 173-351-450(4).
(3) Effective dates.
(((c))) (a) All MSWLF units that receive waste on or
after ((the effective date of this chapter)) November 26,
1993, must comply with this chapter by ((the effective date of
this chapter)) November 26, 1993, unless:
(i) Later effective dates are specified elsewhere in this
chapter, such as WAC 173-351-400 (1)(b), groundwater
monitoring ((and WAC 173-351-600 (4)(c))), WAC 173-351-430
(2)(b), detection monitoring program, WAC 173-351-440(2),
assessment monitoring, and WAC 173-351-500 (2)(c), closure and
post-closure care; or
(ii) The MSWLF unit is an existing MSWLF unit or an existing lateral expansion of an existing unit that:
(A) Disposed of 100 tons per day or less of solid waste
during a representative period prior to ((the effective date
of this chapter)) November 26, 1993;
(B) Does not dispose of more than an average of 100 tons
per day of solid waste each month between ((the effective date
of this chapter)) November 26, 1993, and April 9, 1994; and
(C) Is not on the National Priorities List (NPL) as found in Appendix B to 40 C.F.R. Part 300.
(((d))) (b) MSWLF units that meet conditions of (((c)))
(a)(ii) of this subsection are exempt from all requirements of
this rule but must meet the final cover requirement specified
in 40 C.F.R. 258.60(a) and the requirements of chapter 173-304 WAC. The final cover must be installed by October 9, 1994. Owners or operators of MSWLF units described in (((c) and
(d))) (a)(ii) of this ((section)) subsection that fail to
complete cover installation by October 9, 1994, will be
subject to all requirements of this chapter, unless otherwise
specified.
(((e))) (c) MSWLF units failing to satisfy these criteria
are considered open dumps for purposes of state solid waste
management planning under RCRA.
(((f))) (d) MSWLF units failing to satisfy these criteria
constitute open dumps, which are prohibited under section 4005
of RCRA.
(((g))) (e) MSWLF units containing sewage sludge and
failing to satisfy these criteria violate Sections 309 and
405(e) of the Federal Clean Water Act.
| Note: | All state codes standards, rules and regulations cited in this chapter are available by writing to the Department of Ecology, P.O. Box 4-7600, Olympia, Washington 98504-7600, or call 1-800-RECYCLE for the location of the nearest regional office of the department. |
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-010, filed 10/26/93, effective 11/26/93.]
"Active area" means that part of a facility that includes the active portion and portions of a facility that recycle, store, treat, or dispose of solid (including liquid) wastes. The active area includes leachate treatment facilities and runoff ponds. It excludes run-on ponds and on-site roads which are used for any purpose; on-site roads are considered part of the buffer zone. See active portion and buffer zone definition below.
"Active life" means the period ((of operation)) beginning
with the initial receipt of solid waste and ending at
completion of closure activities in accordance with WAC 173-351-500(1), Closure ((and post-closure care)) criteria.
"Active portion" means that part of a facility or MSWLF
unit that has received or is receiving wastes and that has not
been closed in accordance with WAC 173-351-500(1), Closure
((and post-closure care)) criteria.
"Airport((.))" means public-use airport open to the
public without prior permission and without restrictions
within the physical capacities of available facilities. See
WAC 173-351-130 (2)(d)(i).
"Areas susceptible to mass movement((.))" means those
areas of influence (i.e., areas characterized as having an
active or substantial possibility of mass movement) where the
movement of earth material at, beneath, or adjacent to the
MSWLF unit, because of natural or human-induced events,
results in the downslope transport of soil and rock material
by means of gravitational influence. Areas of mass movement
include, but are not limited to, landslides, avalanches,
debris slides and flows, soil fluction, block sliding, and
rock fall. See WAC 173-351-130 (7)(b)(iv).
(("Arid" means locations in the state of Washington
having less than twelve inches (30 centimeters) of
precipitation annually.))
"Biosolids" means municipal sewage sludge that is a primarily organic, semisolid product resulting from the wastewater treatment process, that can be beneficially recycled and meets all requirements under chapter 70.95J RCW. Biosolids includes septic tank sludge, also known as septage, that can be beneficially recycled and meets all requirements of chapter 70.95J RCW.
"Bird hazard((.))" means an increase in the likelihood of
bird/aircraft collisions that may cause damage to the aircraft
or injury to its occupants. See WAC 173-351-130 (2)(d)(ii).
"Buffer zone" means that part of a facility which lies between the active area and the property boundary.
"Channel migration zone" means the lateral extent of likely movement of a stream or river channel along a stream reach.
"Cleanup action plan" means the document that selects the cleanup action and specifies cleanup standards and other requirements for the cleanup action. These include:
• A final cleanup action plan issued by the department (or a record of decision prepared under the federal cleanup law) meeting the requirements of WAC 173-340-380;
• Cleanup action plans developed by the owner or operator of a MSWLF unit in accordance with the procedures in WAC 173-340-350 through 173-340-390 for independent remedial actions; and
• Plans developed for interim actions conducted under WAC 173-340-430.
"Closure" means those actions taken by the owner or operator of a MSWLF unit or facility to cease disposal operations and to ensure that a MSWLF unit or facility is closed in conformance with applicable regulations at the time of such closures and to prepare the site for the post-closure period. Closure is considered part of operation. See definition of operation.
"Commercial solid waste" means all types of solid waste generated by stores, offices, restaurants, warehouses, and other nonmanufacturing activities, excluding residential and industrial wastes.
"Composite layer." See WAC 173-351-500 (1)(a)(i)(B).
"Composite liner." See WAC 173-351-300 (((2)(a)(ii)))
(3).
"Construction quality assurance" means a planned system of activities that provide assurance that a facility is constructed as specified in the design and that the materials used in construction are manufactured according to specifications. Construction quality assurance includes inspections, verifications, audits, and evaluations of materials and workmanship necessary to determine and document the quality of the constructed facility.
"Construction quality control" means a planned system of activities that is used to directly monitor and control the quality of a construction project. Construction quality controls are the measures under taken by the contractor or installer to determine compliance with requirements for workmanship and materials put forth in the plans and specification for the construction project.
(("Contaminate" means to allow to discharge a substance
into groundwater that would cause:
The concentration of that substance in the groundwater to exceed the maximum contamination level specified in chapter 173-200 WAC; or
A statistically significant increase in the concentration of that substance in the groundwater where the existing concentration of that substance exceeds the maximum contaminant level specified in chapter 173-200 WAC; or
A statistically significant increase above background in the concentration of a substance which:
Is not specified in chapter 173-200 WAC; and
Is present in the solid waste; and
Has been determined to present a substantial risk to human health or the environment in the concentrations found at the point of compliance by the jurisdictional health department in consultation with the department and the department of health.
"Dangerous wastes" means any solid waste designated as dangerous waste under chapter 173-303 WAC, the Dangerous waste regulations.
"Demolition waste" means solid waste, largely inert waste resulting from the demolition or razing of buildings, roads and other man-made structures.)) "Contaminant" means any chemical, physical, biological, or radiological substance that does not occur naturally in the environment or that occurs at concentrations greater than natural background levels.
"Contaminated" or "contamination" means the alteration of the physical, chemical, biological, or radiological properties of soil or waters of the state such that the soil or water could pose a threat to human health or the environment or the alteration is a violation of any applicable environmental regulation.
"Demonstration" means a showing by the owner or operator that human health and the environment can be protected as equally as a given requirement in the regulation. A demonstration is made in the application for a permit under WAC 173-351-700 or through the permit modification process of WAC 173-351-720(6). A successful demonstration allows or authorizes an activity authorized for the life of the facility unless an alternative time period is approved by the jurisdictional health department.
"Department" means the department of ecology.
"Disease vectors((.))" means any rodents, flies,
mosquitoes, or other animals, including insects, capable of
transmitting disease to humans. See WAC 173-351-200 (3)(b).
"Displacement((.))" means the relative movement of any
two sides of a fault measured in any direction. See WAC 173-351-130 (5)(b)(ii).
"Disposal" or "deposition" means the discharge, deposit, injection, dumping, leaking, or placing of any solid waste into or on any land or water.
"Establish" means to construct a new or laterally expanded MSWLF unit.
"Existing MSWLF unit" means any municipal solid waste
landfill unit that is receiving solid waste as of the
appropriate dates specified in WAC 173-351-010 (((2)(c)))
(3)(a). Waste placement in existing units must be consistent
with past operating practices or modified practices to ensure
good waste management practices, including operating plans
approved under chapter 173-304 WAC. ((For the purposes of
this rule, any existing horizontal expansion approved by the
jurisdictional health department for which as-built plans
documenting construction prior to the effective date of this
chapter, have been prepared and submitted to the
jurisdictional health department shall be considered an
existing MSWLF unit.))
"Fault((.))" means a fracture or a zone of fractures in
any material along which strata on one side have been
displaced with respect to that on the other side. See WAC 173-351-130 (5)(b)(i).
"Facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for the disposal of solid waste.
"Flood plain((.))" means the lowland and relatively flat
areas adjoining inland and coastal waters, including
flood-prone areas of offshore islands, that are inundated by
the 100-year flood. See WAC 173-351-130 (3)(b)(i).
"Free liquids((.))" means any portion of material passing
through and dropping from a filter as determined by Method
9095B (Paint Filter Liquids Test), in "Test Methods for
Evaluating Solid Wastes, Physical/Chemical Methods," SW-846.
See WAC 173-351-200(9).
"Gas condensate((.))" means the liquid generated as a
result of gas recovery processes at the MSWLF unit. See WAC 173-351-200 (9)(c)(ii).
"Groundwater" means water below the land surface in a zone of saturation.
"Holocene((.))" means the most recent epoch of the
Quaternary period, extending from the end of the Pleistocene
Epoch to the present. See WAC 173-351-130 (5)(b)(iii).
"Household waste" means any solid waste (including garbage, trash, and sanitary waste in septic tanks) derived from households (including household hazardous waste) (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas). This term does not include commercial, industrial, inert and demolition waste, or wood waste.
| Note: | Sanitary waste in septic tanks that is not disposed of in a MSWLF unit is subject to other state and federal rules. |
| Note: | 'Hydraulically connected' denotes water-bearing units which can transmit water to other transmissive units. |
"Industrial solid wastes" means solid waste or waste by-products generated by manufacturing or industrial processes such as scraps, trimmings, packing, pallets, and other discarded materials not otherwise designated as dangerous waste under chapter 173-303 WAC, the Dangerous waste regulations. This term does not include commercial, inert, demolition, construction, woodwaste, mining waste, or oil and gas waste but does include lunch room, office, or other similar waste generated by employees at the industrial facility.
"Jurisdictional health department" means city, county, city-county, or district public health department as defined in chapters 70.05, 70.08, and 70.46 RCW.
"Landfill." See "Facility."
"Lateral expansion" means a horizontal expansion of the waste boundaries of an existing MSWLF unit that is not an existing horizontal expansion. (See also definition of "existing MSWLF unit.")
"Leachate" means a liquid that has passed through or emerged from solid waste and contains soluble, suspended, or miscible materials removed from such waste.
"Lithified earth material((.))" means all rock, including
all naturally occurring and naturally formed aggregates or
masses of minerals or small particles of older rock that
formed by crystallization of magma or by induration of loose
sediments. This term does not include man-made materials,
such as fill, concrete, and asphalt, or unconsolidated earth
materials, soil, or regolith lying at or near the earth
surface. See WAC 173-351-200 (6)(b)(iii).
"Liquid waste((.))" means any waste material that is
determined to contain "free liquids" as defined by Method
9095B (Paint Filter Liquids Test), as described in "Test
Methods for Evaluating Solid Wastes, Physical/Chemical
Methods," SW-846. See WAC 173-351-200 (9)(c)(i).
"Lower explosive limit((.))" means the lowest percent by
volume of a mixture of explosive gases in air that will
propagate a flame at twenty-five degrees C and atmospheric
pressure. See WAC 173-351-200 (4)(d).
"Maximum horizontal acceleration in lithified earth
material((.))" means the maximum expected horizontal
acceleration depicted on a seismic hazard map, with a ninety
percent or greater probability that the acceleration will not
be exceeded in two hundred fifty years, or the maximum
expected horizontal acceleration based on a site-specific
seismic risk assessment. See WAC 173-351-200 (6)(b)(ii).
"Modification" means a substantial change in the design
or operational plans including removal of a design element of
a MSWLF unit previously set forth in a permit application or a
disposal or processing activity that is not approved in the
permit. To be considered a substantial change, a modification
must be reasonably related to a specific requirement of this
rule. A substantial change includes any change in the design,
operation, closure, post-closure, financial assurance,
environmental monitoring or other aspect of an MSWLF unit that
is reasonably related to a specific requirement of this rule
and was not previously set forth in a permit application or
approved in the permit. Lateral expansions, a fifty percent
increase or greater in design volume capacity or changes
resulting in significant adverse environmental impacts that
have ((lead)) led a responsible official to issue a
declaration of significance under WAC 197-11-736 ((shall)) are
not ((be)) considered a modification but ((would)) require
permit reissuance under these rules.
"Municipal sewage sludge" means a semisolid substance
consisting of settled sewage solids combined with varying
amounts of water and dissolved materials generated from a
publicly owned wastewater treatment plant. For the purposes
of this rule sewage sludge generated from publicly owned
leachate waste treatment works that receive sewage from
on-site sanitary facilities ((shall)) are not ((be considered
to be)) municipal sewage sludge.
"Municipal solid waste landfill unit (MSWLF unit)" means
a discrete area of land or an excavation that receives
household waste, and that is not a land application ((unit))
site, surface impoundment, injection well, or ((waste)) pile,
as those terms are defined under chapter ((173-304)) 173-350
WAC, ((the Minimum functional standards for)) Solid waste
handling standards or chapter 173-218 WAC, Underground
injection control program. A MSWLF unit also may receive
other types of RCRA subtitle D wastes, such as commercial
solid waste, nonhazardous sludge, conditionally-exempt small
quantity generator waste, and industrial solid waste. Such a
landfill may be publicly or privately owned. A MSWLF unit may
be a new MSWLF unit, an existing MSWLF unit, or a lateral
expansion.
"Natural background" means the concentration of chemical, physical, biological, or radiological substances consistently present in the environment that has not been influenced by regional or localized human activities. Metals at concentrations naturally occurring in bedrock, sediments and soils due solely to the geologic processes that formed the materials are natural background. In addition, low concentrations of other persistent substances due solely to the global use or formation of these substances are natural background.
"New MSWLF unit" means any municipal solid waste landfill
unit that has not received waste prior to ((the effective date
of this regulation.
"Nonarid" means locations in the state of Washington having equal to or more than twelve inches (30 centimeters) of precipitation annually)) November 26, 1993.
"Nuisance" means unlawfully doing an act, or omitting to perform a duty, which act or omission either annoys, injures, or endangers the comfort, repose, health or safety of others, offends decency, or unlawfully interferes with, obstructs or tends to obstruct, any lake or navigable river, bay, stream, canal, or basin, or any public park, square, street or highway; or in any way renders other persons insecure in life, or in the use of property.
"100-year flood((.))" or "base flood" means a flood that
has a one percent or less chance of recurring in any given
year or a flood of a magnitude equaled or exceeded once in one
hundred years on the average over a significantly long period.
See WAC 173-351-130 (3)(b)(ii).
"Open burning" means the combustion of solid waste without:
Control of combustion air to maintain adequate temperature for efficient combustion;
Containment of the combustion reaction in an enclosed device so as to provide sufficient residence time and mixing for complete combustion; and
Control of the emission of the combustion products.
"Operator" means the person(s) responsible for the overall operation of a facility or part of a facility.
"Operation" means those actions taken by an owner or operator of a facility or MSWLF unit beginning with waste acceptance at a facility or MSWLF unit up to and including closure of the facility or MSWLF unit.
"Owner" means the person(s) who owns a facility or part of a facility.
"Point of compliance." ((means the point located on land
owned by the owner of the MSWLF unit, and is no more than one
hundred fifty meters (four hundred ninety-two feet) from the
waste management unit boundary; see also WAC 173-351-300
(2)(c).)) See WAC 173-351-300(6).
"Poor foundation conditions((.))" means those areas where
features exist which indicate that a natural or man-induced
event may result in inadequate foundation support for the
structural components of a MSWLF unit. See WAC 173-351-130
(7)(b)(ii).
"Post-closure" means those actions taken by an owner or operator of a facility or MSWLF unit after closure.
"Purchase" means execution of a long term lease, securing of options to purchase or execution of agreements to purchase.
(("Qualified ground-water scientist." See WAC 173-351-400(2).))
"Random inspection." See WAC 173-351-200 (1)(b)(ii).
"Regulated dangerous waste((.))" means a solid waste that
is a dangerous waste as defined in WAC 173-303-040 that is not
excluded from regulation as a dangerous waste under WAC 173-303-071 or 173-303-073, or was not generated by an
exempted small quantity generator as defined in WAC 173-303-070. See WAC 173-351-200 (1)(b)(i).
"Runoff" means any rainwater, leachate, or other liquid that drains over land from any part of a facility.
"Run-on" means any rainwater, leachate, or other liquid that drains over land onto any part of a facility.
"Saturated zone" means that part of the earth's crust in which all voids are filled with water.
"Scavenging" means the removal of materials at a disposal facility, or intermediate solid waste-handling facility, without the approval of the owner or operator and the jurisdictional health department.
"Seismic impact zone((.))" means an area with a ten
percent or greater probability that the maximum horizontal
acceleration in lithified earth material, expressed as a
percentage of the earth's gravitational pull, will exceed
0.10g in two hundred fifty years. See WAC 173-351-130
(6)(b)(i).
"Sewage sludge" means a semisolid substance consisting of settled sewage solids combined with varying amounts of water and dissolved materials generated from a wastewater treatment system, that does not meet the requirements of chapter 70.95J RCW.
"Sludge" means any solid, semisolid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.
"Sole source aquifer((.))" means an aquifer designated by
the Environmental Protection Agency pursuant to Section 1424e
of the Safe Drinking Water Act (PL 93-523). See WAC 173-351-140 (1)(b)(vii).
"Solid waste" means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to garbage, rubbish, ashes, industrial wastes, commercial waste, swill, sewage sludge, demolition and construction wastes, abandoned vehicles or parts thereof, discarded commodities and recyclable materials.
"Structural components((.))" means liners, leachate
collection systems, final covers, run-on/runoff systems, and
any other component used in the construction and operation of
the MSWLF that is necessary for protection of human health and
the environment. See WAC 173-351-130 (7)(b)(ii).
"Unstable area((.))" means a location that is susceptible
to natural or human-induced events or forces capable of
impairing the integrity of some or all of the landfill
structural components responsible for preventing releases from
a landfill. Unstable areas can include poor foundation
conditions, and areas susceptible to mass movements. See WAC 173-351-130 (7)(b)(i).
"Vadose zone" means that portion of a geologic formation in which soil pores contain some water, the pressure of that water is less than atmospheric, and the formation occurs above the zone of saturation.
"Vulnerability((.))" means the propensity or likelihood
of a sole source aquifer to become contaminated should the
integrity of the engineering control (including liners) fail;
it is a measure of the propensity to deteriorate the water
quality of a sole source aquifer, and takes into account an
assessment of the physical barriers, the physical movement of
contaminants, the hydraulic properties of the subsurface
lithology; the rate of a contaminant plume movement; the
physical and chemical characteristics of contaminants; and it
also includes an assessment of the likelihood and ease for
contaminant removal or cleanup, or the arrest of
contamination, so as to not impact any further portion of the
designated sole source aquifer. See WAC 173-351-140 (1)(b).
"Waste management unit" means a MSWLF unit.
"Waste management unit boundary" means a vertical surface located at the hydraulically down gradient limit of the unit. This vertical surface extends down into the hydrostratigraphic unit(s) identified in the hydrogeologic report.
"Waters of the state" means lakes, rivers, ponds,
streams, inland waters, ((undergroundwaters)) underground
waters, salt water, and all other surface waters and
watercourses within the jurisdiction of the state of
Washington.
"Wetlands((.))" means those areas that are defined in 40
C.F.R. 232.2(r): Areas that are inundated or saturated by
surface or groundwater at a frequency and duration sufficient
to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands include, but are not
limited to, swamps, marshes, bogs, and similar areas. See WAC 173-351-130 (4)(b).
(("Woodwaste" means solid waste consisting of wood pieces
or particles generated as a by-product or waste from the
manufacturing of wood products, handling and storage of raw
materials and trees and stumps.))
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-100, filed 10/26/93, effective 11/26/93.]
(a) On and after ((the effective date of this chapter))
November 26, 1993, all MSWLF units ((shall)) must meet the
((locational)) location restrictions of this section unless
otherwise specified.
(b) Existing MSWLF units that cannot make the demonstration specified in subsection (2)(a) of this section, pertaining to airports, subsection (3)(a) of this section, pertaining to flood plains, subsection (7)(a) of this section, pertaining to unstable areas, must close by October 9, 1996, and conduct post-closure in accordance with WAC 173-351-500, Closure and post-closure care.
(c) The deadline for closure required by (b) of this subsection may be extended up to two years if the owner or operator demonstrates to the jurisdictional health department during the permitting process of WAC 173-351-700 that:
(i) There is no available alternative disposal capacity; and
(ii) There is no immediate threat to human health and the environment.
| Note: | Owners or operators of MSWLFs should be aware that the state department of health has adopted a state
wellhead protection program in accordance with section 1428 of the Safe Drinking Water Act. Owners and
operators should also be aware of (( |
(a) Owners or operators of new MSWLF units, existing MSWLF units, and/or lateral expansions that are located within ten thousand feet (three thousand forty-eight meters) of any airport runway end used by turbojet aircraft or within five thousand feet (one thousand twenty-four meters) of any airport runway end used by only piston-type aircraft must demonstrate that the units are designed and operated so that the MSWLF unit does not pose a bird hazard to aircraft.
(b) Owners or operators proposing to site new MSWLF units
((and/)) within a six-mile (ten kilometer) radius or lateral
expansions within a five-mile (eight kilometer) radius of any
airport runway end used by turbojet or piston-type aircraft
must notify the effected airport and the Federal Aviation
Administration (FAA) and conform to all applicable
requirements.
(c) The owner or operator must place the demonstration
required by (a) of this subsection in the application for a
permit under WAC 173-351-700 ((and be issued a solid waste
permit by the jurisdictional health department)) or through
the permit modification process of WAC 173-351-720(6).
(d) For purposes of this subsection:
(i) "Airport" means public-use airport open to the public without prior permission and without restrictions within the physical capacities of available facilities.
(ii) "Bird hazard" means an increase in the likelihood of bird/aircraft collisions that may cause damage to the aircraft or injury to its occupants.
(3) Flood plains.
(a) Owners or operators of new MSWLF units, existing
MSWLF units, and lateral expansions located in 100-year flood
plains must demonstrate that the unit will not restrict the
flow of the 100-year flood, reduce the temporary water storage
capacity of the flood plain, or result in washout of solid
waste so as to pose a hazard to human health and the
environment. The owner or operator must place the
demonstration in the application for a permit under WAC 173-351-700 ((and be issued a solid waste permit by the
jurisdictional health department)) or through the permit
modification process of WAC 173-351-720(6).
(b) For purposes of this subsection:
(i) "Flood plain" means the lowland and relatively flat areas adjoining inland and coastal waters, including flood-prone areas of offshore islands, that are inundated by the 100-year flood.
(ii) "100-year flood" or "base flood" means a flood that
has a ((one-percent)) one percent or less chance of recurring
in any given year or a flood of a magnitude ((equalled))
equaled or exceeded once in one hundred years on the average
over a significantly long period.
(iii) "Washout" means the carrying away of solid waste by waters of the base flood.
(4) Wetlands.
(a) New MSWLF units and lateral expansions ((shall)) must
not be located in wetlands, unless the owner or operator can
make the following demonstrations during the permit process of
WAC 173-351-700 or through the permit modification process of
WAC 173-351-720(6):
(i) The construction and operation of the MSWLF unit will not:
(A) Cause or contribute to violations of chapter 173-201A WAC, Water quality standards for surface waters of the state of Washington and chapter 173-200 WAC, Water quality standards for groundwaters of the state of Washington;
(B) Violate any applicable toxic effluent standard or prohibition under Section 307 of the Federal Clean Water Act or chapter 173-220 WAC, the National Pollutant discharge elimination system permit program;
(C) Jeopardize the continued existence of endangered or threatened species or result in the destruction or adverse modification of a critical habitat, protected under the Federal Endangered Species Act of 1973; and
(D) Violate any requirement under the Federal Marine Protection, Research, and Sanctuaries Act of 1972 for the protection of a marine sanctuary;
(ii) The MSWLF unit will not cause or contribute to significant degradation of wetlands. The owner or operator must demonstrate during the permit process of WAC 173-351-700 or through the permit modification process of WAC 173-351-720(6) the integrity of the MSWLF unit and its ability to protect ecological resources by addressing the following factors:
(A) Erosion, stability, and migration potential of native
wetland soils, ((muds)) mud, and deposits used to support the
MSWLF unit;
(B) Erosion, stability, and migration potential of dredged and fill materials used to support the MSWLF unit;
(C) The volume and chemical nature of the waste managed in the MSWLF unit;
(D) Impacts on fish, wildlife, and other aquatic resources and their habitat from release of the solid waste;
(E) The potential effects of catastrophic release of solid waste to the wetland and the resulting impacts on the environment; and
(F) Any additional factors, as necessary, to demonstrate during the permit process of WAC 173-351-700 or through the permit modification process of WAC 173-351-720(6) that ecological resources in the wetland are sufficiently protected.
(iii) Where applicable under Section 404 of the Federal Clean Water Act or applicable state wetlands laws and regulations (e.g. chapter 173-22 WAC, Adoption of designations of wetlands associated with shorelines of the state), the presumption that a practicable alternative to the proposed landfill is available which does not involve wetlands is clearly rebutted;
(iv) To the extent required under Section 404 of the Federal Clean Water Act steps have been taken to attempt to achieve no net loss of wetlands (as defined by acreage and function) by:
(A) Avoiding impacts to wetlands to the maximum extent practicable as required by (a)(iii) of this subsection;
(B) Minimizing unavoidable impacts to the maximum extent practicable; and
(C) Finally offsetting remaining unavoidable wetlands impacts through all appropriate and practicable compensatory mitigation actions (e.g., restoration and maintenance of existing degraded wetlands or creation of man-made wetlands);
(v) Sufficient information is available to make a reasonable determination with respect to these demonstrations.
(b) For purposes of this subsection, "wetlands" means those areas that are defined in 40 C.F.R. 232.2(r): Areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands include, but are not limited to, swamps, marshes, bogs, and similar areas.
(5) Fault areas.
(a) New MSWLF units and lateral expansions ((shall)) must
not be located within two hundred feet (sixty meters) of a
fault that has had displacement in Holocene time unless the
owner or operator demonstrates during the permit process of
WAC 173-351-700 or through the permit modification process of
WAC 173-351-720(6) that an alternative setback distance of
less than two hundred feet (sixty meters) will prevent damage
to the structural integrity of the MSWLF unit and will be
protective of human health and the environment.
(b) For the purposes of this subsection:
(i) "Fault" means a fracture or a zone of fractures in any material along which strata on one side have been displaced with respect to that on the other side.
(ii) "Displacement" means the relative movement of any two sides of a fault measured in any direction.
(iii) "Holocene" means the most recent epoch of the Quaternary period, extending from the end of the Pleistocene Epoch to the present.
(6) Seismic impact zones.
(a) New MSWLF units and lateral expansions ((shall)) must
not be located in seismic impact zones, unless the owner or
operator demonstrates during the permit process of WAC 173-351-700 or through the permit modification process of WAC 173-351-720(6) to the jurisdictional health department that
all containment structures, including liners, leachate
collection systems, and surface water control systems, are
designed to resist the maximum horizontal acceleration in
lithified earth material for the site. The owner or operator
must place the demonstration in the application for a permit
under WAC 173-351-700 ((and be issued a solid waste permit by
the jurisdictional health department)) or through the permit
modification process of WAC 173-351-720(6).
(b) For the purposes of this subsection:
(i) "Seismic impact zone" means an area with a ten percent or greater probability that the maximum horizontal acceleration in lithified earth material, expressed as a percentage of the earth's gravitational pull, will exceed 0.10g in two hundred fifty years.
(ii) "Maximum horizontal acceleration in lithified earth material" means the maximum expected horizontal acceleration depicted on a seismic hazard map, with a ninety percent or greater probability that the acceleration will not be exceeded in two hundred fifty years, or the maximum expected horizontal acceleration based on a site-specific seismic risk assessment.
(iii) "Lithified earth material" means all rock, including all naturally occurring and naturally formed aggregates or masses of minerals or small particles of older rock that formed by crystallization of magma or by induration of loose sediments. This term does not include man-made materials, such as fill, concrete, and asphalt, or unconsolidated earth materials, soil, or regolith lying at or near the earth surface.
(7) Unstable areas.
(a) Owners or operators of new MSWLF units, existing
MSWLF units, and lateral expansions located in an unstable
area must demonstrate that engineering measures have been
incorporated into the MSWLF unit's design to ensure that the
integrity of the structural components of the MSWLF units will
not be disrupted. The owner or operator must place the
demonstration in the application for a permit under WAC 173-351-700 ((and be issued a solid waste permit by the
jurisdictional health department)) or through the permit
modification process of WAC 173-351-720(6). The owner or
operator must consider the following factors, at a minimum,
when determining whether an area is unstable:
(i) On-site or local soil conditions that may result in significant differential settling;
(ii) On-site or local geologic or geomorphologic features; and
(iii) On-site or local human-made features or events (both surface and subsurface).
(b) For purposes of this subsection:
(i) "Unstable area" means a location that is susceptible to natural or human-induced events or forces capable of impairing the integrity of some or all of the landfill structural components responsible for preventing releases from a landfill. Unstable areas can include poor foundation conditions, and areas susceptible to mass movements.
(ii) "Structural components" means liners, leachate collection systems, final covers, run-on/run-off systems, and any other component used in the construction and operation of the MSWLF that is necessary for protection of human health and the environment.
(iii) "Poor foundation conditions" means those areas where features exist which indicate that a natural or man-induced event may result in inadequate foundation support for the structural components of a MSWLF unit.
(iv) "Areas susceptible to mass movement" means those areas of influence (i.e., areas characterized as having an active or substantial possibility of mass movement) where the movement of earth material at, beneath, or adjacent to the MSWLF unit, because of natural or human-induced events, results in the downslope transport of soil and rock material by means of gravitational influence. Areas of mass movement include, but are not limited to, landslides, avalanches, debris slides and flows, soil fluction, block sliding, and rock fall.
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-130, filed 10/26/93, effective 11/26/93.]
(((a) Liner separation. No new MSWLF unit or lateral
expansion shall be located at a site where the bottom of the
lowest liner is any less than ten feet (three meters) above
the seasonal high level of groundwater in any water bearing
unit which is horizontally and vertically extensive,
hydraulically recharged and volumetrically significant as to
harm or endanger the integrity of the liner at any time,
unless a demonstration during the permit process of WAC 173-351-700 can be made that a hydraulic gradient control
system or the equivalent can be installed to control
groundwater fluctuations and maintain a five foot (1.5 meter)
separation between the controlled seasonal high level of
groundwater in the identified water-bearing unit and the
bottom of the lowest liner. The owner or operator must place
the demonstration in the application for a permit under WAC 173-351-700 and be issued a solid waste permit by the
jurisdictional health department.
This demonstration must include:
(i) A hydrogeologic report required in WAC 173-351-490 including a discussion showing the effects from subsoil settlement, changes in surrounding land uses affecting groundwater levels, liner leakage or other impacts will not bring any hydrostratigraphic unit to within five feet (1.5 meters) of the bottom of the lowest liner during the active life, closure and post-closure of the MSWLF unit;
(ii) Any currently available ground/surface water quality data for aquifers, springs, or streams in direct hydrologic contact with landfill's active area;
(iii) A showing that any gradient-control discharges to groundwater will not adversely impact existing groundwater/surface water users or the instream flow of surface waters in direct hydrologic contact or continuity with the landfill's hydraulic gradient control system;
(iv) Conceptual engineering drawings of the proposed MSWLF unit and discussion as to how the hydraulic gradient control system will not affect the structural integrity nor performance of the liner;
(v) Design specifications for the proposed ground and surface water monitoring systems; and
(vi) Preliminary engineering drawings of the hydraulic gradient control system (if applicable).
(b))) (a) Sole source aquifers. ((No)) New MSWLF units
((or)) and lateral expansions ((shall)) may not be located
over a designated sole source aquifer unless the owner or
operator can demonstrate during the permit process of WAC 173-351-700 or through the permit modification process of WAC 173-351-720(6) that the sole source aquifer is not vulnerable
to potential groundwater contamination from the active area. Vulnerability is defined as the propensity or likelihood of a
sole source aquifer to become contaminated should the
integrity of the engineering control (including liners) fail;
it is a measure of the propensity to deteriorate the water
quality of a sole source aquifer, and takes into account an
assessment of the physical barriers, the physical movement of
contaminants, the hydraulic properties of the subsurface
lithology; the rate of a contaminant plume movement; the
physical and chemical characteristics of contaminants; and it
also includes an assessment of the likelihood and ease for
contaminant removal or clean-up, or the arrest of
contamination, so as to not impact any further portion of the
designated sole source aquifer. The owner or operator must
place the demonstration in the application for a permit under
WAC 173-351-700 ((and be issued a solid waste permit by the
jurisdictional health department)) or through the permit
modification process of WAC 173-351-720(6). Such a
vulnerability demonstration must include the submission of a
hydrogeologic report as required in WAC 173-351-490 and
additionally must meet the following performance criteria:
(i) Demonstrates the presence of confining units or other lithology that will prevent the migration of groundwater contamination;
(ii) Addresses the fate and transport of contaminants, including interactions in the lithologic framework, hydrogeochemical facies, contaminant travel times;
(iii) Defines and summarizes the groundwater budgets for the active area and the sole source aquifer including recharge and discharge areas and includes flow net diagrams;
(iv) Provides a contingency and groundwater assessment plan for the immediate arrest of any groundwater contamination and steps to assess the extent of contamination;
(v) Design specifications for the proposed ground and surface water monitoring systems;
(vi) Is prepared by a ((hydrogeologist or other
professional groundwater scientist in accordance with WAC 173-351-400(2))) geologist or other licensed professional in
accordance with the requirements of chapter 18.220 RCW,
Geologists; and
(vii) "Sole source aquifer" means an aquifer designated by the Environmental Protection Agency pursuant to Section 1424e of the Safe Drinking Water Act (PL 93-523).
(((c))) (b) Drinking water supply wells. ((No)) New
MSWLF units ((or)) and lateral expansions active area
((shall)) may not be located closer than one thousand feet
(three hundred meters) to any drinking water supply well, in
use and existing at the time of the purchase of the property
containing the active area unless the owner or operator can
demonstrate during the permit process of WAC 173-351-700 or
through the permit modification process of WAC 173-351-720(6)
that the active area is no less than a ninety-day hydraulic
travel time to the nearest down-gradient drinking water supply
well in the first useable aquifer. The owner or operator must
place the demonstration in the application for a permit under
WAC 173-351-700 ((and be issued a solid waste permit by the
jurisdictional health department)) or through the permit
modification process of WAC 173-351-720(6). Such a
demonstration must be prepared by a geologist or other
licensed professional in accordance with the requirements of
chapter 18.220 RCW, Geologists, and include:
(i) A hydrogeologic report required in WAC 173-351-490;
and the necessary calculations for showing compliance with the
ninety-day travel time; the ninety-day travel time ((shall))
must be based on the peak or full pumping capacity of
installed nearby wells and include potentiometric surface maps
showing well capture zones and radius of influence;
(ii) Any ((currently)) available ground/surface water
quality data for aquifers, springs, or streams in direct
hydrologic contact with landfill's active area;
(iii) The waste management unit boundaries at facility closure; and
(iv) Design specifications for the proposed ground and
surface water monitoring systems((; and
(v) A statement that the demonstration has been prepared by a hydrogeologist or qualified groundwater scientist in accordance with 173-351-400(2))).
(2) Surface water. ((No)) New MSWLF units ((or)) and
lateral expansions active area ((shall)) may not be located in
a channel migration zone or within two hundred feet (sixty-one
meters) measured horizontally from the ordinary high water
mark, of a shoreline of the state as defined in RCW 90.58.030
(which includes some wetlands associated with waters of the
state), 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 246-290-450.
See also wetlands in WAC 173-351-130(4). Local wetlands protection ordinances should be consulted to determine if greater setbacks are required.
(3) Land use. ((No)) New MSWLF units ((or)) and lateral
expansions ((shall)) may not be located:
(a) In areas designated by the United States Fish and Wildlife Service or the department of wildlife as critical habitat for endangered or threatened species of plants, fish, or wildlife;
(b) So that the active area is ((any)) closer than one
hundred feet (thirty meters) to the facility property line for
land zoned as nonresidential or ((for)) unzoned lands,
((except that the active area shall be no)) or closer than two
hundred fifty feet (seventy-six meters) to the property line
of adjacent land zoned as residential, existing at the time of
the purchase of the property containing the active area((.));
(c) So as to be at variance with any locally-adopted land
use plan or zoning requirement unless otherwise provided by
local law or ordinance; ((and)) or
(d) So that the active area is any closer than one thousand feet (three hundred meters) to any state or national park.
(4) ((Toxic air emissions. See WAC 173-351-200 (5)(a).
(5) Cover material. See WAC 173-351-200 (2)(a).
(6) Capacity. See WAC 173-351-010 (2)(c).
(7) Climatic factors. See WAC 173-351-300 (2)(b) for climatic factors.
(8) Natural soils. See WAC 173-351-300(2) for soil liner standards.)) All landfill facilities must comply with the location restrictions specified in RCW 70.95.060.
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-140, filed 10/26/93, effective 11/26/93.]
(a) Owners or operators of all MSWLF units must implement
a program at the facility for detecting and preventing the
disposal of ((regulated dangerous)) prohibited wastes
((including polychlorinated biphenyls (PCB) waste as defined
in chapter 173-303 WAC, the Dangerous waste regulations)). This program must include, at a minimum:
(i) Random inspections of incoming loads unless the owner
or operator takes other steps (for example, instituting source
controls and restricting the type of waste received) to ensure
that incoming loads do not contain ((regulated dangerous))
prohibited waste ((or PCB wastes));
(ii) Records of any inspections;
(iii) Training of facility personnel to recognize
((regulated dangerous waste and PCB)) prohibited wastes; and
(iv) Immediate notification of the department and the
jurisdictional health department if a ((regulated dangerous
waste or PCB)) prohibited waste is discovered at the facility.
(b) For purposes of this subsection:
(i) "((Regulated dangerous)) Prohibited waste" means a
solid waste that is:
(A) A dangerous waste as defined in WAC ((173-303-070,
Designation of dangerous waste, including asbestos not managed
in accordance to 40 CFR Part 61,)) 173-303-040 that is not
excluded from regulation as a dangerous waste under WAC 173-303-071 or 173-303-073, or was not generated by an
exempted small quantity generator as defined in WAC 173-303-070;
(B) Polychlorinated biphenyls (PCBs) regulated under Title 40 C.F.R. Part 761, Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution in Commerce, and Use Prohibition; and
(C) Asbestos not managed in accordance to 40 C.F.R. Part 61.
(ii) "Random inspection" means:
(A) Discharging a random waste load onto a suitable
surface. A suitable surface ((shall)) must be chosen to avoid
interference with operations so that sorted waste can be
distinguished from other loads of uninspected waste, so as to
avoid litter and to contain runoff;
(B) Viewing the contents prior to actual disposal of the waste; and
(C) Allowing the facility owner or operator to return
excluded wastes to the hauler, arrange for disposal of
excluded wastes at a facility permitted to manage
((dangerous)) prohibited waste, or take other measures to
prevent disposal of the excluded wastes at the facility.
(2) Cover material requirements.
(a) Except as provided in (b) of this subsection, the owners or operators of all MSWLF units must cover disposed solid waste with six inches (fifteen centimeters) of earthen material, i.e., soils, at the end of each operating day, or at more frequent intervals if necessary, to control disease vectors, fires, odors, blowing litter, and scavenging.
(b) Alternative materials of an alternative thickness
other than at least six inches (15 centimeters) of earthen
material may be approved by the jurisdictional health
department ((if the)). The owner or operator must
demonstrate((s)) during the permit process of WAC 173-351-700
or through the permit modification process of WAC 173-351-720(6) that the alternative material and thickness
will not present a threat to human health or the environment;
will not adversely affect gas or leachate composition or
collection; will control disease vectors, fires, odors,
blowing litter, and scavenging; and provide((s)) adequate
access for heavy vehicles((, will not adversely affect gas or
leachate composition and controls and scavenging without
presenting a threat to human health and the environment)).
(c) The jurisdictional health department may grant a temporary waiver not to exceed three months from the requirement of (a) and (b) of this subsection if the owner or operator demonstrates that there are extreme seasonal climatic conditions that make meeting such requirements impractical.
(3) Disease vector control.
(a) Owners or operators of all MSWLF units must prevent or control on-site populations of disease vectors using techniques appropriate for the protection of human health and the environment.
(b) For purposes of this subsection, "disease vectors" means any rodents, flies, mosquitoes, or other animals, including insects, capable of transmitting disease to humans.
(4) Explosive gases control.
(a) Owners or operators of all MSWLF units must ensure that:
(i) The concentration of methane gas generated by the facility does not exceed twenty-five percent of the lower explosive limit for methane in facility structures (excluding gas control or recovery system components);
(ii) The concentration of methane gas does not exceed the lower explosive limit for methane at the facility property boundary or beyond; and
(iii) The concentration of methane gases does not exceed one hundred parts per million by volume of methane in offsite structures.
(b) Owners or operators of all MSWLF units must control explosive gases and implement a routine methane monitoring program to ensure that the standards of (a)(i) and (ii) of this subsection are met.
(i) The explosive gas controls and type and frequency of monitoring must be determined based on the following factors:
(A) Soil conditions;
(B) The hydrogeologic conditions surrounding the facility;
(C) The hydraulic conditions surrounding the facility;
((and))
(D) The location of facility structures and property boundaries; and
(E) The design and operation of the MSWLF unit.
(ii) The minimum frequency of monitoring ((shall)) must
be quarterly.
| Note: | All gas monitoring wells (( |
(i) Immediately take all necessary steps to ensure protection of human health including:
(A) Notifying the jurisdictional health department;
(B) Where subsection (4)(a)(ii) of this section is exceeded, monitoring of offsite structures for compliance with subsection (4)(a)(iii) of this section;
(C) Daily monitoring of methane gas levels unless otherwise authorized by the jurisdictional health department; and
(D) Evacuation of buildings affected by landfill gas
((shall)) must be determined by the jurisdictional health
department and fire department.
(ii) Within seven calendar days of detection, place in the operating record, the methane gas levels detected and a description of the steps taken to protect human health; and
(iii) Within sixty days of detection, implement a
remediation plan for the methane gas releases, place a copy of
the plan in the operating record, and notify the
jurisdictional health department that the plan has been
implemented. The plan ((shall)) must describe the nature and
extent of the problem and the remedy.
(iv) The jurisdictional health department may establish alternative schedules for demonstrating compliance with (c)(ii) and (iii) of this subsection.
(d) For purposes of this subsection, "lower explosive limit" means the lowest percent by volume of a mixture of explosive gases in air that will propagate a flame at twenty-five degrees C and atmospheric pressure.
(5) Air criteria.
(a) Owners or operators of all MSWLF units must ensure
that the units not violate any applicable requirements
developed under the Washington state implementation plan
approved or promulgated by the ((Federal)) U.S. Environmental
Protection Agency pursuant to Section 110 of the Federal Clean
Air Act, as amended.
(b) Open burning of solid waste is prohibited at all
MSWLF units, except: For the infrequent burning of
agricultural wastes, silvicultural wastes, landclearing
debris, diseased trees or debris from emergency cleanup
operations, provided that such open burning is not
inconsistent with policies, regulations, and permits
administered by the jurisdictional air pollution control
agency or the department under the Washington Clean Air Act,
chapter 70.94 RCW. Household waste ((shall)) must not be open
burned.
(6) Access requirements. Owners or operators of all
MSWLF units must control public access and prevent
unauthorized vehicular traffic, illegal dumping of wastes, and
controls to keep animals out by using artificial barriers,
natural barriers, or both, as appropriate to protect human
health and the environment. A lockable gate ((shall be)) is
required at each entry to the facility.
(7) Run-on/runoff control systems.
(a) Except as allowed under WAC 173-351-710, owners or operators of all MSWLF units must design, construct, and maintain:
(i) A run-on control system to prevent flow onto the active portion of the landfill during the peak discharge from a twenty-five year storm;
(ii) A runoff control system from the active portion of the landfill to collect and control at least the water volume resulting from a twenty-four hour, twenty-five year storm.
(b) Runoff from the active portion of the landfill unit must be handled in accordance with WAC 173-351-200(8).
(8) Surface water requirements. MSWLF units ((shall))
must not:
(a) Cause a discharge of pollutants into waters of the state, including wetlands, that violates any requirements of chapter 90.48 RCW, Water pollution control, including, but not limited to, chapter 173-201A WAC, Water quality standards for surface waters of the state of Washington, chapter 173-220 RCW, the National pollutant discharge elimination system permit program and chapter 173-216 WAC, State waste discharge permit program.
(b) Cause the discharge of a nonpoint source of pollution to waters of the state, including wetlands, that violates any requirement of an area-wide or statewide water quality management plan that has been approved under Section 208 or 319 of the Federal Clean Water Act, as amended.
(9) Liquids restrictions.
(a) Except as allowed under WAC 173-351-710, bulk or noncontainerized liquid waste may not be placed in MSWLF units unless:
(i) The liquid waste is household waste other than septic waste; or
(ii) The liquid waste is leachate or gas condensate
derived from the MSWLF unit((, or water added in a controlled
fashion and necessary for enhancing decomposition of solid
waste, as approved during the permitting process of WAC 173-351-700, whether it is a new or existing MSWLF, or lateral
expansion and the MSWLF unit)) and:
(A) The MSWLF unit is designed with a leachate collection
system and composite liner as described in WAC 173-351-300
(((2)(a)(i) and (ii) or (iii)))(3); and
(B) ((Is accepting leachate, condensate or water
resulting from an emergency in disposing of such liquids.
The owner or operator must place the demonstration in the application for a permit under WAC 173-351-700 and be issued a solid waste permit by the jurisdictional health department.)) The owner or operator has obtained approval during the permitting process of WAC 173-351-700 or through the permit modification process of WAC 173-351-720(6) prior to placing liquid waste in the MSWLF unit.
| Note: | Condensate and leachate are subject to designation to determine whether either is a dangerous waste under chapter 173-303 WAC. |
(i) The container is a small container similar in size to that normally found in household waste;
(ii) The container is designed to hold liquids for use other than storage; or
(iii) The waste is household waste.
(c) For purposes of this subsection:
(i) "Liquid waste" means any waste material that is determined to contain "free liquids" as defined by Method 9095B (Paint Filter Liquids Test), as described in "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods," SW-846.
(ii) "Gas condensate" means the liquid generated as a result of gas recovery processes at the MSWLF unit.
(10) Recordkeeping requirements.
(a) The owner or operator of a MSWLF unit must record and retain the required information as it becomes available. The operating record must be retained at or near the facility in an operating record or in an alternative location approved by the jurisdictional health department during the permitting process of WAC 173-351-700 or through the permit modification process of WAC 173-351-720(6). The required information includes:
(i) Copies of all initial, renewal, reissued, and modified permit applications including all demonstrations, and issued permits;
(ii) Inspection records, training procedures, and
notification procedures required in subsection (1) of this
section, Procedures for excluding the receipt of ((hazardous))
prohibited waste, and inspection documents associated with the
plan of operation, WAC 173-351-210 (((1)(b))).
(iii) Gas monitoring results from monitoring and any remediation plans required by WAC 173-351-200(4);
(iv) Any demonstration, certification, declaration of
construction, finding, monitoring, testing, or analytical data
as required by WAC 173-351-400 (Groundwater monitoring systems
and ((corrective)) remedial action);
(v) Major deviations from the plan of operation required in WAC 173-351-210; and
(vi) Daily records of weights or volumes of solid waste and, if available, types of waste received at the facility.
(b) The owner or operator must notify the jurisdictional health department when the documents from (a) of this subsection have been placed in or added to the operating record, unless:
(i) Such documents have been made a part of a permit application under this regulation;
(ii) Notification occurs under the renewal application requirements of WAC 173-351-730 (3)(b)(iv); or
(iii) The documents are daily records of weights or volumes specified in WAC 173-351-200 (10)(a)(vi).
(c) The jurisdictional health department can set alternative schedules during the permitting process of WAC 173-351-700 or through the permit modification process of WAC 173-351-720(6) for recordkeeping and notification requirements as specified in (a) and (b) of this subsection, except for the notification requirements in WAC 173-351-130 (2)(b), the Federal Aviation Administration and in WAC 173-351-440 (6)(c), notification of land owners under assessment monitoring.
(d) All information contained in the operating record must be furnished upon request to the jurisdictional health department or be made available at all reasonable times for inspection by the jurisdictional health department and the department.
(11) Annual reports. Each owner or operator ((shall))
must prepare and submit a copy of an annual report to the
jurisdictional health department and the department by April 1
of each year. The annual report ((shall)) must:
(a) Include information on facility activities during the previous year;
(b) Be on forms supplied by the department; and
(c) Include the following information:
(i) Facility location;
(ii) Facility contact;
(iii) Operational and/or post-closure information;
(iv) Permit status;
(v) Compliance information;
(vi) Facility capacity information;
(vii) Information on groundwater monitoring as required
in WAC 173-351-415(1) ((except, prior to the effective date of
the groundwater monitoring requirements of WAC 173-351-400,
groundwater monitoring information and existing summaries
collected under groundwater monitoring systems installed
according to chapter 173-304 WAC)).
(viii) Information on violation of ambient standards for
surface water and explosive gases whose monitoring is required
by chapter 173-351 WAC or performed as part of the permit
issued under WAC 173-351-700; ((and))
(ix) Financial assurance audit reports in accordance with WAC 173-351-600 if applicable; and
(x) Other information as required.
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-200, filed 10/26/93, effective 11/26/93.]
Each plan of operation ((shall)) must include:
(1) How solid wastes are to be handled on-site during its active life including transportation, routine filling, grading, cover, and housekeeping;
(2) How inspections are conducted and their frequency;
(3) Actions to take if there is a fire or explosion;
(4) Actions to take for sudden releases (e.g., failure of run-off containment system);
(5) How equipment such as leachate collection and gas collection equipment are to be operated and maintained;
(6) A safety plan or procedure; ((and))
(7) How operators will meet each requirement of WAC 173-351-200 and 173-351-220; and
(8) Other such details as required by the jurisdictional health department.
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-210, filed 10/26/93, effective 11/26/93.]
(1) Control road dust;
| Note: | Operators should carefully select dust suppressants approved by the jurisdictional health departments that do not pose a threat to surface or groundwater quality. |
(3) Prohibit scavenging;
(4) Landfill personnel. All landfills ((shall)) must:
(a) Ensure that at least two landfill personnel are on-site with one person at the active portion when the site is open to the public for landfills with a permitted capacity of greater than fifty thousand cubic yards per year; and
(b) Comply with the certification requirements of chapter 173-300 WAC, Certification of operators of solid waste incinerator and landfill facilities.
| Note: | The definition of operators in chapter 173-300 WAC is not the same as the definition of operator in this rule. |
(6) Clearly mark the active area boundaries authorized in
the permit, with permanent posts or ((using)) equivalent
method ((clearly visible for inspection purposes));
(7) Thoroughly compact the solid waste before succeeding layers are added except for the first lift over a liner;
(8) Maintain the monitoring system required in WAC 173-351-400, Groundwater monitoring systems and ((corrective))
remedial action, WAC 173-351-200(4), explosive gas monitoring
of this regulation and any other monitoring specified in the
permit issued in WAC 173-351-700((.));
(9) Require recycling.
(a) All owners and operators ((shall)) must provide the
opportunity for the general public to conveniently recycle
cans, bottles, paper, and other material brought to the
landfill site and for which a market exists or as required
according to the most recently adopted county comprehensive
solid waste management plan:
(i) During the normal hours of operation; and
(ii) In facilities convenient to the public (i.e., near entrance to the gate).
(b) Owners or operators ((shall)) must conduct recycling
activities in an orderly, sanitary manner and in a way that
does not interfere with MSWLF operations.
(c) Owners or operators may demonstrate during the permit process of WAC 173-351-700 or through the permit modification process of WAC 173-351-720(6) alternative means to providing an opportunity to the general public to recycle household solid waste including other conveniently located facilities which offer recycling opportunities.
(10) Prohibiting disposal of municipal sewage sludge or biosolids in MSWLF units.
(a) The disposal of municipal sewage sludge or biosolids or any material containing municipal sewage sludge or biosolids in a MSWLF unit is prohibited unless the municipal sewage sludge or biosolids or material containing municipal sewage sludge or biosolids is not a liquid as defined in this rule, and such disposal is specifically approved as part of a valid NPDES permit, or a valid permit issued in accordance with chapter 70.95J RCW and rules promulgated under that authority.
(b) Notwithstanding WAC 173-351-220 (10)(a), the jurisdictional health department may allow disposal of municipal sewage sludge or biosolids, or any material containing municipal sewage sludge or biosolids in a landfill on a temporary basis if the jurisdictional health department determines that a potentially unhealthful circumstance exists and other management options are unavailable or would pose a threat to human health or the environment.
(c) In accordance with (b) of this subsection upon
determination that a potentially unhealthful circumstance
exists, the jurisdictional health department ((shall)) must
notify the department in writing, of its findings and basis
for its determination. In its notification, the
jurisdictional health department ((shall)) must state the date
on which disposal is approved to commence, any conditions, and
the date after which continued disposal ((shall be)) is
prohibited.
(d) For the purposes of this regulation, the use of
sewage sludge or biosolids or any material containing sewage
sludge or biosolids, which is subject to regulation under 40
C.F.R. Part 503 and or chapter 70.95J RCW, as daily cover or
as an amendment to daily cover ((shall be)) is considered
disposal.
(11) Disposal of dangerous waste prohibited. Owners or
operators of landfills ((shall)) must not knowingly dispose,
treat, store, or otherwise handle dangerous waste unless the
requirements of the Dangerous waste regulation, chapter 173-303 WAC are met((.));
(12) Jurisdictional health department inspection of activities. In accordance with RCW 70.95.190, employees of the jurisdictional health department or their agents may enter upon, inspect, sample, and move freely about the premises of any MSWLF, after presentation of credentials.
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-220, filed 10/26/93, effective 11/26/93.]
(2) New MSWLF units and lateral expansions ((shall)) must
be constructed:
(a) ((For nonarid landfills, in accordance with a
standard design as follows:
(i))) With a composite liner as defined in (((a)(ii)))
subsection (3) of this ((subsection)) section and a leachate
collection system that is designed and constructed to maintain
less than a 1 foot (30 cm) depth of leachate over the liner((.
(b) In accordance with an alternative design approved by the jurisdictional health department with the department's written consent. Alternative designs must ensure that the concentration values listed in Table 1 of this section and the criteria in the water quality standards for groundwaters of the state of Washington, chapter 173-200 WAC, will not be exceeded in the hydrostratigraphic unit(s) identified in the hydrogeologic characterization/report at the relevant point of compliance as specified during the permitting process in WAC 173-351-700 or through the permit modification process of WAC 173-351-720(6). Alternative designs must also sufficiently control methane to meet the criteria in WAC 173-351-200 (4)(a).
(3) For the purpose of this section, "composite liner"
means a system consisting of two components; the upper
component must consist of a minimum of 60 mil thickness high
density polyethylene (HDPE) geomembrane. The lower component
must consist of at least a two-foot (60 cm) layer of compacted
soil with a hydraulic conductivity of no more than 1X10-7
cm/sec. The geomembrane must be installed in direct and
uniform contact with the compacted soil component. Thinner
geomembranes of other than high density polyethylene may be
used provided that a demonstration can be made that the
alternative has equivalent mechanical strength, permeability,
chemical resistance and other factors under conditions of
construction and use. Minimum thickness of geomembranes other
than high density polyethylene ((shall)) must be 30 mils.
(((iii) Equivalent liner designs and liner materials may
be used provided a demonstration during the permitting process
of WAC 173-351-700 can be made that the liner is equivalent to
the composite liner design:
(A) With respect to hydraulic effectiveness as shown by the use of the hydraulic evaluation of landfill performance (HELP) model or other approved models or methods;
(B) With respect to mechanical strength;
(C) With respect to chemical resistance;
(D) With respect to potential physical damage during construction and operation;
(E) With respect to attenuative capacity; and
(F) And other factors identified by the jurisdictional health department and the department on a case-by-case basis.
(b) For arid landfills, in accordance with a design that ensures that the maximum contaminant levels listed in Table 1 of this section will not be exceeded in the hydrostratigraphic unit(s) identified in the hydrogeologic characterization/report at the relevant point of compliance as specified during the permitting process in WAC 173-351-700. When approving a design that complies with the arid landfill design of (b) of this subsection, the jurisdictional health department shall consider at least the following factors:
(i) The hydrogeologic characteristics of the facility and surrounding land;
(ii) The climatic factors of the area; and
(iii) The volume, physical and chemical characteristics of the leachate.
(A))) (4) When demonstrating that a proposed alternative
design meets the standards of this section, the owner or
operator may use:
(a) Existing information such as vadose zone, groundwater monitoring, or leachate characterization that has previously been conducted at the facility;
(((B))) (b) Contaminant transport modeling in accordance
with the requirements of WAC 173-351-480; and/or
(((C))) (c) Other information determined as appropriate
and relevant by the jurisdictional health department.
(((c))) (5) When approving an alternative design, the
jurisdictional health department must consider at least the
following factors:
(a) The hydrogeologic characteristics of the facility and surrounding land;
(b) The climatic factors of the area; and
(c) The volume, physical and chemical characteristics of the leachate.
(6) The relevant point of compliance approved during the
permitting process in WAC 173-351-700 or through the permit
modification process of WAC 173-351-720(6), ((shall)) must be
no more than one hundred fifty meters (four hundred ninety-two
feet) from the waste management unit boundary and ((shall))
must be located on land owned by the owner of the MSWLF unit. In approving the relevant point of compliance the
jurisdictional health department ((shall)) must consider at
least the following factors:
(((i))) (a) The hydrogeologic characteristics of the
facility and surrounding land;
(((ii))) (b) The volume, and physical/chemical
characteristics of the leachate;
(((iii))) (c) The quantity and quality, and
direction((,)) of flow of groundwater;
(((iv))) (d) The proximity and withdrawal rate of the
groundwater users;
(((v))) (e) The availability of alternative drinking
water supplies;
(((vi))) (f) The existing quality of the groundwater,
including other sources of contamination and their cumulative
impacts on the groundwater, and whether the groundwater is
currently used or reasonably expected to be used for drinking
water;
(((vii))) (g) Public health, safety, and welfare effects;
and
(((viii))) (h) Practical capability of the owner or
operator.
(7) Liner separation from groundwater. New MSWLF units and lateral expansions may not be designed such that the bottom of the lowest liner component is any less than ten feet (three meters) above the seasonal high level of groundwater, unless a demonstration can be made during the permit process of WAC 173-351-700 or through the permit modification process of WAC 173-351-720(6) that a hydraulic gradient control system, or the equivalent, can be installed which prevents the controlled seasonal high level of groundwater in the identified water-bearing unit from contacting the bottom of the lowest liner component. For the purposes of this section, groundwater includes any water-bearing unit that is horizontally and vertically extensive, hydraulically recharged and volumetrically significant as to harm or endanger the integrity of the liner at any time. The owner or operator must place the demonstration in the application for a permit under WAC 173-351-700 or through the permit modification process of WAC 173-351-720(6). This demonstration must include:
(a) A hydrogeologic report required in WAC 173-351-490 including a discussion showing the effects from subsoil settlement, changes in surrounding land uses affecting groundwater levels, liner leakage or other impacts will not bring any hydrostratigraphic unit in contact with the bottom of the lowest liner during the active life, closure, post-closure, and upon completion of post-closure care of the MSWLF unit;
(b) Any available ground/surface water quality data for aquifers, springs, or streams in direct hydrologic contact with landfill's active area;
(c) A showing that any gradient-control discharges to groundwater will not adversely impact existing groundwater/surface water users or the instream flow of surface waters in direct hydrologic contact or continuity with the landfill's hydraulic gradient control system;
(d) Conceptual engineering drawings of the proposed MSWLF unit and discussion as to how the hydraulic gradient control system will not affect the structural integrity nor performance of the liner during the active life, closure, post-closure, and upon completion of post-closure care of the MSWLF unit;
(e) Design specifications for the proposed ground and surface water monitoring systems;
(f) A discussion of the potential impacts from the gradient control system on the capability of collecting groundwater samples that represent the quality of groundwater passing the relevant point of compliance; and
(g) Preliminary engineering drawings of the hydraulic gradient control system.
| CHEMICAL | Maximum (( (MCL))
Concentration (mg/l)(( |
| ARSENIC | 0.00005 |
| BARIUM | 1.0 |
| BENZENE | 0.001 |
| CADMIUM | (( 0.005 |
| CARBON TETRACHLORIDE | 0.0003 |
| CHROMIUM (HEXAVALENT) | 0.05 |
| 2,4-DICHLOROPHENOXY ACETIC ACID | (( 0.07 |
| 1,4-DICHLOROBENZENE | 0.004 |
| 1,2-DICHLOROETHANE | 0.0005 |
| 1,1 DICHLOROETHYLENE | 0.007 |
| ENDRIN | 0.0002 |
| FLUORIDE | 4 |
| LINDANE | 0.00006 |
| LEAD | (( 0.015 |
| MERCURY | 0.002 |
| METHOXYCHLOR | (( 0.04 |
| NITRATE | 10 |
| SELENIUM | 0.01 |
| SILVER | 0.05 |
| TOXAPHENE | 0.00008 |
| 1,1,1-TRICHLOROETHANE | 0.20 |
| TRICHLOROETHYLENE | 0.003 |
| 2,4,5-TRICHLOROPHENOXY ACETIC ACID | 0.01 |
| VINYL CHLORIDE | 0.00002 |
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-300, filed 10/26/93, effective 11/26/93.]
(a) The requirements of WAC 173-351-400 through WAC 173-351-490 apply to MSWLF units whose owners and operators are required to perform groundwater monitoring under chapter 173-351 WAC.
(b) Owners and operators of MSWLF units must comply with the groundwater monitoring requirements of this regulation according to the following schedule:
(i) Existing MSWLF units and lateral expansions less than one mile (1.6 kilometers) from a drinking water intake (surface or subsurface) must be in compliance with the groundwater monitoring requirements specified in WAC 173-351-400 through 173-351-450, and 173-351-490 by October 9, 1994;
| Note: | A drinking water intake is any surface water or groundwater intake that is used for the purposes of drinking water i.e., water supply wells. |
(iii) New MSWLF units and lateral expansions ((units))
must be in compliance with the groundwater monitoring
requirements specified in WAC 173-351-400 through 173-351-450,
and 173-351-490 before waste can be placed in the MSWLF unit.
(c) Existing MSWLF units and lateral expansions with groundwater contamination as defined under WAC 173-304-100 and chapter 173-200 WAC must begin an assessment groundwater monitoring program under WAC 173-351-440 by October 9, 1994.
(d) Interim groundwater monitoring programs. Prior to the compliance schedules in (b) of this subsection, all existing MSWLF units and lateral expansions must either:
(i) Continue to monitor under WAC 173-304-490; or
(ii) Begin to monitor under this section.
(e) All MSWLF units closed in accordance with chapter 173-304 WAC must continue to monitor groundwater in accordance with chapter 173-304 WAC.
(2) ((Personnel qualifications. For the purposes of this
regulation, a "qualified groundwater scientist" must be a
hydrogeologist, geologist, engineer, or other scientist who
meets all of the following criteria:
(a) Has received a baccalaureate or post-graduate degree in the natural sciences or engineering; and
(b) Has sufficient training and experience in groundwater hydrology and related fields as may be demonstrated by state registration, professional certifications, or completion of accredited university programs that enable that individual to make sound professional judgments regarding groundwater monitoring, contaminant fate and transport, and corrective action.
(3) A qualified groundwater scientist is required to prepare)) The following reports, demonstrations and information must be prepared by a geologist or other licensed professional in accordance with the requirements of chapter 18.220 RCW, Geologists:
(a) The hydrogeologic report(s) of WAC 173-351-490;
(b) The groundwater monitoring program(s) including the groundwater monitoring system design and well placement of WAC 173-351-405; the groundwater sampling and analysis plan of WAC 173-351-410; the detection monitoring program(s) of WAC 173-351-430; and the assessment monitoring program(s) of WAC 173-351-440;
(c) Any demonstration(s) under WAC 173-351-430 (4)(c)
((or)), 173-351-440 (6)(e), ((or)) 173-351-140(1), or
173-351-300(7);
(d) Any modification(s) proposals/requests to the
approved groundwater monitoring program in accordance with WAC 173-351-450; ((and))
(e) Any groundwater modeling demonstrations made under WAC 173-351-480; and
(f) The groundwater reports required under WAC 173-351-415.
| (( |
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-400, filed 10/26/93, effective 11/26/93.]
The groundwater monitoring system design ((shall)) must
meet the following performance criteria:
(1) A sufficient number of wells must be installed at appropriate locations and depths to yield representative groundwater samples from those hydrostratigraphic units which have been identified as the earliest target hydraulic pathways and conduits of flow for groundwater and contaminant movement, and storage.
(2) The number, spacing, and depths of monitoring wells must be based on the site characteristics including the area of the MSWLF unit and the hydrogeological characterization of WAC 173-351-490, and requires a demonstration based on all of the following information:
(a) A groundwater flow path analysis which supports why the chosen hydrostratigraphic unit best serves the installation of a detection or assessment groundwater monitoring well system capable of providing early warning detection of any groundwater contamination.
(b) Documentation and calculations of all of the following information:
(i) Hydrostratigraphic unit thicknesses including confining units and transmissive units;
(ii) Vertical and horizontal groundwater flow directions including seasonal, man-made, or other short term fluctuations in groundwater flow;
(iii) Stratigraphy and lithology;
(iv) Hydraulic conductivity; and
(v) Porosity and effective porosity.
(3) Hydraulically placed upgradient wells (background wells) must meet the following performance criteria:
(a) Must be installed in groundwater that has not been affected by leakage from a MSWLF unit; or
(b) If hydrogeologic conditions do not allow for the
determination of a hydraulically placed upgradient well then
sampling at other monitoring wells which provide
representative background groundwater quality may be
allowed((; and)).
(4) Hydraulically placed down-gradient wells (compliance wells) must meet the following performance criteria:
(a) Represent the quality of groundwater passing the relevant point of compliance specified by the jurisdictional health department. The downgradient monitoring system must be installed at the relevant point of compliance specified by the jurisdictional health department during the permitting process of WAC 173-351-700 or through the permit modification process of WAC 173-351-720(6). Additional wells may be required by the jurisdictional health department based upon areal extent of the MSWLF unit, complex hydrogeologic settings or to define the extent of contamination under WAC 173-351-440 and 173-351-450.
(b) When physical obstacles preclude installation of groundwater monitoring wells at the relevant point of compliance at existing units, the downgradient monitoring system may be installed at the closest practicable distance hydraulically down gradient from the relevant point of compliance that ensures detection of groundwater contamination in the chosen hydrostratigraphic unit.
(5) All monitoring wells must be cased in a manner that
maintains the integrity of the bore hole. This casing must be
screened or perforated and packed with gravel or sand, where
necessary, to enable collection of samples. The annular space
between the bore hole and well casing above the sampling depth
must be sealed to prevent ((contamination)) corruption of
samples and contamination of groundwater. All wells must be
constructed in accordance with chapter 173-160 WAC, Minimum
standards for construction and maintenance of water wells and
chapter 173-162 WAC, Regulation and licensing of well
contractors and operators. All wells must be clearly labeled,
capped, and locked.
(6) The owner or operator must apply for a permit
modification under WAC 173-351-720(((5))) (6) or must apply
during the renewal process of WAC 173-351-720 (((1)(i))) (5),
for any proposed changes to the design, installation,
development, and decommission of any monitoring wells,
piezometers, and other measurement, sampling, and analytical
devices. Upon completing changes, all documentation,
including date of change, new well location maps, boring logs,
and well diagrams must be submitted to the jurisdictional
health department and must be placed in the operating record
of WAC 173-351-200(10).
(7) All monitoring wells, piezometers, and other measurement, sampling, and analytical devices must be operated and maintained so that they perform to design specifications throughout the life of the monitoring program.
(8) The groundwater monitoring system and hydrogeologic
report including any changes to the groundwater monitoring
system ((shall)) must be prepared by a ((hydrogeologist or
other qualified groundwater scientist and include a statement
of personnel qualifications)) geologist or other licensed
professional in accordance with the requirements of chapter 18.220 RCW, Geologists.
(9) The ((prepared)) groundwater monitoring system design
and hydrogeologic report must be made a part of the permit
application in accordance with WAC 173-351-730 (1)(b)(iii).
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-405, filed 10/26/93, effective 11/26/93.]
(a) Sample collection and handling;
(b) Sample preservation and shipment;
(c) Analytical procedures;
(d) Chain-of-custody control;
(e) Quality assurance and quality control;
(f) ((Decontamination)) Cleansing of drilling and
sampling equipment;
(g) Procedures to ensure employee health and safety during well installation and monitoring; and
(h) Well operation and maintenance procedures.
(2) The groundwater monitoring program must include
sampling and analytical methods that are appropriate for
groundwater sampling and that accurately measure hazardous
constituents and other monitoring parameters in groundwater
samples or reflect an acceptable practical quantitation limit
(PQL). Groundwater samples ((shall)) must not be
field-filtered ((for organic constituents)) prior to
laboratory analysis except for geochemical indicator
parameters used for cation-anion balance evaluations in WAC 173-351-430(5). All analyses must be sent to an accredited
laboratory in accordance with chapter 173-50 WAC,
Accreditation of environmental laboratories.
(3) Groundwater elevations must be measured in each well immediately prior to purging, each time groundwater is sampled. The owner or operator must determine the rate and direction of groundwater flow each time groundwater is sampled. Groundwater elevations in wells which monitor the same MSWLF unit must be measured within a period of time short enough to avoid any groundwater fluctuations which could preclude the accurate determination of groundwater flow rate and direction. All groundwater elevations must be determined:
(a) By a method that ensures measurement to the 0.01 (one/one hundredth) of a foot (3mm) relative to the top of the well casing; and
(b) The orthometric elevation of the top of the well
casing is related to a vertical benchmark based on the
((national geodetic)) North American vertical datum of ((1929
(NGVD 29))) 1988 (NAVD88) and be established to 3rd order
classification standards per federal geodetic control
committee((, or its successor, as specified in WAC 332-130-060)).
(4) The owner or operator must establish background
groundwater quality in hydraulically placed upgradient or
background well(s) for each of the monitoring parameters or
constituents required in the particular groundwater monitoring
program that applies to the MSWLF unit, as determined under
((this section)) WAC 173-351-430, 173-351-440, or 173-351-450.
Background groundwater quality may be established at wells
that are not located hydraulically upgradient from the MSWLF
unit if it meets the requirements of WAC 173-351-400 through
173-351-490.
(5) The number of samples collected to establish water
quality data must be consistent with the appropriate
statistical procedures determined pursuant to WAC 173-351-420.
The sampling procedures ((shall)) must be those specified
under WAC 173-351-430 for detection monitoring, WAC 173-351-440 for assessment monitoring, and WAC 173-351-440(((6) of corrective)) (7) for remedial action.
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-410, filed 10/26/93, effective 11/26/93.]
(a) A brief summary of statistical results and/or any statistical trends including any findings of any statistical increases for the year;
(b) A brief summary of groundwater flow rate and direction for the year, noting any trends or changes;
(c) A ((Xerox)) copy of all potentiometric surface maps
developed for each quarter or approved semi-annual period; and
(d) A summary geochemical evaluation noting any changes or trends in the cation-anion balances, Trilinear diagrams and general water chemistry for each well.
(2) A quarterly, or alternate frequency approved in
accordance with WAC 173-351-450, groundwater report ((shall))
must be submitted to the jurisdictional health department and
the department no later than sixty days after the receipt of
the ((quarterly)) analytical data ((and shall)). The
groundwater report must include completed forms developed by
the department and all of the following:
(a) All groundwater monitoring data for the sampling period;
(b) A brief summary of statistical results and/or any
statistical trends and all statistical calculations ((and
summaries));
(c) Notification of any statistical increase and
concentrations above ((MCL's)) the criteria in chapter 173-200 WAC, Water quality standards for groundwaters of the state of
Washington;
(d) Static water level readings for each monitoring well for each sampling event;
(e) Potentiometric surface elevation maps depicting groundwater flow rate and direction;
(f) Cation-anion balances and Trilinear diagrams; and
(g) Leachate ((analyses)) analysis results if sampled and
tested.
(3) All groundwater monitoring data must be submitted consistent with procedures specified by the department. Unless otherwise specified by the department, all groundwater monitoring data must be submitted in an electronic form capable of being transferred into the department's data management system.
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-415, filed 10/26/93, effective 11/26/93.]
(a) The background mean;
(b) The background variance;
(c) The standard deviation of the background data;
(d) The coefficient of variation of the background data;
(e) The standard error of the background data; and
(f) Other statistics testing for homogeneity of variance and the normality of the background data.
(2) The owner or operator must specify in the permit
application in accordance with WAC 173-351-730 (1)(b)(iii)
((one of the following)) appropriate statistical methods to be
used in evaluating groundwater monitoring data for each
((hazardous)) constituent. The statistical test chosen
((shall)) must be conducted separately for each ((hazardous))
constituent in each well. ((The statistical methods to be
used are:
(a) A tolerance or prediction interval procedure in which an interval for each constituent is established from the distribution of the background data, and the level of each constituent in each compliance well is compared to the upper tolerance or prediction limit;
(b) A parametric analysis of variance (ANOVA) followed by multiple comparisons procedures to identify statistically significant evidence of contamination. The method must include estimation and testing of the contrasts between each compliance well's mean and the background mean levels for each constituent;
(c) An analysis of variance (ANOVA) based on ranks followed by multiple comparisons procedures to identify statistically significant evidence of contamination. The method must include estimation and testing of the contrasts between each compliance well's median and the background median levels for each constituent;
(d) A control chart approach that gives control limits for each constituent; or
(e) Another statistical test method that meets the performance standards of this section. The owner or operator must place a justification for this alternative in the permit application in accordance with WAC 173-351-730 (1)(b)(iii). The justification must demonstrate that the alternative method meets the performance standards of this section.
(3) Any statistical method chosen under this section shall comply with)) The owner or operator must demonstrate that the statistical methods meet the following performance standards, as appropriate:
(a) The statistical method used to evaluate groundwater
monitoring data ((shall)) must be appropriate for the
distribution of chemical parameters or ((hazardous))
constituents. If the distribution of the chemical parameters
or ((hazardous)) constituents is shown by the owner or
operator to be inappropriate for a normal theory test, then
the data must be evaluated to determine if nonnormal
conditions are due to laboratory or sampling error, poor well
construction, seasonal or spatial variability, or actual site
conditions. Transformed or a distribution-free theory test
may be used, upon a determination of why nonnormal conditions
exist. If the distributions for the constituents differ, more
than one statistical method may be needed.
(b) If an individual well comparison procedure is used to
compare an individual compliance well constituent
concentration with background constituent concentrations or a
groundwater protection standard, the test ((shall)) must be
done at a Type I error level no less than 0.01 for each
testing period. If a multiple comparison procedure is used,
the Type I experiment wise error rate for each testing period
((shall)) must be no less than 0.05; however, the Type I error
of no less than 0.01 for individual well comparisons must be
maintained. This performance standard does not apply to
tolerance intervals, prediction intervals, or control charts.
(c) ((If a control chart approach is used to evaluate
groundwater monitoring data, the specific type of control
chart and its associated)) Parameter values ((shall)) must be
protective of human health and the environment. The
parameters ((shall)) must be determined after considering the
number of samples in the background data base, the data
distribution, and the range of the concentration values for
each constituent of concern.
(d) ((If a tolerance interval or a predictional interval
is used to evaluate groundwater monitoring data, the levels of
confidence and, for tolerance intervals, the percentage of the
population that the interval must contain, shall be protective
of human health and the environment. These parameters shall
be determined after considering the number of samples in the
background data base, the data distribution, and the range of
the concentration values for each constituent of concern.
(e))) The statistical method ((shall)) must account for
data below the limit of detection with one or more statistical
procedures that are protective of human health and the
environment. Any practical quantitation limit (PQL) that is
used in the statistical method ((shall)) must be the lowest
concentration level that can be reliably achieved within
specified limits of precision and accuracy during routine
laboratory operating conditions that are available to the
facility.
(((f))) (e) If necessary, the statistical method
((shall)) must include procedures to control or correct for
seasonal and spatial variability as well as temporal
correlation in the data.
(((4))) (3) The owner or operator must determine whether
or not there is a statistically significant increase over
background values for each parameter or constituent required
in the particular groundwater monitoring program that applies
to the MSWLF unit after each sampling event and as determined
under this section.
(a) In determining whether a statistically significant increase has occurred, the owner or operator must compare the groundwater quality of each parameter or constituent at each monitoring well designated pursuant to WAC 173-351-430 or 173-351-440 to the background value of that constituent, according to the statistical procedures and performance standards specified under this section.
(b) Within thirty days after receipt of the analytical
data, the owner or operator must determine whether there has
been a statistically significant increase over background at
each monitoring well (((at all hydraulically placed upgradient
and downgradient wells))).
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-420, filed 10/26/93, effective 11/26/93.]
(2) Background data ((development)).
(a) Background data development for new MSWLF units.
(i) A minimum of eight independent samples ((shall be
collected for each well (background and downgradient) and))
must be collected from each monitoring well and analyzed for
((the)) Appendix I constituents for the first year of
groundwater monitoring unless background data already exists
for Appendix I constituents and performance criteria of WAC 173-351-400 are met.
(((b))) (ii) Each independent sampling event ((shall))
must be no less than one month apart from the previous
independent sampling event.
(((c))) (iii) Sampling for Appendix II parameters
((shall)) must be done quarterly.
(((d) MSWLF units which have previously developed
background for those constituents listed in Appendix I will be
waived from (a) of this subsection on a parameter by parameter
basis providing all performance criteria of WAC 173-351-400
are met.))
(b) Total metals background data development for existing MSWLF units.
(i) An owner or operator must follow the permit modification process in WAC 173-351-720(6) to amend the sampling and analysis program to address (b)(ii) and (iii) of this subsection by May 31, 2013. Amendments must meet the standards of WAC 173-351-410 (1) and (2).
(ii) Beginning at the first sampling event after jurisdictional health department approval of amendments to the sampling and analysis program in (b)(i) of this subsection, independent samples must be collected from each monitoring well and analyzed for the parameters in (ii)(A) and (B) of this subsection. Samples must be collected and analyzed over eight sampling periods, which may be quarterly or semi-annually to coincide with routine monitoring as approved by the jurisdictional health department.
(A) Total metals from Appendix I Inorganic Constituents 1-15.
(B) Dissolved metals:
Antimony (Dissolved).
Arsenic (Dissolved).
Barium (Dissolved).
Beryllium (Dissolved).
Cadmium (Dissolved).
Chromium (Dissolved).
Cobalt (Dissolved).
Copper (Dissolved).
Lead (Dissolved).
Nickel (Dissolved).
Selenium (Dissolved).
Silver (Dissolved).
Thallium (Dissolved).
Vanadium (Dissolved).
Zinc (Dissolved).
(iii) After collecting and analyzing samples for total and dissolved metals for eight sampling periods, collection and analysis of Appendix I Inorganic Constituents 1-15 (total metals) must continue and collection and analysis of dissolved metals under (b)(ii)(B) of this subsection can cease.
(3) ((Foreground data development)) Routine sampling. Except as allowed under WAC 173-351-450, the monitoring
frequency for all constituents listed in Appendix I and II
((shall)) must be quarterly in each well during the active
life of the MSWLF unit including the closure and the
post-closure period and begins after ((the first year of))
background data development((, for all monitoring wells
(upgradient and downgradient))).
| (( |
(a) Must, within fourteen days of this finding, place a notice in the operating record indicating which constituents have shown statistically significant changes from background levels, and send the same notice to the jurisdictional health department and the department; and
(b) Must establish an assessment monitoring program meeting the requirements of WAC-173-351-440 within ninety days except as provided for in (c) of this subsection; or
(c) May demonstrate that a source other than a MSWLF unit
caused the contamination or that the statistically significant
increase resulted from error in sampling, analysis,
statistical evaluation, or natural variation in groundwater
quality. A report documenting this demonstration must be
prepared by a ((hydrogeologist or other qualified groundwater
scientist)) geologist or other licensed professional in
accordance with the requirements of chapter 18.220 RCW,
Geologists, and approved by the jurisdictional health
department and be placed in the operating record. If a
successful demonstration is made and documented, the owner or
operator may continue detection monitoring as specified in
this section. If, after ninety days, a successful
demonstration is not made, the owner or operator must initiate
an assessment monitoring program as required in WAC 173-351-440((; and
(d) Must submit the assessment monitoring program to the jurisdictional health department at the end of ninety days as provided in (b) of this subsection)).
(5) A geochemical evaluation of Appendix II parameters
((shall)) must be conducted at each well on a quarterly basis
and include all of the following methods:
(a) A cation-anion balance evaluating the difference
between the cation and anion sums expressed in
milliequivalents per liter((; if a greater than a five to ten
percent difference occurs then)). If the following threshold
limits are exceeded, the owner or operator ((shall)) must
provide a summary explanation and examine whether the
difference is due to a laboratory error, poor well conditions,
or other ions not accounted for in natural or impacted
groundwater conditions((;)). A ten percent difference
threshold is used if the total cation-anion sums are less than
5.0 meq/liter ((then a ten percent difference threshold, may
be used)). A five percent difference threshold is used if the
total cation-anion sums are greater than or equal to 5.0
meq/liter.
(b) A plot of cations and anions for each well on a trilinear diagram, as recommended in hydrogeologic texts and/or the department guidance documents.
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-430, filed 10/26/93, effective 11/26/93.]
(2) Background data development for total metals must be done in accordance with WAC 173-351-430 (2)(b) for existing MSWLF units under assessment monitoring as of November 1, 2012.
(3) Within ninety days of triggering ((into)) an
assessment monitoring program, and ((quarterly)) annually
thereafter, the owner or operator must sample and analyze the
groundwater for all constituents identified in Appendix III
((of this part)). A minimum of one sample from each
((downgradient)) well (background and downgradient) must be
collected and analyzed during each sampling event. For any
constituent detected in ((the downgradient)) wells as a result
of the complete Appendix III analysis, a minimum of four
independent samples must be collected from each well
(background and downgradient) ((must be collected)) within a
time period of one hundred eighty days, and analyzed to
establish background for the constituents. Each independent
sample ((shall)) must be collected no less than one month
apart from the previous sampling event.
(((3))) (4) After obtaining the results from ((the))
initial or subsequent sampling events required in subsection
(((2))) (3) of this section, the owner or operator must:
(a) Within fourteen days, notify the jurisdictional health department of the increase, identifying the Appendix III constituent(s) that have been detected and place this notice in the operating record;
(b) Within ninety days, and on a quarterly basis
thereafter, resample all wells, conduct analyses for all
constituents in Appendix I and II((,)) and((, for those))
constituents in Appendix III that are detected in response to
subsection (((2))) (3) of this section((,)). Record their
concentrations in the facility operating record and notify the
jurisdictional health department. At least one sample from
each well (background and downgradient) must be collected and
analyzed during these sampling events;
(c) Establish background concentrations for any
constituents detected pursuant to subsection (((2))) (3) of
this section;
(d) Establish groundwater protection standards for all
constituents detected pursuant to subsection (((2))) (3) or
(((3))) (4) of this section. The groundwater protection
standards ((shall)) must be established in accordance with
subsection (((7))) (8) of this section; and
(e) Continue performing geochemical evaluations in accordance with WAC 173-351-430(5) on a quarterly basis.
(((4))) (5) If the concentrations of all Appendix III
constituents are shown to be at or below background values,
using the statistical procedures in WAC 173-351-420, for two
consecutive sampling events, ((and before returning to
detection monitoring)) the owner or operator ((must)) may
return to detection monitoring after:
(a) ((Notify)) Notifying the jurisdictional health
department of this finding;
(b) ((Receive)) Receiving approval in writing from the
jurisdictional health department; and
(c) ((Place)) Placing the notice and the approval in (a)
and (b) of this subsection in the operating record ((of WAC 173-351-200(10))).
(((5))) (6) If the concentrations of any Appendix III
constituents are above background values, but all
concentrations are below the groundwater protection standard
established under subsection (((7))) (8) of this section,
using the statistical procedures in WAC 173-351-420, the owner
or operator must continue assessment monitoring in accordance
with this section.
(((6))) (7) If one or more Appendix III constituents are
detected at statistically significant levels above the
groundwater protection standard established under subsection
(((7))) (8) of this section in any sampling event, the owner
or operator must, within fourteen days of this finding, notify
the jurisdictional health department, the department and all
appropriate local government officials of the increase and
place a notice in the operating record identifying the
Appendix III constituents that have exceeded the groundwater
protection standard. The owner or operator also:
(a) Must characterize the chemical composition of the release, the contaminant fate and transport characteristics; the rate and extent of contamination in all groundwater flow paths by installing additional monitoring wells as necessary;
(b) Must install at least one additional monitoring well
at the facility boundary in the direction of contaminant
migration and sample this well in accordance with subsection
(((2))) (3) of this section;
(c) Must notify all persons who own the land or reside on
the land that directly overlies any part of the plume of
contamination if contaminants have migrated offsite if
indicated by sampling of wells in accordance with subsection
(((6))) (7) of this section; and
(d) Must initiate an assessment, selection, and
implementation of ((corrective measures as required by))
remedial actions in accordance with chapter 173-340 WAC, the
Model Toxics Control Act regulation and continue monitoring in
accordance with the assessment monitoring program pursuant to
this section; or
(e) May demonstrate that a source other than a MSWLF unit
caused the contamination, or that the statistically
significant increase resulted from error in sampling,
analysis, statistical evaluation, or natural variation in
groundwater quality. A report documenting this demonstration
must be prepared by a ((hydrogeologist or other qualified
groundwater scientist and)) geologist or other licensed
professional in accordance with the requirements of chapter 18.220 RCW, Geologists, approved by the jurisdictional health
department, and placed in the operating record. If a
successful demonstration is made the owner or operator must
continue monitoring in accordance with the assessment
monitoring program pursuant to this section, and may return to
detection monitoring if the Appendix III constituents are at
or below background as specified in subsection (((4))) (5) of
this section. Until a successful demonstration is made, the
owner or operator must comply with this subsection (((6))) (7)
including initiating an assessment of ((corrective measures))
remedial actions.
(((7))) (8) The owner or operator:
(a) Must establish a groundwater protection standard using the groundwater quality criteria of chapter 173-200 WAC; and
(b) For constituents for which the background level is higher than the protection standard identified under (a) of this subsection, must use the background concentration for the constituents established from wells in accordance with WAC 173-351-405 through 173-351-430.
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-440, filed 10/26/93, effective 11/26/93.]
(a) An alternate groundwater monitoring frequency for
sampling and analysis of Appendix I and II constituents ((of
no less than semiannual monitoring));
(b) A deletion of Appendix I, II, and III constituents or
alternate groundwater monitoring constituents ((for Appendix
I, II and III));
(c) An appropriate subset of wells to be sampled and analyzed for Appendix III under WAC 173-351-440(2).
(2) All proposed changes in groundwater monitoring
frequency must be no less than semiannually for detection
((groundwater)) monitoring and no less than quarterly for
assessment monitoring. The owner or operator must apply for a
permit modification under WAC 173-351-720(((5))) (6) or must
apply during the renewal process of WAC 173-351-720 (((1)(i)))
(5) for changes in groundwater monitoring frequency making a
demonstration based on the following information:
(a) A characterization of the hydrostratigraphic unit(s) including the unsaturated zone, transmissive and confining units and include all of the following:
(i) Hydraulic conductivity; and
(ii) Groundwater flow rates.
(b) Minimum distance between upgradient edge of the MSWLF unit and downgradient monitoring wells (minimum distance of travel); and
(c) Contaminant fate and transport characteristics.
(3) The owner or operator must apply for a permit
modification under WAC 173-351-720(((5))) (6) or must apply
during the renewal process of WAC 173-351-720 (((1)(i))) (5)
for all proposed deletions or changes to groundwater
monitoring constituents of Appendix I, II, and III based on
all of the following information:
Verification that the removed constituents are not reasonably expected to be in or derived from the waste contained in the unit, by:
(a) Leachate monitoring results consisting of those
parameters listed in Appendix ((IV;)) I and II for deletions
or changes to detection monitoring and Appendix III for
assessment monitoring. All leachate monitoring ((shall)) must
be quarterly unless otherwise approved by the jurisdictional
health department and the department;
(b) The types, quantities, and concentrations of constituents in wastes managed at the MSWLF unit;
(c) The mobility, stability, and persistence of waste constituents or their reaction products in the unsaturated zone beneath the MSWLF unit;
(d) The detectability of indicator parameters, waste constituents, and reaction products in the groundwater; and
(e) The concentration or values and coefficients of variation of monitoring parameters or constituents in the groundwater background.
(4) Multiunit groundwater monitoring systems.
An owner or operator may propose during the permitting
process of WAC 173-351-700 or through the permit modification
process of WAC 173-351-720(6) a multiunit groundwater
monitoring system instead of separate groundwater monitoring
systems for each MSWLF unit, including MSWLF units which were
closed in accordance with chapter 173-351, 173-304, or 173-301
WAC ((when the facility has several MSWLF units, provided)).
The multiunit system must meet((s)) all of the requirements of
WAC 173-351-400 through WAC 173-351-490 and will be as
protective of human health and environment as individual
groundwater monitoring systems for each MSWLF unit. Permit
approval for multiunit groundwater monitoring systems and
programs will be based on the ability to provide early warning
detection of any contaminant releases including:
(a) Number, spacing, and orientation of the MSWLF units;
(b) Hydrogeologic setting;
(c) Site history;
(d) Engineering design of the MSWLF units;
(e) Type of waste accepted at the MSWLF units; and
(f) Leachate analysis as referenced in subsection (3)(a) of this section for MSWLF units with leachate collection systems.
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-450, filed 10/26/93, effective 11/26/93.]
(1) May ((participate)) provide input to the department
in ((all)) negotiations, meetings, and correspondence between
the ((owner and operator)) potentially liable person(s) and
the department in implementing the Model Toxics Control
((action)) Act, chapter 70.105D RCW;
(2) May comment upon and participate in all decisions
made by the department in assessing, choosing, and
implementing a ((corrective)) remedial action program;
(3) ((Shall)) Must require the owner or operator to
continue closure and post-closure activities as appropriate
under these rules, after ((corrective)) remedial action
measures are completed; and
(4) ((Shall)) Must continue to regulate all MSWLF units
during construction, operation, closure and post-closure, that
are not ((directly impacted by Model Toxics Control Act))
exempt from procedural requirements under chapter 70.105D RCW.
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-460, filed 10/26/93, effective 11/26/93.]
| (( |
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-465, filed 10/26/93, effective 11/26/93.]
(1) The model ((shall)) must have supporting
documentation that establishes its ability to represent
groundwater flow and contaminant transport and any history of
previous applications;
(2) The set of equations representing groundwater movement and contaminant transport must be theoretically sound and well documented;
(3) The numerical solution methods must be based upon sound mathematical principles and be supported by verification and checking techniques;
(4) The model must be calibrated and verified against site-specific field data;
(5) A sensitivity analysis ((shall)) must be conducted to
measure the model's responses to changes in the values
assigned to major parameters, specified tolerances, and
numerically assigned space and time discretizations;
(6) Mass balance calculations on selected elements in the
model ((shall)) must be performed to verify physical validity.
Where the model does not prescribe the amount of mass
entering the system as a boundary condition, this step may be
ignored;
(7) The values of the model's parameters requiring site
specific data ((shall)) must be based upon actual field or
laboratory measurements; and
(8) The values of the model's parameters which do not
require site specific data ((shall)) must be supported by
laboratory test results or equivalent methods documenting the
validity of the chosen parameter values.
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-480, filed 10/26/93, effective 11/26/93.]
(a) Examine existing site conditions for compliance with
groundwater and surface water location restrictions under WAC 173-351-130 ((and)), 173-351-140, and 173-351-300(7);
(b) Determine existing or background groundwater quality conditions, including any groundwater contamination; and
(c) Define a detection groundwater monitoring program capable of immediate and early warning detection for potential contamination as required in WAC 173-351-400 and the information required in subsection (2) of this section.
(2) The hydrogeologic report contents ((shall)) must
include the following information:
(a) A summary of local and regional geology and hydrology, including faults, zones of joint concentrations, unstable slopes and subsidence areas on site; areas of groundwater recharge and discharge; stratigraphy; erosional and depositional environments and facies interpretation(s);
(b) A borehole program which identifies all performance criteria of WAC 173-351-405 including lithology, soil/bedrock types and properties, preferential groundwater flow paths or zones of higher hydraulic conductivity, the presence of confining unit(s) and geologic features such as fault zones, cross-cutting structures etc., and the target hydrostratigraphic unit(s) to be monitored. The borehole program must meet the following standards:
(i) A minimum of twenty subsurface borings is required
for MSWLF sites which are 50 acres or less in aerial extent. For sites greater than fifty acres, twenty borings, plus three
borings for each additional ten acres thereafter, is required.
Soil borings ((shall)) must be established in a grid pattern
with a boring in each major geomorphic feature such as
topographic divides and lowlands;
(ii) Each boring will be of sufficient depth below the
proposed grade of the bottom liner as to identify soil,
bedrock and hydrostratigraphic unit(s) conditions as required
in WAC 173-351-405((.));
(iii) The jurisdictional health department ((and)), with
the written concurrence of the department, may approve
alternate methods including geophysical techniques, either
surface or downhole including electric logging, ((some)) sonic
logging, nuclear logging, seismic profiling, electromagnetic
profiling and resistivity profiling in lieu of some of the
number of borings required in the subsurface borehole program
of (b)(i) of this subsection, provided sufficient
hydrogeological site characterization can be accomplished and
prior approval is obtained((.));
(iv) ((At)) Each boring sample((s shall)) must be
collected from each lithologic unit and tested for all of the
following:
(A) Particle size distribution by both sieve and hydrometer analyses in accordance with approved ASTM methods (D422 and D1120);
(B) Atterburg limits following approved ASTM methods (D4318); and
(C) Classification under the unified soil classification system, following ASTM standard D2487-85.
(((iv))) (v) Each lithologic unit on site will be
analyzed for:
(A) Moisture content, following approved ASTM methods (D2216); and
(B) Hydraulic conductivity by an in-situ field method or
laboratory method approved by the jurisdictional health
department and the department. All samples collected for the
determination of permeability ((shall)) must be collected by
standard ASTM procedures.
(((v))) (vi) All boring logs ((shall)) must be submitted
with the following information:
(A) Soil and rock descriptions and classifications;
(B) Method of sampling;
(C) Sample depth;
(D) Date of boring;
(E) Water level measurements;
(F) Soil test data;
(G) Boring location; and
(H) Standard penetration number of ASTM standard D1586-67.
(((vi))) (vii) All borings not converted to monitoring
wells or piezometers ((shall)) must be carefully backfilled,
plugged and recorded in accordance with WAC 173-160-420((.));
(((vii))) (viii) During the borehole drilling program,
any on-site drilling and lithologic unit identification must
be performed by a ((hydrogeologist,)) geologist or other
((qualified groundwater scientist)) licensed professional in
accordance with the requirements of chapter 18.220 RCW,
Geologists, who is trained to sample and identify soils and
bedrock lithology.
(c) Depths to groundwater and hydrostratigraphic unit(s) including transmissive and confining units;
(d) Potentiometric surface elevations and contour maps; direction and rate of horizontal and vertical groundwater flow;
(e) A description of regional groundwater trends including vertical and horizontal flow directions and rates;
(f) All elevations and top of well casings ((shall)) must
be related to the ((national geodetic)) North American
vertical datum of ((1929 (NGVD 29))) 1988 (NAVD88) and the
horizontal datum ((shall)) must be in accordance with chapter 58.20 RCW, Washington Coordinate System and as amended per
chapter 332-130 WAC((.));
(g) Quantity, location, and construction (where available) of private and public wells within a two thousand foot (six hundred ten meter) radius of site;
(h) Tabulation of all water rights for groundwater and surface water within a two thousand foot (six hundred ten meter) radius of the site;
(i) Identification and description of all surface waters within a one-mile (1.6 kilometer) radius of the site;
(j) A summary of all previously collected groundwater and
surface water analytical data, and for expanded facilities,
identification of impacts ((of)) from the existing facility
((of the applicant to date upon)) on ground and surface waters
((from landfill leachate discharges));
(k) Calculation of a site water balance;
(l) Conceptual design of a groundwater and surface water
monitoring system, including proposed installation methods for
((these)) all devices and well construction diagrams, and
where applicable a vadose zone monitoring plan((, including
well construction diagrams));
(m) Land use in the area, including nearby residences;
((and))
(n) A topographic map of the site and drainage patterns; an outline of the waste management area and MSWLF units, property boundary, the proposed location of groundwater monitoring wells; and
(o) Geologic cross-sections.
(3) Groundwater flow path analysis. The hydrogeologic
report ((shall)) must include a summary groundwater flow path
analysis which includes all supportive documentation, and
calculations of the performance criteria of WAC 173-351-405.
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-490, filed 10/26/93, effective 11/26/93.]
(a) ((Nonarid areas.)) Owners or operators of all MSWLF
((units located in areas having mean annual precipitation of
equal to or greater than twelve inches,)) must install a final
cover system that is designed to minimize infiltration and
erosion.
(i) The final cover system must be designed and constructed to:
(A) Have a permeability less than or equal to the permeability of any bottom liner system and natural subsoils present, and minimize infiltration through the closed MSWLF by the use of an anti-infiltration layer that contains a composite layer as defined in (a)(i)(B) of this subsection;
(B) For the purpose of this section, "composite layer" means a system consisting of two components; the upper component must consist of a minimum of 30 mil (0.76 mm) thickness of geomembrane (60 mils (1.5 mm) for high density polyethylene geomembranes). The lower component must consist of at least a two-foot (60 cm) layer of compacted soil with a hydraulic conductivity of no more than 1X10-5 cm/sec. The geomembrane must be installed in direct and uniform contact with the compacted soil component;
(C) Minimize erosion of the final cover by use of an anti-erosion layer that contains a minimum of a one-foot (30 cm) layer of earthen material of which at least six inches (15 cm) of the uppermost layer is capable of sustaining native plant growth; and
(D) Address anticipated settlement (with a goal of achieving no less than two to five percent slopes after settlement), drainage and/or the need for drainage layers, gas generation and/or the need for gas layers, freeze-thaw, desiccation and stability and mechanical strength of the design.
(ii) The jurisdictional health department, with the written concurrence of the department, may approve an alternative final cover design equivalent to that specified in (a)(i) of this subsection that includes:
(A) An anti-infiltration layer that has a permeability
less than or equal to the permeability of any bottom liner
system and natural subsoils present, and achieves an
equivalent reduction in infiltration as ((the)) an
anti-infiltration layer ((specified in (a)(i)(A) and (B) of
this subsection)) with a permeability no greater than 1x10-5
cm/sec containing at least two feet (60 cm) of earthen
material;
(B) An anti-erosion layer that provides equivalent
protection from wind and water erosion as ((the anti-erosion
layer specified in (a)(i)(C) of this subsection)) a layer that
contains a minimum of one foot (30 cm) of earthen material of
which at least six inches (15 cm) of the uppermost layer is
capable of sustaining native plant growth; and
(C) The additional design features of (a)(i)(D) of this subsection.
(b) ((Arid areas. Owners or operators of all MSWLF units
located in arid areas must install a final cover system that
is designed to minimize infiltration and erosion.
(i) The final cover system must be designed and constructed to:
(A) Minimize infiltration through the closed MSWLF by the use of an anti-infiltration layer that contains at least a two-foot (60 cm) layer of compacted soil with a hydraulic conductivity of no more than 1X10-5 cm/sec;
(B) Minimize erosion of the final cover by use of an anti-erosion layer that contains a minimum of one-foot (30 cm) layer of earthen material of which at least six inches (15 cm) of the uppermost layer is capable of sustaining native plant growth; and
(C) Address anticipated settlement (with a goal of reaching two to five percent slopes after settlement), drainage and/or the need for drainage layers, gas generation and/or the need for gas layers, freeze-thaw, desiccation and stability and mechanical strength of the design.
(ii) The jurisdictional health department may approve an alternative final cover design to that specified in (b)(i) of this subsection that includes:
(A) An anti-infiltration layer that achieves an equivalent reduction in infiltration as the anti-infiltration layer specified in (b)(i)(A) of this subsection;
(B) An anti-erosion layer that provides equivalent protection from wind and water erosion as the anti-erosion layer specified in (b)(i)(B) of this subsection; and
(C) The additional design features of (b)(i)(C) of this subsection.
(c))) The owner or operator must prepare a written
closure plan that describes the steps necessary to close all
MSWLF units at any point during its active life. The closure
plan must be submitted to and approved by the jurisdictional
health department during the permit process of ((Section 700))
WAC 173-351-700 or through the permit modification process of
WAC 173-351-720(6) and((, at a minimum,)) must include the
following information:
(i) A description of the final cover, designed in
accordance with (a) ((or (b))) of this subsection and the
methods and procedures to be used to install the cover;
(ii) An estimate of the largest area of the MSWLF unit or
all MSWLF units ever requiring a final cover as required under
(a) ((or (b))) of this subsection at any time during the
active life;
(iii) An estimate of the maximum inventory of wastes ever on-site over the active life of the facility; and
(iv) A schedule for completing all activities necessary
to satisfy the closure criteria in this subsection (((1),
Closure criteria)) including sequencing of each MSWLF unit and
the use of intermediate cover.
(((d))) (c) The owner or operator of existing MSWLF units
must no later than ((the effective date of this chapter))
November 26, 1993:
(i) Prepare a closure plan;
(ii) Place the closure plan in the operating record; and
(iii) Notify the jurisdictional health department that
(((d))) (c)(i) and (ii) of this subsection have occurred.
(((e))) (d) One hundred eighty days (but no sooner than
((the effective date of this chapter)) November 26, 1993)
prior to beginning closure activities of each MSWLF unit or
all MSWLF units as specified in (((f))) (e) of this
subsection, the owner or operator must:
(i) Notify the jurisdictional health department and the financial assurance trustee and/or insurer of the intent to close the MSWLF unit or all MSWLF units according to the approved closure plan; and
(ii) Submit final engineering closure plans for review, comment, and approval by the jurisdictional health department.
(((f))) (e) The owner or operator must begin closure
activities of each MSWLF unit or all MSWLF units in accordance
with the closure plan no later than thirty days after the date
on which the MSWLF unit or all MSWLF units receives the known
final receipt of wastes ((or, if)). If the MSWLF unit or all
MSWLF units has remaining capacity and there is a reasonable
likelihood that the MSWLF unit or all MSWLF units will receive
additional wastes, the owner or operator must begin closure
activities no later than one year after the most recent
receipt of wastes. Extensions beyond the one-year deadline
for beginning closure may be granted by the jurisdictional
health department if the owner or operator demonstrates during
the permit process of WAC 173-351-700 or through the permit
modification process of WAC 173-351-720(6) that the MSWLF unit
or all MSWLF units has the capacity to receive additional
waste and the owner or operator has taken and will continue to
take all steps including the application of intermediate cover
necessary to prevent threats to human health and the
environment from the unclosed MSWLF unit or all MSWLF units.
(((g))) (f) The owner or operator of all MSWLF units must
complete closure activities of each MSWLF unit or all MSWLF
units in accordance with the closure plan within one hundred
eighty days following the beginning of closure as specified in
(((f))) (e) of this subsection. Extensions of the closure
period may be granted by the jurisdictional health department
if the owner or operator demonstrates that closure will, of
necessity, take longer than one hundred eighty days and he/she
has taken and will continue to take all steps to prevent
threats to human health and the environment from the unclosed
MSWLF unit.
(((h))) (g) Following closure of each MSWLF unit or all
MSWLF units, the owner or operator must submit to the
jurisdictional health department a certification or
declaration of construction signed by an independent
registered professional engineer verifying that closure has
been completed in accordance with the approved final
engineering plans and the closure plan.
(((i) Notation on the deed.
(i))) (h) Environmental covenant. Following closure of
all MSWLF units, the owner or operator must ((record a
notation on the deed to the facility property, and send a copy
of the notation as recorded to the jurisdictional health
department.
(ii) The notation on the deed must in perpetuity notify any potential purchaser of the property that:
(A) The land has been used as a landfill facility; and
(B) Its use is restricted under subsection (2)(c)(iii) of this section.
(j) The owner or operator may request permission from the jurisdictional health department to remove the notation from the deed if all wastes (including any contaminated groundwater and soils) are removed from the facility.)) file an environmental covenant conforming to the procedures and requirements of chapter 64.70 RCW, Uniform Environmental Covenants Act. Unless waived in writing by the department, the environmental covenant shall be in a form approved by the department and include at a minimum the following provisions:
(i) State that the document is an environmental covenant executed pursuant to chapter 64.70 RCW;
(ii) Contain a legally sufficient description of the real property subject to the covenant;
(iii) Designate the department, or other person approved by the department, as the holder of the covenant;
(iv) Be signed by the department, every holder, and, unless waived by the department, every owner of a fee simple interest in the real property subject to the covenant;
(v) Identify the name and location of the administrative record for the property subject to the environmental covenant;
(vi) Describe with specificity the activity or use limitations on the real property subject to the covenant. At a minimum, this shall prohibit uses and activities that:
(A) Threatens the integrity of any cover, waste containment, storm water control, gas, leachate, public access control, or environmental monitoring systems;
(B) May interfere with the operation and maintenance, monitoring, or other measures necessary to assure the integrity of the MSWLF unit and continued protection of human health and the environment; and
(C) May result in the release of solid waste constituents or otherwise exacerbate exposures.
(i) Grant the department and the jurisdictional health department the right to enter the property at reasonable times for the purpose of evaluating compliance with the environmental covenant, including the right to take samples.
(2) Post-closure care requirements.
(a) Following closure of each MSWLF unit or all MSWLF
units, the owner or operator must conduct post-closure care. Post-closure care must be conducted for thirty years((,
except)) or as long as necessary for the landfill to become
functionally stable. A landfill is functionally stable when
it does not present a threat to human health or the
environment at the point of exposure for humans or
environmental receptors. The point of exposure is identified
as the closest location at which a receptor could be exposed
to contaminants and receive a dose by a credible pathway from
the MSWLF unit. Potential threats to human health or the
environment are assessed by considering leachate quality and
quantity, landfill gas production rate and composition, cover
system integrity, and groundwater quality. The post-closure
care period may be adjusted as provided under (b) of this
subsection ((and)). Post-closure care must consist of at
least the following:
(i) Maintaining the integrity and effectiveness of any final cover, including making repairs to the cover as necessary to correct the effects of settlement, subsidence, erosion, maintaining the vegetative cover (including cutting of vegetation when needed) or other events, and preventing run-on and runoff from eroding or otherwise damaging the final cover;
(ii) Maintaining and operating the leachate collection system in accordance with the requirements in WAC 173-351-300 if applicable. The jurisdictional health department may recommend to the department and the department under its authority in chapter 90.48 RCW, the Water Pollution Control Act, may allow the owner or operator to stop managing leachate if the owner or operator demonstrates that leachate no longer poses a threat to human health and the environment;
(iii) Monitoring the groundwater in accordance with the
requirements of WAC 173-351-400((, Groundwater monitoring
systems and corrective action)) and maintaining the
groundwater monitoring system((, if applicable)); and
(iv) Maintaining and operating the gas monitoring system in accordance with the requirements of WAC 173-351-200(4).
(b) The length of the post-closure care period may be:
(i) Decreased by the jurisdictional health department if the owner or operator demonstrates that the reduced period is sufficient to protect human health and the environment and this demonstration is approved by the jurisdictional health department; or
(ii) Increased by the jurisdictional health department if
the jurisdictional health department determines that the
lengthened period is necessary to protect human health and the
environment((.));
(iii) The jurisdictional health department and owner or operator will consider at least the following factors when determining when a landfill unit is functionally stable or whether to decrease or increase the post-closure care period:
(A) Leachate. Leachate production and quality must be such that maintenance and operation of the leachate collection system can be ceased beyond the post-closure care period without posing a threat to human health or the environment.
(B) Landfill gas. Landfill gas production and composition must be such that maintenance and operation of the gas collection system can be ceased beyond the post-closure care period while meeting the criteria in WAC 173-351-200 (4)(a)(i) through (iii) and not pose a threat to human health or the environment from methane or nonmethane compounds.
(C) Settlement and cover integrity. The cover system must attain geotechnical stability for slope and settlement. Vegetation and other erosion controls must prevent exposing waste or otherwise threaten integrity of the cover system. The cover system must stabilize such that no additional care is required beyond the post-closure care period to ensure its integrity from settlement or erosion.
(D) Groundwater quality. Groundwater quality must remain in compliance with the protection standards established in WAC 173-351-440(8) at the relevant point of compliance.
(c) The owner or operator of all MSWLF units must prepare
and submit a written post-closure plan ((that is approved by))
to the jurisdictional health department ((during)) through the
permit process of ((Section 700 and)) WAC 173-351-700 or
through the permit modification process of WAC 173-351-720(6)
that includes((, at a minimum,)) the following
information((:)). Owners or operators must prepare and submit
modifications to existing post-closure plans to incorporate
the criteria in (b)(iii) of this subsection or environmental
covenants in subsection (1)(h) of this section by November 1,
2013.
(i) A description of the monitoring and maintenance activities required in (a) of this subsection for each MSWLF unit or all MSWLF units, and the frequency at which these activities will be performed;
(ii) A description of the monitoring performed and an estimate of the time required following closure of each MSWLF unit or all MSWLF units to meet the criteria in (b)(iii) of this subsection;
(iii) Name, address, and telephone number of the person or office to contact about the facility during the post-closure period; and
(((iii))) (iv) A description of the planned uses of the
property during the post-closure period and activity or use
limitations placed on the real property by the environmental
covenant (1)(h) of this section. Post-closure use of the
property ((shall)) must not disturb the integrity of the final
cover, liner(s), or any other components of the containment
system, or the function of the monitoring or control systems
unless necessary to comply with the requirements of this
regulation. The jurisdictional health department may approve
any other disturbance if the owner or operator demonstrates
that disturbance of the final cover, liner or other component
of the containment system, including any removal of waste,
will not increase the potential threat to human health or the
environment.
(d) ((The owner or operator of existing MSWLF units must
notify the jurisdictional health department that a
post-closure plan has been prepared and placed in the
operating record no later than the effective date of this
regulation.
(e))) Following completion of the post-closure care
period for each MSWLF unit or all MSWLF units, the owner or
operator must submit to the jurisdictional health department
((and the financial assurance trustee and/or insurer)) a
certification or declaration of construction signed by an
independent ((registered)) licensed professional engineer
verifying that post-closure has been completed in accordance
with the post-closure plan.
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-500, filed 10/26/93, effective 11/26/93.]
(a) The requirements of this section apply to owners and operators of all MSWLF units.
(b) The requirements of this section are effective on the
effective date of this rule((, except as provided herein)).
(2) Financial assurance for closure.
(a) The owner or operator must have a detailed written
estimate, in current dollars, of the cost of hiring a third
party under a contract subject to chapter 39.12 RCW,
Prevailing wages on public works, to close the largest area of
all MSWLF units ever requiring a final cover as required under
WAC 173-351-500(1), Closure criteria, at any time during the
active life in accordance with the closure plan. The owner or
operator must ((place)) submit the detailed written estimate
for approval by the jurisdictional health department in the
application for a permit under WAC 173-351-700 ((in order for
the jurisdictional health department to determine whether a
solid waste permit should be issued)) or through the permit
modification process of WAC 173-351-720(6).
(i) The cost estimate must equal the cost of closing the
largest area of ((the MSWLF unit or)) all MSWLF units ever
requiring a final cover at any time during the active life
when the extent and manner of its operation would make closure
the most expensive, as indicated by ((its)) the closure plan
((see)) as required in WAC 173-351-500 (1)(((c)))(b)(ii).
(ii) During the active life of ((the MSWLF unit or)) all
MSWLF units, the owner or operator must annually adjust the
closure cost estimate for inflation.
(iii) The owner or operator must increase the closure cost estimate and the amount of financial assurance provided under (b) of this subsection if changes to the closure plan or MSWLF unit conditions increase the maximum cost of closure at any time during the remaining active life.
(iv) The owner or operator may reduce the closure cost
estimate and the amount of financial assurance provided under
(b) of this subsection if the cost estimate exceeds the
maximum cost of closure at any time during the remaining life
of ((the MSWLF unit or)) all MSWLF units. The owner or
operator must submit justification for the reduction of the
closure cost estimate and the amount of financial assurance to
the jurisdictional health department for approval as a
condition of the solid waste permit.
(b) The owner or operator of each MSWLF unit ((or all
MSWLF units)) must establish financial assurance for closure
of the MSWLF unit ((or all MSWLF units)) in compliance with
((WAC 173-351-600(5), Allowable mechanisms)) subsection (5) of
this section. The owner or operator must provide continuous
coverage for closure until released from financial assurance
requirements by demonstrating compliance with WAC 173-351-500
(1)(((h))) (g) and (((i))) (h).
(3) Financial assurance for post-closure care.
(a) The owner or operator must have a detailed written
estimate, in current dollars, of the cost of hiring a third
party under a contract subject to chapter 39.12 RCW,
Prevailing wages on public works, to conduct post-closure care
for ((the MSWLF unit or)) all MSWLF units in compliance with
the post-closure plan developed under WAC 173-351-500(2). The
post-closure cost estimate ((used to demonstrate, during the
permit process of WAC 173-351-700, financial assurance in (b)
of this subsection)) must account for the total costs of
conducting post-closure care, including annual and periodic
costs as described in the post-closure plan over the entire
post-closure care period. The owner or operator must
((place)) submit the detailed written estimate for approval by
the jurisdictional health department in the application for a
permit under WAC 173-351-700 ((in order for the jurisdictional
health department to determine whether a solid waste permit
should be issued)) or through the permit modification process
of WAC 173-351-720(6).
(i) The cost estimate for post-closure care must be based on the most expensive costs of post-closure care during the post-closure care period.
(ii) During the active life of ((the)) each MSWLF unit
((or all MSWLF units)) and during the post-closure care
period, the owner or operator must annually adjust the
post-closure cost estimate for inflation.
(iii) The owner or operator must increase the post-closure care cost estimate and the amount of financial assurance provided under (b) of this subsection if changes in the post-closure plan or MSWLF unit conditions increase the maximum costs of post-closure care.
(iv) The owner or operator may reduce the post-closure cost estimate and the amount of financial assurance provided under (b) of this subsection if the cost estimate exceeds the maximum costs of post-closure care remaining over the post-closure care period. The owner or operator must submit justification for the reduction of the post-closure cost estimate and the amount of financial assurance to the jurisdictional health department for approval as a condition of the solid waste permit.
(b) The owner or operator of each MSWLF unit ((or all
MSWLF units)) must establish, in a manner in accordance with
subsection (5) of this section, financial assurance for the
costs of post-closure care as required under WAC 173-351-500(2). The owner or operator must provide continuous
coverage for post-closure care until released from financial
assurance requirements for post-closure care by demonstrating
compliance with WAC 173-351-500 (2)(e).
(4) Financial assurance for ((corrective)) remedial
action.
(a) An owner or operator of a MSWLF unit ((or all MSWLF
units)) required to undertake a ((corrective)) remedial action
program under WAC 173-351-440(((6))) (7) must have a detailed
written estimate, in current dollars, of the cost of hiring a
third party under a contract subject to chapter 39.12 RCW,
Prevailing wages on public works, to perform the
((corrective)) remedial action in accordance with the program
required under WAC 173-351-440(((6))) (7). The ((corrective))
remedial action cost estimate must account for the total costs
of ((corrective)) remedial action activities as described in
the ((corrective)) cleanup action plan for the entire
((corrective)) remedial action period. Cost estimates are not
required for interim actions when the estimated time required
to complete the interim action is less than the remaining
active life of the MSWLF unit. The owner or operator must
submit the ((corrective)) remedial action cost estimate to the
((jurisdictional health)) department for approval.
(i) The owner or operator must annually adjust the
estimate for inflation until the ((corrective)) remedial
action program is completed in accordance with WAC 173-351-440(((6))) (7).
(ii) The owner or operator must increase the
((corrective)) remedial action cost estimate and the amount of
financial assurance provided under (b) of this subsection if
changes in the ((corrective)) remedial action program or MSWLF
unit conditions increase the maximum costs of ((corrective))
remedial action.
(iii) The owner or operator may reduce the amount of the
((corrective)) remedial action cost estimate and the amount of
financial assurance provided under (b) of this subsection if
the cost estimate exceeds the maximum remaining costs of
((corrective)) remedial action. The owner or operator must
submit justification for the reduction of the ((corrective))
remedial action cost estimate and the amount of financial
assurance to the ((jurisdictional health)) department for
approval.
(b) The owner or operator of each MSWLF unit ((or all
MSWLF units)) required to undertake a ((corrective)) remedial
action program under WAC 173-351-440(((6))) (7), must
establish, in a manner in accordance with subsection (5) of
this section, financial assurance for the ((most recent
corrective)) costs of remedial actions identified in the
cleanup action ((program)) plan. The owner or operator must
provide continuous coverage for ((corrective)) remedial action
until released from ((financial assurance requirements for
corrective)) remedial action under the Model Toxics Control
Act regulation, chapter 173-340 WAC. Financial assurance is
not required for interim actions when the estimated time
required to complete the interim action is less than the
remaining active life of the MSWLF unit.
(((c) The requirements of this subsection become
effective April 9, 1994.))
(5) Allowable mechanisms. ((The mechanisms used to
demonstrate financial assurance under WAC 173-351-600 must
ensure that the funds necessary to meet the costs of closure,
post-closure care, and corrective action for known releases
will be available whenever they are needed. Except as
otherwise provided herein, owners and operators of MSWLF units
must use the financial mechanisms specified in (a) or (b) of
this subsection.
(a) For MSWLF units owned or operated by municipal corporations, the closure, post-closure, and corrective action reserve account shall be handled in one of the following ways:
(i) Reserve account. Cash and investments accumulated and restricted for closure, post-closure, and corrective action for known releases with an equivalent amount of fund balance reserved in the fund accounting for solid waste activity; or
(ii) The cash and investments held in a nonexpendable trust fund as specified in (c) of this subsection.
(b) For MSWLF units owned by private disposal companies, the closure, post-closure, and corrective action for known releases financial assurance account shall be a trust account as spelled out in (c) of this subsection, except that established financial assurance accounts shall not constitute an asset of the facility owner or operator.
(c))) Owners and operators of MSWLF units must use the financial mechanisms specified in (a), (b), or (c) of this subsection.
(a) Municipal corporations owning or operating MSWLF units must establish closure, post-closure, and remedial action reserve accounts in one of the following ways:
(i) Reserve account. Cash and investments accumulated in a reserve fund restricted for the purpose of closure, post-closure care, or remedial action for known releases;
(ii) Cash and investments in a trust fund;
(iii) Surety bond(s);
(iv) Letter of credit; or
(v) Municipal corporations may satisfy the financial assurance requirements of this section for remedial action in one of the following additional ways:
(A) An interlocal agreement entered into under the Interlocal Cooperation Act, chapter 39.34 RCW, obligating the participating local governments to pay for the remedial action; and
(B) Local government financial test in conformance with 40 C.F.R. 258.74(f). All records required under 40 C.F.R. Part 358.74 (f)(3) must be submitted to the jurisdictional health department and the department.
(b) Private companies owning or operating MSWLF units must establish closure, post-closure, and remedial action financial assurance in one of the following ways:
(i) Cash or investments in a trust fund;
(ii) Surety bond(s);
(iii) Letter of credit.
(c) Use of multiple financial mechanisms. An owner or operator may satisfy the requirements of this section by establishing more than one financial mechanism per facility. The mechanisms must be as specified in (a) and (b) of this subsection, except that it is the combination of mechanisms, rather than the single mechanism, which must provide financial assurance for an amount at least equal to the current cost estimate for closure, post-closure, or remedial action, whichever is applicable. Mechanisms guaranteeing performance rather than payment may not be combined with other instruments.
(d) The language of the financial assurance mechanisms listed in this section must ensure that the instruments satisfy the following criteria:
(i) The amount of funds assured is sufficient to cover the costs of closure, post-closure, and remedial action for known releases when needed;
(ii) The funds will be available in a timely fashion when needed; and
(iii) The owner or operator must obtain financial assurance by the effective date of these requirements or prior to the initial receipt of solid waste for closure and post-closure, and no later than one hundred twenty days after establishment of the cleanup action plan for remedial action.
(e) The financial assurance mechanisms must be legally valid, binding, and enforceable under state and federal law.
(f) An owner or operator satisfying the requirements of this section using a reserve account or trust fund must file with the jurisdictional health department and the department audit reports of the financial assurance accounts established for closure, post-closure, and remedial action, and a statement of the percentage of user fees, as applicable, diverted to the financial assurance instruments:
(i) For facilities owned and operated by municipal corporations, the financial assurance accounts must be audited according to the audit schedule of the office of state auditor. A certification of audit completion and summary findings must be filed with the jurisdictional health department and the department, including during the post-closure care period and while required to undertake remedial action.
(ii) For facilities not owned or operated by municipal corporations:
(A) Annual audits must be conducted by a certified public accountant licensed in the state of Washington. A certification of audit completion and summary findings must be filed with the jurisdictional health department and the department, including during the post-closure care period and while required to undertake remedial action.
(B) The audit must also include, as applicable, calculations demonstrating the proportion of closure, post-closure, or remedial action activities completed during the preceding year as specified in the closure, post-closure, or cleanup action plans.
(6) Financial assurance instruments established under this section must meet the following criteria.
(a) Trust fund. An owner or operator may satisfy the
requirements of this section by establishing a trust fund
which conforms to the requirements of (((c))) (a)(i) through
(((xi))) (viii) of this subsection.
(i) The trustee must be an entity which has the authority
to act as a trustee and whose trust operations are regulated
and examined by a federal or state agency. The owner or
operator must place a copy of the trust agreement for approval
by the jurisdictional health department in the application for
a permit under WAC 173-351-700 ((in order for the
jurisdictional health department to determine whether a solid
waste permit should be issued)) or through the permit
modification process of WAC 173-351-720(6) for closure and
post-closure financial assurance and to the department for
approval for remedial action financial assurance.
(ii) Pay-in period. Payments into the trust fund must be
made annually by the owner or operator over the duration (as
defined in WAC 173-351-750) of the initial or reissued permit
or over the remaining life of the MSWLF unit ((or all MSWLF
units)), whichever is shorter, in the case of a trust fund for
closure or post-closure care, or over one-half of the
estimated length of the ((corrective)) remedial action program
in the case of ((corrective)) remedial action for known
releases. This period is referred to as the pay-in period.
(iii) For a trust fund used to demonstrate financial
assurance for closure and post-closure care, the first payment
into ((each)) the fund must be at least equal to the current
cost estimate for closure or post-closure care, except when
using multiple mechanisms as provided in (((d))) subsection
(5)(c) of this ((subsection)) section, divided by the number
of years in the pay-in period as defined in (((c))) (a)(ii) of
this subsection. The amount of subsequent payments must be
determined by the following formula:
Next Payment |
= |
CE-CV | ||
| Y |
(iv) For a trust fund used to demonstrate financial
assurance for ((corrective)) remedial action, the first
payment into the trust fund must be at least equal to one-half
of the current cost estimate for ((corrective)) remedial
action, except when using multiple mechanisms as provided in
(((d))) subsection (5)(c) of this ((subsection)) section,
divided by the number of years in the ((corrective)) remedial
action pay-in period as defined in (((c)))(a)(ii) of this
subsection. The amount of subsequent payments must be
determined by the following formula:
Next Payment |
= |
RB-CV | ||
| Y |
(v) The initial payment into the trust fund must be made
before the initial receipt of waste or before the effective
date of this section, whichever is later, in the case of
closure and post-closure care, or no later than one hundred
twenty days after the ((corrective)) cleanup action ((remedy))
plan has been ((selected)) established in accordance with the
requirements of WAC ((173-351-480)) 173-351-440 (6) and (7).
(vi) If ((a municipal corporation owning or operating
MSWLF units)) the owner or operator establishes a trust fund
after having used ((cash and investments held in a
nonexpendable reserve account specified in (a)(i) of)) one or
more alternate mechanisms specified in this subsection, the
initial payment into the trust fund must be at least the
amount that the fund would contain if the trust fund were
established initially and annual payments made according to
the specifications of ((this paragraph and (c))) (a)(iii) and
(iv) of this subsection as applicable.
(vii) The owner or operator, or other person authorized
to conduct closure, post-closure care, or ((corrective))
remedial action activities may request reimbursement from the
trustee for these expenditures. Requests for reimbursement
will be granted by the trustee only if:
(A) Sufficient funds are remaining in the trust fund to
cover the remaining costs of closure, post-closure care, or
((corrective)) remedial action;
(B) If justification and documentation of the cost is submitted to the jurisdictional health department for closure and post-closure or the department for remedial action for review and approval; and
(C) The owner or operator has a post-closure permit in
effect according to WAC ((173-351-730)) 173-351-720 (4)(c).
(viii) The trust fund may be terminated by the owner or operator only if:
(((ix) In the case of a municipal corporation owning or
operating MSWLF units, the municipal corporation)) (A) The
owner or operator substitutes ((a reserve account as specified
in (a)(i) of)) alternate financial assurance as specified in
this subsection; or
(((x) Any)) (B) The owner or operator is no longer
required to demonstrate financial responsibility in accordance
with the requirements of subsection (2)(b), (3)(b), or (4)(b)
of this section.
(((d) Use of multiple financial mechanisms. A municipal
corporation owning or operating MSWLF units may satisfy the
requirements of this section by establishing more than one
financial mechanism per facility. The mechanisms must be as
specified in (a) and (b) of this subsection, except that it is
the combination of mechanisms, rather than the single
mechanism, which must provide financial assurance for an
amount at least equal to the current cost estimate for
closure, post-closure care or corrective action, whichever is
applicable.
(e) For MSWLF units undergoing corrective action, allowable financial assurance mechanisms include:
(i) Any method approved by EPA under 40 CFR 258.74(f);
(ii) An interlocal agreement entered into under the Interlocal Cooperation Act, chapter 39.34 RCW, obligating the participating local governments to pay for the corrective action.
(f) The language of the mechanisms listed in (a) and (b) of this subsection must ensure that the instruments satisfy the following criteria:
(i) The financial assurance mechanisms must ensure that the amount of funds assured is sufficient to cover the costs of closure, post-closure care, and corrective action for known releases when needed;
(ii) The financial assurance mechanisms must ensure that funds will be available in a timely fashion when needed;
(iii) The financial assurance mechanisms must be obtained by the owner or operator by the effective date of these requirements or prior to the initial receipt of solid waste, whichever is later, in the case of closure and post-closure care, and no later than one hundred twenty days after the corrective action remedy has been selected in accordance with the requirements of WAC 173-351-460, until the owner or operator is released from the financial assurance requirements under subsection (2)(b), (3)(b), or (4)(b) of this section.
(g) The financial assurance mechanisms must be legally valid, binding, and enforceable under state and federal law.)) (b) Surety bond guaranteeing payment or performance. An owner or operator may satisfy the requirements of this section with a surety bond guaranteeing payment or performance which conforms to the requirements of (b)(i) through (viii) of this subsection.
(i) The owner or operator must place a copy of the bond and standby trust agreement for approval by the jurisdictional health department in the application for a permit under WAC 173-351-700 or through the permit modification process of WAC 173-351-720(6) for closure and post-closure financial assurance and the department for approval for remedial action financial assurance.
(ii) The surety company must be listed as acceptable in Circular 570 of the United States Treasury Department.
(iii) The penal sum of the bond must be in an amount at least equal to the current closure, post-closure, or remedial action cost estimate except when using multiple financial mechanisms as provided in subsection (5)(d) of this section.
(iv) The surety must become liable for the bond obligation if the owner or operator fails to perform as guaranteed by the bond.
(v) The owner or operator must also establish a standby trust fund meeting the requirements of (6)(a) of this subsection except for specified initial and subsequent annual payments. Payments made under the terms of the bond will be deposited by the surety directly into the standby trust fund. Payments from the trust fund must be approved by the trustee.
(vi) The surety may not cancel the bond until at least one hundred twenty days after the owner or operator, the jurisdictional health department, and the department have received notice of cancellation. If the owner or operator has not provided alternate financial assurance conforming to this section within ninety days of the cancellation notice, the surety must pay the amount of the bond into the standby trust fund.
(vii) The owner or operator may cancel the bond only by substituting alternate financial assurance conforming to this section or if the owner or operator is no longer required to demonstrate financial responsibility in accordance with subjection (2)(b), (3)(b), or (4)(b) of this section.
(viii) The following types of surety bonds are allowed:
(A) Surety bond; or
(B) Surety bond guaranteeing that the owner or operator will perform final closure, post-closure, or remedial action activities.
(c) Irrevocable letter of credit. An owner or operator may satisfy the requirements of this section with an irrevocable letter of credit which conforms to the requirements of (c)(i) through (v) of this subsection. The issuing institution must have the authority to issue letters of credit and its letter of credit operations must be regulated and examined by a federal or state agency.
(i) The owner or operator must also establish a standby trust fund meeting the requirements of (a) of this subsection except for specified initial and subsequent annual payments. Payments made under the terms of the irrevocable letter of credit will be deposited by the institution directly into the standby trust fund. Payments from the trust fund must be approved by the trustee.
(ii) The following must be submitted for approval by the jurisdictional health department in the application for a permit under WAC 173-351-700 for closure and post-closure financial assurance, and to the department for approval for remedial action financial assurance:
(A) The letter of credit;
(B) A letter from the owner or operator referring to the letter of credit by number, issuing institution, and date, and providing the following information: Name, address of the facility, and the amount of funds assured; and
(C) A copy of the standby trust agreement.
(iii) The letter of credit must be irrevocable and issued for a period of at least one year in an amount at least equal to the current closure, post-closure, or remedial action cost estimate except when using multiple financial mechanisms as provided in subsection (5)(d) of this section. The letter of credit must provide that the expiration date will be automatically extended for a period of at least one year unless the issuing institution notifies the owner or operator, the jurisdictional health department, and the department at least one hundred twenty days before the current expiration date.
(iv) If the owner or operator fails to perform activities according to the closure, post-closure, or cleanup action plans, or if the owner or operator fails to provide alternate financial assurance conforming to this section within ninety days after notification that the letter of credit will not be extended, the issuing institution must deposit the funds from the letter of credit to the standby trust fund.
(v) The owner or operator may cancel the letter of credit only by substituting alternate financial assurance conforming to this section or if the owner or operator is no longer required to demonstrate financial responsibility in accordance with subsection (2)(b), (3)(b), or (4)(b) of this section.
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-600, filed 10/26/93, effective 11/26/93.]
(2) Transition rules for existing MSWLF units. The following constitute the transition rules for this section:
(a) Existing MSWLF units with valid chapter 173-304 WAC
permits expiring before ((the effective date of this chapter))
November 26, 1993. Owners or operators of existing MSWLF
units having valid permits expiring before ((the effective
date of this chapter)) November 26, 1993, must apply for a
valid MSWLF permit no later than ((ninety days after
promulgation of this regulation)) January 24, 1994, to
continue operation under the terms of this regulation. Each
valid chapter 173-304 WAC permit expiring before ((the
effective date of this chapter)) November 26, 1993, is hereby
continued until the valid MSWLF permit is issued under these
rules. For these transition rules, the owner or operator
((shall)) must prepare applications according to WAC 173-351-730(4), Reissuance/transition applications. Upon
issuance of a valid MSWLF permit, the owner or operator must
comply with the requirements of this regulation.
| Note: | MSWLF units that do not accept waste on or after (( |
| (( |
| Note: | Any owner or operator planning to incorporate a 50 percent increase or greater in design volume capacity
not previously authorized in permit, or unpermitted changes resulting in significant adverse environmental
impacts that have (( |
(a) MSWLF units that are excluded under WAC 173-351-010 (2)(b);
(b) Single family residences and single family farms dumping or depositing solid waste resulting from their own domestic, on-site activities onto or under the surface of land owned or leased by them when such action does not create a nuisance, violate any other statutes, ordinances, regulations, or this regulation, provided that such facilities:
(i) Are fenced or otherwise protected by natural barriers from unauthorized entry by the general public and large animal scavengers; and
(ii) Have placed a monthly soil cover to allow no visible solid waste.
(c) ((Corrective)) Remedial actions at a MSWLF unit
performed by the state and/or in conjunction with the United
States Environmental Protection Agency to implement the
Comprehensive Environmental Response Compensation and
Liability Act of 1980 (CERCLA), the Model Toxics Control Act
or ((corrective)) remedial actions taken by others to comply
with a state and/or federal cleanup order provided that:
(i) The action results in an overall improvement of the environmental impact of the site;
(ii) The action does not require or result in additional waste being delivered to the facility or increase the amount of waste or contamination present at the facility;
(iii) The ((facility standards of WAC 173-351-300,
173-351-320, and 173-351-500)) substantive provisions of this
chapter are met; and
(iv) The jurisdictional health department is informed of
the actions to be taken and is given the opportunity to review
and comment upon the proposed ((corrective)) remedial action
plans.
| Note: | MSWLF units not covered under (( |
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-700, filed 10/26/93, effective 11/26/93.]
(a) The run-on control system in WAC 173-351-200(7); and
(b) The liquids restriction in WAC 173-351-200(9).
(2) The jurisdictional health department, with the written concurrence of the department, may issue a research, development, and demonstration permit for a new MSWLF unit, existing MSWLF unit, or lateral expansion, for which the owner or operator proposes to utilize innovative methods which vary from the final cover criteria of WAC 173-351-500 (1)(a), provided the MSWLF unit owner or operator demonstrates that the MSWLF unit is not a source of contamination and the infiltration of liquid through the alternative cover system will not cause contamination of groundwater or surface water, or cause the leachate depth on the liner to exceed one foot (30 cm).
(3) The jurisdictional health department and the department must follow the procedures of WAC 173-351-720(1) except the jurisdictional health department must not issue a permit if the department recommends against its issuance. Any permit issued under this section must include terms and conditions that are at least as protective as the criteria for municipal solid waste landfills, and assure protection of human health and the environment. Such permits must:
(a) Include clearly stated and demonstrable project goals;
(b) Provide for the construction and operation of such facilities as necessary, for not longer than three years, unless renewed as provided in subsections (5) and (6) of this section;
(c) Provide that the MSWLF unit must receive only those types and quantities of municipal solid waste and nonhazardous waste which the jurisdictional health department deems appropriate for the purposes of determining the efficacy and performance capabilities of the technology or process;
(d) Include requirements necessary to protect human health and the environment, including requirements necessary for testing and providing information to the jurisdictional health department with respect to the operation of the facility;
(e) Require the owner or operator of a permitted MSWLF unit under this section to submit an annual report to the jurisdictional health department and the department showing whether and to what extent the site is progressing in attaining project goals. The report will also include a summary of all monitoring and testing results and any other operating information specified by the jurisdictional health department in the permit; and
(f) Require compliance with all criteria in this chapter, except as permitted under this section.
(4) The jurisdictional health department may order an immediate termination of all operations at the facility permitted under this section or other corrective measures any time it determines that the overall goals of the project are not being attained or protecting human health and the environment.
(5) Any permit issued under this section must not exceed three years and each renewal must not exceed three years. The total term for a project permit including renewals may not exceed twelve years.
(6) Permit renewal.
(a) The owner or operator of a MSWLF unit must apply for renewal of a permit under this section at least ninety days before the existing permit expires. The owner or operator must provide the jurisdictional health department two copies of:
(i) A detailed assessment of the project showing the status with respect to achieving project goals;
(ii) A list of problems and status with respect to problem resolutions;
(iii) The information required in WAC 173-351-730 (3)(b); and
(iv) Any other requirements that the jurisdictional health department determines necessary for permit renewal.
(b) Once the jurisdictional health department determines that a renewal application is factually complete, it must refer one copy to the appropriate regional office of the department for review and comment.
(c) Standards for approval. The jurisdictional health department and the department must review the original application and additional information contained in the renewal application to determine whether the facility meets all applicable laws and regulations and conforms to the most recently adopted comprehensive solid waste management plan.
(d) Fees. The jurisdictional health department may establish reasonable fees for permits and renewal of permits. All permit fees collected by the health department must be deposited in the account from which the jurisdictional health department's operating expenses are paid.
(e) Department's findings. The department will report to the jurisdictional health department its findings on each renewal permit application within thirty days of receipt of a complete application. Additionally, the department must recommend for or against the renewal of each research, demonstration, and demonstration permit by the jurisdictional health department.
(f) Permit approval. When the jurisdictional health department has evaluated all information in the renewal application, it will, with the written concurrence of the department renew the permit for a period not to exceed three years or deny the permit. Every complete renewal application must be approved or disapproved within forty-five days after its receipt by the jurisdictional health department or inform the owner or operator as to the status of the application with a schedule for final determination.
(g) Permit format. Every permit issued by a jurisdictional health department must be on a format prescribed by the department and contain specific requirements necessary for the proper operation of the facility including the requirement that final engineering plans and specifications be submitted for approval by the jurisdictional health department.
(h) Filing permits with the department. The jurisdictional health department must mail all renewed permits to the department no more than seven days after the date of issuance. The department will review and may appeal the permit as set forth in RCW 70.95.185 and 70.95.190. No permit issued pursuant to this chapter will be valid unless it has been reviewed by the department.
[]
(a) Forms and complete application. An application for
((any)) a permit under this regulation must be submitted on a
form prescribed by the department. In order to be
((determined)) complete:
(i) Two or more copies (as determined by the jurisdictional health department) of the application must have been signed by the owner and operator and received by the jurisdictional health department;
(ii) The application must include evidence of compliance with the State Environmental Policy Act (SEPA) rules, chapter 197-11 WAC; and
(iii) The application must include the plans, reports, and other supporting information required by this regulation.
(b) Notice. Once the jurisdictional health department
determines that an application for a permit is ((factually))
complete, it ((shall)) will:
(i) Refer one copy to the appropriate regional office of the department for review and comment;
(ii) For all permits except renewal, modified and
transition permits give notice of its receipt of a
((proposed)) complete permit application to the public and to
interested persons for public comment for thirty days after
the publication date of the notice((;
(iii) For all permits except renewal, modified and transition permits)) and perform the following additional public notification requirements:
(A) Mail the notice to persons who have requested notice in writing;
(B) Mail the notice to state agencies and local governments with a regulatory interest in the proposal;
(C) Include in the public notice a statement that any person may express their views in writing to the jurisdictional health department within thirty days of the last date of publication;
(D) Mail a copy of the MSWLF permit decision to any person who has made written request for such decision; and
(E) Add the name of any person, upon request, to a
mailing list to receive copies of notices for all
applications((, within the state or within a geographical
area)).
(c) Standards for approval. The jurisdictional health
department ((shall)) must investigate every application to
determine whether the facility meets all applicable laws and
regulations, conforms ((with)) to the most recently adopted
comprehensive solid waste management plan in effect at the
time of application and complies with all zoning requirements.
A land use permit or letter from the jurisdictional zoning
authority ((shall be)) is sufficient ((demonstration of)) to
demonstrate compliance with zoning requirements.
(d) Fees. The jurisdictional health department may
establish reasonable fees for permits and renewal of permits. All permit fees collected by the health department ((shall))
must be deposited in the account from which the jurisdictional
health department's operating expenses are paid.
(e) Department's findings. The department ((shall)) will
report to the jurisdictional health department its findings on
each permit application within forty-five days of receipt of a
complete application or inform the jurisdictional health
department as to the status of the application and when it
expects its findings will be transmitted to the jurisdictional
health department. Additionally, the department ((shall))
must recommend for or against the issuance of each permit by
the jurisdictional health department.
(f) Permit approval. When the jurisdictional health
department has evaluated all information in the public record,
it ((shall)) will issue or deny a permit. Every ((completed
solid waste)) complete permit application ((shall)) must be
approved or disapproved within ninety days after its receipt
by the jurisdictional health department or inform the owner or
operator ((shall be informed)) as to the status of the
application with a schedule for final determination.
(g) Permit format. Every permit issued by a
jurisdictional health department ((shall)) must be on a format
prescribed by the department and ((shall)) contain specific
requirements necessary for the proper operation of the
facility including the requirement that final engineering
plans and specifications be submitted for approval ((to)) by
the jurisdictional health department.
(h) Filing permits with the department. The
jurisdictional health department ((shall)) must mail all
issued permits to the department no more than seven days after
the date of issuance. The department ((shall)) will review
and may appeal the permit as set forth in RCW 70.95.185 and
70.95.190. No permit issued pursuant to this chapter will be
valid unless it has been reviewed by the department.
(((i) Renewal procedures. The owner or operator of a
facility shall apply for renewal of the MSWLF permit annually,
except for that year that a permit has been or will be
reissued under subsection (6) of this section. The owner or
operator is authorized to continue all activities authorized
under the currently expired permit, if the jurisdictional
health department has not rendered a decision on renewal by
the yearly renewal date of the current permit. The
jurisdictional health department shall annually:
(A) Review the original application and such additional information as required in WAC 173-351-730 (3)(b) for compliance with these regulations:
(B) Collect the renewal fee if the jurisdictional health department so chooses;
(C) If the requirements of (b)(i)(A) of this subsection are met, renew the permit; and
(D) File the renewed permit with the department no more
than seven days after the date of renewal. The department
shall review and may appeal the renewal as set forth in RCW 70.95.185 and 70.95.190. See also reissuance under
subsection (6) of this section.)) (2) SEPA review. The State
Environmental Policy Act (SEPA), the SEPA rules and ((the))
local SEPA rules apply to permit decisions made pursuant to
this chapter.
(3) Preapplication meetings. Preapplication meetings
between the jurisdictional health department and the owner or
operator are encouraged to address, among other things, the
development of a complete application ((pertaining to the
owner's or operator's prospective project)).
(4) Activities authorized in permits, generally.
(a) Construction. ((Issuance of)) A valid MSWLF permit
entitles the ((permittee)) owner or operator to construct the
MSWLF unit or MSWLF units, subject to ((any appropriate))
conditions the jurisdictional health department may impose. ((If the facility is to be constructed in several or more
MSWLF units, the initial application must contain the
conceptual design for the entire facility and the information
of WAC 173-351-730 (1)(b) for the initial MSWLF unit. In
addition, information of WAC 173-351-730 (1)(b) may be
submitted covering all other MSWLF units that will be
constructed up to the first ten years of facility operation. The permit will identify the extent of each permitted MSWLF
unit and the specific time frames for the first MSWLF unit and
estimated time frames for subsequent MSWLF units within which
construction activities must begin and end for each MSWLF
unit.)) Authorization to construct each lateral expansion or
subsequent MSWLF unit ((must, as to that MSWLF unit, contain
the detailed construction plans as specified in this
regulation, and those plans)) is subject to the
preconstruction review requirements of WAC 173-351-750(4) and
the construction of ((that)) each lateral expansion or MSWLF
unit must comply with all requirements of ((the SEPA and of))
this regulation and other regulations applicable at the time
jurisdictional health department approval is granted.
(b) Operation. Except for MSWLF units governed by the
transition rules of WAC 173-351-700(2), the jurisdictional
health department's approval to accept solid waste will not be
given until the ((permittee)) owner or operator has
demonstrated to the jurisdictional health department's
satisfaction that ((the)) each MSWLF unit has been constructed
in accordance with the approved plans and specifications for
that MSWLF unit. ((If a facility is to be constructed in
several or more MSWLF units, the jurisdictional health
department must determine that each specific MSWLF unit has
been constructed in accordance with the approved permit before
operation will be permitted in that specific MSWLF unit.))
(c) Post-closure activities. The jurisdictional health department's approval for post-closure activities will not be given until the permittee has demonstrated to the jurisdictional health department's satisfaction that the MSWLF unit or all the MSWLF units have been closed in accordance with the final engineering plans of WAC 173-351-500 (1)(e)(ii) and the approved closure plan.
| Note: | Failure to obtain approval for post-closure activities may prevent reimbursement under post-closure financial assurance in WAC 173-351-600. |
(a) Prior to renewing a permit, the jurisdictional health department will:
(i) Review the original application, modifications, and additional information required in WAC 173-351-730 (3)(b) for compliance with these regulations; and
(ii) Collect the renewal fee if the jurisdictional health department so chooses.
(b) If the facility meets all applicable laws and regulations and conforms to the most recently adopted comprehensive solid waste management plan, the jurisdictional health department may renew the permit for a period not to exceed five years; and
(c) The jurisdictional health department must file the renewed permit with the department no more than seven days after the date of renewal. The department will review and may appeal the renewal as set forth in RCW 70.95.185 and 70.95.190. See also reissuance under subsection (6) of this section. No permit issued pursuant to this chapter will be valid unless it has been reviewed by the department.
(6) Permit modifications.
(a) Any owner or operator intending to modify a valid
MSWLF permit must file a modification application at least
((thirty)) forty-five days before the intended modification. A modification application must be made on forms authorized by
the jurisdictional health department and the department, and
the forms must include information identified in WAC 173-351-730 (3)(a).
(b) The jurisdictional health department ((shall)) will
follow the procedures of subsection (1) of this section in
issuing a permit modification except for the following:
(i) Subsection (1)(b)(ii) and (iii) of this section,
public notice; ((and))
(ii) ((Subsection (1)(i) of this section, renewal
procedures.)) The department will report its findings under
subsection (1)(e) of this section within thirty days; and
(iii) The jurisdictional health department will approve or disapprove the modification application within forty-five days after its receipt or inform the owner or operator as to the status of the application with a schedule for final determination.
(c) ((In order)) To allow for permit modifications to be
authorized at the time of permit renewal, any owner or
operator may combine the application required for a permit
modification in WAC 173-351-730 (3)(a) with the application
required for a renewal permit in WAC 173-351-730 (3)(b)((, at
the time of permit renewal)).
(((6))) (d) Lateral expansions, a fifty percent increase
or greater in design volume capacity, or changes resulting in
significant adverse environmental impacts that have led a
responsible official to issue a declaration of significance
under WAC 197-11-736 are not considered a modification but
require permit reissuance under these rules.
(7) Permit reissuance. ((Except for permits during
transition under subsection (2) of this section,)) Any owner
or operator intending to continue construction, operation, or
post-closure beyond the permitted duration of a valid MSWLF
permit must file a reissuance application at least ninety days
before the existing permit expires. Reissuance applications
are subject to the public notification process of subsection
(1)(b) of this section. A reissuance application must be made
on forms authorized by the jurisdictional health department
and the department, and must include information identified in
WAC 173-351-730(4). The jurisdictional health department will
follow the procedures of subsection (1) of this section in
reissuing a permit.
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-720, filed 10/26/93, effective 11/26/93.]
(a) General requirements for MSWLF permit applications and level of detail.
(i) An application for an MSWLF permit to construct,
operate, and conduct post-closure activities at a facility
must include all applicable information identified in this
section ((pertaining to the facility for which the permit is
being sought)).
(ii) The information in every application submitted under this regulation must be of sufficient detail so as to allow the jurisdictional health department to fulfill its responsibilities under SEPA and this regulation by:
(A) Having detail sufficient to be readily understood by
the persons using the documents ((contained in the
application)) to enable them to determine how the facility
will be constructed, operated, and closed and how it will be
monitored and maintained after closure;
(B) Providing the jurisdictional health department with sufficient detail to ascertain the environmental impact of the proposed project; and
(C) Providing sufficient detail to demonstrate that the location, design, construction, operation, closure, and post-closure monitoring and maintenance of the MSWLF will be capable of compliance with the applicable requirements of this regulation.
(iii) If the facility is to be constructed in phases, the initial application must contain the conceptual design for the entire facility and the information of subsection (1)(b) of this section for the initial MSWLF unit and other MSWLF units that will be constructed during the active life of the facility.
(iv) Applications for new MSWLF units or lateral expansions must include 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.
(b) Specific requirements for permit applications. In addition to other requirements set forth in this section, complete applications for MSWLF permits must contain the following:
(i) Engineering plans that set forth the proposed facility's location, property boundaries, adjacent land uses, and detailed construction plans pursuant to subsection (5)(a) of this section;
(ii) How the facility will meet the location standards of
WAC 173-351-130 and 173-351-140 ((including demonstrations));
(iii) A hydrogeologic report and water quality monitoring
plan prepared in accordance with the provisions of WAC 173-351-400 (((including all demonstrations)));
(iv) ((The)) A plan of operation that ((prescribes))
describes how the facility will ((fulfill)) meet the operating
requirements set forth in WAC 173-351-200, 173-351-210, and
173-351-220((, including the demonstrations of this
regulation));
(v) An engineering report ((comprehensively)) describing
the existing site conditions and an analysis of the facility,
including closure((,)) and post-closure criteria((, and any
necessary demonstrations)) conforming with subsection (5)(b)
of this section;
(vi) A construction quality assurance and quality control plan prepared in accordance with subsection (6) of this section;
(vii) ((The)) Closure and post-closure plans required by
WAC 173-351-500((, including the schedule of WAC 173-351-500
(1)(c)(iv) and for the submission of final engineering plans
for closure six months prior to closure of the facility or the
MSWLF unit. See WAC 173-351-500 (1)(e)(ii)));
(viii) A permit or signed permit application satisfying the applicable requirements for MSWLF units with leachate collection systems:
(A) Discharge under the Water Pollution Control Act, chapter 90.48 RCW;
(B) Either a legal document (contract, local permit, a
signed permit application etc.) certifying acceptance of
leachate by the operator of a wastewater treatment facility
for the discharge of leachate to that facility((, or an
application for a National Discharge Elimination System
(NPDES) permit pursuant to chapter 173-220 WAC or a state
discharge permit (for solar evaporation ponds having no
surface water discharge) pursuant to chapter 173-216 WAC or
other necessary environmental permit applications (including
air quality permit applications) for otherwise managing
leachate;
(ix) For small landfills, the demonstration of WAC 173-351-010 (2)(c)));
(((x))) (C) Surface impoundments or tanks under WAC 173-350-330; and
(D) Other environmental permits applicable to managing leachate at the facility.
(ix) Cost estimates and mechanisms the owner or operator will use to meet the financial assurance requirements of WAC 173-351-600;
(x) How the owner or operator will meet the certification requirements of chapter 173-300 WAC, Certification of operators of solid waste incinerator and landfill facilities;
(xi) A demonstration of how the MSWLF conforms ((with))
to the approved local comprehensive solid waste management
plan in place at the time of application; and
(xii) Any other information as required by the jurisdictional health department.
(2) Combined applications. Owners or operators may file
a combined application for MSWLF units and other solid waste
handling ((facilities)) units, such as surface impoundments,
composting facilities, and storage piles regulated under
chapter 173-350 WAC, Solid waste handling standards, and MSWLF
units closed under and/or regulated by chapter 173-304 WAC,
Minimum functional standards for solid waste handling or other
rules promulgated under the authority of chapter 70.95 RCW,
including this regulation. The combined application must
contain information required by each applicable regulation.
(3) Modification and renewal applications.
(a) Modification applications. An application ((on
forms)) specified by the jurisdictional health department and
the department to modify a valid MSWLF permit issued pursuant
to WAC 173-351-700 must include, and address, the following
((at a minimum)):
(i) A description of the proposed modification;
(ii) The reasons for the proposed modification;
(iii) A description of the impacts from the proposed
modification upon the MSWLF unit or the facility as presently
permitted; ((and))
(iv) A showing that, as modified, the MSWLF unit will be capable of compliance with the applicable requirements of this regulation; and
(v) Any other information as required by the jurisdictional health department.
(b) Renewal applications. An application ((on forms))
specified by the jurisdictional health department and the
department to renew a permit issued pursuant to WAC 173-351-700 must include and address the following ((at a
minimum)):
(i) Any changes in operating methods((, closure cost or
post-closure costs)) or other changes not falling under the
definition of a permit modification;
(ii) Any changes as revealed by inspections, or complaints;
(iii) ((Evidence that the annual report of WAC 173-351-200(11) has been submitted;
(iv))) A list of documents added to the operating record
according to WAC 173-351-200(10); ((and
(v))) (iv) Evidence that all MSWLF unit operators have continued to comply with the certification requirements of chapter 173-300 WAC, Certification of operators of solid waste incinerator and landfill facilities; and
(v) Any other information as required by the jurisdictional health department.
(4) Reissuance/transition applications. An application
to reissue a permit previously issued pursuant to this
regulation or to convert a chapter 173-304 WAC permit to a
valid MSWLF permit under the transition permit rules of WAC 173-351-700(2) must((, at a minimum,)) include and address the
following:
(a) Review the original application and permit for
compliance with these regulations and submit ((such))
additional information as follows:
(i) A compliance summary showing how the facility's construction, operation, closure and post-closure activities, as applicable, have been undertaken either in compliance or not in compliance with the terms and conditions of the expiring permit;
(ii) ((Specifying)) Specify any changes proposed by the
owner or operator to((, and detailing any changes in
circumstance that may affect,)) the design, construction,
operation, closure, or post-closure care of the facility and
describing how ((compliance)) the proposed changes will comply
with the applicable requirements of this regulation ((will be
assured)).
(b) Review ((of)) information collected from inspections,
complaints, or known changes in the operations including:
(i) Results of groundwater monitoring ((taken during the
operation (including closure/post-closure) of the facility
according to WAC 173-351-400 or 173-304-490 as appropriate));
and
(ii) Results of surface water and methane monitoring
((taken during the operation (including closure/post-closure)
of the facility)).
(5) Engineering plans, reports, and specifications. Unless otherwise specified in chapter 173-351 WAC, all
engineering plans, reports, ((and)) specifications, programs,
and manuals must comply with the requirements of this
subsection. Engineering plans, reports, specifications,
programs, and manuals submitted to the jurisdictional health
department or the department must be prepared and certified by
an individual licensed to practice engineering in the state of
Washington, in engineering disciplines associated with
landfill design and construction or with experience in
landfill design and construction and to practice engineering
((in the state of Washington)).
(a) Engineering plans. Unless otherwise specified in
this chapter, ((the)) engineering plans for all MSWLF units
must be submitted using the following format:
(i) The sheet size with title blocks must be twenty-two inches by thirty-four inches or twenty-four inches by thirty-six inches.
(ii) The cover sheet must include the project title, owner's and operator's name, sheet index, legend of symbols, and the engineer's name, address, signature, date of signature, and seal.
(iii) The preliminary engineering plans relating the project to its environmental setting must include:
(A) A regional plan or map (having a minimum scale of
1:62,500) and indicate directions and distances to airports
within ((five)) six miles (((eight)) ten kilometers) of the
facility;
(B) A vicinity plan or map (having a minimum scale of
1:24,000) that ((must)) shows the area within one mile (1.6
kilometers) of the property boundaries of the facility in
terms of, the existing and proposed zoning and land uses
within that area; and residences, public and private water
supply wells, known private water supply aquifers, sole source
aquifers, groundwater management areas, well-head protection
zones, special protection areas and surface waters (with
quality classifications), access roads, bridges, railroads,
airports, historic sites, and other existing and proposed
man-made or natural features relating to the facility; and
(C) An overall site plan (having a minimum scale of
1:2,400 with five foot (or one meter) minimum contour
intervals) that must show the landfill's property boundaries
(as certified by an individual licensed to practice land
surveying in the state of Washington), offsite and onsite
utilities (such as electric, gas, water, storm, and sanitary
sewer systems) and right of way easements; the 100-year flood
plain, wetlands, Holocene faults, unstable areas; the names
and addresses of contiguous property owners; the location of
soil borings, excavations, test pits, gas venting structures,
wells (including down-gradient drinking water supply wells
within two thousand feet (six hundred ten meters) of the
property boundary), lysimeters, piezometers, environmental and
facility monitoring points and devices (with each identified
in accordance with a numbering system acceptable to the
jurisdictional health department and whose horizontal location
are accurate to the nearest 0.5 foot (0.15 meter) and all
orthometric evaluations should be related to a vertical
benchmark based on the ((national geodetic)) North American
vertical datum of ((1929 (NGVD29))) 1988 (NAVD88) and be
established to 3rd order classification standards per federal
geodetic control committee, ((or its successor, as specified
in WAC 332-130-060)) as measured from the ground surface and
top of well casing), benchmarks and permanent survey markers,
and onsite buildings and appurtenances, fences, gates, roads,
parking areas, drainage culverts, and signs; the delineation
of the total landfill area including planned staged
development of the landfill's construction and operation, and
the lateral and vertical limits of previously filled areas;
the location and identification of the sources of cover
materials; the location and identification of special waste
handling areas; a wind rose; and site topography with five
foot (or one meter) minimum contour intervals.
| Note: | All horizontal locations (( |
(b) Engineering reports. The engineering reports for a facility must:
(i) Contain a cover sheet, stating the project title and
location, the owner's or operator's name, and the engineer's
name, address, signature, date of signature, and seal((.));
(ii) Have its text printed on 8 1/2" by 11" pages (paginated consecutively);
(iii) Contain a table of contents or index describing the body of the report and the appendices;
(iv) Include a body of report whose content is described by (c) of this subsection; and
(v) Include all appendices.
(c) An engineering report ((containing)) must contain a
description of the existing site conditions and, at a minimum,
an analysis of the proposed facility that must:
(i) Describe current operating practices, expected life
and any pending litigation or ((corrective)) remedial actions
relating to the existing or past facilities;
(ii) Specify the proposed design capacity of the MSWLF unit for which approval is being sought, describing the number, types, and the minimum specifications of all the necessary machinery and equipment needed to effectively operate the landfill at the proposed design capacity;
(iii) Contain a site analysis ((of the proposed action))
including:
(A) The location of the closest population centers;
(B) A comprehensive description of the primary transportation systems and routes in the facility service area (i.e., highways, airports, railways, etc.);
(C) An analysis of the existing topography, surface water and subsurface geological conditions in accordance with the hydrogeologic report requirements of WAC 173-351-490;
(D) A description of the materials and construction methods used for the placement of each groundwater monitoring well pursuant to the requirements of WAC 173-351-400 and gas monitoring well pursuant to WAC 173-351-200(4); all gas venting systems; each liner and leachate collection and removal system; leachate storage, treatment, and disposal systems; and cover systems to demonstrate conformance with the design requirements found in WAC 173-351-300, 173-351-320, and 173-351-500. This description also must include a discussion of provisions to be taken to prevent frost action upon each liner system in areas where refuse has not been placed;
(E) An estimate of the expected quantity of leachate to be generated, including:
(I) An annual water budget that estimates leachate
generation quantities during ((initial)) operation, upon
application of intermediate cover, and following MSWLF unit or
all MSWLF units closure. At a minimum, the following factors
must be considered in the preparation of the water budget to
determine the amount of leachate generated as a result of
precipitation infiltration into the MSWLF unit or all the
MSWLF units: Average monthly temperature, average monthly
precipitation, evaporation, evapotranspiration which
considers the vegetation type and root zone depth,
surface/cover soil conditions and their relation to
precipitation runoff which must account for the surface
conditions and soil moisture holding capacity and all other
sources of moisture contribution to the landfill;
(II) Liner and leachate collection system efficiencies that must be calculated using an appropriate analytical or numerical assessment. The factors to be considered in the calculation of collection system efficiency must include, at a minimum, the saturated hydraulic conductivity of the liner, the liner thickness, the saturated hydraulic conductivity of the leachate collection system, the leachate collection system porosity, the base slope of the liner and leachate collection and removal system interface, the maximum flow distance across the liner and leachate collection and removal system interface to the nearest leachate collection pipe, the estimated leachate generation quantity as computed in accordance with the requirements of (c)(iii)(E)(I) of this subsection; and
(III) Predictions of the static head of leachate on the liners, volume of leachate to be collected, and the volume of leachate that may permeate through the entire liner system, all on a monthly basis. Information gained from the collection efficiency calculations required in (c)(iii)(E)(I) and (II) of this subsection must be used to make these predictions. This assessment also must address the amount of leachate expected to pass through the liner system in gallons per acre per day (liters per square meter per day).
(d) Discuss the closure and post-closure maintenance and operation of the facility which must include, but not be limited to:
(i) A closure design consistent with the requirements of WAC 173-351-500;
(ii) A post-closure water quality monitoring program consistent with the requirements of WAC 173-351-400 and 173-351-500;
(iii) An operation and closure plan for the leachate
collection, treatment, and storage facilities consistent with
the requirements of this regulation and chapter 173-350 WAC
((173-304-430)); ((and))
(iv) An estimate of the time required following closure of each MSWLF unit or all MSWLF units to meet the criteria in WAC 173-351-500 (2)(b)(iii); and
(v) A discussion of the future use of the facility, including the specific proposed or alternative uses during the post-closure period. Future uses must not adversely affect the final cover system. See WAC 173-351-500 (2)(c)(iii).
(e) Appendices must be submitted as part of an
engineering report ((submitted)) with an application to
construct a new or laterally expanded MSWLF unit and must
contain:
(i) Appropriate charts and graphs;
(ii) Copies of record forms used at the MSWLF unit;
(iii) Test pit logs, soil boring logs, and geological
information (such as stratigraphic sections, geophysical and geochemical surveys, and water quality analyses);
(iv) Engineering calculations (including the raw data from which they were made);
(v) Other supporting data, including literature citations.
(6) Construction quality assurance and construction quality control plans.
The construction quality assurance (QA) and construction
quality control (QC) plan must address the construction of the
MSWLF unit according to the designs set forth in chapter 173-351 WAC. (Construction QA and construction QC are defined
in WAC 173-351-100.) The owner or operator may submit
separate construction QA plans and construction QC plans. For
each ((specified)) phase of construction, these plans must
include((, but not be limited to)):
(a) A delineation of ((the)) responsibilities for the QA
management organization and the QC management organization,
including the chain of command of the QA inspectors and
contractors and the QC inspectors and contractors; quality
assurance ((shall)) must be performed by a third party
organization that is independent of the landfill
owner/operator/contractor.
(b) A description of the required level of experience and
training for the contractor, his/her crew, and QA and QC
inspectors for every ((major)) phase of construction in
sufficient detail to demonstrate that the approved
installation methods and procedures will be properly
implemented; and
(c) A description of the QA and QC testing protocols for every major phase of construction, which must include, at a minimum, the frequency of inspection, field testing, sampling for laboratory testing, the sampling and field testing procedures and equipment to be utilized, the calibration of field testing equipment, the frequency of performance audits, the sampling size, the laboratory procedures to be utilized, the calibration of laboratory equipment and QA/QC of laboratory procedures, the limits for test failure, and a description of the corrective procedures to be used upon test failure.
| Note: | It is intended that owners or operators will select and pay for the independent third party construction quality assurance firm, who will report to the owner or operator. |
(a) All applications for permits must be accompanied by evidence of authority to sign the application and must be signed by the owner or operator as follows:
(i) In the case of corporations, by a duly authorized principal executive officer of at least the level of vice-president; in the case of a partnership or limited partnership, by:
(ii) A general partner;
(iii) Proprietor; or
(iv) In the case of a sole proprietorship, by the proprietor;
(v) In the case of a municipal, state, or other governmental entity, by a duly authorized principal executive officer or elected official.
(b) Applications must be sworn to by, or on behalf of, the owner or operator, in respect to the veracity all statements therein; or must bear an executed statement by, or on behalf of, the owner or operator to the effect that false statements made therein are made under penalty of perjury.
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-730, filed 10/26/93, effective 11/26/93.]
(1) The application's engineering and hydrogeological
data and construction plans and specifications required by
this regulation ((pertaining to such a MSWLF unit or MSWLF
units substantiate)) demonstrate that the proposed MSWLF unit
or MSWLF units meets the requirements of this regulation;
(2) The application demonstrates the facility's ability to operate and close in accordance with the requirements of this regulation;
(3) The application demonstrates the facility's ability
to conduct post-closure activities in accordance with the
requirements of this regulation; ((and a form of surety or
financial responsibility for post-closure activities has been
filed with the jurisdictional health department; and))
(4) The owner or operator has established a financial assurance mechanism meeting the requirements of this regulation and has submitted, as applicable:
(a) A copy of the ordinance establishing the reserve account; or
(b) The original signed documents for trust funds, surety bonds, or letters of credit for closure and post-closure financial assurance; and
(5) The application demonstrates the facility's consistency with the local solid waste management plan in effect at the time of application.
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-740, filed 10/26/93, effective 11/26/93.]
(2) Transferability.
(a) All permits issued pursuant to this regulation are transferable only upon prior written approval of the jurisdictional health department and a demonstration that the prospective transferee will be able to comply with applicable laws and regulations, permit conditions, and other requirements to which the prospective transferor is subject.
(b) Upon transfer of ownership of all or part of a facility, a provision must be included in the property deed indicating the period of time during which the facility has been disposing of solid waste, a description of the solid waste contained within, and the fact that the records for the facility have been filed with the jurisdictional health department. The deed also must reference a map, which must be filed with the county clerk, showing the limits of the active areas as defined in WAC 173-351-100.
(3) Duration of permits. The jurisdictional health
department must specify the duration of the MSWLF permit ((not
to exceed ten years)). Except as provided in WAC 173-351-710(5), permits must be renewed ((annually)) at least
every five years on a date established by the jurisdictional
health department. If a permit is to be renewed for longer
than one year, the jurisdictional health department may hold a
public hearing before making a decision. Permits must be
renewed according to WAC ((173-351-730(3))) 173-351-710(5) or
173-351-720(5), and reissued according to WAC 173-351-720(((6))) (7).
(4) Preconstruction review condition. The jurisdictional
health department ((shall)) must include in each permit for a
new MSWLF unit or lateral expansion a condition requiring the
owner or operator((,)) to submit the following documents sixty
days prior to beginning construction, and to obtain the
jurisdictional health department's approval that the following
documents conform ((with)) to the engineering report and with
the requirements of this chapter:
(a) Final design drawings;
(b) Construction specifications; and
(c) A construction quality assurance manual for the following MSWLF components:
(i) Bottom liner;
(ii) Leachate collection and removal system;
(iii) Landfill gas control system;
(iv) Leachate and landfill gas condensate treatment and disposal system; and
(v) Final cover system.
(5) Supervision and certification or declaration of construction. The construction of a MSWLF unit must be undertaken:
(a) Under the supervision of an individual licensed to practice engineering in the state of Washington; and
(b) In conformance with the construction quality assurance plan of WAC 173-351-730(6).
(6) Preoperation review conditions. Each permit issued
under this chapter for a new MSWLF unit or lateral expansion
((shall)) must contain a condition requiring that upon
completion of construction, the licensed ((engineered))
engineer who supervised construction ((shall)) must certify or
declare in writing that the construction is in accordance with
the terms of the applicable permit and tested in accordance
with construction quality assurance plans of WAC 173-351-730(6). Except as specified elsewhere in this
regulation, this certification or declaration must be
submitted to the jurisdictional health department within three
months after completion of construction and must include
recorded construction drawings and specifications. The owner
or operator must notify the jurisdictional health department,
in writing, of the date when solid waste will be first
received at the MSWLF unit.
(7) Cessation of construction or operation activities. If construction or operation activities started under a permit
issued pursuant to this chapter cease for a period of twelve
consecutive months, the jurisdictional health department may
in its discretion revoke the permit. The jurisdictional
health department ((shall)) must provide notice to the owner
or operator in writing explaining the reasons for revocation. The jurisdictional health department ((shall)) must not revoke
a permit where the cessation of construction or operation is
caused by factors beyond the reasonable control of the
permittee or when such cessation is in accordance with the
provisions of the permit.
(8) Design volume capacity and construction. Every MSWLF
permit must ((set forth)) specify the facility's approved
design volume capacity and identify the extent of each
permitted MSWLF unit and the specific time frames for
construction of the first MSWLF unit and estimated time frames
for construction of subsequent MSWLF units.
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-750, filed 10/26/93, effective 11/26/93.]
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-760, filed 10/26/93, effective 11/26/93.]
APPENDIX I((1))
Appendix I - Constituents for Detection Monitoring
| COMMON NAME(( |
CAS RN(( |
|
| Inorganic Constituents |
||
| 1) | Antimony . . . . . . . . . . . . ((( |
|
| 2) | Arsenic . . . . . . . . . . . . ((( |
|
| 3) | Barium . . . . . . . . . . . . ((( |
|
| 4) | Beryllium . . . . . . . . . . . . ((( |
|
| 5) | Cadmium . . . . . . . . . . . . ((( |
|
| 6) | Chromium . . . . . . . . . . . . ((( |
|
| 7) | Cobalt . . . . . . . . . . . . ((( |
|
| 8) | Copper . . . . . . . . . . . . ((( |
|
| 9) | Lead . . . . . . . . . . . . ((( |
|
| 10) | Nickel . . . . . . . . . . . . ((( |
|
| 11) | Selenium . . . . . . . . . . . . ((( |
|
| 12) | Silver . . . . . . . . . . . . ((( |
|
| 13) | Thallium . . . . . . . . . . . . ((( |
|
| 14) | Vanadium . . . . . . . . . . . . ((( |
|
| 15) | Zinc . . . . . . . . . . . . ((( |
|
| 16) | Nitrate . . . . . . . . . . . . | |
Organic Constituents |
||
| 17) | Acetone . . . . . . . . . . . . 67-64-1 | |
| 18) | Acrylonitrile . . . . . . . . . . . . 107-13-1 | |
| 19) | Benzene . . . . . . . . . . . . 71-43-2 | |
| 20) | Bromochloromethane . . . . . . . . . . . . 74-97-5 | |
| 21) | Bromodichloromethane . . . . . . . . . . . . 75-27-4 | |
| 22) | Bromoform; Tribromomethane . . . . . . . . . . . . 75-25-2 | |
| 23) | Carbon disulfide . . . . . . . . . . . . 75-15-0 | |
| 24) | Carbon tetrachloride . . . . . . . . . . . . 56-23-5 | |
| 25) | Chlorobenzene . . . . . . . . . . . . 108-90-7 | |
| 26) | Chloroethane; Ethyl chloride . . . . . . . . . . . . 75-00-3 | |
| 27) | Chloroform; Trichloromethane . . . . . . . . . . . . 67-66-3 | |
| 28) | Dibromochloromethane; Chlorodibromomethane . . . . . . . . . . . . 124-48-1 |
|
| 29) | 1,2-Dibromo-3-chloropropane; DBCP . . . . . . . . . . . . 96-12-8 | |
| 30) | 1,2-Dibromoethane; Ethylene dibromide; EDB . . . . . . . . . . . . 106-93-4 |
|
| 31) | o-Dichlorobenzene; 1,2-Dichlorobenzene . . . . . . . . . . . . 95-50-1 |
|
| 32) | p-Dichlorobenzene; 1,4-Dichlorobenzene . . . . . . . . . . . . 106-46-7 |
|
| 33) | trans-1,4-Dichloro-2-butene . . . . . . . . . . . . 110-57-6 | |
| 34) | 1,1-Dichloroethane; Ethylidene chloride . . . . . . . . . . . . 75-34-3 |
|
| 35) | 1,2-Dichloroethane; Ethylene dichloride . . . . . . . . . . . . 107-06-2 |
|
| 36) | 1,1-Dichloroethylene; 1,1-Dichloroethene; Vinylidene chloride . . . . . . . . . . . . 75-35-4 |
|
| 37) | cis-1,2-Dichloroethylene; cis-1,2-Dichloroethene . . . . . . . . . . . . 156-59-2 |
|
| 38) | trans-1,2-Dichloroethylene; trans-1,2-Dichloroethene . . . . . . . . . . . . 156-60-5 |
|
| 39) | 1,2-Dichloropropane; Propylene dichloride . . . . . . . . . . . . 78-87-5 |
|
| 40) | cis-1,3-Dichloropropene . . . . . . . . . . . . 10061-01-5 | |
| 41) | trans-1,3-Dichloropropene . . . . . . . . . . . . 10061-02-6 | |
| 42) | Ethylbenzene . . . . . . . . . . . . 100-41-4 | |
| 43) | 2-Hexanone; Methyl butyl ketone . . . . . . . . . . . . (( |
|
| 44) | Methyl bromide; Bromomethane . . . . . . . . . . . . 74-83-9 | |
| 45) | Methyl chloride; Chloromethane . . . . . . . . . . . . 74-87-3 | |
| 46) | Methylene bromide; Dibromomethane . . . . . . . . . . . . 74-95-3 | |
| 47) | Methylene chloride; Dichloromethane . . . . . . . . . . . . 75-09-2 | |
| 48) | Methyl ethyl ketone; MEK; 2-Butanone . . . . . . . . . . . . 78-93-3 |
|
| 49) | Methyl iodide; lodomethane . . . . . . . . . . . . 74-88-4 | |
| 50) | 4-Methyl-2-pentanone; Methyl isobutyl ketone . . . . . . . . . . . . 108-10-1 |
|
| 51) | Styrene . . . . . . . . . . . . 100-42-5 | |
| 52) | 1,1,1,2-Tetrachloroethane . . . . . . . . . . . . 630-20-6 | |
| 53) | 1,1,2,2-Tetrachloroethane . . . . . . . . . . . . 79-34-5 | |
| 54) | Tetrachloroethylene; Tetrachloroethene; Perchloroethylene . . . . . . . . . . . . 127-18-4 |
|
| 55) | Toluene . . . . . . . . . . . . 108-88-3 | |
| 56) | 1,1,1-Trichloroethane; Methyl chloroform . . . . . . . . . . . . 71-55-6 |
|
| 57) | 1,1,2-Trichloroethane . . . . . . . . . . . . 79-00-5 | |
| 58) | Trichloroethylene; Trichloroethene . . . . . . . . . . . . 79-01-6 | |
| 59) | Trichlorofluoromethane; CFC-11 . . . . . . . . . . . . 75-69-4 | |
| 60) | 1,2,3-Trichloropropane . . . . . . . . . . . . 96-18-4 | |
| 61) | Vinyl acetate . . . . . . . . . . . . 108-05-4 | |
| 62) | vinyl chloride . . . . . . . . . . . . 75-01-4 | |
| 63) | Xylenes . . . . . . . . . . . . 1330-20-7 | |
| 1 | (( |
| Common names are those widely used in government regulations, scientific publications, and commerce; synonyms exist for many chemicals. | |
| (( |
Chemical Abstracts Service registry number. |
APPENDIX II
Groundwater QUALITY PARAMETERS
Field Parameters |
||
| pH | ||
| specific conductance | ||
| temperature | ||
| static water level | ||
Geochemical Indicator Parameters |
||
| Calcium (Ca) | Sodium (Na) | |
| Bicarbonate (HCO3) | Chloride (Cl) | |
| Magnesium (Mg) | Potassium (K) | |
| Sulfate (SO4) | Alkalinity (as Ca CO3) | |
| Total suspended solids (TSS) | Iron (Fe) (Dissolved) | |
| Manganese (Mn) (Dissolved) | ||
Leachate Indicators |
||
| Ammonia (NH3-N) | ||
| Total Organic Carbon (TOC) | ||
| Total Dissolved Solids (TDS) | ||
APPENDIX III
List of Hazardous Inorganic and Organic Constituents.((1))
| Common Name(( (( |
CAS RN(( |
Chemical abstracts service index name(( |
(( |
|
| Acenaphthene | 83-32-9 | Acenaphthylene, 1,2-dihydro- | (( 8270 |
10)) |
| Acenaphthylene | 208-96-8 | Acenaphthylene | (( 8270 |
10)) |
| Acetone | 67-64-1 | 2-Propanone | (( |
|
| Acetonitrile; Methyl cyanide |
75-05-8 | Acetonitrile | (( |
|
| Acetophenone | 98-86-2 | Ethanone, 1-phenyl- | (( |
|
| 2-Acetylaminofluorene; 2-AAF | 53-96-3 | Acetamide, N-9H-fluoren-2-yl- | (( |
|
| Acrolein | 107-02-8 | 2-Propenal | (( 8260 |
100)) |
| Acrylonitrile | 107-13-1 | 2-Propenenitrile | (( 8260 |
200)) |
| Aldrin | 309-00-2 | 1,4:5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexachloro-1,4, 4a,5,8,8a-hexahydro- (1α,4α, 4a&bgr;,5α,8α,8a&bgr;)- |
(( 8270 |
10)) |
| Allyl chloride | 107-05-1 | 1-Propene, 3-chloro- | (( 8260 |
10)) |
| 4-Aminobiphenyl | 92-67-1 | [1,1 1 -Biphenyl]-4-amine | (( |
|
| Anthracene | 120-12-7 | Anthracene | (( 8270 |
10)) |
| Antimony | ((( |
Antimony | (( 7040 7041 |
2000 30)) |
| Arsenic | ((( |
Arsenic | (( 7060 7061 |
10 20)) |
| Barium | ((( |
Barium | (( 7080 |
1000)) |
| Benzene | 71-43-2 | Benzene | (( 8021 8260 |
0.1 5)) |
| Benzo[a]anthracene; Benzanthracene |
56-55-3 | Benz[a]anthracene | (( 8270 |
10)) |
| Benzo[b]fluoranthene | 205-99-2 | Benz[e]acephenanthrylene | (( 8270 |
10)) |
| Benzo[k]fluoranthene | 207-08-9 | Benzo[k]fluoranthene | (( 8270 |
10)) |
| Benzo[ghi]perylene | 191-24-2 | Benzo[ghi]perylene | (( 8270 |
10)) |
| Benzo[a]pyrene | 50-32-8 | Benzo[a]pyrene | (( 8270 |
10)) |
| Benzyl alcohol | 100-51-6 | Benzenemethanol | (( |
|
| Beryllium | ((( |
Beryllium | (( 7090 7091 |
50 2)) |
| alpha-BHC | 319-84-6 | Cyclohexane, 1,2,3,4,5,6- hexachloro-, (1α,2α,3&bgr;,4α,5&bgr;,6&bgr;)- |
(( 8270 |
10)) |
| beta-BHC | 319-85-7 | Cyclohexane, 1,2,3,4,5,6- hexachloro-, (1α,2&bgr;,3α,4&bgr;,5α,6&bgr;)- |
(( 8270 |
20)) |
| delta-BHC | 319-86-8 | Cyclohexane, 1,2,3,4,5,6- hexachloro-, (1α,2α,3α,4&bgr;,5α,6&bgr;)- |
(( 8270 |
20)) |
| gamma-BHC; Lindane | 58-89-9 | Cyclohexane, 1,2,3,4,5,6- hexachloro-, (1α,2α,3&bgr;,4α,5α,6&bgr;)- |
(( 8270 |
20)) |
| Bis(2-chloroethoxy)methane | 111-91-1 | Ethane, 1,1 1 - [methylenebis(oxy)]bis[2-chloro- |
(( 8270 |
10)) |
| Bis(2-chloroethyl) ether; Dichloroethyl ether |
111-44-4 | Ethane, 1,1 1 -oxybis[2-chloro- | (( 8270 |
10)) |
| Bis-(2-chloro-1-methylethyl) ether; 2,2 1 - |
108-60-1 | Propane, 2,2 1 -oxybis[1-chloro- | (( 8270 |
10)) |
| Dichlorodiisopropyl ether; | ||||
| DCIP, See note (( |
||||
| Bis(2-ethylhexyl) phthalate | 117-81-7 | 1,2-Benzenedicarboxylic acid, bis(2-ethylhexyl) ester |
(( |
|
| Bromochloromethane; Chlorobromomethane |
74-97-5 | Methane, bromochloro- | (( 8260 |
5)) |
| Bromodichloromethane; Dibromochloromethane |
75-27-4 | Methane, bromodichloro- | (( 8021 8260 |
0.2 5)) |
| Bromoform; Tribromomethane | 75-25-2 | Methane, tribromo- | (( 8021 8260 |
15 5)) |
| 4-Bromophenyl phenyl ether | 101-55-3 | Benzene, 1-bromo-4-phenoxy- | (( 8270 |
10)) |
| Butyl benzyl phthalate; Benzyl butyl phthalate |
85-68-7 | 1,2-Benzenedicarboxylic acid, butyl phenylmethyl ester |
(( 8270 |
10)) |
| Cadmium | ((( |
Cadmium | (( 7130 7131 |
50 1)) |
| Carbon disulfide | 75-15-0 | Carbon disulfide | (( |
|
| Carbon tetrachloride | 56-23-5 | Methane, tetrachloro- | (( 8021 8260 |
0.1 10)) |
| Chlordane | See Note (( |
4,7-Methano-1H-indene, 1,2,4,5, 6,7,8,8-octachloro-2,3,3a,4,7, 7a-hexahydro- |
(( 8270 |
50)) |
| p-Chloroaniline | 106-47-8 | Benzenamine, 4-chloro- | (( |
|
| Chlorobenzene | 108-90-7 | Benzene, chloro- | (( 8020 8021 8260 |
2 0.1 5)) |
| Chlorobenzilate | 510-15-6 | Benzeneacetic acid, 4-chloro-α- (4-chlorophenyl)-α-hydroxy-, ethyl ester |
(( |
|
| p-Chloro-m-cresol; 4-Chloro-3- methylphenol |
59-50-7 | Phenol, 4-chloro-3-methyl- | (( 8270 |
20)) |
| Chloroethane; Ethyl chloride | 75-00-3 | Ethane, chloro- | (( 8021 8260 |
1 10)) |
| Chloroform; Trichloromethane | 67-66-3 | Methane, trichloro- | (( 8021 8260 |
0.2 5)) |
| 2-Chloronaphthalene | 91-58-7 | Naphthalene, 2-chloro- | (( 8270 |
10)) |
| 2-Chlorophenol | 95-57-8 | Phenol, 2-chloro- | (( 8270 |
10)) |
| 4-Chlorophenyl phenyl ether | 7005-72-3 | Benzene, 1-chloro-4-phenoxy- | (( 8270 |
10)) |
| Chloroprene | 126-99-8 | 1,3-Butadiene, 2-chloro- | (( 8260 |
20)) |
| Chromium | ((( |
Chromium | (( 7190 7191 |
500 10)) |
| Chrysene | 218-01-9 | Chrysene | (( 8270 |
10)) |
| Cobalt | ((( |
Cobalt | (( 7200 7201 |
500 10)) |
| Copper | ((( |
Copper | (( 7210 7211 |
200 10)) |
| m-Cresol; 3-methylphenol | 108-39-4 | Phenol, 3-methyl- | (( |
|
| o-Cresol; 2-methylphenol | 95-48-7 | Phenol, 2-methyl- | (( |
|
| p-Cresol; 4-methylphenol | 106-44-5 | Phenol, 4-methyl- | (( |
|
| Cyanide | 57-12-5 | Cyanide | (( |
|
| 2,4-D; 2,4- Dichlorophenoxyacetic acid |
94-75-7 | Acetic acid, (2,4- dichlorophenoxy)- |
(( |
|
| 4,4 (( |
72-54-8 | Benzene 1,1 1 -(2,2- dichloroethylidene)bis[4- chloro- |
(( 8270 |
10)) |
| 4,4 (( |
72-55-9 | Benzene, 1,1 1 - (dichloroethyenylidene)bis[4- chloro- |
(( 8270 |
10)) |
| 4,4 (( |
50-29-3 | Benzene, 1,1 1 -(2,2,2- trichloroethylidene)bis[4- chloro- |
(( 8270 |
10)) |
| Diallate | 2303-16-4 | Carbamothioic acid, bis(1- methylethyl)-,S-(2,3-dichloro- 2-propenyl) ester |
(( |
|
| Dibenz[a,h]anthracene | 53-70-3 | Dibenz[a,h]anthracene | (( 8270 |
10)) |
| Dibenzofuran | 132-64-9 | Dibenzofuran | (( |
|
| Dibromochloromethane; Chlorodibromomethane |
124-48-1 | Methane, dibromochloro- | (( 8021 8260 |
0.3 5)) |
| 1,2-Dibromo-3-chloropropane; DBCP |
96-12-8 | Propane, 1,2-dibrome-3-chloro- | (( 8021 8260 |
30 25)) |
| 1,2-Dibromoethane; Ethylene dribromide; EDB |
106-93-4 | Ethane, 1,2-dibromo- | (( 8021 8260 |
10 5)) |
| Di-n-butyl phthalate | 84-74-2 | 1,2-Benzenedicarboxylic acid, dibutyl ester |
(( 8270 |
10)) |
| o-Dichlorobenzene; 1,2- Dichlorobenzene |
95-50-1 | Benzene, 1,2-dichloro- | (( 8020 8021 8120 8260 8270 |
5 0.5 10 5 10)) |
| m-Dichlorobenzene; 1,3- Dichlorobenzene |
541-73-1 | Benzene, 1,3-Dichloro- | (( 8020 8021 8120 8260 8270 |
5 0.2 10 5 10)) |
| p-Dichlorobenzene; 1,4- Dichlorobenzene |
106-46-7 | Benzene, 1,4-dichloro- | (( 8020 8021 8120 8260 8270 |
5 0.1 15 5 10)) |
| 3,3 (( |
91-94-1 | [1,1 1 -Biphenyl]-4,4 1 -diamine, 3,3 1 -dichloro- | (( |
|
| trans-1,4-Dichloro-2-butene | 110-57-6 | 2-Butene, 1,4-dichloro-, (E)- | (( |
|
| Dichlorodifluoromethane; CFC 12; |
75-71-8 | Methane, dichlorodifluoro- | (( 8260 |
5)) |
| 1,1-Dichloroethane; Ethyldidene chloride |
75-34-3 | Ethane, 1,1-dichloro- | (( 8021 8260 |
0.5 5)) |
| 1,2-Dichloroethane; Ethylene dichloride |
107-06-2 | Ethane, 1,1-dichloro- | (( 8021 8260 |
0.3 5)) |
| 1,1-Dichloroethylene; 1,1- Dichloroethene; Vinylidene chloride |
75-35-4 | Ethene, 1,1-dichloro- | (( 8021 8260 |
0.5 5)) |
| cis-1,2-Dichloroethylene; cis- 1,2-Dichloroethene |
156-59-2 | Ethene, 1,2-dichloro-, (Z)- | (( 8260 |
5)) |
| trans-1,2-Dichloroethylene; trans-1,2-Dichloroethene |
156-60-5 | Ethene, 1,2-dichloro-, (E)- | (( 8021 8260 |
0.5 5)) |
| 2,4-Dichlorophenol | 120-83-2 | Phenol, 2,4-dichloro- | (( 8270 |
10)) |
| 2,6-Dichlorophenol | 87-65-0 | Phenol, 2,6-dichloro- | (( |
|
| 1,2-Dichloropropane;
Propylene dichloride |
78-87-5 | Propane, 1,2-dichloro- | (( 8021 8260 |
0.05 5)) |
| 1,3-Dichloropropane; Trimethylene dichloride |
142-28-9 | Propane, 1,3-dichloro- | (( 8260 |
5)) |
| 2,2-Dichloropropane; Isopropylidene chloride |
594-20-7 | Propane, 2,2-dichloro- | (( 8260 |
15)) |
| 1,1-Dichloropropene | 563-58-6 | 1-Propene, 1,1-dichloro- | (( 8260 |
5)) |
| cis-1,3-Dichloropropene | 10061-01-5 | 1-Propene, 1,3-dichloro-, (Z)- | (( 8260 |
10)) |
| trans-1,3-Dichloropropene | 10061-02-6 | 1-Propene, 1,3-dichloro-, (E)- | (( 8260 |
10)) |
| Dieldrin | 60-57-1 | 2,7:3,6-Dimethanonaphth[2,3- b]oxirene, 3,4,5,6,9,9-hexa, chloro-1a,2,2a,3,6,6a,7,7a- octahydro-, (1aα,2&bgr;,2aα,3&bgr;,6&bgr;, 6aα,7&bgr;,7aα)- |
(( 8270 |
10)) |
| Diethyl phthalate | 84-66-2 | 1,2-Benzenedicarboxylic acid, diethyl ester |
(( 8270 |
10)) |
| 0,0-Diethyl 0-2-pyrazinyl phosphorothioate; Thionazin |
297-97-2 | Phosphorothioic acid, 0,0- diethyl 0-pyrazinyl ester |
(( 8270 |
20)) |
| Dimethoate | 60-51-5 | Phosphorodithioic acid, 0,0- dimethyl S-[2-(methylamino)-2-oxoethyl] ester |
(( 8270 |
20)) |
| p-(Dimethylamino)azobenzene | 60-11-7 | Benzenamine, N,N-dimethyl-4-(phenylazo)- | (( |
|
| 7,12-Dimethylbenz[a]anthracene | 57-97-6 | Benz[a]anthracene, 7,12-dimethyl- | (( |
|
| 3,3 (( |
119-93-7 | [1,1 1 -Biphenyl]-4,4 1 -diamine, 3,3 1 -dimethyl- | (( |
|
| 2,4-Dimethylphenol; m-Xylenol | 105-67-9 | Phenol, 2,4-dimethyl- | (( 8270 |
10)) |
| Dimethyl phthalate | 131-11-3 | 1,2-Benzenedicarboxylic acid, dimethyl ester |
(( 8270 |
10)) |
| m-Dinitrobenzene | 99-65-0 | Benzene, 1,3-dinitro- | (( |
|
| 4,6-Dinitro-o-cresol 4,6- Dinitro-2-methylphenol |
534-52-1 | Phenol, 2-methyl-4,6-dinitro | (( 8270 |
50)) |
| 2,4-Dinitrophenol; | 51-28-5 | Phenol, 2,4-dinitro- | (( 8270 |
50)) |
| 2,4-Dinitrotoluene | 121-14-2 | Benzene, 1-methyl-2,4-dinitro- | (( 8270 |
10)) |
| 2,6-Dinitrotoluene | 606-20-2 | Benzene, 2-methyl-1,3-dinitro- | (( 8270 |
10)) |
| Dinoseb; DNBP;
2-sec-Butyl-4,6- dinitrophenol |
88-85-7 | Phenol, 2-(1-methylpropyl)-4,6- dinitro- |
(( 8270 |
20)) |
| Di-n-octyl phthalate | 117-84-0 | 1,2-Benzenedicarboxylic acid, dioctyl ester |
(( 8270 |
10)) |
| Diphenylamine | 122-39-4 | Benzenamine, N-phenyl- | (( |
|
| Disulfoton | 298-04-4 | Phosphorodithioic acid, 0,0- diethyl S-[2-(ethylthio)ethyl] ester |
(( 8141 8270 |
0.5 10)) |
| Endosulfan I | 959-98-8 | 6,9-Methano-2,4,3- benzodioxathiepin, 6,7,8,9,10,10-hexa-chloro-1,5,5a,6,9,9a-hexahydro-, 3-oxide, |
(( 8270 |
20)) |
| Endosulfan II | 33213-65-9 | 6,9-Methano-2,4,3- benzodioxathiepin, 6,7,8,9,10, 10-hexa- chloro-1,5,5a,6,9,9a- hexahydro-, 3-oxide, (3α,5aα, 6&bgr;,9&bgr;,9aα)- |
(( 8270 |
20)) |
| Endosulfan sulfate | 1031-07-8 | 6,9-Methano-2,4,3- benzodioxathiepin, 6,7,8,9,10, 10-hexa- chloro-1,5,5a,6,9,9a- hexahydro-,3-3-dioxide |
(( 8270 |
10)) |
| Endrin | 72-20-8 | 2,7:3,6-Dimethanonaphth[2,3- b]oxirene, 3,4,5,6,9,9- hexachloro-1a,2,2a,3,6,6a,7,7a- octahydro-, (1aα, 2&bgr;,2a&bgr;,3α,6α, 6a&bgr;,7&bgr;,7aα)- |
(( 8270 |
20)) |
| Endrin aldehyde | 7421-93-4 | 1,2,4- Methenocyclopenta[cd]pentalene- 5-carboxaldehyde, 2,2a,3,3,4,7- hexachlorodecahydro-, (1α,2&bgr;, 2a&bgr;,4&bgr;,4a&bgr;,5&bgr;,6a&bgr;,6b&bgr;,7R*)- |
(( 8270 |
10)) |
| Ethylbenzene | 100-41-4 | Benzene, ethyl- | (( 8221 8260 |
0.05 5)) |
| Ethyl methacrylate | 97-63-2 | 2-Propenoic acid, 2-methyl-, ethyl ester |
(( 8260 8270 |
10 10)) |
| Ethyl methanesulfonate | 62-50-0 | Methanesulfonic acid, ethyl ester | (( |
|
| Famphur | 52-85-7 | Phosphorothioic acid, 0-[4- [(dimethylamino)sulfonyl]pheny l] 0,0-dimethyl ester |
(( |
|
| Fluoranthene | 206-44-0 | Fluoranthene | (( 8270 |
10)) |
| Fluorene | 86-73-7 | 9H-Fluorene | (( 8270 |
10)) |
| Heptachlor | 76-44-8 | 4,7-Methano-1H-indene, 1,4,5,6, 7,8,8-heptachloro-3a,4,7,7a- tetrahydro- |
(( 8270 |
10)) |
| Heptachlor epoxide | 1024-57-3 | 2,5-Methano-2H-indeno[1,2- b]oxirene, 2,3,4,5,6,7,7- heptachloro-1a,1b,5,5a,6,6a- hexahydro-, (1aα, 1b&bgr;, 2α, 5α, 5a&bgr;, 6&bgr;, 6aα) |
(( 8270 |
10)) |
| Hexachlorobenzene | 118-74-1 | Benzene, hexachloro- | (( 8270 |
10)) |
| Hexachlorobutadiene | 87-68-3 | 1,3-Butadiene, 1,1,2,3,4,4- hexachloro- |
(( 8120 8260 8270 |
5 10 10)) |
| Hexachlorocyclopentadiene | 77-47-4 | 1,3-Cyclopentadiene, 1,2,3,4,5, 5-hexachloro- |
(( 8270 |
10)) |
| Hexachloroethane | 67-72-1 | Ethane, hexachloro- | (( 8260 8270 |
10 10)) |
| Hexachloropropene | 1888-71-7 | 1-Propene, 1,1,2,3,3,3- hexachloro- |
(( |
|
| 2-Hexanone; Methyl butyl ketone | 591-78-6 | 2-Hexanone | (( |
|
| Indeno(1,2,3-cd)pyrene | 193-39-5 | Indeno(1,2,3-cd)pyrene | (( 8270 |
10)) |
| Isobutyl alcohol | 78-83-1 | 1-Propanol, 2-methyl- | (( 8240 |
100)) |
| Isodrin | 465-73-6 | 1,4,5,8-Dimethanonaphthalene,1, 2,3,4,10,10- hexachloro-1,4,4a, 5,8,8a hexahydro- (1α,4α,4a&bgr;, 5&bgr;,8&bgr;,8a&bgr;)- |
(( 8260 |
10)) |
| Isophorone | 78-59-1 | 2-Cyclohexen-1-one, 3,5,5- trimethyl- |
(( 8270 |
10)) |
| Isosafrole | 120-58-1 | 1,3-Benzodioxole, 5-(1-propenyl)- | (( |
|
| Kepone | 143-50-0 | 1,3,4-Metheno-2H- cyclobuta[cd]pentalen-2-one, 1, 1a,3,3a,4,5,5,5a,5b,6- decachlorooctahydro- |
(( |
|
| Lead | ((( |
Lead | (( 7420 7421 |
1000 10)) |
| Mercury | (Total) | Mercury | (( |
|
| Methacrylonitrile | 126-98-7 | 2-Propenenitrile, 2-methyl- | (( 8260 |
100)) |
| Methapyrilene | 91-80-5 | 1,2-Ethanediamine, N.N- dimethyl-N 1 -2-pyridinyl-N1/2- thienylmethyl)- |
(( |
|
| Methoxychlor | 72-43-5 | Benzene,1,1 1 -(2,2,2, trichloroethylidene)bis[4-methoxy- |
(( 8270 |
10)) |
| Methyl bromide; Bromomethane | 74-83-9 | Methane, bromo- | (( 8021 |
10)) |
| Methyl chloride; Chloromethane | 74-87-3 | Methane, chloro- | (( 8021 |
0.3)) |
| 3-Methylcholanthrene | 56-49-5 | Benz[j]aceanthrylene, 1,2-dihydro-3-methyl- | (( |
|
| Methyl ethyl ketone; MEK; 2-Butanone | 78-93-3 | 2-Butanone | (( 8260 |
100)) |
| Methyl iodide; Iodomethane | 74-88-4 | Methane, iodo- | (( 8260 |
10)) |
| Methyl methacrylate | 80-62-6 | 2-Propenoic acid, 2-methyl-, methyl ester |
(( 8260 |
30)) |
| Methyl methanesulfonate | 66-27-3 | Methanesulfonic acid, methyl ester | (( |
|
| 2-Methylnaphthalene | 91-57-6 | Naphthalene, 2-methyl- | (( |
|
| Methyl parathion; Parathion methyl | 298-00-0 | Phosphorothioic acid, 0,0-dimethyl | (( 8141 8270 |
1 10)) |
| 4-Methyl-2-pentanone; Methyl isobutyl ketone |
108-10-1 | 2-Pentanone, 4-methyl- | (( 8260 |
100)) |
| Methylene bromide; Dibromomethane | 74-95-3 | Methane, dibromo- | (( 8021 8260 |
20 10)) |
| Methylene chloride; Dichloromethane |
75-09-2 | Methane, dichloro- | (( 8021 8260 |
0.2 10)) |
| Naphthalene | 91-20-3 | Naphthalene | (( 8100 8260 8270 |
200 5 10)) |
| 1,4-Naphthoquinone | 130-15-4 | 1,4-Naphthalenedione | (( |
|
| 1-Naphthylamine | 134-32-7 | 1-Naphthalenamine | (( |
|
| 2-Naphthylamine | 91-59-8 | 2-Naphthalenamine | (( |
|
| Nickel | (Total) | Nickel | (( 7520 |
400)) |
| o-Nitroaniline; 2-Nitroaniline | 88-74-4 | Benzenamine, 2-nitro- | (( |
|
| m-Nitroaniline; 3-Nitroanile | 99-09-2 | Benzenamine, 3-nitro- | (( |
|
| p-Nitroaniline; 4-Nitroaniline | 100-01-6 | Benzenamine, 4-nitro | (( |
|
| Nitrobenzene | 98-95-3 | Benzene, nitro- | (( 8270 |
10)) |
| o-Nitrophenol; 2-Nitrophenol | 88-75-5 | Phenol, 2-nitro- | (( 8270 |
10)) |
| p-Nitrophenol; 4-Nitrophenol | 100-02-7 | Phenol, 4-nitro- | (( 8270 |
50)) |
| N-Nitrosodi-n-butylamine | 924-16-3 | 1-Butanamine, N-butyl-N-nitroso- | (( |
|
| N-Nitrosodiethylamine | 55-18-5 | Ethanamine, N-ethyl-N-nitroso- | (( |
|
| N-Nitrosodimethylamine | 62-75-9 | Methanamine, N-methyl-N-nitroso- | (( |
|
| N-Nitrosodiphenylamine | 86-30-6 | Benzenamine, N-nitroso-N-phenyl- | (( |
|
| N-Nitrosodipropylamine; N- Nitroso-N-dipropylamine; Di-n- propylnitrosamine |
621-64-7 | 1-Propanamine, N-nitroso-N-propyl- | (( |
|
| N-Nitrosomethylethalamine | 10595-95-6 | Ethanamine, N-methyl-N-nitroso- | (( |
|
| N-Nitrosopiperidine | 100-75-4 | Piperidine, 1-nitroso- | (( |
|
| N-Nitrosopyrrolidine | 930-55-2 | Pyrrolidine, 1-nitroso- | (( |
|
| 5-Nitro-o-toluidine | 99-55-8 | Benzenamine, 2-methyl-5-nitro- | (( |
|
| Parathion | 56-38-2 | Phosphorothioic acid, 0,0- diethyl 0-(4-nitrophenyl) ester |
(( 8270 |
10)) |
| Pentachlorobenzene | 608-93-5 | Benzene, pentachloro- | (( |
|
| Pentachloronitrobenzene | 82-68-8 | Benzene, pentachloronitro- | (( |
|
| Pentachlorophenol | 87-86-5 | Phenol, pentachloro- | (( 8270 |
50)) |
| Phenacetin | 62-44-2 | Acetamide, N-(4-ethoxyphenl) | (( |
|
| Phenanthrene | 85-01-8 | Phenanthrene | (( 8270 |
10)) |
| Phenol | 108-95-2 | Phenol | (( |
|
| p-Phenylenediamine | 106-50-3 | 1,4-Benzenediamine | (( |
|
| Phorate | 298-02-2 | Phosphorodithioic acid, 0,0- diethyl S-[(ethylthio)methyl] ester |
(( 8141 8270 |
0.5 10)) |
| Polychlorinated biphenyls; PCBs; Aroclors |
See Note (( |
1,1'-Biphenyl, chloro derivatives | (( 8270 |
200)) |
| Pronamide | 23950-58-5 | Benzamide, 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)- | (( |
|
| Propionitrile; Ethyl cyanide | 107-12-0 | Propanenitrile | (( 8260 |
150)) |
| Pyrene | 129-00-0 | Pyrene | (( 8270 |
10)) |
| Safrole | 94-59-7 | 1,3-Benzodioxole, 5-(2-propenyl)- | (( |
|
| Selenium | ((( |
Selenium | (( 7740 7741 |
20 20)) |
| Silver | ((( |
Silver | (( 7760 7761 |
100 10)) |
| Silvex; 2,4,5-TP | 93-72-1 | Propanoic acid, 2-(2,4,5-trichlorophenoxy)- | (( |
|
| Styrene | 100-42-5 | Benzene, ethenyl- | (( 8021 8260 |
0.1 10)) |
| Sulfide | 18496-25-8 | Sulfide | (( |
|
| 2,4,5-T; 2,4,5- Trichlorophenoxyacetic acid |
93-76-5 | Acetic acid, (2,4,5-trichlorophenoxy)- | (( |
|
| 1,2,4,5-Tetrachlorobenzene | 95-94-3 | Benzene, 1,2,4,5-tetrachloro- | (( |
|
| 1,1,1,2-Tetrachloroethane | 630-20-6 | Ethane, 1,1,1,2-tetrachloro- | (( 8021 8260 |
0.05 5)) |
| 1,1,2,2-Tetrachloroethane | 79-34-5 | Ethane, 1,1,2,2-tetrachloro- | (( 8021 8260 |
0.1 5)) |
| Tetrachloroethylene; Tetrachloroethene; Perchloroethylene |
127-18-4 | Ethene, tetrachloro- | (( 8021 8260 |
0.5 5)) |
| 2,3,4,6-Tetrachlorophenol | 58-90-2 | Phenol, 2,3,4,6-tetrachloro- | (( |
|
| Thallium | ((( |
Thallium | (( 7840 7841 |
1000 10)) |
| Tin | ((( |
Tin | (( |
|
| Toluene | 108-88-3 | Benzene, methyl- | (( 8021 8260 |
0.1 5)) |
| o-Toluidine | 95-53-4 | Benzenamine, 2-methyl- | (( |
|
| Toxaphene | See Note (( |
Toxaphene | (( |
|
| 1,2,4-Trichlorobenzene | 120-82-1 | Benzene, 1,2,4-trichloro- | (( 8120 8260 8270 |
0.5 10 10)) |
| 1,1,1-Trichloroethane; Methylchloroform |
71-55-6 | Ethane, 1,1,1-trichloro- | (( 8021 8260 |
0.3 5)) |
| 1,1,2-Trichloroethane | 79-00-5 | Ethane, 1,1,2-trichloro- | (( 8260 |
5)) |
| Trichloroethylene; Trichloroethene |
79-01-6 | Ethene, trichloro- | (( 8021 8260 |
0.2 5)) |
| Trichlorofluoromethane; CFC-11 | 75-69-4 | Methane, trichlorofluoro- | (( 8021 8260 |
0.3 5)) |
| 2,4,5-Trichlorophenol | 95-95-4 | Phenol, 2,4,5-trichloro- | (( |
|
| 2,4,6-Trichlorophenol | 88-06-2 | Phenol, 2,4,6-trichloro- | (( 8270 |
10)) |
| 1,2,3-Trichloropropane | 96-18-4 | Propane, 1,2,3-trichloro- | (( 8021 8260 |
5 15)) |
| 0,0,0-Triethyl phosphorothioate |
126-68-1 | Phosphorothioic acid, 0,0,0-triethylester | (( |
|
| sym-Trinitrobenzene | 99-35-4 | Benzene, 1,3,5-trinitro- | (( |
|
| Vanadium | ((( |
Vanadium | (( 7910 7911 |
2000 40)) |
| Vinyl acetate | 108-05-4 | Acetic acid, ethenyl ester | (( |
|
| Vinyl chloride; Chloroethene | 75-01-4 | Ethene, chloro- | (( 8021 8260 |
0.4 10)) |
| Xylene (total) | See Note (( |
Benzene, dimethyl- | (( 8021 8260 |
0.2 5)) |
| Zinc | ((( |
Zinc | (( 7950 7951 |
50 0.5)) |
| Notes: |
|
((APPENDIX IV
PARAMETERS FOR LEACHATE ANALYSIS
Appendix I1 Parameters |
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-990, filed 10/26/93, effective 11/26/93.]
Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.