(1) A person may offer, transport, transfer, or deliver a designated dangerous waste only to a TSD facility which is operating either: Under a permit issued pursuant to the requirements of this chapter; or, if the TSD facility is located outside of this state, under interim status or a permit issued by United States EPA under 40 C.F.R. Part 270, or under interim status or a permit issued by another state which has been authorized by United States EPA pursuant to 40 C.F.R. Part 271.
(2) A person may offer a state only designated dangerous waste (not regulated as a hazardous waste by EPA) to a facility which is located outside of this state and which does not meet the requirements of subsection (1) of this section if:
(a) The facility receiving the waste will legitimately treat or recycle the dangerous waste (disposal is an unacceptable management practice);
(b) The generator has on file a letter or copy of a letter signed by the regulatory authority in the receiving state that the receiving facility may accept the waste;
(c) The generator uses a transporter with a valid EPA/state identification number;
(d) The generator complies with all other applicable requirements, including manifesting, packaging and labeling, with respect to the shipping of the waste; and
(e) The generator receives from the receiving facility a signed and dated copy of the manifest.
[Statutory Authority: Chapter
70.105,
70.105D RCW and Subtitle C of RCRA. WSR 20-20-045 (Order 19-07), § 173-303-141, filed 9/30/20, effective 10/31/20. Statutory Authority: Chapters
70.105 and
70.105D RCW. WSR 95-22-008 (Order 94-30), § 173-303-141, filed 10/19/95, effective 11/19/95. Statutory Authority: Chapter
70.105 RCW. WSR 86-12-057 (Order DE-85-10), § 173-303-141, filed 6/3/86; WSR 84-09-088 (Order DE 83-36), § 173-303-141, filed 4/18/84. Statutory Authority: Chapter
70.105 RCW and RCW
70.95.260. WSR 82-05-023 (Order DE 81-33), § 173-303-141, filed 2/10/82.]