Supplemental Notice to WSR 05-01-235.
Preproposal statement of inquiry was filed as WSR 04-14-055.
Title of Rule and Other Identifying Information: Chapter 173-350 WAC, Solid waste handling standards, the chapter applies to facilities and activities that manage solid wastes not defined as municipal solid waste.
Hearing Location(s): Originally a hearing on this rule making was scheduled for February 8, 2005, due to this supplemental filing that hearing will no longer be taking place. A new hearing is scheduled at the Ecology Headquarters Building, 300 Desmond Drive, Lacey, WA, on February 23, 2005, at 1:00 p.m.
Date of Intended Adoption: March 7, 2005.
Submit Written Comments to: Randy Martin, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, e-mail email@example.com, fax (360) 407-7157, by March 2, 2005.
Assistance for Persons with Disabilities: Contact Solid Waste and Financial Assistance Program by February 9, 2005, TTY (800) 833-6388 or (360) 407-6900.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Ecology is filing this supplemental CR-102 in order to file the small business economic impact statement (SBEIS) with the Office of the Code Reviser. Ecology has not changed the proposed language filed as WSR 05-01-235.
This rule amendment would clarify the definitions of clean soils and clean dredged materials, contaminated soils and contaminated dredged material.
Reasons Supporting Proposal: This rule change is a temporary fix. We adopted a new solid waste rule, and revised our soil standards to be more clear. Upon implementation, we have found that our new standards are not more clear, and are causing much concern. This rule change takes us back to the old standards. We will file another rule with the final soil standards in the spring of 2005. In that process, we will analyze the concerns and economic impacts.
Statutory Authority for Adoption: RCW 70.95.060, authorizes ecology to adopt rules to implement the requirements of chapter 70.95 RCW.
Statute Being Implemented: Chapter 70.75 RCW, Solid waste management -- Reduction and Recycling Act.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington Department of Ecology, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Albert W. Krafft, ERO Regional Office, Spokane, (509) 329-3438.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
This proposed rule amendment will amend the definitions of "clean soils and clean dredged material," "contaminated dredged material" and "contaminated soils." This would have the affect of changing ecology's approach to managing soils containing contaminants, as set forth in chapter 173-350 WAC, Solid waste handling standards. Numerous stakeholders have expressed concern with the current approach to managing soils containing contaminants.
COSTS: The proposed rule amendment is not expected to have any cost impact to public or private entities and is not expected to have any impact on the environment for the following reasons:
1. In the last two years, the change from the prior language, which is being used in this proposed amendment, has had little impact.1
2. For purposes of an SBEIS, no small business was affected in the last two years.
3. Significantly, this proposed rule change is intended as a temporary adjustment lasting only a few months, to deal with implementation problems arising from the adoption of the definitions listed above. This proposal is intended to be a very short-term measure that will give both ecology and stakeholders the opportunity to develop and adopt a rule that will avoid the implementation and compliance problems experienced under the current rule.
This proposed rule amendment is intended as a temporary solution to concerns and problems encountered as ecology attempted to implement the definitions. Ecology expects this proposed amendment to be in effect for a few months. Given the infrequency with which the definitions have been applied and given the expected adoption date of revisions to this proposed rule amendment, it is unlikely that this rule can have any cost impact.
The proposed rule is expected to be adopted in March of 2005.
Ecology expects to submit a CR-101 at the time of the February hearings, a CR-102 with a proposed revision addressing the problems previously encountered by mid-March of 2005, and a CR-103 adopting the final solution in June of 2005. This change is expected to deal with any potential incongruency between definitions from WAC 173-350-100 and 173-304-100.
Given that the rule is unlikely to have a cost impact at all, the likelihood of having an impact on a small business is then extremely small. Thus, no ratios can be constructed for the SBEIS. Further, ecology will soon (spring 2005) revise the soil standards. This process will include an SBEIS and full cost benefit analysis.
BENEFITS: This proposed rule amendment is intended to reduce the burden of uncertainty for individuals, companies, and public sector entities involved in soil movement or dredging. The shift from the definitions of two years ago, to the current definitions and finally to the permanent definitions, and the potential for a discrepancy between definitions in chapters 173-304 and 173-350 WAC, could create unnecessary confusion in the planning of both normal soil movement and cleanups. Thus, this proposed rule amendment could constitute a cost-reducing feature under chapter 19.85 RCW and a lowering of burden under RCW 34.05.328.
The benefit of this rule amendment is that individuals and companies will be able to move forward in planning their work in the way that they are accustomed to doing soil movement, dredging, and cleanup without having to change their planned compliance activities twice.
This proposed rule reverts to the definitions that were in place two years ago before the current definitions were adopted. The proposed definitions are comparable to the definitions that have been in effect in WAC 173-304-100 since 1985.
Given that the definitions being revised have not affected the environment over the last two years and given that the proposed rule amendment is expected to be temporary, it is unlikely that there will be any environmental impact. There may be some potential that reduced confusion will allow cleanup planning to proceed more quickly, thus benefiting the environment.
We will begin a second rule making in the spring of 2005 to address soils management. In that revision, we will include topsoil brokers, contractors, and landscapers. These are the majority of impacted small businesses working with soils. If other small businesses are identified, we will attempt to work with them as well.
1 The existing definitions have only been applied to two cases and has not really had an effect in either case:
1. Port Angeles Graving Dock - The proponent (WSDOT) wanted to take slightly contaminated soils to a topsoil broker named Shotwell. The local health jurisdiction, with our backing, asked that soils go either to the nearby landfill or to a nearby cleanup site for grading use. WSDOT didn't like our options, which they claimed would cost more (this is a matter of dispute). We worked with the locals to craft a way whereby soils could go to Shotwell. This caused neither delay nor any additional costs. No small business was affected.
2. Blair Waterway Dredge Material - Dredge spoils from a Commencement Bay cleanup were destined for the LRI landfill several miles away. This would have cost the clean-up PRP significant transportation and disposal monies. We worked with the local health department to find an alternate solution. Another Commencement Bay clean-up site at the former Kaiser plant needed soils for grading. Because we had knowledge of the dredge spoils and the Kaiser site, we quickly concluded that the dredge material would be suitable for use at the Kaiser site. This saved costs. However, there is flexibility on cleanups and the cost savings may have resulted in some other way. Further, for purposes of an SBEIS no small business was affected.
A copy of the statement may be obtained by contacting Randy Martin, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6136, fax (360) 407-7157, e-mail firstname.lastname@example.org; or downloading a copy from the following website http://www.ecy.wa.gov/laws-rules/activity/wac173350.html.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Randy Martin, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6136, fax (360) 407-7157, e-mail email@example.com, or the following website http://www.ecy.wa.gov/laws-rules/activity/wac173350.html.
January 7, 2005
AMENDATORY SECTION(Amending Order 99-24, filed 1/10/03, effective 2/10/03)
WAC 173-350-100 Definitions. When used in this chapter, the following terms have the meanings given below.
"Active area" means that portion of a facility where solid waste recycling, reuse, treatment, storage, or disposal operations are being, are proposed to be, or have been conducted. Setbacks shall not be considered part of the active area of a facility.
"Agricultural composting" means composting of agricultural waste as an integral component of a system designed to improve soil health and recycle agricultural wastes. Agricultural composting is conducted on lands used for farming.
"Agricultural wastes" means wastes on farms resulting from the raising or growing of plants and animals including, but not limited to, crop residue, manure and animal bedding, and carcasses of dead animals weighing each or collectively in excess of fifteen pounds.
"Agronomic rates" means the application rate (dry weight basis) that will provide the amount of nitrogen or other critical nutrient required for optimum growth of vegetation, and that will not result in the violation of applicable standards or requirements for the protection of ground or surface water as established under chapter 90.48 RCW, Water pollution control and related rules including chapter 173-200 WAC, Water quality standards for ground waters of the state of Washington, and chapter 173-201A WAC, Water quality standards for surface waters of the state of Washington.
"Air quality standard" means a standard set for maximum allowable contamination in ambient air as set forth in chapter 173-400 WAC, General regulations for air pollution sources.
"Below ground tank" means a device meeting the definition of "tank" in this chapter where a portion of the tank wall is situated to any degree within the ground, thereby preventing visual inspection of that external surface of the tank that is in the ground.
"Beneficial use" means the use of solid waste as an ingredient in a manufacturing process, or as an effective substitute for natural or commercial products, in a manner that does not pose a threat to human health or the environment. Avoidance of processing or disposal cost alone does not constitute beneficial use.
"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 applicable requirements under chapter 173-308 WAC, Biosolids management. Biosolids includes a material derived from biosolids and septic tank sludge, also known as septage, that can be beneficially recycled and meets all applicable requirements under chapter 173-308 WAC, Biosolids management.
"Buffer" means a permanently vegetated strip adjacent to an application area, the purpose of which is to filter runoff or overspray from the application area and protect an adjacent area.
"Cab cards" means a license carried in a vehicle that authorizes that vehicle to legally pick up waste tires and haul to a permitted, licensed facility or an exempt facility for deposit.
"Captive insurance companies" means companies that are wholly owned subsidiaries controlled by the parent company and established to insure the parent company or its other subsidiaries.
"Channel migration zone" means the lateral extent of likely movement of a stream or river channel along a stream reach.
"Clean soils and clean dredged material" means soils and
dredged material ((
that do not contain contaminants at
concentrations which could negatively impact the existing
quality of air, waters of the state, soils, or sediments; or
pose a threat to the health of humans or other living
organisms)) which are not dangerous wastes, contaminated
soils, or contaminated dredged material as defined in this
"Closure" means those actions taken by the owner or operator of a solid waste handling facility to cease disposal operations or other solid waste handling activities, to ensure that all such facilities are closed in conformance with applicable regulations at the time of such closures and to prepare the site for the post-closure period.
"Closure plan" means a written plan developed by an owner or operator of a facility detailing how a facility is to close at the end of its active life.
"Composted material" means organic solid waste that has undergone biological degradation and transformation under controlled conditions designed to promote aerobic decomposition at a solid waste facility in compliance with the requirements of this chapter. Natural decay of organic solid waste under uncontrolled conditions does not result in composted material.
"Composting" means the biological degradation and transformation of organic solid waste under controlled conditions designed to promote aerobic decomposition. Natural decay of organic solid waste under uncontrolled conditions is not composting.
"Conditionally exempt small quantity generator (CESQG)" means a dangerous waste generator whose dangerous wastes are not subject to regulation under chapter 70.105 RCW, Hazardous waste management, solely because the waste is generated or accumulated in quantities below the threshold for regulation and meets the conditions prescribed in WAC 173-303-070 (8)(b).
"Conditionally exempt small quantity generator (CESQG) waste" means dangerous waste generated by a conditionally exempt small quantity generator.
"Container" means a portable device used for the collection, storage, and/or transportation of solid waste including, but not limited to, reusable containers, disposable containers, and detachable containers.
"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.
"Contaminate" means the release of solid waste, leachate, or gases emitted by solid waste, such that contaminants enter the environment at concentrations that pose a threat to human health or the environment, or cause a violation of any applicable environmental regulation.
"Contaminated dredged material" means dredged material resulting from the dredging of surface waters of the state where contaminants are present in the dredged material at concentrations not suitable for open water disposal and the dredge spoils are not dangerous wastes and are not regulated by section 404 of the Federal Clean Water Act (P.L. 95-217).
"Contaminated soils ((
and contaminated dredged
material))" means soils (( and dredged material that contain
contaminants at concentrations which could negatively impact
the existing quality of air, waters of the state, soils or
sediments, or pose a threat to the health of humans or other
living organisms)) removed during the cleanup of a hazardous
waste site, or a dangerous waste facility closure, corrective
actions or other clean-up activities and which contain harmful
substances but are not designated dangerous wastes.
"Corrosion expert" means a person certified by the National Association of Corrosion Engineers (NACE) or a registered professional engineer who has certification or licensing that includes education and experience in corrosion control.
"Crop residues" means vegetative material leftover from the harvesting of crops, including leftover pieces or whole fruits or vegetables, crop leaves and stems. Crop residue does not include food processing waste.
"Dangerous wastes" means any solid waste designated as dangerous waste by the department under chapter 173-303 WAC, Dangerous waste regulations.
"Department" means the Washington state department of ecology.
"Detachable containers" means reusable containers that are mechanically loaded or handled, such as a dumpster or drop box.
"Disposable containers" means containers that are used once to handle solid waste, such as plastic bags, cardboard boxes and paper bags.
"Disposal" or "deposition" means the discharge, deposit, injection, dumping, leaking, or placing of any solid waste into or on any land or water.
"Domestic septage" means Class I, II or III domestic septage as defined in chapter 173-308 WAC, Biosolids management.
"Domestic wastewater facility" means all structures, equipment, or processes required to collect, carry away, treat, reclaim, or dispose of domestic wastewater together with such industrial waste as may be present.
"Drop box facility" means a facility used for the placement of a detachable container including the area adjacent for necessary entrance and exit roads, unloading and turn-around areas. Drop box facilities normally serve the general public with loose loads and receive waste from off-site.
"Energy recovery" means the recovery of energy in a useable form from mass burning or refuse-derived fuel incineration, pyrolysis or any other means of using the heat of combustion of solid waste that involves high temperature (above twelve hundred degrees Fahrenheit) processing.
"Existing facility" means a facility which is owned or leased, and in operation, or for which facility construction has begun, on or before the effective date of this chapter and the owner or operator has obtained permits or approvals necessary under federal, state and local statutes, regulations and ordinances.
"Facility" means all contiguous land (including buffers and setbacks) and structures, other appurtenances, and improvements on the land used for solid waste handling.
"Facility construction" means the continuous on-site physical act of constructing solid waste handling unit(s) or when the owner or operator of a facility has entered into contractual obligations for physical construction of the facility that cannot be canceled or modified without substantial financial loss.
"Facility structures" means constructed infrastructure such as buildings, sheds, utility lines, and piping on the facility.
"Garbage" means animal and vegetable waste resulting from the handling, storage, sale, preparation, cooking, and serving of foods.
"Ground water" means that part of the subsurface water that is in the zone of saturation.
"Holocene fault" means a plane along which earthen material on one side has been displaced with respect to that on the other side and has occurred in the most recent epoch of the Quaternary period extending from the end of the Pleistocene to the present.
"Home composting" means composting of on-site generated wastes, and incidental materials beneficial to the composting process, by the owner or person in control of a single-family residence, or for a dwelling that houses two to five families, such as a duplex or clustered dwellings.
"Household hazardous wastes" means any waste which exhibits any of the properties of dangerous wastes that is exempt from regulation under chapter 70.105 RCW, Hazardous waste management, solely because the waste is generated by households. Household hazardous waste can also include other solid waste identified in the local hazardous waste management plan prepared pursuant to chapter 70.105 RCW, Hazardous waste management.
"Hydrostratigraphic unit" means any water-bearing geologic unit or units hydraulically connected or grouped together on the basis of similar hydraulic conductivity which can be reasonably monitored; several geologic formations or part of a geologic formation may be grouped into a single hydrostratigraphic unit; perched sand lenses may be considered a hydrostratigraphic unit or part of a hydrostratigraphic unit, for example.
"Incineration" means reducing the volume of solid wastes by use of an enclosed device using controlled flame combustion.
"Incompatible waste" means a waste that is unsuitable for mixing with another waste or material because the mixture might produce excessive heat or pressure, fire or explosion, violent reaction, toxic dust, fumes, mists, or gases, or flammable fumes or gases.
"Industrial solid wastes" means solid waste generated from manufacturing operations, food processing, or other industrial processes.
"Industrial wastewater facility" means all structures, equipment, or processes required to collect, carry away, treat, reclaim, or dispose of industrial wastewater.
"Inert waste" means solid wastes that meet the criteria for inert waste in WAC 173-350-990.
"Inert waste landfill" means a landfill that receives only inert wastes.
"Intermediate solid waste handling facility" means any intermediate use or processing site engaged in solid waste handling which is not the final site of disposal. This includes material recovery facilities, transfer stations, drop boxes, baling and compaction sites.
"Intermodal facility" means any facility operated for the purpose of transporting closed containers of waste and the containers are not opened for further treatment, processing or consolidation of the waste.
"Jurisdictional health department" means city, county, city-county or district public health department.
"Land application site" means a contiguous area of land under the same ownership or operational control on which solid wastes are beneficially utilized for their agronomic or soil-amending capability.
"Land reclamation" means using solid waste to restore drastically disturbed lands including, but not limited to, construction sites and surface mines. Using solid waste as a component of fill is not land reclamation.
"Landfill" means a disposal facility or part of a facility at which solid waste is permanently placed in or on land including facilities that use solid waste as a component of fill.
"Leachate" means water or other liquid within a solid waste handling unit that has been contaminated by dissolved or suspended materials due to contact with solid waste or gases.
"Limited moderate risk waste" means waste batteries, waste oil, and waste antifreeze generated from households.
"Limited moderate risk waste facility" means a facility that collects, stores, and consolidates only limited moderate risk waste.
"Limited purpose landfill" means a landfill which is not regulated or permitted by other state or federal environmental regulations that receives solid wastes limited by type or source. Limited purpose landfills include, but are not limited to, landfills that receive segregated industrial solid waste, construction, demolition and landclearing debris, wood waste, ash (other than special incinerator ash), and dredged material. Limited purpose landfills do not include inert waste landfills, municipal solid waste landfills regulated under chapter 173-351 WAC, Criteria for municipal solid waste landfills, landfills disposing of special incinerator ash regulated under chapter 173-306 WAC, Special incinerator ash management standards, landfills regulated under chapter 173-303 WAC, Dangerous waste regulations, or chemical waste landfills used for the disposal of polychlorinated biphenyls (PCBs) regulated under Title 40 CFR Part 761, Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution in Commerce, and Use Prohibitions.
"Liquid" means a substance that flows readily and assumes the form of its container but retains its independent volume.
"Liquid waste" means any solid waste which is deemed to contain free liquids as determined by the Paint Filter Liquids Test, Method 9095, in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846.
"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 or asphalt, or unconsolidated earth materials, soil or regolith lying at or near the earth's surface.
"Local fire control agency" means a public or private agency or corporation providing fire protection such as a local fire department, the department of natural resources or the United States Forest Service.
"Lower explosive limits" means the lowest percentage by volume of a mixture of explosive gases that will propagate a flame in air at twenty-five degrees centigrade and atmospheric pressure.
"Material recovery facility" means any facility that collects, compacts, repackages, sorts, or processes for transport source separated solid waste for the purpose of recycling.
"Mobile systems and collection events" means activities conducted at a temporary location to collect moderate risk waste.
"Moderate risk waste (MRW)" means solid waste that is limited to conditionally exempt small quantity generator (CESQG) waste and household hazardous waste (HHW) as defined in this chapter.
"MRW facility" means a solid waste handling unit that is used to collect, treat, recycle, exchange, store, consolidate, and/or transfer moderate risk waste. This does not include mobile systems and collection events or limited MRW facilities that meet the applicable terms and conditions of WAC 173-350-360 (2) or (3).
"Municipal solid waste (MSW)" means a subset of solid waste which includes unsegregated garbage, refuse and similar solid waste material discarded from residential, commercial, institutional and industrial sources and community activities, including residue after recyclables have been separated. Solid waste that has been segregated by source and characteristic may qualify for management as a non-MSW solid waste, at a facility designed and operated to address the waste's characteristics and potential environmental impacts. The term MSW does not include:
&sqbul; Dangerous wastes other than wastes excluded from the requirements of chapter 173-303 WAC, Dangerous waste regulations, in WAC 173-303-071 such as household hazardous wastes;
&sqbul; Any solid waste, including contaminated soil and debris, resulting from response action taken under section 104 or 106 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. 9601), chapter 70.105D RCW, Hazardous waste cleanup -- Model Toxics Control Act, chapter 173-340 WAC, the Model Toxics Control Act cleanup regulation or a remedial action taken under those rules; nor
&sqbul; Mixed or segregated recyclable material that has been source-separated from garbage, refuse and similar solid waste. The residual from source separated recyclables is MSW.
"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 solid waste handling unit" means a solid waste handling unit that begins operation or facility construction, and significant modifications to existing solid waste handling units, after the effective date of this chapter.
"Nuisance odor" means any odor which is found offensive or may unreasonably interfere with any person's health, comfort, or enjoyment beyond the property boundary of a facility.
"One hundred year flood plain" means any land area that is subject to one percent or greater chance of flooding in any given year from any source.
"Open burning" means the burning of solid waste materials in an open fire or an outdoor container without providing for the control of combustion or the control of emissions from the combustion.
"Overburden" means the earth, rock, soil, and topsoil that lie above mineral deposits.
"Permeability" means the ease with which a porous material allows liquid or gaseous fluids to flow through it. For water, this is usually expressed in units of centimeters per second and termed hydraulic conductivity.
"Permit" means an authorization issued by the jurisdictional health department which allows a person to perform solid waste activities at a specific location and which includes specific conditions for such facility operations.
"Person" means an individual, firm, association, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatever.
"Pile" means any noncontainerized accumulation of solid waste that is used for treatment or storage.
"Plan of operation" means the written plan developed by an owner or operator of a facility detailing how a facility is to be operated during its active life.
"Point of compliance" means a point established in the ground water by the jurisdictional health department as near a possible source of release as technically, hydrogeologically and geographically feasible.
"Post-closure" means the requirements placed upon disposal facilities after closure to ensure their environmental safety for at least a twenty-year period or until the site becomes stabilized (i.e., little or no settlement, gas production, or leachate generation).
"Post-closure plan" means a written plan developed by an owner or operator of a facility detailing how a facility is to meet the post-closure requirements for the facility.
"Premises" means a tract or parcel of land with or without habitable buildings.
"Private facility" means a privately owned facility maintained on private property solely for the purpose of managing waste generated by the entity owning the site.
"Processing" means an operation to convert a material into a useful product or to prepare it for reuse, recycling, or disposal.
"Product take-back center" means a retail outlet or distributor that accepts household hazardous waste of comparable types as the products offered for sale or distributed at that outlet.
"Public facility" means a publicly or privately owned facility that accepts solid waste generated by other persons;
"Putrescible waste" means solid waste which contains material capable of being readily decomposed by microorganisms and which is likely to produce offensive odors.
"Pyrolysis" means the process in which solid wastes are heated in an enclosed device in the absence of oxygen to vaporization, producing a hydrocarbon-rich gas capable of being burned for recovery of energy.
"Recyclable materials" means those solid wastes that are separated for recycling or reuse, including, but not limited to, papers, metals, and glass, that are identified as recyclable material pursuant to a local comprehensive solid waste plan.
"Recycling" means transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill disposal or incineration. Recycling does not include collection, compacting, repackaging, and sorting for the purpose of transport.
"Representative sample" means a sample that can be expected to exhibit the average properties of the sample source.
"Reserved" means a section having no requirements and which is set aside for future possible rule making as a note to the regulated community.
"Reusable containers" means containers that are used more than once to handle solid waste, such as garbage cans.
"Runoff" means any rainwater, leachate or other liquid that drains over land from any part of the facility.
"Run-on" means any rainwater or other liquid that drains over land onto any part of a facility.
"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.
"Setback" means that part of a facility that lies between the active area and the property boundary.
"Sewage sludge" means solid, semisolid, or liquid residue generated during the treatment of domestic sewage in a treatment works. Sewage sludge includes, but is not limited to, domestic septage; scum or solids removed in primary, secondary, or advanced wastewater treatment processes; and a material derived from sewage sludge. Sewage sludge does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings generated.
"Soil amendment" means any substance that is intended to improve the physical characteristics of soil, except composted material, commercial fertilizers, agricultural liming agents, unmanipulated animal manures, unmanipulated vegetable manures, food wastes, food processing wastes, and materials exempted by rule of the department, such as biosolids as defined in chapter 70.95J RCW, Municipal sewage sludge -- Biosolids and wastewater, as regulated in chapter 90.48 RCW, Water pollution control.
"Solid waste" or "wastes" means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, demolition and construction wastes, abandoned vehicles or parts thereof, contaminated soils and contaminated dredged material, and recyclable materials.
"Solid waste handling" means the management, storage, collection, transportation, treatment, use, processing or final disposal of solid wastes, including the recovery and recycling of materials from solid wastes, the recovery of energy resources from such wastes or the conversion of the energy in such wastes to more useful forms or combinations thereof.
"Solid waste handling unit" means discrete areas of land, sealed surfaces, liner systems, excavations, facility structures, or other appurtenances within a facility used for solid waste handling.
"Source separation" means the separation of different kinds of solid waste at the place where the waste originates.
"Storage" means the holding of solid waste materials for a temporary period.
"Surface impoundment" means a facility or part of a facility which is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), and which is designed to hold an accumulation of liquids or sludges. The term includes holding, storage, settling, and aeration pits, ponds, or lagoons, but does not include injection wells.
"Surface water" means all lakes, rivers, ponds, wetlands, streams, inland waters, salt waters and all other surface water and surface water courses within the jurisdiction of the state of Washington.
"Tank" means a stationary device designed to contain an accumulation of liquid or semisolid materials meeting the definition of solid waste or leachate, and which is constructed primarily of nonearthen materials to provide structural support.
"Transfer station" means a permanent, fixed, supplemental collection and transportation facility, used by persons and route collection vehicles to deposit collected solid waste from off-site into a larger transfer vehicle for transport to a solid waste handling facility.
"Treatment" means the physical, chemical, or biological processing of solid waste to make such solid wastes safer for storage or disposal, amenable for recycling or energy recovery, or reduced in volume.
"Twenty-five-year storm" means a storm of twenty-four hours duration and of such intensity that it has a four percent probability of being equaled or exceeded each year.
"Type 1 feedstocks" means source-separated yard and garden wastes, wood wastes, agricultural crop residues, wax-coated cardboard, preconsumer vegetative food wastes, other similar source-separated materials that the jurisdictional health department determines to have a comparable low level of risk in hazardous substances, human pathogens, and physical contaminants.
"Type 2 feedstocks" means manure and bedding from herbivorous animals that the jurisdictional health department determines to have a comparable low level of risk in hazardous substances and physical contaminants when compared to a type 1 feedstock.
"Type 3 feedstocks" means meat and postconsumer source-separated food wastes or other similar source-separated materials that the jurisdictional health department determines to have a comparable low level of risk in hazardous substances and physical contaminants, but are likely to have high levels of human pathogens.
"Type 4 feedstocks" means mixed municipal solid wastes, postcollection separated or processed solid wastes, industrial solid wastes, industrial biological treatment sludges, or other similar compostable materials that the jurisdictional health department determines to have a comparable high level of risk in hazardous substances, human pathogens and physical contaminants.
"Universal wastes" means universal wastes as defined in chapter 173-303 WAC, Dangerous waste regulations. Universal wastes include, but may not be limited to, dangerous waste batteries, mercury-containing thermostats, and universal waste lamps generated by fully regulated dangerous waste generators or CESQGs.
"Unstable area" means a location that is susceptible to forces capable of impairing the integrity of the facility's liners, monitoring system or structural components. Unstable areas can include poor foundation conditions and areas susceptible to mass movements.
"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 pressure, and the formation occurs above the zone of saturation.
"Vector" means a living animal, including, but not limited to, insects, rodents, and birds, which is capable of transmitting an infectious disease from one organism to another.
"Vermicomposting" means the controlled and managed process by which live worms convert organic residues into dark, fertile, granular excrement.
"Waste tires" means any tires that are no longer suitable for their original intended purpose because of wear, damage or defect. Used tires, which were originally intended for use on public highways that are considered unsafe in accordance with RCW 46.37.425, are waste tires. Waste tires also include quantities of used tires that may be suitable for their original intended purpose when mixed with tires considered unsafe per RCW 46.37.425.
"Wetlands" means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
"Wood derived fuel" means wood pieces or particles used as a fuel for energy recovery, which contain paint, bonding agents, or creosote. Wood derived fuel does not include wood pieces or particles coated with paint that contains lead or mercury, or wood treated with other chemical preservatives such as pentachlorophenol, copper naphthanate, or copper-chrome-arsenate.
"Wood waste" means solid waste consisting of wood pieces or particles generated as a by-product or waste from the manufacturing of wood products, construction, demolition, handling and storage of raw materials, trees and stumps. This includes, but is not limited to, sawdust, chips, shavings, bark, pulp, hogged fuel, and log sort yard waste, but does not include wood pieces or particles containing paint, laminates, bonding agents or chemical preservatives such as creosote, pentachlorophenol, or copper-chrome-arsenate.
"Yard debris" means plant material commonly created in the course of maintaining yards and gardens and through horticulture, gardening, landscaping or similar activities. Yard debris includes, but is not limited to, grass clippings, leaves, branches, brush, weeds, flowers, roots, windfall fruit, and vegetable garden debris.
"Zone of saturation" means that part of a geologic formation in which soil pores are filled with water and the pressure of that water is equal to or greater than atmospheric pressure.
[Statutory Authority: Chapter 70.95 RCW. 03-03-043 (Order 99-24), § 173-350-100, filed 1/10/03, effective 2/10/03.]