Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-22-120.

     Title of Rule and Other Identifying Information: Chapter 173-300 WAC, Certification of operators of solid waste incinerator and landfill facilities.

     This chapter establishes requirements for certifying solid waste landfill and solid waste incinerator operators. The requirements include inspectors of these facilities for regulatory compliance.

     Hearing Location(s): Ecology Headquarters Building, 300 Desmond Drive S.E., Lacey, WA 98503, on April 4, 2006, at 2:00 p.m.

     Date of Intended Adoption: May 1, 2006.

     Submit Written Comments to: Randy Martin, P.O. Box 47600, Olympia, WA 98504-7600, e-mail rama461@ecy.wa.gov, fax (360) 407-7157, by April 11, 2006.

     Assistance for Persons with Disabilities: Contact Solid Waste and Financial Assistance Program, by March 20, 2006, TTY (800) 833-6388 or (360) 407-6900.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The chapter provides a process and criteria for certifying solid waste landfill and incinerator operators. Inspectors who inspect these facilities for regulatory compliance must also be certified in a like manner. This amendment clarifies existing language, specifically stating that ecology may enter into agreements for those certifications to be carried out by other governmental or nongovernmental organizations under agreements or contracts with ecology.

     Reasons Supporting Proposal: Existing rule language is not clear that ecology could enter into agreements with other governmental or nongovernmental entities. This amendment clarifies that ecology does have the authority to enter into agreement. This change would avoid potential confusion.

     Statutory Authority for Adoption: Chapter 70.95D RCW, Solid waste incinerator and landfill operators, authorizes ecology to adopt rules to implement a certification program.

     Statute Being Implemented: Chapter 70.95D RCW.

     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: Randy Martin, Headquarters, Olympia, (360) 407-6136.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The department has determined that the proposed rule has de minimus effect on business. The certification requirements do not change. The amendment clarifies ecology's authority to contract out services, if or when ecology determines it would be appropriate.

     Any organization providing these services would still be required to meet the standards of state law. This flexibility is expected to increase the access to meaningful training and testing in Washington.

     Mitigation of costs was not necessary for this rule amendment as it has a minor and negligible impact on those affected.

     Those that are affected were involved in the rule-making process. A subcommittee of the state solid waste advisory committee (SWAC) assisted ecology in the development of the rule amendment. The SWAC is a statutorily created committee to advise ecology on solid waste issues. The committee is made up of local government, solid waste industry representatives, representatives from the recycling industry, and citizens. The subcommittee was made up of SWAC committee members and ecology rule development staff. All subcommittee members represented groups (landfill operators or inspectors) that could be impacted by any rule changes. The subcommittee concurred with the proposed rule changes. The SWAC concurred with the proposed rule amendment and recommended to ecology that it proceed with the rule amendment process.

     A cost-benefit analysis is not required under RCW 34.05.328. The department has determined this is an interpretative rule, not requiring a cost-benefit analysis.

February 22, 2006

Polly Zehm

Deputy Director

OTS-8541.2

AMENDATORY SECTION(Amending Order 00-16, filed 9/8/00, effective 10/9/00)

WAC 173-300-020   Definitions.   (1) "Ash" means the residue and includes any air pollution flue dusts from combustion or incineration of material including solid wastes.

Note:

Please see definition for "special incinerator ash."

     (2) "Biomedical waste" means solid waste of the following types:

     (a) "Animal waste," which includes waste animal carcasses, body parts, and bedding of animals that were known to have been deliberately infected or inoculated with human pathogenic microorganisms during research.

     (b) "Liquid human body fluids" means waste that includes waste liquid emanating or derived from humans including but not limited to human blood and blood products, serum and plasma, sputum, drainage secretions, cerebrospinal fluid, synovial fluid, pleural fluid, peritoneal fluid, pericardial fluid and amniotic fluid that exceeds fifty milliliters per container, storage vessel, or plastic bag and cannot be and has not been directly discarded into a sanitary sewage system.

     (c) "Cultures and stocks" means waste that includes waste cultures and stocks of microbiological agents infectious to humans, human serums and discarded live and attenuated vaccines infectious to humans, human blood specimens, and laboratory wastes that are contaminated with these agents or specimens.

     (d) "Biosafety level 4 disease waste," which includes wastes contaminated with blood, excretions, exudates, or secretions from humans or animals who are isolated to protect others from highly communicable infectious diseases that are identified as viruses assigned to Biosafety Level 4 by the Centers for Disease Control, National Institute of Health, Biosafety in Microbiological and Biomedical Laboratories, 2nd Edition, 1988. These viruses include, but are not limited to, Congo-Crimean hemorrhagic fever, tick-borne encephalitis virus complex (Absettarov, Hanzalova, Hypr, Kumlinge, Kyasanur Forest disease, Omsk hemorrhagic fever, and Russian spring-summer encephalitis), Marburg, Ebola, Junin, Lassa, and Machupo.

     (e) "Pathological waste," which includes waste human source biopsy materials, tissues, and anatomical parts that emanate from surgery, obstetrical procedures, autopsy, and laboratory procedures. "Pathological waste" does not include teeth or formaldehyde or other preservative agents, human corpses, remains, and anatomical parts that are intended for interment or cremation.

     (f) "Sharps waste," which includes waste hypodermic needles, syringes, IV tubing with needles attached, scalpel blades, and lancets that have been used in animal or human patient care or treatment in medical research.

     (3) "Biomedical waste treatment" means incineration, steam sterilization, or any method, technique, or process that changes the biological character or composition of biomedical waste to render it noninfectious. Any waste, except sharps, that has been treated is not considered to be biohazardous or biomedical.

     (4) "Board" means the board of advisors for solid waste incinerator and landfill certification established by RCW 70.95D.050.

     (5) "Certificate" means the certificate of competency issued by the director stating that the operator has met the requirements for the operation and maintenance of a specific classification of solid waste incinerator or landfill facility.

     (6) "Certificate holder" means the individual to whom a certificate is issued.

     (7) "Commercial waste" means nonhazardous solid waste that is generated by the commercial business sector.

     (8) "Contractor" means any other state, federal, or interstate agencies, municipalities, educational institutions, or other organizations or individuals with whom the department has an agreement, contract or cooperative agreement.

     (9) "Department" means the Washington state department of ecology.

     (((9))) (10) "Director" means the director of the department of ecology or the director's designee.

     (((10))) (11) "Fee" means only those monies to be paid for examinations, certification, or renewal.

Note:

Fees do not include the costs of training or other educational opportunities.

     (((11))) (12) "Hog fuel" means woodwaste that is reduced in size to facilitate burning.

     (((12))) (13) "Incineration" means reducing the volume of solid wastes by use of an enclosed device using controlled flame combustion.

     (((13))) (14) "Incinerator" means an enclosed mechanical combustion device that has as its primary purpose the burning and reduction of the volume of solid waste or solid waste-derived fuel. Crematoria facilities that have combustion devices which burn human corpses, or burn animal bodies exclusively, in a manner that is not a solid waste reduction measure, or burn primarily hog fuel waste are not included in this definition. NOTE: Crematoria facilities that burn any kind of biomedical, treated or untreated medical waste, human or animal, or other solid waste, in their incinerator are subject to this rule.

     (((14))) (15) "Incineration facility" means any municipal or private activity that has as part of its operations a solid waste incinerator. It may also include means for storage, preparation, and conveyance of the solid waste fuel, and air pollution control equipment.

     (((15))) (16) "Incinerator operator in responsible charge" means an individual who is the owner or who is designated as the on-site operator in responsible charge of operation and maintenance duties at a solid waste incineration facility.

     (((16))) (17) "Inspector" means any person employed by any public agency that inspects the operation of solid waste incinerators, or the operation of solid waste landfills, to determine the compliance of the facility with state and local laws or rules.

     (((17))) (18) "Institutional waste" means nonhazardous solid waste that is generated by any commercial or noncommercial service establishment.

     (((18))) (19) "Landfill" means an operating disposal facility or part of a facility at which solid waste is placed in or on land and which is not a land treatment.

     (((19))) (20) "Landfill operator in responsible charge" means an individual who is the owner or who is designated as the on-site or on-call operator in responsible charge of operation and maintenance duties at a landfill facility.

     (((20))) (21) "Limited purpose landfill" means a landfill that receives solid waste of a limited type or types of known and consistent composition.

     (((21))) (22) "Monofill" means a disposal facility or part of a facility that is not a land treatment facility, at which only a single, specific substance is deposited in or on.

     (((22))) (23) "Municipal solid waste" means any combination of nonhazardous solid waste generated by residential sources, and any institutional waste, commercial waste, and industrial waste. NOTE: Household hazardous wastes are an excluded waste under WAC 173-303-071 and therefore may be disposed of in a municipal or incinerated landfill or incinerated. Small quantities of hazardous waste may also be landfilled if the waste complies with WAC 173-303-070 (8)(a) and (b).

     (((23))) (24) "Owner" means:

     (a) In the case of a town or city, the city or town acting through its chief executive officer or the lessee if operated under a lease or contract;

     (b) In the case of a county, the chief elected official of the county legislative authority or the chief elected official's designee;

     (c) In the case of a board of public utilities, association, municipality, or other public body, the president or chief elected official of the body or the president's or chief elected official's designee;

     (d) In the case of a privately owned landfill or incinerator, the legal owner.

     (((24))) (25) "Reciprocity" means the automatic recognition of comparable training from another state, the federal government, a local government, or a professional association. NOTE: Correction of deficiencies such as a lack of training in Washington state solid waste law is required for certification.

     (((25))) (26) "Reserved" is a note to the regulated community that means a section that has no requirements and which is set aside for future possible rule-making.

     (((26))) (27) "Solid waste" or "wastes" as defined in RCW 70.95.030 (1989 ed.) means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and recyclable materials. NOTE: Treated biomedical waste or medical waste not defined as biomedical waste is considered to be solid waste. Woodwaste is also considered solid waste.

     (((27))) (28) "Special incinerator ash" means ash residues that results from the operation of incineration or energy recovery facilities which manage municipal solid waste from residential, commercial, and industrial establishments, if the ash residues are:

     (a) Not otherwise regulated as hazardous wastes under chapter 70.105 RCW; and

     (b) Are not regulated as a hazardous waste under the federal Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6901 et seq.

     (((28))) (29) "Woodwaste" means solid waste that consists of wood pieces or particles generated as a by-product or waste from the manufacturing of wood products, and the handling and storage of raw materials, trees, and stumps. This includes but is not limited to sawdust, chips, shavings, bark, pulp, and log sort yard waste, but does not include wood pieces or particles containing chemical preservatives such as creosote, pentachlorophenol, or copper-chrome-arsenate.

Note:

All applicable terms not defined above have the same meaning as those defined in chapter 173-304 WAC.

[Statutory Authority: 1989 c 431. 00-19-017 (Order 00-16), § 173-300-020, filed 9/8/00, effective 10/9/00. Statutory Authority: Chapter 70.95D RCW and RCW 70.95.710. 91-01-093, § 173-300-020, filed 12/18/90, effective 1/1/91.]

     (5) The board shall encourage operating personnel other than those who are required to be certified in chapter 70.95D RCW to become certified on a voluntary basis)).

     Duties of the board of advisors may include:

     (a) Act as an advisory committee to the department and shall assist the department with review of the rules adopted under this chapter.

     (b) Assist in the development and evaluation of the training and testing material required for certification.

     (c) Hold hearings and make recommendations to the director on matters of revocation of certification.

     (d) Encourage operating personnel other than those required to be certified under chapter 70.95D RCW to become certified on a voluntary basis.

     (((6))) (2) Members shall receive no compensation for their services but must be reimbursed for their travel expenses while engaged in business of the committee in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended.

[Statutory Authority: 1989 c 431. 00-19-017 (Order 00-16), § 173-300-030, filed 9/8/00, effective 10/9/00. Statutory Authority: Chapter 70.95D RCW and RCW 70.95.710. 91-01-093, § 173-300-030, filed 12/18/90, effective 1/1/91.]

     (2) All other operational employees are to be encouraged to become certified on a voluntary basis.

[Statutory Authority: 1989 c 431. 00-19-017 (Order 00-16), § 173-300-050, filed 9/8/00, effective 10/9/00. Statutory Authority: Chapter 70.95D RCW and RCW 70.95.710. 91-01-093, § 173-300-050, filed 12/18/90, effective 1/1/91.]

     (a) All municipal waste landfills.

     (b) All problem waste landfills. NOTE: Problem waste landfills are presently reserved per chapter 173-350 WAC and WAC 173-304-463.

     (c) All special incinerator ash landfills or monofills. NOTE: In a case where a monofill is a separate cell at a municipal waste landfill, the responsible operator in charge of the complete facility may assume responsibility of the operation of the monofills.

     (d) All inert waste and demolition waste landfills.

     (e) All limited purpose solid waste landfills.

     (2) These standards do not apply to:

     (a) Dangerous waste landfills;

     (b) Drop box facilities;

     (c) Interim solid waste handling sites;

     (d) Landspreading disposal facilities;

     (e) Piles;

     (f) Transfer stations;

     (g) Waste recycling facilities; and

     (h) Composting facilities.

     (3) Owners of small landfills with a total capacity at closure of two hundred thousand cubic yards of solid waste or less, may apply to the department to have their facility operated and maintained by a certified operator who is in responsible charge on an on-call basis at all times the landfill is operating: Provided, That a certified operator visit the site once each working day. The department shall consider all applications on a case-by-case basis. The department shall base its decision on the following requirements:

     (a) A physical inspection of the facility by the department to determine whether the facility is being operated in a manner that is protective of human health and the environment;

     (b) That the facility has an up-to-date approved facility operating plan and is in compliance with all other sections of chapters 173-350 and 173-304 WAC;

     (c) That the status of all facility variances, compliance schedules, and related grants are current as required; and

     (d) That the facility strictly adheres to all other applicable laws and rules.

     (4) All landfills that have on-call designations shall reapply for the designation every five years from the date of issuance. This designation may be revoked at any time the facility does not meet the minimum requirements.

     (5) When a position required to be filled by an on-site certified landfill operator is vacated for a period of not longer than a maximum of thirty calendar days due to an emergency such as a short-term illness, the landfill owner may apply to the department for a variance that allows the facility be operated and maintained by a certified operator on an on-call basis as outlined in this section. These requirements may be waived temporarily at the director's discretion.

     (6) All other operational employees are to be encouraged to become certified on a voluntary basis.

[Statutory Authority: 1989 c 431. 00-19-017 (Order 00-16), § 173-300-060, filed 9/8/00, effective 10/9/00. Statutory Authority: Chapter 70.95D RCW and RCW 70.95.710. 91-01-093, § 173-300-060, filed 12/18/90, effective 1/1/91.]

     (2) Inspectors are exempt from ((all)) certification fees administered by the department.

[Statutory Authority: 1989 c 431. 00-19-017 (Order 00-16), § 173-300-070, filed 9/8/00, effective 10/9/00. Statutory Authority: Chapter 70.95D RCW. 91-12-040 (Order 91-30), § 173-300-070, filed 6/4/91, effective 7/5/91. Statutory Authority: Chapter 70.95D RCW and RCW 70.95.710. 91-01-093, § 173-300-070, filed 12/18/90, effective 1/1/91.]

[]

     (2) Upon receipt of the completed application and application fee, the department or its designee shall determine:

     (a) If the applicant has successfully completed the required training and examinations;

     (b) The status of a reciprocal certification; and

     (c) That the facility at which the applicant is employed is in compliance with local and state laws or rules.

     (3) Upon successful determination of all requirements and the payment of the certification fees provided for in WAC 173-300-110 and 173-300-120, the appropriate operator or inspector certificate will be issued.

     (4) An owner may apply for a variance for a temporary certificate without an examination to fill a vacated position required by WAC 173-300-050 and 173-300-060 to have a certified operator, or 173-300-070, in the case of a certified inspector. A temporary certificate must be valid for a period of not more than twelve months from date of issue.

     (((5) Persons who hold a current operators certificate from any national organization, educational institution, the federal government, other states, or a province may be granted an interim certification if the applicant meets the requirements of WAC 173-300-140.

     (a) No interim certification may be issued or be valid after January 1, 1992.

     (b) Interim certification may not automatically qualify an operator for certification.))

[Statutory Authority: 1989 c 431. 00-19-017 (Order 00-16), § 173-300-080, filed 9/8/00, effective 10/9/00. Statutory Authority: Chapter 70.95D RCW and RCW 70.95.710. 91-01-093, § 173-300-080, filed 12/18/90, effective 1/1/91.]

     (2) ((The board of advisors shall assist in the development of written examinations to be used in determining the competency of operators. Incinerator operators are also required to successfully complete an examination to determine the competency needed to operate and maintain the facility for which the operator is responsible.

     (3) Examinations must be held immediately at the end of all required operator training courses. Additional examinations must be held at places and times set by the board.

     (4))) All examinations must be graded by the department or the department's designee and the applicant must be notified by mail of the score attained. Examinations may not be returned to the applicant.

     (((5))) (3) An applicant who fails to pass an examination must be reexamined at the next scheduled examination. An additional application form and examination fee is required. No individual will be allowed to retake the same examination.

     (((6))) (4) An applicant who fails to pass a second examination is required to repeat the certification training.

     (((7) The board shall forward the recommendations for certification of those examined to the director.))

[Statutory Authority: 1989 c 431. 00-19-017 (Order 00-16), § 173-300-090, filed 9/8/00, effective 10/9/00. Statutory Authority: Chapter 70.95D RCW and RCW 70.95.710. 91-01-093, § 173-300-090, filed 12/18/90, effective 1/1/91.]

[Statutory Authority: 1989 c 431. 00-19-017 (Order 00-16), § 173-300-100, filed 9/8/00, effective 10/9/00. Statutory Authority: Chapter 70.95D RCW and RCW 70.95.710. 91-01-093, § 173-300-100, filed 12/18/90, effective 1/1/91.]

     (2) The department or its designee shall mail renewal notices and refresher course information to all certificate holders eligible for renewal four months before the date the certificate expires.

[Statutory Authority: 1989 c 431. 00-19-017 (Order 00-16), § 173-300-110, filed 9/8/00, effective 10/9/00. Statutory Authority: Chapter 70.95D RCW and RCW 70.95.710. 91-01-093, § 173-300-110, filed 12/18/90, effective 1/1/91.]

     (a) A fee of $50.00 for each examination administered by the department shall accompany the application for examination.

     (((2))) (b) After an applicant successfully completes the examination and is notified by the department of the results, the applicant shall pay a certification fee of $200.00 to the department within thirty days of the date of the results notification.

     (((3))) (c) A $200.00 renewal fee must accompany an application for certificate renewal.

     (d) A fee of $50.00 is required to apply for consideration of certification through reciprocity under WAC 173-300-140. After determining that the reciprocal criteria has been met, the department will notify the applicant:

     (((a))) (i) That the applicant is deficient in a required area, and the process to correct the deficiency; or

     (((b))) (ii) That the applicant has successfully completed all requirements for certification and that the applicant must pay a certification fee of $200.00 to the department within thirty days of the date of notification.

     (((4))) (2) A $200.00 renewal fee must accompany an application for certificate renewal.

[Statutory Authority: 1989 c 431. 00-19-017 (Order 00-16), § 173-300-120, filed 9/8/00, effective 10/9/00. Statutory Authority: Chapter 70.95D RCW and RCW 70.95.710. 91-01-093, § 173-300-120, filed 12/18/90, effective 1/1/91.]

     (a) If renewal of the certificate is not completed during the suspension period, the director or its designee shall mail a written notice of revocation by certified mail to the certificate holder's employer as last known by the department and to the certificate holder at the address last known by the department.

     (b) If, during the revocation notice period, the certificate is not renewed, the certificate must be revoked ten days after the notice is mailed.

     (2) Certificates may also be revoked when a majority of the board so recommends to the director, and the director agrees, upon finding:

     (a) Fraud or deceit in obtaining the certificate;

     (b) Gross negligence in the operation or inspection of an incineration or landfill facility;

     (c) Violation of the requirements of chapter 70.95D RCW, this chapter or of any lawful rule or order of the department; or if

     (d) The facility operated by the certified employee is operated in violation of local, state, or federal environmental laws.

     (3) No revocation may be made under subsection (2) of this section unless the operator has been notified that revocation is proposed, has been advised of the grounds therefore, and has been given an opportunity to appear before the board and be heard on the matter.

     (4) A person whose certificate is revoked under this section is eligible to apply for a certificate for one year from the effective date of the final order of revocation.

     (5) Whenever an individual's certificate is revoked, the individual may not be certified again until:

     (a) He or she has repeated all required training for certification or has completed other requirements recommended by the board and approved by the department;

     (b) Has applied for certification under WAC 173-300-090;

     (c) Paid the application fees; and

     (d) Upon notification, paid the certification fee within thirty days of notification.

[Statutory Authority: 1989 c 431. 00-19-017 (Order 00-16), § 173-300-130, filed 9/8/00, effective 10/9/00. Statutory Authority: Chapter 70.95D RCW and RCW 70.95.710. 91-01-093, § 173-300-130, filed 12/18/90, effective 1/1/91.]

[Statutory Authority: 1989 c 431. 00-19-017 (Order 00-16), § 173-300-150, filed 9/8/00, effective 10/9/00. Statutory Authority: Chapter 70.95D RCW and RCW 70.95.710. 91-01-093, § 173-300-150, filed 12/18/90, effective 1/1/91.]

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