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

Purpose: The purpose of this rule is to set forth requirements for operators of solid waste incinerator and landfill facilities and inspectors of those facilities.

Statutory Authority for Adoption: Chapter 431, Laws of 1989.

Statute Being Implemented: Chapter 431m, Laws of 1989.

Summary: This amendment is being proposed to correct errors in grammar and punctuation, and to clarify the language of the rule without changing its effect.

Reasons Supporting Proposal: To comply with executive order on regulatory improvement, this amendment is being proposed to correct errors in grammar and punctuation, and to clarify the language of the rule without changing its effect.

Name of Agency Personnel Responsible for Drafting: Kathy Carpenter, Headquarters, Olympia, (360) 407-6216; Implementation and Enforcement: Cullen Stephenson, SWFA Program, Olympia, (360) 407-6103.

Name of Proponent: Department of Ecology, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The purpose of this rule is to set forth requirements for operators of solid waste incinerator and landfill facilities and inspectors of those facilities.

This amendment will correct errors in grammar and punctuation, and clarify the language of the rule without changing its effect.

Proposal does not change existing rules.

June 11, 2000

Daniel J. Silver

Deputy Director

OTS-3969.2

AMENDATORY SECTION(Amending WSR 91-01-093, filed 12/18/90, effective 1/1/91)

WAC 173-300-010
Authority and purpose.

One of the basic requirements of the act relating to solid waste (chapter 431, Laws of 1989) is to have the owner or operator in responsible charge of a solid waste incinerator or solid waste landfill ((be)) certified in the operation and maintenance of the facility.      To achieve this, the department shall, to the greatest extent possible, rely on the certification standards and procedures developed by national organizations and the federal government.      Certification under this act is available to all individuals who can meet the minimum qualifications for a given type of facility.      Operating personnel not required to be certified by chapter 70.95D RCW are encouraged to become certified on a voluntary basis.      NOTE: All codes, standards, or rules((, or regulations)) cited in this chapter are available for inspection at the Department of Ecology, ((Mail Stop PV-11, Olympia, WA 98504-8711)) 300 Desmond Drive S.E., Lacey, Washington.

[Statutory Authority: Chapter 70.95D RCW and RCW 70.95.710.      91-01-093, § 173-300-010, filed 12/18/90, effective 1/1/91.]

(1) "Ash" means the residue ((including)) 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 ((which)) 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 ((which)) 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 ((which)) 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 ((shall)) is not ((be)) 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 ((which)) that is generated by the commercial business sector.

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

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

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

Note:

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

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

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

(13) "Incinerator" means an enclosed mechanical combustion device ((which)) 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 ((that)) 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 ((shall be)) are subject to this rule.

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

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

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

(22) "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 ((providing)) if the waste complies with WAC 173-303-070 (8)(a) and (b).

(23) "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 ((pursuant to)) 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) "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 ((shall be)) is required for certification.

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

(26) "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 ((shall be)) is considered to be solid waste.      Woodwaste is also considered solid waste.

(27) "Special incinerator ash" means ash residues ((resulting)) that results from the operation of incineration or energy recovery facilities ((managing)) 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) "Woodwaste" means solid waste ((consisting)) 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 ((shall)) have the same meaning as those defined in chapter 173-304 WAC.

[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.]

(1) As a standing subcommittee of the state's solid waste advisory committee created under RCW 70.95D.050, the board of advisors shall report to the solid waste advisory committee four times a year or as directed in accordance with RCW 70.95D.040.

(2) The board shall act as an advisory committee to the department and shall assist in the development and review of the rules adopted under this chapter.

(3) The board shall assist in the development and evaluation of the training and testing material required for certification.

(4) On matters of revocation of certification, the board shall hold a hearing and make recommendations to the director.

(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.

(6) Members shall receive no compensation for their services but ((shall)) 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: Chapter 70.95D RCW and RCW 70.95.710.      91-01-093, § 173-300-030, filed 12/18/90, effective 1/1/91.]

(1) After January 1, 1992, it ((shall be)) is unlawful to operate a solid waste incineration facility without a certified operator in responsible charge on-site during all hours of operation.

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

[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.]

(1) After January 1, 1992, it ((shall be)) is unlawful to operate the following types of landfills without an on-site certified landfill operator in responsible charge during all hours of operation when accepting waste, and during the closure phase of the facility.      The operator's specific role in the closure phase ((shall)) must be specified in the closure plan.      However, the certified operator may be away from the facility on official business or personal emergencies for periods of one day or less ((provided)) if they are on-call and available to respond in case of an emergency at the facility.

(a) All municipal waste landfills.

(b) All problem waste landfills.      NOTE: Problem waste landfills are presently reserved per 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 ((make application)) 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 ((ascertain that)) 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 chapter 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 ((regulations are strictly adhered to)) rules.

(4) All landfills ((having)) 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: Chapter 70.95D RCW and RCW 70.95.710.      91-01-093, § 173-300-060, filed 12/18/90, effective 1/1/91.]

(1) Any person who is employed by a public agency to inspect the operation of a landfill or incinerator described under this chapter to determine the compliance of the facility with state or local laws or rules shall receive, in addition to the successful completion of the training and examination process as an operator under this chapter, training relevant to the inspection procedure.

(2) Inspectors ((shall be)) are exempt from all certification fees.

[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.]

(1) An application for incineration, landfill operator, or inspector certification ((shall)) must be filed with the department.      An application fee shall accompany each application.      The department shall make application forms available upon request.

(2) Upon receipt of the completed application and application fee, the department 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 ((shall)) must be valid for a period of not more than twelve months from date of issue.

(5) Persons ((holding)) 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 ((provided)) if the applicant meets the requirements of WAC 173-300-140.

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

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

[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.]

(1) The department shall prepare or cause to be prepared educational materials and opportunities to fulfill requirements of WAC 173-300-080(2) to help develop the skills necessary to operate a solid waste incinerator or solid waste landfill according to state and federal laws.

(2) The board of advisors shall assist in the development of written examinations to be used in determining the competency of operators.      Incinerator operators ((shall also be)) 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 ((shall)) must be held immediately at the end of all required operator training courses.      Additional examinations ((shall)) must be held at places and times set by the board.

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

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

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

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

[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.]

Except as provided for in WAC 173-300-080(4), the term for any certificate or renewal thereof ((shall be)) is from the first of January of the year of issuance until the thirty-first of December three years thereafter.

[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.]

(1) Except as provided in WAC 173-300-080(4), all certificates held by incinerator operators, landfill operators, and inspectors ((shall be)) are renewable upon presentation of evidence that the certificate holder successfully completed a refresher course administered by the department, and successfully attended other professional educational opportunities approved by the department.

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

[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.]

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

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

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

[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.]

(1) When a certificate is not renewed, ((such)) the certificate, upon notice by the director, ((shall)) must be suspended for sixty days.

(a) If renewal of the certificate is not completed during the suspension period, the director 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 ((shall)) must be revoked ten days after ((such)) 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((, regulation)) 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 ((shall)) 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 ((shall not be)) 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 ((shall)) 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 ((pursuant to)) 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: Chapter 70.95D RCW and RCW 70.95.710.      91-01-093, § 173-300-130, filed 12/18/90, effective 1/1/91.]

The director may, with the approval of the board of advisors, waive examinations for applicants ((holding)) who hold valid incinerator or landfill operators certificates, or inspector certificates issued by other states, a province, the federal government, or a professional association ((having)) that has comparable standards as determined by the board.

(1) Applications for reciprocity will be considered when:

(a) The training received by the applicant is comparable to training offered by the state of Washington.      A detailed syllabus outlining all relevant training must be released by the appropriate training facility for review and approval by the board.      Those applicants with deficiencies shall ((have)) resolve the deficiencies ((resolved)) before certification is granted((,)). Applicants must contact the department within one year of application;

(b) The department receives written confirmation from the certifying authority of the state, province, the federal government, or professional association in which the applicant is certified, that the certificate is currently valid and was earned by passing a written examination.      A copy of the exam passed by the applicant must also be released for review by the board; and

(c) The application fee is received.

(2) The board shall review and compare out-of-state examinations with Washington's examinations to determine at which level the examination is most equivalent.

(3) Training in state of Washington solid waste law ((shall be)) is required for certification.

(4) Incinerator operators ((shall be)) are required to successfully complete an examination to determine the competency needed to operate and maintain the facility for which the operator is currently responsible.

(5) Certificates ((shall)) must be issued to each reciprocity applicant who meets the minimum training and examination requirements set forth in WAC 173-300-080.      Upon notification by the department that the applicant meets all the criteria, the certification fee is due within thirty days from the date of notification.

[Statutory Authority: Chapter 70.95D RCW and RCW 70.95.710.      91-01-093, § 173-300-140, filed 12/18/90, effective 1/1/91.]

After January 1, 1992, it is unlawful for any person, firm, corporation, municipal corporation, or other governmental subdivision or agency to operate a solid waste incineration or landfill facility unless an operator in responsible charge is duly certified by the director under this chapter or any lawful rule or order of the department.      The department shall allow the owner or operator of a landfill or solid waste incineration facility to request a variance from this requirement under emergency conditions.      Emergency conditions may include but are not limited to unexpected health related problems that incapacitate the operator or an unexpected termination of employment of the operator.      The department may impose ((such)) conditions ((as)) that may be necessary to protect human health and the environment during the term of the variance.

[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.]

Any person, including any firm, corporation, municipal corporation, or other governmental subdivision or agency, with the exception of incinerator operators, ((violating)) who violates any provision of this chapter, is guilty of a misdemeanor.      Incinerator operators who violate any provision of this chapter ((shall be)) are guilty of a gross misdemeanor.      Each day of operation in violation of this chapter shall constitute a separate offense.      The prosecuting attorney or the attorney general, as appropriate, shall secure injunctions of continuing violations of any provisions of this chapter.

[Statutory Authority: Chapter 70.95D RCW and RCW 70.95.710.      91-01-093, § 173-300-160, filed 12/18/90, effective 1/1/91.]

Decisions of the director under this chapter may be appealed within thirty days from the date of notice thereof to the pollution control hearings board ((pursuant to)) under chapter 43.21B RCW and chapter 370-08 WAC.

[Statutory Authority: Chapter 70.95D RCW and RCW 70.95.710.      91-01-093, § 173-300-170, filed 12/18/90, effective 1/1/91.]

Incineration of biomedical, treated or untreated medical waste ((shall)) must be conducted under sufficient burning conditions to reduce all combustible material to a form ((such)) so that no portion of the combustible material is visible in its uncombusted state.

[Statutory Authority: Chapter 70.95D RCW and RCW 70.95.710.      91-01-093, § 173-300-180, filed 12/18/90, effective 1/1/91.]

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