Original Notice.

     Preproposal statement of inquiry was filed as WSR 99-22-079.

     Title of Rule: Solid waste handling standards, chapter 173-350 WAC.

     Purpose: To adopt comprehensive standards for solid waste handling practices and facilities, and to provide permit exemption opportunities that encourage the use, reuse, and recycling of solid waste.

     Statutory Authority for Adoption: Chapter 70.95 RCW.

     Statute Being Implemented: Chapter 70.95 RCW.

     Summary: The proposed rule provides standards for solid waste handling practices and facilities that protect human health and the environment, and implement legislation intended to streamline the permitting system and encourage the reuse and recycling of solid waste. These solid waste handling practices and facilities are currently subject to chapters 173-304 and 173-314 WAC. Once effective the proposed rule will immediately apply to all new facilities. Existing facilities will be required to meet the new regulation in phases. The proposed rule will apply to all solid waste handling facilities except municipal solid waste landfills subject to chapter 173-351 WAC and special incinerator ash subject to chapter 173-306 WAC.

     Name of Agency Personnel Responsible for Drafting: Michael A. Hibbler, Spokane, Washington, (509) 456-3270; Implementation and Enforcement: Cullen Stephenson, Lacey, Washington, (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: Though proposed as a new rule, chapter 173-350 WAC, is a rewritten version of the existing rule, chapter 173-304 WAC, dealing with this subject. This approach has been taken in pursuit of the following goals:

•	Improvement of organization, readability, and usability by eliminating the extensive cross-referencing characterizing the existing rule;
•	Incorporation of guidelines applicable to composting and moderate risk waste facilities into the rule (see proposed WAC 173-350-220 and 173-350-360);
•	Updating facility standards and definitions, including consistency with other rules - in particular chapter 173-308 WAC, Biosolids management and chapter 173-351 WAC, Criteria for municipal solid waste landfills;
•	Incorporation of the content contained in chapter 173-314 WAC, Waste tire carrier and storage site licenses, which will be repealed once this rule is adopted; and
•	Incorporation of recent legislative changes, including a five year life for permits, provisions for beneficial use permit exemptions, and deferral to other environmental permits.

     Proposal does not change existing rules.

     A small business economic impact statement has been prepared under chapter 19.85 RCW.

     INTRODUCTION: Although proposed as a new rule, chapter 173-350 WAC is a phased replacement of the existing rule, chapter 173-304 WAC, dealing with this subject. This approach has been taken in pursuit of the following goals:

•	Improvement of organization, readability, and usability by eliminating the extensive cross-referencing characterizing the existing rule;
•	Incorporation of guidelines applicable to composting and moderate risk waste facilities into the rule (see proposed WAC 173-350-220 and 173-350-360);
•	Updating facility standards and definitions, including consistency with other rules - in particular chapter 173-308 WAC, Biosolids management, chapter 173-314 WAC, Waste tire carrier and storage site licenses1, and chapter 173-351 WAC, Criteria for municipal solid waste landfills; and
•	Incorporation of recent legislative changes, including a five year life for permits, provisions for beneficial use permit exemptions, and deferral to other environmental permits.

     In view of the above items, the proposed rule does not impose new significant compliance burdens on most affected solid waste management activities or facilities. The major exception appears to be the regulatory requirements imposed on demolition waste landfills. These were previously grouped with inert waste landfills and, hence, subject to relatively modest compliance burdens. However, the proposed rule shifts (construction and) demolition waste landfills into a category known as "limited purpose" landfills.² Evaluation of this change in regulatory classification indicates that new compliance requirements fall disproportionately on small businesses under baseline conditions. Description of this evaluation and consideration of the mitigative options available to regulated firms will take up much of the remainder of this discussion.

     The starting point basis for this analysis is a set of cost estimates for permitting, developing, and operating new or expanded limited purpose landfills. In the absence of experience with these processes' impacts on landfills handling construction and demolition wastes under limited purpose landfill requirements, similar requirements for new municipal solid waste landfills under chapter 173-351 WAC served as a model. A ten acre active area is assumed. The "presumptive liner design" described in WAC 173-350-400 (3)(b)(v) and the "presumptive final closure cover" in WAC 173-350-400 (3)(e)(ii) are also assumed to apply, as is active leachate management. Further, it is assumed that closure and post-closure financial assurance requirements would be satisfied via the establishment and funding of a trust.

     The impact estimates derived from this set of assumptions clearly represent a conservative, maximum-expected-cost, situation. Chapter 173-351 WAC applies to landfills handling a wide range of household, commercial, and industrial solid wastes. The estimates derived from regulation of such landfills would be likely to fall toward the high end of a range of compliance costs for construction and demolition waste landfills. As the discussion below will indicate, there are a number of alternative assumptions and mitigative provisions available that would reduce economic impacts on both small and large businesses. However, these will vary significantly with the climatic and hydrogeologic setting (and other factors) in which a particular landfill is developed and operated. Further, existing demolition waste landfills would not be subject to many of the costs contained in the estimates used here. These businesses would have to update their existing permits and operations to conform to the new rule. The magnitude (and cost) of this effort will likewise vary among firms, depending on current conditions and practices, but would most probably be less than starting a new process from the beginning. In view of this variability, and lacking knowledge of its extent, the assumptions and estimates described above provide a relatively fixed starting point from which to introduce and consider the effects of alternatives and mitigative provisions.

     The Regulatory Fairness Act distinguishes between small and large businesses on an employment basis, with small businesses characterized as having fifty or fewer employees. The act also directs that regulatory compliance costs be compared for small businesses versus the 10% of the businesses in an impacted industry that represent the largest businesses required to comply with the proposed rule. The best available data³ indicates that 90% or more of the business in SIC 4953 may have fifty or fewer employees. This implies that landfill operation is generally not a labor-intensive activity and that employment is a weak measure of business size.

     However, landfills with a given active area can and do vary in terms of design capacity and the rates at which waste is received over time. Thus, for purposes of this analysis, landfills with low design capacity (500,000 tons) and disposal rates (15,000 tons per year) are treated as "small" businesses while those with larger design capacity (750,000 tons) and higher disposal rates (100,000 tons per year) are treated as "large" businesses. Costs per $100 of revenue have been selected as the impact measure used in this analysis.

     Revenue data for private firms is not available on a state-level basis in Washington. This analysis utilizes a range of revenue values (tipping fees per ton of waste) from $20 to $70 at $10 increments. Multiplication of these by the disposal rates assigned to small and large businesses generates a range of annual revenue estimates used here.

     Finally, it is clear that, at equivalent landfill sizes, design capacity and disposal rates interact to determine the life span of a given landfill. Likewise, the annually recurring elements of estimated compliance costs and tipping fees will interact with landfill life span to determine lifetime costs and revenues. Under the assumptions adopted for this analysis, the operating lifetime of a prototypical small landfill would extend over 33 years while the hypothetical large landfill would have an operating life of 7.5 years. This difference is reconciled in the impact estimates presented below by using lifetime costs and revenues in both cases.⁴

     The impact ranges described above are a result of the cost estimates adopted for this analysis and, in particular, the use of a range of tipping fees to characterize revenues. The higher ends of these ranges are associated with the lowest tipping fees, and the converse. Even though these estimates and assumptions are based on professional experience and informed judgment, it is unlikely that these extremes will characterize any particular real-world situation. Actual experience is likely to fall somewhere between. Since the ranges overlap, it is difficult to assess the proportionality of impacts on small versus large businesses. However, if the same tipping fee is assumed for both, the ratio of small business to large business impacts is 1.5 for arid climates and 2.0 for wet climates.⁵

     In general, new or increased operating costs (leachate management, ground water monitoring, etc.) stemming from the proposed rule have been included or accounted for in the table above. In some cases (operating plans, annual reports, etc.), these are part of the cost of obtaining and maintaining a permit. In other cases, certain operating requirements (control of fugitive dust, preventing unauthorized dumping, etc.) are part of the requirements for demolition waste landfills under the existing rule (see WAC 173-304-461) or will have minimal impact upon a properly operated construction/demolition waste landfill (e.g., gas control) due to the nature of the wastes disposed and the risks associated with it. Finally, some costs associated with the proposed rule are recognized, but not susceptible to analysis here because of lack of data or widely varying local and regional conditions (e.g., increased buffers). This discussion will not further consider such costs.

     The following listing summarizes mitigative features of the proposed rule that may apply to new (or expanded) construction/demolition waste landfills, existing landfills, or both:

     (a) Staggered compliance schedule - (applicable to existing landfills) spreads the steps needed to comply with the proposed rule over time, thus reducing burdens on human and financial resources at any given time (see WAC 173-350-030).

     (b) Jurisdictional health department discretion - permits - (applicable to existing landfills) allows jurisdictional health departments (JHDS) to determine if a permit modification is needed based on the extent of the changes needed to achieve compliance, thus allowing for a waiver of permit modification if warranted (see WAC 173-350-030 (2)(c)).

     (c) General performance standard - provides flexibility for owners and operators of both existing and new/expanded landfills to achieve compliance in most efficient or effective ways for a given site (see WAC 173-350-040).

     The following are applicable to limited purpose landfills, including (but not restricted to) new or expanded construction/demolition waste landfills.

     (d) Design standards - general flexibility - authorizes JHDS to exercise flexibility in setting requirements for individual landfills based on the nature of the waste handled, setting characteristics and operational considerations, as long as the basic performance standards of WAC 173-350-040 are met (see WAC 173-350-400 (3)(a)).

     (e) JHD discretion - liners - authorizes JHDS to waive requirements for liners given a demonstration that the nature of the waste disposed and the properties of the natural soil provide sufficient groundwater protection, thus potentially eliminating the need for leachate collection and management (see WAC 173-350-400 (3)(b)(ii) and (3)(c)).

     This provision alone represents significant potential reductions on small business regulatory burdens in that program staff has indicated that, in general, small construction/demolition waste landfills may not need liners while large landfills will typically be required to include liners or similar ground water quality protection measures. In order to assess the magnitude of this potential, the cost estimates used in the baseline case were adjusted using the assumptions that all small landfills would be exempt from liner (and associated) requirements while maintaining the baseline requirements for large landfills. The results are summarized in the table below.

     (f) Leachate management via evaporation ponds - reduces compliance cost impacts by dispensing with the need for treatment of leachate prior to discharge or delivery to a treatment plant, resulting in reduced compliance cost impacts, primarily for landfills in arid climate settings, by on the order of 12% for small firms and 2% for large firms compared to the estimates shown on page 4 of this document.

     (g) Presumptive liner and final closure cover designs - provide rule-satisfying alternatives to custom designed and engineered system components (see WAC 173-350-400 (3)(b)(v) and (e)(ii)).

     (h) Operating standards exemptions for small landfills - provide some relief from compliance burdens through certain exemptions keyed to permitted capacity, including recording and reporting waste received in cubic yards with an estimate of weight by formula as opposed to weighing by scales if permitted capacity is less than ten thousand cubic yards per year (see WAC 173-350-400 (4)(a)(iv) and (e)(iii)(B)) and relief from having at least two staff on site during active periods if permitted capacity is less than 50 thousand cubic yards per year (see WAC 173-350-400 (4)(a)(iv)).

     (i) Operating standards waivers - general - WAC 173-350-400 (4)(b)(i) through (v) provide exemptions from a number of operating requirements upon a demonstration that they are not needed for protection of human health or the environment given the nature or source of waste received or the quality of the leachate generated.

     (j) Variances - WAC 173-350-710(7) provides for variances from any section of the proposed rule, with one basis for obtaining a variance being the imposition of "... hardship without equal or greater benefit to the public."⁶

     It is not possible to determine which of the above, if any, would apply in a particular case without landfill-specific details. However, the material summarized here is evidence of a good faith effort to provide relief from compliance burdens for both small and large businesses, and to mitigate disproportionate burdens imposed on small businesses.

     The only significant change in the proposed new rule language relates to financial assurance requirements for storage facilities. The existing rule includes a requirement for a $10,000 performance bond, or equivalent financial assurance, as part of an application for a storage site license. The comparable provision proposed in WAC 173-350-350 (9)(a) calls for a financial assurance mechanism with funding "... sufficient for hiring a third party to remove the maximum number of tires permitted to be stored at the facility and deliver the tires to a facility permitted to accept the tires" as part of the facility closure plan.

     The effect of this change is to convert a cost that would be (roughly) constant for all impacted facilities into a cost that will vary with the number of tires to be moved. The existing requirement would, in fact, tend to place a disproportionately higher burden on smaller facilities by any of the measures contained in the Regulatory Fairness Act. The proposed new requirement, related to the number of tires involved, should correlate more directly with business size and would tend to reduce or eliminate this disproportionality.

     EFFECTS ON REVENUES: Revenues are determined by tipping fees and disposal rates. The provisions of this proposed rule will not affect these in and of themselves. However, these provisions, adjusted for any mitigative factors that may apply, will affect the distribution of business operating revenues between regulatory compliance and other uses - including operating profit. Presumably, this will be taken into account in the business plans of proponents of new landfills. Existing landfill operators may choose to offset any regulatory cost impacts by adjusting tipping fees. The extent to which this succeeds will depend on the market conditions and degree and nature of competitive pressure faced by affected firms. These will vary from case to case.

     INVOLVEMENT OF SMALL BUSINESSES IN THE RULE DEVELOPMENT PROCESS: Ecology formed and utilized an advisory committee during the rule development process. This group included representatives of the impacted business community, including small businesses. Further opportunities for small business involvement will occur as part of the public review and comment process for this proposed rule.

¹ The requirements of this rule have been incorporated into the proposal. Chapter 173-314 WAC will be repealed if this proposal is adopted.

² See definition in proposed WAC 173-350-100.

³ U. S. Census Bureau, County Business Patterns - Washington, 1998 and 1999 and Washington State Employment Security Department data.

⁴ Some readers may suggest that discounting both streams of costs and revenues to a present value would be preferable. However, the impact measure in this case is the ratio of costs to revenues. Discounting to a present value in this case involves multiplying the numerator and denominator of a ratio by the same number. Assuming the same discount rate for large and small businesses, the results remain the same as with the approach described here.

⁵ If it is assumed that larger landfills charge lower tipping fees due to economies of scale and to offset customer transportation costs over a wider market area, the ratio becomes smaller. For example, assuming that large landfill fees are $10 per ton less than small landfill fees results in ratios varying between 1.0 and 1.2 for arid climate sites, and 1.3 to 1.7 for wet climate areas.

⁶ See 173-350-710 (a)(i).

     A copy of the statement may be obtained by writing to Michael A. Hibbler, Department of Ecology, Eastern Regional Office, 4601 North Monroe, Spokane, WA 99205-1295, phone (509) 456-3270, fax (509) 456-5056.

     RCW 34.05.328 applies to this rule adoption. Pursuant to RCW 34.05.328(5) the proposed rule has been determined to be a significant legislative rule. The applicable requirements of RCW 34.05.328 are being complied with.

     Hearing Location: The public hearing will be conducted simultaneously at the following Washington Department of Information Systems video-conferencing centers. To attend the public hearing video conferences you must go to one of the following locations: SPOKANE SITE: 1101 North Argonne, Suite 109, Spokane, WA; LACEY SITE: 710 Sleater Kinney Road S.E., Suite Q, Lacey, WA; SEATTLE SITE: 1107 S.W. Grady Way, Suite 112, Renton, WA; or YAKIMA SITE: Yesterday's Village, The 15 West Yakima Avenue Building, 15 West Yakima Avenue, Suite 220, Yakima, WA, on August 6, 2002, at 1:00 p.m.

     Assistance for Persons with Disabilities: Contact Lynette Kuehl or Brenda Pozega, by July 30, 2002, TDD (509) 458-2055, or (509) 456-2947.

     Submit Written Comments to: Michael A. Hibbler, mhib461@ecy.wa.gov, Washington Department of Ecology, Eastern Regional Office, 4601 North Monroe, Spokane, WA 99205-1295, fax (509) 456-5056, by 5:00 p.m. on September 4, 2002.

     Date of Intended Adoption: November 20, 2002.

June 27, 2002

Linda Hoffman

Deputy Director

OTS-5495.3

     (1) Setting minimum functional performance standards for the proper handling and disposal of solid waste originating from residences, commercial, agricultural and industrial operations and other sources;

     (2) Identifying those functions necessary to assure effective solid waste handling programs at both the state and local level;

     (3) Following the priorities for the management of solid waste as set by the legislature in chapter 70.95 RCW, Solid waste management -- Reduction and recycling.

     (4) Describing the responsibility of persons, municipalities, regional agencies, state and local government related to solid waste;

     (5) Requiring use of the best available technology for siting, and all known available and reasonable methods for designing, constructing, operating and closing solid waste handling facilities;

     (6) Promoting regulatory consistency by establishing statewide minimum standards for solid waste handling; and

     (7) Encouraging the development and operation of waste recycling facilities and activities needed to accomplish the management priority of waste recycling.

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     (1) Overburden from mining operations intended for return to the mine;

     (2) Wood waste used for ornamental, animal bedding, mulch and plant bedding, or road building purposes;

     (3) Wood waste directly resulting from the harvesting of timber left at the point of generation and subject to chapter 76.09 RCW, Forest practices;

     (4) Land application of manures and crop residues at agronomic rates;

     (5) Home composting as defined in WAC 173-350-100;

     (6) Single-family residences and single-family farms whose year round occupants engage in solid waste disposal regulated under WAC 173-351-700(4);

     (7) Clean soils and clean dredge spoils as defined in WAC 173-350-100;

     (8) Dredge spoils regulated under section 404 of the Federal Clean Water Act;

     (9) Biosolids that are beneficially used or otherwise managed under chapter 173-308 WAC, Biosolids management;

     (10) Domestic septage taken to a sewage treatment plant permitted under chapter 90.48 RCW, Water pollution control;

     (11) Liquid wastes, the discharge or potential discharge of which, is regulated under federal, state or local water pollution permits;

     (12) Domestic wastewater facilities and industrial wastewater facilities otherwise regulated by federal, state, or local water pollution permits;

     (13) Dangerous wastes fully regulated under chapter 70.105 RCW, Hazardous waste management, and chapter 173-303 WAC, Dangerous waste regulations;

     (14) Special incinerator ash regulated under chapter 173-306 WAC, Special incinerator ash management standards;

     (15) PCB wastes regulated under 40 CFR Part 761, Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution in Commerce, and Use Prohibitions;

     (16) Radioactive wastes, defined by chapter 246-220 WAC, Radiation protection -- General provisions, and chapter 246-232 WAC, Radioactive protection -- Licensing applicability;

     (17) Landfilling of municipal solid waste regulated under chapter 173-351 WAC, Criteria for municipal solid waste landfills;

     (18) Drop boxes used solely for collecting recyclable materials;

     (19) Intermodal facilities as defined in WAC 173-350-100; and

     (20) Solid waste handling facilities that have engaged in closure and closed before the effective date of this chapter.

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     (2) Effective dates - Existing facilities.

     (a) The owner or operator of existing facilities shall:

     (i) Meet all applicable operating standards within twelve months of the effective date of this chapter;

     (ii) Meet all applicable environmental monitoring, closure and post-closure planning, and financial assurance requirements of this chapter within twenty-four months of the effective date of this chapter; and

     (iii) Meet all applicable performance and design requirements, other than location or setback requirements, within thirty-six months of the effective date of this chapter.

     (b) The owner or operator of existing facilities shall initiate the permit modification process outlined in WAC 173-350-710(4) within twelve months after the effective date of this chapter. If a permit modification is necessary, every application for a permit modification shall describe the date and methods for altering an existing facility to meet (a)(i) through (iii) of this subsection.

     (c) The jurisdictional health department shall determine if a new permit application is required based on the extent of the changes needed to bring the facility into compliance.

     (d) An existing facility completing closure within twelve months of the effective date of this chapter may close in compliance with the requirements of chapter 173-304 WAC, Minimum functional standards for solid waste handling. Any facility that does not complete closure within twelve months of the effective date of this chapter shall close in compliance with applicable requirements of this chapter.

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     (1) Design, construct, operate, and close all facilities in a manner that does not present risks to human health or the environment;

     (2) Comply with chapter 90.48 RCW, Water pollution control and implementing regulations, including chapter 173-200 WAC, Water quality standards for ground waters of the state of Washington;

     (3) Conform to the approved local comprehensive solid waste management plan prepared in accordance with chapter 70.95 RCW, Solid waste management -- Reduction and recycling, and/or the local hazardous waste management plan prepared in accordance with chapter 70.105 RCW, Hazardous waste management;

     (4) Not cause any violation of emission standards or ambient air quality standards at the property boundary of any facility and comply with chapter 70.94 RCW, Washington Clean Air Act;

     (5) Comply with all other applicable local, state, and federal laws and regulations; and

     (6) Not dilute a waste, or the residual from treatment of a waste, as a substitute for treatment or disposal.

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     "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.

     "Aquifer" means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of ground water to wells or springs.

     "Ashes" means the residue including any air pollution flue dusts from combustion or incineration of material including solid wastes.

     "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.

     "Buy-back recycling center" means any facility which collects, receives, or buys recyclable materials from household, commercial, or industrial sources for the purpose of accumulating, grading, or packaging recyclable materials for subsequent shipment and reuse, other than direct application to land.

     "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 dredge spoils" means soils and dredge spoils that do not contain contaminants at concentrations which could negatively impact the quality of air, waters of the state, soils, or sediments; or pose a threat to the health of humans or other living organisms.

     "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).

     "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.

     "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 dredge spoils" means dredge spoils resulting from the dredging of surface waters where contaminants are present at concentrations not suitable for open water disposal, or which could negatively impact the quality of air, waters of the state, soils or sediments, or pose a threat to the health of humans or other living organisms.

     "Contaminated soils" means soils that contain contaminants at concentrations which could negatively impact the quality of air, waters of the state, soils or sediments, or pose a threat to the health of humans or other living organisms.

     "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.

     "Disposal site" means the location where any final treatment, use, processing, or deposit of solid waste occurs.

     "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 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 structures" means constructed infrastructure such as buildings, sheds, utility lines, and piping on the facility.

     "Final treatment" means the act of processing or preparing solid waste for disposal, use, or other approved method.

     "Free liquids" 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.

     "Garbage" means unwanted animal and vegetable wastes and animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food, swill and carcasses of dead animals, and of such a character and proportion as to be capable of attracting or providing food for vectors, except sewage and sewage sludge.

     "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.

     "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 heat or pressure, fire or explosion, violent reaction, toxic dust, fumes, mists, or gases, or flammable fumes or gases.

     "Industrial solid wastes" means waste by-products from manufacturing operations such as scraps, trimmings, packing, and other discarded materials that are not dangerous wastes.

     "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 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.

     "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 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 dredge spoils. 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.

     "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.

     "Materials recovery facility" means any facility that accepts source separated solid waste for the purpose of recycling and disposes of an incidental and accidental residual not to exceed five percent of the total waste received, by weight per year, or ten percent by weight per load.

     "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) 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 facility" means a facility that begins operation or construction after the effective date of this chapter.

     "New solid waste handling unit" means a solid waste handling unit that begins operation or construction, and significant modifications to existing solid waste handling units, after the effective date of this chapter.

     "Nuisance" means unlawfully doing an act, or omitting to perform a duty, which act or omission either annoys, injures, or endangers the comfort, repose, health or safety of others, offends decency, or unlawfully interferes with, obstructs or tends to obstruct, any lake or navigable river, bay, stream, canal, or basin, or any public park, square, street or highway; or in any way renders other persons insecure in life, or in the use of property.

     "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 sites 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 that accepts or disposes of only its own generated solid waste.

     "Processing" means an operation to convert a solid waste into a useful product or to prepare it for disposal.

     "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.

     "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.

     "Retail take-back center" means a retail outlet that accepts limited MRW of comparable types as the products offered for sale at that outlet.

     "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 site, or intermediate solid waste-handling site, 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.

     "Soil water" means the aqueous liquid phase of the soil and its solutes.

     "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 dredge spoils, 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.

     "Solid waste management" means the systematic administration of activities, which provide for the collection, separation, storage, transportation, transfer, processing, treatment, and disposal of solid waste.

     "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, streams, inland waters, salt waters and all other water and 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.

     "Tire derived materials" means tires that have been shredded, baled or otherwise processed from waste tires.

     "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. Transfer stations do not include recycling facilities that are defined as materials recovery facilities.

     "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 meat-free 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.

     "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.

     "Use" means consuming, expending, or exhausting by use, solid waste materials.

     "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 reduction" means reducing the amount or toxicity of waste generated or reusing materials.

     "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, 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.

[]

     (2) Beneficial use permit exemption - General terms and conditions.

     (a) The following general terms and conditions apply to all permit exempt beneficial uses of solid waste. All persons beneficially using solid waste approved for permit exemption in accordance with this section shall:

     (i) Conduct the beneficial use in a manner that does not present a threat to human health or the environment;

     (ii) Ensure that the material is not a dangerous waste regulated under chapter 173-303 WAC, Dangerous waste regulations;

     (iii) Not dilute a waste, or the residual from treatment of a waste, as a substitute for treatment or disposal;

     (iv) Comply with all applicable federal, state, and local rules, regulations, requirements and codes, and local land use requirements;

     (v) Immediately notify the department and the jurisdictional health department of any accidental release(s) of contaminants to the environment;

     (vi) Separate wastes intended for beneficial use from wastes that are destined for disposal, prior to entering the location where the beneficial use will occur;

     (vii) Manage the waste in a manner that controls vector attraction;

     (viii) Ensure that solid waste being stored prior to being beneficially used is managed in accordance with the requirements of all applicable sections of this chapter;

     (ix) Allow the department or the jurisdictional health department, at any reasonable time, to inspect the location where a permit exempt solid waste is used to ensure compliance with applicable terms and conditions of this section; and

     (x) Prepare and submit a copy of an annual report to the department by April 1st on forms supplied by the department. The annual report shall detail the activities of the exemption holder during the previous calendar year and shall include the following information:

     (A) The permit exemption number applicable to the beneficial use activity;

     (B) The name, address, and telephone number of the exemption holder;

     (C) The amount of solid waste beneficially used;

     (D) A certification that the nature of the waste and the operating practices have been in compliance with the terms and conditions of this section and the beneficial use permit exemption during the calendar year; and

     (E) Any additional information that may be specified by the department under the beneficial use permit exemption.

     (b) In addition to the general terms and conditions established in (a) of this subsection, solid wastes applied to the land for agronomic value or soil amending capability under a beneficial use permit exemption shall:

     (i) Demonstrate that the waste meets the quality standards required by the Washington state department of agriculture (WSDA) for registered commercial fertilizers by following the procedures of WAC 16-200-7062 through 16-200-7064, Feeds, fertilizers, and livestock remedies;

     (ii) Be applied at an application rate and in a manner that ensures protection of ground water and surface water. At a minimum, the application rate shall take into account the concentration of available nutrients and micronutrients in the soil amendment, other solid waste applied to the land, residual nutrients at the application site(s), additional sources of nutrients, pollutant loading rates, soil and waste pH, soil type, crop type and vertical separation from ground water; and

     (iii) Not be stored at an application site during periods when precipitation or wind will cause migration from the storage area, unless the site is specifically designed to accommodate storage during these periods. The quantity stored at an application site shall not exceed the maximum needed to meet the annual needs of the site based on the approved application rate. When a soil amendment is stored at an application site it shall not contain free liquids unless the requirements of WAC 173-350-330 are met.

     (c) The department may require a person operating under any exemption issued under this section to meet additional or more stringent requirements for protection of human health and the environment, or to ensure compliance with other applicable regulations:

     (i) At the time the department approves an application for a beneficial use permit exemption; or

     (ii) When new information becomes available that warrants additional protections, but in the opinion of the department does not necessitate revocation of the beneficial use permit exemption.

     (d) The department shall notify in writing the exempted party and all jurisdictional health departments of any additional or more stringent requirements.

     (3) Beneficial use permit exemption - Initial application procedure. Any person(s) interested in obtaining a statewide exemption from solid waste permitting requirements for the beneficial use of a solid waste may apply to the department on a form supplied by the department. All application submittals must be on paper no larger than 11 inch x 17 inch. The application shall at a minimum contain the following:

     (a) The name(s), address(es) and phone number(s) of the waste generator(s);

     (b) The name(s), address(es) and phone number(s) of the applicant. If the applicant is a broker or other third party the uniform business identifier number shall also be included;

     (c) A list of all product(s) made by the waste generator(s);

     (d) A list of all feedstocks used to manufacture the product(s);

     (e) A description of the solid waste and the proposed beneficial use;

     (f) A description of how the waste will be transported or distributed for the proposed beneficial use;

     (g) A description of other materials that contribute or potentially contribute contaminants/pollutants to the waste to be beneficially used;

     (h) A schematic and text summary of the waste generator(s) operations, including all points where wastes are generated, treated or stored;

     (i) A description of how terms and conditions of subsection (2)(a) of this section will be met;

     (j) A State Environmental Policy Act checklist;

     (k) If the beneficial use is proposed as a soil amendment, or for other solid wastes beneficially applied to the land, a description of how the terms and conditions of subsection (2)(b) of this section will be met; and

     (l) Any additional information deemed necessary by the department.

     (4) Beneficial use permit exemption - Secondary application procedure. Beneficial use permit exemptions, approved by the department in accordance with the procedures of subsection (5) of this section, are granted solely to the original applicant(s). Any person, other than the original applicant(s), interested in beneficially using solid waste pursuant to the terms and conditions of an existing permit exemption shall apply to the department by following the procedures described in subsection (3) of this section.

     (5) Beneficial use permit exemption - Determination, revocation, and appeals.

     (a) The department shall review every application for completeness. Once an application is determined to be complete, the department shall:

     (i) Notify the applicant that the application has been determined to be complete.

     (ii) Forward a copy of the complete application and supporting documentation to all jurisdictional health departments for review and comment. Within forty-five calendar days, the jurisdictional health departments shall forward their comments and any other information that they deem relevant to the department.

     (iii) The department shall develop and maintain a register of all complete applications it receives for beneficial use exemptions. The register shall include information regarding the proposed beneficial use and process for submitting comments. The department shall maintain a list of interested parties and forward the register to those parties. The department may provide the register and application information in an electronic form upon request by an interested party.

     (b) Once a determination is made by the department that an application is complete and the public review process has begun, any changes to the application or submittal of additional information by the applicant shall result in a withdrawal of the completeness determination by the department and termination of the public review process. The department shall resume review of the amended application in accordance with the procedures of (a) of this subsection.

     (c) After completion of the comment period, the department shall review comments, technical information from agency and other publications, standards published in regulations, and other information deemed relevant by the department to render a decision.

     (d) Every complete application shall be approved or disapproved by the department in writing within ninety days after receipt. Exemptions shall be granted by the department only to those beneficial uses of solid waste that the department determines to present little or no risk to human health or the environment.

     (e) Upon approval of the application by the department, the beneficial use of the solid waste by the original applicant is exempt from solid waste handling permitting for use anywhere in the state consistent with the terms and conditions of the approval.

     (f) The department may require a person operating under any exemption covered by this section to apply to the jurisdictional health department for a solid waste handling permit under the applicable section of this chapter if:

     (i) The exemption holder fails to comply with the terms and conditions of this section and the approval; or

     (ii) The department determines that the exemption was obtained by misrepresenting or omitting any information that potentially could have affected the issuance or terms and conditions of an exemption.

     (g) The department shall provide written notification to the exempted party and all jurisdictional health departments of any requirement to apply for a permit under this chapter. A person that is required by the department to apply for permit coverage shall immediately cease beneficial use activities until all necessary solid waste handling permits are issued.

     (h) The terms and conditions of subsection (2)(a)(viii) of this section shall remain in effect until the solid waste handling permit process has been completed.

     (i) Any person that violates the terms and conditions of a beneficial use permit exemption issued under this section may be subject to the civil penalty provisions of RCW 70.95.315.

     (j) Appeals of the department's decision to issue or deny or revoke a beneficial use permit exemption shall be made to the pollution control hearings board by filing with the hearings board a notice of appeal within thirty days of the decision of the department. The board's review of the decision shall be made in accordance with chapter 43.21B RCW, Environmental hearing office -- Pollution control hearings board, and any subsequent appeal of a decision of the board shall be made in accordance with RCW 43.21B.180.

     Persons that may appeal are:

     (i) For waste derived soil amendments any aggrieved party may appeal.

     (ii) For all other beneficial uses of solid waste any jurisdictional health department or the applicant may appeal.

     (6) Beneficial use permit exemption - Solid waste exempt from permitting by rule. Reserved.

Note:

RCW 70.95.300 contains provisions that allow the department to exempt from permitting certain beneficial uses of solid waste by rule. The statute also requires the department to develop an application and approval process by which a person could apply for a beneficial use permit exemption. At this time the department has chosen to limit rule making to development of the required application and approval process, and hold a section in reserve for future development of a list of approved beneficial uses.

[]

     (a) Storage, treatment or recycling of solid waste in piles which are subject to WAC 173-350-320;

     (b) Storage or recycling of solid waste in surface impoundments which are subject to WAC 173-350-330;

     (c) Composting facilities subject to WAC 173-350-220;

     (d) Solid waste that is beneficially used on the land that is subject to WAC 173-350-230;

     (e) Storage of waste tires prior to recycling which is subject to WAC 173-350-350;

     (f) Storage of moderate risk waste prior to recycling which is subject to WAC 173-350-360;

     (g) Energy recovery or incineration of solid waste which is subject to WAC 173-350-240.

     (2) Materials recovery and recycling facilities - Permit exemption and notification.

     (a) In accordance with RCW 70.95.305, material recovery and recycling facilities are subject solely to the requirements of (b) of this subsection and are exempt from solid waste handling permitting. An owner or operator that does not comply with the terms and conditions of (b) of this subsection is required to obtain a permit from the jurisdictional health department as an intermediate solid waste handling facility and shall comply with the requirements of WAC 173-350-310. In addition, violations of the terms and conditions of (b) of this subsection may be subject to the penalty provisions of RCW 70.95.315.

     (b) Material recovery and recycling facilities shall be managed according to the following terms and conditions to maintain their exempt status:

     (i) Meet the performance standards of WAC 173-350-040;

     (ii) Accept source separated solid waste for the purpose of recycling and dispose of an incidental and accidental residual not to exceed five percent of the total waste received, by weight per year, or ten percent by weight per load;

     (iii) Allow inspections by the department or jurisdictional health department at reasonable times;

     (iv) Notify the department and jurisdictional health department, thirty days prior to operation for new facilities, and ninety days from the effective date of the rule for existing facilities, of the intent to operate a material recovery and recycling facility in accordance with this section. Notification shall be in writing, and shall include:

     (A) Contact information for facility owner or operator;

     (B) A general description of the facility;

     (C) A description of the types of solid waste managed at the facility; and

     (D) An explanation of the recycling processes and methods;

     (v) Prepare and submit an annual report to the department and the jurisdictional health department by April 1st on forms supplied by the department. The annual report shall detail facility activities during the previous calendar year and shall include the following information:

     (A) Name and address of the facility;

     (B) Calendar year covered by the report;

     (C) Annual quantities and types of waste received, recycled and disposed, in tons, for purposes of determining progress towards achieving the goals of waste reduction, waste recycling, and treatment in accordance with RCW 70.95.010(4). Such facilities may request confidentiality for their reports in accordance with chapter 42.17 RCW, Disclosure -- Campaign finances -- Lobbying -- Records, and RCW 43.21A.160; and

     (D) Any additional information required by written notification of the department.

[]

     (a) This section is applicable to all facilities or sites that treat solid waste by composting. This section is not applicable to:

     (i) Composting used as a treatment for dangerous wastes regulated under chapter 173-303 WAC, Dangerous waste regulation;

     (ii) Composting used as a treatment for petroleum contaminated soils regulated under WAC 173-350-320;

     (iii) Treatment of liquid sewage sludge or biosolids in digesters at wastewater treatment facilities regulated under chapter 90.48 RCW, Water pollution control and chapter 70.95J RCW, Municipal sewage sludge -- Biosolids;

     (iv) Treatment of other liquid solid wastes in digesters regulated under WAC 173-350-330; and

     (v) Composting biosolids when permitted under chapter 173-308 WAC, Biosolids management.

     (b) In accordance with RCW 70.95.305, the operation of the following activities in this subsection are subject solely to the requirements of (c) of this subsection and are exempt from solid waste handling permitting. An owner or operator that does not comply with the terms and conditions of (c) of this subsection is required to obtain a permit from the jurisdictional health department and shall comply with all other applicable requirements of this chapter. In addition, violations of the terms and conditions of (c) of this subsection may be subject to the penalty provisions of RCW 70.95.315.

     (i) On-site production of substrate used to grow mushrooms;

     (ii) Vermicomposting, when used to process Type 1, Type 2, or Type 3 feedstocks generated on-site;

     (iii) Composting of Type 1 or Type 2 feedstocks with a volume limit of forty cubic yards of material on-site at any time. Material on-site includes feedstocks, partially composted feedstocks, and finished compost;

     (iv) Composting of food waste generated on-site and composted in containers designed to prohibit vector attraction and prevent odor generation. Total volume of the containers shall be limited to ten cubic yards or less;

     (v) Agricultural composting when all the agricultural wastes are generated on-site and all finished compost is used on-site;

     (vi) Agricultural composting when any agricultural wastes are generated off-site, and all finished compost is used on-site, and total volume of material is limited to one thousand cubic yards on-site at any time. Material on-site includes feedstocks, partially composted feedstocks, and finished compost; and

     (vii) Agricultural composting at registered dairies when the composting is a treatment option under the Natural Resources Conservation Service waste management system. The composting operation shall be a component of a fully certified dairy nutrient management plan as required by chapter 90.64 RCW, Dairy Nutrient Management Act.

     (viii) Composting of Type 1 or Type 2 feedstocks when more than forty cubic yards and less than two hundred fifty cubic yards of material is on-site at any one time.

     (ix) Agricultural composting, when any of the finished compost is distributed off-site and when it meets the following requirements:

     (A) More than forty cubic yards, but less than one thousand cubic yards of agricultural waste is on-site at any time; and

     (B) Agricultural composting is managed according to a farm management plan written in conjunction with a conservation district, a qualified engineer, or other agricultural professional able to certify that the plan meets applicable Natural Resource Conservation Service standards.

     (x) Vermicomposting when used to process Type 1 or Type 2 feedstocks generated off-site. Total volume of materials is limited to one thousand cubic yards on-site at any one time.

     (c) Composting operations identified in subsection (b) shall be managed according to the following terms and conditions to maintain their exempt status:

     (i) Comply with the performance standards of WAC 173-350-040;

     (ii) Protect surface water and ground water through the use of best management practices and all known available and reasonable methods of prevention, control, and treatment as appropriate. This includes, but is not limited to, setbacks from wells, surface waters, property lines, roads, public access areas, and site-specific setbacks when appropriate;

     (iii) Control nuisance odors to prevent migration beyond property boundaries;

     (iv) Manage the operation to prevent attraction of flies, rodents, and other vectors;

     (v) Provide an annual analysis, prepared in accordance with the requirements of subsection (4)(a)(viii) of this section, for composted material that is distributed off-site from categorically exempt facilities described in subsection (1)(b)(vii) through (ix) of this section.

     (vi) Prepare and submit an annual report to the department and the jurisdictional health department by April 1st for categorically exempt facilities described in subsection (1)(b)(vii) through (ix) of this section. The annual report shall be on forms supplied by the department and shall detail facility activities during the previous calendar year and shall include the following information:

     (A) Name and address of the facility;

     (B) Calendar year covered by the report;

     (C) Annual quantity and type of feedstocks received, in tons;

     (D) Annual quantity of composted material sold or distributed, in tons; and

     (E) Any additional information required by written notification of the department.

     (vii) Allow the department or the jurisdictional health department to inspect the site at reasonable times;

     (viii) For activities under (b)(viii) through (x) of this subsection, and registered dairies where compost is distributed off-site, the department and jurisdictional health department shall be notified in writing thirty days prior to beginning any composting activity. Notification shall include name of responsible person, location of composting operation and identification of feedstocks.

     (2) Composting facilities - Location standards. There are no specific location standards for composting facilities subject to this chapter; however, composting facilities must meet the requirements provided under WAC 173-350-040(5).

     (3) Composting facilities - Design standards. The owner or operator of a composting facility shall prepare engineering reports/plans and specifications, including a construction quality assurance plan, to address the design standards of this subsection. Scale drawings of the facility including the location and size of feedstock and finished product storage areas, compost processing areas, fixed equipment, buildings, leachate collection devices, access roads and other appurtenant facilities; and design specifications for compost pads, storm water run-on prevention system, and leachate collection and conveyance systems shall be provided. All composting facilities shall be designed and constructed to meet the following requirements:

     (a) When necessary to provide public access, all-weather roads shall be provided from the public highway or roads to and within the compost facility and shall be designed and maintained to prevent traffic congestion, traffic hazards, dust and noise pollution;

     (b) Composting facilities shall separate storm water from leachate by designing storm water run-on prevention systems, which may include covered areas (roofs), diversion swales, ditches or other designs to divert storm water from areas of feedstock preparation, active composting and curing;

     (c) Composting facilities shall collect any leachate generated from areas of feedstock preparation, active composting and curing. The leachate shall be conveyed to a leachate holding pond, tank or other containment structure. The leachate holding structure shall be of adequate capacity to collect the amount of leachate generated, and the volume calculations shall be based on the facility design, monthly water balance, and precipitation data. Leachate holding ponds and tanks shall be designed according to the following:

     (i) For leachate ponds at registered dairies, the design and installation shall meet Natural Resources Conservation Service standards in place at the time of construction of the pond.

     (ii) For leachate ponds at composting facilities other than registered dairies, the pond shall be designed to meet the following requirements:

     (A) Have a liner consisting of a minimum 30-mil thickness geomembrane overlying a structurally stable foundation to support the liners and the contents of the impoundment. High density polyethylene geomembranes used as primary liners or leak detection liners shall be at least 60-mil thick to allow for proper welding. The jurisdictional health department may approve the use of alternative designs if the owner or operator can demonstrate during the permitting process that the proposed design will prevent migration of solid waste constituents or leachate into the ground or surface waters at least as effectively as the liners described in this subsection;

     (B) Have dikes and slopes designed to maintain their structural integrity under conditions of a leaking liner and capable of withstanding erosion from wave action, overfilling, or precipitation;

     (C) Have freeboard equal to or greater than eighteen inches to avoid overtopping from wave action, overfilling, or precipitation. The jurisdictional health department may reduce the freeboard requirement provided that other engineering controls are in place which prevent overtopping. These engineering controls shall be specified during the permitting process;

     (D) Leachate ponds that have the potential to impound more than ten-acre feet (three million two hundred fifty-nine thousand gallons) of liquid measured from the top of the dike and which would be released by a failure of the containment dike shall be reviewed and approved by the dam safety section of the department.

     (iii) Tanks used to store leachate shall meet design standards in WAC 173-350-330 (3)(b).

     (d) Composting facilities shall be designed with process parameters and management procedures that promote an aerobic composting process. This requirement is not intended to mandate forced aeration or any other specific composting technology. This requirement is meant to ensure that compost facility designers take into account porosity, nutrient balance, pile oxygen, pile moisture, pile temperature, and retention time of composting when designing a facility.

     (e) Incoming feedstocks, active composting, and curing materials shall be placed on compost pads that meet the following requirements:

     (i) All compost pads shall be curbed or graded in a manner to prevent ponding, run-on and runoff, and direct all leachate to collection devices. Design calculations shall be based upon the volume of water resulting from a twenty-five-year storm event as defined in WAC 173-350-100;

     (ii) All compost pads shall be constructed over soils that are competent to support the weight of the pad and the proposed composting materials;

     (iii) The entire surface area of the compost pad shall maintain its integrity under any machinery used for composting activities at the facility; and

     (iv) The compost pad shall be constructed of materials such as concrete (with sealed joints), asphaltic concrete, or soil cement to prevent subsurface soil and ground water contamination;

     (v) The jurisdictional health department may approve other materials for compost pad construction if the permit applicant is able to demonstrate that the compost pad will meet the requirements of this subsection.

     (4) Composting facilities - Operating standards. The owner or operator of a composting facility shall:

     (a) Operate the facility to:

     (i) Control dust, nuisance odors, and other contaminants to prevent migration of air contaminants beyond property boundaries;

     (ii) Prevent the attraction of vectors;

     (iii) Ensure that only feedstocks identified in the approved plan of operation are accepted at the facility;

     (iv) Ensure the facility operates under the supervision and control of a properly trained individual during all hours of operation, and access to the facility is restricted when the facility is closed;

     (v) Ensure facility employees are trained in appropriate facility operations, maintenance procedures, and safety and emergency procedures according to individual job duties and according to an approved plan of operation;

     (vi) Implement and document pathogen reduction activities when Type 2, 3 or 4 feedstocks are composted. Documentation shall include compost pile temperature and notation of turning as appropriate, based on the composting method used. Pathogen reduction activities shall at a minimum include the following:

     (A) In vessel composting - the temperature of the active compost pile shall be maintained at fifty-five degrees Celsius (one hundred thirty-one degrees Fahrenheit) or higher for three days; or

     (B) Aerated static pile - the temperature of the active compost pile shall be maintained at fifty-five degrees Celsius (one hundred thirty-one degrees Fahrenheit) or higher for three days; or

     (C) Windrow composting - the temperature of the active compost pile shall be maintained at fifty-five degrees Celsius (one hundred thirty-one degrees Fahrenheit) or higher for fifteen days or longer. During the period when the compost is maintained at fifty-five degrees Celsius (one hundred thirty-one degrees Fahrenheit) or higher, there shall be a minimum of five turnings of the windrow; or

     (D) An alternative method that can be demonstrated by the owner or operator to achieve an equivalent reduction of human pathogens;

     (vii) Monitor the composting process according to the plan of operation submitted during the permitting process. Monitoring shall include inspection of incoming loads of feedstocks and pathogen reduction requirements of (a)(vi) of this subsection; and

     (viii) Analyze composted material for:

     (A) Metals in Table A at the minimum frequency listed in Table C. Compost facilities composting only Type 1 and Type 2 feedstocks are not required to test for molybdenum and selenium. Testing frequency is based on the feedstock type and the volume of feedstocks processed per year;

     (B) Parameters in Table B at the minimum frequency listed in Table C. Testing frequency is based on the feedstock type and the volume of feedstocks processed per year;

     (C) Nitrogen content; and

     (D) Biological stability as outlined in United States Department of Agriculture's Test Methods for the Examination of Composting and Compost;

     (E) The jurisdictional health department may require testing of additional metal or contaminants, and/or modify the frequency of testing based on historical data for a particular facility, to appropriately evaluate the composted material.

Table A - Metals

1Not required for composted material made from Type 1, Type 2 or a mixture of Type 1 and Type 2 feedstocks.

Table B - Other Testing Parameters

2Subsection (4)(b)(ii) of this section requires testing for either fecal coliform or salmonella, not both.

Table C - Frequency of Testing Based on Feedstocks Received

Feedstock Type	< 5,000 cubic yards	= or > 5,000 cubic yards
Type 1 or Type 2	Once per year	Every 10,000 cubic yards or every six months whichever is more frequent
Type 3	Once per quarter (four times per year)	Every 5,000 cubic yards or every other month whichever is more frequent
Type 4	Every 1,000 cubic yards	Every 1,000 cubic yards or once per month whichever is more frequent

     (b) Inspect the facility to prevent malfunctions and deterioration, operator errors and discharges, which may cause or lead to the release of waste to the environment or a threat to human health. Inspections shall be conducted at least weekly, unless an alternate schedule is approved by the jurisdictional health department as part of the permitting process. For compost facilities with leachate holding ponds, conduct regular liner inspections at least once every five years, unless an alternate schedule is approved by the jurisdictional health department as part of the permitting process. The frequency of inspections shall be specified in the operations plan and shall be based on the type of liner, expected service life of the material, and the site-specific service conditions. The jurisdictional health department shall be given sufficient notice and have the opportunity to be present during liner inspections. An inspection log or summary shall be kept at the facility or other convenient location if permanent office facilities are not on-site, for at least five years from the date of inspection. Inspection records shall be available to the jurisdictional health department upon request.

     (c) Maintain daily operating records of the following:

     (i) Temperatures and compost pile turnings for Type 2, Type 3 and Type 4 feedstocks;

     (ii) Additional process monitoring data as prescribed in the plan of operation; and

     (iii) Results of laboratory analyses for composted materials as required in (a)(viii) of this subsection. Facility inspection reports shall be maintained in the operating record. Significant deviations from the plan of operation shall be noted in the operating record. Records shall be kept for a minimum of five years and shall be available upon request by the jurisdictional health department.

     (d) Prepare and submit a copy of an annual report to the jurisdictional health department and the department by April 1st on forms supplied by the department. The annual report shall detail the facility's activities during the previous calendar year and shall include the following information:

     (i) Name and address of the facility;

     (ii) Calendar year covered by the report;

     (iii) Annual quantity and type of feedstocks received, in tons;

     (iv) Annual quantity of composted material sold or distributed, in tons;

     (v) Annual summary of laboratory analyses of composted material; and

     (vi) Any additional information required by the jurisdictional health department as a condition of the permit.

     (e) Develop, keep and abide by a plan of operation approved as part of the permitting process. The plan of operation shall convey to site personnel the concept of operation intended by the designer. The plan of operation shall be available for inspection at the request of the jurisdictional health department. If necessary, the plan shall be modified with the approval of the jurisdictional health department. Each plan of operation shall include the following:

     (i) List of feedstocks to be composted, including a general description of the source of feedstocks;

     (ii) A description of how wastes are to be handled on-site during the facility's active life including:

     (A) Acceptance criteria that will be applied to the feedstocks;

     (B) Procedures for ensuring that only the waste described will be accepted;

     (C) Procedures for handling unacceptable wastes;

     (D) Mass balance calculations for feedstocks and amendments to determine an acceptable mix of materials for efficient decomposition;

     (E) Material flow plan describing general procedures to manage all materials on-site from incoming feedstock to finished product;

     (F) A description of equipment, including equipment to add water to compost as necessary;

     (G) Process monitoring plan, including temperature, moisture, and porosity;

     (H) Pathogen reduction plan for facilities that accept Type 2, Type 3, and Type 4 feedstocks;

     (I) Sampling and analysis plan for the final product;

     (J) Odor management plan (air quality control plan);

     (K) Leachate management plan, including monthly water balance; and

     (L) Storm water management plan;

     (iii) A description of how equipment, structures and other systems are to be inspected and maintained, including the frequency of inspections and inspection logs;

     (iv) A neighbor relations plan describing how the owner or operator will manage complaints;

     (v) Safety, fire and emergency plans;

     (vi) Forms for recordkeeping of daily weights or volumes of incoming feedstocks by type and finished compost product, and process monitoring results; and

     (xvii) Other such details to demonstrate that the facility will be operated in accordance with this subsection and as required by the jurisdictional health department.

     (5) Composting facilities - Ground water monitoring requirements. There are no specific ground water monitoring requirements for composting facilities subject to this chapter; however, composting facilities must meet the requirements provided under WAC 173-350-040(5).

     (6) Composting facilities - Closure requirements. The owner or operator of a composting facility shall:

     (a) Notify the jurisdictional health department sixty days in advance of closure. At closure, all raw or partially composted feedstocks from the facility shall be removed to another facility that meets the requirements of chapter 70.95 RCW, Solid waste management -- Reduction and recycling, to manage that type of waste. The site shall be decontaminated.

     (b) Develop, keep and abide by a closure plan approved by the jurisdictional health department as part of the permitting process. At a minimum, the closure plan shall include:

     (i) Methods of removing raw or partially composted feedstocks; and

     (ii) Steps taken for decontamination.

     (7) Composting facilities - Financial assurance requirements. There are no specific financial assurance requirements for composting facilities subject to this chapter; however, composting facilities must meet the requirements provided under WAC 173-350-040(5).

     (8) Composting facilities - Permit application contents. The owner or operator of a composting facility shall obtain a solid waste permit from the jurisdictional health department. All applications for permits shall be submitted in accordance with the procedures established in WAC 173-350-710. In addition to the requirements of WAC 173-350-710 and 173-350-715, each application for a permit shall contain:

     (a) Engineering reports/plans and specifications that address the design standards of subsection (3) of this section;

     (b) A plan of operation meeting the requirements of subsection (4) of this section; and

     (c) A closure plan meeting the requirements of subsection (6) of this section.

     (9) Composting facilities - Construction records. The owner or operator of a composting facility shall provide copies of the construction record drawings for engineered facilities at the site and a report documenting facility construction, including the results of observations and testing carried out as part of the construction quality assurance plan, to the jurisdictional health department and the department. Facilities shall not commence operation until the jurisdictional health department has approved the construction documentation in writing.

     (10) Composting facilities - Designation of composted materials. Composted materials meeting the limits for metals in Table A and the parameters of Table B of this section, and having a stability rating of very stable or stable, shall no longer be considered a solid waste and shall no longer be subject to this chapter. Composted materials that do not meet these limits are still considered solid waste and are subject to management under chapter 70.95 RCW, Solid waste management -- Reduction and recycling.

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     (a) The application of commercial fertilizers registered with the Washington state department of agriculture as provided in RCW 15.54.325, and which are applied in accordance with the standards established in RCW 15.54.800(3);

     (b) Biosolids regulated under chapter 173-308 WAC, Biosolids management;

     (c) Composted materials no longer considered solid waste under WAC 173-350-220(10);

     (d) Dangerous waste regulated under chapter 173-303 WAC Dangerous waste regulations;

     (e) Waste derived soil amendments exempted from permitting under WAC 173-350-200; and

     (f) Materials used to improve the engineering characteristics of soil.

     (2) Land application - Location standards. There are no specific location standards for land application of solid waste subject to this chapter; however, land application sites must meet the requirements except as provided under WAC 173-350-040(5).

     (3) Land application - Design standards. There are no specific design standards for land application of solid waste subject to this chapter; however, land application sites must meet the requirements provided under WAC 173-350-040(5).

     (4) Land application - Operating standards. The owner or operator of a land application site shall operate the site in a manner to prevent risks to human health and the environment and to comply with the performance standards of WAC 173-350-040. The jurisdictional health department shall determine the need for environmental monitoring to ensure compliance with the performance standards. In addition the owner or operator shall:

     (a) Operate the site to ensure that:

     (i) For waste stored in piles on the site:

     (A) Contamination of ground water, surface water, air and land during storage and in case of fire or flood is prevented;

     (B) The potential for combustion within the pile and the potential for combustion from other sources is minimized;

     (C) The duration of on-site waste storage is limited to one year, or less if the jurisdictional health department believes it is necessary to prevent the contamination of ground water, surface water, air and land; and

     (D) The amount of material on site does not exceed the amount that could potentially be applied to the site during a one-year period in accordance with the plan of operations;

     (ii) For storage of liquid waste or semisolid waste in surface impoundments or tanks, the requirements of WAC 173-350-330 are met;

     (iii) Land application occurs at a predictable application rate determined as follows:

     (A) For agricultural applications, solid waste shall be applied to the land at a rate that does not exceed the agronomic rate. The agronomic rate should be based on Washington State University cooperative extension service fertilizer guidelines or other appropriate guidance accepted by the jurisdictional health department;

     (B) For the purposes of land reclamation or other soil amending activities, the application rate may be designed to achieve a soil organic matter content or other soil physical characteristic and promote long-term soil productivity, with consideration of the carbon-to-nitrogen ratio to control nutrient leaching; and

     (C) For liquid wastes, the application rate shall also be based on soil permeability and infiltration rate.

     (b) Maintain operating records of the amount and type of waste applied to the land, the crop and any additional nutrient inputs. Significant deviations from the plan of operation shall be noted in the operating record. Records shall be kept for a minimum of five years and shall be available upon request by the jurisdictional health department;

     (c) Prepare and submit a copy of an annual report to the jurisdictional health department and the department by April 1st on forms supplied by the department. The annual report shall detail the activities during the previous calendar year and shall include the following information:

     (i) Site address or legal description;

     (ii) Calendar year covered by the report;

     (iii) Annual quantity and type of waste received from each source, in tons;

     (iv) For each crop grown: The acreage used, the amount, type and source of each waste applied, the crop, and any additional nutrient inputs to the land, such as manure, biosolids, or commercial fertilizer;

     (v) Quantity and type of any waste remaining in storage as of December 31st of the reporting year, in tons;

     (vi) Any additional waste characterization information required to be obtained as a condition of the permit, and a summary report of that data;

     (vii) Any environmental monitoring data required to be obtained as a condition of the permit, and a summary report of that data; and

     (viii) Any additional information required by the jurisdictional health department as a condition of the permit;

     (d) Develop, keep, and abide by a plan of operation approved as part of the permitting process. The plan shall describe the facility's operation. The plan of operation shall be available for inspection at the request of the jurisdictional health department. If necessary, the plan shall be modified with the approval of the jurisdictional health department. Each plan of operation shall include the following:

     (i) A description of the types of solid wastes to be handled at the site;

     (ii) A description of how wastes are to be handled on-site during the life of the site including:

     (A) How wastes will be delivered to the site and meet any local agency notification requirements;

     (B) A description of the process, system and equipment that will be used to apply the waste to the land that explains:

     (I) How the equipment and system will be calibrated to deliver waste at the agronomic rate;

     (II) Whether the waste will be allowed to remain on the surface of the land, will be tilled into the soil, or will be injected into the soil at the time of application;

     (III) When the waste will be applied to the land relative to crop and livestock management practices; and

     (IV) Any proposed restrictions on application related to climatic factors including typical precipitation, twenty-five-year storm events as defined in WAC 173-350-100, temperature, and wind, or site conditions including frozen soils and seasonal high ground water;

     (C) A description of how the waste will be managed at all points during storage and application to control attraction to disease vectors and to mitigate odor impacts;

     (iii) A spill response plan including the names and phone numbers of all contacts to be notified in the event of a spill and how the spill will be cleaned up;

     (iv) If the seasonal high ground water is three feet or less below the surface, a management plan describing how ground water will be protected;

     (v) A waste monitoring plan providing analytical results representative of the waste being applied to the land, over time, taking into account the rate of production of the waste, timing of delivery, and storage;

     (vi) The forms used to record volumes, weights and waste application data;

     (vii) Other such details to demonstrate that the facility will be operated in accordance with this subsection and as required by the jurisdictional health department.

     (5) Land application - Ground water monitoring requirements. There are no specific ground water monitoring requirements for land application sites subject to this chapter; however, land application sites must meet the requirements except as provided under WAC 173-350-040(5).

     (6) Land application - Closure requirements. The owner or operator of all land application sites shall notify the jurisdictional health department sixty days in advance of closure. All land application sites shall be closed by applying all materials in storage in accordance with the permit, or by removing those materials to a facility that meets the requirements of chapter 70.95 RCW, Solid waste management -- Reduction and recycling, to manage that type of waste.

     (7) Land application - Financial assurance requirements. There are no specific financial assurance requirements for land application sites subject to this chapter; however, land application sites must meet the requirements provided under WAC 173-350-040(5).

     (8) Land application - Permit application contents.

     (a) The owner or operator of land application sites subject to this section shall obtain a solid waste permit from the jurisdictional health department. All applications for permits shall be submitted in accordance with the procedures established in WAC 173-350-710. In addition to the requirements of WAC 173-350-710 and 173-350-715, each application for a permit shall contain:

     (i) Contact information, including name, contact person, mailing address, phone, fax, e-mail for:

     (A) Any person who generates waste that will be applied to the site;

     (B) The person who is applying for a permit (the permit holder);

     (C) The person who prepares the permit application; and

     (D) The person who owns the site where the waste will be applied.

     (ii) Statement of intended use. The permit application shall contain a clear explanation of the benefit to be obtained from land application of the material. Avoidance of disposal is not adequate justification for land application of solid waste.

     (iii) An analysis of the waste which includes:

     (A) A description of the material to be applied to the land;

     (B) A description of the processes by which the material is generated and treated including all processed feedstocks;

     (C) Any pseudonyms or trade names for the material;

     (D) A discussion of the potential for the material to generate odors or to attract disease vectors, including any complaints regarding odors associated with this material;

     (E) An analysis of pollutant concentrations of the following:

     (I) Total arsenic;

     (II) Total barium;

     (III) Total cadmium;

     (IV) Total chromium;

     (V) Total copper;

     (VI) Total lead;

     (VII) Total mercury;

     (VIII) Total molybdenum;

     (IX) Total nickel;

     (X) Total selenium;

     (XI) Total zinc.

     (F) An analysis of nutrients at a minimum to include total Kjeldahl nitrogen, total nitrate-nitrogen, total ammonia- and ammonium-nitrogen, total phosphorus, and extractable potassium;

     (G) An analysis of physical/chemical parameters to include at a minimum: Total solids, total volatile solids, pH, electrical conductivity, total organic carbon;

     (H) A discussion of any pathogens known or suspected to be associated with this material, including those which can cause disease in plants, animals, or humans;

     (I) The concentration of fecal coliform bacteria expressed as CFU or MPN per gram of dry solid material; and

     (J) Any additional analysis required by the jurisdictional health department. The jurisdictional health department may reduce the analytical requirements of this section. Methods of analysis are to be determined by the jurisdictional health department.

     (iv) A comprehensive site characterization including:

     (A) A description of current practices and a brief description of past practices on the application site, including application of wastes, soil amendments, manures, biosolids, liming agents, and other fertilization practices, livestock usage, irrigation practices, and crop history. Also indicate whether any management plan has been prepared for the site such as a farm, forest, or nutrient management plan. Discuss any potential changes to management practices at the site;

     (B) A description of the climate at the application site including typical precipitation, precipitation of a twenty-five-year storm, as defined in WAC 173-350-100, temperatures, and seasonal variations;

     (C) A brief discussion of the potential for surface water to flow onto, or off the site, and typical depths to seasonal high ground water;

     (D) An analysis of soil nutrients including residual nitrate in the upper two feet of soil in one foot increments;

     (E) A site map showing property boundaries and ownership of adjacent properties with the application areas clearly shown, and with the latitude and longitude of the approximate center of each land application site;

     (F) A topographic relief map of the site extending one quarter beyond the site boundaries at a scale of 1:24,000 or other scale if specified by the jurisdictional health department;

     (G) Show the following information on either of the maps provided or on additional maps if needed:

     (I) Location of the site by street address, if applicable;

     (II) The zoning classification of the site;

     (III) The means of access to the site;

     (IV) The size of the site in acres, and if applicable, the size of individual fields, units, and application areas;

     (V) The location and size of any areas which will be used to store the waste;

     (VI) Adjacent properties, uses, and their zoning classifications;

     (VII) Delineation of wetlands on the site;

     (VIII) Any portion of the site that falls within a wellhead protection area;

     (IX) Any seasonal surface water bodies located on the site or perennial surface water bodies within one-quarter mile of the site;

     (X) The location of all wells within one-quarter mile of the boundary of the application area which are listed in public records or otherwise known, whether for domestic, irrigation, or other purposes;

     (XI) Any setback or buffer to surface water, property boundaries, or other feature, if proposed;

     (XII) The location of any critical areas or habitat identified under the Endangered Species Act, local growth management plans, habitat conservation plans, conservation reserve program, or local shoreline master program;

     (XIII) A copy of the natural resource conservation service soil survey map from the most recent edition of the soil survey that includes the distribution of soil types with an overlay of the site boundaries; and

     (XIV) A description of the soil type(s), textural classes, and soil depths present on the site as determined by the most recent edition of the natural resource conservation service soil survey or from actual field measurements.

     (v) A plan of operation meeting the requirements of subsection (4) of this section.

     (b) Two or more areas of land under the same ownership or operational control which are not contiguous may be considered as one site for the purposes of permitting, if in the opinion of the jurisdictional health department the areas are sufficiently proximate and management practices are sufficiently similar that viewing them as one proposal would expedite the permit process without compromising the public interest. A jurisdictional health department may also require separate permits for a contiguous area of land if it finds that the character of a proposed site or management practices across the site are sufficiently different that the permit process and public interest would be best served by a more focused approach.

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     (a) These standards apply to all facilities designed to burn more than twelve tons of solid waste or refuse-derived fuel per day.

     (b) These standards do not apply to facilities that burn gases recovered at a landfill or solid waste digesters.

     (c) In accordance with RCW 70.95.305, the combustion of wood waste, wood derived fuel, and wastewater treatment sludge generated from the manufacturing of paper, for the purpose of energy recovery is subject solely to the requirements of (d)(i) through (iv) of this subsection and is exempt from solid waste handling permitting. An owner or operator that does not comply with the terms and conditions of (d)(i) through (iv) of this subsection is required to obtain a permit from the jurisdictional health department and shall comply with all other applicable requirements of this chapter. In addition, violations of the terms and conditions of (d)(i) through (iv) of this subsection may be subject to the penalty provisions of RCW 70.95.315.

     (d) Owners and operators of all categorically exempt energy recovery facilities shall:

     (i) Comply with the performance standards of WAC 173-350-040;

     (ii) Ensure that only fuels approved in writing by the agency with jurisdiction over the facility for air quality regulation are combusted;

     (iii) Allow department and jurisdictional health department representatives to inspect the facility at reasonable times for the purpose of determining compliance with this chapter; and

     (iv) Ensure that wastewater treatment sludge generated from the manufacturing of paper is combusted only in energy recovery units at the facility from which it originates.

     (2) Energy recovery and incineration facilities - Location standards. There are no specific location standards for energy recovery or incineration facilities subject to this chapter; however, energy recovery and incineration facilities must meet the requirements provided under WAC 173-350-040(5).

     (3) Energy recovery and incineration facilities - Design standards. There are no specific design standards for energy recovery or incineration facilities subject to this chapter; however, energy recovery and incineration facilities must meet the requirements provided under WAC 173-350-040(5).

     (4) Energy recovery and incineration facilities - Operating standards. The owner or operator of an energy recovery or incineration facility shall:

     (a) Operate the facility to:

     (i) Confine solid wastes prior to and after processing to specifically designed piles, surface impoundments, tanks or containers meeting the applicable standards of this chapter. Storage of wastes other than in the specifically designed storage compartments is prohibited. Equipment and space shall be provided in the storage and charging areas, and elsewhere as needed, to allow periodic cleaning as required to maintain the plant in a sanitary and clean condition;

     (ii) Handle solid wastes, including combustion residues, in a manner that complies with this chapter;

     (iii) Provide recycling facilities; and

     (iv) Ensure that dangerous waste is not disposed, treated, stored or otherwise handled, unless the requirements of chapter 173-303 WAC, Dangerous waste regulations, are met.

     (b) Inspect the facility to prevent malfunctions and deterioration, operator errors and discharges that may lead to the release of wastes to the environment or cause a threat to human health. The owner or operator shall conduct these inspections as needed, but at least weekly, unless an alternate schedule is approved by the jurisdictional health department as part of the permitting process.

     (c) Maintain daily operating records on the weights and types of wastes received, and number of vehicles delivering waste to the facility. Facility inspection reports shall be maintained in the operating record. Significant deviations from the plan of operation shall also be noted on the operating record. Records shall be maintained for a minimum of five years and shall be available upon request by the jurisdictional health department.

     (d) Prepare and submit a copy of an annual report to the jurisdictional health department and the department by April 1st of each year on forms supplied by the department. The annual report shall detail the facility's activities during the previous calendar year and shall include the following information:

     (i) Name and address of the facility;

     (ii) Calendar year covered by the report;

     (iii) Annual quantity of each type of solid waste received and incinerated, in tons if available;

     (iv) Annual quantity, type and destination of solid waste bypassed, in tons;

     (v) Annual quantity of ash disposed and disposal location, in tons; and

     (vi) Any additional information required by the jurisdictional health department as a condition of the permit.

     (e) Develop, keep and abide by a plan of operation approved as part of the permitting process. The plan shall describe the facility's operation and shall convey to site operating personnel the concept of operation intended by the designer. The plan of operation shall be available for inspection at the request of the jurisdictional health department. If necessary, the plan shall be modified with the approval of the jurisdictional health department. Each plan of operation shall include the following:

     (i) A description of the types of solid wastes to be handled at the facility;

     (ii) How solid wastes are to be handled on-site during the facility's active life, including alternative storage, and/or disposal plans for all breakdowns that would result in overfilling of the storage facility;

     (iii) A description of how equipment, structures and other systems, including leachate collection and gas collection equipment, are to be inspected and maintained, including the frequency of inspection and inspection logs;

     (iv) Safety, fire and emergency plans including:

     (A) Actions to take if there is a fire or explosion;

     (B) Actions to take if leaks are detected;

     (C) Remedial action programs to be implemented in case of a release of hazardous substances to the environment;

     (D) Actions to take for other releases (e.g., failure of runoff containment system);

     (v) Forms used to record volumes or weights;

     (vi) Other such details to demonstrate that the facility will be operated in accordance with this chapter and as required by the jurisdictional health department.

     (5) Energy recovery and incineration facilities - Ground water monitoring requirements. There are no specific ground water monitoring requirements for energy recovery and incineration facilities subject to this chapter; however, energy recovery and incineration facilities must meet the requirements provided under WAC 173-350-040(5).

     (6) Energy recovery and incineration facilities - Closure requirements. The owner or operator of an energy recovery or incineration facility shall:

     (a) Notify the jurisdictional health department one hundred eighty days in advance of closure. All waste at the time of closure shall be removed to a facility that meets the requirements of chapter 70.95 RCW, Solid waste management -- Reduction and recycling, to manage that type of waste. The site shall be decontaminated.

     (b) Develop, keep and abide by a closure plan approved by the jurisdictional health department as part of the permitting process. At a minimum, the closure plan shall include:

     (i) Methods of removing wastes; and

     (ii) Steps taken for decontamination.

     (7) Energy recovery and incineration facilities - Environmental impact statement required. In accordance with RCW 70.95.700, no solid waste energy recovery or incineration facility shall be operated prior to the completion of an environmental impact statement containing the considerations required under RCW 43.21C.030 (2)(c) and prepared pursuant to the procedures of chapter 43.21C RCW, State Environmental Policy Act.

     (8) Energy recovery and incineration facilities - Financial assurance requirements. There are no specific financial assurance requirements for energy recovery facilities and incineration facilities subject to this chapter; however, energy recovery and incineration facilities must meet the requirements provided under WAC 173-350-040(5).

     (9) Energy recovery and incineration facilities - Permit application contents. The owner or operator of an energy recovery or incineration facility shall obtain a solid waste permit from the jurisdictional health department. All applications for permits shall be in accordance with the procedures established in WAC 173-350-710. In addition to the requirements of WAC 173-350-710 and 173-350-715, each permit application shall contain:

     (a) Preliminary engineering reports/plans and specifications that address:

     (i) The design of the storage and handling facilities on-site for incoming waste as well as fly ash, bottom ash and any other wastes produced by air or water pollution controls; and

     (ii) The design of the incinerator or thermal treater, including charging or feeding systems, combustion air systems, combustion or reaction chambers, including heat recovery systems, ash handling systems, and air pollution and water pollution control systems. Instrumentation and monitoring systems design shall also be included.

     (b) A plan of operation that addresses the requirements of subsection (4) of this section; and

     (c) A closure plan meeting the requirements of subsection (6) of this section.

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     (2) On-site storage.

     (a) The owner or occupant of any premises, business establishment, or industry shall be responsible for the safe and sanitary storage of all containerized solid wastes accumulated at those premises.

     (b) The owner, operator, or occupant of any premises, business establishment, or industry shall store solid wastes in containers that meet the following requirements:

     (i) Disposable containers shall be sufficiently strong to allow lifting without breakage and shall be thirty-two gallons in capacity or less where manual handling is practiced;

     (ii) Reusable containers, except for detachable containers, shall be:

     (A) Rigid and durable;

     (B) Corrosion resistant;

     (C) Nonabsorbent and water tight;

     (D) Rodent-proof and easily cleanable;

     (E) Equipped with a close-fitting cover;

     (F) Suitable for handling with no sharp edges or other hazardous conditions; and

     (G) Equal to or less than thirty-two gallons in volume where manual handling is practiced;

     (iii) Detachable containers shall be durable, corrosion-resistant, nonabsorbent, nonleaking and have either a solid cover or screen cover to prevent littering.

     (3) Collection and transportation standards.

     (a) All persons collecting or transporting solid waste shall avoid littering, or the creation of other nuisances at the loading point, during transport and during proper unloading of the solid waste at a permitted transfer station, or other permitted solid waste handling facility.

     (b) Vehicles or containers used for the collection and transportation of solid waste shall be tightly covered or screened where littering may occur, durable and of easily cleanable construction. Where garbage is being collected or transported, containers shall be cleaned as necessary to prevent nuisances, odors and insect breeding and shall be maintained in good repair.

     (c) Vehicles or containers used for the collection and transportation of any solid waste shall be loaded and moved in such manner that the containers will not fail, and the contents will not spill or leak in quantities to cause a nuisance. Where such spillage or leakage does occur the waste shall be picked up immediately by the collector or transporter and returned to the vehicle or container and the area properly cleaned.

     (d) All persons commercially collecting or transporting solid waste shall inspect collection and transportation vehicles at least monthly. Inspection records shall be maintained at the facility normally used to park such vehicles or such other location that maintenance records are kept. Such records shall be kept for a period of at least two years, and be made available upon the request of the jurisdictional health department.

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     (a) Storage, treatment or recycling of solid waste in piles which are subject to WAC 173-350-320;

     (b) Storage or recycling of solid waste in surface impoundments which are subject to WAC 173-350-330;

     (c) Composting facilities subject to WAC 173-350-220;

     (d) Material recovery and recycling facilities which are subject to WAC 173-350-210, except as provided in WAC 173-350-210 (2)(a);

     (e) Storage of waste tires prior to recycling which is subject to WAC 173-350-350;

     (f) Storage of moderate risk waste prior to recycling which is subject to WAC 173-350-360;

     (g) Energy recovery or incineration of solid waste which is subject to WAC 173-350-240.

     (2) Intermediate solid waste handling facilities - Location standards. There are no specific location standards for intermediate solid waste handling facilities subject to this chapter; however, intermediate solid waste handling facilities must meet the requirements provided under WAC 173-350-040(5).

     (3) Intermediate solid waste handling facilities - Design standards. The owner or operator of all intermediate solid waste handling facilities shall prepare engineering reports/plans and specifications to address the following design standards:

     (a) Transfer stations, baling and compaction sites shall:

     (i) Be surrounded by a fence, trees, shrubbery, or natural features as to control access and be screened from the view of immediately adjacent neighbors, unless the tipping floor is fully enclosed by a building;

     (ii) Be sturdy and constructed of easily cleanable materials;

     (iii) Be free of potential rat harborages, and provide effective means to control rodents, insects, birds and other vectors;

     (iv) Be adequately screened to prevent blowing of litter and to provide effective means to control litter;

     (v) Provide protection of the tipping floor of transfer stations, baling and compaction systems from wind, rain or snow;

     (vi) Provide pollution control measures to protect surface and ground waters, including runoff collection and discharge designed to handle a twenty-five-year storm as defined in WAC 173-350-100, and equipment cleaning and washdown water; and

     (vii) Provide pollution control measures to protect air quality.

     (b) Drop boxes shall be constructed of durable watertight materials with a lid to prevent water infiltration, access by rats and other vectors, and control litter.

     (4) Intermediate solid waste handling facilities - Operating standards. The owner or operator of an intermediate solid waste handling facility shall:

     (a) Operate the facility to:

     (i) For transfer stations, bailing and compaction sites:

     (A) Be protective of human health and the environment;

     (B) Provide all-weather approach roads, exit roads, and all other vehicular areas;

     (C) Control rodents, insects, and other vectors;

     (D) Control litter;

     (E) Prohibit scavenging;

     (F) Prohibit open burning;

     (G) Control dust;

     (H) For putrescible waste, control nuisance odors;

     (I) Provide attendant(s) on-site during hours of operation;

     (J) Have a sign that identifies the facility and shows at least the name of the site, and, if applicable, hours during which the site is open for public use, what materials the facility does not accept and other necessary information posted at the site entrance; and

     (K) Have communication capabilities to immediately summon fire, police, or emergency service personnel in the event of an emergency.

     (ii) For drop box facilities:

     (A) Be serviced as often as necessary to ensure adequate dumping capacity at all times. Storage of waste outside the drop boxes is prohibited;

     (B) Be protective of human health and the environment;

     (C) Control rodents, insects, and other vectors;

     (D) Control litter;

     (E) Prohibit scavenging;

     (F) Control dust;

     (G) For putrescible waste, control nuisance odors; and

     (H) Have a sign that identifies the facility and shows at least the name of the site, and, if applicable, hours during which the site is open for public use, what materials the facility does not accept and other necessary information posted at the site entrance;

     (b) Inspect and maintain the facility to prevent deterioration or the release of wastes to the environment that could pose a threat to human health. Inspection shall be as needed, but at least weekly, unless an alternate schedule is approved by the jurisdictional health department as part of the permitting process;

     (c) Maintain operating records on the weights and types of wastes received or removed from the facility. Facility inspection reports shall be maintained in the operating record. Significant deviations from the plan of operation shall be noted in the operating record. Records shall be kept for a minimum of five years and shall be available upon request by the jurisdictional health department;

     (d) Prepare and submit a copy of an annual report to the jurisdictional health department and the department by April 1st on forms supplied by the department. The annual report shall detail the facility's activities during the previous calendar year and shall include the following information:

     (i) Name and address of the facility;

     (ii) Calendar year covered by the report;

     (iii) Annual quantity of each type of solid waste handled by the facility, in tons;

     (iv) Destination of waste transported from the facility for processing or disposal; and

     (v) Any additional information required by the jurisdictional health department as a condition of the permit.

     (e) Develop, keep and abide by a plan of operation approved as part of the permitting process. The plan shall describe the facility's operation and shall convey to site operating personnel the concept of operation intended by the designer. The plan of operation shall be available for inspection at the request of the jurisdictional health department. If necessary, the plan shall be modified with the approval of the jurisdictional health department. Each plan of operation shall include the following:

     (i) A description of the types of solid wastes to be handled at the facility;

     (ii) A description of how solid wastes are to be handled on-site during the facility's life, including methods of adding or removing waste from the facility and equipment used;

     (iii) Safety and emergency plans;

     (iv) A description of how equipment, structures and other systems are to be inspected and maintained, including the frequency of inspection and inspection logs;

     (v) For putrescible wastes, an odor management plan describing the actions to be taken to control nuisance odors;

     (vi) The forms used to record volumes or weights; and

     (vii) Other such details to demonstrate that the facility will be operated in accordance with this subsection and as required by the jurisdictional health department.

     (5) Intermediate solid waste handling facilities - Ground water monitoring requirements. There are no specific ground water monitoring requirements for intermediate solid waste handling facilities subject to this chapter; however, intermediate solid waste handling facilities must meet the requirements provided under WAC 173-350-040(5).

     (6) Intermediate solid waste handling facilities - Closure requirements. The owner or operator of an intermediate solid waste handling facility shall:

     (a) Notify the jurisdictional health department sixty days in advance of closure. All waste shall be removed to a facility that meets the requirements of chapter 70.95 RCW, Solid waste management -- Reduction and recycling, to manage that type of waste. The site shall be decontaminated.

     (b) Develop, keep and abide by a closure plan approved by the jurisdictional health department as part of the permitting process. At a minimum, the closure plan shall include:

     (i) Methods of removing wastes; and

     (ii) Steps taken for decontamination.

     (7) Intermediate solid waste handling facilities - Financial assurance. There are no specific financial assurance requirements for intermediate solid waste handling facilities subject to this chapter; however, intermediate solid waste handling facilities must meet the requirements provided under WAC 173-350-040(5).

     (8) Intermediate solid waste handling facilities - Permit application contents. The owner or operator of an intermediate solid waste handling facility shall obtain a solid waste permit from the jurisdictional health department. All applications for permits shall be submitted in accordance with the procedures established in WAC 173-350-710. In addition to the requirements of WAC 173-350-710 and 173-350-715, each application for a permit shall contain:

     (a) For transfer stations, bailing and compaction sites:

     (i) Engineering reports/plans and specifications that address the design standards of subsection (3)(a) of this section;

     (ii) A plan of operation meeting the applicable requirements of subsection (4) of this section;

     (iii) A closure plan meeting the requirements of subsection (6) of this section;

     (b) For drop boxes:

     (i) Engineering reports/plans and specifications that address the design standards of subsection (3)(b) of this section;

     (ii) A plan of operation meeting the applicable requirements of subsection (4) of this section; and

     (iii) A closure plan meeting the requirements of subsection (6) of this section.

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     (a) This section is applicable to solid waste stored or treated in piles where putrescible waste piles that do not contain municipal solid waste are in place for more than three weeks, nonputrescible waste piles are in place for more than three months and municipal solid waste piles are in place for more than three days. This section is not applicable to:

     (i) Waste piles located at composting facilities subject to WAC 173-350-220 that are an integral part of the facility's operation;

     (ii) Piles of nonputrescible waste stored in enclosed buildings provided that no liquids or sludges with free liquids are added to the pile; and

     (iii) Piles of waste tires or used tires subject to WAC 173-350-350.

     (b) In accordance with RCW 70.95.305, storage piles of wood waste used for fuel or as a raw material, wood derived fuel, and agricultural wastes on farms, are subject solely to the requirements of (c)(i) through (iii) of this subsection and are exempt from solid waste handling permitting. An owner or operator that does not comply with the terms and conditions of (c)(i) through (iii) of this subsection is required to obtain a permit from the jurisdictional health department and shall comply with all other applicable requirements of this chapter. In addition, violations of the terms and conditions of (c)(i) through (iii) of this subsection may be subject to the penalty provisions of RCW 70.95.315.

     (c) Owners and operators of all storage piles that are categorically exempt from solid waste handling permitting in accordance with (b) of this subsection shall:

     (i) Ensure that at least fifty percent of the material stored in the pile is used within one year and all material is used within three years;

     (ii) Comply with the performance standards of WAC 173-350-040; and

     (iii) Allow department and jurisdictional health department representatives to inspect the waste pile at reasonable times for the purpose of determining compliance with this chapter.

     (d) In accordance with RCW 70.95.305, the storage of inert waste in piles is subject solely to the requirements of (e)(i) through (vi) of this subsection and are exempt from solid waste handling permitting. An owner or operator that does not comply with the terms and conditions of (e)(i) through (vi) of this subsection is required to obtain a permit from the jurisdictional health department and shall comply with all other applicable requirements of this chapter. In addition, violations of the terms and conditions of (e)(i) through (vi) may be subject to the penalty provisions of RCW 70.95.315.

     (e) Owners and operators of all storage piles that are categorically exempt from solid waste handling permitting in accordance with (d) of this subsection shall:

     (i) Implement and abide by a procedure that is capable of detecting and preventing noninert wastes from being accepted or mixed with inert waste;

     (ii) Ensure that at least fifty percent of the material stored in the pile is used within one year and all the material is used within three years;

     (iii) Control public access and unauthorized vehicular traffic to prevent illegal dumping of wastes;

     (iv) Comply with the performance standards of WAC 173-350-040;

     (v) Allow department and jurisdictional health department representatives to inspect the waste pile at reasonable times for the purpose of determining compliance with this chapter; and

     (vi) Notify the department and jurisdictional health department thirty days prior to commencing operations of the intent to store inert waste in accordance with this section. Notification shall be in writing, and shall include:

     (A) Contact information for the owner or operator;

     (B) A general description and location of the facility; and

     (C) A description of the inert waste handled at the facility.

     (2) Piles used for storage or treatment - Location standards. There are no specific location standards for piles subject to this chapter; however, waste piles must meet the requirements provided under WAC 173-350-040(5).

     (3) Piles used for storage or treatment - Design standards.

     (a) The owner or operator of piles used for storage or treatment shall prepare engineering reports/plans and specifications, including a construction quality assurance plan, to address the design standards of this subsection. The maximum waste capacity, elevation and boundaries of the waste pile shall be provided. Piles shall be designed and constructed to:

     (i) Control public access;

     (ii) Comply with the uniform fire code as implemented through the local fire control agency;

     (iii) Minimize vector harborage to the extent practicable; and

     (iv) Provide all-weather approach roads and exits.

     (b) In addition to the requirements of (a) of this subsection, the owner or operator of piles of putrescible waste or waste determined by the jurisdictional health department to be likely to produce leachate posing a threat to human health or the environment shall prepare engineering reports/plans and specifications of the surface on which the pile(s) will be placed including an analysis of the surface under the stresses expected during operations, and the design of the surface water management systems including run-on prevention and runoff conveyance, storage, and treatment. The piles shall be designed and constructed to:

     (i) Place waste on a sealed surface, such as concrete or asphaltic concrete, to prevent soil and ground water contamination. The surface shall be durable enough to withstand material handling practices. The jurisdictional health department may approve other types of surfaces, such as engineered soil, if the applicant can demonstrate that the proposed surface will prevent soil and ground water contamination; and

     (ii) Control run-on and runoff from a twenty-five-year storm, as defined in WAC 173-350-100.

     (4) Piles used for storage or treatment - Operating standards. The owner or operator of piles used for storage or treatment shall:

     (a) Operate the facility to:

     (i) Control fugitive dust;

     (ii) Control access to the pile;

     (iii) Ensure that nonpermitted waste is not accepted at the facility;

     (iv) Control vector harborage and implement vector control as necessary;

     (v) Ensure that waste piles capable of attracting birds do not pose an aircraft safety hazard; and

     (vi) For piles of putrescible waste, control nuisance odors.

     (b) Inspect and maintain the facility to prevent malfunctions, deterioration, operator errors and discharges that may cause or lead to the release of wastes to the environment or a threat to human health. Inspections shall include the engineered surface on which the piles are placed, and the leachate and stormwater control systems. Inspections shall be as needed, but at least weekly, to ensure it is meeting the operational standards, unless an alternate schedule is approved by the jurisdictional health department as part of the permitting process;

     (c) Maintain daily operating records on the weights and the types of waste received or removed from the facility. Facility inspection reports shall be maintained in the operating record. Significant deviations from the plan of operation shall be noted in the operating record. Records shall be kept for a minimum of five years and shall be available upon request by the jurisdictional health department;

     (d) Shall prepare and submit a copy of an annual report to the jurisdictional health department and the department by April 1st on forms supplied by the department. The annual report shall detail the facility's activities during the previous calendar year and shall include the following information:

     (i) Name and address of the facility;

     (ii) Calendar year covered by the report;

     (iii) Annual quantity and type of solid waste handled by the facility, including amounts received, amounts removed and the amount of waste remaining at the facility at year's end, in tons; and

     (iv) Any additional information required by the jurisdictional health department as a condition of the permit.

     (e) Develop, keep and abide by a plan of operation approved as part of the permitting process. The plan shall describe the facility's operation and shall convey to the site operating personnel that concept of operation intended by the designer. The plan of operation shall be available for inspection at the request of the jurisdictional health department. If necessary, the plan shall be modified with the approval of the jurisdictional health department. Each plan of operation shall include the following:

     (i) A description of the types of solid waste to be handled at the facility;

     (ii) A description of how solid wastes are to be handled on-site during the facility's life including:

     (A) The maximum amount of waste to be stored or treated in pile(s) at the facility;

     (B) Methods of adding and removing waste from the pile and equipment used;

     (iii) A description of how equipment, structures and other systems are to be inspected and maintained, including the frequency of inspection and inspection logs;

     (iv) Safety and emergency plans;

     (v) Forms to record weights or volumes; and

     (vi) Other such details to demonstrate that the facility will be operated in accordance with this subsection and as required by the jurisdictional health department.

     (5) Piles used for storage or treatment - Ground water monitoring requirements. There are no specific ground water monitoring requirements for piles used for storage and treatment subject to this chapter; however, waste piles must meet the requirements provided under WAC 173-350-040(5).

     (6) Piles used for storage or treatment - Closure requirements. The owner or operator of piles used for storage or treatment shall:

     (a) Notify the jurisdictional health department sixty days in advance of closure. All waste shall be removed from the pile at closure to a facility that meets the requirements of chapter 70.95 RCW, Solid waste management -- Reduction and recycling, to manage that type of waste. The site shall be decontaminated.

     (b) Develop, keep and abide by a closure plan approved by the jurisdictional health department as part of the permitting process. As a minimum, the closure plan shall include:

     (i) Methods of removing waste; and

     (ii) Steps taken for decontamination.

     (7) Piles used for storage or treatment - Financial assurance requirements. There are no specific financial assurance requirements for piles used for storage or treatment subject to this regulation chapter; however, waste piles must meet the requirements provided under WAC 173-350-040(5).

     (8) Piles used for storage or treatment - Permit application contents. The owner or operator of piles used for storage or treatment shall obtain a permit from the jurisdictional health department.

     All applications for permits shall be submitted in accordance with the procedures established in WAC 173-350-710. In addition to the requirements of WAC 173-350-710 and 173-350-715, each application for a permit shall contain:

     (a) The design of fire control features;

     (b) Engineering reports/plans and specifications that address the design standards of subsection (3) of this section;

     (c) A plan of operation meeting the requirements of subsection (4) of this section; and

     (d) A closure plan meeting the requirements of subsection (6) of this section.

     (9) Piles used for storage or treatment - Construction records. The owner or operator of piles used for storage or treatment shall provide copies of the construction record drawings for engineered facilities at the site and a report documenting facility construction, including the results of observations and testing carried out as part of the construction quality assurance plan, to the jurisdictional health department and the department. Facilities shall not commence operation until the jurisdictional health department has approved the construction documentation in writing.

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     (a) These standards are applicable to:

     (i) Surface impoundments associated with solid waste facilities including, but not limited to, leachate lagoons associated with landfills permitted under this chapter and chapter 173-351 WAC, Criteria for municipal solid waste landfills, and surface impoundments associated with recycling, and piles used for storage or treatment;

     (ii) Above or below ground tanks with a capacity greater than one thousand gallons associated with solid waste handling facilities used to store or treat liquid or semisolid wastes or leachate associated with solid waste handling facilities.

     (b) These standards are not applicable to:

     (i) Surface impoundments or tanks whose facilities are regulated under local, state or federal water pollution control permits;

     (ii) Leachate holding ponds at compost facilities regulated under WAC 173-350-220;

     (iii) Septic tanks receiving only domestic sewage from facilities at the site;

     (iv) Agricultural waste managed according to a farm management plan written in conjunction with the local conservation district;

     (v) Underground storage tanks subject to chapter 173-360 WAC, Underground storage tanks; and

     (vi) Tanks used to store moderate risk waste subject to WAC 173-350-360.

     (2) Surface impoundments and tanks - Location standards.

     (a) Surface impoundments shall not be located in unstable areas unless the owner or operator demonstrates that engineering measures have been incorporated in the facility's design to ensure that the integrity of the liners, monitoring system and structural components will not be disrupted. The owner or operator shall place the demonstration in the application for a permit.

     (b) There are no location standards for tanks subject to this chapter, except as provided under WAC 173-350-040(5).

     (3) Surface impoundments and tanks - Design standards.

     (a) The owner or operator of a surface impoundment shall prepare engineering reports/plans and specifications, including a construction quality assurance plan, to address the design standards of this subsection. In determining pond capacity, volume calculations shall be based on the facility design, monthly water balance, and precipitation data. All surface impoundments shall be designed and constructed to meet the following requirements:

     (i) Have a liner consisting of a minimum 30-mil thickness geomembrane overlying a structurally stable foundation to support the liners and the contents of the impoundment. (HDPE geomembranes used as primary liners or leak detection liners shall be at least 60-mil thick to allow for proper welding.) The jurisdictional health department may approve the use of alternative designs if the owner or operator can demonstrate during the permitting process that the proposed design will prevent migration of solid waste constituents or leachate into the ground or surface waters at least as effectively as the liners described in this subsection.

     (ii) Have a ground water monitoring system which complies with the requirements of WAC 173-350-500 or a leak detection layer. If a leak detection layer is used, it shall consist of an appropriate drainage layer underlain by a geomembrane of at least 30-mil thickness.

     (iii) Have embankments and slopes designed to maintain structural integrity under conditions of a leaking liner and capable of withstanding erosion from wave action, overfilling, or precipitation.

     (iv) Have freeboard equal to or greater than eighteen inches to provide protection against wave action, overfilling, or precipitation. During the permitting process the jurisdictional health department may reduce the freeboard requirement provided that other specified engineering controls are in place which prevent overtopping.

     (v) When constructed with a single geomembrane liner, the liner shall be tested using an electrical leak location evaluation capable of detecting a hole 3 millimeters in its longest dimension or other equivalent postconstruction test method prior to being placed in service. Results of the test shall be submitted with the construction record drawings.

     (vi) Surface impoundments that have the potential to impound more than ten-acre feet (three million two hundred fifty-nine thousand gallons) of liquid measured from the top of the embankment and which would be released by a failure of the containment embankment shall be reviewed and approved by the dam safety section of the department.

     (b) The owner or operator of a tank used to store or treat liquid or semisolid wastes meeting the definition of solid waste or leachate, shall prepare engineering reports/plans and specifications, including a construction quality assurance plan, to address the following design standards:

     (i) Tanks and ancillary equipment shall be tested for tightness using a method acceptable to the jurisdictional health department prior to being covered, enclosed or placed in use. If a tank is found not to be tight, all repairs necessary to remedy the leak(s) in the system shall be performed and verified to the satisfaction of the jurisdictional health department prior to the tank being covered or placed in use.

     (ii) Below ground tanks shall be designed to resist buoyant forces in areas of high ground water and shall either be:

     (A) Retested for tightness at a minimum of once every two years; or

     (B) Equipped with a leak detection system capable of detecting a release from the tank;

     (iii) For tanks or components in which the external shell of a metal tank or any metal component will be in contact with the soil or water, a determination shall be made by a corrosion expert of the type and degree of external corrosion protection that is needed to ensure the integrity of the tank during its operating life. This determination shall be included with design information submitted with the permit application;

     (iv) Above ground tanks shall be equipped with secondary containment constructed of, or lined with, materials compatible with the waste being stored and capable of containing the volume of the largest tank within its boundary plus the precipitation from the twenty-five-year storm event as defined in WAC 173-350-100;

     (v) Areas used to load or unload tanks shall be designed to contain spills, drippage and accidental releases during loading and unloading of vessels;

     (vi) Tanks and piping shall be protected from impact by vehicles or equipment through use of curbing, grade separation, bollards or other appropriate means;

     (vii) Tanks shall be structurally suited for the proposed use; and

     (viii) Tanks, valves, fittings and ancillary piping shall be protected from failure caused by freezing.

     (4) Surface impoundments and tanks - Operating standards. The owner or operator of a surface impoundment or tank shall:

     (a) Operate the facility to:

     (i) Prevent overfilling of surface impoundments or tanks and maintain required freeboard;

     (ii) Control access to the site;

     (iii) Control odors for wastes or liquids with the potential to create nuisance odors; and

     (iv) Control birds at impoundments storing wastes capable of attracting birds.

     (b) Inspect surface impoundments, tanks and associated piping, pumps and hoses as needed, but at least weekly, to ensure they are meeting the operational standards, unless an alternate schedule is approved by the jurisdictional health department as part of the permitting process. In addition, surface impoundments shall have regular liner inspections. Their frequency and methods of inspection shall be specified in the plan of operation and shall be based on the type of liner, expected service life of the material, and the site-specific service conditions. The inspections shall be conducted at least once every five years, unless an alternate schedule is approved by the jurisdictional health department as part of the permitting process. The jurisdictional health department shall be given sufficient notice and have the opportunity to be present during liner inspections.

     (c) Maintain operating records on the weights and the types of waste received or removed from the facility. Facility inspection reports shall be maintained in the operating record. Significant deviations from the plan of operation shall be noted in the operating record. Records shall be kept for a minimum of five years and shall be available for inspection at the request of the jurisdictional health department.

     (d) Shall prepare and submit a copy of an annual report to the jurisdictional health department and the department by April 1st on forms supplied by the department. The annual report shall detail the facility's activities during the previous calendar year and shall include the following information:

     (i) Name and address of the facility;

     (ii) Calendar year covered by the report;

     (iii) Annual quantity and type of solid waste received and removed, in tons;

     (iv) Results of ground water monitoring in accordance with WAC 173-350-500;

     (v) Results of leak detection system monitoring, if applicable; and

     (vi) Any additional information required by the jurisdictional health department as a condition of the permit.

     (e) Develop, keep and abide by a plan of operation approved as part of the permitting process. The plan shall describe the facility's operation and shall convey to site operating personnel the concept of operation intended by the designer. The plan of operation shall be available for inspection at the request of the jurisdictional health department. If necessary, the plan shall be modified with the approval of the jurisdictional health department. Each plan of operation shall include the following:

     (i) A description of the types of solid waste to be handled at the facility;

     (ii) A description of how wastes are handled on-site during the facility's active life;

     (iii) A description of how equipment, structures and other systems are to be inspected and maintained, including the frequency of inspection and inspection logs. This description shall include:

     (A) The ground water monitoring system, if required;

     (B) The overfilling prevention equipment, including details of filling and emptying techniques;

     (C) The liners and embankments, tank piping and secondary containment;

     (D) Safety and emergency plans;

     (E) The forms used to record weights and volumes; and

     (F) Other such details to demonstrate that the facility will be operated in accordance with this subsection and as required by the jurisdictional health department.

     (5) Surface impoundments and tanks - Ground water monitoring requirements.

     (a) Surface impoundments not equipped with a leak detection layer are subject to the ground water monitoring requirements of WAC 173-350-500.

     (b) Surface impoundments equipped with a leak detection layer and tanks are not subject to the ground water monitoring requirements of this chapter, except as provided under WAC 173-350-040(5).

     (6) Surface impoundments and tanks - Closure requirements. The owner or operator of a surface impoundment or tank shall:

     (a) Notify the jurisdictional health department sixty days in advance of closure. All waste from the surface impoundment or tank shall be removed to a facility that meets the requirements of chapter 70.95 RCW, Solid waste management -- Reduction and recycling, to manage that type of waste. The site shall be decontaminated.

     (b) Develop, keep and abide by a closure plan approved by the jurisdictional health department as part of the permitting process. At a minimum, the closure plan shall include:

     (i) Methods of removing waste; and

     (ii) Steps taken for decontamination.

     (7) Surface impoundments and tanks - Financial assurance requirements. There are no specific financial assurance requirements for surface impoundments or tanks subject to this chapter; however, surface impoundments and tanks must meet the requirements provided under WAC 173-350-040(5).

     (8) Surface impoundments and tanks - Permit application contents.

     (a) The owner or operator of a surface impoundment or tank shall obtain a solid waste permit from the jurisdictional health department. All applications for permits shall be submitted in accordance with the procedures established in WAC 173-350-710. In addition to the requirements of WAC 173-350-710 and 173-350-715, each application for a permit shall contain:

     (i) Engineering reports/plans and specifications that address the design standards of subsection (3) of this section;

     (ii) A plan of operation meeting the requirements of subsection (4) of this section;

     (iii) For surface impoundments not equipped with a leak detection layer, hydrogeologic reports and plans that address the requirements of subsection (5) of this section;

     (iv) A closure plan meeting the requirements of subsection (6) of this section.

     (9) Surface impoundments and tanks - Construction records. The owner or operator of a surface impoundment or tank shall provide copies of the construction record drawings for engineered facilities at the site and a report documenting facility construction, including the results of observations and testing carried out as part of the construction quality assurance plan, to the jurisdictional health department and the department. Facilities shall not commence operation until the jurisdictional health department has approved the construction documentation in writing.

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     (a) Facilities that store waste tires in quantities of greater than eight hundred automobile tires or the combined weight equivalent of sixteen thousand pounds of all types of waste tires. This section is not applicable to the storage of waste tires in an enclosed building or in mobile containers used to transport waste tires.

     (b) Persons engaged in the business of transporting waste tires except for:

     (i) Any person transporting five tires or less;

     (ii) Any person transporting used tires back to a retail outlet for repair or exchange;

     (iii) Any waste hauler regulated by chapter 81.77 RCW, Solid waste collection companies;

     (iv) The United States, the state of Washington or any local government, or contractors hired by these entities, when involved in the cleanup of illegal waste tire piles; and

     (v) Tire retailers associated with retreading facilities who use company-owned vehicles to transport waste tires for the purposes of retreading or recycling.

     (2) Waste tire storage and transportation - Transportation prohibitions and enforcement.

     (a) No person shall enter into a contract for transportation of waste tires with an unlicensed waste tire transporter.

     (b) All waste tires that are being transported shall be delivered to a facility that meets WAC 173-350-040(5).

     (c) Any person subject to this section who transports or stores waste tires without a valid waste tire carrier license or waste tire storage license issued by the Washington state department of licensing shall be subject to the penalty provisions of RCW 70.95.560.

     (3) Waste tire storage and transportation - Carrier license requirements.

     (a) All persons subject to this section engaged in the business of transporting waste tires are required to obtain a waste tire carrier license from the Washington state department of licensing.

     (b) Application forms for a waste tire carrier license will be available at unified business identifier service centers located throughout the state. Unified business identifier service locations include:

     (i) The field offices of the department of revenue and the department of labor and industries;

     (ii) The tax offices of employment security;

     (iii) The Olympia office of the secretary of state; and

     (iv) The business license service office of the Washington state department of licensing.

     (c) An application for a waste tire carrier license and a cab card for one vehicle shall include a two hundred fifty dollar application fee, fifty dollars of which shall be nonrefundable. Each additional vehicle cab card to be used by the licensee requires an additional fifty dollar fee. The application shall include:

     (i) A performance bond in the sum of ten thousand dollars in favor of the state of Washington; or

     (ii) In lieu of the bond, an applicant may submit other financial assurance acceptable to the department.

     (d) The refundable portion of application fees may be returned to the applicant if the application is withdrawn before the department has approved or denied the application.

     (e) A waste tire carrier license shall be valid for one year from the date of approval.

     (4) Waste tire storage and transportation - Location standards. There are no specific location standards for waste tire storage sites subject to this chapter; however, waste tire storage sites must meet the requirements provided under WAC 173-350-040(5).

     (5) Waste tire storage and transportation - Design standards. The owner or operator of a waste tire storage area shall prepare engineering reports/plans and specifications to address the design standards of this subsection. The maximum number of tires to be stored on site and the individual pile locations and sized shall be provided. The facility shall be designed so that:

     (a) The size of any individual pile of waste tires shall be limited to:

     (i) A maximum area of five thousand square feet;

     (ii) A maximum volume of fifty thousand cubic feet; and

     (iii) A maximum height of ten feet;

     (b) A clear space of at least forty feet between each pile of waste tires shall be provided. The clear space shall not contain flammable or combustible material or vegetation;

     (c) Tire storage shall not be located within ten feet of any property line or building and shall not exceed six feet in height within twenty feet of any property line or building; and

     (d) Public access shall be limited.

     (6) Waste tire storage and transportation - Operating standards. The owner or operator of a waste tire storage facility shall:

     (a) Operate the facility to:

     (i) Have communication capabilities to immediately summon fire, police, or other emergency service personnel in the event of an emergency;

     (ii) Control public access in a manner sufficient to prevent arson, unauthorized vehicular traffic and illegal dumping of wastes;

     (iii) Manage waste tires in such a way that it is protected from any material or conditions which may cause them to ignite;

     (iv) Limit the total quantity of waste tires stored on-site at any time to the amount permitted by the jurisdictional health department;

     (v) Provide on-site fire control equipment sufficient to extinguish any fire reasonably possible from one individual pile of waste tires. Fire control equipment may include, but is not limited to:

     (A) Automatic sprinkler protection;

     (B) Fire hydrants, hoses and ancillary equipment;

     (C) Portable fire extinguishers; and

     (D) Material-handling equipment capable of moving tires during fire fighting operations;

     (vi) Provide vector control; and

     (vii) Issue written receipts upon receiving loads of waste tires;

     (b) Inspect and maintain the facility to prevent malfunctions, deterioration, operator errors and discharges that may lead to the release of wastes to the environment or cause a threat to human health. Inspections shall be as needed, but at least weekly, to ensure it is meeting the operational standards, unless an alternate schedule is approved by the jurisdictional health department as part of the permitting process;

     (c) Maintain daily operating records including:

     (i) The numbers of tires received and removed from the site. Quantities may be measured by:

     (A) Actual number of tires; or

     (B) Weight, provided the operator documents the approximate number of tires included in each load; or

     (C) Volume in cubic yards, provided the operator documents the approximate number of tires included in each load;

     (ii) Facility inspection reports;

     (iii) Significant deviations from the plan of operation;

     (iv) Records shall be kept for a minimum of five years and shall be available upon request by the jurisdictional health department;

     (d) Prepare and submit a copy of an annual report to the jurisdictional health department and the department by April 1st on forms supplied by the department. The annual report shall detail the facility activities during the previous calendar year and shall include the following information:

     (i) Name and address of the facility;

     (ii) Calendar year covered by the report;

     (iii) Annual quantity of tires, in tons;

     (iv) Annual quantity of tires removed from the facility and end use, in tons;

     (v) Total tons of tires remaining at the facility at year's end;

     (vi) Applicable financial assurance reviews and audit findings in accordance with WAC 173-350-600; and

     (vii) Any additional information required by the jurisdictional health department as a condition of the permit;

     (e) Develop, keep and abide by a plan of operation approved as part of the permitting process. The plan shall describe the facility's operation and shall convey to site operating personnel the concept of operation intended by the designer. The plan of operation shall be available for inspection at the request of the jurisdictional health department. If necessary, the plan shall be modified with the approval of the jurisdictional health department. Each plan of operation shall include the following:

     (i) A description of how waste tires are to be handled on-site during the active life including:

     (A) Transportation and routine storage; and

     (B) Procedures for ensuring that all waste tires received by the facility have been transported in accordance with this section;

     (ii) A description of how equipment, structures and other systems are to be inspected and maintained, including the frequency of inspection and inspection logs;

     (iii) Safety, fire and emergency plans addressing the following:

     (A) Procedures for the use of communications equipment to immediately report emergencies to the fire department, police, or emergency service personnel;

     (B) A list of all emergency equipment at the facility including the location and a brief description of its capabilities;

     (C) Procedures for fire fighting and the operation of fire control equipment;

     (D) Employee training and emergency duty assignments;

     (E) Procedures for and frequency of fire drills;

     (iv) The forms used to record weights and volumes; and

     (v) Other such details to demonstrate that the facility will be operated in accordance with this subsection and as required by the jurisdictional health department.

     (7) Waste tire storage and transportation - Ground water monitoring requirements. There are no specific ground water monitoring requirements for waste tire storage sites; however, waste tire storage sites must meet the requirements provided under WAC 173-350-040(5).

     (8) Waste tire storage and transportation - Closure requirements. The owner or operator of a facility that stores waste tires shall:

     (a) Notify the jurisdictional health department, and where applicable the financial assurance instrument provider, one hundred eighty days in advance of closure;

     (b) Commence implementation of the closure plan, in part or whole, within thirty days after receipt of the final waste tires;

     (c) Provide certification that the site has been closed in accordance with the approved closure plan to the jurisdictional health department; and

     (d) Develop, keep and abide by a closure plan approved by the jurisdictional health department as part of the permitting process. At a minimum the closure plan shall include:

     (i) Projected time intervals that identify when partial closure is to be implemented, and identify closure cost estimates and projected fund withdrawal intervals for the associated closure costs, from the approved financial assurance instrument;

     (ii) Methods of waste tire removal; and

     (iii) Steps taken for decontamination.

     (e) The jurisdictional health department shall notify the owner or operator, the department and the financial assurance instrument provider, of the date when the jurisdictional health department has verified that the facility has been closed in accordance with the specifications of the approved closure plan.

     (9) Waste tire storage and transportation - Financial assurance requirements.

     (a) The owner or operator shall establish a financial assurance mechanism in accordance with WAC 173-350-600 for closure in accordance with the approved closure plan. The funds shall be sufficient for hiring a third party to remove the maximum number of tires permitted to be stored at the facility and deliver the tires to a facility permitted to accept the tires.

     (b) Nothing in this section shall prohibit the application of funds from an existing bond as required under RCW 70.95.555, to the total amount required for financial assurance, provided the bond can be used for the activities described in (a) of this subsection.

     (c) No owner or operator shall commence or continue operations at the site until a financial assurance instrument has been provided for closure activities in conformance with WAC 173-350-600.

     (10) Waste tire storage and transportation - Solid waste permit requirements. The owner or operator shall obtain a solid waste permit from the jurisdictional health department. All applications for permits shall be in accordance with the procedures established in WAC 173-350-710. In addition to the requirements of WAC 173-350-710 and 173-350-715, each application for a permit shall contain:

     (a) Engineering reports/plans and specifications that address the design standards of subsection (5) of this section;

     (b) A plan of operation addressing the requirements of subsection (6) of this section;

     (c) A closure plan meeting the requirements of subsection (8) of this section;

     (d) Documentation as needed to meet the financial assurance requirements of subsection (9) of this section; and

     (e) Evidence that the owner or operator has obtained a waste tire storage site license for the facility in accordance with the requirements of subsection (11) of this section.

     (11) Waste tire storage and transportation - Storage site license requirements.

     (a) In order to obtain a waste tire storage license, the facility owner or operator shall first obtain a solid waste handling permit for the storage of waste tires from the jurisdictional health department.

     (b) Application forms for a waste tire storage site owner license are available at unified business identifier service locations located throughout the state. Unified business identifier service locations include:

     (i) The field offices of the department of revenue and the department of labor and industries;

     (ii) The tax offices of employment security;

     (iii) The Olympia office of the secretary of state; and

     (iv) The business license service office of the Washington state department of licensing.

     (c) An application for a waste tire storage site owner license shall include a two hundred fifty dollar application fee for each facility, fifty dollars of which shall be nonrefundable. The refundable portion of application fees may be returned to the applicant under the following conditions:

     (i) The department determines that a solid waste permit would meet the substantive requirements of RCW 70.95.555 and determines that a license is not required; or

     (ii) The applicant withdraws the application before the department has approved or denied the application.

     (d) A waste tire storage site license shall be valid for one year from the date of approval.

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     (a) This section is applicable to:

     (i) Any facility that accepts segregated solid waste categorized as moderate risk waste (MRW), as defined in WAC 173-350-100;

     (ii) Persons transporting MRW using only a bill of lading (MRW that is not shipped using a hazardous waste manifest) who store MRW for more than ten days at a single location; and

     (iii) Mobile systems and collection events.

     (b) This section is not applicable to:

     (i) Persons transporting MRW managed in accordance with the requirements for shipments of manifested hazardous waste under WAC 173-303-240; and

     (ii) Universal waste regulated under chapter 173-303 WAC.

     (2) Mobile systems and collection events. In accordance with RCW 70.95.305, the operation of mobile systems and collection events are subject solely to the requirements of (a) through (n) of this subsection and are exempt from solid waste handling permitting. An owner or operator that does not comply with the terms and conditions of this subsection is required to obtain a permit from the jurisdictional health department and shall comply with the applicable requirements for a moderate risk waste handling facility. In addition, violations of the terms and conditions of this subsection may be subject to the penalty provisions of RCW 70.95.315. Owners and operators of mobile systems and collection events shall:

     (a) Notify the department and the jurisdictional health department of the intent to operate a mobile system or collection event at least thirty days prior to commencing operations. The notification shall include a description of the types and quantities of MRW to be handled;

     (b) Manage mobile systems or collection events in compliance with the performance standards of WAC 173-350-040;

     (c) Record the weights or gallons of each type of MRW collected, number of households and conditionally exempt small quantity generators served, and type of final disposition (e.g., reuse, recycled, treatment, energy recovery, or disposal). Records shall be maintained for a period of five years and will be made available to the department or jurisdictional health department on request;

     (d) Ensure that the MRW at a mobile system or collection event is handled in a manner that:

     (i) Prevents a spill or release of hazardous substances to the environment;

     (ii) Prevents exposure of the public to hazardous substances; and

     (iii) Results in delivery to a facility that meets the performance standards of WAC 173-350-040;

     (e) Ensure that incompatible wastes are not allowed to come into contact with each other;

     (f) Ensure that containers holding MRW remain closed except when adding or removing waste in order to prevent a release of MRW through evaporation or spillage if overturned;

     (g) Ensure that containers holding MRW have legible labels and markings that identify the waste type;

     (h) Ensure that containers holding MRW are maintained in good condition (e.g., no severe rusting or apparent structural defects);

     (i) Ensure that personnel are familiar with the chemical nature of the materials and the appropriate mitigating action necessary in the event of fire, leak or spill;

     (j) Control public access and prevent unauthorized entry;

     (k) Prepare and submit a copy of an annual report to the department and the jurisdictional health department by April 1st on forms supplied by the department. The annual report shall detail the collection activities during the previous calendar year and shall include the following information:

     (i) Name of owner or operator, and locations of all collection sites;

     (ii) Calendar year covered by the report;

     (iii) Annual quantity and type of MRW, in pounds or gallons by waste type;

     (iv) Number of households and CESQGs served;

     (v) Type of final disposition (e.g., reuse, recycled, treatment, energy recovery, or disposal); and

     (vi) Any additional information required by written notification of the department;

     (l) Allow inspections by the department or the jurisdictional health department at reasonable times;

     (m) Notify the department and the jurisdictional health department of any failure to comply with the terms and conditions of this subsection within twenty-four hours; and

     (n) Mobile collection systems using truck or trailers with concealed construction, permanently attached to a chassis may require a commercial coach insignia if subject to chapter 296-150C WAC, administered by the department of labor and industries.

     (3) Limited MRW facilities. In accordance with RCW 70.95.305, the operation of limited MRW facilities is subject solely to the requirements of (a) through (i) of this subsection and is exempt from solid waste handling permitting. Retail take-back centers are only subject to (b), (e) and (f) of this subsection. An owner or operator that does not comply with the terms and conditions of this subsection is required to obtain a permit from the jurisdictional health department and shall comply with the applicable requirements for an MRW facility. In addition, violations of the terms and conditions of this subsection may be subject to the penalty provisions of RCW 70.95.315. Owners and operators of limited MRW facilities shall:

     (a) Notify the department and the jurisdictional health department within thirty days prior to operation of the intent to operate a limited MRW facility with a description of the type and quantity of MRW to be handled;

     (b) Ensure waste at a limited MRW facility is handled in a manner that:

     (i) Prevents a spill or release of hazardous substances to the environment;

     (ii) Prevents exposure of the public to hazardous substances; and

     (iii) Results in delivery to a facility that meets the performance standards of WAC 173-350-040;

     (c) Ensure that containers and tanks holding MRW are maintained in good condition (e.g., no severe rusting or apparent structural defects);

     (d) Provide secondary containment for containers and tanks capable of storing fifty-five gallons or more of liquid MRW;

     (e) Ensure the facility meets the performance standards of WAC 173-350-040;

     (f) Notify the department and the jurisdictional health department of any failure to comply with the terms and conditions of this subsection within twenty-four hours of knowledge of an incident;

     (g) Allow inspections by the department and jurisdictional health department at reasonable times;

     (h) Maintain records of the amount and type of MRW received, and the final disposition of the MRW by amount and type; and

     (i) Prepare and submit a copy of an annual report to the jurisdictional health department and the department by April 1st on forms supplied by the department. The annual report shall cover the facility's activities during the previous calendar year and shall include the following information:

     (A) Name and address of the facility;

     (B) Calendar year covered by the report;

     (C) Annual quantity and type of MRW, in pounds or gallons by waste type;

     (D) Type of final disposition (e.g., reuse, recycled, treatment, energy recovery, or disposal); and

     (E) Any additional information required by written notification of the department.

     (4) Moderate risk waste facilities - Location standards. There are no specific location standards for moderate risk waste facilities subject to this chapter; however, moderate risk waste facilities must meet the requirements provided under WAC 173-350-040(5).

     (5) Moderate risk waste facilities - Design standards.

     (a) The owner or operator of a moderate risk waste facility shall prepare engineering reports/plans and specifications, including a construction quality assurance plan, to address the following design standards. Each MRW facility shall:

     (i) Be surrounded by a fence, walls, or natural features and provided with a lockable door or gate to control public and animal access;

     (ii) Be constructed of materials that are chemically compatible with the MRW handled;

     (iii) Provide secondary containment to capture and contain releases and spills, and facilitate timely cleanup in areas where MRW is handled. All secondary containment shall:

     (A) Have sufficient capacity to:

     (I) Contain ten percent of volume of all containers or tanks holding liquid or the total volume of the largest container holding liquids in the area, whichever is greater;

     (II) Provide additional capacity to hold the precipitation from a twenty-five-year storm as defined in WAC 173-350-100, in uncovered areas; and

     (III) Provide additional capacity to hold twenty minutes of flow from an automatic fire suppression system, where such a suppression system exists;

     (B) Be segregated for incompatible wastes; and

     (C) Have a base underlying the containers which is free of cracks or gaps and is sufficiently impervious to contain leaks, spills, accumulated precipitation, or fire suppression water until the collected material is detected and removed. The base shall be sloped or the containment system shall otherwise be designed and operated to drain and remove liquids resulting from leaks, spills, precipitation, or fire suppression unless the containers are elevated or are otherwise protected from contact with accumulated liquids;

     (iv) Be accessible by all-weather roads;

     (v) Prevent run-on and control runoff from a twenty-five-year storm, as defined in WAC 173-350-100;

     (vi) Provide a sign at the site entrance that identifies the facility and shows at least the name of the site, and if applicable, hours during which the site is open for public use, and acceptable materials;

     (vii) Provide sufficient ventilation to remove toxic vapors and dust from the breathing zone of workers and prevent the accumulation of flammable or combustible gases or fumes that could present a risk of fire or explosion;

     (viii) Be constructed with explosion-proof electrical wiring, fixtures, lights, motors, switches and other electrical components as required by local fire code or the department of labor and industries;

     (ix) Provide electrical grounding in areas where flammable and combustible liquids are consolidated to allow for bonding to consolidation equipment; and

     (x) Provide protection of the MRW handling areas from wind, rain or snow.

     (b) The owner or operator of a tank used to store or treat MRW shall prepare engineering reports/plans and specifications, including a construction quality assurance plan, to address the following design standards:

     (i) Tanks and ancillary equipment shall be tested for tightness using a method acceptable to the jurisdictional health department prior to being covered, enclosed or placed in use. If a tank is found not to be tight, all repairs necessary to remedy the leak(s) in the system shall be performed and verified to the satisfaction of the jurisdictional health department prior to the tank being covered or placed in use;

     (ii) Below ground tanks shall be designed to resist buoyant forces in areas of high ground water and shall either be:

     (A) Retested for tightness at a minimum of once every two years; or

     (B) Equipped with a leak detection system capable of detecting a release from the tank;

     (iii) For tanks or components in which the external shell of a metal tank or any metal component will be in contact with the soil or water, a determination shall be made by a corrosion expert of the type and degree of external corrosion protection that is needed to ensure the integrity of the tank during its operating life. This determination shall be included with design information submitted with the permit application;

     (iv) Areas used to load or unload tanks shall be designed to contain spills, drippage and accidental releases during loading and unloading of vessels;

     (v) Tanks and piping shall be protected from impact by vehicles or equipment through use of curbing, grade separation, bollards or other appropriate means;

     (vi) Tanks shall be structurally suited for the proposed use; and

     (vii) Tanks, valves, fittings and ancillary piping shall be protected from failure caused by freezing.

     (c) Prefabricated structures with concealed construction shall meet the requirements of chapter 296-150F WAC, Factory-built housing and commercial structures, administered by the department of labor and industries.

     (6) Moderate risk waste facilities - Operating standards. The owner or operator of a MRW facility shall:

     (a) Manage MRW handling activities and facilities so that:

     (i) Each storage area is marked with signs to clearly show the type of MRW to be stored in that area;

     (ii) Incompatible MRW and materials shall not be mixed together or allowed to come into contact with each other;

     (iii) MRW shall be compatible with the containment system;

     (iv) Containers or tanks are closed except when adding or removing MRW in order to prevent a release of MRW through evaporation or spillage if overturned;

     (v) All containers or tanks have visible and legible labels or markings that identify the MRW type and are visible for inspection;

     (vi) Containers of MRW shall be stored in a manner that allows for easy access and inspection. Drums containing MRW shall have at least one side with a minimum of thirty inches clear aisle space;

     (vii) Containers holding MRW are maintained in good condition including, but not limited to, no severe rusting or apparent structural defects;

     (viii) Uniform hazardous waste manifests are prepared and used at the point where possession of the MRW is given to a commercial registered hazardous waste transporter for shipments of MRW destined for out-of-state locations. This shall be completed in accordance with WAC 173-303-180;

     (ix) Public access is restricted to areas identified in the plan of operation and unauthorized entry is prevented;

     (x) Communication capabilities are provided to summon fire, police, or emergency service personnel;

     (xi) Flammable or explosive gases do not exceed ten percent of the lower explosive limit in the area where MRW is handled. An explosive gas monitoring program shall be implemented to ensure that this standard is achieved;

     (xii) MRW is delivered to a facility that meets the performance standards of WAC 173-350-040;

     (xiii) Personnel responsible for routine inspections and operations are familiar with the chemical nature of the materials and the appropriate mitigating action necessary in the event of fire, leak or spill; and

     (xiv) The jurisdictional health department and the department are notified of any spills or discharges of MRW to the environment.

     (b) Ensure that routine, annual, and five-year inspections are conducted as follows:

     (i) Routine inspections shall be conducted at least weekly or once each operating day, whichever is more frequent, unless an alternate schedule is approved by the jurisdictional health department as part of the permitting process. Routine inspections shall be performed for:

     (A) Operating hazards;

     (B) Presence of operable safety equipment;

     (C) Container integrity; and

     (D) General facility condition;

     (ii) Annual inspections shall be conducted to determine the condition of secondary containment systems including all readily accessible below floor spaces, sumps, and tanks for deterioration and evidence of containment failure; and

     (iii) Five-year inspections shall be conducted by either a professional engineer licensed in the state of Washington, or other qualified individual that has credentials that demonstrate skills or knowledge necessary to perform the inspection. Five-year inspections shall be conducted to determine the condition of:

     (A) Secondary containment systems including all readily accessible below floor space, sumps, and tanks for deterioration and evidence of containment failure; and

     (B) All ventilation and flammable vapor monitoring systems.

     (c) Maintain operating records of the weights or gallons of each type of MRW collected and the number of households and CESQGs served. Facility inspection reports shall be maintained in the operating record, including at least the date and time of the inspection, the name and signature of the inspector, a notation of observations made, and the date and nature of any needed repairs or remedial action. Significant deviations from the plan of operation shall be noted in the operating record. Records shall be kept for a minimum of five years and shall be available for inspection at the request of the jurisdictional health department.

     (d) Prepare and submit a copy of an annual report to the jurisdictional health department and the department by April 1st on forms supplied by the department. The annual report shall detail the facility's activities during the previous calendar year and must include the following information:

     (i) Name and address of the facility and locations of all collection sites;

     (ii) Calendar year covered by the report;

     (iii) Annual quantity and type of MRW, in pounds or gallons;

     (iv) Type of final disposition (e.g., reuse, recycled, treatment, energy recovery, or disposal) by type of MRW;

     (v) Applicable financial assurance reviews and audit findings in accordance with WAC 173-350-600; and

     (vi) Any additional information required by the jurisdictional health department as a condition of the permit.

     (e) Develop, keep and abide by a plan of operation approved as part of the permitting process. The plan shall describe the facility's operation and shall convey to site operating personnel the concept of operation intended by the designer. The plan of operation shall be available for inspection at the request of the jurisdictional health department. If necessary, the plan shall be modified with the approval of the jurisdictional health department. Each plan of operation shall include the following:

     (i) A description of the types of solid wastes to be handled at the facility;

     (ii) A description of how MRW will be handled on-site during the active life of the facility including:

     (A) Methods for managing and/or identifying unknown wastes;

     (B) Procedures for managing wastes that arrive in corroded or leaking containers or when MRW is left at the gate when the facility is unattended;

     (C) Protocol for sorting, processing and packaging MRW;

     (D) Procedures to protect containers of MRW susceptible to damage from weather and temperature extremes;

     (E) Maximum quantities of MRW to be safely stored in each area at any time;

     (F) Waste acceptance protocol to preclude and redirect fully regulated dangerous waste and any unacceptable waste types, such as explosives and/or radioactives; and

     (G) For facilities that offer material exchanges, a procedure for determining what MRW is suitable for exchange and how the materials exchange will be operated;

     (iii) A description of how equipment, structures and other systems are to be inspected and maintained, including the frequency of inspection and inspection logs;

     (iv) Safety and emergency plans including:

     (A) A list of all on-site emergency equipment with its capability, purpose, and training requirements;

     (B) A description of actions to take if leaks in containers, tanks, or containment structures are suspected or detected and for other releases (e.g., failure of runoff containment system, gases generated due to chemical reactions or rapid volatilization);

     (v) The forms used to record weights and volumes; and

     (vi) Other such details to demonstrate that the facility will be operated in accordance with this subsection and as required by the jurisdictional health department.

     (7) Moderate risk waste facilities - Ground water monitoring requirements. There are no specific ground water monitoring requirements for MRW facilities subject to this chapter; however, moderate risk waste facilities must meet the requirements provided under WAC 173-350-040(5).

     (8) Moderate risk waste facilities - Closure requirements. The owner or operator of a moderate risk waste facility shall:

     (a) Notify the jurisdictional health department, and where applicable, the financial assurance instrument provider, no later than one hundred eighty days prior to the projected date of the final receipt of MRW, of the intent to implement the closure plan in part or whole. The facility shall close in a manner that:

     (i) Minimizes the need for further maintenance;

     (ii) Removes all MRW and ensures delivery of the MRW to a facility that meets the performance standards of WAC 173-350-040;

     (iii) Decontaminates all areas where MRW has been handled, including, but not limited to, secondary containment, buildings, tanks, equipment, and property; and

     (iv) Prepares the facility for remedial measures after closure, if required.

     (b) Commence closure activities in part or whole within thirty days following the receipt of the final volume of MRW. Waste shall not be accepted for disposal or for use in closure.

     (c) At facility closure completion, in part or whole, submit the following to the jurisdictional health department:

     (i) Certification by the owner or operator, and a professional engineer licensed in the state of Washington that the site has been closed in accordance with the approved closure plan; and

     (ii) A closure report signed by the facility owner or operator and the certifying engineer that describes:

     (A) Actions taken to determine if there has been a release to the environment; and

     (B) The results of all inspections conducted as part of the closure procedure.

     (d) Keep and abide by a closure plan approved by the jurisdictional health department as part of the permitting process. At a minimum, the closure plan shall include:

     (i) A description of the activities and procedures that will be used to ensure compliance with this subsection;

     (ii) An estimate of the maximum volume of MRW on-site at any time during the active life of the facility; and

     (iii) Closure cost estimates and projected fund withdrawal intervals from the financial assurance instrument, if such an instrument is required by subsection (9) of this section.

     (e) The jurisdictional health department shall notify the owner or operator, the department and the financial assurance instrument provider, of the date when the jurisdictional health department has verified that the facility has been closed in accordance with the specifications of the approved closure plan.

     (9) Moderate risk waste facilities - Financial assurance requirements.

     (a) The owner or operator of any fixed moderate risk waste facility that stores more than five hundred fifty gallons of MRW on-site, is required to establish financial assurance in accordance with WAC 173-350-600.

     (b) Proof of financial assurance shall be provided to the jurisdictional health department prior to the acceptance of any MRW. The financial assurance instrument shall provide sufficient funds to guarantee that all closure requirements are met. In the event that hazardous substances are released to the environment and site remediation is necessary, additional financial assurance shall be provided in order that site remediation can be accomplished.

     (c) Nothing in this section shall prevent an owner or operator from including the cost of MRW facility financial assurance in an instrument established for a colocated permitted solid waste facility so long as there are adequate funds available for both closure activities and the instrument identifies the commitment of funds for both activities.

     (10) Moderate risk waste facilities - Permit application contents. The owner or operator of a MRW facility shall obtain a solid waste permit from the jurisdictional health department. All applications for permits shall be submitted in accordance with the requirements established in WAC 173-350-710. In addition to the requirements of WAC 173-350-710 and 173-350-715, each application for a permit shall contain:

     (a) Engineering reports/plans and specifications that address the design standards of subsection (5) of this section;

     (b) A plan of operation meeting the requirements of subsection (6) of this section;

     (c) A closure plan meeting the requirements of subsection (8) of this section; and

     (d) Documentation as needed to meet the financial assurance requirements of subsection (9) of this section.

     (11) Moderate risk waste facilities - Construction records. The owner or operator of a moderate risk waste facility shall provide copies of the construction record drawings for engineered facilities at the site and a report documenting facility construction, including the results of observations and testing carried out as part of the construction quality assurance plan, to the jurisdictional health department and the department. Facilities shall not commence operation until the jurisdictional health department has approved the construction documentation in writing.

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     (a) Municipal solid waste landfills regulated under chapter 173-351 WAC, Criteria for municipal solid waste landfills;

     (b) Inert waste landfills regulated under WAC 173-350-410;

     (c) Special incinerator ash landfills regulated under chapter 173-306 WAC, Special incinerator ash management standards;

     (d) Dangerous waste landfills regulated under chapter 173-303 WAC, Dangerous waste regulations; and

     (e) 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.

     (2) Limited purpose landfills - Location standards. All limited purpose landfills shall be located to meet the following requirements:

     (a) No landfill shall be located over a Holocene fault, in subsidence areas, or on or adjacent to an unstable slope or other geologic features which could compromise the structural integrity of the facility.

     (b) No landfill's active area shall be located closer than one thousand feet to a down-gradient drinking water supply well, unless the owner or operator can demonstrate that a minimum of ninety days will occur between the time that a contaminant is detected and the time the contaminant can reach the nearest down-gradient drinking water supply well. Such demonstrations shall be prepared by a licensed professional in accordance with the requirements of chapter 18.220 RCW and based on the details of the sampling and analysis plan and the hydrogeologic properties of the aquifer and included in the permit application.

     (c) No landfill's active area shall be located in a channel migration zone as defined in WAC 173-350-100 or within two hundred feet measured horizontally, of a stream, lake, pond, river, or saltwater body, nor in any wetland nor any public land that is being used by a public water system for watershed control for municipal drinking water purposes in accordance with WAC 248-54-660(4). All facilities shall conform to location restrictions established in local shoreline management plans adopted pursuant to chapter 90.58 RCW.

     (d) No landfill shall be located within ten thousand feet of any airport runway currently used by turbojet aircraft or five thousand feet of any airport runway currently used by only piston-type aircraft unless the federal aviation administration grants a waiver. This requirement is only applicable where such landfill is used for disposing of wastes where a bird hazard to aircraft would be created.

     (e) All landfills shall comply with the location standards specified in RCW 70.95.060.

     (3) Limited purpose landfills - Design standards.

     (a) This section applies to landfills with considerable variations in waste types, site conditions, and operational controls. All landfills shall be designed to meet the performance standards of WAC 173-350-040 and shall be appropriate for and compatible with the waste, the site, and the operation. The owner or operator of a limited purpose landfill shall prepare engineering reports/plans and specifications, including a construction quality assurance plan, to address the design standards of this subsection. An owner or operator shall be able to demonstrate during the permitting process that the design of a proposed landfill will mitigate risks to human health and the environment. When evaluating a landfill design, the jurisdictional health department shall consider the following factors:

     (i) Waste characterization;

     (ii) Soil conditions;

     (iii) Hydrogeologic conditions;

     (iv) Hydraulic conditions;

     (v) Contaminant fate and transport;

     (vi) Topography;

     (vii) Climate;

     (viii) Seismic conditions;

     (ix) The total capacity of the facility and each landfill unit;

     (x) Anticipated leachate characteristics and quantity;

     (xi) Operational controls; and

     (xii) Environmental monitoring systems.

     (b) Liner system design.

     (i) Liner system performance standard. Limited purpose landfills shall be constructed in accordance with a design that:

     (A) Will prevent the contamination of the hydrostratigraphic units identified in the hydrogeologic assessment of the facility at the relevant point of compliance as specified during the permitting process; and

     (B) Prevent the migration of methane and other gases.

     (ii) The jurisdictional health department may allow a limited purpose landfill to be designed and constructed without a liner system if the owner or operator can demonstrate during the permitting process that:

     (A) The contaminant levels in the waste and leachate are unlikely to pose an adverse impact to the environment; and

     (B) The ability of natural soils to provide a barrier or reduce the concentration of contaminants provides sufficient protection to meet the performance standards of WAC 173-350-040.

     (iii) Liner separation from ground water. No landfill liner system shall be constructed such that the bottom of the lowest component is less than ten feet (three meters) above the seasonal high level of ground water, unless a hydraulic gradient control system has been installed which prevents ground water from contacting the liner. For the purpose of this section, ground water includes any water-bearing unit which is horizontally and vertically extensive, hydraulically recharged, and volumetrically significant as to harm or endanger the integrity of the liner at any time.

     (iv) Hydraulic gradient control system performance standard. When a hydraulic gradient control system is to be incorporated into a landfill design, a demonstration shall be made during the permit process that the hydraulic gradient control system can be installed to control ground water fluctuations and maintain separation between the controlled seasonal high level of ground water in the identified water-bearing unit and the bottom of the lowest liner system component. The hydraulic gradient control system shall not have negative impacts on waters of the state or impede the capability to collect samples representative of the quality of ground water at the relevant point of compliance. The demonstration shall include:

     (A) A discussion in the geologic and hydrogeologic site characterization showing the effects from subsoil settlement, changes in surrounding land uses, climatic trends or other impacts affecting ground water levels during the active life, closure and post-closure periods of the landfill;

     (B) A discussion showing potential impacts of the gradient control operation to existing quality and quantity of ground water or surface waters. This discussion shall include potential impacts to water users and instream flow and levels of surface waters in direct hydrologic contact or continuity with the hydraulic gradient control system. Any currently available ground or surface water quality data for aquifers, springs, or surface waters in direct hydrologic contact or continuity with the hydraulic gradient control system shall be included;

     (C) Conceptual engineering drawings of the proposed landfill and a discussion as to how the hydraulic gradient control system will protect or impact the structural integrity and performance of the liner system;

     (D) Preliminary engineering drawings of the hydraulic gradient control system;

     (E) Design specifications for the proposed ground and surface water monitoring systems; and

     (F) A discussion of the potential impacts from the gradient control system on the capability of collecting ground water samples that will represent the quality of ground water passing the relevant point of compliance.

     (v) Presumptive liner design. Limited purpose landfills designed and constructed with the following composite liner are presumed to meet the performance standard of (b)(i) of this subsection. An alternative liner system design shall be used when the nature of the waste, the disposal site, or other factors are incompatible with the presumptive liner. The presumptive liner design consists of the following two components:

     (A) A lower component consisting of at least a two-foot layer of compacted soil with a hydraulic conductivity of no more than 1 x 10^-7 cm/sec.

     (B) An upper component consisting of a high-density polyethylene (HDPE) geomembrane with a minimum of 60-mil thickness. The geomembrane shall be installed in direct and uniform contact with the lower component.

     (c) Leachate collection and control system design. Except as provided in (b)(ii) of this section, limited purpose landfills shall be constructed in accordance with a design that:

     (i) Provides for collection and removal of leachate generated in the landfill;

     (ii) Is capable of maintaining less than a one-foot head of leachate over the liner system and less than a two-foot head in leachate sump areas;

     (iii) Includes a monitoring system capable of collecting representative samples of leachate generated in the landfill; and

     (iv) Provides for leachate storage, treatment, or pretreatment to meet the requirements for permitted discharge under chapter 90.48 RCW, Water pollution control, and the Federal Clean Water Act.

     (d) Run-on/runoff control system design. Limited purpose landfills shall be constructed in accordance with a design that:

     (i) Will prevent flow onto the active portion of the landfill during the peak discharge from a twenty-five-year storm, as defined in WAC 173-350-100;

     (ii) Will prevent unpermitted discharges from the active portion of the landfill resulting from a twenty-five-year storm, as defined in WAC 173-350-100; and

     (iii) When located in a one hundred-year floodplain, the entrance and exit roads, and landfill practices do not restrict the flow of the base flood, reduce the temporary water storage capacity of the floodplain or result in washout of solid waste, to pose a hazard to human life, wildlife, land or water resources.

     (e) Final closure system design.

     (i) Final closure performance standard. Limited purpose landfills shall be closed in accordance with a design that:

     (A) Prevents exposure of waste;

     (B) Minimizes infiltration (at a minimum, the design will prevent the generation of significant quantities of leachate to eliminate the need for leachate removal by the end of the post-closure period);

     (C) Prevents erosion from wind and water;

     (D) Is capable of sustaining native vegetation;

     (E) Addresses anticipated settlement, with a goal of achieving no less than two to five percent slope after settlement;

     (F) Provides sufficient stability and mechanical strength and addresses potential freeze-thaw and desiccation;

     (G) Provides for the management of run-on and runoff, preventing erosion or otherwise damaging the closure cover;

     (H) Minimizes the need for post-closure maintenance;

     (I) Provides for collection and removal of methane and other gases generated in the landfill. Landfill gas shall be purified for sale, used for its energy value, or flared when the quantity and quality of landfill gases will support combustion. Landfill gases may be vented when they will not support combustion. The collection and removal system shall include a monitoring system capable of collecting representative samples of gases generated in the landfill; and

     (J) Meets the requirements of regulations, permits and policies administered by the jurisdictional air pollution control authority or the department under chapter 70.94 RCW, Washington Clean Air Act and Section 110 of the Federal Clean Air Act.

     (ii) Presumptive final closure cover. Limited purpose landfills designed and constructed with the following closure cover are presumed to meet the performance standards in (e)(i)(A) through (D) of this subsection. An alternative final closure cover shall be used when the nature of the waste, the disposal site or other factors are incompatible with the presumptive final closure cover system. The presumptive final closure cover consists of the following components:

     (A) An antierosion layer consisting of a minimum of two feet (60 cm) of earthen material of which at least twelve inches (30 cm) of the uppermost layer is capable of sustaining native vegetation, seeded with grass or other shallow rooted vegetation; and

     (B) A geomembrane with a minimum of 30-mil (.76 mm) thickness, or a greater thickness that is commensurate with the ability to join the geomembrane material and site characteristics such as slope, overlaying a competent foundation.

     (f) Water balance and ground water contaminant fate and transport modeling. Any modeling performed for evaluating a landfill design shall meet the following performance standards:

     (i) All water balance analysis shall be performed using:

     (A) The Hydrologic Evaluation of Landfill Performance (HELP) Model; or

     (B) Alternate methods approved by the jurisdictional health department. Alternate methods shall have supporting documentation establishing its ability to accurately represent the water balance within the landfill unit.

     (ii) Any ground water and contaminant fate and transport modeling shall be conducted by a licensed professional in accordance with the requirements of chapter 18.220 RCW and meet the following performance standards:

     (A) The model shall have supporting documentation that establishes the ability of those methods to represent ground water flow and contaminant transport under the conditions at the site;

     (B) The model shall be calibrated against site-specific field data;

     (C) A sensitivity analysis shall be conducted to measure the model's response to changes in the values assigned to major parameters, specific tolerances, and numerically assigned space and time discretizations;

     (D) The value of the model's parameters requiring site-specific data shall be based upon actual field or laboratory measurements; and

     (E) The values of the model's parameters that do not require site-specific data shall be supported by laboratory test results or equivalent methods documenting the validity of the chosen parameter values.

     (g) Seismic impact zones. Limited purpose landfills located in seismic impact zones shall be designed so that all containment structures, including liners, leachate collection systems, surface water control systems, gas management, and closure cover systems are able to resist the maximum horizontal acceleration in lithified earth materials for the site.

     (h) The owner or operator of limited purpose landfills located in an unstable area shall demonstrate that engineering measures have been incorporated into the landfill's design to ensure that the integrity of the structural components of the landfill will not be disrupted. The owner or operator shall place the demonstration in the application for a permit. The owner or operator shall consider the following factors, at a minimum, when determining whether an area is unstable:

     (i) On-site or local soil conditions that may result in significant differential settling;

     (ii) On-site or local geologic or geomorphologic features; and

     (iii) On-site or local human-made features or events (both surface and subsurface).

     (i) Limited purpose landfills shall be designed to provide a setback of at least one hundred feet between the active area and the property boundary. The setback shall be increased if necessary to:

     (i) Control odors, dust, and litter;

     (ii) Provide a space for the placement of monitoring wells, gas probes, run-on/runoff controls, and other design elements; or

     (iii) Provide sufficient area to allow proper operation of the landfill and access to environmental monitoring systems and facility structures.

     (4) Limited purpose landfills - Operating standards. The owner or operator of a limited purpose landfill shall:

     (a) Operate the facility to:

     (i) Control public access and prevent unauthorized vehicular traffic, illegal dumping of wastes, and keep animals out by using artificial barriers, natural barriers, or both, as appropriate to protect human health and the environment. A lockable gate shall be required at each entry to the landfill;

     (ii) Provide approach and exit roads of all-weather construction, with traffic separation and traffic control on-site, and at the site entrance;

     (iii) Ensure that no liquid waste or any free liquids are placed in disposal facilities;

     (iv) Weigh all incoming waste on scales or provide an equivalent method of measuring waste tonnage capable of estimating total annual solid waste tonnage to within plus or minus five percent for landfills having a permitted capacity of greater than ten thousand cubic yards per year;

     (v) Provide on-site fire protection as determined by the local and state fire control jurisdiction. Landfills disposing of wastes that can support combustion shall have a method to control subsurface fires;

     (vi) Ensure that at least two landfill personnel are on-site with one person at the active face when the site is open to the public for disposal facilities with a permitted capacity of greater than fifty thousand cubic yards per year;

     (vii) Provide communication between employees working at the landfill and management offices, on-site and off-site, sufficient to handle emergencies;

     (viii) Control fugitive dust;

     (ix) Perform no open burning unless permitted by the jurisdictional air pollution control agency or the department under chapter 70.94 RCW, Washington Clean Air Act;

     (x) Collect scattered litter as necessary to prevent vector harborage, a fire hazard, an aesthetic or other nuisance, or adversely affect wildlife or its habitat;

     (xi) Prohibit scavenging;

     (xii) Ensure that reserve operational equipment shall be available to maintain and meet these standards; and

     (xiii) Ensure that operations do not endanger any containment or monitoring structures such as liners, leachate collection systems, surface water control systems, gas management, cover systems and monitoring wells.

     (b) Operate the facility in compliance with the following operating standards unless a demonstration can be made during the permitting process that due to the nature, source of the waste, or quality of the leachate generated, these standards are not necessary for the protection of human health or the environment:

     (i) Implement a program at the facility for detecting and preventing the disposal of dangerous waste fully regulated under chapter 173-303 WAC, municipal solid waste and other prohibited wastes including polychlorinated biphenyls (PCB) waste. This program shall include, at a minimum:

     (A) Random inspections of incoming loads unless the owner or operator takes other steps (for example, instituting source controls restricting the type of waste received) to ensure that incoming loads do not contain prohibited wastes. Random inspections shall include:

     (I) Discharging a random waste load onto a suitable surface, or portion of the tipping area. A suitable surface shall be chosen to avoid interference with operations, so that sorted waste can be distinguished from other loads of uninspected waste, to avoid litter, and to contain runoff;

     (II) The contents of the load shall be visually inspected prior to actual disposal of the waste. The facility owner or operator shall return prohibited waste to the hauler, arrange for disposal of prohibited wastes at a facility permitted to manage those wastes, or take other measures to prevent disposal of the prohibited waste at the facility;

     (B) Maintaining records of inspections, or the results of other procedures if appropriate;

     (C) Training facility personnel to recognize regulated dangerous waste, PCB wastes and other prohibited wastes; and

     (D) Immediate notification of the department and the jurisdictional health department if a regulated dangerous waste or PCB waste is discovered at the facility.

     (ii) Thoroughly compact the solid waste before succeeding layers are added except for the first lift over a liner.

     (iii) Cover disposed waste to control disease vectors, fires, odors, blowing litter, and scavenging. Putrescible waste shall be covered at the end of each operating day, or at more frequent intervals if necessary. The jurisdictional health department may grant a temporary waiver, not to exceed three months, from the requirement of this subsection if the owner or operator demonstrates that there are extreme seasonal climatic conditions that make meeting such requirements impractical. Materials used for cover shall be:

     (A) At least six inches (15 cm) of earthen material, such as soils; or

     (B) Alternative materials or an alternative thickness other than at least six inches (15 cm) of earthen material as approved by the jurisdictional health department when the owner or operator demonstrates during the permit process that the alternative material or thickness will control vectors, fires, odors, blowing litter, scavenging, provide adequate access for heavy vehicles, and will not adversely affect gas or leachate composition and controls.

     (iv) Prevent or control on-site populations of disease vectors using techniques appropriate for the protection of human health and the environment; and

     (v) Implement a program at the facility to control and monitor explosive gases and to respond to the detection of explosive gases in a manner that ensures protection of human health. This program shall include, at a minimum:

     (A) Controls to ensure that explosive gases generated by the facility do not exceed:

     (I) Twenty-five percent of the lower explosive limit for the gases in facility structures (excluding the gas control or recovery system components);

     (II) The lower explosive limit in soil gases or in ambient air for the gases at the property boundary or beyond; and

     (III) One hundred parts per million by volume of hydrocarbons (expressed as methane) in off-site structures;

     (B) A routine explosive gas-monitoring program to ensure that all standards are met. The minimum frequency for monitoring is quarterly. The type and frequency of monitoring shall be determined based on the following factors:

     (I) Soil conditions;

     (II) The hydrogeologic conditions surrounding the facility;

     (III) The hydraulic conditions surrounding the facility; and

     (IV) The location of facility structures and property boundaries;

     (C) If explosive gas levels exceed those of this subsection take all necessary steps to ensure protection of human health including:

     (I) Notifying the jurisdictional health department;

     (II) Monitoring off-site structures;

     (III) Monitoring explosive gas levels daily, unless otherwise authorized by the jurisdictional health department;

     (IV) Evacuation of buildings affected by landfill gas until determined to be safe for occupancy;

     (V) Within seven calendar days of the explosive gas levels detection, placing in the operating record the explosive gas levels detected and a description of the steps taken to protect human health and provide written notification to the jurisdictional health department; and

     (VI) Within sixty days of the explosive gas levels detection, implementing a remediation plan for the explosive gas releases, describing the nature and extent of the problem and the remedy. This shall be sent to the jurisdictional health department for approval as an amendment to the plan of operation. A copy of the remediation plan shall be placed in the operating record;

     (D) Construction and decommissioning of all gas monitoring and extraction wells in a manner that protects ground water and meets the requirements of chapter 173-160 WAC, Minimum standards for construction and maintenance of wells;

     (c) Inspect and maintain the facility to prevent malfunctions and deterioration, operator errors, and discharges that may cause or lead to the release of wastes to the environment or cause a threat to human health. The inspections shall be at least weekly, unless an alternate schedule is approved by the jurisdictional health department as part of the permitting process;

     (d) Maintain daily operating records on the weights (or volumes), number of vehicles entering and the types of wastes received. Facility inspection reports shall be maintained in the operating record. Significant deviations from the plan of operation shall be noted on the operating record. Records shall be maintained for a minimum of five years and shall be available upon request by the jurisdictional health department;

     (e) Prepare and submit a copy of an annual report to the jurisdictional health department and the department by April 1st of each year. The annual report shall cover landfill activities during the previous calendar year and shall include the following information:

     (i) Name and address of the facility;

     (ii) Calendar year covered by the report;

     (iii) Annual quantity and type of waste accepted:

     (A) For landfills that dispose of more than ten thousand cubic yards of waste per year, report annual type and quantities in tons.

     (B) For landfills that dispose of less than ten thousand cubic yards of waste per year, annual type and quantities may be reported in cubic yards. Include an estimate of in-place density in pounds per cubic yard;

     (iv) Results of ground water monitoring in accordance with WAC 173-350-500;

     (v) Applicable financial assurance reviews and audit findings in accordance with WAC 173-350-600; and

     (vi) Any additional information required by the jurisdictional health department as a condition of the permit;

     (f) Develop, keep, and abide by a plan of operation approved as part of the permitting process. The plan shall describe the operation of the facility and shall convey to site operating personnel the concept of operation intended by the designer. The plan of operation shall be available for inspection at the request of the jurisdictional health department. If necessary, the plan shall be modified with the approval of the jurisdictional health department. Each plan of operation shall contain:

     (i) A description of the types of solid waste to be handled at the facility;

     (ii) A description of how solid wastes are to be handled on-site during its active life including:

     (A) The acceptance criteria that will be applied to the waste;

     (B) Procedures for ensuring only the waste described will be accepted;

     (C) Procedures for handling unacceptable wastes; and

     (D) Unloading and staging areas, transportation, routine filling, compaction, grading, cover or other vector controls, and housekeeping;

     (iii) A description of how equipment, structures and other systems, including leachate collection, gas collection, run-on/runoff controls, and hydraulic gradient control systems, are to be inspected and maintained, including the frequency of inspection and inspection logs;

     (iv) Safety and emergency plans including;

     (A) Procedures for fire (including subsurface fires) prevention, a description of fire protection equipment available on-site and actions to take if there is a fire or explosion;

     (B) Actions to take if leaks are detected or for other releases, such as failure of runoff containment system, if such systems are required;

     (v) The forms for recording weights and volumes; and

     (vi) Other such details to demonstrate that the landfill will be operated in accordance with this subsection and as required by the jurisdictional health department.

     (5) Limited purpose landfills - Ground water monitoring requirements. Limited purpose landfills are subject to the ground water monitoring requirements of WAC 173-350-500.

     (6) Limited purpose landfills - Closure requirements. The following closure requirements apply in full to facilities with limited purpose landfills:

     (a) The owner or operator shall notify the jurisdictional health department, and where applicable, the financial assurance instrument provider, one hundred eighty days in advance of closure of the facility, or any portion thereof. The facility, or any portion thereof, shall close in a manner that:

     (i) Minimizes the need for further maintenance;

     (ii) Controls, minimizes, or eliminates threats to human health and the environment from post-closure escape of solid waste constituents, leachate, landfill gases, contaminated runoff, or waste decomposition products to the ground, ground water, surface water, and the atmosphere; and

     (iii) Prepares the facility, or any portion thereof, for the post-closure period.

     (b) The owner or operator shall commence implementation of the closure plan in part or whole within thirty days after receipt of the final volume of waste and/or attaining the final landfill elevation at part of or at the entire landfill as identified in the approved facility closure plan unless otherwise specified in the closure plan.

     (c) The owner or operator shall not accept waste, including inert wastes, for disposal or for use in closure except as identified in the closure plan approved by the jurisdictional health department.

     (d) The owner or operator shall develop, keep, and abide by a closure plan approved by the jurisdictional health department as part of the permitting process. At a minimum, the closure plan shall include the following information:

     (i) A description of the final closure cover, designed in accordance with subsection (3)(e) of this section, the methods and procedures to be used to install the closure cover, sources of borrow materials for the closure cover, and a schedule or description of the time required for completing closure activities;

     (ii) Projected time intervals at which sequential partial closure and final closure are to be implemented;

     (iii) A description of the activities and procedures that will be used to ensure compliance with (a) through (g) of this subsection; and

     (iv) Identify closure cost estimates and projected fund withdrawal intervals for the associated closure costs, from the approved financial assurance instrument.

     (e) The owner or operator shall submit final engineering closure plans, in accordance with the approved closure plan and all approved amendments, for review, comment, and approval by the jurisdictional health department.

     (f) When landfill closure is completed in part or whole, the owner or operator shall submit the following to the jurisdictional health department:

     (i) Landfill closure plan sheets signed by a professional engineer registered in the state of Washington and modified as necessary to represent as-built changes to final closure construction for the landfill, or a portion thereof, as approved in the closure plan; and

     (ii) Certification by the owner or operator, and a professional engineer registered in the state of Washington, that the landfill, or a portion thereof has been closed in accordance with the approved closure plan.

     (g) The owner or operator shall record maps and a statement of fact concerning the location of the disposal site as part of the deed with the county auditor not later than three months after closure.

     (h) The jurisdictional health department shall notify the owner or operator, the department, and the financial assurance instrument provider, of the date when the jurisdictional health department has verified that the facility, or a portion thereof, has been closed in accordance with the specifications of the approved closure plan and the closure requirements of this section, at which time the post-closure period shall commence.

     (7) Limited purpose landfills - Post-closure requirements. The following post-closure requirements apply in full to facilities with limited purpose landfills:

     (a) The owner or operator shall provide post-closure activities to allow for continued facility maintenance and monitoring of air, land, and water for a period of twenty years, or as long as necessary for the landfill to stabilize and to protect human health and the environment. For disposal facilities, post-closure care includes at least the following:

     (i) Maintaining the integrity and effectiveness of any final closure cover, including making repairs to the closure cover as necessary to correct the effects of settlement, subsidence, erosion, or other events, maintaining the vegetative cover, and preventing run-on and runoff from eroding or otherwise damaging the final closure cover;

     (ii) General maintenance of the facility and facility structures for their intended use;

     (iii) Monitoring ground water, surface water, leachate, or other waters in accordance with the requirements of WAC 173-350-500 and the approved monitoring plan, including remedial measures if applicable, and maintaining all monitoring systems;

     (iv) Monitoring landfill gas and maintaining and operating the gas collection and control systems;

     (v) Maintaining, operating, and monitoring hydraulic gradient controls systems if applicable;

     (vi) Monitoring settlement; and

     (vii) Any other activities deemed appropriate by the jurisdictional health department.

     (b) The owner or operator shall commence post-closure activities for the facility, or portion thereof, after completion of closure activities outlined in subsection (6) of this section. The jurisdictional health department may direct that post-closure activities cease until the owner or operator receives a notice to proceed with post-closure activities.

     (c) The owner or operator shall develop, keep, and abide by a post-closure plan approved by the jurisdictional health department as a part of the permitting process. The post-closure plan shall:

     (i) Address facility maintenance and monitoring activities for at least a twenty-year period or until the landfill becomes stabilized (i.e., little or no settlement, gas production or leachate generation), and monitoring of ground water, surface water, gases and settlement can be safely discontinued; and

     (ii) Project time intervals at which post-closure activities are to be implemented, and identify post-closure cost estimates and projected fund withdrawal intervals from the selected financial assurance instrument, where applicable, for the associated post-closure costs.

     (d) The owner or operator shall complete post-closure activities for the facility, or portion thereof, in accordance with the approved post-closure plan and schedule, or the plan shall be so amended with the approval of the jurisdictional health department. The jurisdictional health department may direct facility post-closure activities, in part or completely, to cease until the post-closure plan has been amended and has received written approval by the health department.

     (e) When post-closure activities are complete, the owner or operator shall submit a certification to the jurisdictional health department, signed by the owner or operator, and a professional engineer registered in the state of Washington stating why post-closure activities are no longer necessary.

     (f) If the jurisdictional health department finds that post-closure monitoring has established that the landfill is stabilized, the health department may authorize the owner or operator to discontinue post-closure maintenance and monitoring activities.

     (g) The jurisdictional health department shall notify the owner or operator, the department, and the financial assurance instrument provider, of the date when the jurisdictional health department has verified that the facility has completed post-closure activities in accordance with the specifications of the approved post-closure plan.

     (8) Limited purpose landfills - Financial assurance requirements.

     (a) Financial assurance is required for all limited purpose landfills.

     (b) Each owner or operator shall establish a financial assurance mechanism in accordance with WAC 173-350-600 that will accumulate funds equal to the closure and post-closure cost estimates over the life of the landfill, or over the life of each landfill unit if closed discretely.

     (c) No owner or operator shall commence or continue disposal operations in any part of a facility subject to this section until a financial assurance instrument has been provided for closure and post-closure activities in conformance with WAC 173-350-600.

     (9) Limited purpose landfills - Permit application contents. The owner or operator shall obtain a solid waste permit from the jurisdictional health department. All applications for permits shall be in accordance with the procedures established in WAC 173-350-710. In addition to the requirements of WAC 173-350-710 and 173-350-715, each application for a permit shall contain:

     (a) Demonstrations that the facility meets the location standards of subsection (2) of this section;

     (b) Documentation that all owners of property located within one thousand feet of the facility property boundary have been notified that the proposed facility may impact their ability to construct water supply wells, in accordance with chapter 173-160 WAC, Minimum standards for construction and maintenance of wells;

     (c) Engineering reports/plans and specifications that address the design standards of subsection (3) of this section;

     (d) A plan of operation meeting the requirements of subsection (4) of this section;

     (e) Hydrogeologic reports and plans that address the requirements of subsection (5) of this section;

     (f) A closure plan meeting the requirements of subsection (6) of this section;

     (g) A post-closure plan meeting the requirements of subsection (7) of this section; and

     (h) Documentation as needed to meet the financial assurance requirements of subsection (8) of this section.

     (10) Limited purpose landfills - Construction records. The owner or operator of a limited purpose landfill shall provide copies of the construction record drawings for engineered facilities at the site and a report documenting facility construction, including the results of observations and testing carried out as part of the construction quality assurance plan, to the jurisdictional health department and the department. Facilities shall not commence operation until the jurisdictional health department has approved the construction documentation in writing.

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     (2) Inert waste landfills - Location standards. All inert waste landfills shall be located to meet the following requirements. No inert waste landfill's active area shall be located:

     (a) On an unstable slope;

     (b) Closer than ten feet from the facility property line;

     (c) Closer than fifty feet to a drinking water supply well; or

     (d) In a channel migration zone as defined in WAC 173-350-100, or within one hundred feet measured horizontally, of a stream, lake, pond, river, or saltwater body, nor in any wetland nor any public land that is being used by a public water system for watershed control for municipal drinking water purposes in accordance with WAC 248-54-660(4).

     (3) Inert waste landfills - Design standards. The owner or operator of an inert waste landfill shall prepare engineering reports/plans and specifications to address the design standards of this subsection. The existing site topography, including the location and approximate thickness and nature of any existing waste, the vertical and horizontal limits of excavation and waste placement, final closure elevation and grades, and the design capacity of each landfill unit, total design capacity, and future use of the facility after closure, shall be included. Inert waste landfills shall be designed and constructed to:

     (a) Ensure that all waste is above the seasonal high level of ground water. For the purpose of this section, ground water includes any water-bearing unit which is horizontally and vertically extensive, hydraulically recharged, and volumetrically significant;

     (b) Maintain a stable site; and

     (c) Manage surface water, including run-on prevention and runoff conveyance, storage, and treatment, to protect the waters of the state;

     (4) Inert waste landfills - Operating standards. The owner or operator of an inert waste landfill shall:

     (a) Operate the facility to:

     (i) Control public access and prevent unauthorized vehicular traffic and illegal dumping of wastes;

     (ii) Implement a program at the facility capable of detecting and preventing noninert wastes from being accepted or mixed with inert waste;

     (iii) Handle all inert waste in a manner that is in compliance with the performance standards of WAC 173-350-040;

     (iv) Handle all inert waste in a manner that controls fugitive dust and is protective of waters of the state; and

     (v) Prevent unstable conditions resulting from their activities;

     (b) Inspect and maintain the facility to prevent malfunctions and deterioration, operator errors and discharges that may cause a threat to human health. Inspections shall be as needed, but at least weekly, to ensure meeting operational standards, unless an alternate schedule is approved by the jurisdictional health department as part of the permitting process;

     (c) Maintain daily operating records of the weights of inert waste disposed. Methods for measuring waste shall be capable of estimating total annual weight to within plus or minus twenty percent. In addition, record and retain information that documents that all wastes landfilled meet the criteria for inert waste. Facility inspection reports shall be maintained in the operating record. Significant deviations from the plan of operation shall be noted in the operating record. Records shall be maintained for minimum of five years and shall be available upon request by the jurisdictional health department;

     (d) Prepare and submit a copy of an annual report to the jurisdictional health department and the department by April 1st on forms supplied by the department. The annual report shall detail the facility's activities during the previous calendar year and shall include the following information:

     (i) Name and address of the facility;

     (ii) Calendar year covered by the report;

     (iii) Annual quantity and type of waste disposed in tons; and

     (iv) Any additional information required by the jurisdictional health department as a condition of the permit;

     (e) Develop, keep, and abide by a plan of operation approved as part of the permitting process. The plan shall describe the facility's operation and shall convey to site operating personnel the concept of operation intended by the designer. The plan of operation shall be available for inspection at the request of the jurisdictional health department. If necessary, the plan shall be modified with the approval of the jurisdictional health department. Each plan of operation shall include:

     (i) A description of the types of solid waste to be handled at the facility;

     (ii) A description of how solid wastes are to be handled on-site during its active life including:

     (A) Acceptance criteria that will be applied to the waste;

     (B) Procedures for ensuring only the waste described will be accepted;

     (C) Procedures for handling unacceptable wastes; and

     (D) Procedures for transporting and routine filling and grading;

     (iii) A description of how equipment, structures and other systems are to be inspected and maintained, including the frequency of inspection and inspection logs;

     (iv) Safety and emergency plans;

     (v) The forms used to record weights and volumes; and

     (vi) Other such details to demonstrate that the facility will meet the requirements of this subsection and as required by the jurisdictional health department.

     (5) Inert waste landfills - Ground water monitoring standards. There are no specific ground water monitoring requirements for inert waste landfills subject to this chapter; however, inert waste landfills must meet the requirements provided under WAC 173-350-040(5).

     (6) Inert waste landfills - Closure requirements. The owner or operator of an inert waste landfill shall:

     (a) Notify the jurisdictional health department sixty days in advance of closure of the facility;

     (b) Close the inert waste landfill unit by leveling the wastes to the extent practicable, or as appropriate for the proposed future use, and fill all voids which could pose a physical threat for persons, or which provide disease vector harborages. The inert waste landfills shall be closed in a manner to control fugitive dust and protect the waters of the state; and

     (c) Record maps and a statement of fact concerning the location of the disposal site as part of the deed with the county auditor not later than three months after closure.

     (7) Inert waste landfills - Financial assurance requirements. There are no specific financial assurance requirements for inert waste landfills subject to this chapter; however, inert waste landfills must meet the requirements provided under WAC 173-350-040(5).

     (8) Inert waste landfills - Permit application contents. The owner or operator shall obtain a solid waste permit from the jurisdictional health department. All applications for permits shall be submitted in accordance with the procedures established in WAC 173-350-710. In addition to the requirements of WAC 173-350-710 and 173-350-715, each application for a permit shall contain:

     (a) Engineering reports/plans and specifications that address the design standards of subsection (3) of this section;

     (b) A plan of operation that meets the requirements of subsection (4) of this section; and

     (c) Documentation that all owners of property located within one thousand feet of the facility property boundary have been notified that the proposed facility may impact their ability to construct water supply wells, in accordance with chapter 173-160 WAC, Minimum standards for construction and maintenance of wells.

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     (2) Other methods of solid waste handling - Requirements. Owners and operators of solid waste handling facilities subject to this section shall:

     (a) Comply with the requirements in WAC 173-350-040; and

     (b) Obtain a permit in accordance with the provisions of WAC 173-350-700 from the jurisdictional health department. Permit applications shall be submitted in accordance with the provisions of WAC 173-350-710 and shall include information required in WAC 173-350-715, and any other information as may be required by the jurisdictional health department.

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     (2) Ground water monitoring - Site characterization. A site proposed for solid waste activities shall be characterized for its geologic and hydrogeologic properties and suitability for constructing, operating, and monitoring a solid waste facility in accordance with all applicable requirements of this chapter. The site characterization report shall be submitted with the permit application and shall include at a minimum the following:

     (a) A summary of local and regional geology and hydrology, including:

     (i) Faults;

     (ii) Zones of joint concentrations;

     (iii) Unstable slopes and subsidence areas on-site;

     (iv) Areas of ground water recharge and discharge;

     (v) Stratigraphy; and

     (vi) Erosional and depositional environments and facies interpretation(s);

     (b) A site-specific borehole program including description of lithology, soil/bedrock types and properties, preferential ground water flow paths or zones of higher hydraulic conductivity, the presence of confining unit(s) and geologic features such as fault zones, cross-cutting structures, etc., and the target hydrostratigraphic unit(s) to be monitored. Requirements of the borehole program include:

     (i) Each boring will be of sufficient depth below the proposed grade of the bottom liner to identify soil, bedrock, and hydrostratigraphic unit(s);

     (ii) Boring samples shall be collected from five-foot intervals at a minimum and at changes in lithology. Samples shall be described using the unified soil classification system following ASTM D2487-85 and tested for the following:

     (A) Particle size distribution by sieve and hydrometer analyses in accordance with approved ASTM methods (D422 and D1120); and

     (B) Atterburg limits following approved ASTM method D4318;

     (iii) Each lithologic unit on-site will be analyzed for:

     (A) Moisture content sufficient to characterize the unit using ASTM method D2216; and

     (B) Hydraulic conductivity by an in situ field method or laboratory method. All samples collected for the determination of permeability shall be collected by standard ASTM procedures;

     (iv) All boring logs shall be submitted with the following information:

     (A) Soil and rock descriptions and classifications;

     (B) Method of sampling;

     (C) Sample depth, interval and recovery;

     (D) Date of boring;

     (E) Water level measurements;

     (F) Standard penetration number following approved ASTM method D1586-67;

     (G) Boring location; and

     (H) Soil test data;

     (v) All borings not converted to monitoring wells or piezometers shall be carefully backfilled, plugged, and recorded in accordance with WAC 173-160-420;

     (vi) During the borehole drilling program, any on-site drilling and lithologic unit identification shall be performed by a licensed professional in accordance with the requirements of chapter 18.220 RCW who is trained to sample and identify soils and bedrock lithology;

     (vii) An on-site horizontal and vertical reference datum shall be established during the site characterization. The standards for land boundary surveys and geodetic control surveys and guidelines for the preparation of land descriptions shall be used to establish borehole and monitoring well coordinates and casing elevations from the reference datum;

     (viii) Other methods, including geophysical techniques, may be used to supplement the borehole program to ensure that a sufficient hydrogeologic site characterization is accomplished;

     (c) A site-specific flow path analysis that includes:

     (i) The depths to ground water and hydrostratigraphic unit(s) including transmissive and confining units; and

     (ii) Potentiometric surface elevations and contour maps, direction and rate of horizontal and vertical ground water flow;

     (d) Identification of the quantity, location, and construction (where available) of private and public wells within a two thousand-foot radius, measured from the site boundaries;

     (e) Tabulation of all water rights for ground water and surface water within a two thousand-foot (610 m) radius, measured from site boundaries;

     (f) Identification and description of all surface waters within a one-mile (1.6 km) radius, measured from site boundaries;

     (g) A summary of all previously collected site ground water and surface water analytical data, and for expanded facilities, identification of impacts of the existing facility upon ground and surface waters from landfill leachate discharges to date;

     (h) Calculation of a site water balance;

     (i) Conceptual design of ground water and surface water monitoring systems, and where applicable a vadose monitoring system, including proposed construction and installation methods for these systems;

     (j) Description of land use in the area, including nearby residences;

     (k) A topographic map of the site and drainage patterns, including an outline of the waste management area, property boundary, the proposed location of ground water monitoring wells, and township and range designations; and

     (l) Geologic cross sections.

     (3) Ground water monitoring - System design.

     (a) The ground water monitoring system design and report shall be submitted with the permit application and shall meet the following criteria:

     (i) A sufficient number of monitoring wells shall be installed at appropriate locations and depths to yield representative ground water samples from those hydrostratigraphic units which have been identified in the site characterization as the earliest potential contaminant flowpaths;

     (ii) Represent the quality of ground water at the point of compliance, and include at a minimum:

     (A) A ground water flow path analysis which supports why the chosen hydrostratigraphic unit is capable of providing an early warning detection of any ground water contamination.

     (B) Documentation and calculations of all of the following information:

     (I) Hydrostratigraphic unit thickness including confining units and transmissive units;

     (II) Vertical and horizontal ground water flow directions including seasonal, man-made, or other short-term fluctuations in ground water flow;

     (III) Stratigraphy and lithology;

     (IV) Hydraulic conductivity; and

     (V) Porosity and effective porosity.

     (b) Upgradient monitoring wells (background wells) shall meet the following performance criteria:

     (i) Shall be installed in ground water that has not been affected by leakage from a landfill unit; or

     (ii) If hydrogeologic conditions do not allow for the determination of an upgradient monitoring well, then sampling at other monitoring wells which provide representative background ground water quality may be allowed.

     (c) Downgradient monitoring wells (compliance wells) shall meet the following performance criteria:

     (i) Represent the quality of ground water at the point of compliance;

     (ii) Be installed as close as practical to the point of compliance;

     (iii) When physical obstacles preclude installation of ground water monitoring wells at the relevant point of compliance at the landfill unit or solid waste facility, the downgradient monitoring system may be installed at the closest practical distance hydraulically downgradient from the relevant point of compliance that ensures detection of ground water contamination in the chosen hydrostratigraphic unit.

     (d) All monitoring wells shall be constructed in accordance with chapter 173-160 WAC, Minimum standards for construction and maintenance of wells, and chapter 173-162 WAC, Regulation and licensing of well contractors and operators.

     (e) The owner or operator shall notify the jurisdictional health department and the department of any proposed changes to the design, installation, development, and decommission of any monitoring wells, piezometers, and other measurement, sampling, and analytical devices. Proposed changes shall not be implemented prior to the jurisdictional health department's written approval. Upon completing changes, all documentation, including date of change, new monitoring well location maps, boring logs, and monitoring well diagrams, shall be submitted to the jurisdictional health department and shall be placed in the operating record.

     (f) All monitoring wells, piezometers, and other measurement, sampling, and analytical devices shall be operated and maintained so that they perform to design specifications throughout the life of the monitoring program.

     (4) Ground water monitoring - Sampling and analysis plan.

     (a) The ground water monitoring program shall include consistent sampling and analysis procedures that are designed to provide monitoring results that are representative of ground water quality at the upgradient and downgradient monitoring wells. In addition to monitoring wells, facilities with hydraulic gradient control and/or leak detection systems will provide representative ground water samples from those systems. The owner or operator shall submit a compliance sampling and analysis plan as part of the permit application. The plan shall include procedures and techniques for:

     (i) Sample collection and handling;

     (ii) Sample preservation and shipment;

     (iii) Analytical procedures;

     (iv) Chain-of-custody control;

     (v) Quality assurance and quality control;

     (vi) Decontamination of drilling and sampling equipment;

     (vii) Procedures to ensure employee health and safety during well installation and monitoring; and

     (viii) Well operation and maintenance procedures.

     (b) Facilities collecting leachate shall include leachate sampling and analysis as part of compliance monitoring.

     (c) The ground water monitoring program shall include sampling and analytical methods that are appropriate for ground water samples. The sampling and analytical methods shall provide sufficient sensitivity, precision, selectivity and limited bias such that changes in ground water quality can be detected and quantified. All samples shall be sent to an accredited laboratory for analyses in accordance with chapter 173-50 WAC, Accreditation of environmental laboratories.

     (d) Ground water elevations shall be measured in each monitoring well immediately prior to purging, each time ground water is sampled. The owner or operator shall determine the rate and direction of ground water flow each time ground water is sampled. All ground water elevations shall be determined by a method that ensures measurement to the one hundredth of a foot (3 mm) relative to the top of the well casing.

     (e) Ground water elevations in wells that monitor the same landfill unit shall be measured within a period of time short enough to avoid any ground water fluctuations which could preclude the accurate determination of ground water flow rate and direction.

     (f) The owner or operator shall establish background ground water quality in each upgradient and downgradient monitoring well. Background ground water quality shall be based upon a minimum of eight independent samples. Samples shall be collected for each monitoring well and shall be analyzed for parameters required in the permit for the first year of ground water monitoring. Each independent sampling event shall be no less than one month after the previous sampling event.

     (g) Ground water quality shall be determined at each monitoring well at least quarterly during the active life of the solid waste facility, including closure and the post-closure period. More frequent monitoring may be required to protect downgradient water supply wells. Ground water monitoring shall begin after background ground water quality has been established. The owner or operator may propose an alternate ground water monitoring frequency. Ground water monitoring frequency must be no less than semiannually. The owner or operator must apply for a permit modification or must apply during the renewal process for changes in ground water monitoring frequency making a demonstration based on the following information:

     (i) A characterization of the hydrostratigraphic unit(s) including the unsaturated zone, transmissive and confining units and include the following:

     (A) Hydraulic conductivity; and

     (B) Ground water flow rates;

     (ii) Minimum distance between upgradient edge of the solid waste handling unit and downgradient monitoring wells (minimum distance of travel); and

     (iii) Contaminant fate and transport characteristics.

     (h) All facilities shall test for the following parameters:

     (i) Field parameters:

     (A) pH;

     (B) Specific conductance;

     (C) Temperature;

     (D) Static water level;

     (ii) Geochemical indicator parameters:

     (A) Alkalinity (as Ca CO₃);

     (B) Bicarbonate (HCO₃);

     (C) Calcium (Ca);

     (D) Chloride (Cl);

     (E) Iron (Fe);

     (F) Magnesium (Mg);

     (G) Manganese (Mn);

     (H) Nitrate(NO₃);

     (I) Sodium (Na);

     (J) Sulfate (SO₄);

     (iii) Leachate indicators:

     (A) Ammonia (NH₃-N);

     (B) Total organic carbon (TOC);

     (C) Total dissolved solids (TDS).

     (i) Based upon the site specific waste profile and also the leachate characteristics for lined facilities, the owner or operator shall propose additional constituents to include in the monitoring program. The jurisdictional health department shall specify the additional constituents in the solid waste permit.

     (j) Testing shall be performed in accordance with "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," U.S. EPA Publication SW-846, or other testing methods approved by the jurisdictional health department.

     (k) Maximum contaminant levels (MCL) for ground water are those specified in chapter 173-200 WAC, Water quality standards for ground waters of the state of Washington.

     (5) Ground water monitoring - Data analysis, notification and reporting.

     (a) The results of monitoring well sample analyses as required by subsection (4)(h) and (i) of this section shall be evaluated using an appropriate statistical procedure(s), as approved by the jurisdictional health department during the permitting process, to determine if a significant increase over background has occurred. The statistical procedure(s) used shall be proposed in the sampling and analysis plan and be designed specifically for the intended site, or prescriptive statistical procedures from appropriate state and federal guidance may be used.

     (b) If statistical analyses determine a significant increase over background:

     (i) The owner or operator shall:

     (A) Notify the jurisdictional health department and the department of this finding within thirty days of receipt of the sampling data. The notification shall indicate what parameters or constituents have shown statistically significant increases;

     (B) Immediately resample the ground water in the monitoring well(s) where the statistically significant increase has occurred;

     (C) Establish a ground water protection standard using the ground water quality criteria of chapter 173-200 WAC, Water quality standards for ground waters of the state of Washington. Constituents for which the background concentration level is higher than the protection standard, the owner or operator shall use background concentration for constituents established in the facility's monitoring record.

     (ii) The owner or operator may demonstrate that a source other than a landfill unit or solid waste facility caused the contamination, or the statistically significant increase resulted from error in sampling, analyses, statistical evaluation, or natural variation in ground water quality. If such a demonstration cannot be made and the concentrations or levels of the constituents:

     (A) Meet the criteria established by chapter 173-200 WAC, Water quality standards for ground waters of the state of Washington, the owner or operator shall:

     (I) Assess and evaluate sources of contamination; and

     (II) Implement remedial measures in consultation with the jurisdictional health department and the department.

     (B) Exceed the criteria established by chapter 173-200 WAC, Water quality standards for ground waters of the state of Washington, the owner or operator shall:

     (I) Characterize the chemical composition of the release and the contaminant fate and transport characteristics by installing additional monitoring wells;

     (II) Assess and, if necessary, implement appropriate intermediate measures to remedy the release. The measures shall be approved by the jurisdictional health department and the department; and

     (III) Evaluate, select, and implement remedial measures as required by chapter 173-340 WAC, the Model Toxics Control Act cleanup regulation, where applicable. The roles of the jurisdictional health department and the department in remedial action are further defined by WAC 173-350-900.

     (c) The owner or operator shall submit a copy of an annual report to the jurisdictional health department and the department by April 1st of each year. The jurisdictional health department may require more frequent reporting based on the results of ground water monitoring. The annual report shall summarize and interpret the following information:

     (i) All ground water monitoring data, including laboratory and field data for the sampling periods;

     (ii) Statistical results and/or any statistical trends including any findings of any statistical increases for the year and time/concentration series plots;

     (iii) A summary of concentrations above the maximum contaminant levels of chapter 173-200 WAC;

     (iv) Static water level readings for each monitoring well for each sampling event;

     (v) Potentiometric surface elevation maps depicting ground water flow rate and direction for each sampling event, noting any trends or changes during the year;

     (vi) Geochemical evaluation including cation-anion balancing and trilinear and/or stiff diagraming for each sampling event noting any changes or trends in water chemistry for each well during the year; and

     (vii) Leachate analyses where appropriate for each sampling event.

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     (a) Waste tires storage facilities regulated under WAC 173-350-350;

     (b) Moderate risk waste facilities regulated under WAC 173-350-360; and

     (c) Limited purpose landfills regulated under WAC 173-350-400.

     (2) Financial assurance requirements - Definitions. For the purposes of this section, the following definitions apply:

     (a) Public facility means a publicly or privately owned facility that accepts solid waste generated by other persons.

     (b) Private facility means a privately owned facility that accepts or disposes of only its own generated solid waste.

     (3) Financial assurance requirements - Instrument options. Financial assurance options are available, based on facility type as defined in WAC 173-350-600(2), ownership and permittee. Contents of all instruments must be acceptable to the jurisdictional health department. The following instrument options exist:

     (a) Reserve accounts that are managed as either:

     (i) Cash and investments accumulated and restricted for activities identified in the closure or post-closure plans, with the equivalent amount of fund balance reserved in the fund; or

     (ii) Cash and investments held in a nonexpendable trust fund.

     (b) Trust funds to receive, manage and disburse funds for activities identified in the approved closure and post-closure plans. Trust funds shall be established with an entity that has authority to act as a trustee and whose trust operations are regulated and examined by a federal or state agency.

     (c) Surety bond(s) issued by a surety company listed as acceptable in Circular 570 of the United States Treasury Department. A standby trust fund for closure or post-closure shall also be established by the owner or operator to receive any funds that may be paid by the operator or surety company. The surety shall become liable for the bond obligation if the owner or operator fails to perform as guaranteed by the bond. The surety may not cancel the bond until at least one hundred twenty days after the owner or operator, the jurisdictional health department and the department have received notice of cancellation. If the owner or operator has not provided alternate financial assurance acceptable under this section within ninety days of the cancellation notice, the surety shall pay the amount of the bond into the standby closure or post-closure trust account. The following types of surety bonds are options:

     (i) Surety bond; or

     (ii) Surety bond guaranteeing that the owner or operator will perform final closure or post-closure activities.

     (d) Irrevocable letter of credit issued by an entity which has the authority to issue letters of credit and whose letter of credit operations are regulated and examined by a federal or state agency. Standby trust funds for closure and post-closure shall also be established by the owner or operator to receive any funds deposited by the issuing institution resulting from a draw on the letter of credit. The letter of credit shall be irrevocable and issued for a period of at least one year, and renewed annually, unless the issuing institution notifies the owner or operator, the jurisdictional health department and the department at least one hundred twenty days before the current expiration date. If the owner or operator fails to perform activities according to the closure or post-closure plan and permit requirements, or if the owner or operator fails to provide alternate financial assurance acceptable to the jurisdictional health department within ninety days after notification that the letter of credit will not be extended, the jurisdictional health department may require that the financial institution provide the funds from the letter of credit to the jurisdictional health department to be used to complete the required closure and post-closure activities;

     (e) Insurance policies issued by an insurer who is licensed to transact the business of insurance or is eligible as an excess or surplus line insurer in one or more states, the content of which:

     (i) Guarantees that the funds will be available to complete those activities identified in the approved closure or post-closure plans;

     (ii) Guarantees that the insurer will be responsible for paying out funds for those activities;

     (iii) Provides that the insurance is automatically renewable and that the insurer may not cancel, terminate, or fail to renew the policy except for failure to pay the premium;

     (iv) Provides that if there is a failure to pay the premium, the insurer may not terminate the policy until at least one hundred twenty days after the notice of cancellation has been received by the owner or operator, the jurisdictional health department and the department;

     (v) Provides that termination of the policy may not occur and the policy shall remain in full force and effect if:

     (A) The jurisdictional health department determines the facility has been abandoned;

     (B) Closure has been ordered by the jurisdictional health department or a court of competent jurisdiction;

     (C) The owner or operator has been named as debtor in a voluntary or involuntary proceeding under Title 11 U.S.C., Bankruptcy; or

     (D) The premium due is paid;

     (vi) The owner or operator is required to maintain the policy in full force and until an alternative financial assurance guarantee is provided or when the jurisdictional health department has verified that closure, and/or post-closure, as appropriate, have been completed in accordance with the approved closure or post-closure plan;

     (vii) For purposes of this rule, "captive" insurance companies as defined in WAC 173-350-100, are not an acceptable insurance company.

     (f) Financial Test/corporate guarantee allows for a private corporation meeting the financial test to provide a corporate guarantee those activities identified in the closure and post-closure plans will be completed.

     (i) To qualify, a private corporation owner or operator shall meet the criteria of either option A or B:

     (A) Option A - to pass the financial test under this option the private corporation shall have:

     (I) Two of the following three ratios: A ratio of total liabilities to net worth less than 2.0; a ratio of the sum of net income plus depreciation, depletion, and amortization to total liabilities greater than 0.1; or a ratio of current assets to current liabilities greater than 1.5;

     (II) Net working capital and tangible net worth each at least six times the sum of the current closure and post-closure cost estimates;

     (III) Tangible net worth of at least ten million dollars; and

     (IV) Assets in the United States amounting to at least ninety percent of its total assets or at least six times the sum of the current closure and post-closure cost estimates.

     (B) Option B - to pass this alternative financial test, the private corporation shall have:

     (I) A current rating of AAA, AA, A, or BBB as issued by Standard and Poor's or Aaa, Aa, A, or Baa as issued by Moody's;

     (II) Tangible net worth at least six times the sum of the current closure and post-closure cost estimates;

     (III) Tangible net worth of at least ten million dollars; and

     (IV) Assets in the United States amounting to at least ninety percent of its total assets or at least six times the sum of the current closure and post-closure cost estimates.

     (ii) The owner or operator's chief financial officer shall provide a corporate guarantee that the corporation passes the financial test at the time the closure plan is filed. This corporate guarantee shall be reconfirmed annually ninety days after the end of the corporation's fiscal year by submitting to the jurisdictional health department a letter signed by the chief financial officer that:

     (A) Provides the information necessary to document that the owner or operator passes the financial test;

     (B) Guarantees that the funds to finance closure and post-closure activities according to the closure or post-closure plan and permit requirements are available;

     (C) Guarantees that closure and post-closure activities will be completed according to the closure or post-closure plan and permit requirements;

     (D) Guarantees that within thirty days if written notification is received from the jurisdictional health department that the owner or operator no longer meets the criteria of the financial test, the owner or operator shall provide an alternative form of financial assurance consistent with the requirements of this section;

     (E) Guarantees that the owner or operator's chief financial officer will notify in writing the jurisdictional health department and the department within fifteen days any time that the owner or operator no longer meets the criteria of the financial test or is named as debtor in a voluntary or involuntary proceeding under Title 11 U.S.C., Bankruptcy;

     (F) Acknowledges that the corporate guarantee is a binding obligation on the corporation and that the chief financial officer has the authority to bind the corporation to the guarantee;

     (G) Attaches a copy of the independent certified public accountant's report on examination of the owner or operator's financial statements for the latest completed fiscal year; and

     (H) Attaches a special report from the owner or operator's independent certified public accountant (CPA) stating that the CPA has reviewed the information in the letter from the owner or operator's chief financial officer and has determined that the information is true and accurate.

     (iii) The jurisdictional health department may, based on a reasonable belief that the owner or operator no longer meets the criteria of the financial test, require reports of the financial condition at any time in addition to the annual report. The jurisdictional health department will specify the information required in the report. If the jurisdictional health department finds, on the basis of such reports or other information, that the owner or operator no longer meets the criteria of the financial test, the owner or operator shall provide an alternative form of financial assurance consistent with the requirements of this section, within thirty days after notification by the jurisdictional health department.

     (iv) If the owner or operator fails to perform final closure and, where required, provide post-closure care of a facility covered by the guarantee in accordance with the approved closure and post-closure plans, the guarantor will be required to complete the appropriate activities.

     (v) The guarantee will remain in force unless the guarantor sends notice of cancellation by certified mail to the owner or operator, the jurisdictional health department and the department. Cancellation may not occur, however, during the one hundred twenty days beginning on the date of receipt of the notice of cancellation by the owner or operator, the jurisdictional health department and the department.

     (vi) If the owner or operator fails to provide alternate financial assurance as specified in this section and obtain the written approval of such alternate assurance from the jurisdictional health department within ninety days after receipt of a notice of cancellation of the guarantee from the guarantor, the guarantor will provide such alternative financial assurance in the name of the owner or operator.

     (4) Financial assurance requirements - Eligible financial assurance instruments. The financial assurance instruments identified in subsection (3) of this section are available for use based on facility category and whether the permittee is a public or private entity as follows:

     (a) For a public facility, as defined in subsection (2) of this section, when the permittee is a public entity, the following options are available:

     (i) Reserve account;

     (ii) Trust account;

     (iii) Surety bond (payment or performance); or

     (iv) Insurance;

     (b) For a public facility as defined in subsection (2) of this section, where the permittee is a private entity, the following options are available:

     (i) Trust account;

     (ii) Surety bond (payment or performance);

     (iii) Letter of credit; or

     (iv) Insurance;

     (c) For private facilities as defined in subsection (2) of this section, the following options are available:

     (i) Trust account;

     (ii) Surety bond (payment or performance);

     (iii) Letter of credit;

     (iv) Insurance; or

     (v) Financial test/corporate guarantee.

     (5) Financial assurance requirements - Cost estimate for closure. The owner or operator shall:

     (a) Prepare a written closure cost estimate as part of the facility closure plan. The closure cost estimate shall:

     (i) Be in current dollars and represent the cost of closing the facility;

     (ii) Provide a detailed written estimate, in current dollars, of the cost of hiring a third party to close the facility at any time during the active life when the extent and manner of its operation would make closure the most expensive in accordance with the approved closure plan;

     (iii) Project intervals for withdrawal of closure funds from the closure financial assurance instrument to complete the activities identified in the approved closure plan;

     (iv) Not reduce by allowance for salvage value of equipment, solid waste, or the resale value of property or land;

     (b) Prepare a new closure cost estimate in accordance with (a) of this subsection whenever:

     (i) Changes in operating plans or facility design affect the closure plan; or

     (ii) There is a change in the expected year of closure that affects the closure plan;

     (c) Review the closure cost estimate by March 1st of each calendar year. The review shall be submitted to the jurisdictional health department, with a copy to the department, by April 1st of each calendar year stating that the review was completed and the findings of the review. The review will examine all factors, including inflation, involved in estimating the closure cost. Any cost changes shall be factored into a revised closure cost estimate and submit the revised cost estimate to the jurisdictional health department for review and approval. The jurisdictional health department shall evaluate each cost estimate for completeness, and may accept, or require a revision of the cost estimate in accordance with its evaluation.

     (6) Financial assurance requirements - Cost estimate for post-closure. The owner or operator shall:

     (a) Prepare a written post-closure cost estimate as part of the facility post-closure plan. The post-closure cost estimate shall:

     (i) Be in current dollars and represent the total cost of completing post-closure activities for the facility for a twenty-year post-closure period or a time frame determined by the jurisdictional health department;

     (ii) Provide a detailed written estimate, in current dollars, of the cost of hiring a third party to conduct post-closure care for the facility in compliance with the post-closure plan;

     (iii) Project intervals for withdrawal of post-closure funds from the post-closure financial assurance instrument to complete the activities identified in the approved post-closure plan; and

     (iv) Not reduce by allowance for salvage, value of equipment, or resale value of property or land.

     (b) Prepare a new post-closure cost estimate for the remainder of the post-closure care period in accordance with (a) of this subsection, whenever a change in the post-closure plan increases or decreases the cost of post-closure care.

     (c) During the operating life of the facility, the owner or operator must review the post-closure cost estimate by March 1st of each calendar year. The review will be submitted to the jurisdictional health department, with a copy to the department by April 1st of each calendar year stating that the review was completed and the finding of the review. The review shall examine all factors, including inflation, involved in estimating the post-closure cost estimate. Any changes in costs shall be factored into a revised post-closure cost estimate. The new estimate shall be submitted to the jurisdictional health department for approval. The jurisdictional health department shall evaluate each cost estimate for completeness, and may accept, or require a revision of the cost estimate in accordance with its evaluation.

     (7) Financial assurance requirements - Closure/post-closure financial assurance account establishment and reporting.

     (a) Closure and post-closure financial assurance funds generated shall be provided to the selected financial assurance instrument at the schedule specified in the closure and post-closure plans, such that adequate closure and post-closure funds will be generated to ensure full implementation of the approved closure and post-closure plans.

     (b) The facility owner or operator with systematic deposits shall establish a procedure with the financial assurance instruments trustee for notification of nonpayment of funds to be sent to the jurisdictional health department and the department.

     (c) The owner or operator shall file with the jurisdictional health department, no later than April 1st of each year, an annual audit of the financial assurance accounts established for closure and post-closure activities, and a statement of the percentage of user fees, as applicable, diverted to the financial assurance instruments, for the previous calendar year:

     (i) For facilities owned and operated by municipal corporations, the financial assurance accounts shall be audited according to the audit schedule of the office of state auditor. A certification of audit completion and summary findings shall be filed with the jurisdictional health department and the department, including during each of the post-closure care years.

     (ii) For facilities not owned or operated by municipal corporations:

     (A) Annual audits shall be conducted by a certified public accountant licensed in the state of Washington. A certification of audit completion and summary findings shall be filed with the jurisdictional health department and the department, including during each of the post-closure care years.

     (B) The audit shall also include, as applicable, calculations demonstrating the proportion of closure or post-closure, completed during the preceding year as specified in the closure and post-closure plans.

     (d) Established financial assurance accounts shall not constitute an asset of the facility owner or operator.

     (e) Any income accruing to the established financial assurance account(s) will be used at the owner's discretion upon approval of the jurisdictional health department.

     (8) Financial assurance requirements - Fund withdrawal for closure and post-closure activities.

     (a) The owner or operator will withdraw funds from the closure and/or post-closure financial assurance instrument as specified in the approved closure/post-closure plans;

     (b) If the withdrawal of funds from the financial assurance instrument exceeds by more than five percent the withdrawal schedule stated in the approved closure and/or post-closure plan over the life of the permit, the closure and/or post-closure plan shall be amended.

     (c) After verification by the jurisdictional health department of facility closure, excess funds remaining for closure in a financial assurance account shall be released to the facility owner or operator.

     (d) After verification by the jurisdictional health department of facility post-closure, excess funds remaining for post-closure in a financial assurance account shall be released to the facility owner or operator.

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     (a) No solid waste storage, treatment, processing, handling or disposal site shall be maintained, established, substantially altered, expanded or improved until the person operating or owning such site has obtained a permit or permit deferral from the jurisdictional health department or a beneficial use exemption from the department pursuant to the provisions of this chapter. Facilities operating under categorical exemptions established by this chapter shall meet all the conditions of such exemptions or will be required to obtain a permit under this chapter.

     (b) Permits issued under this chapter are not required for remedial actions performed by the state and/or in conjunction with the United States Environmental Protection Agency to implement the Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA), or remedial actions taken by others to comply with a state and/or federal cleanup order or consent decree provided that:

     (i) The action results in an overall improvement of the environmental impact of the site;

     (ii) The action does not require or result in additional waste being delivered to the site or increase the amount of waste or contamination present at the site; and

     (iii) The jurisdictional health department is informed of the actions to be taken and is given the opportunity to review and comment upon the proposed remedial action plans.

     (c) Any jurisdictional health department and the department may enter into an agreement providing for the exercise by the department of any power that is specified in the contract and that is granted to the jurisdictional health department under chapter 70.95 RCW, Solid waste management -- Reduction and recycling. However, the jurisdictional health department shall have the approval of the legislative authority or authorities it serves before entering into any such agreement with the department.

     (2) Local ordinances. Each jurisdictional health department shall adopt local ordinances implementing this chapter not later than one year after the effective date of this chapter, and shall file the ordinances with the department within ninety days following local adoption. Local ordinances shall not be less stringent than this chapter, but may include additional requirements.

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     (a) Any owner or operator required to obtain a permit shall apply for a permit from the jurisdictional health department. All permit application filings shall include two copies of the application. An application shall not be considered complete by the jurisdictional health department until the information required under WAC 173-350-715 has been submitted.

     (b) The jurisdictional health department may establish reasonable fees for permits, permit modifications, and renewal of permits. All permit fees collected by the health department shall be deposited in the account from which the health department's operating expenses are paid.

     (c) Once the jurisdictional health department determines that an application for a permit is complete, it shall:

     (i) Refer one copy to the appropriate regional office of the department for review and comment;

     (ii) Investigate every application to determine whether the facilities meet all applicable laws and regulations, conform to the approved comprehensive solid waste management plan and/or the approved hazardous waste management plan, and comply with all zoning requirements; and

     (d) Once the department has received a complete application for review, it shall:

     (i) Ensure that the proposed site or facility conforms with all applicable laws and regulations including the minimum functional standards for solid waste handling;

     (ii) Ensure that the proposed site or facility conforms to the approved comprehensive solid waste management plan and/or the approved hazardous waste management plan; and

     (iii) Recommend for or against the issuance of each permit by the jurisdictional health department within forty-five days of receipt of a complete application.

     (e) Application procedures for statewide beneficial use exemptions and permit deferrals are contained in WAC 173-350-200 and 173-350-710(8), respectively.

     (2) Permit issuance.

     (a) When the jurisdictional health department has evaluated all pertinent information, it may issue or deny a permit. Every completed solid waste permit application shall be approved or disapproved within ninety days after its receipt by the jurisdictional health department. Every permit issued by a jurisdictional health department shall contain specific requirements necessary for the proper operation of the permitted site or facility.

     (b) Every permit issued shall be valid for a period not to exceed five years at the discretion of the jurisdictional health department.

     (c) Jurisdictional health departments shall file all issued permits with the appropriate regional office of the department no more than seven days after the date of issuance.

     (d) The department shall review the permit in accordance with RCW 70.95.185 and report its findings to the jurisdictional health department in writing within thirty days of permit issuance.

     (e) The jurisdictional health department is authorized to issue one permit for a location where multiple solid waste handling activities occur, provided all activities meet the applicable requirements of this chapter.

     (3) Permit renewals.

     (a) Prior to renewing a permit, the health department shall conduct a review as it deems necessary to ensure that the solid waste handling facility or facilities located on the site continue to:

     (i) Meet minimum functional standards of the department;

     (ii) Comply with applicable local regulations; and

     (iii) Conform to the approved solid waste management plan and/or the approved hazardous waste management plan.

     (b) A jurisdictional health department shall approve or deny a permit renewal within forty-five days of conducting its review.

     (c) Every permit renewal shall be valid for a period not to exceed five years at the discretion of the jurisdictional health department.

     (d) The department shall review the renewal in accordance with RCW 70.95.190 and report its findings to the jurisdictional health department in writing.

     (e) The jurisdictional board of health may establish reasonable fees for permits reviewed under this section. All permit fees collected by the health department shall be deposited in the treasury and to the account from which the health department's operating expenses are paid.

     (4) Permit modifications. Any significant change to the operation, design, capacity, performance or monitoring of a permitted facility may require a modification to the permit. The following procedures shall be followed by an owner or operator prior to making any change in facility operation, design, performance or monitoring:

     (a) The facility owner or operator shall consult with the jurisdictional health department regarding the need for a permit modification;

     (b) The jurisdictional health department shall determine whether the proposed modification is significant. Upon such a determination, the owner or operator shall make application for a permit modification, using the process outlined in subsections (1) through (3) of this section; and

     (c) If a proposed change is determined to not be significant and not require a modification to the permit, the department shall be notified.

     (5) Inspections.

     (a) At a minimum, annual inspections of all permitted solid waste facilities shall be performed by the jurisdictional health department, unless otherwise specified in this chapter.

     (b) All facilities and sites shall be physically inspected prior to issuing a permit, permit renewal or permit modification.

     (c) Any duly authorized representative of the jurisdictional health department may enter and inspect any property, premises or place at any reasonable time for the purpose of determining compliance with this chapter, and relevant laws and regulations. Findings shall be noted and kept on file. A copy of the inspection report or annual summary shall be furnished to the site operator.

     (6) Permit suspension and appeals.

     (a) Any permit for a solid waste handling facility shall be subject to suspension at any time the jurisdictional health department determines that the site or the solid waste handling facility is being operated in violation of this chapter.

     (b) Whenever the jurisdictional health department denies a permit or suspends a permit for a solid waste handling facility, it shall:

     (i) Upon request of the applicant or holder of the permit, grant a hearing on such denial or suspension within thirty days after the request;

     (ii) Provide notice of the hearing to all interested parties including the county or city having jurisdiction over the site and the department; and

     (iii) Within thirty days after the hearing, notify the applicant or the holder of the permit in writing of the determination and the reasons therefore. Any party aggrieved by such determination may appeal to the pollution control hearings board by filing with the board a notice of appeal within thirty days after receipt of notice of the determination of the health officer.

     (c) If the jurisdictional health department denies a permit renewal or suspends a permit for an operating waste recycling facility that receives waste from more than one city or county, and the applicant or holder of the permit requests a hearing or files an appeal under this section, the permit denial or suspension shall not be effective until the completion of the appeal process under this section, unless the jurisdictional health department declares that continued operation of the waste recycling facility poses a very probable threat to human health and the environment.

     (d) Procedures for appealing beneficial use exemption determinations are contained in WAC 173-350-200 (5)(g).

     (7) Variances.

     (a) Any person who owns or operates a solid waste handling facility subject to a solid waste permit under WAC 173-350-700, may apply to the jurisdictional health department for a variance from any section of this chapter. No variance shall be granted for requirements specific to chapter 70.95 RCW, Solid waste management -- Reduction and recycling. The application shall be accompanied by such information as the jurisdictional health department may require. The jurisdictional health department may grant such variance, but only after due notice or a public hearing if requested, if it finds that:

     (i) The solid waste handling practices or location do not endanger public health, safety or the environment; and

     (ii) Compliance with the section from which variance is sought would produce hardship without equal or greater benefits to the public.

     (b) No variance shall be granted pursuant to this section until the jurisdictional health department has considered the relative interests of the applicant, other owners of property likely to be affected by the handling practices and the general public.

     (c) Any variance or renewal shall be granted within the requirements of subsections (1) through (3) of this section and for time period and conditions consistent with the reasons therefore, and within the following limitations:

     (i) If the variance is granted on the grounds that there is no practicable means known or available for the adequate prevention, abatement, or control of pollution involved, it shall be only until the necessary means for prevention, abatement or control become known and available and subject to the taking of any substitute or alternative measures that the jurisdictional health department may prescribe;

     (ii) The jurisdictional health department may grant a variance conditioned by a timetable if:

     (A) Compliance with this chapter will require spreading of costs over a considerable time period; and

     (B) The timetable is for a period that is needed to comply with the chapter.

     (d) An application for a variance, or for the renewal thereof, submitted to the jurisdictional health department shall be approved or disapproved by the jurisdictional health department within ninety days of receipt unless the applicant and the jurisdictional health department agree to a continuance.

     (e) No variance shall be granted by a jurisdictional health department except with the approval and written concurrence of the department prior to action on the variance by the jurisdictional health department.

     (8) Permit deferral.

     (a) A jurisdictional health department may, at its discretion and with the concurrence of the department, waive the requirement that a solid waste permit be issued for a facility under this chapter by deferring to other air, water or environmental permits issued for the facility which provide an equivalent or superior level of environmental protection.

     (b) The requirement to obtain a solid waste permit from the jurisdictional health department shall not be waived for any transfer station, landfill, or incinerator that receives municipal solid waste destined for final disposal.

     (c) Any deferral of permitting or regulation of a solid waste facility granted by the department or a jurisdictional health department prior to June 11, 1998, shall remain valid and shall not be affected by this subsection.

     (d) Any person who owns or operates an applicable solid waste handling facility subject to obtaining a solid waste permit may apply to the jurisdictional health department for permit deferral. Two copies of an application for permit deferral shall be signed by the owner or operator and submitted to the jurisdictional health department. Each application for permit deferral shall include:

     (i) A description of the solid waste handling units for which the facility is requesting deferral;

     (ii) A list of the other environmental permits issued for the facility;

     (iii) A demonstration that identifies each requirement of this chapter and a detailed description of how the other environmental permits will provide an equivalent or superior level of environmental protection;

     (iv) Evidence that the facility is in conformance with the approved comprehensive solid waste management plan and/or the approved hazardous waste management plan;

     (v) Evidence of compliance with chapter 197-11 WAC, SEPA rules; and

     (vi) Other information that the jurisdictional health department or the department may require.

     (e) The jurisdictional health department shall notify the applicant if it elects not to waive the requirement that a solid waste permit be issued for a facility under this chapter. If the jurisdictional health department elects to proceed with permit deferral, it shall:

     (i) Forward one copy of the complete application to the department for review;

     (ii) Notify the permit issuing authority for the other environmental permits described in (d)(ii) of this subsection and allow an opportunity for comment; and

     (iii) Determine if the proposed permit deferral provides an equivalent or superior level of environmental protection.

     (f) The department shall provide a written report of its findings to the jurisdictional health department and recommend for or against the permit deferral. The department shall provide its findings within forty-five days of receipt of a complete permit deferral application or inform the jurisdictional health department as to the status with a schedule for its determination.

     (g) No solid waste permit deferral shall be effective unless the department has provided written concurrence. All requirements for solid waste permitting shall remain in effect until the department has provided written concurrence.

     (h) When the jurisdictional health department has evaluated all information, it shall provide written notification to the applicant and the department whether or not it elects to waive the requirement that a solid waste permit be issued for a facility under this chapter by deferring to other environmental permits issued for the facility. Every complete permit deferral application shall be approved or denied within ninety days after its receipt by the jurisdictional health department or the owner or operator shall be informed as to the status of the application with a schedule for final determination.

     (i) The jurisdictional health department shall revoke any permit deferral if it or the department determines that the other environmental permits are providing a lower level of environmental protection than a solid waste permit. Jurisdictional health departments shall notify the facility's owner or operator of intent to revoke the permit deferral and direct the owner or operator to take measures necessary to protect human health and the environment and to comply with the permit requirements of this chapter.

     (j) Facilities which are operating under the deferral of solid waste permitting to other environmental permits shall:

     (i) Allow the jurisdictional health department, at any reasonable time, to inspect the solid waste handling units which have been granted a permit deferral;

     (ii) Notify the jurisdictional health department and the department whenever changes are made to the other environmental permits identified in (d)(ii) of this subsection. This notification shall include a detailed description of how the changes will affect the facility's operation and a demonstration, as described in (d)(iii) of this subsection, that the amended permits continue to provide an equivalent or superior level of environmental protection to the deferred solid waste permits. If the amended permits no longer provide an equivalent or superior level of environmental protection, the facility owner or operator shall close the solid waste handling unit or apply for a permit from the jurisdictional health department;

     (iii) Notify the jurisdictional health department and the department within seven days of discovery of any violation of, or failure to comply with, the conditions of the other environmental permits identified in (d)(ii) of this subsection;

     (iv) Prepare and submit a copy of an annual report to the jurisdictional health department and the department by April 1st as required under the appropriate annual reporting section of this chapter;

     (v) Operate in accordance with any other written conditions that the jurisdictional health department deems appropriate; and

     (vi) Shall take any measures deemed necessary by the jurisdictional health department when the permit deferral has been revoked.

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     (a) Contact information for the facility owner, and the facility operator and property owner if different, including contact name, company name, mailing address, phone fax, and e-mail;

     (b) Identification of the type of facility that is to be permitted;

     (c) Identification of any other permit (local, state or federal) in effect at the site;

     (d) A vicinity plan or map (having a minimum scale of 1:24,000) that shall show the area within one mile (1.6 km) of the property boundaries of the facility in terms of the existing and proposed zoning and land uses within that area, residences, and access roads, and other existing and proposed man-made or natural features that may impact the operation of the facility;

     (e) Evidence of compliance with chapter 197-11 WAC, SEPA rules;

     (f) Information as required under the appropriate facility permit application subsection of this chapter; and

     (g) Any additional information as requested by the jurisdictional health department or the department.

     (2) Engineering plans, reports, specifications, programs, and manuals submitted to the jurisdictional health department or the department shall be prepared and certified by an individual licensed to practice engineering in the state of Washington, in an engineering discipline appropriate for the solid waste facility type or activity.

     (3) Signature and verification of applicants:

     (a) All applications for permits shall be accompanied by evidence of authority to sign the application and shall be signed by the owner or operator as follows:

     (i) In the case of corporations, by a duly authorized principal executive officer of at least the level of vice-president; in the case of a partnership or limited partnership, by:

     (A) A general partner;

     (B) Proprietor; or

     (C) In case of sole proprietorship, by the proprietor;

     (ii) In the case of a municipal, state, or other government entity, by a duly authorized principal executive officer or elected official.

     (b) Applications shall be signed or attested to by, or on behalf of, the owner or operator, in respect to the veracity of all statements therein; or shall bear an executed statement by, or on behalf of, the owner or operator to the effect that false statements made therein are made under penalty of perjury.

     (c) The signature of the applicant shall be notarized on the permit application form.

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     (1) The jurisdictional health department:

     (a) May participate in all negotiations, meetings, and correspondence between the owner and operator and the department in implementing the model toxics control action;

     (b) May comment upon and participate in all decisions made by the department in assessing, choosing, and implementing a remedial action program;

     (c) Shall require the owner or operator to continue closure and post-closure activities as appropriate under this chapter, after remedial action measures are completed; and

     (d) Shall continue to regulate all solid waste facilities during construction, operation, closure and post-closure, that are not directly impacted by chapter 173-340 WAC.

     (2) The department shall carry out all the responsibilities assigned to it by chapter 70.105D RCW, Hazardous waste cleanup -- Model Toxics Control Act.

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     (a) Apply knowledge of the waste in light of the materials or process used and potential chemical, physical, biological, or radiological substances that may be present; or

     (b) Test the waste for those potential substances that may exceed the applicable criteria. A jurisdictional health department may require a person to test a waste to determine if it meets the applicable criteria. Such testing may be required if the jurisdictional health department has reason to believe that a waste does not meet the applicable criteria or has not been adequately characterized. Testing shall be performed in accordance with:

     (i) "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," U.S. EPA Publication SW-846; or

     (ii) Other testing methods approved by the jurisdictional health department.

     (2) Criteria for inert waste - Listed inert wastes. For the purpose of this chapter, the following solid wastes are inert wastes, provided that the waste has not been tainted, through exposure from chemical, physical, biological, or radiological substances, such that it presents a threat to human health or the environment greater than that inherent to the material:

     (a) Cured concrete that has been used for structural and construction purposes, including imbedded steel reinforcing, that was produced from mixtures of Portland cement and sand, gravel or other similar materials;

     (b) Asphaltic materials that have been used for structural and construction purposes (e.g., roads, dikes, paving) that were produced from mixtures of petroleum asphalt and sand, gravel or other similar materials. Waste roofing materials are not presumed to be inert;

     (c) Brick and masonry that have been used for structural and construction purposes;

     (d) Ceramic materials produced from fired clay or porcelain; and

     (e) Glass, composed primarily of sodium, calcium, silica, boric oxide, magnesium oxide, lithium oxide or aluminum oxide. Glass presumed to be inert includes, but is not limited to, window glass, glass containers, glass fiber, glasses resistant to thermal shock, and glass-ceramics. Glass containing significant concentrations of lead, mercury, or other toxic substance is not presumed to be inert.

     (3) Criteria for inert waste - Inert waste characteristics. This subsection provides the criteria for determining if a solid waste not listed in subsection (2) of this section is an inert waste.

     (a) Inert waste shall have physical characteristics that meet the following criteria. Inert waste shall:

     (i) Not be capable of catching fire and burning from contact with flames;

     (ii) Maintain its physical and chemical structure under expected conditions of storage or disposal including resistance to biological and chemical degradation; and

     (iii) Have sufficient structural integrity and strength to prevent settling and unstable situations under expected conditions of storage or disposal.

     (b) Inert waste shall not contain chemical, physical, biological, or radiological substances at concentrations that exceed the following criteria. Inert waste shall not:

     (i) Be capable of producing leachate or emissions that have the potential to negatively impact soil, ground water, surface water, or air quality;

     (ii) Pose a health threat to humans or other living organisms through direct or indirect exposure; or

     (iii) Result in applicable air quality standards to be exceeded, or pose a risk to human health or the environment under potential conditions during handling, storage, or disposal.

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