Wash. Admin. Code § 173-303-071 Excluded Categories of Waste

• Library: Washington Administrative Code
• Edition: 2023 Edition
• Currency: Current through Register Vol. 23-21, November 1, 2023
• Citation: Wash. Admin. Code § 173-303-071
• Year: 2023

(1) Purpose. Certain categories of waste have been excluded from many of the requirements of chapter 173-303 WAC because they generally are not dangerous waste, are regulated under other state and federal programs, or are recycled in ways which do not threaten public health or the environment.

WAC 173-303-071 describes these excluded categories of waste.

(2) Excluding wastes. Any persons who generate a common class of wastes and who seek to categorically exclude such class of wastes from the requirements of this chapter must comply with the applicable requirements of WAC 173Procedures and bases for exempting and excluding wastes173-303-072. No waste class will be excluded if any of the wastes in the class are regulated as hazardous waste under 40 C.F.R. Part 261.

(3) Exclusions. The following categories of waste are excluded from the requirements of chapter 173-303 WAC, except for WAC 173Department of ecology cleanup authority173-303-050, 173Spills and discharges into the environment173-303-145, and 173Special powers and authorities of the department173-303-960, and as otherwise specified:

(a) (i) Domestic sewage; and (ii) Any mixture of domestic sewage and other wastes that passes through a sewer system to a publicly owned treatment works (POTW) for treatment, except as prohibited by WAC 173-303-555(6), provided (A) The generator or owner/operator has obtained a state waste discharge permit issued by the department, a temporary permit obtained pursuant to RCW 90Waste disposal permits required of counties, municipalities and public corporations-Nonaction upon application-Temporary permit-Duration90.48.200, or pretreatment permit (or written discharge authorization) from a local sewage utility delegated pretreatment program responsibilities pursuant to RCW 90Waste disposal permits required of counties, municipalities and public corporations-Cities, towns or municipal corporations may be granted authority to issue permits-Revocation-Termination of permits90.48.165; (B) The waste discharge is specifically authorized in a state waste discharge permit, pretreatment permit or written discharge authorization, or in the case of a temporary permit the waste is accurately described in the permit application; (C) The waste discharge is not prohibited under 40 C.F.R. Part 403.5; and (D) The waste prior to mixing with domestic sewage must not exhibit dangerous waste characteristics for ignitability, corrosivity, reactivity, or toxicity as defined in WAC 173Dangerous waste characteristics173-303-090 and must not meet the dangerous waste criteria for toxic dangerous waste or persistent dangerous waste under WAC 173Dangerous waste criteria173-303-100 unless the waste is treatable in the publicly owned treatment works (POTW) where it will be received. This exclusion does not apply to the generation treatment, storage, recycling, or other management of dangerous wastes prior to discharge into the sanitary sewage system;

(b) Industrial wastewater discharges that are point-source discharges subject to regulation under Section 402 of the Clean Water Act. This exclusion does not apply to the collection, storage, or treatment of industrial waste-waters prior to discharge, nor to sludges that are generated during industrial wastewater treatment. Owners or operators of certain wastewater treatment facilities managing dangerous wastes may qualify for a permit-by-rule pursuant to WAC 173Permits by rule173-303-802(5);

(c) Household wastes, including household waste that has been collected, transported, stored, or disposed. Wastes that are residues from or are generated by the management of household wastes (e.g leachate, ash from burning of refuse-derived fuel) are not excluded by this provision. "Household wastes" means any waste material (including, but not limited to, garbage, trash, and sanitary wastes in septic tanks) derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas). A resource recovery facility managing municipal solid waste will not be deemed to be treating, storing, disposing of, or otherwise managing dangerous wastes for the purposes of regulation under this chapter, if such facility: (i) Receives and burns only: (A) Household waste (from single and multiple dwellings, hotels, motels, and other residential sources); and (B) Solid waste from commercial or industrial sources that does not contain dangerous waste; and (ii) Such facility does not accept dangerous wastes and the owner or operator of such facility has established contractual requirements or other appropriate notification or inspection procedures to assure that dangerous wastes are not received at or burned in such facility;

(d) Agricultural crops and animal manures which are returned to the soil as fertilizers;

(e) Asphaltic materials designated only for the presence of PAHs by WAC 173Dangerous waste criteria173-303-100(6). For the purposes of this exclusion, asphaltic materials means materials that have been used for structural and construction purposes (e.g., roads, dikes, paving) that were produced from mixtures of oil and sand, gravel, ash or similar substances;

(f) Roofing tars and shingles, except that these wastes are not excluded if mixed with wastes listed in WAC 173Discarded chemical products173-303-081 or 173Dangerous waste sources173-303-082, or if they exhibit any of the characteristics specified in WAC 173Dangerous waste characteristics173-303-090;

(g) Treated wood waste and wood products including: (i) Arsenical-treated wood that fails the test for the toxicity characteristic of WAC 173Dangerous waste characteristics173-303-090(8) (dangerous waste numbers D004 through D017 only) or that fails any state criteria, if the waste is generated by persons who utilize the arsenical-treated wood for the materials' intended end use. Intended end use means the wood products must have been used in typical treated wood applications (for example, fence posts, decking, poles, and timbers). (ii) Wood treated with other preservatives provided such treated wood and wood waste (for example, sawdust and shavings) are, within one hundred eighty days after becoming waste: (A) Disposed of at a landfill that is permitted in accordance with chapter 173-350 WAC, Solid waste handling standards, or chapter 173-351 WAC, criteria for municipal solid waste landfills, and provided that such wood is neither a listed waste under WAC 173Discarded chemical products list173-303-9903 and 173Dangerous waste sources list173-303-9904 nor a TCLP waste under WAC 173Dangerous waste characteristics173-303-090(8); or (B) Sent to a facility that will legitimately treat or recycle the treated wood waste, and manage any residue in accordance with that state's dangerous waste regulations; or (C) Sent off-site to a permitted TSD facility or placed in an on-site facility which is permitted by the department under WAC 173Permit requirements for dangerous waste management facilities173-303-800 through 173Appeal of decision173-303-845. In addition, creosote-treated wood is excluded when burned for energy recovery in an industrial furnace or boiler that has an order of approval issued pursuant to RCW 70undefined70.94.152 by ecology or a local air pollution control authority to burn creosote treated wood.

(h) Irrigation return flows;

(i) (Reserved);

(j) Mining overburden returned to the mining site;

(k) Polychlorinated biphenyl (PCB) wastes:(i) PCB containing dielectric fluid and electric equipment containing such fluid, and any PCB wastes meeting (k)(i)(B) of this subsection, whose disposal is regulated by EPA under 40 C.F.R. Part 761 (Toxic Substances Control Act) and that are dangerous either because: (A) They fail the test for toxicity characteristic (WAC 173Dangerous waste characteristics173-303-090(8), Dangerous waste codes D018 through D043 only); or (B) Because they are designated only by this chapter and not designated by 40 C.F.R. Part 261, are exempt from regulation under this chapter except for WAC 173Special requirements for recyclable materials used in a manner constituting disposal173-303-505 through 173Special requirements for recyclable material utilized for precious metal recovery173-303-525, 173Special powers and authorities of the department173-303-960, those sections specified in subsection (3) of this section, and 40 C.F.R. Part 266; (ii) Wastes that would be designated as dangerous waste under this chapter solely because they are listed as WPCB under WAC 173Dangerous waste sources list173-303-9904 when such wastes are stored and disposed in a manner equivalent to the requirements of 40 C.F.R. Part 761, Subpart D for PCB concentrations of 50 ppm or greater.

(l) Samples (i) Except as provided in (l)(ii) and (iv) of this subsection, a sample of solid waste or a sample of water, soil, or air, which is collected for the sole purpose of testing to determine its characteristics or composition, is not subject to any requirements of this chapter, when:(A) The sample is being transported to a lab for testing or being transported to the sample...