Publication Summary

As required by the Washington State Administrative Procedures Act, RCW 34.05. CONCISE EXPLANTORY STATEMENT AND RESPONSIVENESS SUMMARY FOR THE ADOPTION OF CHAPTER 173-350 WAC, Solid Waste Handling Standards

Chapter 173-350 WAC, Solid Waste Handling Standards was originally adopted on January 10, 2003. The adopted rule provided a very flexible system for managing soils and dredged material that contained contaminants. The intent was to allow as much soil and dredged material to be reused as possible while protecting public health and the environment.

The adopted rule relied heavily on professional judgment to determine when it is appropriate to place soils or dredged material at a particular location without the benefit of a solid waste permit. Several stakeholders expressed concern with this approach after the rule became effective. Although stakeholders were divided on what soils and dredged material should be regulated as a contaminated soil or contaminated dredged material, the majority favored more specificity in the standards to help ensure greater consistency by the regulatory agencies, and a higher level of certainty for soil and dredged material handlers when entering into contractual obligations.

This rule change takes us back to the applicable definitions found in Chapter 173-304 WAC, Minimum Functional Standards for Solid Waste Handling, which the Solid Waste Handling Standards were meant to replace. The Minimum Functional Standards for Solid Waste Handling used the term "problem wastes" for contaminated soils and contaminated dredged materials. Contaminated soils and contaminated dredged material, as defined by this change, are subject to the solid waste handling standards in Chapter 173-350 WAC.

This rule change is a temporary fix and is not intended to address all of the concerns associated with the handling of soils and dredged material. Ecology will initiate another rule making process in the spring of 2005 following the adoption of this change. The goal of the rule making will be to find the least burdensome soil and dredged material management strategy that is protective of public health and the environment.