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Treated wood waste and wood products are excluded by WAC 173-303-071(3)(g) of the Dangerous Waste Regulations under certain conditions:
For more information on treated wood exclusion, see Ecology publication "Focus on Treated Wood Exclusion" at http://www.ecy.wa.gov/pubs/0304038.pdf"Arsenical-treated wood that fails the test for the toxicity characteristic of WAC 173-303-090(8) (dangerous waste numbers D004 through D017 only), or which fails any state criteria, if the waste is generated by persons who utilize the arsenical-treated wood for the materials' intended end use."
(Comment: An "intended end use" would be a use which requires treated wood. Use as a retaining wall or for a deck would be an example. This does not allow a generator to use arsenical treated wood as mulch, wood chips, fire wood, or similar uses which do not require treated wood.)
"Wood treated with other preservatives provided such treated wood is, within 180 days after becoming waste:
(A) Disposed of at a landfill that is permitted in accordance with WAC 173-304-460, minimum functional standards for solid waste handling, or chapter 173-351 WAC, criteria for municipal solid waste landfills, and provided that such wood is neither a listed waste under WAC 173-303-9903 and 173-303-9904 nor a TCLP waste under WAC 173-303-090(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 173-303-800 through WAC 173-303-845. 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 70.94.152 by ecology or a local air pollution control authority to burn creosote treated wood."
Copyright © Washington State Department of Ecology. See http://www.ecy.wa.gov/copyright.html.
