Wastes That Should Not Be Reported
As a general rule, regulated amounts of dangerous wastes that are generated, received or otherwise managed are usually counted and reported on the Annual Dangerous Waste Report. However there are exceptions to this "rule" where some dangerous wastes are not counted or reported.
Exempted and Excluded Wastes
Not all wastes are regulated by the Department of Ecology. Some wastes are exempted from the solid waste regulations (in other words, they are not wastes) and others are excluded from the dangerous waste regulations.
Do not report exempted or excluded wastes on your annual report, even if they have dangerous properties.
Exemptions from the solid waste regulations:
Note: Exclusions from the dangerous waste regulations: Many exclusions require you to fully designate the waste before you can apply the exclusion.
Exclusions have very specific conditions! For example: WAC 173-303-071(3)(gg) Shredded circuit boards being recycled are excluded from dangerous waste regulation as long as they are: (i) Stored in containers sufficient to prevent a release to the environment prior to recovery; and (ii) Free of mercury switches, mercury relays and nickel-cadmium batteries and lithium batteries.
See the Dangerous Waste Regulations Chapter 173-303-071 (3) WAC for the full list of excluded wastes.
Waste recycled without prior storage or accumulation
To qualify for this exclusion from waste counting for generator status and annual reporting, dangerous wastes are recycled immediately after generation. The waste cannot be stored or accumulated before recycling.
Note: Residual wastes from the recycling process are counted for generator status and are reported on the Dangerous Waste Annual Report.
Refer to the Dangerous Waste Regulations WAC 173-303-070(7) (c) (iv) for the exclusion from counting, and WAC 173-303-120(4) (a) for the generator requirements.
Permit-by-Rule (PBR) is a provision of the Dangerous Waste Regulations whereby a facility or activity is considered to have a dangerous waste permit to treat waste if certain requirements are complied with. Dangerous wastes are fully regulated before entering a PBR unit and when removed from the unit.
However, if a waste is managed immediately after it is generated in an on-site PBR unit it is not counted toward generator status, and it is not reported on the Annual Dangerous Waste Report.
PBR Units are limited to wastewater treatment units, elementary neutralization units, and totally enclosed treatment units.
Note: The key term is "immediate"; the waste must directly enter a PBR unit as soon as it is generated. There is no temporary storage or accumulation of waste allowed between the point of generation and the PBR unit.
PBR provisions for wastewater treatment units and elementary neutralization units apply only to the unit(s) involved and do not apply to the specific waste(s) being treated.
The owner or operator of a totally enclosed treatment facility or an elementary neutralization or wastewater treatment unit that treats state-only dangerous wastes generated on or off site, or federally regulated hazardous wastes generated on site will have a PBR, if they have a:
The owner or operator of a POTW which accepts dangerous waste for treatment will have a PBR if the owner or operator has a NPDES permit.
Underground injection wells will have a PBR if the owner or operator has an underground injection control (UIC) permit issued by the department under a federally approved program for underground injection control.
The owner or operator of a barge or other vessel which accepts dangerous waste for ocean disposal, will have a PBR if the owner or operator has a permit for ocean dumping issued under 40 CFR Part 220 (Ocean Dumping, authorized by the Marine Protection, Research, and Sanctuaries Act, as amended, 33 U.S.C. § 1420 et seq.).
Universal WastesWastes managed under the Universal Waste Rule (WAC 173-303-573) are not counted toward generator status and not reported on your dangerous waste annual reports. These include:
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