Washington State Department of Ecology :
Solid Waste :
Solid Waste Facilities : 350 WAC
Chapter 173-350 WAC, Solid Waste Handling Standards
Ecology has undertaken revisions to chapter 173-304 WAC, Minimum Functional Standards for Solid
Waste Handling. Because of the extensive changes, a new rule, chapter 173-350 WAC, Solid Waste
Handling Standards, has been prepared. In addition, chapter 173-314 WAC, Waste Tire Carrier and Storage Site Licenses, has been
incorporated into WAC 173-350-350
What Is Included in this Rule?
The following sections of the rule can be accessed as of February 19, 2003, by clicking on the individual
section of interest, or you can obtain the complete rule at:
chapter 173-350 WAC, Solid Waste Handling Standards:
Who Does the Rule Apply To?
This rule applies to facilities and activities that manage solid wastes as defined in
WAC 173-350-100. (For activities that the rule does not apply to see
WAC 173-350-020 Applicability).
For new facilities, the permit application process can be found at
Solid Waste Permit Process. These standards also apply to
all new solid waste handling units at existing facilities upon the effective date of
chapter 173-350 WAC.
For existing facilities that are currently meeting the requirements of chapter 173-304 WAC,
Minimum Functional Standards for Solid Waste Handling Facilities the following
effective dates apply for compliance with the new rule. The facility owner or operator must:
- Meet all applicable operating, environmental monitoring, closure and post-closure
planning, and financial assurance requirements of this chapter within twenty-four months
of the effective date of chapter 173-350 WAC.
- Meet all applicable performance and design requirements, other than location or setback
requirements, within thirty-six months of the effective date of chapter 173-350 WAC.
- The owner or operator of existing facilities shall initiate the permit modification process
outlined in WAC 173-350-710(4) within eighteen 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. (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.)
An existing facility that completes closure within 12 months of the effective date of chapter
173-350-WAC, may close in compliance with the appropriate requirements of
chapter 173-304-WAC, Minimum Functional Standards for
Solid Waste Handling Faciltiies. Any facility that does not complete closure with 12 months
of the effective date, shall be required to close in compliance with applicable requirements of
chapter 173-350 WAC.
Adoption of Chapter 173-350 WAC, Solid Waste Handling Standards by Local Health Jurisdictions
One of the requirements of chapter 173-350 WAC, Solid Waste Handling Standards, is that each jurisdictional
health department (JHD) must adopt local ordinances implementing this chapter no later than one year after
the effective date. Local ordinances need to be at least as stringent as this chapter, but may include
additional requirements (WAC 173-350-700).
The policy requiring applicable regulations to be adopted as a condition for funding is not new.
Under RCW 70.95.220, any jurisdictional health department may apply for financial aid for the enforcement
of rules and regulations promulgated under the chapter. The RCW further states that the money “shall be
used exclusively for inspections and administrative expenses necessary to enforce applicable regulations."
Ecology’s legal counsel has determined that without local adoption of WAC 173-350, the JHD has little or
no legal basis for certain solid waste enforcement authorities.
The Coordinated Prevention Grant (CPG) guidelines
were revised to clarify and emphasize the requirement local governments have to adopt WAC 173-350 in order
to qualify for Solid Waste Enforcement Grant funding for the 2004-2005 grant cycle. You will find this
reference in Chapter 2 (page 5) of the CPG guidelines. Since the grant agreements will be signed by
January 2004, grants will include a condition that makes the continuation of enforcement grant funds
beyond March 2004, contingent upon the adoption of chapter 173-350 WAC, or more stringent requirements.
Ecology’s solid waste planners, grants officers and permit specialists will be working with local heath
jurisdiction to provide assistance as needed. As part of this effort, two different draft “model” ordinances
have been developed:
Annual Reporting Requirements
Annual reports are required of various facilities that fall under the requirements
of chapter 173-350 WAC, Solid Waste Handling Standards. Annual report forms
are to be completed by the facility and returned to the appropriate local health department and the Department
of Ecology by April 1 of each year.
Permit Deferral
The Solid Waste Handling Standards allow for a "Permit Deferral" under WAC 173-350-710(8).
The jurisdictional health department, at its descretion and with the concurrence of the Department
of Ecology, can waive the requirement of a solid waste permit for a facility by deferring to other
air, water or environmental permits issued for the facility which provide an equivalent or superior
level of environmental protection. The owner or operator can apply per WAC 173-350-710(8)(d) using
the Permit Deferral Form.
Beneficial Use Exemptions
Under chapter 173-350 WAC, Solid Waste Handling Standards
waste generators and others will be able to apply directly to Ecology for statewide
relief from solid waste permitting for the use of a waste as a substitute feedstock in a
manufacturing or other industrial process or when used as a soil amendment. Exemption from
solids waste permitting will require prior approval from the department and will be granted
solely to the original applicant. Go to Beneficial Use Exemptions web site
for more information.
Exemptions from Solid Waste Permitting
Chapter 173-350 WAC, Solid Waste Handling Standards specifies that certain solid waste
facilities are exempt from solid waste permitting, if they meet certain requirements and
operating procedures as identified in the rule. These facilities include certain recycling
facilities, compost facilities, intermediate solid waste handling facilities, piles used for
treatment or storage, and moderate risk waste facilities.
One of the requirements is for the facility to notify the Department of Ecology and the local
jurisdictional health department of their intent to operate as a facility exempt under chapter 173-
350 WAC. For most exempt facilities, there is also an annual reporting requirement.
To assist facilities, Ecology has developed notification forms. To access the form, click on the form
number below. To access the section of the rule with specific requirements, click on the rule section
below:
- Form ECY 040-153 - Notification
of Exemption from a Solid Waste Permit for a Recycling Facility Under WAC
173-350-210(b)
- Form ECY 040-154 - Notification
of Exemption from a Solid Waste Permit for a Composting operation Under WAC
173-350-220
- Form ECY 040-155 - Notification
of Exemption from a Solid Waste Permit for a Materials Recovery Facility Under WAC
173-350-310(2)
- Form ECY 040-156 - Notification
of Exemption from a Solid Waste Permit for Storage of Inert Waste in Piles Under WAC
173-350-320(1)(d)
- Form ECY 040-157 - Notification
of Exemption from a Solid Waste Permit for a MRW Mobile System or Collection Event Under WAC
173-350-360(2)
- Form ECY 040-158 - Notification
of Exemption from a Solid Waste Permit for a Limited MRW Facility Under WAC
173-350-210(b)
Moderate Risk Waste
Frequently Asked Questions about Moderate-Risk Waste Collection Facilities;
Implmentation of Chapter 173-350-360 WAC
Moderate Risk Waste Fixed Facilities Guidelines
(back to Solid Waste Facilities)
(back to Solid Waste Facilities Permit Process)
(back to Sustainability, Waste Reduction and Recycling)
Publications | Laws and Regs | Solid Waste & Recycling Data | Biosolids | Moderate Risk Waste
Beneficial Use | Industrial Facilities | Sustainability, Waste Reduction & Recycling