Chapter 173-350 WAC
Solid Waste Handling Standards

Work Groups/Advisory Committee

The work of our advisory committees in helping to prepare the preliminary draft rule has concluded. Ecology is very grateful for the time and effort put in by the many stakeholder representatives who participated. Names of many advisors and meeting documentation can be found below here.

Be sure to sign up for our E-mail ListServ. We will send periodic updates and you will be notified of informal and formal opportunities for participation (those will also be posted on our web pages). For more information please e-mail w2rrulemaking@ecy.wa.gov.

Information provided below in the focus statement and any update for each area, represented Ecology's best assessment at the time they were posted. Information below does not represent the most current rule product. Please visit our documents page where you can review focus sheets describing the most important changes to many sections of the rule. You will also find the most recent draft rule language, presentation materials, including video segments from public meetings held in July, and other important documentation. For a general perspective on this rulemaking effort, visit our overview page.

Table of Contents

WAC 173-350-010 - Purpose
WAC 173-350-020 - Applicability
WAC 173-350-025 - Owner Responsibilities
WAC 173-350-030 - Effective Dates
WAC 173-350-040 - Performance Standards
WAC 173-350-100 - Definitions (generally; see also focused definitions below)
WAC 173-350-100 - Definitions (focused review)
WAC 173-350-110 - Determination of Solid Waste
WAC 173-350-200 - Beneficial Use Permit Exemptions
WAC 173-350-210 - Recycling
WAC 173-350-230 - Land application
WAC 173-350-235 - Soil and Sediment Criteria and Use (new)
WAC 173-350-240 - Energy recovery & incineration facilities
WAC 173-350-300 - On-site storage, collection, and transportation standards
WAC 173-350-310 - Intermediate solid waste handling facilities
WAC 173-350-320 - Piles used for storage or treatment
WAC 173-350-330 - Surface impoundments and tanks
WAC 173-350-350 - Waste tire storage and transportation
WAC 173-350-360 - Moderate risk waste handling
WAC 173-350-370 - Product take back (new)
WAC 173-350-400 - Limited purpose landfills
WAC 173-350-410 - Inert waste landfills
WAC 173-350-490 - Other methods of solid waste handling
WAC 173-350-500 - Ground water monitoring
WAC 173-350-600 - Financial assurance
WAC 173-350-700 - Permits and local ordinances
WAC 173-350-710 - Permit application and issuance
WAC 173-350-715 - General permit application requirements
WAC 173-350-900 - Remedial action
WAC 173-350-990 - Criteria for Inert Waste
WAC 173-350-995 - Appendices


Sections Under Review

WAC 173-350-010 - Purpose
WAC 173-350-020 - Applicability
WAC 173-350-025 - Owner Responsibilities
WAC 173-350-030 - Effective Dates
WAC 173-350-040 - Performance Standards
WAC 173-350-100 - Definitions (generally; see also focused definitions below)


Ecology Staff Lead: Kyle Dorsey

Focus: There may be revisions to some or all of the sections listed above. Changes may be proposed in response to stakeholder comments received during comment periods, and/or based on agency assessment. Consideration will be ongoing throughout the rule development process. Ecology does not believe a formal work group would add value to the process for revising these elements.

Changes to the definitions in Section 100 will generally be driven by individual work group efforts, but please note the work group specifically focused on the definitions of solid waste, recycling, and recyclable materials, immediately below. Please send questions to w2rrulemaking@ecy.wa.gov.



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WAC 173-350-100 - Definitions (focused review)


Ecology Staff Lead: Gary Bleeker, Allison Kingfisher

Work Group Members

Andrew Kenefick Waste Management
Penny Ingram, Pam Smith Washington Utilities and Transportation Commission
Art Starry Jurisdictional Health Authorities
Rod Whittaker Washington Refuse and Recycling Association
Bruce Chattin Washington Aggregates & Concrete Association
Jody Snyder Waste Connections
Scott Windsor Local Government - City of Spokane
Sego Jackson Local Government - Snohomish County
Suellen Mele Zero Waste Washington
Ted Silvestri Jurisdictional Health Authorities
Jennifer Hill Washington State Department of Transportation
Troy Lautenbach Washington State Recycling Association

This section of the rule attracted significant interest. Other persons who attended meetings include:

Jim Sells Washington Refuse and Recycling Association
Penny Ingram Washington Utilities and Transportation Commission
Pam Smith Washington Utilities and Transportation Commission
Jerry Bartlett Cedar Grove
Bart Kale Bart Kale & Associates/Nucor Steel
Holly Chisa ISRI
Jody Snyder Waste Connections
Jennifer Hill Washington State Department of Transportation
JR Myers Snohomish County
Matt Zybas Snohomish County
Kinley Deller King County Solid Waste
Susan Thoman Cedar Grove

Focus: The definitions of Solid Waste, Recyclable Materials, and Recycling are the basis for all solid waste handling activities. These terms are defined in statute, but subject to some interpretation. The work group has been meeting to determine if these terms can be clarified or improved within the limits of existing statutes.

Update: The workgroup is focused on adding language to the rule to clarify when something is or is not a solid waste. They met to review a new draft of revised language on January 5, 2016. The comments received at that meeting and in writing by January 18 are being considered. The language will continue to evolve based on input from workgroup members.

Workgroup meetings and notes
Please see our documents page and public involvement page for current rule information.


January 5, 2016 1:00 - 5:00 PM, Ecology Headquarters, Lacey
  • Definitions Work Group Agenda - January 5, 2016
  • Definitions Work Group Notes - January 5, 2016
August 11, 2015 9:00 - 4:00 PM, Ecology Headquarters, Lacey June 16, 2015 1:00 - 5:00 PM, Ecology Headquarters, Lacey February 18, 2015 1:00 - 4:00 PM, Ecology Headquarters, Lacey February 3, 2015 1:00 - 2:30 PM January 20, 2015 1:00 - 4:00 PM, Ecology Headquarters, Lacey January 6, 2015 1:00 - 2:30 PM Conference Call December 16, 2014 1:00 - 4:00 PM, Ecology Headquarters, Lacey December 2, 2014 1:00 - 2:30 PM Conference Call November 18, 2014 1:00-4:00 PM, Ecology Headquarters, Lacey November 4, 2014 1:00 - 2:30 PM Conference Call October 17, 2014 1:00-4:00 PM, Ecology Headquarters, Lacey October 7, 2014 1:00 - 2:30 PM Conference Call September 16, 2014 1:00 - 4:00 PM, Ecology Headquarters, Lacey August 22, 2014 July 9, 2014

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WAC 173-350-110 - Determination of Solid Waste (New)


Ecology Staff Lead: Alli Kingfisher, Dawn Marie Maurer

Focus: Section 110 will be proposed as a new section of the rule. It is an outgrowth of efforts by the definitions work group (immediately above here) to help clarify when a material qualifies as solid waste, and to try and differentiate wastes from products. The language linked below is draft subject to internal review. It may be revised prior to being released for the informal public review process.

Workgroup meetings and notes
Please see our documents page and public involvement page for current rule information.


Update: Further meetings of the definitions work group are not planned at this time.



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WAC 173-350-200 - Beneficial Use Permit Exemptions


Ecology Staff Lead: Chuck Matthews

Focus: The beneficial use determination process is a tool for furthering higher end-uses for waste materials, and for promoting statewide consistency in oversight for beneficial uses of waste materials. Ecology may propose revisions to improve clarity and applicability. A work group is not proposed for this aspect of the rule.

Update: The legislature is considering a bill that would grant Ecology the authority to develop an administrative process in rule for agency-sponsored beneficial use permit exemptions. The department is currently authorized to make such proposals only by actually revising the rule to address specific exemptions. Due to timing of the legislative session and the rule revision process, Ecology may have two alternatives for consideration during the informal public review process. In the event the proposed legislation is not passed, any proposed changes to WAC 173-350-200 will be minor with no substantive changes to the current application and review process. An alternative version of this section will describe procedures Ecology will follow to propose agency-sponsored beneficial use permit exemptions if the proposed legislation passes. Any new administrative process would likely follow the current public notification, review, and comment process for beneficial use determinations. Please send questions to w2rrulemaking@ecy.wa.gov.



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WAC 173-350-210 - Recycling


Ecology Staff Lead: Dawn Marie Maurer, Gary Bleeker, Allison Kingfisher

Focus: Recycling issues are complex and heavily intertwined with the definitions of solid waste, recycling, and recyclable materials. By law, the definition of solid waste includes recyclable materials. Membership on this workgroup will evolve from efforts focused on the definitions of Solid Waste, Recyclable Materials, and Recycling (see above). Some issues that may be addressed include:
  • Current solid waste rules exempt recycling facilities from permitting when they meet the criteria in Section 210. However, notification requirements of 210 may not be adequate to address some recycling activities that can pose a risk to human health and the environment.
  • When no permit is required, no revenues are generated to support local health department oversight.
  • Some stakeholders believe that Section 210 should be merged with the materials recovery portion of Section 310, Intermediate solid waste handling facilities, and permits should be required. Some argue for flexibility where alternative approaches such as limited volumes or restricted feedstocks can still support exemptions from permitting; others do not believe that recycling should be regulated under solid waste rules at all.
  • The work group may consider including whether there should be a throughput requirement to sustain an exemption, if there should be a threshold percentage of material that is disposed, and whether a plan of operations should be required for exempt facilities.
Update: This group is also addressing section 310 - Intermediate Solid Waste Handling Facilities. The workgroup met in July 2015, and at that meeting suggested the focus of input should come from local health jurisdictions and regulators. Ecology staff received written comments from local jurisdictions which have informed the current draft. The language will continue to evolve based on input from workgroup members. Please send questions to w2rrulemaking@ecy.wa.gov.

Late Update: In the current rule, recycling and materials recovery facilities (MRFs) are covered in different sections. Both recycling and material recovery can be done under an exemption from permitting if conditions can be met. Some facilities do require a permit to operate, and if an operator does not look in the correct section of the rule, they may not be aware that they do not qualify for an exemption. Also, sometimes a facility does both material recovery and recycling. Operators were confused as to what standards applied.

To alleviate confusion, Ecology has moved the materials recovery facility standards into the same section as recycling, and aligned permit and exemption criteria for both.

Workgroup meetings and notes
Please see our documents page and public involvement page for current rule information.


July 7, 2015 Meeting 1:00 PM - 5:00 PM, Ecology Headquarters, Lacey

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WAC 173-350-230 - Land application


Ecology Staff Lead: Marni Solheim

Work Group Members

Pam Barrow Northwest Food Processors Association
Samantha Fleischner Washington Organics Recycling Council (WORC)
Rick Dawson Jurisdictional Health Authority - Benton-Franklin County Health
Jeff Hegedus Jurisdictional Health Authority - Whatcom County Health

Focus: This section concerns the land application of wastes for beneficial purposes. A work group has been formed and will begin meeting in early 2015. Some issues the work group will look at include the number of parameters tested to characterize a waste stream, the relationship to the beneficial use determination process in Section 200, and whether some wastes should be excluded from regulation when returned to the soils at agronomic rates. There may be a need to coordinate revision of this section with other sections, including the new soils and sediment criteria and use section (to be proposed as WAC 173-350-235).

Update: The workgroup responsible for rewriting the land application section has completed its work and Ecology is in the process of reviewing draft language. Please send questions to w2rrulemaking@ecy.wa.gov.

Workgroup meetings and notes
Please see our documents page and public involvement page for current rule information.


June 11, 2013 Conference Call 10:00 AM - 12:00 PM May 11, 2013 Conference Call 2:00 - 3:00 PM

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WAC 173-350-235 - Soil and Sediment Criteria and Use (new)


Ecology Staff Lead: Marni Solheim

Work Group Members

Matt Hinck Cal Portland
Janusz Bajsarowicz Pacific Topsoils
Jared Keefer Jurisdictional Health Authority - Jefferson County Health
Andy Comstock Jurisdictional Health Authority - Tacoma Pierce County Health
Jake Finlinson King County
Chris Martin WA Department of Ecology - WQ
John Bromley WA Department of Natural Resources
Jenifer Hill WA Department of Transportation
Robb Bonnett J.R. Hayes (on behalf of Association of General Contractors)
Alex Smith Port of Olympia
Adrianne Pearson City of Spokane Wastewater Management

Focus: Soils and Sediment Criteria and Use a new section that will lay out use and disposal options for soils containing substances such as industrial chemicals and petroleum materials, polymer slurries, and solid wastes. Examples include but are not limited to street waste, petroleum-contaminated soil, manufactured topsoil, and dredged material. The section will list test parameters, set contaminant limits, and focus on characterization and use of soils. Other sections in the rule will address standards related to storage, treatment, and disposal.

Update: The work group has completed its task and draft language is being prepared.

Workgroup meetings and notes
Please see our documents page and public involvement page for current rule information.


January 8, 2016 - 10:30 - 12:00, Conference Call December 2, 2015 - 1:30 - 3:00, Conference Call November 3, 2015 - 9:30 - 11:30, Conference Call October 7, 2015 - 9:30 - 3:00 PM, Ecology Headquarters, Lacey August 26, 2015 - 1:30 - 3:30 PM, Conference Call April 7, 2015 - 9:00-12:00, Ecology Headquarters, Lacey February 18, 2015 - 9:00-12:00, Conference Call November 21, 2014 - 1:00 - 4:00 PM, Ecology Headquarters, Lacey October 29, 2014 - 1:00 - 4:00 PM, Ecology Headquarters, Lacey September 8, 2014 - 1:00 - 4:00 PM, Ecology Headquarters, Lacey July 23, 2014 - 1:00 - 4:00 PM, Ecology Headquarters, Lacey June 10, 2014 - 1:00 - 4:00 PM, Ecology Headquarters, Lacey April 23, 2014 - 1:00 - 4:00 PM, Ecology Headquarters, Lacey

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WAC 173-350-240 - Energy recovery & incineration facilities


Ecology Staff Lead: Gary Bleeker

Work Group Members:

Art Mains Roosevelt Regional Landfill
Jeff Martin Klickitat County Public Health
Kevin Barry Klickitat County Public Health
Michael LaScuola Spokane Regional Health District

Focus: A work group has been formed and is expected to begin meeting in early 2015. The work group will look at clarifying this section, especially who it applies to. A determination needs to be made as to whether this section should regulate facilities that burn wood or wood derived fuel. The group will also look at streamlining and simplifying the process to determine whether an energy recovery facility or incinerator will be required to obtain a solid waste handling permit, or be eligible for an exemption to obtaining a solid waste permit.

Update: The agency determined that holding meetings of a formal work group was not necessary. Staff worked with local stakeholders in the two counties affected by this section of the rule to develop recommendations for change. Please send questions to w2rrulemaking@ecy.wa.gov.

Workgroup meetings and notes
Please see our documents page and public involvement page for current rule information.


Draft language will be shared with the public during an informal review process in the spring of 2016.



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WAC 173-350-300 - On-site storage, collection, and transportation standards


Ecology Staff Lead: Gary Bleeker

Focus: Ecology has not identified any specific issues at this time and does not believe a formal work group would add value to the process. Changes may be proposed in response to stakeholder comments received during informal and formal comment periods, and/or based on agency assessment. If concerns become sufficiently complex, a work group may be formed. Please send questions to w2rrulemaking@ecy.wa.gov.



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WAC 173-350-310 - Intermediate solid waste handling facilities


Ecology Staff Lead: Dawn Marie Maurer, Gary Bleeker, Allison Kingfisher

Focus: This section includes Materials Recovery Facilities, Transfer Stations, Baling and Compaction sites, and Drop Box Facilities. A work group will be formed to evaluate this section. Membership will evolve from efforts on the definitions of Solid Waste, Recyclable Materials, and Recycling.
  • Both materials recovery facilities and recycling facilities manage recyclable materials. Some engage in both activities. The work group will consider whether the Material Recovery Facilities language in this section should be moved to the Recycling section (WAC 173-350-210), or perhaps merged in a new section.
  • In order to qualify for permit exemptions, facilities must meet specific criteria. Notification requirements in section 310 may not adequately address questions of compliance. Some forms of materials recovery do not qualify for exemption under the rule, yet they should not be classified as transfer stations.
Additionally, the work group will discuss design standards for transfer stations to include an impervious floor, leachate collection and storage, and vector control. The group may also discuss whether to allow scavenging at some facilities with permission from the owner/operator and the Jurisdictional Health Department.

Update: This group is also addressing section 210 - Recycling. The workgroup met in July 2015 and at that meeting suggested the focus of input should come from local health jurisdictions and regulators. Ecology staff received written comments from local jurisdictions which have informed the current draft.

Late Update: Many of the facilities covered under this section are solid waste transfer stations and drop boxes. The standards for these intermediate solid waste handling facilities have worked well over the past decade and Ecology received very little interest in changing these standards.

The only area of inquiry in this section revolved around material recovery facilities, or MRFs. As part of the work on issues relating to the crossover between recycling and material recovery, the MRF standards were moved to section 173-350-210 (now "Recycling and material recovery facilities").

This reorganization created clearer delineation between facilities primarily sending waste to disposal, like transfer stations, and facilities primarily recovering materials for other uses.

Only the most minimal changes were made to the substantive requirements of transfer stations and drop box facilities, but the format was updated to be easier to read and interpret. Please send questions to w2rrulemaking@ecy.wa.gov.

Workgroup meetings and notes
Please see our documents page and public involvement page for current rule information.


July 7, 2015 Meeting, 1:00 PM - 5:00 PM, Ecology Headquarters, Lacey

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WAC 173-350-320 - Piles used for storage or treatment


Ecology Staff Lead: Al Salvi

Work Group Members

Bruce Chattin Washington Aggregates & Concrete Association
Jeff Rudolph Pierce Co. PW - Road Shop
Jan Brower Jurisdictional Health Authority - Kitsap County Health
Dan Watts Jurisdictional Health Authority - Tacoma Pierce County Health
Chris Martin WA Department of Ecology - WQ
Jennifer Hill WA Department of Transportation
Rebecca Craig Small business / contractors
Jody Snyder Waste Connections
Andrew Kenefick Waste Management

Focus: A work group has been formed and began meeting in late 2014. The work group will look at clarifying the applicability section for residency times and certain materials. For exempt piles facilities, the work group will evaluate the requirements to remain an exempt pile and discuss adding requirements such as notification, reporting, and an operations plan. For permitted piles facilities, the work group will clarify existing requirements and discuss the need for any new ones, including financial assurance. Please send questions to w2rrulemaking@ecy.wa.gov.

Update: Draft language was shared with the work group the week of January 11, 2016. We are continuing to work with stakeholders to address recommendations and revise language.

Workgroup meetings and notes
Please see our documents page and public involvement page for current rule information.


March 3, 2015 9:00 to 12:00 PM, Ecology Headquarters, Lacey October 21, 2014 12:30 to 3:30 PM, Ecology Headquarters, Lacey

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WAC 173-350-330 - Surface impoundments and tanks


Ecology Staff Lead: Bill Harris

Work Group Members

Jan Brower Kitsap Health District
Chris Martin WA Department of Ecology - WQ
Rod Whittaker Washington Refuse and Recycling Association
Jody Snyder Waste Connections
David Lowe Waste Management
Ted Silvestri Yakima County Health District
Wendy Mifflin Yakima County Solid Waste Division

Focus: Section 330 regulates activities that are ancillary to primary functions of the solid waste system. It is explicitly applicable to facilities storing leachate from municipal solid waste landfills and limited purpose landfills, and surface impoundments associated with solid waste recycling and piles activities.

There are several instances where other rules and other sections in this rule refer to part or all of the surface impoundment and tanks standards, making them applicable by reference. Section 330 does not specify which of its conditions should be applicable in the following cases:
  • Solid Waste Handling Standards - Beneficial Use Permit Exemptions, WAC 173-350-200. The general terms and conditions for beneficial use exemptions state that when a soil amendment is stored at an application site, it must not contain liquid waste unless the requirements of WAC 173-350-330 are met.
  • Solid Waste Handling Standards - Composting Facilities, WAC 173-350-220. The composting facility design criteria require that tanks used to store leachate at composting facilities must meet design standards in WAC 173-350-330(3)(b).
  • Solid Waste Handling Standards - Land Application, WAC 173-350-230. The operating criteria for facilities engaged in land application direct that the facility must be operated to ensure that storage of liquid waste or semisolid waste in surface impoundments or tanks meets the requirements of WAC 173-350-330.
  • Solid Waste Handling Standards - Anaerobic Digesters, WAC 173-350-250. The anaerobic digester standards identify WAC 173-350-330(3) as one of three sets of design standards that may be used for anaerobic digesters.
  • Biosolids Management - Requirements for facilities storing biosolids or sewage sludge, WAC 173-308-280. This section of the biosolids management rule states that certain facilities that store liquid biosolids or sewage sludge in surface impoundments must meet the requirements for the design, construction, and operation of surface impoundments in chapter 173-350 WAC.
Issues to be addressed also include clarifying whether requirements of Section 330 are or should be applicable to storage of liquid or semi-liquid wastes that are being handled under a permit exemption by the provisions of the Solid Waste Handling Standards - Other organic material handling activities, WAC 173-350-225.

The technical criteria of Section 330 for surface impoundments are similar to the criteria for wastewater lagoons described in Section G3-3.5 of Ecology's Water Quality Program Criteria for Sewage Works Design, but there are some distinct differences. The work group will look at clarifying the management of leachate generated at solid waste facilities that is being treated in surface impoundments for discharge under a water quality permit. It is unclear which criteria should apply to the impoundment/lagoon structures.

Another issue to be explored is that there are no clear requirements for monitoring or reporting monitoring of leak detection systems in surface impoundments. There are no criteria for allowable leakage in primary or secondary impoundment liners, and hence no clear requirements to repair leaks that may be identified. There are no criteria for general maintenance of surface impoundments (for example, removal of sediment, debris, vegetation, etc.).

Update: The work group began meeting in March 2015. Proposed changes are being evaluated but have not yet been shared with the workgroup. Please send questions to w2rrulemaking@ecy.wa.gov.

Workgroup meetings and notes
Please see our documents page and public involvement page for current rule information.


March 19, 2015 9:00 AM to 12:00 PM, Ecology Headquarters, Lacey

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WAC 173-350-350 - Waste tire storage and transportation


Ecology Staff Lead: Isaac Standen

Gary Smith Auto Recyclers of Washington
Dick Nordness Northwest Tire Dealers Association
Chris Kitchen Ashgrove Cement
Robert Vantuyl Ashgrove Cement
Pat Dunn Les Schwab
Dean Large Washington Refuse and Recycling Association
Jim Sells Washington Refuse and Recycling Association
Mark hope Tire disposal and recycling
Christopher M. Piercy Kitsap county public works, solid waste division, and Northwest Product Stewardship Council
Nina Baston Walla Walla County Code Enforcement
Rick Dawson Benton-Franklin Health District
Steve Skinner Lewis County Public Works
Dan Watts Tacoma pierce county health department
Trooper T. Giddings WA State Patrol
John Sheerin Rubber Manufacturers Association

Focus: A work group began meeting in late 2014. The work group will address several issues, including:
  • The definition of a waste tire is currently limited to tires that are in whole, unaltered form. The work group will consider including waste tires in altered forms (cut in half, shredded, baled).
  • Distinguishing between a waste tire and a waste tire product can be problematic. For example, accumulations of baled products that do not go to market become wastes again.
  • The work group will consider whether turnover in the volume of tires in altered forms (baled, shred, cut) stored on site should be a criteria for delineating between waste tires being stored and product destined for market.
  • Some portions of the section will be merged or clarified.
Update: The work group has completed its task and made recommendations. The work group also made recommendations regarding permitting requirements for indoor storage facilities. Draft language will be shared with the public this spring. Please send questions to w2rrulemaking@ecy.wa.gov.

Late update:
  • All weight units will be in tons instead of pounds.
  • Indoor storage (in enclosed buildings and structures, but not in mobile containers) of more than 8 tons of waste tires would be regulated as waste tire storage facilities under WAC 173-350-350. Since indoor storage is proposed to be included under the regulation of WAC 173-350-350, there is proposed language for design standards of indoor storage based on fire code (reference: International Fire Code section 903.2.9.2 , section 3206.1 , and section 3409.1).
  • Due to an update in fire code, there will be some changes to outdoor waste tire storage design standards (reference: International Fire Code Section 3405.1 to 3405.7).
  • Waste tire storage has remained in section 350, while waste tire transportation has been moved into and entirely new section 355. Operating standards have been revised to fit a new standardized language format that will be consistent with several sections throughout the rule.
  • Since the department of revenue has taken over the role of issuing licenses to waste tire carriers and storage facilities from the department of licensing, the pertinent portions of the waste tire storage and transportation sections will be updated to reflect this change. The department or revenue revises their own fee schedule periodically. Because of this, the fees for waste tire storage licenses, waste tire carrier licenses, waste tire carrier cab cards, and the refundable amounts thereof will be referenced generically instead of actual dollar amounts written in the rule as before.
Workgroup meetings and notes
Please see our documents page and public involvement page for current rule information.


July 9, 2015, 10:00 AM - 12:00 PM, Ecology Northwest Regional Office, Bellevue December 18, 2014 10:00 AM - 12:00 PM, Ecology Headquarters, Lacey.

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WAC 173-350-360 - Moderate risk waste handling


Ecology Staff Lead: Al Salvi

Work Group Members

Keith Lund Stericycle
Jon Napier WA State Association of Fire Marshals
Rick Gilbert Kitsap County Public Works
Rob Rieck ECY - HWTR
Cheryl Christian WA Dept of Labor & Industries
Gerald Tousley Jurisdictional Health Authority - Thurston County
Alan DenAdel Pend Oreille County Public Works
Patti Johnson Kittitas County Solid Waste
Bryan Hunt Jurisdictional Health Authority -NE Tri-County

Focus: A work group has been formed and is meeting. Some issues the MRW work group will address:
  • Work on clarifying current design and operational requirements.
  • Look at providing more consistency between the design requirements for MRW (WAC 173-350-360) and TSD facilities (Chapter 173-303 WAC), and worker safety requirements in WAC 173-350-360 and requirements of the Washington State Department of Labor and Industries.
  • Look at the definition of limited MRW facility to determine if this definition should be changed to provide more collection opportunities for MRW materials.
Update: Draft language was shared with the work group during the week of January 4, 2016. We are continuing to work with stakeholders to address recommendations and revise language. Please send questions to w2rrulemaking@ecy.wa.gov.

Workgroup meetings and notes
Please see our documents page and public involvement page for current rule information.


January 22, 2015 Conference Call September 23, 2014 10:00 - 3:00 PM, Ellensburg Armory

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WAC 173-350-370 - Product take back (possible new section)


Ecology Staff Lead: Megan Warfield

Focus: References to "product take-back centers" can only be found in the definitions (WAC 173-350-100) and MRW (WAC 173-350-360) sections of the regulation. A new product take-back section would extract requirements for product take-back centers from the MRW section to a new section, adjusting applicability as necessary in both the MRW and new sections. Work would also explore expanding the definition of product take-back to maximize collection opportunities.

Update: At this time Ecology does not expect to propose a new section on product take back. The agency is continuing to look at the definition of product take back center in relation to moderate risk waste handling and hazardous waste regulations. Please send questions to w2rrulemaking@ecy.wa.gov.



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WAC 173-350-400 - Limited purpose landfills


Ecology Staff Lead: Bill Harris

Work Group Members

Rod Whittaker Washington Refuse and Recycling Association
Jody Snyder Waste Connections
Ted Silvestri Yakima County Health District
David Lowe Waste Management
Chris Martin WA Department of Ecology - WQ
Jana McDonald Central Pre-mix
John Bromley WA Department of Natural Resources
Kathy Pierson Snohomish Health District
Kevin Scott Port Townsend Paper

Focus: Section 400 establishes standards, criteria, and requirements for landfills receiving a wide range of solid wastes. Only dangerous waste, municipal solid waste, and inert waste being disposed in inert waste landfills are excluded. A work group will be formed and begin meeting in late 2014. Some issues to be explored:
  • The descriptions of the options to propose alternative designs for liners and final closure covers don't reflect the intent of these options or current practice.
  • The requirements for environmental monitoring and reporting are unclear or inconsistent, particularly with regard to parameters other than groundwater.
  • Post-closure endpoint criteria are poorly defined and inconsistent with contemporary approaches to determining if a landfill's post-closure care can be ended while protecting human health and the environment.
  • Financial assurance requirements for post-closure maintenance and monitoring are based on an assumption of a fixed period for post-closure care, rather than being linked to an estimate of time to reach protective and sustainable post-closure endpoint criteria.
  • A 2006 revision to WAC 173-160, Minimum Standards for Construction of Wells, modified that rule's setback requirements when siting water wells near landfills permitted under WAC 173-350, creating a conflict with the setback requirements in both sections 400 and 410.
Update: Draft revisions to sections 400 and 410 have been proposed to the workgroup, based largely on two determinations coming out of the broader rule process. First, inert materials and consequently what is acceptable in an inert waste landfill, are both determined by statute (RCW 70.95.030(10)). Ecology cannot make any adjustments that would allow non-inert materials to be disposed in those facilities. Secondly, a new section 235 is being developed to address "impacted" soils. Those are soils that have characteristics which make them solid wastes - but not inert solid wastes. Some adjustments will be proposed in sections 400 and 410 to accommodate the specifics of the new section 235. Please send questions to w2rrulemaking@ecy.wa.gov.

Workgroup meetings and notes
Please see our documents page and public involvement page for current rule information.


March 16, 2015 1:00 PM to 4:00 PM, Ecology Headquarters, Lacey

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WAC 173-350-410 - Inert waste landfills


Ecology Staff Lead: Bill Harris

Work Group Members

Kathy Pierson Snohomish Health District
Chris Martin WA Department of Ecology - WQ
John Bromley WA Department of Natural Resources
Rod Whittaker Washington Refuse and Recycling Association
Jody Snyder Waste Connections
Jana McDonald Central Pre-mix
Ted Silvestri Yakima County Health District
David Lowe Waste Management
Kevin Scott Port Townsend Paper

Focus: Section 410 establishes standards, criteria and requirements for landfills receiving inert wastes as they are defined in WAC 173-350-990 (also under review). These wastes may include monolithic concrete and asphalt from construction and demolition projects, and other materials determined to be inert. While these materials can sometimes be recycled in certain markets, it is anticipated that many jurisdictions will have a continuing need to dispose of them as wastes.

Inert waste materials are used for fill material in construction projects, including large transportation projects. Section 410 provides a categorical exemption from permitting for the placement or disposal of inert wastes in a facility with a total capacity of 250 cubic yards or less. Technically, any construction project that uses more than 250 cubic yards of inert wastes as fill also requires permitting as an inert waste landfill. In practice, project owner/operators or constructors often ignore the requirement to obtain a solid waste permit for this type of filling. The work group will explore developing a more practical framework for exemptions from permitting requirements for these types of inert wastes.

Inert wastes are often used for reclamation of surface mines permitted by the Washington Department of Natural Resources. DNR has no volume limits on inert waste used in fill for reclamation. This presents mine operators with an unclear regulatory landscape and may lead to potential compliance issues. Also, a clarification is needed to address a conflict between section 410 and the 2006 revision to WAC 173-160, Minimum Standards for Construction of Wells, which modified that rule's setback requirements when siting water wells near landfills permitted under WAC 173-350.

Update: The work group began meeting in March 2015. Draft revisions to sections 400 and 410 have been proposed to the workgroup, based largely on two determinations coming out of the broader rule process. First, inert materials and consequently what is acceptable in an inert waste landfill, are both determined by statute (RCW 70.95.030(10)). Ecology cannot make any adjustments that would allow non-inert materials to be disposed in those facilities. Secondly, a new section 235 is being developed to address "impacted" soils. Those are soils that have characteristics which make them solid wastes - but not inert solid wastes. Some adjustments will be proposed in sections 400 and 410 to accommodate the specifics of the new section 235. Please send questions to w2rrulemaking@ecy.wa.gov.

Workgroup meetings and notes
Please see our documents page and public involvement page for current rule information.


March 16, 2015 1:00 AM to 4:00 PM, Ecology Headquarters, Lacey

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WAC 173-350-490 - Other methods of solid waste handling


Ecology Staff Lead: Kyle Dorsey

Focus: This section was created to provide a means of permitting other methods of solid waste handling not specifically identified elsewhere in the rules (and not excluded from regulation or exempted from permitting). This section has not been used much by the regulated community, so Ecology is considering clarifying its purpose.

The agency is not proposing a formal work group. Changes may be proposed in response to stakeholder comments received during informal and formal comment periods, and/or based on agency assessment.

Update: After further evaluation and consultation with jurisdictional health authorities, Ecology cannot identify any necessary changes in this section. Please send questions to w2rrulemaking@ecy.wa.gov.



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WAC 173-350-500 - Ground water monitoring


Ecology Staff Lead: Tom Culhane

Work Group Members

Dennis Moore Trans-Alta USA
Brian Butler Port Townsend Paper
James Obereiner Waste Management
Jennifer Garcelon Clallam County Environmental Health Services
Bryan Hunt Northeast Tri-County Health District
Patti Johnson Kittitas County Solid Waste
Pat Shanley WA Department of Ecology - W2R

Focus: Groundwater monitoring is a key to protecting the environment. Several issues the work group may consider include requiring submittal of quarterly monitoring reports, requiring electronic submission of quarterly monitoring data through Ecology's Environmental Information Management System, determining whether analyses for metals must be conducted for dissolved or total constituents, and clarifying what happens if monitoring indicates that corrective action steps need to be taken.

Update: The workgroup responsible for rewriting the WAC 173-350-500 section has completed its work. Ecology has prepared draft language to be shared with stakeholders in the spring of 2016. Please send questions to w2rrulemaking@ecy.wa.gov.

Workgroup meetings and notes
Please see our documents page and public involvement page for current rule information.


May 13, 2015 1:00 - 3:00 PM Conference Call April 20, 2015 1:00 - 3:00 PM Conference Call March 2, 2015 1:00 - 3:00 PM Conference Call Summary of Activities October 2014 - January 2015



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WAC 173-350-600 - Financial assurance


Ecology Staff Lead: Madeline Wall

Focus: No work group is planned for this section. The agency expects to address potential changes in financial assurance requirements in the context of rule revision work with stakeholders whose operations require financial assurance. Changes are expected to clarify confusing language and organization, to specify that local health authorities are the beneficiaries of financial assurance fund instruments, and with whom reports and audits are to be filed. We will examine adding the requirement to use state prevailing wages in closure and post-closure cost estimates, and consider removing insurance from the list of acceptable financial assurance mechanisms. Determinations as to the applicability of financial assurance will be addressed in other sections of the rule.

If concerns become sufficiently complex, a work group may be formed. Please send questions to w2rrulemaking@ecy.wa.gov.

Workgroup meetings and notes
Please see our documents page and public involvement page for current rule information.




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WAC 173-350-700 - Permits and local ordinances
WAC 173-350-710 - Permit application and issuance
WAC 173-350-715 - General permit application requirements


Ecology Staff Lead: Chuck Matthews

Focus: Permitting is implemented by local jurisdictional health departments, and significant elements are described in statute. These sections will be reviewed for possible clarifications, editing, or other needed changes consistent with existing statutory provisions. A formal work group is not proposed for these sections. If concerns become sufficiently complex, a work group may be formed.

Update: Ecology is continuing to evaluate opportunities for clarification and will work with organizations representing local jurisdictional health authorities when we have completed an internal review. Please send questions to w2rrulemaking@ecy.wa.gov.



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WAC 173-350-900 - Remedial action


Ecology Staff Lead: Bill Harris

Focus: Section 900 establishes roles for the jurisdictional health department and Ecology at solid waste facilities subject to remedial actions under WAC 173-340 Model Toxics Control Act. The rule language is unclear on the scope of Ecology authority over facility operations and solid waste handling activities when a facility is in remedial action under MTCA. It can be read as meaning that the JHD's primary role for solid waste permitting and enforcement is deferred to Ecology until remedial action is complete.

A formal work group is not being proposed for this section. Rule language will be reviewed and possibly clarified. Changes may be proposed based on agency assessment, and in response to stakeholder comments received during informal and formal comment periods. Please send questions to w2rrulemaking@ecy.wa.gov.



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WAC 173-350-990 - Criteria for Inert Waste


Ecology Staff Lead: Dawn Marie Maurer

Work Group Members

Bruce Chattin Washington Aggregates & Concrete Association
Andy Comstock Jurisdictional Health Authorities - West Side
Chris Martin WA Department of Ecology - WQ
John Bromley WA Department of Natural Resources
Jennifer Hill WA Department of Transportation
Zachary Fiorito Inert Waste Landfill Operators

Focus: Jurisdictional health authorities use the criteria for inert waste to determine if a waste qualifies for less stringent management standards. For instance, inert wastes qualify for piles standards exemptions, disposal in unlined landfills, and limited use as fill without a permit. These determinations are critical to protect human health and the environment, especially for water quality and fish health. Classification of a material can also affect management costs.

Some inert wastes are listed, including cured structural concrete, paving asphalt, brick, ceramics, glass, aluminum, and stainless steel. Non-listed wastes should have comparable physical characteristics and risks as the listed wastes. The criteria for inert waste set out the parameters that a waste must meet to demonstrate a threshold of low risk and physical durability. The Department of Natural Resources uses different criteria for its surface mining reclamation program. In some cases, both sets of standards may apply. The process for making a determination can be slow, further delaying projects and escalating costs.

A work group has been formed and is meeting with the goal of improving the efficiency and clarity of the classification process, while continuing to provide adequate levels of health and environmental protection. Please send questions to w2rrulemaking@ecy.wa.gov.

Update: Due in large part to the inert criteria stakeholder workgroup input, and to the work of the Soil and Sediment Criteria and Use workgroup (new section 235), Ecology has concluded that revising Section 990 is not the best approach. Instead we will propose to eliminate this section of WAC 173-350. Inert wastes will be identified in the definitions section, and disposal criteria will be addressed in the appropriate landfill standards. Impacted soils will be addressed in the new section 235.

Workgroup meetings and notes
Please see our documents page and public involvement page for current rule information.


April 29, 2015 10:00-1:00 PM, Tacoma-Pierce County Health July 30, 2014 1:00-4:00 PM, Ecology Headquarters, Lacey June 10, 2014 9:00-11:00 AM, Ecology Headquarters, Lacey April 23, 2014 1:00-4:00 PM, Ecology Headquarters, Lacey

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WAC 173-350-995 - Appendices


Ecology Staff Lead: Marni Solheim

Focus: This new section will provide a list of contaminants and acceptable limits to be used in conjunction with Section 235 - Soil and Sediment Criteria and Use.

Update: Draft criteria were shared during public workshops in July.

Workgroup meetings and notes
Please see our documents page and public involvement page for current rule information.


ADDITIONAL RULE INFORMATION

CONTACT

Kyle Dorsey,
360-407-6559
kyle.dorsey@ecy.wa.gov

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