WAC 173-303-040
Definitions. When used in this chapter,
the following terms have the meanings given below.
"Aboveground tank" means a device meeting the definition
of "tank" in this section and that is situated in such a way
that the entire surface area of the tank is completely above
the plane of the adjacent surrounding surface and the entire
surface area of the tank (including the tank bottom) is able
to be visually inspected.
"Active life" of a facility means the period from the
initial receipt of dangerous waste at the facility until the
department receives certification of final closure.
"Active portion" means that portion of a facility which
is not a closed portion, and where dangerous waste recycling,
reuse, reclamation, transfer, treatment, storage or disposal
operations are being or have been conducted after:
The effective date of the waste's designation by 40 CFR
Part 261; and
March 10, 1982, for wastes designated only by this
chapter and not designated by 40 CFR Part 261. (See also
"closed portion" and "inactive portion.")
"Active range" means a military range that is currently
in service and is being regularly used for range activities.
"Acute hazardous waste" means dangerous waste sources
(listed in WAC 173-303-9904) F020, F021, F022, F023, F026, or
F027, and discarded chemical products (listed in WAC 173-303-9903) that are identified with a dangerous waste
number beginning with a "P", including those wastes mixed with
source, special nuclear, or by-product material subject to the
Atomic Energy Act of 1954. The abbreviation "AHW" will be
used in this chapter to refer to those dangerous and mixed
wastes which are acute hazardous wastes. Note - the terms
acute and acutely are used interchangeably.
"Ancillary equipment" means any device including, but not
limited to, such devices as piping, fittings, flanges, valves,
and pumps, that is used to distribute, meter, or control the
flow of dangerous waste from its point of generation to a
storage or treatment tank(s), between dangerous waste storage
and treatment tanks to a point of disposal on-site, or to a
point of shipment for disposal off-site.
"Aquifer" means a geologic formation, group of
formations, or part of a formation capable of yielding a
significant amount of ground water to wells or springs.
"Batch" means any waste which is generated less
frequently than once a month.
"Battery" means a device consisting of one or more
electrically connected electrochemical cells which is designed
to receive, store, and deliver electric energy. An
electrochemical cell is a system consisting of an anode,
cathode, and an electrolyte, plus such connections (electrical
and mechanical) as may be needed to allow the cell to deliver
or receive electrical energy. The term battery also includes
an intact, unbroken battery from which the electrolyte has
been removed.
"Berm" means the shoulder of a dike.
"Boiler" means an enclosed device using controlled flame
combustion and having the following characteristics:
The unit must have physical provisions for recovering and
exporting thermal energy in the form of steam, heated fluids,
or heated gases; and
The unit's combustion chamber and primary energy recovery
section(s) must be of integral design. To be of integral
design, the combustion chamber and the primary energy recovery
section(s) (such as waterwalls and superheaters) must be
physically formed into one manufactured or assembled unit. A
unit in which the combustion chamber and the primary energy
recovery section(s) are joined only by ducts or connections
carrying flue gas is not integrally designed; however,
secondary energy recovery equipment (such as economizers or
air preheaters) need not be physically formed into the same
unit as the combustion chamber and the primary energy recovery
section. The following units are not precluded from being
boilers solely because they are not of integral design:
Process heaters (units that transfer energy directly to a
process stream), and fluidized bed combustion units; and
While in operation, the unit must maintain a thermal
energy recovery efficiency of at least sixty percent,
calculated in terms of the recovered energy compared with the
thermal value of the fuel; and
The unit must export and utilize at least seventy-five
percent of the recovered energy, calculated on an annual
basis. In this calculation, no credit will be given for
recovered heat used internally in the same unit. (Examples of
internal use are the preheating of fuel or combustion air, and
the driving of induced or forced draft fans or feedwater
pumps); or
The unit is one which the department has determined, on a
case-by-case basis, to be a boiler, after considering the
standards in WAC 173-303-017(6).
"By-product" means a material that is not one of the
primary products of a production process and is not solely or
separately produced by the production process. Examples are
process residues such as slags or distillation column bottoms.
The term does not include a coproduct that is produced for
the general public's use and is ordinarily used in the form it
is produced by the process.
"Carbon regeneration unit" means any enclosed thermal
treatment device used to regenerate spent activated carbon.
"Carcinogenic" means a material known to contain a
substance which has sufficient or limited evidence as a human
or animal carcinogen as listed in both IARC and either IRIS or
HEAST.
"Cathode ray tube" or "CRT" means a vacuum tube, composed
primarily of glass, which is the visual or video display
component of an electronic device. A used, intact CRT means a
CRT whose vacuum has not been released. A used, broken CRT
means glass removed from its housing or casing whose vacuum
has been released.
"Chemical agents and chemical munitions" are defined as
in 50 U.S.C. section 1521 (j)(1).
"Cleanup-only facility" means a site, including any
contiguous property owned or under the control of the owner or
operator of the site, where the owner or operator is or will
be treating, storing, or disposing of remediation waste,
including dangerous remediation waste, and is not, has not and
will not be treating, storing or disposing of dangerous waste
that is not remediation waste. A cleanup-only facility is not
a "facility" for purposes of corrective action under WAC 173-303-646.
"Closed portion" means that portion of a facility which
an owner or operator has closed, in accordance with the
approved facility closure plan and all applicable closure
requirements.
"Closure" means the requirements placed upon all TSD
facilities to ensure that all such facilities are closed in an
acceptable manner (see also "post-closure").
"Commercial chemical product or manufacturing chemical
intermediate" refers to a chemical substance which is
manufactured or formulated for commercial or manufacturing use
which consists of the commercially pure grade of the chemical,
any technical grades of the chemical that are produced or
marketed, and all formulations in which the chemical is the
sole active ingredient.
"Commercial fertilizer" means any substance containing
one or more recognized plant nutrients and which is used for
its plant nutrient content and/or which is designated for use
or claimed to have value in promoting plant growth, and
includes, but is not limited to, limes, gypsum, and
manipulated animal manures and vegetable compost. The
commercial fertilizer must be registered with the state or
local agency regulating the fertilizer in the locale in which
the fertilizer is being sold or applied.
"Compliance procedure" means any proceedings instituted
pursuant to the Hazardous Waste Management Act as amended in
1980 and 1983, and chapter 70.105A RCW, or regulations issued
under authority of state law, which seeks to require
compliance, or which is in the nature of an enforcement action
or an action to cure a violation. A compliance procedure
includes a notice of intention to terminate a permit pursuant
to WAC 173-303-830(5), or an application in the state superior
court for appropriate relief under the Hazardous Waste
Management Act. A compliance procedure is considered to be
pending from the time a notice of violation or of intent to
terminate a permit is issued or judicial proceedings are
begun, until the department notifies the owner or operator in
writing that the violation has been corrected or that the
procedure has been withdrawn or discontinued.
"Component" means either the tank or ancillary equipment
of a tank system.
"Constituent" or "dangerous waste constituent" means a
chemically distinct component of a dangerous waste stream or
mixture.
"Container" means any portable device in which a material
is stored, transported, treated, disposed of, or otherwise
handled.
"Containment building" means a hazardous waste management
unit that is used to store or treat hazardous waste under the
provisions of WAC 173-303-695.
"Contingency plan" means a document setting out an
organized, planned, and coordinated course of action to be
followed in case of a fire, explosion, or release of dangerous
waste or dangerous waste constituents which could threaten
human health or environment.
"Contract" means the written agreement signed by the
department and the state operator.
"Corrosion expert" means a person who, by reason of his
knowledge of the physical sciences and the principles of
engineering and mathematics, acquired by a professional
education and related practical experience, is qualified to
engage in the practice of corrosion control on buried or
submerged metal piping systems and metal tanks. Such a person
must be certified as being qualified by the National
Association of Corrosion Engineers (NACE) or be a registered
professional engineer who has certification or licensing that
includes education and experience in corrosion control on
buried or submerged metal piping systems and metal tanks.
"CRT collector" means a person who receives CRTs for
recycling, repair, resale, or donation.
"CRT glass manufacturer" means an operation or part of an
operation that uses a furnace to manufacture CRT glass.
"CRT processing" means conducting all of the following
activities:
• Receiving broken or intact CRTs; and
• Intentionally breaking intact CRTs or further breaking
or separating broken CRTs; and
• Sorting or otherwise managing glass removed from CRT
monitors.
"Dangerous waste constituents" means those constituents
listed in WAC 173-303-9905 and any other constituents that
have caused a waste to be a dangerous waste under this
chapter.
"Dangerous waste management unit" is a contiguous area of
land on or in which dangerous waste is placed, or the largest
area in which there is a significant likelihood of mixing
dangerous waste constituents in the same area. Examples of
dangerous waste management units include a surface
impoundment, a waste pile, a land treatment area, a landfill
cell, an incinerator, a tank and its associated piping and
underlying containment system and a container storage area. A
container alone does not constitute a unit; the unit includes
containers and the land or pad upon which they are placed.
"Dangerous wastes" means those solid wastes designated in
WAC 173-303-070 through 173-303-100 as dangerous, or extremely
hazardous or mixed waste. As used in this chapter, the words
"dangerous waste" will refer to the full universe of wastes
regulated by this chapter. The abbreviation "DW" will refer
only to that part of the regulated universe which is not
extremely hazardous waste. (See also "extremely hazardous
waste," "hazardous waste," and "mixed waste" definitions.)
"Debris" means solid material exceeding a 60 mm particle
size that is intended for disposal and that is: A
manufactured object; or plant or animal matter; or natural
geologic material. However, the following materials are not
debris: Any material for which a specific treatment standard
is provided in 40 CFR Part 268 Subpart D (incorporated by
reference in WAC 173-303-140 (2)(a)); process residuals such
as smelter slag and residues from the treatment of waste,
wastewater, sludges, or air emission residues; and intact
containers of hazardous waste that are not ruptured and that
retain at least seventy-five percent of their original volume.
A mixture of debris that has not been treated to the
standards provided by 40 CFR 268.45 and other material is
subject to regulation as debris if the mixture is comprised
primarily of debris, by volume, based on visual inspection.
"Department" means the department of ecology.
"Dermal LD50" means the single dosage in milligrams per
kilogram (mg/kg) body weight which, when dermally (skin)
applied for 24 hours, within 14 days kills half of a group of
ten rabbits each weighing between 2.0 and 3.0 kilograms.
"Designated facility" means a dangerous waste treatment,
storage, or disposal facility that has received a permit (or
interim status) in accordance with the requirements of this
chapter, has received a permit (or interim status) from
another state authorized in accordance with 40 CFR Part 271,
has received a permit (or interim status) from EPA in
accordance with 40 CFR Part 270, has a permit by rule under
WAC 173-303-802(5), or is regulated under WAC 173-303-120
(4)(c) or 173-303-525 when the dangerous waste is to be
recycled, and that has been designated on the manifest
pursuant to WAC 173-303-180(1). If a waste is destined to a
facility in an authorized state that has not yet obtained
authorization to regulate that particular waste as dangerous,
then the designated facility must be a facility allowed by the
receiving state to accept such waste. The following are
designated facilities only for receipt of state-only waste;
they cannot receive federal hazardous waste from off-site:
Facilities operating under WAC 173-303-500 (2)(c).
"Designation" is the process of determining whether a
waste is regulated under the dangerous waste lists, WAC 173-303-080 through 173-303-082; or characteristics, WAC 173-303-090; or criteria, WAC 173-303-100. The procedures for
designating wastes are in WAC 173-303-070. A waste that has
been designated as a dangerous waste may be either DW or EHW.
"Destination facility" means a facility that treats,
disposes of, or recycles a particular category of universal
waste, except those management activities described in WAC 173-303-573 (9)(a), (b) and (c) and 173-303-573 (20)(a), (b)
and (c). A facility at which a particular category of
universal waste is only accumulated, is not a destination
facility for purposes of managing that category of universal
waste.
"Dike" means an embankment or ridge of natural or
man-made materials used to prevent the movement of liquids,
sludges, solids, or other substances.
"Dioxins and furans (D/F)" means tetra, penta, hexa,
hepta, and octa-chlorinated dibenzo dioxins and furans.
"Director" means the director of the department of
ecology or his designee.
"Discharge" or "dangerous waste discharge" means the
accidental or intentional release of hazardous substances,
dangerous waste or dangerous waste constituents such that the
substance, waste or a waste constituent may enter or be
emitted into the environment.
"Disposal" means the discharging, discarding, or
abandoning of dangerous wastes or the treatment,
decontamination, or recycling of such wastes once they have
been discarded or abandoned. This includes the discharge of
any dangerous wastes into or on any land, air, or water.
"Domestic sewage" means untreated sanitary wastes that
pass through a sewer system to a publicly owned treatment
works (POTW) for treatment.
"Draft permit" means a document prepared under WAC 173-303-840 indicating the department's tentative decision to
issue or deny, modify, revoke and reissue, or terminate a
permit. A notice of intent to terminate or deny a permit are
types of draft permits. A denial of a request for
modification, revocation and reissuance, or termination as
discussed in WAC 173-303-830 is not a draft permit.
"Drip pad" is an engineered structure consisting of a
curbed, free-draining base, constructed of nonearthen
materials and designed to convey preservative kick-back or
drippage from treated wood, precipitation, and surface water
run-on to an associated collection system at wood preserving
plants.
"Elementary neutralization unit" means a device which:
Is used for neutralizing wastes which are dangerous
wastes only because they exhibit the corrosivity
characteristics defined in WAC 173-303-090 or are listed in
WAC 173-303-081, or in 173-303-082 only for this reason; and
Meets the definition of tank, tank system, container,
transport vehicle, or vessel.
"Enforceable document" means an order, consent decree,
plan or other document that meets the requirements of 40 CFR
271.16(e) and is issued by the director to apply alternative
requirements for closure, post-closure, ground water
monitoring, corrective action or financial assurance under WAC 173-303-610 (1)(d), 173-303-645 (1)(e), or 173-303-620 (8)(d)
or, as incorporated by reference at WAC 173-303-400, 40 CFR
265.90(f), 265.110(d), or 265.140(d). Enforceable documents
include, but are not limited to, closure plans and
post-closure plans, permits issued under chapter 70.105 RCW,
orders issued under chapter 70.105 RCW and orders and consent
decrees issued under chapter 70.105D RCW.
"Environment" means any air, land, water, or ground
water.
"EPA/state identification number" or "EPA/state ID#"
means the number assigned by EPA or by the department of
ecology to each generator, transporter, and TSD facility.
"Existing tank system" or "existing component" means a
tank system or component that is used for the storage or
treatment of dangerous waste and that is in operation, or for
which installation has commenced on or prior to February 3,
1989. Installation will be considered to have commenced if
the owner or operator has obtained all federal, state, and
local approvals or permits necessary to begin physical
construction of the site or installation of the tank system
and if either:
A continuous on-site physical construction or
installation program has begun; or
The owner or operator has entered into contractual
obligations, which cannot be canceled or modified without
substantial loss, for physical construction of the site or
installation of the tank system to be completed within a
reasonable time.
"Excluded scrap metal" is processed scrap metal,
unprocessed home scrap metal, and unprocessed prompt scrap
metal.
"Existing TSD facility" means a facility which was in
operation or for which construction commenced on or before
November 19, 1980, for wastes designated by 40 CFR Part 261,
or August 9, 1982, for wastes designated only by this chapter
and not designated by 40 CFR Part 261. A facility has
commenced construction if the owner or operator has obtained
permits and approvals necessary under federal, state, and
local statutes, regulations, and ordinances and either:
A continuous on-site, physical construction program has
begun; or
The owner or operator has entered into contractual
obligation, which cannot be canceled or modified without
substantial loss, for physical construction of the facility to
be completed within a reasonable time.
"Explosives or munitions emergency" means a situation
involving the suspected or detected presence of unexploded
ordnance (UXO), damaged or deteriorated explosives or
munitions, an improvised explosive device (IED), other
potentially explosive material or device, or other potentially
harmful military chemical munitions or device, that creates an
actual or potential imminent threat to human health, including
safety, or the environment, including property, as determined
by an explosives or munitions emergency response specialist. Such situations may require immediate and expeditious action
by an explosives or munitions emergency response specialist to
control, mitigate, or eliminate the threat.
"Explosives or munitions emergency response" means all
immediate response activities by an explosives and munitions
emergency response specialist to control, mitigate, or
eliminate the actual or potential threat encountered during an
explosives or munitions emergency. An explosives or munitions
emergency response may include in-place render-safe
procedures, treatment or destruction of the explosives or
munitions and/or transporting those items to another location
to be rendered safe, treated, or destroyed. Any reasonable
delay in the completion of an explosives or munitions
emergency response caused by a necessary, unforeseen, or
uncontrollable circumstance will not terminate the explosives
or munitions emergency. Explosives and munitions emergency
responses can occur on either public or private lands and are
not limited to responses at RCRA facilities.
"Explosives or munitions emergency response specialist"
means an individual trained in chemical or conventional
munitions or explosives handling, transportation, render-safe
procedures, or destruction techniques. Explosives or
munitions emergency response specialists include Department of
Defense (DOD) emergency explosive ordnance disposal (EOD),
technical escort unit (TEU), and DOD-certified civilian or
contractor personnel; and other federal, state, or local
government, or civilian personnel similarly trained in
explosives or munitions emergency responses.
"Extremely hazardous waste" means those dangerous and
mixed wastes designated in WAC 173-303-100 as extremely
hazardous. The abbreviation "EHW" will be used in this
chapter to refer to those dangerous and mixed wastes which are
extremely hazardous. (See also "dangerous waste" and
"hazardous waste" definitions.)
"Facility" means:
• All contiguous land, and structures, other
appurtenances, and improvements on the land used for
recycling, reusing, reclaiming, transferring, storing,
treating, or disposing of dangerous waste. A facility may
consist of several treatment, storage, or disposal operational
units (for example, one or more landfills, surface
impoundments, or combination of them). Unless otherwise
specified in this chapter, the terms "facility," "treatment,
storage, disposal facility," "TSD facility," "dangerous waste
facility" or "waste management facility" are used
interchangeably.
• For purposes of implementing corrective action under
WAC 173-303-64620 or 173-303-64630, "facility" also means all
contiguous property under the control of an owner or operator
seeking a permit under chapter 70.105 RCW or chapter 173-303
WAC and includes the definition of facility at RCW 70.105D.020(4).
"Facility mailing list" means the mailing list for a
facility maintained by the department in accordance with WAC 173-303-840 (3)(e)(I)(D).
"Final closure" means the closure of all dangerous waste
management units at the facility in accordance with all
applicable closure requirements so that dangerous waste
management activities under WAC 173-303-400 and 173-303-600
through 173-303-670 are no longer conducted at the facility. Areas only subject to generator standards WAC 173-303-170
through 173-303-230 need not be included in final closure.
"Fish LC50" means the concentration that will kill fifty
percent of the exposed fish in a specified time period. For
book designation, LC50 data must be derived from an exposure
period greater than or equal to twenty-four hours. A
hierarchy of species LC50 data should be used that includes
(in decreasing order of preference) salmonids, fathead minnows
(Pimephales promelas), and other fish species. For the
ninety-six-hour static acute fish toxicity test, described in
WAC 173-303-110 (3)(b)(i), coho salmon (Oncorhynchus kisutch),
rainbow trout (Oncorhynchus mykiss), or brook trout
(Salvelinus fontinalis) must be used.
"Food chain crops" means tobacco, crops grown for human
consumption, and crops grown to feed animals whose products
are consumed by humans.
"Freeboard" means the vertical distance between the top
of a tank or surface impoundment dike, and the surface of the
waste contained therein.
"Fugitive emissions" means the emission of contaminants
from sources other than the control system exit point. Material handling, storage piles, doors, windows and vents are
typical sources of fugitive emissions.
"Generator" means any person, by site, whose act or
process produces dangerous waste or whose act first causes a
dangerous waste to become subject to regulation.
"Genetic properties" means those properties which cause
or significantly contribute to mutagenic, teratogenic, or
carcinogenic effects in man or wildlife.
"Ground water" means water which fills voids below the
land surface and in the earth's crust.
"Halogenated organic compounds" (HOC) means any organic
compounds which, as part of their composition, include one or
more atoms of fluorine, chlorine, bromine, or iodine which
is/are bonded directly to a carbon atom. This definition does
not apply to the federal land disposal restrictions of 40 CFR
Part 268 which are incorporated by reference at WAC 173-303-140 (2)(a). Note: Additional information on HOCs may
be found in Chemical Testing Methods for Designating Dangerous
Waste, Ecology Publication #97-407.
"Hazardous debris" means debris that contains a hazardous
waste listed in WAC 173-303-9903 or 173-303-9904, or that
exhibits a characteristic of hazardous waste identified in WAC 173-303-090.
"Hazardous substances" means any liquid, solid, gas, or
sludge, including any material, substance, product, commodity,
or waste, regardless of quantity, that exhibits any of the
physical, chemical or biological properties described in WAC 173-303-090 or 173-303-100.
"Hazardous wastes" means those solid wastes designated by
40 CFR Part 261, and regulated as hazardous and/or mixed waste
by the United States EPA. This term will never be abbreviated
in this chapter to avoid confusion with the abbreviations "DW"
and "EHW." (See also "dangerous waste" and "extremely
hazardous waste" definitions.)
"Home scrap metal" is scrap metal as generated by steel
mills, foundries, and refineries such as turnings, cuttings,
punchings, and borings.
"Ignitable waste" means a dangerous waste that exhibits
the characteristic of ignitability described in WAC 173-303-090(5).
"Inactive portion" means that portion of a facility which
has not recycled, treated, stored, or disposed dangerous waste
after:
The effective date of the waste's designation, for wastes
designated under 40 CFR Part 261; and
March 10, 1982, for wastes designated only by this
chapter and not designated by 40 CFR Part 261.
"Inactive range" means a military range that is not
currently being used, but that is still under military control
and considered by the military to be a potential range area,
and that has not been put to a new use that is incompatible
with range activities.
"Incinerator" means any enclosed device that:
Uses controlled flame combustion and neither meets the
criteria for classification as a boiler, sludge dryer, or
carbon regeneration unit, nor is listed as an industrial
furnace; or
Meets the definition of infrared incinerator or plasma
arc incinerator.
"Incompatible waste" means a dangerous waste which is
unsuitable for placement in a particular device or facility
because it may corrode or decay the containment materials, or
is unsuitable for mixing with another waste or material
because the mixture might produce heat or pressure, fire or
explosion, violent reaction, toxic dusts, fumes, mists, or
gases, or flammable fumes or gases.
"Independent qualified registered professional engineer"
means a person who is licensed by the state of Washington, or
a state which has reciprocity with the state of Washington as
defined in RCW 18.43.100, and who is not an employee of the
owner or operator of the facility for which construction or
modification certification is required. A qualified
professional engineer is an engineer with expertise in the
specific area for which a certification is given.
"Industrial-furnace" means any of the following enclosed
devices that are integral components of manufacturing
processes and that use thermal treatment to accomplish
recovery of materials or energy: Cement kilns; lime kilns;
aggregate kilns; phosphate kilns; blast furnaces; smelting,
melting, and refining furnaces (including pyrometallurgical
devices such as cupolas, reverberator furnaces, sintering
machines, roasters and foundry furnaces); titanium dioxide
chloride process oxidation reactors; coke ovens; methane
reforming furnaces; combustion devices used in the recovery of
sulfur values from spent sulfuric acid; pulping liquor
recovery furnaces; combustion devices used in the recovery of
sulfur values from spent sulfuric acid; and halogen acid
furnaces (HAFs) for the production of acid from halogenated
dangerous waste generated by chemical production facilities
where the furnace is located on the site of a chemical
production facility, the acid product has a halogen acid
content of at least 3%, the acid product is used in a
manufacturing process, and, except for dangerous waste burned
as fuel, dangerous waste fed to the furnace has a minimum
halogen content of 20% as-generated. The department may
decide to add devices to this list on the basis of one or more
of the following factors:
The device is designed and used primarily to accomplish
recovery of material products;
The device burns or reduces secondary materials as
ingredients in an industrial process to make a material
product;
The device burns or reduces secondary materials as
effective substitutes for raw materials in processes using raw
materials as principal feedstocks;
The device burns or reduces raw materials to make a
material product;
The device is in common industrial use to produce a
material product; and
Other factors, as appropriate.
"Infrared incinerator" means any enclosed device that
uses electric powered resistance heaters as a source of
radiant heat followed by an afterburner using controlled flame
combustion and which is not listed as an industrial furnace.
"Inground tank" means a device meeting the definition of
"tank" in this section whereby a portion of the tank wall is
situated to any degree within the ground, thereby preventing
visual inspection of that external surface area of the tank
that is in the ground.
"Inner liner" means a continuous layer of material placed
inside a tank or container which protects the construction
materials of the tank or container from the waste or reagents
used to treat the waste.
"Installation inspector" means a person who, by reason of
his knowledge of the physical sciences and the principles of
engineering, acquired by a professional education and related
practical experience, is qualified to supervise the
installation of tank systems.
"Interim status permit" means a temporary permit given to
TSD facilities which qualify under WAC 173-303-805.
"Knowledge" means sufficient information about a waste to
reliably substitute for direct testing of the waste. To be
sufficient and reliable, the "knowledge" used must provide
information necessary to manage the waste in accordance with
the requirements of this chapter.
Note:
"Knowledge" may be used by itself or in combination with testing to designate a waste pursuant to WAC 173-303-070
(3)(c), or to obtain a detailed chemical, physical, and/or biological analysis of a waste as required in WAC 173-303-300(2).
"Lamp," also referred to as "universal waste lamp" means
any type of high or low pressure bulb or tube portion of an
electric lighting device that generates light through the
discharge of electricity either directly or indirectly as
radiant energy. Universal waste lamps include, but are not
limited to, fluorescent, mercury vapor, metal halide,
high-pressure sodium and neon. As a reference, it may be
assumed that four, four-foot, one-inch diameter unbroken
fluorescent tubes are equal to 2.2 pounds in weight.
"Land disposal" means placement in or on the land, except
in a corrective action management unit or staging pile, and
includes, but is not limited to, placement in a landfill,
surface impoundment, waste pile, injection well, land
treatment facility, salt dome formation, salt bed formation,
underground mine or cave, or placement in a concrete vault, or
bunker intended for disposal purposes.
"Landfill" means a disposal facility, or part of a
facility, where dangerous waste is placed in or on land and
which is not a pile, a land treatment facility, a surface
impoundment, or an underground injection well, a salt dome
formation, a salt bed formation, an underground mine, a cave,
or a corrective action management unit.
"Land treatment" means the practice of applying dangerous
waste onto or incorporating dangerous waste into the soil
surface so that it will degrade or decompose. If the waste
will remain after the facility is closed, this practice is
disposal.
"Large quantity handler of universal waste" means a
universal waste handler (as defined in this section) who
accumulates 11,000 pounds or more total of universal waste
(batteries, thermostats, mercury-containing equipment, and
lamps calculated collectively) and/or who accumulates more
than 2,200 pounds of lamps at any time. This designation as a
large quantity handler of universal waste is retained through
the end of the calendar year in which 11,000 pounds or more
total of universal waste and/or 2,200 pounds of lamps is
accumulated.
"Leachable inorganic waste" means solid dangerous waste
(i.e., passes paint filter test) that is not an
organic/carbonaceous waste and exhibits the toxicity
characteristic (dangerous waste numbers D004 to D011, only)
under WAC 173-303-090(8).
"Leachate" means any liquid, including any components
suspended in the liquid, that has percolated through or
drained from dangerous waste.
"Leak-detection system" means a system capable of
detecting the failure of either the primary or secondary
containment structure or the presence of a release of
dangerous waste or accumulated liquid in the secondary
containment structure. Such a system must employ operational
controls (e.g., daily visual inspections for releases into the
secondary containment system of aboveground tanks) or consist
of an interstitial monitoring device designed to detect
continuously and automatically the failure of the primary or
secondary containment structure or the presence of a release
of dangerous waste into the secondary containment structure.
"Legal defense costs" means any expenses that an insurer
incurs in defending against claims of third parties brought
under the terms and conditions of an insurance policy.
"Liner" means a continuous layer of man-made or natural
materials which restrict the escape of dangerous waste,
dangerous waste constituents, or leachate through the sides,
bottom, or berms of a surface impoundment, waste pile, or
landfill.
"Major facility" means a facility or activity classified
by the department as major.
"Manifest" means the shipping document, prepared in
accordance with the requirements of WAC 173-303-180, which is
used to identify the quantity, composition, origin, routing,
and destination of a dangerous waste while it is being
transported to a point of transfer, disposal, treatment, or
storage.
"Manufacturing process unit" means a unit which is an
integral and inseparable portion of a manufacturing operation,
processing a raw material into a manufacturing intermediate or
finished product, reclaiming spent materials or reconditioning
components.
"Marine terminal operator" means a person engaged in the
business of furnishing wharfage, dock, pier, warehouse,
covered and/or open storage spaces, cranes, forklifts, bulk
loading and/or unloading structures and landings in connection
with a highway or rail carrier and a water carrier. A marine
terminal operator includes, but is not limited to, terminals
owned by states and their political subdivisions; railroads
who perform port terminal services not covered by their line
haul rates; common carriers who perform port terminal
services; and warehousemen and stevedores who operate port
terminal facilities.
"Mercury-containing equipment" means a device or part of
a device (excluding batteries, thermostats, and lamps) that
contains elemental mercury necessary for its operation.
Examples of mercury-containing equipment include thermometers,
manometers, and electrical switches.
"Micronutrient fertilizer" means a produced or imported
commercial fertilizer that contains commercially valuable
concentrations of micronutrients but does not contain
commercially valuable concentrations of nitrogen, phosphoric
acid, available phosphorous, potash, calcium, magnesium, or
sulfur. Micronutrients are boron, chlorine, cobalt, copper,
iron, manganese, molybdenum, sodium, and zinc.
"Military" means the Department of Defense (DOD), the
Armed Services, Coast Guard, National Guard, Department of
Energy (DOE), or other parties under contract or acting as an
agent for the foregoing, who handle military munitions.
"Military munitions" means all ammunition products and
components produced or used by or for the U.S. Department of
Defense or the U.S. Armed Services for national defense and
security, including military munitions under the control of
the Department of Defense, the U.S. Coast Guard, the U.S.
Department of Energy (DOE), and National Guard personnel. The
term military munitions includes: Confined gaseous, liquid,
and solid propellants, explosives, pyrotechnics, chemical and
riot control agents, smokes, and incendiaries used by DOD
components, including bulk explosives and chemical warfare
agents, chemical munitions, rockets, guided and ballistic
missiles, bombs, warheads, mortar rounds, artillery
ammunition, small arms ammunition, grenades, mines, torpedoes,
depth charges, cluster munitions and dispensers, demolition
charges, and devices and components thereof. Military
munitions do not include wholly inert items, improvised
explosive devices, and nuclear weapons, nuclear devices, and
nuclear components thereof. However, the term does include
nonnuclear components of nuclear devices, managed under DOE's
nuclear weapons program after all required sanitization
operations under the Atomic Energy Act of 1954, as amended,
have been completed.
"Military range" means designated land and water areas
set aside, managed, and used to conduct research on, develop,
test, and evaluate military munitions and explosives, other
ordnance, or weapon systems, or to train military personnel in
their use and handling. Ranges include firing lines and
positions, maneuver areas, firing lanes, test pads, detonation
pads, impact areas, and buffer zones with restricted access
and exclusionary areas.
"Miscellaneous unit" means a dangerous waste management
unit where dangerous waste is treated, stored, or disposed of
and that is not a container, tank, surface impoundment, pile,
land treatment unit, landfill, incinerator, boiler, industrial
furnace, underground injection well with appropriate technical
standards under 40 CFR Part 146, containment building,
corrective action management unit, temporary unit, staging
pile, or unit eligible for a research, development, and
demonstration permit under WAC 173-303-809.
"Mixed waste" means a dangerous, extremely hazardous, or
acutely hazardous waste that contains both a nonradioactive
hazardous component and, as defined by 10 CFR 20.1003, source,
special nuclear, or by-product material subject to the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et seq.).
"New tank system" or "new tank component" means a tank
system or component that will be used for the storage or
treatment of dangerous waste and for which installation has
commenced after February 3, 1989; except, however, for
purposes of WAC 173-303-640 (4)(g)(ii) and 40 CFR 265.193
(g)(2) as adopted by reference in WAC 173-303-400(3), a new
tank system is one for which construction commences after
February 3, 1989. (See also "existing tank system.")
"New TSD facility" means a facility which began operation
or for which construction commenced after November 19, 1980,
for wastes designated by 40 CFR Part 261, or August 9, 1982,
for wastes designated only by this chapter and not designated
by 40 CFR Part 261.
"NIOSH registry" means the registry of toxic effects of
chemical substances which is published by the National
Institute for Occupational Safety and Health.
"Nonsudden accident" or "nonsudden accidental occurrence"
means an unforeseen and unexpected occurrence which takes
place over time and involves continuous or repeated exposure.
"Occurrence" means an accident, including continuous or
repeated exposure to conditions, which results in bodily
injury or property damage which the owner or operator neither
expected nor intended to occur.
"Off-specification used oil fuel" means used oil fuel
that exceeds any specification level described in Table 1 in
WAC 173-303-515.
"Onground tank" means a device meeting the definition of
"tank" in this section and that is situated in such a way that
the bottom of the tank is on the same level as the adjacent
surrounding surface so that the external tank bottom cannot be
visually inspected.
"On-site" means the same or geographically contiguous
property which may be divided by public or private right of
way, provided that the entrance and exit between the
properties is at a cross-roads intersection, and access is by
crossing as opposed to going along the right of way. Noncontiguous properties owned by the same person but
connected by a right of way which they control and to which
the public does not have access, are also considered on-site
property.
"Operator" means the person responsible for the overall
operation of a facility. (See also "state operator.")
"Oral LD50" means the single dosage in milligrams per
kilogram (mg/kg) body weight, when orally administered, which,
within 14 days, kills half a group of ten or more white rats
each weighing between 200 and 300 grams.
"Organic/carbonaceous waste" means a dangerous waste that
contains combined concentrations of greater than ten percent
organic/carbonaceous constituents in the waste;
organic/carbonaceous constituents are those substances that
contain carbon-hydrogen, carbon-halogen, or carbon-carbon
chemical bonding.
"Partial closure" means the closure of a dangerous waste
management unit in accordance with the applicable closure
requirements of WAC 173-303-400 and 173-303-600 through
173-303-695 at a facility that contains other active dangerous
waste management units. For example, partial closure may
include the closure of a tank (including its associated piping
and underlying containment systems), landfill cell, surface
impoundment, waste pile, or other dangerous waste management
unit, while other units of the same facility continue to
operate.
"Permit" means an authorization which allows a person to
perform dangerous waste transfer, storage, treatment, or
disposal operations, and which typically will include specific
conditions for such facility operations. Permits must be
issued by one of the following:
The department, pursuant to this chapter;
United States EPA, pursuant to 40 CFR Part 270; or
Another state authorized by EPA, pursuant to 40 CFR Part
271.
"Permit-by-rule" means a provision of this chapter
stating that a facility or activity is deemed to have a
dangerous waste permit if it meets the requirements of the
provision.
"Persistence" means the quality of a material that
retains more than half of its initial activity after one year
(365 days) in either a dark anaerobic or dark aerobic
environment at ambient conditions. Persistent compounds are
either halogenated organic compounds (HOC) or polycyclic
aromatic hydrocarbons (PAH) as defined in this section.
"Person" means any person, firm, association, county,
public or municipal or private corporation, agency, or other
entity whatsoever.
"Pesticide" means but is not limited to: Any substance
or mixture of substances intended to prevent, destroy,
control, repel, or mitigate any insect, rodent, nematode,
mollusk, fungus, weed, and any other form of plant or animal
life, or virus (except virus on or in living man or other
animal) which is normally considered to be a pest or which the
department of agriculture may declare to be a pest; any
substance or mixture of substances intended to be used as a
plant regulator, defoliant, or desiccant; any substance or
mixture of substances intended to be used as spray adjuvant;
and, any other substance intended for such use as may be named
by the department of agriculture by regulation. Herbicides,
fungicides, insecticides, and rodenticides are pesticides for
the purposes of this chapter.
"Pile" means any noncontainerized accumulation of solid,
nonflowing dangerous waste that is used for treatment or
storage.
"Plasma arc incinerator" means any enclosed device using
a high intensity electrical discharge or arc as a source of
heat followed by an afterburner using controlled flame
combustion and which is not listed as an industrial furnace.
"Point source" means any confined and discrete conveyance
from which pollutants are or may be discharged. This term
includes, but is not limited to, pipes, ditches, channels,
tunnels, wells, cracks, containers, rolling stock,
concentrated animal feeding operations, or watercraft, but
does not include return flows from irrigated agriculture.
"Polycyclic aromatic hydrocarbons" (PAH) means those
hydrocarbon molecules composed of two or more fused benzene
rings. For purposes of this chapter, the PAHs of concern for
designation are: Acenaphthene, acenaphthylene, fluorene,
anthracene, fluoranthene, phenanthrene, benzo(a)anthracene,
benzo(b)fluoranthene, benzo(k)fluoranthene, pyrene, chrysene,
benzo(a)pyrene, dibenz(a,h)anthracene,
indeno(1,2,3-c,d)pyrene, benzo(g,h,i)perylene, dibenzo [(a,e),
(a,h), (a,i), and (a,1)] pyrenes, and dibenzo(a,j) acridine.
"Post-closure" means the requirements placed upon
disposal facilities (e.g., landfills, impoundments closed as
disposal facilities, etc.) after closure to ensure their
environmental safety for a number of years after closure. (See also "closure.")
"Processed scrap metal" is scrap metal that has been
manually or physically altered to either separate it into
distinct materials to enhance economic value or to improve the
handling of materials. Processed scrap metal includes, but is
not limited to, scrap metal which has been baled, shredded,
sheared, chopped, crushed, flattened, cut, melted, or
separated by metal type (that is, sorted), and fines, drosses
and related materials that have been agglomerated. Note:
Shredded circuit boards being sent for recycling are not
considered processed scrap metal. They are covered under the
exclusion from the definition of solid waste for shredded
circuit boards being recycled (WAC 173-303-071 (3)(gg)).
"Prompt scrap metal" is scrap metal as generated by the
metal working/fabrication industries and includes such scrap
metal as turnings, cuttings, punchings, and borings. Prompt
scrap is also known as industrial or new scrap metal.
"Publicly owned treatment works" or "POTW" means any
device or system, owned by the state or a municipality, which
is used in the treatment, recycling, or reclamation of
municipal sewage or liquid industrial wastes. This term
includes sewers, pipes, or other conveyances only if they
convey wastewater to a POTW.
"Qualified ground water scientist" means a scientist or
engineer who has received a baccalaureate or post-graduate
degree in the natural sciences or engineering, and has
sufficient training and experience in ground water hydrology
and related fields to make sound professional judgments
regarding ground water monitoring and contaminant fate and
transport. Sufficient training and experience may be
demonstrated by state registration, professional
certifications, or completion of accredited university
courses.
"Reactive waste" means a dangerous waste that exhibits
the characteristic of reactivity described in WAC 173-303-090(7).
"Reclaim" means to process a material in order to recover
useable products, or to regenerate the material. Reclamation
is the process of reclaiming.
"Recover" means extract a useable material from a solid
or dangerous waste through a physical, chemical, biological,
or thermal process. Recovery is the process of recovering.
"Recycle" means to use, reuse, or reclaim a material.
"Recycling unit" is a contiguous area of land, structures
and equipment where materials designated as dangerous waste or
used oil are placed or processed in order to recover useable
products or regenerate the original materials. For the
purposes of this definition, "placement" does not mean
"storage" when conducted within the provisions of WAC 173-303-120(4). A container, tank, or processing equipment
alone does not constitute a unit; the unit includes
containers, tanks or other processing equipment, their
ancillary equipment and secondary containment system, and the
land upon which they are placed.
"Registration number" means the number assigned by the
department of ecology to a transporter who owns or leases and
operates a ten-day transfer facility within Washington state.
"Regulated unit" means any new or existing surface
impoundment, landfill, land treatment area or waste pile that
receives any dangerous waste after:
July 26, 1982, for wastes regulated by 40 CFR Part 261;
October 31, 1984 for wastes designated only by this
chapter and not regulated by 40 CFR Part 261; or
The date six months after a waste is newly identified by
amendments to 40 CFR Part 261 or this chapter which cause the
waste to be regulated.
"Release" means any intentional or unintentional
spilling, leaking, pouring, emitting, emptying, discharging,
injecting, pumping, escaping, leaching, dumping, or disposing
of dangerous wastes, or dangerous constituents as defined at
WAC 173-303-64610(4), into the environment and includes the
abandonment or discarding of barrels, containers, and other
receptacles containing dangerous wastes or dangerous
constituents and includes the definition of release at RCW 70.105D.020(20).
"Remediation waste" means all solid and dangerous wastes,
and all media (including ground water, surface water, soils,
and sediments) and debris, that are managed for implementing
cleanup.
"Replacement unit" means a landfill, surface impoundment,
or waste pile unit from which all or substantially all of the
waste is removed, and that is subsequently reused to treat,
store, or dispose of dangerous waste. "Replacement unit" does
not apply to a unit from which waste is removed during
closure, if the subsequent reuse solely involves the disposal
of waste from that unit and other closing units or corrective
action areas at the facility, in accordance with an approved
closure plan or EPA or state approved corrective action.
"Representative sample" means a sample which can be
expected to exhibit the average properties of the sample
source.
"Reuse or use" means to employ a material either:
As an ingredient (including use as an intermediate) in an
industrial process to make a product (for example,
distillation bottoms from one process used as feedstock in
another process). However, a material will not satisfy this
condition if distinct components of the material are recovered
as separate end products (as when metals are recovered from
metal-containing secondary materials); or
In a particular function or application as an effective
substitute for a commercial product (for example, spent pickle
liquor used as phosphorous precipitant and sludge conditioner
in wastewater treatment).
"Runoff" means any rainwater, leachate, or other liquid
which drains over land from any part of a facility.
"Run-on" means any rainwater, leachate, or other liquid
which drains over land onto any part of a facility.
"Satellite accumulation area" means a location at or near
any point of generation where hazardous waste is initially
accumulated in containers (during routine operations) prior to
consolidation at a designated ninety-day accumulation area or
storage area. The area must be under the control of the
operator of the process generating the waste or secured at all
times to prevent improper additions of wastes into the
satellite containers.
"Schedule of compliance" means a schedule of remedial
measures in a permit including an enforceable sequence of
interim requirements leading to compliance with this chapter.
"Scrap metal" means bits and pieces of metal parts (e.g.,
bars, turnings, rods, sheets, wire) or metal pieces that may
be combined together with bolts or soldering (e.g., radiators,
scrap automobiles, railroad box cars), which when worn or
superfluous can be recycled.
"Sludge" means any solid, semisolid, or liquid waste
generated from a municipal, commercial, or industrial
wastewater treatment plant, water supply treatment plant, or
air pollution control facility. This term does not include
the treated effluent from a wastewater treatment plant.
"Sludge dryer" means any enclosed thermal treatment
device that is used to dehydrate sludge and that has a maximum
total thermal input, excluding the heating value of the sludge
itself, of 2,500 Btu/lb of sludge treated on a wet-weight
basis.
"Small quantity handler of universal waste" means a
universal waste handler (as defined in this section) who does
not accumulate 11,000 pounds or more total of universal waste
(batteries, thermostats, mercury-containing equipment, and
lamps, calculated collectively) and/or who does not accumulate
more than 2,200 pounds of lamps at any time.
"Solid acid waste" means a dangerous waste that exhibits
the characteristic of low pH under the corrosivity tests of
WAC 173-303-090 (6)(a)(iii).
"Solid waste management unit" or "SWMU" means any
discernible location at a facility, as defined for the
purposes of corrective action, where solid wastes have been
placed at any time, irrespective of whether the location was
intended for the management of solid or dangerous waste. Such
locations include any area at a facility at which solid
wastes, including spills, have been routinely and
systematically released. Such units include regulated units
as defined by chapter 173-303 WAC.
"Sorbent" means a material that is used to soak up free
liquids by either adsorption or absorption, or both. Sorb
means to either adsorb or absorb, or both.
"Special incinerator ash" means ash residues resulting
from the operation of incineration or energy recovery
facilities managing municipal solid waste from residential,
commercial and industrial establishments, if the ash residues
are designated as dangerous waste only by this chapter and not
designated as hazardous waste by 40 CFR Part 261.
"Special waste" means any state-only dangerous waste that
is solid only (nonliquid, nonaqueous, nongaseous), that is:
Corrosive waste (WAC 173-303-090 (6)(b)(ii)), toxic waste that
has Category D toxicity (WAC 173-303-100(5)), PCB waste (WAC 173-303-9904 under State Sources), or persistent waste that is
not EHW (WAC 173-303-100(6)). Any solid waste that is
regulated by the United States EPA as hazardous waste cannot
be a special waste.
"Spent material" means any material that has been used
and as a result of contamination can no longer serve the
purpose for which it was produced without processing.
"Stabilization" and "solidification" means a technique
that limits the solubility and mobility of dangerous waste
constituents. Solidification immobilizes a waste through
physical means and stabilization immobilizes the waste by
bonding or chemically reacting with the stabilizing material.
"Staging pile" means an accumulation of solid,
nonflowing, remediation waste that is not a containment
building or a corrective action management unit and that is
used for temporary storage of remediation waste for
implementing corrective action under WAC 173-303-646 or other
clean up activities.
"State-only dangerous waste" means a waste designated
only by this chapter, chapter 173-303 WAC, and is not
regulated as a hazardous waste under 40 CFR Part 261.
"State operator" means the person responsible for the
overall operation of the state's extremely hazardous waste
facility on the Hanford Reservation.
"Storage" means the holding of dangerous waste for a
temporary period. "Accumulation" of dangerous waste, by the
generator on the site of generation, is not storage as long as
the generator complies with the applicable requirements of WAC 173-303-200 and 173-303-201.
"Sudden accident" means an unforeseen and unexpected
occurrence which is not continuous or repeated in nature.
"Sump" means any pit or reservoir that meets the
definition of tank and those troughs/trenches connected to it
that serves to collect dangerous waste for transport to
dangerous waste storage, treatment, or disposal facilities;
except that as used in the landfill, surface impoundment, and
waste pile rules, "sump" means any lined pit or reservoir that
serves to collect liquids drained from a leachate collection
and removal system or leak detection system for subsequent
removal from the system.
"Surface impoundment" means a facility or part of a
facility which is a natural topographic depression, man-made
excavation, or diked area formed primarily of earthen
materials (although it may be lined with man-made materials),
and which is designed to hold an accumulation of liquid
dangerous wastes or dangerous wastes containing free liquids. The term includes holding, storage, settling, and aeration
pits, ponds, or lagoons, but does not include injection wells.
"Tank" means a stationary device designed to contain an
accumulation of dangerous waste, and which is constructed
primarily of nonearthen materials to provide structural
support.
"Tank system" means a dangerous waste storage or
treatment tank and its associated ancillary equipment and
containment system.
"Temporary unit" means a tank or container that is not an
accumulation unit under WAC 173-303-200 and that is used for
temporary treatment or storage of remediation waste for
implementing corrective action under WAC 173-303-646 or other
clean up activities.
"TEQ" means toxicity equivalence, the international
method of relating the toxicity of various dioxin/furan
congeners to the toxicity of
2,3,7,8-tetrachlorodibenzo-p-dioxin.
"Thermal treatment" means the treatment of dangerous
waste in a device which uses elevated temperatures as the
primary means to change the chemical, physical, or biological
character or composition of the dangerous waste. Examples of
thermal treatment processes are incineration, molten salt,
pyrolysis, calcination, wet air oxidation, and microwave
discharge.
"Thermostat" means a temperature control device that
contains metallic mercury in an ampule attached to a bimetal
sensing element, and mercury-containing ampules that have been
removed from these temperature control devices in compliance
with the requirements of WAC 173-303-573 (9)(b)(ii) or
(20)(b)(ii).
"TLm96" means the same as "Aquatic LC50."
"Totally enclosed treatment facility" means a facility
for treating dangerous waste which is directly connected to a
production process and which prevents the release of dangerous
waste or dangerous waste constituents into the environment
during treatment.
"Toxic" means having the properties to cause or to
significantly contribute to death, injury, or illness of man
or wildlife.
"Transfer facility" means any transportation related
facility including loading docks, parking areas, storage
areas, buildings, piers, and other similar areas where
shipments of dangerous waste are held, consolidated, or
transferred within a period of ten days or less during the
normal course of transportation.
"Transport vehicle" means a motor vehicle, water vessel,
or rail car used for the transportation of cargo by any mode. Each cargo-carrying body (trailer, railroad freight car,
steamship, etc.) is a separate transport vehicle.
"Transportation" means the movement of dangerous waste by
air, rail, highway, or water.
"Transporter" means a person engaged in the off-site
transportation of dangerous waste.
"Travel time" means the period of time necessary for a
dangerous waste constituent released to the soil (either by
accident or intent) to enter any on-site or off-site aquifer
or water supply system.
"Treatability study" means a study in which a dangerous
waste is subjected to a treatment process to determine:
Whether the waste is amenable to the treatment process; what
pretreatment (if any) is required; the optimal process
conditions needed to achieve the desired treatment; the
efficiency of a treatment process for a specific waste or
wastes; or the characteristics and volumes of residuals from a
particular treatment process. Also included in this
definition for the purpose of the exemptions contained in WAC 173-303-071 (3)(r) and (s), are liner compatibility,
corrosion, and other material compatibility studies and
toxicological and health effects studies. A "treatability
study" is not a means to commercially treat or dispose of
dangerous waste.
"Treatment" means the physical, chemical, or biological
processing of dangerous waste to make such wastes nondangerous
or less dangerous, safer for transport, amenable for energy or
material resource recovery, amenable for storage, or reduced
in volume, with the exception of compacting, repackaging, and
sorting as allowed under WAC 173-303-400(2) and
173-303-600(3).
"Treatment zone" means a soil area of the unsaturated
zone of a land treatment unit within which dangerous wastes
are degraded, transformed or immobilized.
"Triple rinsing" means the cleaning of containers in
accordance with the requirements of WAC 173-303-160 (2)(b),
containers.
"Underground injection" means the subsurface emplacement
of fluids through a bored, drilled, or driven well, or through
a dug well, where the depth of the dug well is greater than
the largest surface dimension.
"Underground tank" means a device meeting the definition
of "tank" in this section whose entire surface area is totally
below the surface of and covered by the ground.
"Unexploded ordnance (UXO)" means military munitions that
have been primed, fused, armed, or otherwise prepared for
action, and have been fired, dropped, launched, projected, or
placed in such a manner as to constitute a hazard to
operations, installation, personnel, or material and remain
unexploded either by malfunction, design, or any other cause.
"Unfit-for-use tank system" means a tank system that has
been determined through an integrity assessment or other
inspection to be no longer capable of storing or treating
dangerous waste without posing a threat of release of
dangerous waste to the environment.
"Universal waste" means any of the following dangerous
wastes that are subject to the universal waste requirements of
WAC 173-303-573:
Mercury-containing equipment as described in WAC 173-303-573(4).
"Universal waste handler":
Means:
A generator (as defined in this section) of universal
waste; or
The owner or operator of a facility, including all
contiguous property, that receives universal waste from other
universal waste handlers, accumulates universal waste, and
sends universal waste to another universal waste handler, to a
destination facility, or to a foreign destination.
Does not mean:
A person who treats (except under the provisions of WAC 173-303-573 (9)(a), (b), or (c) or (20)(a), (b), or (c))
disposes of, or recycles universal waste; or
A person engaged in the off-site transportation of
universal waste by air, rail, highway, or water, including a
universal waste transfer facility.
"Universal waste transfer facility" means any
transportation-related facility including loading docks,
parking areas, storage areas and other similar areas where
shipments of universal waste are held during the normal course
of transportation for ten days or less.
"Universal waste transporter" means a person engaged in
the off-site transportation of universal waste by air, rail,
highway, or water.
"Unsaturated zone" means the zone between the land
surface and the water table.
"Uppermost aquifer" means the geological formation
nearest the natural ground surface that is capable of yielding
ground water to wells or springs. It includes lower aquifers
that are hydraulically interconnected with this aquifer within
the facility property boundary.
"Used oil" means any oil that has been refined from crude
oil, or any synthetic oil, that has been used and as a result
of such use is contaminated by physical or chemical
impurities.
"Vessel" includes every description of watercraft, used
or capable of being used as a means of transportation on the
water.
"Waste-derived fertilizer" means a commercial fertilizer
that is derived in whole or in part from solid waste as
defined in chapter 70.95 or 70.105 RCW, or rules adopted
thereunder, but does not include fertilizers derived from
biosolids or biosolid products regulated under chapter 70.95J RCW or wastewaters regulated under chapter 90.48 RCW.
"Wastewater treatment unit" means a device that:
Is part of a wastewater treatment facility which is
subject to regulation under either:
Section 402 or section 307(b) of the Federal Clean Water
Act; or
Chapter 90.48 RCW, State Water Pollution Control Act,
provided that the waste treated at the facility is a
state-only dangerous waste; and
Handles dangerous waste in the following manner:
Receives and treats or stores an influent wastewater; or
Generates and accumulates or treats or stores a
wastewater treatment sludge; and
Meets the definition of tank or tank system in this
section.
"Water or rail (bulk shipment)" means the bulk
transportation of dangerous waste which is loaded or carried
on board a vessel or railcar without containers or labels.
"Zone of engineering control" means an area under the
control of the owner/operator that, upon detection of a
dangerous waste release, can be readily cleaned up prior to
the release of dangerous waste or dangerous constituents to
ground water or surface water.
Any terms used in this chapter which have not been
defined in this section have either the same meaning as set
forth in Title 40 CFR Parts 260, 264, 270, and 124 or else
have their standard, technical meaning.
As used in this chapter, words in the masculine gender
also include the feminine and neuter genders, words in the
singular include the plural, and words in the plural include
the singular.