(1) WAC
173-351-700 through
173-351-750 are the permitting
requirements of chapter
173-351 WAC, Criteria for municipal solid waste
landfills. Except as provided in subsection (4) of this section, no owner or
operator shall construct, operate, close, or perform post-closure activity with
respect to a facility except in conformance with a valid MSWLF permit issued
pursuant to this chapter.
(2)
Transition rules for existing MSWLF units. The following constitute the
transition rules for this section:
(a)
Existing MSWLF units with valid chapter
173-304 WAC permits expiring before
November 26, 1993. Owners or operators of existing MSWLF units having valid
permits expiring before November 26, 1993, must apply for a valid MSWLF permit
no later than January 24, 1994, to continue operation under the terms of this
regulation. Each valid chapter
173-304 WAC permit expiring before November 26,
1993, is hereby continued until the valid MSWLF permit is issued under these
rules. For these transition rules, the owner or operator must prepare
applications according to WAC
173-351-730(4),
Reissuance/transition applications. Upon issuance of a valid MSWLF permit, the
owner or operator must comply with the requirements of this regulation.
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Note:
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MSWLF units that do not accept waste on or after
November 26, 1993, and close under chapter 173-304 WAC, Minimum functional
standards for solid waste handling, and the federal rules for closure under 40
C.F.R. Part 258.60 would continue to be permitted under chapter 173-304 WAC
unless such MSWLF units are part of a multiunit groundwater monitoring system
according to WAC
173-351-450(4).
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(b)
Existing MSWLF units with valid chapter
173-304 WAC permits expiring on or
after November 26, 1993. Each valid chapter
173-304 WAC permit (for existing
MSWLF units) expiring on or after November 26, 1993, is hereby continued until
the expiration date set forth in the permit. Owners and operators must comply
with the conditions of the permit and the regulations of chapter
173-304 WAC,
in effect on October 8, 1993, for the duration of that permit. Owners or
operators of existing MSWLF units with valid chapter
173-304 WAC permits
expiring on or after November 26, 1993, must apply for a valid MSWLF permit no
later than January 24, 1994. For these transition rules, the owner or operator
must prepare applications according to WAC
173-351-730(4),
Reissuance/transition applications. Upon issuance of a valid MSWLF permit, the
owner or operator must comply with the requirements of this
regulation.
(3) New and
laterally expanded MSWLF units. New and laterally expanded MSWLF units
receiving waste after November 26, 1993, must meet the requirements of this
section before construction has begun and before waste is accepted to the MSWLF
unit or lateral expansion.
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Note:
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Any owner or operator planning to incorporate a 50
percent increase or greater in design volume capacity not previously authorized
in permit, or unpermitted changes resulting in significant adverse
environmental impacts that have led a responsible official to issue a
declaration of significance under WAC
197-11-736 must meet the
requirements of this section before construction has begun and before waste is
accepted to the MSWLF unit, or lateral expansion.
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(4)
Exemptions. The MSWLF units identified in this subsection are exempt from this
section:
(a) MSWLF units that are excluded
under WAC
173-351-010(2)(b);
(b) Single family residences and single
family farms dumping or depositing solid waste resulting from their own
domestic, on-site activities onto or under the surface of land owned or leased
by them when such action does not create a nuisance, violate any other
statutes, ordinances, regulations, or this regulation, provided that such
facilities:
(i) Are fenced or otherwise
protected by natural barriers from unauthorized entry by the general public and
large animal scavengers; and
(ii)
Have placed a monthly soil cover to allow no visible solid waste.
(c) Remedial actions at a MSWLF
unit performed by the state and/or in conjunction with the United States
Environmental Protection Agency to implement the Comprehensive Environmental
Response Compensation and Liability Act of 1980 (CERCLA), the Model Toxics
Control Act or remedial actions taken by others to comply with a state and/or
federal cleanup order provided that:
(i) The
action results in an overall improvement of the environmental impact of the
site;
(ii) The action does not
require or result in additional waste being delivered to the facility or
increase the amount of waste or contamination present at the
facility;
(iii) The substantive
provisions of this chapter are met; and
(iv) The jurisdictional health department is
informed of the actions to be taken and is given the opportunity to review and
comment upon the proposed remedial action plans.
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Note:
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MSWLF units not covered under remedial action are not
exempted from permitting under this section.
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