Wash. Admin. Code § 173-408-040 - CERCLA exemption
(1) CERCLA
exemption process: This subsection establishes the process for an owner or
operator of a CERCLA regulated landfill to claim an exemption from the
requirements of this chapter. To claim exemption from the requirements of this
chapter, the owner or operator of a CERCLA regulated landfill shall submit the
following information to the department:
(a)
The applicable CERCLA removal action memorandum or remedial action record of
decision, including any amendments;
(b) A map of the portion of the landfill that
has been designated as on-site for purposes of the CERCLA response action;
and
(c) Additional information as
needed to establish that the CERCLA regulated landfill meets the criteria for
exemption set forth in subsection (2) of this section.
(2)
(a) The
department will review the submitted information and determine whether the
CERCLA regulated landfill meets the following criteria for exemption from the
requirements of this chapter:
(i) The CERCLA
response action(s) must be currently under way at the CERCLA regulated
landfill;
(ii) The owner or
operator must demonstrate that complying with the requirements of this chapter
would compromise the efficacy of the ongoing CERCLA response
action(s);
(iii) The CERCLA
response action(s) must require the installation or modification of a landfill
gas collection and control system (GCCS); and
(iv) The owner or operator must demonstrate
that the GCCS influences methane capture in the landfill.
(b) The department may consult with the U.S.
Environmental Protection Agency while determining whether the CERCLA regulated
landfill meets the above criteria for exemption from the requirements of this
chapter.
(c) For zones or areas of
a MSW landfill that are adjacent to but outside the area designated as on-site
for purposes of the CERCLA response action(s), the substantive requirements of
this chapter shall be considered as applicable or relevant and appropriate
requirements (ARARs) in the selection of a removal or remedial action, and in
evaluations of aremoval or remedial action's compliance with ARARs during any
subsequent five-year reviews required by CERCLA.
Notes
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