Before the Board of Health of King county, State of Washington

RULES AND REGULATIONS NO. 8

Rules and Regulations relating to the Public Health Department; regulating solid waste storage, collection, transportation, treatment, utilization, processing and final disposal; requiring permits and fixing fees; defining offenses; prescribing penalties; and repealing Rules and Regulations 8, dated September 11, 1984.

BE IT ADOPTED BY THE BOARD OF HEALTH OF KING COUNTY, WASHINGTON:
 
 

PART I - CITATION AND PURPOSE

SECTION 1.  CITATION.   These Rules and Regulations may be cited and referred to, and shall be known as the "King County Solid Waste Regulations."

SECTION 2.  PURPOSE AND POLICY DECLARED.  Authority is established  under RCW 70.05 and WAC 173-304 for Solid Waste and RCW 173-310 for Litter Control.  These Rules and Regulations are enacted as an exercise of the Board of Health powers of King County to protect and preserve the public peace, health, safety and welfare.  Its provisions shall be liberally construed for the accomplishment of these purposes.  These Rules and Regulations govern solid waste handling, storage, collection, transportation, treatment, utilization, processing and final disposal of all solid waste generated within King County, including issuance of permits and enforcement.

 It is expressly the purpose of these Rules and Regulations to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of these Rules and Regulations.

 It is the specific intent of these Rules and Regulations to place the obligation of complying with its requirements upon waste generators, haulers and/or operators of disposal sites, and no provision of nor term used in these Rules and Regulations is intended to impose any duty whatsoever upon King County or any of its officers or employees, for whom the implementation or enforcement of these Rules and Regulations shall be discretionary and not mandatory.

 Nothing contained in these Rules and Regulations is intended to be nor shall be construed to create or form the basis for any liability on the part of King County, or its officers, employees or agents, for any injury or damage resulting from the failure of any person subject to these Rules and Regulations to comply with these Rules and Regulations, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of these Rules and Regulations on the part of King County by its officers, employees or agents.

SECTION 3.  APPLICABILITY.  These Rules and Regulations apply to solid waste as that term is defined in Part II, Section 5.  These Rules and Regulations shall not apply to the following solid wastes:
 

 A.  Overburden from mining operations intended for return to the mine;

 B.  Liquid wastes whose discharge or potential discharge is regulated under federal, state or local water pollution permits;

 C.  Dangerous wastes as defined by Chapter 70.105 RCW and Chapter 173-303 WAC;

 D.  Woodwaste used for ornamental, animal bedding, mulch and plant bedding, or road building purposes;

 E.  Agricultural wastes, limited to manures and crop residues, returned to the soils at agronomic rates;

 F.  Clean soils and clean dredge spoils as defined in Part II, Section 1 or as otherwise regulated by Section 404 of the Federal Clean Water Act (PL 95-217);

 G.  Septage taken to a sewage treatment plan permitted under Chapter 90.48 RCW;

 H.  Radioactive wastes, defined by Chapters 402-12 and 402-19 WAC; and

 I.  Wood debris resulting from the harvesting of timber and whose disposal is permitted under chapter 76.04 RCW, the State Forest Practices Act.
 

PART II - DEFINITIONS

 SECTION 1.  DEFINITIONS "A" THROUGH "C".  except as otherwise specifically provided in this Section, the "definitions" set forth in WAC 173-304 and WAC 173-303 are hereby incorporated by reference.
 

 A.  "ABANDONED LANDFILLS" means those sites completed prior to the requirement of obtaining a closure permit.

 B.  "ACTIVE AREA" means that portion of a facility where solid waste recycling, reuse, treatment, storage, or disposal operations are being, are proposed to be, or have been conducted. Buffer zones shall not be considered part of the active area of a facility.

 C.  "AGRICULTURAL WASTES" means wastes on farms resulting from the production of agricultural products, including but not limited to manures, and carcasses of dead animals weighing in excess of fifteen (15) pounds.

 D.  "AGRONOMIC RATES" means the rates of application of sludges, manures, or crop residues in accordance with rates specified by the appropriate guide for the crop under cultivation.

 E.  "AIR QUALITY STANDARD"  means a standard set for maximum allowable contamination in ambient air as set forth in Chapter 173-400 WAC, General Regulation for air pollution sources.

 F.  "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.

 G.  "ASHESí  means the residue including any air pollution control equipment flue dusts from combustion or incineration of material including solid wastes.

 H.  "ASBESTOS CONTAINING WASTE MATERIAL" means any waste that contains asbestos.  This term included asbestos waste from control devices, contaminated clothing, asbestos waste material; materials used to enclose the work area during an asbestos project, and bags or containers that previously contained asbestos.

 I.  "BALEFILL"  means a landfill which uses compacted bales of solid waste to form discrete lifts as the landfill  is filled.

 J.  "BUFFER ZONE"  means that part of the facility that lies between the active area and the property boundary.

 K.  "BULKY WASTE" means large items of refuse, such as appliances, furniture, and other oversize wastes which would typically not fit into reusable or disposable containers.

 L.  "CLEAN SOILS OR CLEAN DREDGE SPOILS"  means soils and dredge spoils which are not dangerous wastes or problem wastes as defined in this section.

 M.  "CLOSURE" means those actions taken by the owner or operator of a solid waste site or facility to cease disposal operations and to ensure that all such facilities are closed in conformance with applicable regulations at the time of such closures and to prepare the site for the post-closure period.

 N.  "COLLECTING AGENCY"  means any agency, business or service operated by a person for the collecting of solid waste.

 O.  "COLLECTION/TRANSPORTATION VEHICLE" means a vehicle utilized for the collection and transportation of residential and commercial solid waste. Transfer-trailer vehicles  used in conjunction with transfer station operations are excluded from this definition.

 P.  "COMPLIANCE SCHEDULE" means a written schedule of required measures in a permit including an enforcement sequence leading to compliance with these Rules and Regulations.

 Q.  "COMPOSTING" means the controlled degradation of organic waste yielding a product for use as a soil conditioner.

 R.  "CONTAINER"  means a device used for the collection, storage, and/or transportation of solid waste including but not limited to reusable containers, disposable containers, detachable containers and tanks, fixed or detachable.

 S.  "CONTAMINATE" means to allow to discharge a substance into surface or ground water that would cause:

  1.  the concentration of that substance n the surface or ground water to exceed the maximum contamination level specified in Part VI, Section 1.D.

  2.  A statistically significant increase in the concentration of that substance in the ground water where the existing concentration of that substance exceeds the maximum contaminant level specified in Part VI, Section 1.D.

  3.  A statistically significant increase above background in the concentration of that substance which:
      a.  Is not specified in Part VI, Section 1.D,

      b.  Is present in the solid waste, and

      c.  Has been determined to present a substantial risk to human health or the environment in the concentrations found at the point of compliance by the health officer in consultation with the Department of Social and Health Services.

 T.  "COVER MATERIAL" means soil of other suitable material that has been approved by the health officer as cover for wastes.
 

SECTION 2.  DEFINITIONS "D" THROUGH "F."  Except as otherwise specifically provided in this Section, the "definitions" set forth in WAC 173-304 and WAC 173-303 are hereby incorporated by reference.
 

 A.  "DANGEROUS WASTES" means any solid waste designated as dangerous waste by the Department of Ecology under Chapter 173-303 WAC.

 B.  "DEMOLITION WASTES" means solid waste, largely inert waste, resulting from the demolition of buildings, roads and other man-made structures.  Demolition waste consists of, but is not limited to, concrete, brick, bituminous concrete, wood and masonry, composition roofing and roofing paper, steel, and minor amounts of other metals like copper.  Plaster (i.e., sheet rock or plaster board) or any other material, other than wood, that is likely to produce gases or a leachate during the decomposition process and asbestos wastes are not considered to be demolition waste for the purposes of these Rules and Regulations.

 C. "DETACHABLE CONTAINERS" means reusable containers that are mechanically loaded or handled such as a "dumpster" or drop box.

 D.  "DISPOSABLE CONTAINERS"  means containers that are used to handle solid waste such as plastic bags, cardboard boxes and paper bags.

 E.  "DISPOSAL" or DEPOSITION"  means the discharge, deposit, injection, dumping, leaking, or placing of any solid waste into or on any land or water.

 F.  "DISPOSAL SITE"  means the location where any final treatment, utilization, processing, or deposition of solid waste occurs.  See also the definition of interim solid waste handling site.

 G.  "DROP BOX FACILITY" means a facility used for the placement of a detachable container including the area adjacent for necessary entrance and exit roads, unloading and turn-around areas.  Drop box facilities  normally serve the general public with loose loads and receive waste from off-site.

 H.  "ENERGY RECOVERY" means the recovery of energy in a useable form from mass burning  or refuse derived fuel incineration, pyrolysis or any other means of using  the heat of combustion of solid waste that involves high temperature (above twelve hundred degrees Fahrenheit) processing.

 I.  "EXISTING FACILITY" means a facility which is owned or leased, and in operation, or for which construction has begun, on or before the effective date of these Rules and Regulations and the owner or operator has obtained permits or approvals necessary under federal, state and local statutes, regulations and ordinances.  A facility has commenced construction if either:

  1.  A continuous on-site physical construction program has begun; or

  2.  The owner or operator has entered into contractual obligations which cannot be canceled or modified without substantial financial loss for physical construction of the facility to be completed within a reasonable time.

  Lateral extensions of a landfillís active area on land purchased and permitted by the health officer for the purpose of landfilling before the effective date of these Rules and Regulations shall be considered existing facilities.

 J.  "EXPANDED FACILITY" means a facility adjacent to an existing facility for which the land is purchased and approved by the health officer after the effective date of these Rules and Regulations.  A vertical expansion approved and permitted by the health officer after the effective date of these Rules and Regulations shall be considered an expanded facility.

 K.  "FACILITY"  means all contiguous land (including buffer zones) and structures, other appurtenances, and improvements on the land used for solid waste handling.

 L.  "FACILITY STRUCTURES"  means buildings, sheds, utility lines, and drainage pipes on the facility.

 M.  "FINAL TREATMENT" means the act of processing or preparing solid waste for disposal, utilization, reclamation, or other approved method of use.

 N.  "FREE LIQUIDS" means any sludge which produces measurable liquids when the Paint Filter Liquids Test, Method 9095 of EPA Publication number SW-846, is used.

 O.  "FUMAROLE" means an opening in the surface of a landfill from which smoke and gases arise.
 

SECTION  3.  DEFINITIONS "G" THROUGH "M."   Except as otherwise specifically provided in this Section, the "definitions" set forth in WAC 173-304 and WAC 173-303 are hereby incorporated by reference.
 

 A.  "GARBAGE" means unwanted animal and vegetable wastes and animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food, swill and carcasses of dead animals, and of such a character and proportion as to be capable of attracting or providing food for vectors, except sewage and sewage sludge.

 B.  "GROUND WATER" means that part of the subsurface water which is in the zone of saturation.

 C.  "HEALTH OFFICER" means the Director of the Seattle-King County Department of Public Health or his/her designated representative.

 D.  "HOLOCENE FAULT" means a fracture along  which rocks on one side have been displaced with respect to those on the other side and that has occurred in the most recent epoch of the quaternary period extending from the end of the pleistocene to the present.

 E.  "INCINERATION" means reducing the volume of solid wastes by the use of an enclosed device using controlled flame combustion.

 F.  "INDUSTRIAL SOLID WASTES"  means waste by-products from  manufacturing operations such as scraps, trimmings, packing, and other discarded materials not otherwise designated as dangerous waste under Chapter 173-303 WAC.

 G.  "INDUSTRIAL WASTEWATER FACILITY" means all structures, equipment, or processes required to collect, carry away, treat, reclaim, or dispose of industrial wastewater.

 H.  "INERT WASTES" means noncombustible, nondangerous solid wastes that are likely to retain their physical and chemical structure under expected conditions of disposal, including resistance to biological attack and chemical attack from acidic rainwater.

 I.  "INFECTIOUS WASTE" means waste from medical and intermediate care facilities, research centers, veterinary clinics, and other similar facilities which may contain pathogens or other biologically active materials in sufficient concentrations that exposure to the waste directly or indirectly, creates a significant risk of disease as determined by the facilityís infection control staff/committee.  This may include but is not limited to contaminated:

  1.  Isolation wastes, cultures, and stocks of etiologic agents;

  2.  Blood and blood products, pathological wastes, other wastes from surgery and autopsy, and lab wastes;

  3.  Sharps and dialysis unit wastes;

  4.  Animal carcasses and body parts, animal bedding and other wastes from animal rooms;

  5.  Discarded biologicals, and equipment.

 J.  "INTERIM  SOLID WASTE HANDLING SITE" means any interim treatment, utilization or processing site engaged in solid waste handling which is not the final site of disposal.  Transfer stations, drop boxes, baling and compaction sites, source separation centers, and treatment are considered interim solid waste handling sites.

 K.  "LANDFILL" means a disposal facility or part of a facility at which solid waste is permanently placed in or on land and which is not a landspreading disposal facility.

 L.  "LANDSPREADING UTILIZATION SITE"  means a facility that applies or incorporates sewage sludge into the soil surface in accordance with "Municipal and Domestic Sludge Utilization Guidelines Best Management Practices" Department of Ecology 82-12.

 M.  "LEACHATE" means water or other liquid that has been contaminated by dissolved or suspended materials due to contact with solid waste or gases therefrom.

 N.  "LIQUID"  means a substance that flows readily and assumes the form of its container but retains its independent volume.

 O.  "LOCAL  FIRE CONTROL AGENCY"  means a public or private agency or corporation providing fire protection such as a local fire department, the Department of Natural Resources or the United States Forest Service.

 P.  "LOWER EXPLOSIVE LIMITS" means the lowest percentage by volume of a mixture of explosive gases which will propagate a flame in air at twenty-five degrees centigrade and atmospheric pressure.

 Q.  "MEDICAL WASTE" means all the non-infectious, and sharps  waste originating from a medical, veterinary, laboratory, research, intermediate care, or other similar facilities.

SECTION 4.  DEFINITIONS "N" THROUGH "P".  Except as otherwise specifically provided in this Section, the "definitions" set forth in WAC 173-304 and WAC 173-303 are hereby incorporated by reference.
 

 A.  "NEW FACILITY" means a facility which begins operation or construction after the effective date of  these Rules and Regulations (see also the definition of "existing facility".)

 B.  "NONCONFORMING SITE" means a solid waste handling facility which does not currently comply with the facility requirements applicable but does comply with a compliance schedule issued in a solid waste permit by the health officer.

 C.  "NUISANCE" consists in unlawfully doing an act, or omitting to perform a duty, which act or omission either annoys, injures, or endangers the comfort, repose, health or safety of others, offends decency, or unlawfully interferes with, obstructs or tends to obstruct, any lake or navigable river, bay, stream, canal, or basin, or any public park, square street or highway; or in any way renders other persons insecure in life, or in the use of property.

 D.  "ONE HUNDRED YEAR FLOODPLAIN"  means any land area which is subject to one percent or greater chance of flooding in any given year from any source.

 E.  "OPEN BURNING"  means the burning of solid waste materials in an open fire or an outdoor container without providing for the control of combustion or the control of emissions from the combustion.

 F.  "PERFORMANCE STANDARD" means the criteria for the performance of solid waste handling facilities.

 G.  "PERMEABILITY" means the ease with which a porous material allows liquid or gaseous fluids to flow through it.  For water, this is usually expressed in units of centimeters per second and termed hydraulic conductivity.  Soils and synthetic liners with a permeability for water of 1 x 10-  7 cm/sec or less  may be considered impermeable.

 H.  "PERMIT" means an authorization issued by the health officer which allows a person to perform solid waste activities at a specific location and which includes specific conditions for such facility operations.

 I.  "PERMIT-BY-RULE" means a provision of these Rules and Regulations that states that a person receiving digested Type (B) sewage sludge is deemed to have a sludge utilization permit if the person meets the requirements of the provision.

 J.  "PERSON" means an individual, firm, association, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.

 K.  "PILE" means any noncontainerized accumulation of solid waste that is used for treatment or storage.

 L.  "PLAN OF OPERATION" means the written plan developed by an owner or operator of a facility detailing how a facility is to be operated during its active life and during  closure and post-closure.

 M.  "POINT OF COMPLIANCE"  means that part of ground water that lies beneath the perimeter of a solid waste facilitiesí active area as that active area would exist at closure of the facility.

 N.  "POST-CLOSURE"  means the requirements placed upon disposal facilities after closure to ensure their environmental safety for a number of years after closure.

 O.  "PREMISES" means a tract or parcel of land with or without habitable buildings.

 P.  "PROBLEM WASTES" means:  (1) Soils removed during the cleanup of a remedial action site, or a dangerous waste site closure or other cleanup efforts and actions and which contain harmful substances but are not designated dangerous wastes, or (2) dredge spoils resulting form the dredging of surface waters of the state where contaminants are present in the dredge spoils at concentrations not suitable for open water disposal and the dredge spoils are not dangerous wastes and are not regulated by Section 404 of the Federal Clean Water Act (PL 95-217).

 Q.  "PROCESSING" means an operation to convert a solid waste into a useful product or to prepare it for disposal.

 R.  "PUTRESCIBLE WASTE" means solid waste which contains  material capable of being decomposed by micro-organisms.

 S.  "PYROLYSIS"  means the process in which solid wastes are heated in an enclosed device in the absence of oxygen to vaporization, producing hydrocarbon-rich gas capable of being burned for recovery of energy.

SECTION 5.  DEFINITIONS "R" THROUGH "S".   except as otherwise specifically provided in this Section, the "definitions" set forth in WAC 173-304 and WAC 173-303 are hereby incorporated by reference.
 

 A.  "RECLAMATION SITE"  means a location used for the processing or the storage of recycled waste.

 B.  "RESERVED"  means a section having no requirements and which is set aside for future possible rulemaking as a note to the regulated community.

 C.  "REUSABLE CONTAINERS"  means containers that are used more than once to handle solid waste such as garbage cans.

 D.  "RUN-OFF" means any rainwater, leachate, or other liquid which drains over land from any part of the facility.

 E. "RUN-ON" means any rainwater or other liquid which drains over land onto any part of a facility.

 F.  "SCAVENGING" means the removal of materials at a disposal site, or interim solid waste treatment site without the approval of the owner or operator and the health officer.

 G.  "SEPTAGE" means a semisolid consisting of settled sewage solids combined with varying amounts of water and dissolved materials generated from a aseptic tank system.

 H.  "SEWAGE SLUDGE" means a solid or semi-solid substance consisting of settled sewage solids usually combined with varying amounts of water and  dissolved materials generated from sewage treatment works:

  1.  "Type (A) Sludge" means sludge which is generated from sewage treatment works which combine industrial and commercial waste with domestic waste.

  2.  "Type (B) Sludge" means sludge which is generated from sewage treatment works which primarily treat only domestic sewage effluent, and provided the levels of contaminants do not exceed expected levels from domestic/residential wastes.

 I.  "SEWAGE TREATMENT WORKS" means any device or system which is used in the treatment of recycling or reclamation of sewage and/or liquid industrial wastes.  This then includes sewers, pipes, or other conveyances only if they convey  wastewater to a sewage treatment works.

 J.   "SLUDGE"  means a semisolid substance consisting of settled solids combined with varying amounts of water and dissolved materials generated from a wastewater treatment plant or other source.

 K.  "SOLE SOURCE AQUIFER" means an aquifer designated by the Environmental Protection Agency pursuant to Section 1424e of the Safe Drinking Water Act (PL 93-523).

 L.  "SOLID WASTE" means all putrescible and nonputrescible solid and semisolid wastes, including but not limited to garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, discarded commodities, or contaminated excavated solid/fill material. This includes all liquid, solid and semisolid, materials which are not the primary products of public, private, industrial, commercial, mining, and agricultural operations.  Solid waste includes but is not limited  to sludge from wastewater treatment plants and septage, from septic tanks, woodwaste, dangerous waste, and problem wastes.

 M.  ëSOLID WASTE HANDLING" means the management, storage, collection, transportation, treatment, utilization, processing or final disposal of solid wastes, including the recovery and recycling of materials from solid wastes, the recovery of energy resources from such wastes or the conversion of the energy in such wastes to more useful forms or combinations thereof.

 N.  "SOLID WASTE MANAGEMENT" means the systematic administration of activities which provide for the collection, source separation, storage, transportation, transfer, processing, treatment, and disposal of solid waste.

 O.  "SPECIAL PURPOSE FACILITY" means a method of solid waste handling  not otherwise provided for in these Rules and Regulations.

 P.  "STORAGE"  means the holding of solid waste materials for a temporary period.

 Q.  " STREAM"  means the point at which any confined freshwater body of surface water reaches a mean annual flow of twenty cubic feet per second.

 R.  "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 liquids or sludges.  The term includes holding, storage, settling, and aeration pits, ponds, or lagoons, but does not include injection wells.

 S.  "SURFACE WATER" means all lakes, rivers, ponds, streams, inland waters, saltwaters and all  other  water and water courses within the jurisdiction of the State of Washington.
 

SECTION 6.  DEFINITIONS "T" THROUGH "Z".   Except as otherwise specifically provided in this Section, the "definitions" set forth in WAC 173-304 and WAC `73-303 are hereby incorporated by reference.
 

 A.  "TRANSFER  STATION" means a permanent, fixed, supplemental collection and transportation facility, used by persons and route collection vehicles to deposit collected solid waste from off-site into a larger transfer vehicle for transport to a solid waste handling facility.  Transfer stations may also include recycling facilities, and compaction/baling systems.

 B.   "TREATMENT" means the physical, chemical or biological processing of solid waste to make such solid wastes safer for storage or disposal, amendable for energy or material resource recovery or reduced in volume.

 C.  "TWENTY-FIVE YEAR STORM"  means a storm of a particular duration and of such
an intensity that it has a four percent probability of being equaled or exceeded in each year.

 D.  "TWENTY-FOUR HOUR, TWENTY-FIVE YEAR STORM" means a twenty-five year storm of twenty-four hours duration.

 E.  "UPLAND" means land areas that are not within any  wetland or high water zone of any river, stream, lake, or tidal area under the jurisdiction of the United States Corps of Engineers, Washington State Department of Natural Resources, or Washington State Department of Ecology and not regulated under Section 404 of the Federal Clean Water Act (PL 95-217).

 F.  "UTILIZATION" means consuming, expending, or exhausting by use, solid waste materials.

 G.  "VADOSE ZONE"  means that portion of a geologic formation in which soil pores contain some water, the pressure of that water is less than atmospheric pressure, and the formation occurs above the zone of saturation.

 H.  "VECTOR"  means a living animal, insect or other arthropod which transmits an infectious disease from one organism to another.

 I.  "WASTE RECYCLING" means reusing waste materials and extracting valuable materials from a waste stream.

 J.  "WASTE REDUCTION"  means reducing the amount or type of waste generated.

 K.  "WATER QUALITY STANDARD"   means a standard set for maximum allowable contamination in surface waters as set forth in Chapter 173-201 WAC, Water Quality Standards for Waters of the State of Washington.

 L.  "WETLANDS" means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of vegetative or aquatic life that requires saturated or seasonally saturated soil conditions for growth and reproduction.  Wetlands generally include swamps, marshes, bogs, estuaries, and similar areas.

 M.  "WOODWASTE" means solid waste consisting of wood pieces or particles generated as a by-product or waste from the manufacturing of wood products, handling and storage of raw materials and trees and stumps.  This includes but is not limited to sawdust, chips, shavings, bark, pulp, hog fuel, and log sort yard waste, but does not include wood pieces or particles containing chemical preservatives such as creosote, pentachlorophenol, or copper-chrome-arsenate.

 N.  "ZONE OF SATURATION" means that part of a geologic formation in which soil pores are filled with water and the pressure of that water is equal to or greater than atmospheric pressure.
 

PART III - ADMINISTRATION, PERMITS AND INSPECTION

SECTION 1.  ADMINISTRATION.
 

 A.  GENERAL.  All solid waste management shall be subject to the authority of other laws, regulations or other agency requirements in addition to these Rules and Regulations.  Nothing in these Rules and Regulations is intended to abridge or alter the rights of action by the State or by a person which exist in equity, common law, or other statures to abate pollution or to abate a nuisance.

 B.  ENFORCEMENT.  The health officer shall have the authority to enforce the provisions of these Rules and Regulations in accordance with King County Board of Health Rules and Regulations No. 7.  The health officer is also authorized to adopt rules not inconsistent with the provisions of these Rules and Regulations for the purpose of enforcing and carrying out its provisions.

 C.  APPLICABILITY.

  1.  Permits are not required for single family residences and single family farms dumping or depositing solid waste resulting from their own activities on to or under the surface of land owned or leased by them when such action does not create a nuisance, violate statutes, ordinances, or regulations, including these Rules and Regulations.

       2.  Permits are not required for corrective actions at solid waste handling facilities 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), or corrective actions taken by others to comply with a state and /or federal cleanup order provided that:

  a.  The action results in an overall improvement of the environmental impact of the site;

  b.  The action does not require or result in additional waste being delivered to the site or increase the amount of waste or contamination present at the site;

  c.  The applicable facility standards are met; and

  d.  The health officer is informed of the actions to be taken and is given the opportunity to review and comment upon the proposed corrective action plans.

SECTION 2.  PERMIT - NEW OR EXPANDED FACILITIES.
 

 A.  PERMIT REQUIREMENT - PLANS AND SPECIFICATIONS.  A solid waste disposal site shall not be constructed, substantially altered or expanded until plans and specifications for such construction, alteration or improvement have been submitted to and approved by the health officer, and a fee paid as set forth in this section.  It is the responsibility  of persons operating, or proposing to operate a solid waste facility to obtain all necessary permits and approvals, including those of other applicable agencies before starting construction or operation.  All new or expanded solid waste handling facilities shall meet the requirements of:  1. Part  III, Section 28; 2.  the applicable sections of Part V (Disposal Site Standards); and 3.  the applicable standards of Part VI, Sections 1 and 2, after the effective date of these Rules and Regulations.

 B.  PERMIT REQUIREMENT - PROCEDURES.

 1.  Any owner or operator subject to the permit requirements who intends to operate a facility must apply for a permit with the health officer. Filing shall not be complete until two copies of the  application have been signed by the owner and operator and received by the health officer and the applicant has filed an environmental checklist required under the State Environmental Policy Act Rules, Chapter 197-11 WAC.

 2.  Applications for a permit must contain the information set forth in Subsection C of this section.

 3.  Once the health officer determines that an application for a permit is factually complete, he/she shall refer one copy to the appropriate regional office of the Department of Ecology for review and comment.

 4.  The health officer shall investigate every application to determine whether the facilities meet all applicable laws and regulations, conforms with the approved comprehensive solid waste handling plan and complies with all zoning requirements.

 5.  The Department of Ecology shall report to the health officer its findings on each permit application within forty-five days of receipt of a complete application or inform the health officer as to the status of the application.  Additionally, the Department of Ecology shall recommend for or against the issuance of each permit by the health officer.

 6.  When the health officer has evaluated all pertinent information, it may issue a permit.  Each completed solid waste permit application shall be approved or disapproved within ninety days after its receipt by the health officer or the applicant shall be informed as to the status of the application.

 7.  Except for applications specified in Subsection C.8 of this section every permit issued by the health officer shall be on a format prescribed by the Department of Ecology and shall contain specific requirements necessary for the property operation of the permitted site or facility including the requirement that final engineering plans and specifications be submitted for approval to the Department of Ecology.

 8.  All issued permits must be filed with the Department of Ecology no more than seven days after the date of issuance.

 9.  The owner or operator of a facility shall apply for renewal of the facilityís permit annually.  The health officer shall annually:

  a.  Review the original application for compliance with these Rules and Regulations and submit such additional information as spelled out in Subsection 4 of this section.

  b.  Review information collected from inspections, complaints, or known change in the operation;

  c.  Collect the renewal fee;

  d.  Renew the permit; and

  e.  File the renewed permit with the Department of Ecology no more than seven days after the date of issuance.  The Department of Ecology shall review and may appeal the renewal as set forth in RCW 70.95.185 and 70.95.190.
 

 C.  APPLICATION CONTENTS FOR PERMITS FOR NEW OR EXPANDED FACILITIES.

  1.  All permit applications except for inert waste, demolition waste, special purpose landfills, woodwaste landfill and recycling facilities applications, which are specified in C.8 of this subsection, shall contain the following:

   a.  A general description of the facility:

   b.  The types of waste to be handled at the facility;

   c.  The plan of operation required by Part V, Section 2;

   d.  The form used to record weights or volumes required by Part V, Section 2.

   e.  An inspection schedule and inspection log required by Part V,
Section 2.

   f.  Documentation to show that any domestic or industrial waste water treatment facility, such as a leachate treatment system, is being reviewed by the Department of Ecology under Chapter 173-240 WAC.

  2.  Application contents for permits for new or expanded landfills facilities.  In addition to the requirements of C.1 of this subsection, each landfill application for a permit must contain:
   a.  A geohydrological assessment of the facility that addresses:

    (1)  Local/regional geology and hydrology, including faults, unstable slopes and subsidence areas on site;

    (2 ) Evaluation of bedrock and soil types and properties;

    (3)  Depths to ground water  and/or aquifer(s);

    (4)  Direction and flow rate of local ground water;

    (5)  Direction of regional ground water;

    (6)  Quantity, location and construction (where available) of private and public  wells within a two thousand foot radius of site;

    (7)  Tabulation of all water rights for ground water and surface water within a two thousand foot radius of the site;

    (8)  Identification and description of all surface waters within a one-mile radius of the site;

    (9)  Background  ground and surface water quality assessment, and for expanded facilities, identification of impacts of that existing facility of the applicant to date upon ground and surface waters from landfill leachate discharge;

    (10)  Calculation of a site water balance;

    (11)  Conceptual design of a ground water and surface water monitoring system, including proposed installation method for these devices and where applicable a vadose zone monitoring plan;

    (12)  Land use in the area, including nearby residences; and

    (13) Topography of the site and drainage patterns.

   b. Preliminary engineering report/plans and specifications that address:

    (1) How the  facility  will meet the locational standards of Part V, Section 1;

    (2)  Relationships of facility to county Solid Waste Comprehensive Plan and the basis for calculating the facilityís life;

    (3) The design of bottom and side liners;

    (4) Identification of borrow sources for daily and final cover; and solid liners;

    (5) Interim/final leachate collection, treatment, and disposal;

    (6)Landfill gas control and monitoring;

    (7)  Trench design, fill methods, elevation of final cover and bottom liner, and equipment requirements; and

    (8) Closure/post-closure design, construction, maintenance, and land use.

   c.  An operation plan that addresses:

    (1)  Operation and maintenance of leachate collection, treatment , and disposal systems;

    (2) Operation and maintenance of landfill gas control systems;

    (3) Monitoring plans for ground water, surface water, and landfill gases to include sampling technique; frequency; handling and analyses requirements;

    (4) Safety and emergency accident/fire plans;

    (5) Routine filling, grading, cover, and housekeeping;

    (6)  Record system to address records on weights (or volumes), number of vehicles and the types of wastes received;

    (7)  Vector control plans; and

    (8) Noise control.

   d.  Closure plan to address:

    (1) Estimate of closure season/year;

    (2) Capacity of site in volume and estimated tonnage;

    (3)  Year-to-year maintenance of the active area versus completed, final coverage acreage;

    (4) Estimated closure construction timing and notification procedures;

    (5) Final inspection by regulatory agencies.

   e.  Post-closure plan to address:

    (1) Estimated time period for post-closure activities;

    (2) Site monitoring of landfill gas, ground water, and surface water;

    (3) Deed clause changes, land use, and zoning restrictions;

    (4)  Maintenance activities to maintain cover and run-off system; and

    (5) Identification and final closure costs including cost calculations and the funding mechanism.

 3.  Application contents for new or expanded transfer stations, drop box facilities, and baling and  compaction systems requiring a permit.  In addition to the requirements of C.1 of this subsection, each application for  a permit must contain preliminary engineering report/plans and specifications that address:

  a.  The proposed facilityís zoning status;

  b.  The relationship to the county Solid Waste Comprehensive Plan and the area to be served by the facility; and

  c.  The facility design to address how the facility shall meet requirements of Part V, Section 10, including closure.

 4.  Application contents for new or expanded surface impoundments requiring a permit. In addition to the requirements of C.1 of this subsection, each applicable application for a permit must contain:

  a.  A geohydrological assessment of the facility that addresses all of the factors in C.2.a of this subsection;

  b.  Preliminary engineering report/plans and specifications that address, where applicable:

   (1) How the proposed  facility  will meet the locational standards of part V, Section 1;

   (2)  The relationship of the facility to the county Solid Waste Comprehensive Plan;

   (3)  The design of liners and foundation to be incorporated in the facilities design including the design  of leachate collection and treatment systems;

   (4) The design of ground water monitoring;

   (5) The design of dikes including calculations on dike stability analyses under conditions of liner failure;

   (6) Other design details, including sludge cleanout and disposal, overfilling alarms and inlet design; and

   (7)  Closure/post-closure design, construction maintenance and land use.

 c.  An operation plan that addresses:

   (1)  Operation and maintenance of leachate collection system, or ground water monitoring;

   (2) Operation and maintenance of overfilling equipment or details of filling and emptying techniques;

   (3) Inspection of dikes and liners for integrity;  and

   (4) Final inspection by regulatory agencies.

 d.  A closure plan to address:

  (1) Estimate of closure year and cost;

  (2) Methods of removing wastes, liners and any contaminated soils, and location of final disposal;

  (3) Closure timing and notification procedures; and

  (4) Final inspection by regulatory agencies.

 5.  Application contents for new or expanded piles requiring a permit.  In addition to the requirements of C.1 of this subsection, each application for a permit must contain;

 a.  Preliminary engineering reports/plans and specifications that address:

  (1) How the proposed facility will meet the locational standards of Part V, Section 1.

  (2) The relationship of the facility to the county Solid Waste Comprehensive Plan and zoning;

  (3)  The design of the liner or sealed surface upon which the liner rests, including an analysis of the liners ability to withstand the stress;

  (4) The design of the run-on run-off system;

  (5) The design to avoid washout when the pile is located in a one hundred year floodplain;  and

  (6) Maximum elevation and boundaries of the waste pile.

 b.  An operation plan that addresses:

  (1) Methods of adding or removing wastes from the pile and equipment used;

  (2) Inspection of the liner for integrity; and

  (3) Safety and emergency plans.

 c.  A closure plan to address:

  (1) Estimate of closure year and cost.

  (2)  Methods of removing wastes, liners and any contaminated soils, and location of final disposal;

  (3) Closure timing and notification procedures; and

  (4)  Final inspection by regulatory agencies.

 6.  Application contents for new or expanded energy recovery and incinerator facilities requiring a permit.   In addition to the requirements of C.1 of this subsection, each application for a permit must contain:

  a.  Preliminary engineering reports/plans and specifications that address:

   (1) The relationship of the facility to the county Solid Waste Comprehensive Plan and zoning;

   (2)  The design of the storage and handling facilities on-site for incoming waste as well as fly ash, bottom ash and other wastes produced by air or water pollution controls, and

   (3) The design of the incinerator or thermal treater, including charging or feeding systems, combustion air systems, combustion or reaction chambers, including heat recovery systems, ash handling system, and air pollution and water pollution control systems.  Instrumentation and monitoring systems design shall also be included.

  b.  An operation plan that addresses:

   (1) Cleaning of storage areas as required by Part V, Section 11.B;

   (2) Alternative storage plans for breakdowns as required in Part V, Section 11.D;

   (3) Inspection to insure compliance with State and local air pollution laws and to comply with Part V, Section 2.E.  The inspection log or summary must be submitted with the application; and

   (4)  How and where the fly ash, bottom ash and other solid wastes will be disposed of.

  c.  Closure plan to address:

   (1) Estimate of closure year and cost;

   (2) Methods of closure and methods of removing wastes, equipment, and location of final disposal;

   (3) Closure timing and notification procedures; and

   (4) Final inspection by regulatory agencies.

 7.  Application contents for new or expanded landspreading disposal facilities requiring a permit.  In addition to the requirements of C.1 of this subsection, each application for a permit must contain:

  a.  A geohydrological assessment of the facility that addresses all of the factors of C.2.a of this subsection;

  b.  Preliminary engineering reports/plans and specification that address;

   (1) How the proposed facility  will meet the locational standards of Part V, Section 1;

   (2) The relationship of the facility to the county Solid Waste Comprehensive Plan and the basis for calculating the facilityís life;

   (3) Waste analyses and methods to periodically sample and analyze solid waste;

   (4)  Design of interim waste storage facilities if such facilities are not otherwise permitted by the health officer;

   (5)  Design of run-on and run-off systems;

   (6) A contour map of the active area showing contours to the nearest foot;

   (7)  A ground water and surface water monitoring program; and

   (8)  Access barriers such as fences, and warning signs.

  c.  An operation plan that addresses:

   (1) Operation and maintenance of run-off and run-on systems;

   (2) Methods of taking ground water samples and for maintaining ground water systems;
   (3) Methods of applying wastes to meet the requirements of Part V, Section 5.C;

    (a) Estimated multiples of agronomic rates;

    (b)  Frequency of discing; and

    (c)  Avoidance of standing  water.

   (4)  The written contract required between landowner, waste generators and waste operators.

  d.  Closure plan to address:

   (1) Estimate of closure season/year;

   (2) Capacity of site in volume and tonnage;

   (3) Year -to-year maintenance of the active area versus completed, final coverage acreage;

   (4)  Closure construction timing and notification procedures; and

   (5)  Final inspection by regulatory agencies.

  e.  Post-closure plan to address:

   (1) Estimated time period for post-closure activities;

   (2) Site monitoring of ground water;

   (3) Deed clause changes, land use, and zoning restrictions;

   (4)  Maintenance activities to maintain cover and run-off systems;

   (5) Plans for food chain crops being grown on the active areas, after closure; and

   (6)  Identification of final closures costs including cost calculations and the funding  mechanism;

 8.  Application contents for new or expanded inert waste and demolition waste, special purpose landfill, woodwaste landfills, and  recycling facilities.

     Application contents for new or expanded inert/demolition waste, special purpose facility, woodwaste landfills, and recycling facilities shall be on forms whose content shall be specified by the health officer.

 D.  APPLICATION CONTENTS FOR EXISTING FACILITIES RENEWING PERMITS.  All owners or operators of existing facilities shall renew permits or application forms specified in Subsection C.1 of this section.  Previous information submitted to the health officer may be referred to on the application forms.  Changes in operating methods or other charges must be noted on the application in order to be authorized by permit.

 E.  PRE-OPERATIONAL INSPECTION.  Whenever plans and specifications are required by Part III, Section 2 of these Rules and Regulations to be submitted to the health officer, the health officer may inspect the solid waste disposal site or facility prior to the start of the operations.

 F.  APPLICATION/PLAN REVIEW FEES LIST.  Plans and specifications shall be accompanied by a non-refundable fee as follows:

1. Landfill $600, plus $10 for each acre, the total fee not to exceed $1,000.
2.  Inert/Demolition Landfill $600, plus $10 for each acre, the total fee not to exceed $1,000.
3.  Energy Recovery and Incineration  $550
4.  Recycling - Commercial
 a.  Non-containerized Composting
$100, plus $10 per acre, the total fee not to exceed $1000
                  b.  Waste Pile Recycling $200
5.  Transfer Station $220
6.  Special Purpose Facility $300
7.  Closed Landfill Plan Review $550
8.  Drop Box $110
9.  Landspreading
(land utilization of sludge)
Type (B) Sewage Treatment Works $150, plus $10 per acre, the total fee not to exceed $500
$50
10.  Storage/Treatment Piles $150
11.  Woodwaste Landfilling $300, plus $10 per acre, the total fee not to exceed $500
12.  Surface Impoundments $250
 

. G.  RE-EXAMINATION FEE.  When plans and specifications that have been examined are altered and resubmitted, an additional fee for the re-examination of such plans shall be assessed at the current cost of plan review.  Where a duplicate set of approved plans are submitted for examination and approval at any time after a permit has been issued on the original approved plans, a fee shall be charged at the current cost of plan review for such examination and approval.  Where a complete redesign of a site is submitted after one design has been examined, a new review fee shall be charged in addition to the review fee for the first design.  The examination of any further redesign shall be similarly charged.

SECTION 3.  PERMITS - VEHICLES AND EXISTING FACILITIES
 

 A.  REQUIREMENT.   It shall be unlawful for any person to operate a collection/transportation vehicle or an existing disposal site, facility without a valid permit therefor issued to such person by the health officer.  Permits shall not be transferable and shall be valid only for the person and place or vehicle for which issued.

 B.  APPLICATION.  Any person desiring to operate a collection/transportation vehicle or an existing disposal site, shall submit three copies of a written application to the health officer, on a form to be provided by the health officer.  The health officer shall refer one copy to the Washington State Department of Ecology.  Such application  shall include the applicantís full name, post office address, and the signature of an authorized representative of the applicant; shall disclose whether such applicant is an individual, firm, corporation, and , if a partnership, the names and addresses of the partners;  the address, legal description and type of the solid waste disposal site, facility or collection/transportation vehicle; and shall be accompanied by the permit fee amount described in Part III, section 4, hereof.

 C.  PERMIT ISSUANCE.  When inspection reveals that the applicable requirements of these Rules and Regulations have been met and the applicable fee has been paid, a permit shall be issued to the applicant by the health officer.  The health officer may deny the application if in his/her judgment the operation of the site or vehicle will result in a hazard to the public health and/or will not meet the requirements of these Rules and Regulations.  The health officer may also terminate a permit during its term for noncompliance with conditions of the permit, the permitteeís failure to disclose relevant facts at any time, or if the permitted activity endangers public health or the environment.  The health officer shall consider any relevant health and safety factors in making this determination.  If an application is denied or a permit is terminated, the health officer at the time of the denial or revocation shall inform the applicant in writing of the reasons for the denial or revocation and the applicantís right to an appeal pursuant to RCW 70.95.

 D.  SPECIAL  PURPOSE FACILITIES PERMIT.  When the disposal site and operation utilize a new method of solid waste handling or disposal not otherwise provided for in these Rules and Regulations, a special purposes facilities permit may be issued.  The health officer shall determine which items of these Rules and Regulations shall apply to the disposal site on a case by case basis so as to protect the public health and the environment and to avoid the creation of nuisances.  The terms and conditions of the special permit shall be itemized in writing by the health officer.

 E.  EFFECTIVE DATES.

 1.  All existing facilities not in conformance with the following applicable sections shall be placed upon compliance schedules to assure full compliance by May 27, 1987:  Part V, (Section 2, Plan of Operation), (Section 3, Closure), (Section 4, Landfilling), (Section 5, Landspreading), (Section 7, Storage and Treatment Piles), and Part VI, (Section 1, Ground Water Monitoring).

 2.  All existing solid waste facilities not in conformance of applicable facility standards other than those mentioned above   (Part III, Section 3.E.1) shall be placed on a      compliance  schedule to assure full compliance by November 27, 1989.

 F.  CLOSURE PERMIT.  When an owner /operator plans to close a landfill or demolition landfill a closure plan and application for closure permit must be submitted to the health officer.  The health officer shall have the authority to require landfill operators and/or owners to submit closure plans for closed or abandoned landfills.

 G.  EXPIRATION.  All permits issued pursuant to these Rules and Regulations shall expire on the December 31st next following the date of issuance, except permits for collection/transport vehicle which shall expire June 30th next following date of issuance.

SECTION 4.  ANNUAL PERMIT FEE.

 A.  PERMIT FEES.  The permit fees for the solid waste disposal site, collection/transportation vehicles and sewage treatment works subject to the fee requirements of these Rules and Regulations shall be the annual fees set forth below:
 

1.  Landfill $150
2.  Inert/Demolition Landfill $150
3.  Solid Waste Incinerator
and Energy Recovery
$150
4.  Commercial Compost $100
5.  Transfer Station $1000
6.  Recycling
          a.  Noncontainerized Composting Piles
           b.  Waste Pile Recycling
$100
$100
7.  Closed Landfill Site $100
8.  Drop Box $  75
9.  Landspreading (Land utilization of sludge)
      Type (B) Sewage Treatment Works $150
$  50
10.  Collection/Transportation Vehicle $  25 for first vehicle, plus $15 for each additional vehicle
11.  Special Purpose Facility $100
12. Storage/Treatment Piles $200
13.  Woodwaste Landfilling $250
14.  Surface Impoundments $250

 B.  TONNAGE/VOLUME FEES.  The health officer shall receive the following fee per ton or cubic yard of all solid waste entering a landfill or inert/demolition landfill for disposal:
 

 Sites without Scales Sites with Scales
Landfills 7.7 cent/Cubic Yard 22.5 cent/Ton
Inert/Demolition Landfills 1.9 cent/Cubic Yard 11.6 cent/Ton

 C.  PAYABLE.   The fee for any permit to be issued under these Rules and Regulations shall be due and payable on or before the commencement date of the operation subject to such permit, or annually from the date of issuance.

 All volume or tonnage fees are to be forwarded to the health officer monthly on a form prescribed by the health officer.

 D. DELINQUENT.  Every solid waste disposal site, sewage treatment facility or collection/transportation vehicle owner or operator who is delinquent in the payment of any applicable permit fee shall be subject to a surcharge of twenty-five dollars to pay for the additional Departmental administrative procedure occasioned by such delinquency.

 E.  ADDITIONAL.   Fees for inspection service requested by the solid waste disposal site or collection/transportation vehicle management to be performed outside regular departmental working hours will be charged at a rate equal to the cost of performing the service.  When plans and specifications that have been examined are altered and resubmitted, an additional fee for the re-examination of such plans shall be assessed at the current cost of plan review.

 F.  SPECIAL SERVICES.  The health officer is also authorized to charge such fees as he/she may deem necessary for the furnishing of special services or materials requested by the public that are not ordinarily provided under permit or pursuant to statute.  Such services and materials to be furnished may include but are not limited to the following:

  1.  Reproduction and/or search of records and documents.

  2.  Examination, testing, or inspection of particular products, materials, construction, equipment or appliances to determine their compliance with the provision of these Rules and Regulations  or their acceptability for use.

 G.  TERMS AND CONDITIONS.  The health officer or his/her authorized representative shall have full authority to specify the terms and conditions upon which such services and materials shall be made available, consistent with any applicable statutes and ordinances; Provided, that any fees imposed pursuant to this authorization shall be reasonably equivalent to King County cost for furnishing said services and materials.

 H.   CHECKS.  Whenever payment of any fee imposed by these Rules and Regulations is made by a check that is not honored by the drawee bank, any permit issued pursuant to payment by that check is void from the date of issuance.  The permit may be reinstated upon payment by certified check, money order, or cash of the original amount, plus an administrative charge of
Ten Dollars.

SECTION 5.  INSPECTIONS.
 

 A.  FREQUENCY.   An inspection of a solid waste disposal site, sewage treatment works or collection/transportation vehicle may be performed by the health officer as often as such officer deems reasonably necessary, with a minimum frequency of once per year.

 B. ACCESS.  Every person operating a solid waste disposal site or collection/transportation vehicle shall permit the health officer, after proper identification to enter the site, sewage treatment works or vehicle during its normal business hours for the purpose of making inspection  to determine compliance with these Rules and Regulations.

 C.  REPORT.

  1.  Whenever an inspection of a solid waste disposal site or collection/transportation vehicle is made, the findings shall be recorded on the inspection report form prepared by the health officer.

  2.  The inspection report form shall summarize the requirements of these Rules and Regulations.  Inspectional remarks shall be written to reference, by section number, the section of these Rules and Regulations violated, and shall state the date of the inspection.

  3.  A copy of the completed inspection form shall be furnished to the person in charge of the site or vehicle at the conclusion of the inspection or shall be mailed within five working days of inspection.

SECTION 6.  NON-CONFORMING DISPOSAL SITE.  When an existing disposal site not fully  meeting these Rules and Regulations applies to the health officer for a permit, a permit for a non-conforming site may be issued.  The conditions of the permit shall be itemized by the  health officer and shall include a schedule of compliance or a closure schedule as appropriate.

SECTION 7.  VARIANCES.
 

 A.  APPLICABILITY.  Any person who owns or operates a solid waste facility  may apply to the health officer for a variance from any section of  these Rules and Regulations. The application shall be accompanied by such information as the health officer may require.  The health officer may grant such variance, but only after due notice (or a public hearing) if it finds that:

  1.  The solid waste handling practices or site location do not endanger public health, safety or the environment; and

  2.  Compliance with the regulation from which variance is sought would produce hardship without equal or greater benefits to the public.

 B.  No variance shall be granted pursuant to this section until the health officer has considered the relative interests of the applicant, other owners of property likely to be affected by the handling practices and the general public.

 C.  Any  variance or renewal shall be granted within the requirements of Subsection A of this section and for time period and conditions consistent with the reasons therefor, and within the following limitations:

  1.  If the variance is granted on the grounds that there is no practicable means known or available for the adequate prevention, abatement, or control of pollution involved, it shall be only until the necessary means for prevention, abatement or control become known and available and subject to the taking of any substitute or alternative measures that the health officer may prescribe;

  2.  The health officer may grant a variance conditioned by a time table if:

   a.  Compliance with these Rules and Regulations will require spreading of costs over a considerable time period; and

   b.  The time table is for a period that is needed to comply  with these Rules and Regulations.

  3.  Any  variance granted pursuant to this section may be renewed on terms and conditions and for periods which would be appropriate on initial granting of a variance.  No renewal thereof shall be granted, unless following a public hearing on the complaint or due notice,  the health officer finds the renewal is justified.  No renewal shall be granted except on application.  Any such application shall be made at least sixty days prior to the expiration of the variance.  Immediately upon receipt of an application for renewal the health officer shall give public notice of such application in accordance with these Rules and Regulations.

  4.  An application for a variance, or for the renewal thereof, submitted to the health officer shall be approved or disapproved by the health officer within ninety days of receipt unless the applicant and the health officer agree to a continuance.

  5.  No variance shall be granted by the health officer, except with the approval and written concurrence of the Department of Ecology prior to action on the variance by the health officer.

  6.  Public notice shall be given by mailing a notice of the variance application to persons who have written to the health officer asking to be notified of all variance requests.
 

PART IV - WASTE MANAGEMENT

SECTION 1.  GENERAL - STORAGE, CONSTRUCTION, COLLECTION AND TRANSPORTATION.
 

 A.  STORAGE.   The owner and /or occupant of any premises, shall be responsible for the safe and sanitary storage of all solid wastes accumulated at that premises until it is removed to a disposal site.  The storage area and storage containers shall be maintained in clean, safe, and nuisance free condition.  Provisions shall be made for safe and sanitary disposal of leakage and drainage free sanitary compactors, drop boxes and from storage areas.  Materials shall be contained to prevent blowing. Additionally, generators should refer to Part IV, sections 2 through 10 pertaining to specific solid wastes handling requirements.  Dangerous waste handling and disposal shall be regulated by the Department of Ecology pursuant to WAC 173-303 as now or hereafter amended.

 B.  CONTAINER  CONSTRUCTION.

  1.  The owner, operator, or occupant of any premises, business establishment, or industry shall store containerized solid wastes in containers that meet the following requirements:

   a.  Disposable containers shall be sufficiently strong to allow lifting without breakage and shall be thirty-two gallons in capacity or less where manual handling is practiced;

   b.  Reusable containers, except for detachable containers, shall be:

    (1)  Rigid and durable;

    (2) Corrosion resistant;

    (3) Nonabsorbent and water tight;

    (4) Rodent-proof and easily cleanable;

    (5) Equipped with a close fitting cover;

    (6)  Suitable for handling with no sharp edges or other hazardous conditions; and

    (7)  Equal to or less than thirty-two gallons in volume where manual handling is practiced.

   c.  Detachable containers shall be durable, corrosion- resistant, nonabsorbent, nonleaking and having either a solid cover or screen cover to prevent littering.

   d.  The health officer may require disinfection of any container.  Containers shall be cleaned frequently to prevent rodent/vector nuisances.  All waste water from container cleaning shall be disposed of in a sanitary sewer system unless otherwise authorized by the health officer.

 C.  COLLECTION AND TRANSPORTATION.

  1.  All persons collecting or transporting solid waste shall avoid littering, or the creation of other nuisances at the loading point, during transport and for the proper unloading of the solid waste at a permitted transfer station , or other permitted solid waste handling site.

  2.  Vehicles or containers used for the collection and transportation of solid waste shall be tightly covered or screened where littering  may occur, durable and of easily cleanable construction. Where garbage is being collected or transported, containers shall be cleaned and kept in good repair as necessary to prevent nuisances, odors and insect breeding.

  3.  Vehicles or containers used for the collection and transportation of any solid waste shall be loaded and moved in such a manner that the contents will not fail, leak in quantities to cause a nuisance, or spill therefrom.  Where such spillage or leakage does occur, the waste shall be picked up immediately by the collector or transporter and returned to the vehicle or container and the area otherwise properly cleaned.

  4.  All persons commercially collecting or transporting solid waste shall inspect collection and transportation vehicles monthly, for repairs to containers such as missing or loose-fitting covers or screens, leaking containers, etc., and maintain such inspection records at the facility  normally used to park such vehicles or such other location that maintenance records are kept. Such records shall be kept for a period of at least two years, and be made available upon the request of the health officer.

  5.  The health officer may require disinfection of any  vehicle.  Vehicles shall be cleaned frequently to prevent rodent/vector nuisances.  All waste water from vehicle cleaning shall be disposed of in a sanitary sewer system unless otherwise authorized by the health officer.
 

SECTION 2.  GARBAGE AND RUBBISH.
 

 A.  STORAGE.  Garbage shall be stored in containers which meet the requirements of Part IV, Section 1.B.  Rubbish shall be stored and transported so as not to create a nuisance or litter problem.

  1.  Where garbage is stored in combination with rubbish, containers for the storage of the mixture shall meet garbage storage standards.

  2.  Containers shall be of a size and weight acceptable to the collecting agency, subject to agreement with the health officer, the municipality and the customer.

  3.  Containers shall be cleaned with sufficient frequency to prevent nuisances.

 B.  REMOVAL.  Garbage shall be removed from the premises no less than once per week, unless a different frequency is approved by the health officer.

 C.  DISPOSAL.  Garbage and rubbish may be disposed of at any of the sites outlined in Part V, including facilities that recycle, incinerate, recover energy or landfill.  Except, garbage shall not be deposited at inert/demolition landfills, woodwaste landfills, or landspreading sites.

SECTION 3.  HOUSEHOLD WASTE.
 

 A.  GENERAL.  All household waste except for banned and restricted use pesticides, wood treating preservatives and used crankcase oils shall be deposited with the waste stream, in accordance with Part IV, Section 1.

 B.  TOXIC.  Banned and restricted use pesticides, wood treating preservatives and used crankcase oils shall not be deposited in the household waste collection system, a public sewer system, an on-site sewage system, the surface or ground water, the surface of the ground or under the ground.  Usable pesticides and wood preservatives shall be disposed of through proper use and application in accordance with the Environmental Protection Agency approved label requirements, or should be disposed of at disposal sites approved by the health officer.  Substantially empty pesticide containers are excluded from this section and should be handled as general household waste.  Used crankcase oil shall be recycled.  These wastes can be taken to service stations or other like facilities that collect used oil for subsequent reprocessing.

SECTION 4.  ASBESTOS CONTAINING WASTE MATERIAL.    Asbestos containing waste material shall be handled and disposed pursuant to 40CFR Part 61 Subpart M, WAC 173-303, and Article 10 of Regulation No. 1 Puget Sound Air Pollution Agency (PSAPCA) as follows:
 

 A.  REMOVAL.  Persons removing asbestos containing waste material shall provide advance notification to PSAPCA, which enforces regulations concerning removal and disposal.  Asbestos containing waste material must be wetted down during removal to reduce airborne emissions of particulate matter. The wet asbestos wastes shall be sealed into leak-tight containers or placed in one or more plastic bags with a combined six mils thickness or greater identified with the proper warning label.

 B.  DISPOSAL.  Generators of regulated asbestos containing  waste material regardless of quantity, shall dispose of their waste at a landfill approved by the health department.  The generator must notify the disposal site operator prior to transporting the asbestos waste to  allow for adequate site preparation and staff availability.  The asbestos containing waste material shall be covered with at least fifteen centimeters (six inches) of compacted non-asbestos containing waste material within twenty-four hours of disposal.  Asbestos waste shall not be disposed of at transfer stations unless separate provisions are approved (by the health officer) and in place for receiving , storing, monitoring and transporting the material to an approved landfill.

SECTION 5.  MEDICAL WASTE.
 

 A.  GENERAL.  All medical waste shall be stored, handled, transported and disposed of as follows:

  1.  Storage of the waste on the medical facility premises shall be such as to prevent the dissemination of infectious waste into the environment and storage sites are to be accessible to authorized personnel only.  Storage areas shall be kept free of all insects and other vectors capable of transmitting disease.

  2.  All infectious waste shall be treated in an autoclave, incinerator, retort or other approved process to render it harmless prior to disposal at any disposal site approved by the health officer; however, disposal at an inert/demolition landfill is not permitted.  The handling of infectious waste shall not be at variance with the current Federal Centers for Disease Control (CDC) "Guidelines for the Prevention and Control of Nosocomial Infections."

  3.   All sharps must be segregated from the general medical waste stream and stored in impervious plastic, glass or other containers capable of maintaining their structural integrity from the point of storage to deposition at a disposal site.

 B.  DISPOSAL.

  1.  All medical waste, including infectious waste which has been rendered harmless, non-infectious waste shall be disposed of at a permitted incinerator or landfill or as other wise approved by the health officer.

  2.  All human body parts, fetuses, and non-infectious pathological specimens shall be disposed of at a permitted landfill or incineration or other method approved by the health officer.

  3.  Liquid and liquefied infectious waste may be disposed of by release into a sanitary sewage system, if this practice is acceptable to the providing sewer utility.

 C.  CONTINGENCY PLAN.  Generators of all medical waste must develop a contingency plan for the treatment of infectious waste.  Provisions must be made for an alternate treatment plan in the event of equipment breakdown with an incinerator, autoclave, or other approved method for rendering  waste non-infectious prior to disposal.  This plan shall be available for review by the health officer if requested.

 D.  INSPECTION.  The health officer shall have the authority to enter any infectious waste generating facility, at any reasonable time, for the purpose of determining  if medical waste is being disposed of in accordance with this section.
 

SECTION 6.  SEWAGE SLUDGE.
 

 A.  CHARACTERIZATION.  All stabilized  sewage sludge generated by a sewage treatment plant shall be considered a solid waste and will be regulated as a Type (A) or Type (B) sewage sludge.

  1.  Type (A) Sewage Sludge.  A permit shall be obtained from the health officer prior to any disposal or utilization of Type (A) sludge.  A permit shall be required for a period of time as determined by the health officer.  Type (A) sludge may be utilized in the following ways:

   a.  Through surface and subsurface landspreading projects, refer to Part V, Section 5.

   b.  As part of silvaculture projects, refer to Part V, Section 5.

   c.  Incorporation into a compost product for marketing to the general public refer to Part IV, Section 8.

   d.  By disposal at local landfills which have adequate methods for handling such waste, refer to Part V, Section 5.D.

   e.  Or in other methods approved by the health officer.

  2.  Type (B) Sewage Sludge.  Applicable sewage treatment facilities shall operate under a Type (B) sewage sludge permit obtained from the health officer.  The permit authorizes the facility operator to distribute the stabilized sludge to the general public or other persons who will be granted a permit-by-rule by the health officer under the following conditions:

   a.  The permit-by-rule only applies to sludge utilization sites having areas of two acres or less and where the nitrogen loading rate is not exceeded.

   b.  The utility operator shall record the name, address, and phone number of Type (B) sewage sludge recipients.  The address must include the location of the proposed sludge utilization area.

   c.  The utility operator must provide a written notice that explains the potential health risk to the sewage sludge users.

   d.  This method of Type (B) sewage sludge utilization must still follow the "Municipal and Domestic Sludge Utilization Guidelines" and "Best Management Practices" WDOE 82-12 manual developed by the Washington State Department of Ecology that addresses potential risk to public health and the environment.  Factors such as setback to drainage ditches, streams, lakes and private wells and site access by children during or immediately following application - should be considered by the sewage sludge recipients.

   e.  Persons using Type (B) sewage sludge under a permit-by-rule shall not be required to submit an application for a land utilization of sludge permit.  The health officer shall have the authority to inspect any sewage sludge utilization site operation under a permit-by-rule, at any reasonable time, for the purpose of monitoring and determining if the Type (B)  sewage sludge is being applied in accordance with the conditions of this section.

   f.  The classification of Type (B) sewage sludge shall be based on levels of heavy metals and other contaminants present in the sewage sludge waste product.    The sewage sludge must not contain contaminants at concentrations sufficient to create a risk to public health.  Results of chemical and bacterial analysis performed as part of all NPDES (National Pollution Discharge Elimination System) permits may be required to be submitted by the health officer.  Additionally, sewage sludge shall be analyzed for heavy metals and other contaminants on a schedule determined by the health officer.  Type (B) sewage treatment facilities shall be inspected annually by the health officer.  Application rates of Type (B) sewage sludge are limited by the nitrogen content of the sewage sludge.  The maximum application rate shall  not exceed ten dry tons/acre per five years.  A land utilization of sewage sludge permit is required if the sewage sludge to be applied is to a site larger than two acres.  Generally, digested Type (B) sewage sludge may be utilized in the following ways:

  (1) As a soil enhancer for non-food crop gardens by private individuals;

  (2) For ornamental, turf, reclamation site or other large non-food crop projects;

  (3) In other manners approved by the health officer.

 B.  SEPTAGE.  Septage must be disposed of directly into a sewage treatment works licensed as such by the Department of Ecology.

SECTION 7.  ANIMAL WASTE.
 

 A.  DEAD ANIMALS.  Dead animals shall be disposed of in a manner to protect the public health and the environment. Their disposal shall be consistent with local codes.  Animals weighing fifteen pounds or less may be disposed with the general household waste. Animals weighing more than fifteen pounds shall be taken to a rendering plant, a veterinary clinic, an animal shelter, pet cemetery or can be disposed of directly at landfills or transfer stations so as not to create a nuisance.  Property owners may bury dead animals on their property, so long as no nuisance is created.

 B.  AGRICULTURE WASTE.  Agricultural waste shall be regulated pursuant to RCW 70.95.

 C.  DOG DROPPINGS.  Dog droppings shall be disposed of in a manner such as burial which does not create a nuisance.  Dog droppings may be disposed of into the sewer if the system is served by Metro or other large sewer treatment facility which will accept such waste.  This waste shall not be put in to a septic system.
 

SECTION 8.  COMPOST.
 

 A.  HOUSEHOLD.  Composting of household food waste, grass clippings and/or other compostable material excluding fecal matter, shall be maintained in a manner which does not create a nuisance, or attract rodents and/or other vectors.  Non-commercial composting sites are exempt from the permit requirements.

 B.  COMMERCIAL FACILITIES.   These facilities shall meet the applicable facility standards found in Part V, Section 12.

  1.  Generators of compost for retail sales shall submit chemical analysis, and reports to the health officer in sufficient frequency to demonstrate that the resulting product does not contain levels of chemicals or pathogens that could create a risk to the public health.

  2.  Generators of sewage sludge compost must follow the methods and procedures established in the "Best Management Practices for Use of Municipal Sewage Sludge" developed by the Washington State Department of Ecology.

  3.  Odorous materials such as spoiled foods, blood and slaughterhouse wastes shall be immediately processed to prevent odors.

  4.  The composted material shall not reheat upon standing, shall be innocuous, and shall contain no sharp particles which would cause injury to persons handling the compost.

SECTION 9.  BULKY WASTE.   Bulky wastes shall be stored and transported in such as manner so as not to create a nuisance or safety hazard.  Bulky waste should be recycled.  If recycling is not feasible, these wastes shall be taken directly to a disposal site permitted to accept oversized waste.  Landclearing bulky waste such as tree stumps, trees, portions of buildings, and other waste shall be transported directly to a transfer station or landfill designed to accept these bulky wastes; Provided, that nothing herein shall prevent these wastes from being salvaged and/or used as firewood.

SECTION 10.  EXCAVATED SOIL/FILL MATERIAL.    The health officer shall have the authority to inspect and screen any excavated dirt, soil or other material intended for use as upland fill if the  material is suspected of containing contaminants at significant levels to endanger the public health, safety or the environment.  If the material is determined not to be a Dangerous Waste, but still contains a significant level of contaminants which could create a problem from:  becoming airborne (breathing or nuisance odor), skin contact, leaching into surface or ground wastes or entering the food chain, the health officer can regulate  the material as solid waste.  (See Part VI, Section 4.D)
 
 

PART V - DISPOSAL SITE STANDARDS

SECTION 1.  LOCATIONAL REQUIREMENTS.
 

 A.  APPLICABILITY.  These standards apply to all new  and expanded disposal sites, including landfills, landspreading sites, and piles and surface impoundments that are to be closed as landfills.  These standards do not apply to existing facilities or facilities that have closed before the effective date of these Rules and Regulations, interim solid waste handling sites, energy recovery and incineration sites, pile and surface impoundments used for storage, utilization of sludge and other wastes on land, inert/demolition sites, and problem waste sites.

 B. LOCATIONAL STANDARDS.  All applicable solid waste facilities shall be subject to the following locational standards:

  1.  Geology.  No facility shall be located over a holocene fault, in subsidence areas, or on or adjacent to geologic features which would compromise the structural integrity of the facility.

  2.  Ground water.

   a.  No facility shall be located at a site where the bottom of the lowest liner is any less than ten feet above the seasonal high level of ground water in the uppermost aquifer, or five feet when a hydraulic gradient control system or the equivalent has been installed to control ground water fluctuations;

   b.  No landfill shall be located over a sole source aquifer; and

   c.  No facilityís active area shall be located closer than one thousand feet to a down-gradient drinking water supply well, in use and existing at the time of the countyís adoption of the Comprehensive Solid Waste Management Plan unless the owner or operator can show that the active area is no less than ninety days travel time hydraulically to the nearest down-gradient drinking water supply well in the uppermost useable aquifer.
 

  3.  Surface water.  No facilityís active area shall be located within two hundred feet measured horizontally, of a stream, lake, pond, river, or salt water body, nor in any  wetland nor any public land that is being  used by a public water system for watershed control for municipal drinking  water purposes in accordance with WAC 248-54-660(4);

  4.  Slope.  No facilityís active area shall be located on any hill whose slope is unstable;

  5.  Land use.  No facility shall be located:

   a.  Within ten thousand feet of any airport runway currently used by only piston-type aircraft unless a waiver is granted by the federal aviation administration.  This requirement is only applicable where such facility is used for disposing of garbage such that a bird hazard to aircraft would be created;

   b.  In areas designated by the United States Fish and Wildlife Service or the Department of Game as critical habitat for endangered or threatened species of plants, fish, or wildlife;

   c.  So that the active area is any closer than one hundred feet to the facility property line for land zoned as nonresidential, except that the active area may be no closer than two hundred and fifty feet to the property line of adjacent land zoned as residential existing at the time of the countyís adoption of the Comprehensive Solid Waste Management Plan;

   d.  So as to be at variance with any locally-adopted land use plan or zoning requirement unless otherwise provided by local law or ordinance;  and

   e.  So that the active area is any closer than one thousand feet to any state or  national park.
 

SECTION 2.  PLAN OF OPERATION.
 

 A.  APPLICABILITY.  All applicable solid waste handling facilities shall meet the requirements of this section.

 B.  PLAN OF OPERATION.  Each owner or operator shall develop, keep and abide by a plan of operation approved as part of the permitting process in Part III, Section 2.  The plan shall describe the facilitiesí operation and shall convey to site operating personnel the concept of operation intended by the designer. The plan of operation shall be available for inspection at the request of the health officer.  The facility  must be operated in accordance with the plan or the plan must be so modified with the approval of the health officer.  Owners or operators of drop boxes may develop a generic plan of operation applicable to all such drop boxes, owned or operated.

 Each plan of operation shall include:
  1.  How solid wastes are to be handled on-site during their active life;
  2.  How the facility will be closed and, for land disposal facilities, how post-closure will be carried out;
  3.  How inspections and monitoring are conducted and their frequency;
  4.  Actions to take if there is a fire or explosion;
  5.  Actions to take if leaks are detected;
  6.  Corrective action programs to take if ground water is contaminated;
  7.  Actions to take for other releases (e.g. failure of run-off containment system);
  8.  How equipment such as leachate collection and gas collection equipment are to be maintained;
  9.  A safety plan or procedure; and
  10. Other such details as required by the health officer.

 C.  RECORDKEEPING .  Each owner or operator shall maintain daily operating records on the weights  (or volumes), number of vehicles entering and, if available, the types of wastes received.  The annual report shall cover facility activities during the previous year and must include the  following information:

 D.  REPORTING.  Each owner or operator shall prepare and submit a copy of an annual report to the health officer and the Department of Ecology by March 1 of each year.  The annual report shall cover facility activities during the previous year and must include the following information:

  1.  Name and address of the facility;

  2.  Calendar year covered by the report;

  3.  Annual quantity in tons, or volume in cubic yards, and estimated in-place density in pounds per cubic yard of solid waste handled, by type of solid waste if available, for each type of treatment, storage, or disposal facility, including applicable recycling facilities; and

  4.  Results of ground water monitoring required in Part VI, Section 1.

 E.  INSPECTIONS.  The owner or operator shall inspect the facility to prevent malfunctions and deterioration, operator errors and discharges which may cause or lead to the release of wastes into the environment or a threat to human health.  The owner or operator must conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment.  The owner or operator shall keep an inspection log or summary including at least the date and time of inspection, the printed name and the handwritten signature of the inspector, a notation of observations made and the date and nature of any repairs or corrective action.  The log or summary must be kept at the facility or other convenient location if permanent office facilities are not on-site, for at least three years from the date of inspection.  Inspections records shall be available to the health officer upon request.

 F.  RECORDING WITH RECORDS DIVISION.  Maps and a statement of fact concerning the location  of the disposal site shall be recorded as part of the deed with the records division not later than three months after closure.  Records and plans specifying solid waste amounts, location and periods of operation shall be submitted to the local zoning authority or the authority with jurisdiction over land use and be made available for inspection.

 G.  STATE AND LOCAL REQUIREMENTS.  All solid waste disposal facilities shall comply  with all state and local requirements such as zoning land use, fire protection, water pollution prevention, air pollution prevention, nuisance and aesthetics.

SECTION 3.  CLOSURE.
 

 A.  OPERATIONAL REQUIREMENTS.  Each owner or operator shall close the facility according to plans spelled out in the plan of operation.  Solid waste facilities shall be restored by the owner or operator to be as compatible as possible with the surrounding environs following the closure.  Closure includes but is not limited to grading, seeding, landscaping, contouring, and screening.  For interim solid waste handling sites, closure includes waste removal and decontamination.  Following the closure of a land fill or landfill site, and inspection by the health officer, necessary  maintenance and repairs shall be made by the owner and/or operator of the site until the fill has been stabilized for a period of thirty years or longer as required by the health officer.    Necessary  maintenance includes leachate collection and treatment, methane testing and control, fumarole and surface repairs and other conditions required by the health officer.  The owner and /or operator shall inspect the site on an approved schedule as necessary to verify conditions.  Annually, until the site has been stabilized, the owner and/or operator of a closed disposal site shall submit a report prepared by an approved engineer stating the conditions noted from the inspections of the site and any alterations from the original closure plan, and any recommended revisions.  Any construction or excavation on a completed landfill shall proceed only after written notification to and approval by the health officer.

 B.  RECORDING WITH RECORDS DIVISION.   Maps and a statement of fact concerning the disposal area shall be recorded as part of the deed with the records division prior to approval of the final closure plan.  Records and plans specifying the general nature of the materials, location of the disposal areas, and periods of operation shall be included on the recorded map.  Areas used for the disposal of wastes shall not be sold or transferred without prior  notification of the health officer.

 C.  SURETY BOND ADDITIONAL REQUIREMENTS.   A surety bond must be renewed annually after the completion of any landfill or inert/demolition landfill site until the fill has been stabilized for a period of thirty years or as long as required by the health officer.

SECTION 4.  LANDFILLING.
 

 A.  APPLICABILITY.  These standards apply to facilities that dispose of solid waste in landfills except for:

  1.  Inert wastes and demolition wastes landfills, that must meet Part V, Section 8 standards; and

  2.  Woodwaste landfills that must meet Part V, Section 9 standards.

 B.  MINIMUM FUNCTIONAL STANDARDS FOR PERFORMANCE.

  1.  Ground water.  An owner or operator of a landfill shall not contaminate the ground water underlying the landfill, beyond the point of compliance.  Contamination and point of compliance are defined in Part II, Sections 1 and 4 respectively.

  2.  Air quality and toxic air emissions.

   a.  An owner or operator of a landfill shall not allow explosive gases generated by the facility  whose concentration exceeds:

    (1) Twenty-five percent of the lower explosive limit for the gases in facility structures (excluding gas control or recovery system components);

    (2) The lower explosive limit for the gases at the property boundary or beyond; and

    (3) One hundred parts per million by volume of hydrocarbons (expressed as methane) in off-site structures.

   b.  An owner or operator of a landfill shall not cause a violation of any ambient air quality standard at the property boundary or emission standard from any emission of landfill gases, combustion or any other emission associated with a landfill.

  3.  Surface waters.  An owner or operator of a landfill shall not cause a violation of any receiving  water quality standard or violate Chapter 90.48 RCW from discharges of surface run-off, leachate or any other liquid associated with a landfill.

 C.  MINIMUM FUNCTIONAL STANDARDS FOR DESIGN.

  1.  Minimizing liquids.  All owners or operators of landfills shall minimize liquids admitted to active areas of landfills by:

   a.  Covering according to Part V, Section 4;

   b.  Prohibiting the disposal of noncontainerized liquids or sludges containing free liquids in landfills unless approved by the health officer;

   c.  Designing the landfill to prevent all the run-on of surface waters and other liquids resulting from a maximum flow of a twenty-five year storm into the active area of the landfill;

   d.  Designing the landfill to collect the run-off of surface waters and other liquids resulting from a twenty-four hour, twenty-five year storm from the active area and the closed portions of a landfill;

  2.  Leachate systems. All owners or operators of landfills shall:

   a. Install a leachate collection system sized according to water balance calculations or using other accepted engineering methods either of which shall be approved by the health officer;

   b.  Install a leachate collection system so as to prevent no more than two feet of leachate developing at the topographical low point of the active area;  and

   c.  Install a leachate treatment, or a pretreatment system if necessary in the case of discharge to a municipal waste water treatment plant, to meet the requirements for permitted discharge under Chapter 90.48 RCW and the Federal Clean Water Act (PL 95-217).

  3.  Liner designs.  All owners or operators of landfills shall use liners of one of the following designs:

   a.  Standard design.   The liner shall be constructed of at least a four feet thick layer of recompacted clay or other material with a permeability of no more than 1 x 10-7 cm/sec and sloped no less than two percent; or

   b.  Alternative design.  The design shall have two liners:

    (1) An upper liner of at least fifty mils thickness made of synthetic material; and

    (2) A lower liner of at least two feet thickness of recompacted clay or other material with a permeability of no more than 1 x 10-6 cm/sec and sloped no less than two percent; or

   c. Equivalent design.  The design shall use alternative methods, operating practices and locational characteristics which will minimize the migration of solid waste constituents or leachate into ground or surface water at least as effectively as the liners of 3.a and 3.b of this subsection; or

  4.  Small landfill designs.  For a landfill whose design and permit allow a total capacity at closure of two hundred thousand cubic yards or less, the need for a liner and leachate collection system shall be determined on a case-by case basis by the health officer  in consultation with the Department of Ecology.

  5.  Floodplains. All owners or operators of landfills that are located in one hundred year floodplain shall:

   a. Comply with local floodplain management ordinances and Chapter 508-60 WAC, Administration of flood control zones; and

   b.  Design the landfill so that the landfill entrance or exit roads or practices shall not restrict the flow of the base flood, reduce the temporary water storage capacity of the floodplain or result in washout of solid waste, so as to pose a hazard to human life, wildlife, land or water resources.

  6.  Closure.  All owners and operators shall design landfills so that at closure:

   a.  At least two feet of 1 x 10-6 cm/sec or lower permeability soil or equivalent shall be placed upon the final lifts.  Artificial liners may replace soil covers provided that a minimum of fifty  mils thickness  is used;

   b.  The grade of surface slopes shall not be less than two percent, nor the grade of side slopes more than thirty-three percent; and

   c.  Final cover of at least six inches of topsoil be placed over the soil cover  and seeded with grass, other shallow rooted vegetation or other native vegetation.

  7.  Gas control.  All owners or operators shall design landfills, having a permitted capacity of greater than ten thousand cubic yards per year, so that methane and other gases are continuously collected, and

   a.  Purified for sale;

   b.  Flared; or

   c.  Utilized for its energy  value.

  Installation of a landfill gas system requires a permit from the Puget Sound Air Pollution Control Agency.  Collection and handling of landfill gases shall not be required if it can be shown that little or no landfill gases will be produced or that landfill gases will not support combustion; in such cases installation of  vents shall be required.

  8.  Other requirements.  All owners and operators of landfills shall design landfills to:

   a.  Be fenced at the property boundary or use other means to impede entry by the public and animals.  A lockable gate shall be required at the entry to the landfill;

   b.  Monitor ground water according to Part VI, Section 1 using a design approved by the health officer with the guidance of the Department of Ecology.  The health officer may also require monitoring of:

    (1) Surface waters, including run-off;

    (2)  Leachate

    (3)  Subsurface landfill gas movement (see Part VI, Section 2) and ambient air; and

    (4) Noise.

   c.  Weigh all incoming  waste on scales for landfills having a permitted capacity of greater than ten thousand cubic yards per year or provide an equivalent method of measuring  waste tonnage capable of estimating total annual solid waste tonnage to within plus or minus five percent;

   d.  Provide for employee facilities including shelter, toilets, hand washing  facilities and potable drinking  water for landfills having the equivalent of three or more full-time employees;

   e.  Erect a sign at the site entrance that identifies at least the name of site, if applicable, the hours during which the site is open for public use, unacceptable materials and an emergency phone number;

   f.  Provide on-site fire protection as determined by the local and state fire control jurisdiction;

   g.  Prevent potential rat and other vectors (such as insects, birds, and burrowing animals) harborages in buildings, facilities and active areas;

   h.  Provide unloading area(s) to be as small as possible, consistent with good traffic patterns and safe operation;

   i.  Provide approach and exit roads to be of all-weather construction, with traffic separation and traffic control on-site, and at the site entrance; and

   j.  Provide communication between employees working at the landfill and management offices on-site and off-site (such as telephones ) to handle emergencies.

 D.  MINIMUM FUNCTIONAL STANDARDS FOR MAINTENANCE AND OPERATION.

  1.  Operating plans. All owner or operators of landfills shall maintain and operate the facility so as to conform to the approved plan of operation.

  2.  Operating details.  All owners of landfills shall operate the facility so as to;

   a.  Control road dust;

   b.  Perform no open burning unless permitted by the jurisdictional air pollution control agency or the Department of Ecology under the Washington Clean Air Act, Chapter 70.94 RCW.  Open burning of garbage or other materials placed in landfill shall not be allowed.

   c.  Collect scattered litter as necessary to avoid a fire hazard or an aesthetic nuisance.

   d.  Prohibit scavenging;

   e.  Conduct on-site reclamation in an orderly sanitary manner, and in a way that does not interfere with the disposal site operation;

   f.  Insure that reserve operational equipment shall be available to maintain  and meet these standards.

   g.  Control insects, rodents and other vectors; and

   h.  Insure that reserve operational equipment shall be available to maintain and meet these standards.

  3.  Boundary post.  All owners or operators of landfills shall clearly mark the active area boundaries authorized in the permit, with permanent posts or using equivalent method clearly  visible for inspection purposes.

  4.  Compaction and daily cover. All owners or operators of landfills shall:

   a.  Thoroughly compact  the solid waste before succeeding layers are added; and

   b.  Cover compacted waste containing garbage fully with at least six inches of compacted cover material after each day of operation.  The health officer may allow for less frequent daily cover if the owner/operator can adhere to mutually agreed upon performance standards.

  5.  Secondary cover.  After reaching the final elevation of a given area of a site, the area shall be capped with an equivalent of two feet (0.61 meters) of compacted soil or other impervious material and adequately graded to allow surface water to run off.  Such cover shall be impervious material and adequately graded to allow surface water to run off. Such cover shall be completed within a time period approved by the health officer.  If it is anticipated that the time interval between secondary cover and final surfacing shall exceed nine months, the area shall be adequately seeded with native grasses or other suitable vegetation.  Sewage sludge application may be approved by the health officer to enhance vegetative growth.  Slopes exceeding six percent shall be mulched or adequately stabilized so as to prevent or correct erosion.

  6.  Final cover.  The finished surface of the filled area shall be covered with adequate tillable soil graded adequately to allow surface water run off, and adequately seeded with native grasses or other suitable vegetation on a schedule to be determined by the health officer.  Sewage sludge application may be approved by the health officer to enhance vegetative growth.  Slopes exceeding six percent shall be mulched or adequately stabilized in such a manner so as to prevent or correct erosion. Final grades shall conform to those specified in the approved design plan.

  7.  Monitoring systems.  All owners and operators of landfills shall maintain the monitoring system required in C.8.b of this section.

  8.  Recycling required.

   a.  All owners or operators of landfills at which the general public delivers household solid waste shall provide the opportunity for the general public to recycle cans, bottles, paper and other material for which a market exists and which has been brought to the landfill site;

    (1) During the normal hours of operation;

    (2) In facilities convenient to the public (i.e., near entrance to the gate.)

   b.  Owners or operators may demonstrate alternative means to providing an opportunity to the general public to recycle household solid waste.

  9.  Disposal of dangerous waste is prohibited.  Owners or operators of landfills shall not knowingly dispose, treat, store or other wise handle dangerous waste unless the requirements of the dangerous waste regulation, Chapter 173-303 WAC are met.

 E.  MINIMUM FUNCTIONAL STANDARDS FOR CLOSURE AND POST-CLOSURE.

  1.  All owners or operators of landfills shall close landfills in such a manner as to comply with Part V, Section 3.

  2.  All owners or operators of landfills shall close landfills in a manner that:

   a.  Minimizes the need for further maintenance;

   b.  Controls, minimizes or eliminates to the extent necessary threats to human health and the environment from post-closure escape of solid waste constituents, leachate, landfill gases, contaminated rainfall or waste decomposition products to the ground, surface water, ground water or the atmosphere.

   c.  Returns the land to the appearance and use of surrounding land areas to the degree possible; and

   d.  Allows continued monitoring of all media (air, land and water) as long as necessary for the waste to stabilize and to protect human health and the environment.

  3.  All owners or operators of landfills must have a written estimate, in current dollars, of the cost of closing the facility.  The closure cost estimate must equal the cost of closure at the point in the operating life of the facility when the extent and manner of operation would make closure the most expensive; as indicated by the closure plan.

  In addition, all facilities must have a written post-closure estimate, in current dollars, the cost of post-closure monitoring and maintenance during the post-closure period.

 F.  ABANDONED LANDFILL SITE.  All abandoned landfills shall be maintained by the owner and/or operator so as not to create a risk to the public health.  The health officer shall have the authority to require surface repairs, methane monitoring and control, surface and ground water  monitoring, leachate control, and any additional measures determined necessary to protect the public health and the environment.
 

SECTION 5. LANDSPREADING.
 

 A.  SEWAGE SLUDGE LANDSPREADING - GENERAL.  All sewage sludge landspreading sites shall comply  with the provisions set forth under Part IV, Section 6, Sewage Sludge, and shall be under permit by the health officer. A land utilization of sewage sludge permit application detailing site characteristics and an operations and control plan must be submitted to the health officer for all Type (A) sites and for Type (B) landspreading areas that exceed two acres.  The health officer shall determine the degree of completeness of an application on a case-by-case basis.

 Applications may be approved, denied or conditioned by the  health officer.  The decision may be based on criteria established within the "Best Management Practices Manual" and the "Municipal and Domestic Sludge Utilization Guidelines" published by the Washington State Department of Ecology, and so as not to pose a risk to the public health or environment. Sewage sludge shall be applied to soil if the soil is capable of assimilating the wastes and preventing the sewage sludge and potentially harmful by-products from moving onto adjacent land, into surface waters, and into ground waters.

 B.  SEWAGE SLUDGE AND SITE CHARACTERISTICS.  The site characteristics portion of the application shall include a description of:

  1.  Sewage sludge characteristics, including levels of pathogens, heavy metals, PCBís and other contaminants.  A description of the sewage sludge treatment process is also required.
  2.  Soils, including permeability, texture, structure, pH, cation exchange capacity and background heavy metals levels.

  3.  Relevant site characteristics, including rainfall, ground water conditions and depth to bedrock.

  4.  Site map showing acreage, zoning, location of site to community, location of nearby residences, roadways, property lines, etc. The location of streams, drainages, flood plains and other surface waters should be shown. General direction and degree of slope must be indicated.  Any public or private drinking water supplies which could be impacted by this project must be shown.

  5. The plan for the proposed method of operations and general control of the site shall include, but not be limited to:

   a.  Site use, including intended crop usage.

   b.  Sufficient public access and controls to prevent the public from being exposed to potential health and safety hazards.

   c.  Sewage sludge application methods, rates and season.

   d.  Site monitoring.

   e.  Surface water monitoring.

 C.  APPLICATION AND MANAGEMENT.  Application rates and methods shall be in accordance with the "Best management Practices manual" and the "Municipal and Domestic Sludge Utilization Guidelines"  published by the Department of Ecology.  The health officer may require site monitoring and surface water diversion after application.  The health officer may require the property owner to record the permit for application of municipal sludge with the King County records and elections office.

 D.  SEWAGE SLUDGE LANDFILL DISPOSAL.  The following requirements shall apply:

  1.  Trenching.  Where a subsurface excavation at a landfill or inert/demolition landfill is used, sewage sludge shall be placed entirely below the original ground water surface.  Trench width and depth shall be approved by the health officer based upon volume needed, depth to ground water, sidewall stability and equipment limitations.  Daily  covering shall be required.

  2.  Sewage sludge/soil mixing. Sewage sludge may be mixed with soil as secondary or final cover over completed areas of refuse only at landfills or inert/demolition landfills.  Such cover material shall be spread in a manner which prevents health hazards or nuisances.

  3.   Other methods.  Sewage sludge may be deposited at landfills or inert/demolition landfills using other methods approved by the health officer.
 

SECTION 6.  SURFACE IMPOUNDMENTS.
 

 A.  APPLICABILITY.

  1.  These standards are applicable to solid waste that are liquids or sludges containing free liquids as defined in Part II, Section 5 and applicable under Part 1, Section 3 and are stored or treated in surface impoundments;

  2.  These standards are also applicable to sludges and septage stored or treated in surface impoundments; and

  3.  These standards are not applicable to:

   a.  Surface impoundments whose facilities and discharges are otherwise regulated under federal, state or local water pollution permit; and

   b.  Retention or detention basins used to collect and store stormwater runoff.

 B.  REQUIREMENTS.  All surface impoundments must be designed, constructed, and operated so as to:

  1.  Meet the performance standards of Part V, Section 4.B;

  2.  Have an inplace or imported soil liner of at least two feet of 1x 10-7 cm/sec permeability or an equivalent combination of any thickness greater than two feet and a greater permeability to protect the underlying aquifers or a thirty mil reinforced artificial liner placed on top of a structurally stable foundation to support the liners and solid waste and to prevent settlement that would destroy the liner; natural soils shall be recompacted to achieve an equivalent permeability.  Owners or operators shall be allowed to use alternative designs, operating practices and locational characteristics which prevent migration of solid waste constituents or leachate into the ground or surface waters at least as effectively as the liners described in this subsection.

  3.  Avoid washout including the use of an extended liner or dikes or restriction of flow in the one hundred year floodplain and to comply with local floodplain management ordinances and Chapter 508-60 WAC, Administration of Flood Control Zones;

  4.  Have dikes designed with slopes so as to maintain the structural integrity under conditions of a leaking liner and capable of withstanding erosion from wave action;

  5.  Have a freeboard equal to or greater than eighteen inches to avoid overtopping from wave action, overfilling, or precipitation;

  6.  Have either a ground water monitoring system, or a leachate detection, collection and treatment system, for surface impoundments having a capacity of more than two million gallons unless the health office and the Department of Ecology require either for smaller surface impoundments.  For purposes of this subsection, capacity refers to the total capacity of all surface  impoundments onsite (i.e., two, one million gallon surface impoundments on one site will trigger these monitoring requirements);

  7.  Be closed in a manner which removes all solid wastes including liners, etc. to another permitted facility and the site returned to its original or acceptable topography except the surface impoundments closed with the waste remaining in place shall meet the requirements of Part V, Section 4.E and Part V, Section 1;

  8.  The health officer may require that the liner be inspected for wear and integrity and repaired or replaced by removing stored solid wastes or otherwise inspecting the liner or base at any time.  The request shall be in writing  and cite the reasons including valid ground water monitoring or leachate detection data leading to such an inspection and repair;

  9.  Surface impoundments containing septage will also be subject to the Department of Ecologyís "Criteria for Sewage Works Design" DOE 78-5 revised 1985 used to review plans for setage surface impoundments; and

  10.  Surface impoundments that have the potential to impound more than ten acre-feet of waste measured from the top of the dike and which would be released by a failure of the containment dike shall be reviewed and approved by the dam safety section of the Department of Ecology.

SECTION 7.  STORAGE AND TREATMENT PILES.
 

 A.  APPLICABILITY.

  1.  This section is applicable to solid waste stored or treated as piles as defined in Part II, Section 5 where putrescible wastes (other than garbage) are in place for more than three weeks, other wastes not intended for recycling are in place for more than three months, and garbage is in place for storing of garbage and sludge in piles, and to tire piles where more than eight hundred tires are stored in one facility.

  2.  Other solid wastes stored or treated in piles prior to waste recycling including compost piles of vegetative waste, piles of woodwaste used for fuel or raw  materials are subject to Part V,  Section 12;

  3.   Waste piles stored in fully enclosed buildings are not subject to these standards, provided that no liquids or sludges with free liquids are added to the pile;

  4.  Inert wastes and demolition wastes are not subject to these standards.

 B.  REQUIREMENTS.  All owners and operators shall:

  1.  Comply  with the requirements of the General Facility Requirements, Part V,  Sections 1, 2, and 3;

  2.  Design piles located in a one hundred year flood plain to:

   a.  comply with local flood plain management ordinances and Chapter 508-60 WAC, Administration of Flood Control Zones; and

   b.  To avoid washout or restriction of flow.

  3.  Remove all solid waste from the pile at closure to another permitted facility.

 C.  REQUIREMENTS FOR PUTRESCIBLE WASTES OR WASTES LIKELY TO PRODUCE LEACHATE.

  1.  Waste piles shall be placed upon a surface such as sealed concrete, asphalt, clay or an artificial liner underlying the pile, to prevent subsurface soil and potential ground water contamination and to allow collection of run-off and leachate. The liner shall be designed of sufficient thickness and strength to withstand stresses imposed by pile handling vehicles and the pile itself;

  2.  Run-off systems shall be installed, designed and maintained to handle a twenty-four hour, twenty-five year storm event;

  3.  Waste piles having a capacity of greater than ten thousand cubic yards shall have either:

   a.  A ground water monitoring system that complies with Part VI, Section 1; or

   b.  A leachate detection, collection and treatment system.

  For purposes of this subsection, capacity refers to the total capacity of all putrescible or leachate-generating piles at one facility (i.e., two, five thousand cubic yard piles will subject the facility to the requirements of this subsection).

  4.  Run-on prevention systems shall be designed and maintained to handle the maximum flow from a twenty-five year storm event; and

  5.  The health officer may require that the entire base or liner shall be inspected for wear and integrity and repaired or replaced by removing stored wastes or otherwise providing inspection access to the base or liner; the request shall be in writing and cite the reasons including valid ground water monitoring or leachate detection data leading the health officer to request such an inspection, repair or replacement.

 D.  REQUIREMENTS FOR TIRE PILES.  Owners or operators shall:

  1.  Control access to the tire pile by fencing;

  2.  Limit the tire pile to a maximum of one-half acre in size;

  3.  Limit the height of the tire pile to twenty feet;

  4.  Provide for a thirty foot fire lane between tire piles; and

  5.  Provide on-site fire control equipment.

SECTION 8.  INERT AND DEMOLITION WASTE LANDFILLING.
 

 A.  APPLICABILITY.  These standards apply to facilities that landfill more than two thousand cubic yards of inert wastes and demolition wastes, as defined in Part II, Section 2 including facilities that use inert waste and demolition waste as a component of fill.  Inert wastes and demolition wastes used as road building materials are excluded from this section.  These standards do not apply to asbestos containing waste regulated under the Federal 40 CFR Part 61 Rules and the Dangerous Waste Regulation, Chapter 173-303 WAC.

 B. REQUIREMENTS.

  1.  Inert wastes and demolition waste landfilling facilities shall not be subject to the Locational Standards for Disposal Sites, Part V, Section 1 except for Part V, Section 1.B.4, slope.

  2.  Owners or operators of inert waste and demolition waste landfill shall maintain a record of the weights or volumes and types of waste disposed of at each site.

  3.  Owners or operators of inert wastes and demolition landfills shall employ measures to prevent emission of fugitive dusts, when weather conditions or climate indicate that transport of dust off-site is liable to create a nuisance.   Preventative measures include watering of roads and covering.

  4.  Timbers, wood and other combustible waste shall be covered as needed during the summer months to avoid a fire hazard.

  5.  Owners or operators of inert wastes and demolition landfills shall close the facility by leveling the wastes to the extent practicable and shall fill any voids posing a physical hazard for persons after closure and to maintain an aesthetic appearance.  A minimum of one foot of soil shall be used to close landfills.

  6.  Owners or operators of inert wastes and demolition waste landfills shall obtain a permit, as set forth in Part III from the health officer.

  7.  Owners or operators of inert wastes and demolition landfills shall meet the requirements of Part V, Section 2.F, recording with the records division.

  8.  Owners or operators of inert waste or demolition waste landfills shall not accept any other form of waste except inert waste and demolition waste.

  9.  Owners or operators of inert waste and demolition waste landfills shall prevent unauthorized disposal during off-hours by controlling entry (i.e., lockable gate or barrier) when the facility is not being used.
 

SECTION 9.  WOODWASTE LANDFILLING.
 

 A.  APPLICABILITY.  These requirements apply to facilities that landfill more than two thousand cubic yards of woodwaste including facilities that use woodwaste as a component of fill.  Woodwaste is defined in Part II, Section 6.  These standards are not applicable to woodwaste landfills on federal lands regulated under the Forest Practices Act, Chapter 76.09 RCW.

 B.  MINIMUM FUNCTIONAL STANDARDS.

  1.  Woodwaste landfills are not subject to Part V, Section 1 Locational Standards except for Part V, Section 1.B.2.c Down Gradient Drinking Water Supply Well and 1.B.3 Surface Water.  Woodwastes may be used as a component of fill within a shoreline and associated wetlands only if a demonstrated and proven technology to prevent ground and surface water contamination if used.

  2.  Owners or operators of woodwaste landfills shall maintain a record of the weights or volumes of waste disposed of at each facility.

  3. Owners or operators of woodwaste landfills shall not accept any other wastes except woodwaste.

  4. Owners or operators of woodwaste landfills shall prevent run-on from a maximum twenty-five year storm.

  5.  All woodwaste landfills having a capacity of greater than ten thousand cubic yards at  closure shall either:

   a.  Have a ground water monitoring system that complies with Part VI, Section 1 and the woodwaste landfill meet the performance standards of Part V, Section 4; or

   b.  Have a leachate collection and methane gas control system.

  6. Owners or operators of woodwaste landfills shall not deposit woodwaste in lifts to a height of more than ten feet per lift with at least one foot of cover material between lifts to avoid hot spots and fires in the summer and to avoid excessive build-up of leachate in the winter, and shall compact woodwaste as necessary to prevent voids.

  7. Owners or operators of woodwaste landfills shall prevent unauthorized disposal during off-hours by controlling entry (i.e., lockable gate or barrier), when the facility is not being used.

  8. Owners or operators of woodwaste landfills shall close the facility by leveling and compacting the wastes and applying compacted soil cover of at least two feet thickness.

  9.  Owners or operators of woodwaste landfills shall obtain a permit as set forth in Part III from the health officer.
 

SECTION 10.  TRANSFER STATIONS.
 

 A. APPLICABILITY. All transfer stations, baling and compaction systems and drop boxes receiving solid waste from off-site shall meet the requirements of this section.  Facilities receiving solid waste from on-site shall meet the requirements of Part IV, Section 1.

 B.  REQUIREMENTS - TRANSFER STATIONS, BALING AND COMPACTING  SYSTEMS STANDARDS.  Transfer stations, baling and compaction systems shall be designed , constructed, and operated so as to:

  1.  Be surrounded by a fence, trees, shrubbery or natural features so as to control access and be screened from the view of immediately adjacent neighbors, unless the tipping floor is fully enclosed by a building;

  2.  Be sturdy and constructed of easily cleanable materials;

  3.  Be free of potential rat harborages, and provide effective means to control rodents, insects, birds and other vermin;

  4. Be adequately screened to prevent blowing of litter and to provide effective means to control litter;

  5.  Provide protection of the tipping floor from wind, rain or snow other than below grade bins or detachable containers;

  6.  Have an adequate buffer zone around the operating area to minimize noise and dust nuisances, and for transfer stations, baling, or compaction systems, a buffer zone of fifty feet from the active area to the nearest property line in areas zoned residential;

  7.   Comply with local zoning and building codes including approved local variances and waivers;

  8.  Provide pollution control measures to protect surface and ground waters, including run-off collection and discharge designed and operated to handle a twenty-four hour, twenty-five year storm and equipment cleaning and washdown water;

  9.  Provide all-weather approach roads, exit roads, and all other vehicular areas;

  10.  Provide pollution control measures to protect air quality including a prohibition against all burning and the development of odor and dust control plans to be made a part of the plan of operation in Part V, Sections 2 and 3;

  11.  Prohibit scavenging;

  12.  Provide attendant(s) on-site during hours of operation;

  13.  Have a sign that identifies the facility and shows the name of the site, and, if applicable, hours during which the site is open for pubic use, what constituents materials not to accepted and other necessary information posted at the site entrance;

  14.  Have communication capabilities to immediately summon fire, police, or emergency personnel in event of an emergency; and

  15.  Remove all wastes at closure, as defined in part II, Section 1, from the permitted facility.
 

 C.  DROP BOX FACILITY STANDARDS.  Drop box facilities, as defined in Part II, Section 2 shall:

  1.  Be constructed of durable water tight materials with a lid or screen on top that prevents the loss of materials during transport and access by rats and other vermin;

  2.  Be located in an easily identifiable place accessible by all-weather roads;

  3.  Be designed and serviced as often as necessary to ensure adequate dumping capacity at all times.  Storage of solid waste outside the drop boxes is prohibited;

  4.  Comply with subsection B.13 of this section.

  5.  Remove all remaining wastes at closure, as defined in Part II, Section 1, to a permitted facility, and remove the drop box from the facility.

SECTION 11.  INCINERATION AND SOLID WASTE ENERGY RECOVERY FACILITIES.
 

 A. APPLICABILITY.  These standards apply to all facilities designed to burn more than twelve tons of solid waste per day, except for facilities burning woodwaste or gases recovered at landfills.

 B.  REQUIREMENTS FOR ENERGY RECOVERY FACILITIES AND INCINERATORS.

  1.  Air pollution standards.  Incinerators and solid waste energy recovery facilities shall be designed and operated in a manner that conforms with current Federal, State, regional and local air pollution control regulations.

  2.  Incinerators and energy recovery facilities storing putrescible wastes shall be confined to storage compartments specifically designed to store wastes temporarily in piles, surface impoundments, tanks or containers.  The storage facilities shall meet the facility standards of Part IV,  Section 1.  Storage of wastes other than in the specifically designed storage compartments is prohibited.  Equipment and space shall be provided in the storage and charging areas, and elsewhere as needed, to allow periodic cleaning as may be required in order to maintain the plant in a sanitary and clean condition;

  3.  All residues from energy recovery facilities or incinerator facilities shall be used, handled or disposed of as solid or dangerous wastes according to these standards of the dangerous waste regulation, Chapter 173-303 WAC;

  4.  Each owner or operator of an energy recovery facility or incinerator facility shall comply with Part V, Sections 2 and 3.  The plan of operation shall  address alternative storage, and/or disposal plans for all breakdowns that would result in overfilling of the storage facility.  The plan shall be made available for review by the health officer.

  5.  Each owner or operator shall close their energy recovery facility or incinerator by removing all ash, solid wastes and other  residues to a permitted facility.

  6.  Disposal of process water.  All water from the disposal site shall be discharged into a disposal system approved by the health officer and local sewer authority.  The treated discharge water shall not violate applicable water quality standards.

  7.  Pre-use inspection and performance tests.  Upon completion of the plant and prior to initial operation, the health officer and Puget Sound Pollution Control Agency (PSAPCA) shall be notified.  The health officer shall inspect the plant both prior to and during the performance tests.  A report covering the results of the performance test with all supporting data shall be certified by the design engineer of the project and submitted to the health officer.

  8.  The owner of operator of an energy recovery facility or incinerator shall be required to provide recycling facilities in a manner equivalent to Part V, Section 4.D.8; and

  9.  Owners or operators of energy recovery facilities and incinerators shall not knowingly dispose of, treat, store or otherwise handle dangerous waste unless the requirements of WAC 173-303 are met.

SECTION 12. RECYCLING.
 

 A.  APPLICABILITY.

  1.  These standards apply to facilities engaged in recycling or utilization of solid waste on the land including but not limited to:

   a.  Noncontainerized composting in piles;

   b.  Accumulation of wastes in piles for recycling or utilization.

  2.  These standards do not apply to:

   a.  Single family residences and single family farms engaged in composting their own wastes;

   b.  Facilities engaged in the recycling of solid waste containing garbage, such as garbage composting;

   c.  Facilities engaged in the storage of tires which are subject to Part V, Section 7;

   d.  Problem wastes as defined in part II, Section 4;

   e.  Facilities engaged in recycling of solid waste stored in surface impoundments which are subject to Part V, Section 6; and

   f.  Woodwaste or hog fuel piles to be used as fuel or raw  materials stored temporarily in piles being actively used so long as the criteria of Part V, Section 12.C.3.a are met.

   g.  Utilization of sewage sludge on land for beneficial use.

  3.  These standards do not apply to any facility that recycles or utilizes solid waste in containers, tanks, vessels, or in any enclosed building, including buy-back recycling centers.

 B.  EFFECTIVE DATES.  All existing facilities recycling solid waste not in conformance with this section shall be placed upon a compliance schedule under Part III, Section 3 to assure compliance by November 27, 1987.

 C.  WASTE RECYCLING REQUIREMENTS.

  1.  All applicable solid waste recycling facilities shall apply for and obtain a solid waste permit under Part III, Permits.

  2.  Applicable waste recycling facilities shall submit annual reports to the health officer and the Department of Ecology by March 1 of the following year for which data is collected on forms supplied by the Department of Ecology.  The annual reports shall include quantities and types of waste recycled for purposes of determining progress towards achieving the goals of waste reduction, waste recycling, and treatment in accordance with RCW 70.95.010(4). Such facilities may request and be assured of confidentiality for their reports in accordance with Chapter 42.17 RCW and RCW 43.21A.160.

  3.  All facilities storing solid waste in outdoor piles or surface impoundments for the purpose of waste recycling shall be considered to be storing or disposing of solid waste if:

   a.  At least fifty percent of the material has not been shown to have been recycled in the past three years and any material has been on-site more than five years; or

   b.  Ground water or surface water, air, and/or land contamination has occurred or will likely occur under current conditions of storage or in case of fire, or flood.

   Upon determination by the health officer that 3.a or 3.b of this subsection are met, the health officer may require a permit application and issuance of a permit under Part III, Section 3 of these Rules and Regulations.

  4.  Waste recycling facilities shall allow the health officer and Department of Ecology representatives entry for inspection purposes and to determine compliance with these Rules and Regulations at reasonable times.

  5.  All applicable waste recycling facilities shall not conflict with the county Comprehensive Solid Waste Management Plan required by WAC 173-304-011.

  6.  All waste recycling facilities shall comply with applicable local, state and federal laws and regulations, including but not limited to environmental regulations and laws.

 D.  WOODWASTE AND OTHER ORGANIC SLUDGE UTILIZATION REQUIREMENTS.

  1.  Facilities utilizing woodwaste not otherwise excluded under Part I, Section 3 shall comply with these recycling standards.  Applying woodwaste and other primarily organic sludges such as pulp and papermill treatment sludges to the land shall be in a manner consistent with the "Municipal and Domestic Sludge Utilization Guidelines: WDOE 82-11 dated September 1982 or as hereafter amended.  Only agricultural or silvicultural sites where such sludges are demonstrated to have soil conditioning or fertilizer value shall be acceptable, provided that the woodwaste and other primarily organic sludges are applied as a soil conditioner or fertilizer in accordance with accepted agricultural and silvicultural practice.  Facilities utilizing woodwaste or other primarily organic sludges on the land in a  manner not consistent with nor meeting the requirement of the guidelines are required to meet the landspreading disposal standards of Part V, Section 5.

  2.  Facilities utilizing woodwaste or other primarily organic sludges shall also comply with the standards of subsection C of this section.
 

PART VI - GENERAL REGULATIONS

SECTION 1.  GROUND WATER MONITORING.

 
 A.  APPLICABILITY.  These requirements apply to owners and operators of landfills, piles, landspreading disposal facilities, and surface impoundments that are required to perform ground water monitoring.

 B.  GROUND WATER MONITORING REQUIREMENTS.

  1.  The ground water monitoring system must:

   a.   Consist of at least one background or upgradient well and three down gradient wells, installed at appropriate locations and depths to yield ground water samples from the upper most aquifer and all hydraulically connected aquifers below the active portion of the facility.  The health officer may also require off-site monitoring of aquifers in cases where on-site monitoring detects ground water contamination in the parameters indicated in Subsection 3 of this section.

  b.  Up gradient wells must represent the quality of background water that has not been affected by leakage from the active area; and

  c.  Down gradient wells must represent the quality of ground water passing the point of compliance.  Additional wells may be required by the health officer in complicated hydrogeological settings or to define the extent of contamination detected.

  2.  All monitoring wells must be cased in a manner that maintains the integrity of the monitoring  well bore hole. This casing  must allow collection of representative ground water samples.  Wells must be constructed in such as manner as to prevent contamination :  a) of the samples, b) the sampled strata, and c) between aquifers and water bearing strata and in accordance with Chapter 173-160 WAC, Minimum Standards for Construction and Maintenance of Water Wells.

  3.  Test parameters.  The ground water monitoring program shall be made available for review by the health officer.  The program must include,  at a minimum, procedures and techniques for:

   a.  Decontamination of drilling and sampling equipment;

   b.  Sample collection;

   c.  Sample preservation and shipment;

   d.  Analytical procedure and quality assurance;

   e.  Chain of custody control and

   f.  Procedure to ensure employee health and safety during well installation and monitoring.

   All facilities shall test for the following parameters at each monitoring well at least quarterly during the life of an active area (including the closure period) and the post-closure care period:

   a.  Temperature;

   b.  Conductivity:

   c.  Chloride;

   d.  Nitrate, nitrite, and ammonia as nitrogen;

   e.  Sulfate;

   f.  Dissolved iron;

   g.  Dissolved zinc and manganese;

   h.  Chemical oxygen demand;

   i.  Total organic carbon; and

   j.  Total coliform.

   All facilities shall additionally test for the following parameters at each monitoring well at least annually during the life of an active area (including the closure period) and the post-closure care period:

   a.  Trichloroethylene

   b.  Carbon Tetrachloride

   c.  Vinyl Chloride

   d.  1,2- Dichloroethane

   e.  Benzene

   f.  1,1 Dichlorethylene

   g.  1,1,1 - Trichloroethane

   h.  p - Dichlorobenzene

   i.  Endrin

   j.  Lindane

   k.  Methoxychlor

   l.  Toxaphene

   m.  2, 4 D

   n.  2, 4, 5 - T.P.  Silvex

  4.  Evaluation.

   a.  The health officer in consultation with the Department of Ecology may specify additional or fewer constituents depending upon the nature of the waste.  Test methods used to detect the parameters of this subsection shall be those in EPA Publication Number SW-846,  "Test Methods for Evaluating Solid Waste - Physical/Chemical Methods" except for total coliform which shall use the latest edition of "Standard Methods for the Examination of Water and Wastewater."

   b.  The ground water monitoring program must include a determination of the ground water surface elevation each time ground water is sampled.

   c.  The owner or operator shall use a statistical procedure for determining whether a significant change over background has occurred.  The health officer will approve such a procedure with the guidance of the Department of Ecology.  The owner or operator must express the ground water quality at each monitoring well in a form necessary for the determination of statistically significant increases.

   d.  The owner or operator must determine and report the ground water flow rate and direction in the uppermost aquifer at least annually.

   e.  If the owner or operator determines that there is a statistically significant increase for parameters or constituents at any  monitoring  well at the compliance point, the owner or operator must:

    (1) Notify the health officer of this finding in writing  within seven days of receipt of the sampling data.   The notification must indicate what parameters or constituents have shown statistically significant increases;

    (2)  Immediately  resample the ground water in all monitoring wells and determine the concentration of all constituents listed in the definition of contamination in Part II, Section 1 including additional constituents identified in the permit and whether there is a statistically significant increase such that the ground water performance standard has been exceeded, and notify the health officer within fourteen days of receipt of the sampling data.
 

 C. CORRECTIVE ACTION PROGRAM.  An owner or operator required to establish a corrective action program under this section must, at a minimum with the approval of the  health officer:

  1.  Implement a corrective action program that reduces contamination and if possible prevents constituents from exceeding their respective concentration limits at the compliance point by removing the constituents, treating them in place, or other remedial measures;

  2.  Begin corrective action according to a written schedule after the ground water performance standard is exceeded;

  3.  Terminate corrective action measures once the concentrations of constituents are reduced to levels below the contaminant limits as defined in Part II, Section 1.

 C.  MAXIMUM CONTAMINANT LEVELS.  Maximum contaminant levels for ground water shall be those specified in Chapter 248-54 WAC, as the primary drinking water standards (Analytical methods for these contaminants may be found in the code of federal regulations 40 CFR Part 141) and in the Environmental Protection Agencyís proposed maximum contaminant levels found in "Standards for Volatile Organic Chemicals in Drinking Water" Volume 50, Number 219 of the Federal Register, pages 46880-46933 or as hereafter amended.
 

SECTION 2.  METHANE MONITORING.    All landfills and inert/demolition waste landfills shall provide for adequate venting, collecting or redirecting of gases generated by solid waste.  No methane shall be allowed to migrate to or beyond the property boundary above or below the ground in concentrations greater than the lower explosive limit for methane, or in excess of one-hundred parts per million by volume of hydrocarbons (expressed as methane) in off-site structures, or in excess of twenty-five percent of the lower explosive limit for gases in facility structures (excluding gas control or recovery system components).  It shall be the responsibility of the landfill operator and/or owner to develop a sampling and testing program to monitor gas production and migration.  Such program shall be approved by the health officer.
 

SECTION 3.  CONSTRUCTION STANDARDS.

 A. APPLICABILITY.  This construction restriction applies to all construction activities on /or within one-thousand feet of an active, closed or abandoned landfill that has been documented by the health officer to be generating levels of methane gas on-site at the lower explosive limits or greater levels.  The distance shall be calculated from the location of the proposed structure to the nearest property line of the active or former landfill site.

 B.  REQUIREMENTS.  All enclosed structures to be built within the one-thousand foot landfill zone must be protected from potential methane migration.  The method for insuring a structureís protection from methane shall be addressed in a report submitted by a licensed civil engineer to the local building department for approval.  Such a report shall contain a description of the investigation and recommendation(s) for preventing the accumulation of explosive concentrations of methane gas within or under enclosed portions of a building or structure.  At the time of final inspection, the civil engineer shall furnish a signed statement attesting that the building or structure has been constructed in accordance with his/her recommendations for addressing methane gas migration.

SECTION 4.  WASTE SCREENING.
 

 A.  DANGEROUS WASTE.  The health officer may screen any wastes suspected of being a regulated Dangerous Waste.  The screening process  may include testing, a disclosure of the waste constituents and waste generation process, and other additional information.  If the health officer determines that the waste is not a regulated Dangerous Waste but still poses a significant threat to the public health, safety or the environment, he/she may direct the generator or transporter to dispose of the waste at a specified site.  If the health officer determines that the waste is a regulated dangerous waste he/she shall notify the Department of Ecology which shall have full jurisdiction regarding handling and disposal.  The Dangerous Waste  Regulations WAC 173-303 shall be considered when screening and making waste determinations.
 

 B.  DISPOSAL SITE.  If during inspections of waste the health officer observes waste suspected of being regulated Dangerous Waste because of physical properties of the waste, he/she shall have the authority to require the site operator to segregate and hold any such waste.  If the health officer determines that testing is required to identify the waste, the generator shall be responsible for such analysis and if the generator is not know, the site operator shall be responsible for funding such analysis. The disposal site operator and/or attendants shall have similar authority not to accept suspect wastes.

 C.  PROCEDURES.  When such wastes are identified as being suspect dangerous wastes the health officer may issue a notice for requirement of screening.  This notice will specify requirements which must be met to satisfy the screening process and a schedule of compliance.

 D.  EXCAVATED SOIL/FILL MATERIAL.  The health officer shall have the authority to inspect and screen any excavated dirt, solid or other material intended for use as upland fill if the  material is suspected of containing contaminants at  significant levels to endanger the public health, safety or the environment.  These levels and the procedures for inspection and screening are to be approved by the Board of Health by rulemaking through a public hearing.  The health officer may require the suspect material to be tested to identify the contaminant(s) and/or the concentration.  If the material is determined not to be a Dangerous Waste, but still contains a significant level of contaminants which could create a problem for:  becoming airborne (breathing or nuisance odor), skin contact, leaching into surface or ground waters or entering the food chain, the health officer can regulate the material as solid waste.  Persons excavating soils in any areas of unincorporated King County or the incorporated cities that encounter a significant quantity of suspect material -such as leaked or spilled fuel oil (Bunker C or Diesel), gasoline, or other volatile (odorous) hydrocarbons -  shall contact the health officer for determination of appropriate handling and disposal.
 

SECTION 5.  UNLAWFUL DUMPING.
 

 A.  GENERAL.  It shall be unlawful for any person to dump or deposit or permit the dumping or depositing of any solid waste onto or under the surface of the ground or into the waters of this State, except at a solid waste disposal site for which there is a valid permit; Provided, that nothing herein shall prohibit a person from dumping or depositing agricultural waste resulting from his own activities onto or under the surface of ground owned or leased by him/her when such action does not violate  statutes or ordinances, or creates a nuisance.

 B.  NAME APPEARING ON WASTE MATERIAL AND PRESUMPTION.  Whenever solid waste dumped in violation of these Rules and Regulations contains three or more items bearing the name of one individual, there shall be rebuttable presumption that the individual whose name appears on such items committed the unlawful act of dumping.

 C. LACK OF IDENTIFICATION.   When the health officer investigates a case of unlawful dumping and finds no identification in the solid waste, nor other evidence, he/she may then order the property owner to remove said solid waste from his/her land.  Where this occurs on private land the property owner or occupant shall be responsible for removal.  Where this occurs on public land the appropriate governmental agency shall be responsible for removal.

 SECTION 6.  IMMINENT HAZARD.    Not withstanding any provisions of these Rules and Regulations the health officer may take immediate action to prevent an imminent and substantial danger to the public health by the improper management of any waste irrespective of quantity or concentration.

 SECTION 7.  REPEALER.    King County Board of Health Rules and Regulations 8 dated September 11, 1984, as amended, are thereby repealed.

 SECTION 8.  SEVERABILITY.  Each provision of these Rules and Regulations shall be deemed independent of all other provisions herein, and further, if any provision of these Rules and Regulations is declared invalid, all other rules  thereof shall remain valid and enforceable.

 SECTION 9.  CONSTRUCTION.  The provisions of these Rules and Regulations do not apply to or govern the construction of and punishment of any offense committed prior to the effective date of these Rules and Regulations or to the construction and application of any defense to a prosecution for such an offense.  Such an offense must be construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if these Rules and Regulations had not been enacted.

 SECTION 10.  EFFECTIVE DATE.  These Rules and Regulations shall take effect on January 1, 1987.

 Passed this 19th day of December , 1986.

    King County Board of Health
    King County, Washington

   signed Cynthia Sullivan, Chair

    Tim Hill, Member

    Lois North, Member

ATTEST:

R. Nicolas , Secretary