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A. Owner Responsibility for Moderate Risk Waste.

1. Conditionally Exempt Small Quantity Generators (CESQGs). CESQG as defined by Chapter 2.20 SHDC, WAC 173-350-100, and the generators of household hazardous waste shall be responsible for the satisfactory and legal management and final disposal of all moderate risk waste generated or accumulated on the property.

2. Mitigation and Control of MRW. The person responsible for a spill or nonpermitted discharge shall take appropriate immediate action to protect human health and the environment (e.g., diking to prevent contamination of state waters, shutting of open valves). In addition, the person responsible for a spill or discharge shall:

a. Clean up all released MRW, MRW constituents and hazardous substances, or take such actions as may be required or approved by federal, state, or local officials acting within the scope of their official responsibilities.

b. Designate and treat, store, or dispose of all soils, waters, or other materials contaminated by the spill or nonpermitted discharge.

B. Storage Requirements.

1. Household Hazardous Waste (HHW). HHW generators must store HHW in its original container or in a container that is otherwise clearly labeled; provide some means of cover over the waste containers to prevent deterioration of the containers; and store containers so that they are not in direct contact with the ground. The storage of HHW in leaking containers or in a manner likely to result in a release of HHW to the environment is prohibited.

2. Conditionally Exempt Small Quantity Generator Waste. All MRW produced and/or stored by CESQGs shall be stored in an appropriate container for the type of waste that is being stored. The containers must be clearly labeled; some means of cover over the waste containers to prevent deterioration of the containers must be provided; and containers must be stored so that they are not in direct contact with the ground. There must be proper means of storage until the waste has been removed to a permitted treatment, storage, or disposal facility or until it has been treated and rendered nonhazardous. The storage of MRW in leaking containers or in a manner likely to result in a release of MRW to the environment is prohibited.

C. Labeling.

1. Household Hazardous Waste. HHW must be clearly labeled; this is accomplished by either returning wastes to their original containers or by labeling each container stating what type of waste it contains.

2. Conditionally Exempt Small Quantity Generators. All containers of waste must be labeled with the following information:

a. Accumulation start date;

b. Washington State Department of Transportation labels, if necessary;

c. Description of waste, including the hazards associated with the waste; and

d. The words “Hazardous Waste” clearly marked on labels.

D. Secondary Containment.

1. Household Hazardous Waste. No secondary containment is required for HHW.

2. Conditionally Exempt Small Quantity Generator. All wastes that are produced and/or stored on site must have secondary containment that is:

a. Covered (if not inside an enclosed building);

b. Made of a leak-proof material;

c. Sturdy in construction;

d. Compatible with the waste that it is meant to contain;

e. Capable of containing 10 percent of the volume of all the containers or tanks holding liquid, or the total volume of the largest container or tank in the area, whichever is greater; and

f. Containers equipped with double walls, or other effective spill prevention features, may be substituted for secondary containment as approved on a case-by-case basis by the Health Officer.

E. Accumulation Standards.

1. Household Hazardous Waste. HHW may not be accumulated in quantities that, in the opinion of the Health Officer, present a threat to public health or the environment.

2. Conditionally Exempt Small Quantity Generators. CESQG (e.g., businesses) shall not generate or accumulate MRW equal to or more than the quantity exclusion limit (QEL) established by Chapter 173-303 WAC, Dangerous Waste Regulations. The current generation QEL is less than 220 pounds of dangerous waste, or less than 2.2 pounds of extremely hazardous waste, per month or per batch. The current accumulation QEL is not more than 2,200 pounds of dangerous waste, or more than 2.2 pounds of extremely hazardous waste accumulated or stored. Persons exceeding the QEL must adhere to Chapter 173-303 WAC, administered by the Washington State Department of Ecology, and not these regulations.

F. Transportation. Vehicles or containers used for the transportation of MRW shall be loaded and moved in such a manner that the contents will not fail, leak, or spill therefrom. Where such spillage or leakage does occur, the waste shall be picked up immediately and the area properly cleaned.

G. Treatment and Disposal Standards.

1. Household Hazardous Waste. HHW shall not be deposited in the solid waste collection system, an on-site sewage system, a storm drain, the surface or groundwater, the surface of the ground or under the ground. HHW shall not be deposited in a public sewer system unless written approval is obtained from the providing sewer utility or a state waste discharge permit is obtained. Usable pesticides and wood preservatives shall be utilized in accordance with the Environmental Protection Agency approved label requirements, or shall be disposed of at a disposal site approved by the Health Officer. Substantially empty nonrestricted use pesticide containers and paint containers that are free of liquids are excluded from this section and should be handled as general household waste after they have been cleaned and punctured to show that they are empty. All empty restricted use or banned pesticide containers must be triple rinsed with clean water or other appropriate solvent prior to disposal into the solid waste stream. The rinse from restricted use pesticide containers shall be utilized in the same registered manner as the pesticide previously held in the container. The rinse from banned pesticide containers shall be disposed of at a disposal site approved by the Health Officer.

2. HHW shall be disposed of at a permitted MRW facility or a product take back center operating in compliance with federal, state and local regulations.

3. Conditionally Exempt Small Quantity Generators. CESQGs are prohibited from disposing of MRW into the solid waste collection system, a storm drain, septic system, body of water, or the environment in general. MRW shall not be deposited in a public sewer system unless written approval is obtained from the providing sewer utility or a state waste discharge permit is obtained. CESQGs are required to manage or dispose of MRW through a:

a. TSD facility, as defined in this regulation; or

b. Permitted MRW fixed facility, or mobile system and collection event in compliance with Chapter 2.20 SHDC, WAC 173-350-360; or

c. Facility, such as a product take back center, that beneficially uses or reuses, or legitimately recycles or reclaims hazardous waste, or that treats waste prior to such recycling activities; or

d. Method approved by the Washington State Department of Ecology to treat dangerous waste on site. Treat hazardous waste on site to render it nonhazardous. All treatment methods must have prior approval from the Washington State Department of Ecology.

4. If a CESQG accepts MRW that is not produced at or by the business itself, (e.g., waste oil, waste antifreeze, or other hazardous wastes from other businesses or from households), then the business will be considered a MRW facility and is subject to the MRW handling requirements of Chapter 2.20 SHDC, WAC 173-350-360. [Res. 04-06. Prior code § 3.1(XXI)].