A. Identification. The Health Officer shall have the authority to inspect and screen any waste, excavated soil, soil like or other material suspected of being a regulated dangerous waste or containing contaminants at levels posing a threat to human health or the environment. The screening process may involve certified testing, a disclosure of the waste constituents and waste generation process, and other additional information. If the Health Officer determines that testing is required to identify the waste, the generator shall be responsible for such analysis. If the generator is not known, the property owner or business operator shall be responsible for such analysis. If the Health Officer determines that the waste is not a dangerous waste under Chapter 173-303 WAC, Dangerous Waste Regulations, but still poses a threat to human health or the environment, the Health Officer shall regulate the material as solid waste. As such, the Health Officer shall direct the generator, transporter, property owner or business operator to dispose or treat the material at a specified site or in a manner specified by the Health Officer. Chapters 173-303 and 173-340 WAC, Model Toxics Control Act Regulations, shall be considered when screening and making waste determinations. Any waste determinations involving solid waste shall comply with Chapter 2.20 SHDC, Chapter 173-350 WAC, Solid Waste Handling Standards.
B. Disposal. If during a solid waste facility inspection the Health Officer observes any waste suspected of being a regulated dangerous waste, waste posing a threat to human health or the environment or waste not conforming to a facility’s approved waste acceptance plan, the Health Officer shall have the authority to require the property owner or business operator to stop accepting suspect waste, segregate and hold any on-site suspect waste. The Health Officer may require identification of the waste as outlined in subsection (A) of this section. The disposal site property owner, business operator and/or site attendants shall have similar authority not to accept suspect wastes. The site owner or operator will assume responsibility for disposal of the waste if the generator is unknown.
C. Records. The property owner or business operator shall maintain records of loads refused as suspected dangerous wastes. These records shall include name and address of generator or transporter, license plate number of transporting vehicle, description of waste and reason for refusal. The business operator shall refer this information to the Health Officer within 14 days of refusal. [Res. 04-06. Prior code § 3.1(XXII)].