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Home My WebLink AboutPRE 16-0004 ADDITIONAL INFO The authorized agent/representative is the primary contact for all project-related questions and correspondence. The County will mail /e-mail requests and information about the application to the authorized agent/representative and will copy(cc)the owner noted below. The authorized agent/representative is responsible for communicating the information to all parties involved with the application. It is the responsibility of the authorized agent/representative and owner to ensure their mailbox accepts County email (i.e., County email is not blocked or sent to"junk mail"). Applicant/Property Owner Information Property Owner: Name: Address: Phone#: E-mail Address: Please contact Authorized Agent/Representative with project info. (select only one). Property Owner Signature: Date: Note: For projects with multiple owners,attach a separate sheet with each owner(s)information and signatures. Applicant: Authorized Agent/Representative(if other than owner) Name: Address: Phone#: E-mail Address: Professional: Is this an Authorized Agent/Representative for this project? NO YES Engineer Architect Surveyor Contractor Consultant Name: License# Address: Phone#: E-mail Address: Professional: Is this an Authorized Agent/Representative for this project? NO YES Engineer Architect Surveyor Contractor Consultant Name: License# Address: Phone#: E-mail Address: Professional: Is this an Authorized Agent/Representative for this project? NO YES Engineer Architect Surveyor Contractor Consultant Name: License# Address: Phone#: E-mail Address: By signing this application form, the owner/agent attests that the information provided herein, and in any attachments, is true and correct to the best of his or her knowledge. Any material falsehood or any omission of a material fact made by the owner/agent with respect to this application packet may result in making any issued permit null and void. I further agree to that all activities I intend to undertake or complete associated with this permit will be performed in compliance with all applicable federal, state and county laws and regulations and I agree to provide access and right of entry to Jefferson County and its employees, representatives or agents for the sole purpose of application review and any required later inspections. Applicant may request notice of the County's intent to enter upon the property for visits related to this application and subsequent permit issuance. Signature: Print Name: Date: Permit Application Page 2 of 2 CC DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street,Port Townsend,WA 98368 Tel:360.379.4450 Fax:360.379.4451 Web:www.co.jefferson.wa.us/communitydevelopment E-mail:dcdnu,co.jefferson.wa.us CONDITIONAL USE PERMIT Purpose The purpose of the conditional use permit process is to provide flexibility in the application of the use regulations contained in the Jefferson County Code (JCC) in order to accommodate uses that may be appropriate in an established district under certain circumstances, but inappropriate in the same district under other circumstances. The conditional use permit information sheet is designed to help you provide all the information necessary to facilitate a timely and well- informed decision on your application. You will use the Master Land Use Permit Application Form for all Conditional Use applications. Conditional use approval may involve either a Type II or Type III review process under the JCC, depending on the specific type of use. No conditional use permit can be granted unless consistency with the performance standards of JCC 18.20, the development standards of JCC 18.30 , the procedural requirements of Article VIII, Chapter 18.40 JCC, and other applicable requirements of the JCC have been satisfied. Types of Conditional Uses Conditional uses are typed and identified in Table 3-1 of the JCC, or may be classified as such by the Administrator pursuant to Article II, Chapter 18.15 JCC. There are three broad types of conditional uses identified in the JCC. Conditional ("C"] Use: Proposed uses that require a discretionary approval process and a public hearing before the Hearing Examiner. Applications for uses listed as a"C"in Table 3-1 of the JCC are processed according to the procedures for Type III land use decision established in Article VIII, Chapter 18.40 JCC. Conditional Administrative ("C(a)"] Use: Proposed uses that require approval by the Administrator but do not require a public hearing. Applications for uses listed as an administrative conditional use permit (i.e., "C(a)") in Table 3-1 of the JCC are processed according to the procedures for Type II land use decisions established in Article VIII of Chapter 18.40 JCC. Conditional Discretionary ["C(d)] Use: Proposed uses that, at a minimum, require approval by the Administrator but that, at the discretion of the Administrator, may be referred to the Hearing Examiner for a public hearing and final decision. Applications for uses listed as discretionary conditional use permits (i.e., "C(d)") in Table 3-1 of the JCC are, at a minimum, processed according to the procedures for Type II land use decisions established in Article VIII of Chapter 18.40 JCC. However, pursuant to JCC 18.40.520, the Administrator may on a case-by-case basis refer a discretionary conditional use permit application to the Hearing Examiner to be processed according to the procedures for Type III land use decisions. In order to refer a"C(d)"application to the Hearing Examiner,the Administrator must make one of the following findings: • In the exclusive, discretionary judgment of the Administrator, the application involves potentially significant issues relating to location, design, configuration, and potential impacts to surrounding properties and the community that can be more appropriately considered and addressed through a public hearing before the Jefferson County Hearing Examiner; or • In the exclusive, discretionary judgment of the Administrator, the application seeks approval of a use involving complex legal issues necessitating special expertise in the decision-maker. Process Step 1 — Pre-Application Conference: A pre-application conference is required for all conditional use permits. Conceptual plans, county requirements, future permit requirements, etc., and answers to related questions are discussed at the conference. Information provided by Department of Community Development staff helps the applicant to prepare a better application and potentially decreases code-related questions and time required for formal review. Step 2 — Determination of Completeness: Following submittal of your application, county staff will make a determination within 28 days as to whether your application is substantially complete. Step 3—Formal Application Review and Decision: Following the determination of completeness, a final decision must be made by the county within 120 calendar days. The final decision may be made by either the Administrator (for all "C(a)"and certain "C(d)" uses) or the Hearing Examiner(for all "C"and certain "C(d)"uses) depending on the type of conditional use. Public hearings before Page 1 the Hearing Examiner are required for all "C" uses and may be required for certain "C(d)" uses. In all conditional use permit cases the decision may be appealed. Approval Criteria Your conditional use application will be evaluated on the basis of the criteria listed in the relevant section of the Jefferson County Code (see JCC 18.40.530), and in some instances, inspection of the property. The county may approve or approve with modifications an application for a conditional use permit (i.e., uses listed in Table 3-1 as "C(a),""C(d)"or"C")only if all of the following criteria are satisfied: • The conditional use is harmonious and appropriate in design, character and appearance with the existing or intended character and quality of development in the vicinity of the subject property and with the physical characteristics of the subject property; • The conditional use will be served by adequate infrastructure including roads, fire protection, water, wastewater disposal, and storm water control; • The conditional use will not be materially detrimental to uses or property in the vicinity of the subject parcel; • The conditional use will not introduce noise, smoke, dust, fumes, vibrations, odors, or other conditions or which unreasonably impact existing uses in the vicinity of the subject parcel; • The location, size, and height of buildings, structures, walls and fences, and screening vegetation for the conditional use will not unreasonably interfere with allowable development or use of neighboring properties; • The pedestrian and vehicular traffic associated with the conditional use will not be hazardous to existing and anticipated traffic in the vicinity of the subject parcel; • The conditional use complies with all other applicable criteria and standards of this Code and any other applicable local, state or federal law; and more specifically, conforms to the standards contained in 18.20 and 18.30 of this Code; • The proposed conditional use will not result in the siting of an incompatible use adjacent to an airport or airfield; • The conditional use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated through conditions of approval; • The conditional use has merit and value for the community as a whole; • The conditional use is consistent with all relevant goals and policies of the Jefferson County Comprehensive Plan; and • The public interest suffers no substantial detrimental effect. Consideration shall be given to the cumulative effect of similar actions in the area. In instances where all of the above findings cannot be made, the application shall be denied. The County, in accordance with JCC 18.40.540, may impose additional conditions on a particular use if it is deemed necessary for the protection of the surrounding properties, the neighborhood, or the general welfare of the public. The county may add conditions which: • Increase requirements in the standards, criteria or policies established by the JCC; • Stipulate an exact location for the conditional use on the subject property as a means of minimizing hazards to life, limb, property damage, erosion, landslides or traffic; • Require structural features or equipment as a means of minimizing hazards to life, limb, property damage, erosion, landslides or traffic; or • Contain restrictions or provisions deemed necessary to establish parity with uses permitted in the same zone with respect to avoiding nuisance generating features in matters of noise, odors, air pollution, wastes, vibration, traffic and physical hazards. Approval of the conditional use is effective for three(3)years from the date of original approval. If a building permit has not been issued within the three (3) year period, the conditional use approval will expire. Minor modifications to a previously approved conditional use may be approved subject to the provisions of JCC 18.40.570. Page 2 �5ON C'O 64„, DEPARTMENT OF COMMUNITY DEVELOPMENT ti 621 Sheridan Street,Port Townsend,WA 98368 Tel:360.379.4450 I Fax:360.379.4451 Web:www.co.jefferson.wa.us/communitydevelopment lG E-mail:dcd( co.jefferson.wa.us 4SHI NO SUPPLEMENTAL APPLICATION CONDITIONAL USE MLA# PROJECT/APPLICANT NAME: The purpose of the conditional use permit process is to provide flexibility in the application of the use regulations contained in the Jefferson County Code (JCC). No conditional use permit can be granted unless consistency with the performance standards of JCC 18.20, the development standards of JCC 18.30, the procedural requirements of JCC 18.40.280, and the approval criteria of JCC 18.40.530, and other applicable requirements of the UDC have been satisfied. Approval of the conditional use is effective for three (3) years from the date of original approval. If a building permit has not been issued within the three (3) year period, the conditional use approval will expire. The following questions will assist in the evaluation of the conditional use request: 1. Describe the requested conditional use. 2. Explain how the conditional use is harmonious and appropriate in design, character and appearance with the existing or intended character and quality of development in the vicinity and with the physical characteristics of the subject property. 3. Describe the infrastructure including but not limited to roads, fire protection, water, wastewater disposal, and stormwater control which will serve the requested conditional use. 4. Describe the location, size, and height of buildings, structures, signage,walls and fences, and screening vegetation for the use. 5. Describe any noise, smoke, dust, fumes, vibrations, odors, outdoor lights or other impacts will be generated by the conditional use. 6. Describe the pedestrian and vehicular traffic and parking area associated with the conditional use. Page 3 7. Will the proposed conditional use result in the siting of an incompatible use adjacent of an airport or airfield? 8. Are there any significant adverse impacts on the human and natural environments caused directly by the conditional use?If yes, can these impacts be mitigated? 9. Describe how granting the conditional use will not be materially detrimental to uses or property in the vicinity of the subject parcel. 10. Describe how granting the conditional use will not be substantially detrimental to the public interest. 11. Does the conditional use have merit and value for the community as a whole? 12. Describe how the conditional use complies with all other applicable criteria and standards of the Jefferson County Code (JCC) and any other applicable local, state or federal law; and more specifically, conforms to the standards contained in JCC 18.20 and JCC 18.30. 13. Describe how the conditional use is consistent with all relevant goals and policies of the Jefferson County Comprehensive Plan. ACKNOWLEDGEMENT By signing the application form, the applicant/owner attests that the information provided herein is true and correct to the best of his/her knowledge. Any material falsehood or any omission of a material fact made by the applicant/owner with respect to this application packet may result in this permit being null and void. (APPLICANT OR AUTHORIZED REPRESENTATIVE SIGNATURE) (DATE) [NOTE: Representative authorization is required if application is not signed by the Owner.] Page 4 4 ON �'o6 DEPARTMENT OF COMMUNITY DEVELOPMENT 44.<,-$5°N „ 621 Sheridan Street,Port Townsend,WA 98368 Tel:360.379.4450 I Fax:360.379.4451 Web:www.co.jefferson.wa.us/communitydevelopment E-mail:dcdnu,co.jefferson.wa.us I N Cs`S�� STORMWATER CALCULATION WORKSHEET MLA# PROJECT/APPLICANT NAME: DETERMINING STORMWATER MANAGEMENT REQUIREMENTS:This stormwater calculation worksheet should be completed first to classify the proposal as "small,” "medium," or "large." The size determines whether a Stormwater Site Plan is required in conjunction with a stand-alone stormwater management permit application, building permit application, or other land use approval application that involves stormwater review. The basic information will also be helpful for completing a Stormwater Site Plan, if required. PARCEL SIZE(I.E.,SITE) Size of parcel acres An acre contains 43,560 square feet. Multiply the acreage by this figure. Size of parcel in square feet sq/ft Land-disturbing activity is any activity that results in movement of earth, or a change in the existing soil cover(both vegetative and non-vegetative)and/or the existing soil topography. Land disturbing activities include, but are not limited to clearing,grading,filling, excavation,and compaction associated with stabilization of structures and road construction. Native vegetation is vegetation comprised on plant species, other than noxious weeds, that are indigenous to the coastal region of the Pacific Northwest and which reasonably could have been expected to naturally occur on the site. Examples include species such as Douglas fir, western hemlock, western red cedar, alder, big-leaf maple, and vine maple; shrubs such as willow, elderberry, salmonberry,and salal;herbaceous plants such as sword fern,foam flower,and fireweed. LAND DISTURBING ACTIVITY,CONVERSION OF NATIVE VEGETATION,AND VOLUME OF CUT/FILL Calculate the total area to be cleared, graded,filled, Answer the following two questions related to excavated, and/or compacted for proposed development conversion of native vegetation: project. Include in this calculation the area to be cleared for: Does the project convert%acres or more of Construction site for structures sq/ft native vegetation to lawn or landscaped areas? Drainfield, septic tank, etc. sq/ft Circle: Yes No Well, utilities, etc. sq/ft Does the project convert 2 1/2 acres or more of native vegetation to pasture? Driveway, parking, roads, etc. sq/ft Circle: Yes No Lawn, landscaping, etc. sq/ft Other compacted surface, etc. sq/ft Indicate Total Volumes of Proposed: Total Land Disturbance sq/ft Cut Fill (cu/yd) Impervious surface is a hard surface that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to roof tops,walkways, patios,driveways, parking lots or storage areas,concrete or asphalt paving,gravel roads, packed earthen materials,and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater. stormwater calc worksheet—REV.10/20/2014 1 STORMWATER CALULATIONS—IMPERVIOUS SURFACE NEW EXISTING Structures(all roof area) sq/ft Structures(all roof area) sq/ft Sidewalks sq/ft Sidewalks sq/ft Patios sq/ft Patios sq/ft Solid Decks sq/ft Solid Decks sq/ft (without infiltration below) (without infiltration below) Driveway, parking, roads, etc sq/ft Driveway, parking, roads, etc sq/ft Other sq/ft Other sq/ft Total New sq/ft Total Existing sq/ft TOTAL NEW+TOTAL EXISTING* sq/ft *This amount will be used to check total lot coverage. The following questions will help determine whether the proposed project is considered development or redevelopment. DEVELOPMENT v.REDEVELOPMENT Divide the total existing impervious surface above by the size of the parcel and convert to a percentage: Does the site have 35%or more of existing impervious surface? Circle: Yes No n FURTHER INSTRUCTIONS: If the answer is yes,the proposal is considered redevelopment and the attached Figure 2 should be used to determine the applicable Minimum Requirements. If the answer is no, the proposal is considered new development and the attached Figure 1 should be used. At this juncture, the applicant should refer to the applicable Flow Chart to determine the Minimum Requirements for stormwater management. DCD staff will help verify the classification of the project and the application requirements. For proponents of "small" projects who must comply only with Minimum Requirement #2—Construction Stormwater Pollution Prevention—an additional submittal is not required. The proponent is responsible for employing the 12 Elements to control erosion and prevent sediment and other pollutants from leaving the site during the construction phase of the project. Pick up the Construction Stormwater Pollution Prevention (SWPP) Best Management Practices (BMPs) Packet. Proponents of "medium" projects—those that must meet only Minimum Requirements#1 through#5—and for"large" projects—those that must meet all 10 Minimum Requirements—are required to submit a Stormwater Site Plan. DCD has prepared a submittal template of a Stormwater Site Plan, principally for rural residential projects. Complete the template in the Stormwater Site Plan Instructions and Submittal Template or prepare a Stormwater Site Plan using the step-by-step guidance in the Storm water Management Manual. APPLICANT SIGNATURE By signing the Stormwater Calculation Worksheet,I as the applicant/owner attest that the information provided herein is true and correct to the best of my knowledge. I also certify that this application is being made with the full knowledge and consent of all owners of the affected property. (LANDOWNER OR AUTHORIZED REPRESENTATIVE SIGNATURE) (DATE) MEMO - � ,..., � RED EL NT\ a§ ..,tei site Plant ^':+:y HIIM� stormwater calc worksheet—REV.10/20/2014 2 Start Here Does the site have See Redevelopment 35%or more of Yes Minimum existing impervious Requirements and coverage? Flow Chart No Does the project convert (Figure 3.3) 3/4 acres or more of Does the project vegetation to lawn or result in 5,000 ` landscaped areas, or square feet, or No convert 2.5 acres or more greater, of new plus of native vegetation to replaced hard pasture? surface area? Does the project Yes Yes No result in 2,000 square feet, or greater, of All Minimum new plus replaced hard surface area? Requirements apply to the new and replaced hard surfaces and converted Yes 71r No vegetation areas. Minimum Requirements Does the project have #1 through#5 apply to land disturbing the new and replaced activities of 7,000 hard surfaces and the Yes square feet or greater? land disturbed. No Minimum • Requirement#2 applies. Figure 2.4.1 —Flow Chart for Determining Requirements for New Development Volume I—Minimum Technical Requirements—August 2012 2-10 Does the project result in 2,000 square feet,or more,of new plus replaced hard surface area? OR Does the land disturbing activity total 7,000 square feet or greater? Yes No V jr Minimum Requirements#1 through#5 apply to Minimum Requirements#2 applies. the new and replaced hard surfaces and the land disturbed. 1 Next Question Does the project add 5,000 square feet or more of new hard surfaces? OR Convert 3/4 acres or more of vegetation to lawn or landscaped areas? OR Convert 2.5 acres or more of native vegetation to pasture? Yes No . Next Question All Minimum Requirements apply to the Is this a road new hard surfaces and the converted related project? vegetation areas. Yes No Does the project add 5,000 square feet or more of new hard surfaces? Yes No T T Do new hard surfaces add 50%or Is the total of new plus replaced hard surfaces more to the existing hard surfaces 5,000 square feet or more,AND does the value within the project limits? of the proposed improvements—including interior improvements—exceed 50%of the assessed value(or replacement value)of the No Yes existing site improvements? No additional requirements No lr Yes No additional requirements All Minimum Requirements apply to the new and replaced hard surfaces and converted vegetation areas. Figure 2.4.2—Flow Chart for Determining Requirements for Redevelopment Volume I—Minimum Technical Requirements—August 2012 2-11 SON C,O G� DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street,Port Townsend,WA 98368 Tel:360.379.4450 Fax:360.379.4451 Web:www.co.iefferson.wa.us/communitvdevelopment CG E-mail:dcd@co.jefferson.wa.us yshrINO4-O STORMWATER OPTIONS & GUIDANCE What is Stormwater? Stormwater is rainwater that runs off hard surfaces like roofs and driveways and needs to be infiltrated into the soil on-site' before it causes flooding and erosion,which can lead to polluted water and potential landslides. Erosion can weaken bluffs and slopes, and damage fish habitat like streams, rivers and Puget Sound. How do I infiltrate the stormwater? There are several easy options to choose from for most residential building projects. Larger projects usually require engineering. Retaining native vegetation and reducing hard surfaces as much as possible will reduce stormwater runoff and help you comply with the stormwater code requirements.2 What is required for my building permit? Keep stormwater in mind when planning your site. The Stormwater Calculation Worksheet is required for all building projects and stormwater treatment must be identified on your site plan (see reverse for an examplel. During construction, and after, projects must prevent stormwater from leaving the site(refer to '2.5.2 Minimum Requirement#2: Construction Stormwater Pollution Prevention (SWPP)'). What are my options? In order of preference from the 2012 Stormwater Management Manual for Western Washington,Volume III, Chapter 3 "Flow Control Design" (Page 3-2): Stormwater Best Management Option Site Conditions Practice(BMP)* Guidance 1 Full Dispersion If the lot is large and has enough retained native vegetation,the BMP T5.30 Full Dispersion or 65/10 stormwater can be dispersed into the exiting vegetation on-site. This option is called "65/10" or"Full Dispersion" because 65%of the native vegetation is retained and not more than 10%of the development site is converted to hard (impervious)surface. 2 Downspout If the lot can't meet full dispersion,then infiltration may be achieved BMP T5.10A Downspout Infiltration using a drywell or infiltration trench. Infiltration 3 Rain Garden/ Rain gardens and swales(recessed vegetated stormwater Rain Garden Handbook for Bioretention infiltration/treatment areas) must be considered when required Western Washington (>5,000 square feet of hard surface). They are one low impact development(LID) option that incorporates native vegetation and a landscape approach to protect and beautify the property. 4 Gutter, The easiest, most common option is to use gutters, downspouts and BMP T5.10B Downspout Downspout& splashblocks that meet code requirements. This approach provides Dispersion & Design Splashblock less aesthetic and habitat value for the property. Criteria for Splashblocks *These BMPs are from the 2012 Stormwater Management Manual for Western Washington. Other things to consider: • All infiltration systems must be a minimum of 10 feet from any structure, meet all critical area buffers and setbacks and be a minimum of 10 feet downgradient of septic drainfields. • Depending on soils, critical areas, other site constraints and the amount of stormwater your project generates, DCD may require engineering and/or professionally prepared plans. • Try our Coaching Service if you have questions or concerns about stormwater on your site. 'There are exceptions to this such as a Geotechnical Report recommendation or where infiltration is not feasible because of poor draining soils. 2 Refer to JCC 18.30.070 and the Stormwater Management Manual for Western Washington for more detail. Example of Site Plan with Stormwater flow control and drainage elements ToTRL IMPERVIOUS SURFRCE '' .77(o SQ. FT. 1.-2•°' 1 1N0RT}f ExISTING CONTOURS WE St4OWN Luc) 3141RTIVE 7- C C 4•PIPE W/ 1 RNRDOLE I IN CRP STRSILZED OUTLET 3181 S7 FE �•` •.:::.•,!.:, .•,! SEPTIC. RAIN GARDEN DRAINS 1415 �� DRPrINFIEt.D SQ.FT.HOusE674 ' zaS SQ.FT. WI . . Dow.sP«R IJP cD' C. --- o I Dowsaart I I 1310' 1 ' 1 PRIVATE 1 I WEtL. RESERVE DRRINFIELD I , I I 1 44. I I 7 I 1 C`� , r 1 , II Yx:P 1 DbrSOU. - . 3Z0� -. 9x9 NVENCE •T p o GYAARDEN •-I (1 .�• i I W RRINGRRDEN'ISO sQ.FT. 1 I` : DRAINS 909 sq.FT. I . ' 4•PIPE Wt I•HOLE IN CRP J _ ;318, >I' m.4_4- 'OPDSIDE DITCH G:IPLANNINGIGRANTS-Apps&Opportunities12010 EPA GRANTSI2010 EPA-Watershed Center\PROJECT MGMTITask F_LocalOrdinancelSWT Handouts\Stormwater Options&Guidance_Final 3-31-14 18.20.300 / 18.20.300 Recycling collection facilities and 0itional use authorization is obtained for the -w recycling centers. c .ss or number of residents. (1) Recycling Collection Facilities. Recycling (c) In rural residential districts, the axi- collection facilities provide a neighborhood drop- mu number of residents permitted in a fac* ity is off point for temporary storage of recyclables but 20,e elusive of staff without processing thereof. The following stan- d) In rural residential districts, t - mini- dards apply to all recycling collection facilities: mum I. size shall be five acres. (a) Weather protection of recyclable items (e Minimum Off-Street Parking. tine space shall be ensured by using weatherproof containers shall be equired for each vehicle p-rmanently or by providing a roof over the storage area,where located at t e facility or operated on a•aily basis in necessary to avoid adverse impacts; connection ith the facility and • e for each (b) Only recyclable materials shall be col- employee. Al'. parking spaces shall eet the stan- lected and stored at such collection points. Except dards of Chapt:r 18.30 JCC. for initial sorting and bundling,all other processing (2) The folio ing standards a,ply to all nurs- of such materials shall be conducted off-site;and ing/convalescent ,omes and ass..ted living facili- (c) All deposited material shall be contained ties for the elderly: wholly within the recycling box or facility. No lit- (a) The prove•er shall •-monstrate comple- ter shall be allowed to accumulate outside the recy- ance with state licens'ng requ' ements. cling box or facility. The recycling box or facility (b) The maxim nu ber of residents per- shall be kept clean and free of odors or pests. mitted in such a facility . a , ral residential district (2) Recycling Centers.An area,with or without shall be 20,exclusive of t.ff. Within the rural vil- buildings, upon which used materials and recycla- lage center, neighborhoo visitor crossroad, and bles are separated and processed for shipment.The general crossroad comm-r•'al designations,where following standards apply to all recycling centers: such facilities are allow-d, , e maximum number (a) Processing operations shall be con- of residents allowed sh:II be -0, exclusive of staff. ducted within a building; [Ord. 8-06 § 1] (b) The operation shall be effectively screened from view from neighboring properties 18.20.320 (Mini)s orage facile ies. and rights-of-way; The following st:ndards apply •o all residential (c) The operation shall meet all federal, (mini)storage faci sties: state and local requirements for noise and air qual- (1) The site shell be contiguous to a designated ity control;and arterial or collec,or road, although a'cess may or (d) The operation shall obtain, comply with may not be dire. ly onto such arterial .r collector, and maintain a solid waste handling permit from as determined t rough the review proce,s; the Jefferson County department of health.[Ord. 8- (2) All stre- frontages,other property ines and 06 § 1] outdoor stora:e areas shall be landsc.•ed or screened in . cordance with JCC 18.30.1'0 for 1: \0.310 Residential care facilities an ' such uses in r ral districts,and in accordance with nursing homes. the provisio s of Chapter 18.18 JCC(Irondale .nd (1)'' he following apply to all res' ential care Port Hadloc UGA Implementing Regulations) in facilities: /1. urban distri ts,except as otherwise provided for iii (a) R- 'dentias care faciiit s housing five or this chapte ; fewer residents, ether than staf,'are permitted out- (3) All ccess,travel surface,loading areas,and right in all reside ial dis *cts. Residential care building sprons shall be constructed of an all facilities housing mor. th five residents in rural weather surface; residential districts are/•+ditional uses subject to (4) S gning shall be limited to on-premises sig- the applicable requirAents . this code. nage . d shall meet the standards of JCC (b) Conditie al use app oval is contingent 18.30. 50; upon containin. .nd maintaining s :to licensing for (5) Exterior lighting shall meet the standards of operation of to facility. Conditiona se approval JCC 8.30.140; terminates ' en the state license is no longer in (6 The approving authority may require exte- effect. F hermore, any increase in the number or rior odifications of structures, including use of change in the class of residents authorized by the architectural features or details, materials for sid- state license terminates approval unless a new con- (Revised 6/15) 18-114.24b Jefferson County Public Works E/�V [ II v Quilcene SW Drop Box Site D --- Pre-Application Conference AGENDA 1 JAN 2 4 2017 • 24 Jan 2017Lj JEFFERSON COUNTY D ...7 EP7 4E �M, �, .n SW QUILCENE I • Attendant Office IMPROVEMENTS I • Environmental Center •• • Site lighting • Site surveillance • - • Site utilities •• • • LAND USE I • Zoning code in effect: • Existing use has been in place since at least the 1970's •• • Part of a two parcel county site • 1 II • Limited change to hard surface (840 s.f.+/-) • • E • ssential pubic service at site • SEPTIC • Septic Permit has been submitted to EH (Dec 20) • Restrictive covenant has been requested forsepeptic permit,now being •• prepared. • Water availability—need limited access to water for septic • Other sources of water • • Restrictive covenant has been requested forseptic permit,now being prepared. BUILDING ISSUES • 201 5 IBC in effect................_................................_......... ......_..._................_............... • Modular office unit ••• • Foundation design for Attendant Office and the Environmental Center to be bidder design. • Increase electrical service from 100 Ato 125 A Page 1 1 1 I • p 11iSi. - o- e a ^ °C ..---.--1 -- 1 01 1,\ \ \ q z 1, e \ Z p c) � � oc < oo N U � 1--. Q._ •, c ' C •• w } 1 �I rj N � cjJ j � >— f2 . al`� W c 1 N " moi w � � o `" _ C.) Thi 1 Ci- p r------ Z----- ' _-moi► 1 \I ,il t �pv' °j �' IIIIIII!!l;iiilllllllllll! 'i pll I` �� (r) .....1 'st. .\ • ,t_ � Z1 11\ LO U W �'� �1 p \ 1 1 C) � � 1� �:1 z � \ 1 , \ � �iQ - I 11 � � 11 1 .1 \ - _ 1 _? 01 \• 0 , ___/----, } V 1 ` 1 N i1 ��I 11 X111 Q .4 i ice_ � •-; i( - ')Ii), \ 't z p t..)_ WZ p W //ro-,.__L.:. i_ -=r i r^ V 1 �himosi iiia, � �1cM�H I `� ,1 rig it p.\ ' E' l 40 1 El."4 i 2A 11 1 77 0[0I 1....4 11 ii:':=_,Niii ''''''''i. Ilik N. �11 ��01 0 1 -, ,I • • !0244024 102 44(Y.38. 1T.'..,2"440(2,6 !0.2 440'3 - - - 10244003 .7.0223'00 10223'CX:t /022.3 10223•(X). 7022420(36 0300 7022:3 ' i02231015 - - 70213'028 70223'0'6 02231004 1022 42 IC,2242006 70223,0c .?0223'0.2f.) 70223,Q22 - - 7022310...9 ;,0941 702231025 ..t0"..23",024 'rame.htm rarcei runt Page 1 of 1 Parcel Number 702242005 03/21/2016 Owner Mailing Address: JErr±RSON COUNTY PO BOX 1220 PORT TOWNSEND WA 98368-0920 Site Address; 20654 HIGHWAY 101 QUILCENE 98368-0920 Section: 24 School District: Quilcene(48) Qtr Section: N W 1/4 Fre Dist: Quilcene(2) Township: 27N Tax Status: COUNTY Range: 2W Tax Code: 0320 Planning area: 98368-0920 Sewer: Drainage: Bank: View 1: VIEW-Territorial View 2: Zoning 1: RR-5-Rural Residential Zoning 2: Zoning 3: Sub Division: Land Use Code: 6710 - County Facilities 98368-0920 Property Description: S24 T27 R2W W1/4 NW NW LESS R/W http://www.co.jefferson.wa.us/assessors/parcel/parcelprint.asp?value=702242005 12/21/2016 Parcel Print Page 1 of 1 Parcel Number:702231010 03/21/2016 Owner Mailing Address: JEH ±RSON COUNTY PO BOX 1220 PORT TOWNSEND WA 98368-0920 Site Address: 295316 HIGHWAY 101 QUILCENE 98368-0920 Section: 23 School District: Quilcene(48) Qtr Section: NE1/4 Fire Dist: Quilcene(2) Township: 27N Tax Status: COUNTY Range: 2W Tax Code: 0324 Planning area: 98368-0920 Sewer: Drainage: Bank: View 1: VIEW-Territorial View 2: Zoning 1: RR-5 -Rural Residential Zoning 2: Zoning 3: Sub Division: Land Use Code: 6710 - County Facilities 98368-0920 Property Description: S23 T27 R2W TX 3 & NE NE (E560') http://www.co.jefferson.wa.us/assessors/parcel/parcelprint.asp?value=702231010 12/21/2016 _Rirrii ,,, z1 1I� v vLAH GEOENGINEERS / 8410 154th Avenue NE Redmond,Washington 98052 425.861.6000 February 15,2017 Jefferson County Department of Public Works 623 Sheridan Street Port Townsend,Washington 98368 Attention:Gordon Ramstrom Subject: Proposal Aquifer Recharge Area Report Quilcene Solid Waste Drop Box Facility Improvements Quilcene,Washington File No. 01422-021-00 INTRODUCTION GeoEngineers, Inc.(GeoEngineers) is pleased to provide this proposal for hydrogeologic and environmental services for the Quilcene Solid Waste Drop Box Facility Improvements project.The project site is located at 295316 Highway 101 in Quilcene, Washington. This proposal is based on discussions with and information provided by Jefferson County Department of Public Works(Public Works). PROJECT UNDERSTANDING We understand that Public Works has proposed to upgrade their existing Quilcene Solid Waste Drop Box Facility by replacing an existing 80 square foot (sf) attendant office with a new 240 sf attendant office structure and upgrading an existing shipping container to an approximately 560 sf environmental center, which would be used for the collection of household waste such as fluorescent lighting,oils and anti-freeze. No new clearing,grading,or other ground-disturbing activities are proposed and no processing of hazardous materials is expected. The project site is located outside of critical areas,except for the critical aquifer recharge area (CARA).The proposal involves hazardous materials; therefore, an aquifer recharge area report that complies with Jefferson County Code (JCC) 18.22.120(1) Articles III (Critical Aquifer Recharge Areas) and VIII (Special Reports) will be required. In addition to providing hydrogeologic services to complete the necessary CARA reports, Public Works has requested that we include an optional scope and fee estimate to develop a Hazardous Materials Management Plan that complies with JCC 18.22.130(7). Jefferson County Public Works February 15,2017 Page 2 PURPOSE AND SCOPE OF SERVICES The purpose of our hydrogeologic services is to develop an aquifer recharge area report for the proposed project that will meet the requirements of JCC 18.22.400. In addition,a Hazardous Materials Management Plan will be developed for the proposed project to meet the requirements of JCC 18.22.130(7).Our specific scope of services will include the following: Task 100-Aquifer Recharge Area Report Jefferson County (County) requires that an aquifer recharge area report be completed for this project because it is located within an area of moderate aquifer sensitivity.The County requires submitting a written assessment that details the hydrogeologic characteristics and subsurface conditions and indicates the susceptibility and potential for contamination of groundwater supplies.The report will be prepared to meet the requirements of an aquifer recharge area report per JCC 18.22.400.Our scope of services for this task will include the following: 1. Reviewing documents provided by Public Works that describe the proposed site plan, operations and uses of the site. 2. Reviewing available published and site-specific reports and other information regarding the geologic setting, hydrogeology and background water quality of the site and vicinity. 3. Reviewing available well and borehole data within 1,000 feet of the site. 4. Estimating groundwater elevations, recharge potential, flow direction and gradient from nearby well and borehole data.We understand that there are no existing groundwater monitoring wells on the site. 5. Completing a brief site visit to observe geologic conditions, nearby surface water features, wells and springs. 6. Performing a phone interview with a person knowledgeable about the proposed future activities relating to the project.This is related to the required discussion of the on-site spill response. We will inform you early in the process if we identify any equipment or training requirements beyond those currently in use at the site to meet these requirements. 7. Preparing an aquifer recharge area report by a qualified licensed hydrogeologist.We will submit a draft report to Public Works for internal review and comment. After your comments are discussed and incorporated, we will produce the final report for submittal to the County.The report will be based on the County's requirements that shall include,from JCC 18.22.400(2): A. A detailed description of the project, including all processes and other activities that have the potential for contaminating groundwater; B. A hydrogeologic evaluation that includes, at a minimum: a. A description of the hydrogeologic setting of the aquifer region; b. Site location,topography, drainage, and surface water bodies; c. Soils and geologic units underlying the site; d. Groundwater characteristics of the area, including flow direction and gradient, and existing groundwater quality; e. The location and characteristics of wells and springs within 1,000 feet of the site; f. An evaluation of existing groundwater recharge; and g. A discussion and evaluation of the potential impact of the proposal upon groundwater recharge; GEOENGINEERS r i,>?o.r lag i121.-no Jefferson County Public Works February 15,2017 Page 3 C. A contaminant transport analysis for the uppermost groundwater supply aquifer assuming an accidental spill or release of project-specific contaminants or on-site sewage discharge,or both if applicable; D. A discussion and evaluation that details available on-site spill response and containment equipment, employee spill response training,and emergency service coordination measures; E. Proposed best management practices to minimize exposure of permeable surfaces to potential pollutants and to prevent degradation of groundwater quality;and F. Requirements for a monitoring program with financial guarantees/assurances that the monitoring program will be implemented. The discussion of the on-site spill response will be included as a separate section in the aquifer recharge area report and the cost of this element is provided separately below. In order to complete the report, we will need a detailed description of facility uses, including the disposal of stormwater, on-site handling or storage of hazardous materials, and percentages of impervious surfaces. Public Works has provided a list of hazardous materials and documents with potential best management practices (BMPs). We may request Material Safety Data Sheets (MSDS) if they are necessary for developing the spill response plan and the hazardous materials management plan discussed below. Task 200- Hazardous Materials Management Plan JCC 18.22.130(7) requires that land use activities that generate, use, store, or handle hazardous substances prepare and submit a hazardous materials management plan that demonstrates that the development will not have an adverse impact on groundwater quality. We understand that the Quilcene Solid Waste Drop Box facility currently has an Operations and Maintenance Plan that includes the key elements of a hazardous materials management plan. However, the plan will need to be updated to be consistent with the proposed project and land use changes. We propose to provide elements that can be used to update the Operations and Maintenance Plan to be consistent with the hazardous materials management plan requirements. SCHEDULE We are in a position to begin Tasks 100 and 200 immediately upon receiving your written notice to proceed (NTP). We anticipate that our hydrogeologic and environmental services can be completed within 2 to 3 weeks of the NTP. We plan to issue our draft aquifer recharge area report and revised hazardous materials management plan within 4 weeks. TERMS AND FEE ESTIMATE The professional services listed above will be provided in accordance with the terms described in the attached General Conditions. The fee for the services described above will be determined on a time-and-expense basis using the rates indicated on the attached Schedule of Charges. Our fee estimate for the above described scope of services is outlined in the following table. GEOENGINEERS File.No.01422-021-00 Jefferson County Public Works February 15,2017 Page 4 11,146,,i,.,,i Scope of Services it,s„E. Task 100—Aquifer Recharge Area Report Aquifer Recharge Area Report $5,000 Spill Response Plan $2,000 Task 100 Subtotal $7,000 Task 200 Hazardous Management Plan $2,000 TOTAL FEE ESTIMATE $9,000 We will not exceed our estimated fee without authorization from you. If conditions are encountered which require a change in our scope of services, we will notify you prior to proceeding with work. There are no intended third party beneficiaries arising from the services described in this proposal and no party other than the party executing this proposal shall have the right to legally rely on the product of our services without prior written permission of GeoEngineers. This proposal is valid for a period of 60 days commencing from the first date listed above and subject to renegotiation by GeoEngineers, Inc., after the expiration date. We appreciate the opportunity to present this proposal and provide services to Jefferson County Department of Public Works. If you have questions, please call Joel Purdy at 253.383.4940 or Bridget August at 425.861.6101. Sincerely, GeoEngineers, Inc. Joel W. Purdy, LG, LHG, C E Associate BAAJWPaeh Attachments: General Conditions—Standard 2016 Schedule of Charges—Seattle/Tacoma/Redmond 2017 The parties hereto have made,executed and agreed to this Agreement as of the day and year first above written.By signature below, Client accepts the scope of services and all terms described herein. In addition, Client's signature shall constitute as authorization to proceed on the date listed below Client's printed/typed name unless such authorization has been otherwise provided in writing. Jefferson County Public Works ORGANIZATION - *SIGNATURE DATE TYPED OR PRINTED NAME *Individual with contracting authority. Proprietary Notice:The contents of this document are proprietary to GeoEngineers,Inc.and are intended solely for use by our clients and their design teams to evaluate GeoEngineers'capabilities and understanding of project requirements as they relate to performing the services proposed for a specific project. Copies of this document or its contents may not be disclosed to any other parties without the written consent of GeoEngineers. Disclaimer:Any electronic form,facsimile or hard copy of the original document(email,text,table,and/or figure),if provided,and any attachments are only a copy of the original document.The original document is stored by GeoEngineers,Inc.and will serve as the official document of record. Copyright®2017 by GeoEngineers,Inc,All rights reserved. P „ GEOENGINEERS File No.01422-021-00 GENERAL CONDITIONS GeoEngineers for these damages to the extent provided in the Definitions INDEMNIFICATION section of these GENERAL CONDITIONS. GeoEngineers is The words and phrases listed below have the following meanings when used in neither responsible nor liable for the creation, existence, or presence of any this Agreement: hazardous materials, including asbestos, present at the work site prior to or during the performance of this Agreement, except any hazardous materials "Agreement" means the complete agreement between Client and generated solely by us,our agents or subcontractors. GeoEngineers,and consists of all of the following: 1)The Services Agreement or Proposal,Including the Scope of Services contained within it;2)These General Additionally, the Client shall furnish, at the Client's expense, all information, Conditions and its attached Schedule of Charges, as applicable; 3) Any requirements, reports, data, surveys, and Instructions required by this documents expressly incorporated by reference into the Services Agreement, Agreement. GeoEngineers may use such information, requirements, reports, Proposal or General Conditions; 4) Any modifications to this Agreement if data,surveys and instructions in performing the services and is entitled to rely mutually agreed to by the parties in writing. upon their accuracy and completeness. "Client"means the individual(s)or entity that has entered into this Agreement Permits and Agency Arrangement with GeoEngineers. If included in the Scope of Services,GeoEngineers will assist Client in applying "GeoEngineers"means GeoEngineers,Inc.,a Washington corporation,and any for necessary permits and licenses. Client may, upon written acceptance by of its employees,officers and directors. GeoEngineers is sometimes referred to GeoEngineers,designate GeoEngineers as its agent for the purposes of drafting as"us,""we"or"our"throughout this Agreement. permit and/or license applications. GeoEngineers'agency authority under this "Hazardous Materials" means any toxic substances, chemicals, radioactivity, arrangement shall be limited solely to the completion and submission of the pollutants or other materials,in whatever form or state,known or suspected to permit and/or license applications. GeoEngineers will rely upon data collected impair the environment in any way whatsoever. Hazardous Materials include, by and information provided by Client in preparing the applications. but are not limited to,those substances defined, designated or listed in any GeoEngineers shall not be responsible for errors or inaccuracies contained in federal, state or local law, regulation or ordinance concerning hazardous data and information supplied by Client. Client shall assume full responsibility wastes,toxic substances or pollution. for reviewing, understanding and signing all permit and license applications drafted by GeoEngineers. "Scope of Services"means the sum total of all of our activities and all of the Instruments of Service undertaken or provided pursuant to this Agreement. GeoEngineers cannot and does not guarantee that permits or approvals will be issued by the governing authorities,and will not be subject to any claims,losses "Excluded Services"means those services that we are not providing under this or damages allegedly incurred as a result of Client's failure to obtain the Agreement, which includes any services recommended to Client and which necessary permits and approvals. Client chooses not to include in our Scope of Services. Client waives any claim against GeoEngineers relating to errors or inaccuracies Integrated Written Agreement in data and information provided by Client and permit-related project delays caused by other parties, including,but not limited to Client,project opponents, This Agreement represents the entire and integrated agreement between Client and permitting or licensing agencies. and GeoEngineers and supersedes all prior communications, negotiations, representations or agreements,either written or oral between the parties. No Rights of Entry agreement or understanding varying or extending this Agreement shall bind either party, other than by a subsequent written agreement, signed by Client Unless otherwise agreed to in writing,Client will provide for right of entry and and GeoEngineers. any authorizations needed for us to enter upon property to perform our Services under this Agreement. GeoEngineers has made no promise or inducements to Client to enter into this agreement other that what is explicitly provided in the agreement. Client is not Surface and Subsurface Disturbance relying on any representations made by GeoEngineers outside of those embodied in this Agreement. GeoEngineers will take reasonable precautions to minimize surface and subsurface disturbance. However, in the normal course of exploratory work Conflicts some surface disturbance may occur,the restoration of which is not part of this Agreement unless specifically included in our Scope of Services. Any alteration to these General Conditions or appended terms and conditions by Client shall be void and not included as part of this Agreement unless mutually Discovery of Hazardous Materials agreed to in writing by both parties. In the event of conflict between these General Conditions and any terms appended by the Client that are agreed to by "Unanticipated hazardous materials" are any hazardous materials that may the parties and incorporated as part of this Agreement, the terms of these exist at the project site,but which this Agreement does not identify as present General Conditions shall prevail. and whose existence is not reasonably anticipated. The discovery of unanticipated hazardous materials will constitute a changed condition that will Standard of Care and Warranty Disclaimer require renegotiation of the Scope of Services or termination of this Agreement. GeoEngineers will endeavor to perform its professional services with that degree The discovery of unanticipated hazardous materials may necessitate that we of care and skill ordinarily exercised under similar conditions by professional take immediate protective measures. If we discover unanticipated hazardous consultants practicing in the same discipline at the same time and location. No materials, we will notify Client as soon as practicable. Based on our warranty or guarantee,either express or implied, is made or intended by this professional judgment,we may also implement protective measures in the field. Agreement or by any report, opinion, or other Instrument of Service provided Client will pay the cost of any such additional protective measures. pursuant to this Agreement. Client is responsible for reporting releases of hazardous substances to Client Furnished Information and Obligations appropriate government agencies as required by law. Client waives any claim against GeoEngineers relating to the discovery of Client will provide GeoEngineers with the following: a description of the unanticipated hazardous materials and will indemnify GeoEngineers to the property;the locations of any underground utilities,facilities or structures on or extent provided in the INDEMNIFICATION section of these GENERAL adjacent to the property which could impact our work; and the nature and CONDITIONS. location of any known or suspected hazardous materials that may exist on the property. Client understands that GeoEngineers is not responsible for damages to underground utilities,facilities or structures known by Client to exist and not specifically or correctly identified to us, and Client agrees to indemnify GeoEngineers,Inc.is an Affirmative Action and Equal Opportunity EmployerGEOL 1 GeoEngineers—General Conditions-Standard 2016(rev.lo/a.r/a.e) L GeoEngineers-Genera!Conditions-Standard 201..6(rev 10/17/1e) Page 2 of 5 Off-site Disposal of Hazardous Materials sequences or procedures selected by any contractor or agent of Client or any third party to this Agreement Client acknowledges that GeoEngineers is not and shall not be required to be in any way an'arranger','operator',or'transporter'of hazardous materials present Further, a duty to provide contract administration or contract management or near the project site, as these terms are defined in applicable Federal or services may not be imputed from GeoEngineers' professional actions or State Statutes. In addition, Client shall sign all manifests for the disposal of affirmative conduct when on the job site. substances affected by regulated contaminants. Sample Retention and Disposal However, if the parties mutually agree that GeoEngineers sign such manifests We will discard nonhazardous samples 60 days after they are obtained,unless and/or to hire for Client a contractor to transport, treat, or dispose of the hazardous materials, GeoEngineers shall do so only as Client's agent. Client Client makes prior arrangements to store or deliver the samples. Samples agrees to defend, indemnify, and hold harmless GeoEngineers, its officers, containing hazardous materials regulated under federal, state or local directors, employees and agents from any claim, suit, arbitration, or environmental laws are the property and responsibility of Client Client will administrative proceeding, damages, penalties or liability that arise from the arrange for lawful disposal, treatment and transportation of contaminated executing of such manifests on Client's behalf. samples at Client's expense, unless Client makes other written agreements regarding their disposal. Further, GeoEngineers will, at Client's request, help Client identify appropriate alternatives for off-site treatment,storage,or disposal of such substances,but Identification of Other Contaminants GeoEngineers shall not make any independent determination about the Sampling and Analysis Plans (SAPs) typically specify the contaminants of selection of a treatment,storage,or disposal facility. interest(COls)on a site and the standard EPA/state agency analytical methods Unanticipated and Changed Conditions (Standard Methods)to be used by laboratories for determining the estimated concentration of such COls in soil and water samples. GeoEngineers' Actual subsurface conditions may vary from those encountered at the specific instructions notwithstanding,application of Standard Methods by an analytical locations where GeoEngineers conducts its surveys or explorations.We can only laboratory may occasionally result in the inadvertent identification of base our site data, interpretations and recommendations on information contaminants that are not COls. If in the course of GeoEngineers' laboratory reasonably available to us. Practical and reasonable limitations on available data validation review non-COI contaminants are identified with COI-equivalent data will result in some level of uncertainty,and therefore risk,with respect to data quality and analytical values at or above regulatory action levels, the interpretation of environmental, geological and geotechnical conditions GeoEngineers will disclose such results to Client with appropriate even when we have followed the standard of care. recommendations, which may include recommendations for reporting to The discovery of unanticipated or changed conditions may require renegotiation regulatory agencies. Client actions subsequent to any such disclosure shall be of the Scope of Services or termination of services. GeoEngineers reserves the at Client's sole risk,and Client shall indemnify and hold harmless GeoEngineers right to solely determine the continued adequacy of this Agreement in light of from any claims, liabilities, damages or costs arising from the discovery of any discovery of conditions that were not reasonably anticipated or known at regulated non-COls to the extent provided in the INDEMNIFICATION SECTION in the time of this Agreement If we determine that renegotiation is necessary, these GENERAL CONDITIONS. GeoEngineers and Client will in good faith enter into renegotiation of this Confidential information Agreement to permit us to continue to meet Client's needs. If Client and GeoEngineers cannot agree on new terms,we reserve the right to terminate this Unless otherwise agreed to in writing by the parties, each party expressly Agreement and receive payment from Client for all services performed and undertakes to retain in confidence, and to require its employees and expenses incurred up to and including the date of termination. Underground consultants to retain in confidence, all data and/or information of the other utilities that are not properly indicated on plans and specifications provided to party that is not generally known to the public,whether of a technical,business GeoEngineers by others or not reasonably located by the utility owner will be or other nature, that has been identified as being proprietary and/or considered a changed condition under this clause. confidential or that by the nature of the circumstances surrounding the disclosure reasonably ought to be treated as proprietary and confidential Site Safety ("Confidential Information"). Each party agrees not to use the Confidential GeoEngineers will maintain a safety program for our employees. GeoEngineers Information of the other party except pursuant to this Agreement. The receiving specifically disclaims any authority or responsibility for general job site safety party will not disclose any item of Confidential Information to any person other and for the safety of persons who are not employed by us. GeoEngineers is not than its employees, agents or contractors who need to know the same in the responsible for the job safety or site safety of the general project and is not performance of their duties except as may be required by law or judicial order. responsible for compliance with safety programs and related OSHA and state The receiving party will protect and maintain the confidentiality of all regulations that apply to other entities or persons. Client is independently Confidential Information of the disclosing party with reasonable care,including responsible for requiring that its construction or remediation contractors take but not limited to informing all employees, agents or contractors to whom responsibility for general job site safety. Confidential Information is disclosed of the confidentiality obligations imposed by this Agreement Confidential Information does not include any data or Construction and Remediation Observation information which the receiving party can prove(a)was in the receiving party's lawful possession prior to its disclosure by the disclosing party; (b) is later The conclusions and recommendations for construction or remediation in our lawfully obtained by the receiving party from a third party not under an reports are based on limited sampling and the interpretations of variable obligation of confidentiality; (c) is independently developed by the receiving subsurface conditions. Therefore,our conclusions and recommendations shall party;or(d)is,or later becomes,available to the public through no breach of an be deemed preliminary unless or until we are requested by Client to validate our obligation of confidentiality. Notwithstanding the foregoing,GeoEngineers may assumptions and finalize our conclusions and recommendations by reviewing use the Client's name and logo in connection with identifying its prior customers preconstruction design documents and observing actual construction or and projects. remediation activities on site. If our Scope of Services does not include preconstruction plan review and construction/remediation observation, then Instruments of Service and Proprietary Methodologies any reliance by Client or any other party on our preliminary assumptions, conclusions or recommendations is at the risk of that party and without liability Reports,field data, laboratory data, analyses, calculations, estimates,designs to GeoEngineers. and other documents prepared by GeoEngineers are Instruments of Service and remain our property.We will retain final project records for a period of 20 years Our job site activities do not change any agreement between Client and any from completion of our services. other party. Only Client has the right to reject or stop work of its contractors or agents. Our presence on site does not in any way guarantee the completion, Neither Client nor any other party may modify or use the Instruments of Service quality or performance of the work by any other party retained by Client to for additions or alterations to this project, or for other projects, or otherwise provide field or construction/remediation services.We are not responsible for, outside the scope of this Agreement, without our prior written permission. and do not have control or charge of,the specific means,methods,techniques, GeoEngineers is not responsible for such modification or reuse (unless such modification or reuse is expressly authorized by GeoEngineers in writing).Client GeoEngineers.Inc.is an Affirmative Action and Equal Opportunity Employer GEOENGINEERS GeoEngineers-General Conditions-Standard'i 2016(rev 1.o/i7/1.6) Page 3 of 5 will defend, indemnify, and hold GeoEngineers harmless against any claims, days of receipt of invoice of amounts in dispute. A service charge of 1-1/2%per damages, or losses relating to such modification or reuse to the extent of the month shall apply to any undisputed amounts that are more than 30 calendar INDEMNIFICATION section in these GENERAL CONDITIONS. days past due and amounts in dispute where Client has not notified GeoEngineers grants Client a limited license to utilize its Instruments of Service GeoEngineers within the 20 day period. In addition to any past due amount, for the purposes described in the scope of services,and for maintenance of the Client will pay all of our reasonable expenses necessary for collection of any Project thereafter, subject to any limitations expressed in the Instruments of past due amounts including, but not limited to,attorneys'fees and expenses, Service. GeoEngineers may withdraw or terminate that limited license at any filing fees,lien costs and our staff time. Collection efforts for past due amounts time if Client fails to comply with this Agreement,including but not limited to the by GeoEngineers shall not be subject to the DISPUTES clause of these GENERAL circumstance in which Client fails to timely pay outstanding invoices. In the CONDITIONS. event that GeoEngineers withdraws the limited license, Client herein Payment of invoices shall not be subject to any discounts or set-offs by the acknowledges that Client is prohibited from using the Instruments of Service for Client,unless agreed to in writing by GeoEngineers. Payment to GeoEngineers any purpose from that date forward. GeoEngineers will not be responsible nor for services rendered and expenses incurred shall be due and payable liable, and Client will hold GeoEngineers harmless for any damages or injury regardless of any subsequent suspension or termination of this Agreement by flowing,or allegedly flowing,from Client's inability to utilize the Instruments of either party. Payment to GeoEngineers shall not be withheld, postponed or Service as a result of the circumstances described herein. Client herein agrees made contingent on the construction,completion or success of the project or that injunctive or other relief is appropriate if GeoEngineers believes that Client upon receipt by the Client of offsetting reimbursement or credit from other is utilizing the Instruments of Service in a manner contrary to this paragraph or parties. as otherwise described in the preceding paragraphs under this Article titled "Instruments of Service and Proprietary Methodologies."This paragraph shall Adjustment for Increased Costs survive the termination of this Agreement. GeoEngineers reserves the right to invoice Client for additional charges incurred GeoEngineers may provide Client with Instruments of Service that include pre- in the event of an unanticipated increase in project-related taxes,fees or similar existing content or data which are generated at least in part by or derived from levies; or if GeoEngineers must modify project-related services, facilities or proprietary and or patented methodologies and systems. GeoEngineers may equipment to comply with new laws or regulations or changes to existing laws or also apply proprietary and or patented methodologies and systems in fulfilling regulations that become effective after execution of this Agreement. the terms of this agreement,and may also make temporarily available to Client GeoEngineers revises its Schedule of Charges annually. Therefore,we reserve a working knowledge of such proprietary and or patented methodologies and the right to modify our Schedule of Charges applicable to our services if systems during the term of this agreement. performance of this Agreement extends beyond 12 months,or if changes in the Notwithstanding anything to the contrary,GeoEngineers shall retain ownership project schedule result in our services extending into the next calendar year. over all intellectual property rights including, but not limited to, inventions, patents, copyrights, know how, trade secrets, and trademarks in such Scope of Services and Additional Services Instruments of Service and their associated data and in the proprietary and or Our engagement under this Agreement includes only those services specified in patented methodologies and systems. Subject to full payment by Client to the Scope of Services.GeoEngineers has no duty to provide services beyond GeoEngineers of all amounts owed hereunder and the terms of any licensing those explicitly described in the scope of services,or as may be added to the agreement between the parties,GeoEngineers grants to Client a nonexclusive, scope of services via a signed directive by the Client,as described more fully in nontransferable license to use the Instruments of Service. Client shall not the next paragraph. Client understands and agrees that GeoEngineers'scope distribute,rent,lease,service bureau,sell,sublicense,or otherwise transfer the will not be expanded by,and no duties or responsibilities may be imputed from Instruments of Service or their data or content, unless previously agreed to in GeoEngineers'actions or affirmative conduct when onsite. writing by GeoEngineers, and shall not decompile, reverse engineer, disassemble,reverse translate,or in any way derive any trade secrets or source If agreed to in writing by the Client and GeoEngineers, GeoEngineers shall code from the Instruments of Service. Unless otherwise specified in writing provide additional services which shall become part of the Scope of Services between the parties,no such Client use of Instruments of Service shall give rise and subject to the terms of this agreement.Such services shall be paid for by to any right in the Client to use the proprietary and or patented methodologies the Client in accordance with GeoEngineers' then prevailing Schedule of and systems referred to herein. During and only during the term of this Charges unless otherwise agreed to in writing by the parties. agreement, GeoEngineers grants to Client a nonexclusive, nontransferable Client agrees it will not hold us liable and expressly waives any claim against license to employ such proprietary and or patented methodologies and systems GeoEngineers for 1)not performing additional services that Client instructed us as have been disclosed to Client by GeoEngineers pursuant to fulfilling the not to perform,2)not performing additional services that were not specifically terms of this agreement. requested in writing by Client and agreed to by both parties,3)not performing Data stored in electronic media format can deteriorate or be modified recommended additional services that Client has not authorized us to perform. inadvertently or otherwise. When transferring documents in electronic media Termination of Services format,we make no representations as to long-term compatibility,usability,or readability of documents resulting from the use of software application Termination for Cause packages,operating systems,or computer hardware differing from those used by us. Either party may terminate this Agreement upon at least seven(7)days written notice, in the event of substantial failure by the other party to perform in We shall not be responsible for any alterations,modifications or additions made accordance with this Agreement through no fault of the terminating party. Such in the electronic data by the Client or any reuse of the electronic data by the termination is not effective if the failure is cured before expiration of the period Client or any other party for this project or any other project without our consent. specified in the written notice. Upon termination for cause by either party,all Client shall defend, indemnify and hold us harmless against any claims, invoices for services performed up to the date of termination are immediately damages or losses arising out of the reuse of the electronic data without our due and payable. written consent and arising out of alterations,modifications,or additions to the electronic data made by anyone other than GeoEngineers to the extent of the Termination for Convenience INDEMNIFICATION section in these GENERAL CONDITIONS. Either party may terminate this Agreement for convenience upon seven(7)days All documents,including the electronic files that are transferred by us to Client written notice to the other. In the event that Client requests early termination of are Instruments of Service of GeoEngineers and created for this project only, our services for convenience,we reserve the right to complete such analyses and no representation or warranty is made, either express or implied, and records as are necessary to place our files in order and to complete a report concerning the files and data. on the services performed to date. Charges for these termination activities are in addition to all charges incurred up to the date of termination. Upon Billing and Payment termination for convenience byparty,either p rty,all invoices for services performed We will bill for our services monthly. Payment is due on receipt of the invoice up to the date of termination and termination fees defined herein are unless otherwise agreed to in writing. Client will notify GeoEngineers within 20 immediately due and payable. C GeoEngineers.Inc.is an Affirmative Action and Equal Opportunity Employer 6EQENGINEERS GeoEngineers—General Conditions-Standard 2016(rev 10/17/1e) Page 4 of 5 Suspension of Services benefit act of any jurisdiction which would otherwise be applicable in the case of such claim. Client's waiver of immunity by the provisions of this paragraph If the project or GeoEngineers'services are suspended by the Client for more extends only to claims against GeoEngineers by Client's current or former than thirty(30)calendar days,consecutive or in the aggregate,over the term of employees and does not include or extend to any claims by Client's employees this Agreement,GeoEngineers shall be compensated for all services performed or former employees directly against Client and reimbursable expenses incurred prior to the receipt of notice of suspension. In addition, upon resumption of services, the Client shall compensate Client's duty to defend in this paragraph means that Client shall assume the GeoEngineers for expenses incurred as a result of the suspension and defense of such claim using legal counsel selected or approved by resumption of its services, and GeoEngineers' schedule and fees for the GeoEngineers and GeoEngineers shall be entitled to participate in the strategy remainder of the project shall be equitably adjusted. and direction of the defense. In the course of defending a claim under this paragraph, Client shall not compromise or settle the claim without If GeoEngineers' services are suspended for more than ninety (90) days, GeoEngineers'consent unless: (i)such settlement or compromise only involves consecutive or in the aggregate, GeoEngineers may terminate this Agreement monetary relief that is paid in full by Client,(ii)GeoEngineers is not liable for any subject to the terms in the"Termination for Convenience"clause. such settlement or compromise,and(iii)there is no finding or admission that If Client is in breach of the payment terms, states their intention not to pay GeoEngineers is or was liable under any legal theory for damages relating to the forthcoming invoices, or otherwise is in material breach of this Agreement, claim. GeoEngineers may suspend performance of services upon five (5) calendar By entering into this Agreement,Client acknowledges that this Indemnification days'notice to Client or terminate this Agreement according to the"Termination provision has been reviewed, understood and is a material part of the for Cause" clause. In the event of suspension, GeoEngineers shall have no Agreement, and that Client has had an opportunity to seek legal advice liability to the Client, and the Client agrees to make no claim for any delay or regarding this provision. damage as a result of such suspension caused by Client's breach of this Agreement. In addition,we may withhold submittal of any work product if Client Limitation of Remedies is in arrears at any time during the performance of services under this Agreement. Upon receipt of payment in full of all outstanding sums due from GeoEngineers' aggregate liability responsibility to Client, including that of our Client, or curing of such other breach which caused GeoEngineers to suspend subsidiaries and affiliates, officers, directors, employees, agents and services, GeoEngineers shall resume services and submit any withheld work subconsultants, is limited to $50,000 or the amount of GeoEngineers' fee product, and there shall be an equitable adjustment to the remaining project under this Agreement,whichever is greater. This limitation of remedy applies to schedule and fees as a result of such suspension. Any suspension by all lawsuits,claims or actions,whether identified as arising in tort,contract or GeoEngineers exceeding 30 calendar days shall,at GeoEngineers'option,make other legal theory, (including without limitation, GeoEngineers' indemnity this Agreement subject to renegotiation or termination according to the obligations in the previous paragraph) related to our services under this Termination for Cause"clause in this Agreement. Agreement and any continuation or extension of our services. In the event Client has paid a retainer to GeoEngineers,GeoEngineers shall be If Client desires a higher limitation, GeoEngineers may agree, at Client's entitled to apply the retainer to cover any sums due from Client up to the date of request, to increase the limitation of remedy amount to a greater sum in suspension. Prior to resuming services after such suspension,Client shall remit exchange for a negotiated increase in our fee. Any additional charge for a to GeoEngineers sufficient funds to replenish the retainer to its full prior higher limit is consideration for the greater risk assumed by us and is not a charge for additional professional liability insurance. Any agreement to increase amount. the limitation of remedy amount must be made in writing and signed by both Delays parties in advance of the provision of services under this Agreement. The Client agrees that GeoEngineers is not responsible for damages arising By entering into this Agreement, Client acknowledges that this Limitation of directly or indirectly from any delays for causes beyond GeoEngineers'control. Remedies Clause has been reviewed,understood and is a material part of this Such causes include, but are not limited to, strikes or other labor disputes; Agreement, and that Client has had an opportunity to seek legal advice severe weather disruptions or other natural disasters;fires,riots,terrorist acts, regarding this provision. wars or other emergencies or acts of God;failure of any government agency to Insurance act in a timely manner, failure of performance by the Client or the Client's Contractors or other Consultants; or unanticipated discovery of any hazardous GeoEngineers maintains Workers' Compensation and Employer's Liability materials or differing site conditions.In addition,if the delays resulting from any Insurance as required by state law. We also maintain comprehensive general, such causes increase the cost or time required by GeoEngineers to perform its auto, professional and environmental impairment liability insurance. We will services in an orderly and efficient manner,GeoEngineers shall be entitled to an provide copies of certificates evidencing these policies at the request of the equitable adjustment in schedule and/or compensation. Client. Indemnification Mutual Waiver of Consequential Damages GeoEngineers will indemnify and hold the Client harmless from and against any In no event will either party be liable to the other for any special, indirect, claims, liabilities, damages and costs(including reasonable attorney fees and incidental or consequential damages of any nature arising out of or related to costs of defense)arising out of death or bodily injury to persons or damage to the performance of this Agreement, whether founded in negligence, strict property to the extent proven to be caused by or resulting from the sole liability,warranty or breach of contract. In addition,Client expressly waives any negligence of GeoEngineers,its agents or its employees. For any such claims, and all claims against GeoEngineers for any liquidated damages liability that liabilities, damages or costs caused by or resulting from the concurrent may be incurred by or assessed against Client. negligence of GeoEngineers and other parties,including the Client,the duty to indemnify shall apply only to the extent of GeoEngineers'proven negligence. Disputes The Client will defend, indemnify and hold GeoEngineers, including its Any dispute,controversy or claim arising out of our related to this Agreement or subsidiaries and affiliates, harmless from and against any and all claims its breach that is not resolved through negotiation between the parties, must (including without limitation, claims by third parties and claims for economic be referred to mediation before pursuing any other dispute remedy.Each party loss),liabilities,damages,fines,penalties and costs(including without limitation shall bear its own costs and attorneys'fees arising out of the mediation and the reasonable attorney fees and costs of defense) arising out of or in any way costs of the mediation shall be divided equally between the attending parties. related to this project or this Agreement,provided that Client's indemnification If the matter has not been resolved through the mediation process, either or obligations shall not apply to the extent of the proven negligence of both parties may elect to pursue resolution through litigation. The parties GeoEngineers,its officers,agents and employees. submit to the jurisdiction of the State of Washington and agree that any legal Client's indemnification obligation shall include, but is not limited to,all claims action or proceeding arising out of or relating to this Agreement must be brought against GeoEngineers by an employee or former employee of Client,and Client in the Superior Court in King County,Washington. expressly waives all immunity and limitation of liability under any industrial insurance act, worker's compensation act, disability benefit act, or employee GeoEngineers,inc.Is an Affirmative Action and Equal Opportunity Employer G EO E NG I N E E R`_.rte/ GeoEngineers—General Conditions-Standard 2016(rev ao/i.7/a.6) Page 5 of 5 Client expressly agrees that before Client can bring a claim or cause of action Survival against GeoEngineers as provided above,based on professional negligence or breach of the professional standard of care,Client will obtain the written opinion These terms and conditions survive the completion of the services under this of a licensed or registered professional practicing in the same licensing Agreement and the termination of this Agreement, whether for cause or for jurisdiction as the project in dispute. The professional who prepares the written convenience. opinion must be licensed or registered in the discipline or technical specialty that is the basis for the dispute. The written opinion of the licensed or Severability registered professional must indicate that, in the professional opinion of the If any provision of this Agreement is ever held to be unenforceable,all remaining writer, GeoEngineers violated the prevailing standard of care in delivery of its provisions will continue in full force and effect. Client and GeoEngineers agree services. Further,the written opinion must describe the basis for that opinion that they will attempt in good faith to replace any unenforceable provision with and a conclusion that the alleged failure to comply with the standard of care one that is valid and enforceable, and which conforms as closely as possible was the cause of all or part of the alleged damages. The written opinion must with the original intent of any unenforceable provision. be made available to GeoEngineers for review and comment at least 10 days before the claim or cause of action can be submitted to litigation. The parties Equal Opportunity Employment agree that this clause was mutually negotiated and is an integral part of the GeoEngineers is an Equal Opportunity and Affirmative Action Employer. consideration for this Agreement. GeoEngineers shall abide by, and shall require that any subcontractors or Choice of Law vendors hired by GeoEngineers abide by,the requirements of 41 CFR 60-1.4(a), 60-300.5(a)and 60-741.5(a)which are incorporated as part of this Agreement This Agreement is governed by and subject to interpretation pursuant to the These regulations prohibit discrimination against qualified individuals based on laws of the State of Washington. their status as protected veterans or individuals with disabilities,and prohibit discrimination against all individuals based on their race, color, religion,sex, Biological Pollutants sexual orientation, gender identity or national origin. Moreover, these Our Scope of Services specifically excludes the investigation, detection, regulations require that covered prime contractors and subcontractors take prevention or assessment of the presence of Biological Pollutants. The term affirmative action to employ and advance in employment individuals without "Biological Pollutants" includes, but is not limited to, molds, fungi, spores, regard to race,color,religion,sex,sexual orientation,gender identity,national bacteria,and viruses,and/or any of their byproducts. origin,disability or veteran status. Our Instruments of Service will not include any interpretations, recommendations, findings or conclusions pertaining to Biological Pollutants. Accordingly,Client agrees that GeoEngineers will have no liability for any claims alleging a failure to investigate, detect, prevent, assess, or make recommendations for preventing, controlling, or abating Biological Pollutants. Furthermore, Client agrees to defend, indemnify, and hold harmless GeoEngineers from all claims by any third party concerning Biological Pollutants to the extent of the INDEMNIFICATION section in these GENERAL CONDITIONS. Claims Assistance for Client If a construction contractor or other party files a claim against Client,relating to services performed by GeoEngineers and Client requires additional information or assistance to evaluate or defend against such claims, we will make our personnel available for consultation with Client's staff and for testimony, if necessary. We will make such essential personnel available upon reasonable notice from Client and Client will reimburse GeoEngineers for such consultation or testimony, including travel costs, at the rates that apply for other services under this Agreement. We will provide services in connection with any such claims pursuant to a written supplement, if necessary, extending this Agreement. Time Bar to Legal Action The parties agree that all legal actions by either party against the other concerning our services pursuant to this Agreement or for failure to perform in accordance with the applicable standard of care, however denominated, including but not limited to claims sounding in tort or in contract,and arising out of any alleged loss or any alleged error,will become barred two(2)years from the completion of GeoEngineers'services. No Third Party Rights Nothing in this Agreement or as a consequence of any of the services provided gives any rights or benefits to anyone other than Client and GeoEngineers. All duties and responsibilities undertaken pursuant to this Agreement are for the sole and exclusive benefit of Client and GeoEngineers and not for the benefit of any other party. No third party shall have the right to rely on the product of GeoEngineers' services without GeoEngineers' prior written consent and the third party's agreement to be bound to the same terms and conditions as the Client. Assignment of Contract or Claims Neither the Client nor GeoEngineers may delegate, assign, sublet,or transfer the duties,interests or responsibilities set forth in this Agreement,or any cause of action or claim relating to the services provided under this Agreement, to other entities without the written consent of the other party. GeoEngineers.Inc.is an Affirmative Action and Equal Opportunity Employer GEOENGINEERS Schedule of Charges - 2017 COMPENSATION Our compensation will be determined on the basis of time and expenses in accordance with the following schedule unless a lump sum amount is so indicated in the proposal or services agreement.Current rates are: Professional Staff Staff 1 Scientist/Analyst $ 108/hour Staff 1 Engineer $ 114/hour Staff 2 Scientist/Analyst $ 124/hour Staff 2 Engineer $ 132/hour Staff 3,Scientist/ n 410t $ 142/hour Staff 3 Engineer $ 148/hour Scientist/Analyst 1 $ 165/hour • Engineer 1 $ 172/hour Scientist/Analyst 2 $ 171/hour Engineer 2 $ 177/hour Senior, ngineer/Sci n ist/•g $ 189/hour Senior Engineer/Scientist/Analyst 2 $ 207/hour Associate 218/hour Principal $ 238/hour Senior,Principal A.... \ $ 264/hour Technical Support Staff Adm ni ti for $ 74/hour Administrator 2 $ 86/hour Administrator 3 :x any.,., $' 97/hour CAD Technician $ 97/hour CAD Designer $ 1 1/hour CAD Design Coordinator $ 121/hour Technician 83/hour Senior Technician $ 99/hour Lead Technician $; 1.08/hour Software Development Staff . Database Architect/Analyst $ 177/hour Senior Database Architect/Analyst $ 198/hour Software Architect/Developer °v $ 198/hour .� laws Senior Software Architect Developer $ 220/hour IT Project Manager $ 220/hour Senior IT Project Manager $ 247/hour Contracted professional and technical services will be charged at the applicable hourly rates listed above. Staff time spent in depositions, trial preparation and court or hearing testimony will be billed at one and one-half times the above rates. Time spent in either local or inter-city travel, when travel is in the interest of this contract, will be charged in accordance with the foregoing schedule. Rates for data storage and web-based access will be provided on a project-specific basis. Schedule_Ftedniond-Seattle-Tacoma-2017 G EO E NG I N E E R$ Redmond-Seattle-Tacoma Schedule of Charges 2017 Page 2 of 2 Equipment Air Sparging Field Test,per day - $ 100.00 Air/Vapor Monitoring Equipment(PID,5-Gas Meter),per day $ 100.00 Asbestos Sample Kit 4;- r $ 25.00 Blastmate,per day 60.00 D&M Sampler,per d r 80.00 DO(Dissolved Oxygen)Kit $ 20.00 Dynamic Cone Penetrometer,per dad ; $ 4(100 E-Tape(Electric Tape),per day $ 25.00 Field Data Acquisition Equipment , $ 50.00 f Field Gear/Reconnaissance,per day $ 50.00 Gas Detection Meters,per day ',I Al' $ x.00.00 2,' Generator,per day $ 100.00 Groundwater Pressure Transducer w/Datalogger,per day/ „ ;, ,• 0 Groundwater Pressure Transducer w/Datalogger,per week $ 200.00 Hand Auger,per day rt!';'„ K $ a . 0 •, Inclinometer Probe,per day,1/2 day minimum $ 200.00 Interface Probe,per day $ 50.00 ',t Iron Test Kit $ 20.00 Laser Level,per day $ 50.00 Low Flow Groundwater Sampling Equipment,per day $ 225.00 Multipara meter Water Quality Meter,per day $ 80.00 Nuclear Density Gage,per hour,1/2 day minimum $ 10.00 Peristaltic Pump,per day a ,,$ 50.00 pH Probe,per day $ 15.00 PID,FID or OVA,per day 100.00 Saximeter,per day $ 50.00 Scuba Diving Gear,per day/perdiver $ X50.00 Shallow Soil Exploration Equipment,per day $ 50.00 Soil Field Screening Equipment,per day Soil Sample Kit $ 15.00 Steam Flow Meter,per day Strain Gauge Readout Equipment,per day $ 50.00 Surface Water Flow Meter,per day,1/2 day minimum _ •• $ 550.00 Surface Water Quality Monitoring Equipment,per day $ 50.00 Turbidity Meter,per day ;': $ - 30.00 Vehicle usage,per mile,or$50/day,whichever is greater $ 0.65 Specialized and miscellaneous field equipment,at current rates, list available upon request. OTHER SERVICES,SUPPLIES AND SPECIAL TAXES Charges for services, equipment,supplies and facilities not furnished in accordance with the above schedule,and any unusual items of expense not customarily incurred in our normal operations, are charged at cost plus 15 percent. This includes shipping charges, subsistence, transportation, printing and reproduction, miscellaneous supplies and rentals, surveying services, drilling equipment, construction equipment,watercraft, aircraft,and special insurance which may be required.Taxes required by local jurisdictions for projects in specific geographic areas will be charged to projects at direct cost. Per diem may be charged in lieu of subsistence and lodging. Routinely used field supplies stocked in-house by GeoEngineers,at current rates, list available upon request. In-house testing for geotechnical soil characteristics at current rates, list available upon request. Associated Project Costs(APC) Computer hardware and software, telephone and fax communications, printing and photocopying and routine postage via USPS will be charged at a flat rate of 6 percent of labor charges. These charges are labeled as Associated Project Costs(APC). All rates are subject to change upon notification. 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N (� M-JO I .1I PRE16-00040 Pre-application Conference Jefferson County Public Works MEETING INFORMATION Attendees: Gordon Ramstrom/Tom Boatman, Jefferson County Public Works; Donna Frostholm/Mary Blain, Jefferson County Department of Community Development; Susan Porto/Roger Parker, Jefferson County Environmental Health Meeting Date/Time/Location: January 24, 2016/3:00/DCD Office Applicant: Public Works, 623 Sheridan Street, Port Townsend, Washington 98368 Description of Proposal: The proposal is to replace an existing 80 square foot(sf)Attendant Office with one that is 240 sf and to upgrade an existing shipping container to an approximately 560 sf Environmental Center, which would be used for the collection of household waste such as fluorescent lighting, oil and anti-freeze. No new clearing, grading, or other ground-disturbing activities are proposed. No processing of the hazardous materials is proposed. The Jefferson County Code is available on-line at http://www.codepublishinq.corn/ DEVELOPMENT REVIEW DIVISION Land Use: • Zoning designations— Rural Residential 1:5. • Parcel is mapped as a mineral resource land overlay district. • SEPA (WAC 197-11)—The proposal would be exempt from SEPA review under WAC 197-11- 800(1)(iv). • Permitting process—Conditional use (administrative), per Table 3-1, Chapter 18.15 JCC. Apply for a Type II conditional use, which requires noticing of the application. • Proposal needs to comply with development standards in Chapter 18.30 JCC. Recycling Collection Facilities and Recycling Centers: • Proposal needs to comply with JCC 18.20.300. Stormwater: • Proposed residential development must comply with the Stormwater Management Manual for Western Washington (Washington Department of Ecology, 2012). Show proposed stormwater management on site plan. • Proposed project must comply with JCC 18.20.060 and 18.20.070. Critical Areas: • Proposal is outside of all critical areas, except critical aquifer recharge area (susceptible). The proposal involves hazardous materials so an aquifer recharge area report(JCC 18.22.120(1)) that complies with Articles Ill (Critical Aquifer Recharge Areas) and VIII (Special Reports) will be required at the time of application. A hazardous materials report must be submitted annually to comply with JCC 18.22.130(7). Land Use/Zoning Application and Fees: • Complete Zoning Conditional Use (Administrative) Application includes the following: o Permit Application o Supplemental Conditional Use Application o Site Plan o Detailed Plan Sheets o Stormwater Calculation Worksheet o Aquifer Recharge Area Report • Land use/zoning permitting fees due at the time of application: $1,172.00 ($990.00—conditional use; $159.00 notice of application and notice board; and $23.00 scanning fee). • Other permitting fees (such as building, environmental health) may apply to this application and would be in addition to the land use/zoning fees above. These fees would also be required at the time of application. • If you plan on walking in to submit the application, make an appointment to meet with the permit technician, Haylie, by calling 360-379-4450. OTHER REGULATORY/LAND USE CONSIDERATIONS • The proposal will be reviewed by Environmental Health for compliance with septic, potable water, and hazardous materials requirements. PRE-APPLICATION MEETING LIMITATIONS It is impossible for the conference to be an exhaustive review of all potential issues. The discussions at the conference or the information provided by the administrator shall not bind or prohibit the county's future application or enforcement of all applicable laws and regulations. No statement or assurance made by county representatives shall in any way relieve the applicant of his or her duty to submit an application consistent with all relevant requirements of county, state and federal codes, laws, regulations and land use plans. WAC 173-303-020: Applicability. Page 1 of 1 WAC 173-303-020 Applicability. Except as expressly provided elsewhere herein, this chapter 173-303 WAC applies to all persons who handle dangerous wastes and solid wastes that may designate as dangerous wastes including, but not limited to: (1) Generators; (2) Transporters; (3) Owners and operators of dangerous waste recycling, transfer, storage, treatment, and disposal facilities; and (4) The operator of the state's extremely hazardous waste management facility. [Statutory Authority: Chapters 70.105 and 70.105D RCW. WSR 95-22-008 (Order 94-30), § 173-303-020, filed 10/19/95, effective 11/19/95; WSR 94-01-060 (Order 92-33), § 173-303- 020, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapter 70.105 RCW. WSR 84-09-088 (Order DE 83-36), § 173-303-020, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW 70.95.260. WSR 82-05-023 (Order DE 81-33), § 173-303-020, filed 2/10/82. Formerly WAC 173-302-020.] http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-020 1/10/2017 WAC 173-303-040: Definitions. Page 1 of 20 WAC 173-303-040 Definitions. When used in this chapter, the following terms have the meanings given below. "Aboveground tank" means a device meeting the definition of"tank" in this section and that is situated in such a way that the entire surface area of the tank is completely above the plane of the adjacent surrounding surface and the entire surface area of the tank (including the tank bottom) is able to be visually inspected. "Active life" of a facility means the period from the initial receipt of dangerous waste at the facility until the department receives certification of final closure. "Active portion" means that portion of a facility which is not a closed portion, and where dangerous waste recycling, reuse, reclamation, transfer, treatment, storage or disposal operations are being or have been conducted after: The effective date of the waste's designation by 40 C.F.R. Part 261; and March 10, 1982, for wastes designated only by this chapter and not designated by 40 C.F.R. Part 261. (See also "closed portion" and "inactive portion.") "Active range" means a military range that is currently in service and is being regularly used for range activities. "Acute hazardous waste" means dangerous waste sources (listed in WAC 173-303-9904) F020, F021, F022, F023, F026, or F027, and discarded chemical products (listed in WAC 173- 303-9903) that are identified with a dangerous waste number beginning with a "P", including those wastes mixed with source, special nuclear, or by-product material subject to the Atomic Energy Act of 1954. The abbreviation "AHW'will be used in this chapter to refer to those dangerous and mixed wastes which are acute hazardous wastes. Note - The terms acute and acutely are used interchangeably. "Ampule" means an airtight vial made of glass, plastic, metal, or any combination of these materials. "Ancillary equipment" means any device including, but not limited to, such devices as piping, fittings, flanges, valves, and pumps, that is used to distribute, meter, or control the flow of dangerous waste from its point of generation to a storage or treatment tank(s), between dangerous waste storage and treatment tanks to a point of disposal on-site, or to a point of shipment for disposal off-site. "Aquifer" means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of groundwater to wells or springs. "Batch" means any waste which is generated less frequently than once a month. "Battery" means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed. "Berm" means the shoulder of a dike. "Boiler" means an enclosed device using controlled flame combustion and having the following characteristics: The unit must have physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases; and http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-040 1/10/2017 WAC 173-303-040: Definitions. Page 2 of 20 The unit's combustion chamber and primary energy recovery section(s) must be of integral design. To be of integral design, the combustion chamber and the primary energy recovery section(s) (such as waterwalls and superheaters) must be physically formed into one manufactured or assembled unit. A unit in which the combustion chamber and the primary energy recovery section(s) are joined only by ducts or connections carrying flue gas is not integrally designed; however, secondary energy recovery equipment (such as economizers or air preheaters) need not be physically formed into the same unit as the combustion chamber and the primary energy recovery section. The following units are not precluded from being boilers solely because they are not of integral design: Process heaters (units that transfer energy directly to a process stream), and fluidized bed combustion units; and While in operation, the unit must maintain a thermal energy recovery efficiency of at least sixty percent, calculated in terms of the recovered energy compared with the thermal value of the fuel; and The unit must export and utilize at least seventy-five percent of the recovered energy, calculated on an annual basis. In this calculation, no credit will be given for recovered heat used internally in the same unit. (Examples of internal use are the preheating of fuel or combustion air, and the driving of induced or forced draft fans or feedwater pumps); or The unit is one which the department has determined, on a case-by-case basis, to be a boiler, after considering the standards in WAC 173-303-017(6). "By-product" means a material that is not one of the primary products of a production process and is not solely or separately produced by the production process. Examples are process residues such as slags or distillation column bottoms. The term does not include a coproduct that is produced for the general public's use and is ordinarily used in the form it is produced by the process. "Carbon regeneration unit" means any enclosed thermal treatment device used to regenerate spent activated carbon. "Carcinogenic" means a material known to contain a substance which has sufficient or limited evidence as a human or animal carcinogen as listed in both IARC and either IRIS or HEAST. "Cathode ray tube" or "CRT" means a vacuum tube, composed primarily of glass, which is the visual or video display component of an electronic device. A used, intact CRT means a CRT whose vacuum has not been released. A used, broken CRT means glass removed from its housing or casing whose vacuum has been released. "Chemical agents and chemical munitions" are defined as in 50 U.S.C. section 1521 (j)(1). "Cleanup-only facility" means a site, including any contiguous property owned or under the control of the owner or operator of the site, where the owner or operator is or will be treating, storing, or disposing of remediation waste, including dangerous remediation waste, and is not, has not and will not be treating, storing or disposing of dangerous waste that is not remediation waste. A cleanup-only facility is not a "facility"for purposes of corrective action under WAC 173-303-646. "Closed portion" means that portion of a facility which an owner or operator has closed, in accordance with the approved facility closure plan and all applicable closure requirements. "Closure" means: • The requirements placed upon all recycling, used oil, and TSD facilities, plus some generators, and some transporters to ensure that all such facilities are closed in an acceptable manner (see also "post-closure"); and http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-040 1/10/2017 WAC 173-303-040: Definitions. Page 3 of 20 • Once taken out of service, the proper cleaning up and/or decontaminating of a dangerous waste management unit or a recycling unit and any areas affected by releases from the unit. "Commercial chemical product or manufacturing chemical intermediate" refers to a chemical substance which is manufactured or formulated for commercial or manufacturing use which consists of the commercially pure grade of the chemical, any technical grades of the chemical that are produced or marketed, and all formulations in which the chemical is the sole active ingredient. "Commercial fertilizer" means any substance containing one or more recognized plant nutrients and which is used for its plant nutrient content and/or which is designated for use or claimed to have value in promoting plant growth, and includes, but is not limited to, limes, gypsum, and manipulated animal manures and vegetable compost. The commercial fertilizer must be registered with the state or local agency regulating the fertilizer in the locale in which the fertilizer is being sold or applied. "Compliance procedure" means any proceedings instituted pursuant to the Hazardous Waste Management Act, chapter 70.105 RCW, and Hazardous waste fees, chapter 70.105A RCW, or regulations issued under authority of state law, which seeks to require compliance, or which is in the nature of an enforcement action or an action to cure a violation. A compliance procedure includes a notice of intention to terminate a permit pursuant to WAC 173-303-830(5), or an application in the state superior court for appropriate relief under the Hazardous Waste Management Act. A compliance procedure is considered to be pending from the time a notice of violation or of intent to terminate a permit is issued or judicial proceedings are begun, until the department notifies the owner or operator in writing that the violation has been corrected or that the procedure has been withdrawn or discontinued. "Component" means either the tank or ancillary equipment of a tank system. "Constituent" or "dangerous waste constituent" means a chemically distinct component of a dangerous waste stream or mixture. "Container" means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled. "Containment building" means a hazardous waste management unit that is used to store or treat hazardous waste under the provisions of WAC 173-303-695. "Contingency plan" means a document setting out an organized, planned, and coordinated course of action to be followed in case of a fire, explosion, or release of dangerous waste or dangerous waste constituents which could threaten human health or environment. "Contract" means the written agreement signed by the department and the state operator. "Corrosion expert" means a person who, by reason of his knowledge of the physical sciences and the principles of engineering and mathematics, acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks. Such a person must be certified as being qualified by the National Association of Corrosion Engineers (NACE) or be a registered professional engineer who has certification or licensing that includes education and experience in corrosion control on buried or submerged metal piping systems and metal tanks. "CRT collector" means a person who receives CRTs for recycling, repair, resale, or donation. "CRT glass manufacturer" means an operation or part of an operation that uses a furnace to manufacture CRT glass. http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-040 1/10/2017 WAC 173-303-040: Definitions. Page 4 of 20 "CRT processing" means conducting all of the following activities: • Receiving broken or intact CRTs; and • Intentionally breaking intact CRTs or further breaking or separating broken CRTs; and • Sorting or otherwise managing glass removed from CRT monitors. "Dangerous waste constituents" means those constituents listed in WAC 173-303-9905 and any other constituents that have caused a waste to be a dangerous waste under this chapter. "Dangerous waste management unit" is a contiguous area of land on or in which dangerous waste is placed, or the largest area in which there is a significant likelihood of mixing dangerous waste constituents in the same area. Examples of dangerous waste management units include a surface impoundment, a waste pile, a land treatment area, a landfill cell, an incinerator, a tank and its associated piping and underlying containment system and a container storage area. A container alone does not constitute a unit; the unit includes containers and the land or pad upon which they are placed. "Dangerous wastes" means those solid wastes designated in WAC 173-303-070 through 173-303-100 as dangerous, or extremely hazardous or mixed waste. As used in this chapter, the words "dangerous waste"will refer to the full universe of wastes regulated by this chapter. The abbreviation "DW'will refer only to that part of the regulated universe which is not extremely hazardous waste. (See also "extremely hazardous waste," "hazardous waste," and "mixed waste" definitions.) "Debris" means solid material exceeding a 60 mm particle size that is intended for disposal and that is: A manufactured object; or plant or animal matter; or natural geologic material. However, the following materials are not debris: Any material for which a specific treatment standard is provided in 40 C.F.R. Part 268 Subpart D (incorporated by reference in WAC 173- 303-140 (2)(a)); process residuals such as smelter slag and residues from the treatment of waste, wastewater, sludges, or air emission residues; and intact containers of hazardous waste that are not ruptured and that retain at least seventy-five percent of their original volume. A mixture of debris that has not been treated to the standards provided by 40 C.F.R. 268.45 and other material is subject to regulation as debris if the mixture is comprised primarily of debris, by volume, based on visual inspection. "Department" means the department of ecology. "Dermal Rabbit LD50" means the single dosage in milligrams per kilogram (mg/kg) body weight which, when dermally (skin) applied for 24 hours, within 14 days kills half or more of a group of ten rabbits each weighing between 2.0 and 3.0 kilograms. "Designated facility" means: •A dangerous waste treatment, storage, disposal, or recycling facility that: — Has received a permit (or interim status) in accordance with the requirements of this chapter, — Has received a permit (or interim status) from another state authorized in accordance with 40 C.F.R. Part 271, — Has received a permit (or interim status) from EPA in accordance with 40 C.F.R. Part 270, — Has a permit by rule under WAC 173-303-802(5), or is regulated under WAC 173-303- 120 (4)(c) or 173-303-525 when the dangerous waste is to be recycled, and —That has been designated on the manifest pursuant to WAC 173-303-180(1). http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-040 1/10/2017 WAC 173-303-040: Definitions. Page 5 of 20 • "Designated facility" also means a generator site designated on the manifest to receive its waste as a return shipment from a facility that has rejected the waste in accordance with WAC 173-303-370 (5)(f). • If a waste is destined to a facility in an authorized state that has not yet obtained authorization to regulate that particular waste as dangerous, then the designated facility must be a facility allowed by the receiving state to accept such waste. • The following are designated facilities only for receipt of state-only waste; they cannot receive federal hazardous waste from off-site: Facilities operating under WAC 173-303-500 (2)(c). "Designation" is the process of determining whether a waste is regulated under the dangerous waste lists, WAC 173-303-080 through 173-303-082; or characteristics, WAC 173- 303-090; or criteria, WAC 173-303-100. The procedures for designating wastes are in WAC 173-303-070. A waste that has been designated as a dangerous waste may be either DW or EHW. "Destination facility" means a facility that treats, disposes of, or recycles a particular category of universal waste, except those management activities described in WAC 173-303- 573 (9)(a), (b) and (c) and 173-303-573 (20)(a), (b) and (c). A facility at which a particular category of universal waste is only accumulated, is not a destination facility for purposes of managing that category of universal waste. "Dike" means an embankment or ridge of natural or man-made materials used to prevent the movement of liquids, sludges, solids, or other substances. "Dioxins and furans (D/F)" means tetra, penta, hexa, hepta, and octa-chlorinated dibenzo dioxins and furans. "Director" means the director of the department of ecology or his designee. "Discharge" or "dangerous waste discharge" means the accidental or intentional release of hazardous substances, dangerous waste or dangerous waste constituents such that the substance, waste or a waste constituent may enter or be emitted into the environment. "Disposal" means the discharging, discarding, or abandoning of dangerous wastes or the treatment, decontamination, or recycling of such wastes once they have been discarded or abandoned. This includes the discharge of any dangerous wastes into or on any land, air, or water. "Domestic sewage" means untreated sanitary wastes that pass through a sewer system to a publicly owned treatment works (POTW) for treatment. "Draft permit" means a document prepared under WAC 173-303-840 indicating the department's tentative decision to issue or deny, modify, revoke and reissue, or terminate a permit. A notice of intent to terminate or deny a permit are types of draft permits. A denial of a request for modification, revocation and reissuance, or termination as discussed in WAC 173- 303-830 is not a draft permit. "Drip pad" is an engineered structure consisting of a curbed, free-draining base, constructed of nonearthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface water run-on to an associated collection system at wood preserving plants. "Elementary neutralization unit" means a device which: Is used for neutralizing wastes which are dangerous wastes only because they exhibit the corrosivity characteristics defined in WAC 173-303-090 or are listed in WAC 173-303-081, or in 173-303-082 only for this reason; and Meets the definition of tank, tank system, container, transport vehicle, or vessel. http://apps.leg.wa.gov/WAC/defaultaspx?cite=173-303-040 1/10/2017 WAC 173-303-040: Definitions. Page 6 of 20 "Enforceable document" means an order, consent decree, plan or other document that meets the requirements of 40 C.F.R. 271.16(e) and is issued by the director to apply alternative requirements for closure, post-closure, groundwater monitoring, corrective action or financial assurance under WAC 173-303-610 (1)(e), 173-303-645 (1)(e), or 173-303-620 (1) (d) or, as incorporated by reference at WAC 173-303-400, 40 C.F.R. 265.90(f), 265.110(d), or 265.140(d). Enforceable documents include, but are not limited to, closure plans and post- closure plans, permits issued under chapter 70.105 RCW, orders issued under chapter 70.105 RCW and orders and consent decrees issued under chapter 70.105D RCW. "Environment" means any air, land, water, or groundwater. "EPA/state identification number" or"EPA/state ID#" means the number assigned by EPA or by the department of ecology to each generator, transporter, and TSD facility. "Excluded scrap metal" is processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal. "Existing tank system" or "existing component" means a tank system or component that is used for the storage or treatment of dangerous waste and that is in operation, or for which installation has commenced on or prior to February 3, 1989. Installation will be considered to have commenced if the owner or operator has obtained all federal, state, and local approvals or permits necessary to begin physical construction of the site or installation of the tank system and if either: A continuous on-site physical construction or installation program has begun; or The owner or operator has entered into contractual obligations, which cannot be canceled or modified without substantial loss, for physical construction of the site or installation of the tank system to be completed within a reasonable time. "Existing TSD facility" means a facility which was in operation or for which construction commenced on or before November 19, 1980, for wastes designated by 40 C.F.R. Part 261, or August 9, 1982, for wastes designated only by this chapter and not designated by 40 C.F.R. Part 261. A facility has commenced construction if the owner or operator has obtained permits and approvals necessary under federal, state, and local statutes, regulations, and ordinances and either: A continuous on-site, physical construction program has begun; or The owner or operator has entered into contractual obligation, which cannot be canceled or modified without substantial loss, for physical construction of the facility to be completed within a reasonable time. "Explosives or munitions emergency" means a situation involving the suspected or detected presence of unexploded ordnance (UXO), damaged or deteriorated explosives or munitions, an improvised explosive device (IED), other potentially explosive material or device, or other potentially harmful military chemical munitions or device, that creates an actual or potential imminent threat to human health, including safety, or the environment, including property, as determined by an explosives or munitions emergency response specialist. Such situations may require immediate and expeditious action by an explosives or munitions emergency response specialist to control, mitigate, or eliminate the threat. "Explosives or munitions emergency response" means all immediate response activities by an explosives and munitions emergency response specialist to control, mitigate, or eliminate the actual or potential threat encountered during an explosives or munitions emergency. An explosives or munitions emergency response may include in-place render- safe procedures, treatment or destruction of the explosives or munitions and/or transporting those items to another location to be rendered safe, treated, or destroyed. Any reasonable http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-040 1/10/2017 WAC 173-303-040: Definitions. Page 7 of 20 delay in the completion of an explosives or munitions emergency response caused by a necessary, unforeseen, or uncontrollable circumstance will not terminate the explosives or munitions emergency. Explosives and munitions emergency responses can occur on either public or private lands and are not limited to responses at RCRA facilities. "Explosives or munitions emergency response specialist" means an individual trained in chemical or conventional munitions or explosives handling, transportation, render-safe procedures, or destruction techniques. Explosives or munitions emergency response specialists include Department of Defense (DOD) emergency explosive ordnance disposal (EOD), technical escort unit (TEU), and DOD-certified civilian or contractor personnel; and other federal, state, or local government, or civilian personnel similarly trained in explosives or munitions emergency responses. "Extremely hazardous waste" means those dangerous and mixed wastes designated in WAC 173-303-100 as extremely hazardous. The abbreviation "EHW'will be used in this chapter to refer to those dangerous and mixed wastes which are extremely hazardous. (See also "dangerous waste" and "hazardous waste" definitions.) "Facility" means: •All contiguous land, and structures, other appurtenances, and improvements on the land used for recycling, reusing, reclaiming, transferring, storing, treating, or disposing of dangerous waste. A facility may consist of several treatment, storage, or disposal operational units (for example, one or more landfills, surface impoundments, or combination of them). Unless otherwise specified in this chapter, the terms "facility," "treatment, storage, disposal facility," "TSD facility," "dangerous waste facility" or"waste management facility" are used interchangeably. • For purposes of implementing corrective action under WAC 173-303-64620 or 173-303- 64630, "facility" also means all contiguous property under the control of an owner or operator seeking a permit under chapter 70.105 RCW or chapter 173-303 WAC and includes the definition of facility at RCW 70.105D.020(8). "Facility mailing list" means the mailing list for a facility maintained by the department in accordance with WAC 173-303-840 (3)(e)(I)(D). "Final closure" means the closure of all dangerous waste management units at the facility in accordance with all applicable closure requirements so that dangerous waste management activities under WAC 173-303-400 and 173-303-600 through 173-303-670 are no longer conducted at the facility. Areas only subject to generator standards WAC 173-303-170 through 173-303-230 need not be included in final closure. "Fish LC50" means the concentration that will kill fifty percent or more of the exposed fish in a specified time period. For book designation, LC50 data must be derived from an exposure period greater than or equal to twenty-four hours. A hierarchy of species LC50 data should be used that includes (in decreasing order of preference) salmonids, fathead minnows (Pimephales promelas), and other fish species. For the ninety-six-hour static acute fish toxicity test, described in WAC 173-303-110 (3)(b)(i), coho salmon (Oncorhynchus kisutch), rainbow trout (Oncorhynchus mykiss), or brook trout (Salvelinus fontinalis) must be used. "Food chain crops" means tobacco, crops grown for human consumption, and crops grown to feed animals whose products are consumed by humans. "Freeboard" means the vertical distance between the top of a tank or surface impoundment dike, and the surface of the waste contained therein. http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-040 1/10/2017 WAC 173-303-040: Definitions. Page 8 of 20 "Fugitive emissions" means the emission of contaminants from sources other than the control system exit point. Material handling, storage piles, doors, windows and vents are typical sources of fugitive emissions. "Generator" means any person, by site, whose act or process produces dangerous waste or whose act first causes a dangerous waste to become subject to regulation. "Genetic properties" means those properties which cause or significantly contribute to mutagenic, teratogenic, or carcinogenic effects in man or wildlife. "Groundwater" means water which fills voids below the land surface and in the earth's crust. "Halogenated organic compounds" (HOC) means any organic compounds which, as part of their composition, include one or more atoms of fluorine, chlorine, bromine, or iodine which is/are bonded directly to a carbon atom. This definition does not apply to the federal land disposal restrictions of 40 C.F.R. Part 268 which are incorporated by reference at WAC 173- 303-140 (2)(a). Note: Additional information on HOCs may be found in Chemical Testing Methods for Designating Dangerous Waste, Ecology Publication #97-407. "Hazardous debris" means debris that contains a hazardous waste listed in WAC 173-303- 9903 or 173-303-9904, or that exhibits a characteristic of hazardous waste identified in WAC 173-303-090. "Hazardous substances" means any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical or biological properties described in WAC 173-303-090 or 173-303-100. "Hazardous wastes" means those solid wastes designated by 40 C.F.R. Part 261, and regulated as hazardous and/or mixed waste by the United States EPA. This term will never be abbreviated in this chapter to avoid confusion with the abbreviations "DW' and "EHW." (See also "dangerous waste" and "extremely hazardous waste" definitions.) "Home scrap metal" is scrap metal as generated by steel mills, foundries, and refineries such as turnings, cuttings, punchings, and borings. "Ignitable waste" means a dangerous waste that exhibits the characteristic of ignitability described in WAC 173-303-090(5). "Inactive portion" means that portion of a facility which has not recycled, treated, stored, or disposed dangerous waste after: The effective date of the waste's designation, for wastes designated under 40 C.F.R. Part 261; and March 10, 1982, for wastes designated only by this chapter and not designated by 40 C.F.R. Part 261. "Inactive range" means a military range that is not currently being used, but that is still under military control and considered by the military to be a potential range area, and that has not been put to a new use that is incompatible with range activities. "Incinerator" means any enclosed device that: Uses controlled flame combustion and neither meets the criteria for classification as a boiler, sludge dryer, or carbon regeneration unit, nor is listed as an industrial furnace; or Meets the definition of infrared incinerator or plasma arc incinerator. "Incompatible waste" means a dangerous waste that is unsuitable for: • Placement in a particular device or facility because it may cause corrosion or decay of containment materials (for example, container inner liners or tank walls); or http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-040 1/10/2017 WAC 173-303-040: Definitions. Page 9 of 20 • Commingling with another waste or material under uncontrolled conditions because the commingling might produce heat or pressure, fire or explosion, violent reaction, toxic dusts, fumes, mists, or gases, or flammable fumes or gases. (See appendix V of 40 C.F.R. Parts 264 and 265 for examples.) "Independent qualified registered professional engineer" means a person who is licensed by the state of Washington, or a state which has reciprocity with the state of Washington as defined in RCW 18.43.100, and who is not an employee of the owner or operator of the facility for which construction or modification certification is required. A qualified professional engineer is an engineer with expertise in the specific area for which a certification is given. "Industrial-furnace" means any of the following enclosed devices that are integral components of manufacturing processes and that use thermal treatment to accomplish recovery of materials or energy: Cement kilns; lime kilns; aggregate kilns; phosphate kilns; blast furnaces; smelting, melting, and refining furnaces (including pyrometallurgical devices such as cupolas, reverberator furnaces, sintering machines, roasters and foundry furnaces); titanium dioxide chloride process oxidation reactors; coke ovens; methane reforming furnaces; combustion devices used in the recovery of sulfur values from spent sulfuric acid; pulping liquor recovery furnaces; combustion devices used in the recovery of sulfur values from spent sulfuric acid; and halogen acid furnaces (HAFs) for the production of acid from halogenated dangerous waste generated by chemical production facilities where the furnace is located on the site of a chemical production facility, the acid product has a halogen acid content of at least 3%, the acid product is used in a manufacturing process, and, except for dangerous waste burned as fuel, dangerous waste fed to the furnace has a minimum halogen content of 20% as-generated. The department may decide to add devices to this list on the basis of one or more of the following factors: The device is designed and used primarily to accomplish recovery of material products; The device burns or reduces secondary materials as ingredients in an industrial process to make a material product; The device burns or reduces secondary materials as effective substitutes for raw materials in processes using raw materials as principal feedstocks; The device burns or reduces raw materials to make a material product; The device is in common industrial use to produce a material product; and Other factors, as appropriate. "Infrared incinerator" means any enclosed device that uses electric powered resistance heaters as a source of radiant heat followed by an afterburner using controlled flame combustion and which is not listed as an industrial furnace. "Inground tank" means a device meeting the definition of"tank" in this section whereby a portion of the tank wall is situated to any degree within the ground, thereby preventing visual inspection of that external surface area of the tank that is in the ground. "Inhalation Rat LC50" means a concentration in milligrams of substance per liter of air (mg/L) which, when administered to the respiratory tract for one hour or more, kills within fourteen days half or more of a group of ten rats each weighing between 200 and 300 grams. "Inner liner" means a continuous layer of material placed inside a tank or container which protects the construction materials of the tank or container from the waste or reagents used to treat the waste. "Installation inspector" means a person who, by reason of his knowledge of the physical sciences and the principles of engineering, acquired by a professional education and related practical experience, is qualified to supervise the installation of tank systems. http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-040 1/10/2017 WAC 173-303-040: Definitions. Page 10 of 20 "Interim status permit" means a temporary permit given to TSD facilities which qualify under WAC 173-303-805. "Knowledge" means sufficient information about a waste to reliably substitute for direct testing of the waste. To be sufficient and reliable, the "knowledge" used must provide information necessary to manage the waste in accordance with the requirements of this chapter. Note: "Knowledge" may be used by itself or in combination with testing to designate a waste pursuant to WAC 173-303-070 (3)(c), or to obtain a detailed chemical, physical, and/or biological analysis of a waste as required in WAC 173-303-300 (2). "Lamp," also referred to as "universal waste lamp" means any type of high or low pressure bulb or tube portion of an electric lighting device that generates light through the discharge of electricity either directly or indirectly as radiant energy. Universal waste lamps include, but are not limited to, fluorescent, mercury vapor, metal halide, high-pressure sodium and neon. As a reference, it may be assumed that four, four-foot, one-inch diameter unbroken fluorescent tubes are equal to 2.2 pounds in weight. "Land disposal" means placement in or on the land, except in a corrective action management unit or staging pile, and includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, underground mine or cave, or placement in a concrete vault, or bunker intended for disposal purposes. "Landfill" means a disposal facility, or part of a facility, where dangerous waste is placed in or on land and which is not a pile, a land treatment facility, a surface impoundment, or an underground injection well, a salt dome formation, a salt bed formation, an underground mine, a cave, or a corrective action management unit. "Land treatment" means the practice of applying dangerous waste onto or incorporating dangerous waste into the soil surface so that it will degrade or decompose. If the waste will remain after the facility is closed, this practice is disposal. "Large quantity handler of universal waste" means a universal waste handler (as defined in this section) who accumulates 11,000 pounds or more total of universal waste (batteries, mercury-containing equipment, and lamps calculated collectively) or who accumulates more than 2,200 pounds of lamps at any time. This designation as a large quantity handler of universal waste is retained through the end of the calendar year in which 11,000 pounds or more total of universal waste and/or 2 200am ounds of lamps is accumulated. P p "Leachable inorganic waste" means solid dangerous waste (that is, passes the Paint Filter Test Method 9095B as described in "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods" EPA Publication SW-846 as incorporated by reference in WAC 173-303-110 (3)(a)) that is not an organic/carbonaceous waste and exhibits the toxicity characteristic (dangerous waste numbers D004 to D011, only) under WAC 173-303-090(8). "Leachate" means any liquid, including any components suspended in the liquid, that has percolated through or drained from dangerous waste. "Leak-detection system" means a system capable of detecting the failure of either the primary or secondary containment structure or the presence of a release of dangerous waste or accumulated liquid in the secondary containment structure. Such a system must employ operational controls (e.g., daily visual inspections for releases into the secondary containment system of aboveground tanks) or consist of an interstitial monitoring device designed to detect continuously and automatically the failure of the primary or secondary containment structure or the presence of a release of dangerous waste into the secondary containment structure. http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-040 1/10/2017 WAC 173-303-040: Definitions. Page 11 of 20 "Legal defense costs" means any expenses that an insurer incurs in defending against claims of third parties brought under the terms and conditions of an insurance policy. "Liner" means a continuous layer of man-made or natural materials which restrict the escape of dangerous waste, dangerous waste constituents, or leachate through the sides, bottom, or berms of a surface impoundment, waste pile, or landfill. "Major facility" means a facility or activity classified by the department as major. "Manifest" means the shipping document EPA Form 8700-22 (including, if necessary, EPA Form 8700-22A, originated and signed by the generator or offeror in accordance with the requirements of WAC 173-303-180 (Manifest), and the applicable requirements of WAC 173- 303-170 through 173-303-692. "Manifest tracking number" means the alphanumeric identification number (a unique three letter suffix preceded by nine numerical digits), that is preprinted in Item 4 of the Manifest by a registered source. "Manufacturing process unit" means a unit which is an integral and inseparable portion of a manufacturing operation, processing a raw material into a manufacturing intermediate or finished product, reclaiming spent materials or reconditioning components. "Marine terminal operator" means a person engaged in the business of furnishing wharfage, dock, pier, warehouse, covered and/or open storage spaces, cranes, forklifts, bulk loading and/or unloading structures and landings in connection with a highway or rail carrier and a water carrier. A marine terminal operator includes, but is not limited to, terminals owned by states and their political subdivisions; railroads who perform port terminal services not covered by their line haul rates; common carriers who perform port terminal services; and warehousemen and stevedores who operate port terminal facilities. "Mercury-containing equipment" means a device or part of a device (including thermostats, but excluding batteries and lamps) that contains elemental mercury integral to its function. Examples of mercury-containing equipment include thermostats, thermometers, manometers, and electrical switches. "Micronutrient fertilizer" means a produced or imported commercial fertilizer that contains commercially valuable concentrations of micronutrients but does not contain commercially valuable concentrations of nitrogen, phosphoric acid, available phosphorous, potash, calcium, magnesium, or sulfur. Micronutrients are boron, chlorine, cobalt, copper, iron, manganese, molybdenum, sodium, and zinc. "Military" means the Department of Defense (DOD), the Armed Services, Coast Guard, National Guard, Department of Energy (DOE), or other parties under contract or acting as an agent for the foregoing, who handle military munitions. "Military munitions" means all ammunition products and components produced or used by or for the U.S. Department of Defense or the U.S. Armed Services for national defense and security, including military munitions under the control of the Department of Defense, the U.S. Coast Guard, the U.S. Department of Energy (DOE), and National Guard personnel. The term military munitions includes: Confined gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries used by DOD components, including bulk explosives and chemical warfare agents, chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolition charges, and devices and components thereof. Military munitions do not include wholly inert items, improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear components thereof. However, the term does include nonnuclear http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-040 1/10/2017 WAC 173-303-040: Definitions. Page 12 of 20 components of nuclear devices, managed under DOE's nuclear weapons program after all required sanitization operations under the Atomic Energy Act of 1954, as amended, have been completed. "Military range" means designated land and water areas set aside, managed, and used to conduct research on, develop, test, and evaluate military munitions and explosives, other ordnance, or weapon systems, or to train military personnel in their use and handling. Ranges include firing lines and positions, maneuver areas, firing lanes, test pads, detonation pads, impact areas, and buffer zones with restricted access and exclusionary areas. "Miscellaneous unit" means a dangerous waste management unit where dangerous waste is treated, stored, or disposed of and that is not a container, tank, surface impoundment, pile, land treatment unit, landfill, incinerator, boiler, industrial furnace, underground injection well with appropriate technical standards under 40 C.F.R. Part 146, containment building, corrective action management unit, temporary unit, staging pile, or unit eligible for a research, development, and demonstration permit under WAC 173-303-809. "Mixed waste" means a dangerous, extremely hazardous, or acutely hazardous waste that contains both a nonradioactive hazardous component and, as defined by 10 C.F.R. 20.1003, source, special nuclear, or by-product material subject to the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.). "New tank system" or"new tank component" means a tank system or component that will be used for the storage or treatment of dangerous waste and for which installation has commenced after February 3, 1989; except, however, for purposes of WAC 173-303-640 (4) (g)(ii) and 40 C.F.R. 265.193 (g)(2) as adopted by reference in WAC 173-303-400(3), a new tank system is one for which construction commences after February 3, 1989. (See also "existing tank system.") "New TSD facility" means a facility which began operation or for which construction commenced after November 19, 1980, for wastes designated by 40 C.F.R. Part 261, or August 9, 1982, for wastes designated only by this chapter and not designated by 40 C.F.R. Part 261. "NIOSH registry" means the registry of toxic effects of chemical substances which is published by the National Institute for Occupational Safety and Health. "Nonsudden accident" or"nonsudden accidental occurrence" means an unforeseen and unexpected occurrence which takes place over time and involves continuous or repeated exposure. "Occurrence" means an accident, including continuous or repeated exposure to conditions, which results in bodily injury or property damage which the owner or operator neither expected nor intended to occur. "Off-specification used oil fuel" means used oil fuel that exceeds any specification level described in Table 1 in WAC 173-303-515. "Onground tank" means a device meeting the definition of"tank" in this section and that is situated in such a way that the bottom of the tank is on the same level as the adjacent surrounding surface so that the external tank bottom cannot be visually inspected. "On-site" means the same or geographically contiguous property which may be divided by public or private right of way, provided that the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along the right of way. Noncontiguous properties owned by the same person but connected by a right of way which they control and to which the public does not have access, are also considered on-site property. http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-040 1/10/2017 WAC 173-303-040: Definitions. Page 13 of 20 "Operator" means the person responsible for the overall operation of a facility. (See also "state operator.") "Oral Rat LD50" means the single dosage in milligrams per kilogram (mg/kg) body weight, when orally administered, which, within fourteen days, kills half a group of ten or more white rats each weighing between 200 and 300 grams. "Organic/carbonaceous waste" means a dangerous waste that contains combined concentrations of greater than ten percent organic/carbonaceous constituents in the waste; organic/carbonaceous constituents are those substances that contain carbon-hydrogen, carbon-halogen, or carbon-carbon chemical bonding. "Partial closure" means the closure of a dangerous waste management unit in accordance with the applicable closure requirements of WAC 173-303-400 and 173-303-600 through 173- 303-695 at a facility that contains other active dangerous waste management units. For example, partial closure may include the closure of a tank (including its associated piping and underlying containment systems), landfill cell, surface impoundment, waste pile, or other dangerous waste management unit, while other units of the same facility continue to operate. "Permit" means an authorization which allows a person to perform dangerous waste transfer, storage, treatment, or disposal operations, and which typically will include specific conditions for such facility operations. Permits must be issued by one of the following: The department, pursuant to this chapter; United States EPA, pursuant to 40 C.F.R. Part 270; or Another state authorized by EPA, pursuant to 40 C.F.R. Part 271. "Permit-by-rule" means a provision of this chapter stating that a facility or activity is deemed to have a dangerous waste permit if it meets the requirements of the provision. "Persistence" means the quality of a material that retains more than half of its initial activity after one year (365 days) in either a dark anaerobic or dark aerobic environment at ambient conditions. Persistent compounds are either halogenated organic compounds (HOC) or polycyclic aromatic hydrocarbons (PAH) as defined in this section. "Person" means an individual, trust, firm,joint stock company, federal agency, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, or any interstate body. "Personnel or facility personnel" means all persons who work at, or oversee the operations of, a dangerous waste facility, and whose actions or failure to act may result in noncompliance with the requirements of WAC 173-303-400 or 173-303-280 through 173-303-395 and 173- 303-600 through 173-303-695. "Pesticide" means but is not limited to: Any substance or mixture of substances intended to prevent, destroy, control, repel, or mitigate any insect, rodent, nematode, mollusk, fungus, weed, and any other form of plant or animal life, or virus (except virus on or in living man or other animal) which is normally considered to be a pest or which the department of agriculture may declare to be a pest; any substance or mixture of substances intended to be used as a plant regulator, defoliant, or desiccant; any substance or mixture of substances intended to be used as spray adjuvant; and, any other substance intended for such use as may be named by the department of agriculture by regulation. Herbicides, fungicides, insecticides, and rodenticides are pesticides for the purposes of this chapter. "Pile" means any noncontainerized accumulation of solid, nonflowing dangerous waste that is used for treatment or storage. http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-040 1/10/2017 WAC 173-303-040: Definitions. Page 14 of 20 "Plasma arc incinerator" means any enclosed device using a high intensity electrical discharge or arc as a source of heat followed by an afterburner using controlled flame combustion and which is not listed as an industrial furnace. "Point source" means any confined and discrete conveyance from which pollutants are or may be discharged. This term includes, but is not limited to, pipes, ditches, channels, tunnels, wells, cracks, containers, rolling stock, concentrated animal feeding operations, or watercraft, but does not include return flows from irrigated agriculture. "Polycyclic aromatic hydrocarbons" (PAH) means those hydrocarbon molecules composed of two or more fused benzene rings. For purposes of this chapter, the PAHs of concern for designation are: Acenaphthene, acenaphthylene, fluorene, anthracene, fluoranthene, phenanthrene, benzo(a)anthracene, benzo(b)fluoranthene, benzo(k)fluoranthene, pyrene, chrysene, benzo(a)pyrene, dibenz(a,h)anthracene, indeno(1,2,3-c,d)pyrene, benzo(g,h,i) perylene, dibenzo [(a,e), (a,h), (a,i), and (a,1)] pyrenes, and dibenzo(a,j) acridine. "Post-closure" means the requirements placed upon disposal facilities (e.g., landfills, impoundments closed as disposal facilities, etc.) after closure to ensure their environmental safety for a number of years after closure. (See also "closure.") "Processed scrap metal" is scrap metal that has been manually or physically altered to either separate it into distinct materials to enhance economic value or to improve the handling of materials. Processed scrap metal includes, but is not limited to, scrap metal which has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type (that is, sorted), and fines, drosses and related materials that have been agglomerated. Note: Shredded circuit boards being sent for recycling are not considered processed scrap metal. They are covered under the exclusion from the definition of solid waste for shredded circuit boards being recycled (WAC 173-303-071 (3)(gg)). "Prompt scrap metal" is scrap metal as generated by the metal working/fabrication industries and includes such scrap metal as turnings, cuttings, punchings, and borings. Prompt scrap is also known as industrial or new scrap metal. "Publicly owned treatment works" or"POTW' means any device or system, owned by the state or a municipality, which is used in the treatment, recycling, or reclamation of municipal sewage or liquid industrial wastes. This term includes sewers, pipes, or other conveyances only if they convey wastewater to a POTW. "Qualified groundwater scientist" means a scientist or engineer who has received a baccalaureate or post-graduate degree in the natural sciences or engineering, and has sufficient training and experience in groundwater hydrology and related fields to make sound professional judgments regarding groundwater monitoring and contaminant fate and transport. Sufficient training and experience may be demonstrated by state registration, professional certifications, or completion of accredited university courses. "Reactive waste" means a dangerous waste that exhibits the characteristic of reactivity described in WAC 173-303-090(7). "Reclaim" means to process a material in order to recover useable products, or to regenerate the material. Reclamation is the process of reclaiming. "Recover" means extract a useable material from a solid or dangerous waste through a physical, chemical, biological, or thermal process. Recovery is the process of recovering. "Recycle" means to use, reuse, or reclaim a material. "Recycling unit" is a contiguous area of land, structures and equipment where materials designated as dangerous waste or used oil are placed or processed in order to recover useable products or regenerate the original materials. For the purposes of this definition, http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-040 1/10/2017 WAC 173-303-040: Definitions. Page 15 of 20 "placement" does not mean "storage"when conducted within the provisions of WAC 173-303- 120(4). A container, tank, or processing equipment alone does not constitute a unit; the unit includes containers, tanks or other processing equipment, their ancillary equipment and secondary containment system, and the land upon which they are placed. "Registration number" means the number assigned by the department of ecology to a transporter who owns or leases and operates a ten-day transfer facility within Washington state. "Regulated unit" means any new or existing surface impoundment, landfill, land treatment area or waste pile that receives any dangerous waste after: July 26, 1982, for wastes regulated by 40 C.F.R. Part 261; October 31, 1984 for wastes designated only by this chapter and not regulated by 40 C.F.R. Part 261; or The date six months after a waste is newly identified by amendments to 40 C.F.R. Part 261 or this chapter which cause the waste to be regulated. "Release" means any intentional or unintentional spilling, leaking, pouring, emitting, emptying, discharging, injecting, pumping, escaping, leaching, dumping, or disposing of dangerous wastes, or dangerous constituents as defined at WAC 173-303-64610(4), into the environment and includes the abandonment or discarding of barrels, containers, and other receptacles containing dangerous wastes or dangerous constituents and includes the definition of release at RCW 70.105D,020(32). "Remediation waste" means all solid and dangerous wastes, and all media (including groundwater, surface water, soils, and sediments) and debris, that are managed for implementing cleanup. "Replacement unit" means a landfill, surface impoundment, or waste pile unit from which all or substantially all of the waste is removed, and that is subsequently reused to treat, store, or dispose of dangerous waste. "Replacement unit" does not apply to a unit from which waste is removed during closure, if the subsequent reuse solely involves the disposal of waste from that unit and other closing units or corrective action areas at the facility, in accordance with an approved closure plan or EPA or state approved corrective action. "Representative sample" means a sample which can be expected to exhibit the average properties of the sample source. "Reuse or use" means to employ a material either: As an ingredient (including use as an intermediate) in an industrial process to make a product (for example, distillation bottoms from one process used as feedstock in another process). However, a material will not satisfy this condition if distinct components of the material are recovered as separate end products (as when metals are recovered from metal- containing secondary materials); or In a particular function or application as an effective substitute for a commercial product (for example, spent pickle liquor used as phosphorous precipitant and sludge conditioner in wastewater treatment). "Runoff' means any rainwater, leachate, or other liquid which drains over land from any part of a facility. "Run-on" means any rainwater, leachate, or other liquid which drains over land onto any part of a facility. "Satellite accumulation area" means a location at or near any point of generation where hazardous waste is initially accumulated in containers (during routine operations) prior to consolidation at a designated ninety-day accumulation area or storage area. The area must http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-040 1/10/2017 WAC 173-303-040: Definitions. Page 16 of 20 be under the control of the operator of the process generating the waste or secured at all times to prevent improper additions of wastes into the satellite containers. "Schedule of compliance" means a schedule of remedial measures in a permit including an enforceable sequence of interim requirements leading to compliance with this chapter. "Scrap metal" means bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled. "Sludge" means any solid, semisolid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility. This term does not include the treated effluent from a wastewater treatment plant. "Sludge dryer" means any enclosed thermal treatment device that is used to dehydrate sludge and that has a maximum total thermal input, excluding the heating value of the sludge itself, of 2,500 Btu/lb of sludge treated on a wet-weight basis. "Small quantity handler of universal waste" means a universal waste handler (as defined in this section) who does not accumulate 11,000 pounds or more total of universal waste (batteries, mercury-containing equipment, and lamps, calculated collectively) and/or who does not accumulate more than 2,200 pounds of lamps at any time. "Solid acid waste" means a dangerous waste that exhibits the characteristic of low pH under the corrosivity tests of WAC 173-303-090 (6)(a)(iii). "Solid waste management unit" or"SWMU" means any discernible location at a facility, as defined for the purposes of corrective action, where solid wastes have been placed at any time, irrespective of whether the location was intended for the management of solid or dangerous waste. Such locations include any area at a facility at which solid wastes, including spills, have been routinely and systematically released. Such units include regulated units as defined by chapter 173-303 WAC. "Sorbent" means a material that is used to soak up free liquids by either adsorption or absorption, or both. Sorb means to either adsorb or absorb, or both. "Special incinerator ash" means ash residues resulting from the operation of incineration or energy recovery facilities managing municipal solid waste from residential, commercial and industrial establishments, if the ash residues are designated as dangerous waste only by this chapter and not designated as hazardous waste by 40 C.F.R. Part 261. "Special waste" means any state-only dangerous waste that is solid only (nonliquid, nonaqueous, nongaseous), that is: Corrosive waste (WAC 173-303-090 (6)(b)(ii)), toxic waste that has Category D toxicity (WAC 173-303-100(5)), PCB waste (WAC 173-303-9904 under State Sources), or persistent waste that is not EHW(WAC 173-303-100(6)). Any solid waste that is regulated by the United States EPA as hazardous waste cannot be a special waste. "Spent material" means any material that has been used and as a result of contamination can no longer serve the purpose for which it was produced without processing. "Stabilization" and "solidification" means a technique that limits the solubility and mobility of dangerous waste constituents. Solidification immobilizes a waste through physical means and stabilization immobilizes the waste by bonding or chemically reacting with the stabilizing material. "Staging pile" means an accumulation of solid, nonflowing, remediation waste that is not a containment building or a corrective action management unit and that is used for temporary storage of remediation waste for implementing corrective action under WAC 173-303-646 or http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-040 1/10/2017 ,+ WAC 173-303-040: Definitions. Page 17 of 20 other clean up activities. Staging piles must be designated by the department according to the requirements of WAC 173-303-64690. "State-only dangerous waste" means a waste designated only by this chapter, chapter 173-303 WAC, and is not regulated as a hazardous waste under 40 C.F.R. Part 261. "State operator" means the person responsible for the overall operation of the state's extremely hazardous waste facility on the Hanford Reservation. "Storage" means the holding of dangerous waste for a temporary period. "Accumulation" of dangerous waste, by the generator on the site of generation, is not storage as long as the generator complies with the applicable requirements of WAC 173-303-200 and 173-303-201. "Sudden accident" means an unforeseen and unexpected occurrence which is not continuous or repeated in nature. "Sump" means any pit or reservoir that meets the definition of tank and those troughs/trenches connected to it that serves to collect dangerous waste for transport to dangerous waste storage, treatment, or disposal facilities; except that as used in the landfill, surface impoundment, and waste pile rules, "sump" means any lined pit or reservoir that serves to collect liquids drained from a leachate collection and removal system or leak detection system for subsequent removal from the system. "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 liquid wastes or wastes containing free liquids. The term includes holding, storage, settling, and aeration pits, ponds, or lagoons, but does not include injection wells. "Tank" means a stationary device designed to contain an accumulation of dangerous waste, and which is constructed primarily of nonearthen materials to provide structural support. "Tank system" means a dangerous waste storage or treatment tank and its associated ancillary equipment and containment system. "Temporary unit" means a tank or container that is not an accumulation unit under WAC 173-303-200 and that is used for temporary treatment or storage of remediation waste for implementing corrective action under WAC 173-303-646 or other clean up activities. "TEQ" means toxicity equivalence, the international method of relating the toxicity of various dioxin/furan congeners to the toxicity of 2,3,7,8-tetrachlorodibenzo-p-dioxin. "Thermal treatment" means the treatment of dangerous waste in a device which uses elevated temperatures as the primary means to change the chemical, physical, or biological character or composition of the dangerous waste. Examples of thermal treatment processes are incineration, molten salt, pyrolysis, calcination, wet air oxidation, and microwave discharge. "Thermostat" means a temperature control device that contains metallic mercury in an ampule attached to a bimetal sensing element, and mercury-containing ampules that have been removed from these temperature control devices in compliance with the requirements of WAC 173-303-573 (9)(b)(ii) or (20)(b)(ii). "TLmg " means the same as "Aquatic LCsn." "Totally enclosed treatment facility" means a facility for treating dangerous waste which is directly connected to a production process and which prevents the release of dangerous waste or dangerous waste constituents into the environment during treatment. "Toxic" means having the properties to cause or to significantly contribute to death, injury, or illness of man or wildlife. http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-040 1/10/2017 WAC 173-303-040: Definitions. Page 18 of 20 ,173-303-1.040i: r facility" means any transportation related facility including loading docks, parking areas, storage areas, buildings, piers, and other similar areas where shipments of dangerous waste are held, consolidated, or transferred within a period of ten days or less during the normal course of transportation. "Transport vehicle" means a motor vehicle, water vessel, or rail car used for the transportation of cargo by any mode. Each cargo-carrying body (trailer, railroad freight car, steamship, etc.) is a separate transport vehicle. "Transportation" means the movement of dangerous waste by air, rail, highway, or water. "Transporter" means a person engaged in the off-site transportation of dangerous waste. "Travel time" means the period of time necessary for a dangerous waste constituent released to the soil (either by accident or intent) to enter any on-site or off-site aquifer or water supply system. "Treatability study" means a study in which a dangerous waste is subjected to a treatment process to determine: Whether the waste is amenable to the treatment process; what pretreatment (if any) is required; the optimal process conditions needed to achieve the desired treatment; the efficiency of a treatment process for a specific waste or wastes; or the characteristics and volumes of residuals from a particular treatment process. Also included in this definition for the purpose of the exemptions contained in WAC 173-303-071 (3)(r) and (s), are liner compatibility, corrosion, and other material compatibility studies and toxicological and health effects studies. A "treatability study" is not a means to commercially treat or dispose of dangerous waste. "Treatment" means the physical, chemical, or biological processing of dangerous waste to make such wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume, with the exception of compacting, repackaging, and sorting as allowed under WAC 173-303-400(2) and 173-303- 600(3). "Treatment zone" means a soil area of the unsaturated zone of a land treatment unit within which dangerous wastes are degraded, transformed or immobilized. "Triple rinsing" means the cleaning of containers in accordance with the requirements of WAC 173-303-160 (2)(b), containers. "Underground injection" means the subsurface emplacement of fluids through a bored, drilled, or driven well, or through a dug well, where the depth of the dug well is greater than the largest surface dimension. "Underground source of drinking water" (USDW) means an aquifer or its portion: • Which supplies any public water system or contains a sufficient quantity of groundwater to supply a public water system; and currently supplies drinking water for human consumption or contains fewer than 10,000 mg/I total dissolved solids; and • Which is not an exempted aquifer. "USDW" means underground source of drinking water. "Underground tank" means a device meeting the definition of"tank" in this section whose entire surface area is totally below the surface of and covered by the ground. "Unexploded ordnance (UXO)" means military munitions that have been primed, fused, armed, or otherwise prepared for action, and have been fired, dropped, launched, projected, or placed in such a manner as to constitute a hazard to operations, installation, personnel, or material and remain unexploded either by malfunction, design, or any other cause. http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-040 1/10/2017 WAC 173-303-040: Definitions. Page 19 of 20 "Unfit-for-use tank system" means a tank system that has been determined through an integrity assessment or other inspection to be no longer capable of storing or treating dangerous waste without posing a threat of release of dangerous waste to the environment. "Universal waste" means any of the following dangerous wastes that are subject to the universal waste requirements of WAC 173-303-573: Batteries as described in WAC 173-303-573(2); Mercury-containing equipment as described in WAC 173-303-573(3); and Lamps as described in WAC 173-303-573(5). "Universal waste handler": Means: A generator (as defined in this section) of universal waste; or The owner or operator of a facility, including all contiguous property, that receives universal waste from other universal waste handlers, accumulates universal waste, and sends universal waste to another universal waste handler, to a destination facility, or to a foreign destination. Does not mean: A person who treats (except under the provisions of WAC 173-303-573 (9)(a), (b), or (c) or (20)(a), (b), or (c)) disposes of, or recycles universal waste; or A person engaged in the off-site transportation of universal waste by air, rail, highway, or water, including a universal waste transfer facility. "Universal waste transfer facility" means any transportation-related facility including loading docks, parking areas, storage areas and other similar areas where shipments of universal waste are held during the normal course of transportation for ten days or less. "Universal waste transporter" means a person engaged in the off-site transportation of universal waste by air, rail, highway, or water. "Unsaturated zone" means the zone between the land surface and the water table. "Uppermost aquifer" means the geological formation nearest the natural ground surface that is capable of yielding groundwater to wells or springs. It includes lower aquifers that are hydraulically interconnected with this aquifer within the facility property boundary. "Used oil" means any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities. "Vessel" includes every description of watercraft, used or capable of being used as a means of transportation on the water. "Waste-derived fertilizer" means a commercial fertilizer that is derived in whole or in part from solid waste as defined in chapter 70.95 or 70.105 RCW, or rules adopted thereunder, but does not include fertilizers derived from biosolids or biosolid products regulated under chapter 70,95) RCW or wastewaters regulated under chapter 90.48 RCW. "Wastewater treatment unit" means a device that: Is part of a wastewater treatment facility which is subject to regulation under either: Section 402 or section 307(b) of the Federal Clean Water Act; or Chapter 90.48 RCW, State Water Pollution Control Act, provided that the waste treated at the facility is a state-only dangerous waste; and Handles dangerous waste in the following manner: Receives and treats or stores an influent wastewater; or Generates and accumulates or treats or stores a wastewater treatment sludge; and Meets the definition of tank or tank system in this section. http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-040 1/10/2017 WAC 173-303-040: Definitions. Page 20 of 20 "Water or rail (bulk shipment)" means the bulk transportation of dangerous waste which is loaded or carried on board a vessel or railcar without containers or labels. "Zone of engineering control" means an area under the control of the owner/operator that, upon detection of a dangerous waste release, can be readily cleaned up prior to the release of dangerous waste or dangerous constituents to groundwater or surface water. Any terms used in this chapter which have not been defined in this section have either the same meaning as set forth in Title 40 C.F.R. Parts 260, 264, 270, and 124 or else have their standard, technical meaning. As used in this chapter, words in the masculine gender also include the feminine and neuter genders, words in the singular include the plural, and words in the plural include the singular. [Statutory Authority: Chapter 70.105 RCW. WSR 15-01-123 (Order 13-07), § 173-303-040, filed 12/18/14, effective 1/18/15. Statutory Authority: Chapters 70,105 and 70.105D RCW. WSR 09-14-105 (Order 07-12), § 173-303-040, filed 6/30/09, effective 7/31/09. Statutory Authority: Chapters 70.95N, 70.105, and 70.105D RCW. WSR 07-21-013 (Order 07-05), § 173-303-040, filed 10/5/07, effective 11/5/07. Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW 70.105.007. WSR 04-24-065 (Order 03-10), § 173-303-040, filed 11/30/04, effective 1/1/05; WSR 00-11-040 (Order 99-01), § 173-303-040, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. WSR 98-03-018 (Order 97-03), § 173-303-040, filed 1/12/98, effective 2/12/98; WSR 95-22-008 (Order 94-30), § 173-303-040, filed 10/19/95, effective 11/19/95; WSR 94-01-060 (Order 92-33), § 173-303- 040, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapters 70,105 and 70,105D RCW, 40 C.F.R. Part 271.3 and RCRA § 3006 (42 U.S.C. 3251). WSR 91-07-005 (Order 90-42), § 173-303-040, filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. WSR 89-02-059 (Order 88-24), § 173-303-040, filed 1/4/89; WSR 87-14-029 (Order DE-87-4), § 173-303-040, filed 6/26/87; WSR 86-12-057 (Order DE-85-10), § 173-303-040, filed 6/3/86; WSR 84-09-088 (Order DE 83-36), § 173-303-040, filed 4/18/84. Statutory Authority: RCW 70.95.260 and chapter 70.105 RCW. WSR 82-05-023 (Order DE 81-33), § 173-303-040, filed 2/10/82. Formerly WAC 173-302-040.] Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency. http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-040 1/10/2017 WAC 173-303-017: Recycling processes involving solid waste. Page 1 of 4 WAC 173-303-017 Recycling processes involving solid waste. (1) The purpose of this section is to identify those materials that are and are not solid wastes when recycled. Certain materials, as described in subsection (2) of this section, would not typically be considered to involve waste management and are exempt from the requirements of this chapter. All recycling processes not exempted by subsection (2) of this section are subject to the recycling requirements of WAC 173-303-120. (2) General categories of materials that are not solid waste when recycled. (a) Except as provided in subsection (3) of this section, materials are not solid wastes when they can be shown to be recycled by being: (i) Used or reused as ingredients in an industrial process to make a product provided the materials are not being reclaimed; or (ii) Used or reused as effective substitutes for commercial products; or (iii) Returned to the original process from which they are generated, without first being reclaimed or land disposed. The material must be returned as a substitute for feedstock materials. In cases where the original process to which the material is returned is a secondary process, the materials must be managed such that there is no placement on the land. (b) Except as provided in subsection (3) of this section, the department has determined that the following materials when used as described are not solid wastes: (i) Pulping liquors (e.g., black liquor) that are reclaimed in a pulping liquor recovery furnace and then reused in the pulping process; (ii) Spent pickle liquor which is reused in wastewater treatment at a facility holding a national pollutant discharge elimination system (NPDES) permit, or which is being accumulated, stored, or treated before such reuse; (iii) Spent sulfuric acid used to produce virgin sulfuric acid. (3) The following materials are solid wastes, even if the recycling involves use, reuse, or return to the original process (as described in subsection (2)(a) of this section): (a) Materials used in a manner constituting disposal, or used to produce products that are applied to the land; or (b) Materials burned for energy recovery, used to produce a fuel, or contained in fuels; or (c) Materials accumulated speculatively as defined in WAC 173-303-016 (5)(d)(ii); or (d) Materials listed in WAC 173-303-016(6); or (e) Any materials that the department determines are being accumulated, used, reused or handled in a manner that poses a threat to public health or the environment. (4) Documentation of claims that materials are not solid wastes or are conditionally exempt from regulation. Respondents in actions to enforce regulations implementing chapter 70.105 RCW who raise a claim that a certain material is not a solid waste, or is conditionally exempt from regulation, must demonstrate that there is a known market or disposition for the material, and that they meet the terms of the exclusion or exemption. In doing so, they must provide appropriate documentation (such as contracts showing that a second person uses the material as an ingredient in a production process) to demonstrate that the material is not a waste, or is exempt from regulation. In addition, owners or operators of facilities claiming that they actually are recycling materials must show that they have the necessary equipment to do so. (5) Variances from classification as a solid waste. http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-017 1/10/2017 WAC 173-303-017: Recycling processes involving solid waste. Page 2 of 4 (a) In accordance with the standards and criteria in (b) of this subsection and the procedures in subsection (7) of this section, the department may determine on a case-by-case basis that the following recycled materials are not solid wastes: (i) Materials that are accumulated speculatively without sufficient amounts being recycled (as defined in WAC 173-303-016 (5)(d)(ii)); (ii) Materials that are reclaimed and then reused within the original production process in which they were generated; (iii) Materials that have been reclaimed but must be reclaimed further before the materials are completely recovered; (iv) State-only dangerous materials (not regulated as hazardous wastes (defined in WAC 173-303-040) by EPA) which serve as an effective substitute for a commercial product or raw material. (b) Standards and criteria for variances from classification as a solid waste. (i) The department may grant requests for a variance from classifying as a solid waste those materials that are accumulated speculatively without sufficient amounts being recycled if the applicant demonstrates that sufficient amounts of the material will be recycled or transferred for recycling in the following year. If a variance is granted, it is valid only for the following year, but can be renewed, on an annual basis, by filing a new application. The department's decision will be based on the following criteria: (A) The manner in which the material is expected to be recycled, when the material is expected to be recycled, and whether this expected disposition is likely to occur (for example, because of past practice, market factors, the nature of the material, or contractual arrangements for recycling); (B) The reason that the applicant has accumulated the material for one or more years without recycling seventy-five percent of the volume accumulated at the beginning of the year; (C) The quantity of material already accumulated and the quantity expected to be generated and accumulated before the material is recycled; (D) The extent to which the material is handled to minimize loss; (E) Other relevant factors. (ii) The department may grant requests for a variance from classifying as a solid waste those materials that are reclaimed and then reused as feedstock within the original production process in which the materials were generated if the reclamation operation is an essential part of the production process. This determination will be based on the following criteria: (A) How economically viable the production process would be if it were to use virgin materials, rather than reclaimed materials; (B) The extent to which the material is handled before reclamation to minimize loss; (C) The time periods between generating the material and its reclamation, and between reclamation and return to the original primary production process; (D) The location of the reclamation operation in relation to the production process; (E) Whether the reclaimed material is used for the purpose for which it was originally produced when it is returned to the original process, and whether it is returned to the process in substantially its original form; (F) Whether the person who generates the material also reclaims it; (G) Other relevant factors. (iii) The department may grant requests for a variance from classifying as a solid waste those materials that have been reclaimed but must be reclaimed further before recovery is completed if, after initial reclamation, the resulting material is commodity-like (even though it is http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-017 1/10/2017 WAC 173-303-017: Recycling processes involving solid waste. Page 3 of 4 not yet a commercial product, and has to be reclaimed further). This determination will be based on the following factors: (A) The degree of processing the material has undergone and the degree of further processing that is required; (B) The value of the material after it has been reclaimed; (C) The degree to which the reclaimed material is like an analogous raw material; (D) The extent to which an end market for the reclaimed material is guaranteed; (E) The extent to which the reclaimed material is handled to minimize loss; (F) Other relevant factors. (iv) The department may grant requests for a variance from classifying as a solid waste those materials that serve as an effective substitute for a commercial product or raw material, when such material is not regulated as hazardous waste (defined in WAC 173-303-040) by EPA, if the materials are recycled in a manner such that they more closely resemble products or raw materials rather than wastes. This determination will be based on the following factors: (A) The effectiveness of the material for the claimed use; (B) The degree to which the material is like an analogous raw material or product; (C) The extent to which the material is handled to minimize loss or escape to the environment; (D) The extent to which an end market for the reclaimed material is guaranteed; (E) The time period between generating the material and its recycling; (F) Other factors as appropriate. (6) Variance to be classified as a boiler. In accordance with the standards and criteria in WAC 173-303-040 (definition of"boiler"), and the procedures in subsection (7) of this section, the department may determine on a case-by-case basis that certain enclosed devices using controlled flame combustion are boilers, even though they do not otherwise meet the definition of boiler contained in WAC 173- 303-040, after considering the following criteria: (a) The extent to which the unit has provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases; and (b) The extent to which the combustion chamber and energy recovery equipment are of integral design; and (c) The efficiency of energy recovery, calculated in terms of the recovered energy compared with the thermal value of the fuel; and (d) The extent to which exported energy is utilized; and (e) The extent to which the device is in common and customary use as a "boiler" functioning primarily to produce steam, heated fluids, or heated gases; and (f) Other factors, as appropriate. (7) Procedures for variances from classification as a solid waste or to be classified as a boiler. The department will use the following procedures in evaluating applications for variances from classification as a solid waste or applications to classify particular enclosed controlled flame combustion devices as boilers: (a) The applicant must apply to the department for the variance. The application must address the relevant criteria contained in subsections (5)(b) or (6) of this section. (b) The department will evaluate the application and issue a draft public notice tentatively granting or denying the application. Notification of this tentative decision will be provided by newspaper advertisement and radio broadcast in the locality where the recycler is located. http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-017 1/10/2017 WAC 173-303-017: Recycling processes involving solid waste. Page 4 of 4 The department will accept comment on the tentative decision for thirty days, and may also hold a public hearing upon request or at its discretion. The department will issue a final decision after receipt of comments and after the hearing (if any). [Statutory Authority: Chapters 70.105 and 70.105D RCW. WSR 09-14-105 (Order 07-12), § 173-303-017, filed 6/30/09, effective 7/31/09; WSR 98-03-018 (Order 97-03), § 173-303-017, filed 1/12/98, effective 2/12/98; WSR 95-22-008 (Order 94-30), § 173-303-017, filed 10/19/95, effective 11/19/95. Statutory Authority: Chapters 70.105 and 70.105D RCW, 40 C.F.R. Part 271.3 and RCRA § 3006 (42 U.S.C. 3251). WSR 91-07-005 (Order 90-42), § 173-303-017, filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. WSR 87-14-029 (Order DE-87-4), § 173-303-017, filed 6/26/87; WSR 86-12-057 (Order DE-85-10), § 173-303- 017, filed 6/3/86; WSR 84-14-031 (Order DE 84-22), § 173-303-017, filed 6/27/841 http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-017 1/10/2017 WAC 173-303-071: Excluded categories of waste. Page 1 of 18 WAC 173-303-071 Excluded categories of waste. (1) Purpose. Certain categories of waste have been excluded from the requirements of chapter 173-303 WAC, except for WAC 173-303-050, because they generally are not dangerous waste, are regulated under other state and federal programs, or are recycled in ways which do not threaten public health or the environment. WAC 173-303-071 describes these excluded categories of waste. (2) Excluding wastes. Any persons who generate a common class of wastes and who seek to categorically exclude such class of wastes from the requirements of this chapter must comply with the applicable requirements of WAC 173-303-072. No waste class will be excluded if any of the wastes in the class are regulated as hazardous waste under 40 C.F.R. Part 261. (3) Exclusions. The following categories of waste are excluded from the requirements of chapter 173-303 WAC, except for WAC 173-303-050, 173-303-145, and 173-303-960, and as otherwise specified: (a)(i) Domestic sewage; and (ii) Any mixture of domestic sewage and other wastes that passes through a sewer system to a publicly owned treatment works (POTW) for treatment provided: (A) The generator or owner/operator has obtained a state waste discharge permit issued by the department, a temporary permit obtained pursuant to RCW 90.48.200, or pretreatment permit (or written discharge authorization) from a local sewage utility delegated pretreatment program responsibilities pursuant to RCW 90.48.165; (B) The waste discharge is specifically authorized in a state waste discharge permit, pretreatment permit or written discharge authorization, or in the case of a temporary permit the waste is accurately described in the permit application; (C) The waste discharge is not prohibited under 40 C.F.R. Part 403.5; and (D) The waste prior to mixing with domestic sewage must not exhibit dangerous waste characteristics for ignitability, corrosivity, reactivity, or toxicity as defined in WAC 173-303-090, and must not meet the dangerous waste criteria for toxic dangerous waste or persistent dangerous waste under WAC 173-303-100, unless the waste is treatable in the publicly owned treatment works (POTVV) where it will be received. This exclusion does not apply to the generation, treatment, storage, recycling, or other management of dangerous wastes prior to discharge into the sanitary sewage system; (b) Industrial wastewater discharges that are point-source discharges subject to regulation under Section 402 of the Clean Water Act. This exclusion does not apply to the collection, storage, or treatment of industrial waste-waters prior to discharge, nor to sludges that are generated during industrial wastewater treatment. Owners or operators of certain wastewater treatment facilities managing dangerous wastes may qualify for a permit-by-rule pursuant to WAC 173-303-802(5); (c) Household wastes, including household waste that has been collected, transported, stored, or disposed. Wastes that are residues from or are generated by the management of household wastes (e.g., leachate, ash from burning of refuse-derived fuel) are not excluded by this provision. "Household wastes" means any waste material (including, but not limited to, garbage, trash, and sanitary wastes in septic tanks) derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-071 1/10/2017 WAC 173-303-071: Excluded categories of waste. Page 2 of 18 campgrounds, picnic grounds, and day-use recreation areas). A resource recovery facility managing municipal solid waste will not be deemed to be treating, storing, disposing of, or otherwise managing dangerous wastes for the purposes of regulation under this chapter, if such facility: (i) Receives and burns only: (A) Household waste (from single and multiple dwellings, hotels, motels, and other residential sources); and (B) Solid waste from commercial or industrial sources that does not contain dangerous waste; and (ii) Such facility does not accept dangerous wastes and the owner or operator of such facility has established contractual requirements or other appropriate notification or inspection procedures to assure that dangerous wastes are not received at or burned in such facility; (d) Agricultural crops and animal manures which are returned to the soil as fertilizers; (e) Asphaltic materials designated only for the presence of PAHs by WAC 173-303-100(6). For the purposes of this exclusion, asphaltic materials means materials that have been used for structural and construction purposes (e.g., roads, dikes, paving) that were produced from mixtures of oil and sand, gravel, ash or similar substances; (f) Roofing tars and shingles, except that these wastes are not excluded if mixed with wastes listed in WAC 173-303-081 or 173-303-082, or if they exhibit any of the characteristics specified in WAC 173-303-090; (g) Treated wood waste and wood products including: (i) Arsenical-treated wood that fails the test for the toxicity characteristic of WAC 173-303- 090(8) (dangerous waste numbers D004 through D017 only) or that fails any state criteria, if the waste is generated by persons who utilize the arsenical-treated wood for the materials' intended end use. Intended end use meansh t e woodroducts must ust have been used in typical treated wood applications (for example, fence posts, decking, poles, and timbers). (ii) Wood treated with other preservatives provided such treated wood and wood waste (for example, sawdust and shavings) are, within one hundred eighty days after becoming waste: (A) Disposed of at a landfill that is permitted in accordance with chapter 173-350 WAC, Solid waste handling standards, or chapter 173-351 WAC, criteria for municipal solid waste landfills, and provided that such wood is neither a listed waste under WAC 173-303-9903 and 173-303-9904 nor a TCLP waste under WAC 173-303-090(8); or (B) Sent to a facility that will legitimately treat or recycle the treated wood waste, and manage any residue in accordance with that state's dangerous waste regulations; or (C) Sent off-site to a permitted TSD facility or placed in an on-site facility which is permitted by the department under WAC 173-303-800 through 173-303-845. In addition, creosote-treated wood is excluded when burned for energy recovery in an industrial furnace or boiler that has an order of approval issued pursuant to RCW 70.94.152 by ecology or a local air pollution control authority to burn creosote treated wood. (h) Irrigation return flows; (i) Reserve; (j) Mining overburden returned to the mining site; (k) Polychlorinated biphenyl (PCB) wastes: (i) PCB wastes whose disposal is regulated by EPA under 40 C.F.R. 761.60 (Toxic Substances Control Act) and that are dangerous either because: (A) They fail the test for toxicity characteristic (WAC 173-303-090(8), Dangerous waste codes D018 through D043 only); or http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-071 1/10/2017 WAC 173-303-071: Excluded categories of waste. Page 3 of 18 (B) Because they are designated only by this chapter and not designated by 40 C.F.R. Part 261, are exempt from regulation under this chapter except for WAC 173-303-505 through 173-303-525, 173-303-960, those sections specified in subsection (3) of this section, and 40 C.F.R. Part 266; (ii) Wastes that would be designated as dangerous waste under this chapter solely because they are listed as WPCB under WAC 173-303-9904 when such wastes are stored and disposed in a manner equivalent to the requirements of 40 C.F.R. Part 761 Subpart D for PCB concentrations of 50 ppm or greater. (I) Samples: (i) Except as provided in (I)(ii) of this subsection, a sample of solid waste or a sample of water, soil, or air, which is collected for the sole purpose of testing to determine its characteristics or composition, is not subject to any requirements of this chapter, when: (A) The sample is being transported to a lab for testing or being transported to the sample collector after testing; or (B) The sample is being stored by the sample collector before transport, by the laboratory before testing, or by the laboratory after testing prior to return to the sample collector; or (C) The sample is being stored temporarily in the laboratory after testing for a specific purpose (for example, until conclusion of a court case or enforcement action). (ii) In order to qualify for the exemptions in (I)(i) of this subsection, a sample collector shipping samples to a laboratory and a laboratory returning samples to a sample collector must: (A) Comply with United States Department of Transportation (DOT), United States Postal Service (USPS), or any other applicable shipping requirements; or (B) Comply with the following requirements if the sample collector determines that DOT or USPS, or other shipping requirements do not apply: (I)Assure that the following information accompanies the sample: (AA) The sample collector's name, mailing address, and telephone number; (BB) The laboratory's name, mailing address, and telephone number; (CC) The quantity of the sample; (DD) The date of shipment; (EE) A description of the sample; and (II) Package the sample so that it does not leak, spill, or vaporize from its packaging. (iii) This exemption does not apply if the laboratory determines that the waste is dangerous but the laboratory is no longer meeting any of the conditions stated in (I)(i) of this subsection; (m) Reserve; (n) Dangerous waste generated in a product or raw material storage tank, a product or raw material transport vehicle or vessel, a product or raw material pipeline, or in a manufacturing process unit or an associated nonwaste-treatment-manufacturing unit until it exits the unit in which it was generated. This exclusion does not apply to surface impoundments, nor does it apply if the dangerous waste remains in the unit more than ninety days after the unit ceases to be operated for manufacturing, or for storage or transportation of product or raw materials; (o) Waste pickle liquor sludge generated by lime stabilization of spent pickle liquor from the iron and steel industry (NAICS codes 331111 and 332111), except that these wastes are not excluded if they exhibit one or more of the dangerous waste criteria (WAC 173-303-100) or characteristics (WAC 173-303-090); http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-071 1/10/2017 WAC 173-303-071: Excluded categories of waste. Page 4 of 18 (p) Wastes from burning any of the materials exempted from regulation by WAC 173-303- 120 (2)(a)(vii) and (viii). These wastes are not excluded if they exhibit one or more of the dangerous waste characteristics or criteria; (q) As of January 1, 1987, secondary materials that are reclaimed and returned to the original process or processes in which they were generated where they are reused in the production process provided: (i) Only tank storage is involved, and the entire process through completion of reclamation is closed by being entirely connected with pipes or other comparable enclosed means of conveyance; (ii) Reclamation does not involve controlled flame combustion (such as occurs in boilers, industrial furnaces, or incinerators); (iii) The secondary materials are never accumulated in such tanks for over twelve months without being reclaimed; (iv) The reclaimed material is not used to produce a fuel, or used to produce products that are used in a manner constituting disposal; and (v)A generator complies with the requirements of chapter 173-303 WAC for any residues (e.g., sludges, filters, etc.) produced from the collection, reclamation, and reuse of the secondary materials. (r) Treatability study samples. (i) Except as provided in (r)(ii) of this subsection, persons who generate or collect samples for the purpose of conducting treatability studies as defined in WAC 173-303-040 are not subject to the requirements of WAC 173-303-180, 173-303-190, and 173-303-200 (1)(a), nor are such samples included in the quantity determinations of WAC 173-303-070 (7) and (8) and 173-303-201 when: (A) The sample is being collected and prepared for transportation by the generator or sample collector; or (B) The sample is being accumulated or stored by the generator or sample collector prior to transportation to a laboratory or testing facility; or (C) The sample is being transported to the laboratory or testing facility for the purpose of conducting a treatability study; or (D) The sample or waste residue is being transported back to the original generator from the laboratory or testing facility. (ii) The exemption in (r)(i) of this subsection is applicable to samples of dangerous waste being collected and shipped for the purpose of conducting treatability studies provided that: (A) The generator or sample collector uses (in "treatability studies") no more than 10,000 kg of media contaminated with nonacute dangerous waste, 1000 kg of nonacute dangerous waste other than contaminated media, 1 kg of acutely hazardous waste, 2500 kg of media contaminated with acutely hazardous waste for each process being evaluated for each generated waste stream; and (B) The mass of each sample shipment does not exceed 10,000 kg; the 10,000 kg quantity may be all media contaminated with nonacute dangerous waste or may include 2500 kg of media contaminated with acute hazardous waste, 1000 kg of dangerous waste, and 1 kg of acutely hazardous waste; and (C) The sample must be packaged so that it will not leak, spill, or vaporize from its packaging during shipment and the requirements of(r)(ii)(C)(I) or (II) of this subsection are met. http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-071 1/10/2017 WAC 173-303-071: Excluded categories of waste. Page 5 of 18 (I) The transportation of each sample shipment complies with United States Department of Transportation (DOT), United States Postal Service (USPS), or any other applicable shipping requirements; or (II) If the DOT, USPS, or other shipping requirements do not apply to the shipment of the sample, the following information must accompany the sample: (AA) The name, mailing address, and telephone number of the originator of the sample; (BB) The name, address, and telephone number of the laboratory or testing facility that will perform the treatability study; (CC) The quantity of the sample; (DD) The date of shipment; and (EE) A description of the sample, including its dangerous waste number. (D) The sample is shipped, within ninety days of being generated or of being taken from a stream of previously generated waste, to a laboratory or testing facility which is exempt under (s) of this subsection or has an appropriate final facility permit or interim status; and (E) The generator or sample collector maintains the following records for a period ending three years after completion of the treatability study: (I) Copies of the shipping documents; (II) A copy of the contract with the facility conducting the treatability study; (III) Documentation showing: (AA) The amount of waste shipped under this exemption; (BB) The name, address, and EPA/state identification number of the laboratory or testing facility that received the waste; (CC) The date the shipment was made; and (DD) Whether or not unused samples and residues were returned to the generator. (F) The generator reports the information required under (r)(ii)(E)(III) of this subsection in its annual report. (iii) The department may grant requests, on a case-by-case basis, for up to an additional two years for treatability studies involving bioremediation. The department may grant requests on a case-by-case basis for quantity limits in excess of those specified in (r)(ii)(A) and (B) of this subsection and (s)(iv) of this subsection, for up to an additional 5000 kg of media contaminated with nonacute dangerous waste, 500 kg of nonacute dangerous waste, 1 kg of acute hazardous waste, and 2500 kg of media contaminated with acute hazardous waste or for up to an additional 10,000 kg of wastes regulated only by this chapter and not regulated by 40 C.F.R. Part 261, to conduct further treatability study evaluation: (A) In response to requests for authorization to ship, store and conduct treatability studies on additional quantities in advance of commencing treatability studies. Factors to be considered in reviewing such requests include the nature of the technology, the type of process, (e.g., batch versus continuous), size of the unit undergoing testing (particularly in relation to scale-up considerations), the time/quantity of material required to reach steady state operating conditions, or test design considerations such as mass balance calculations. (B) In response to requests for authorization to ship, store, and conduct treatability studies on additional quantities after initiation or completion of initial treatability studies, when: There has been an equipment or mechanical failure during the conduct of a treatability study; there is a need to verify the results of previously conducted treatability study; there is a need to study and analyze alternative techniques within a previously evaluated treatment process; or there is a need to do further evaluation of an ongoing treatability study to determine final specifications for treatment. http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-071 1/10/2017 WAC 173-303-071: Excluded categories of waste. Page 6 of 18 (C) The additional quantities and time frames allowed in (r)(iii)(A) and (B) of this subsection are subject to all the provisions in (r)(i) and (r)(ii)(C) through (F) of this subsection. The generator or sample collector must apply to the department where the sample is collected and provide in writing the following information: (I) The reason the generator or sample collector requires additional time or quantity of sample for the treatability study evaluation and the additional time or quantity needed; (II) Documentation accounting for all samples of dangerous waste from the waste stream which have been sent for or undergone treatability studies including the date each previous sample from the waste stream was shipped, the quantity of each previous shipment, the laboratory or testing facility to which it was shipped, what treatability study processes were conducted on each sample shipped, and the available results of each treatability study; (III) A description of the technical modifications or change in specifications which will be evaluated and the expected results; (IV) If such further study is being required due to equipment or mechanical failure, the applicant must include information regarding the reason for the failure or breakdown and also include what procedures or equipment improvements have been made to protect against further breakdowns; and (V) Such other information that the department considers necessary. (s) Samples undergoing treatability studies at laboratories and testing facilities. Samples undergoing treatability studies and the laboratory or testing facility conducting such treatability studies (to the extent such facilities are not otherwise subject to chapter 70.105 RCVV) are not subject to the requirements of this chapter, except WAC 173-303-050, 173-303-145, and 173- 303-960 provided that the conditions of(s)(i) through (xiii) of this subsection are met. A mobile treatment unit (MTU) may qualify as a testing facility subject to (s)(i) through (xiii) of this subsection. Where a group of MTUs are located at the same site, the limitations specified in (s)(i) through (xiii) of this subsection apply to the entire group of MTUs collectively as if the group were one MTU. (i) No less than forty-five days before conducting treatability studies the laboratory or testing facility notifies the department in writing that it intends to conduct treatability studies under this subsection. (ii) The laboratory or testing facility conducting the treatability study has an EPA/state identification number. (iii) No more than a total of 10,000 kg of"as received" media contaminated with nonacute dangerous waste, 2500 kg of media contaminated with acute hazardous waste or 250 kg of other "as received" dangerous waste is subject to initiation of treatment in all treatability studies in any single day. "As received" waste refers to the waste as received in the shipment from the generator or sample collector. (iv) The quantity of"as received" dangerous waste stored at the facility for the purpose of evaluation in treatability studies does not exceed 10,000 kg, the total of which can include 10,000 kg of media contaminated with nonacute dangerous waste, 2500 kg of media contaminated with acute hazardous waste, 1000 kg of nonacute dangerous wastes other than contaminated media, and 1 kg of acutely hazardous waste. This quantity limitation does not include treatment materials (including nondangerous solid waste) added to "as received" dangerous waste. (v) No more than ninety days have elapsed since the treatability study for the sample was completed, or no more than one year (two years for treatability studies involving bioremediation) has elapsed since the generator or sample collector shipped the sample to http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-071 1/10/2017 WAC 173-303-071: Excluded categories of waste. Page 7 of 18 the laboratory or testing facility, whichever date first occurs. Up to 500 kg of treated material from a particular waste stream from treatability studies may be archived for future evaluation up to five years from the date of initial receipt. Quantities of materials archived are counted against the total storage limit for the facility. (vi) The treatability study does not involve the placement of dangerous waste on the land or open burning of dangerous waste. (vii) The laboratory or testing facility maintains records for three years following completion of each study that show compliance with the treatment rate limits and the storage time and quantity limits. The following specific information must be included for each treatability study conducted: (A) The name, address, and EPA/state identification number of the generator or sample collector of each waste sample; (B) The date the shipment was received; (C) The quantity of waste accepted; (D) The quantity of"as received"waste in storage each day; (E) The date the treatment study was initiated and the amount of"as received"waste introduced to treatment each day; (F) The date the treatability study was concluded; (G) The date any unused sample or residues generated from the treatability study were returned to the generator or sample collector or, if sent to a designated TSD facility, the name of the TSD facility and its EPA/state identification number. (viii) The laboratory or testing facility keeps, on-site, a copy of the treatability study contract and all shipping papers associated with the transport of treatability study samples to and from the facility for a period ending three years from the completion date of each treatability study. (ix) The laboratory or testing facility prepares and submits a report to the department by March 15 of each year that estimates the number of studies and the amount of waste expected to be used in treatability studies during the current year, and includes the following information for the previous calendar year: (A) The name, address, and EPA/state identification number of the laboratory or testing facility conducting the treatability studies; (B) The types (by process) of treatability studies conducted; (C) The names and addresses of persons for whom studies have been conducted (including their EPA/state identification numbers); (D) The total quantity of waste in storage each day; (E) The quantity and types of waste subjected to treatability studies; (F) When each treatability study was conducted; (G) The final disposition of residues and unused sample from each treatability study. (x) The laboratory or testing facility determines whether any unused sample or residues generated by the treatability study are dangerous waste under WAC 173-303-070 and if so, are subject to the requirements of this chapter, unless the residues and unused samples are returned to the sample originator under the exemption in (r) of this subsection. (xi) The laboratory or testing facility notifies the department by letter when it is no longer planning to conduct any treatability studies at the site. (xii) The date the sample was received, or if the treatability study has been completed, the date of the treatability study, is marked and clearly visible for inspection on each container. http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-071 1/10/2017 WAC 173-303-071: Excluded categories of waste. Page 8 of 18 (xiii) While being held on site, each container and tank is labeled or marked clearly with the words "dangerous waste" or"hazardous waste." Each container or tank must also be marked with a label or sign which identifies the major risk(s) associated with the waste in the container or tank for employees, emergency response personnel and the public. Note: If there is already a system in use that performs this function in accordance with local, state, or federal regulations, then such system will be adequate. (t) Petroleum-contaminated media and debris that fail the test for the toxicity characteristic of WAC 173-303-090(8) (dangerous waste numbers D018 through D043 only) and are subject to the corrective action regulations under 40 C.F.R. Part 280. (u) Special incinerator ash (as defined in WAC 173-303-040). (v) Wood ash that would designate solely for corrosivity by WAC 173-303-090 (6)(a)(iii). For the purpose of this exclusion, wood ash means ash residue and emission control dust generated from the combustion of untreated wood, wood treated solely with creosote, and untreated wood fiber materials including, but not limited to, wood chips, saw dust, tree stumps, paper, cardboard, residuals from waste fiber recycling, deinking rejects, and associated wastewater treatment solids. This exclusion allows for the use of auxiliary fuels including, but not limited to, oils, gas, coal, and other fossil fuels in the combustion process. (w)(i) Spent wood preserving solutions that have been reclaimed and are reused for their original intended purpose; and (ii) Wastewaters from the wood preserving process that have been reclaimed and are reused to treat wood. (iii) Prior to reuse, the wood preserving wastewaters and spent wood preserving solutions described in (w)(i) and (ii) of this subsection, so long as they meet all of the following conditions: (A) The wood preserving wastewaters and spent wood preserving solutions are reused on- site at water borne plants in the production process for their original intended purpose; (B) Prior to reuse, the wastewaters and spent wood preserving solutions are managed to prevent release to either land or groundwater or both; (C) Any unit used to manage wastewaters and/or spent wood preserving solutions prior to reuse can be visually or otherwise determined to prevent such releases; (D) Any drip pad used to manage the wastewaters and/or spent wood preserving solutions prior to reuse complies with the standards in Part 265, Subpart W which is incorporated by reference at WAC 173-303-400 (3)(a), regardless of whether the plant generates a total of less than 220 pounds/month of dangerous waste; and (E) Prior to operating pursuant to this exclusion, the plant owner or operator submits to the department a one-time notification stating that the plant intends to claim the exclusion, giving the date on which the plant intends to begin operating under the exclusion, and containing the following language: "I have read the applicable regulation establishing an exclusion for wood preserving wastewaters and spent wood preserving solutions and understand it requires me to comply at all times with the conditions set out in the regulation." The plant must maintain a copy of that document in its on-site records for a period of no less than three years from the date specified in the notice. The exclusion applies only so long as the plant meets all of the conditions. If the plant goes out of compliance with any condition, it may apply to the department for reinstatement. The department may reinstate the exclusion upon finding that the plant has returned to compliance with all conditions and that violations are not likely to recur. (F) Additional reports. http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-071 1/10/2017 WAC 173-303-071: Excluded categories of waste. Page 9 of 18 (I) Upon determination by the department that the storage of wood preserving wastewaters and spent wood preserving solutions in tanks and/or containers poses a threat to public health or the environment, the department may require the owner/operator to provide additional information regarding the integrity of structures and equipment used to store wood preserving wastewaters and spent wood preserving solutions. This authority applies to tanks and secondary containment systems used to store wood preserving wastewaters and spent wood preserving solutions in tanks and containers. The department's determination of a threat to public health or the environment may be based upon observations of factors that would contribute to spills or releases of wood preserving wastewaters and spent wood preserving solutions or the generation of hazardous by-products. Such observations may include, but are not limited to, leaks, severe corrosion, structural defects or deterioration (cracks, gaps, separation of joints), inability to completely inspect tanks or structures, or concerns about the age or design specification of tanks. (II) When required by the department, a qualified, independent professional engineer registered to practice in Washington state must perform the assessment of the integrity of tanks or secondary containment systems. (III) Requirement for facility repairs and improvements. If, upon evaluation of information obtained by the department under (w)(iii)(F)(I) of this subsection, it is determined that repairs or structural improvements are necessary in order to eliminate threats, the department may require the owner/operator to discontinue the use of the tank system or container storage unit and remove the wood preserving wastewaters and spent wood preserving solutions until such repairs or improvements are completed and approved by the department. (x) Nonwastewater splash condenser dross residue from the treatment of K061 in high temperature metals recovery units, provided it is shipped in drums (if shipped) and not land disposed before recovery. (y) Used oil filters that are recycled in accordance with WAC 173-303-120, as used oil and scrap metal. (z) Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products. (aa)(i) Wastes that fail the test for the toxicity characteristic in WAC 173-303-090 because chromium is present or are listed in WAC 173-303-081 or 173-303-082 due to the presence of chromium. The waste must not designate for any other characteristic under WAC 173-303- 090, for any of the criteria specified in WAC 173-303-100, and must not be listed in WAC 173- 303-081 or 173-303-082 due to the presence of any constituent from WAC 173-303-9905 other than chromium. The waste generator must be able to demonstrate that: (A) The chromium in the waste is exclusively (or nearly exclusively) trivalent chromium; and (B) The waste is generated from an industrial process that uses trivalent chromium exclusively (or nearly exclusively) and the process does not generate hexavalent chromium; and (C) The waste is typically and frequently managed in nonoxidizing environments. (ii) Specific wastes which meet the standard in (aa)(i)(A), (B), and (C) of this subsection (so long as they do not fail the test for the toxicity characteristic for any other constituent, and do not exhibit any other characteristic) are: (A) Chrome (blue) trimmings generated by the following subcategories of the leather tanning and finishing industry: Hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling. http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-071 1/10/2017 WAC 173-303-071: Excluded categories of waste. Page 10 of 18 (B) Chrome (blue) shavings generated by the following subcategories of the leather tanning and finishing industry: Hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling. (C) Buffing dust generated by the following subcategories of the leather tanning and finishing industry: Hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue. (D) Sewer screenings generated by the following subcategories of the leather tanning and finishing industry: Hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling. (E) Wastewater treatment sludges generated by the following subcategories of the leather tanning and finishing industry: Hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling. (F) Wastewater treatment sludges generated by the following subcategories of the leather tanning and finishing industry: Hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; and through-the-blue. (G) Waste scrap leather from the leather tanning industry, the shoe manufacturing industry, and other leather product manufacturing industries. (H) Wastewater treatment sludges from the production of TiO2 pigment using chromium- bearing ores by the chloride process. (bb)(i) Nonwastewater residues, such as slag, resulting from high temperature metals recovery (HTMR) processing of K061, K062 or F006 waste, in units identified as rotary kilns, flame reactors, electric furnaces, plasma arc furnaces, slag reactors, rotary hearth furnace/electric furnace combinations or industrial furnaces (as defined in WAC 173-303-040 - blast furnaces, smelting, melting and refining furnaces, and other devices the department may add to the list- of the definition for "industrial furnace"), that are disposed in subtitle D units, provided that these residues meet the generic exclusion levels identified in the tables in this paragraph for all constituents, and exhibit no characteristics of dangerous waste. Testing requirements must be incorporated in a facility's waste analysis plan or a generator's self- implementing waste analysis plan; at a minimum, composite samples of residues must be collected and analyzed quarterly and/or when the process or operation generating the waste changes. Persons claiming this exclusion in an enforcement action will have the burden of proving by clear and convincing evidence that the material meets all of the exclusion requirements. Maximum for any single composite sample-TCLP Constituent (mg/I) Generic exclusion levels for K061 and K062 nonwastewater HTMR residues Antimony 0.10 Arsenic 0.50 Barium 7.6 Beryllium 0.010 Cadmium 0.050 Chromium (total) 0.33 http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-071 1/10/2017 WAC 173-303-071: Excluded categories of waste. Page 11 of 18 Maximum for any single composite sample-TCLP Constituent (mg/I) (2)Lead 0.15 Mercury 0.009 Nickel 1.0 Selenium 0.16 Silver 0.30 Thallium 0.020 Zinc 70 Generic exclusion levels for F006 nonwastewater HTMR residues Antimony 0.10 Arsenic 0.50 Barium 7.6 Beryllium 0.010 Cadmium 0.050 Chromium (total) 0.33 Cyanide (total) 1.8 (mg/kg) Lead 0.15 Mercury 0.009 Nickel 1.0 Selenium 0.16 Silver 0.30 Thallium 0.020 Zinc 70 (ii) A one-time notification and certification must be placed in the facility's files and sent to the department for K061, K062 or F006 HTMR residues that meet the generic exclusion levels for all constituents and do not exhibit any characteristics that are sent to subtitle D units. The notification and certification that is placed in the generator's or treater's files must be updated if the process or operation generating the waste changes and/or if the subtitle D unit receiving the waste changes. However, the generator or treater need only notify the department on an annual basis if such changes occur. Such notification and certification should be sent to the department by the end of the calendar year, but no later than December 31. The notification must include the following information: The name and address of the subtitle D unit receiving the waste shipments; the dangerous waste number(s) and treatability group(s) at the initial point of generation; and, the treatment standards applicable to the waste at the initial point of generation. The certification must be signed by an authorized representative and must state as follows: "I certify under penalty of law that the generic exclusion levels for all constituents http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-071 1/10/2017 WAC 173-303-071: Excluded categories of waste. Page 12 of 18 have been met without impermissible dilution and that no characteristic of dangerous waste is exhibited. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment." These wastes are not excluded if they exhibit one or more of the dangerous waste characteristics (WAC 173-303-090) or criteria (WAC 173-303-100). (cc)(i) Oil-bearing hazardous secondary materials (that is, sludges, by-products, or spent materials) that are generated at a petroleum refinery (NAICS code 324110) and are inserted into the petroleum refining process (NAICS code 324110 - Including, but not limited to, distillation, catalytic cracking, fractionation, or thermal cracking units (that is, cokers)) unless the material is placed on the land, or speculatively accumulated before being so recycled. Materials inserted into thermal cracking units are excluded under this paragraph: Provided that the coke product also does not exhibit a characteristic of hazardous waste. Oil-bearing hazardous secondary materials may be inserted into the same petroleum refinery where they are generated, or sent directly to another petroleum refinery, and still be excluded under this provision. Except as provided in (cc)(ii) of this subsection, oil-bearing hazardous secondary materials generated elsewhere in the petroleum industry (that is, from sources other than petroleum refineries) are not excluded under this section. Residuals generated from processing or recycling materials excluded under this paragraph, where such materials as generated would have otherwise met a listing under WAC 173-303-081 and 173-303-082, are designated as F037 listed wastes when disposed of or intended for disposal. (ii) Recovered oil that is recycled in the same manner and with the same conditions as described in (cc)(i) of this subsection. Recovered oil is oil that has been reclaimed from secondary materials (including wastewater) generated from normal petroleum industry practices, including refining, exploration and production, bulk storage, and transportation incident thereto (NAICS codes 211111, 211112, 213111, 213112, 541360, 237120, 238910, 324110, 486110, 486910, 486210, 221210, 488210, 488999, 424710, 454311, 454312, 424720, 425120). Recovered oil does not include oil-bearing hazardous wastes listed in WAC 173-303-081 and 173-303-082; however, oil recovered from such wastes may be considered recovered oil. Recovered oil does not include used oil as defined in WAC 173-303-040. (dd) Dangerous waste Nos. K060, K087, K141, K142, K143, K144, K145, K147, and K148, and any wastes from the coke by-products processes that are dangerous only because they exhibit the toxicity characteristic (TC) specified in WAC 173-303-090(8) when, subsequent to generation, these materials are recycled to coke ovens, to the tar recovery process as a feedstock to produce coal tar, or mixed with coal tar prior to the tar's sale or refining. This exclusion is conditioned on there being no land disposal of the wastes from the point they are generated to the point they are recycled to coke ovens or tar recovery or refining processes, or mixed with coal tar. (ee) Biological treatment sludge from the treatment of one of the following wastes listed in WAC 173-303-9904 - organic waste (including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates) from the production of carbamates and carbamoyl oximes (Dangerous Waste No. K156), and wastewaters from the production of carbamates and carbamoyl oximes (Dangerous Waste No. K157) unless it exhibits one or more of the characteristics or criteria of dangerous waste. (ff) Excluded scrap metal (processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal) being recycled. (gg) Shredded circuit boards being recycled: Provided, That they are: http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-071 1/10/2017 WAC 173-303-071: Excluded categories of waste. Page 13 of 18 (i) Stored in containers sufficient to prevent a release to the environment prior to recovery; and (ii) Free of mercury switches, mercury relays and nickel-cadmium batteries and lithium batteries. (hh) Petrochemical recovered oil from an associated organic chemical manufacturing facility, where the oil is to be inserted into the petroleum refining process (NAICS code 324110) along with normal petroleum refinery process streams, provided: (i) The oil is hazardous only because it exhibits the characteristic of ignitability (as defined in WAC 173-303-090(5) and/or toxicity for benzene (WAC 173-303-090(8), waste code D018); and (ii) The oil generated by the organic chemical manufacturing facility is not placed on the land, or speculatively accumulated before being recycled into the petroleum refining process. An "associated organic chemical manufacturing facility" is a facility where the primary NAICS code is 325110, 325120, 325188, 325192, 325193, or 325199, but where operations may also include NAICS codes 325211, 325212, 325110, 325132, 325192; and is physically colocated with a petroleum refinery; and where the petroleum refinery to which the oil being recycled is returned also provides hydrocarbon feedstocks to the organic chemical manufacturing facility. "Petrochemical recovered oil" is oil that has been reclaimed from secondary materials (that is, sludges, by-products, or spent materials, including wastewater) from normal organic chemical manufacturing operations, as well as oil recovered from organic chemical manufacturing processes. (ii) Spent caustic solutions from petroleum refining liquid treating processes used as a feedstock to produce cresylic or naphthenic acid unless the material is placed on the land, or accumulated speculatively as defined in WAC 173-303-016(5). (jj) Catalyst inert support media separated from one of the following wastes listed in WAC 173-303-9904 Specific Sources - Spent hydrotreating catalyst (EPA Hazardous Waste No. K171), and Spent hydrorefining catalyst (EPA Hazardous Waste No. K172). These wastes are not excluded if they exhibit one or more of the dangerous waste characteristics or criteria. (kk) Leachate or gas condensate collected from landfills where certain solid wastes have been disposed: Provided, That: (i) The solid wastes disposed would meet one or more of the listing descriptions for Hazardous Waste Codes K169, K170, K171, K172, K174, K175, K176, K177, K178, and K181 if these wastes had been generated after the effective date of the listing; (ii) The solid wastes described in (kk)(i) of this subsection were disposed prior to the effective date of the listing; (iii) The leachate or gas condensate do not exhibit any characteristic or criteria of dangerous waste nor are derived from any other listed hazardous waste; (iv) Discharge of the leachate or gas condensate, including leachate or gas condensate transferred from the landfill to a POTW by truck, rail, or dedicated pipe, is subject to regulation under sections 307(b) or 402 of the Clean Water Act. (v) As of February 13, 2001, leachate or gas condensate derived from K169 - K172 is no longer exempt if it is stored or managed in a surface impoundment prior to discharge. As of November 21, 2003, leachate or gas condensate derived from K176, K177, and K178 is no longer exempt if it is stored or managed in a surface impoundment prior to discharge. After February 26, 2007, leachate or gas condensate derived from K181 will no longer be exempt if it is stored or managed in a surface impoundment prior to discharge. There is one exception: If the surface impoundment is used to temporarily store leachate or gas condensate in http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-071 1/10/2017 WAC 173-303-071: Excluded categories of waste. Page 14 of 18 response to an emergency situation (for example, shutdown of wastewater treatment system): Provided, That the impoundment has a double liner, and: Provided further, That the leachate or gas condensate is removed from the impoundment and continues to be managed in compliance with the conditions of this paragraph after the emergency ends. (II) Dredged material. Dredged material as defined in 40 C.F.R. 232.2 that is subject to: (i) The requirements of a permit that has been issued by the U.S. Army Corps of Engineers or an approved state under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344); (ii) The requirements of a permit that has been issued by the U.S. Army Corps of Engineers under section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413); or (iii) In the case of a U.S. Army Corps of Engineers civil works project, the administrative equivalent of the permits referred to in (11)(i) and (ii) of this subsection, as provided for in U.S. Army Corps of Engineers regulations, including, for example, 33 C.F.R. 336.1, 336.2 and 337.3. (mm) Condensates derived from the overhead gases from kraft mill steam strippers that are used to comply with 40 C.F.R. 63.446(e). The exemption applies only to combustion at the mill generating the condensates. (nn)(i) Controlled substances, legend drugs, and over-the-counter drugs that are state-only dangerous wastes. (A) Controlled substances as defined and regulated by chapter 69.50 RCW (Schedule I through V); (B) Legend drugs as defined and regulated by chapter 69.41 RCW; and (C) Over-the-counter drugs as defined and regulated by chapter 69.60 RCW. (ii) Controlled substances, legend drugs, and over-the-counter drugs that are held in the custody of law enforcement agencies or possessed by any licensee as defined and regulated by chapter 69.50 RCW or Title 18 RCW and authorized to possess drugs within the state of Washington are excluded, provided the drugs are disposed of by incineration in a controlled combustion unit with a heat input rate greater than 250 million British thermal units/hour, a combustion zone temperature greater than 1500 degrees Fahrenheit, or a facility permitted to incinerate municipal solid waste. (iii) For the purposes of this exclusion the term "drugs" means: (A) Articles recognized in the official United States pharmacopoeia or the official homeopathic pharmacopoeia of the United States; (B) Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; or (C) Substances (other than food) intended to affect the structure or any function of the body of man or other animals, as defined in RCW 18.64.011(3). (Note: RCW 18.64.011 (3)(d) is intentionally not included in the definition of drugs for this exclusion.) (iv) When possessed by any licensee the term drugs used in this exclusion means finished drug products. (oo) Cathode ray tubes (CRTs) and glass removed from CRTs: (i) Prior to processing: These materials are not solid wastes if they are destined for recycling and if they meet the following requirements: (A) Storage. CRTs must be either: (I) Stored in a building with a roof, floor, and walls; or http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-071 1/10/2017 WAC 173-303-071: Excluded categories of waste. Page 15 of 18 (II) Placed in a container (that is, a package or a vehicle) that is constructed, filled, and closed to minimize releases to the environment of CRT glass (including fine solid materials). (B) Labeling. Each container in which the CRT is contained must be labeled or marked clearly with one of the following phrases: "Used cathode ray tube(s) - contains leaded glass" or "leaded glass from televisions or computers." It must also be labeled: "Do not mix with other glass materials." (C) Transportation. CRTs must be transported in a container meeting the requirements of (oo)(i)(A)(II) and (B) of this subsection. (D) Speculative accumulation and use constituting disposal. CRTs are subject to the limitations on speculative accumulation as defined in WAC 173-303-016 (5)(d). If they are used in a manner constituting disposal, they must comply with the applicable requirements of WAC 173-303-505 instead of the requirements of this section. (E) Exports. In addition to the applicable conditions specified in (oo)(i)(A) through (D) of this subsection, exporters of CRTs must comply with the following requirements: (I) Notify EPA of an intended export before the CRTs are scheduled to leave the United States. A complete notification should be submitted sixty days before the initial shipment is intended to be shipped off-site. This notification may cover export activities extending over a twelve-month or lesser period. The notification must be in writing, signed by the exporter, and include the following information: • Name, mailing address, telephone number and EPA/state ID number (if applicable) of the exporter of the CRTs. • The estimated frequency or rate at which the CRTs are to be exported and the period of time over which they are to be exported. • The estimated total quantity of CRTs specified in kilograms. • All points of entry to and departure from each foreign country through which the CRTs will pass. •A description of the means by which each shipment of the CRTs will be transported (for example, mode of transportation vehicle (air, highway, rail, water, etc.), type(s) of container (drums, boxes, tanks, etc.)). • The name and address of the recycler and any alternate recycler. • A description of the manner in which the CRTs will be recycled in the foreign country that will be receiving the CRTs. • The name of any transit country through which the CRTs will be sent and a description of the approximate length of time the CRTs will remain in such country and the nature of their handling while there. (II) Notifications submitted by mail should be sent to the following mailing address: Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division, (Mail Code 2254A), Environmental Protection Agency, 1200 Pennsylvania Ave., N.W., Washington, D.C. 20460. Hand-delivered notifications should be sent to: Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division, (Mail Code 2254A), Environmental Protection Agency, Ariel Rios Bldg., Room 6144, 1200 Pennsylvania Ave., N.W., Washington, D.C. In both cases, the following must be prominently displayed on the front of the envelope: "Attention: Notification of intent to export CRTs." (III) Upon request by EPA, the exporter must furnish to EPA any additional information which a receiving country requests in order to respond to a notification. http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-071 1/10/2017 WAC 173-303-071: Excluded categories of waste. Page 16 of 18 (IV) EPA will provide a complete notification to the receiving country and any transit countries. A notification is complete when EPA receives a notification which EPA determines satisfies the requirements of (oo)(i)(E)(I) of this subsection. Where a claim of confidentiality is asserted with respect to any notification information required by (oo)(i)(E)(I) of this subsection, EPA may find the notification not complete until any such claim is resolved in accordance with 40 C.F.R. 260.2. (V) The export of CRTs is prohibited unless the receiving country consents to the intended export. When the receiving country consents in writing to the receipt of the CRTs, EPA will forward an "Acknowledgment of Consent"to export CRTs to the exporter. Where the receiving country objects to receipt of the CRTs or withdraws a prior consent, EPA will notify the exporter in writing. EPA will also notify the exporter of any responses from transit countries. (VI) When the conditions specified on the original notification change, the exporter must provide EPA with a written renotification of the change, except for changes to the telephone number in (oo)(i)(E)(I)(first bullet) of this subsection and decreases in the quantity indicated pursuant to (oo)(i)(E)(I)(third bullet) of this subsection. The shipment cannot take place until consent of the receiving country to the changes has been obtained (except for changes to information about points of entry and departure and transit countries pursuant to (oo)(i)(E)(I) (fourth bullet) and (i)(E)(I)(eighth bullet) of this section) and the exporter of CRTs receives from EPA a copy of the "Acknowledgment of Consent" to export CRTs reflecting the receiving country's consent to the changes. (VII) A copy of the "Acknowledgment of Consent" to export CRTs must accompany the shipment of CRTs. The shipment must conform to the terms of the Acknowledgment. (VIII) If a shipment of CRTs cannot be delivered for any reason to the recycler or the alternate recycler, the exporter of CRTs must renotify EPA of a change in the conditions of the original notification to allow shipment to a new recycler in accordance with (oo)(i)(E)(VI) of this subsection and obtain another"Acknowledgment of Consent" to export CRTs. (IX) Exporters must keep copies of notifications and "Acknowledgments of Consent"to export CRTs for a period of five years following receipt of the "Acknowledgment." (ii) Requirements for used CRT processing: CRTs undergoing CRT processing as defined in WAC 173-303-040 are not solid wastes if they meet the following requirements: (A) Storage. CRTs undergoing processing are subject to the requirement of(oo)(i)(D) of this subsection. (B) Processing. (I) All activities specified in the second and third bullets of the definition of"CRT processing" in WAC 173-303-040 must be performed within a building with a roof, floor, and walls; and (II) No activities may be performed that use temperatures high enough to volatilize lead from CRTs. (iii) Processed CRT glass sent to CRT glass making or lead smelting: Glass from CRTs that is destined for recycling at a CRT glass manufacturer or a lead smelter after processing is not a solid waste unless it is speculatively accumulated as defined in WAC 173-303-016 (5) (d). (iv) Use constituting disposal: Glass from used CRTs that is used in a manner constituting disposal must comply with the requirements of WAC 173-303-505. (v) Notification and recordkeeping for cathode ray tubes (CRTs) exported for reuse. (A) Persons who export CRTs for reuse must send a one-time notification to the U.S. EPA Regional Administrator. The notification must include a statement that the notifier plans to http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-071 1/10/2017 • WAC 173-303-071: Excluded categories of waste. Page 17 of 18 export CRTs for reuse, the notifier's name, address, and EPA/state ID number (if applicable) and the name and phone number of a contact person. (B) Persons who export CRTs for reuse must keep copies of normal business records, such as contracts, demonstrating that each shipment of exported CRTs will be reused. This documentation must be retained for a period of at least five years from the date the CRTs were exported. (pp) Zinc fertilizers made from hazardous wastes provided that: (i) The fertilizers meet the following contaminant limits: (A) For metal contaminants: Maximum Allowable Total Concentration Constituent in Fertilizer, per Unit(1%) of Zinc (ppm) Arsenic. . . . 0.3 Cadmium. . . . 1.4 Chromium. . . . 0.6 Lead. . . . 2.8 Mercury. . . . 0.3 (B) For dioxin contaminants the fertilizer must contain no more than eight parts per trillion of dioxin, measured as toxic equivalent (TEQ). (ii) The manufacturer performs sampling and analysis of the fertilizer product to determine compliance with the contaminant limits for metals no less than every six months, and for dioxins no less than every twelve months. Testing must also be performed whenever changes occur to manufacturing processes or ingredients that could significantly affect the amounts of contaminants in the fertilizer product. The manufacturer may use any reliable analytical method to demonstrate that no constituent of concern is present in the product at concentrations above the applicable limits. It is the responsibility of the manufacturer to ensure that the sampling and analysis are unbiased, precise, and representative of the product(s) introduced into commerce. (iii) The manufacturer maintains for no less than three years records of all sampling and analyses performed for purposes of determining compliance with the requirements of(pp)(ii) of this subsection. Such records must at a minimum include: (A) The dates and times product samples were taken, and the dates the samples were analyzed; (B) The names and qualifications of the person(s) taking the samples; (C) A description of the methods and equipment used to take the samples; (D) The name and address of the laboratory facility at which analyses of the samples were performed; (E) A description of the analytical methods used, including any cleanup and sample preparation methods; and (F) All laboratory analytical results used to determine compliance with the contaminant limits specified in this subsection (3)(pp). (qq) Debris. Provided the debris does not exhibit a characteristic identified in WAC 173- 303-090, the following materials are not subject to regulation under this chapter: (i) Hazardous debris that has been treated using one of the required extraction or destruction technologies specified in Table 1 of 40 C.F.R. section 268.45, which is incorporated by reference at WAC 173-303-140 (2)(a); persons claiming this exclusion in an http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-071 1/10/2017 1 WAC 173-303-071: Excluded categories of waste. Page 18 of 18 enforcement action will have the burden of proving by clear and convincing evidence that the material meets all of the exclusion requirements; or (ii) Debris that the department, considering the extent of contamination, has determined is no longer contaminated with hazardous waste. [Statutory Authority: Chapter 70.105 RCW. WSR 15-01-123 (Order 13-07), § 173-303-071, filed 12/18/14, effective 1/18/15. Statutory Authority: Chapters 70.105 and 70,105D RCW. WSR 09-14-105 (Order 07-12), § 173-303-071, filed 6/30/09, effective 7/31/09. Statutory Authority: Chapters 70.95N, 70.105, and 70.105D RCW. WSR 07-21-013 (Order 07-05), § 173-303-071, filed 10/5/07, effective 11/5/07. Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW 70.105.007. WSR 04-24-065 (Order 03-10), § 173-303-071, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW. WSR 03- 07-049 (Order 02-03), § 173-303-071, filed 3/13/03, effective 4/13/03. Statutory Authority: Chapters 70.105, 70.105D, 15.54 RCW and RCW 70.105.007. WSR 00-11-040 (Order 99-01), § 173-303-071, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. WSR 98-03-018, (Order 97-03), § 173-303-071, filed 1/12/98, effective 2/12/98; WSR 95-22-008 (Order 94-30), § 173-303-071, filed 10/19/95, effective 11/19/95; WSR 94-12-018 (Order 93-34), § 173-303-071, filed 5/23/94, effective 6/23/94; WSR 94-01- 060 (Order 92-33), § 173-303-071, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapters 70.105 and 70.105D RCW, 40 C.F.R. Part 271.3 and RCRA § 3006 (42 U.S.C. 3251). WSR 91-07-005 (Order 90-42), § 173-303-071, filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. WSR 89-02-059 (Order 88-24), § 173-303-071, filed 1/4/89; WSR 87-14-029 (Order DE-87-4), § 173-303-071, filed 6/26/87; WSR 86-12-057 (Order DE- 85-10), § 173-303-071, filed 6/3/86; WSR 85-09-042 (Order DE-85-02), § 173-303-071, filed 4/15/85; WSR 84-09-088 (Order DE 83-36), § 173-303-071, filed 4/18/84. Statutory Authority: RCW 70.95.260 and chapter 70.105 RCW. WSR 82-05-023 (Order DE 81-33), § 173-303- 071, filed 2/10/82.] http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-071 1/10/2017 WAC 173-303-090: Dangerous waste characteristics. Page 1 of 6 WAC 173-303-090 Dangerous waste characteristics. (1) Purpose. The purpose of this section is to set forth characteristics which a solid waste might exhibit and which would cause that waste to be a dangerous waste. (2) Representative samples. The department will consider a sample obtained using any of the applicable sampling methods described in WAC 173-303-110(2), sampling and testing methods, to be a representative sample. (3) Equivalent test methods. The testing methods specified in this section are the only acceptable methods, unless the department approves an equivalent test method in accordance with WAC 173-303-910(2). (4) Quantity exclusion limit. A solid waste is a dangerous waste if it exhibits one or more of the dangerous waste characteristics described in subsections (5), (6), (7), and (8) of this section. If a person's solid waste exhibits one or more of these characteristics, then he or she is a dangerous waste generator (and may not be considered a small quantity generator as provided in WAC 173-303-070(8)) if the quantity of their waste exceeds 220 lbs. (100 kg) per month or per batch. (5) Characteristic of ignitability. (a) A solid waste exhibits the characteristic of ignitability if a representative sample of the waste has any of the following properties: (i) It is a liquid, other than an aqueous solution containing less than 24 percent alcohol by volume, and has a flash point less than 60 degrees C (140 degrees F), as determined by a Pensky-Martens Closed Cup Tester, using the test method specified in ASTM Standard D93- 06, or a Setaflash Closed Cup Tester, using the test method specified in ASTM Standard D3278-96 (2004)e1 as incorporated by reference at WAC 173-303-110 (3)(h)(v) and (vi); (ii) It is not a liquid and is capable, under standard temperature and pressure, of causing fire through friction, absorption of moisture or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a hazard; (iii) It is an ignitable compressed gas. (A) The term "compressed gas" applies to any material or mixture having in the container an absolute pressure exceeding 40 p.s.i. at 70 degrees F or, regardless of the pressure at 70 degrees F, having an absolute pressure exceeding 104 p.s.i. at 130 degrees F; or any liquid flammable material having a vapor pressure exceeding 40 p.s.i. absolute at 100 degrees F as determined by ASTM Test D-323. (B) A compressed gas must be characterized as ignitable if any one of the following occurs: (I) Either a mixture of 13 percent or less (by volume) with air forms a flammable mixture or the flammable range with air is wider than 12 percent regardless of the lower limit. These limits must be determined at atmospheric temperature and pressure. The method of sampling and test procedure must be acceptable to the Bureau of Explosives and approved by the director, Pipeline and Hazardous Materials Technology, U.S. Department of Transportation (see Note 2). (II) Using the Bureau of Explosives' Flame Projection Apparatus (see Note 1), the flame projects more than 18 inches beyond the ignition source with valve opened fully, or the flame flashes back and burns at the valve with any degree of valve opening. http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-090 1/10/2017 WAC 173-303-090: Dangerous waste characteristics. Page 2 of 6 (Ill) Using the Bureau of Explosives' Open Drum Apparatus (see Note 1), there is any significant propagation of flame away from the ignition source. (IV) Using the Bureau of Explosives' Closed Drum Apparatus (see Note 1), there is any explosion of the vapor-air mixture in the drum; or, (iv) It is an oxidizer. An oxidizer for the purpose of this subsection is a substance such as a chlorate, permanganate, inorganic peroxide, or a nitrate, that yields oxygen readily to stimulate the combustion of organic matter (see Note 4). An organic compound containing the bivalent -0-0-structure and which may be considered a derivative of hydrogen peroxide where one or more of the hydrogen atoms have been replaced by organic radicals must be classed as an organic peroxide unless: (A) It is a forbidden explosive as defined in 49 C.F.R. 173.54, or a Class 1 explosive, Division 1.1, Division 1.2, Division 1.3, and Division 1.5, as defined in 49 C.F.R. 173.50, in which case it must be classed as an explosive; (B) The material is forbidden to be offered for transportation according to 49 C.F.R. 172.101 and 49 C.F.R. 173.21; (C) It is determined that the predominant hazard of the material containing an organic peroxide is other than that of an organic peroxide; or (D) According to data on file with the Pipeline and Hazardous Materials Safety Administration in the U.S. Department of Transportation (see Note 3), it has been determined that the material does not present a hazard in transportation. Note 1: A description of the Bureau of Explosives' Flame Projection Apparatus, Open Drum Apparatus, Closed Drum Apparatus, and method of tests may be procured from the Bureau of Explosives. Note 2: As part of a U.S. Department of Transportation (DOT) reorganization, the Office of Hazardous Materials Technology (OHMT), which was the office listed in the 1980 publication of 49 C.F.R. 173.300 for the purposes of approving sampling and test procedures for a flammable gas, ceased operations on February 20, 2005. OHMT programs have moved to the Pipeline and Hazardous Materials Safety Administration (PHMSA) in the DOT. Note 3: As part of a U.S. Department of Transportation (DOT) reorganization, the Research and Special Programs Administration (RSPA), which was the office listed in the 1980 publication of 49 C.F.R. 173.151a for the purposes of determining that a material does not present a hazard in transport, ceased operations on February 20, 2005. RSPA programs have moved to the Pipeline and Hazardous Materials Safety Administration (PHMSA) in the DOT. Note 4: The DOT regulatory definition of an oxidizer was contained in Sec. 173.151 of 49 C.F.R., and the definition of an organic peroxide was contained in paragraph 173.151a. An organic peroxide is a type of oxidizer. (b) A solid waste that exhibits the characteristic of ignitability must be designated DW, and assigned the dangerous waste number of D001. (6) Characteristic of corrosivity. (a) A solid waste exhibits the characteristic of corrosivity if a representative sample of the waste has any one or more of the following properties: (i) It is aqueous and has a pH less than or equal to 2, or greater than or equal to 12.5, as determined by a pH meter using Method 9040C in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as incorporated by reference in WAC 173-303-110 (3)(a); http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-090 1/10/2017 WAC 173-303-090: Dangerous waste characteristics. Page 3 of 6 (ii) It is liquid and corrodes steel (SAE 1020) at a rate greater than 0.250 inch (6.35 mm) per year at a test temperature of 55 degrees C (130 degrees F) as determined by the test method specified in NACE (National Association of Corrosion Engineers) Standard TM0169- 2000 as standardized in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," (Method 1110A) EPA Publication SW-846, as incorporated by reference in WAC 173-303-110 (3)(a); or (iii) It is solid or semisolid which, upon testing using Method 9045D in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" (SW 846), results in a pH less than or equal to 2, or greater than or equal to 12.5. (b) A solid waste that exhibits the characteristic of corrosivity because: (i) It has either of the properties described in (a)(i) or (ii) of this subsection will be designated DW, and assigned the dangerous waste number of D002; (ii) It only has the property described in (a)(iii) of this subsection will be designated DW, and assigned the dangerous waste number of WSC2. (7) Characteristic of reactivity. (a) A solid waste exhibits the characteristic of reactivity if a representative sample of the waste has any of the following properties: (i) It is normally unstable and readily undergoes violent change without detonating; (ii) It reacts violently with water; (iii) It forms potentially explosive mixtures with water; (iv) When mixed with water, it generates toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment; (v) It is a cyanide or sulfide bearing waste which, when exposed to pH conditions between 2 and 12.5 can generate toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment; (vi) It is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated under confinement; (vii) It is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure; or (viii) It is a forbidden explosive as defined in 49 C.F.R. 173.54, or a Class 1 explosive, Division 1.1, Division 1.2, Division 1.3, and Division 1.5, as defined in 49 C.F.R. 173.50 and 173.53. (b) A solid waste that exhibits the characteristic of reactivity must be designated DW, and assigned the dangerous waste number of D003. (8) Toxicity characteristic. (a) A solid waste exhibits the characteristic of toxicity if, using the Toxicity Characteristic Leaching Procedure (TCLP), test Method 1311 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as incorporated by reference in WAC 173-303-110 (3)(a), the extract from a representative sample of the waste contains any of the contaminants listed in the toxicity characteristic list in (c) of this subsection, at concentrations equal to or greater than the respective value given in the list. When the waste contains less than 0.5 percent filterable solids, the waste itself, after filtering using the methodology outlined in Method 1311, is considered to be the extract for the purpose of this subsection. (b) A solid waste that exhibits the toxicity characteristic has the dangerous waste number specified in the list which corresponds to the toxic contaminant causing it to be dangerous. (c) Toxicity characteristic list. Any waste that contains contaminants which occur at concentrations at or above the DW threshold must be designated DW. http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-090 1/10/2017 WAC 173-303-090: Dangerous waste characteristics. Page 4 of 6 TOXICITY CHARACTERISTICS LIST: Maximum Concentration of Contaminants for the Toxicity Characteristic (Chemical Dangerous Abstracts Waste Services DW Number Contaminant #) (mg/L) D004 Arsenic (7440- 5.0 38-2) D005 Barium (7440- 100.0 39-3) D018 Benzene (71-43-2) 0.5 D006 Cadmium (7440- 1.0 43-9) D019 Carbon tetrachloride (56-23-5) 0.5 D020 Chlordane (57-74-9) 0.03 D021 Chlorobenzene (108-90-7) 100.0 D022 Chloroform (67-66-3) 6.0 D007 Chromium (7440- 5.0 47-3) D023 o-Cresol (95-48-7) /1/ 200.0 D024 m-Cresol (108-39-4) /1/ 200.0 D025 p-Cresol (106-44-5) /1/ 200.0 D026 Cresol /1/ 200.0 D016 2,4-D (94-75-7) 10.0 D027 1,4-Dichlorobenzene (106-46-7) 7.5 D028 1,2-Dichloroethane (107-06-2) 0.5 D029 1,1-Dichloroethylene (75-35-4) 0.7 D030 2,4-Dinitrotoluene (121-14-2) /2/ 0.13 D012 Endrin (72-20-8) 0.02 D031 Heptachlor (and its (76-44-8) 0.008 epoxide) D032 Hexachlorobenzene (118-74-1) /2/ 0.13 D033 Hexachlorobutadiene(87-68-3) 0.5 D034 Hexachloroethane (67-72-1) 3.0 http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-090 1/10/2017 WAC 173-303-090: Dangerous waste characteristics. Page 5 of 6 (Chemical Dangerous Abstracts Waste Services DW Number Contaminant #) (mg/L) D008 Lead (7439- 5.0 92-1) D013 Lindane (58-89-9) 0.4 D009 Mercury (7439- 0.2 97-6) D014 Methoxychlor (72-43-5) 10.0 D035 Methyl ethyl ketone (78-93-3) 200.0 D036 Nitrobenzene (98-95-3) 2.0 D037 Pentachlorophenol (87-86-5) 100.0 D038 Pyridine (110-86-1) /2/ 5.0 D010 Selenium (7782- 1.0 49-2) D011 Silver (7440- 5.0 22-4) D039 Tetrachloroethylene (127-18-4) 0.7 D015 Toxaphene (8001- 0.5 35-2) D040 Trichloroethylene (79-01-6) 0.5 D041 2,4,5-Trichlorophenol(95-95-4) 400.0 D042 2,4,6-Trichlorophenol(88-06-2) 2.0 D017 2,4,5-TP (Silvex) (93-72-1) 1.0 D043 Vinyl chloride (75-01-4) 0.2 /1/ If 0-, m-, and p-Cresol concentrations cannot be differentiated, the total cresol (D026) concentration is used. /2/ At the time the TC rule was adopted, the quantitation limit was greater than the calculated regulatory level. The quantitation limit therefore became the regulatory level. [Statutory Authority: Chapter 70.105 RCW. WSR 15-01-123 (Order 13-07), § 173-303-090, filed 12/18/14, effective 1/18/15. Statutory Authority: Chapters 70.105 and 70.105D RCW. WSR 09-14-105 (Order 07-12), § 173-303-090, filed 6/30/09, effective 7/31/09. Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW 70.105,007. WSR 04-24-065 (Order 03-10), § 173-303-090, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW. WSR 98-03-018 (Order 97-03), § 173-303-090, filed 1/12/98, effective 2/12/98; WSR 95-22-008 (Order 94-30), § 173-303-090, filed 10/19/95, effective 11/19/95; WSR 94-01-060 (Order 92-33), § 173-303-090, filed 12/8/93, effective 1/8/94. http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-090 1/10/2017 WAC 173-303-090: Dangerous waste characteristics. Page 6 of 6 Statutory Authority: Chapters 70.105 and 70.105D RCW, 40 C.F.R. Part 271.3 and RCRA § 3006 (42 U.S.C. 3251). WSR 91-07-005 (Order 90-42), § 173-303-090, filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. WSR 87-14-029 (Order DE-87-4), § 173- 303-090, filed 6/26/87; WSR 86-12-057 (Order DE-85-10), § 173-303-090, filed 6/3/86; WSR 84-14-031 (Order DE 84-22), § 173-303-090, filed 6/27/84. Statutory Authority: RCW 70.95.260 and chapter 70.105 RCW. WSR 82-05-023 (Order DE 81-33), § 173-303-090, filed 2/10/82.] http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-090 1/10/2017 WAC 173-303-100: Dangerous waste criteria. Page 1 of 5 WAC 173-303-100 Dangerous waste criteria. (1) Purpose. The purpose of this section is to describe methods for determining if a solid waste is a dangerous waste by the criteria set forth in this section. The dangerous waste criteria consist of: (a) Toxic dangerous wastes; and (b) Persistent dangerous wastes. (2) References. The following toxicity data sources are adopted by reference: (a) The National Institute for Occupational Safety and Health's (NIOSH) Registry of Toxic Effects of Chemical Substances (RTECS), Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. (b) The United States Environmental Protection Agency, Ecotoxicology Database (ECOTOX), Mid-Continent Ecology Division, 6201 Congdon Boulevard, Duluth, MN 55804. (c) The United States National Library of Medicine Toxicology Data Network, Hazardous Substance Database (HSDB), 8600 Rockville Pike, Bethesda, MD 20894. (3) A person must use data that are available to him or her, and, when such data are inadequate for the purposes of this section, must refer to the references identified in WAC 173-303-100(2) to determine: (a) Toxicity data or toxic category for each known constituent in the waste; (b) Whether or not each known constituent of the waste is a halogenated organic compound or a polycyclic aromatic hydrocarbon as defined in WAC 173-303-040. (4) Quantity exclusion limit. A solid waste is a dangerous waste if it meets one or more of the dangerous waste criteria described in subsections (5) and (6) of this section. If a person's solid waste meets one or more of these criteria then he or she is a dangerous waste generator (and may not be considered a small quantity generator as provided in WAC 173-303-070(8)) if the quantity of the waste exceeds the following quantity exclusion limits: (a) For toxic dangerous wastes designated as EHW(WT01), the quantity exclusion limit is 2.2 lbs. per month. (b) For all other wastes designating under this section the quantity exclusion limit is 220 lbs. (100 kg) per month or per batch. (5) Toxicity criteria. Except as provided in WAC 173-303-070 (4) or (5), a person must determine if a solid waste meets the toxicity criteria under this section by following either the instructions for book designation, when his knowledge of the waste is sufficient, or by testing the waste using the biological testing methods adopted under WAC 173-303-110(3). (a) Except as provided in WAC 173-303-070(4), if a person knows only some of the toxic constituents in the waste or only some of the constituent concentrations, and if the waste is undesignated for those known constituents or concentrations, then the waste is not designated for toxicity under this subsection. (b) Book designation procedure. A person may determine if a waste meets the toxicity criteria by following the book designation instructions as follows: (i) A person must determine the toxic category for each known constituent. The toxic category for each constituent may be determined from available data, for example, Registry for Toxic Effects of Chemical Substances (RTECS), Hazardous Substances Data Bank (HSDB), and Ecotoxicology database (ECOTOX). The toxic category should then be identified, using the table below. If data are available for more than one test endpoint (that is, http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-100 1/10/2017 WAC 173-303-100: Dangerous waste criteria. Page 2 of 5 fish, oral rat, inhalation rat, or dermal rabbit), the value with the highest toxicity must be used. Similarly, if toxicity data do not agree on the same toxic category within the same test endpoint, the value with the highest toxicity must be used.a Finally, if toxicity data for a constituent cannot be found in reasonably available sources (for example, RTECS, HSDB or ECOTOX), the toxic category for that constituent need not be determined. TOXIC CATEGORY TABLE Inhalation Dermal Fish Oral Rat Rat Rabbit Toxic LC50 LD50 LC50(mg/L) LD50 Category (mg/L)b (mg/kg) (mg/kg) X <0.01 <0.5 <0.02 <2 A 0.01 - 0.5 - <5 0.02 - 2 - <20 <0.1 <0.2 B 0.1 - <1 5 - <50 0.2 - <2 20 - <200 C 1 - <10 50 - 2 - <20 200 - <500 <2000 D 10 - 500 - 20 - 200 2000 - 100 5000 20,000 d These four test endpoints are defined in WAC 173-303-040 . Fish LC50 data must be derived from an exposure period greater than or equal to twenty-four hours. A hierarchy of species LC50 data should be used that includes (in decreasing order of preference) salmonids, fathead minnows, and other fish species. C Inhalation Rat LC50 data must be derived from an exposure period greater than or equal to one hour. (ii) A person whose waste contains one or more toxic constituents must determine the equivalent concentration for the waste from the following formula: Equivalent ZX%+ZA%+ZB%+IC%+ ZD% Concentration 1 10 100 1000 10,000 (%) _ where I(X,A,B,C, or D)% is the sum of all the concentration percentages for a particular toxic category. Example 1. A person's waste contains: Aldrin (A Category) - .01%; Endrin (A Category) - 1%; Benzene (D Category) - 4%; Phenol (C Category) - 2%; Dinoseb (B Category) - 5%; Water (nontoxic) - 87%. The equivalent concentration (E.C.) would be: E.C. (0.01%+ (%) = 0% + 1.0%) + 5.0% + 2.0% + 4.0% http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-100 1/10/2017 WAC 173-303-100: Dangerous waste criteria. Page 3 of 5 E.C. (0.01%+ (%) = 0% + 1.0%) + 5.0% + 2.0% + 4.0% 1 10 100 1000 10,000 = 0% + 0.101% + 0.05% + 0.002% + 0.0004% = 0.1534% So the equivalent concentration equals 0.1534%. (iii) A person whose waste contains toxic constituents must determine its designation according to the value of the equivalent concentration: (A) If the equivalent concentration is less than 0.001%, the waste is not a toxic dangerous waste; or (B) If the equivalent concentration is equal to or greater than 0.001% and less than 1.0%, the person will designate the waste as DW and assign the dangerous waste number WT02; and (C) If the equivalent concentration is equal to or less than 0.01%, the DW may also be a special waste; or (D) If the equivalent concentration is equal to or greater than 1.0%, the person will designate the waste as EHW and assign the dangerous waste number WT01. Example 1. Continued. The equivalent concentration of 0.1534% (from Example 1. above) is greater than 0.001% and less than 1.0%. The waste is DW and the dangerous waste number WT02 must be assigned. (iv) Reserve. (c) Designation from bioassay data. A person may determine if a waste meets the toxicity criteria by following the bioassay designation instructions of either: (i) The DW bioassay. To determine if a waste is DW, a person must establish the toxicity category range of a waste by means of the 100 mg/L acute static fish test or the 5000 mg/kg oral rat test, as described in the biological testing methods (bioassay) adopted in WAC 173- 303-110(3). If data from the test indicates that the waste is DW, then the person will assign the dangerous waste number WT02. Otherwise, the waste is not regulated as toxic dangerous waste. No further testing must be done except as provided in WAC 173-303-070 (4) and (5), or if the person chooses to determine whether the waste is EHW, or in the case of state-only solid dangerous waste, if the person chooses to determine whether the waste is special waste; or (ii) The EHW and special waste bioassay. To determine if a waste is EHW, a person must establish the toxicity of a waste by means of the fish bioassay at 10 mg/L or the rat bioassay at 50 mg/Kg, as described in the biological testing methods (bioassay) adopted in WAC 173- 303-110(3). (NOTE: A fish bioassay at 1 mg/L corresponds with the definition of EHW, which includes toxic categories X-B. However, the fish bioassay is not reproducible at these low levels.) If data from the test indicates that the waste is EHW, then the person will assign the dangerous waste number WT01. Otherwise, the waste will be designated DW, and the person will assign the dangerous waste number WT02. A person with state-only solid waste may choose to test a waste to determine if it is special waste. Testing levels for special waste must be at 10 mg/L for the fish bioassay or 500 mg/Kg for the oral rat bioassay. No further testing must be done except as provided in WAC 173-303-070 (4) and (5), or if the person chooses to test the waste in accordance with WAC 173-303-100 (5)(c)(i) to determine if the waste is not regulated as toxic dangerous waste. http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-100 1/10/2017 . WAC 173-303-100: Dangerous waste criteria. Page 4 of 5 (d) If the designation acquired from book designation and bioassay data do not agree, then bioassay data will be used to designate a waste. If a waste is designated as DW or EHW following the book designation procedure, a person may test the waste by means of the biological testing methods (bioassay) adopted under WAC 173-303-110(3), using either the static acute fish or the acute oral rat method, to demonstrate that the waste is not a dangerous waste or should be designated as DW and not EHW. (e) A waste designated as DW by toxicity criteria must be assigned the dangerous waste number of WT02. A waste designated as EHW by toxicity criteria must be assigned the dangerous waste number of WT01. (6) Persistence criteria. For the purposes of this section, persistent constituents are chemical compounds which are either halogenated organic compounds (HOC), or polycyclic aromatic hydrocarbons (PAH), as defined under WAC 173-303-040. Except as provided in WAC 173-303-070 (4) or (5), a person may determine the identity and concentration of persistent constituents by either applying knowledge of the waste or by testing the waste according to WAC 173-303-110 (3)(c) Chemical Testing Methods for Designating Dangerous Waste Publication #97-407. (a) Except as provided in WAC 173-303-070(4), if a person knows only some of the persistent constituents in the waste, or only some of the constituent concentrations, and if the waste is undesignated for those known constituents or concentrations, then the waste is not designated for persistence under this subsection. (b) When a waste contains one or more halogenated organic compounds (HOC) for which the concentrations are known, the total halogenated organic compound concentration must be determined by summing the concentration percentages for all of the halogenated organic compounds for which the concentration is known. Example 2. A waste contains: Carbon tetrachloride - .009%; DDT - .012%; 1,1,1 - trichloroethylene - .020%. The total halogenated organic compound concentration would be: Total HOC Concentration (%) = .009% + .012% +.020% =.041% (c) A person whose waste contains polycyclic aromatic hydrocarbons (PAH) as defined in WAC 173-303-040, must determine the total PAH concentration by summing the concentration percentages of each of the polycyclic aromatic hydrocarbons for which they know the concentration. Example 3. A person's waste contains: Chrysene - .08%; 3,4 - benzo(a)pyrene - 1.22%. The total polycyclic aromatic hydrocarbon concentration would be: Total PAH Concentration (%) _ .08% + 1.22% = 1.30% (d) A person whose waste contains halogenated organic compounds and/or polycyclic aromatic hydrocarbons must determine its designation from the persistent dangerous waste table. PERSISTENT DANGEROUS WASTE TABLE Then your waste's At a total designation, If your waste concentration and contains... level of... waste # are... Halogenated 0.01% to DW, WP02 Organic 1.0% EHW, WP01 Compounds greater than (HOC) 1.0% http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-100 1/10/2017 . WAC 173-303-100: Dangerous waste criteria. Page 5 of 5 Then your waste's At a total designation, If your waste concentration and contains... level of... waste #are... Polycyclic greater than EHW*, WP03 Aromatic 1.0% Hydrocarbons (PAH) *No DW concentration level for PAH. (7) Reserve. [Statutory Authority: Chapter 70.105 RCW. WSR 15-01-123 (Order 13-07), § 173-303-100, filed 12/18/14, effective 1/18/15. Statutory Authority: Chapters 70.105 and 70.1050 RCW. WSR 09-14-105 (Order 07-12), § 173-303-100, filed 6/30/09, effective 7/31/09. Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW 70.105.007. WSR 04-24-065 (Order 03-10), § 173-303-100, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW. WSR 03-07-049 (Order 02-03), § 173-303-100, filed 3/13/03, effective 4/13/03. Statutory Authority: Chapters 70.105, 70.105D, 15.54 RCW and RCW 70.105.007. WSR 00-11-040 (Order 99-01), § 173-303-100, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters 70.105 and 70,105D RCW. WSR 98-03-018 (Order 97-03), § 173-303-100, filed 1/12/98, effective 2/12/98; WSR 95-22-008 (Order 94-30), § 173-303-100, filed 10/19/95, effective 11/19/95; WSR 94-01-060 (Order 92-33), § 173-303-100, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapter 70.105 RCW. WSR 84-09-088 (Order DE 83-36), § 173-303-100, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW 70.95.260. WSR 82-05-023 (Order DE 81-33), § 173-303-100, filed 2/10/82.] http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303-100 1/10/2017 Donna Frostholm From: Sent: To: Cc: Subject: Gordon Ramstrom Friday,January 06, 2017 2:19 PM Donna Frostholm Tom Boatman RE: PRE-APP FOR QUILCENE SW DROP BOX SITE. Attachments: 010617 SW QUIL UTILITIES.pdf Hi Donna, PROPOSAL: We are on the same track as when we requested the Pre-app. No changes to the proposal,just development of the package. I have attached latest utility plan. UPDATE:As I have already mentioned, we submitted our septic package to EH on Dec. 20, 2016. Since then I have also received a water availability statement from JC DCD, following coordination with Susan P. at EH. SCHEDULE: We are of course, eager to come in. Here are a few periods over the next few weeks that I see blocked out on either my or Tom Boatman's schedule. These times should be avoided. As follows: Jan 17; 10-3 Jan 23; 8-1 Jan 27; all day Jan 30; all day MARY: I thought that it was best to include Mary B. in this meeting. Maybe to err on the side of caution. It will be a good orientation to the project, and we may pick up on some issues. Thanks,we hope that the schedule can be made sooner rather than later. Best, Gordon D. Ramstrom Architectural Projects Planner Jefferson County Public Works 623 Sheridan St. Port Townsend,WA 98368 gramstrompu co./efferson.wa.us T: 360-385-9380 F: 360-385-9234 From: Donna Frostholm Sent: Friday,January 06, 2017 1:27 PM To:Gordon Ramstrom <GRamstrom@co.jefferson.wa.us> Subject: RE: PRE-APP FOR QUILCENE SW DROP BOX SITE. Hi Gordon: Based on your email below, I have asked Sally to send you an invoice for Mary's time. I will coordinate potential meeting dates with Mary and will suggest some days to you next week. 1 If there are any days that do not work for you during the weeks of January 16, and 23,feel free to let me know. I know we discussed this before, but it was awhile ago and things change. Thanks, Donna Frostholm Jefferson County DCD From: Gordon Ramstrom Sent:Tuesday,January 03, 2017 10:14 AM To: Donna Frostholm <DFrostholm@co.iefferson.wa.us> Cc: Mary Blain <mblain@co.jefferson.wa.us>;Tom Boatman<TBoatman@co.jefferson.wa.us> Subject: PRE-APP FOR QUILCENE SW DROP BOX SITE. Hi Donna, With the start of the new year, I wanted to ask about a prospective date for our Pre-app regarding the above referenced project. We have already submitted the septic permit application. Bernt and I had met with Randy at EH a few weeks ago. I am in contact with JC PUD#1 regarding documentation for our existing water service from that department. Just to be sure we have our bases covered, it would be best for Mary to attend also. I don't see conflicts on our schedule early this month. If you would like to propose a couple dates early this month,we can keep those dates open. Best, Gordon D. Ramstrom Architectural Projects Planner Jefferson County Public Works 623 Sheridan St. Port Townsend,WA 98368 qramstrom@co.jefferson.wa.us T: 360-385-9380 F: 360-385-9234 2 Donna Frostholm From: Gordon Ramstrom Sent: Monday, December 19, 2016 4:04 PM To: Donna Frostholm Cc: Tom Boatman Subject: SW Quilcene Site Plan Attachments: 121916 SW Quilcene site UTIL.pdf Donna, Here is a copy of the Utility site plan.The existing paved area is to remain unchanged. The paved area now doubles as customer parking as the visitors move around the site to off load at the respective locations. Hope this info helps, let me know if you have further questions. Best, Gordon D. Ramstrom Architectural Projects Planner Jefferson County Public Works 623 Sheridan St. Port Townsend,WA 98368 gramstroma co.tefferson.wa.us T: 360-385-9380 F: 360-385-9234 1 0 s t786I 1760 1017 # 11JfO2id 9I0Z '61 D U • VM `OUOOj?nO I0i 1umgS!H ZI£S6Z SINHJAIIAO2IdIAII- ,LAS A LIIIJV3 XOH dO?TG MS Nle D1IflO M IA flI NV/4 HIIS, SHZI�IIMI ddV-aad , ri f fi x \ \ ail > va W v, J 1 ■ ' ! �^ 1 \y 1 i z x O \ 1 \ ' �Q 4-tVi1U i y z� 2v V �, 1 an °i s \ \ \ \ , r \ 1 ■ 14.1 Q. 4 \\ \, t% , , 0,...:.... ,,,,,Qk. , ,, le 1.4 N , , tic 018],.. z,,. U \ c)2 6- =e.^=ti k j\ II\ • I �. O �:V O Q W v 1 g C> �W 3 4• owl —.3rt� \ • 0 1' �'4 QO, q2 N ,__...,-_.-- - am - -� — n 17x5 W 4 -- --- ---E -___/ • \ 3k W c:3-',-.O U N\ \ \ 4 QRZ axe Q. CI! 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I )1 iL/ �` 2O 4x.1re y O 1. , 1 `/ , /T 1 / -- WO 5--.-_....--,-.\ C� P d 4.1 e L4 / N W f ti I- 3I l _ —._.. �W /� 0.00 J / 4x1 \�i i i i ' \ j 1v77__1 I a �' \ / 1 \ p _ \ / O /•1 I I ( , U,. ..2.... ,� I I t . -42r 4 . . . /1sn Ira' / / irn , j, i • 7/ n/ / V ,, � . 1 \:22:11.- c ‘ /// 2 i ___,) j _=7 / 1 (\ 1 ❑..e e 0 0 ❑ / 0 ❑ / 0 0 ❑ • _____._- ____.-.._.. _._ _ I /-\ Donna Frostholm From: Gordon Ramstrom Sent: Tuesday, December 13, 2016 12:15 PM To: Mary Blain Cc: Donna Frostholm Subject: RE: Pre-Application Meeting Request Hi Mary, Its close to lunch, so maybe we can follow up after the noon hour. We have reduced the amount of work somewhat included in the proposal since our CAM with Donna. BUILDING: We will replace the existing 8 x 8' attendant office with a 12'x 20' attendant office. Also, upgrade the existing shipping container to a recycling center for Household Hazardous waste. This is like the Environmental Center we constructed at the Transfer Station in the spring of this year. I will be in contact with Roger Parker at EH. No additional impervious surfaces other than the buildings. All work done in the same construction season. LANDUSE: The site is zoned RR-5. From our talk during the CAM, we were not sure if there was a land use issue that might apply. From our talk with Donna, it seemed that the pre-app would evaluate if there were further land use requirements. It would represent a 'delay' to the project if something came up during permit review that we could have foreseen. Hope this info helps. I'll call after lunch. Thanks, -Gordon From: Mary Blain Sent:Tuesday, December 13, 2016 10:02 AM To:Gordon Ramstrom <GRamstrom@co.jefferson.wa.us>; Sally Ellis<SEllis@co.jefferson.wa.us> Cc:Tom Boatman<TBoatman@co.jefferson.wa.us>; Eric Kuzma<ekuzma@co.jefferson.wa.us> Subject: RE: Pre-Application Meeting Request Gordon, I think it is possible to do this building application without a Pre-Application Conference. What kind of information are you looking for that you thought you could get in a pre-app? Perhaps I can help you with that? A pre-app takes considerable scheduling and with the holidays may take a week or longer to plan and also costs$425 or more. Please let me know if I can assist. Best, Mary Blain Plans Examiner I Dept of Community Development 621 Sheridan St Port Townsend,WA 98368 1 ph: 360-379-4461 fax: 360-379-4451 mblain,r co.jefferson.wa.us All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public Records Act, a state law found at RCW 42.56. Under the Public Records law the County must release this e-mail and its contents to any person who asks to obtain a copy(or for inspection)of this e-mail unless it is also exempt from production to the requester according to state law, including RCW 42.56 and other state laws. From:Gordon Ramstrom Sent: Monday, December 12, 2016 5:02 PM To:Sally Ellis<SEIlis@co.jefferson.wa.us> Cc: Mary Blain<mblain@co.jefferson.wa.us>;Tom Boatman<TBoatman@co.jefferson.wa.us>; Eric Kuzma <ekuzma@co.iefferson.wa.us> Subject: Pre-Application Meeting Request Hi DCD, We are requesting a Pre-Application meeting for the improvements we are planning at the JC Solid Waste Drop Box Site in Quilcene. Please note the attachments. Please let me know when this can be arranged. We had an initial meeting with Donna Frostholm on Nov. 3, we have revised the plan for improvements somewhat since that meeting. Best, Gordon D. Ramstrom Architectural Projects Planner Jefferson County Public Works 623 Sheridan St. Port Townsend,WA 98368 gramstrom{c co.iefferson.wa.us T: 360-385-9380 F: 360-385-9234 2 Ha lie Clement From: Gordon Ramstrom Sent: Thursday, December 15, 2016 9:20 AM To: Haylie Clement Subject: RE: Pre-App Invoice Attachments: 2301_001.pdf Haylie, Thanks,got it. This invoice can be submitted for payment on Dec 20. The check will go out on Dec. 28. Let us know when the pre-app can be scheduled. We would like to submit for the Building Permit shortly after the Pre- App meeting. Thanks, Gordon D. Ramstrom Architectural Projects Planner Jefferson County Public Works 623 Sheridan St. Port Townsend,WA 98368 gramstrom(a�co ieffersnn wa „s T: 360-385-9380 F: 360-385-9234 From: Haylie Clement Sent:Thursday, December 15, 2016 8:21 AM To: Gordon Ramstrom <GRamstrom@co.jefferson.wa.us> Subject: Pre-App Invoice Good Morning Gordon, Attached is the invoice to the Pre-Application conference request you submitted. Your application has been routed back to the planners for review and scheduling. Please let me know if you have any questions. Thanks, Haylie Clement Planning Clerk Jefferson County Community Development 621 Sheridan Street, Port Townsend, WA 98368 Phone 360-379-4483/360-379-4450 Fax 360-379-4451 hclement co iefferson wa us 1 Invoice Date: 12/15/2016 .,SON Co Invoice ID: 2016PRE16-00040 0w`� G� JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT _- -., : 621 Sheridan Street I Port Townsend, WA 98368 Date Due: 16WINO,CO 360-379-4450 I email: dcd@co.jefferson.wa.us 1/14/2017 www.co.jefferson.wa.uslcommdevelopment BILLING ADDRESS: Scanning Fee 21.00 Zoning Pre-Application 425.00 JEFFERSON COUNTY PO BOX 1220 Total Amount Due: $446.00 PORT TOWNSEND WA 98368-0920 REMIT TO: fjAlark, (LC L71.) ei i(t \,, Jefferson County DCD 621 Sheridan St. j 1 Port Townsend, WA 98368 t Cr If S I L(7 Please return the above portion with your payment Permit Number: PRE16-00040 Scanning Fee 21.00 Zoning Pre-Application 425.00 Total Amount Due: $446.00 Payment is accepted by cash, check, debit or credit card (Visa, Mastercard, Discover, American Express) To pay by credit card, go to www.co.jefferson.wa.us/commdevelopment, and click on the "Online Credit Card & echeck Payments" link on the left side of the page. (questions: call 360-379-4450) ___________......................... ti¢SON e°64,64, DEPARTMENT OF COMMUNITY DEVE • •6fsrni81: 621 Sheridan Street,Port Townsend,WA 98368 Tel:360.379.4450 I Fax:360.379.4451 Web:www.co. ff rson.wa.us communi d veld mens D `_^ ___________\ %S O� E-mail:dcd(a�co iefferson wa 5 +� Ott 1 \ \ PRE-APPLICATION CONFERENCE1��e R�� 116 °qa(Vt The Jefferson County Code (JCC) 18.25.640 & 18.40.090 requires that before an application onP1.OFCO and Type Ill project applications and Type I applications proposing impervious surfaces of ten thousand and/or non-single family structures of five thousand 5, is made for all Type II work below OHWM, a pre-application consultation must be held. The consultation includes (10,000)ry reviewsquare ( � �feet or more, or all projects involving in-water work or administrative assistance. This service does not include extensive field inspection or correspondence. consultation does not limit subsequent administrative review. preliminary and At the conference, Department of Community Development personnel shall providep ce. Pre-application (1) A list of the requirements for a completed application; the applicant with: (2) A general summary of the procedures to be used to process the application; (3) The references to relevant code provisions or development standards that may apply to the approval application; and (4) A list of any applicable hourly review fees that may be charged by one or more Countya enciesuponothe filing of a project permit application with the County. agencies the Discussions at the conference or the information provided by the staff shall not bind orrohi future application or enforcement of all applicable laws and regulations. No statements or assurances representatives shall in any way relieve the applicant of his or her duty to submit an application consistent County'st with all relevant evant requirements of County, state and federal codes, laws, regulations and land use plans. emade by County NAME: Gordon D. Ramstrom on behalf of Jefferson County MAILING ADDRESS:Jefferson County Public Work 623 Sheridan St. Port Townsend, WA 98368 TELEPHONE:(HOME) Mobile: 360-531-1750 (WORK) 360-385-9380 REPRESENTATIVE: AllYrADAS .Ir v i ' y J :i:.4W, '' MAILING ADDRESS: TELEPHONE:(HOME) (WORK) 1. Please answer all questions on this form completely. DIRECT'ONS 2. Attach one sketch of the Conceptual Design for the proposed use or activity, showing the following information: a. Vicinity sketch; b. North arrow and scale; c. Property boundaries and identification of land uses on adjacent properties; d. Means of ingress and egress; e. Property/lot drainage; f. Possible locations of sewage disposal and water supply systems; g. Location of utility easements; and h. Proposed location of buildings, including setbacks to property boundaries. 3. Attach payment of the applicable fee, as set forth in the Jefferson County Fee Ordinance. Property Description General Location: 295316 Highway 101, Quilcene, WA 98368-0920 Legal Description(from Property Tax Statement): a portion of the Northeast Quarter of the Northeast Quarter of the Northeast Quarter of Section 23, Township 27 North, Range 2 West,W.M. Jefferson County, Washington 9-Digit Parcel Number(from Property Tax Statement): 702231010 Total Acreage: 15.22 Zone: RR -5 %Lot Coverage: 2.2% Applicant: B Owner ❑ Lessee ❑ Contract Purchaser ❑ Other Project Description This project makes improvements to the existing Jefferson County Solid Waste Drop Box Site located in Quilcene. The 80 S.F.Attendant Office will be replace by a 240 S.F. The existing shipping container onsite will be upgraded to an "Environmental Center"for the collection of household special waster such as fluorescent lighting, oil a- nd,anti-freeze. Existing parking areas will be maintained. �,-� A � ( i ��T r7 P.tr i l',, /9. s .,. Property Owner(name and mailing address): Jefferson County, P.O. Box 1220, Port Townsend, WA 98368 Standard Disclosure Information provided to a prospective applicant during the pre-application consultation is based on County regulations in effect at the time of the pre-application consultation. Revised or new County regulations could affect a future development application. A pre- application consultation does not vest a future development application. By signing the application form, the applicant/owner attests that the information provided herein is true and correct to the best of their knowledge. I also certify that this application is being made with the full knowledge and consent of all owners of the affected property. Any material falsehood or any omission of a material fact made by the applicant/owner with respect to this application packet may result in this permit being null and void. I further agree to save, indemnify and hold harmless Jefferson County against all liabilities, judgments, court costs, reasonable attorney's fees and expenses which may in any way accrue against Jefferson County as a result of or in consequence of the granting of this permit. I further agree to provide access and right of entry to Jefferson County and its employees, representatives or agents for the sole purpose of application review and any required later inspections. This right of entry shall expire when the County (through the Administrator or the Administrator's representatives)concludes the application has complied with all applicable laws and regulations. Access and right of entry to the applicant's property shall be requested and shall occur only during regular business hours. (SIGNATURE) (DATE) I hereby designate to act as my agent in matters related to this pre-application conference. 12 Dec 2016 (LANDOWNER SIGNATURE) (DATE) � . \,' _c , tso_________- '; \ 3 2O\6 .,,,--1..\ G\PermitCenter\###FORMS###\DRD\Pre-App\pre-app conference form.doc REV.11/1/2013 ps O cCE � Lin � ,I"�` ,�v�_Page 2 _- of °0; r �� ti^,r IFF \/`�(iy/ COU TyOF/,. 4. A�'F�j THIS SURVEY IS fASEO ON THE WASHINGTON THE SURVEYED PARCEL AU BE SUBJECT TO COORDINATE SYSTEM OF 1927, NORTH ZONE PER Recor 0 urvey EASEMENTS OR OTHER ENCUMBRANCES EITHER VOLUME f6 OF SURVEYS, PACE 183. ALL BEARINGS RECORDED OR UNRECORDED NOT SHOWN HEREON. ARE RELATIVE TO SAID GRID. ALL DISTANCES ARE THIS SURVEY HAS NOT DETERMINED THE EXISTENCE REDUCED 70 SAID GRID USING A COMBINED SCALE of a portion of the Northeast Quarter of the OF ALL SUCH EASEMENTS OR ENCUMBRANCES OR FACTOR OF 0.99994. TO OBTAIN GROUND DISTANCES, THEIR EFFECT ON THE SURVEYED PARCEL EXCEPT MOLT/PLY D/STANCES SHOWN HEREON BY 7.00006. Northeast Quarter and the Southeast Qua rter AS SPECIFICALLY SHOWN HEREON. THIS SURVEY COMPLIES WITH W.A.C. 332-130-100 of the Northeast Quarter of Section 23, THIS RECORD OF SURVEY MAY DEPICT EXISTING AND WAS ACCOMPLISHED BY FIELD TRAVERSE FENCE LINES AND OTHER OCCUPATIONAL METHODS USING A 5-SECOND THEODOL/TE AND AN IA/ / IND/GATORS IN ACCORDANCE WITH W.A.C. CHAPTER INFRARED DISTANCE MEASURING DEV/CE WITH SOME 7"o wnship 27 North, Range 2 West, W.IV/., IN33DICATE A13TPHD ENTIAL FOR ESE OCCU RATIONAL I CLAIMS NDOFF UNWRITTEN DISTANCES MEASURED WITH A STEEL TAPE. „..„-----,--'-',,,?,,:,,,;',,',;r'i;,',%*-4:.,' ,4,t' ''.-5-4,'„!‘:-.e:,;',„,i,rn* ••''',:.',•,;R:, Jefferson County, Washington TITLE LEGAL OWNERNHIP BASED UPON UNWRITTEN TITLE CLAIMS HAVE NOT BEEN RESOLVED BY THIS SURVEY. ti v i, b ' k \ // „ /% *1'`D. .1N N'.,„ SSK' • b aII4 �` kyr n 4 ' �`�/ a; a*a\ � r e r � oar •�� t � AF' 24583 'A.70<,,-0'.'"‘V•,„ h ",4-....-"` 24735 fi LEGEND/ ` , ® SET 5/8-INCH REBAR WITH RED PLASTIC SURVEY CAP STAMPED : NT/-ROBINSON PLS 19583 AND PLASTIC GUARD STAKE ' +% , 3 � 4:414,-/- r [] FOUND 5/ CH REBAR WITH RED PLASTIC SURVEY CAP STAMPED �p// "NTI-ROORDA PLS 36825" PER VOLUME 36 OF SURVEYS, PAGE 336 14444-4.4,„,- ` a V. AFN JEFFERSON COUNTY AUDITOR'S FILE NUMBER `V \ szf z aF NOTES P%',;... � �"R� �, �" 1. FOR ADDITIONAL SECTION SUBDIVISION INFORMATION, SEE VOLUME 16 OF ' d b j v L+AR SURVEYS, PAGE 183, RECORDS OF JEFFERSON COUNTY WASHINGTON. y'a r €,5.2 AON ti act j/ `,e , I d z' 2. FOR LEGAL DESCRIPTION, SEE INSTRUMENT RECORDED UNDER JEFFERSON s . COUNTY TREASURE'S DEED VOLUME 149 OF DEEDS, PAGE 617 AND AUDITOR'S DEED j „y � ,a 4aZit „a' VOLUME 26 OF DEEDS, PAGE 469. 1 x� 3. ALL FOUND MONUMENTS ARE WITHIN 0.25 FEET OF THEIR CALCULATED ' .'c a 44444.1 POSITIONS, UNLESS OTHERWISE NOTED. . ,, j 0 rti by ,' 4. FIELD WORK FOR THIS SURVEY WAS PERFORMED ON NOVEMBER 4, 2015. 1 g3 9,4 ".g r„ k"qf, -4p 44 AUDITOR'S CERTIFICATE '4 ::::":44t9Nii,,z'•.1 rt?tAg'elfet'51';',5•'.Z='4'Ye'5', f '� � d'�9 • rf 9 A %% Alaf",At �� FILED FOR RECORD THIS DAY OF , 2015 AT rt a K � M. IN BOOK OF SURVEYS AT PAGE _ r, � �/ � 04 F' AT THE REQUEST OF NORTHWESTERN TERRITORIES, INC. w r• r a , '' `r' 3 ;� r' 1'r5 • J,� l COUNTY AUDITORr. y� `„ � 1 I”I' a a'1 fe'V '. ;yip 4.1 f� 1,01 P, ° y w w E , ,,,,,,,,,,,,,, ,/,''',,' - ,,,,,,qz 14 la. Q 6.1 � ROB j � rr '., ,�.,//.G° y'.,�r }, '� • _ � .i 2 p S~� OF WASy�O / r-1 •"ci � N �4'yc'�0 y�y►; �'� r � '� '�i , �� pt,..z,.4 t.‘i.,,,,,, ,..,,,,,, 2 2 .a / O , a % c /T s 'T s / / 1 i 5 O % 7'p Via....,y ,r,»My �' ' 1._. if RF�srER�° Qtr • ,, ,,-44.4,•<-;:„!•:"47'44,4'4741,,, x ,•'."' ` rnX/ONAL LANAS� \ 34 \ rr ,I .,1.,;g4 r \ s a a ADAE O /I\\\\\\\\\\\\\\viiiiirriririr I\\ //kr �" y�Cc r • ,.; it IIIIIII'II 4''' '4.....-"'"' CALCULATED POSIT/ON r' �- - ; ''I"` OF RAILROAD SPIKE' I/ , 001 us 100 200 DATE; rr' _ STAMPED 'NORTH 1/16" •� �„ """�,,g FOUND ON OB/05/1976 ,�,j ,,..-w AND 11/19/1980: SCALE IN FEET ffi }x " p SURVEYOR'S CERTIFICATE , �� 1 �/ y THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECT/ON �e „ 3 � �a • IN CONFORMANCE WITH THE REQUIREMENTS OF THE SURVEY RECORDING ACT AT THE -` " 'f ""' " b' REQUEST OF GORDON RAMSTROM IN SEPTEMBER, 2015. OenmDer 01,2015 9:07.'IJ a.m. Ormri,g:C:\PROD\DWG\0227\2J\JCPWI502\..CPWI502—R0S.0W0 KENT L ROBINSON PLS 19583 ©COPYR/CNT NORTHWESTERN TERRITORIES.INC. 2015 SCALE: 1"= 100' (DATE: I2/O)/2015 Lk DRAWN BY: SCP , NORTHWESTERN TERRITORIES,INC. Record of Survey PLAT CHECKED BY: KLR 1`i Engineers- Land Surveyors - Geologists for: Jefferson County FINAL REVIEW: KLR ConStluCfiOn Inspection - Materials Testing SHEET 1 OF I NTI 711 SOUTH P098607,PORT ANGELES,WASNINGTGN 98362,(380)451-8491 www.nti4u.com Department of Public Works 23(2771-2W)