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Regulations & Permits > Closed rulemaking > WAC 173-350

Chapter 173-350 WAC

On August 01, 2018 the Department of Ecology adopted comprehensive amendments to Chapter 173-350 WAC, Solid Waste Handling Standards. Changes adopted in sections 220, 225, and 250 are intended only for the purposes of clarification and consistency with other sections of the rule.

Experience implementing the rule and input from stakeholders identified many areas in need of improvement. Issues identified as priorities included updating definitions, clarifying criteria for inert waste classification and when earthen material/soil is a solid waste, as well as streamlining record keeping and reporting requirements. In the pre-proposal statement of inquiry for this rulemaking, Ecology announced it would also address other issues that might result in substantive changes, as well as clarifications and corrections to language in the chapter not expected to change the overall effect of the rule. This rulemaking:
  • Standardizes language and organization to improve usability and consistency across the rule.
  • Improves user ability to identify solid wastes apart from commodities, and supports material recovery and recycling activities while protecting public health and the environment.
  • Helps users more easily distinguish inert wastes from other materials requiring a higher standard of management.
  • Clarifies applicability of the rule, operational requirements, and timeframes for managing solid wastes in piles.
  • Distinguishes between clean and contaminated soils and dredged material, and clarifies management requirements.
  • Makes other substantive as well as clarifying revisions to the rule.

 

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Rulemaking timeline

Timeline

Announcement phase (CR-101)

Filing date:
Nov. 5, 2013


Announcement documents

Rule development phase

November 5, 2013 - November 2017



Public input & involvement

Work Groups/Advisory Committee

The work of our advisory committees in helping to prepare the preliminary draft rule has concluded. Ecology is very grateful for the time and effort put in by the many stakeholder representatives who participated. Names of many advisors and meeting documentation can be found below here.

To see more details about the work conducted by the work groups and advisory committee please visit this page.

First Preliminary Draft - comments were due June 2016

Ecology evaluated all comments received on the first preliminary draft of the rule (June 2016). Our response is linked below. Not all comments resulted in changes to the rule. In our response, we focused on comments that evolved as a significant concern for stakeholders, where clarification of the agency’s intent was needed, and where significant changes to the rule would affect the way it might be interpreted or implemented. Ecology is preparing a response to comments received on the second draft of the rule (December 2016). The response will be posted when available, and stakeholders will be notified.

Second Preliminary Draft December 2016 - comments were due February 2017

To make chapter 173-350 WAC more manageable for review, it was broken into several different documents. This should make finding a particular section easier. Each document is available as a pdf or as a Microsoft Word document. If using the Word version, you will be able to use the “review” settings to either see all the tracked changes, or to view the document in a clean (“no markup”) version. If you use the pdf version, you will see all the changes as either underline (additions) or strike-out (deletions).
The sections were broken up into documents as follows:

  • Part One: 010 Purpose, -020 Applicability, -021 Determination of solid waste, -025 Owner responsibilities for solid waste, -030 Effective dates, -040 Performance standards, -100 Definitions, and -200 Beneficial use permit exemptions. (PDF Format)  
  • Part Two: 210 Recycling and material recovery facilities, -220 Composting facilities, -225 Other organic material handling activities, -230 Land application, -240 Energy recovery and incineration facilities, -250 Anaerobic digesters, and -300 On-site storage, collection and transportation standards. (PDF Format)
  • Part Three: 310 Transfer stations and drop box facilities, -320 Piles used for storage or treatment, -330 Surface impoundments and tanks, -350 Waste tire storage, -355 Waste tire transportation, and -360 Moderate risk waste handling. (PDF Format) 
  • Part Four: 400 Limited purpose landfills, -410 Inert waste landfills, and -490 Other methods of solid waste handling. (PDF Format) 
  • Part Five: 500 Groundwater monitoring, -600 Financial assurance requirements, -700 Permits and local ordinances, -710 Permit application and issuance, -715 General permit application requirements, -900 Remedial action, and -995 Soil and sediment use criteria.(PDF Format)

Ecology evaluated all comments received on the second preliminary draft of the rule (December 2016). Our response (November 2017) is linked below.

Rule proposal phase (CR-102)

Filing date:
Jan. 23, 2018

Rule proposal documents:

Comment period

Comments are due by March 20, 2018.
You may submit comments:

  • Through our online comment system (preferred).
  • By U.S. mail or parcel delivery service 
    • PO Box 47600, Olympia, WA  98504-7600 (U.S. mail)
    • 300 Desmond DR SE, Lacey, WA  98503 (parcel delivery services)
  • You may submit comments at a public hearing (see below).

First Hearing March 6, 2018

Hearings occur on March 6 and March 9, in two different locations each day.  They begin at 9:00 AM on each date, and both are accessible remotely by webinar. You may attend in either of two locations below on March 6th.

Ecology Headquarters                         Ecology Northwest Regional Office
300 Desmond Dr SE, Lacey                  160th Ave SE, Bellevue

You may also participate remotely by webinar.  A webinar is an online meeting forum that you can attend from any computer using internet access.  To join the webinar for the March 6 hearing, click on the following link for more information and instructions: https://watech.webex.com/watech/j.php?MTID=m94a01659810819e31fd7c2d1db093317.

Meeting Number:  804 165 501
Meeting Password:  Ecology1

For audio only, call U.S. toll number 1-650-479-3208 or toll free 1-877-668-4493 and enter access code 804 165 501. Or to receive a free call back, provide your phone number when you join the event.
 

Second Hearing March 9, 2018

Hearings occur on March 6 and March 9, in two different locations each day.  They begin at 9:00 AM on each date, and both are accessible remotely by webinar.  You may attend in either of two locations below on March 9th.
 
Ecology Central Regional Office        Ecology Eastern Regional Office
1250 W Alder St, Union Gap                 4601 N Monroe, Spokane
 
Webinar:  You may also participate remotely by webinar.  A webinar is an online meeting forum that you can attend from any computer using internet access.  To join the webinar for the March 9 hearing click on the following link for more information and instructions:  https://watech.webex.com/watech/j.php?MTID=mf0c938692688a15bda43b5f59841845a.
 
Meeting Number:  802 522 807
Meeting Password:  Ecology1
 
For audio only, call US toll number 1-650-479-3208 or toll free 1-877-668-4493 and enter access code 802 522 807. Or to receive a free call back, provide your phone number when you join the event.
 
Do you need an accommodation?
Please request by March 1, 2018 To request ADA accommodation for disabilities, or printed materials in a format for the visually impaired, contact Hanna Waterstrat at hanna.waterstrat@ecy.wa.gov or 360-407-7668, or visit https://ecology.wa.gov/accessibility. People with impaired hearing may call Washington Relay Service at 711. People with speech disability may call TTY at 877-833-6341.

Rule adoption phase (CR-103)

Adoption date:
Aug. 1, 2018


Rule effective date:
Sept. 1, 2018


Additional languages

Español (Spanish) 中文 (Chinese) Tiếng Việt (Vietnamese) 한국어 (Korean)

Related links

Contact information

Kyle Dorsey
Rulemaking Lead
w2rrulemaking@ecy.wa.gov
360-407-6559

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Accessibility

To request ADA accommodation for disabilities, or printed materials in a format for the visually impaired, contact Ecology's ADA Coordinator by email at ecyadacoordinator@ecy.wa.gov, or call 360-407-6831. People with impaired hearing may call Washington Relay Service at 711. People with speech disability may call TTY at 877-833-6341.