COVID-19 dangerous waste compliance

We expect dangerous waste generators to follow these guidelines:

1. Closely adhere to all federal, state, and local public health and safety guidelines.
    
2. We expect all generators to comply to the best of their ability, as protection of human health and the environment continues to be of essential importance.
    
3. Report dangerous waste complaints or any imminent threat to human health or the environment, such as a spill or release, to us immediately or to your regional office:
   
   Central Regional Office: 509-575-2490
   Eastern Regional Office: 509-329-3400
   Northwest Regional Office: 425-649-7000
   Southwest Regional Office: 360-407-6300
   
   You may also call the Washington Emergency Management Division at 1-800-258-5990.
    
4. If your operations are impacted by COVID-19 and compliance is not reasonably practical, facilities with environmental compliance obligations should:
   
   a. Act responsibly under the circumstances and take all practical steps in order to minimize the effects and duration of any noncompliance caused by COVID-19;
   b. Identify the specific nature and dates of the noncompliance;
   c. Identify how COVID-19 was the cause of the noncompliance, and the decisions and actions taken in response, including best efforts to comply and steps taken to come into compliance at the earliest opportunity;
   d. Return to compliance as soon as possible; and
   e. Document and retain the information, action, or condition specified in a. through d. and, after you return to compliance, provide it to your Ecology regional office if requested.
    
5. Large and medium quantity generators may request extensions of dangerous waste storage time limits. Please see the “Can I get an extension on my 90-day or 180-day accumulation time limit?” question (below)
    
6. These guidelines do not apply to criminal (knowing and willful) acts.
    
7. These guidelines do not apply to Treatment, Storage and Disposal Facilities (TSDFs) or RCRA Corrective Action enforcement.
    
8. These temporary guidelines regarding enforcement discretion are only related to COVID-19. These guidelines are not regulation and do not change any rules or laws.

If your facility is unable to ship dangerous wastes within the required timeframe, contact your regional Ecology office to request an extension. Ask for a dangerous waste compliance specialist when you call.

The dangerous waste regulations (WAC 173-303-172(3) and -200(2)) allow facilities to request extensions for on-site storage due to unforeseen, temporary, and uncontrollable circumstances.

Since Ecology issues extensions on a case-by-case basis, please provide the following information to help inform our decision:

• Number and size of containers approaching the 90-day or 180-day accumulation time limit.
• A general description of the waste.
• The accumulation start date of the waste.
• The specific location (accumulation area) of the waste.
• Documentation of efforts made to schedule a waste pickup and explanation why the dangerous waste must remain on-site due to unforeseen, temporary, and uncontrollable circumstances.
• A copy of the most recent weekly inspection log.
• Name and phone number for the on-site emergency coordinator.

Central accumulation areas (CAAs) must be inspected weekly to check for leaks and deterioration of containers and the containment system caused by corrosion, deterioration, or other factors.

For MQGs and LQGs, there must be at least one employee either on the premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures.

In the event of a facility shutdown, we recommend your emergency coordinator evaluate the appropriate level of on-site presence to ensure human health and safety are protected.

When satellite accumulation area (SAA) thresholds are reached, we recommend you immediately mark the container(s) with the accumulation start date and move them from the SAA to a Central Accumulation Area (CAA).

If that is not possible, you should document why the waste cannot be moved to a CAA and consider managing the satellite area as a central accumulation area.

While our agency is unable to check the mail as often as normal, please email scanned copies AND mail us your paper documents for:

• Notifications.
• Annual reports.
• Electronic signature agreements.

Email your scanned copies to turbowaste@ecy.wa.gov.

The original document with the wet ink signature(s) must still be mailed to the address at the top of the form. We will verify receipt of documents when normal business activities resume. We will remove any TurboWaste submittals or user rights for any missing documents.

Both the Hazardous Waste Planning and Generation Fee are delayed due to COVID-19.

Hazardous Waste Planning Fee

We have no exact date yet when invoices will go out, but we expect to post the date in June. Dates will be posted here and on the Hazardous Waste Planning Fee page. 

Hazardous Waste Generation Fee

The Hazardous Waste Generation Fee is delayed until the following dates:

• First billing will go out August 3, due on September 2.
• Second billing will go out August 24, due on September 23.

We will allow small quantity generators (SQGs) and medium quantity generators (MQGs) to retain their status, even if the amount of dangerous waste stored on-site exceeds a regulatory threshold because of a generator’s inability to arrange for shipping of dangerous waste due to the COVID-19 outbreak.

If this situation applies to your site, you should:

1. Act responsibly under the circumstances in order to minimize the effects and duration of any noncompliance caused by COVID-19;
2. Identify the specific nature and dates of the noncompliance;
3. Identify how COVID-19 was the cause of the noncompliance, and the decisions and actions taken in response, including best efforts to comply and steps taken to come into compliance at the earliest opportunity;
4. Return to compliance as soon as possible; and
5. Document the information, action, or condition specified in steps a through d (above).

Contact our toxics reduction team today if you need help. We are available to provide technical assistance.