When managing hazardous wastes, it's important to understand the federal and state laws and regulations that govern the disposal process from cradle to grave. Regulations from other topics of environmental compliance also direct management of hazardous materials and wastes, such as oil recycling, clean air, clean water and special rules for individual wastes (for example batteries and pesticide legislation). This section provides an overview of regulations and government agencies that govern hazardous waste management
and related topics.
Source: Local Hazardous Waste Management Program. Local Hazardous Waste Management Plan for King County - Final Plan May 1997, Seattle, WA. pp 3-8 to 3-17
The primary federal legislation addressing solid and hazardous waste management is the Resource Conservation and Recovery Act (RCRA) passed in 1976. It provides a comprehensive framework for managing solid and hazardous waste with the intent of eliminating or minimizing public health threats and contamination caused by these wastes. RCRA was modified with the passage of the Hazardous and Solid Waste Amendments (HSWA) in 1984. An important component of HSWA was a mandate to revise the Criteria for Classification of Solid Waste Disposal Facilities and Practices which established minimum technical standards for design and operation of solid waste facilities. This mandate arose, in part, as a result of concerns about the disposal of unregulated quantities of hazardous waste at municipal landfills.
RCRA Subtitle C, the hazardous waste management program, and Subtitle D, the solid waste program, provide the primary sources of federal regulation associated with household and SQG hazardous waste. Subtitle C establishes a framework for managing hazardous waste by regulating (a) generators who produce and accumulate hazardous waste in quantities above limits specified by U.S. Environmental Protection Agency (EPA) or state rules; (b) waste transporters; and (c) treatment, storage and disposal facilities (TSDs) handling the waste.
Hazardous waste generated or stored above the quantity exclusion limits is tracked with a manifest system from its point of generation to its final disposal site, better known as “cradle-to-grave” tracking. Business or institutional generators producing and storing hazardous wastes below the limits are not fully regulated, provided that they comply with certain rules specified by EPA or the state regarding designation and management of wastes, and reporting. HHW is categorically exempt from RCRA regulation.
EPA implements and enforces RCRA, although Subtitle C administration and enforcement may be delegated to states that meet or exceed Subtitle C requirements. The State of Washington has been delegated authority to implement the RCRA Subtitle C program.
Subtitle D of RCRA encourages state-governed solid waste management plans and provides the minimum technical criteria for construction and operation of solid waste disposal facilities. Subtitle D calls for a permit program to help assure that landfills receiving HHW and SQG hazardous waste meet minimum standards to prevent the release of contaminants into the environment.
In 1995, EPA adopted the Universal Waste Rule (40 CFR Part 273), which streamlines regulation of certain hazardous wastes, including specific types of batteries, pesticides, and mercury-bearing thermostats. The rule is intended to reduce regulatory burdens associated with the storage, collection, and transportation of these wastes, and to improve the economics of proper recycling and disposal of these materials. States can adopt any portion of the Universal Waste Rule, which gives them flexibility in regulating these waste streams. The rule also establishes criteria by which states may petition to allow additional wastes of their own without having them added at the federal level. It is expected that by granting an exemption from the full RCRA Subtitle C regulations, waste generators, waste management firms, and other private and public organizations will be encouraged to set up collection and recycling programs for these wastes.
Mercury-Containing and Rechargeable Battery Management Act
In May 1996, the Federal Mercury-Containing and Rechargeable Battery Management Act was enacted, Public Law 104-142. This statute provides for uniform labeling of batteries; requires products operating on rechargeable batteries to allow for easy removal of batteries; streamlines regulation of used nickel-cadmium batteries; and prohibits the sale of mercuric-oxide button cell batteries and alkaline-manganese or zinc-carbon batteries with mercury added. An industry-supported nonprofit organization, the Rechargeable Battery Recycling Corporation (RBRC), was established to educate the public about the benefits and accessibility of rechargeable battery recycling, and to implement recycling programs where none exist. RBRC is assisting local agencies, institutions, retailers, and other businesses in setting up rechargeable battery collection and recycling programs, and is paying for battery shipment and recycling. Batteries are sent to a metals reclamation facility for recovery of nickel, cadmium, and steel.
Comprehensive Environmental Response, Compensation, and Liability Act
One of the most important federal statues governing hazardous waste management is the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), more commonly known as the “Superfund” act. RCRA is designed to prevent hazardous waste releases to the environment by managing those wastes from “cradle-to-grave.” CERCLA complements RCRA by providing for the cleanup of sites contaminated by hazardous waste. In many cases, the sites addressed under CERCLA are inactive or abandoned. Contamination at many of the sites occurred before RCRA was enacted, when little was known about the effects of hazardous waste disposal on human health or the environment. CERCLA provides EPA with the financial resources and authority to clean up contaminated sites. EPA, along with state regulatory agencies may enter into agreements with responsible parties for cleanup, issue orders requiring responsible parties to clean up contaminated sites, or directly perform cleanup themselves.
Superfund and state-listed contaminated sites are discussed further on pages 3-55 through 3-57.
In 1986, the Superfund Amendments and Reauthorization Act (SARA) was passed. Title III of SARA is a legislative program known as the Emergency Planning and Community Right-to-Know Act. Title III established requirements related to emergency planning notification, emergency release notification, and reporting of chemical releases for community right-to-know.
Other federal legislation that influences hazardous waste management includes:
the Hazardous Materials Transportation Act, and the Hazardous Materials Transportation Uniform Safety Act, which regulate the transportation of hazardous materials, including wastes
the Toxic Substances Control Act, which regulates the manufacture, distribution, use processing, and disposal of chemical substances and mixtures posing unreasonable risks of injury to human health or the environment
the Federal Insecticide, Fungicide and Rodenticide Act, which regulates the manufacture, use and application of pesticides
the Safe Drinking Water Act, which sets maximum contaminant levels for drinking water supplies, including surface and groundwater sources
the Clean Air Act, which regulates air pollutant emissions (A new federal rule, effective March 12, 1996, establishes standards of performance for new municipal solid waste landfills and emission guidelines for existing landfills. Control of emissions of methane and other organic compounds is the focus of this rule), and
the Clean Water Act, which regulates discharges to waters through: (a) the National Pollutant Discharge Elimination System (NPDES), a permit program that regulates direct discharges of pollutants to navigable waters, and (b) pretreatment standards that regulate discharges to publicly-owned treatment facilities
EPA has delegated authority to the Washington State Department of Ecology for issuing NPDES permits in the State of Washington. These permits are issued to all facilities that discharge wastewater directly into surface waters. Locally, all sewage treatment plants have NPDES permits. Permit conditions specify allowable effluent concentrations, including limitations for certain priority pollutants such as heavy metals.
Solid and hazardous wastes are regulated in Washington State through a variety of statues and regulations. The primary statues governing solid and hazardous waste management are the Solid Waste Management Act (SWMA) - Chapter 70.95 Revised Code of Washington (RCW), and the Hazardous Waste Management Act (HWMA) - Chapter 70.105 RCW.
The Solid Waste Management Act
Solid waste handling and disposal are regulated under the SWMA. This law provides for the development of a statewide solid waste management plan and local solid waste management plans, establishes minimum functional standards for solid waste handling and disposal, and criteria for siting of solid waste facilities. The statute establishes a waste management hierarchy where waste reduction and recycling are the most preferred management options, while land disposal is least preferred.
Although the SWMA does not comprehensively address HHW or SQG hazardous waste management, it does establish a system promoting the recycling of used vehicle batteries. Under the SWMA (RCW 70.95.610-670), disposal of vehicle batteries is prohibited. When retailers sell new auto batteries, they are required to accept used vehicle batteries for recycling. Purchasers are encouraged to return their used batteries to retailers, since a five-dollar minimum core charge is applied when new batteries are sold.
The HWMA regulates the transport, treatment, storage and disposal of hazardous waste. The statute requires the development of the following:
a comprehensive, statewide hazardous waste management plan, and local hazardous waste management plans
dangerous waste regulations that address all components of hazardous waste generation, handling and disposal
criteria for siting hazardous waste management facilities, and
locally designated areas that meet the siting criteria; the designated areas must be zoned or otherwise identified to allow siting of future hazardous waste management facilities.
The Washington State Department of Ecology has promulgated rules implementing the HWMA. The Dangerous Waste regulations - Chapter 173-303 Washington Administrative Code (WAC) address the designation of dangerous wastes, and requirements for generations, transporters, and facilities handling or managing these wastes. The Dangerous Waste Regulations are amended from time to time to improve the hazardous waste management system, to streamline requirements, and to incorporate certain federal rules adopted under RCRA. In November 1995, for instance, an amendment to the Dangerous Waste Regulations allowed SQGs to accumulate up to 2,200 pounds of dangerous waste, rather than 220 pounds which had been the previous limit.
Since the 1990 Plan was adopted, a number of actions, including changes under the Dangerous Waste Regulations, have allowed generators to move from the ranks of large or medium quantity hazardous waste generators to those of SQGs. For instance, increasing the accumulation limit, as noted above, allowed businesses that had previously been regulated (because they stored between 220 pounds to 2,200 pounds of hazardous waste) to drop down to SQG status.
Similarly, changes to definition of what is “counted” as a hazardous waste affect generators’ regulatory status. For instance, waste antifreeze is no longer counted as a hazardous waste when best management practices (such as recycling) are used. Although changes to regulatory definitions help some businesses and institutions lower their waste generator status, many generators accomplish this by reducing their production of hazardous waste as a result of pollution prevention planning and technical assistance.
Similar to the SWMA, the HWMA establishes a waste management hierarchy. In descending order of preference, the waste management priorities are:
waste reduction
recycling
physical, chemical and biological treatment
incineration
solidification/stabilization treatment, and
landfilling
Local governments are responsible for regional planning, implementation, and certain enforcement activities under the SWMA and HWMA. They are required to develop solid waste and local hazardous waste management plans that identify regional waste management needs and provide a long-term program for meeting those needs. Local governments maintain the bulk of regulation and enforcement responsibilities for solid waste management including activities related to facility siting, permitting, and inspections. In addition, local governments, as well as hazardous and solid waste management firms, provide waste collection transfer, recycling, and disposal services for their communities.
Since HHW and SQG hazardous wastes are specifically excluded from full hazardous waste regulation, the control of these wastes falls primarily to local governments. This Plan responds to the requirement under the HWMA that counties, cities, and towns develop local hazardous waste management plans to address HHW and small quantities of hazardous wastes produced by businesses and institutions.
The Model Toxics Control Act, Chapter 70.105D RCW, provides for the identification and cleanup of hazardous waste sites in Washington State. The act assigns liability to certain parties for damages to the environment and human health, provides enforcement authority for the Department of Ecology, and establishes penalties for failure to comply with Ecology orders. The program is funded by a 0.7 percent tax on the wholesale value of hazardous materials. The statute also created the state and local toxics control accounts. The state account funds state hazardous and solid waste planning, enforcement and technical assistance, remedial actions, public education, and emergency response training. The local account provides grants to local governments for remedial actions and local solid waste and hazardous waste programs. Remedial sites in Washington State are discussed further on pages 3-55 through 3-57.
Another law which affects HHW management is the Used Oil Recycling Act - Chapter 70.95I RCW, passed in 1991. That act required each local hazardous management plan to include a used oil recycling element. This element must include:
a plan for establishing used oil collection sites based on local goals
a plan for enforcing sign and container ordinances; Chapter 70.95I RCW requires that retailers of lubricating oil and vehicle oil filters post and maintain signs informing the public about oil recycling and where collection sites are located
a plan for educating the public on used oil recycling, and
an estimate of funding needed to implement the used oil recycling element
Local governments are also required by the statute to submit annual reports to Ecology describing the number of collection sites in operation and amounts of used oil collected from households. Requirements for transport, treatment, recycling and disposal of used oil are also specified in the Used Oil Recycling Act.
In response to this law, the LHWMP prepared a used oil recycling element in 1993 to supplement the 1990 Plan. The LHWMP also prepares annual reports describing the numbers and locations of private and public used motor oil collection sites, and estimated quantities of used oil received from household sources. Used motor oil collection in King County is described further on pages 3-29 through 3-35.
Numerous local governmental agencies have regulatory authority which affects the handling and disposal of HHW and SQG hazardous waste. This section identifies key agencies and their roles in managing these waste streams.
Seattle-King County Health Department
The Seattle-King County Department of Public Health (Health Department) is responsible for enforcing state public health statutes, rules and regulations of the State Board of Health, as well as local health rules and regulations. The Health Department has broad authority to adopt regulations pertaining to hazardous waste as it affects public health, including authority to regulate disposal of HHW and SQG hazardous waste. Among its responsibilities, the Health Department issues operating permits to solid waste facilities and inspects those facilities, and reviews waste screening and disposal of special or problem wastes at local facilities. Another responsibility assigned to the Health Department is permitting and inspection of on-site sewage systems upon installation or sale of property.
Title 10 of the Code of the King County Board of Health establishes specific rules regarding hazardous wastes and solid wastes. For instance, under Board of Health Code 10.28.050, HHW such as banned and restricted pesticides, wood preservatives, and used motor oil are specifically prohibited from disposal in municipal solid waste systems, public sewer systems, onsite sewage systems, on land, or in surface or ground waters.
King County Code 10.08.050 prohibits the disposal of hazardous wastes from SQGs or fully-regulated generators at solid waste transfer and disposal facilities. The Cedar Hills Regional Landfill does accept “special wastes” as defined by public rules promulgated by King County. These special wastes are wastes that are either a disposal problem or wastes that are approved for landfill disposal by the Health Department (e.g., asbestos, or contaminated soil).
The King County transfer facilities and landfills will accept some HHW types for disposal as municipal solid waste, although motor oil, oil-based paints, wood preservatives, vehicle batteries and banned or restricted-use pesticides are not accepted. Although the county facilities may receive certain types of HHW, the public is encouraged to use up all hazardous household products, or otherwise dispose of these materials through HHW facilities or special collection events.
Waste screeners are used at both the transfer facilities and the landfill to remove hazardous and other unacceptable wastes from the municipal solid waste stream before it is landfilled. Based on King County Code 10.08.100, the Solid Waste Division has the authority to impose fines and penalties for violations of regulations.
Seattle Municipal Code 21.36.025 prohibits HHW and SQG hazardous wastes from being disposed in any commercial or residential garbage container. The code specifically prohibits the following HHW from disposal in the municipal solid waste system: nonedible oils; flammable liquids and solids including fuels, solvents, paint thinners, and degreasers; pesticides, including herbicides, insecticides and wood preservatives; corrosive materials; PCB capacitor and ballasts; mercury (such as thermometers and mercury switches); vehicle batteries; hobby chemicals and artists’ paints; and liquid paints. Empty containers for hazardous household products may be discarded as refuse. The code calls for HHW to be disposed of at special collection facilities and/or events designated by the city. SQG hazardous wastes must be managed according to the provisions of Chapter 173-303 WAC (the State Dangerous Waste Regulations).
At its transfer facilities, Seattle uses staff to screen wastes to help prevent the disposal of hazardous and other unacceptable wastes into the municipal solid waste system. Similarly, Washington Waste Systems’ staff screen loads arriving at the Columbia Ridge Landfill in Arlington, Oregon.
As described on page 3-3, the King County Wastewater Treatment Division manages the sewerage system for most of urbanized portions of the county. The remaining wastewater is managed by eight smaller sewer districts and cities.
Each facility operates under an NPDES permit issued by the state, which governs the quality of effluent allowed to be discharged to surface waters. To meet NPDES permit conditions, King County regulates the discharge of significant quantities of wastewater and materials that could adversely affect the collection system, the sewage treatment plants, its workers, or the environment.
The county issues pretreatment permits to significant industrial users of its system and issues discharge authorizations (less detailed than permits) to smaller businesses that discharge potentially problematic wastes to the sewer (King County Code 28.84.060). The county also sets local limits for such contaminants as heavy metals, fats/oils/greases, and organic chemicals. To obtain a waste discharge permits, the permit holder may be required to install pretreatment facilities or make plant or process alterations to meet applicable requirements. Requirements imposed by wastewater management agencies include prohibitions on disposal of certain hazardous substances, or limitations on disposal of specific substances such as food wastes, septic tank wastes, and other materials.
King County prohibits the discharge of the following contaminants, among others, into stormwater or storm drains within its jurisdiction (King County Code 9.12.025): petroleum products including oil and gasoline, antifreeze, metals, acids or alkalies, paints, degreasers, solvents, drain cleaners, pesticides, or “any hazardous material or waste not listed above.” The county’s Water and Land Resources Division responds to water quality complaints concerning discharges of problem materials into drainage systems within its jurisdiction and provides technical assistance to businesses on drainage quality issues.
Seattle and suburban cities each have local ordinances that prohibit or regulate the discharge of hazardous substances to sanitary sewers or drainage systems within their jurisdictions. Language in the local regulations often mirrors that in the King County codes referenced above. Some cities such as Renton and Redmond have also enacted aquifer protection ordinances with strict provisions affecting use, storage, and disposal of hazardous materials within sensitive aquifer recharge areas in each city. Some of the larger cities, such as Seattle and Bellevue, offer technical assistance to businesses for drainage issues. Bellevue has a very active stormwater source control program, including a recognition and incentive program called “Bellevue Partners for Clean Water.”
City fire departments and fire districts require safe handling and use of hazardous materials in their respective jurisdictions. The agencies provide inspection, compliance, and enforcement services under national, state, and local codes and regulations. A number of articles in the Uniform Fire Code (UFC), especially articles 79 and 80, set multiple and very specific requirements regarding storage and use of hazardous materials, safety equipment and features, and procedures either mandated or prohibited. Cities and fire districts can have their own local codes which may vary from city to city or district. These local codes are based upon the UFC, but typically reflect the special needs of the city or district. In most instances, these local codes can be more stringent than the UFC provisions.
The Puget Sound Clean Air Agency (PSCAA) is a regional government agency that enforces federal, state, and local air quality standards, laws, and regulations in King County and neighboring counties. Several issues of concern for the protection of air quality coincide with interests of the LHWMP for proper hazardous waste management. Such issues include release of volatile organic compounds (VOCs, such a solvents) to the air from painting, refinishing, and other activities; and incidental releases of vapors of materials that otherwise would have to be managed as a hazardous waste. To help minimize the release of pollutants to the air, PSCAA requires use of high volume, low pressure equipment in spray coating operations in autobody, fiberglassing, and aerospace industries; and use of low VOC solvents or the capture/containment of high VOC solvents.
PSCAA also regulates projects and activities involving asbestos. PSCAA regulations define requirements for asbestos surveys in renovation and demolition projects; project notification; asbestos removal procedures; and disposal requirements for asbestos-containing waste materials. The LHWMP is not directly involved in asbestos management.
State and federal regulations govern exposure to hazardous chemicals, and require employees be provided with hazardous substance training and information under “worker right-to-know” laws. This training is required through the Occupational Safety and Health Act (OSHA) via the Washington Industrial Safety and Health Act (WISHA). These acts require proper labeling of hazardous materials and making information available to workers on the potential dangers associated with exposure to hazardous materials.
Workers handling hazardous wastes, including those working at HHW collection sites, are required to undergo health and safety and hazard communication training. Hazardous waste transporters are also required by the U.S. Department of Transportation to provide safety and regulatory training for their employees.
Local operators of solid waste and wastewater facilities are required to train their employees in worker right-to-know requirements, blood borne pathogens, hazardous materials awareness, and asbestos awareness. Additional training may include hearing conservation, use of protective equipment, CPR, and first aid.
Garbage haulers are required to have worker right-to-know and bloodborne pathogen training. These personnel are also provided with appropriate training and equipment for health and safety purposes.
