HomeMy WebLinkAboutord1990-056WHATCOM COUNTY COUNCIL AGENDA BILL NO.
90 -179
CLEARANCES' Initial Date Date Received in Council Office: Agenda Date: Assigned To:
Originator- 5/22/90 Coun i 1 /Intro
Division Head- 6/5/90 Council/Hearing.
Department Head- 6/15/90 HBAC review
Prosecutor Review- 6/26/90 Finance/Council
Purchasing/Budget Dir.-
Executive-
SUBJECT.
Ordinance amending Whatcom County Health Department Regulations, adding a new section
(Title 24.08) to address inert waste and demolition waste landfill requirements
ATTACHMENTS:
Ordinance
Public Hearing Needed? Yes /!y No
6/5/90
SUMMARY STATEMENT.'
The ordinance was developed by Dave Bader and Joni Hensley of the Health Department, and
has been reviewed and approved by the Health Board Advisory Committee.
The regulations are the first of their kind in the state.
RECOMMENDED ACTION.'
6 /5:Health Board Advisory Committee recommended that the ordinance be approved, pending the
outcome of the public hearing.
6/26: HBAC recommends adoption of the ordinance (version dated 6/13/90)
COMMITTEE ACTION (including dates):
6/15: HBAC reviewed public hearing testimony, adopted some changes (see changes indicated
in draft dated 6/13/90), recommended revised ordinance for adoption.
COUNCIL ACTION (including dates):
6/5/90: Following public hearing, Council returned document to HBAC for review of comments.
6/26/90 Amended ordinance adopted 7 -0
Related File Numbers: A810 -139 Ordinance or Resolution Number: 0 90 -56
1 demorule.ord INTRODUCED BY: Warner
2 AMENDED 6/26/90 PROPOSED BY: HBAC /Health Dept.
3 DATE: May 22, 1990
4 ORDINANCE NO. 90 -56
5 AMENDING WHATCOM COUNTY HEALTH DEPARTMENT
6 REGULATIONS, ADDING A NEW SECTION (TITLE 24.08) TO ADDRESS
7 INERT WASTE AND DEMOLITION WASTE LANDFILL REQUIREMENTS
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WHEREAS, regulations are needed to address inert waste and
demolition waste landfill requirements; and
WHEREAS, the intent of such regulations would be to guide
the approval and permitting process of demolition facilities, and
to limit demolition facilities to appropriate locations; and
WHEREAS, the Whatcom County Health Board Advisory Committee
has reviewed the amendments listed herein and recommends that
they be adopted;
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council
that a new section be created in the Whatcom County Health
Department Rules and Regulations, as indicated in Exhibit A to
this Ordinance.
ADOPTED this 26th day of June, 1990.
ATTEST:
/6<-)
Ramona Reeves, Council Clerk
APPROVED-AS TO FORM:
Civil Deputy Prosecutor
WHATCOM COUN�COUN
bald G..�Kanoey, Chairyfan
(4 APPROVED ( ) VETOED
�LL U g�,L
Shirley Van Zant , Executive
ba+e: � -27 -90
DEMORULE.ORD, 6/13/90, Page 1
1 EXHIBIT A TO ORDINANCE NO. 90 -56
2 24.08
3 DEMOLITION AND INERT LANDFILL REGULATIONS
4 24.08.010 - Authority and Purpose.
5 This regulation is promulgated under the authority of Washington
6 Administrative Code (WAC) 173 -304 to protect Public Health, to
7 prevent land, air, and water pollution, and to conserve the
8 State's natural, economic, and energy resources.
9 24.08.020 - Applicability.
10 These regulations apply to all facilities utilized for the
11 disposal of demolition and inert waste materials as defined, if
12 in excess of 2,000 cubic yards on the property of origin or any
13 quantity transported to another parcel of land.
14 24.08.030 - Permit Requirements.
15 Owners or operators of inert waste and demolition waste landfills
16 shall obtain a permit, as set forth in WAC 173- 304 -600 from the
17 Whatcom County Health Department, (hereafter "Health Depart -
18 ment ").
19 24.08.040 - Definitions.
20 "Facility" - All contiguous land (including buffer zones) and
21 structures, other appurtenances, and improvements on the land
22 used for solid waste handling.
23 "Demolition Waste" - Solid waste, which mostly is considered
24 inert, resulting from demolition, razing, or construction of
25 buildings, roads and other man -made structures. Demolition waste
26 consists of, but is not limited to, concrete, and brick, bitumin-
27 ous concrete, masonry, milled lumber (treated and untreated),
28 stumps, incidental plaster and sheet rock when less than 25
29 percent by volume of the delivered load, composition roofing,
30 roofing paper, steel, and minor amounts of other metals like
31 copper.
32 "Non- Demolition Waste" - Materials not considered to be demoli-
33 tion waste for the purposes of this regulation include but are
34 not limited to:
35 A) Significant concentrations, in excess of 25 percent by volume
36 of delivered load, of plaster (i.e., sheetrock or plaster board)
37 or any material, other than wood, likely to produce gases or a
38 leachate during the decomposition process (considered solid
39 waste) .
DEMORULE.ORD, 6/13/90; Page 2
1 B) Asbestos wastes (regulated by CFR 40).
2 C) Clean concrete and asphalt from the demolition of road
3 surfaces which meet engineering criteria for fill and grade
4 purposes is considered fill and not regulated as solid waste.
5 "Inert waste" - Noncombustible, non - dangerous solid wastes that
6 are likely to retain their physical and chemical structure under
7 expected conditions of disposal, including resistance to biologi-
8 cal attack and chemical attack from acidic (ph 5.0).rain and
9 ground water.
10 "Drainage layer" - The porous stratum used to direct the flow of
11 leachate from the deposited material. Deposited demolition
12 material may be utilized as a drainage layer.
13 "Base" - The point at which the soil interfaces with the drainage
14 layer.
15 Other terms to be used as defined by WAC 173 - 304 -100.
16 24.08.050 - Effective Dates.
17 All facilities shall be in compliance with the Plan of Operation
18 and Environmental Site Monitoring Control sections within.30 days
19 of adoption of these Regulations. All new or expanded facilities
20 shall be in full compliance with these Regulations.
-11 24.08.060 - Location and Design Standards.
22 A. Slope.
23 1. No facility's active area shall be located on any
24 hill having an unstable slope.
25 2. The base of the landfill must have a uniform
26 minimum of two percent slope to avoid standing water.
27 This may be reduced with supporting engineering docume-
28 ntation.
29 3. The slope is not to exceed 33 percent.
30 B. No facility's active area shall be located within 100 feet
31 of property boundaries except that this distance may be reduced
32 to no less than 50 feet if a treed or other buffer strip is
33 maintained which is capable of obstructing ground level views of
34 the operation from adjacent properties or if the site is within
35 heavy industrial zoning boundaries.
36 C. Surface Water. No facility's active area will be located
37 within 100 feet upgradient or 50 feet downgradient of non- inter-
38 mittent surface water.
DEMORULE.ORD, 6/13/90, Page 3
1 D. Rain Water Run -On /Run -Off Controls.
2 1. Surface water run -off from the site shall be controlled
3 and directed to specified discharge location(s). The drain -
4 age plan must have the approval of the Whatcom County En-
s gineering Division.
6 2. Surface water run -off controls will be designed to
7 control erosion and siltation.
8 E. No facility's active area shall be permitted within the
9 following setback distances from .a water well which is existing
10 at the time of application receipt by the Health Department.
11 1. 100 feet from an up- gradient private water well.
12 2. 200 feet from an up- gradient public water supply well.
13 3. 1,000 feet from any down - gradient drinking water well
14 unless it can be demonstrated to be no less than 90 day travel
15 time hydraulically to the nearest down - gradient well in the upper
16 most aquifer.
17 F. Facility's active areas, which are not located within heavy
18 industrial zones, shall be designed to be consistent with the
19 surrounding topography upon final.closure. A site topography
20 survey shall be provided.
21 G. Soils.
22 1. The active area must be located on a natural soil base
23 which meets the following performance standards except that
24 an engineered bottom liner meeting the specifications will
25 be acceptable.
26 2. A minimum of two soil log holes per acre spaced no
27 closer than 100 feet shall be developed to a minimum
28 depth of six feet below the proposed base and logged by
29 a licensed soils Engineer /Geologist to determine the
30 consistency of the site soils.
31 3. The soil stratum shall meet an infiltration rate
32 equivalent to a saturated soil permeability of 10 to
33 the minus five cm /sec, extending from a point of leach -
34 ate generation to the point at which the leachate
35 leaves the property. The undisturbed soil base must.be
36 a minimum of two feet in depth or an engineered e-
37 quivalent. This layer must be located directly below
38 the drainage layer.
39 H. Leachate run -off shall be controlled within the drainage
DEMORULE.ORD, 6/13/90, Page 4
1 layer and directed to specified discharge locations. This drain -
2 age plan must have the approval of the Whatcom County Engineering
3 Division.
4 I. The design plan shall anticipate that demolition landfills
5 shall be closed by leveling the wastes to the extent practical
6 and by filling any voids posing a physical hazard for persons
7 after closure and creating an aesthetic appearance. A minimum of
8 one foot of compacted soil cover shall be used as a closing cover
9 and shall be graded and seeded to protect against erosion and
10 standing water. A design plan shall include:
11 1. A discussion of final cover requirements and
12 availability of materials, including projected closure
13 cost estimates is required.
14 2. A projection of final closure topography must be
15 submitted.
16 24.08.070 - Plan of Operation.
17 A plan of operation is to be developed by a professional engineer
18 which incorporates the use of limited active areas and includes
19 discussions of the following:
20 A. On -Site Material. Handling. Discuss how the material will be
21 handled on -site, including site filling progression and discus -
22 sion of intermediate cover and availability.
13 B. Handling Combustibles. Timbers, wood and other combustible
24 waste shall be covered as needed during the summer months to
25 avoid fire hazard.
26
C. Dust control. Owners
or operators
of inert wastes and
27
demolition landfills shall
employ measures to prevent emission of
28
fugitive dusts, when weather
conditions
or climate indicate that
29
transport of dust off -site
is liable to
create a nuisance.
30
Preventive measures include
watering of
roads and covering.
31 D. Monitoring and Sampling. Discuss monitoring and sampling
32 techniques to be used for required environmental monitoring
33 controls, with provision of a corrective action program if sur-
34 face or groundwater contamination is detected.
35 E. Safety Plan. Provide a.safety plan for employee personnel,
36 including provisions for communications to emergency responders
37 for fire and /or injury.
38 F. Record Keeping. Make provisions for:
39 14 Describing the method used to determine and record
40 weights and volumes.
DEMORULE.ORD, 6/13/90, Page 5
1 2. Maintaining daily operating records on weights or
2 volumes, number of vehicles entering and, if available,
3 the types of wastes received.
4 3. Notification of major deviations from the plan of
5 operation.
6 4. Daily inspection logs.
7 5. The details of load inspections and steps to take
8 if unacceptable material is found deposited on site.
9 G. Reporting. Each owner or operator shall prepare and submit
10 a copy of an annual report to the Health Department by March 1 of
11 each year.
12 1. Owners or operators of inert wastes and demolition
13 landfills shall meet the requirements of WAC 173 -304-
14 405(6), regarding recording with the County Auditor.
15 H. Owners or operators of inert waste or demolition waste other
16 than landfills shall not accept any form of waste other than
17 inert and demolition waste. In the event unacceptable waste is
18 inadvertently received the operator shall provide for on -site,
19 weatherproof, containerized storage for unacceptable solid waste
20 prior to disposal in an approved solid waste facility.
21 I. Owners or operators of inert waste and demolition waste
22 landfills shall prevent unauthorized disposal during off -hours by
23 controlling entry (i.e., lockable gate or barrier) when the
24 facility is not being used.
25 24.08.080 - Environmental Site Monitoring Controls.
26 A. Surface Water Monitoring.
27 All facilities shall monitor, prior to initial deposition and
28 thereafter on a quarterly basis, the approved upgradient point(s)
29 and all downgradient discharge surface water point(s) for the
30 following parameters or as specified by the Health Department.
31 Sampling techniques, preservation and transport shall be as
32 defined in the plan of operation.
33 1. Conductivity;
34 2. pH;
35 3. Temperature;
36 4. Total Organic Carbon;
DEMORULE.ORD, 6/13/90, Page 6
1 5. Iron, dissolved;
2 6. Lead, dissolved;
3 7. Chromium, dissolved;
4 8. Zinc, dissolved;
5 9. Copper, dissolved;
6 10. Poly Aromatic Hydrocarbons *;
7 11. BTX *;
8 12. Phenol scan *;
9 13. BOD;
10 14. Sulfate;
11 *To be tested initially and once annually thereafter or
12 as specified by Health Department.
13 B. Reporting of Sample Results.
14 1. Sample Results: Sample results received from the
15 testing lab (raw data) must be forwarded to the Health
16 Department upon receipt. Data interpretation must be
�7 developed and submitted within 30 days following recei-
_L8 pt of the raw data.
19 2. Test methods used to detect parameter values shall
20 be EPA Publication Number SW -846, Test Methods for
21 Evaluating Solid Waste - Physical /Chemical Methods.
22 3. The owner or operator shall use a statistical
23 procedure for determining whether a significant change
24 over background has occurred. The Health Department
25 will approve such a procedure.
26 4. Upon determining that a statistically significant
27 increase in parameter values exists at any sample
28 location, the owner or operator must:
29 a. Notify the Health Department of the
30 finding in writing within seven days of
31 receipt of the sampling data. The notifica-
32 tion must indicate what parameters have shown
33 statistically significant increases.
34 b. Immediately resample the water in all
DEMORULE.ORD, 6/13/90, Page 7
1 sampling locations and determine the con -
2 centration of all constituents listed, and
3 additional constituents identified in the
4 permit and whether there is a statistical
5 significant increase such that the water
6 performance standard has been exceeded, and
7 notify the Health Department within fourteen
8 days of receipt of the sampling data.
9 5. The Health Department may require corrective
10 action programs including facility closure if -the
11 performance standard of WAC 173 - 304 -460 (2) (a) is
12 exceeded and, in addition, may revoke any permit and
13 require reapplication under WAC 173 - 304 -600.
14 C. Corrective Action.
15 An owner or operator required to establish a corrective action
16 program under this section must at a minimum, with the approval
17 of the Health Officer:
18 1. Implement a corrective action program that reduces
19 contamination limits at the compliance point by
20 removing the constituents, treating them in place, or
21 other remedial measures.
22 2. Begin corrective action according to a written
23 schedule after a statistically significant increase has
24 been confirmed.
25 3. Terminate corrective action measures once the
26 concentrations of constituents were reduced to levels
27 below the limits under WAC 173 - 304- 460(2)(a).
28. 24.08.090 - Ground Water Monitoring.
29 All facilities proposing to exceed or exceeding 300,000 cubic
30 yards shall install a ground water monitoring system (as
31 described in WAC 173 - 304 -490) in the uppermost aquifer and all
32 hydrologically connected aquifers. The monitoring system is to
33 include, at a minimum, one upgradient and three downgradient
34 monitoring wells.
35 A. Reporting of Sample Results. Sample results received from
36 the testing lab (raw data) must be forwarded to the Health
37 Department upon receipt. Data interpretation must be developed
38 and submitted within 30 days following the receipt of the raw
39 data.
40 B. Ground Water Monitoring Requirements.
41 1. The ground water monitoring system must consist of
DEMORULE.ORD, 6/13/90, Page 8
1 at least one background or upgradient well and three
2 down gradient wells, installed at appropriate locations
3 and depths to yield ground water samples from the
4 uppermost aquifer and all hydraulically connected
5 aquifers below the active portion of the facility. The
6 ground water monitoring system must:
7 a. Represent the quality of background
8 water that has not been affected by leakage
9 from the active area; and
10 b. Represent the quality of ground water
11 passing the point of compliance. Additional
12 wells may be required by the Health
i3 Department in complicated hydrogeological
14 settings or to.define the extent of
15 contamination detected.
16 2. All monitoring wells must be encased in a manner
17 that maintains the integrity of the monitoring well
18 bore hole. The casing must allow collection of
19 representative ground water samples. Wells must be
20 constructed in such a manner as to prevent
21 contamination of the samples, the sampled strata, and
22 between aquifers and water bearing strata and in
23 accordance with WAC 173 -160. Minimum Standards for
24 Construction and Maintenance of Water Wells.
25 3. The ground water monitoring program must include at a
6 minimum, procedures and techniques for:
27 a. Decontamination of drilling and sampling
28 equipment;
29 b. Sample collection;
30 C. Sample preservation and shipment;
31 d. Analytical procedures and quality
32 assurance;
33 e. Chain of custody control;
34 f. Procedures to ensure employee health and
35 safety during well installation and
36 monitoring.
37 4. All facilities shall test for the following parameters:
38 a. Conductivity;
39 b. pH;
DEMORULE.ORD, 6/13/90, Page 9
1
C. Temperature;
2
d. Total Organic Carbon;
3
e. Iron, dissolved;
4
f. Lead, dissolved;
5
g. Chromium, dissolved;
6
h. Zinc, dissolved;
7
i. Copper, dissolved;
8
j. Poly Aromatic Hydrocarbons *;
9
k. BTX *;
10
1. Phenol scan *;
11
M. BOD;
12
n. Sulfate;
13
5. The Health Department may specify additional or
14
fewer constituents depending upon the nature of the
15
waste.
16
6. Test methods used to detect parameter values of
17
(4) of this subsection shall be EPA Publication Number
18
SW -846, Test Methods for Evaluating Solid Waste -
19
Physical /Chemical Methods.
20
7. The ground water monitoring program must include a
21
determination of the ground water surface elevation
22
each time ground water is sampled.
23
8. The owner or operator shall use a statistical procedure
24
for determining whether a significant change over background
25
has occurred. The Health Department will approve such a
26
procedure.
27
9. The owner or operator must determine ground water
28
quality at each monitoring well at the compliance point
29
at least quarterly during the life of an active area
30
(including the closure period) and the post- closure
31
care period. The owner or operator must express the
32
ground water quality at each monitoring well in a form
33
necessary for the determination of statistically
34
significant increases.
DEMORULE.ORD, 6/13/90, Page 10
1
10. The owner or operator must determine and report
2
the ground water flow rate and direction in the
3
uppermost aquifer at least annually.
4
11. Upon determining that a statistically significant
5
increase in parameter values exists at any monitoring well,
6
the owner or operator must:
7
a. Notify the Health Department of the.finding in
8
writing within seven days of receipt of the sampling
9
data. The.notification must indicate what parameters
10
have shown statistically significant increases;
11
b. Immediately resample the ground water in all
12
monitoring wells. Determine the concentration of all
13
constituents listed in the definition of contamination
14
in WAC 173 - 304 -100 including additional constituents
15
identified in the permit. Note whether there is a
16
statistically significant increase such that the ground
17
water performance standard has been-exceeded, and
18
notify the Health Department within fourteen days of
19
receipt of the sampling data.
20
12. The Health Department may require corrective action
21
programs including facility closure if the performance
22
standard of WAC 173 - 304 -460 (2)(a) is exceeded and, in
23
addition, may revoke any permit and require reapplication
24
under WAC 173 - 304 -600.
25 C.. Corrective action program.
26 An owner or operator required to establish a corrective action
27 program under this section must, at a minimum with the approval
28 of the Health Officer:
29 1. Implement a corrective action program that reduces
30 contamination and if possible prevents constituents from
31 exceeding their respective concentration limits at the
32 compliance point by removing the constituents, treating them
33 in place, or other remedial measures.
34 2. Begin corrective action according to a written schedule
35 after the ground water performance standard is exceeded.
36 3. Terminate corrective action measures once the
37 concentrations of constituents are reduced to levels below
38 the limits under WAC 173 - 304 -460 (2)(a).
39 24.08.100 - Closure and Post - Closure Requirements.
40 A. Closure Procedures.
DEMORULE.ORD, 6/13/90, Page 11
1 1. Each owner and operator shall notify the Health
2 Department of the intent to implement the closure plan in
3 part or whole, no later than one hundred eighty days prior
4 to the projected final receipt of waste at the entire
5 facility unless otherwise specified in the closure plan.
6 2. The owner or operator shall commence implementation of
7 the closure plan in part or whole within thirty days after
8 receipt of the final volume of waste and /or attaining the
9 final landfill elevation at part of or at the entire
10 facility as identified in the approved facility closure plan
11 unless otherwise specified in the closure plan.
12 3. Waste shall not be accepted for disposal or for use in
13 closure except as identified in the closure plan approved by
14 the Health Department, as required in subsection (B)(1) of
15 this section.
16 4. When facility closure is completed in part or whole,
17 each owner and operator shall submit the-following to the
18 Health Department:
19 a. Facility closure plan sheets signed by a
20 professional engineer registered in the State of
21 Washington and modified as necessary to represent as-
22 built changes to final closure construction as approved
23 in the closure plan.
24 b. Certification by the owner or operator, and a
25 professional engineer registered in the State of
26 Washington that the site has been closed in accordance
27 with the approved closure plan.
28 5. The Health Department shall notify the owner or
29 operator of the date when the facility post- closure period
30 has begun which period shall commence when the Health
31 Department has verified the facility has been closed in
32 accordance with the specifications of the approved closure
33 plan and the closure requirements of this section.
34 B. Post - closure performance standard. Each owner or operator
35 shall provide post- closure activities to allow for continued
36 facility maintenance and monitoring of air, land, and water for
37 as long as necessary for the facility to stabilize and to protect
38 human health and the environment.
39 1. Each owner or operator shall develop, keep and abide by
40 a post- closure plan approved as a part of the permitting
41 process in WAC 173 - 304 -600. The post- closure plan shall
42 address facility maintenance and monitoring activities for a
DEMORULE.ORD, 6/13/90, Page 12
1 20 -year period or until the site becomes stabilized (i.e.,
2 little or no settlement, gas production or leachate
3 generation) and monitoring of ground water, and surface
4 water, can be safely discontinued.
5 2. The post - closure plan shall project time intervals at
6 which post - closure activities are to be implemented and
7 identify post - closure cost estimates and projected fund
8 withdrawal intervals from the selected financial assurance
9 instrument, where applicable, for the associated post -
10 closure costs.
11 3. Each owner or operator shall not commence disposal
12 operations in any part of a facility until a post - closure
13 plan for the entire facility has been approved by the Health
14 Department.
15 4. Each owner or operator shall complete the post - closure
16 activities in accordance with the approved post - closure plan
17 and schedule. Facility post - closure activities shall be
18 completed in accordance with the approved post - closure plan
19 or the plan shall be so amended with the approval of the
20 Health Department. '
21 5. The Health Department may determine that a facility
22 post- closure plan is invalid and require an owner or
23 operator to amend the facility post - closure plan.
24 a. The Health Department may direct facility post -
s5 closure activities, in part or whole, to cease until
26 the post - closure plan amendment has received written
27 approval by the Health Department.
28 b. When the Health Department determines a facility
29 post - closure amendment is required, the Health
30 Department shall, after consultation with the
31 owner /operator, designate a compliance schedule for
32 submittal of the amendment and its review and approval
33 by the Health Department.
34 C. Post - closure procedures.
35 1. Each owner or operator shall commence post - closure
36 activities after completion of closure activities outlined
37 in subsection A(4)(a) and (b) of this section. The Health
38 Department may direct that post - closure activities cease
39 until the owner or operator receives a notice to proceed
40 with post - closure activities.
41 2. When post - closure activities are complete, the owner or
42 operator shall certify to the Health Department, signed by
43 the owner or operator, and a professional engineer
DEMORULE.ORD, 6/13/90, Page 13
1 registered in the State of Washington stating why post -
2 closure activities are no longer necessary (i.e., little or
3 no settlement, or leachate generation).
4 3. If the Health Department finds that post - closure
5 monitoring has established that the facility is stabilized
6 (i.e., little or no settlement, or leachate generation), the
7 Health Department may authorize the owner or operator to
8 discontinue post - closure maintenance and monitoring
9 activities.
10 24.08.110 - Severability.
11 Should any part of these rules and regulations be declared
12 unconstitutional or invalid for any reason, such declaration
13 shall not affect the validity of the remainder of these rules and
14 regulations.
DEMORULE.ORD, 6/13/90, Page 14
WF COM COUNTY HEALTH DEPARTMENT
Community Health Center — 509 Girard Street
P.O. Box 935
Bellingham, Washington 98227
FRANK E. JAMES, M.D.
Health Officer
TO: Shirley VanZanten, County Executive
FROM: Frank James, M.D.
Y
RE: `� Draft Demolition Regulation
DATE: 3/26/90
Administrative and Clinic
Phone 676 -6720
County 384 -1528
FAX 676 -7646
Environmental Health
Phone 676.6724
County 384 -1565
AIDS Education and
Testing Center
Phone 676 -4593
County 384 -5848
The attach regulations on demolition of inert solid waste were
presented -at the Health Board Advisory Committee meeting on
3/16/90. I strongly recommend the Council adopt a two month
moratorium on any demolition sites pending -adoption of these
regulations. This is necessary to protect the public's health,
safety and welfare.
We will be having a hearing soon, then they will be forwarded to
the County Council.
cc: VDon Hansey
Dan Taylor
PROPOSED AMENDMENTS TO WHATCOM COUNTY HEALTH DEPARTMENT
SOLID WASTE;RULES AND REGULATIONS
STANDARDS AND PERMITS Title 24.06
Inert Waste and Demolition Waste Landfilling Requirements
Intent of Amendments:
1. To expedite inactment of regulations to guide the approval
and permitting process of demolition facilities.
2. To limit demolition facilities to appropriately sited
areas.
WHATCOM COUNTY
DEMOLITION AND INERT LANDFILL REGULATIONS
AUTHORITY AND PURPOSE
This regulation is promulgated under the authority of Chapter 70.95
RCW and 173 -304 WAC to protect Public Health, to prevent land, air,
and water pollution, and to conserve the state's natural, economic,
and energy resources.
APPLICABILITY
These regulations apply to all facilities utilized for the disposal
of demolition and inert waste materials as defined, if in excess
of 2,000 cubic yards on the property of origin or any quantity
transported to another parcel of land.
PERMIT REQUIREMENTS
Owners or operators of inert waste and demolition waste landfills
shall obtain a permit, as set forth in WAC 173- 304 -600 from the
health department.
DEFINITIONS
"Facility" means all continuous land (including buffer zones) and
structures, other appurtenances, and improvements on the land used
i for solid waste handling.
"Demolition waste" means solid waste, which for the most part is
considered inert, resulting from the demolition or razing or
construction of buildings, roads and other man -made structures.
Demolition waste consists of, but is not limited to, concrete, and
brick, bituminous concrete, masonry, wood (treated and untreated)
and stumps, incidental plaster and sheet rock when less than 25%
by volume of the load, composition roofing and roofing paper,
steel, and minor amounts of,other metals like copper.
Materials not considered to be demolition waste for the
purposes of this regulation include but are not limited to:
1) Significant concentrations of plaster (i.e., sheetrock
or plaster board) or any other material, other than wood,
that is likely to, produce gases or a leachate during the
decomposition process (considered solid waste).
2) Asbestos wastes regulated by CFR 40).
3) Clean concrete and asphalt from the demolition of road
surfaces which meet engineering criteria for fill and
grade purposes is considered fill and not regulated as
solid waste.
"Inert waste" means noncombustible, nondangerous solid wastes that
are likely to retain their physical and chemical structure under
expected conditions of disposal, including resistance to biological
attack and chemical attack from acidic (ph 5.0) rainwater and
groundwater.
"Drainage laver" is defined as the porous matrix used to direct the
flow of leachate from the deposited material. Deposited demolition
material may be utilized as a drainage layer.
BE
"Base" is defined as the soil /drainage laver interface.
OTHER DEFINITIONS AS DEFINED BY WAC 173 - 304 -100
EFFECTIVE DATES: All facilities shall be in compliance with the
Plan of Operation and Environmental Site Monitoring Control
sections within 30 days of adoption of these Regulations. All new
or expanded facilities shall be in full compliance with these
Regulations.
LOCATION STANDARDS AND DESIGN STANDARDS FOR DISPOSAL SITES
1) Slope.
a)
No facility's
active area
shall be located on any hill
whose slope
is unstable.
b)
The base of
the landfill must have a uniform minimum of
2% slope to
avoid standing
water. This may be reduced
with supporting engineering
documentation.
C)
The slope is not to exceed
33 %.
2) No facility's active area shall be located within 100 feet of
Property boundaries except that this distance may be reduced
to no less than 50 feet if a treed or other buffer strip is
maintained which is capable of obstructing ground level views
of the operation from adjacent properties or the site is
located within heavy industrial zoning boundaries.
3) No facility's active area will be located within 100 feet
upgradient or 50 feet downgradient of non - intermittent surface
water.
4) Rain water run -on /run -off controls.
a) Surface water run -off from the site shall be controlled
and directed to specified discharge location(s). The
drainage plan must have the approval of the Whatcom
County Engineering Department.
b) Surface water run -off controls will be designed to reduce
or eliminate erosion and siltation.
5) No facility's active area shall be located within 100 feet of
an upgradient drinking water well (200 feet from a Public
Water supply well) or within 1,000 feet of a downgradient
drinking water well unless it can be demonstrated to be no
less than ninety day travel time hydraulically to the nearest
downgradient well in the uppermost aquifer.
6) Facility's active areas, which are not located within heavy
industrial zones, shall be designed to be consistent with the
surrounding topography upon final closure.
a) A site topography survey shall be provided.
7) The active area must be located on a natural soil base which
meets the following performance standards except that an
engineered bottom liner meeting the specifications will be
acceptable.
a) A minimum of 2 soil log holes per acre spaced no closer
than 100 feet shall be developed to a minimum depth of
6 feet below the proposed base and logged by a licensed
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soils Engineer /Geologist to determine the consistency of
the site soils.
b) The soil matrix shall meet an infiltration rate
equivalent to a saturated soil permeability of 10_-"cm/sec
extending the distance of onsite leachate travel. A
natural soil base must be a minimum of two feet in depth
or an engineered equivalent. This layer must be located
directly below the drainage layer.
8) Leachate run -off shall be controlled within the. drainage layer
and directed to specified discharge locations. This drainage
plan must have the approval of the Whatcom County Engineering
Department.
9) Closure. Owners or operators of inert wastes and demolition
landfills shall close the facility by leveling the wastes to
the extent practical and shall fill any voids posing a
physical hazard for persons after closure and to maintain an
aesthetic appearance. A minimum of one foot of compacted soil
cover shall be used to close landfills. The cover shall be
graded and seeded to protect against erosion and standing
water.
a) A discussion of final cover requirements and availability
of materials, including projected closure cost estimates
is required.
b) Pro!ection of final closure topography must be submitted.
PLAN OF OPERATION
A Plan of Operation is to be developed by a Registered Engineer
which incorporates limited active area and includes the following:
1) Discussion of how the material will be handled on -site.
a) Site filling progression.
b) Discussion of intermediate cover and availability.
2) Handling combustibles. Timbers, wood and other combustible
waste shall be covered as needed during the summer months to
avoid fire hazard.
3) Dust control. Owners or operators of inert wastes and
demolition landfills shall employ measures to prevent emission
of fugitive dusts, when weather conditions or climate indicate
that transport of dust off -site is liable to create a
nuisance. Preventive measures include watering of roads and
covering.
4) Discussion of monitoring and sampling techniques to be used
for required Environmental monitoring controls.
a) Provide a corrective action program to take if surface
or goundwater contamination is detected.
5) Provide a safety plan for employee personnel.
a) Include provisions for communications to Emergency
responders for fire and /or injury.
6) Recordkeeping.
a) Description of the method used to determine and record
weights and volumes.
b) Each owner or operator shall maintain daily operating
records on weights or volumes, number of vehicles
entering and, if available, the types of wastes received.
-3-
C) Malor deviations from the Daln of operation shall be
noted.
d) Provide a daily inspection log.
e) Provide the details of load inspections and steps to take
if unacceptable material is found deposited on site.
7) Reporting. Each owner or operator shall prepare and submit
a copy of an annual report to the Health Department by March
1 of each year.
a) Owners or operators of inert wastes and demolition
landfills shall meet the requirements of WAC 173 -304-
405(6), recording with the County Auditor.
8) Owners or operators of inert waste or demolition waste
landfills shall not accept any other form of waste except
inert and demolition waste.
a) Provide for on -site, weatherproof, containerized storaae
for unacceptable solid waste prior to disposal in an
approved solid waste facility.
9) Owners or operators of inert waste and demolition waste
landfills shall prevent unauthorized disposal during off -
hours by controlling entry (i.e., lockable gate or barrier)
when the facility is not being used. (Statutory Authority:
Chapter 43.21A RCW. 85 -22 -013 (Order 85 -18), WAC 173-304 -
461, filed 10/28/85.
ENVIRONMENTAL SITE MONITORING CONTROLS
SURFACE WATER MONITORING
All facilities shall monitor, prior to initial deposition and
thereafter on a Quarterly basis, upgradient and discharge
surface water point(s) for the following parameters or as
specified by the Health Department. Sampling techniques,
preservation and transport shall be as defined in the plan of
operation.
1) Conductivity
2) IDH
3) Temperature
4) Total Organic Carbon
5) Iron, dissolved
6) Lead, dissolved
7) Chromium, dissolved
8) Zinc, dissolved
9) Copper, dissolved
10) Poly Aromatic Hydrocarbons*
11) BTX*
12) Phenol scan*
13) BOD
14) Sulfate
* To be tested initially and once per year thereafter or as
specified by the Health Department.
Reporting of Sample Results
1) Sample Results: Sample results (raw data) received from the
testing lab must be forwarded to the Health Department upon
receipt. Data interpretation must be developed and submitted
within 30 days following receipt of the raw data.
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2) Test methods used to detect the parameters shall be EPA
Publication Number SW -846, Test Methods for Evaluating Solid
Waste- Physical /Chemical Methods except for total coliform
which shall use the latest edition of Standard Methods for the
Examination of Water and Wastewater.
3) The owner or operator shall use a statistical procedure for
determining whether a significant change over background has
occurred. The health department will approve such a procedure
with the guidance of the department.
4) If the owner or operator determines that there is a
statistically significant increase for parameters or
constituents at any sample location they must:
a) Notify the health department of this finding in writing
within seven days of receipt of the sampling data. The
notification must indicate what parameters or
constituents have shown statistically significant
increases.
b) Immediately resample the ground water in all sampling
locations and determine the concentration of all
constituents listed in the definition of contamination
in WAC 173 - 304 -100 including additional constituents
identified in the permit and whether there is a
statistical significant increase such that the ground
water performance standard has been exceeded, and notify
the health department within fourteen days of receipt of
the sampling data.
C) The health department may require corrective action
programs including facility closure if the performance
standard of WAC 173- 304 -460 (2) (a) is exceeded and, in
addition, may revoke any permit and require reapplication
under WAC 173 - 304 -600.
5) Corrective action program. An owner or operator required to
establish a corrective action program under this section must
at a minimum with the approval of the health officer:
a) Implement a corrective action program that reduces
contamination limits at the compliance point by removing
the constituents, treating them in place, or other
remedial measures.
b) Begin corrective action according to a written schedule
after the water performance standard is exceeded.
C) Terminate corrective action measures once the
concentrations of constituents were reduced to levels
below the limits under WAC 173- 304- 460(2)(a). Statuatory
Authority: Chapter 43.12A RCW 84- 22- 013,(Order 85 -18)
173 - 304 -490, filed 10/28/85.
GROUND WATER MONITORING
All facilities proposing to exceed or exceeding 300.000 cubic vards
shall install a ground water monitoring system (as described in WAC
173- 304 -490) in the uppermost aquifer and all hydrologically
connected aquifiers. The monitoring system is to include at a
minimum of one upgradient and three downgradient monitoring wells.
Testing will be as outlined for surface water testing above.
-5-
1) Reporting of Sample Results
a) Sample results (raw data) received from the testing lab
must be forwarded to the Health Department upon receipt:
Data interpretation must be developed and submitted
within 30 days following the receipt of the raw data.
2) Ground Water Monitoring Requirements
a) The ground water monitoring system must consist of at
least one background or upgradient well and three down
gradient wells, installed at appropriate locations and
depths to yield ground water samples from the uppermost
aquifer and all hydraulically connected aquifers below
the active portion of the facility.
i) Represent the quality of background water that has
not been affected by leakage from the active area,
and
ii) Represent the quality of ground water passing the
point of compliance. Additional wells may be
required by the health department in complicated
hydrogeological settings or to define the extent of
contamination detected.
b) All monitoring wells must be cased in a manner that
maintains the integrity of the monitoring well bore hole.
This casing must allow collection of representative
ground water samples. Wells must be constructed in such
a manner as to prevent contamination of the samples, the
sampled strata, and between aquifers and water bearing
strata and in accordance with chapter 173 -160 WAC.
Minimum standards for construction and maintenance of
water wells.;
C) The ground water monitoring program must include at a
minimum, procedures and techniques for:
i) Decontamination of drilling and sampling equipment
ii) Sample collection
iii) Sample preservation and shipment
iv) Analytical procedures and quality assurance
V) Chain of custodv control
vi) Procedures to ensure employee health and safety
during well installation and monitoring
d) Sample constituents:
i) All facilities shall test for the following
parameters:
A) Temperature
B) Conductivity
C) pH
D) Chloride
E) Nitrate, nitrite, and ammonia as nitrogen
F) Sulfate
G) Dissolved iron
H) Dissolved zinc and manganese
I) Chemical oxygen demand
J) Total organic carbon
K) Total coliform
ii) The health department in consultation with the
department may specify additional or fewer
constituents depending upon the nature of the waste.
i Me
iii) Test methods used to detect the parameters of (d) (i)
of this subsection shall be EPA Publication Number
SW -846, Test Methods for Evaluating Solid Waste -
Physical /Chemical Methods except for total coliform
which shall use the latest edition of Standards
Methods for the Examination of Water and Wastewater.
e) The ground water monitoring program must include a
determination of the ground water surface elevation each
time ground water is sampled.
f) The owner or operator shall use a statistical procedure
for determining whether a significant chancre over
background has occurred. The health department will
approve such a procedure with the guidance of the
department.
g) The owner or operator must determine ground water quality
at each monitoring well at the compliance point at least
quarterly during the life of an active area (including
the closure period) and the postclosure care period. The
owner or operator must express the gound water quality
at each monitoring well in a form" necessary for the
determination of statistically significant increases.
h) The owner or operator must determine and report the
ground water flow rate and direction in the uppermost
aquifer at least annually.
i) If the owner or operator determines that there is a
statistically significant increase for parameters or
constituents at any monitoring well at the compliance
point, the owner or operator must:
i) Notify the health department of this finding
in writing within seven days of receipt of the
sampling data. The notification must indicte
what parameters or constituents have shown
statistically significant increases.
ii) Immediately resample the ground water in all
monitoring wells and determine the
concentration of all constituents listed in the
definition of contamination in WAC 173-304 -
100 including additional constituents
identified in the permit and whether there is
a statistically significant increase such that
the ground water performance standard has been
exceeded, and notify the health department
within fourteen days of receipt of the sampling
data.
j) The health department may require corrective action
programs including facility closure if the performance
standard of WAC 173- 304 -460 (2) (a) is exceeded and, in
addition, may revoke any permit and require reapplicaion
under WAC 173 - 304 -600.
3) Corrective action program. An owner or operator required to
establish a corrective action program under this section must,
at a minimum with the approval of the health officer:
a) Implement a corrective action program that reduces
contamination and if possible prevents constituents from
exceeding their respective concentration limits at the
-7-
compliance point by removing the constituents, treating
them in place, or other remedial measures.
b) Begin corrective action according to a written schedule
after the ground water performance standard is exceeded.
C) Terminate corrective action measures once the
concentrations of constituents are reduced to levels
below the limits under WAC 173- 304 -460 (2)(a). Statutory
Authority: Chapter 43.21A RCW. 85 -22 -013 Order 85 -18,
173 -304 -490, filed 10/28/85.
CLOSURE AND POST - CLOSURE REQUIREMENTS
1) Closure Procedures
a) Each owner and operator shall notify the health
department and where applicable, the financial assurance
instrument trustee, of the intent to implement the
closure plan in part or whole, no later than one hundred
eighty days prior �to the projected final receipt of waste
at the entire facility unless otherwise specified in the
closure plan.
b) The owner or operator shall commence implementation of
the closure plan in part or whole within thirty days
after receipt of the final volume of waste and /or
attaining the final landfill elevation at part of or at
the entire facility as identified in the approved
facility closure plan unless otherwise specified in the
closure plan.
C) Waste shall not be accepted for disposal or for use in
closure except as identified in the closure plan approved
by the health department, as required in subsection
(3)(a) of this section.
d) When facility closure is completed in part or whole, each
owner and operator shall submit the following to the
health department:
i) Facility closure plan sheets signed by a
professional engineer registered in the state of
Washington and modified as necessary to represent
as -built changes to final closure construction as
approved in the closure plan.
ii) Certification by the owner or operator, and a
professional engineer registered in the state of
Washington that the site has been closed in
accordance with the approved closure plan.
e) The health department shall notify the owner or operator
and the department of ecology of the date when the
facility post- closure period has begun which period shall
commence when the health department has verified the
facility has been closed in accordance with the
specifications of the approved closure plan and the
closure requirements of this section.
2) Post- closure performance standard. Each owner or operator
shall provide post- closure activities to allow for continued
facility maintenance and monitoring of air land and water
as long as necessary for the facility to stabilize and to
protect human health and the environment.
3) Post - closure plan and amendment. For disposal facilities;
Post-closure includes ground water monitoring; surface water
monitoring; gas monitoring; and maintenance of the facility,
facility structures, and monitoring systems for their intended
use for a period of twenty years and any other activities
deemed appropriate by the health department.
a) Each owner or operator shall develop, keep and abide by
a post- closure plan approved as a part of the permitting
process in WAC 173 - 304 -600. The post- closure Man shall
address facility maintenance and monitoring activities
for at least a twenty -year period or until the site
becomes stabilized (i.e., little or no settlement, gas
production or leachate generation) and-monitoring of
ground water, surface water, and gases can be safely
discontinued.
b) The post- closure plan shall project time intervals at
which post- closure activities are to be implemented and
identify post- closure cost estimates and projected fund
withdrawal intervals from the selected financial
assurance instrument, where applicable, for the
associated post- closure costs.
C) Each owner or operator shall not commence disposal
operations in any part of a facility until a post-
closure plan for the entire facility has been approved
by the health department.
d) Each owner or operator shall complete the post- closure
activities in accordance with the approved post- closure
plan and schedule. Facility Qost- closure activities
shall be completed in accordance with the approved post -
closure plan or the plan shall be so amended with the
approval of the health department.
e) The health department may determine that a facility post-
closure plan is invalid and require an owner or operator
to amend the facility post- closure plan.
i) The health department may direct facility post-
closure activities, in part or whole, to cease until
the post- closure plan amendment has received written
approval by the health department.
ii) When the health department determines a facility
post- closure amendment is required, the health
department shall, after consultation with the
owner /operator, designate a compliance schedule for
submittal of the amendment and its review and
approval by the department.
4) Post - closure procedures.
a) Each owner or operator shall commence post- closure
activities after completion of closure activities
outlined in subsection (5)(d)(i) and (ii) of this
section. The health department may direct that post -
closure activities cease until the owner or operator
receives a notice to proceed with post- closure
activities.
b) When post- closure activities are complete, the owner or
operator shall certify to the health department, signed
by the owner or operator, and a professional engineer
registered in the state of Washington stating why post -
closure activities are no longer necessary (i.e., little
NOR
I '
or not settlement, gas production, or leachate
generation).
C) If the health department finds that post - closure
monitoring has established that the facility is
stabilized (i.e., little or no settlement, gas
production, or leachate generation), the health
department may authorize the owner or operator to
discontinue post - closure maintenance and monitoring
activities. Statutory Authority: RCW 70.95.215. 88 -20-
066 (Order 88 -28), 173 - 304 -407, filed 10/4188.