Class I Operations

Operations that at any time within a one-year time period will or do manage over 220 pounds in total of the following:

A. Hazardous materials, including any mixtures thereof, that contain constituents referenced in the Code of Federal Regulations, 40 CFR 302.4 (referenced in Section 103(a) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)); or

B. Hazardous materials, including any mixtures thereof, that contain constituents from the lists specified for Class II operations below.

Concentration Declassification.

A Class I operation shall no longer be a classified operation if the Class I constituents (40 CFR 302.4) contained in a product or waste are individually present at less than 1% by weight for noncarcinogenic hazardous materials, and less than 0.1% by weight for known or suspected carcinogenic hazardous materials. (Operators should review the Material Safety Data Sheet for the hazardous materials to make this determination).

Consumer Quantity Declassification.

A Class I operation shall no longer be a classified operation if both of the following conditions are met:

A. The operation is focused on research, education, distribution or consumer-oriented activities, including but not limited to laboratories, hospitals, schools, cargo handlers, distributors, warehouses, or retailers; and

B. Products containing Class I or Class II hazardous materials are managed in closed containers or sealed bags with individual capacities of no more than 10 gallons for a liquid material and no more than 80 pounds for a dry or solid material.

Metal and Metal Alloy Declassification.

Solid metals and solid metal alloys, including but not limited to roll stock, bar stock, sheet stock, and manufactured articles such as equipment, parts, building materials, and piping, that contain one or more metals listed in 40 CFR 302.4 or WAC 173-303-090(8) shall be declassified; except, that where machining, forming, grinding, cutting, melting, or other activities produce residues such as shavings, grindings, swarf, fume, or other finely divided particulate forms of a listed metal or metal alloy that may present a threat to water resources, such residues shall not be declassified.

Class II Operations

Operations that at any time within a one-year time period will or do manage over 2,200 pounds in total of the following:

A. Hazardous materials, including any mixtures thereof, that exhibit the characteristic of toxicity because they contain leachable constituents as defined in WAC 173-303-090(8) as amended; or

B. Hazardous materials, including any mixtures thereof, that contain constituents that are referenced on the Halogenated Solvent List set forth in SMC 17.135.110.

Site Cleanup Reclassification.

A Class II operation shall be reclassified as a Class I operation if the primary activity is site remediation or cleanup pursuant to an approved settlement agreement or a remedial action under Chapter 70.105B RCW.

Concentration Reclassification.

A Class II operation shall be reclassified as a Class I operation if the Class II constituents (from WAC 173-303-090(8)) are present in the hazardous materials being managed at concentrations of less than 5% by weight.

Transfer Warehouse Reclassification.

A Class II operation shall be reclassified as a Class I operation if the following conditions are met:

A. The operation is a transfer warehouse where shipments of products, which may be hazardous materials but not dangerous wastes, are held in portable containers for transfer; and

B. Containers of hazardous materials are not opened at the site under any circumstance; and

C. Products containing Class II hazardous materials are managed in containers with individual capacities of no more than 400 gallons.

Consumer Quantity Declassification.

A Class II operation shall no longer be a classified operation if both of the following conditions are met:

A. The operation is focused on research, education, distribution or consumer-oriented activities, including but not limited to laboratories, hospitals, schools, cargo handlers, distributors, warehouses, or retailers; and

B. Products containing Class I or Class II hazardous materials are managed in closed containers or sealed bags with individual capacities of no more than 10 gallons for a liquid material and no more than 80 pounds for a dry or solid material.