Chapter 13.12


13.12.010    Purpose.

13.12.020    Scope.

13.12.030    Definitions.

13.12.040    Initial application.

13.12.050    Exemptions.

13.12.060    Costs incurred by the county.

13.12.070    Notice.

13.12.080    Costs determination.

13.12.090    Refunds.

13.12.100    Compliance required for permit issuance.

13.12.010 Purpose.

This chapter is intended to implement existing costs, ordinances, regulations and policies by establishing procedural review and comment. It is not intended to create any new or additional substantive requirements or burdens on land development, except as specifically stated in the preceding sections. (Ord. O-2-90 § 10)

13.12.020 Scope.

This chapter applies to all land development proposals relating to entities whose sole purpose in this county is disposal of waste as defined in this chapter. (Ord. O-2-90 § 1)

13.12.030 Definitions.

For the purposes of this chapter:

“County” means the unincorporated areas of the county.

“Disposal” means the treatment, utilization, processing, decontamination or final deposit of wastes (once they have been discarded or abandoned), whether by incineration, landfill or recycling.

“Land development proposal” means any proposal for the development of land within the county for waste disposal and requiring approval by either state or federal agencies for the activity(ies) to be conducted upon or associated with the land.

“Proponent” means the applicant or the successor in interest to the applicant of a land development proposal.

“Waste” means:

“Dangerous waste” as defined by RCW 70.105.010(5);

“Extremely hazardous waste” as defined by RCW 70.105.010(6);

“Hazardous household substances” as defined by RCW 70.105.010(13);

“Hazardous waste” as defined by RCW 70.105.101(15);

“Solid waste” as defined by RCW 70.95.030(16);

“Special incinerator ash” as defined by RCW 70.138.020(8) all as now exist or as may later be amended. (Ord. O-2-90 § 4)

13.12.040 Initial application.

A copy of any land development proposal located in the county and relating to waste disposal shall be submitted to the county commissioners:

A.    Within ten days after the application is submitted to the appropriate federal or state agency; or

B.    At the time negotiations are commenced to locate a site within the county, whichever first occurs. If requested, the county commissioners shall make an initial determination as to whether the development proposal may be exempted, and, if so, will inform the applicant in writing. (Ord. O-2-90 § 2)

13.12.050 Exemptions.

The county commissioners may, in their discretion and upon written application, exempt a project from the requirements of this chapter if they find that:

A.    No governmental approval or permit, other than a building permit is required; and

B.    State Environmental Policy Act (SEPA) compliance will be achieved through issuance, by the responsible official, of an unmitigated negative impact statement. (Ord. O-2-90 § 3)

13.12.060 Costs incurred by the county.

A.    The proponent of a land development proposal shall pay to the county the reasonable cost to the county of review or processing applications, inspecting and reviewing plans, or preparing detailed statements required by Chapter 43.21C RCW. These costs include, for example, engineering, planning, environmental, inspection, legal and administrative costs.

B.    Following a joint meeting with the proponent to discuss the scope of review, time limits for review and the need for outside consultants, the proponent shall initially deposit with the county a sum, to be determined by the board of county commissioners equivalent to estimated county costs to review and/or process the land development proposal. County costs shall be invoiced to and deducted from these funds. The deposit made by the proponent shall be held in a reserve account and may only be expended to pay costs identified in subsection A of this section. The reserve account shall be an interest bearing account at prevailing rates of interest. Accrued interest shall be to the account of the proponent.

C.    If the board of county commissioners should determine that the deposit may become exhausted, an additional deposit in an amount equal to further estimated county costs shall be required.

D.    If project review is anticipated to take more than six months, the county commissioners may direct that sufficient funds be deposited at designated intervals, not to exceed six months and subject to subsection C of this section.

E.    The obligation of the proponent to pay actual county costs incurred in processing the land development proposal under this chapter fulfills requirements imposed by the fee schedules of any and all other county ordinances and resolutions.

F.    All department heads shall request reimbursement from the county auditor by submitting an invoice/voucher detailing itemization of all costs. Invoices shall be made available for review and copying if requested by the proponent.

G.    The proponents obligation to deposit funds shall commence ten days following a written request by the county.

H.    The proponent shall remain responsible for all costs incurred by the county, whether or not a favorable recommendation or approval is granted, and even if the proponent cancels an application prior to the permit or approval decision. The proponent shall not be responsible for any costs incurred by the county following the county’s receipt of written notice by the proponent directing the county to halt further action on the permit or approval decision. (Ord. O-2-90 § 5)

13.12.070 Notice.

The county auditor shall prepare a letter to the proponent informing the proponent of the initial deposit and any subsequent deposits required, and shall copy such letter(s) to all department heads. No county process or review shall occur until the deposit has been made. Processing and review shall be suspended if the deposit has been depleted and a subsequent deposit has not been received. (Ord. O-2-90 § 6)

13.12.080 Costs determination.

A.    All services provided by county employees shall be charged at a rate of thirty dollars per hour with a minimum fee of ten dollars for periods of one-half hour or less.

B.    All costs provided by outside consultants or attorneys shall be charged at the rate they bill the county and the county shall not add a multiplier. The county shall advise the proponent of the county’s intention to retain outside consultants, and shall provide the proponent an opportunity to comment.

C.    All costs for copying, printing, publications etc., shall be charged at the county’s actual costs. (Ord. O-2-90 § 7)

13.12.090 Refunds.

If the amount deposited for any project exceeds the costs actually incurred by the county with regard to the project, then any excess funds with accrued interest shall be returned to the proponent within fifteen days of the date proponent’s application is approved, rejected or withdrawn. (Ord. O-2-90 § 8)

13.12.100 Compliance required for permit issuance.

No final permit, approval or recommendation shall be issued without the county auditor confirming, through the issuance of a certificate, that the costs incurred to date by the county in the processing or review of the application have been paid in full by the proponent. (Ord. O-2-90 § 9)