Chapter 8.14
SOLID WASTE AND BIOSOLIDS HANDLING AND FACILITIES
Sections:
8.14.010 Authority and purpose.
8.14.015 Adoption by reference.
8.14.030 Solid waste handling.
8.14.040 Solid waste management.
8.14.060 Duty of health director.
8.14.100 Administrative enforcement.
8.14.110 Repealed.
8.14.120 Repealed.
8.14.010 Authority and purpose.
A. This chapter is promulgated under the authority of Chapters 36.58, 70.05, 70.46, 70.93 and 70.95 RCW.
B. Pursuant to Chapter 70.95 RCW, the primary responsibility for managing solid waste is assigned to local government.
C. This regulation is promulgated to protect the public health by assuring the proper handling of solid waste, including biomedical waste, in San Juan County and its incorporated city. (Ord. 14-2012 § 1; Ord. 4-2004 § 1; Ord. 5-2001)
8.14.015 Adoption by reference.
A. The Minimum Functional Standards for Solid Waste Handling, Chapter 173-304 WAC, effective November 1985, is hereby adopted by reference. If a conflict arises between Chapter 173-304 WAC and this chapter, the more restrictive regulation shall apply. Any subsequent amendment to Chapter 173-304 WAC shall be considered to have been incorporated into this chapter without the need for further amendment.
B. Solid Waste Handling Standards, Chapter 173-350 WAC, effective February 10, 2003, is hereby adopted by reference. If a conflict arises between Chapter 173-350 WAC and this chapter, the more restrictive regulation shall apply. Any subsequent amendment to Chapter 173-350 WAC shall be considered to have been incorporated into this chapter without the need for further amendment.
C. The Criteria for Municipal Solid Waste Landfills, Chapter 173-351 WAC, is hereby adopted by reference. If a conflict arises between Chapter 173-351 WAC and this chapter, the more restrictive regulation shall apply. Any subsequent amendment to Chapter 173-351 WAC shall be considered to have been incorporated into this chapter without the need for further amendment. (Ord. 14-2012 § 2)
8.14.020 Definitions.
The definitions of terms contained in Chapters 173-304 and 173-350 WAC are adopted and incorporated by reference as described in SJCC 8.14.015. The definitions of terms contained in Chapter 173-308 WAC are adopted by reference and any subsequent amendment to the definitions in Chapter 173-308 WAC shall be considered to have been incorporated into this chapter without the need for further amendment.
The “biomedical waste” definition from Chapter 70.95K RCW is hereby adopted and incorporated by reference. Any subsequent amendment to the definition of “biomedical waste” in Chapter 70.95K RCW shall be considered to have been incorporated into this chapter without the need for further amendment.
The following definitions shall also apply:
A. “Board of health” shall mean the San Juan County board of health.
B. “Health department” shall mean the San Juan County health and community services.
C. “Health director” shall mean the director of the San Juan County health and community services or his/her authorized representative.
D. “Health officer” shall mean the San Juan County health officer or his/her duly authorized representative.
E. “Junk vehicle” means a vehicle certified under RCW 46.55.230 as meeting at least three of the following requirements:
1. Is three years old or older;
2. Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield, or missing wheels, tires, motor or transmission;
3. Is inoperable;
4. Has an approximate fair market value equal only to the approximate value of the scrap in it. (Ord. 14-2012 § 3; Ord. 4-2004 § 2; Ord. 5-2001)
8.14.030 Solid waste handling.
A. Chapter 173-304 WAC, Minimum Functional Standards for Solid Waste Handling, Chapter 173-308 WAC, Biosolids Management, Chapter 173-350 WAC, Solid Waste Handling Standards, and Chapter 173-351 WAC, Municipal Landfill Standards, as presently constituted and hereafter amended, are the minimal standards governing solid waste handling practices and facilities in San Juan County.
B. No solid waste handling facility or operation shall be maintained, established, substantially altered, expanded, or improved until the owner or operator of such site has obtained a solid waste handling permit from the health department pursuant to the provisions of WAC 173-350-700, adopted herein by reference, and no biosolids handling facility or operation shall be maintained, established, substantially altered, expanded, or improved until the owner or operator of such site has obtained approval through a state general permit and has obtained site and operation approval from the health director pursuant to the provisions of Chapter 173-308 WAC.
1. The board of health may establish reasonable fees for solid waste permits, permit renewals, and for biosolids site and operation approvals and renewals, following advertised public hearings as required by law.
2. Request for renewal of all solid waste permits and biosolids site and operation approvals shall be made to the health director on or before February 1st of each year, subject to a satisfactory record of operation and compliance with this chapter. Failure to apply for permit and site and operation renewal will render the permit or approval null and void.
3. When an application for a solid waste permit or biosolids site and operation approval renewal is denied, suspended, or revoked, the holder of the permit or approval may appeal the health director’s decision to the health officer, following the procedure outlined in this chapter.
C. It shall be unlawful for any person to engage in solid waste or biosolids handling or disposal or to allow such activities to take place except at a facility approved for said use by the health department and consistent with the San Juan County solid waste management plan. Unsatisfactory solid waste or biosolids handling or handling beyond normal, residential, storage and off-site disposal activities, by any person, will be subject to the provisions of this chapter, and to “San Juan County enforcement policy” as adopted by the board of health.
D. This chapter applies to solid waste as that term is defined in WAC 173-350-100 and to biosolids as that term is defined in WAC 173-308-080, incorporated by reference herein, but does not apply to exempted solid waste listed under WAC 173-350-020 incorporated by reference herein.
E. Disposal of Feces. No person shall collect, store, or dispose of any human feces, except at a sewer treatment facility or in an approved on-site sewage disposal system. However, this does not apply to the composting of human waste that has been processed in a composting toilet permitted and approved pursuant to Chapter 246-272A WAC and Chapter 8.16 SJCC.
F. Residential and Commercial/Business Solid Waste.
1. Residential Solid Waste Handling. Residential solid waste may be stored temporarily on-site in a manner that does not result in a public health hazard or cause environmental health damage; or disposed of at a permitted facility. Where route collection is not possible a residence or group of residences may site a common dumpster at an appropriate site to receive solid waste temporarily prior to pickup from a certificated hauler. This activity will be considered a part of residential solid waste collection. Unpermitted burial and final disposal of any solid wastes, by any person, is prohibited.
2. Commercial/Business Solid Waste Handling. When any person exceeds the solid waste handling needs of a single-family residence or a single-family farm, the activities shall be classified as commercial/business solid waste handling and shall be subject to the requirements in WAC 173-350-300.
G. Junk Vehicles.
1. Junk vehicles shall be removed to a facility licensed to accept junk vehicles, except properties up to 10 acres in size may have up to two junk vehicles, and properties over 10 acres may have up to five junk vehicles, provided they do not pose a health hazard.
2. The health department will only respond to complaints regarding junk vehicles that are either visible from public property and/or rights-of-way or pose a health hazard. Use of old machinery, farm implements, or other items as landscape ornaments will not be subject to these standards.
H. Illegal Dumping.
1. Whenever solid wastes dumped in violation of RCW 70.95.240 contain three or more items bearing the name of one individual, there shall be a rebuttable presumption that the individual whose name appears on such items committed the unlawful act of dumping and is responsible for cleanup of the discarded materials.
2. Dumpers and property owners are jointly and severally responsible for waste cleanup and lawful disposal in accordance with the “San Juan County environmental health enforcement policy.”
I. Dead Animals. Dead animals shall be disposed of by their owners and/or by property owners in a manner to protect public health and the environment. Their disposal shall be consistent with local codes. Animals weighing 15 pounds or greater may be taken to a rendering plant, a veterinary clinic, an animal shelter, or the animal can be disposed of directly at accepting landfills or transfer stations providing said disposal does not create a nuisance. Property owners may dispose of dead animals on their property when animal disposal does not result in a nuisance or public or environmental health threats.
J. Biomedical Wastes.
1. Applicability. This section applies to all biomedical waste generators including, but not limited to, hospitals, medical and dental clinics, medical laboratories, nursing or intermediate care facilities, in-home medical waste generators, veterinary facilities and other institutions which may generate biomedical wastes.
2. Storage, Handling, and Disposal. All persons shall store, handle, and dispose of biomedical wastes in a manner that protects against public exposure and public health threats. All biomedical waste shall be segregated from other solid waste by separate containment at the point of generation. Needles and sharps shall be contained in leak-proof, rigid, puncture-resistant, break-resistant containers that are labeled and tightly lidded during storage, handling and transport. Biomedical waste, except for needles and sharps, shall be contained in disposable, leak-proof containers having a strength to prevent ripping, tearing or bursting under normal conditions of use. The containers shall be appropriately marked by the generator as containing biomedical waste. All biomedical waste must be treated prior to disposal into the municipal solid waste stream. Biomedical wastes shall be disposed of in a manner and at a facility approved by the health director.
3. Residential biomedical waste generated from self-treatment and disposed of with residential wastes from a single-family residence or single-family dwelling unit is exempt from subsections (J)(1) and (2) of this section. Residential sharps may be disposed into household garbage cans provided the sharps are properly packaged and labeled. A residential generator shall not dispose of sharps into cans, carts, drop boxes or other containers in which refuse, trash or solid waste is placed for collection if a sharps collection station has been established for residential sharps waste.
K. Problem Wastes. Persons handling or disposing of problem wastes in San Juan County as defined in WAC 173-304-100 shall notify the health department of their intended activities. Permits or authorizations may be required as determined by the health director. (Ord. 14-2012 § 4; Ord. 4-2004 § 3; Ord. 5-2001)
8.14.040 Solid waste management.
It shall be unlawful for any collecting agent or person to deliver or deposit any solid waste except at a disposal site consistent with the San Juan County solid waste management plan. (Ord. 14-2012 § 5; Ord. 5-2001)
8.14.050 Inspections.
The health director, or other officer or official having jurisdiction, may enter and inspect, as authorized by law, any property, premises, or place which is subject to a permit issued under this chapter at any reasonable time for the purpose of determining compliance with this chapter. (Ord. 5-2001)
8.14.060 Duty of health director.
It is the duty of the health director to enforce this chapter, except for criminal violations, which shall be prosecuted at the discretion of the prosecuting attorney. (Ord. 5-2001)
8.14.070 Violations.
It shall be a violation of this chapter for any person to:
A. Fail or refuse to comply with any of the provisions of this chapter.
B. Knowingly obstruct the health director or other officer or official having jurisdiction, in the conduction of any lawful inspection, including a lawful request for access to pertinent operational records.
C. Fail to meet the terms or conditions for operation as stated in the solid waste operational permit or the biosolids site and operation approval.
D. Continue operations after failing to submit an application for solid waste permit or biosolids site and operation approval renewal by February 1st of each year or after permit suspension or revocation by the health department.
E. Fail to comply with a health director order to correct violations of this chapter or fail to comply with a stop work order. (Ord. 5-2001)
8.14.080 Criminal penalties.
Any person who commits a violation of this chapter shall be deemed guilty of a misdemeanor and shall be subject to a fine of not more than $1,000, or by imprisonment not to exceed 90 days, or by both. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by any such person. (Ord. 5-2001)
8.14.090 Public nuisance.
All violations of this chapter are declared to be detrimental to the public health safety and welfare, and are public nuisances. The prosecuting attorney may take such steps or commence such legal or equitable actions as are necessary to abate said nuisances and to restrain and enjoin further unlawful acts. (Ord. 5-2001)
8.14.100 Administrative enforcement.
The health director is hereby authorized to utilize the enforcement procedures of this section in order to enforce this chapter.
A. Solid Waste Permit or Biosolids Site and Operation Approval Suspension.
1. The health director may temporarily suspend any permit or approval issued under this chapter for failure of holder to comply with either: (i) the requirements of this chapter; or (ii) any notice and order issued pursuant to this chapter.
2. Such permit or approval suspension shall be carried out through the notice and order provisions of the “San Juan County environmental health enforcement policy,” and the suspension shall be effective for the holder or operator upon service of the notice and order. The holder or operator may appeal such suspension as provided in this section.
3. Notwithstanding any other provision of this chapter, whenever the health director finds that a violation of this chapter has created or is creating an unsanitary, dangerous, or other condition which, in his judgment, constitutes an immediate and irreparable hazard, he may without service of a written notice and order, suspend and terminate operations under the permit immediately.
B. Permit Revocation.
1. The health director, after giving notice and an opportunity to be heard, may permanently revoke any permit issued by the health department in the event of: (i) failure of the holder to comply with the requirements of this chapter; or (ii) failure of the holder to comply with any notice and order issued pursuant to the “San Juan County environmental health enforcement policy”; or (iii) interference with the Health Director in the performance of his duties; or (iv) discovery by the health director that a permit or approval was issued in error or on the basis of incorrect information supplied to the health department.
2. Such permit or approval revocation shall be carried out though the notice and order enforcement provisions of the “San Juan County environmental health enforcement policy.” The holder or operator may appeal such revocation, as provided in this section.
3. A permit or approval may be suspended pending its revocation or a hearing relative thereto.
C. Abatement. In addition to or as an alternative to any other judicial or administrative remedy provided herein or by law, the health director may order a violation of this chapter abated pursuant to the “San Juan County environmental health enforcement policy.” The health director may order any person who creates or maintains a violation of this chapter, or who aids and abets in the violation of this chapter, to commence corrective work and to complete the work within such time as the health director determines reasonable under the circumstances. An abatement order may be appealed under the provisions of this chapter. (Ord. 5-2001)
8.14.110 Waiver and variance.
Repealed by Ord. 19-2007. (Ord. 4-2004 § 4; Ord. 5-2001)
8.14.120 Appeal.
Repealed by Ord. 19-2007. (Ord. 5-2001)
8.14.130 Effective date.
This chapter shall take effect and be enforceable upon adoption by the board of health. Copies of Chapters 173-304, 173-308, 173-350 and 173-351 WAC, the San Juan County solid waste management plan and the San Juan County environmental health enforcement policy shall be available for inspection and on file in the office of the health department. (Ord. 4-2004 § 5; Ord. 5-2001)
8.14.140 Severability.
Should any section, subsection, or part of this chapter be declared unconstitutional or invalid for any reason, such shall not effect the validity if remaining portions. (Ord. 5-2001)
8.14.150 Variances.
The health officer may grant a variance to the requirements of this chapter based on the criteria set out in WAC 173-350-710(7). (Ord. 19-2007 § 1)
8.14.160 Appeals.
A. Decisions by the health officer under this chapter regarding permit denials or suspensions regulated by Chapter 70.95 RCW may be made to the Pollution Control Hearings Board as set out in RCW 70.95.210.
B. All other decisions by the health officer regarding solid waste activities may be appealed to the hearing examiner following the procedures set out in Chapter 8.22 SJCC. (Ord. 7-2011 § 3; Ord. 19-2007 § 2)