Chapter 12.18
SOLID WASTE DISPOSAL SYSTEM*

Sections:

12.18.005    Intent.

12.18.010    Definitions.

12.18.020    Designation of disposal sites.

12.18.030    Operation of solid waste disposal system facilities.

12.18.040    Unlawful to remove solid waste from County.

12.18.050    Penalties.

12.18.060    Severability.

*    Prior ordinance history: Ords. 11125, 14659, 15023 and 16797.

12.18.005 Intent.

The intent of this Chapter is to establish a comprehensive County-wide program for solid waste handling and solid waste recovery and/or reclamation which will prevent land, air and water pollution and conserve the natural, economic, and energy resources of the County. To do so requires effective control of the disposal of all non-exempted solid waste generated within the unincorporated areas of Skagit County at a site or sites consistent with the County’s Comprehensive Plan, including the Skagit County Comprehensive Solid Waste Management Plan.

Skagit County desires to exercise its right to provide facilities to control the disposal of all solid waste generated within the unincorporated areas of its borders and to permit the incorporated municipalities of the County to use its facilities consistent with interlocal agreements, and to further implement the Skagit County Comprehensive Solid Waste Management Plan. (Ord. O20130002 Exh. 1 (part))

12.18.010 Definitions.

(1) “Agricultural waste” means wastes generated by farming or forestry operations resulting from the raising, growing, harvesting or processing of plants and animals, including, but not limited to, crop residue, manure and animal bedding, and carcasses of dead animals.

(2) “Anaerobic digester” means an enclosed vessel or container that processes organic material into biogas and digestate through microbial decomposition under anaerobic (low oxygen) conditions.

(3) “Composting” means the biological degradation and transformation of organic solid waste under controlled conditions designed to promote aerobic decomposition. Natural decay of organic solid waste under uncontrolled conditions is not composting.

(4) “Designated recyclable material” means solid waste that is designated as recyclable in the Skagit County Comprehensive Solid Waste Management Plan and is recycled.

(5) “Disposal site” means the location where any final treatment, utilization, processing, or deposit of solid waste occurs.

(6) “Energy recovery” means the recovery of energy in a useable form from (1) mass burning or refuse-derived fuel incineration, pyrolysis or any other means of using the heat of combustion of solid waste that involves high temperature (above one thousand two hundred (1,200) degrees Fahrenheit) processing or (2) an anaerobic digester.

(7) “Food processing waste” means a source separated organic material that is generated by a food processing facility licensed to process food by the United States Department of Agriculture, the United States Food and Drug Administration, the Washington State Department of Agriculture, or other applicable regulatory agency. Food processing wastes may include but are not limited to sludge from food processing water treatment plants, culls, DAF (dissolved air flotation from food processing facility), pomace, and paunch manure, not intended for animal or human consumption.

(8) “Industrial wastes” means waste by-products of manufacturing, food processing, and/or other industrial processing operations.

(9) “Inert waste” means material meeting the criteria for inert waste in WAC 173-350-990.

(10) “Person” is an individual, firm, association, co-partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.

(11) “Processing” means the conversion of solid waste into a useful product or otherwise prepares solid waste for sale and reuse.

(12) “Recycling” means transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill disposal or incineration. Recycling does not include collection, compacting, repackaging, and sorting for the purpose of transport.

(13) “Residual waste” or “residue” means the solid waste that remains after the removal of recyclable and compostable materials from solid waste, whether source separated or combined.

(14) “Solid waste” means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, demolition and construction wastes, abandoned vehicles or parts thereof, contaminated soils and contaminated dredged material, and recyclable materials; provided, that “solid waste” does not include hazardous wastes or biosolids.

(15) “Source separation” means the segregation of designated recyclable materials from other solid waste for the purpose of recycling, conducted by or for the generator of the waste on the premises at which they were generated. (Ord. O20130002 Exh. 1 (part))

12.18.020 Designation of disposal sites.

The following facilities are designated as disposal sites:

(1) Skagit County Recycling and Transfer Station, 14104 Ovenell Road, Mount Vernon;

(2) Skagit County Moderate Risk Waste Facility, 12158 Ovenell Road, Mount Vernon;

(3) Clear Lake Compactor Site, 23159 Howey Road, Clear Lake; and

(4) Sauk Transfer Station, 50795 State Route 20, Concrete. (Ord. O20130002 Exh. 1 (part))

12.18.030 Operation of solid waste disposal system facilities.

The Skagit County Department of Public Works shall be the operating authority for all County owned or operated solid waste disposal system facilities. The Director of the Department of Public Works shall prepare operating rules for such solid waste disposal system facilities, which rules shall govern days and hours of operation and acceptable solid waste products. The County reserves the right to provide in said operating rules that certain solid wastes, such as special wastes, wood waste, or wastes based on source, type, or volume, shall not be accepted, or only conditionally accepted, at system facilities owned or operated by the County. These solid waste acceptance rules shall be set forth in the County’s waste acceptance policy. Any revisions to the waste acceptance policy shall take effect ten (10) days following posting of the revised waste acceptance policy at the affected facility. (Ord. O20130002 Exh. 1 (part))

12.18.040 Unlawful to remove solid waste from County.

(1) Except as permitted by State law or as provided by virtue of this Chapter, it is unlawful for any person to deliver or deposit any solid waste generated or collected within the unincorporated areas of the County at a facility that is not designated as a disposal site in Skagit County. The following types of solid wastes and facilities, provided they comply with all applicable solid waste and land use laws, regulations, and ordinances, are exempt from this requirement:

(a) Source-separated, designated recyclable materials:

(i) Collected from residences and businesses as part of a curbside recycling program and delivered to a facility engaged in the recycling of designated recyclable materials;

(ii) Delivered by persons or uses generating such solid waste to facilities that accept and market source-separated designated recyclable material; and

(iii) Delivered to a permitted intermediate solid waste handling facility for processing; provided, that such source-separated designated recyclable materials hauled to and/or received by a permitted intermediate solid waste handling facility for processing shall contain a minimum of ninety (90) percent recyclable materials by volume.

(b) Non-source separated, designated recyclable material delivered to a solid waste handling facility within Skagit County where designated recyclable materials are retrieved from the waste.

(c) Inert waste delivered to any site that (1) operates under a currently valid inert waste landfill permit or (2) operating under a valid fill and grade permit that allows for the use of inert waste as fill.

(d) Vehicles and vehicle parts delivered to wrecking and salvage yards.

(e) Agricultural and food processing waste used for composting into fertilizer or soil amendment; provided, that the composting facility complies with all applicable solid waste and land use laws, regulations and ordinances, does not constitute a nuisance, and does not otherwise violate the law.

(f) Industrial waste that is deposited to an on-site landfill; provided, that the landfill complies with all applicable solid waste and land use laws, regulations and ordinances, and the facility only accepts wastes generated on-site.

(g) Yard waste and food waste that is composted on site or accepted by a business or use that composts yard and/or food waste and does not create a nuisance and does not otherwise violate the law.

(h) Agricultural solid waste deposited onto or under the surface of the ground when such waste is being utilized primarily for fertilizer or soil conditioner, as long as depositing such wastes does not create a nuisance and does not otherwise violate the law.

(i) Wood waste delivered to an energy recovery facility or organic wastes delivered to an anaerobic digester that meets requirements for acceptance by and operation of the facility.

(j) Small quantity generator, as defined in Chapter 173-303 WAC, that is operating in compliance with all applicable laws, regulations, and ordinances.

(k) Waste that is deemed to be nonacceptable at a Skagit County designated disposal site by the Director, Skagit County Public Works, or his designee.

(2) Residual waste generated from the processing and sorting of recyclable materials, including any otherwise recyclable materials destined for disposal, is not exempt from the disposal requirement in subsection (1) of this section; provided, that residual waste generated by the processing of construction and demolition debris at a permitted intermediate solid waste handling facility may be delivered directly (in a sealed intermodal container) to an intermodal facility utilized by Skagit County for the transport and/or disposal of solid waste, contingent upon compliance by the intermediate solid waste handling facility with the following requirements:

(a) The intermediate solid waste handling facility shall pay Skagit County a fee, as calculated by Skagit County, based upon the cost per ton charged by Skagit County for the disposal of solid waste at the Skagit County Recycling and Transfer Station, minus a per ton discount to be established by Skagit County by resolution of the Skagit County Board of Commissioners (in accordance with applicable law and procedures for the establishment and/or revision of solid waste rates); and

(b) The intermediate solid waste handling facility shall ensure that a minimum of seventy-five (75) percent of the construction and demolition debris materials received by the intermediate solid waste handling facility are processed and marketed for recycling or energy recovery, with no more than twenty-five (25) percent of incoming materials (by weight) being delivered to the intermodal facility for disposal (subject to audit and/or verification procedures to be established by the Skagit County Public Works Department).

(c) Storage of the residual wastes by the intermediate solid waste handling facility before delivery to the intermodal facility shall comply with SCC 12.16.150 (On-site storage, collection and transportation standards).

(3) Removal of solid waste from the container or vehicle in which it was transported into Skagit County shall be considered the generation of solid waste within Skagit County for purposes of this Chapter. (Ord. O20130004 Exh. 1: Ord. O20130002 Exh. 1 (part))

12.18.050 Penalties.

(1) Public Nuisance. All violations of this Chapter are hereby declared to be detrimental to the public health and welfare and are hereby declared to be public nuisances and shall be abated by any reasonable and lawful means.

(2) Civil Infraction. In addition to or as an alternative to any other judicial or administrative remedy provided herein or by law, any person who knowingly or intentionally violates a requirement in this Chapter, and/or any order issued pursuant to this Chapter, or by any act of commission or omission procures, aids or abets such violation, shall be subject to civil infraction, per occurrence, in accordance with Chapter 7.80 RCW as follows:

(a) Class 1 civil infraction shall be issued for violations of SCC 12.18.040 (re: removal of waste from County) committed by persons engaged in commercial activities; and

(b) Class 2 civil infraction shall be issued for violations other than SCC 12.18.040 (re: removal of waste from County) committed by persons engaged in noncommercial activities, (Ord. O20130002 Exh. 1 (part))

12.18.060 Severability.

Should any section, subsection, paragraph, sentence, clause, or phrase of this Chapter be found unconstitutional or invalid for any reason, such finding shall not affect the validity of the remaining portion of this Chapter. (Ord. O20130002 Exh. 1 (part))