HomeMy WebLinkAbout2005-September File Copy
•
Board of Health
Proposed
Solid AVaste Ordinance
• & Enforcement Procedures
For discussion at
September 15th meeting
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,'�4
rs�N~c JEFFERSON COUNTY PUBLIC HEALTH
Always Working for a Safer and Healthier Jefferson County
rxos- ,
Memorandum
To: Jefferson County Board of Health
From: Mike McNickle,Environmental Health Director
Date: August 10, 2005
Subject: Solid Waste Regulations
Jefferson County currently has some areas where solid and hazardous wastes are creating
environmental and public health hazards. Jefferson County Public Health(JCPH)is
making a strong effort to address these hazards,however,the current Solid Waste
Ordinance (No. 09-0715-04) is hampering these efforts. JCPH staff has recently reviewed
the current Solid Waste Regulations thoroughly and has discovered serious flaws in it
that renders it inadequate for required enforcement activities. The current Ordinance, as
written, lacks clear, concise direction on course of action(s)that must be taken once a
violation is found. This lack of clear direction renders the Ordinance useless for
enforcement activities.
The proposed Solid Waste Ordinance and Enforcement Procedures (attached)provide
Environmental Health staff with clear direction and procedures on how to handle solid
• waste complaints,violations and enforcement actions. These clarifications in the new
Ordinance will make solid waste enforcement activities more effective and efficient and
will reduce the number of solid and hazardous waste hazards significantly.
Therefore, JCPH requests that the Board of Health repeal the current Ordinance (Number
09-0715-04) and adopts the proposed Solid Waste Ordinance in its current form. This
will be discussed at the September BOH and adopted in the October BOH.
Please contact Mike McNickle at 385-9436 for any questions or concerns you may have.
Thank you.
COMMUNITY ENVIRONMENTAL DEVELOPMENTAL NATURAL
HEALTH HEALTH DISABILITIES RESOURCES
(360)385-9400 (360)385-9444 (360)385-9400
(360)385-9444
615 Sheridan Street,Port Townsend, Washington 98368
fax: (360)385-9401 web: www.jeffersoncountypublichealth.org
1
DRAFT
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DRAFT- JEFFERSON COUNTY BOARD OF HEALTH
ORDINANCE NUMBER 2005-XX
SOLID WASTE REGULATIONS
•
• August 10, 2005
1
TABLE OF CONTENTS •
010-AUTHORITY AND PURPOSE 1
015-ADOPTION BY REFERENCE 1
020-APPLICABILITY 1
025-OWNER RESPONSIBILITY FOR SOLID WASTES 2
(1) GENERAL. 2
(2) REMOVAL 2
(3) DISPOSAL. 2
030-EFFECTIVE DATES. 3
040-PERFORMANCE STANDARDS. 3
100-DEFINITIONS. 3
200-BENEFICIAL USE PERMIT EXEMPTIONS 7
210-RECYCLING 8
220-COMPOSTING FACILITIES 8
230-LAND APPLICATION 8 •
240-ENERGY RECOVERY AND INCINERATION 8
300-ON-SITE STORAGE,COLLECTION,AND TRANSPORTATION STANDARDS 8
305-SOLID WASTE HANDLING STANDARDS FOR SPECIFIC WASTE STREAM 8
(1) ANIMAL WASTE. 8
(2) ASBESTOS-CONTAINING WASTE. 9
(3) BIOMEDICAL WASTE. 9
(4) BULKY WASTE. 12
(5) DANGEROUS WASTE. 12
(6) MODERATE RISK WASTE AND USED OIL. 12
(7) PROBLEM WASTE 14
(8) SEPTAGE. 14
(9) CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR(CESQG)WASTE 14
310-INTERMEDIATE SOLID WASTE HANDLING FACILITIES 15
320-PILES USED FOR STORAGE OR TREATMENT 15
330-SURFACE IMPOUNDMENTS AND TANKS 15
350-WASTE TIRE STORAGE AND TRANSPORTATION 16
360-MODERATE RISK WASTE HANDLING 16 •
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400-LIMITED PURPOSE LANDFILLS 16
• 410-INERT WASTE LANDFILLS
16
450-MUNICIPAL SOLID WASTE LANDFILLS 16
460-CONSTRUCTION AND NOTIFICATION STANDARDS NEAR LANDFILLS 16
(1) CONSTRUCTION REQUIREMENTS.
16
(2) NOTIFICATION REQUIREMENTS FOR OWNERS OF LANDFILLS. 17
490-OTHER METHODS OF SOLID WASTE HANDLING 17
500-GROUND WATER MONITORING 18
600-FINANCIAL ASSURANCE REQUIREMENTS 18
700-PERMITS AND LOCAL ORDINANCES 18
710-PERMIT APPLICATION AND ISSUANCE 18
715-GENERAL PERMIT APPLICATION CONTENTS 18
900-CORRECTIVE ACTION 18
950-ADMINISTRATION AND ENFORCEMENT 18
• (1) OTHER LAWS,REGULATIONS AND AGENCY REQUIREMENTS 18
(2) ENFORCEMENT AUTHORITY.
(3) RIGHT OF ENTRY 19
19
(4) INSPECTIONS-PERMITTED FACILITIES 19
(5) NOTICE AND ORDER TO CORRECT VIOLATION
20
(6) VIOLATIONS,REMEDIES AND PENALTIES
(7) APPEALS 21
(8) VARIANCES 29
29
960-REPEALER 31
970-SEVERABILITY 31
990-CRITERIA FOR INERT WASTE 31
APPENDIX A. REFERENCES 31
A. FEDERAL: 31
B. STATE' 32
C. LOCAL/REGIONAL: 33
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DRAFT—JEFFERSON COUNTY BOARD OF HEALTH
ORDINANCE 2005-XX
SOLID WASTE REGULATIONS1111
010-AUTHORITY AND PURPOSE
These solid waste rules and regulations are promulgated under the authority of Chapters 43.20.050,
Powers and Duties of State Board of Health,70.05,Local Health Departments, Boards, Officers-
Regulations,and 70.95,Solid Waste Management-Reduction and Recycling, in the Revised Code of
Washington(RCW), and Chapters 246-203, General Sanitation, 173-304,Minimum Functional
Standards for Solid Waste Handling, 173-350,Solid Waste Handling Standards, and 173-351, Criteria
for Municipal Solid Waste Landfills,in the Washington Administrative Code(WAC),to protect the
public health and the environment, and promote the safety and welfare of the citizens of Jefferson
County. All references to these RCWs and WACs, and all other RCWs,WACs,and other federal, state,
and local regulations,refer to the cited chapters and paragraphs,as amended. The rules and regulations
herein govern the handling, storage,collection,transportation,treatment,utilization,processing and
final disposal of all solid waste within Jefferson County, including the issuance of permits and
enforcement. These regulations shall apply to all persons and in all territory within the boundaries of
Jefferson County, except actions by persons on lands under the jurisdiction of the Federal Government
or recognized Native American Nations and Tribes.
It is expressly the purpose of these rules and regulations to provide for and promote the health of the
general public,and not to create or otherwise establish or designate any particular class or group of
persons who will or should be especially protected or benefited by the terms of these rules and
regulations.
•
It is the specific intent of these rules and regulations to place the obligation of complying with its
requirements upon waste generators,haulers,and/or operators of solid waste handling sites, and no
provision of,nor term used in these rules and regulations is intended to impose any duty whatsoever
upon Public Health nor any of its officers or employees, for whom the implementation or enforcement
of these rules and regulations shall be discretionary and not mandatory.
Nothing contained in these rules and regulations is intended to be,nor shall be construed to create or
form the basis for any liability on the part of Public Health or its officers, employees or agents, for any
injury or damage resulting from the failure of any person subject to these rules and regulations to
comply with these rules and regulations, or by reason or in consequence of any act or omission in
connection with the implementation or enforcement of these rules and regulations on the part of Public
Health.
015—ADOPTION BY REFERENCE
Pursuant to and by the authority of RCW 70.95,Jefferson County Public Health hereby adopts Chapter
173-350,Solid Waste Handling Standards, and Chapter 173-304,Minimum Functional Standards for
Solid Waste Handling. As provided for by RCW 70.95 Public Health makes the following amendments
to Chapter 173-350.
020—APPLICABILITY
WAC 173-350-020 "Applicability", is adopted by reference except that subparagraph(6)is hereby
repealed. Single-family residences and single-family farms disposing of their own solid wastes on their •
own property shall be subject to these regulations.
DRAFT—JEFFERSON COUNTY 1 SOLID WASTE REGULATIONS
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025—OWNER RESPONSIBILITY FOR SOLID WASTES
WAC 173-350-025 is revised as follows:
(1) General.
The owner, operator,or occupant of any premise,business,establishment, or industry shall be
responsible for the satisfactory and legal arrangement for the solid waste handling of all solid
waste generated or accumulated by them on the property. An owner is not relieved of the duties
and obligations imposed by this Chapter because the owner has leased the property or premises
to another or permitted others to occupy the premises or operate there.
(2)Removal.
Solid waste shall be removed from the premises where it was generated to a permitted solid
waste handling facility at a frequency that does not create a nuisance or litter problem, or at a
frequency otherwise approved by the Health Officer. The Health Officer may require any
person who does not store,remove, transport,or dispose of solid waste consistent with these
regulations, or who stores solid waste so as to create a nuisance or litter problem,to remove
solid waste from the premises where it was generated by that person to a permitted solid waste
handling facility no less frequently than once per week.
(3) Disposal.
• (a) Generally. All solid wastes shall be disposed of at an appropriate solid waste handling
facility permitted to receive such waste, or in a manner consistent with these regulations as
approved by the Health Officer. Should a situation arise where disposal of solid waste is
not covered under these regulations, the Health Officer shall determine acceptability of a
method of disposal for the solid waste on a case-by-case basis
(b) Unlawful Dumping. It shall be unlawful for any person to dump, deposit,bury,or allow the
dumping, depositing or burying of any solid waste onto or under the surface of the ground
or into the waters of this state, except at a solid waste disposal site for which there is a valid
permit. Unlawful dumping shall include unauthorized deposition of solid waste into a
container that is owned or leased by another person.
(c) Name Appearing on Waste Material and Presumption. Whenever solid waste dumped in
violation of this regulation contains three(3)or more items bearing the name of one
individual,there shall be a presumption that the individual whose name appears on such
items committed the unlawful act of dumping.
(d) Identification Presumed. When the Health Officer investigates a case of unlawful dumping
and finds identification in the solid waste as described in Section 025(3)(c), or other
evidence,he/she may then order the person who committed the unlawful dumping to
remove and dispose of said solid waste according to these regulations. Following the
disposal of said solid waste, the Health Officer may order this person to present to the
Health Officer a receipt from the permitted disposal facility as proof of appropriate
disposal.
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DRAFT—JEFFERSON COUNTY 2 SOLID WASTE REGULATIONS
(e) Lack of Identification. When the Health Officer investigates a case of unlawful dumping
and finds no identification in the solid waste,nor evidence,he/she may then order the
property owner to remove said solid waste from his/her land,and have the solid waste
disposed of according to these regulations. Where this occurs on private land,the property
owner or occupant shall be responsible for removal and disposal. Where this occurs on
public land,the appropriate governmental agency shall be responsible for removal and
disposal.
(f) Burning Prohibited. It shall be unlawful for any person to burn solid waste including
garbage or rubbish unless these materials are burned in an appropriate permitted energy
recovery or incinerator facility. The burning of land clearing debris and the residential
burning of natural vegetative matter is regulated under Chapter 173-425 WAC,Outdoor
Burning.
(g) Disposal Service Required. When a person does not dispose of solid wastes in a manner
consistent with these regulations,the Health Officer may order said person to obtain
ongoing and regularly scheduled solid waste collection service if said person does not
already have this service and if a solid waste collection service exists or is offered in the
geographic area where the person resides. Said service shall be from a solid waste
collection service holding a Solid Waste Handling Permit issued by Jefferson County Public
Health and necessary certificates issued by the Washington Utilities and Transportation
Commission. If said person does not have this service and resides in a geographic area
where a single solid waste collection service operates exclusively under covenant or
ordinance as required by local government, and said service is mandatory for persons
residing within the jurisdiction of the local government,the Health Officer may schedule
ongoing regularly scheduled service for said person with this solid waste collection service. •
If service is cancelled through nonpayment, it will be deemed a violation of this paragraph.
(h) Disposal Receipts Required. Any person in violation of this paragraph to whom a notice
and order to correct violation has been issued is required to produce receipts from a
permitted solid waste disposal,recycling and/or reclamation facility or solid waste
transporter to demonstrate compliance with the notice and order to correct violation issued
by Jefferson County Public Health.
030—EFFECTIVE DATES.
WAC 173-350-030,Effective Dates are hereby adopted by reference. The effective date of these
regulations is [Month,Date],2005.
040—PERFORMANCE STANDARDS.
WAC 173-350-040,Performance Standards,is hereby adopted by reference.
100—DEFINITIONS.
Terms used in this regulation shall have the meaning provided in WAC 173-350-100,hereby adopted by
reference unless otherwise provided below. Terms related to municipal solid waste landfills are
contained in Chapter 173-351 WAC, Criteria for Municipal Solid Waste Landfills.Terms related to
landfills closed pursuant to Chapter 173-304,Minimum Functional Standards for Solid Waste Handling. 11)
DRAFT—JEFFERSON COUNTY 3 SOLID WASTE REGULATIONS
Abandoned Landfills: Those sites not closed in accordance with all applicable regulatory
• requirements in place at the time that waste handling/disposal activities ceased.
Abate: Repair,replace,remove,destroy, or otherwise remedy a condition(s)which constitutes a
nuisance or a violation of these regulations by such means,in a manner, and to such an extent as the
Health Officer determines is necessary in the interests of the general health, safety and welfare of the
community.
Abrasive Blasting: A method of surface preparation in which an abrasive aggregate is sprayed under
pressure on to exterior surfaces which include,but are not limited to,boats, ships or other watercraft.
Agricultural Wastes: Non-dangerous wastes on farms resulting from the production of agricultural
products including,but not limited to,crop residues,manures, animal bedding, and carcasses of dead
animals weighing each or collectively in excess of fifteen(15)pounds.
Animal Wastes: Wastes generated on a farm, including manure,pet feces, and dead animals.
Asbestos-Containing Material: Any material containing more than one percent(1%)asbestos as
determined using the method specified in EPA regulations Appendix E, Subpart E, 40 CFR Part 763,
Section 1,Polarized Light Microscopy.
Asbestos-Containing Waste Material: Any waste that contains or is contaminated with friable
asbestos-containing material. Asbestos-containing waste material includes asbestos waste from control
equipment,materials used to enclose the work area during an asbestos project,asbestos-containing
material collected for disposal, asbestos-contaminated waste, debris,containers,bags,protective
• clothing, or HEPA filters.Asbestos-containing waste material does not include samples of asbestos-
containing material taken for testing or enforcement purposes.
Ashes: The residue from combustion or incineration of material including solid wastes and any air
pollution flue dust.
Biomedical Waste: Biomedical waste means, and is limited to, the following types of waste:
1. "Animal waste" is waste animal carcasses,body parts, and bedding of animals that are known to
be infected with, or that have been inoculated with,human pathogenic microorganisms
infectious to humans.
2. "Biosafety level 4 disease waste" is the waste contaminated with blood, excretions, exudates, or
secretions from humans or animals who are isolated to protect others from highly
communicable infectious diseases that are identified as pathogenic organisms assigned to
biosafety level 4 by the Centers for Disease Control,National Institute of Health, and Biosafety
in Microbiological and Biomedical Laboratories, current edition.
3. "Cultures and stocks"are wastes infectious to humans including specimen cultures, cultures and
stocks of etiologic agents,wastes from production of biologicals and serums, discarded live and
attenuated vaccines, and laboratory waste that has come into contact with cultures and stocks of
etiologic agents or blood specimens. Such waste includes but is not limited to culture dishes,
blood specimen tubes, and devices used to transfer,inoculate, and mix cultures.
. 4. "Human blood and blood products" are waste human blood and blood components, and
materials containing free-flowing blood and blood products.
DRAFT—JEFFERSON COUNTY 4 SOLID WASTE REGULATIONS
5. "Pathological waste" is human source biopsy materials,tissues, and anatomical parts that •
emanate from surgery, obstetrical procedures, and autopsy. "Pathological waste" does not
include teeth,human corpses,remains,and anatomical parts that are intended for internment or
cremation.
6. "Sharps waste" is all hypodermic needles, syringes with needles attached,intravenous tubing
with needles attached, scalpel blades,and lancets that have been removed from the original
sterile package.
Biomedical Waste Collection Service: Any agency,business,or service operated by a person for the
purpose of biomedical waste collection and transportation.
Biomedical Waste Generator: Any producer of biomedical waste to include without limitation the
following categories: General acute care hospitals, skilled nursing facilities or convalescent hospitals,
intermediate care facilities,in-patient care facilities for the developmentally disabled, chronic dialysis
clinics, community clinics,health maintenance organizations, surgical clinics,urgent care clinics, acute
psychiatric hospitals,laboratories,medical buildings,physicians offices and clinics,veterinary offices
and clinics, dental offices and clinics, funeral homes or other similar facilities.
Biomedical Waste Treatment: Means incineration,sterilization, or other method,technique,or
process that changes the character or composition of a biomedical waste so as to minimize the risk of
transmitting infectious disease.
Board of Health: The Jefferson County Board of Health.
Buffer Zone: That part of a facility that lies between the active area and the property boundary. •
Bulky Waste: Large items of refuse, such as appliances(white goods), furniture,junk vehicles, and
other oversize wastes which would typically not fit into reusable or disposable containers.
Construction Waste: Non-dangerous solid waste,largely inert waste, generated as the result of
construction of buildings,roads, and other man-made structures. Construction waste consists of,but is
not limited to: concrete, asphalt,brick,rock,wood and masonry,composition roofing and roofing paper,
shakes, shingles,plastic and paper wrappings,plastic pipe, fiberglass insulation,carpeting, floor tile,
glass, steel, and minor amounts of other metals like copper.
Demolition Waste: Non-dangerous solid waste,largely inert waste,resulting from the demolition or
razing of buildings,roads and other man-made structures.Demolition waste consists of,but is not
limited to: concrete,asphalt,brick,rock,wood and masonry,composition roofing and roofing paper,
shakes, shingles,plastic pipe, fiberglass insulation,carpeting, floor tile, glass, steel,minor amounts of
other metals like copper,and incidental amounts of soil associated with these wastes. Plaster(i.e., sheet
rock or plaster board),yard wastes, stumpage,or any other materials that are likely to produce gases or
leachate during the decomposition process are not considered to be demolition waste for the purposes of
this definition. Bulky wastes,white goods,and asbestos-containing materials are not considered to be
demolition waste for the purpose of this regulation.
Discarded Commodity: Products or items that because of damage,misuse,wear,or neglect,are no
longer being utilized for its intended purpose.
Disposal Site: The location where any final treatment,utilization,processing or deposition of solid •
waste occurs. See also the definition of interim solid waste handling site.
DRAFT—JEFFERSON COUNTY 5 SOLID WASTE REGULATIONS
• Drop Box Facility: A facility used for the placement of a detachable container, including the area
adjacent for necessary entrance and exit roads, unloading and turnaround areas. Drop box facilities
normally serve the general public with loose loads and receive waste from off-site
Ecology: The Washington State Department of Ecology.
Emission: The release of air contaminants from solid waste into the outdoor atmosphere.
EPA: The United States Environmental Protection Agency.
Hazardous Substance: Any liquid, solid, gas, or sludge, including any material, substance,product,
commodity, or waste,regardless of quantity,that exhibits any of the physical, chemical or biological
properties described in WAC 173-303-090 or WAC 173-303-100.
Health Officer: The Health Officer or the Health Officer's representative, of the Jefferson County
Public Health.
Junk Vehicle: A vehicle certified under RCW 46.55.230 as meeting at least three of following
requirements:
1. Three(3)years old or older;
2. Extensively damaged, such damage including but not limited to the following: a broken window
or windshield, or missing wheels,tires,motor, or transmission;
• 3. Apparently inoperable; and/or
4. Has approximate fair market value equal only to the approximate value of the scrap in it.
Minimum Functional Standards(MFS): Chapter 173-304 WAC,Minimum Functional Standards for
Solid Waste Handling.
Nuisance: Consists in unlawfully doing an act,or omitting to perform a duty, which act or omission
either annoys, injures or endangers the,repose,health or safety of others; or unlawfully interferes with,
obstructs or tends to obstruct,any lake or navigable river,bay, stream,canal or basin, or any public
park, square, street or highway; or in any way renders other persons insecure in life, or in the use of
property. To the extent applicable,the County adopts the definitions of nuisance found in Ch. 7.48
RCW.
Owner: The person,business entity or partnership that is the title owner of record with the Jefferson
County Auditor for the parcel or parcels where the violation is allegedly occurring.
Person responsible: The owner, lessee, occupant or operator of the premises,business,activity or
action that is allegedly a violation of this Chapter.
Problem Wastes:
1. Any solid material removed during a remedial action, a dangerous waste site closure, other
• cleanup efforts, or other actions,which contain hazardous substances,but are not designated
dangerous wastes;
DRAFT—JEFFERSON COUNTY 6 SOLID WASTE REGULATIONS
2. Dredge spoils resulting from the dredging of surface waters of the state where contaminants are
present in the dredge spoils at concentrations not suitable for open water disposal and the
dredge spoils are not dangerous wastes and are not regulated by Section 404 of the Federal
Clean Water Act(PL 95-217); or
3. Waste abrasive blasting grit or other material used in abrasive blasting. Common aggregates
include,but are not limited to silica sand,utility slag or copper slag. Waste abrasive blasting
grit does not include blasting grit that will be reused for its intended purpose.
Public Health: Jefferson County Public Health.
Remedial Action: Any action to identify, eliminate or minimize any threat posed by hazardous
substances to human health or the environment including any investigative and monitoring activities
with respect to any release or threatened release of a hazardous substance and any health assessment or
health effects studies conducted to determine the risk or potential risk to human health.
Rubbish: All non-putrescible wastes from all public and private establishments and from all
residences.
Solid Waste: All putrescible and non-putrescible solid and semi-solid wastes including,but not limited
to,garbage,rubbish, ashes,industrial wastes, swill,animal wastes,construction and demolition wastes,
land clearing wastes, contaminated soils,contaminated dredged spoils,junk vehicles or parts thereof
(including waste tires),and discarded commodities. This includes all liquid, solid and semi-solid,
materials that are not the primary products of public,private,industrial,commercial,mining and
agricultural operations. Solid waste also includes,but is not limited to,woodwaste, dangerous waste,
yard waste,bulky waste,biomedical waste,animal waste,waste tires,recyclable materials, and problem •
wastes. Municipal sewage sludge or septage is a solid waste when placed in a municipal solid waste
landfill subject to the requirements in Chapter 173-351 WAC, Criteria for Municipal Solid Waste
Landfills,Chapter 173-308 WAC,Biosolids Management,and a solid waste handling permit issued by
the Health Officer.
Used Oil:
1. Lubricating fluids that have been removed from an engine crankcase,transmission, gearbox,
hydraulic device, or differential of an automobile,truck,bus,vessel,plane,heavy equipment,or
machinery powered by an internal combustion engine; or
2. Any oil that has been refined from crude oil,used, and as a result of use,has been contaminated
with physical or chemical impurities; or
3. Any oil that has been refined from crude oil and, as a consequence of extended storage, spillage,
or contamination,is no longer useful to the original purchaser; and
4. Used oil does not include oil to which dangerous wastes have been added,or oil that would
otherwise be considered used oil except that it is used as a fuel in an industrial furnace,which
meets the emission standards of the Puget Sound Clean Air Agency.
200—Beneficial Use Permit Exemptions
WAC 173-350-100 Beneficial Use Permit Exemptions is hereby adopted by reference. •
DRAFT—JEFFERSON COUNTY 7 SOLID WASTE REGULATIONS
210—Recycling
• WAC 173-350-210,Recycling is hereby adopted p by reference.
220—Composting Facilities
WAC 173-350-220, Compost Facilities is hereby adopted by reference. Paragraph 220(7)has been
revised as follows:
220(7) Compost Facilities—Financial Assurance requirements.
(a) Financial Assurance may be required for certain compost facilities as determined by Public Health.
(b)If required by Public Health, the owner or operator shall establish a financial assurance mechanism
in accordance with 173-350-600 for closure in accordance with the approved closure plan. The funds
shall be sufficient for hiring a third party to remove the maximum amount of wastes that could be
present at any time during the operation of the facility and to accomplish closure in accordance with the
facility closure plan.
(c)If required,no owner or operator shall commence or continue to operate any part of the facility until
a suitable financial assurance mechanism has been provided to the JHD in accordance with WAC 173-
350-600.
230—Land Application
WAC 173-350-240,Land Application is hereby adopted by reference.
• 240—Ener
gy Recovery and Incineration
WAC 173-350-240,Energy Recovery and Incineration is hereby adopted by reference.
300—On-site Storage, Collection, and Transportation Standards
WAC 173-350-300, On-Site Storage, Collection,and Transportation Standard is hereby adopted
by reference and revised with the addition of the following paragraphs.
300(2)(b)(iv)Containers of mixed municipal solid waste,putrescible waste, and rubbish shall be closed
at all times except when waste is being added or removed. Commercial containers located at public or
private collection facilities may be kept open during routine hours of operation, as long as the container
drain plugs remain in place.
300(2)(b)(v) The owner, operator or occupant of any premises,business establishment or industry
shall store all recyclable materials so as not to produce unsafe or unsanitary conditions.
305—Solid Waste Handling Standards for Specific Waste Stream
(1) Animal Waste.
(a) Animal waste, as defined in Section 100, shall be disposed of in a manner consistent with
• these regulations, or other method approved by the Health Officer.
DRAFT—JEFFERSON COUNTY 8 SOLID WASTE REGULATIONS
(b) Any animal waste that is deemed biomedical waste as defined in Section 100,shall be .
handled,treated, and disposed of as required in Section 305(b).
(c) Animal Manure. Animal manure shall not be deposited, or allowed to accumulate, in any
ditch, gulch,ravine,river, stream,lake,pond,marine water, or upon the surface of the
ground, or on any highway or road right of way,where it may become a nuisance or menace
to health, as determined by the Health Officer,through the breeding of flies,harboring of
rodents,or pollution of water. Manure shall not be allowed to accumulate in any place
where it can pollute any source of drinking water.
(d) Dead Animals. Except as otherwise provided in Section 305(3), dead animals shall be
disposed of in a manner to protect the public health and the environment. Their disposal
shall be consistent with local codes. Dead animals may be taken to a rendering plant, a
veterinary clinic, an animal shelter,pet cemetery,or can be disposed of directly at permitted
operating landfills or transfer stations so as not to create a nuisance. Property owners may
bury dead animals on their property, so long as no nuisance is created. If the dead animal is
buried, it shall be placed so that every part shall be covered by at least two(2) feet of earth
and at a location not less than one-hundred(100)feet from any well, spring, stream,or other
surface waters,and in a place not subject to overflow. In all cases of death from
communicable disease,the dead animal,if disposed of by burial, shall first be thoroughly
enveloped in unslaked lime.
(e) Pet Feces. Pet feces,especially dog droppings, shall be disposed of in a manner, such as
burial,or bagging and placement into containers described in Section 300(2),which does
not create a nuisance or pollute surface waters of the state. Pet feces shall not be disposed
of into the sanitary sewer unless approved by the sewer purveyor. This waste shall not be •
put into a storm sewer or on-site sewage system.
(2) Asbestos-Containing Waste.
(a) General. Asbestos-containing waste material(ACWM), as defined in Section 100, shall be
handled and disposed of pursuant to 40 CFR Part 61,National Emission Standards for
Hazardous Air Pollutants,Chapter 173-303 WAC,Dangerous Waste Regulations,Puget
Sound Clean Air Agency Regulation III Article 4, and Chapter 296-65 WAC,Asbestos
Removal and Encapsulation.
(b) Removal. Persons removing ACWM shall contact the Puget Sound Clean Air Agency for
information and instruction concerning removal and disposal. ACWM must be wetted
down during removal to reduce airborne emissions of particulate matter. ACWM shall be
sealed into leak tight containers or placed in one or more plastic bags with a combined six(6)
mils thickness or greater and identified with the proper warning label.
(c) Disposal. The ACWM shall be disposed of in accordance with 40 CFR Part 61,National
Emission Standards for Hazardous Air Pollutants,at a facility permitted to receive such
wastes,in accordance with an approved operations plan,and covered with at least fifteen
centimeters(6 inches)of non-asbestos containing waste material immediately following
disposal.
(3) Biomedical Waste. •
DRAFT—JEFFERSON COUNTY 9 SOLID WASTE REGULATIONS
(a) Applicability. This regulation applies to all persons who generate biomedical waste
• including,but not limited to, individuals,hospitals,medical and dental clinics,medical
laboratories,nursing or intermediate care facilities,veterinary facilities and other
institutions,which may generate biomedical wastes as defined in Section 100, without
regard to the quantity of biomedical waste produced per month.
(b) Storage and Handling.
(i) Containment of biomedical waste shall be in a manner and location which affords
protection from animals,rain, and wind and does not provide a breeding place or a
food source for insects or rodents.
(ii) Biomedical wastes shall be segregated from the general medical waste stream at the
point of origin and stored in separate containers. When possible,biomedical wastes
should be rendered non-infectious through chemical or physical treatment
procedures as approved by the facility's site safety officer.
(iii)Biomedical waste, except for sharps, shall be contained in disposable leakproof
containers having strength to prevent ripping,tearing or bursting under normal
conditions of use. The containers shall be secured to prevent leakage or expulsion
of solid or liquid waste during storage,handling or transport. The containers can be
of any color and shall be conspicuously labeled with the international biohazard
symbol, and the words "Biohazardous Waste" or words that clearly denote the
presence of biomedical waste.
(iv)All sharps, including home-generated sharps, shall be contained in leak-proof,rigid,
• puncture resistant,break resistant containers that are labeled and tightly lidded
during storage,handling and transport. These containers must be capable of
maintaining their structural integrity from the point of storage to deposition at an
approved disposal or collection site. The containers shall be of any color and shall
be conspicuously labeled with the international biohazard symbol,and the words
"Biohazardous Waste" or words that clearly denote the presence of biomedical
waste.
(v) Reusable Containers.
(A) Reusable containers for biomedical waste storage, handling or transport shall
be thoroughly washed and decontaminated by a method approved by the
Health Officer each time they are emptied,unless the surfaces of the
containers have been protected from contamination by disposable liners,bags
or other devices removed with the waste.
(B) Approved methods of decontamination are agitation to remove visible solid
residue combined with chemical disinfection. Chemical disinfectants should
be used in accordance with the manufacturer's recommendations or by
disinfectant concentration/contact times approved in writing by the Health
Officer. Other decontamination methods may be approved in writing by the
Health Officer.
(C) Reusable pails, drums or bins used for containment of biomedical waste shall
not be used for any other purpose except after being disinfected by procedures
as described in this regulation and after the international biohazard symbol and
the words "Biohazardous Waste" are removed.
•
DRAFT—JEFFERSON COUNTY 10 SOLID WASTE REGULATIONS
(vi)The handling and storage of all biomedical waste must prevent the dissemination of •
biomedical waste into the environment.
(vii)Trash chutes shall not be used to transfer biomedical waste.
(viii)Biomedical waste shall not be placed into the general waste stream unless
contained and treated.
(ix)Sharps shall not be placed into the general waste stream.
(c) Disposal.
(i) All biomedical waste that has been contained as described in Section 305(3)(b)
shall be disposed of at a solid waste handling facility permitted to receive such
waste.
(ii) All human or animal body parts, fetuses,and other pathological specimens shall be
disposed of either by appropriate interment, incineration or other method approved
by the Health Officer.
(iii)Untreated liquid and liquefied biomedical waste may be disposed of by release into
a sanitary sewage system,if this practice is approved by the providing sewer utility,
provided that the Health Officer shall have the authority to require the treatment of
any biomedical liquid, according to requirements specified by the Health Officer,
prior to release into a sanitary sewage system if deemed necessary to protect the
public health.
(iv)Biomedical waste shall be disposed of on a regular basis to avoid nuisance
conditions. If any nuisance condition exists,the Health Officer shall have the •
authority to require a specific disposal or collection frequency.
(v) Sharps must be contained in accordance with Section 305(3)(b)(iv)and prepared for
disposal by a means that protects medical handlers, solid waste workers and the
public from injury. The disposal of sharps shall be limited to the following
methods unless prohibited by the requirements of Chapter 70.95K RCW,
Biomedical Wastes:(No longer exempts home-generated sharps.)
(A) Depositing properly contained sharps at a facility that has agreed to accept
home generated sharps.
(B) Depositing properly contained sharps at a medical facility or pharmacy that
provides a program to dispose of sharps waste and that meets the requirements
of these regulations.
(C) Using a permitted biomedical waste collection service.
(E) Other methods approved by the Health Officer.
(d) Transfer of Biomedical Waste. Any biomedical waste generator,who produces(deleted
"100 lb of"here)untreated biomedical waste, shall have said waste collected and
transported by a permitted biomedical waste collection service.
(e) Inspection. The Health Officer shall have the authority to inspect any biomedical waste
generator, at any reasonable time,to determine if the generator's biomedical waste is being
handled,stored, and disposed of in accordance with this regulation,or to determine if the
waste generator's solid waste is being disposed of in accordance with this regulation.
411
DRAFT—JEFFERSON COUNTY 11 SOLID WASTE REGULATIONS
(f) Disposal Service Required. When a person does not dispose of biomedical waste in a
• manner consistent with these regulations,the Health Officer may order said person to obtain
ongoing and regularly scheduled biomedical waste collection and disposal service if said
person does not have this service and if commercial biomedical waste collection and
disposal service exists in or is offered in the geographic areas where the person resides.
Said service shall be from a biomedical waste collection and disposal service holding a
Solid Waste Handling Permit issued by Public Health.
(g) Biomedical Waste Collection Services. In addition to the general operation and
maintenance requirements applicable to persons operating a solid waste collection service
specified in Section 300,vehicles used by biomedical waste collection services shall have a
leakproof and fully enclosed vehicle compat tment constructed of durable and easily
cleanable materials,and shall be identified on each side of the vehicle with the name or
trademark of the biomedical waste collection service.
(4) Bulky Waste.
Bulky wastes shall be stored and transported in such a manner so as not to create a nuisance or
safety hazard. Recycling of bulky wastes is encouraged where programs have been established
to accept them. If recycling is not feasible,these wastes shall be taken directly to a disposal site
permitted to accept oversized waste. Land clearing bulky waste such as tree stumps,trees,
portions of buildings and other waste shall be transported directly to a transfer station or landfill
designed and permitted to accept these bulky wastes;provided,that nothing herein shall prevent
these wastes from being salvaged and/or used as firewood.
(5) Dangerous Waste.
• (a)All solid waste must be designated as required by WAC 173-303-070 to prevent the disposal
of dangerous waste at a facility not permitted to accept dangerous waste. All solid waste
that designates as a dangerous waste must be managed in a manner consistent with these
regulations and Chapter 173-303 WAC.
(b) The Health Officer may require the screening of any waste suspected of being a regulated
dangerous waste as defined in Section 100. The screening process may involve analytical
testing, a disclosure of the waste constituents and waste generation process, and other
additional information necessary to determine if the waste is dangerous. The Health Officer
may establish a schedule for compliance as part of the screening process. Based on the
results of the required screening,the Health Officer may require the generator or transporter
to direct the waste to a facility permitted to handle such waste.
(6)Moderate Risk Waste and Used Oil.
(a) Storage Requirements.
(i) Moderate Risk Waste(MRW),used oil,and hazardous substances shall be stored in
containers which are:
(A) Compatible with the waste contained therein;
(B) In good condition and without any leaks, corrosion or other signs of
deterioration;
• (C) Securely covered at all times except during the addition or removal of
contents; and
DRAFT—JEFFERSON COUNTY 12 SOLID WASTE REGULATIONS
(D) In the case of hazardous substances which are unused products,stored in their
original container. •
(ii) Containers of MRW,used oil,and hazardous substances shall be stored on an
impervious surface and in a location(s)that is covered and controlled to prevent:
(A) Container deterioration due to weather exposure;
(B) Surface water run-on;
(C) Exposure to extreme temperatures; and
(D) Any other controllable condition,which may cause or increase the possibility
of container failure.
(b) Accumulation. In addition to the quantity exclusion limits(QELs)for small quantity
generators contained in WAC 173-303-070(8),MRW,used oil, and hazardous substances
shall not be accumulated in quantities that,in the opinion of the Health Officer,present a
threat to public health or the environment.
(c)Transportation. MRW and used oil shall be transported in accordance with Section 300(3)
(d)Treatment and Disposal.
(i) Moderate Risk Waste. All MRW shall be transported to a permitted MRW
collection facility,or picked up by a permitted dangerous waste transporter for
treatment or disposal at a facility permitted to accept such waste. MRW may also
be processed using an on-site treatment system approved by Ecology that renders
the waste non-dangerous. MRW shall not be deposited in the general municipal •
solid waste collection system, a public sewer system,a storm drain, an on-site
sewage system,in surface or ground water,or onto or under the surface of the
ground.
(ii) Pesticides. Usable pesticides shall be utilized in accordance with the EPA approved
label requirements,or shall be disposed of,as appropriate,at a permitted hazardous
waste treatment, storage,or disposal facility,the Jefferson County Moderate Risk
Waste Collection Facility, or through an approved Department of Agriculture
collection event. Empty containers from canceled, suspended,or otherwise
unusable pesticides should be disposed of as a hazardous waste or triple rinsed in
accordance with the requirements under WAC 173-303-160(2)(b). Rinsate from a
pesticide container must be reused in a manner consistent with its original intended
purpose or disposed of as a hazardous waste under Chapter 173-303 WAC.
(iii)Used Oil. Used oil shall be recycled or disposed of at a facility permitted or
approved for that purpose,or as otherwise allowed by Ecology or the Health
Officer. Used oil may be taken to service stations or similar facilities that collect
used oil for subsequent reprocessing at a facility specifically permitted for that
purpose.
(e) Mitigation and Control. The person responsible for a spill or non-permitted discharge of
MRW,used oil,and/or hazardous substances shall take appropriate and immediate action to
protect public health and the environment,including any necessary measure required to
prevent the spread of contamination. In addition,the person responsible for a spill or
discharge shall: •
DRAFT—JEFFERSON COUNTY 13 SOLID WASTE REGULATIONS
(i) Notify Public Health and,when an imminent threat to public health or the
• environment exists, call 911;
(ii) Clean up any released hazardous substance, or take such actions as may be required
or approved by federal, state, or local officials; and
(iii)Meet applicable requirements of Section 305(7)as directed by the Health Officer.
(7) Problem Waste.
(a) Screening. Persons excavating problem waste as defined in Section 100,which is intended
for upland fill in Jefferson County and which may contain a hazardous substance, endanger
the public health, or adversely impact the environment, shall contact the Health Officer to
determine the need for screening in accordance with Section 305(9)(b)
(b) Management Options.
(i) Beneficial Reuse. Any person intending to beneficially reuse problem wastes must
first contact the Health Officer to determine the appropriate reuse options.
(ii) Treatment. Problem wastes may be treated to remove contaminants and, following
treatment,may be used as upland fill in Jefferson County if the treated waste is
determined by the Health Officer not to be a problem waste.
(iii)Disposal. Problem waste can only be disposed of at a solid waste handling facility
permitted to receive such waste.
(c) Waste Abrasive Blasting Grit Storage. Waste abrasive blasting grit shall be stored under
411 cover in a manner that minimizes contact with process water or stormwater. Persons
recycling waste abrasive blasting grit at a facility permitted to recycle such waste are
exempt from the provisions of Section 305(7)(b)of these regulations provided that the
recycling facility enlists a process and produces a final product that does not endanger
human health or the environment as a result of using said material.
(8) Septage.
Septage must be disposed of directly into a sewage treatment works, licensed as such by
Ecology,with the permission of and according to the requirements of the sewage treatment
works or disposed of into an alternative treatment works or other process approved by the
Health Officer. Septage of domestic quality,meeting all applicable requirements for biosolids
under Chapter 173-308 WAC,Biosolids Management,may be beneficially reused by being
applied to land as approved by the Health Officer on a case by case basis.
(9) Conditionally Exempt Small Quantity Generator(CESQG)Waste.
(a) Applicability. This section applies to conditionally exempt small quantity generators
(CESQGs)as defined in Section 100. In addition to the requirements of this section,
CESQGs must meet the storage requirements of Section 305(6)(a)
(b) Waste Designation. CESQGs shall designate suspected or known dangerous wastes
pursuant to WAC 173-303-070 through WAC 173-303-100.
• (c) Container Labeling. CESQGs shall label all containers of MRW and used oil with the name
of the waste and identify the major risk(s)associated with the waste in the container or tank
DRAFT—JEFFERSON COUNTY 14 SOLID WASTE REGULATIONS
for employees,emergency response personnel and the public. Containers of MRW shall •
also be labeled with the words"hazardous waste"or"dangerous waste".
(d) Secondary Containment. The Health Officer may require an CESQG to provide secondary
containment for liquid MRW and/or used oil stored on-site if the Health Officer determines
that there is a potential threat to public health or the environment due to the nature of the
wastes being accumulated,the location of accumulation,or due to a history of spills or
releases from accumulation containers. When required under this section, a secondary
containment system must be durable,compatible with the waste it is meant to contain, and
large enough to contain a volume equal to ten(10)percent of all containers,or one hundred
and ten percent(110%)of the largest single container,whichever is greater.
(e) Hazardous Materials Management Plans. If a CESQG has violated any part of this
regulation,the Health Officer may require the CESQG to prepare and follow a written
Hazardous Materials Management Plan approved by Public Health and in a format
prescribed by Public Health.
310—Intermediate Solid Waste Handling Facilities
WAC 173-350-310,Intermediate Solid Waste Handling Facilities is hereby adopted by reference.
320—Piles Used for Storage or Treatment
WAC 173-350-320,Piles Used for Storage or Treatment is hereby adopted by reference. Paragraph
320(7)has been revised as follows: •
320(7)Piles used for Storage or Treatment—Financial Assurance requirements.
(a) Financial Assurance may be required for certain piles treating or storing solid waste as determined
by Public Health.
(b)If required by Public Health,the owner or operator shall establish a financial assurance mechanism
in accordance with 173-350-600 for closure in accordance with the approved closure plan. The funds
shall be sufficient for hiring a third party to remove the maximum amount of wastes that could be
present at any time during the operation of the facility and to accomplish closure in accordance with the
facility closure plan.
(c)If required,no owner or operator shall commence or continue to operate any part of the facility until
a suitable fmancial assurance mechanism has been provided to the JHD in accordance with WAC 173-
350-600.
330—Surface Impoundments and Tanks
WAC 173-350-330,Surface Impoundments and Tanks, is hereby adopted by reference. Paragraph
330(7)has been revised as follows:
330(7)Surface Impoundments and Tanks—Financial Assurance requirements.
(a) Financial Assurance may be required for certain surface impoundments and tanks used for treating
or storing solid waste as determined by Public Health. .
DRAFT—JEFFERSON COUNTY 15 SOLID WASTE REGULATIONS
(b)If required by Public Health, the owner or operator shall establish a financial assurance mechanism
• in accordance with 173-350-600 for closure in accordance with the approved closure plan. The funds
shall be sufficient for hiring a third party to remove the maximum amount of wastes that could be
present at any time during the operation of the facility and to accomplish closure in accordance with the
facility closure plan.
(c)If required,no owner or operator shall commence or continue to operate any part of the facility until
a suitable financial assurance mechanism has been provided to the JHD in accordance with WAC 173-
350-600.
350—Waste Tire Storage and Transportation
WAC 173-350-350, Waste Tire Storage and Transportation is hereby adopted by reference.
360—Moderate Risk Waste Handling
WAC 173-350-360,Moderate Risk Waste Handling is hereby adopted by reference.
400—Limited Purpose Landfills
WAC 173-350-400,Limited Purpose Landfills is hereby adopted by reference.
410—Inert Waste Landfills
WAC 173-350-410,Inert Waste Landfills is hereby adopted by reference.
450—Municipal Solid Waste Landfills
WAC 173-351, Criteria for Municipal Solid Waste Landfills is hereby adopted by reference.
460—Construction and Notification Standards Near Landfills
(1) Construction Requirements.
(a)Methane Protection.
(i) Any person constructing or developing any area within one-thousand(1,000)feet of
the footprint of an active, closed,or abandoned landfill shall provide documentation
that demonstrates that levels of methane gas within this one-thousand(1,000)foot
zone are below the lower explosive limits(LEL)under all conditions. A
description of the investigation methodology, all analytical data,and conclusions
shall be presented in a report submitted by a licensed professional engineer or
professional geologist to the Health Officer and the local building department for
review and approval. Copies of this report shall also be provided to the Washington
Department of Ecology and the Puget Sound Clean Air Agency; and
(ii) Any person constructing or developing any area within one-thousand(1,000)feet of
the footprint of an active, closed,or abandoned landfill shall provide documentation
that demonstrates that all enclosed structures are protected from potential methane
• migration.The method for ensuring a structure's protection from methane shall be
addressed in a report submitted by a licensed professional engineer to the Health
DRAFT—JEFFERSON COUNTY 16 SOLD)WASTE REGULATIONS
Officer and the local building department for approval. Such a report shall contain
a description of the mitigation measures to prevent the accumulation of explosive
•
concentrations of methane gas within or under enclosed portions of a building or
structure. At the time of final inspection,the engineer shall furnish a signed
statement attesting that the building or structure has been constructed in accordance
with his/her recommendations for addressing methane gas migration.
(iii)The Health Officer may grant a variance to the requirements in Section 460(1)(a)(ii)
above,based on a review of data submitted pursuant to preceding Section
460(1)(a)(i).
(b) Stormwater. To minimize erosion impacts and leachate generation,no person shall detain
stormwater on a closed or abandoned landfill. Stormwater may be conveyed across a closed
or abandoned landfill if the conveyance system has been engineered to minimize the
percolation of stormwater into the landfill.
(c) Construction within the Footprint of the Landfill. No person shall construct within the
footprint of a closed or abandoned landfill without first having submitted detailed
engineering plans documenting how potential hazards will be controlled. Potential hazards
include,but are not limited to, subsidence,methane,odor problems,hazards associated with
subsurface utility installation, and leachate generation. A qualified,licensed Professional
Engineer(PE)shall sign such plans. These plans must be submitted for review and
approval to the jurisdictional building department and Public Health,or Public Health's
designated representative.
(d) Groundwater Supply Wells. No person shall construct a groundwater supply well within
one-thousand(1,000)feet of an active, closed,or abandoned landfill property boundary
without a formal request for variance as outlined in Chapter 173-160 WAC,Minimum
Standards for the Construction and Maintenance of Wells.
(e) Methane Monitoring. All landfills where methane gas is generated shall provide for
adequate venting,collecting,redirecting,or elimination of gases generated by solid waste.
It shall be the responsibility of the landfill owner/operator to develop a sampling and testing
program to monitor gas production and potential migration.
(2) Notification Requirements for Owners of Landfills.
All owners of active,closed,or abandoned landfills shall:
(a) File a Notice to Title with the County Auditor's office noting the presence of a landfill on
the tax parcel within one-hundred and eighty(180)days of the effective date of these
regulations.
(b) For any property without notice to title,Public Health may file a notice to title regarding the
presence of a landfill on the property.
(c) Disclose the presence of an active, closed, or abandoned landfill to all prospective
purchasers of the property.
490—Other Methods of Solid Waste Handling •
DRAFT—JEFFERSON COUNTY 17 SOLID WASTE REGULATIONS
WAC 173-350-490, Other Methods of Solid Waste Handling is hereby adopted by reference.
• 500—Ground Water Monitoring
WAC 173-350-500, Ground Water Monitoring is hereby adopted by reference.
600—Financial Assurance Requirements
WAC 173-350-600,Financial Assurance Requirements is hereby adopted by reference. Paragraph
600(1)of the WAC is revised by adding the following subparagraph.
(d) Certain waste piles; certain surface impoundments and tanks; and certain compost facilities as
determined by Public Health.
700—Permits and Local Ordinances
WAC 173-350-700,Permits and Local Requirements, is hereby adopted by reference. Section 700(1)
of the WAC is revised by adding the following subparagraph.
(d) Landfills closed pursuant to this Chapter 173-351,Mixed Municipal Solid Waste Landfills or
Chapter 173-304 are required to obtain a closure-post closure permit.
(e) Permit holders must comply with all rules and intent of the Jefferson County Comprehensive Solid
Waste Management Plan(JCCSWMP).
710—Permit Application and Issuance
WAC 173-350-710,Permit Application and Issuance is hereby adopted by reference.
715—General Permit Application Contents
WAC 173-350-715, General Permit Application Contents is hereby adopted by reference.
900—Corrective Action
WAC 173-350-900, Corrective Action is hereby adopted by reference.
950—Administration And Enforcement
(1) Other Laws,Regulations and Agency Requirements
(a) All solid waste management shall be subject to the authority of other laws,regulations or
other agency requirements in addition to these rules and regulations. Nothing in these rules
and regulations is intended to abridge or alter the rights of action by the state or by persons,
which exist in equity,common law or other statutes to abate pollution or to abate a
nuisance.
(b) Chapter 173-350 WAC,Minimum Functional Standards for Solid Waste Handling,is
hereby adopted by reference.
•
DRAFT—JEFFERSON COUNTY 18 SOLID WASTE REGULATIONS
•
(c) If a conflict exists in the interpretation of Chapter 173-350 WAC and these regulations,or
in the interpretation of Chapter 173-351 WAC and these regulations,the more stringent
regulation shall apply to better protect public health and the environment.
(2) Enforcement Authority.
The Health Officer shall have the authority to enforce the provisions of these regulations
equally on all persons. The Health Officer is also authorized to adopt rules consistent with the
provisions of these rules and regulations for the purpose of enforcing and carrying out its
provisions.
(3) Right of Entry
(a)Whenever necessary to make an inspection to enforce or determine compliance with the
provisions of these regulations, and other relevant laws and regulations, or whenever the
Health Officer has cause to believe that a violation of these regulations has or is being
committed,the Health Officer or his/her duly authorized inspector may,in accordance with
federal and state law, seek entry of any building, structure,property or portion thereof at
reasonable times to inspect the same.
(b)Prior to entering any building, structure,property or portion thereof the Health Officer or
his/her duly authorized inspector shall attempt to secure the consent of the owner,occupant
or other person having apparent charge or control of said building, structure,property or
portion thereof.
(i)If such building, structure,property or portion thereof is occupied,the inspector shall
present identification credentials, state the reason for the inspection, and request •
entry.
(ii)In attempting to contact the owner,occupier or other persons having apparent
control of said building, structure,property or portion thereof,the inspector may
approach said building or structure by a recognizable access route leading to said
building or structure.
(c) If permission to enter said building, structure,property or portion thereof is not obtained
from the owner, occupier or other persons having apparent control of said building,
structure,property or portion thereof the inspector may enter said building, structure,
property or portion thereof only to the extent permitted by federal and state law.
(d) If permission to enter said building, structure,property or portion thereof is not obtained
from the owner, occupier or others persons having apparent control of said building,
structure,property or portion thereof,the Health Officer or his/her duly authorized inspector
shall also have recourse to any other remedies provided by law to secure entry,including
but not limited to search warrants.
(4)Inspections—Permitted Facilities
(a) General.At a minimum,the Health Officer shall perform annual inspections of all permitted
solid waste facilities. Findings shall be noted and kept on file. A copy of the inspection
report or annual summary shall be furnished to the site operator by the Health Officer.
(b)Pre-Operational Inspection.Whenever plans and specifications are required by these •
regulations to be submitted to the Health Officer,the Health Officer may inspect the
DRAFT—JEFFERSON COUNTY 19 SOLID WASTE REGULATIONS
proposed solid waste disposal site, solid waste handling facility,or solid waste collection
• service prior to the start of the operations to verify compliance with approved plans and
specifications.
(5) Notice and Order to Correct Violation
(a) Issuance. Whenever the Health Officer determines that a violation of these regulations has
occurred or is occurring,he/she may issue a written notice and order to correct violation to
the property owner or to any person causing, allowing or participating in the violation.
(b) Content. The notice and order to correct violation shall contain:
(i) The name and address of the property owner or other persons to whom the notice
and order to correct violation is directed;
(ii) The street address or description sufficient for identification of the building,
structure,premises, or land upon or within which the violation has occurred or is
occurring;
(iii)A description of the violation and a reference to that provision of the regulation,
which has been violated;
(iv)A statement of the action required to be taken to correct the violation and a date or
time by which correction is to be completed;
(v) A statement that each violation of this regulation shall be a separate and distinct
offense and in the case of a continuing violation,each day's continuance shall be a
• separate and distinct violation; and
(vi)A statement that the failure to obey this notice may result in the issuance of a notice
of civil infraction, and/or the assessment of an administrative remedy, and/or,if
applicable,the imposition of criminal penalties.
(c) Disposal Receipts. The notice and order to correct violation may also include a statement
requiring the person to whom the notice and order to correct violation is directed to produce
receipts from a permitted solid waste disposal facility or transporter to demonstrate
compliance with an order issued by the Health Officer.
(d) Service of Order. The notice and order to correct violation shall be served upon the person
to whom it is directed, either personally or by mailing a copy of the order to correct
violations by first class and/or certified mail postage prepaid,return receipt requested,to
such person at his/her last known address.
(e) Extension. Upon written request received prior to the correction date or time, the Health
Officer may extend the date set for corrections for good cause. The Health Officer may
consider substantial completion of the necessary correction or unforeseeable circumstances
that render completion impossible by the date established as a good cause.
(f) Supplemental Order to Correct Violation. The Health Officer may at any time add to,
rescind in part, or otherwise modify a notice and order to correct violation. The
supplemental order shall be governed by the same procedures applicable to all notice and
order to correct violations procedures contained in these regulations.
DRAFT—JEFFERSON COUNTY 20 SOLID WASTE REGULATIONS
(g) Enforcement of Order. If, after any order is duly issued by the Health Officer,the person to •
whom such order is directed fails,neglects,or refuses to obey such order,the Health Officer
may:
(i) Utilize any remedy or penalty under Section 950(6). of these regulations; and/or
(ii) Abate the health violation using the procedures of these regulations;and/or
(iii)Pursue any other appropriate remedy at law or equity.
(h) Written Assurance of Discontinuance.The Health Officer may accept a written assurance of
discontinuance of any act in violation of this regulation from any person who has engaged
in such act. Failure to comply with the assurance of discontinuance shall be a further
violation of this regulation.
(6) Violations,Remedies and Penalties
(a) Violations.
(i) Violations of these regulations may be addressed through the remedies and
penalties provided in this section.
(ii) Each violation of these regulations shall be a separate and distinct offense and in
the case of a continuing violation,each day's continuance shall be considered a
separate and distinct violation.
(iii) The Health Officer may investigate alleged or apparent violations of these
regulations. Upon request of the Health Officer,the person allegedly or apparently i
in violation of these regulations shall provide information identifying themselves.
(b) Civil Remedies.
(i) Except as provided in Section 950(6)(b)(ii),the violation of any provision of these
regulations is designated as a Class 1 civil infraction pursuant to Chapter 7.80
RCW, Civil Infractions.
(ii) Any person who unlawfully dumps solid waste as described in Section 025(3)(b)
for waste in an amount greater than one(1)cubic foot has committed a Class 1 civil
infraction pursuant to Chapter 7.80 RCW,Civil Infractions. Any person who
unlawfully dumps solid waste in an amount less than or equal to one(1)cubic foot
has committed a Class 3 civil infraction pursuant to Chapter 7.80 RCW. The court
may also impose restitution for any violation.
(iii)The Health Officer may issue a notice of civil infraction pursuant to Chapter 7.80
RCW if the Health Officer has reasonable cause to believe that the person has
violated any provision of these regulations or has not corrected the violation as
required by a written notice and order to correct violation. Civil infractions shall be
issued,heard and determined as described in Chapter 7.80 RCW, and any
applicable court rules.
(c) Criminal Penalties.
(i) Any person who unlawfully dumps biomedical waste as described in Section
025(3)(b)shall be,upon conviction,guilty of a misdemeanor and shall be subject to
a fine of not more than$1,000,or imprisonment in the county jail not to exceed
ninety(90)days, or both. The court may also impose restitution.
DRAFT—JEFFERSON COUNTY 21 SOLID WASTE REGULATIONS
(ii)Any person who unlawfully dumps dangerous waste or extremely hazardous waste
• in violation of RCW 70.105.085 shall be,upon conviction, guilty of a gross
misdemeanor under RCW 70.105.0900 and shall be subject to a fine of not less than
$100 nor more than$10,000, or imprisonment in county jail for not more than one
(1)year, or both. The court may also impose restitution.
(iii)Any person who unlawfully dumps solid waste as described in Section 025(3)(b)
and in an amount less than one(1)cubic yard,but greater than(1)cubic foot, shall
be, upon conviction,guilty of a misdemeanor, and shall be subject to a fine of not
more than$1,000,or imprisonment in the county jail not to exceed ninety(90)
days, or both. The court may also impose restitution as stated in Chapter 70.95
RCW, Solid Waste Management-Reduction and Recycling.
(iv)Any person who unlawfully dumps solid waste as described in Section 025(3)(b)of
these regulations and in an amount greater than(1)cubic yard, shall be,upon
conviction, guilty of a gross misdemeanor, and shall be subject to a fine of not more
than$5,000, or imprisonment in the county jail not to exceed one(1)year, or both.
The court may also impose restitution as stated in Chapter 70.95 RCW, Solid Waste
Management-Reduction and Recycling.
(v)Any person who fails,neglects,or refuses to obey an order of the Health Officer to
correct a violation as set forth in Section 950(5)(g)above shall be,upon conviction,
guilty of a misdemeanor and shall be subject to a fine of not more than$1,000,or
imprisonment in the county jail not to exceed ninety(90)days, or both. The court
may also impose restitution.
(vi)Any person who fails,neglects, or refuses to comply with a written assurance of
• discontinuance pursuant to Section 950(5)(h)above shall be,upon conviction,
guilty of a misdemeanor and shall be subject to a fine of not more than$1,000,or
imprisonment in the county jail not to exceed ninety(90)days, or both. The court
may also impose restitution.
(vii)Any person who operates a solid waste facility or collection service without a
permit shall be,upon conviction, guilty of a misdemeanor and shall be subject to a
fine of not more than$1,000, or imprisonment in the county jail not to exceed
ninety(90)days, or both. The court may also impose restitution.
(viii)Any person who operates a solid waste facility or collection service after a permit
has been revoked shall be,upon conviction, guilty of a misdemeanor and shall be
subject to a fine of not more than$1,000, or imprisonment in the county jail not to
exceed ninety(90)days, or both. The court may also impose restitution.
(d) Noncompliance Fees.
(i) Pursuant to the most current Public Health fee schedule adopted by the Board of
Health,Public Health may assess a noncompliance fee to a permittee for the
following:
(A) Public Health oversight and review required as a result of the Health Officer's
determination that a permitted facility is not in compliance with its permit
and/or applicable regulations and has not met the compliance dates specified
in a notice and order to correct violation; or
(B) Amendments to an existing Public Health permit required as a result of the
• permitted facility not being in compliance with its permit and/or applicable
regulations.
DRAFT—JEFFERSON COUNTY 22 SOLID WASTE REGULATIONS
(C) Second and subsequent re-inspections conducted by Public Health in response •
to the permittee not complying with their permit or the permittee not meeting
the requirements outlined in a notice and order to correct violation.
(ii) Whenever a noncompliance fee is assessed by Public Health,the fee shall be due
and payable thirty(30)days after receipt of the invoice by the permittee.
(iii)The noncompliance fee shall not be assessed in addition to the permit fee for
permitted facilities where permit fees,as described in the most recent Public Health
fee schedule, specifically include those Public Health activities described in Section
950(6)(d)(i).
(e) Stop-Work Orders.The Health Officer may cause a Stop-Work order to be issued whenever
the Health Officer has reason to believe that a violation of this regulation is occurring. The
effect of the Stop-Work order shall be to require the immediate cessation of such work or
activity that has contributed to the violation until authorized by the Health Officer to
proceed.
(i)Content. A Stop-Work Order shall include the following:
(A)The name and address for the person responsible for the alleged violation;
(B)The street address or description sufficient for identification of the building,
structure or premises,or land upon or within which the alleged violation has
occurred or is occurring.
(C)A description of the violation and reference to the provision of the Jefferson
County Board of Health Ordinance,which has been allegedly violated;
(D)The required corrective action;
(E)A statement that a failure to comply with the order may lead to issuance of a
civil infraction to the person named in the order;
(F)A statement that the person to whom the Stop Work Order is directed can
appeal the Order to the Health Officer in accordance with the Jefferson County
Public Health Ordinance 2005-XX, §950(7)and that any such appeal must be
presented to the Health Officer with ten days.
(ii) Service of Notice. The Health Officer shall serve the Stop Work Order upon the
owner of the property where the alleged violation occurred or is occurring,either
personally or by mailing a copy of the notice by regular and certified or registered
mail,within a five-day return receipt requested,to the owner at his or her last
known address. A copy of the Order shall also be posted on the property where the
alleged violation occurred or is occurring.
(iii)Posting of Notice. In addition to service of the notice listed above, an additional
notice shall be posted on the property in substantially the following form:
Under the authority of Jefferson County Public Health Ordinance 2005-XX,Solid Waste Regulations
you are hereby required to immediately
STOP WORK
This order is in effect at this property for all work and activities that relate to violations of Jefferson
County Public Health Ordinance 2005-XX,Solid Waste Regulations, and remains in effect until
removed by Public Health. It is a violation of these regulations to remove, deface,destroy,or conceal a
posted Stop Work Order. FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN THE
ISSUANCE OF A CIVIL INI'RACTION.
DRAFT—JEFFERSON COUNTY 23 SOLID WASTE REGULATIONS
• (f)Voluntary Correction. When the Health Officer determines that a violation has occurred or
is occurring, he or she shall attempt to secure voluntary correction by contacting the person
responsible for the alleged violation and, where possible, explaining the violation and
requesting correction.
(i) Voluntary Correction Agreement. The person responsible for the alleged violation
may enter into a voluntary correction agreement with Public Health. The voluntary
correction agreement is a contract between Public Health and the person
responsible for the violation in which such person agrees to abate the alleged
violation within a specified time and according to specified conditions. The
voluntary correction agreement will be in lieu of the issuance of further citations or
the abatement of the property pursuant to RCW 7.48 or Jefferson County Board of
Health Ordinance 2005-XX§ 950(6)(g). The voluntary correction agreement shall
include the following:
(A)The name and address of the person responsible for the alleged violation;
(B)The street address or other description sufficient for identification of the
building, structure,premises,or land upon or within which the alleged
violation has occurred or is occurring;
(C)A description of the alleged violation and a reference to the regulation,which
has been violated;
(D)The necessary corrective action to be taken, and a date or time by which
correction must be completed;
• (E)An agreement by the person responsible for the alleged violation that Public
Health may enter the property and inspect the premises as may be necessary to
determine compliance with the voluntary correction agreement;
(F)An agreement by the person responsible for the alleged violation that Public
Health may enter the property to abate the violation and recover its costs and
expenses(including administrative,hearing and removal costs) from the
person responsible for the alleged violation if the tei ins of the voluntary
correction agreement are not satisfied; and
(G)An agreement that by entering into the voluntary correction agreement,the
person responsible for the alleged violation waives the right to a hearing
before the Health Officer under these regulations or otherwise,regarding the
matter of the alleged violation and/or the required corrective action.
(ii) Right to a Hearing Waived.By entering into a voluntary correction agreement,the
person responsible for the alleged violation waives the right to a hearing before the
Health Officer under these regulations or otherwise,regarding the matter of the
violation and/or the required corrective action.
(iii)Extension and Modification.The Health Officer may, at his or her discretion,grant
an extension of the time limit for correction or a modification of the required
corrective action if the person responsible for the alleged violation has shown due
diligence and/or substantial progress in correcting the violation,but unforeseen
circumstances have delayed correction under the original conditions.
• (iv)Abatement by Public Health.The county may abate the alleged violation in
accordance with Section 950(6)(g)if all terms of the voluntary correction
DRAFT—JEFFERSON COUNTY 24 SOLID WASTE REGULATIONS
agreement are not met, except that the person responsible for the alleged violation
shall not have a right to appeal the Abatement Order. •
(v)Collection of Costs. If all terms of the voluntary correction agreement are not met,
the person responsible for the alleged violation shall be assessed all costs and
expenses of abatement,as set forth in Jefferson County Public Health Ordinance
2005-XX, §950(6)(g).
(g)Abatement Orders. Where the Health Officer has determined that a violation of these
regulations has occurred or is occurring,he or she may issue and Abatement Order to the
person responsible for the alleged violation requiring that the unlawful condition be abated
within a reasonable time period as determined by the Health Officer.
(i)Prerequisite to Abatement Order. Absent conditions whish pose an immediate threat
to the public health, safety or welfare of the environment,the procedures for
abatement of conditions constituting a violation of these regulations should only be
utilized by Public Health only after corrections of such conditions has been
attempted through the use of the civil infractions process. Once it has been
determined by Public Health that correction of such conditions has not been
adequately achieved through use of the civil infraction process,then Public Health
shall proceed with abatement of such conditions pursuant to these regulations.
Public Health shall also attempt to enter into a voluntary corrections agreement
prior to issuing an Abatement Order.
(ii)Content. An Abatement Order shall include the following:
(A)The name and address for the person responsible for the alleged violation;
(B)The street address or description sufficient for identification of the building, •
structure or premises,or land upon or within which the alleged violation has
occurred or is occurring;
(C)A description of the violation and reference to the provision of the Jefferson
County Board of Health Ordinance,which has been allegedly violated;
(D)The required corrective action and a date and time by which the correction must
be completed and after which,the.Health Officer may abate the unlawful
condition in accordance with Jefferson County Public Health Ordinance 2005-
XX, §950(6)(g);
(E)A statement that the costs and expenses incurred by Public Health pursuant to
Jefferson County Public Health Ordinance 2005-XX, §950(6)(g), including
any amount expended on staff time to oversee the abatement,may be assessed
against a person to whom the Abatement Order is directed; and
(F)A statement that the person to whom the Abatement Order is directed can
appeal the Order to the Health Officer in accordance with Jefferson County
Public Health Ordinance 2005-XX, §950(7).
(iii) Service of Notice. The Health Officer shall serve the Abatement Order upon the
owner of the property where the alleged violation occurred or is occurring,either
personally or by mailing a copy of the notice by regular and certified or registered
mail,within a five-day return receipt requested,to the owner at his or her last
known address. The Order shall also be served on each of the following if known
to the Health Officer or disclosed from official public records: the holder of any •
mortgage or deed of trust or other lien or encumbrance of record;the owner or
DRAFT—JEFFERSON COUNTY 25 SOLID WASTE REGULATIONS
holder of any lease of record and the holder of any other estate or legal interest of
• record in or to the property or any structures on the property. The failure of the
Health Officer to serve any person required herein to be served, shall not invalidate
any proceedings hereunder as to any other person duly or relieve any such person
from any duty or obligation imposed by the provisions of this section. A copy of
the Order shall also be posted on the property where the alleged violation occurred
or is occurring.
(iv)Authorized Action by Public Health. Using any lawful means,Public Health may
enter the subject property and may remove or correct the condition that is subject to
abatement.
(v) Recovery of Costs and Expense. The costs of correcting a condition which
constitutes a violation of these regulations, including all incidental expenses, shall
be billed to the owner of the property upon which the alleged violation occurred or
is occurring, and shall become due within fifteen calendar days of the date of
mailing the billing for abatement. The term"incidental expenses"includes,but is
not limited to,personnel costs,both direct and indirect and including attorney's
fees; costs incurred in documenting the violation; towing/hauling, storage and
removal/disposal expenses; and actual expenses and costs to Public Health in
preparing notices, specifications and contracts associated with the abatement,and in
accomplishing and/or contracting and inspecting the work; and the costs of any
required printing and mailing.
(vi) Collection of Costs and Expenses. The costs and expenses of correcting a
condition,which constitutes a violation of these regulations, shall constitute a
personal obligation of the person to whom the Abatement Order is directed. Within
411 fifteen days of abating any violation,the Health Officer shall send the person
named in the Abatement Order a bill that details the work performed,materials
removed, labor used and the costs and expenses related to those tasks as well as any
other costs and expenses incurred in abating the violation.
(h)Notice to Vacate. When a condition constitutes a violation of these regulations and poses an
immediate threat to life, limb,property or safety of the public or persons residing on the
property, the Health Officer may issue a Notice to Vacate.
(i)Content. A Notice to Vacate shall include the following:
(A)The name and address for the person responsible for the alleged violation;
(B)The street address or description sufficient for identification of the building,
structure or premises,or land upon or within which the alleged violation has
occurred or is occurring;
(C)A description of the violation constituting an emergency and reference to the
provisions of the Jefferson County Board of Health regulations,which has
been allegedly violated;
(D)A date, as determined by the severity of the emergency,by which any persons
must vacate the premises. Incase of extreme danger to persons or property
immediate compliance shall be required;
(E)The required corrective action;
(F)A statement that the person to whom the Notice to Vacate is directed can appeal
the order to the Health Officer in accordance with Jefferson County Public
DRAFT—JEFFERSON COUNTY 26 SOLID WASTE REGULATIONS
Health Ordinance 2005-XX, §950(7)and that any such appeal must be
presented to the Health Officer with ten days. •
(ii) Service of Notice. The Health Officer shall serve the Abatement Order upon the
owner of the property where the alleged violation occurred or is occurring, either
personally or by mailing a copy of the notice by regular and certified or registered
mail,within a five-day return receipt requested,to the owner at his or her last
known address. A copy of the Order shall also be posted on the property where the
alleged violation occurred or is occurring.
(iii)Posting the Notice. In addition to providing service as states above, an additional
notice shall be posted on the property in substantially the following form:
DO NOT ENTER
UNSAFE TO OCCUPY
It is a violation of the Jefferson County Board of Health Ordinance 2005-XX to occupy this building, or
to remove or deface this notice.
,Health Officer
Jefferson County Public Health
(iv)Compliance. No person shall remain in or enter any building, structure,or property
which has been so posted,except that entry may be made to repair or correct any
conditions causing or contributing to the threat to life,limb,property, or safety of
the public or persons residing on the property. No person shall remove or deface
any such notice after it is posted until the required corrective action has been
completed and approved.
•
(i) Permit Violation, Suspension,Revocation, and Appeal.
(i) Permit Violation. Any violation of a permit requirement issued pursuant to these
regulations shall be a violation of these regulations.
(ii) Suspension of Permits.
(A)The Health Officer may temporarily suspend any permit issued under these
regulations for:
(1) Failure of the holder to comply with the requirements of the permit;
(2) Failure to comply with any notice and order to correct violation issued
pursuant to these regulations related to the permitted activity;
(3) Failure to comply with a stop-work or abatement order issued pursuant to
Section 950(6)(e)and(g)of these regulations; or
(4) The non-payment or dishonor of any check or draft used by the permit
holder to pay any Public Health fees associated with the permit.
(B)Permit suspension shall be carried out through the notice and order to correct
violation provisions specified in Section 950(5),and the suspension shall be
effective upon service of the notice and order to correct violation upon the
holder or operator. The holder or operator may appeal such suspension as
provided in Section 950(7)and Section 950(6)(i)(iv)of these regulations. •
DRAFT—JEFFERSON COUNTY 27 SOLID WASTE REGULATIONS
•
(C) Notwithstanding any other provision of this regulation,whenever the Health
• Officer finds that a violation of this regulation has created or is creating an
unsanitary, dangerous or other condition which, in his/her judgment,
constitutes an immediate and irreparable hazard,he/she may,without service
of a written notice and order to correct violation, suspend and terminate
operations under the permit immediately.
(iii)Revocation of Permits.
(A) The Health Officer may permanently revoke any permit issued by him/her for:
(1)Failure of the holder to comply with the requirements of the permit;
(2)Failure of the holder to comply with any notice and order to correct
violation issued pursuant to these regulations related to the permitted
activity;
(3)Failure to comply with a stop-work or abatement order issued pursuant to
Section 950(6)(e)and(g);
(4)Interference with the Health Officer in the performance of his/her duties;
(5)Discovery by the Health Officer that a permit was issued in error or on the
basis of incorrect information supplied to him/her; or
(6)The non-payment or dishonor of any check or draft used by the holder to
pay any Public Health fees associated with the permit.
(B) Such permit revocation shall be carried out through the he notice and order to
correct violation provisions specified in Section 950(5)and the revocation
shall be effective upon service of the notice and order to correct violation upon
the holder or operator. The holder or operator may appeal such revocation,as
provided in Section 950(7)and Section 950(6)(i)(iv)of these regulations.
(C) A permit may be suspended pending its revocation or a hearing relative to
revocation pursuant to the provisions of Section 950(6)(i)(iii)(B). above.
(iv)Permit Appeal.
(A) Subject to Appeal. Any denial, suspension or revocation of a solid waste
permit by the Health Officer may be appealed.
(B) Appellant Defined. The appellant shall be the applicant for a solid waste
permit or holder of a solid waste permit who appeals a decision denying,
suspending or revoking a solid waste permit.
(C) Appeal Procedure. The appeal procedure shall be carried out through the
appeals process specified in Section 950(7).
(j) Other Legal or Equitable Relief. Notwithstanding the existence or use of any other remedy,
the Health Officer may seek legal or equitable relief to enjoin any acts or practices or abate
any conditions that constitute or will constitute a violation of this ordinance, or rules and
regulations adopted under it, or any state health law or regulation,or that otherwise
threatens public health.
4111
DRAFT—JEFFERSON COUNTY 28 SOLID WASTE REGULATIONS
(k) Imminent and Substantial Dangers. Notwithstanding any provisions of this regulation the
Health Officer may take immediate action to prevent an imminent and substantial danger to
•
the public health by the improper management of any waste irrespective of quantity or
concentration.
(7) Appeals
(a)Appeal of Public Health Action—Health Officer Administrative Hearing.
Any person aggrieved by the contents of a notice and order to correct violation issued under
this regulation, or by any inspection or enforcement action conducted by Public Health
under this regulation,may request,in writing, a hearing before the Health Officer or his or
her designee. The appellant shall submit specific statements in writing of the reason why
error is assigned to the decision of Public Health. Such request shall be presented to the
Health Officer within ten(10)business days of the action appealed; except in the case of a
suspension,the request for a hearing must be made within five (5)business days. Upon
receipt of such request together with hearing fees,the Health Officer shall notify the person
of the time,date, and place of such hearing,which shall be set at a mutually convenient
time not less than five(5)business days nor more than thirty(30)business days from the
date the request was received. The Health Officer will issue a decision upholding or
reversing Public Health's action. The Health Officer may require additional actions as part
of the decision.
(b) Appeal of Administrative Hearing.
(i) Any person aggrieved by the fmdings or required actions of an administrative
hearing shall have the right to appeal the matter by requesting a hearing before the
•
Board of Health. Such notice of appeal shall be in writing and presented to the
Health Officer within five(5)business days of the findings and actions from the
administrative hearing. The appellant shall submit specific statements in writing of
the reason why error is assigned to the decision of the Health Officer,and which
shall be accompanied by a fee as established in the current Public Health fee
schedule. The appellant and the Health Officer may submit additional information
to the Board of Health for review.
(ii) The notice and order to correct violation shall remain in effect during the appeal.
Any person affected by the notice and order to correct violation may make a written
request for astay of the decision to the Health Officer within five(5)business days
of the Health Officer's decision. The Health Officer will grant or deny the request
within five(5)business days.
(iii)Upon receipt of a timely written notice of appeal together with the hearing fee,the
Health Officer shall set a time,date,and place for the requested hearing before the
Board of Health and shall give the appellant written notice thereof. Such hearing
shall be set at a mutually convenient time not less than five (5)business days or
more than thirty(30)business days from the date the appeal was received by the
Health Officer.
(iv)Any decision of the Board of Health shall be final and may be reviewed by an
action filed in superior court. Any action to review the Board's decision must be
filed within thirty(30)business days of the date of the decision.
(8) Variances •
DRAFT—JEFFERSON COUNTY 29 SOLID WASTE REGULATIONS
(a) Applicability. Any person who owns or operates a solid waste facility may apply to the
• Health Officer for a variance from any paragraph of these regulations except as provided in
Section 950(8)(b)(iv)of these regulations.
(b) Granting Requirements.
(i) The Health Officer may grant such variance if it finds that:
(A)The solid waste handling practices or site location do not endanger public
health, safety or the environment; and
(B) Compliance with the regulation from which variance is sought would produce
hardship without equal or greater benefits to the public; and
(C)No other practicable or reasonable alternative exists. A practicable alternative
is one that is available and capable of being carried out after taking into
consideration cost, existing technology, and logistics in light of overall project
purposes, and better reducing or eliminating impacts to health and the
environment. It may include equipment or facilities not owned by the
applicant that could have reasonably been or be obtained,utilized, expanded,
or managed in order to manage,reduce, or eliminate impacts to health and the
environment. A reasonable alternative is one that could feasibly attain or
approximate compliance,but would better reduce or eliminate impacts to
health and the environment.
(ii) No variance shall be granted pursuant to this paragraph until the Health Officer has
considered the relative interests of the applicant, other owners of property likely to
• be affected by the waste handling practices,and the general public.
(iii)Any variance or renewal shall be granted within the requirements of this paragraph
and for time period and conditions consistent with the reasons therefore,and within
the following limitations:
(A) If the variance is granted on the grounds that there is no practicable means
known or available for the adequate prevention,abatement or control of
pollution involved, it shall be only until the necessary means for prevention,
abatement or control become known and available and subject to the taking of
any substitute or alternative measures that the Health Officer may prescribe.
(B) The Health Officer may grant a variance conditioned by a timetable if:
(1) Compliance with this regulation will require spreading of costs over a
considerable time period; and
(2) The timetable is for a period that is needed to comply with this regulation.
(iv)No variance from Chapters 173-350 WAC,Minimum Functional Standards for
Solid Waste Handling, and 173-351 WAC, Criteria for Municipal Solid Waste
Landfills, shall be granted by the Health Officer except with the approval and
written concurrence of Ecology prior to action on the variance by the Health
Officer.
(v)The Health Officer may grant variances from these regulations for standards that are
more stringent than the standards of Chapters 173-350 and 173-351 WAC,or from
• provisions in these regulations that are not contained in Chapters 173-350 and 173-
351 WAC, without Ecology approval.
DRAFT—JEFFERSON COUNTY 30
SOLID WASTE REGULATIONS
(c)Application.
11111
(i) The application shall be accompanied by such information as the Health Officer
may require.
(ii) An application for a variance,or for the renewal thereof, submitted to the Health
Officer shall be approved or disapproved by the Health Officer within ninety(90)
calendar days of receipt unless the applicant and the Health Officer agree to a
continuance.
(iii)Notice shall be given by mailing a notice of the variance application to persons who
have written to the Health Officer asking to be notified of all variance requests.
(d) Renewal. The Health Officer may renew any variance granted pursuant to this paragraph
on terms and conditions and for periods that would be appropriate on initial granting of a
variance. No renewal shall be granted except on written application. Any such application
shall be made at least sixty(60)calendar days prior to the expiration of the variance.
960—REPEALER
Jefferson County Board of Health Solid Waste Regulations,Ordinance Number 09-0715-04 dated July
15,2004,is hereby repealed. In addition, if any resolution,code,words,rules or regulations of
Jefferson County Public Health is in conflict with this regulation,they are hereby repealed to the extent
necessary to give these regulations full force and effect.
970—SEVERABILITY •
Should any paragraph,phrase, sentence or clause of these regulations be declared invalid or
unconstitutional for any reason,the remainder of these regulations shall not be affected thereby.
990—CRITERIA FOR INERT WASTE
WAC 173-350-990,Inert Waste Criteria, is hereby adopted by reference.
APPENDIX A. REFERENCES
The following is a list of Federal, State, and local laws,regulations,and documents referenced in
Jefferson County Board of Health Ordinance 2005-XX,Solid Waste Regulations. Copies of these
documents may be found at the Port Townsend office of Jefferson County Public Health,the Jefferson
County Courthouse,or through your local library.
A. Federal:
1. United States Code(USC):
33 USC 1344 PARAGRAPH 404 OF THE FEDERAL CLEAN WATER ACT(PL 95-
217),PERMITS FOR DREDGED OR FILL MATERIAL
42 USC 300 SAFE DRINKING WATER ACT(PL 95-523)
42 USC 2011 ATOMIC ENERGY ACT OF 1954
42 USC 6901 RESOURCE CONSERVATION AND RECOVERY ACT OF 1976
(RCRA)
DRAFT—JEFFERSON COUNTY 31 SOLID WASTE REGULATIONS
42 USC 9601 COMPREHENSIVE ENVIRONMENTAL RESPONSE
COMPENSATION AND LIABILITY ACT OF 1980 (CERCLA)
2. Code of Federal Regulations(CFR):
10 CFR Part 20 STANDARDS FOR PROTECTION AGAINST RADIATION
40 CFR Part 61 NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR
POLLUTANTS
40 CFR Part 258 CRITERIA FOR MUNICIPAL SOLID WASTE LANDFILLS
40 CFR Part 503 STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE
3. Environmental Protection Agency:
SW-846 TEST METHODS FOR EVALUATING SOLID WASTE,PHYSICAL/
CHEMICAL METHODS
B. State:
1. Revised Code of Washington(RCW), Chapters:
7.80 CIVIL INFRACTIONS
42.17 DISCLOSURE -CAMPAIGN FINANCES -LOBBYING—RECORDS
43.21A DEPARTMENT OF ECOLOGY
46.37 VEHICLE LIGHTING AND OTHER EQUIPMENT
46.55 TOWING AND IMPOUNDMENT
70.05 LOCAL HEALTH DEPARTMENTS,BOARDS, OFFICERS -
REGULATIONS
70.93 WASTE REDUCTION,RECYCLING,AND MODEL LITTER
CONTROL ACT
70.94 WASHINGTON CLEAN AIR ACT
70.95 SOLID WASTE MANAGEMENT-REDUCTION AND RECYCLING
70.95K BIOMEDICAL WASTE
76.04 FOREST PROTECTION
90.48 WATER POLLUTION CONTROL
2. Washington Administrative Code (WAC), Chapters:
173-160 MINIMUM STANDARDS FOR CONSTRUCTION AND
MAINTENANCE OF WELLS
173-200 WATER QUALITY STANDARDS FOR GROUND WATERS OF THE
STATE OF WASHINGTON
173-201A WATER QUALITY STANDARDS FOR SURFACE WATERS OF THE
STATE OF WASHINGTON
173-218 UNDERGROUND INJECTION CONTROL PROGRAM
173-240 SUBMISSION OF PLANS AND REPORTS FOR CONSTRUCTION
OF WASTEWATER FACILITIES
173-303 DANGEROUS WASTE REGULATIONS
173-304 MINIMUM FUNCTIONAL STANDARDS FOR SOLID WASTE
HANDLING
173-308 BIOSOLIDS MANAGEMENT
DRAFT—JEFFERSON COUNTY 32 SOLID WASTE REGULATIONS
173-314 WASTE TIRE CARRIER AND STORAGE SITE LICENSES
173-350 STANDARDS FOR SOLID WASTE HANDLING •
173-351 CRITERIA FOR MUNICIPAL SOLID WASTE LANDFILLS
173-425 OUTDOOR BURNING
197-11 SEPA RULES
246-203 GENERAL SANITATION
246-220 RADIATION PROTECTION-GENERAL PROVISIONS
246-232 RADIOACTIVE MATERIALS -LICENSING APPLICABILITY
296-24 GENERAL SAFETY AND HEALTH STANDARDS
296-62 OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR
CARCINOGENS
296-65 ASBESTOS REMOVAL AND ENCAPSULATION
480-70 SOLID WASTE AND/OR REFUSE COLLECTION COMPANIES
3. Washington State Department of Ecology(Ecology):
Ecology document 80-12,Biological Testing Methods
Ecology document 91-30: Guidance for Remediation of Petroleum Contaminated Soils
(revised November 1995)
Ecology document 93-51, Chemical Testing for Complying with the Dangerous Waste
Regulations
C. Local/Regional:
1. Jefferson County Public Health:
Jefferson County Comprehensive Solid Waste Management Plan(JCCSWMP) •
•
DRAFT—JEFFERSON COUNTY 33 SOLID WASTE REGULATIONS
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a\- JEFFERSON COUNTY PUBLIC HEALTH
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' Always Working for a Safer and Healthier Jef j`erson County
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•
Solid Waste Enforcement Procedures
Solid and Hazardous Waste Program
ORIGINAL VERSION: August 11, 2005
LAST UPDATED: August 11,2005
TABLE OF CONTENTS
I. Introduction 3
II. Standard Complaint Enforcement Procedures 3
A. Complaint Receipt 3
B. Complaint Type Determination 4
1. Solid Waste 4
2. Vectors 4
3. Hazardous Materials 4
4. Emergency Complaints 4
• 5. Other Complaints 5
6. Complaint Coordination 5
C. Inspection Preparation 6
1. Training 6
2. Applicable Policies and Procedures 6
3. Applicable Laws and Regulations 6
4. Complaint Information 7
5. Supplies and Equipment 7
6. Field Clothing and Personal Protective Equipment 8
7. Trip Itinerary 8
D. Site Inspection 8
1. Site Entry and Searches 8
2. Conducting the Inspection 11
3. Coordination with Other Public Health Programs 12
E. Post-Inspection Documentation 13
1. Research 13
2. Inspection Report 13
F. Enforcement Options 13
1. Warning Letter 13
2. Compliance Agreement 13
3.Notice and Order to Correct Violation(NOCV) 14
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4. Requiring Garbage Service 15
5.Notice of Civil Infraction(ticket) 16
6. Large Civil Infractions 19
7. Other Enforcement Options 20
G. Court 20
1. Preparation 20
2. Hearing 21
3. Court Follow-up 22
III. Special Complaint Enforcement Procedures 23
A. Jurisdiction Specific 23
1. Incorporated Areas 23
2. Reservation Land 23
B. Complaint Specific 25
1. Environmental Dumping 25
2. Dumpster Dumping 26
3. Abandoned Hazardous Waste 27
4. Abandoned Junk Vehicles 28
C. Solid Waste Voucher 29
IV. Permitted Facility Enforcement Procedures 29
A. Complaint Receipt 29 •
B. Complaint Coordination 30
C. Inspection Preparation 30
D. Site Inspection 30
1. Site Entry and Searches 30
2. Conducting the Inspection 31
E. Post Inspection Documentation 31
F. Enforcement Options 32
1. Warning Letter 32
2. Notice and Order to Correct Violation 32
3. Notice of Civil Infraction 32
4. Suspension or Revocation of Permit 33
5. Non-compliance Fees 33
6. Large Civil Infractions 33
7. Other Enforcement Options 34
8. Post-Enforcement Documentation Procedures 34
APPENDICES:
A. Enforcement Forms
B. Complaint Tracking Database Entry Procedures
C. Contact Information
•D. Research Information
I., •
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I. Introduction
This document details the procedures to be followed when enforcing the provisions of Jefferson
County Board of Health Ordinance 2005-XX, "Solid Waste Regulations" (Regulations). The
administrative requirements for solid waste enforcement are found in Section 950 of the
Regulations. These enforcement actions apply to the illegal storage or disposal of solid wastes by
individuals, and violations of the Regulations,or a permit issued under these Regulations,by a
permitted facility.
Standard enforcement procedures are discussed in Section II. Section III(beginning on Page 23)
includes special procedures for environmental and dumpster dumping,premises violations, and
abandoned waste enforcement. Section III also includes special procedures for conducting
enforcement within incorporated areas and on Indian reservations. Enforcement procedures for
permitted facilities are discussed in Section IV.
+ IMPORTANT: Before conducting any enforcement, it is very important that inspectors understand
the contents of Section II, Section III, and Section IV to determine what enforcement approach is
applicable. Any questions about these procedures should be directed to the program manager.
II. Standard Complaint Enforcement Procedures
A. COMPLAINT RECEIPT
•
Most suspected solid waste violations are reported to Public Health via telephone calls. The
inspector or person receiving the complaint should determine if it falls under Public Health's
solid waste jurisdiction. If not,the caller should be forwarded to the appropriate agency(see
Section II.B.5.,page 5). If the complaint is within Public Health jurisdiction,the complaint
must be recorded onto a sequentially numbered Complaint Form specifically used by the
Solid and Hazardous Waste Program. A sample complaint form is located in Appendix A.
Be advised that emergency complaints require special consideration and handling as
described in Section II.B.4. on page 5.
Record the following information on the standard complaint form as completely and
accurately as possible as described below:
• Record the date and time the complaint is received.
• Check the box indicating the complaint type (Solid Waste, Vectors, Hazardous Material,
etc.). Complaint type determination is explained in more detail on the following page.
• Record the name, address, zip code,and phone number of the complainant.
• Write your name on the "Complaint Received By"line.
• If known,record the name, address,zip code, and phone number of the alleged violator.
• If known, check the appropriate box to indicate if the alleged violator is the owner of the
property.
S • Write a description and record the address of the alleged violation.
• Provide clear directions to the location of the alleged violation.
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+ IMPORTANT: When taking a complaint,you must ask the complainant if they wish to
remain anonymous. If the complainant indicates that they wish to remain anonymous,
and/or indicates that disclosure of their name may endanger their life,physical safety, or
property, check the "YES"box following the question"DO YOU WANT TO REMAIN
CONFIDENTIAL?"on the complaint form.
After staff have received a complaint and completed the complaint form,the completed form
must be forwarded to the staff member responsible for logging complaints into the complaint
database and assigning complaints to the appropriate inspector(see Complaint Tracking
Database Entry Procedures in Appendix B).
+ IMPORTANT:Public requests for copies of complaint files must be forwarded to the
program manager. Remember,the identity of a complainant requesting anonymity, as
provided in WAC 42.17.310(l)(e), is not a public record.
B. COMPLAINT TYPE DETERMINATION
Solid and Hazardous Waste (SHW)Program staff typically respond to complaints in one of
the following categories:
1. Solid Waste
These include all complaints regarding solid waste handling, storage or disposal.
Includes all solid waste complaints (garbage,wood waste, demolition waste, biomedical
waste,abandoned vehicles, tires, dog feces, etc.), unlawful burning complaints, and
complaints where both garbage and rats/vectors are known or suspected. Staff will
enforce all solid waste violations where a public or environmental health threat is
present. This does not include complaints for aesthetic nuisances and/or unsightliness.
Solid waste complaints involving food establishments should be referred to the Food and
Living Environment Program (see Appendix C for contact).
2. Vectors
These include complaints regarding rats,pigeons, and other disease carrying vectors.
These are differentiated from#1 above in that the complainant has actually seen rats,
pigeons, or other vectors, and/or has evidence of their presence (such as droppings,
tracks or nests) and there is no known relationship to solid waste handling.
3. Hazardous Materials
These include complaints where the complainant has seen, smelled or otherwise suspects
the presence or improper management of hazardous materials or waste(i.e., oil, solvents,
chemicals,paints, etc.). This type of complaint may or may not include the presence of
other solid waste. This would not include complaints regarding feces,biomedical waste,
septic runoff, or unlawful burning of non-chemical solid waste. Hazardous materials
complaints require special evaluation to determine if they qualify as emergency
complaints (see below). •
4. Emergency Complaints
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Emergency complaints include any report of an incident where significant environmental
damage, severe injury or death has occurred or is imminent if the situation is not
corrected immediately. In general, emergency complaints received by Public Health
include:
• Hazardous waste dumping or spills (including abandoned waste suspected of being
hazardous);
• Sewage or chemical spills;
• Biomedical waste dumping;
• Solid or hazardous waste in a stream or other water body; and
• Other complaints which involve an imminent threat to public health or the
environment.
Staff members receiving complaints of hazardous material spills or leaks must: 1)log the
complainant's name and phone number, complaint description, and directions to the
incident; 2) immediately forward this information to 911; and, 3) immediately forward all
documented information to the program manager.
5. Other Complaints
SHW Program staff can directly respond only to reported or suspected violations within
the program area and within Public Health jurisdiction. Certain complaints will need to be
referred to other agencies or programs with primary responsibility for that type of
complaint. Appendix C includes complaint referral and contact information for related
federal, state and local agencies and other Public Health programs.
+ IMPORTANT:To help protect the safety of staff in other agencies or programs,be sure
you advise them of any known or potentially hazardous situation regarding the
complaint.
If the complaint involves a situation handled by another jurisdiction,the complainant
should be told whom we are forwarding the complaint to, and be given a contact person
and telephone number. This information should also be recorded on the complaint form.
Finally,the complaint database should be updated to reflect that the complaint was
"forwarded."
6. Complaint Coordination
Many complaints received by the SHW Program will involve multiple issues and require
coordination with another agency or Public Health program. Inspectors should use their
judgment in determining if it is necessary to contact another agency or program in advance
of conducting a site inspection. Conducting joint site inspections can be a useful tool
• which helps facilitate interagency coordination. If a joint inspection will be conducted, it
is recommended that a pre-inspection meeting be held so that all inspectors can agree on
what will be covered during the site visit. A list of other environmental regulations and
agency contacts can be found in Appendix C.
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C. INSPECTION PREPARATION
Pre-inspection preparation is an important part of the complaint response process. The amount
of preparation will vary significantly by the type and alleged severity of the complaint. Pre-
inspection preparation includes obtaining required training,knowledge and application of
related policies and procedures, confirming and collecting additional complaint information,
and gathering necessary supplies, equipment,and protective clothing.
1. Training
In addition to training for new field staff, all SHW Program field staff are required to
obtain the 40-hour Hazardous Waste Operations and Emergency Response
(HAZWOPER) Training described in Part P of Chapter 296-62 WAC. Annual 8-hour
refresher training is required to maintain this certification. The EPA Basic Instructor
Training Course is also recommended,but not required, for all inspectors. Other required
training for field staff includes:
• Bloodborne Pathogen Training
• Dog Safety Training
• Site Entry and Search Training
• Pepper Spray Training
Other field staff training will be periodically provided. Staff is encouraged to recommend
any other training opportunities or needs that would improve the function of the program
or further improve field safety.
2. Applicable Policies and Procedures
In addition to this procedure, SHW Program field staff conducting complaint inspections
must be familiar with Public Health and SHW Program policies and procedures listed
below(as amended). These policies and procedures are available in your Policy and
Procedure Notebook or from the program manager. See the program manager about
questions on any of these policies or procedures.
• Public Health Employee Handbook
• Work Safety
• Pepper Spray
• Personal Protective Equipment
• Public Information Officer
• Vehicle Use and Inspection Log Sheets
• Field Work Communication Policy
• Sharps Handling Procedures
3. Applicable Laws and Regulations
Inspectors should be familiar with the following laws and regulations prior to conducting
complaint enforcement work: •
• Jefferson County Board of Health Ordinance 2005-XX, "Solid Waste Regulations"
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• • Revised Code of Washington(RCW) 70.95, Solid Waste Management
• RCW 42.17.310,Records exempt from public disclosure
4. Complaint Information
After receiving a new complaint, the inspector(if he/she did not receive the complaint)
should call the complainant to verify the nature and location of the problem and other
information not normally collected at the time the complaint was filed. This procedure is
recommended as a guideline and may not be necessary in all cases. Some useful
information that may be initially overlooked includes:
• Do you clearly understand the complainant's concern?
• Is the nature of the complaint within Public Health's regulatory jurisdiction? If there is
overlapping jurisdiction, a joint inspection with another agency may be appropriate.
• Can the complainant offer additional information that was not initially recorded on the
complaint(date/time the problem occurred or was first noticed, license plate numbers,
knowledge of previous problems/violations, and/or the alleged violator's name,
address,telephone number, and place of work, etc.)?
• It is also a good idea to check the complaint database to see if previous violations for
this person(or property)have been logged.A more detailed review of historic cases
may be warranted if previous violations are identified.
• Note that it is very important to record all information pertinent to the complaint on the
complaint form, including information collected while preparing for the site visit.
5. Supplies and Equipment
The supplies and equipment listed below are required(or optional as indicated) for all
enforcement fieldwork. All required and most optional items are provided to staff at
Public Health expense. Optional items not provided by Public Health may or may not be
approved for purchase using the inspector's flexible benefits. Pre-approval on any
business expense is recommended. For clarification on reimbursement and purchasing
procedures, check with the program manager.
a. Required Supplies and Equipment:
• Public Health identification badge (worn at all times in the field)
• Public Health business cards
• Completed complaint forms for the day's inspections
• Field notebook
• Pepper spray and holder(carried at all times in the field when conducting
enforcement)
• Digital Camera
• Cellular telephone and emergency contact telephone numbers
• • Appropriate personal protective equipment(PPE), including gloves for evidence
collection and steel toe/shank boots meeting ANSI Z41, PT91 standards
• Evidence bags (illegal dumping complaints)
• Sharps container
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• Blank Solid Waste Violation Notices"Door Hangers"(Appendix A)
•
• Blank Notice and Order to Correct Violation Compliance Agreements(Appendix
A)
• Jefferson County map
b. Optional Supplies and Equipment:
• "No Dumping"signs,hammer, and nails (for illegal dumping complaints)
• Blank Site Hazard Assessment Worksheets
• Appropriate educational materials
• Dog biscuits
• Other supplies and equipment recommended by inspector or program manager
6. Field Clothing and Personal Protective Equipment(PPE)
Appropriate attire for conducting field activities is required. In some cases,basic personal
protective equipment is necessary. In general, dress appropriately for the type of weather
you may be facing when you go out in the field. Steel toed boots with a steel shank are
required at all times when conducting inspections in the field. Gloves are required for any
circumstances where the inspector will touch the waste, such as when collecting evidence.
If you have a question about appropriate clothing or PPE,talk to a program manager.
7. Trip Itineraries
•
Public Health staff required to conduct fieldwork or perform site inspections as part of
their jobs must complete a trip itinerary prior to leaving the office for the field. A copy of
the trip itinerary(provided in Appendix A) shall be left at each staff's desk. Staff shall be
reachable through either a cell phone or pager and must call the office at the end of the
each day to check for messages and to notify their program manager(or unit assistant)that
they are going home for the day.
D. SITE INSPECTION
The purpose of the site inspection is to document facts related to the complaint. This includes,
but may not be limited to: taking field notes, interviewing witnesses and/or alleged violators,
taking photographs, and physical evidence collection. This information is used to build a case
and determine if a violation has been committed. Unless otherwise approved by a program
manager, all inspections must occur during Public Health's normal business hours (Monday-
Friday, 8:00 a.m. - 5:00 p.m.).
+ IMPORTANT:The inspector must take necessary safety precautions in the field to avoid
risk of injury. Public Health's safety procedures must be followed(see list in Section
C.2. above). In addition to the supplies, equipment, clothing, and protective equipment
discussed above,field staff must wear their identification badge and carry pepper
spray and a cellular phone at all times when in the field.
1. Site Entry and Searches
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• While conducting inspections or surveys,Public Health inspectors must enter private
property.Because the state and federal constitutions prohibit unreasonable searches,
inspectors must decide whether they may enter a particular property to conduct an
inspection. As explained in this section, each situation is different. There are no blanket
rules regarding allowable searches. In all cases, an inspection can occur only after
obtaining consent from a responsible party(owner or tenant), or by making observations
from a location where the inspector may legally be without consent. To assist you in
determining whether you may enter a property, discussed below are some basic
constitutional doctrines:
Reasonable Expectation of Privacy: There are two components to a reasonable
expectation of privacy. The first is a subjective component: Does the person have a
subjective expectation of privacy in a particular object or location? The second is an
objective component: Is this expectation one that society recognizes as reasonable?
Generally, a person has a reasonable expectation of privacy in his home, in the area
immediately adjacent to the home, and in areas where he/she has taken steps to exclude
the public and shield the area from the public's view.
Residence: A person always has a reasonable expectation of privacy in his/her home. You
may not enter a person's home, except with the resident's consent.
Curtilage: Curtilage is the land immediately surrounding and associated with the home,
i.e., that area associated with the intimate activity of a home and the privacies of life.
Curtilage receives the highest level of protection under both the federal and state
constitutions. You may not enter the curtilage without a resident's consent, except as
explained below. To help determine if an area is within the curtilage, answer these
questions:
Q: How close is the area you want to inspect to the house?
A: The closer the area you want to inspect is to the house, the more likely it will be
considered within the curtilage.
Q: Is there a fence or other enclosure that surrounds the house and the area you want
to inspect?
A: A fence that surrounds the house suggests the limits of the curtilage. Accordingly,
where a house is situated on a standard lot and the lot is fenced, that is the limit of
the curtilage. On a larger piece of property there may be a fence around the
perimeter of the property, and an inner fence enclosing the house. In that case, the
interior fence would indicate the limits of the curtilage. A clearing or maintained
area has the same effect. Thus, on a larger piece of property that is forested, the
cleared area surrounding the house would indicate the limits of the curtilage.
• Q: What is the area you want to inspect used for?
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A: The concept of the curtilage is to protect those activities normally associated with
•
the home and the privacies of life. Thus, if an area near the house is used for
family or personal activities (e.g.,play area,patio, garage), then it is probably
within the curtilage. However, if the area is used for activities not associated with
home life, especially illegal activities, then it probably will not be considered
within the curtilage. You may use evidence you observe from the road or a
neighbor's property, or information a neighbor gives you, to determine if an area
is being used for an activity associated with the home or some other activity.
Q: Has the resident taken any steps to protect the area you want to inspect from
observation of passersby?
A: If a fence -- especially a sight-obstructing fence --or hedge shields the view of the
house from the street and neighboring properties, then the area within the fence or
hedge will probably be considered within the curtilage.
Q: Can an inspector ever enter the curtilage?
A: Yes. You may enter the curtilage to contact the resident. In doing so, however,you
may use only a recognizable access route, such as a driveway, walkway, or path.
Approach the house as any reasonably respectful citizen would. Normally,you
should not enter a side or back yard You may, however, call out or try to get
someone's attention if you see or hear something that leads you to believe the
resident is in a side or back yard
Other factors to consider when conducting an inspection of private property:
No Trespassing Signs: A "No Trespassing"or"No Solicitors"sign does not prohibit you
from approaching a residence using a recognized access route for the purpose of
contacting the resident.
Open Fields: Areas that are outside the curtilage are considered"open fields"and do not
always receive the same high level of constitutional protection that the curtilage does. In
an urban area,you will not find any open fields. In outlying areas, however,you are likely
to encounter them. An open field doesn't need to be either"open"or a"field."It could be
• a thickly wooded area or a beach. Generally, an open field is any unoccupied or
undeveloped area outside the curtilage.
In many instances,you will be able to enter open fields without the permission of the
owner. However,you need to consider whether the owner has manifested an"expectation
of privacy"in the area you want to enter. Some manifestations of an expectation of
privacy are: 1)a long driveway; 2)"No Trespassing"signs; 3) fences, especially sight-
obstructing fences, or maintained hedges; 4) a locked gate; or 5)the area cannot be seen
from a road or neighboring property.
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Each situation is different, so it is not possible to provide a blanket rule for entering open
fields. It may be best to consult with a program manager before entering.
Open View: If you are in a place you may legally be, such as a roadway,public property,
a neighboring property that you have permission to be on, or are approaching the
residence via a recognized access route,then you can base an enforcement action on
anything you can see from that vantage point. Accordingly, if a person allows you in
his/her backyard, and you can see illegally stored solid waste on the neighbor's patio,you
can write a notice and order to correct the violation or a notice of civil infraction,based on
what you can see from the neighbor's property. As long as you remain on the property you
have permission to be on, you can climb a ladder to see over a fence, or use binoculars.
You may take photographs from a place you may legally be.
Plain View: The plain view doctrine applies when you have entered a property with the
resident's consent. The plain view doctrine allows you to use anything that you see
inadvertently as you walk through the area. The object must be in plain view; you may not
move anything. You may not remove a lid on a trash container to see inside. Plain view
works the same way when the resident has given you permission to look around. If you
want to see inside or under something, ask the resident if it's okay.
Implied Consent: An inspector obtains valid consent to inspect when he or she asks the
resident for permission to conduct an inspection and receives an affirmative response
• through words or action. An inspector need not inform a person of his/her right to refuse
an inspection but, if the person asks whether he/she may refuse,the inspector must tell the
person that he/she may refuse.
Statements such as "I'm going to look around,"or"I have to inspect the property," should
be avoided. A person who submits to an inspection after such a statement has not given
his/her consent to the inspection and a court could suppress anything that is found during
the inspection.
2. Conducting the Inspection
Conduct the inspection within the bounds of your job. You are conducting the inspection
to determine the "who,why,what,where, when, and how"as they relate to the complaint.
Avoid discussing violations or making any enforcement promises until after investigation
and evidence collection has been completed and you have thoroughly formed your
enforcement approach. Staff will only take note of violations that pose a public or
environmental health threat. Generally speaking,Public Health does not enforce
"lifestyle", only the Solid Waste Regulations.
While you are conducting the inspection, take thorough notes in a field notebook. Using
the complaint form for field notes is discouraged except on the simplest complaints. In
most cases,the complaint form is your formal statement related to the case. It should be
• thoughtfully prepared when you have returned to the office had a chance to review your
notes and other evidence. More complex cases may require preparation of a more formal
inspection report. The format for this report may be obtained from the program manager.
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Photos are another useful tool the inspector can use to document suspected violations. If •
you take photos,record information about each photo in your field notebook. At a
minimum,this information should include the subject of the photo (what are you trying to
show?), where you were standing when you took the photo, and the direction the photo
was taken in. After the photos have been developed,you should complete a photo log
(Appendix A) and attach the photos to the log. The photo log should be kept with the
original complaint. Photo logs are not necessary on simple complaints. In these cases, note
on the complaint how many photos were taken and attach the photos to the complaint.
Witness and suspect interviews are very important investigation tools. Conduct interviews
in a non-emotional, objective, and non-accusatory manner. Be certain to record the name,
address, and telephone number of all people you interview in case you need to follow-up
and get more information later. This information is also necessary to validate the
information collected in the interview.
Occasionally, inspectors will encounter a case that is fairly"straight forward"and be able
to formulate an enforcement approach before the inspection is completed. In this case, it
may be possible to complete a written compliance agreement before leaving the site.
Instructions for completing the Compliance Agreement are found in Section II.F.2. Verbal
orders to correct a violation may be used in conjunction with a written order, but should
not be used alone. If a verbal order is issued,refrain from doing so until after the
inspection is completed. Premature discussion of any violation may cause the inspection
to be cut short before you've had the chance to collect all available evidence. Take clear •
notes of any verbal order, agreement, or promise made while at the site.
A business card or"door hanger" should be left if no contact is made during a residential
or business inspection and violations are found. The door hanger lists the general
violations noted, and requests that the occupant contact the inspector. A sample copy of
the door hanger is included in Appendix A.
+ IMPORTANT:If during an inspection the violator threatens the inspector,either directly
or indirectly,the inspector shall immediately leave the site. The inspector shall
immediately report the incident to his/her program manager, shall fill out and submit a
Public Health Confidential Report of Incident form, and shall not return to the site
without Public Health and law enforcement backup. Backup shall be provided by a
Public Health program manager and by the appropriate jurisdictional law enforcement
agency. Threatening a public servant is a class B felony in the State of Washington
under RCW 9A.76.180.
3. Coordination with Other Public Health Programs
Site inspections may uncover problems that are under the jurisdiction of other Public
Health programs. Such problems may include a failing on-site sewage system or a child
living in dangerous or unhealthy conditions. In these cases,the inspector shall refer the
problem to the proper program for further investigation and/or enforcement. .
In some cases, a violation may occur at a Food Service Establishment(FSE). A FSE can
be a convenience store,tavern, school, or temporary event with food vendors. Each FSE
•
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must have a permit issued by Jefferson County Public Health. The FSE permit can be used
to ensure compliance with other regulations including solid waste violations. Contact the
Food Safety Program to coordinate a joint enforcement at a FSE.
E. POST-INSPECTION DOCUMENTATION
1. Research
After your inspection,record all information obtained in the Complaint Database. Often
the inspector will need to do some research to locate the violator,property owner, or
gather other necessary information. There are a variety of resources available to help gain
this information. These include Jefferson County Assessor's (taxpayer)records and the
Department of Licensing Vehicle/Vessel Information Processing System (VIPS)for
running license plates. Detailed information on these resources can be found in Appendix
D.
2. Inspection Report
The inspection report is probably the most important piece of evidence in a complaint
investigation. After the inspection is complete,you should review your notes from the
field and other sources and prepare an inspection report. The report should be limited to
the facts you collected about the case and your observations during the site inspection. It
should be professionally written,thorough, and objective. Do not include opinions in an
inspection report. Include only facts and observations. Be sure to include dates with all
• entries. In most cases,the inspection report should be written on the back of the complaint
form. A continuation sheet is available if there is not enough room on the complaint form.
In more complex cases, a more formally prepared inspection report may be warranted. The
program manager can assist you with determining which report format is appropriate.
F. ENFORCEMENT OPTIONS
1. Warning Letter
A warning letter may be appropriate in some situations. Examples of these situations
might be:
a. There is no clear evidence of a violation; or
b. The violation warrants education rather than enforcement; or
c. The offense is the first for the violator and does not constitute a serious public health
threat; or
d. Less than three (3)pieces of identifying material are found at an illegal dumping.
A sample warning letter is contained in Appendix A.
2. Compliance Agreement
• As stated previously, sometimes you will be able to form an enforcement approach while
conducting an inspection. In this case, if the violator is present during the inspection,the
inspector can fill out a Compliance Agreement at the end of the inspection. The
Compliance Agreement fulfills all the requirements of a Notice and Order to Correct
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Violation(NOCV). After the inspector completes the form,the violator signs the bottom •
of the agreement and receives the bottom copy. An example Compliance Agreement is
provided in Appendix A. If a rental property is involved, as explained below,the renter
and the property owner must jointly receive a separate written NOCV prior to the issuance
of a civil infraction notice. Therefore,when a Compliance Agreement is used with a
tenant, a copy must be mailed to the owner of the property. Compliance Agreements can
also be useful if there is some indication that the violator does not(or may not)receive
mail.
3. Notice and Order to Correct Violation(NOCV)
If the violator is not present, or cannot immediately be identified,the inspector should
issue a written Notice and Order to Correct Violation(NOCV) as described in Section
950(5) of the Regulations. The content of the written notice must conform to the
requirements in Section 950(5)(b) of the Regulations. An example NOCV letter is
provided in Appendix A.
Standard written paragraphs on common compliance measures are available to include in
the letter. These paragraphs have been pre-approved and do not require review. Letters
that include non-standard language must be peer or program manger reviewed prior to
being sent.
The NOCV must be served on the person to whom it is directed by mailing a copy of the
order via certified and regular mail to such person at his/her last known address. After
receipt of the NOCV,the person receiving the notice may request an extension of the •
compliance date. The inspector may require this request to be written. Upon receiving the
return certified mail receipt, attach it to the file copy of the NOCV. If there is reason to
believe that the certified mail copy will not be delivered or accepted,then a Declaration of
Mailing should be completed for the copy sent regular mail. A copy of the Declaration of
Mailing is contained in Appendix A.
In most cases,the deadline recommended for the correction of any violation is seven days
following receipt of the written notice. Compliance deadlines should generally not exceed
more than thirty days. Deadlines can be shortened or extended depending on the severity
of the violation, or as otherwise determined by the inspector using best professional
judgment.
NOTE: If solid waste disposal is required,the violator should be required in the notice to
retain and provide receipts as proof of disposal.
For premises violations caused by renters on rental properties, Section 025(1) of the
Regulations specifically states, "The owner, operator or occupant of any premises,
business establishment or industry shall be responsible for the satisfactory and legal
handling and/or disposal of all solid waste generated by them or accumulated on the
property."For these premises violations,the inspector may write the NOCV to either the
renter,the property owner, or both. If both the renter and property owner are to receive an .
NOCV, each party's name should be included in the address block of the NOCV and each
party should be sent a copy. If the violation continues past the compliance deadline, each
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• party will be written, separately, a civil infraction notice as explained in Section II.F.5
below.
After the deadline specified in the written notice has been reached,the status of the
violation must be determined. This can be accomplished either through a phone call to the
complainant, or by conducting a follow-up site inspection. If a site inspection is
conducted, document the inspection just as thoroughly as the initial inspection. If a
violation still exists at follow-up, other enforcement options as described in this section
may be appropriate. Under normal circumstances, failure to comply with a NOCV is
followed by a Notice of Civil Infraction(see Section II.F.5 below).
If the violation has been corrected,this must be noted on the complaint form (with the
date of the inspection and the inspector's name). The complaint is then abated, logged-off
the database, and filed. If a violation is only partially corrected,the inspector should use
their best professional judgment to continue to enforce the Regulations. This may include
issuing a ticket or agreeing to a revise compliance date with the violator.
There are exceptions to the use of the NOCV. The NOCV is not required in cases of
illegal dumping and in other instances described in Section III. In these cases, a ticket can
be written without a preceding NOCV.
4. Requiring Garbage Service
• Section 025(3)(g) of the Regulations authorizes Public Health to require garbage service
when a person does not dispose of their waste properly. The procedures for requiring
garbage service are as follows:
a. Write a NOCV letter requiring collection service and state how long the service is
required. You may also require a certain level of service if necessary.
b. Contact the service provider after the compliance date to confirm that service has been
started. If it has not, and the violator is inside a mandated collection area(Port
Townsend), an account may be established in the violator's name by Public Health. If
service has not been started and the violator is outside a mandated collection area,
issue a ticket for the violation. If service has been started, advise the service provider
of the period service is required and request that they notify Public Health if service is
canceled within that period.
c. If you are contacted by the service provider that the required service has been
canceled, check with your program manager about how to follow-up.
5. Notice of Civil Infraction(Ticket)
The notice of civil infraction procedures,also known as the "ticket writing"procedures,
are referenced in Section 950(6)(b)of the Regulations and described in Chapter 7.80
RCW, Civil Infractions. An example of a completed ticket is provided in Appendix A. In
most cases,tickets are issued following failure to comply with the NOCV. However, a
NOCV is not required prior to issuing a ticket. A ticket can be issued to a defendant
during the initial site inspection or any other time the inspector has reasonable cause to
believe that the person has violated the Regulations. As described in Section III below,
persons who are identified in physical evidence collected at an illegal dumpsite are
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normally issued a ticket without a preceding NOCV. Under RCW 70.95.250, citations for
•
illegal dumping must be supported by three(3)pieces of evidence bearing the name of one
individual.
+ IMPORTANT:A notice of civil infraction can only be written in cases where the
inspector has made a direct observation of the infraction being cited.
Prior to writing the ticket,the inspector should contact the code enforcement officer in the
County or municipal jurisdiction where the infraction is occurring to ensure that duplicate
tickets for the same infraction are not being written. A list of these contacts is included in
Appendix C.
In normal circumstances, the inspector should write only one infraction on the ticket even
though several infractions may exist. The inspector should choose the infraction that is
easiest to prove. In other words,the strongest argument in support of Public Health's case
should be chosen. If this approach is followed,the inspector should tell the judge in court
that several other offenses were committed but not cited. This demonstrates
reasonableness on the part of the inspector and strengthens Public Health argument in
court. In severe cases where the volume or extent of violations warrant, two infractions
may be recorded on one ticket. Check with your program manager before writing a ticket
with two infractions.
For infractions on properties with more than one property owner,the inspector should •
write separate tickets, one for each of the property owners. District Court should be
notified of this fact when the ticket is forwarded to the court. The judge is the final arbiter
of who committed the infraction. It is up to the defendant to decide how to respond to the
ticket. If both property owners contest the infraction, a motion(through our attorney) can
be made to consolidate the cases and ask the court to hear both at the same time. Each
defendant has the right to counter the motion and ask that his or her individual case be
heard on its own. If this occurs, it is up to the judge to decide how to hear the cases.
When tickets are written for premises infractions caused by renters on rental properties,
the renter and property owner may each be written, separately, a civil infraction notice.
The procedures are the same here as they are for multiple property owners.
If the owner of a property is a corporation,the ticket should be written to the corporation
itself and the ticket served on the president or the registered agent of the corporation. This
information can be found by contacting the Washington State, Secretary of State's office
(see Appendix D).
The following details must be completed on all tickets (see the example ticket in
Appendix A for clarification):
• Check the following boxes on the top portion of the ticket: "INFRACTION," "NON-
TRAFFIC,"and"COUNTY OF JEFFERSON PUBLIC HEALTH." •
• In the spaces provided, complete as much information about the defendant as possible.
The defendant's name and address are required at a minimum. If the defendant is
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present while you are writing the ticket,request to see his/her driver's license or state
identification card. Confirm that the information is current and copy this information
to the ticket. The residential phone number is needed to notify the defendant of a
change in the court date or time. A social security number can also help locate the
defendant in the future should his/her address change.
• Indicate the infraction date in the space provided below the personal information. The
time of all infractions should be noted in military time.
• On the next line, indicate the location of the infraction. This could be an address or tax
account number. When written in this space,the term "situs"indicates that the
infraction occurred at the defendant's address as listed on the top of the ticket.
• Do not complete any of the information in the large box (motor vehicle section) in the
center of the ticket.
• In the next section, describe the specific section(s) of the Regulations violated and
provide a brief narrative describing the infraction.
• Indicate the penalty amount in the"PENALTY"box. The penalty for one infraction is
given on the Environmental Health Fee Schedule. The penalty for two infractions is
two times the cost of one infraction. When a second ticket is issued, it should not be
done until after a judgment has been reached on the first. If a violation remains after a
judgment has been reached on a second ticket,consult with a program manager on
how to proceed with the case.
• Indicate the date the infraction was written in the "DATE ISSUED"box. The ticket
• should be written as soon as possible after the infraction has been observed(and/or as
necessary after an infraction has not been corrected as required).
• Sign your name in the "OFFICER"box and write your officer number next to your
name.
• If the defendant is present when the ticket is written, show them the ticket and explain
what the ticket is being issued for. Have the defendant sign in the "DEFENDANT'S
SIGNATURE"box (failure to sign the ticket is a misdemeanor). Advise the defendant
that by signing the ticket,they are not admitting guilt, only promising to respond to the
court within 15 days. After they have signed, detach the green copy and give it to the
defendant. The response instructions are explained on the back of the defendant's
(green) copy. Review each of these options with the defendant. If the defendant
refuses to sign or is not present when the ticket is written, write the word
"INVESTIGATION"in the signature box.
• Do not complete the "ABS TRACT OF JUDGMENT"section of the ticket.
• Provide a narrative of case events on the reverse side of the original copy, and then
sign it on the bottom. This narrative is the only testimony the court will see from the
inspector if he/she is not present for a hearing. Therefore, a general guideline for
completing this section is to be thorough enough to describe and prove your case in
the event your are absent. Include a description of all infractions in your narrative,
even though you may have written the ticket for only one or two. When completed,the
copy of the ticket with the narrative will be forwarded to the court, so the inspector
should make a photocopy of the narrative for his/her records. If the ticket is completed
• at the site,the narrative may be completed after returning to the office.
The defendant should be told that the ticket can be dismissed by the inspector if the
infraction is corrected prior to the court date (when one has been requested). To dismiss a
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case, complete and sign a"Motion, Certification, and Order to Dismiss"form (Dismissal •
Order). The Dismissal Order is then forwarded to the Prosecuting Attorney's Office, Civil
Division,to be signed. The inspector or Deputy Prosecuting Attorney must then forward
the signed Dismissal Order to the court for the judge to sign. A copy of the Dismissal
Order must also be sent to the defendant after all appropriate signatures are obtained. An
example Dismissal Order is provided in Appendix A. This process should be started a
minimum of one week before a hearing date. The inspector may also verbally request
dismissal during a hearing.
The inspector may dismiss any ticket pending against a first time violator if the violator
complies with Public Health's NOCV prior to the court date.
+ IMPORTANT:The inspector must never give legal advice to the defendant or attempt to
predict what the District Court judge will do when the case goes to court.
Copies of the completed ticket must be routed as follows:
• Green Copy: Defendant(if present).
• Top two White Copies: (Green also, if defendant not present): District Court.
• Photocopy of Bottom White copy: Attach to complaint form.
• Bottom White copy: Inspector's ticket file.
The court's copies must be filed in District Court within 48 hours of writing the ticket, •
excluding Saturdays, Sundays, and holidays. The inspector should attach a business card
and note to the court's copies requesting notification of the court date and location(if one
is scheduled). Court copies should be delivered in person to the District Court at the
Jefferson County Courthouse: 1820 Jefferson Street,Port Townsend, WA.
When a ticket is issued,the defendant has 15 days to respond to the court. Instructions for
this response are on the back of the defendant's (green) copy.Possible responses include
requesting a hearing(contested or mitigated), or paying the monetary penalty. The court
will notify the inspector of the court date and type of hearing if the defendant requests one.
The inspector, or a qualified substitute,must represent Public Health at all hearings on
their tickets. If the defendant fails to respond within 15 days,the court enters a default
judgment against the person named on the ticket and the full fine amount is levied.
Additional questions about filling out the ticket should be directed to an experienced staff
member or the program manager.
6. Large Civil Infractions
A large civil infraction is herein defined as any infraction written for over twice the
amount of the cost of a single violation. The following criteria shall be met prior to
issuing a large civil infraction. The violation should be:
•
• On a business or commercial property or consist of multiple, long-term violations
with significant potential to adversely impact public health or the environment. or;
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• • A documented hazardous waste discharge, adverse impact to surface water or
ground water, or other significant impact to public health and the environment.
The program manager must approve the issuance of all large civil infractions. A civil
infraction can be written for each day of each documented violation.
For Example: Several violations are documented at a site. An NOCV is sent
detailing corrective actions and a timeline. The owner ignores the NOCV and makes
little or no effort to correct the violations. The deadline in the NOCV is missed. The
site is revisited five (5)days later and the same violations are documented. The most
egregious violation is chosen and a large civil infraction is written for that violation
for each day the violation is present. The total fine would be the amount on the civil
infraction(which can be found on the Environmental Health Fee Schedule)times the
number of days that the violation was noted. For five (5) days it would be 5 x the
amount of a single infraction. Depending on the severity of the violation, if necessary,
two violations could be written on one ticket for the same amount of time thus
doubling the monetary penalty.
As usual, should the violator clean up the violation, the infraction can be dismissed any
time up to the court date.
7. Other Enforcement Options
Some cases may require other enforcement options in addition to those previously
mentioned. Public Health has the ability to issue abatement orders, stop-work orders,
and/or request the Prosecutors Office to pursue a court order or civil lawsuit for
abatement. Each of these options are used only in the most extreme cases. If you believe a
case warrants one of these approaches, see the program manager for assistance.
G. COURT
1. Preparation
The inspector writing the ticket must represent Public Health in court. The inspector
should dress in a professional manner at all court appearances and wear his/her Public
Health identification badge. An inspector may request to have a substitute appear in
his/her place only if the substitute has personal knowledge of the case (i.e., only if the
substitute has made a documented site visit).
The inspector must always be extremely well prepared when going to District Court. The
inspector must be objective, honest, and credible when testifying or answering questions
in court. The inspector should never attempt to answer any question in court if they do not
know the answer. In these situations,the inspector should simply state that they do not
know the answer.
• The County's Deputy Prosecuting Attorney assigned to Public Health may be notified of
upcoming court appearances by Public Health employees. The Prosecuting Attorney does
not need to be present in court during the hearing. Any requests by Public Health staff for
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legal opinions or other services from the Jefferson County Prosecuting Attorney's Office •
should be made in writing through the Environmental Health Director.
A subpoena should be issued to any witness who needs to be present in court to support
Public Health's case. A subpoena should be issued whether or not the witness is appearing
voluntarily. A subpoena form is included in Appendix A. Before completing the form,
contact the Deputy Prosecuting Attorney assigned to Public Health and brief him/her on
the case and the reason why the subpoena is needed. With their approval, complete the
subpoena form and return it to them for processing. Contact the witness and notify them
that a subpoena is being issued to them and that it is not a reflection of their willingness to
appear.
The site of the violation should be revisited just prior(24-48 hours)to the date and time of
the hearing. Dated photographs or Polaroid's should be taken to document the status of
the violation.
All available evidence must be taken into court by the inspector. This includes,but is not
limited to:
• Jefferson County Assessor's records providing a legal description of the property and
the name(s) of the property owner(s).
• An Assessor's map showing the exact location of the violation(the location of the
violation should be marked on the map). •
• Copies of all complaints, correspondence, inspection reports, and signed certified
letter receipts (green slips).
• All photographs and photo logs properly documented with dates and times.
• For illegal dumping violations, if applicable,the three pieces of solid waste found at
the site bearing the name of one individual presumed responsible for the violation.
• A copy of the Solid Waste Regulations and any other applicable regulations.
2. Hearing
a. Testimony
When your case is called, stand up in front of the clerk's desk and when prompted,
give the court a summary of the case. Pass any pictures of the violation to the judge
(via the clerk)to review while you are giving your testimony. Give a full history of the
complaint including how many complaints were received,the date(s)the complaint(s)
were filed,when inspections were performed, and what was observed. Describe the
enforcement measures taken by Public Health including how these measures were
successful or unsuccessful in gaining compliance. Include any agreements (verbal or
otherwise)between Public Health and the defendant and how these agreements were
successful or unsuccessful. Always address the judge as"Your Honor."
•
If the judge requests the identity of the complainant,the inspector should explain that
all of the evidence collected in the case was done so by the inspector and that the
complainant's name does not affect the status of the violation. If the complainant
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DRAFT- Solid Waste Enforcement Procedures
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• requested that their name be held confidential,the inspector should explain this
request to the judge. The inspector should advise the judge that Public Health asks
complainants if they would like to remain confidential to encourage the reporting of
health problems in Jefferson County. If necessary the inspector may cite or present
RCW 42.17.310(1) (e),which ensures confidentiality for persons filing a complaint. If
the judge still requests the name of the complainant,the inspector should make a
motion to view the complaint"in camera"(privately with the judge). If the judge
cannot agree to view it privately,the complainant's name should be provided.
If you are presenting an illegal dumping case where the ticket was based on three
pieces of identification found at the dumpsite, advise the judge that RCW 70.95.250
states that there is a rebuttable presumption that the individual whose name appears on
the waste material committed the act of unlawful dumping.
+ IMPORTANT:An inspector may make a penalty recommendation to the court,
however, do not do so until after a"committed"judgment has been issued by the
judge. Penalty recommendations are discussed in more detail in the following
paragraph.
b. Judgment
• Should the judge find that a violation was "committed" and he/she offers the defendant
time to correct the violation,the inspector should always request the judge to set a
second hearing to determine compliance. The inspector should appear on that date,
prepared to show that the violation either has or has not been corrected. If the violation
has not been corrected at the time of the compliance hearing,the inspector should be
prepared to recommend a penalty to the court. This could include all or part of the
original penalty, or community service, based on the level of clean-up achieved by the
defendant.
If you recommend a requirement for the defendant to obtain garbage service, give the
judge a time period for how long this requirement should remain in effect.
3. Court Follow-up
If a violation is not corrected when the court has finished hearing a case,the inspector can
issue an additional civil infraction notice. No more than two tickets should be written for
the same violation. If a violation remains after a judgment has been issued on a second
ticket, consult with a program manager on how to proceed with the case.
The final outcome of all the tickets we write must be documented for program planning
and reporting purposes. The following information must be documented on the bottom of
the white file copy of each ticket,the complaint inspection form, and the complaint
database, as appropriate:
4110
a. Did the infraction go to court or was it dismissed before going to court?
b. Was the infraction undeliverable?
c. Did the defendant pay the penalty in lieu of a hearing?
Jefferson County Public Health
DRAFT- Solid Waste Enforcement Procedures
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d. What was the amount of the fine assessed by the court,if any? •
Record this information only after the case is completely played out in court. If the judge
continues the hearing,wait until the judge makes a final determination before recording
the results.
If a hearing is held on a ticket,you will receive a written copy of the judgment including
the amount of the penalty. A copy of the judgment should be attached to the complaint
and the blue copy of the ticket.
+ IMPORTANT:Retain any evidence collected for at least sixty days following a court
hearing. The violator may appeal a court decision within a reasonable period of time.
III. Special Complaint Enforcement Procedures
This section includes jurisdictional and complaint specific procedures in certain circumstances as
noted below. These procedures do not address every possible situation and individual inspectors are
expected to use their best professional judgment when responding to unique cases. Guidance from the
program manager can be useful in determining the best course of action in unusual circumstances.
A. COMPLAINT SPECIFIC
1. Environmental Dumping •
Environmental dumping includes any improper disposal of solid waste at a location which
is not permitted to receive waste and is not owned or inhabited by the violator. In addition
to the procedures in Section II,the following procedures should be followed for illegal
dumping complaints:
+ IMPORTANT:Public Health only responds to unlawful dumping complaints that include
more than one cubic foot of waste.
a. If three or more pieces of identifying material are found bearing the name of one
individual or business:
(1) Contact violator by phone (if possible) and explain his/her responsibilities.
(2) Send NOCV letter to violator requiring: clean up,proper disposal, and garbage
collection service at their residence.
(3) Issue citation for illegal dumping.
(4) If cleanup does not occur before a scheduled court date: Recommend to the court
during the hearing that an order be issued requiring the violator to correct the
violation, obtain collection service, and pay the fine amount.
b. If evidence is found,but it is insufficient to legally hold the person identified
responsible: •
•
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DRAFT- Solid Waste Enforcement Procedures
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• (1) Send a warning letter to the last known address, advising the suspected violator of
the Regulations (see template in Appendix A). Include copies of the"Solid Waste
Regulations in Jefferson County"and"Drop-Off Recycling"brochures.
(2) If there is no response,work with property owner to accomplish clean up.
c. If no violator identification can be found or the violator can not be located,the
property owner is responsible for proper disposal of the materials. Follow these
procedures:
(1) Single Dumping Incidents
a) Do not send NOCV letter to the property owner. The inspector should either
contact the property owner by phone or send an informal written
recommendation to the property owner regarding cleanup and proper disposal
of materials, requiring disposal receipts from contractors, and restricting access
to the property. Once contact has been made the inspector can evaluate the
property owner's financial ability and personal interest in abating the violation.
b) Public Health inspector may choose to assist the property owner in abating the
violation if he/she determines the property owner was a victim of an illegal
dumping incident and has been willing to cooperate. The inspector may issue a
Solid Waste Services Voucher(s)for disposal of a variety of solid waste
materials (see Appendix A for copy of Service Voucher Form and issuance
• procedures). The Voucher may be used to cover disposal fees and/or pay for a
cleanup crew.
(2) Chronic Problem Areas
(a) If there is sufficient evidence to identify a violator, send the NOCV to the
violator and continue with normal enforcement process. If evidence is
insufficient, the inspector must gain compliance through the property owner(s).
(b) Contact the property owner by telephone and/or send a NOCV. Require the
violation to be corrected.
(c) Recommend to the owner that access to vacant property be restricted. When
possible, an Agreement to Restrict Access form should be completed(see
Appendix A for a copy of this form).
(d) If the violation is not corrected following verbal or written order,write a ticket
for the violation. Explain to the property owner that the ticket may be
dismissed if the violation is corrected prior to the court date (if one is
requested).
(e) Public Health inspector should evaluate the property owner's willingness and
financial ability to assist in the cleanup and consider financial assistance as
discussed in(1)(b)above.
2. Dumpster Dumping
•
Dumpster dumping includes any unauthorized disposal of solid waste in a dumpster. The
following procedures are followed when conducting enforcement in these cases:
Jefferson County Public Health
DRAFT- Solid Waste Enforcement Procedures
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a. If the violator is identified (by three pieces of identifying waste or other evidence): •
(1) Send a NOCV to the violator requiring cleanup (if possible), and requiring the
violator to obtain garbage collection service at his/her residence for one year. If
they already have service, require that it be increased if appropriate and maintained
for one year. Mention in the NOCV that a ticket has been issued for the violation.
(2) Simultaneously issue a ticket for illegal dumping to the violator.
(3) Contact the appropriate collection company to verify that the violator has obtained
service. Request the collection company to notify Public Health if service is
canceled within one year.
(4) Recommend to the owner/lessee of the dumpster that they should institute some
manner of control on their dumpster. Advise them that except in unusual
circumstances,Public Health responds to only one reported dumpster dumping
incident per property.
b. If violator is not identified:
(1) Advise the property owner/lessee that insufficient evidence has been collected
to pursue the violator.
(2) Recommend control measures.
+ IMPORTANT:Public Health has a policy guideline of only responding to one .
dumpster dumping complaint per premises. It is important when responding to
these complaints to advise the property owner/manager of this policy and offer
them recommendations for controlling unauthorized dumpster use.
3. Abandoned Hazardous Waste
These procedures should be used by staff when responding to complaints of unidentified,
contained(i.e., not spilled)hazardous wastes. Staff members are not authorized to respond
to complaints involving uncontained hazardous wastes or materials, unless the staff
member is certain there is no risk of exposure. Generally, spill complaints should be
immediately referred to 911. These procedures should be followed closely, as they are
intended to protect the inspector's health. These procedures do not address every possible
situation. Therefore, staff is expected to use their best professional judgment when
responding to unique cases. Guidance from a program manager is recommended in
determining the best course of action in unusual circumstances.
a. Office Procedures
After receiving the complaint from your program manager:
(1) Contact the complainant to confirm the incident, and to ensure the waste is
contained.
(2) If the waste is spilled or leaking, and the situation warrants it, call 911, and ask for 4110
an Emergency Management Duty Officer.
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DRAFT- Solid Waste Enforcement Procedures
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. (3) If the waste is contained, obtain and record additional information from the
complainant on a Public Health Complaint Form (see Appendix A for a copy of
this form).
b. Field Procedures
(1) Prior to Site Entry
(a) Remember that Public Health's role is to confirm that wastes are present and
contained, and to attempt to identify the material without jeopardizing the
inspector's health.
(b) From the site perimeter, conduct a preliminary evaluation of the site. The
inspector should note the location of the waste and any unusual odors. Record
site information in Section I of the Abandoned Waste Site Evaluation Form
(see Appendix A for a copy of this form).
(2) Site Entry
(a) The inspector should approach the waste from the upwind side, and never
come closer than twenty-five feet of the waste material unless confirmation can
be made that the waste is containerized, or its nature has been determined as
non-hazardous. After the Abandoned Waste Site Evaluation Form has been
completed,the inspector should proceed with the following actions:
(i) If waste materials are not found,the complaint may be abated.
(ii) If wastes are found to be spilled or leaking,the inspector should leave the
immediate area,tape off the site perimeter, and immediately refer the
incident to the 911 Emergency Management Duty Officer.
(iii) If the wastes are found on public property,the inspector should tape off
the site perimeter, and report the incident to the 911 Emergency
Management Duty Officer.
(iv) If a release of hazardous waste has occurred,the inspector should call the
Department of Ecology, (425) 649-7000,to report it.
(b) Once it is determined that the wastes are contained and located on private
property,the inspector should contact the property owner and follow Public
Health's Solid Waste Enforcement Procedures in an attempt to abate the
problem.
(c) In instances when enforcement procedures are unsuccessful for contained
wastes,the inspector should refer the complaint to DEM(337-7119)who will
coordinate abatement with the Washington State Department of Ecology. This
should only be exercised as a last resort to Public Health's enforcement
procedures.
4. Abandoned Junk Vehicles
Follow these procedures when an abandoned junk vehicle(s)needs to be removed from
private property by a landowner who does not possess the title for the vehicle. RCW
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DRAFT- Solid Waste Enforcement Procedures
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46.55.230 grants Public Health the ability perform this task. Abandoned junk vehicles on •
public right-of-ways are an issue for law enforcement agencies. Call CENCOM to report an
abandoned junk vehicle in a public right-of-way. Abandoned junk vehicles with out-of-state
plates are also an issue for the law enforcement agencies. Call the appropriate jurisdictional
law enforcement agency to report an abandoned junk vehicle with out-of-state plates. If the
vehicle has no plates and no VIN number visible, contact the appropriate jurisdictional law
enforcement agency for help researching the vehicle.
a. Field Procedures
Using a Washington State Department of Licensing(DOL) Junk Vehicle Affidavit form
(provided in Appendix A) obtained at www.dol.wa.gov/forms/420549.htm , inspect the
vehicle to determine if it meets the legal definition of a junk vehicle. If it does,record
the vehicles license plate number and/or Vehicle Identification Number(YIN)number
for later use, and make note of the damage to the vehicle in Section 1 of the form.
b. Office Procedures
Using the license plate or VIN number you recorded in the field,research the registered
and/or legal owner of the vehicle by using the VIPS system detailed in Appendix D. The
VIPS report contains the registered/legal owner information necessary to fill out Section
1 of the Junk Vehicle Affidavit. After receiving the VIPS report from DOL,pay •
particular attention to any remarks noted on the bottom of the report, if a vehicle is
stolen or has a sellers report on file, it will be noted here. If the vehicle is noted as stolen
contact the appropriate jurisdictional law enforcement agency to report it and have it
removed. If the vehicle is noted as having a sellers report on file,call DOL at(360) 902-
3370 to request a copy of the sellers report. The sellers report will include the name of
the current legal owner. The last portion of Section 1 asks for certain information from
the inspector. Fill out the information as follows:
TITLE Your Title (EHS I, II or III)
OFFICER'S AGENCY Jefferson County Public Health
BADGE OR PERSONNEL# Use the same#you use when writing a citation
When you have filled out Section 1 completely you should mail the form in its entirety
to the landowner(keep a copy for your records). It's the landowner's responsibility to
fill out the remainder of the form,mail it to the registered owner, and if necessary have
the form notarized. A cover letter template for this form has been prepared and has been
included in Appendix A. Make a copy of the Junk Vehicle Affidavit form before mailing
it to the landowner and place it in Junk Vehicle Affidavit file next to the Inspector's
Citations file in the filing cabinet.
IV. Permitted Facility Enforcement Procedures
•This section includes general enforcement procedures for permitted facilities. These procedures do
not address every possible situation, and inspectors are expected to use their best professional
Jefferson County Public Health
DRAFT- Solid Waste Enforcement Procedures
Page 27
•
judgement when responding to unique cases. Guidance from the program manager can be useful in
determining the best course of action in unusual circumstances.
A. COMPLAINT RECEIPT
Complaints concerning permitted facilities may be phoned in to Public Health in the same
way a standard complaint is received(see Section II.A.,page 3). If a complaint concerning a
permitted facility is received via phone,that complaint should be forwarded to the inspector
responsible for issuing that facility's permit. Complaints concerning permitted facilities
should not be logged on the standard Complaint Form and therefore are not entered into the
Complaint Database. The inspector should record the specifics of the reported violation on a
Solid Waste Facility Inspection Form (a sample of this form is located in Appendix A). The
inspector would then either respond immediately to the facility or would contact a facility
representative and schedule an inspection of the facility.
It is also possible that a violation of the Regulations may not be phoned in,but rather
observed firsthand by an inspector while on a tour or inspection of a permitted facility. In
these cases,the inspector should fill out a Solid Waste Facility Inspection Form (Facility
Inspection Form). On this form the inspector can note both the specifics about the violation
and the correction date for the violation.
B. COMPLAINT COORDINATION
11, In determining the type of violation,the same standards and procedures outlined in Section
II.B.,page 4, should be applied. Many complaints received by the SHW Program will involve
multiple issues and require coordination with another agency or Public Health Program.
Inspectors should use their judgement in determining if it is necessary to contact another
agency or program in advance of conducting a site inspection. A list of other environmental
regulations and agency contacts can be found in Appendix C.
C. INSPECTION PREPARATION
In addition to the inspection preparation procedures outlined in Section lI.C.,page 6,
inspectors should prepare for a facility inspection by doing the following:
• Prepare the first section of a Facility Inspection Form.
• Review past Facility Inspection Forms kept on file at Public Health. These forms will
detail any issues found during past inspections and may help an inspector identify
problems or trends at a facility.
• Review the facility permit, applicable local Solid Waste Regulations, and State Rules and
Regulations, which spell out in detail how facilities are to be designed, constructed, and
operated.
D. SITE INSPECTION
S1. Site Entry and Searches
Inspections of permitted facilities are often scheduled in advance of the inspector's arrival.
However there may be cases in which an unannounced, unscheduled inspection is
Jefferson County Public Health
DRAFT- Solid Waste Enforcement Procedures
Page 28
necessary. In these cases, an inspector should not be denied access to the facility. All solid
waste permits contain language that grants the inspector access to the permitted facility for
the purposes of determining compliance with all applicable rules and regulations. The
facility could still refuse to grant access to the inspector in violation of its permit. Under
these circumstances the inspector should refrain from entering the site and immediately
contact their program manager and/or the Prosecuting Attorney's Office for assistance.
2. Conducting the Inspection
Conduct the inspection within the bounds of your job. You are conducting the inspection
to determine the "who, what, when,where,why, and how"as they relate to the complaint.
Avoid discussing violations or making any enforcement promises until after the
investigation and evidence collection has been completed and you have thoroughly formed
your enforcement approach.
The things to look for while inspecting a permitted facility include:
• Threats to the public health or the environment.
• Violations of the conditions of the permit.
• Violations of applicable federal, state, and local rules and regulations.
Record any violations and agreed upon correction dates on the Facility Inspection Form.
At the conclusion of the inspection,request the facility representative to sign the form. If
the facility representative refuses to sign the form, an NOCV shall be sent to the facility
representative. Photos are another useful tool the inspector can use to document suspected
violations and are required to document the conditions on site at the time of the
inspection.
Witness and suspect interviews are also important investigation tools. Conduct interviews
in a non-emotional, objective, and non-accusatory manner. Be certain to record the name,
address, and telephone number of all people you interview in case you need to follow-up
and get more information later.
+ IMPORTANT:If during an inspection the inspector is threatened by the permittee, either
directly or indirectly,the inspector shall immediately leave the site. The inspector shall
immediately report the incident to his/her program manager, shall fill out and submit a
Public Health Confidential Report of Incident form, and shall not return to the site
without Public Health and law enforcement backup. Backup shall be provided by a
Public Health program manager and by the appropriate jurisdictional law enforcement
agency. Threatening a public servant is a class B felony in the State of Washington
under RCW 9A.76.180.
E. POST-INSPECTION DOCUMENTATION
After the inspection is complete,you should review your notes from the field and other sources
and prepare an inspection summary letter. This letter should be addressed to the facility owner
or operator and limited to the facts you collected about the case and your observations during
the site inspection. It should be professionally written,thorough, and objective. Do not include
Jefferson County Public Health
DRAFT- Solid Waste Enforcement Procedures
Page 29
• opinions in an inspection letter. Include only facts and observations. This letter summarizes
what, if any,violations were found.
F. ENFORCEMENT OPTIONS
1. Warning Letter
A warning letter may be appropriate in some situations. Examples of these situations
might be:
a. There is no clear evidence of a violation; or
b. The violation warrants education rather than enforcement; or
c. The offense is the first for the permittee and does not constitute a serious public or
environmental health threat.
2. Notice and Order to Correct Violation(NOCV)
The NOCV must be served to the permittee by mailing a copy of the order via certified
and regular mail to such person at his/her business address. The NOCV should be written
to the contact person for the facility in question. The contact person is found in Section I,
Permittee and Administrative Information, of the facility's permit. The content of the
written notice must conform to the requirements in Section 950(5)(b) of the Regulations.
An example NOCV letter is provided in Appendix A. After receipt of the NOCV,the
• permittee may request an extension of the compliance date. The inspector may require this
request to be written. Upon receiving the return certified mail receipt, attach it to the file
copy of the NOCV. If there is reason to believe that the certified mail copy will not be
delivered or accepted,then a Declaration of Mailing should be completed for the copy
sent regular mail. A copy of the Declaration of Mailing is contained in Appendix A.
The deadline for the correction of any violation at a permitted facility is dependent upon
the actions or equipment that may be necessary to correct the violation. Violations at
permitted facilities should be corrected as soon as practicable. If delays are caused by the
need to purchase equipment or expend capital,then temporary mitigation measures shall
be required to protect public health and the environment until a permanent solution is in
place.
After the deadline specified in the written notice has been reached,the status of the
violation must be determined. This can be accomplished by conducting a follow-up
facility inspection. When a follow-up inspection is conducted, document the inspection
just as thoroughly as the initial inspection. If a violation still exists at follow-up,other
enforcement options as described in this section may be appropriate. Under normal
circumstances, failure to comply with a NOCV is followed by a Notice of Civil Infraction.
If the violation has been corrected,the inspector should note this on the Facility Inspection
Form. If a violation is only partially corrected,the inspector should use their best
111, professional judgment when deciding whether to issue a ticket or agree to a revised
compliance date.
Jefferson County Public Health •
DRAFT- Solid Waste Enforcement Procedures
Page 30
3. Notice of Civil Infraction(Ticket) .
The notice of civil infraction procedures, also known as the "ticket writing"procedures,
are referenced in Section 950(6)(b)of the Regulations and described in Chapter 7.80
RCW, Civil Infractions. An example of a ticket is provided in Appendix A. In most cases,
tickets are issued following failure to comply with the NOCV. Civil infractions may be
utilized at permitted facilities after repeated instances of non-compliance have been
documented and the facility has failed to demonstrate good faith effort to achieve
compliance. Circumstances always vary. Consult with your program manager before
writing a ticket to a permitted facility.
+ IMPORTANT:A notice of civil infraction can only be written in cases where the
inspector has made a direct observation of the infraction or permit violation being
cited.
In severe cases where the volume or extent of violations warrant,two infractions may be
recorded on one ticket. Check with your program manager before writing a ticket with two
infractions.
The ticket should be written to the contact person for the facility in question. The contact
person is found in Section I, Permittee and Administrative Information, of the facility's
permit.
4. Suspension or Revocation of Permit •
Solid waste handling permits are issued with the requirement that the facility remain in
compliance with all applicable rules and regulations. If the permittee is unable or
unwilling to correct the violation,the inspector may suspend or revoke that facility's
permit. This action can only be done with the program manager's approval. Permit
suspension and revocation procedures are provided in Section 950(6)(i)of the
Regulations.
5. Non-compliance Fees
Public Health may assess non-compliance fees to a permittee for staff time expended in
oversight and review of non-compliance issues and any re-inspections that may be
necessary to monitor non-compliance. Inspectors should contact their program manager
for instructions on how to record and track time allotted to any specific instance of non-
compliance.
6. Large Civil Infractions
A large civil infraction is herein defined as any infraction written for over twice the
amount of the cost of a single violation. One of the following criteria shall be met prior to
issuing a large civil infraction: ,.
• The violation is a frequently occurring one, and has been documented as such;
• Repeated attempts to bring the facility into compliance have failed; or
Jefferson County Public Health
DRAFT- Solid Waste Enforcement Procedures
Page 31
• • There has been a documented hazardous waste discharge, adverse impact to the
surface water or ground water, or other significant impact to public health or the
environment.
The program manager must approve the issuance of all large civil infractions. The civil
infraction could be written for each day of each documented violation.
For Example: Several violations are documented at a site. An NOCV is sent detailing
corrective actions and a timeline. The permittee ignores the NOCV and makes little or no
effort to correct the violations. The deadline in the NOCV is missed. The site is revisited
five (5)days later and the same violations are documented. The most egregious violation
is chosen and a large civil infraction is written for that violation for each day that the
violation is present. The total fine would be the amount on the civil infraction(which can
be found on the Environmental Health Fee Schedule)times the number of days that the
violation was noted. For five (5) days it would be 5 x the amount of a single infraction.
Depending on the severity of the violation, if necessary,two violations could be written on
one ticket for the same amount of time thus doubling the monetary penalty.
As usual, should the permittee correct the violation,the infraction could be dismissed any
time up to the court date.
7. Other Enforcement Options
Some cases may require other enforcement options in addition to those previously
mentioned. Public Health has the ability to issue abatement orders, stop-work orders,
and/or request the Prosecuting Attorney's Office to pursue a court order or civil lawsuit
for abatement. Each of these options should be used only in the most extreme cases. If you
believe a case warrants one of these approaches, see the program manager for assistance.
8. Post-Enforcement Documentation Procedures
After enforcement procedures have run their course, all related materials should be
prepared for filing. The inspector should record all appropriate data onto the Facility
Inspection Form summarizing the final disposition of the enforcement action. This
information should be filed with the facility's records and be maintained as part of the
facility's operational record and compliance history. All relevant information generated
as a result of the enforcement action including all forms, correspondence,phone
conversation records,faxes and/or meeting notes, should be placed in the facility's file.
•
APPENDIX A
ENFORCEMENT FORMS:
Complaint Form
Violation Notice Door Hanger
Compliance Agreement
Trip Itinerary
Photo Log
1111
Warning Letter
Notice and Order to Correct Violation
Declaration of Mailing
Notice of Civil Infraction (Ticket)
Motion and Order to Dismiss
Witness Subpoena
Abandoned Waste Site Evaluation Form
Solid Waste Facility Inspection Form
Phone-Con Record
Junk Vehicle Affidavit Cover Letter
•
•
COMPLAINT FORM
JEFFERSON COUNTY PUBLIC HEALTH
• Environmental Health, Solid and Hazardous Waste
DATE Reported: TIME: CASE #:
COMPLAINT TYPE:
❑ Solid Waste 0 Water Quality
❑ Vectors 0 Hazardous Material
❑ Sewage Spill
If report of hazardous material spill or emergency, also refer caller to 911. Forward immediately to Program
Manager if complaint involves: hazardous material, sewage or chemical spill,biomedical waste,material
dumped into a stream or water body, or any imminent threat to public or environmental health.
Complaint Received By:
DO YOU WANT TO REMAIN CONFIDENTIAL? 0 Yes ❑ No
Reported By: Day Phone #:
Address:
ZIP Code:
Source or Violator: Phone # :
Address: Rental Property? Y N
Garbage Service? Y N
City: ZIP Code:
Assessor Accnt. # (for location of violation)
Jurisdiction: Jefferson County City of Port Townsend
Statement of Problem:
Directions to Place of Incident:
Referred to inspector for investigation. Log-In & Assign Date:
DATE: ACTION: I
S
VIOLATION TYPE: (check one) 0 Dumping 0 Premises 0 Business 0 Other
POLLUTANTS: (check all that apply, include estimated volume)
❑ Agricultural Waste 0 Drywall/Gypsum yd3 0 Sewage
❑ Antifreeze gal 0 Feces,Pet 0 Tires _qty
❑ Auto/Junk Vehicles qty 0 Garbage,MW yd3 0 Vectors
❑ Auto Batteries qty 0 Hazardous Material gal 0 White goods/Appliances_qty
❑ Biomedical Waste yd3 0 Furniture qty 0 Yard Waste yd3
❑ Bulky Waste yd3 0 Oil,Motor gal 0 Other
❑ Burning 0 Paint gal
❑ Constr./Demo Debris yd3 0 Roofing Material yd3
1 ACTION SUMMARY: People Dangerous? Y N Site Visits: 0 1 2 3 4 5 6 7 8 9 10
Confirmed? Y N 0 NOCV Letter Sent / / 0 Ticket# Written / /
Abated? Y N BY: / /
CAncelled FOrwarded NoProblems REsolved UNresolved CleanupFund(Voucher# )
•
S Jefferson County Public Health
Environmental Health Department
Solid and Hazardous Waste Program
615 Sheridan St.
Port Townsend,WA 98368
TEL: (360)385-9444
FAX: (360)385-9401
Solid Waste Violation Notice
Name:
Address:
A solid waste inspector visited your residence/property on
. A formal complaint has been registered
indicating one or more possible violations of the Jefferson
County Board of Health Ordinance 2005-[XX], "Solid
Waste Regulations."
The following violations have been noted:
• ❑ Garbage Disposal ❑ Animal Wastes
❑ Garbage Storage ❑ Junk/Abandoned Vehicles
❑ Unlawful Dumping ❑ Moderate Risk Waste
❑ Burning Prohibited Management
❑ Appliances\White Goods
❑ See Back For More Information
Failure to correct the above violation(s) may result in a
class 1 civil infraction.
Please contact me within 3 days at(360) 385-9444.
Sincerley,
Environmental Health Specialist
•
Notice and Order to Correct Violation
COMPLIANCE AGREEMENT
Jefferson County Public Health,Solid and Hazardous Waste Program
615 Sheridan St. Port Townsend,WA 98368
(360)385-9444 FAX.(36S)385-9401
Inspector: Date: Complaint#:
Name: Phone# :
Mailing Address:
Property Address:
Owner? Y N
If Rental,Owners Name: Phone#:
Address:
Type/Location of Violation:
Section of JCBH Ordinance
# "Solid Waste Regs": Description of Violation(s):
Item# Corrective Actions: ; Completion Date(s):
NOTE: If material is to be disposed of, receipts from a permitted disposal facility or hauler must be submitted to
the Health District as proof of your compliance with this order. FAILURE TO COMPLY WITH THIS
ORDER WILL RESULT IN THE ISSUANCE OF A CIVIL INFRACTION NOTICE TO YOU. THE
CIVIL INFRACTION NOTICE MAY RESULT IN A FINE OF UP TO $538 PER VIOLATION PER
DAY TO BE ASSESSED TO YOU.
I hereby agree that the above is true and accurate and that I will comply with the corrective actions listed above.
SIGNATURE:
Violator Date JCPH Inspector Date
Top Copy=JCHD Bottom Copy=Violator
Jefferson County Public Health
TRIP ITINERARY
Name: Pager#:
Signature: Cell#:
LIST OF SCHEDULED STOPS AND ESTIMATED TIMELINE
Location Time
1.
2.
11,
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
410
Inspector Check-In PM
JEFFERSON COUNTY PUBLIC HEALTH PHOTO LOG
Location: •
Photo#:
Date:
Time:
Taken by:
Witness:
Film:
Camera:
Description:
Location:
Photo#:
Date:
Time:
Taken by:
Witness:
Film:
Camera:
Description:
.
( � l JEFFERSON COUNTY PUBLIC HEALTH
Always Working for a Safer and Healthier Jef ferson County
[Date]
[Name]
[Address]
[City, State, Zip]
RE: ILLEGAL DUMPING OF SOLID WASTE AT [LOCATION]
Dear Mr. /Ms.:
Public Health staff discovered material from your household at an illegal dump at [Location]. As
provided for in Section IV.A.5.a. of Jefferson County Board of Health Ordinance 2005-[XX]
"Solid Waste Regulations,"the Health District requires appropriate disposal of solid waste.
Proper disposal methods would include:
• Regularly scheduled garbage service at your address,provided by a permitted solid waste
collection company.
• Transportation of wastes to a permitted solid waste handling facility on a weekly basis.
See the enclosed pamphlet titled"The Waste Wise Guide"for a list of approved facilities.
•
FAILURE TO COMPLY WITH THESE REGULATIONS WILL RESULT IN THE
ISSUANCE OF A CIVIL INFRACTION NOTICE TO YOU. THE CIVIL INFRACTION
NOTICE MAY RESULT IN A FINE OF UP TO $538.00 PER VIOLATION PER DAY TO
BE ASSESSED TO YOU.
If you have any questions or need any additional information,please do not hesitate to contact
me at(360) 385-9444.
Sincerely,
[Inspector Name]
Environmental Health Specialist
Solid and Hazardous Waste Program
enclosure: "Jefferson County Solid Waste Regulations: How They Affect You"
"Jefferson County Solid and Hazardous Waste Resources"
COMMUNITY ENVIRONMENTAL DEVELOPMENTAL NATURAL
0 HEALTH HEALTH DISABILITIES RESOURCES
(360)385-9400 (360)385-9444 (360)385-9400 (360)385-9444
615 Sheridan Street,Port Townsend, Washington 98368
fax: (360)385-9401 web: www.jeffersoncountypublichealth.org
(4, .JEFFERSON COUNTY PUBLIC HEALTH
Always Working for a Safer and Healthier Jefferson County
•
NOTICE AND ORDER TO CORRECT VIOLATION
SENT REGULAR AND CERTIFIED MAIL
[DATE]
[NAME]
[ADDRESS]
[CITY]
RE: SOLID WASTE VIOLATIONS AT [ADDRESS]
Dear Mr. /Ms. [NAME]:
Violations/A violation of Washington Administrative Code 173-350, "Solid Waste Handling
Standards," and the Revised Code of Washington (RCW)have/has been identified at the above
referenced property that you own and/or occupy.
As noted by Jefferson County Public Health,the following provisions/provision of these
regulations have/has been violated: •
[RCW SECTION(S)VIOLA 1'ED]
The Health District hereby gives you notice to correct this violation/all violations within [X]
days of receiving this notice by doing the following:
[CORRECTIVE ACTIONS]
Submit receipts from a permitted disposal facility or solid waste transporter to Jefferson County
Public Health as proof of your compliance with this order. Without receipts,this matter cannot
be closed.
FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN THE ISSUANCE OF A
CIVIL INFRACTION NOTICE TO YOU. THE CIVIL INFRACTION NOTICE MAY
RESULT IN A FINE OF UP TO $538.00 PER VIOLATION PER DAY TO BE ASSESSED TO
YOU.
A list of permitted solid waste recycling and disposal facilities can be found on the Jefferson
County Office and the Jefferson County Website.
COMMUNITY ENVIRONMENTAL DEVELOPMENTAL NATURAL
HEALTH HEALTH DISABILITIES RESOURCES
(360)385-9400 (360)385-9444 (360)385-9400 (360)385-9444
615 Sheridan Street,Port Townsend, Washington 98368
fax: (360)385-9401 web: www.jeffersoncountypublichealth.org
N c JEFFERSON COUNTY PUBLIC HEALTH
Always Working for a Safer and Healthier Jefferson County
Your prompt attention to this matter is both appreciated and required. Please call me at(360)
385-9444 if you have any questions or require additional information regarding this order.
Sincerely,
[INSPECTOR]
[TITLE]
Jefferson County Public Health
•
COMMUNITY ENVIRONMENTAL DEVELOPMENTAL NATURAL
• HEALTH HEALTH DISABILITIES RESOURCES
(360)385-9400 (360)385-9444 (360)385-9400 (360)385-9444
615 Sheridan Street,Port Townsend, Washington 98368
fax: (360)385-9401 web: www.jeffersoncountypubiichealth.org
/ JEFFERSON COUNTY PUBLIC HEALTH
t i.41
Always Working for a Safer and Healthier Jefferson County
•
DECLARATION OF MAILING
I certify(or declare)under penalty of perjury under the laws of the State of Washington
that the following is true and correct:
That I am a citizen of the United States, a resident of the State of Washington, over the
age of eighteen years, not a party to this action and competent to be a witness therein;
That on , 200_, I deposited in the mails of the United States of America,
postage prepaid, a copy of addressed to:
DATED: , 200_at Port Townsend, Washington
S
Name
COMMUNITY ENVIRONMENTAL DEVELOPMENTAL NATURAL
HEALTH HEALTH DISABILITIES RESOURCES
•
(360)385-9400 (360)385-9444 (360)385-9400 (360)385-9444
615 Sheridan Street,Port Townsend, Washington 98368
fax: (360)385-9401 web: www.jeffersoncountypublichealth.org
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WASHINGTON UNIFORM COURT DOCKET—COURT COPY ._.
•
1
2 •
3
4
5
6
7
8 JEFFERSON COUNTY DISTRICT COURT, STATE OF WASHINGTON
9 IN RE:
10 JEFFERSON COUNTY Cause No. 000000
11 PUBLIC HEALTH,
MOTION, CERTIFICATION AND
12 -vs- ORDER TO DISMISS
13 Alleged Violator
14
15 1. MOTION
16 COMES NOW, [NAME],Deputy Prosecuting Attorney for Jefferson County and moves •
17 the above-entitled Court to dismiss this matter. This motion is based upon the following
Certification:
18
19
20
PRESENTED BY [NAME]
21 WSBA# [NAME]
22 2. CERTIFICATION
23
I am the citing officer and the matter has been resolved to the satisfaction of the Jefferson
24 County Public Health. I certify under penalty of perjury that the foregoing is true and correct.
25
26
INSPECTOR
27 ENVIRONMENTAL HEALTH SPECIALIST
28
I
MOTION, CERTIFICATION AND
ORDER TO DISMISS -- 1
1 3. FINDINGS OF FACT
The Court,having considered the motion, finds that there is good cause to dismiss this
matter and that the Court has jurisdiction in this matter. NOW,THEREFORE, enters the
following:
4
5 4. ORDER
6 This matter be and hereby is dismissed.
7
8 DATED THIS day of ,2001.
9
10
11
DISTRICT COURT JUDGE
12
13
14
15
17
18
19
20
21
22
23
24
25
26
27
28
MOTION, CERTIFICATION AND
ORDER TO DISMISS --2
S
JEFFERSON COUNTY DISTRICT COURT, STATE OF WASHINGTON
IN RE:
JEFFERSON COUNTY NO. 000000
PUBLIC HEALTH,
MOTION, CERTIFICATION AND
-vs- ORDER TO DISMISS
Alleged Violator
TO:
You are hereby commanded to appear at Jefferson County District Court at 1820 Jefferson
Street,Port Townsend, Washington, on at .m.,
then and there to give evidence in the above captioned cause on behalf of Plaintiff JEFFERSON411
COUNTY PUBLIC HEALTH and to remain in attendance until discharged.
DATED:
[NAME]
WSBA NO. [XXXXX]
Deputy Prosecuting Attorney
•
MOTION, CERTIFICATION AND
ORDER TO DISMISS -- 2
i5o aJEFFERSON COUNTY PUBLIC HEALTH
lJ Always Working for a Safer and Healthier Jefferson County
ri, -t
o'�'
SOLID WASTE FACILITY INSPECTION FORM
Facility Name: Operator: Phone#:
Location of Facility:
Inspector: Date: Time:
Type of Inspection Checklist Used: Facility Representative Present:
Reason for Inspection Type of Inspection Results J_ Sample Taken?
Scheduled Full Quarterly —Compliant Yes No
Return Brief Non-Compliant
Complaint No Entry Approved
Permit Investigation Consultation _Disapproved Attachments? (photos,etc.)
Sample Plan Review Other Yes No
By Request Site Review Type?
Other Other
—
Correction
Iliem # Description (see attached checklist for complete list of items) Date
Sheet of
COMMUNITY ENVIRONMENTAL DEVELOPMENTAL NATURAL
• HEALTH HEALTH DISABILITIES RESOURCES
(360)385-9400 (360)385-9444 (360)385-9400 (360)385-9444
615 Sheridan Street,Port Townsend, Washington 98368
fax (360)385-9401 web: www.jeffersoncountypublichealth.org
•
So JEFFERSON COUNTY PUBLIC HEALTH
Always Working for a Safer and Healthier je f ferson County
•9p14flS,r
Correction
Item # Description (see attached checklist for complete list of items) Date
Comments:
•
Signatures:
Facility Representative KCHD Inspector
File Name:
COMMUNITY ENVIRONMENTAL DEVELOPMENTAL NATURAL
HEALTH HEALTH DISABILITIES RESOURCES •
(360)385-9400 (360)385-9444 (360)385-9400 (360)385-9444
615 Sheridan Street,Port Townsend, Washington 98368
fax: (360)385-9401 web: www.jeffersoncountypublichealth.org
oN `'° JEFFERSON COUNTY PUBLIC HEALTH
`.�. Quo ,',
Always Working for a Safer and Healthier Jefferson County
TELECON MEMORANDUM TO FILE
DATE: TIME: FILE:
BY: TO: PAGE 1 of 1
REPRESENTING REPRESENTING
PHONE#: PHONE#: FAX#:
PURPOSE:
FOLLOW-UP ACTION -
CC: 0 PROJECT FILE 0 MIKE MCNICKLE 0
COMMUNITY ENVIRONMENTAL DEVELOPMENTAL NATURAL
• HEALTH HEALTH DISABILITIES RESOURCES
(360)385-9400 (360)385-9444 (360)385-9400 (360)385-9444
615 Sheridan Street,Port Townsend, Washington 98368
fax: (360)385-9401 web: www,jeffersoncountypublichealth.org
JEFFERSON COUNTY PUBLIC HEALTH
y ! Always Working for a Safer and Healthier Jefferson County
zy xJi4e,1° S
[DATE]
[NAME]
[ADDRESS]
RE: ABANDONED JUNK VEHICLE/VEHICLES AT ADDRESS
Dear Mr. /Ms.:
An Inspector from the Solid&Hazardous Waste Program of the Kitsap County Health District has
determined that the vehicle/vehicles abandoned on the above referenced property meets/meet the
definition of a junk vehicle per RCW 46.55.010.
Attached to this letter you will find a form that you may use to expedite the removal of the abandoned
junk vehicle/vehicles from the property.You will be responsible for following the instructions contained
in the form and for filling out the required information in Sections 2&3 of the form.
Your prompt attention to this matter is both appreciated and required. Please call me at(360)385-9444 if
you have any questions or require additional information regarding this order.
Sincerely, 1110
[YOUR NAME]
Environmental Health Specialist
Solid and Hazardous Waste Program
enc: DOL Junk Vehicle Affidavit
COMMUNITY ENVIRONMENTAL DEVELOPMENTAL NATURAL
HEALTH HEALTH DISABILITIES RESOURCES •
(360)385-9400 (360)385-9444 (360)385-9400 (360)385-9444
615 Sheridan Street,Port Townsend, Washington 98368
fax: (360)385-9401 web: www.jeffersoncountypublichealth.org
•
Board of Health
Draft
Policy Statement
• Fooc1Safety
For discussion at
September 15th meeting
•
JEFFERSON COUNTY PUBLIC HEALTH
• ENVIRONMENTAL HEALTH
(DRAFT)POLICY STATEMENT NUMBER XXX-05
Program: Food Safety
Subject: Inspection Frequency
Purpose: -WAC 246-215 (Working document section 8-401.10(B)(2)allows local
health jurisdictions to assign inspection frequency based on risk.
-WAC 246-215 (Working document section 8-405.20)does not address
specific criteria for re-inspection when red-point violations have occurred.
This policy defines this issue.
Routine Inspection Frequency:
✓ All Limited Menu and Non-Complex establishments shall be on an inspection
schedule of at least one inspection every 12 months.
✓ All Complex establishments shall be on an inspection schedule of at least one
inspection every 6 months.
• ✓ All Temporary Food Establishments shall be inspected at least once during the
permit period.
Re-inspections:
✓ A Food Establishment with red point violations totaling 35 to 103 points (76%to
92% correct) shall be re-inspected within the timeframe specified on the
inspection report and charged a re-inspection fee.
✓ A Food Establishment that fails to correct all of the red point violations noted in
the first re-inspection report shall be re-inspected again as specified on the
inspection report and charged a second re-inspection fee.
✓ A Food Establishment with red point violations totaling 104 points or above(75%
correct or below) shall have the permit to operate suspended by Jefferson County
Public Health. (See WAC 246-215 working document section 8.601.11 for
regulations regarding suspension of permit).
Pre-opening Inspections:
✓ An inspection of a Food Establishment shall occur prior to opening for the first
time or at any time an establishment changes menu, service plan,hours, or
ownership if it is deemed necessary by Jefferson County Public Health.
•
File Copy
•
Jefferson County
Board�of HeaCth
.Agenda
•
.Minutes
September 15, 2005
•
•
JEFFERSON COUNTY BOARD OF HEALTH
Thursday, September 15, 2005
2:30—4:30 PM
Main Conference Room
Jefferson County Public Health
AGENDA
I. Approval of Agenda
II. Approval of Minutes of July 21,2005 Board of Health Meeting
III. Public Comments
IV. Old Business and Informational Items
1. West Nile Virus Detection in E. Washington
2. Correspondence—Jefferson Health Care
3. Correspondence—Department of Health and Human Services
4. Region 2 PHEPR Newsletter—Summer 2005
• 5. American Public Health Association—In Defense of Science
6. "Bracing for the Inevitable"—Global Pandemic Flu Planning
V. New Business
1. Draft Jefferson County Solid Waste Ordinance and Enforcement
Procedures— *Bring your copy sent to you in August*
2. Public Health Service Fee Setting Authority
3. Draft Food Service Inspection Frequency Policy
4. November 8, 2005 Joint Meeting—Jefferson,Kitsap, and Mason County
Boards of Health re: On-site Sewage Systems and Hood Canal Water
Quality
VI. Activity Update
VII. Agenda Planning
VIII. Next Scheduled Meeting: October 20, 2005
2:30 PM-4:30 PM
Jefferson County Public Health
Main Conference Room
•
JEFFERSON COUNTY BOARD OF HEALTH
MINUTES
• Thursday, July 21, 2005
Board Members: Staff Member
Geoffrey Masc, Chairman—Port Townsend City Council Jean Baldwin,Health&Human Services Director
David Sullivan, Vice Chairman—County Commissioner District#2 Julia Danskin,Nursing Services Director
Phil Johnson—County Commissioner District#1 Thomas Locke,MD,Health Officer
Patrick M. Rodgers-County Commissioner District#3 Mike McNickle, Environmental Health Director
Jill Buhler—Hospital Commissioner District#2
Sheila Westerman—Citizen at Large(Ci))
Roberta Frissell—Citizen at Large(County)
Member Sullivan called the meeting to order at 2:35 p.m. in the Jefferson Healthcare auditorium.
All Board and Staff members were present with the exception of Member Rodgers and Julia
Danskin. There was a quorum.
APPROVAL OF AGENDA
There were no changes or additions to the agenda.
Member Buhler moved to approve the Agenda as written. Member Frissell seconded the
motion,which carried by a unanimous vote.
• APPROVAL OF MINUTES
There were no requests for changes or additions to the minutes as distributed.
Member Westerman moved to approve the Minutes from June 16, 2005 as written.
Commissioner Johnson seconded the motion,which carried by a unanimous vote.
PUBLIC COMMENT—None
OLD BUSINESS AND INFORMATIONAL ITEMS
HIV Rule Simplification: Dr. Tom Locke reviewed new rules supported by the WA Department
of Health and adopted by the State Board of Health. New rules are now being implemented. Public
Health agencies are now the default for partner notification, this optional service improve disease
tracking.
June 30, 2005 Congressional Testimony of Mary Selecky, DOH Secretary: Dr. Locke shared
details from Association of State and Territorial health Officials past chair, Mary Selecky and her
statement to the U.S. House of Representatives Government Reform Committee regarding the
possibility of a$130 million cut in Public Health preparedness.
•
HEALTH BOARD MINUTES—July 21, 2005
Page: 2
NEW BUSINESS
Budget Preview: Jean Baldwin gave some highlights of the upcoming year's budget. .
Environmental Health is strong and has adds because of SW components. Community Health is
facing possible staff reductions, one nurse and one half of a clerical position, in 2006. The
reduction in staff is due to funding levels for the Maternity Child Health/Maternity Support Services
program. Previous funding was provided by DSIIS, Weyerhaeuser, City of Port Townsend,
Jefferson County, and the Office of Juvenile Justice. Funding from the Office of Juvenile Justice
ended in 2003-04 and the funding from the city and county ended in 2004. Secretary Dennis
Braddock and Weyerhaeuser are not in the 2006 budget at this time and other revenue from
Department of Social and Health Services (DSHS) is coming in lower due to decreasing
reimbursement rates and new requirements in accounting and service delivery. Options for
acquiring funding for 2006 in hopes of maintaining current staffing and levels of service include
sending another letter to the DSHS Secretary's office, city and county, Family support program
within the courts as in Senate Bill 5763. The management
ed thetDSHStructure Secretary'
programs. Commissioner Sullivan recommends the BOH send a letterto
office expressing concern over loosing these services.
A small add from the County general fund will be requested for vector data.
of in 2006. In order to
proceed with Assessment, $15,000 to 20,000 will be needed to maintain
Risk Communication Training: Informal training High risk/ low trust communication situations
like, bio-terrorism and communicable disease outbreaks. Board of Health may provide talking
points in an emergency. All three Region 11 County Boards of Health and staffs will be invited.
AGENDA PLANNING/ADJOURN •
The meeting was adjourned at 3:00 p.m. The next Board of Health gathering will be a training
August 18 1—4. The joint meeting with Jefferson Healthcare followed the adjournment.
JEFFERSON COUNTY BOARD OF HEALTH
Geoff Masci, Chairman Jill Buhler,Member
• Commissioner Sullivan,Vice Chairman Sheila Westerman, Member
Roberta Frissell, Member Phil Johnson,Member
Excused
Patrick M. Rodgers, Member
•
Board of 9-{ealth
OCdBusiness
.Agenda Item # IT., 1
•
"West Nice 'Virus
Detection in E. 1/VA
September 15, 2005
•
News Release
• For immediate release: September 8th, 2005
Contacts: James Henriksen, Benton County Mosquito Control, (509) 967-2414
Dr. Larry Jecha, Benton-Franklin Health Department, (509) 943-2614 ext. 240
Benton County Mosquito Control detects presence of West Nile virus.
Testing by the Benton County Mosquito Control District has detected West Nile virus in one of
its adult mosquito samples. This is the first positive WNv sample in the state since 2002. The
district uses a variety of testing methods to monitor virus activity in much of Benton County and
parts of Yakima County. The surveillance program is an early warning system for both the
public and the Mosquito Control District.
The district uses sentinel chicken flocks, adult mosquitoes and birds to test for disease. Early
detection benefits people by alerting them to the presence of virus and raising public awareness.
It also benefits the district by providing additional information on where to focus abatement
efforts.
James Henriksen, District Manager of Benton County Mosquito Control said, "Our disease
monitoring program helps us better protect the community. It's an early warning system that
directs us into the areas where known disease carrying mosquitoes are present so we can control
them before they reach epidemic proportions."
• Dr. Larry Jecha of the Benton-Franklin Health Department stated that, "This early detection
means that we have West Nile virus in our eco-system. It is unknown how long it will take to
become well established and see the effects on birds, horses and humans. This is a wake-up call
that it is time to take protective measures seriously and avoid mosquito bites."
Personal Protection Measure
• Eliminate all sources of standing water that can support mosquito breeding, for example
flooded pastures, clogged gutters, birdbaths, watering troughs, old tires and any other
water holding receptacle.
• Avoid mosquito-infested areas at dusk and dawn, when mosquitoes are most active.
• Wear protective clothing such as long pants and long sleeve shirts when you are
outdoors.
• Wear insect repellant, preferably one that contains DEET, Picaridin or oil of lemon
eucalyptus. Always follow label directions. For insect repellant guidance go to the CDC
West Nile virus Web site(http://www.cdc.gov/ncidod/dvbid/westnile/index.htm).
• Make sure that doors and windows have tight-fitting screens. Repair or replace screens
that have tears or holes.
Protection advice can be found at www.bfhd.wa.gov. For more information regarding Benton
County Mosquito Control please visit www.mosquitocontrol.org.
fb
Board of Health
0Cd Business
Agenda Item # IV., 2
• Correspondence
Jefferson 3-lealth Care
September 15, 2005
•
JEFFERSON COUNTY PUBLIC HEALTH
615 Sheridan Street • Port Townsend • Washington • 98368
www.jeffersoncountypublichealth.org
•
August 4, 2005
Vic Dirksen
CEO, Jefferson Health Care
834 Sheridan Ave.
Port Townsend, WA 98368
Dear Vic:
Thank you for hosting the July 21st Joint Board meeting. We are interested in moving
forward with ideas raised at this meeting and identifying new opportunities for Jefferson
Health Care and Jefferson County Public Health to work together.
One area of mutual importance is community health assessment. Our organizations
have successfully partnered on assessment projects in the past. Together we have
built an impressive database of community health information. As we enter into the next
County budget cycle, it is clear to us that this community health database can only be
maintained and appropriately utilized if we broaden the base of public support for it.
We are writing to formally request that Jefferson Health Care contribute $25,000 for
• calendar year 2006 to maintain and expand community health assessment capacity in
Jefferson County. We are asking that the City of Port Townsend do likewise. The
County will continue to contribute staff, equipment, and financial support as well. With
this expanded assessment capacity, we would actively seek data analysis requests
from the sponsoring partners to both improve support for their existing services and to
provide reliable community health information to set future priorities.
Jefferson County has long been regarded in a pioneer in the innovative delivery of rural
health services, both personal and population-based. As a community, we are in a
unique position to develop and implement innovative proposals such as the integrated
approach to improving health and health care discussed at the Joint Board meeting.
Investing in a robust community health assessment capability is an important next step
in this process.
On behalf of the Jefferson County Board of Health, thank you for considering this
request. At Jefferson County Public Health is at a crossroads in terms of community
health assessment capability. One road leads to an expanded, sustainable system
providing mission critical information to a range of community partners. The other road
leads to a progressive dismantling and eventual abandonment of existing capacity.
Standing still is not really an option. With the help of Jefferson Health Care and other
•
DEVELOPMENTAL
COMMUNITY HEALTH PUBLIC HEALTH ENVIRONMENTAL HEALTH
DEVELOPMENTAL DISABILITIES NATURAL RESOURCES
MAIN: 360-385-9400 ALWAYS WORKING FOR A SAFER AND MAIN:360-385-9444
FAX:360-385-9401 HEALTHIER COMMUNITY FAX: 360-385-9401
community partners we think that we can make the right choice at this
crossroads, moving towards a safer and healthier community in the process. •
Sincerely,
Thomas Locke, MD, MPH Jean Baldwin, MSN, FNP
•
•
•
Board of 3-1-
ealth
OCcCBusiness
Agenda Item # �V., 3
•
Correspondence
Dept. of 3-fealth &
Human Services
September 15, 2005
•
JEFFERSON COU TY
BOARD OF HEALTH
i
July 29, 2005
Secretary Robin Arnold-Williams
Department of Social and Health Services
P.O. Box 45010
Olympia, WA 98368
Re: Nurse Family Partnership (NFP)
Dear Secretary Arnold-Williams,
This letter is an appeal for prevention funding. As County Commissioners have
regularly faced budget crises and battles between mandated and essential services, we
recognize that DSHS is also in crisis and the solution could be within reach if early
intervention and prevention programs were in place.
Jefferson County Board of Health six years ago directed Jefferson County Public
Health to begin the Best Practice of Nurse Family Partnership (NFP) with Public Health
nurses and local families. Dennis Braddock provided needed funding for the first six
months of the year to continue this program in 2005. In 2006 the local Public Health
department continues to be squeezed by all DSHS contracts providing family support
• programs. As prevention and early intervention services continue to decrease with
long-term consequences to the local community, this will increase demand for DSHS
services (DASA, MH ds MAA).
Nurse Family Partnership is based on work by Dr. David Olds. It is rated in the July
6, 2004 Washington State Institute for Public Policy as a sound investment of public
prevention money. NFP provides home visits by registered nurses to first-time
mothers, beginning in early pregnancy and continuing until the child's 2nd birthday.
National research highlights the following outcomes related to the NFP model. Low-
income, first time mothers and their children who receive NFP had:
79% fewer verified reports of child abuse or neglect
31% fewer subsequent births
30 months less receipt of Aid to Families with Dependent Children
(TANF in Washington State)
44% fewer maternal behavioral problems due to alcohol and drug abuse
69% fewer maternal arrests
60% fewer instances of running away on the part of 15-year-old children
56% fewer arrests on the part of 15-year-old children
56% fewer days of alcohol consumption on the part of i5-year-old children
•
615 Sheridan • Castle Hill Center•Port Townsend • WA
(360) 385-9400 -
•
NFP has a positive impact on children and their families. These aforementioned
outcomes offer strength and hope to local families. As of 2004 local CPS referrals for
young children have decreased up to 50% since NFP services were started in the
community in 1999. Additionally, none of the families served through NFP have been
referred to CPS or seen in the ER. By decreasing MSS rates and not providing any
other funding stream, Best Practices will disappear from the communities who have
tried to focus on the issues.
We ask you to join in the funding of NFP to maintain services at a level that addresses
the needs of our population. We need an additional $50,000 a year in our 2006
revenue to maintain trained Public Health Nurse staffing to provide Nurse Family
Partnership services to at-risk population in this rural community. This staff sees 25
families a year from six months prenatal,to the child's 2nd birthday. This investment
would in turn save thousands of dollars in welfare utilization, law and justice, child
abuse and neglect, hospitalization/ER, mental health and alcohol/drug treatment
costs.
First time mothers in the midst of pregnancy are in a teachable moment in their life
stage of development. NFP serves as a catalyst for positive change in generational
problems.
Thank you for your consideration of our request. Please contact us at your earliest .
convenience to further discuss this important issue.
Sincerely
/ /
David Sullivan
Vice Chairman, Jefferson County Board of Health
Jefferson County Commissioner District #2
Jefferson County Board of Health •
615 Sheridan • Castle Hill Center • Port Townsend • WA
,0F'STA�po
OZ'S
.;„_trz
1889 N�yn
STATE OF WASHINGTON
• DEPARTMENT OF SOCIAL AND HEALTH
P.O.Box 45010,Olympia,Washington 50SERVICES
August 10, 2005 _
iID I 1.1„ fi't1 +)• if \ /i !f";i'l
David Sullivan, Vice Chairman i ��.
Jefferson County Board of Healthi 2
Jefferson County Commissioner District#2
615 Sheridan, Castle Hill Center JEFFERSON COUN
Port Townsend, Washington 98368 `'l1PD OF COMMISSIONERS
Dear Mr. Sullivan:
I have received your letter dated July 29, 2005 requesting additional funding for the Nurse
Family Partnership (NFP) that has been operating in your county for several years. I applaud
your efforts to provide the NFP for Jefferson County.
When the Nurse Family Partnership was introduced into Washington State several years ago, the
Medical Assistance Administration allowed the NFP agency providers to use First Steps
reimbursements for the provision of NFP services. First Steps' scope of service is not as large
as
NFP's. Therefore, the total cost of the program cannot be reimbursed through First Steps. The
• Jefferson County Health Department was reimbursed $94,411 for First
the one
period, October 2003 through September 2004 (for all clients receiving Fist Stepservices). ear
This has helped pay for some of the NFP services.
During these difficult budget times, we are all keenly aware of the many needs and shrinking
dollars. DSHS will, of course, continue to support your program by reimbursing NFP for all
First Step covered services. Unfortunately, DSHS does not at this time have any additional
funds to give you for services beyond those covered within First Steps. I share your concern
about the negative impact of scarce resources on prevention efforts across all program areas and
hope that additional resources may be available in the future.
Thank you for your continuing support of the families of Washington State.
Sincerely,
Aktdeittiziad-
Robin Arnold-Williams
Secretary
cc: Blake Chard
•
•
Board-of 3-{eaCth
OCdBusiness
Agenda Item # TV., 4
•
Region 2 THEPR
Netivsletter
September 15, 2005
•
Summer 2005 •
R^ SFr•"^ .
TY Region2
• ril,04-Ittf•--______„<4.
fothe Peninsulas
itiGat/crs naafi /V Handwashing continues to be a sensible strategy
against the spread of infectious diseases. The Centers for Disease Control (CDC) says,
"Improved adherence to hand hygiene has been shown to terminate outbreaks in health care facilities,to
reduce transmission of antimicrobial resistant organisms and reduce overall infection rates."
The Basics—gesp%rcaior-s Etiquette About Gloves
'Cover your coughs and sneezes with a tissue and The CDC cautions that"the use of gloves does not
discard. eliminate the need for hand hygiene. Likewise, the
•If tissue is not available,cough into the use of hand hygiene does
m5 bend of your arm. not eliminate the need for ;
;: gloves. The CDC reports,
t 'Wash hands with n "Gloves
I. soap and water after reduce handy
0� :„..ii‘'‘'" contamination by 70 to 80 / '11
sneezing or coughing,or „ "<
use hand sanitizer. ___ percent,prevent cross -
contamination and Oma V,
'Stay home when you're sick. Cr ;i,..r protect patients and health care personnel from
•Keep a container of hand sanitizer by infection." For more resources check this CDC
• your check-in desk and encourage patients to use it website www.cdc.gov/handhygiene/
before they sign in.
Posters coming soon!
Flu season? Not yet but
Public Health will be delivering the eye-catching 81/2 "
Have you implemented an education plan for by 11"poster below to your office in late summer or
staff regarding flu vaccination and early fall. They'll be available in Spanish too!
respiratory etiquette? Can we help?
Have you ordered flu vaccine? Is it Stop Germs, Stay Healthy!
y
Do you have a plan for who gets vaccine and ;I t7
when they get it? x .
yrte ^
, �r,w�a: a A�'' /
V Do you have a plan for when and if vaccine • ( lir r . , ( ?i t,' �.� i;/#
doesn't come or you have larger than *** - .',1 ►• "
expected interest/response? , 9- —"Cover your cough and sneezes.- '"
Wash your hands often Use/ If you're •
i
Do you have an nfluenza vaccination policy n (for 20 seconds) alcohol asked 1
for your staff? The CDC recommends: All a based J to,wear
hand a mask. If
f x
healthcare personnel should get flu shots so (rP cleaner. i"
they do not get influenza and pass the virus 1 — �sw =rR _� "� ;
I _ ------�_s
to those at high risk for influenza-related11(
complications, such as person over 50 years ��/ Oil you are
E
if you are sick.
of age and those of any age with chronic w
Wahngton's2
medical conditions. Region Public Healthwww.ieffersoncountypublichealth.org =
Clallam,Jefferson&Map Counties (360)385-9400 aeon:
•
The Region 2 Public Health Emergency&Preparedness Program(PHEPR)endeavors,through this newsletter,to keep you,our health care providers in Clallam,
Jefferson,and Kitsap Counties,informed about Public Health issues that affect you and the patients you serve.If you have questions,comments or need more
information about items in this newsletter,please contact the editor,Ruth Westergaard,by phone at(360)337-5752,email wester@health.co.kitsap.wa.us or
at 345 Sixth Street,Suite 300,Bremerton,WA 98337.
Summer 2005—Page 2 West I1i1e Update
No human cases of West —
Public Health 24/7—We hear you! Notifiable Conditions Nile Virus have
Region 2 Duty Officers continue to be 1gepert originated in Washington
on call 24/7. The calls they received last state as of 8/10 /05. •
quarter—April,May,June—involved: During the recent pertussis West Nile virus is an
activity in Region 2,Public arbovirus and is a ` r"
pertussis,meningococcus; animal bites; IPID
Health staff report excellent notifiable condition. 1*
liquid mercury disposal;sewage spills;
communication between Public ft=.f/1
and tetanus information. Health and providers. The result is that patient symptoms ' i
have been recognized,patients have been gettingthe tests �� "-'/Jc`
Public Health at Your Fingertips g �
Clailam County Health&Human Services and treatment they need and Public Health has been able ��1
www.clallam.net/Healthservices to track the disease and work on containment.
(360) 417-2274
Jefferson County Public Health
www.jeffersoncountypublichealth.org Vet Binders Coming Soon!
(360) 385-9400 Public Health will be visiting veterinarians soon with binders
Kitsap County Health District similar to those already given to health care providers.
www.kitsapcountyhealth.com
(360)337 5235Kitsap Cases Jefferson Cases Clallam Cases Region
Reported Cases of Total
April—June April—June April—June April—June April—June April—June April—June
Selected Diseases in Region 2 2005 2004 2005 2004 2005 2004 2005 2004
Campylobacteriosis 9 4 0 1 3 0 12 5
Cryptosporidiosis 1 0 0 0 2 0 3 0
Chlamydia 166 203 14 15 13 20 193 238
E. co/i0157:H7 1 0 0 0 0 0 1 0
Giardiasis 3 1 0 1 3 0 6 2
Gonorrhea 14 15 0 0 3 2 17 17
Hepatitis A 1 2 0 0 0 0 1 2
Hepatitis C 101 66 2 1 6 10 109 777
Herpes 26 15 1 2 5 3 32
HIV&AIDS(onlvAD=Sc rntvieviaslv1Ewo i1asH[V) 2 4 0 0 0 0 2
Malaria 11 0 0 0 0 0 1 0
Meninaococcal Disease 1 1 0 0 1 0 2 1
Pertussis 11 0 0 0 0 0 11 0
Salmonellosis 7 5 0 1 1 2 8 8
Shigellosis 11 0 0 0 0 0 1 0
Syphilis 3 4 0 0 0 0 3 4
Tuberculosis 2 2 0 I 0 0 1 2 3
In the second quarter of 2005 and of 2004 there were no reports of the following notifiable conditions:
cyclosporiasis;enterohemorrhagic E. coli(non-0157);mumps;rubella.
Region 2 Public Health
Kitsap County Health District
345 Sixth Street,Suite 300
Bremerton,WA 98337
`1 Use
.-`.--"-- alcohol j
Recipe for hand sanitizer gel T nand
Ingredients: �' °$cleaner.'
1 C.Aloe vera gel I HQµp--
1-2 tsp.rubbing alcohol :InZER
2 tsp.veg. glycerine i
10-15 drops essential oil
Place aloe vera gel in a glass bowl or bottle.Add
alcohol and glycerine. Stir until well mixed.Add •
essential oils(such as tea tree oil). Shake or stir to
mix. Store in a colored glass plain or pump bottle.
Source: http://healthyherbs.about.com/cs/recipies/
ht/handsanitizer.htm
Board of Health
Olcl Business
Agenda Item # �V., 5
• American Public 3-feaCth
.association
In Defense of Science
September 15, 2005
•
American Public Health Asssociation Resolution 2004-11. Adopted November 2004. •
�� arena Am 2001;154S18 S26. original '1
Defense of Science genal research articles on environmental to-
10. auger R.Ashes to Ashes:America's Hun- bacco smoke.Tobacco Control 1997;6:19-26.
dred-Year Cigarette War,the Public Health,and the 28. Barnes D,Bero L.Why review articles on
Acknowledging that science,by its ing that any epidemiologic study that Unabashed Triumph of Philzp Morris.New York: the health effects of passive smoking reach dif-
Random House;1996. ferentconclusions.JAMA 1998;279:1566-1570.
•nature,relies on continuous inquiry,
is relied on to support causation 11. Markowitz G,Rosner D.Deceit and De- 29. Needleman HL.The removal of lead
with scientists regularly seeking morere demonstrate a two-fold increase in risk nisi:The Deadly Politics of Industrial Pollu-
precise and fuller understanding of as well as a reliance on significance Y Universi of California Press: ons.En ron Res 2000;84:20-35.from gasoline:historical and nal reflec-
tion.Berkele h
their disciplines;1,2 and 2002.
testing to determine which scientific
Acknowledging that within science, findings are to be allowed as evi- Ong EK,Glantz SA.e ,andtruc is elation 1'
12. Brodeur P.Outrageous Misconduct: a The s,science":AtJtobacco,
blic Health
2 and 1:174relation '
absolute proof and perfect informs- dence;40-44- Boos; 198 Industry on Trial.New York:Pantheon firms.AmJPublicHealth 2001;91:1749-1757.
Books; 1985. III
tion are rare;3-5 and Recognizingthat special interests are 13. Egilman 31. Kempton S,Stauber J.Trust us,we're /
gilman D,Fehnel C,Bohme SR
Recognizing that special interests engaged in a ingthe °S New York:pen
Pcampaign to extend "myth of ABC,"anything Penguin Putnam Inc;2001.
e by cminin le": 32.American Public Health Association Policy
have exploited the nature of science, Daubed's reach to those states thathave a dustrtique of the Canadian asbestos mining in- n
specifically scientific uncertainty,to not embraced prescriptive definitions AmJlnd Med 2003;44:540-557.and McGill University �theth� Statement 2003-6.Et>suting the Scientific Csed-
tb>lity of Government Public Health Advisory Com- 3
delay protective legal and/or regula- of scientific reliabili45-46 DC.APA current cumulative.Washington,
14 Michaels D.When science isn't enough: DC.APHA current volume.
tory action;6-14 and Therefore,APHA: Wilhelm Hueper,Robert A.M.Case and the
Acknowledging that some public 1. Opposes legislation or adulinis- limits of scientific evidence in preventing oc- 33'�er'•ca'i Public Health Association Letter
cupational bladder cancer.Intl Occup EnvironfromGeorgesBenjamin to the Office of Man-
health decisions must be made in the trative policies that attempt to define Health 1995;1:278-288, agement and Budget. December 11, 2003.
absence of perfect scientific informs- the characteristics of valid public 15. Svoboda T, Henry •//`0 3'q/'i61Ouse.gOv/emb/;n-
lion 15-20 my;B,`Shulman L, foreg/2003iq/86.pdf
and health science,or dictate prescriptive' Kennedy E,Rea E.Ng W,et at Public health
Recognizing that special interests, scientific methodologies;and measures to control the spread of the severe 34. Daubert v.Merrell Dow Pharm¢ceutwals
under the guise of a call for"sound sci-
entific
8upports,the-affairs of others°% acute respiratory syndrome during the out- In`'113 S.Ct 2786(1993).
ense"have sponsored and promoted' organizations to promote{he 350(2break in, Toronto. N Ertgt J Med 2004; 35• General Electric Co:ro.Joiner 1997;522
y entific 350(23):2352-61. US,136.
cllarlgesin pu licpolu,that have weak government's ability to lrtili7e;the best 16. Update:;Investigation'of.Bioterrorism- 36. Kumho Tire Co.v.
Carmichael,1999;526
°Weil and continue o threaten public available science to protect the public's "Related
-Anthrax and Interim.Guidelines for Us.137.
Ex osure''Mana'Management and Antimicrobial ,
health protections;7-25 and health;and p g 37. United States Chamber aloCommerce. i'
Therapy,October 2001,MMWR,Oct 26,. Scientific information in'federal rulemaking.
Recognizing that'special interests 3.`Urges friend of the court briefs' 2001;50(42);909;919.
that address theproblem inherent in 17 Occupational Safety and Health Admin- ernme t/issues/reregttlatory/scierttifi Available at: cchhn,(Ac-
have challenged highly regarded pub P
Ali vealt111 challenged
and researchers,26_ the adoption- Daubert and Daubert motion.Health standard on carcinogens.39 ceased November 12,2003),
Mr and inappropriately characterized like court rulings,-the application of Federal Register.3756;January 29,1974. 38.`The Mercatus Center and'the'George
established scientific methods as"junk Daubert in regulatory proceedings,and 18. 0ccupa tonal afety and,Health Admin- 'Marshall Institute,Letter to OMB,December
science;"30,31 -.when eS ,istration.:Health standard on-vinyl chloride. 15,:2003. .�.:'�
and J dg misinterpretscientlfic ev- .39 Federral11egister.35890;October 4,1974. 39. National Funeral Directors Association,
Recognizing that the Executive idence in their implementation of the 19. United. Nations Framework Convention
Letter to OMB,October 28,2003:
Branch,beginning in 2001,has char Daubert rtiling, on Climate Change,-1992.
40. Greenland S.Robins JM.Epidemiology,
ledged core public health and Scientific 20. Pollution Prevention Act of 1990.42 Justice,and the probability of causation.Jun-
,principles by manipulating the cornReferences v.s.c. 131oi ane 13102. > 2000;40:321-340.
position of scientific advisory com- 1. Popper KR The Logic of Scientific Discov 21. Bero L,Barnes DE,Hanauer P,Slade J, 41. Greenland S.Relation of probability of
mittees32,33 ery.1934. Glantz S.Lawyer control of the tobacco'in-
'
n causation to relative risk and doubling dose:
and dictating rigid illi- ` dustry's external research program.JAMA gic error that has become a so-
2. Kuhn TS.The Structure of Scientific Rev- a methodolo
realistic peer review guidelines;and olutions.Chicago:The University of Chicago 1995;274:248-253. cial problem. Am J Public Health 1999;
22. US.House of Representatives."Western
Recognizing that special interests Press,1962. 89:1166-9.
are attempting to impede public health caucus leaders call for credibility and sound 42. Kassierer JP,Cecil JS.Inconsistency in
3. Hill B.The environment and disease:as- science over political activism in federal igen- art standards for medical testimony:
and environmental protections by pro-
s1965;58:2
ro so 65;5 n or causation. Proc R Soc Med 1387. ti
moting the application of the 1993: 1965;58:295-300.
des"(news release)Match 6,2002. disorder in the courts.JAMA 2002;288:1382-
23. Mooney C.Beware`Sound Science'It's 1387.
4. Hempel CG.Philosophy of Natural Sci- Doublespeak for Trouble.Washington Post Feb
Supreme Court decision, Daubert A arae.1966. 43. Merrell MarilynrmaceaNcals Inc.v.Ernest
Merrell Dow Pharmaceuticals,JnC.,34 ruary 29,2004.B02. Hamer and arlyn Havner,Supreme Court
5. Bridgman PW."On Scientific Method"fn
which directs federal judges to serve Reflections of a Physicist.1955. 24. Section 515 of the Treasury and General of Texas, 1997;No.95-1036,953 S.W.2d
Government Appropriations Act for Fiscal Year
706.
as"gatekeepers"for expert testimony, 6. European Environment Agency.Late les- 2001.Public Law 106-554. 44. Project on Scientific Knowledge and Pub
including scientific evidence,and two sons from early warning:the precautionary 25 Guidelines for Ensuring and Maximizing Co Policy ing you'the vert influential of Availableable
related Supreme Court rulings35-36 pruiciple 1896-2000.Environment Issue Re- g Curt Wiling you've never heard of.
portNo.21289260-200100.
2 2001. the Quality,Objectivity,Utility and Integrity at www.defendingscience.org.
to federal regulatory procedures;37 of lnfonnat on Disseminated by Federal Agen- rusty 4,2004). r8(Accessed:Feb-
3g and 7 Samet JM,Burke TA.Turning science cies.67 Federal Register.8452;February 22,
into junk:the tobacco industry and passive 2002. 45. Howerton v.Helmet Ltd review581 S.E.2d 816,
Recognizing that the Daubert de- smoking.Am J Public Health 2001;91:1742- (N.C.A
1744. 26. Muggli Al,Forster J,Hurt R,Re ace App.June 17,Helmet, allowed
vision has propagated nusinterpreta- e p J. by Howerton v Arai Ltd,585 S.E.2d
8. Rosenstod L,Lee U.Attacks on science industry scientific strategiesmoke you don't see:s aimed against en-
.
covering n 757(N.C.Aug 21,2003).
and misapplications of scientific the risk to evidence-based policy.Am JPublic vironmental tobacco smoke policies.AmJPub- GeorgiaGeneral As-
the relied upon throughout the Health zooewde 4 Ig 46. House Bill 1420.
public health sciences,such insist- 9. Goldman L.Epidemiology IcHealth 2001;91:1419-1423. Available
vailasembl . Introduced February 9, 2004. -
EP gyintheregulatory 27 Barnes D,Bero L.Scientific quality of storyt40t2092C68DA 024A.html
bercom/
S:
•
Board of 3-Cealth
Old-Business
Agenda Item # IV., 6
• "Bracing for the Inevitable "
çlobalTandemic Flu
Planning
September 15, 2005
•
(R111411'11'1141'1orear lin14llI,
T.
Bracing for the Inevitable
Ex its say we lack a strategy and the means to fight a global f lu pandemic
By Darown world's efforts to a.,.. , - nn: .:
Washington Poet staff Writer prepare for r s 1 ,r ,
Testsharea underwaynat three
pandemic flu. "When he .< 0. a � ,�' ''
appears,people will see he's > „ a 1 ' U.S.hospitals on an experimen-
ublic health officials preparing naked,.p
1c. tel vaccine against H5N1.But it
to battle what they view as an Other scientists are sounding ,a5. " is not the first H5N1 vaccine.
inevitable influenza pandemic the��ayµ� 4, When a slightly different
say the world lacks the medical The most outspoken is '` �; .strain of the virus surfaced in
weapons to fight the disease Michael T. Osterholm,director , ` Hong Kong in 1997, killing
effectively,and will not have them anytime a"� ` thousands of chickens and a
soon. of the Center for Infecttous d half-dozen people,researchers
Public health ape• Disease Research and Policy at u. r, 4 4 p p
vac-
cialistsuband manufac-hapthe University of Minnesota.In ',011°, used viruses from birds and -
turers are workingPUBLIC HEALTH writing and in speeches, �° ; a pie to make experimental Osterholm reminds his audience ,0; cines.But neither offered much
frantically to develop r. protection in lab tests, and
vaccines, that after public calamities,the r
drugs,strategies for quarantining United States usually convenes , tI ; .' nobody knows why.
and treating the ill,and plans for interna- blue-ribbon commissions to t'
tonal cooperation,but these efforts will take 4)074.,
pass judgment.There will be r
years. Meanwhile, the most dangerous one after a flu pandemic, he ""fi INSTEAD OF WORKING ON
strain of influenza to appear in decades—the °,1.0 a the problem, researchers
believes."Right now,the conclu- k k
H5N1 "bird flu"in Asia—is showing up in4 + "' dropped it.First SARS (severe
new populations of birds, and occasionallysions of that commission would acute respiratory syndrome),
be harsh and sad,"he says. �u
d P rY Y ),
people,almost by the month,global health4.: 5 ,, and then a different avian flu
In hopes of slowing a pan- sl; ',� ; :9j
officials say. strain that arose in Europe
demic's spread, public health 4,_
If the virus were to start spreading in the specialists have een debating ' '` (H7N7),took their attention-
next year,the world would have only a rela- ? "The urgency around this
five handful of doses of an experimental vac- proposals for unprecedented issue kind of dissipated,"says
cine to defend against a disease that,historycountermeasures.These could ,:A John Treanor,a physician at the
include vaccinating only chil- , 1 !�„ a University of Rochester and one
shows, could potentially kill millions.If the dren,who are statistically most ' , e , '
pro-
vaccine proved effective and every flu vac- likely to spread the contagion; d ws ,,,. �. ' ject.of the leaders think of the its an exams f
cine factory in the world started making it, mandatory closing of schools or + BY RIZ OVAL—ASSOCIATED PRESS ow unpredictablet things fare.
the first doses would not be ready for four office buildings; and imposing An Indonesian fanner prepares to burn dead chickens suspected of We got distracted."
mo t o Bythee confinthe e pathogen would probe- "snow day" quarantines on having bird flu.The virus has been reported in about 100 people in The urgency is back.
Theoretically,nevery antiviral nt, drugs could slow infected families—prohibiting Asia since 2003. As the first, small hedge
an outbreak and buy time.The problem is them from leaving their homes. against disaster,the government
one licensedOther measures would go well beyond the Pandemics are caused by strains of virus last fall ordered 2 million doses of H5N1 vac-
onlyto w drug,oseltamivir,appears conventional boundaries of public health: that are highly contagious and to which
ther e of the coon-
ainst enoughistockpiledd .At the
for moment,widedown cttiinRS1international travel, shutting pie have no immunity.Such strains are rare, try's three fluvacofi cinemarakeerns,,even though
spree Nor is there a Tari to deploy the systems or nationalizing sup- They arise from the chance scrambling and nobody yet knows whether it works.
P P y plies of critical medical equipment,such as recombination of an animal flu virus and a A half-dozen other countries are also
small amount that exists in ways that would surgical masks, human one,resulting in a strain whose mole- working on pandemic vaccines.But making
have the best chance of slowing the disease. Last Tuesday, HHS Secretary Mike cular identity is wholly new, enough
The public,conditioned to believe in the Leavitt said in the event of a flu pandemic In the 20th century, to fight an outbreakuis shotsa tall order.
power of modern medicine,has heard little pandemics occurred About 300a million flu vaccine are made
of how poorlyor a bioterrorism attack,help could arrive in 1918,1957 and 1968.Although the 19th- worldwide each year.The protects
prepared the world is to con- via door-to-door mail delivery or from the century record is less certain,there appear against three flu strains.If the global produc-
front a flu pandemic,which is an epidemic fire station down the street. to have been four flu pandemics--in 1833, tion capacity were directed to make only
that strikes several continents simultaneous- P P y
ly and infects a substantial portion of the 1836,1847 and 1889.On a purely statistical H5N1 vaccine,the output could be 900 mil-
population, OSTERHOLM ARGUES THAT SUCH suggests the nearly 40 years since
ce the last one lion shots.
Since the current wave of avian flu begansu sets theobe may be ripe. Unfortunately,lewill virologistsdo are almostsabout a
sweeping through poultry measures would fall far short.He predicts The microbe called influenza A/H5N1 fain people need two doses a
P g g in Southeast Asia that a pandemic would cause widespread appeared in East Asia in 1996 and has flared month apart to mount a successful immune
more than 18 months ago,international and shutdowns of factories,transportation and periodically since. It is highly contagious response against a wholly new strain such as
U.S.health authorities have been warning of essential industries.To prepare, he says, and lethal in chickens,but it can be carried H5N1.That would cut the theoretical num-
the danger and trying to mobilize.Research authorities should identify and stockpile a without symptoms in some ducks—a combi- ber of recipients worldwide to 450 million.If
on vaccines has accelerated,efforts to build list of perhaps 100 crucial products and nation that helps keep it in circulation, each shot requires a larger-than-usual
up drug supplies are underway,and discus- resources that are essential to keep society Birds occasionally infect humans,and sci- amount of vaccine to work,the number will
sions take place regularly on developing a functioning until the pandemic recedes and entists recently found evidence that the be even smaller.
coordinated global response. the survivors go back to work virus is sometimes
The U.S. Department of Health and Since late 2003, 109passed person to person. Can the world producenearly
moreflu flu shots?
Human Services will spend$419 million in have been infected with the emerging Thatrare,form of transmissionv virus
olisevolvevo difficulthNotaeabyy,rowing ne virus ll n fent vaccine isd
fie and becomes but the virus could so that it made by growing the in a tay
pandemic planning this year.The National virus in Asia.About half-55—have died. easy and common. chicken eggs,special factories and a steady
Institutes of Health's influenza research bud- Ironically,for the current H5N1 strain of If H5N1 never becomes easily transmissi- supply of eggs are required.Consequently,a
get has quintupled in the past five years. avian flu to gain"pandemic potential,"it will ble in human beings,it will never become a key element of pandemic planning is getting
"The secretary or the chief of staff—we have to become less deadly.Declining lethal- pandemic. If it does become transmissible, more people to get yearly flu shots,whic
have a discussion about flu almost every ity is a key sign that the microbe is adapting the consequences are difficult to imagine, will give companies a larger market and an
day," says Bruce Gellin, head of HHS's to human hosts.That is one reason the 34 But history provides some dues, incentive to
National Vaccine Programexpand their plants.
Office. percent mortality observed in the most The"Spanish flu"in 1918 and 1919 was Around the world,flu vaccine production
The world's lack of readiness to meet the recent outbreak—a cluster of cases in north- the biggest and,along with AIDS,the most has risen by just one-third in the past decade.
threat is huge,experts say. ern Vietnam—has scientists worried, important infectious disease outbreak of the New plants in Brazil,South Korea and the
"The only reason nobody's concerned the Pandemic influenza is not an unusually 20th century,It is on the short list of great Netherlands will boost global production by
emperor has no clothes is that he hasn't bad version of the flu that appears each win- disasters in human history.At least 50 mil- an additional 25 percent in the near future.
shown up yet,"Harvey V.Fineberg,presi- ter.Those outbreaks are caused by flu virus- lion people,and possibly as many as 100 mil- In theory,even a modest amount of vac-
dent of the National Academy of Sciences' es that have been circulating for decades and lion,died when the world's population was cine might be useful. Fighting disease out-
Institute of Medicine,said recently of the change slightly year to year. 1.9 billion people,one-third its current size. breaks is like fighting fires.You do not have
•
•
Board of Health
NetivBusiness
.Agenda Item # 17.1 2
•
Public .3-{ealth Service
Tee Setting .authority
September 15, 2005
•
¢SON CO
`' JEFFERSON COUNTY PUBLIC HEALTH
615 Sheridan Street • Port Townsend •Washington • 98368
SxllT U1
www.jeffersoncountypublichealth.org
•
September 8, 2005
To: Jefferson County Board of Health
From: Tom Locke, MD, MPH, Jefferson County Health Officer
Re: Public Health Fee Setting Authority
Public health fees in Jefferson County have been historically set by Board of County
Commissioners' resolution. County Commissioners have a general authority to set fees
for certain government services that derives from RCW 36.32.120.
RCW 36.32.120(3) License and fix the rates of ferriage; grant grocery
and other licenses authorized by law to be by them granted at fees set by
the legislative authorities which shall not exceed the costs of
administration and operation of such licensed activities;
Local Boards of Health have a specific authority to establish fee schedules for licenses
• and permits as well as other services that are authorized by statute or the rules of the
State Board of Health.
RCW 70.05.060 (7) Establish fee schedules for issuing or renewing
licenses or permits or for such other services as are authorized by the law
and the rules of the state board of health: PROVIDED, That such fees for
services shall not exceed the actual cost of providing any such services.
Statutory authority of local boards of health to provide public health services is
very broad ("all matters pertaining to the preservation of the life and health of the
people within its jurisdiction" are subject to Board of Health authority). In
addition, State Board of Health rules dealing with communicable disease control,
food safety, on-site sewage permitting, drinking water safety, and other issues
offer very specific standards and requirements for local public health services.
For these reasons, local boards of health generally set fees for public health and
environmental health services.
Fees are regarded as an important funding source for local public health services in
Washington state. They are the main reason that state board of health rules are not
considered "unfunded mandates". They are funded mandates with that funding coming
from fees (and, at times, state and federal sources).
• COMMUNITY HEALTH PUBLIC HEALTH ENVIRONMENTAL HEALTH
DEVELOPMENTAL DISABILITIESI NATURAL RESOURCES
MAIN:360-385-9400 ALWAYS WORKING FORA SAFER AND MAIN:360-385-9444
FAX:360-385-9401 HEALTHIER COMMUNITY FAX:360-385-9401
Recommendation:
•
I recommend that the Jefferson County Board of Health take on the responsibility
for setting fees for public and environmental health services. The Board can do
this either by adopting specific fees for specific services or by adopting criteria to
determine what those fees should be (e.g. an adult vaccination fee would be the
cost of the vaccine plus a specific administration fee). Should the Board of
Health decide to exercise its statutory authority to set fees and adopted an
updated fee schedule, I would recommend that the Board of County
Commissioners repeal its fee schedule as relates to public health services.
1111
•
•
Board of Health
NetivBusiness
.agenda Item # 1�, 3
•
Draft Food-Service Inspection
Frequency Policy
September 15, 2005
•
• JEFFERSON COUNTY PUBLIC HEALTH
ENVIRONMENTAL HEALTH
REVISED (DRAFT) POLICY STATEMENT NUMBER XXX-05
Program: Food Safety
Subject: Inspection Frequency
Purpose: -WAC 246-215 (Working document section 8-401.10 (B)(2) allows local
health jurisdictions to assign inspection frequency based on risk.
-WAC 246-215 (Working document section 8-405.20) does not address
specific criteria for re-inspection when red-point violations have occurred.
This policy defines this issue.
Routine Inspection Frequency:
V All Limited Menu and Non-Complex establishments shall be on an inspection
schedule of at least one inspection every 12 months.
✓ All Complex establishments shall be on an inspection schedule of at least one
inspection every 6 months.
• ✓ All Temporary Food Establishments shall be inspected at least once duringthe
permit period.
Re-inspections:
V A Food Establishment with violations totaling 35 to 104 points (76% to 92%
correct) shall be re-inspected within the timeframe specified for correction on the
inspection report and charged a re-inspection fee.
✓ A Food Establishment that fails to correct all of the violations noted in the first re-
inspection report shall be re-inspected again as specified on the inspection report
and charged a second re-inspection fee. Failure to correct violations at this time
shall be grounds for possible suspension of permit.
V A Food Establishment with violations totaling 105 points or above (75% correct
or below) shall have the permit to operate suspended by Jefferson County Public
Health. (See WAC 246-215 working document section 8.601.11 for regulations
regarding suspension of permit).
Pre-opening Inspections:
✓ An inspection of a Food Establishment shall occur prior to opening for the first
1111 time or at any time an establishment changes menu, service plan, hours, or
ownership if it is deemed necessary by Jefferson County Public Health.
•
Board of Health
„Media Report
•
September 15, 2005
•
r
Jefferson County Health and Human Services
JULY — AUGUST 2005
NEWS ARTICLES
1. "Port Townsend: Survey seeks adult input on teens,Peninsula Daily News,July 8, 2005
2. "Commissioners set 2006 budget priorities",PDN, July 8,2005
3. "Jefferson, Clallam parents nix shots",PDN, July 20, 2005
4. "Jefferson County Public Health adopts new name",PT Leader,July 20,2005
5. "Time is now to vaccinate for school year",PDN,July 21, 2005
6. "Hargrove touts health bill",PDN,July 2005
7. "World Breastfeeding Week: Come join our parade,August 3",PDN,August 1,2005
8. "Restaurants,businesses facing November vote on indoor smoking",PT Leader,August 3,2005
. 9. "Jefferson food cop is on the beat",PDN,August 9,2005
10. "Gun flap goes to attorneys",PDN,August 17,2005
11. "Back-To-School Information",PDN,August 17,2005
12. "An open invitation from Big Brothers Big Sisters",PT Leader,August 17,2005
13. "Public hearing slated on vaccine fee hikes", PDN,August 17, 2005
14. "More control over Medicaid sought",PDN, August 19, 2005
15. "Firing range spat headed for court", PDN,August 23, 2005
16. "Jefferson County offices on the move",PDN,August 28,2005
17. "Emergency preparedness", September 7, 2005
S
ffr 1"1
Port Townsend: Survey
seeks adult input on teens
Jefferson County Public Healthhas
launched a survey to query adults about
drinking, drug use and violence among
teenagers in Jefferson County.
The "Community Readiness Survey,"
conducted by the Minnesota Institute of
Public Health, aims-to tap attitudes about
how teens should behave versus what they
are actually doing.
The results of the survey, sent to ran-
domly selected Jefferson County residents,
will be published in mid-July.
Any questions about the survey may be
directed to Jean Baldwin, director of Jef-
ferson county Public Health,at 360-385-
9400.
411111 I'D ki
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• A6 WEDNESDAY,JULY 20,2005—(J) Peninsula
e ersonC
parents nix shots
High percentage in counties What your child
participate in exemptions needs for school
By the time a child enters
BY RAUL VASQUEZ from a doctor addressing med- kindergarten,he or she should
PENINSULA DAILY NEWS ical reasons for avoiding one have a regimen of vaccinations
or all of the required vaccine to prevent a variety of childhood
PORT ANGELES — Com doses. diseases.
pared to the state average,
Clallam and Jefferson counties Most people vaccinate Unless granted a
have higher percentages of signed exemption by a
parents who opt out of having However, most parents, parent or doctor,these
their children vaccinated, said relying on recommendations are the state
Lisa McKenzie, communicable from state and federal health requirements:
disease program coordinator officials, do vaccinate their • Four shots of the
• for Jefferson County Public children, combined diphtheria,
Health. The doses start early in life. tetanus and
For the 2003-04 school year, After birth, most children °, pertussis vaccine
for example, 4.3 percent — receive the first of three. F with the last dose on
345 out of 7,974 students—in hepatitis B vaccine shots they or after the fourth
Clallam County went without must have before entering1 . birthday.
some or all of their required kindergarten, according to the • Three shots of
immunizations. state's Department of Health. poliovirus vaccine
•
And Jefferson County had This vaccine is designed to ? " with last dose on or
the second highest exemption protect against hepatitis B, a v- , after the fourth
rate in the state,with 11.3 per- viral infection usually con- ;.i*g birthday.
cent of students — 375 out of tracted through blood or sex- 9
3,331 — not having the mini- ual contact. `' '-t •Two shots of the
mum dose requirements At 2 months of age,children '5 measles vaccine and
thanks mostly to parental also receive the first doses of one shot each of the
waivers, McKenzie said. the poliovirus, as well as the " mumps and rubella
diphtheria, tetanus and per- , i vaccines.
Statewide numbers tussis vaccine. •Three shots of the
Statewide, 3.9 percent of hepatitis B vaccine.
parents chose the exemption Three doses
option. The state requires that chil-
Parents in Washington dren have three doses of the KEITH THORPE/PENINSULA DAILY NEW
state may skip one or all of the poliovirus vaccine — with the
myriad vaccination require- last one provided on or after mumps and rubella vaccine;
ments for their children enter- the fourth birthday — before on or after turning 1 year old.
ing school, said Ann Johnson, entering kindergarten. In addition to thesE
a nurse at Clallam County They also must have at least requirements, the U.S. Cen-
Health Department. four doses of the diphtheria, ters for Disease Control and
The exemption process,is tetanus and pertussis doses, Prevention also recommends
III simple. wsdose ved
All a parent has to do is sign or
ith afterthe thlae fourth birthdareceiy,on that children receive vaccina-
tions for hepatitis A,
a form citing personal or reli- Finally, according to state influenza, chickenpox and
gious reasons for not wanting rules,children must have two haemophilus influenzae type b
to have their children vacci- doses of the measles vaccine (Hib) before turning 18
nated, or may present a note and one dose each of the months of age.
•
Jefferson County Public
Health adopts new name
Jefferson County Public Department. The name change
Health is the new name of the was approved in May by the
Jefferson County Health county board of health.
"This name better reflects our
core mission,which is to protect
the health of Jefferson County
residents by promoting safe,
healthy communities and envi-
ronments," said Jean Baldwin,
administrator of the department.
This core mission is accom-
plished by providing essential
programs to Jefferson County
residents,such as maternal child
health, disease prevention, safe
drinking water, food safety,
sewage disposal,emergency and
bioterrorism preparedness and •
many others.
Jefferson County Public
Health staff are dedicated to
deliver professional and efficient
public health services to the res-
idents of Jefferson County. Call
385-9400 or visit www.jeffer-
soncountypublichealth.org.
.
•
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PENINSULA DAILY NEWS Peninsula
Northwest
Flargrove touts
health
Fundshelp :i:::,,,,
� a - y s : '• �
ay f ".-wet ":Sn2 y�
t i
boost alcohol, wi3 � �� ` ,fr
1
drug treatment
i„,,,,„,„7„:„,,,,,,,,,,1 ,,,,,
u�y,� {c 3 „ ,,,,,,I,,,,,,,:,:,�,
BY RAUL VASA �; � � � ' r
PENINSULA DAILY NEWS41
C
PORT ANGELES — You �w , ; , �, '- , :: %"'
have to spend money to make ,141i `t r
money,the adage goes.
State Sen.Jim Hargrove,I.
'
Hoquiam,puts his own spin on
the saying. `"' 1 �
/YE
"Sometimes,"said Hargrove °¢ - "
during a arisit to Port Angeles
on Monday,"you have to spend �1 14 '%�
money to save money.'
:r ka.
With this goal in mind,Har-
grove spent a lot of his time ,
during the last legislative see- :,'
sion in Olympia trying to pass
his Senate Bill 5763, which r
addresses treatment of mental '411.1%;*„ �`
and substance-abuse disorders 4',4 qK �' ,.-
The bill was passed last
,
month and is now in effect. - - v - .<�,.
r
Hargrove represents the a ,ma
.: k '''
24th District, which includes
Clallam and Jefferson counties KEITH THORPE/PENINSULA DAILY NEWS
and most of Grays Harbor
County,in the Legislature. State Sen. Jim Hargrove, right, D-Hoquiam, speaks about funding for mental health
programs as Ken Stark, director for the Division of Alcohol and Substance Abuse
On Monday,Hargrove spoke for the Department of Social and Health Services, listens during a forum Monday
about the new $70 million law at the Clallam County Courthouse in Port Angeles.
to the Port Angeles Chamber of
Commerce, as well as during a Abuse, who appeared with Each county now has the pilot programs—one rural and
work session with health work- Hargrove on Monday. authority to impose a one- one urban — fora tI ained
ers at Clallam County Court y
house. In Clallam County, the tenth of 1 percent sales tax to health official who will be a e
The purpose for the bill, added funds will translate into be used solely for providing to investigate and detain a per-
which received wide bipartisan about $200,000 for the next new or expanded chemical son for up to 72 hours if they
support from the Legislature,
two years, said Florence dependency or mental health are deemed a danger to them
is to significantly shrink the Bucierka of the county's treatment services and foDr the selves or others.
cost to taxpayers who now pay Human Services.of Health and therapeuticeration f court progrnew and amsded Couunty h sBucierkaappl said
to have one
billions annually to place men With that mosey, an addi- If all of the state's 39 coun of those pilot programs in Port
tally ill or chemically depen tional 20 youths'and 152 adults ties passed that tax, it would Angeles.
dent people in jail,hospitals or. will have expanded treatment create about $200 million in These pilots,due to begin in
other state-sponsored instituat 14 chemical dependency pro- new revenues,Hargrove said. March 2006, will also pay for a
tions. grams that stretch from Ne.ah In Clallam County, that secure detoxification center.
More money for treatment Bay to Sequim,Bucierka said. could mean an additional $1.6 Hargrove said that will solve
About 700 people are million,Bucierka said. the problem many health care
One way the bill tries to. treated annually by those orga- Accever,oneoof the mo ostannovative-- wherel tef holdw en de i who
achieve this goal is by increas- nizations.
ing the amount of dollars des- "What they've been able to aspects of Hargrove's bill is its needs to detoxify but hasn't
tined for treatment options at show," Bucierka said, "particu- effort to create an integrated committed a crime.
the county level, which in the- larly on the side of chemical and comprehensive screening The need to address prob-
ory would help more people get dependency, is if money is and assessment process for lems like these .address
m
assistance before they become spent on treatment, costs to people regardless of whether tion behind Hargrove's a
financial burdens to the state. jails, health care services and they are mentally ill or chemi- ship of the bestede a downward
"This should result in even foster care providers goes cally Howpend that process is not spiral," Hargrove said.
ent.
shorter waiting lists and a lot down."
more access to alcohol and drug Hargrove's bill, however, yet in place and must be corn "But if we can now treat
treatments," said Ken Stark, also puts the responsibility on pleted by Jan. 1,2006. some of these people who need
director of the state's Division individual counties to raise a Another major component help, we can start to turn the
of Alcohol and Substance lion's share of potential funds. of the bill is in creating two spiral back." ."---
/,6 ,�)
•
•
•
World Breastfeeding Week
1
.. •�..,; s4.• .ter.y,',
ONO _....
Come Join our Parade, August 3rd
The Family Birth Center and
• La Leche League of Port Townsend
invite you to celebrate Breastfeeding Week
by joining our parade at Pope Marine Park,
at noon. Bring a picnic lunch to
Chetzemoka Park,around 1:00 p.m.
Join the fun and support breastfeeding.
Breastfeeding— Both Loving and Healthy
Jefferson
834 Sheridan,Port Townsend
Healthcare 360-3.85-2200
www.jeffersonheaithcare.org
1'rtrji° szt rtrtl ratotitiruc. Per;t rttdl 1 ;tr�rrtFsrif. f
•
•
businessesfacing • •Restaurants,
n
November vote on i d
oor smoking
By Dena Shunra numbers that pretty muchon decks (Sirens) or in a separate room November with Initiative 901 Healthy
Leader Contributing Writer match up with '>• (The Surf).It is even possible to eat at an Indoor Air For All Washington on the
1establishment fullydedicated statewide ballot.Successor to the failed
the studies,"
Imagine an out-of-town couple is said Sukert. to the convenience 1-890 Workplace Clean Indoor Air
here for a visit,and they have a quaint "We've seen a ', /- - of smokers, Initiative,I-901 makes a bid to prohibit
habit: They smoke.They'd just love to lot of positive � >�" such as The smoking in all public places, including
take you out to dinner,and you remem- input from non- , U p t o w n restaurants, bars, hotels, retail tobacco
ber that there was a place on Sims Way smokers — and ;',"" a.•...4. ti 3 Pub. stores, sports arenas, skating rinks,
alleys, casinos, gymnasiums
where smoking while dining was OK. from smokers too. Ken, of bowling y ,
Open the door to the Highway Twenty About 25 percent of the U ,. 'bW1. / Tobacco and health spas,as well as 25 feet from
Roadhouse and — oops. Yet another positive comments came { Depot 8, entrances and exits,open windows and
haven for smokers went smoke-free on from smokers:' '."':' said that a ventilation intakes. Violations could
April 1. In a city that cherishes lack of merit a$100 fine.
"Not entirely, though:' said Hank tolerance for differences, -'' rr : accommo- Businesses on tribal lands would be
Sukert, who reopened his restaurant dining diversity is a reality.Port . , dations for exempt,one reason some casino and bar
with the new configuration on a day Townsend restaurants, Gaffs and . - smokers has owners fear a loss of business should
generally associated with pranks and bars generally offer smoke-free eating: not affected his their non-tribal facilities be declared
foolishness."The lounge still welcomes The Belmont, Fins, The Public House sales."Habits have not changed in this smoke-free.
smokers,"and dinner can also be served and Bayview are all of this variety.And town," he said. "People go out to eat A similar initiative attempt failed last
in the lounge. there are still many places that offer a without smoking, or they go to places year to get enough petition signatures to
It was a move that industry buzz smoking section.Such sections are often where they can smoke." make the statewide ballot. The
claims to be good for business."We saw outdoors (Port Townsend Brewing Co.), This tolerance will be tested this See SMOKING,Page C 12
•
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•
134' Tummy,AUGUST 9,2005 BusinessEconomy _ --- PENINsIt-slxlt-, Neu.
fferson food cop is on the beat
Inspector •keeps »;,`•• ,• =,�
...„...,.....„.„,....4.1 ., ..,:;..ri_ t Did you know?
tabs on 245 ` _ `�+ _ ! r , , �,..
establishments 1 n _ t ! t 'i - „ J t' THEE ARE
•S S ,...' L 4. +t ,•� t :',.-',.5.1.4:4(:.4 r ALMOST doll million
s'• i ; a ,'ey lVil , r ♦ .• •. e?' :5,1 icases of GK,db,vne ill-
BY JEFF CHEW ;_e... y+! r' rr ,, ,•k .• a,a`.+MEW "f t f Hess to the United
J;r'� +w..•cr __� �A .....Jim r'' States each year,mane
PENINSULA DAILY NEWS r . - +•,y._ s _ of them contracted at
PORT TOWNSEND — ---- home
Her name,Dana Fickeisen, n •• T -..,-.e, :'••-:- .: -•:-....^
Centers for Control
She's a food cop. i. ...vis ..+";;i Control
A friendly,educational food .•+�" •' • :n
cop,with,she says,eyes in the _.—•-"' '! /, • .. - • .i •/t i> To report cases
hack of her head. \"r w i1_ •'k x
And a seemingly natural t Y;,/1� °: .r , ..<...! If,uu have con-
penchant for preventing food ' ` 0• * t,' traded what you believe
poisoning in Jefferson County. a,J, •.1 . • - _� P (t'. ti'+;;b1->Zyw:i'.,' is a foodborne illness,
Her turf: 245 licensed food • �' �- Ire' ' •�x r"' 0r, ,+ Jefferson County Envi
establishments. - ,'sr' ,E r s... `. uY ronmental Health
Her title: Food safety pro- .I •
- r f .'.it...: • Director Mike McNickle
gram specialist, the county's �T. M .._ y •Tj. e ,f,, urges you to contact the
only full-time food establish• - '
� ,• � tea.+,� �"�d firq _ t. - Environmental Health
ment inspector. 1 s + s't, '� �, r Division tit:I00-3K5
Her tools: Laser-scanning n •� `r �, 6 9444
thermometer,bleach test strip t Y f f
and thermui'oupler food tern- 11 i • fit �rss 1- `/1 t
perature probe. 3 ._' `i- • M •
/ •.%•,,,,•f" t Theprogram bel prevent
Her assignment: Inspect ,� v ;eP•
the Fond Co-op deli and •y �r I ^t,•:.,,,,,.
ia ' Ufay \ 1 astronauts from contracting
•.t•• / '� �' food poisoning o,space
kitchen. :/• •./ - f ✓ ..1 t r ,F�•''''� As example.i(:hie•krn i<
There's a higher risk with 1 J. t• • / re► ro e rly c•+,ke ;0 165 degrees
a deli than other food a tab• I i P is onlysafe to consume
lishments,"Fickeisen says. ----- -- --
"There are temperature " Jr.,-rainy onyxes+n.nog,.Ness but it prevents bacterial dete-
control issues,many different Dana Fickelsen,food safety program specialist for Jefferson County's Environmental Health division,reads roratiun causo•d when under,
foods and much food handling. temperatures of cheese Items In a refrigerated case at The Food Co-op in Port Townsend. cooked
"There are just so many McNickle says part of pre-
ways things can go wrong." "Temperature is awfully •'a yen I' involves consumers
For the record: The Food important to keeping bacteria •'' '' TUp three f(x)(1 inlet "I don't think the public is
arned a perfect score from growing,"she says. ( reporting iiifovery
illness to
rcent—after Fick- lir defenses are:I' us not very well." says
ei eticulously inspected Tightened food code111.6._ Fiiig ourytfs tcllll McNickle. who urges those
the organic food store's deli -,_'••x-c.•"<•- - go( personal hygiene
lt' who pet sick after eating out
Another challenge since .' w:'1.4
and kitchen operation,ceilingg te` ', to report a to his department
May is the state Department •{' y ■F(xx1('(N)kCl1 torr,
to Moor. P r, at afi0.3lf5 9444
of Health's tightened food .1 t� 'V.
t r� {. !S ♦ held at it Wrell A doctor's examination is
nsle. r H 1 s '6ie"' ''t�•.
Safety good for business ra j +};+se �'.yy. Ism)eraEOfc� Hero:vin and a St 001 .po i
One of the most radical t" ' i -. s q a . men must be taken from the
Acknowledging that food changes in the code is that the E 'e „et. ' x • '•r e'lt�t' ■Prevention 1)i i r,hl-
safety is good for business,Cu- • foxed storage temperature was •. ti 7 .t person reporting the illness.
op food service team leader reduced from 45 to 4)degrees. 1�A c.A,itiN- •` �` r • j contamination til CHc McNickle says.
Victoria Wideman said, "We "It's been an intense year _ n. � `i^'ti�gl.
Ux) nt t"For every aloe lla ,
take pride in that it's so with the new food code."says t' +•.�� 'f+w •�, -�..-"' ---- ---- -- ------ Boni 1311 are ytCitnnrepo rtedrnhhi
....Si,
W Mal kC(11 ill`
important." Fickeisen. ^y, �h e► , says.
Casing the inspection area "Refrigerators had to be 1 - Another point of concern is "Most are silent ruse,
before she launches into her brought down colder, which - 1 how raw meat it stored. It where theq• go home and take
routine, Fickeisen checks out was somewhat of a challenge , - must he stored at a low level Pepto-Bismol"
everything, obvious or not, fur operators with older equip- on shelves. Also. toxic sub- McNickle says he has
from the refrigerated meat mint.
and cheese cases and toldstor- "But they are mostly get- A thermocouple,batch
ofobe to used u test the temperature stances mutt be pmperh ileo- thatapptied forla 1:p Frani
age to food preparation sur- ting it accomplished." of- prdel batch Morrocan sous cous at The Food uliFi and stored could help the Geod
faces, appliances and food- Aside from fond tem rs• Co-op deli. • tkeisen's Environmental
inspection program prow
handling utensils. county Environmurcel alongumwith tfood
increasing
and cooked food are tures, she checks the level of handling ha id term. Fickeisen conducts about Health;Nuturul Resources number of food estnblish-
elso wdked food for sanitizing bleach in bottles vi, "I like teaching classes in :tn0 inspections a year with Uiriictor Mike McNi•kl•..says menus in the aunty
also carefullyture and cleanliness, it is not ton strong or weak. this job because I can talk to IOi annual"checkhacks,"plus establishments handling raw
temand hazardous to health. people."she says,adding that helping new restaurateurs Reports might hit Internet
and inspection tags on items She uses a litmus test kit her- his as much oda':rtaetial phut thein establishments. moots are cunsiderI- high ask P 9
such as shellfish are checked that registers the bleach cum s regulae,ry The standard Rod ins and automatically receive While('Inllnm County puh-
for date and source. tent. A blue color on a test �� - Pea more inspections fishes the results of food
tion report covers critical
•Such tracking tags can strip reveals the blench is in Teachingbyexample „real, such as food handlers Establishments .such as inspections nn its Web site.
prove helpful to an epidemiol- the safety zone. • espresso stands lire considered wow..Hallam aet:EnvHeaith.
o at investigating an out- I'art of that teachin• is he working while ill, proper low risk and only ins
fft 6a g Ftckeiu:n periodically spot t. hand•washing and washing ofinspected Jefferson('runty does not
break of foodborne illness, , interviews food workers she example.' • food. such as vegetables and once n your. But that could change.
Fickeisen says, while looking : teaches in her weekly lied- She ca'el'ulIi and progeny Inuit. and the general condi- McNickle is the "proctor" according to Fickeisen
over an iced-down bag of handling cusses.Through the washys her lands nr h..-than Una of the food prepared. and food safety trainer her the In the meantime.it all boils
unshucked oysters, classes, thee become Public lourt1111,,during the cnorseeel' I)ther "red high-risk far- county's Serve Safe program down to prevent nm of float-
During the course of her - Health-certified to work as an inspection. tors" checked include food The county's food safety borne illnesses
inspections, she regularly • food e..e„,rs. The former IIur-,i ,and coniact sot-laces to assure program uses what `ASA "We want to make slice that
Points and shoots her latter - She asks them how they do health consultant for the l lead three IS no cross-cnntamina- culls the''Ilazardnus Analysis everyhsdy in Jefferson County
thermometer gun to check their yah. which reveals Start program has been at her tion hi-iwi•en raw or cooked and Critical Control Point" has a good dining experience.
temperatures. whether they orern rly snooty ooh for four years 1'oisl items
P Pe' system,he says and a safe one,"she says
• 5
•
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