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JEFFERSON COUNTY BOARD OF HEALTH
ORDINANCE NUMBER 09-0715-04
SOLID WASTE REGULATIONS
II
July 2004
Pertaining to the Management of Solid Waste
TABLE OF CONTENTS
Section
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Section Title
Authority
Purpose
Applicability and Exemptions
Definitions
Authority and Responsibility of Health Officer
Owner, Operator, and Occupant Responsibility for Solid
Waste
Unlawful Dumping, Depositing or Burning
Permits
Permit Required
Permit Applications
Permit Issuance
Permit Renewal
Department of Ecology Review
Permit Fees
Permit Conditions
Permit Suspension
Placement of Solid Waste During Emergencies
Inspections and Searches
Fee Schedule
Civil and Criminal Penalties
Performance of Work, Abatement and Liens
Hearings and Appeals
Waivers to this Chapter
Variances to Chapter 173-350 WAC
Conflict
Severability
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II
Pertaining to the Management of Solid Waste
1. Authority
1.1 These regulations have been adopted by the Jefferson County Board of Health
under the authority of Article XI, Section 11 of the Washington State Constitution,
Chapter 70.05 Revised Code of Washington (RCW), Chapter 70.95 RCW and,
Chapter 70.93 RCW.
1.2 The Jefferson County Board of Health retains the authority to hold hearings,
adopt findings and decide cases as authorized under the laws of the State of
Washington.
1.3 The Board may appoint a Hearing Officer to hold hearings and decide cases or
make recommendations for decisions, as determined by the Board and stated in the
letter of appointment by the Board.
2. Purpose
The purpose of these regulations is to prevent, control, mitigate, and correct the
health hazards; nuisances, and the air, water, and land pollution associated with the
disposal of solid wastes, and to achieve compliance with Chapter 173-350-700 (2)
WAC.
3. Applicability and Exemptions
3.1 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.
3.2 Chapter 173-304 WAC, Chapter 173-350 WAC, Chapter 173-351 WAC, shall be
enforced by the Health Officer as applicable.
3.3 These regulations are intended to allow the Health Officer all of the authority
needed to implement and enforce the regulation of solid waste in Jefferson County.
All valid statutes and regulations that apply to the regulation and management of
solid waste in Washington State may be employed by the Health Officer when he or
she has cause to do so.
4. Definitions
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.
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Board of Health: or "the Board", the Jefferson County Board of Health.
Commercial Dumping: The dumping or depositing of commercially generated
solid waste.
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.
Container: A portable device used for the collection, storage, and/ or transportation
of solid waste including, but not limited to: re-useable containers, disposable
containers, and detachable containers.
County: Jefferson County, Washington
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, and incidental amounts of clean soil associated with these wastes. Plaster
(Le., 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. Additionally,
an item of waste having exterior dimensions (height + length + depth) in excess of 72
inches, waste items such as appliances, and asbestos-containing materials are not
considered to be demolition waste for the purposes of this regulation.
Department, or Jurisdictional Health Department: the Jefferson County Health and
Human Services Department.
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. Drop box facilities may also include
containers for separate or mixed recyclables, which need to be clearly labeled.
Ecology: the Washington State Department of Ecology.
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Health Officer: the Jefferson County Health Officer as defined in RCW 70.05.010
and RCW 70.05.0501 and/ or his or her authorized representative.
Hearing Officer: the person authorized by the Health Officer to conduct appeal
hearingsl or permit hearingsl and to make findings and decisions from those
hearings.
Illegal Dumping: Any dumping or depositing of any type of solid waste in
violation of this Chapter or in violation of any applicable state lawl state regulation
or County Ordinance.
Litter: All waste material including, but not limited to: disposable packages or
containers thrown or deposited as herein prohibitedl and solid waste that is
illegally dumpedl but not including the wastes of the primary processes of miningl
loggin~ saw-millingl farmingl or manufacturing. This definition of "LitterlJ
includes the material described in subsection 13 as Potentially Dangerous Litter.
Moderate Risk Waste (MRW): Solid waste that is limited to Conditionally Exempt
Small Quantity Generator (CESQG) Waste and Household Hazardous Waste
(HHW) as later defined in this regulation.
MRW Facility means a solid waste handling unit that is used to collectl treatl
recyclel exchangel storel consolidatel and/ or transfer Moderate Risk Waste. This
does not include mobile systems and collection events or limited MRW facilities that
meet the applicable terms and conditions of Chapter 173-350 W AC-360 (2) or (3).
Notice and Order to Correct Violation: NOCV: This is an official notice sent by
the Department to the alleged violatorl notifying him or her of the violationl and
laying out a timeframe for correction.
Nuisance: A condition created by unlawfully performing an actl or failing to
perform a legal requirementl which act or omission either annoys, injures or
endangers the reposel health or safety of others; or unlawfully interferes withl
obstructs or tends to obstructl any lake or navigable river, baYI streaml canal or
basinl or any public park, squarel street or highway; or in any way renders other
persons insecure in lifel or in the use of any property and any other act or omission
by a person or business entity that constitutes a nuisance according to state law.
Person: Any individuall corporationl companYI associationl societyl firml
partnershipl joint stock company I other form of business entityl any branch of
federat statel or local government or any other entity.
Potentially Dangerous Litter: Material that is likely to injure a person or cause
damage to a vehicle or any other real property. This includesl but is not limited to:
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1. Cigarettes, cigars or other tobacco products that are capable of starting a fire;
2. Glass;
3. A container or other product made primarily of glass;
4. A hypodermic needle or other instrument designed to cut or pierce;
5. Raw human waste, including soiled diapers, regardless of whether the waste
is in a container of any sort; and,
6. Nails or tacks.
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 11 dangerous wastes11;
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. 11Waste abrasive blasting grit11 does not include blasting grit that
will be reused for its intended purpose.
Solid Waste: All putrescible and non-putrescible solid and semi-solid wastes
including, but not limited to: garbage, rubbish, ashes, industrial wastes, swill,
construction and demolition wastes, land clearing wastes, abandoned vehicles or
parts thereof (including waste tires), and discarded commodities. This includes all
solid and semi-solid materials that are not the primary products of public, private,
industrial, commercial, mining and agricultural operations. 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.
Solid Waste Handling: The management, storage, collection, transportation,
treatment, utilization, processing, and final disposal of solid waste, including the
recovery and recycling of materials from solid wastes, the recovery of energy
resources from solid wastes or the conversion of the energy in solid wastes to more
useful forms, or combinations thereof.
Vector: A living animal, including, but not limited to, insects, rodents, and birds,
which is capable of transmitting an infectious disease from one organism to another.
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5. Authority and Responsibility of the Health Officer
5.1 The Health Officer of Jefferson County shall have the authority and
responsibility to implement and enforce these regulations as stated in Chapter 70.05
RCW, Chapter 70.95 RCW, Chapter 173-351 WAC, and Chapter 173-304 unless
repealed or superseded by Chapter 173-350 WAC.
5.2. The Health Officer shall have the authority to take action or bring any legal
proceeding as stated in RCW 43.70.190, including, but not limited to the special
proceedings authorized in Title 7, RCW (Special Proceedings and Actions).
5.3 The Health Officer, with the approval of the Board of Health, and/ or the Board
of County Commissioners, may contract with Ecology to assume responsibility and
authority for all or part of Chapter 70.93 RCW, as stated in RCW 70.93.050. The
Health Officer, subject to approval of the Board, shall also have the authority to
negotiate a contract with Ecology dividing or sharing responsibilities with other
entities as allowed by RCW 70.93.050.
5.4 The Health Officer and any Jefferson County department named in a contract, or
inter-local agreement as in section 5.3 above, shall have authority to enforce the
requirements and levy the penalties cited in RCW 70.93.060, according to the terms
of the contract. Citations shall be adjudicated as required by Title 7, RCW ("Special
Proceedings and Actions").
6. Owner, Operator and Occupant Responsibility for Solid Waste
6.1 The owners of any property, premises, business establishment, or industry shall
be responsible for the legal and satisfactory arrangement for the proper handling
and disposal of all solid waste generated or accumulated by them on the property.
Putrescible solid waste and any waste that attracts vectors shall be stored in
watertight containers with lids securely fastened.
6.2 The operators, occupants, or tenants of any property, premises, business
establishment, or industry shall be responsible for the legal and satisfactory
arrangement for the solid waste handling of all solid waste generated or
accumulated by them on the property. Putrescible solid waste and waste that
attracts vectors shall be stored in watertight containers with lids securely fastened.
6.3 It shall be unlawful for persons to allow or permit solid waste to be deposited on
or to remain on property or premises under their control without a permit as
required by this Chapter. The Health Officer is authorized to require the owners,
operators, occupants, tenants or other persons responsible for solid waste handling
to abate illegal dumping or disposal maintained on property under their control, as
part of a "Notice and Order to Correct Violation (NOCV)" issued because of these
regulations or other actions permitted by law.
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7. Unlawful Dumping, Depositing or Burning
7.1 Violations and Exemptions. It shall be a violation of these regulations for any
person to dump or deposit or permit the dumping or depositing of any solid waste
onto or under the surface of the ground or into the waters of the state except at a
facility that is permitted to accept the solid waste:
(a) PROVIDED, that this Chapter does not apply to the facilities, activities and
wastes cited in WAC 173-350-020, JJSolid Waste Handling StandardsJJ, when those
facilities, activities and wastes are in compliance with applicable standards and legal
requirements, and there has not been a violation of the performance standards as
discussed in WAC 173-350-040, or a health hazard or nuisance has not been created.
(b) The exemptions in section (a) above that may be applied to single family
residences or family farms is limited to twelve (12) cubic feet for any single family
residence lot or twelve (12) cubic yards per five (5) acres on acreage tracts to
accumulate no more than twenty-five (25) cubic yards per single family residence or
family farm.
(c) If any owner or operator of any solid waste facility, or exempt facility or
activity as cited in WAC 173-350-020 fails to comply with the performance standards
in WAC 173-350-040, the Health Officer may initiate any action authorized by or
cited in this Chapter.
7.2 Presumption. Whenever solid waste dumped in violation of Section 7.1 of this
regulation contains three (3) or more items bearing the name of one individual, there
shall be a rebuttable presumption that the individual whose name appears on such
items committed the unlawful act of solid waste dumping.
7.3 Burning of Solid Waste Prohibited. It shall be a violation of these regulations
for any person to bum solid waste in violation of Chapter 173-425 WAC and the
regulations of the Olympic Region Clean Air Agency. It shall be a violation of this
regulation for any person to cause or allow any open fire containing prohibited
materials which include, but are not limited to: garbage1 dead animals, petroleum
products, paints, rubber products, plastics, paper (other than what is necessary to
start a fire), cardboard, treated wood1 processed wood, construction debris, metal or
any substance which, when burned, releases toxic emissions, dense smoke or
obnoxious odors.
7.4 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. If said person
does not have this service and resides in a geographic area where a single solid
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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.
7.5 Disposal Receipts Required. Any person in violation to whom a '1 Notice and
Order to Correct Violation (NOCV)" 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 NOCV issued by the
Department.
8. Permits
8.1 Permit Required. No solid waste disposal site or facility in Jefferson County
shall be maintained, established, substantially altered, expanded, or improved until
the county, city or other person operating or owning such site or facility has
obtained a permit from the Department.
8.1.1 Only persons complying with these regulations, Chapter 173-350 WAC,
Chapter 173-351 WAC, the Jefferson County Comprehensive Solid Waste
Management Plan aCCSWMP), applicable county / city ordinances, and the
conditions of the issued solid waste permit shall be entitled to receive or maintain
such a permit.
8.1.2 The Health Officer may require a permit, or take other enforcement action, for
any site or facility handling fifty (50) cubic yards or more of any solid waste as
stated in Chapter 173-350-020 WAC, if the handling of the solid waste at the site or
facility poses risk of environmental degradation (including, but not limited to:
surface or ground water pollution, air pollution or methane generation) or has
potential impacts on public health.
8.2 Permit Applications
8.2.1 Applications for new or expanded solid waste disposal sites or facilities shall
be submitted on a form approved by the Health Officer in accordance with Chapter
173-350 WAC and/ or Chapter 173-351 WAC. Filing shall not be complete until the
Department has received:
(a) two copies of the completed application and attachments signed by the
property owner and applicant,
(b) the Department has evaluated application materials to ensure all required
information has been included,
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(c) the applicant has filed an environmental checklist required under the State
Environmental Policy Act (SEPA) rules, Chapter 197-11 WAC, completed all
hearing requirements of County SEP A and land-use regulations, and
(d) the applicant has paid all applicable review fees.
8.2.2 Permit applications for solid waste facilities shall be prepared by a licensed
civil or sanitary engineer with experience in the areas necessary for submitting
acceptable solid waste designs and specifications. Applications shall comply with
the requirements of Chapter 173-350-710 WAC and Chapter 173-350-715 WAC. The
Health Officer may exempt certain solid waste facilities from the engineering design
requirements depending upon the nature and type of solid waste material handled.
8.2.3 The Health Officer may request additional information if it is deemed
necessary for consideration of an application. The permit application shall not be
considered complete, and the ninety (90) day review period started until all required
and requested information as required by WAC 173-350-700(1)(a) and WAC 173-
350-715 has been received by the Department.
8.2.4 When the application is complete, the Department shall forward one copy of
the complete application to Ecology for a forty-five (45) day review, as discussed in
WAC 173-350-710(1) (c) (i).
8.2.5 Every completed solid waste permit application shall be approved or
disapproved within ninety (90) days after its receipt by the Department or the
applicant shall be informed as to the status of the application.
8.3 Permit Issuance
8.3.1 The Health Officer may issue a permit for a period of up to five years when it
has been determined that the facility meets the requirements of these regulations
and all other applicable laws and regulations, conforms with the approved
JCCSWMP, and complies with applicable county/city ordinances. The initial period
of validity shall be determined by the Health Officer, and may be based on the
Health Officer's need to determine adequacy of compliance with permit conditions
or may be based on the stages of development of the solid waste facility, or other
aspects of the permitted facility.
8.3.2 Permit issuance shall comply with Chapter 173-350 W AC-710 (2) and, Chapter
173-351 WAC, or Chapter 173-304 WAC, as applicable. Permits will be valid from
February 1 through January 31st of each calendar year.
8.3.3 Post-closure permits shall comply with Chapter 173-350 WAC, WAC 173-351,
and all conditions contained in the post-closure plan.
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8.3.4 The permit shall be displayed at the solid waste facility at all times of
operation.
8.4 Permit Renewal
8.4.1 The owner or operator of a facility shall apply for renewal of the facility's
permit thirty (30) days prior to permit expiration, in accordance with Chapter 173-
350-710 WAC, Chapter 173-351 WAC, or Chapter 173-304 as applicable, and these
regulations. Previous information submitted to the Department may be referred to
on the application forms. Changes in operating methods or other changes must be
noted on the application in order to be authorized by permit, unless the changes in
operating methods are at the direction of the Health Officer.
8.4.2 The renewal application will be reviewed for compliance with these regulations
and all other applicable regulations. Other information from inspections,
complaints, or known changes in the operations will also be reviewed.
8.4.3 Every completed solid waste permit renewal application shall be approved or
disapproved within forty five (45) days after its receipt by the Department, or the
applicant shall be informed as to the status of the application.
8.4.4 Any facility not in complete conformance with these regulations or any other
applicable regulations may be made subject to a Performance Contract.
8.4.5 All facilities subject to post-closure permits and conditions are also subject to
modification if site conditions or monitoring results indicate the need for changed
permit conditions.
8.5 Department of Ecology Reviews. All solid waste facility permits issued or
renewed will be forwarded within seven days of issuance to the Department of
Ecology for a thirty (30) day review. Upon review, Ecology may appeal the
Department issuance or renewal of a solid waste facility-operating permit to the
State Pollution Control Hearings Board, as stated in RCW 70.95.185 and RCW
70.95.190.
8.6 Permit Fees.
8.6.1 An annual permit fee shall be charged as specified in the fee schedule adopted
by the Jefferson County Board of Health.
8.6.2 Facilities that continue operation past January 31st of the permit year without
having paid all required fees shall be considered a) not to have a valid permit, b)
may be considered in violation of this regulation and/ or c) may be ordered closed
by the Health Officer.
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8.6.3 Facilities monitored under a post-closure permit shall pay annual fees as
required by the adopted fee schedule.
8.7 Permit Conditions
8.7.1 Each permit issued by the Department may include conditions set by the
Health Officer. The conditions of the permit shall assure that the permitted facility
conforms with the purpose and objectives of this regulation.
8.7.2 The conditions that may be set by the Health Officer include, but are not
limited to:
(a) compliance schedules
(b) types and quantities of wastes accepted;
(c) operating procedures;
(d) scheduling and hours of operation;
(e) types and frequency of any environmental monitoring;
(f) addition of pollution control and reduction systems;
(g) other relevant conditions that have been identified by the SEP A compliance
review process;
(h) conditions based on the inspection of the facility or the review of the facility at
the time of permit renewal; and
(i) conditions based on the results of required facility environmental monitoring
data.
8.7.3 The conditions under which the permit is granted shall be specified in writing
and shall be in addition to applicable regulations and approved operating plans and
specifications included in the solid waste application. In the absence of any
additional conditions set forth by the Health Officer, the approved operating plans
and specifications shall constitute the conditions of the solid waste facility operating
permit.
8.8 Permit Suspension
The Health Officer may suspend all or part the activity permitted by a solid waste
permit upon discovery of actions or physical conditions that are a violation of these
regulations, state solid waste laws1 or the conditions of the issued permit.
9. Placement of Solid Wastes During Emergencies
9.1 Upon request, the Health Officer may allow the transportation and storage of
solid wastes to a location approved by the Health Officer during or after an
emergency. The materials that may be so placed include building materials and
foundations, utility pipes, wires1 materials from roads and bridges, materials from
floods or landslides or other geologic events, materials from fires or explosions, or
other materials as determined by the Health Officer.
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9.2 The purpose of allowing this emergency transportation and storage is to allow
the clean up or restoration of critical community facilities in a timely fashion while
reserving the right to make further changes at a later time.
9.3 The Health Officer may limit the nature and quantity of materials so placed in
order to prevent health hazards, nuisances or other issues cited in these regulations.
9.4 The Health Officer may require the subsequent removal or relocation of any
materials found to be unsuitable for long-term storage or disposal on the originally
approved location.
10. Inspections and Searches
10.1 Inspections and Searches of Permitted Facilities. All facilities that have
applied for a solid waste permit or have received a solid waste permit have by
accepting the permit consented to and are subject to inspection by the Health
Officer without notification. These inspections are necessary to determine
compliance with permit conditions, and to prevent the hiding or burying, or
improper destruction of materials subject to those conditions. The Health Officer
may enter and inspect and take samples at any such facility or location, private or
public, at any reasonable time or during the facility's regular business hours to
determine compliance with legal, permit, or environmental conditions. For this
purpose, facilities include all real property, buildings, equipment, vehicles, storage
containers, and structures related to waste handling, and all records, both print and
electronic, that are related to the reception, storage, handling or disposition of solid
waste materials.
10.1.1 The Health Officer may require that solid waste permit applicants or permit
holders produce records for inspection.
10.1.2 The Health Officer shall notify all applicants for solid waste permits and all
holders of solid waste permits that they are subject to inspection as in section (1)
above. A similar notice shall be included in all issued solid waste permits.
10.1.3 The Health Officer may only release records to the public when such release
is in compliance with Chapter 42.17 RCW.
10.2 Obtaining a Search Warrant. If the Health Officer is refused entry to any
facility as in 10.1 above, he or she may seek and obtain a search warrant from a
court of competent jurisdiction. A non-specific search warrant may be issued by
the court because of the extremely variable nature of solid waste and because solid
waste disposal is a pervasively regulated industry.
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10.3 Inspections and Searches Not Associated with Permitted Facilities. The
Health Officer may view and inspect the areas outside the buildings of private or
public property at any reasonable time when he or she has cause to believe that a
violation of these regulations has occurred or is occurring. Said viewing and
inspecting must occur from a public right-of-way or from an adjacent property if
the owner or occupier of that adjacent property has given his, her or its consent.
10.3.1 The Health Officer may inspect any location on property or premises,
including, but not limited to, the interiors of buildings or structures, when granted
permission by the property owner or person in control of the property or having
obtained and presented a valid search warrant issued by the court. The Health
Officer may seek and the court may issue a search warrant based on probable cause
that a violation exists without first seeking voluntary permission for access or entry.
11. Fee Schedule
The Board of Health shall adopt a fee schedule and revise as needed, covering the
permit and service categories relevant to the solid waste program. Categories shall
include, but not be limited to: permits, penalties, waivers, services, and appeals.
12. Civil and Criminal Penalties
12.1 Civil infractions shall be imposed pursuant to Chapter 7.80 RCW, Chapter
70.93 RCW, Chapter 70.95 RCW, Chapter 173-350 WAC, and Chapter 173-351 WAC,
and these regulations. Appeals to such citations shall be in the appropriate court,
Le., either the Jefferson County District Court or the Jefferson County Superior
Court, according to which court has jurisdiction. All lawful enforcement options,
including judicial solutions, may be used to enforce state law or regulation or any
local ordinance as stated in the Jefferson County Policy on Complaint Review and
Enforcement, Resolution No 42-03.
12.2 The Health Officer shall work cooperatively with the Washington State
Department of Ecology, the Jefferson County Sheriff and the Jefferson County Code
Enforcement Officers to implement the enforcement in section (1) above.
13. Performance of Work, Abatements and Liens
Failure to comply as directed by an order of the Health Officer may result in efforts
by the Health Officer to mitigate actual or potential health risks, environmental
risks or public nuisances by:
13.1 performing necessary corrective work and billing the cost of that work to the
violator (or the violator's heirs or assigns) at established rates; or1
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13.2 contracting with qualified firms or persons to perform said work or any
combination of 13.1 and 13.2. Billings for work performed under this Section shall
be sent to the violator and payment is required within thirty (30) days. If a bill is
not paid within the given time period, the County Assessor may be directed to
attach this bill to the property as a special assessment with the same priority as real
estate taxes and with the same ability on the part of the County to foreclose. Final
settlement of this lien may include interest of 8% per annum on the lien amount.
14. Additional Health Hazards and Solid Waste Deposits -- Abatement, Control or
Reduction -- Summary Action - Recovery of Costs.
(1) The owner of land where a health hazard or an illegal solid waste
accumulation exists and the person responsible for the existence of a health hazard
or illegal solid waste accumulation shall take reasonable measures to reduce the
dangers associated with the health hazard or solid waste accumulation from the area
and may abate the hazard by actions approved by the Health Officer.
(2) The Department shall use these regulations and existing solid waste and
litter control laws when directing a person responsible to abate an accumulation of
solid waste.
(3) The owners or persons responsible for the existence of the health hazard or
solid waste accumulation are required to abate, control or reduce the hazard. The
duty to abate, control, or reduce, and liability under this, arises upon creation of the
health hazard or illegal solid waste accumulation. Liability shall include, but not be
limited to, all enforcement and administrative expenses incurred by the Department,
regardless of cause.
(4) If the owner or person responsible for the existence of the health hazard or
illegal solid waste accumulation subject to these regulations refuses, neglects, or
unsuccessfully attempts to abate, control, or reduce the same, the Department may
summarily abate, control, or reduce the health hazard or remove the solid waste
accumulation as required by these regulations and recover two times the actual cost
thereof from the owner or person responsible. The Department's reserve account
monies may be used for this purpose, when available. Monies recovered by the
Department pursuant to these regulations shall be returned to the Health
Department reserve account.
(5) Such costs shall include all salaries and expenses of people and equipment
incurred therein, including those of the Department. All such costs may also be a
lien upon the land enforceable in the same manner with the same effect as a
mechanic's lien.
(6) The summary action may be taken only after twenty-one (21) days' notice in
writing has been given to the owner or reputed owner of the land on which the
health hazard or illegal solid waste accumulation exists. The notice shall include a
suggested method of abatement and estimated cost thereof. The notice shall be by
personal service or by registered or certified mail addressed to the owner or reputed
owner at the owner1s last known place of residence.
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(7) Billings for work performed under these regulations shall be sent to the
violator and payment is required within thirty (30) days. If a bill is not paid within
the given time period, the County Assessor may be directed to attach this bill to the
property as a lien. Final settlement of this lien shall include interest of eight percent
(8 %) per annum on the lien amount.
15. Hearings and Appeals
The Health Officer will act as the Hearings Officer or will appoint a delegate to the
position.
(a) (1) Appeal of Solid Waste Permit Decisions. Any solid waste
permit applicant or owner of property on or for which a solid waste permit
has been submitted or issued, or a person whose property is adjacent to
property subject to the solid waste permit, or other person who is aggrieved
by a permit issuance, permit denial, permit suspension, or action by the
Health Officer, shall have the right to appeal the matter and have a hearing
before a Hearings Officer authorized by the Board to conduct such hearings.
Any such appeal must be made within ten (10) days of service of the NOCV,
Abatement Order or other lawful notice to the owner, occupier or operator.
The appeal will conform to the requirements of WAC 173-350 and these
regulations. The decision of the Hearing Officer regarding solid waste permits
or notice or order may be appealed to the Board of Health. Any action to
review the Hearing Officer's decision must be filed within thirty (30) days of
the date of the decision. Except for conditions causing risks to human health
or safety, appeals shall act as a stay of the Health Officer's decision or order.
Hearing Officer Administrative Hearing. Any person aggrieved by a permit
decision or notice or order of the Health Officer may request, in writing, a
hearing before the Hearing Officer. The appellant shall submit specific
statements in writing of the reason why error is assigned to the decision of the
Health Officer. Such request shall be presented to the Hearing Officer within
ten (10) days of the action appealed. Upon receipt of such request, together
with any applicable hearing fees, the Hearing Officer shall notify the
appellant, and permit holder or applicant, if different from the appellant, in
writing of the time, date, and place of such hearing, which shall be set at a
mutually convenient time not less than twenty (20) days nor more than fifty
(50) days from the date the request was received. The Hearing Officer will
issue a decision affirming, reversing, or modifying the Health Officer's
decision, which has been appealed. The Hearing Officer may require
additional actions as part of the decision.
(b) Hearing Procedures. Hearings shall be open to the public and presided
over by the Hearing Officer. Such hearings shall be recorded. Hearings shall
be opened with a recording of the time, date and place of the hearing and a
statement of the cause for the hearing. The Hearing Officer shall then swear
in all potential witnesses. The case shall be presented in the order directed by
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the Hearing Officer. The appellant may present rebuttal. The Hearing Officer
may question either party. The Hearing Officer may allow for a closing
statement or summation. General rights include:
(i) To be represented by an attorney;
(ii) To present witnesses;
(iii) To cross-examine witnesses;
(iv) To object to evidence for specific grounds. In the conduct of the
proceeding, the Hearing Officer may consider any evidence,
including hearsay evidence that a reasonably prudent person
would rely upon in the conduct of his or her own affairs.
Evidence is not admissible if it is excludable on constitutional or
statutory grounds or on the basis of evidentiary privilege
recognized in the courts of this state. The Hearing Officer shall
decide rulings on the admissibility of evidence, and the
Washington State "Rules of Evidence" shall serve as guidelines for
those rulings but need not be strictly followed.
(c) Record. Inasmuch as any appeal to the Board of Health from a Hearing
Officer's decision is a review on the record, the Hearing Officer shall ensure
that the record generated contains all testimonial and documentary evidence
supporting the Hearing Officer's issuance of the hearing decision.
The Hearing Officer may continue the hearing to another date to allow for
additional submission of information or to allow for additional consideration.
The Hearing Officer shall issue his/her oral ruling on/ or before the tenth
business day after the hearing closes. The appellant shall bear the burden of
proof and may challenge the permit decision based on the preponderance of
the evidence.
(d) Appeals. Any decision of the Hearing Officer shall be final and may be
reviewable by an appeal filed with the Board of Health. Any action to review
the Hearing Officer1 s decision must be filed within thirty (30) days of the date
of the decision.
(2) Appeal of Decision of the Hearing Officer Regarding Solid Waste
Permits.
(a) Any solid waste permit applicant or owner of property on or for which a
solid waste permit has been submitted or issued, or a person whose property
is adjacent to property subject to the solid waste permit, or other person who
is aggrieved by a permit issuance, permit denial, permit suspension, or action
by the Health Officer, or aggrieved by the findings, conclusions or orders of
the Hearing Officer 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 clerk of the Board of Health within thirty (30) days of the
Hearing Officer's decision. The appellant shall submit specific statements in
writing of the reason why error is assigned to the decision of the Hearing
Officer.
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(b) The decisions of the Hearing Officer shall remain in effect during the
appeal. Any person affected by the solid waste permit decision may make a
written request for a stay of the decision to the Hearing Officer within five (5)
business days of the Hearing Officer's decision. The Hearing Officer will then
grant or deny the request within five (5) business days.
(c) Upon receipt of a timely written notice of appeal, the clerk of the Board of
Health 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 twenty (20)
days or more than fifty (50) days from the date the appeal was received by the
clerk of the Board of Health unless mutually agreed to by the appellant and
clerk of the Board of Health.
(d) Board of Health hearings shall be open to the public and presided over
by the Chair of the Board of Health. Such hearings shall be recorded. Board
of Health hearings shall be opened with a recording of the time, date and
place òf the hearing and a statement of the cause for the hearing. The hearing
shall be limited to argument of the parties and no additional evidence shall be
taken unless, in the judgment of the Chair, such evidence could not have
reasonably been obtained through the exercise of due diligence in time for the
hearing before the Hearing Officer. Arguments shall be limited to the record
generated before the Hearing Officer unless the Chair admits additional
evidence hereunder.
(e) Any decision of the Board of Health regarding the appeal of a decision by
the Hearing Officer or the Health Officer relative to a solid waste permit shall
be final and may be appealed to the Pollution Control Hearings Board
pursuant to RCW 70.95.210.
(3) Appeal to Hearing Officer of a Solid Waste Violation Not Associated with
a Permitted Facility.
(a) Stay of Corrective Action. The filing of a request for a hearing pursuant
to this section shall operate as a stay from the requirement to perform
corrective action ordered by the Health Officer while the hearing is pending,
except there shall be no stay from the requirement for immediate compliance
with an emergency order issued by the Health Officer or from the
requirements regarding human health and safety.
(b) Hearing Officer Administrative Hearing. The owner or occupant of
property on or for which a solid waste violation has been submitted or
issued, or a person whose property is adjacent to property subject to the solid
waste violation, or other person aggrieved by a notice and order to correct a
violation may request, in writing, a hearing before the Hearing Officer. The
appellant shall submit specific statements in writing of the reason why error
is assigned to the decision of the Health Officer. Such request shall be
presented to the Hearing Officer within ten (10) days of the action appealed.
Upon receipt of such request, together with any applicable hearing fees, the
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Hearing Officer shall notify the person in writing of the time, date, and place
of such hearing, which shall be set at a mutually convenient time not less than
twenty (20) days nor more than fifty (50) days from the date the request was
received. The Hearing Officer will issue a decision affirming, reversing, or
modifying the "Notice and Order to Correct Violationu. The Hearing Officer
may require additional actions as part of the decision.
(c) Hearing Procedures. Hearings shall be open to the public and
presided over by the Hearing Officer. Such hearings shall be recorded.
Hearings shall be opened with a recording of the time, date and place of the
hearing and a statement of the cause for the hearing. The Hearing Officer
shall then swear in all potential witnesses. The case shall be presented in the
order directed by the Hearing Officer. The appellant may present rebuttal.
The Hearing Officer may ask questions. The Hearing Officer may allow the
opportunity for a closing statement or summation.
General rights include:
(i) To be represented by an attorney,
(ü) To present witnesses,
(iii) To cross-examine witnesses,
(iv) To object to evidence for specific grounds. In the conduct
of the proceeding, the Hearing Officer may consider any evidence, including
hearsay evidence that a reasonably prudent person would rely upon in the
conduct of his or her affairs. Evidence is not admissible if it is excludable on
constitutional or statutory grounds or on the basis of evidentiary privilege
recognized in the courts of this state. The Health Officer shall decide rulings
on the admissibility of evidence, and the Washington "Rules of Evidence"
shall serve as guidelines for those rulings, but need not be strictly followed.
Inasmuch as any appeal to the Board of Health from a Hearing Officer's
decision is a review on the record, the Hearing Officer shall ensure that the
record generated contains testimonial and documentary evidence supporting
the hearing officer's issuance of the "Notice and Order to Correct Violation".
The Hearing Officer may continue the hearing to another date to allow for
additional submission of information or to allow for additional consideration.
Written findings of fact, conclusions of law and orders shall be served on the
appellant within ten (10) business days of the oral ruling. The appellant shall
bear the burden of proof and may overcome the llNotice and Order to Correct
Violation" by a preponderance of the evidence.
(d) Appeals. Any decision of the Hearing Officer shall be final and may be
reviewable by an appeal filed with the Board of Health. Any action to review
the Hearing Officer's decision must be filed within thirty (30) days of the date
of the decision.
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(4) Appeal of Decision of Hearing Officer Regarding Solid Waste Violation
Not Associated with a Permitted Facility.
(a) The owner or occupant of property on or for which a solid waste
violation has been submitted or issued, or a person whose property is
adjacent to property subject to the solid waste violation, or other person
aggrieved by a NOCV may appeal the decision of the Hearing Officer by
requesting a hearing before the Board of Health. Such notice of appeal shall
be in writing and presented to the clerk of the Board of Health within thirty
(30) days of the Hearing Officer's decision. The appellant shall submit
specific statements in writing of the reason why error is assigned to the
decision of the hearing officer.
(b) The decisions of the Hearing Officer shall remain in effect during the
appeal. Any person affected by the NOCV may make a written request for a
stay of the decision to the Hearing Officer within five (5) business days of the
Hearing Officer's decision. The Hearing Officer will grant or deny the
request within five (5) business days.
(c) Upon receipt of a timely written notice of appeal, the clerk of the Board of
Health 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 twenty (20)
days or more than fifty (50) days from the date the appeal was received by the
clerk of the Board of Health unless mutually agreed to by the appellant and
the Board of Health.
(d) Board of Health hearings shall be open to the public and presided over
by the Chair of the Board of Health. Such hearings shall be recorded. Board
of Health hearings shall be opened with a recording of the time, date and
place of the hearing, and a statement of the cause for the hearing. The hearing
shall be limited to argument of the parties and no additional evidence shall be
taken unless, in the judgment of the Chair, such evidence could not have
reasonably been obtained through the exercise of due diligence in time for the
hearing before the Hearing Officer. Argument shall be limited to the record
generated before the Hearing Officer unless the Chair admits additional
evidence hereunder.
(e) Any decision of the Board of Health regarding the Health Officee s
actions not related to permitted facilities shall be final and may be reviewable
by an action filed in Superior Court. Any action to review the Board1 s
decision must'be filed within thirty (30) days of the date of the decision.
16. Waivers to Provisions of this Regulation
Whenever a strict interpretation of provisions of this regulation, which are not
required by Chapter 173-350 WAC, would result in extreme hardship, the Health
Officer or an appointed Hearing Officer may waive the provision(s) causing
extreme hardship in accordance with the provisions of this regulation. Provisions
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required under state laws or regulations may not be waived without written
concurrence from the Department of Ecology or other applicable state agencies.
17. Variances to Chapter 173-350 WAC
Any person who owns or operates a solid waste handling facility subject to a solid
waste permit may apply to the Department for a variance as stated in Chapter 173-
350 W AC-710 (7).
18. Conflict
Whenever a conflict between statutes, or regulations is discovered or is alleged, the
Health Officer shall interpret the laws and conditions and shall take an action that
protects public health and is the most compatible with this regulation.
19. Severability
If any section of this regulation or its application to any particular person and/ or
circumstance is held to be invalid, the remainder of this regulation and its
application to other persons and/ or circumstances shall not be affected.
Effective Date.
The effective date of this regulation shall be July 15, 2004.
ADOPTED this
l.s~
day of
-
~~ly
2004
JEFFERSON COUNTY BOARD OF HEALTH
JEFFERSON COUNTY HEALTH
OFFICER
Date
7!15/ð'/-
~-;f32.
Thomas H. Locke, M.D.
7(L>b
Date
M!J
Approved as to form only:
(\ . n 0\ 0. l ] Sö\2OÞ+
OUOJli'-Vt ~v~
Jefferson Co. Prosecutor's 0 e
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