HomeMy WebLinkAbout09 1020 05 Health Board
e.c'. HD \~
Sh(l.( \ i i 0.~Jo5
Del) I'
~'A ,
JEFFERSON COUNTY BOARD OF HEALTH
ORDINANCE NUMBER 09-1020-05
(Repeals and Replaces Ordinances #09-0715-04 and #08-0919-02)
SOLID WASTE REGULATIONS
October 20, 2005
TABLE OF CONTENTS
010 - A UTH 0 RITY AND PURPOSE ............................................................................................... 1
015 - ADOPTION BY REFERENCE ...............................................................................................1
020 - APPLI CAB ILITY ..................................................................................................................... 1
025 - OWNER RESPONSIBILITY FOR SOLID WASTES .......................................................... 2
(1) GENERAL. ...... ............ ...... .............. ........... ......... ......... ..... ......... ......... ........... ........... ........ ...... 2
(2) REMOVAL. ... ....... .... ............. ................ ......... ............ .............. ........ ...... ......... ......... .... ...... .....2
(3) DISPOSAL... ....... ...... ............... ..... ...... ...... ........ ..... ......... ..... .......... ........... ......... ... ..... ...... ........2
030 - EFFECTIVE D A TES................................................................................................................ 3
040 - PERFO RMAN CE ST AND ARDS. ...........................................................................................3
100 - DE FINITI 0 N S. ............... .......................................................................................................... 3
200 - BENEFICIAL USE PERMIT EXEMPTIONS ......................................................................8
210 - RECY C LING ............................................................................................................................ 8
220 - CO MPOSTIN G FACILITIES .................................................................................................8
230 - LAND APPLI CA TI 0 N ............................................................................................................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 .......... 9
(1) ANIMAL WASTE. ...................................................................................................................9
(2) ASBESTOS-CONTAINING WASTE. .................. ...... .............. ...... .............. ........ ........ ................ 9
(3) BIOMEDICAL WASTE. .......................................................................................................... 10
(4) BULKY WASTE. ...................................................................................................................12
(5) DANGEROUS WASTE. ................. ....... ..... .............. ......... .............. ....................... ........ ......... 12
(6) MODERATE RISK WASTE AND USED OIL. ...........................................................................13
(7) PROBLEM WASTE. ............................................................................................................... 14
(8) SEPT AGE. . ..... ........... .................. ...... ...... .............. ......... .... .......... ............. .......... ........ ...... .... 14
(9) CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR (CESQG) WASTE. .................15
310 - INTERMEDIATE SOLID WASTE HANDLING FACILITIES .......................................15
320 - PILES USED FOR STORAGE OR TREATMENT ............................................................15
330 - SURFACE IMPOUNDMENTS AND TANKS ..................................................................... 16
350 - WASTE TIRE STORAGE AND TRANSPORT A TION .....................................................16
360 - MOD ERA. TE RISK WASTE HANDLING ..........................................................................16
ii
400 - LIMITED PURPOSE LANDFILLS .....................................................................................16
410 - INERT WASTE LAND FILLS ............................................................................................... 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..................................................... 18
500 - GROUND WATER MONITORING ....................................................................................18
600 - FINANCIAL ASSURANCE REQUIREMENTS .................................................................18
700 - PERMITS AND LOCAL 0 RD INAN CES ............................................................................ 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..... ........... ...... ................. ........ ......... ............ ........... ................. 19
(3) RIGHT OF ENTRY .................................................................................................................19
(4) INSPECTIONS - PERMITIED FACILITIES ..............................................................................20
(5) NOTICE AND ORDER TO CORRECT VIOLATION ................................................................... 20
(6) VIOLATIONS, REMEDIES AND PENALTIES ........................................................................... 21
(7) ApPEALS .... ........... ........ ...... ........ ....... ...... ....... ......... ...... ......... ........ ............... ........ ....... .......29
(8) VARIANCES .... ........... ...... ...... ................. .............. ...... ........ ............ ............................ ......... 30
960 - RE PEALER ............................................................................................................................. 32
970 - SEVERABILITY ..................................................................................................................... 32
990 - CRITERIA FOR INERT WASTE ........................................................................................32
APPEND IX A. REFEREN CES ......................................................................................................32
A. FEDERAL: ... ... ...... ............ ...... ..... ... ..... ...... ...... ............ .............. ......... ............ .......... ......... .......32
B. STATE: ......... ......... ..... ...... ..... ...... ........ ...... ..... ......... ........ ................. ........... ........ ............. ........33
C. LOCALlREGIONAL: ............... ......... .................... .............. ....... ....... ............... ........ ......... .......... 34
Hi
JEFFERSON COUNTY BOARD OF HEALTH
ORDINANCE 09-1020-05
SOLID WASTE REGULATIONS
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 ofHealth70.05, 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 ofRCW 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.
JEFFERSON COUNTY
1
SOLID WASTE REGULA nONS
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, or collected, 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.
JEFFERSON COUNTY
2
SOLID WASTE REGULA nONS
(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 hislher 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 October 20, 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 in
its entirety by reference herein except as revised or altered by the definitions 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.
JEFFERSON COUNTY
3
SOLID WASTE REGULA nONS
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 I, 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 HEP A 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.
JEFFERSON COUNTY
4
SOLID WASTE REGULA nONS
4. "Human blood and blood products" are waste human blood and blood components, and
materials containing free-flowing blood and blood products.
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. Junk
cars are not allowed in a Buffer Zone as defined in Title 18 of Jefferson County Code.
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 (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. 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.
JEFFERSON COUNTY
5
SOLID WASTE REGULATIONS
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.
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.
* Environmentally Sensitive Areas or "ESA": shall be as defined at RCW 36.70A.030(5) (or as
hereafter amended) to include wetlands, areas with a critical recharging effect on aquifers used for
potable water, fish and wildlife habitat conservation areas, frequently flooded areas and geologically
hazardous areas (and buffers for all such areas) as those terms are defmed and described in Title 18 of
the Jefferson County Code in its current form or as it may be in the future, amended, supplemented or
replaced. Junk cars are not allowed in an ESA as defined in Title 18 of Jefferson County Code.
EP A: 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.
For enforcement purposes, possessing three (3) junk cars on a single property of any size is not allowed
under this regulation.
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.
JEFFERSON COUNTY
6
SOLID WASTE REGULATIONS
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;
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 or any person acting on behalf of or employed by
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
JEFFERSON COUNTY
7
SOLID WASTE REGULA nONS
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 refmed 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.
210 - Recycling
WAC 173-350-210, Recycling is hereby adopted 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 - Energy 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.
JEFFERSON COUNTY
8
SOLID WASTE REGULA nONS
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.
(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.
JEFFERSON COUNTY
9
SOLID WASTE REGULATIONS
(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.
(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
JEFFERSON COUNTY
10
SOLID WASTE REGULATIONS
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.
(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.
(vHi)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.
(Hi) 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.
JEFFERSON COUNTY
11
SOLID WASTE REGULA nONS
(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 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.
(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
leak proof and fully enclosed vehicle compartment 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
designated 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 defmed 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.
JEFFERSON COUNTY
12
SOLID WASTE REGULATIONS
(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
(D) In the case of hazardous substances which are unused products, stored in their
original container.
(ii) Containers ofMRW, 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 EP A 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.
JEFFERSON COUNTY
13
SOLID WASTE REGULATIONS
(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:
(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
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.
JEFFERSON COUNTY
14
SOLID WASTE REGULA nONS
(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 ofMRW and used oil with the name
of the waste and identify the major risk(s) associated with the waste in the container or tank
for employees, emergency response personnel and the public. Containers ofMRW 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 detennines
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 fonnat
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 Usedfor Storage or Treatment is hereby adopted by reference. Paragraph
320(7) has been revised as follows:
320(7) Piles usedfor Storage or Treatment - Financial Assurance requirements.
(a) Financial Assurance may be required for certain piles treating or storing solid waste as detennined
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.
JEFFERSON COUNTY
15
SOLID WASTE REGULATIONS
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.
(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
JEFFERSON COUNTY
16
SOLID WASTE REGULATIONS
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
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 ofan 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 ofa landfill on
the tax parcel within one-hundred and eighty (180) days of the effective date of these
regulations.
JEFFERSON COUNTY
17
SOLID WASTE 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
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 I~suance
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
JEFFERSON COUNTY
18
SOLID WASTE REGULA nONS
(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.
(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, his or her designee, or any person appointed as an "Enforcement Officer"
by the Jefferson County Board of Health 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, e.g., a street or
driveway, 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 if the entry into the building, structure, or property is
consistent with applicable state and federallaw.
(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,
JEFFERSON COUNTY
19
SOLID WASTE REGULA nONS
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 based on probable cause or statutory authority.
(4) Inspections - Permitted Facilities
(a) General. At a minimum, the Health Officer may, to the extent resources permit, perform
annual inspections of all permitted solid waste facilities. Findings shall be noted and kept
on file. The Health Officer shall furnish a copy of the inspection report, or annual
summary, to the site operator.
(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
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 ofa continuing violation, each day's continuance shall be a
separate and distinct violation;
(vi) A statement that the person, to whom the Notice and Order is directed, can appeal
the Order to the Health Officer, in accordance with the terms of this Chapter, and
that any such appeal must be presented to the Health Officer with ten days;
(vii) 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.
JEFFERSON COUNTY
20
SOLID WASTE REGULA nONS
(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. The notice and order to correct violation shall
also be served via certified mail/return receipt requested to the owner of the parcel or
parcels where the alleged violations are occurring to the owner's 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.
(1) 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.
(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
in violation of these regulations shall provide information identifying themselves.
(iv) Violations, apparent or alleged, that occurred or are occurring in environmentally
sensitive areas, as that term is defined in this Chapter, of Jefferson County will have
the highest priority for investigation by those persons charged in this Chapter with
investigating such violations and enforcing this Chapter and such violations will be
subject to a 'zero tolerance' policy.
JEFFERSON COUNTY
21
SOLID WASTE REGULATIONS
(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) or
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.
(iv) All other legal and equitable remedies are also deemed available to Public Health or
its Health Officer and may be invoked, utilized or sought at any time regardless of
whether other remedies have or have not been undertaken or sought.
(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 fme 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.
(ii) Any person who unlawfully dumps "dangerous waste" as defined in WAC 173-
350-100 and/or RCW 70.105.010(5) in violation ofRCW 70.105.090 shall be,
upon conviction, guilty of a misdemeanor. The court may also impose
restitution.
(iii) Any person who unlawfully dumps "dangerous waste" as defmed in WAC 173-
350-100 and/or RCW 70.105.010(5) in violation ofRCW 70.105.085 shall be,
upon conviction, guilty of a felony. The court may also impose restitution.
(iv) 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.
(v) 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 ofa 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.
(vi) 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
JEFFERSON COUNTY
22
SOLID WASTE REGULA nONS
conviction, guilty of a misdemeanor and shall be subject to a fme of not more
than $100, or imprisonment in the county jail not to exceed ninety (90) days, or
both. The court may also impose restitution.
(vii) 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 $100, 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 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.
(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;
JEFFERSON COUNTY
23
SOLID WASTE REGULATIONS
(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 9950(7) of this
Chapter 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 and the
person, firm or business entity that has allegedly violated this Chapter, 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 09-1020-05, 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 09-1020-05, 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 MA Y RESULT IN THE
ISSUANCE OF A CIVIL INFRACTION.
(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 9950(6)(g) of this Chapter.
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;
JEFFERSON COUNTY
24
SOLID WASTE REGULATIONS
(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 terms 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. The person responsible for the
alleged violation may, by through written documentation provided to the Health
Officer, state his or her decision to reject and nullify the voluntary correction
agreement, at which time that person is entitled to an appeal to the Health Officer
pursuant to ~950(7) of this Chapter.
(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
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
09-1020-05, ~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 which 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 have been
attempted through the use of the civil infractions process. Once it has been
JEFFERSON COUNTY
25
SOLID WASTE REGULATIONS
determined by Public Health that there is no immediate threat to the public health's
safety or welfare and that correction of such conditions has not been adequately
achieved through use of the civil infraction process, then Public Health is
authorized to 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 ~950(6)(g) of this Chapter.
(E) A statement that the costs and expenses incurred by Public Health pursuant to
~950(6)(g) of this Chapter, including any amount expended on staff time to
oversee the abatement, may be assessed against a person to whom the
Abatement Order is directed in a manner consistent with this Chapter; 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 ~950(7) of this
Chapter.
(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, 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 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
JEFFERSON COUNTY
26
SOLID WASTE REGULATIONS
SNOUV'lODmI :iI.LSVA\ onos
LI
A.LNOO::> NOSll:il.!l.!l:ilf
tplll~H :l!lqt\d Aluno::> UOSJ~JJ~f
l~:lYJO tplll~H '
'~:l!lou S!tp ~:lllj~p lO ~^OW~l OllO
'Sll!PHnq S!tp Adn:l:lo Ol !;0-0'l0 1-60 ~:lU1lU!PlO tplll~H jO plllOg Aluno:J uosl~JJ~f ~tp jO uO!llllO!^ 11 S! n
AdO::>::>O O.L :iI.!IVSNO
lI:i1.LN:iI .LON 00
:WlOj SU!M.OHOj ~tp AHll!lUlllsqns ll! 4I~dOld ~tp uo P~lsod ~q HllqS ~:l!lOU
lllUOmppll Ull 'MOqll S~llllS Sll ~:l!A.I~S Sll!P!AOld Ol UOmppll OJ '~:l!loN ~tp SU!lSOd (!!!)
'S1J!.LIll:l:lO S! lO p~nn:l:lo UO!llllO!^ p~S~Hll
~tp ~l~qM. 4I~dOld ~tp uo P~lsod ~q OSlll HllqS l~plO ~tp jO Ado:l V 'SS~.lppll UM.OID{
lSllll~q lO S!q llll~UM.O ~tp Ol 'p~ls~nb~lld!~:l~l wtQ~l A1lp-~^Y llll!tp!M. 'HllW
P~l~lS!S~l lO p~mll~:> pUllllllmJ~l Aq ~:l!lOU ~tp jO Ado:lll SumllW Aq lO AH1lUOSl~d
l~tp!~ 'Sll!nn:l:lo S! lO p~nn:l:lo uO!llllO!^ p~S~Hll ~tp ~l~qM. 4I~dOld ~tp jO l~UM.O
~tp uodn l~plO lu~w~lllqV ~tp ~A.I~S HllqS l~:lYJO tplll~H ~q~ '~:l!loNjO ~:l!A.I~S (H)
'SAllP U~l
tp!M. l~:lYJO tplll~H ~tp Ol P~lU~S~ld ~q lsnw lll~ddll q:lns AUllllltp pUlll~ldllq:J
S!tpjO (L)0!;6~ tp!M. ~:lUllplO:l:lllll! l~:lYJO tplll~H ~tp Oll~plO ~tp 11loodll
Ull:l P~P~l!P S! ~lll:lllA Ol ~:l!loN ~tp woqM. Ol uosl~d ~tp llltp lU~W~llllS V C~)
~UO!Pll ~^!P~llO:l p~l!nb~l ~lU (3:)
~p~l!nb~l ~q HllqS ~:lUll!ldwo:l ~lll!P~WW!
4I~dOld lO suosl~d Oll~SU1lp ~W~.QX~ jO ~Sll:lUI 's~s!w~ld ~tp ~lll:lll^ lsnw
suoSJ~d AUll q:l!qM. Aq 'A:lU~Sl~W~ ~tpjO Al!lM~S ~tp Aq P~U!Wl~l~P Sll '~l1lp V (0)
~P~l1l10!^ AIP~S~Hll u~~q
Sllq q:l!qM. 'suo!l1l1mJ~l tplll~HjO plllOg Aluno:J UOSJ~JJ~f ~tpjO SUO!s!^old
~tp Ol ~:lU~l~j~l pUll A:lU~Sl~W~ Ull SU!ltll!lSUO:l UO!l1l10!^ ~tpjO UO!ld!l:ls~p V (:J)
~Su!lJll:>:lO S! lO p~nn:l:>O
Sllq UO!l1l10!^ P~S~Hll ~tp q:l!qM. U!tp!M. lO uodn PUllllo 'S~s!w~ld lO ~ltll:lnqs
'Su!PHnq ~tpjO UO!lll:>mlU~P! lOj lU~PYJns UO!ldp:>s~p lO SS~.lpplll~~.QS ~q~ (g)
~uo!l1l10!^ P~S~Hll ~tp lOj ~lq!suods~l uosl~d ~tp lOj sS~.lppll pUll ~W1lU ~q~ (V)
:Sll!M.OHOj ~tp ~pnpu! Hllqs ~lll:>llA Ol ~:>!loN V 'lu~lUO:J (0
'~lll:lllA Ol ~:l!lON 11 ~nss! AllW l~:lYJO tplll~H ~tp '4I~dOld
~tp UO SUTI'!S~l suosl~d lO :l!lqnd ~tp jO Al~jllS lO 4Iooold 'qw!l '~j!l Ollll~.np ~lll!P~WW!
Ull s~sod pUll SUO!l1l1mJ~l ~s~tpjO UO!l1l10!^ 11 S~ltll!lSUO:l UOmpUO:lll u~lIA\ '~lll:lllA Ol ~:l!loN (q)
'uO!l1l10!^ ~tp Sll!lllqll U! p~nn:lu! s~suoox~ pUll SlSO:ll~tpO
AUll Sll H~M. Sll qS1ll ~sotp Ol P~l1l1~l s~suoox~ pUll SlSO:l ~tp pUll p~sn lOqlll 'pMOW~l
SlllP~lllW 'p~Wlo.J.I~d :>{lOM. ~tp SHlll~P llltp mq lll~plO lU~W~lllqV ~tp ll! p~W1lU
UOSJ~d ~tp pu~s HllqS l~:>YJO tplll~H ~ql 'uo!l1l10!^ AUll SU!lllqll jO SA1lp u~~UY
U!tp!A\ 'P~l:l~l!P S! l~plO lU~W~lllqV ~tp woqM. Ol uosl~d ~tpjO UO!lllS!lqO 11lUOsl~d
11 ~ltll!lSUO:> Hllqs 'SUO!l1l1mJ~l ~s~tp jO UO!l1l10!^ 11 S~ltll!lSUO:l q:l!qM. 'UOmpUO:l
11 SU!l:l~llO:l jO s~su~dx~ pUll SlSO:l ~q~ 's~su~dX3 pUll SlSO:J jO UO!l:l~Ho:J (!^)
'SumllW pUll Sll!lupd p~l!nb~l
AUll jO SlSO:> ~tp pUll ~:>{lOM. ~tp SU!l:>~dsu! pUll SU!l:>1l.Quo:> lO/ pUll Sll!qs!ldWO:>:>ll
U! pUll 'lU~W~lllqll ~tp tp!M. P~lll!:>OSSll Sl:>ll.QUO:l pUll suo!lll:lYpoos 's~:>!lou SU!-I1ld~ld
U! tplll~H :l!lqt\d Ol SlSO:l pUll s~suoox~ 11ltll:l1l pUll ~s~su~dx~ 11lsods!P/l1l^OW~l
(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.
(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);
JEFFERSON COUNTY
28
SOLID WASTE REGULA nONS
(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 himlher; 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 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).
G) 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.
(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
JEFFERSON COUNTY
29
SOLID WASTE REGULATIONS
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 a stay 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
(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 on the applicant 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,
JEFFERSON COUNTY
30
SOLID WASTE REGULA nONS
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.
(c) Application.
(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.
JEFFERSON COUNTY
31
SOLID WASTE REGULA nONS
960 - REPEALER
Jefferson County Board of Health Solid Waste Regulations, Ordinance #09-0715-04, dated July 15,
2004 and Ordinance #08-0919-02, dated September 19, 2002, are 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 09-1020-05, 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
SAFE DRINKING WATER ACT (PL 95-523)
ATOMIC ENERGY ACT OF 1954
RESOURCE CONSERVATION AND RECOVERY ACT OF 1976
(RCRA)
COMPREHENSIVE ENVIRONMENTAL RESPONSE
COMPENSATION AND LIABILITY ACT OF 1980 (CERCLA)
42 USC 300
42 USC 2011
42 USC 6901
42 USC 9601
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 EV ALUA TING SOLID WASTE, PHYSICAL!
CHEMICAL METHODS
JEFFERSON COUNTY
32
SOLID WASTE REGULATIONS
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 W ASTEW A TER FACILITIES
173-303 DANGEROUS WASTE REGULATIONS
173-304 MINIMUM FUNCTIONAL STANDARDS FOR SOLID WASTE
HANDLING
173-308 BIOSOLIDS MANAGEMENT
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 SEP A 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
JEFFERSON COUNTY 33 SOLID WASTE REGULA nONS
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)
JEFFERSON COUNTY BOARD OF HEALTH
&~~'
., / J"
,.. !
! .
Cl ..,---
David Sullivan, Ice Chairman
(L~~
~~~&'(u~~
Sheila Westerman, Member
7 l
;t'~~ 'Uafe.1. -d'~' .
'" ,. . .
,r ,,' ,
Roberta Frissell, Member
~~~
Patrick M. Rodgers, Member
Approved as to form only:
~ . 1l1'1]65
Jeffersgn Co, Pros@cutor' ffice
JEFFERSON COUNTY
34
SOLID WASTE REGULATIONS
JEFFERSON COUNTY BOARD OF HEALTH
ORDINANCE 09-1020-05
SOLID WASTE REGULATIONS
January 18, 2007
*
Re-executed by the Board of Health upon approval of a motion to re-execute this Ordinance (re-
execution made necessary in order to insert language previously legislatively approved but not
included due to scrivener's error) at a public meeting of the Board of Health held on June 15,
2006.
JEFFERSON COUNTY BOARD OF HEALTH
~~
I!~~
David Sullivan, Chairman
c) lti~ UJ~*V~
Sheila Westerman, Member
,/1 d.
/tt~~~./v.~~f!e/
(Excused Absence)
Phil Johnson, Member
Roberta Frissell, Member
~'____~"~~~---:~_"" .,d---......,Z"
Unavailable for signature
Patrick M. Rodgers, Member
January 18, 2007
JEFFERSON COUNTY
35
SOLID WASTE REGULATIONS