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HomeMy WebLinkAbout071504 JEFFERSON COUNTY BOARD OF HEALTH MINUTES Thursday, July 15, 2004 Board Members: Dan Tiftemess, Chairman - County Commissioner District # 1 Glen Huntingford - County Commissioner District #2 Patrick M, Rodgers - County Commissioner District #3 Geoffrey Masci - Port Townsend City Counczl Jill Buhler - Hopital Commissioner District #2 Sheila Westerman - Citizen at Large (City) Roberta Frissel!, Vice Chairman - Citizen at Large (County) StajfMembers: Jean Baldwin, Health & Human Services Director Larry Fay, Environmental Health Director Julia Danskin, Nursing Services Director Thomas Locke, MD, Health Officer Ex-officio David Sullivan, PUD #1 Chairman Tittemess called the meeting to order at 2:30 p,m, in the Health Department Conference Room, All Board and Staff members were present with the exception of Member Westerman, There was a quorum, Brief introductions included John Fischbach, the new County Administrator, APPROVAL OF AGENDA Member Masci moved to approve the agenda as written. Commissioner Rodgers seconded the motion, which carried by a unanimous vote. APPROVAL OF MINUTES Member Masci moved to approve the minutes of June 17, 2004. Commissioner Rodgers seconded the motion, which carried by a unanimous vote. PUBLIC COMMENT - None OLD BUSINESS AND INFORMATIONAL ITEMS Kids Bits Newsletter: Julia Danskin reported that this newsletter is being distributed to childcare providers in the community through a grant contract with the State Department of Health to provide public health nurse consultation to childcare centers, Jefferson Countv Comprehensive Prevention Plan: Dr. Tom Locke gave the Board a fact sheet on this prevention planning process, now underway, He solicited a member to join a review team of the Comprehensive Prevention Plan along with representatives from the Community Network Board, Law and Justice and other groups, Member Masci volunteered to serve on this committee, HEALTH BOARD MINUTES - July 15, 2004 Page: 2 2004 West Nile Virus Activitv: Dr. Locke noted that despite the expectation of the virus arriving in Washington this year, the County is still in "triple zero mode," with no cases in birds, horses, or humans, Although the peak season is in September, dry weather is a predictor of lower activity, Julia Danskin mentioned that the County has sent in a few birds for testing and is screening calls from the public and providing information such as how to dispose of dead birds, Benefits and Costs of Prevention and Earlv Iutervention Prollrams for Youth: Dr. Locke pointed out that the packet contained a small segment of a much longer cost benefit report of various programs by the State Housing Institute, Julia Danskin also provided the Board with a letter that had been sent to Dennis Braddock of the State Department of Social and Health Services on behalf of the Board of County Commissioners regarding funding for the Nurse-Family Partnership, NEW BUSINESS Public Hearinl! and Possible Adoution - Jefferson County Solid Waste Ordinance: Dave Christensen presented the Staff report on Solid Waste Regulations, the adoption of which is a requirement for the County under both RCW 70,95,160 and the WAC 173.350,700, He offered members of the public copies of the Staff report and regulations, The State Solid Waste Regulations were last amended in February 2003, He listed the various times the Board of Health has reviewed the draft ordinance to incorporate provisions to provide for protecting human health and the environment by defining applicability, and authorities as well as permitting requirements and fees, The regulations also include the administrative procedures for hearings, appeals, waivers, and vanances, The Board had no questions for Staff. Public Comment: Linda Sexton, while acknowledging not being very familiar with solid waste regulations added that as the subject of a case before the County Commissioners she felt persecuted. Her property, on which she operates her private business and conducts her religious practice and hobby, was determined to be a solid waste handling facility, She talked further about the significant expense and stress she suffered in defending herself against what she perceived to be a heavy-handed approach by the Board of Health and the County Commissioners, She reviewed directives she was given by the County, which included removing all uncovered materials being stored on her site and talked about measures she has taken to come into compliance and to address any health hazard concerns, She also talked about her objection to the definition of solid waste and her efforts to appeal the determination through the state and federal governments, She threatened to take her personal concerns to the Supreme Court, and television shows 60 Minutes and 20/20 in order to make a national event of what she feels is a trespass on her rights, Member Masci moved to approve the Solid Waste Ordinance as presented. The motion was seconded for discussion by Commissioner Rogers. HEALTH BOARD MINUTES - July 15, 2004 Page: 3 Commissioner Huntingford pointed out that each individual has their own perception of what they consider solid waste, The issue for the County is to figure out how to interpret the state solid waste definition and regulations when dealing with solid waste concerns, The regulations provide the County with the tools necessary for addressing nuisance properties or health threats, Enforcement will always be a challenge, Member Buhler agreed to the fine line in interpretation, which is where the Health Officer comes in to make a determination, She is comfortable that the appeal process offers protection against a State that is so heavy-handed that it would act arbitrarily or deny due process, Commissioner Rodgers said that a situation that fails to meet the fundamental criteria of having real or potential impacts to public health would be classified as a nuisance and would not be under the purview of Public Health, Dave Christensen clarified that this Solid Waste ordinance defines nuisance and distinguishes between nuisances and solid waste, but does not cover the former, Dr, Locke noted that this code is atypical for local Boards of Health, most extend from strict public health authority, At the State level this ordinance is administered by the Department of Ecology as more of an environmental protection that overlaps the health realm, State law assigns the local Board of Health as the jurisdictional authority for the enforcement of this code, He clarified that typically boards of health do not address nuisance codes, Member Masci spoke in favor of his motion, noting that the Board of Health has been thorough in changing the definitions, adding increased appeal abilities for citizens and been more than scrupulous in understanding the previous problems and situations that caused misunderstandings, He believes this ordinance would sort out at least the base of the Board of Health authority and what is expected of our agents, Also, the public can clearly see the definitions and what is expected, He believes the ordinance is a good and fair product for the citizens and would be enforced in an even- handed and fair manner, Chairman Titterness wanted to ensure that the ordinance is consistent with and not more restrictive than the fire code regarding the burning of waste, Dave Christensen said the language is consistent with rules adopted by Ecology over a year ago, Dr. Locke added that this code is no more stringent than the state code, Member Masci called for the question to approve the Solid Waste Ordinance No. 09-0715-04 as presented. The motion carried by a unanimous vote. Breast Feedinl! and Public Health Staff Presentation: Carol Hardy, the Health Department's breastfeeding specialist working in the Maternal Child Health programs, spoke to the Board about the importance of breast feeding, She reviewed its many benefits to the community, to families and babies; fewer instances of heart disease, cancers, diabetes, ear infections and adverse childhood events, Breastfeeding also provides better nutrition, sensory development and absorption of vitamins, It is a public health issue because breastfeeding lowers health care costs, increases HEALTH BOARD MINUTES - July 15,2004 Page: 4 attachment behaviors in mothers and thereby promotes protective factors that reduce the risk of adverse childhood experiences, and is better for the environment because it saves resources, To better promote breastfeeding in our culture and to make it the norm (rather than formula) she provided several suggestions - dealing with our own personal issues about breastfeeding, encouraging others to breastfeed, and by making workplaces breastfeeding- friendly, As August 1-7 is World Breastfeeding Week, she encouraged everyone to participate in the walk from Pope Marine Park to Chetzemoka on Wednesday of that week. She circulated pictures of the breastfeeding teas held at the Health Department. She noted there is also a Dads' walking group that meets on Saturdays at 8:00 a.m, at Larry Scott Trail. Member Masci spoke to the importance of mobilizing the men in the cause, As a pregnant and nursing mother of a two year old, Beth Wilmart spoke about her experience with the breastfeeding teas as an opportunity to connect socially, She noted there is also a new website for parents to connect called PT Babies, She and Carol Hardy also work in cooperation with the LaLeche League, While Washington has laws that say breastfeeding or expressing breast milk is not indecent exposure, unlike 20 other states, Washington stops short of saying that a mother has a right to breastfeed or express milk anywhere and at any time, Julia Danskin noted that the breastfeeding support services the Department provides to every new mom in the County do not cost a lot of money to sponsor, but show positive outcomes for the community, She spoke about the collaborative effort with Jefferson General Hospital, and specifically Laura Showers, who helps moms in getting started with breastfeeding and helps to promote and support breastfeeding in the community, David Sullivan asked ifbreastfeeding is promoted in public policy for workers or in contracts with employees, He believes it would be good for the County to model this in the workplace, which Carol Hardy agreed and said it would be good to actively support and encourage breastfeeding through workplace policies, as is the practice in the Health Department. She added that it is a big issue and a challenge to compete with powerful formula manufacturers who advertise heavily and offer giveaways for moms and babies, Public Health Fee Policy Discussion - Current Svstem and Ootions for ChaDl!e: Dr. Locke reminded that at the last meeting, the Board had asked to discuss the public health fee policy, The agenda packet included the current fee ordinance for Jefferson County Health and Human Services, A general power of all county legislative authorities, the tradition in Jefferson County is for the County Commissioners to adopt the fees, He understands this is fairly atypical and is usually done by boards of health, which have specific statutory authority to levy fees to carry out their law enforcement responsibilities, Given the precariousness of public health funding, it is unlikely the County would be backing off on fees until a more stable funding source could be secured, He recommended the Board and County Commissioners consider whether the Board of Health should take over this responsibility, the main argument being that it would link statutory responsibility for carrying out public health functions with one of the mechanisms for generating fees, Member Masci commented that the explanation of fees does not reflect anything for administrationlhandling and instruction, or pre- and post-consultation fees, A sliding fee would HEALTH BOARD MINUTES - July 15, 2004 Page: 5 significantly mitigate the impact. At least in our public health sector there needs to be a mechanism to make up the difference between Medicaid and Medicare reimbursements rates and the cost of delivering services, Member Buhler suggested that the Hospital, as a critical access hospital receiving cost-based reimbursement might be able to work in conjunction with the Health Department and bill through the hospital for some of these programs, Dr. Locke noted that any licensed medical provider could provide public health clinic services, The fees for Environmental Health services would still be set by ordinance through the County, Julia Danskin agreed with the need to discuss this and noted that for some programs, such as Family Planning and Immunization, the Health Department is required to do sliding scale down to minimum or zero, Services are based on public health goals and needs in our community; this is why the Board of Health should give input on priorities and what services should and should not be subsidized, Member Masci suggested that involving outside health practitioners and hospital representatives in the Board of Health fee committee would bring a broader viewpoint and better coordination, Julia Danskin acknowledged that a good program cost analysis is necessary to determine actual costs and a basis for fees, Staff has not yet had an opportunity to do a program cost analysis, Dr. Locke reiterated his intent in bringing this matter up was to receive clear direction, He was unclear whether the Board of Health wanted to become the forum for fee setting, Ultimately, it is a County Commissioners decision, Chairman Tittemess said he believes the authority for the establishment of fees needs to remain with the County Commissioners because it has to also manage the County Health Department's budget for delivery of these services, Member Masci said he does not take issue with retaining the authority with the County Commissioners and understands Dr. Locke's point that the Board of Health or fee committee would make recommendations that the County Commissioners would then approve, He is proposing that the Board of Health take an active role in the public health side, as it did on the Environmental Health fee committee, More research and other viewpoints might help find ways to make public health services more self-supporting, Vice Chairman Frissell agreed that the current budgetary challenges facing the Department warrants a joint review of the fee schedule by Board and Staff members, Chairman Tittemess recommended the Board of Health remain an advisory board to the County Commissioners, who would retain the authority, adding that he doesn't foresee a time where the County Commissioners would not accept their recommendation, Member Buhler agreed to chair a committee, including all board members with the exception of the County Commissioners and Ex-officio Member Sullivan, HEALTH BOARD MINUTES - July 15, 2004 Page: 6 On-Site Sewaee System Operation and Maintenance for Marine Counties Renort on Julv 14. 2004 State Board of Health Workshon: Dr. Locke noted that State On-site Sewage Rules released in March and scheduled for adoption in November have been under revision by the Rule Development Committee, a large group composed of environmental health directors, industry representatives, and other stakeholders, The only section that received less than favorable feedback was the Operation, Monitoring and Maintenance (O&M), He distributed the O&M section, along with letters of objection from Governor Locke, and State Representatives such as Norm Dicks, The two-year statewide consensus project generated results very similar to those compiled ten years ago, which was essentially that counties should come up with individual plans to address operation and maintenance, Political leaders believe the proposed rule is insufficient for dealing with degradation of shellfish growing areas and marine coastline issues in areas like South Hood Canal. The State Board of Health had been urged through public testimony to take on the issue of nitrogen loading of Puget Sound, While this might be a complex environmental issue with human contribution, aside from the pollution of shellfish beds it is not, by most analyses, a human health issue, Compared to the collection of other environmental factors that are adding nitrogen to the water, the human contribution is relatively small. Failing septic systems were thought to contribute 60% of the 8% of human contribution to nitrogen loading, The biggest factor is atmospheric nitrogen deposition. Given the amount of shoreline, this issue is something the Board of Health should track carefully, Some of the proposals circulating are to move to more of an operating permit for the O&M program, at least for certain designated areas where there is a significant watershed or marine shoreline impact. However, since those counties that have tried this approach have not had positive experiences (notably Thurston County), this would have a dominant influence on the State Board of Health, There is support for making this a multi -jurisdictional effort and education is preferred over enforcement. Dr. Locke said the Board might want to consider supporting or not supporting this in October, He would continue to bring information to the Board as draft language is proposed, Commissioner Huntingford asked to see some comparisons between what is being proposed and what we are currently doing, He believes Jefferson County is already complying in many ways- higher levels of treatment, protection of shellfish beds and against seawater intrusion, Dr. Locke agreed that although Jefferson County is already using the new rules on O&M, many are saying they are not restrictive enough, Chairman Titterness said it appears that analysis being done by different agencies is coming up with different calculations, The State Board might want to look at the conflict of the Growth Management Act by not addressing infrastructure versus the need to do this kind of treatment to remove the nitrates, He referred to the Sequim water treatment facility and eluded that rather than operating permits there might be other kinds of incentives, Commissioner Rodgers recommended focusing on areas that have the largest impact. He also spoke about the presentation by the Sequim Director of Public Works and how their new treatment process has helped shellfish beds, Dr. Locke said he understands the Board is not in favor of operating permits, With the momentum for the operating permits to go through the legislature, he agreed to draft some ofthese ideas into a letter. Chairman Titterness agreed that a letter from this Board to the State Board of Health might be appropriate, HEALTH BOARD MINUTES - July IS, 2004 Page: 7 Environmental Health Director Recruit Update: Dr. Locke reported that the acting Environmental Health Director, Dave Christensen, has withdrawn his application for the position. Mr. Christensen has accepted a position with the Hood Canal Coordinating Council, resigning his position with the Department of Natural Resources, Another qualified applicant has been found and job offer was extended, The individual would begin August 9, ACTIVITY UPDATE/OTHER ANNOUNCEMENTS Dr. Locke reported that the Food Safety Code is also up for review and adoption, AGENDA PLANNING/ ADJOURN The meeting was adjourned at 4:25 p,m, The next meeting will be on August 19,2004 at 2:30 p,m, in the Conference Room of the Jefferson County Health Department. JEFFERSON COUNTY BOARD OF HEALTH ~ Dan Titterness, Chairman /~d~~ ~~~ (Excused Absence) Sheila Westerman, Me J2L / , Glen Huntmgfor LEGAL NOTICE Please publish one (1) time: Wednesday, June 30, 2004 Bill: Jefferson County Health & Human Services C/o Dave Christensen 615 Sheridan Port Townsend, W A 98368 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing is scheduled by the Jefferson County Board of Health for THURSDAY, July 15,1004 beginning at 1:30 p.m. in the main conference room at Jefferson County Health & Human Services, 615 Sheridan Street, Port Townsend, W A, to take comments for and against a proposed ordinance entitled "Solid Waste Regulations", The Ordinance, as proposed, can be summarized by its section titles, which are as follows: 1, Authority 2, Purpose 3, Applicability and Exemptions 4, Definitions 5, Authority and Responsibility of Health Officer 6, Owner, Operator, and Occupant Responsibility for Solid Waste 7, Unlawful Dumping, Depositing or Burning 8, Permits 8,1 Permit Required 8,2 Permit Applications 8,3 Permit Issuance 8,4 Permit Renewal 8.5 Department of Ecology Review 8,6 Permit Fees 8,7 Permit Conditions 8,8 Permit Suspension 9, Placement of Solid Waste During Emergencies 10, Inspections and Searches 11, Fee Schedule 12, Civil and Criminal Penalties 13, Performance of Work, Abatement and Liens 14, Hearings and Appeals 15, Waivers to this Chapter 16, Variances to Chapter 173-350 WAC 17, Conflict 18, Severability The full text of the regulation will be mailed upon request by contacting the Jefferson County Environmental Health Office at 615 Sheridan Street, Port Townsend, WA 98368 or (360) 385- 9444, JEFFERSON COUNTY BOARD OF HEALTH \\Dan Tittemess, Chairman Dmft JEFFERSON COUNTY BOARD OF HEALTH ORDINANCE NUMBER 2004- SOLID WASTE REGULATIONS Draft Solid Waste May 2004 Effective Date nunldd/04 1 II lDlralJRt June 2004 Pertaining to the Management of Solid Waste TABLE OF CONTENlS Section 1, 2, 3, 4, 5, 6, 7, 8, 8,1 8,2 8,3 8.4 8.5 8,6 8,7 8,8 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, Section Title Authority Purpose Applicability and Exemptions Definitions Authority and Responsibility of Health Officer Owner, Operator, and Occupant Responsibility for Solid Waste Unlawful Dumping, Depositing or Burning Permits Permit Required Permit Applications Permit Issuance Permit Renewal Department of Ecology Review Permit Fees Permit Conditions Permit Suspension Placement of Solid Waste During Emergencies Inspections and Searches Fee Schedule Civil and Criminal Penalties Performance of Work, Abatement and Liens Hearings and Appeals Waivers to this Chapter Variances to Chapter 173-350 WAC Conflict Severability Draft Solid Waste May 2004 Effective Date nunldd/04 2 II Page 3 3 3 4 6 7 7 9 9 9 10 10 11 11 11 12 12 12 13 13 14 14 14 15 15 15 Dlt'Slft Code Pertaining to the Management of Solid Waste 1. Authority 1,1 These regulations have been adopted by the Jefferson County Board of Health under the authority of Article XI, Section 11 of the Washington State Constitution, Chapter 70,05 Revised Code of Washington (RCW), Chapter 70,95 RCW and, Chapter 70,93 RCW, 1,2 The Jefferson County Board of Health retains the authority to hold hearings, adopt findings and decide cases as authorized under the laws of the State of Washington, 1.3 The Board may appoint a Hearing Officer to hold hearings and decide cases or make recommendations for decisions, as determined by the Board and stated in the letter of appointment by the Board, 2. Purpose The purpose of these regulations is to prevent, control, mitigate, and correct the health hazards; nuisances, and the air, water, and land pollution associated with the disposal of solid wastes, and to achieve compliance with Chapter 173-350-700 (2) WAC. 3. Applicability and Exemptions 3,1 These regulations shall apply to all persons and in all territory within the boundaries of Jefferson County, except actions by persons on lands under the jurisdiction of the Federal Government or recognized Native American Nations and Tribes, 3,2 Chapter 173-304 WAC, Chapter 173-350 WAC, Chapter 173-351 WAC, shall be enforced by the Health Officer as applicable, 3,3 These regulations are intended to allow the Health Officer all of the authority needed to implement and enforce the regulation of solid waste in Jefferson County, All valid statutes and regulations that apply to the regulation and management of solid waste in Washington State may be employed by the Health Officer when he or she has cause to do so, 4. Definitions Draft Solid Waste May 2004 Effective Date nunldd/04 3 DratiRt 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, Board of Health: or "the Board", the Jefferson County Board of Health, Commercial Dumping: The dumping or depositing of commercially generated solid waste, Construction Waste: Non-dangerous solid waste, largely inert waste, generated as the result of construction of buildings, roads, and other man-made structures, Construction waste consists of, but is not limited to: concrete, asphalt, brick, rock, wood and masonry, composition roofing and roofing paper, shakes, shingles, plastic and paper wrappings, plastic pipe, fiberglass insulation, carpeting, floor tile, glass, steel, and minor amounts of other metals, Container: A portable device used for the collection, storage, and/ or transportation of solid waste including, but not limited to: re-useable containers, disposable containers, and detachable containers, County: Jefferson County, Washington Demolition Waste: Non-dangerous solid waste, largely inert waste, resulting from the demolition or razing of buildings, roads and other man-made structures, Demolition waste consists of, but is not limited to: concrete, asphalt, brick, rock, wood and masonry, composition roofing and roofing paper, shakes, shingles, plastic pipe, fiberglass insulation, carpeting, floor tile, glass, steel, minor amounts of other metals, and incidental amounts of clean soil associated with these wastes, Plaster (i.e" sheet rock or plaster board), yard wastes, stumpage, or any other materials that are likely to produce gases or leachate during the decomposition process are not considered to be demolition waste for the purposes of this definition, Additionally, an item of waste having exterior dimensions (height + length + depth) in excess of 72 inches, waste items such as appliances, and asbestos-containing materials are not considered to be demolition waste for the purposes of this regulation, Department, or Jurisdictional Health Department: the Jefferson County Health and Human Services Department, Drop Box Facility: A facility used for the placement of a detachable container, including the area adjacent for necessary entrance and exit roads, unloading and turnaround areas, Drop box facilities normally serve the general public with loose Draft Solid Waste May 2004 Effective Date mm/dd/04 4 Drlalft loads and receive waste from off-site, Drop box facilities may also include containers for separate or mixed recyclables, which need to be clearly labeled, Ecology: the Washington State Department of Ecology. Health Officer: the Jefferson County Health Officer as defined in RCW 70,05,010 and RCW 70,05,050, and/ or his or her authorized representative, Hearing Officer: the person authorized by the Health Officer to conduct appeal hearings, or permit hearings, and to make findings and decisions from those hearings, megal Dumping: Any dumping or depositing of any type of solid waste in violation of this Chapter or in violation of any applicable state law, state regulation or County Ordinance, Litter: All waste material including, but not limited to: disposable packages or containers thrown or deposited as herein prohibited, and solid waste that is illegally dumped, but not including the wastes of the primary processes of mining, logging, saw-milling, farming, or manufacturing, This definition of "Litter" includes the material described in subsection 13 as Potentially Dangerous Litter, Moderate Risk Waste (MRW): Solid waste that is limited to Conditionally Exempt Small Quantity Generator (CESQG) Waste and Household Hazardous Waste (HHW) as later defined in this regulation, MRW Facility means a solid waste handling unit that is used to collect, treat, recycle, exchange, store, consolidate, and/ or transfer Moderate Risk Waste, This does not include mobile systems and collection events or limited MRW facilities that meet the applicable terms and conditions of Chapter 173-350 W AC-360 (2) or (3), Notice and Order to Correct Violation: NOCV: This is an official notice sent by the Department to the alleged violator, notifying him or her of the violation, and laying out a timeframe for correction, Nuisance: A condition created by unlawfully performing an act, or failing to perform a legal requirement, 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 any property, and any other act or omission by a person or business entity that constitutes a nuisance according to state law, Draft Solid Waste May 2004 Effective Date mmldd/04 5 Dmfl Person: Any individual, corporation, company, association, society, firm, partnership, joint stock company, other form of business entity, any branch of federal, state, or local government or any other entity, Potentially Dangerous Litter: Material that is likely to injure a person or cause damage to a vehicle or any other real property. This includes, but is not limited to: 1. Cigarettes, cigars or other tobacco products that are capable of starting a fire; 2, Glass; 3, A container or other product made primarily of glass; 4, A hypodermic needle or other instrument designed to cut or pierce; 5. Raw human waste, including soiled diapers, regardless of whether the waste is in a container of any sort; and, 6, Nails or tacks, Problem Wastes: 1. Any solid material removed during a remedial action, a dangerous waste site closure, other cleanup efforts, or other actions, which contain hazardous substances, but are not designated" 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 Oean 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, Solid Waste: All putrescible and non-putrescible solid and semi-solid wastes including, but not limited to: garbage, rubbish, ashes, industrial wastes, swill, construction and demolition wastes, land clearing wastes, abandoned vehicles or parts thereof (including waste tires), and discarded commodities, This includes all solid and semi-solid materials that are not the primary products of public, private, industrial, commercial, mining and agricultural operations, Municipal sewage sludge or septage is a solid waste when placed in a municipal solid waste landfill subject to the requirements in Chapter 173-351 WAC, (Criteria for Municipal Solid Waste Landfills), Chapter 173-308 WAC, (Biosolids Management), and a solid waste handling permit issued by the Health Officer, Draft Solid Waste May 2004 Effective Date mmldd/04 6 mmft Solid Waste Handling: The management, storage, collection, transportation, treatment, utilization, processing, and final disposal of solid waste, including the recovery and recycling of materials from solid wastes, the recovery of energy resources from solid wastes or the conversion of the energy in solid wastes to more useful forms, or combinations thereof. Vector: A living animal, including, but not limited to, insects, rodents, and birds, which is capable of transmitting an infectious disease from one organism to another, 5. Authority and Responsibility of the Health Officer 5,1 The Health Officer of Jefferson County shall have the authority and responsibility to implement and enforce these regulations as stated in Chapter 70,05 RCW, Chapter 70,95 RCW, Chapter 173-351 WAC, and Chapter 173-304 unless repealed or superseded by Chapter 173-350 WAC. 5,2, The Health Officer shall have the authority to take action or bring any legal proceeding as stated in RCW 43,70,190, including, but not limited to the special proceedings authorized in Title 7, RCW (Special Proceedings and Actions), 5,3 The Health Officer, with the approval of the Board of Health, andf or the Board of County Commissioners, may contract with Ecology to assume responsibility and authority for all or part of Chapter 70,93 RCW, as stated in RCW 70,93,050, The Health Officer, subject to approval of the Board, shall also have the authority to negotiate a contract with Ecology dividing or sharing responsibilities with other entities as allowed by RCW 70,93,050, 5.4 The Health Officer and any Jefferson County department named in a contract, or inter-local agreement as in section 5,3 above, shall have authority to enforce the requirements and levy the penalties cited in RCW 70,93,060, according to the terms of the contract, Citations shall be adjudicated as required by Title 7, RCW ("Special Proceedings and Actions"), 6. Owner, Operator and Occupant Responsibility for Solid Waste 6.1 The owners of any property, premises, business establishment, or industry shall be responsible for the legal and satisfactory arrangement for the proper handling and disposal of all solid waste generated or accumulated by them on the property, Putrescible solid waste and any waste that attracts vectors shall be stored in watertight containers with lids securely fastened, 6,2 The operators, occupants, or tenants of any property, premises, business establishment, or industry shall be responsible for the legal and satisfactory arrangement for the solid waste handling of all solid waste generated or Draft Solid Waste May 2004 Effective Date mmldd/04 7 Dmillt accumulated by them on the property. Putrescible solid waste and waste that attracts vectors shall be stored in watertight containers with lids securely fastened, 6.3 It shall be unlawful for persons to allow or permit solid waste to be deposited on or to remain on property or premises under their control without a permit as required by this Chapter. The Health Officer is authorized to require the owners, operators, occupants, tenants or other persons responsible for solid waste handling to abate illegal dumping or disposal maintained on property under their control, as part of a "Notice and Order to Correct Violation (NOCV)" issued because of these regulations or other actions permitted by law, 7. Unlawful Dumping, Depositing or Burning 7,1 Violations and Exemptions, It shall be a violation of these regulations for any person to dump or deposit or permit the dumping or depositing of any solid waste onto or under the surface of the ground or into the waters of the state except at a facility that is permitted to accept the solid waste: (a) PROVIDED, that this Chapter does not apply to the facilities, activities and wastes cited in WAC 173-350-020, "Solid Waste Handling Standards", when those facilities, activities and wastes are in compliance with applicable standards and legal requirements, and there has not been a violation of the performance standards as discussed in WAC 173-350-040, or a health hazard or nuisance has not been created, (b) The exemptions in section (a) above that may be applied to single family residences or family farms is limited to twelve (12) cubic feet for any single family residence lot or twelve (12) cubic yards per five (5) acres on acreage tracts to accumulate no more than twenty-five (25) cubic yards per single family residence or family farm, (c) If any owner or operator of any solid waste facility, or exempt facility or activity as cited in WAC 173-350-020 fails to comply with the performance standards in WAC 173-350-040, the Health Officer may initiate any action authorized by or cited in this Chapter, 7.2 Presumption, Whenever solid waste dumped in violation of Section 7,1 of this regulation contains three (3) or more items bearing the name of one individual, there shall be a rebuttable presumption that the individual whose name appears on such items committed the unlawful act of solid waste dumping, 7,3 Burning of Solid Waste Prohibited, It shall be a violation of these regulations for any person to bum solid waste in violation of Chapter 173-425 WAC and the regulations of the Olympic Region Clean Air Agency. It shall be a violation of this regulation for any person to cause or allow any open fire containing prohibited materials which include, but are not limited to: garbage, dead animals, petroleum products, paints, rubber products, plastics, paper (other than what is necessary to Draft Solid Waste May 2004 Effective Date mm/dd104 8 Drffift start a fire), cardboard, treated wood, processed wood, construction debris, metal or any substance which, when burned, releases toxic emissions, dense smoke or obnoxious odors, 7.4 Disposal Service Required. When a person does not dispose of solid wastes in a manner consistent with these regulations, the Health Officer may order said person to obtain ongoing and regularly scheduled solid waste collection service if said person does not already have this service and if a solid waste collection service exists or is offered in the geographic area where the person resides, If said person does not have this service and resides in a geographic area where a single solid waste collection service operates exclusively under covenant or ordinance as required by local government, and said service is mandatory for persons residing within the jurisdiction of the local government, the Health Officer may schedule ongoing regularly scheduled service for said person with this solid waste collection service, If service is cancelled through nonpayment, it will be deemed a violation of this paragraph, 7.5 Disposal Receipts Required, Any person in violation to whom a "Notice and Order to Correct Violation (NOCV)" has been issued is required to produce receipts from a permitted solid waste disposal, recycling and/ or reclamation facility or solid waste transporter to demonstrate compliance with the NOCV issued by the Department. 8. Permits 8.1 Permit Required, No solid waste disposal site or facility in Jefferson County shall be maintained, established, substantially altered, expanded, or improved until the county, city or other person operating or owning such site or facility has obtained a permit from the Department, 8,1,1 Only persons complying with these regulations, Chapter 173-350 WAC, Chapter 173-351 WAC, the Jefferson County Comprehensive Solid Waste Management Plan (JCCSWMP), applicable county/city ordinances, and the conditions of the issued solid waste permit shall be entitled to receive or maintain such a permit. 8,1.2 The Health Officer may require a permit, or take other enforcement action, for any site or facility handling fifty (50) cubic yards or more of any solid waste as stated in Chapter 173-350-020 WAC, if the handling of the solid waste at the site or facility poses risk of environmental degradation (including, but not limited to: surface or ground water pollution, air pollution or methane generation) or has potential impacts on public health, 8.2 Permit Applications Draft Solid Waste May 2004 Effective Date mrn/ddJ04 9 DJr1dtft 8,2,1 Applications for new or expanded solid waste disposal sites or facilities shall be submitted on a form approved by the Health Officer in accordance with Chapter 173-350 WAC and! or Chapter 173-351 WAC. Filing shall not be complete until the Department has received: (a) two copies of the completed application and attachments signed by the property owner and applicant, (b) the Department has evaluated application materials to ensure all required information has been included, (c) the applicant has filed an environmental checklist required under the State Environmental Policy Act (SEPA) rules, Chapter 197-11 WAC, completed all hearing requirements of County SEP A and land-use regulations, and (d) the applicant has paid all applicable review fees, 8.2.2 Permit applications for solid waste facilities shall be prepared by a licensed civil or sanitary engineer with experience in the areas necessary for submitting acceptable solid waste designs and specifications, Applications shall comply with the requirements of Chapter 173-350-710 WAC and Chapter 173-350-715 WAC. The Health Officer may exempt certain solid waste facilities from the engineering design requirements depending upon the nature and type of solid waste material handled, 8,2,3 The Health Officer may request additional information if it is deemed necessary for consideration of an application. The permit application shall not be considered complete, and the ninety (90) day review period started until all required and requested information as required by WAC 173-350-700(1 )(a) and WAC 173- 350-715 has been received by the Department. 8,2,4 When the application is complete, the Department shall forward one copy of the complete application to Ecology for a forty-five (45) day review, as discussed in WAC 173-350-710(1)(c)(i), 8,2,5 Every completed solid waste permit application shall be approved or disapproved within ninety (90) days after its receipt by the Department or the applicant shall be informed as to the status of the application, 8.3 Permit Issuance 8,3.1 The Health Officer may issue a permit for a period of up to five years when it has been determined that the facility meets the requirements of these regulations and all other applicable laws and regulations, conforms with the approved JCCSWMP, and complies with applicable county! city ordinances, The initial period of validity shall be determined by the Health Officer, and may be based on the Health Officer's need to determine adequacy of compliance with permit conditions or may be based on the stages of development of the solid waste facility, or other aspects of the permitted facility, Draft Solid Waste May 2004 Effective Date mmlddl04 10 ][)Jrffift 8,3,2 Permit issuance shall comply with Chapter 173-350 WAc-no (2) and, Chapter 173-351 WAC, or Chapter 173-304 WAC, as applicable. Permits will be valid from February 1 through January 31 sl of each calendar year, 8,3,3 Post-closure permits shall comply with Chapter 173-350 WAC, WAC 173-351, and all conditions contained in the post-closure plan, 8,3,4 The permit shall be displayed at the solid waste facility at all times of operation, 8.4 Permit Renewal 8.4.1 The owner or operator of a facility shall apply for renewal of the facility's permit thirty (30) days prior to permit expiration, in accordance with Chapter 173- 350-710 WAC, Chapter 173-351 WAC, or Chapter 173-304 as applicable, and these regulations, Previous information submitted to the Department may be referred to on the application forms, Changes in operating methods or other changes must be noted on the application in order to be authorized by permit, unless the changes in operating methods are at the direction of the Health Officer, 8,4,2 The renewal application will be reviewed for compliance with these regulations and all other applicable regulations, Other information from inspections, complaints, or known changes in the operations will also be reviewed, 8,4,3 Every completed solid waste permit renewal application shall be approved or disapproved within forty five (45) days after its receipt by the Department, or the applicant shall be informed as to the status of the application, 8.4.4 Any facility not in complete conformance with these regulations or any other applicable regulations may be made subject to a Performance Contract, 8.4.5 All facilities subject to post-closure permits and conditions are also subject to modification if site conditions or monitoring results indicate the need for changed permit conditions, 8.5 Department of Ecology Reviews. All solid waste facility permits issued or renewed will be forwarded within seven days of issuance to the Department of Ecology for a thirty (30) day review, Upon review, Ecology may appeal the Department issuance or renewal of a solid waste facility-operating permit to the State Pollution Control Hearings Board, as stated in RCW 70,95,185 and RCW 70,95,190. 8.6 Permit Fees. Draft Solid Wasle May 2004 Effective Date mm/ddl04 11 Dralft 8.6,1 An annual permit fee shall be charged as specified in the fee schedule adopted by the Jefferson County Board of Health, 8,6.2 Facilities that continue operation past January 31st of the permit year without having paid all required fees shall be considered a) not to have a valid permit, b) may be considered in violation of this regulation and/ or c) may be ordered closed by the Health Officer, 8.6,3 Facilities monitored under a post-closure permit shall pay annual fees as required by the adopted fee schedule, 8.7 Permit Conditions 8,7,1 Each permit issued by the Department may include conditions set by the Health Officer, The conditions of the permit shall assure that the permitted facility conforms with the purpose and objectives of this regulation, 8,7,2 The conditions that may be set by the Health Officer include, but are not limited to: (a) compliance schedules (b) types and quantities of wastes accepted; (c) operating procedures; (d) scheduling and hours of operation; (e) types and frequency of any environmental monitoring; (f) addition of pollution control and reduction systems; (g) other relevant conditions that have been identified by the SEP A compliance review process; (h) conditions based on the inspection of the facility or the review of the facility at the time of permit renewal; and (i) conditions based on the results of required facility environmental monitoring data, 8,7,3 The conditions under which the permit is granted shall be specified in writing and shall be in addition to applicable regulations and approved operating plans and specifications included in the solid waste application, In the absence of any additional conditions set forth by the Health Officer, the approved operating plans and specifications shall constitute the conditions of the solid waste facility operating permit. 8.8 Permit Suspension The Health Officer may suspend all or part the activity permitted by a solid waste permit upon discovery of actions or physical conditions that are a violation of these regulations, state solid waste laws, or the conditions of the issued permit, Draft Solid Waste May 2004 Effective Date mmlddl04 12 DrS1ft 9, Placement of Solid Wastes During Emergencies 9,1 Upon request, the Health Officer may allow the transportation and storage of solid wastes to a location approved by the Health Officer during or after an emergency, The materials that may be so placed include building materials and foundations, utility pipes, wires, materials from roads and bridges, materials from floods or landslides or other geologic events, materials from fires or explosions, or other materials as determined by the Health Officer, 9,2 The purpose of allowing this emergency transportation and storage is to allow the clean up or restoration of critical community facilities in a timely fashion while reserving the right to make further changes at a later time, 9,3 The Health Officer may limit the nature and quantity of materials so placed in order to prevent health hazards, nuisances or other issues cited in these regulations, 9.4 The Health Officer may require the subsequent removal or relocation of any materials found to be unsuitable for long-term storage or disposal on the originally approved location, 10. Inspections and Searches 10,1 Inspections and Searches of Permitted Facilities, All facilities that have applied for a solid waste permit or have received a solid waste permit have by accepting the permit consented to and are subject to inspection by the Health Officer without notification, These inspections are necessary to determine compliance with permit conditions, and to prevent the hiding or burying, or improper destruction of materials subject to those conditions, The Health Officer may enter and inspect and take samples at any such facility or location, private or public, at any reasonable time or during the facility's regular business hours to determine compliance with legal, permit, or environmental conditions, For this purpose, facilities include all real property, buildings, equipment, vehicles, storage containers, and structures related to waste handling, and all records, both print and electronic, that are related to the reception, storage, handling or disposition of solid waste materials, 10,1,1 The Health Officer may require that solid waste permit applicants or permit holders produce records for inspection, 10,1.2 The Health Officer shall notify all applicants for solid waste permits and all holders of solid waste permits that they are subject to inspection as in section (1) above, A similar notice shall be included in all issued solid waste permits, 10,1,3 The Health Officer may only release records to the public when such release is in compliance with Chapter 42,17 RCW, Draft Solid Waste May 2004 Effective Date mm1ddl04 13 IDmifu 10,2 Obtaining a Search Warrant. If the Health Officer is refused entry to any facility as in 10,1 above, he or she may seek and obtain a search warrant from a court of competent jurisdiction, A non-specific search warrant may be issued by the court because of the extremely variable nature of solid waste and because solid waste disposal is a pervasively regulated industry, 10,3 Inspections and Searches Not Associated with Permitted Facilities, The Health Officer may view and inspect the areas outside the buildings of private or public property at any reasonable time when he or she has cause to believe that a violation of these regulations has occurred or is occurring, Said viewing and inspecting must occur from a public right-of-way or from an adjacent property if the owner or occupier of that adjacent property has given his, her or its consent. 10,3,1 The Health Officer may inspect any location on property or premises, including, but not limited to, the interiors of buildings or structures, when granted permission by the property owner or person in control of the property or having obtained and presented a valid search warrant issued by the court. The Health Officer may seek and the court may issue a search warrant based on probable cause that a violation exists without first seeking voluntary permission for access or entry, 11. Fee Schedule The Board of Health shall adopt a fee schedule and revise as needed, covering the permit and service categories relevant to the solid waste program, Categories shall include, but not be limited to: permits, penalties, waivers, services, and appeals, 12. Civil and Criminal Penalties 12,1 Civil infractions shall be imposed pursuant to Chapter 7,80 RCW, Chapter 70,93 RCW, Chapter 70,95 RCW, Chapter 173-350 WAC, and Chapter 173-351 WAC, and these regulations, Appeals to such citations shall be in the appropriate court, i.e" either the Jefferson County District Court or the Jefferson County Superior Court, according to which court has jurisdiction, All lawful enforcement options, including judicial solutions, may be used to enforce state law or regulation or any local ordinance as stated in the Tefferson County Policy on Complaint Review and Enforcement. Resolution No 42-03, 12,2 The Health Officer shall work cooperatively with the Washington State Department of Ecology, the Jefferson County Sheriff and the Jefferson County Code Enforcement Officers to implement the enforcement in section (1) above, 13. Performance of Work, Abatements and Liens Draft Solid Waste May 2004 Effective Date mm/dd/04 14 Dr21ft Failure to comply as directed by an order of the Health Officer may result in efforts by the Health Officer to mitigate actual or potential health risks, environmental risks or public nuisances by: 13,1 performing necessary corrective work and billing the cost of that work to the violator (or the violator's heirs or assigns) at established rates; or, 13,2 contracting with qualified firms or persons to perform said work or any combination of 13,1 and 13,2, Billings for work performed under this Section shall be sent to the violator and payment is required within thirty (30) days, If a bill is not paid within the given time period, the County Assessor may be directed to attach this bill to the property as a special assessment with the same priority as real estate taxes and with the same ability on the part of the County to foreclose, Final settlement of this lien may include interest of 8% per annum on the lien amount. 14. Additional Health Hazards and Solid Waste Deposits - Abatement, Control or Reduction -- Summary Action - Recovery of Costs. (1) The owner of land where a health hazard or an illegal solid waste accumulation exists and the person responsible for the existence of a health hazard or illegal solid waste accumulation shall take reasonable measures to reduce the dangers associated with the health hazard or solid waste accumulation from the area and may abate the hazard by actions approved by the Health Officer, (2) The Department shall use these regulations and existing solid waste and litter control laws when directing a person responsible to abate an accumulation of solid waste. (3) The owners or persons responsible for the existence of the health hazard or solid waste accumulation are required to abate, control or reduce the hazard. The duty to abate, control, or reduce, and liability under this, arises upon creation of the health hazard or illegal solid waste accumulation, Liability shall include, but not be limited to, all enforcement and administrative expenses incurred by the Department, regardless of cause, (4) If the owner or person responsible for the existence of the health hazard or illegal solid waste accumulation subject to these regulations refuses, neglects, or unsuccessfully attempts to abate, control, or reduce the same, the Department may summarily abate, control, or reduce the health hazard or remove the solid waste accumulation as required by these regulations and recover two times the actual cost thereof from the owner or person responsible, The Department's reserve account monies may be used for this purpose, when available, Monies recovered by the Department pursuant to these regulations shall be returned to the Health Department reserve account. (5) Such costs shall include all salaries and expenses of people and equipment incurred therein, including those of the Department, All such costs may also be a Draft Solid Waste May 2004 Effective Date mm1dd/04 15 Dmft lien upon the land enforceable in the same manner with the same effect as a mechanic's lien, (6) The summary action may be taken only after twenty-one (21) days' notice in writing has been given to the owner or reputed owner of the land on which the health hazard or illegal solid waste accumulation exists. The notice shall include a suggested method of abatement and estimated cost thereof. The notice shall be by personal service or by registered or certified mail addressed to the owner or reputed owner at the owner's last known place of residence, (7) Billings for work performed under these regulations shall be sent to the violator and payment is required within thirty (30) days, If a bill is not paid within the given time period, the County Assessor may be directed to attach this bill to the property as a lien, Final settlement of this lien shall include interest of eight percent (8%) per annum on the lien amount. 15. Hearings and Appeals The Health Officer will act as the Hearings Officer or will appoint a delegate to the position. (a) (1) Appeal of Solid Waste Permit Decisions, Any solid waste permit applicant or owner of property on or for which a solid waste permit has been submitted or issued, or a person whose property is adjacent to property subject to the solid waste permit, or other person who is aggrieved by a permit issuance, permit denial, permit suspension, or action by the Health Officer, shall have the right to appeal the matter and have a hearing before a Hearings Officer authorized by the Board to conduct such hearings, Any such appeal must be made within ten (10) days of service of the NOCV, Abatement Order or other lawful notice to the owner, occupier or operator, The appeal will conform to the requirements of WAC 173-350 and these regulations, The decision of the Hearmg Officer regarding solid waste permits or notice or order may be appealed to the Board of Health, Any action to review the Hearing Officer's decision must be filed within thirty (30) days of the date of the decision, Except for conditions causing risks to human health or safety, appeals shall act as a stay of the Health Officer's decision or order, Hearing Officer Administrative Hearing, Any person aggrieved by a permit decision or notice or order of the Health Officer may request, in writing, a hearing before the Hearing Officer. The appellant shall submit specific statements in writing of the reason why error is assigned to the decision of the Health Officer, Such request shall be presented to the Hearing Officer within ten (10) days of the action appealed, Upon receipt of such request, together with any applicable hearing fees, the Hearing Officer shall notify the appellant, and permit holder or applicant, if different from the appellant, in writing of the time, date, and place of such hearing, which shall be set at a mutually convenient time not less than twenty (20) days nor more than fifty (50) days from the date the request was received, The Hearing Officer will Draft Solid Waste May 2004 Effective Date mm/dd/04 16 Drailltt issue a decision affirming, reversing, or modifying the Health Officers decision, which has been appealed, The Hearing Officer may require additional actions as part of the decision, (b) Hearing Procedures, Hearings shall be open to the public and presided over by the Hearing Officer, Such hearings shall be recorded. Hearings shall be opened with a recording of the time, date and place of the hearing and a statement of the cause for the hearing, The Hearing Officer shall then swear in all potential witnesses, The case shall be presented in the order directed by the Hearing Officer, The appellant may present rebuttal. The Hearing Officer may question either party. The Hearing Officer may allow for a closing statement or summation, General rights include: (i) To be represented by an attorney; (ii) To present witnesses; (Hi) To cross-examine witnesses; (iv) To object to evidence for specific grounds. In the conduct of the proceeding, the Hearing Officer may consider any evidence, including hearsay evidence that a reasonably prudent person would rely upon in the conduct of his or her own affairs, Evidence is not admissible if it is excludable on constitutional or statutory grounds or on the basis of evidentiary privilege recognized in the courts of this state, The Hearing Officer shall decide rulings on the admissibility of evidence, and the Washington State "Rules of Evidence" shall serve as guidelines for those rulings but need not be strictly followed. (c) Record. Inasmuch as any appeal to the Board of Health from a Hearing Officer's decision is a review on the record, the Hearing Officer shall ensure that the record generated contains all testimonial and documentary evidence supporting the Hearing Officer s issuance of the hearing decision, The Hearing Officer may continue the hearing to another date to allow for additional submission of information or to allow for additional consideration, The Hearing Officer shall issue his/her oral ruling on/ or before the tenth business day after the hearing closes, The appellant shall bear the burden of proof and may challenge the permit decision based on the preponderance of the evidence, (d) Appeals, Any decision of the Hearing Officer shall be final and may be reviewable by an appeal filed with the Board of Health, Any action to review the Hearing Officer's decision must be filed within thirty (30) days of the date of the decision, (2) Appeal of Decision of the Hearing Officer Regarding Solid Waste Permits. (a) Any solid waste permit applicant or owner of property on or for which a solid waste permit has been submitted or issued, or a person whose property is adjacent to property subject to the solid waste permit, or other person who Draft Solid Waste May 2004 Effective Date mrnIdd/04 17 DralJ11t is aggrieved by a permit issuance, permit denial, permit suspension, or action by the Health Officer, or aggrieved by the findings, conclusions or orders of the Hearing Officer shall have the right to appeal the matter by requesting a hearing before the Board of Health, Such notice of appeal shall be in writing and presented to the clerk of the Board of Health within thirty (30) days of the Hearing Officer's decision. The appellant shall submit specific statements in writing of the reason why error is assigned to the decision of the Hearing Officer, (b) The decisions of the Hearing Officer shall remain in effect during the appeal, Any person affected by the solid waste permit decision may make a written request for a stay of the decision to the Hearing Officer within five (5) business days of the Hearing Officer's decision, The Hearing Officer will then grant or deny the request within five (5) business days, (c) Upon receipt of a timely written notice of appeal, the clerk of the Board of Health shall set a time, date, and place for the requested hearing before the Board of Health and shall give the appellant written notice thereof, Such hearing shall be set at a mutually convenient time not less than twenty (20) days or more than fifty (50) days from the date the appeal was received by the clerk of the Board of Health unless mutually agreed to by the appellant and clerk of the Board of Health, (d) Board of Health hearings shall be open to the public and presided over by the Chair of the Board of Health. Such hearings shall be recorded, Board of Health hearings shall be opened with a recording of the time, date and place of the hearing and a statement of the cause for the hearing, The hearing shall be limited to argument of the parties and no additional evidence shall be taken unless, in the judgment of the Chair, such evidence could not have reasonably been obtained through the exercise of due diligence in time for the hearing before the Hearing Officer, Arguments shall be limited to the record generated before the Hearing Officer unless the Chair admits additional evidence hereunder, (e) Any decision of the Board of Health regarding the appeal of a decision by the Hearing Officer or the Health Officer relative to a solid waste permit shall be final and may be appealed to the Pollution Control Hearings Board pursuant to RCW 70,95,210, (3) Appeal to Hearing Officer of a Solid Waste Violation Not Associated with a Permitted Facility. (a) Stay of Corrective Action, The filing of a request for a hearing pursuant to this section shall operate as a stay from the requirement to perform corrective action ordered by the Health Officer while the hearing is pending, except there shall be no stay from the requirement for immediate compliance with an emergency order issued by the Health Officer or from the requirements regarding human health and safety, Draft Solid Waste May 2004 Effective Date mrn/dd/04 18 Dra!.ft (b) Hearing Officer Administrative Hearing, The owner or occupant of property on or for which a solid waste violation has been submitted or issued, or a person whose property is adjacent to property subject to the solid waste violation, or other person aggrieved by a notice and order to correct a violation may request, in writing, a hearing before the Hearing Officer, The appellant shall submit specific statements in writing of the reason why error is assigned to the decision of the Health Officer, Such request shall be presented to the Hearing Officer within ten (10) days of the action appealed, Upon receipt of such request, together with any applicable hearing fees, the Hearing Officer shall notify the person in writing of the time, date, and place of such hearing, which shall be set at a mutually convenient time not less than twenty (20) days nor more than fifty (50) days from the date the request was received. The Hearing Officer will issue a decision affirming, reversing, or modifying the "Notice and Order to Correct Violation", The Hearing Officer may require additional actions as part of the decision, (c) Hearing Procedures. Hearings shall be open to the public and presided over by the Hearing Officer, Such hearings shall be recorded, Hearings shall be opened with a recording of the time, date and place of the hearing and a statement of the cause for the hearing, The Hearing Officer shall then swear in all potential witnesses, The case shall be presented in the order directed by the Hearing Officer, The appellant may present rebuttal, The Hearing Officer may ask questions, The Hearing Officer may allow the opportunity for a closing statement or summation, General rights include: (i) To be represented by an attorney, (ii) To present witnesses, (iii) To cross-examine witnesses, (iv) To object to evidence for specific grounds, In the conduct of the proceeding, the Hearing Officer may consider any evidence, including hearsay evidence that a reasonably prudent person would rely upon in the conduct of his or her affairs. Evidence is not admissible if it is excludable on constitutional or statutory grounds or on the basis of evidentiary privilege recognized in the courts of this state, The Health Officer shall decide rulings on the admissibility of evidence, and the Washington "Rules of Evidence" shall serve as guidelines for those rulings, but need not be strictly followed, Inasmuch as any appeal to the Board of Health from a Hearing Officer's decision is a review on the record, the Hearing Officer shall ensure that the record generated contains testimonial and documentary evidence supporting the hearing officer's issuance of the "Notice and Order to Correct Violation", The Hearing Officer may continue the hearing to another date to allow for additional submission of information or to allow for additional consideration, Written findings of fact, conclusions of law and orders shall be served on the appellant within ten (10) business days of the oral ruling, The appellant shall Draft Solid Waste May 2004 Effective Date mmfdd/04 19 Dmft bear the burden of proof and may overcome the "Notice and Order to Correct Violation" by a preponderance of the evidence, (d) Appeals. Any decision of the Hearing Officer shall be final and may be reviewable by an appeal filed with the Board of Health, Any action to review the Hearing Officer's decision must be filed within thirty (30) days of the date of the decision, (4) Appeal of Decision of Hearing Officer Regarding Solid Waste Violation Not Associated with a Permitted Facility. (a) The owner or occupant of property on or for which a solid waste violation has been submitted or issued, or a person whose property is adjacent to property subject to the solid waste violation, or other person aggrieved by a NOCV may appeal the decision of the Hearing Officer by requesting a hearing before the Board of Health. Such notice of appeal shall be in writing and presented to the clerk of the Board of Health within thirty (30) days of the Hearing Officer's decision, The appellant shall submit specific statements in writing of the reason why error is assigned to the decision of the hearing officer, (b) The decisions of the Hearing Officer shall remain in effect during the appeal. Any person affected by the NOCV may make a written request ' for a stay of the decision to the Hearing Officer within five (5) business days of the Hearing Officer's decision, The Hearing Officer will grant or deny the request within five (5) business days, (c) Upon receipt of a timely written notice of appeal, the clerk of the Board of Health shall set a time, date, and place for the requested hearing before the Board of Health and shall give the appellant written notice thereof, Such hearing shall be set at a mutually convenient time not less than twenty (20) days or more than fifty (50) days from the date the appeal was received by the clerk of the Board of Health unless mutually agreed to by the appellant and the Board of Health. (d) Board of Health hearings shall be open to the public and presided over by the Chair of the Board of Health, Such hearings shall be recorded, Board of Health hearings shall be opened with a recording of the time, date and place of the hearing, and a statement of the cause for the hearing, The hearing shall be limited to argument of the parties and no additional evidence shall be taken unless, in the judgment of the Chair, such evidence could not have reasonably been obtained through the exercise of due diligence in time for the hearing before the Hearing Officer, Argument shall be limited to the record generated before the Hearing Officer unless the Chair admits additional evidence hereunder, (e) Any decision of the Board of Health regarding the Health Officer's actions not related to permitted facilities shall be final and may be reviewable by an action filed in Superior Court. Any action to review the Draft Solid Waste May 2004 Effective Date mm/dd/04 20 ' .- Draullt Board's decision must be filed within thirty (30) days of the date of the decision. 16. Waivers to Provisions of this Regulation Whenever a strict interpretation of provisions of this regulation, which are not required by Chapter 173-350 WAC, would result in extreme hardship, the Health Officer or an appointed Hearing Officer may waive the provision(s) causing extreme hardship in accordance with the provisions of this regulation, Provisions required under state laws or regulations may not be waived without written concurrence from the Department of Ecology or other applicable state agencies, 17. Variances to Chapter 173-350 WAC Any person who owns or operates a solid waste handling facility subject to a solid waste permit may apply to the Department for a variance as stated in Chapter 173- 350 W AC-710 (7), 18. Conflict Whenever a conflict between statutes, or regulations is discovered or is alleged, the Health Officer shall interpret the laws and conditions and shall take an action that protects public health and is the most compatible with this regulation, 19. Severability If any section of this regulation or its application to any particular person and/ or circumstance is held to be invalid, the remainder of this regulation and its application to other persons and/ or circumstances shall not be affected, Effective Date. The effective date of this regulation shall be July 15, 2004. ADOPTED this day of 2004 JEFFERSON COUNTY BOARD OF HEALTH JEFFERSON COUNTY HEALTH OFFICER Dan Titterness, Chair Thomas H, Locke, M.D, Date Date Drnft Solid Waste May 2004 Effective Date mm/dd/04 21