Chapter 8.15 SOLID WASTE DISPOSAL

Unless otherwise expressly provided in this article, the definitions found in RCW 70.95.030 and WAC 173-304-100 shall apply in interpreting this article.

(1) “Approval” or “approved” by the board or authorized designee means an approval given after all other necessary permitting processes have been completed, except the health board permit required by RCW 70.95.170 through 70.95.190, but no special duty to any permittee or third party is created by the terms of this article or any approval.

(2) “Board” means the Lewis County board of commissioners.

(3) “City” means any city or town that has entered the interlocal agreement (collectively, the “cities”).

(4) “County” means Lewis County.

(5) “County solid waste” means solid waste generated and collected in, or transported for purpose of disposal into, the unincorporated areas of the county.

(6) “Director” means the director of the Lewis County department of community development, or the alternate public official designated by the county to carry out the duties of the director pursuant to this article.

(7) “Disposal site” means a facility where any final treatment, utilization, processing, transfer or deposit of county solid waste occurs, and for which a permit is required pursuant to RCW 70.95.170 through 70.95.190. For purposes of this article, a transfer station or a drop box shall be deemed a disposal site.

(8) “District” means the solid waste disposal district no. 1 of Lewis County to be formed pursuant to the interlocal agreement and county ordinance.

(9) “Executive committee” means the executive advisory committee formed pursuant to the interlocal agreement.

(10) A “hauler” is a solid waste collection company that has either obtained a certificate of convenience and necessity pursuant to Chapter 81.77 RCW to serve any area of the county, or that has been granted a franchise to provide garbage and refuse collection service within any city.

(11) “Health Board” means the Lewis County health board or any successor agency charged with responsibility for issuing or renewing permits for solid waste disposal sites pursuant to RCW 70.95.170 through 70.95.190.

(12) “Interlocal agreement” means the interlocal agreement regarding Lewis County solid waste disposal district and flow control entered into, or to be entered into, by the county, the district and the cities, and all amendments to such agreement.

(13) “Operator” means any person with whom the district or the county contracts for the design, construction, ownership or operation of any disposal site or other solid waste handling facility.

(14) “Plan” means the Lewis County Comprehensive Solid Waste Management Plan, as it now exists and may be amended from time to time.

(15) “Separated waste” means the solid waste that remains after the removal of all recyclable material that is practicable to remove.

(16) “SWAC” means the Lewis County solid waste advisory committee.

(17) “Source separated” means the separating of different kinds of solid waste at the place where the waste is generated.

(18) “System” means the system of solid waste handling established by the county, including but not limited to strategies and programs for solid waste handling owned, operated or provided for by the county, either directly or by contract with the district or operators, and all administrative activities related thereto. The term “system” includes the district, all disposal sites and other facilities designated by the county for the disposal of solid waste, and the solid waste handling programs and facilities provided by the county and the district. [Res. 01-073, 2001*; Ord. 1157, 1998; Ord. 1123 § 1, 1992]

8.15.020 Purpose of article.

(1) The purpose of this article is to establish a comprehensive county-wide system that is adequate to handle all solid waste generated in incorporated and unincorporated areas of the county, and that will protect public health and safety; control the flow of county solid waste; prevent land, air, and water pollution; conserve and protect the natural resources and environment of the county; limit the potential liability of the county for improper disposal; and provide for disposal charges that are fair, just and reasonable. These purposes require that all county solid waste, except for waste exempted pursuant to LCC 8.15.080, be directed to certain disposal sites.

(2) To carry out this purpose, this article is adopted to regulate the establishment, operation and rates of all disposal sites that are located in the county and the disposal of county solid waste at disposal sites in and outside of the county.

(3) The county, pursuant to powers granted by law by this article exercises its authority to control disposal of all solid waste generated and collected within unincorporated areas of the county; to negotiate contracts with parties that operate disposal sites; and to permit cities to use county-owned disposal sites, and other disposal sites upon terms to be negotiated between the county and the owner or operator of such other sites. [Ord. 1157, 1998; Ord. 1123 § 2, 1992]

8.15.030 System of solid waste handling.

(1) Pursuant to RCW 36.58.040, this article establishes a system of solid waste handling for all solid waste generated and collected in, or transported for disposal purposes into, incorporated or unincorporated areas of the county consistent with the plan and interlocal agreement.

(2) The system and the requirements of this article shall be binding upon all persons subject to its provisions within the county.

(3) Unless otherwise permitted by law, it is unlawful for any person to dispose of county solid waste at a disposal site, or in a manner, not authorized pursuant to this article.

(4) Except for disposal sites designated in an emergency pursuant to subsection (5) of this section or exempt under LCC 8.15.080, the disposal sites set forth in this section, and any additional disposal sites found to meet the requirements of LCC 8.15.070 and 8.15.090, are hereby designated as the sole disposal sites which are authorized to receive, and to which haulers and all other persons are authorized to deliver, county solid waste for disposal. Designations are expressly subject to:

(a) Receipt and continuing possession of and compliance with all permits and governmental approvals necessary for the operation of the site;

(b) The site’s capability to dispose of county solid waste by the means identified in its designation;

(c) In the case of a private operator, the execution and delivery of an agreement between the county and the operator as described in LCC 8.15.070.

Designated disposal sites include:

(i) Centralia and Morton transfer stations, and the moderate hazardous waste facility.

(ii) Drop boxes designated from time to time by the community services director for specific categories and volumes of solid waste.

(iii) Any disposal site designated in accordance with LCC 8.15.050, 8.15.070, and 8.15.090, as applicable.

(5) Upon a finding by the director that it is necessary for the immediate preservation of the public health and safety that additional or alternate disposal sites be designated on an emergency basis and upon notification of the chairman of the board of such emergency, the director may approve additional disposal sites for up to 60 days without action by the board. [Res. 01-073, 2001*; Ord. 1157, 1998; Ord. 1123 § 3, 1992]

8.15.040 Unlawful disposal of solid waste.

It is unlawful for any person to dump or deposit or permit the dumping or depositing of any solid waste onto or under the ground or into any waters within the unincorporated areas of the county except at a disposal site that has been designated pursuant to LCC 8.15.030 or exempted pursuant to LCC 8.15.080, as amended from time to time; provided, that nothing herein shall prohibit a person from dumping or depositing solid waste resulting from his own activities onto or under the surface of the ground owned or leased by him when such action complies with all other applicable laws. [Ord. 1157, 1998; Ord. 1123 § 4, 1992]

8.15.050 Acquisition of disposal sites by county and district.

By action of the board (in its capacity as the legislative body of the county or as the governing body of the district), the county or district may acquire by purchase, lease, or otherwise, or may contract with other parties for the use of, disposal sites that are adequate for disposal of solid waste generated in, or transported into, incorporated and unincorporated areas of the county. Such disposal sites shall be consistent with the plan, and with all federal, state, and local requirements. Upon acquisition or effectiveness of a contract, such sites shall become part of the system of solid waste handling established by this article. [Ord. 1157, 1998; Ord. 1123 § 5, 1992]

8.15.060 Interlocal operations.

Solid waste disposal sites owned, operated, or controlled in whole or in part by the county or district, and designated by the county for the receipt of county solid waste, shall be available to accept solid wastes generated and collected in the cities, and solid waste generated in other counties; provided, that the governing bodies of such jurisdictions enter into and maintain interlocal agreements with the county and comply with the conditions contained therein and herein. Nothing in this article shall be construed to modify any existing interlocal agreements among the county, the district and the cities. The interlocal agreement satisfies the requirements of this section with respect to cities that enact flow control ordinances pursuant to that interlocal agreement. [Ord. 1157, 1998; Ord. 1123 § 6, 1992]

8.15.070 Establishment and operation of disposal sites - Agreements regarding operation and rates.

(1) Except for those sites exempt under LCC 8.15.080, it is unlawful for any person to establish, alter, expand, improve, or hereafter operate or maintain a disposal site that is located in or that accepts solid waste generated in or transported into the unincorporated areas of the county unless:

(a) The proposed site, facilities, and proposed method of operation comply with this article and with any regulations promulgated by the health board;

(b) The proposed site and proposed method of operation have been designated pursuant to LCC 8.15.030 or 8.15.090, and all permits required by law have been obtained; and

(c) The operator of the proposed site, if owned by any person other than the county, has entered into an agreement with the county specifying the rates to be charged for disposal or processing of county solid waste at the disposal site and such other terms deemed necessary by the director to protect the public health, safety, and welfare, and for other public purposes; provided, that the county shall not be obligated to enter into any such agreement with such a person.

(2) For purposes of establishing and adjusting rates pursuant to this section, the operator of any disposal site shall furnish to the director information concerning actual and anticipated revenues, expenses, liabilities, debt amortization, equipment purchases and other data deemed pertinent by the director.

(3) Each agreement between an owner or operator and the county or district shall provide that if the disposal site fails to comply in any material respect with the terms of the agreement or with this article, the disposal site is subject to loss of designation.

(4) The director shall require the operator of each designated disposal site to furnish such evidence as the director deems necessary to verify that the disposal site complies with this article and shall report annually to the executive committee and to the board regarding such compliance. [Ord. 1157, 1998; Ord. 1123 § 7, 1992]

8.15.080 Exempt operations.

(1) The following solid waste processing and disposal activities and facilities related thereto are hereby exempted from this article:

(a) Wrecking automobiles and parts thereof and related storage and handling facilities which possess all necessary governmental permits and approvals.

(b) Depositing, pursuant to all necessary governmental permits and approvals, fewer than 2,000 cubic yards of soil, rock, tree stumps, gravel, broken concrete, broken asphalt, and similar inert wastes onto the surface of the ground whereby such depositing is to be temporary in nature, and graded or otherwise worked to fill an existing depression or low area of ground.

(c) Depositing agricultural solid waste onto or under the surface of the ground when said waste is being utilized primarily for fertilizer or a soil conditioner, as long as depositing such waste does not otherwise violate the law.

(d) Depositing sewage or sewage sludge onto or under the surface of the ground at a disposal site which possesses all necessary governmental permits and approvals for that purpose.

(e) Depositing “hazardous waste” as defined by RCW 70.105.010(15) onto or under the surface of the ground at a disposal site which possesses all necessary governmental permits and approvals for that purpose.

(f) Depositing solid waste by an industrial solid waste generator into its own private landfill which is accessory to the industry, is not open to haulers or the public, which possesses all necessary governmental permits and approvals for that purpose, and which is included in the plan.

(g) Facilities for the acceptance and marketing of source-separated recyclable materials including drop-off and buy-back centers, contract recycling services, and associated processing facilities.

(h) Handling and marketing of source-separated recyclable materials.

(i) Composting of yard waste at facilities that accept and market source-separated yard waste materials.

(j) On-site composting of organic materials generated on-site.

(k) Processing wood waste at facilities that accept source-separated wood waste materials.

(l) Handling and processing “infectious waste” within the meaning of Chapter 8.20 LCC, as that chapter may be amended from time to time.

(m) Depositing county solid waste by a hauler at a disposal site outside the county; provided, that:

(i) Such waste is collected on a route that originates, terminates, and lies primarily outside the county;

(ii) Such disposal site possesses all necessary governmental permits and approvals; and

(iii) The hauler has obtained the director’s approval for such disposal.

(2) The exemptions established by this section shall have no effect on the requirements of other local, state and federal laws. [Ord. 1157, 1998; Ord. 1123 § 8, 1992]

8.15.085 Sites and exemptions relating to marijuana waste.

Consistent with this title and WAC 314-55-097(6), now or as hereafter amended or supplemented, the director may designate such disposal sites and/or exemptions as are appropriate for the disposal or on-site management of solid wastes from marijuana activity. [Ord. 1271 §2, 2017]

8.15.090 Application for disposal site designation.

(1) Applications for designation of a solid waste disposal site owned or operated by any person other than the county that is located within the unincorporated areas of the county, within incorporated areas of the county that have adopted a flow control ordinance pursuant to the interlocal agreement, or that is located outside the county, shall be on forms prescribed by the director and shall contain a description of the proposed and existing facilities and operations at the site, plans and specifications for any new or additional facilities to be constructed, and such other information as the director deems necessary.

(2) Upon receipt of an application for designation, the director shall transmit one copy of the application to the health board.

(3) Within 90 days of receipt of the application, the director shall investigate the application as necessary to determine whether the proposed site complies with the plan and this article, and whether designation would promote the public interest. Upon completion of the investigation, the director shall submit the application, together with his recommendation as to whether the proposed site should be designated, first to the SWAC for its review and recommendation, then to the executive committee for its review and recommendation, and finally to the board for action. Approval of a disposal site designation shall be by county ordinance. Notwithstanding the foregoing, drop boxes may be designated by the director, after review and recommendation by the SWAC and executive committee, and board action shall not be required for such designation.

(4) If the board designates the proposed site as a disposal site, an agreement shall be negotiated and executed as provided in LCC 8.15.070(1)(a), (b), (c). [Ord. 1157, 1998; Ord. 1123 § 9, 1992]

8.15.100 Suspension or revocation.

In the event that any designated disposal site substantially fails to comply with this article, the plan, other applicable laws, conditions imposed in conjunction with the issuance of any permit, or an agreement executed pursuant to this article, or for any other lawful reason, the director may suspend or revoke the designation of such site. Any operator aggrieved by a suspension or revocation may appeal such action to the Lewis County commissioners. [Ord. 1157, 1998; Ord. 1123 § 10, 1992]

8.15.110 Abandoned sites.

It is unlawful for any person to fail to close when legally required or to abandon any disposal site. Any designated disposal site which is abandoned by its owner or operator shall be closed by such owner or operator in compliance with applicable local, state and federal laws. [Ord. 1157, 1998; Ord. 1123 § 11, 1992]

8.15.120 Enforcement.

Appropriate county officers and employees are authorized to take all lawful actions reasonably available to enforce in a timely manner the provisions of this article against any person violating those provisions including, but not limited to, bringing a civil and/or criminal action against that person and providing testimony and cooperation in the prosecution of that action; barring that person from use of a disposal site; requesting that the Washington Utilities and Transportation Commission revoke that person’s certificate; and seeking equitable relief. [Ord. 1157, 1998; Ord. 1123 §12, 1992]

8.15.130 Violation - Penalties.

(1) Any person who knowingly fails to comply with LCC 8.15.040, 8.15.070, or 8.15.110 or who files or supplies any false, incomplete, or inaccurate information in connection with any application shall be subject to the penalties in LCC 1.20.020 and 1.20.040. Nothing contained in this section shall be construed to exempt an offender from any other suit, prosecution, or penalty provided in another Lewis County ordinance or otherwise provided by law.

(2) Each violation or day of noncompliance shall constitute a separate violation. Any such civil penalty imposed pursuant to this section shall be subject to review by the board. [Ord. 1180 §7, 2002; Ord. 1123 § 13, 1992]

8.15.140 Public nuisance.

Any solid waste disposal site hereafter established, altered, expanded, improved, operated, or maintained in violation of any of the provisions of this article shall be and the same is hereby declared to be unlawful and a public nuisance. Any violation of LCC 8.15.030(3), 8.15.040, 8.15.070, and 8.15.110 is hereby declared to be a public nuisance. The prosecuting attorney, at the direction of the board, may take steps necessary to abate such nuisances and to restrain and enjoin further unlawful acts. This section shall not limit or restrict any other power or authority authorized by law. [Ord. 1157, 1998; Ord. 1123 § 14, 1992]

Article II. Solid Waste Disposal District

8.15.150 District established.

(1) Pursuant to RCW 36.58.100 et seq., a solid waste disposal district to be known as solid waste disposal district no. 1 of Lewis County is hereby established as a quasi-municipal corporation and independent taxing authority within the meaning of Article VII Section 1 and a taxing district within the meaning of Article VII Section 2 of the Constitution of the State of Washington.

(2) Such district is a body corporate and shall possess all the usual powers of such a corporation for public purposes as well as other powers that may now or hereafter be conferred by law. [Ord. 1157, 1998; Ord. 1124 § 1, 1992]

8.15.160 Boundaries.

The boundaries of said district shall be co-extensive with the boundaries of Lewis County and shall include the territory of all cities and towns lying within Lewis County. [Ord. 1157, 1998; Ord. 1124 § 2, 1992]

8.15.170 Governing body.

The governing body of said district shall be the legislative authority of Lewis County as now or hereafter constituted. [Ord. 1157, 1998; Ord. 1124 § 3, 1992]

Article III. Regulations

8.15.180 Regulation of solid waste disposal.

The purpose of this article shall be to provide regulations to govern the storage, collection, transfer, transportation, processing, utilization, and final disposal of solid waste by any person or persons in Lewis County, Washington, in order to protect natural and economic resources, and to preserve the health, safety, welfare and sanitation of Lewis County, Washington, in conformance with and under the authority of Chapters 70.95 and 70.93 RCW and Chapters 173-301 and 173-310 WAC. [Ord. 1157, 1998; Ord. 1046 Art. I, 1975]

8.15.190 Definitions.

As used in this article:

(1) “Abandoned vehicle” means any vehicle which remains in substantially the same location for a period of 10 continuous days or longer on any public thoroughfare, right-of-way, or real property owned by other than the owner of vehicle, and is still remaining in substantially the same location after a period of 10 additional days or longer from the date that written notice is mailed by the Lewis County sheriff’s department, by certified mail, with the return receipt requested, to the last known registered legal owner of any such vehicle.

(2) “Authorized representative” shall mean employees of the Lewis County health board, or the solid waste section, or any law enforcement officer.

(3) “Board” shall mean the board of county commissioners of Lewis County, Washington.

(4) “Bulky waste” shall mean when used herein, large items of refuse such as appliances, furniture, trees and stumps, demolition, special and other oversized wastes.

(5) “Collection agency” is a person or persons, certificated by the Washington Utilities and Transportation Commission, to collect solid waste from public and private premises and transport the same to designated transfer stations or sanitary landfills.

(6) “Collector” shall be synonymous with “collecting agency”.

(7) “Composting” is the controlled microbial degradation of organic waste yielding a nuisance-free product.

(8) Container, Detachable. A “detachable solid waste container” is a partially mechanized self-service solid waste container for individual or bulk use, utilizing special equipment for emptying or transporting.

(9) Container, Individual. An “individual solid waste container” is a durable, corrosion- resistant, rodent-resistant, easily cleanable container with a tight-fitting lid and equipped with suitable handles with a capacity of 30 gallons or less and weighing less than 85 pounds total weight when full.

(10) “County” shall at all times mean Lewis County, Washington.

(11) “Drop box” is synonymous with a detachable solid waste container.

(12) “Garbage” shall mean all putrescible material, including animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food; swill and carcasses of dead animals, except sewage, sewage sludge and human body waste.

(13) “Hauler” shall mean a contractor who shall transport county-located solid waste detachable containers to county-operated transfer stations, or sanitary landfills.

(14) “Health officer” shall mean the Lewis County Board of Health, health officer or his/her authorized agent or representative.

(15) “Incineration” is the controlled combustion of solid waste, that yields satisfactory nonputrescible residues and air effluents.

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

(17) “Reclamation” is the disposal process in which there is hand or mechanical segregation of solid waste for sale or reuse, or other resource recovery techniques.

(18) “Refuse” shall be deemed to be synonymous with the term “solid waste”.

(19) “Sanitary landfill” shall mean the method of disposing of solid waste on land without creating nuisances or hazards to public health or safety by utilizing the principles of engineering to confine the solid waste to the smallest practical area, to reduce it to the smallest practical volume, and to cover the same with a layer of earth at the conclusion of each day’s operation or at such more frequent intervals as may be necessary.

(20) “Solid waste” shall mean all putrescible or nonputrescible solid and semi-solid waste, including garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof and discarded commodities. (Chapter 70.95 RCW)

(21) “Transfer station” shall mean a fixed supplemental collection or transportation or disposal facility, used by persons and route collection vehicles to deposit solid waste into a larger transfer vehicle for transport to the disposal site.

(22) “Vehicle hulk” shall mean a remnant or remains of a vehicle which is inoperative and cannot be made mechanically operative without the addition of essential parts or mechanisms, together with the application of a substantial amount of labor to effect repairs, or any wrecked or dismantled vehicle, or part thereof.

(23) “Wood waste” shall mean a by-product resulting from the handling and processing of wood, including, but not limited to, hogged fuel, sawdust, shavings, chips, bark, small pieces or wood, stumps, limbs, or any other material composed largely of wood.

(24) “Wood waste landfill” shall mean a method of disposing of wood wastes on land without creating nuisances or hazards to public health or safety by utilizing principles of engineering. [Ord. 1157, 1998; Ord. 1046 Art. II, 1975]

8.15.200 Solid waste utility division.

(1) Created - Department of Community Development. For the purpose of carrying into effect the provisions and aims of this article, there is hereby created and established a Lewis County solid waste utility division within the Lewis County department of community development.

(2) Responsibility. The solid waste shall be responsible for:

(a) The solid waste management system including transfer stations, sanitary landfills, drop boxes and reclamation sites by agreements with independent contractors as hereinafter provided.

(b) The management of collection districts when such districts are established by the county pursuant to Chapter 36.58A RCW.

(c) Participation in reviewing rate structures and other solid waste management subjects, in cooperation with the board and the solid waste management advisory committee.

(d) Representing Lewis County at all Washington Utilities and Transportation Commission hearings when appropriate.

(e) Receiving and resolving complaints on solid waste management in cooperation with the Lewis County health board.

(f) Compliance with Chapters 70.93 and 70.95 RCW, and 173-300 through 173-306 WAC, and other state and local laws and regulations.

(g) Making recommendations to the board as to solid waste management service contracts, for the construction and management of transfer and disposal sites, and the drop box system.

(3) Administrator - Appointment. The board is hereby empowered to and shall appoint a qualified person as solid waste administrator.

(4) Administrator - Duty. The solid waste administrator shall have total responsibility for administering the Lewis County solid waste management program to accomplish the purpose delineated in LCC 8.15.180. In addition, he shall make recommendations to the utility division head concerning policy, budget, operational procedures and other matters of concern to an effective solid waste management program. [Res. 01-073, 2001*; Ord. 1157, 1998; Ord. 1046 Art. III, 1975]

8.15.210 Charges and rates.

(1) Authorization To Establish Disposal Charges. The board is hereby authorized to establish solid waste service charges within Lewis County to cover the cost of solid waste disposal and/or transfer of solid waste. Such rates shall be recommended by the solid waste management advisory committee. Initial rates and/or changes in such rates shall be published in a local newspaper 30 days prior to change, and shall become effective 30 days from the date of publication.

(2) Washington Utilities and Transportation Commission and Collection Rates. Nothing in this article shall be deemed to change the responsibility or authority of the Washington Utilities and Transportation Commission to regulate all intrastate carriers an collection rates, as required by RCW 70.95.900. [Ord. 1157, 1998; Ord. 1046 Art. IV, 1975]

8.15.220 Contracts for services.

(1) Contracts Authorized. The board shall have the authority to contract for services for hauling of county-located solid waste detachable containers within Lewis County placed for the use of households. In addition, the board may also contract for services for operating sanitary landfills and/or transfer stations. The recommendation of the solid waste management advisory committee and the solid waste administrator is to be considered in awarding any such contract.

(2) Standards for Collection, Transportation and Operation. All collectors, haulers, or operators of transfer stations or sanitary landfills, shall collect, transfer, or operate in conformance with all applicable federal, state and local laws. All collectors shall collect solid waste in their Washington Utilities and Transportation Commission certificated area, and shall dispose of the same only in a designated transfer station or sanitary landfill, as specified in the Lewis County solid waste management plan. In addition, all such collectors, haulers, operators, or individuals shall conduct themselves in such a manner that any and all hauling of solid waste shall be in securely covered vehicles or containers so as to prevent said materials from being blown from said vehicle during hauling operations. Any spillage of solid waste from a collector’s vehicle or hauler’s vehicle shall be picked up immediately by the collector or hauler and the area of spillage immediately cleaned. [Ord. 1157, 1998; Ord. 1046 Art. V, 1975]

8.15.230 Containers.

(1) Solid Waste Containers Required. It shall be the duty of every person in possession, charge or control of any building, dwelling, plant, rooming house, apartment house or eating place or in possession, charge or control of any such establishment to keep or cause to be kept solid waste containers of approved size, type, and construction at all times and deposit or cause to be deposited therein all solid waste, except bulky wastes.

(2) Acceptable Standards - Commercial Exceptions. Such containers shall be constructed in conformance with applicable federal, state and local laws and regulations. Large detachable containers for storage of industrial, commercial or special solid waste may be used with the approval of the health officer and solid waste administrator.

(3) Use and Maintenance of Containers. Each container shall be kept in a clean sanitary condition and in good repair. Lids shall be on the container at all times except during actual filling or emptying. No earth, rocks, heavy refuse, or other heavy material shall be deposited in any solid waste container except by permission of the health officer and/or the solid waste section as appropriate.

(4) Notice of Unacceptable Use or Maintenance. Any collector who shall find any solid waste container to be in violation of the standards set forth herein as to acceptable use or maintenance shall place a tag furnished by the solid waste section on such container which shall have a perforated stub with identification number and place for location and description. Said perforated stub shall be removed from said tag and forwarded to the Lewis County solid waste administrator who shall notify the health officer. Any person who shall have failed to conform to acceptable use of solid waste containers upon two or more occasions, shall be deemed to be in violation of this article. [Ord. 1157, 1998; Ord. 1046 Art. VI, 1975]

8.15.240 Solid waste.

(1) Classes of Refuse Not Allowed in Solid Waste Containers. No earth, rocks, heavy refuse, dead animals, or other material as hereinafter set forth shall be deposited in any solid waste container.

(2) Dead Animals. It shall be the duty of every person in possession, charge or control of any dead animal, or upon whose premises the same may be located, to forthwith cause the same to be removed and disposed of; provided, that mere existence of such an animal upon a person’s premises, without his knowledge shall not subject said person to any penalties hereunder. Disposal shall be by burial pursuant to Chapter 16.68 RCW.

(3) Composting Piles. Compost piles shall be composed of materials and use procedures conforming with Section 8.45.070(6) LCC.

(4) Removal. It shall be the duty of every person to cause such solid waste as may be in any solid waste container or upon the premises under his control, to be removed and disposed of only by an authorized collector or by himself. In the event that a person shall remove and dispose of solid waste from his own premises the same shall be removed in a completely covered container or vehicle and disposed of, only at a designated transfer station, drop box, landfill, or upon premises owned or leased by him, in such a manner as will conform with RCW 70.95.240 and the Lewis County Health Board Regulations. [Ord. H-99-0301, 1999; Ord. 1157, 1998; Ord. 1046 Art. VII, 1975]

8.15.250 Public use of transfer stations and sanitary landfills.

(1) Open to Public - Subject to Fee. Transfer stations and sanitary landfills shall be opened to the residents of Lewis County for the disposal of solid wastes; and to nonresidents who dispose of 10 gallons or less in any one 24-hour period; each subject to such fees as may be established pursuant to LCC 8.15.210.

(2) Requirements for Use by Public. Each person who shall use transfer stations, drop boxes and/or sanitary landfills for the disposal of solid waste shall comply with haulage and spillage requirements as set forth hereinabove. Disposal of solid waste by any member of the public shall be at a designated transfer station, drop box or sanitary landfill in such a manner as will conform with RCW 70.95.240 and the Lewis County Health Board Regulations. Persons disposing of solid waste shall comply with any and all signs or directions posted or given by attendants at said solid waste facilities. Any improper disposal of solid waste at a transfer station or sanitary landfill shall be deemed a violation of this article. [Ord. 1157, 1998; Ord. 1046-A § 1, 1980; Ord. 1046 Art. VIII, 1975]

8.15.260 Solid waste disposal.

(1) License Required and Standards Met. Each solid waste transfer station, sanitary landfill, wood waste landfill, incinerator, reclamation site or other disposal site shall possess a valid permit to operate from the Lewis County health board. Operations shall meet and maintain the minimum standards of Chapter 173-304 WAC and the associated regulations of the health board.

(2) Unauthorized Dump Abatement -Signs. When an unauthorized dump containing solid waste has been located in Lewis County and the person or persons responsible for the same cannot be located or apprehended, it shall be the responsibility of the solid waste administrator to arrange for the removal of such solid waste in the most expedient manner available, and cause signs to be posted prohibiting further dumping at such site.

(3) Wood Waste Landfills. A wood waste landfill shall not be established or substantially altered until the site location and operation has been approved by a permit from the health officer. Only wood waste, and nonputrescible material such as, but not limited to, rock, sand, and ashes may be landfilled at a wood waste landfill unless specific permission is first obtained from the health officer for disposal of other types of waste. The wood waste landfill site shall be located, designed, constructed, operated, and maintained so as to prevent the creation of a nuisance and comply with state and local requirements for fire protection, water and air pollution prevention and esthetics. [Ord. 1157, 1998; Ord. 1123 § 16, 1992; Ord. 1046 Art. IX, 1975]

8.15.270 Right of entry.

Right to Enter - Inspection. Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this article or other applicable law, the authorized representative is hereby authorized to enter such property at any reasonable time to inspect the site and to perform any duty imposed by this article pursuant to the provisions of LCC Chapter 1.25 and as otherwise permitted at law. [Ord. 1157, 1998; Ord. 1046 Art. X, 1975]

8.15.280 Violation - Penalties.

(1) Violation - Misdemeanor; Civil Infraction. Any person violating or failing to comply with any term or provision of this article, on conviction thereof, shall be subject to the penalties in LCC 1.20.020 and 1.20.040.

(2) Cost of Abatement. Any fine, imprisonment or both imposed hereunder shall be in addition to a revocation of permit, license or other permissive document; and any hauler, collector, operator of a transfer station or landfill or other person or entity licensed or permitted to deal with solid waste hereunder shall be subject to revocation of such permits and/or licenses and unilateral cancellation of contract for violation of this article. [Ord. 1180 §8, 2002; Ord. 1157, 1998; Ord. 1046 Art. XI, 1975]

8.15.290 Appeals.

Any aggrieved person may appeal in writing a decision pertaining to the technical provisions of this article to the Lewis County Hearing Examiner as provided for under Chapter 2.25 LCC or Health Board Ordinance, as appropriate. [Ord. 1157, 1998; Ord. 1046 Art. XII, 1975]

*[Solid waste is currently assigned to the director of the department of community development]