Chapter 8.20 INFECTIOUS WASTE

(3) To ensure that those involved in the storage, transportation, treatment, and disposal of infectious waste in Lewis County assume responsibility for their activities and actions. [Ord. 1157, 1998; Ord. 1112 § 2, 1991]

8.20.030 Definitions.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

(1) “Bedding” means bedding that has been used for laboratory animals.

(2) “Carcasses, body parts, blood and bodily fluids, and bedding of laboratory animals” means carcasses, body parts, blood and bodily fluids in liquid or semiliquid form, and bedding of laboratory animals that have been intentionally or are suspected of having been exposed to pathogens in research, in production of biologicals, in the in vivo testing of pharmaceuticals, or other procedures.

(3) “Container” means any portable device or material in which infectious waste is stored, transported, treated, disposed of, or otherwise handled.

(4) “Contaminated sharp” means an object that is capable of cutting or penetrating the skin and has been in contact with blood or body fluids. The term includes a hypodermic or suture needle, syringe, scalpel blade, pipette, lancet, or broken glass.

(5) “Communicable disease” means a communicable disease as defined under Chapters 248-100 and 248-101 WAC.

(6) “Generation facility” means any of the following places where the generation of infectious waste occurs:

(a) Hospital;

(b) Ambulatory surgical center;

(d) Blood center;

(e) Pharmaceutical company;

(f) Academic research laboratory company;

(g) Industrial research laboratory;

(h) Health care facility as defined by Chapter 248-100 WAC;

(i) Office and mobile units of health care providers;

(j) Diet or health care clinic;

(k) Office of a veterinarian;

(l) Veterinary hospital;

(m) Emergency medical services provider;

(n) Mortuary;

(o) Home health agency.

(7) “Health care provider” means a person employed as, or by, or receiving training from, a provider as defined by Chapter 248-100 WAC, or by a laboratory, blood center, state institution, or any other facility where a person is likely to have direct contact with blood or body fluids.

(8) “Hearing Examiner” means the Office of the Lewis County Hearing Examiner, the Examiner and Deputy Examiners.

(9) “Infectious waste activity” means all activities during and following the transportation of infectious waste from a generation facility. This includes transportation, storage, treatment, or disposal of infectious waste as defined by this chapter.

(10) “Infectious waste” means waste that epidemiologic evidence indicates is capable of transmitting a dangerous communicable disease. Infectious waste includes but is not limited to the following:

(a) Contaminated sharps or contaminated objects that could potentially become contaminated sharps;

(b) Infectious biological cultures, infectious associated biologicals, and infectious agent stock;

(d) Blood and blood products in liquid and semiliquid form;

(e) Carcasses, body parts, blood and body fluids in liquid and semiliquid form, and bedding of laboratory animals; and

(f) Other waste that has been intermingled with infectious waste.

(11) “Mortuary” means a funeral home.

(12) “Pathological waste” means tissues, organs, body parts, and blood or body fluids in liquid or semiliquid form of humans that are removed during surgery, biopsy, or autopsy.

(13) “Person” means any individual, facility, partnership, copartnership, firm, company, association, joint-stock company, corporation, government entity, or agent.

(14) “Secured area” means an area that is designed for and maintained to prevent the entry of unauthorized persons.

(15) “Semiliquid blood and blood products” means blood and blood products that have intermediate fluid properties and are capable of flowing in a manner similar to a liquid.

(16) “State board” means the Washington State Board of Health.

(17) “Storage” means the containment of infectious waste in such a manner as not to constitute collection, treatment, transport, or disposal.

(18) “Veterinarian” means a person authorized to practice veterinary medicine by the state of Washington.

(19) “Waste” means any solid, liquid, or semiliquid material that is discarded or is being accumulated prior to being discarded or that has served its natural, biological, medical, or intended purpose and is generally discarded and not reused.

(20) “Waste handlers” means any person who handles infectious waste. [Ord. 1157, 1998; Ord. 1112 § 3, 1991]

8.20.040 Scope.

(1) Applicability. The requirements of this chapter shall apply, without regard to quantity, to defined facilities and persons involved in infectious waste activity. This rule represents the minimum standards required by Lewis County, however, persons may utilize more stringent standards.

(2) Exemptions. The provisions of this chapter shall not apply to the following:

(a) The transportation of infectious waste through Lewis County where no storage, treatment, or disposal of the transported infectious waste occurs within Lewis County. [Ord. 1157, 1998; Ord. 1112 § 4, 1991]

Article II. Administration

8.20.050 Establishment of infectious waste activity permit.

A regulatory permit entitled an infectious waste activity permit shall be obtained prior to the undertaking of any infectious waste activity subject to the requirements of this chapter. The permit shall be for all structures and activities involved in infectious waste storage, transportation, treatment, and disposal as set forth in LCC 8.20.030. [Ord. 1157, 1998; Ord. 1112 § 5(A), 1991]

8.20.060 Classification of infectious waste activities.

Applications for infectious waste activity permits shall be divided into two separate categories of operations which are defined as follows:

(1) Class I Infectious Waste Activities. These are activities which, as a result of the storage, transportation, treatment, and disposal of infectious waste, will have emissions or discharges into the air, ground water, surface water, or other elements of the physical environment.

(2) Class II Infectious Waste Activities. These are activities which will have no emissions or discharges into the physical environment which result from the storage, transportation, treatment, and disposal of infectious waste. [Ord. 1157, 1998; Ord. 1112 § 5(B), 1991]

8.20.070 Infectious waste activity permit - Application.

Any person desiring to undertake an infectious waste activity within the unincorporated area of Lewis County shall submit an application for an infectious waste activity permit to the Lewis County community development department on such forms as required by the director of said department.

In addition to the application form(s), the applicant shall also submit a completed environmental checklist.

Application forms for Class I infectious waste activities may require additional and more detailed information than those application forms for Class II activities. [Ord. 1157, 1998; Ord. 1112 § 5(C), 1991]

8.20.080 Fees.

(1) Initial Permit Application Fee. At the time of filing of an application for the approval of an infectious waste activity permit, the applicant shall submit a nonrefundable application fee payable to Lewis County according to the following schedule:

(a) Class I infectious waste activities: $3,600.

(b) Class II infectious waste activities: $600.00.

(2) Annual Permit Compliance Inspection Fee. Each permitted infectious waste activity shall have an annual inspection conducted by Lewis County to review compliance of the activity with the requirements of this chapter and any conditions of permit approval.

(a) Class I infectious waste activities: $750.00.

(b) Class II infectious waste activities: $300.00. [Ord. 1157, 1998; Ord. 1112 § 5(D), 1991]

8.20.090 Processing.

Upon receipt of an application for an infectious waste activity permit, the community development department shall affix a file number and date of receipt to the application and promptly forward copies of the permit application and all supporting material to the following agencies as appropriate with a request for their comments on the proposal:

(1) Lewis County health board and department of health & social services- environmental health section;

(2) Lewis County engineer;

(3) Lewis County building official;

(4) Lewis County fire marshal;

(5) Lewis County department of planning;

(6) Other county officials concerned within the scope of their municipal function;

(7) Proper city officials when the project is within one mile of their corporate limits;

(8) The District Engineer of the Washington State Department of Transportation when the project is adjacent to the rights-of-way of existing or proposed state highways;

(9) Local fire district;

(10) Any other agency with interest, expertise, or jurisdiction. [Res. 99-515, 1999*; Ord. 1157, 1998; Ord. 1112 § 5(E), 1991]

8.20.100 Recommendations of other agencies.

Each of the departments, municipalities, officials, or agencies shall have no less than 30 days to review the proposal and forward their comments to Community development department. Failure to submit comments within the review period shall be interpreted as to indicate that the proposed infectious waste activity will not adversely affect any matters of concern to or under the jurisdiction of the reviewing agency. [Ord. 1157, 1998; Ord. 1112 § 5(F), 1991]

8.20.110 Hearing Examiner public hearing date.

(1) The community development department upon the receipt of an application completed in compliance with the requirements of this chapter, shall set the date for a public hearing on the proposal before Hearing Examiner.

(2) Said public hearing shall be held not less than 60 days for a Class I infectious waste activity or less than 30 days for a Class II infectious waste activity nor more than 90 days following the receipt of the permit application.

(3) Any application for which an environmental impact statement (EIS) is required shall not have its public hearing before Hearing Examiner until the final EIS for the project has been issued. [Ord. 1157, 1998; Ord. 1112 § 5(G), 1991]

8.20.120 Notice of public hearing.

The community development department shall give notices of the public hearing before the Hearing Examiner as follows:

(1) By arranging for the publication of a notice of public hearing in a newspaper of general circulation within the county to appear not less than 10 days prior to the hearing date.

(2) Through the U.S. Mail, postmarked at least 10 days prior to the date of the hearing to the following:

(a) The latest recorded land owners, as shown by the records of the Lewis County assessor, within at least 300 feet of the subject property.

(b) The legislative authority of any city or town within one mile of the project site.

(c) The State Department of Transportation, if the project is adjacent to the right-of-way of any state highway or within two miles of a state or municipal airport.

(3) By posting notice of such hearing on the subject property not less than 10 days prior to the hearing date.

(4) By any other reasonable method deemed appropriate by the director of said department.

(5) All public hearing notices shall include the following:

(a) The date, time, and place of the hearing.

(b) A brief description of the type of infectious waste activity being proposed.

(c) A brief legal description of the location of the project site and either a vicinity sketch or a location description in nonlegal language. [Ord. 1157, 1998; Ord. 1112 § 5(H), 1991]

8.20.130 Public hearings.

(1) Scope and Continuance. At the public hearing the Hearing Examiner shall consider all relevant evidence and testimony. The Hearing Examiner shall consider the application for conformance with the requirements of this chapter, conformance to any adopted comprehensive land use plan, and other planning policies, standards, and specifications of the county.

The Hearing Examiner shall also consider the adequacy of access, sewage disposal, water supply, fire protection, surface drainage and runoff, and that the public health, safety, and welfare will be served. Any hearing may be continued by the Hearing Examiner if the applicant consents to an extension of such time period. Should the Hearing Examiner find that additional information is needed to evaluate the project, but the applicant does not consent to continuing the hearing, the Hearing Examiner may consider the need for additional information as sufficient cause for the denial of the application.

(2) Records. Records of the Hearing Examiner hearings on applications for infectious waste activity permits shall be kept in accordance with Chapter 2.25 LCC.

(3) Conduct of Hearing. The hearing before the Hearing Examiner shall be conducted as a substantive hearing in accordance with Chapter 2.25 LCC. [Ord. 1157, 1998; Ord. 1112 § 5(I), 1991]

8.20.140 Infectious waste activity permit approval.

(1) Approval of an infectious waste activity permit by the Hearing Examiner shall provide notice to the applicant that he may proceed with the development of the project subject to acquiring all other necessary federal, state, and local permits or authorizations along with any other permission needed to complete the project.

(2) Should the project fail to be completed within three years of the date of approval by the board, the permit shall expire and a reapplication shall be necessary for project completion. However, the Hearing Examiner may grant a one-year extension to the period of permit approval upon a written request filed prior to the expiration of the three-year approval period and showing that (a) significant and substantial progress has been made towards project completion and (b) that the project can be completed within the one-year extension.

(3) All projects not completed upon the expiration of the approval period or the one-year extension period must reapply for approval to complete the project. [Ord. 1157, 1998; Ord. 1112 § 5(K), 1991]

8.20.150 Annual permit compliance inspection.

Each permitted infectious waste activity shall be subject to inspection by county and applicable Lewis County health board regulations to review the operation and determine whether the activity is operating in compliance with the requirements of this chapter and any conditions of permit approval. This inspection shall be held at the first mutually convenient date for all involved parties following the anniversary of the approval of the permit.

(1) Application for Annual Permit Compliance Inspection. The applicant shall make application for the annual inspection on forms provided by the Community development department. Upon submission of the application, the applicant shall also submit the annual site inspection fee set forth in LCC 5.20.080(2).

(2) Failure to Apply for the Annual Permit Compliance Inspection. Failure of the applicant to apply for the annual permit compliance inspection shall result in the immediate revocation of the infectious waste activity permit for the project until such application has been made, the inspection has been conducted, and the operation found to be in compliance with the requirements of this chapter and the conditions of permit approval.

The community development department shall be responsible for the monitoring of the expiration of the application deadline for applications for the annual permit compliance inspections and pursuing revocation of the permit for the failure of any permitted activity to make such application. [Ord. 1157, 1998; Ord. 1112 § 5(L), 1991]

8.20.160 Rescission of infectious waste activity permits.

Any permit granted pursuant to this chapter may be rescinded or modified upon a finding by the Hearing Examiner that (a) the project has not been completed within the time period(s) set forth in LCC 8.20.150 or (b) the activity is not operating in compliance with the requirements of this chapter or any conditions of permit approval.

(1) Service of Notice. The Hearing Examiner may initiate rescission and modification proceedings by serving written notice of noncompliance on the permittee. Such notice shall be by certified mail.

(2) Public Hearing. Before a permit may be rescinded or modified, a public hearing shall be held by the Hearing Examiner no sooner than 30 days following the service of notice upon the permittee. The Hearing Examiner shall have the power to prescribe rules and regulations for the conduct of such hearings.

(3) Findings. Every decision made by the Hearing Examiner to rescind or modify a permit shall be in writing and include findings of fact and conclusions to support the decision.

(4) Records. Records of the board’s proceedings concerning permit rescissions and modifications shall be kept by the clerk of the board and shall be open for public inspection. [Ord. 1157, 1998; Ord. 1112 § 5(M), 1991]

Article III. Minimum Standards for Infectious Waste Activities

8.20.170 Applicability.

The standards contained within this article shall be the minimum required by Lewis County for infectious waste activities. These standards shall apply, without regard to quantity, to defined facilities and persons involved in infectious waste activity. However, persons may utilize more stringent standards if they so wish. [Ord. 1157, 1998; Ord. 1112 § 6, 1991]

8.20.180 Appropriate containment, labeling –Effective treatment, transport or disposal.

For the purposes of this chapter, the infectious waste generation facilities or any other generator of infectious waste is responsible for the appropriate containment, appropriate labeling, effective treatment, transport, and disposal of infectious waste as required herein. A person may provide services to the generator of infectious waste, including the appropriate containment, appropriate labeling, effective treatment, transport, or disposal of infectious waste. Both the generator of infectious waste and the person providing the services to the generator of infectious waste are responsible for complying with the requirements set forth in this chapter. [Ord. 1157, 1998; Ord. 1112 § 6(A), 1991]

8.20.190 Written policies and procedures.

All persons and facilities subject to the requirements of this chapter shall:

(1) Have a written policy and procedures that, at a minimum, contain:

(a) The requirements contained in this section, and

(b) The sanctions, including discipline and dismissal of persons, if warranted, for failure to follow the requirements set forth in this section;

(2) Provide necessary instruction and materials including protective garments to implement this section prior to giving a person an assignment where contact with infectious waste is likely;

(3) Maintain a record of instruction, including an attendance record of a person’s participation in the instruction; and

(4) Make all records available for inspection by Lewis County upon request. [Ord. 1157, 1998; Ord. 1112 § 6(B), 1991]

8.20.200 Containment.

(1) All persons and facilities subject to the requirements of this chapter shall ensure that infectious waste is at all times contained in a manner that will reasonably protect waste handlers and the public from contracting dangerous communicable disease that may result from exposure to the infectious waste.

(2) All persons and facilities subject to the requirements of this chapter shall place contaminated sharps or contaminated objects that could potentially become contaminated sharps, infectious biological cultures, infectious associated biologicals and infectious agent stock in containers that are:

(a) Leakproof, rigid, puncture resistant;

(b) Tightly sealed to prevent expulsion;

(d) Effectively treated in accordance with this chapter prior to being stored in an unsecured area for final disposal.

(3) All persons and facilities subject to the requirements of this chapter shall place pathological waste; laboratory animal carcasses, laboratory animal body parts, laboratory animal blood and body fluids, and laboratory animal bedding; human blood, human blood products in liquid or semiliquid form, and human body fluids that are visibly contaminated with blood in containers that are:

(a) Impervious to moisture;

(b) Sufficiently strong and thick to prevent expulsion;

(d) Labeled with the biohazard symbol; and

(e) Effectively treated in accordance with this chapter prior to being placed in an unsecured area and sent for final disposal. [Ord. 1157, 1998; Ord. 1112 § 6(C), 1991]

8.20.210 Storage.

If infectious waste is stored prior to final disposal, all persons subject to this chapter shall:

(1) Store infectious waste in a secure area that:

(a) Is locked or otherwise secured to eliminate access by or exposure to the general public,

(b) Affords protection from adverse environmental conditions and vermin, and

(2) Store infectious waste in a manner that preserves the integrity of the container, and is not conducive to rapid microbial growth and putrefaction; and

(3) Disinfect reusable containers for infectious waste each time that they are emptied, unless the surfaces of the reusable containers have been protected from contamination by disposable liners, bags or other devices that are removed with the infectious waste. [Ord. 1157, 1998; Ord. 1112 § 6(D), 1991]

8.20.220 Treatment.

(1) All persons and facilities subject to the requirements of this chapter shall either effectively treat infectious waste in accordance with this section or transport infectious waste off-site for effective treatment in accordance with this section.

(2) A treatment is effective if it reduces the pathogenic qualities of infectious waste for safe handling, is designed for the specific infectious waste involved, and is carried out in a manner consistent with this section. Effective treatment may include:

(a) Incineration;

(b) Steam sterilization;

(d) Thermal inactivation;

(e) Irradiation; or

(f) Discharge in a sanitary sewer or septic system that is properly installed and operating in accordance with the laws of the state of Washington and Lewis County.

(3) Except as provided in LCC 8.20.250, all persons and facilities subject to the requirements of this chapter may store, transport, and dispose of infectious waste that has been effectively treated in accordance with this chapter in the usual manner for waste that is noninfectious. [Ord. 1157, 1998; Ord. 1112 § 6(E), 1991]

8.20.230 Protection in transport.

All persons subject to the requirements of this chapter shall:

(1) Transport infectious waste in a manner that reasonably protects waste handlers and the public from contracting dangerous communicable disease; and

(2) Effectively treat infectious waste in accordance with this chapter before it is compacted. [Ord. 1157, 1998; Ord. 1112 § 6(F), 1991]

8.20.240 Transporting off-site.

All persons and facilities subject to the requirements of this chapter who are transporting infectious waste off-site shall:

(1) Mark containers of infectious waste with a label that states the name, address, and telephone number of the generating facility and treatment facility, if applicable.

(2) Provide a form that contains:

(a) The name, address, and telephone number of the generating facility and treatment facility, if applicable;

(b) A brief description of the waste and the method of effective treatment; and

(3) Transport infectious waste only in vehicles approved by the state of Washington to transport infectious waste. [Ord. 1157, 1998; Ord. 1112 § 6(G), 1991]

8.20.250 Locational guidelines.

The following criteria should be used for siting infectious waste activities:

(1) Infectious waste activities shall not be located within a 500-year frequency floodplain identified by the Federal Emergency Management Agency (FEMA). [Ord. 1157, 1998; Ord. 1112 § 6(H), 1991]

Article IV. Modification, Appeals, Enforcements, and Penalties

8.20.260 Modification and appeals.

(1) Variances. When necessary, the Hearing Examiner may authorize variances to the requirements of this chapter. Application for a variance shall be made as a part of the application for an infectious waste activity permit and shall state fully the grounds of the variance application and the facts relied upon by the petitioner.

The Hearing Examiner shall find that all of the following facts, with respect to the variance application, are met:

(a) That the variance is in harmony with the general purpose and intent of this chapter;

(b) That the granting of the variance will not be detrimental to the public health, safety, and general welfare or injurious to other property in the vicinity of the property involved; and

(c) That extraordinary hardship would result from strict compliance with these regulations because of special circumstances or conditions.

(2) Appeals. Any decision of the Hearing Examiner approving or disapproving an application for an infectious waste activity permit shall be reviewable as provided in Chapter 2.25 LCC. [Ord. 1157, 1998; Ord. 1112 § 7, 1991]

8.20.270 Enforcement and penalties.

(1) Permits Prohibited. No building permit, septic tank permit, or other development permit shall be issued for any activity being conducted in violation of the requirements of this chapter.

(2) Action to Restrain Violations. The office of the Lewis County prosecuting attorney shall bring such injunctive, declaratory, or other actions as are necessary to ensure compliance with this chapter.

(3) Any person who fails to comply with this chapter shall also be subject to the monetary penalties in LCC 1.20.020 and 1.20.040. Each violation or day of noncompliance shall constitute a separate violation.

(4) Any penalty imposed pursuant to this section shall be subject to review by the board of county commissioners of Lewis County. [Ord. 1180 §9, 2002; Ord. 1157, 1998; Ord. 1112 § 8, 1991]

*[Note: Environmental services is currently assigned by Resolution to the department of health and social services.]