Chapter 8.45
SOLID WASTE RULES AND REGULATIONS
Sections:
8.45.010 Authority and purpose.
8.45.040 Owner responsibilities for solid waste.
8.45.070 Performance standards.
8.45.090 Ground water monitoring.
8.45.100 Financial assurance requirements.
8.45.105 Special considerations for marijuana waste.
8.45.120 Permit application and issuance and appeals.
8.45.140 Solid waste facilities subject to remedial action measures.
8.45.150 Criteria for inert waste.
8.45.160 Beneficial use permit exemptions.
8.45.010 Authority and purpose.
This chapter is adopted under the authority of Chapter 70.95 RCW, Solid waste management - Reduction and recycling, and Chapter 173-350 WAC, Solid waste handling standards, to protect public health, to prevent land, air, and water pollution, and conserve the state’s natural, economic, and energy resources by:
(1) Setting minimum functional performance standards for the proper handling and disposal of solid waste originating from residences, commercial, agricultural and industrial operations and other sources;
(2) Identifying those functions necessary to assure effective solid waste handling programs;
(3) Following the priorities for the management of solid waste as set by the legislature in Chapter 70.95 RCW, Solid waste management - Reduction and recycling;
(4) Describing the responsibility of persons, municipalities, regional agencies, state and local government related to solid waste;
(5) Requiring solid waste handling facilities to be located, designed, constructed, operated and closed in accordance with this chapter;
(6) Adopting statewide minimum standards for solid waste handling; and
(7) Encouraging the development and operation of waste recycling facilities and activities needed to accomplish the management priority of waste recycling. [Ord. 1250, 2013]
8.45.020 Title.
This chapter shall be known and shall be cited as the solid waste rules and regulations of the Lewis County board of health. [Ord. 1250, 2013]
8.45.030 Applicability.
This chapter applies to facilities and activities that manage solid wastes as that term is defined in LCC 8.45.060. This chapter does not apply to the following:
(1) Overburden from mining operations intended for return to the mine;
(2) Wood waste used for ornamental, animal bedding, mulch and plant bedding, or road building purposes;
(3) Wood waste directly resulting from the harvesting of timber left at the point of generation and subject to Chapter 76.09 RCW, Forest practices;
(4) Land application of manures and crop residues at agronomic rates;
(5) Agricultural composting when all agricultural wastes are generated, processed, and applied on-farm at agronomic rates in accordance with accepted agricultural practices. This categorical exemption does not apply to producers subject to RCW 70.95.306, Composting of bovine and equine carcasses;
(6) Mushroom substrate production when materials that are not solid waste (such as processed chicken manure) are used in the production;
(7) Home composting as defined in LCC 8.45.060;
(8) Single-family residences and single- family farms whose year-round occupants engage in solid waste disposal regulated under WAC 173-351-700(4);
(9) Clean soils and clean dredged material as defined in WAC 173-350-100;
(10) Dredged material as defined in 40 CFR 232.2 that is subject to:
(a) The requirements of a permit issued by the U.S. Army Corps of Engineers or an approved state under Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344);
(b) The requirements of a permit issued by the U.S. Army Corps of Engineers under Section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413); or
(c) In the case of U.S. Army Corps of Engineers civil works projects, the administrative equivalent of the permits referred to in subsections (10)(a) and (b) of this section, as provided for in U.S. Army Corps of Engineers regulations, including, for example, 33 CFR 336.1, 336.2, and 337.6;
(11) Biosolids that are managed under Chapter 173-308 WAC, Biosolids management;
(12) Domestic septage taken to a sewage treatment plant permitted under Chapter 90.48 RCW, Water pollution control;
(13) Liquid wastes, the discharge or potential discharge of which is regulated under federal, state or local water pollution permits;
(14) Domestic wastewater facilities and industrial wastewater facilities otherwise regulated by federal, state, or local water pollution permits;
(15) Dangerous wastes fully regulated under Chapter 70.105 RCW, Hazardous waste management, and Chapter 173-303 WAC, Dangerous waste regulations;
(16) Special incinerator ash regulated under Chapter 173-306 WAC, Special incinerator ash management standards;
(17) PCB wastes regulated under 40 CFR 761, Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution in Commerce, and Use Prohibitions, except for:
(a) PCB household waste; and
(b) PCB bulk product wastes identified in 40 CFR 761.62(b)(1) that are disposed of in limited purpose landfills;
(18) Radioactive wastes, defined by Chapter 246-220 WAC, Radiation protection - General provisions, and Chapter 246-232 WAC, Radioactive protection - Licensing applicability;
(19) Landfilling of municipal solid waste regulated under Chapter 173-351 WAC, Criteria for municipal solid waste landfills;
(20) Drop boxes used solely for collecting recyclable materials;
(21) Intermodal facilities as defined in LCC 8.45.060; and
(22) Solid waste handling facilities that have engaged in closure and closed before the effective date of this chapter;
(23) Nothing in these rules and regulations is intended to supersede the provisions of the Lewis County Right to Farm Ordinance, to the extent that such ordinance is consistent with the minimum standards of Chapters 70.05 and 70.95 RCW and Chapter 173-350 WAC, Solid waste handling standards. [Ord. 1250, 2013]
8.45.040 Owner responsibilities for solid waste.
The owner, operator, or occupant of any property, premises, business establishment, or industry shall be responsible for the satisfactory and legal arrangement for the solid waste handling of all solid waste generated or accumulated on the property. It is a violation of this chapter for any owner, operator, or occupant to place, maintain, or allow solid waste to remain upon their property without a permit issued under this chapter. [Ord. 1250, 2013]
8.45.050 Effective dates.
(1) Effective Dates - New Facilities. These standards apply to all facilities, except existing facilities, as defined in this chapter, upon the effective date of this chapter.
(2) Effective Dates - Existing Facilities.
(a) The owner or operator of existing facilities shall:
(i) Meet all applicable operating, environmental monitoring, closure and post-closure planning, and financial assurance requirements of this chapter by February 10, 2005; and
(ii) Meet all applicable performance and design requirements, other than location or setback requirements, by December 31, 2014.
(b) These standards apply to all new solid waste handling units at existing facilities upon the effective date of this chapter.
(c) The owner or operator of existing facilities shall initiate the permit modification process outlined in LCC 8.45.120 by February 28, 2014. If a permit modification is necessary, every application for a permit modification shall describe the date and methods for altering an existing facility to meet subsection (2)(a) of this section.
(d) The jurisdictional health department shall determine if a new permit application is required based on the extent of the changes needed to bring the facility into compliance.
(e) An existing facility completing closure shall close in compliance with applicable requirements of this chapter. [Ord. 1250, 2013]
8.45.060 Definitions.
When used in this chapter, the following terms have the meanings given below:
(1) “Active area” means that portion of a facility where solid waste recycling, reuse, treatment, storage, or disposal operations are being, are proposed to be, or have been conducted. Setbacks shall not be considered part of the active area of a facility.
(2) “Aerobic decomposition” means decomposition of organic materials primarily by aerobic microbes under controlled conditions.
(3) “Agricultural composting” means composting of agricultural waste as an integral component of a system designed to improve soil health and recycle agricultural wastes. Agricultural composting is conducted on lands used for farming.
(4) “Agricultural wastes” means wastes on farms resulting from the raising or growing of plants and animals including, but not limited to, crop residue, manure from herbivores and nonherbivores, animal bedding, and carcasses of dead animals.
(5) “Agronomic rates” means the application rate (dry weight basis) that will provide the amount of nitrogen or other critical nutrient required for optimum growth of vegetation, and that will not result in the violation of applicable standards or requirements for the protection of ground or surface water as established under Chapter 90.48 RCW, Water pollution control, and related rules including Chapter 173-200 WAC, Water quality standards for groundwaters of the state of Washington, and Chapter 173-201A WAC, Water quality standards for surface waters of the state of Washington.
(6) “Air quality standard” means a standard set for maximum allowable contamination in ambient air as set forth in Chapter 173-400 WAC, General regulations for air pollution sources.
(7) “Anaerobic digester” means a vessel that processes organic material into biogas and digestate through microbial decomposition under anaerobic (low oxygen) conditions.
(8) “Below ground tank” means a device meeting the definition of “tank” in this chapter where a portion of the tank wall is situated to any degree within the ground, thereby preventing visual inspection of that external surface of the tank that is in the ground.
(9) “Beneficial use” means the use of solid waste as an ingredient in a manufacturing process, or as an effective substitute for natural or commercial products, in a manner that does not pose a threat to human health or the environment. Avoidance of processing or disposal cost alone does not constitute beneficial use.
(10) “Biofilter” means a bed or layer of material that supports beneficial microorganisms, typically a mixture of compost and wood chips, designed to filter and treat air emissions. A biofilter adsorbs and then biologically degrades odorous compounds.
(11) “Biosolids” means municipal sewage sludge that is a primarily organic, semisolid product resulting from the wastewater treatment process, that can be beneficially recycled and meets all applicable requirements under Chapter 173-308 WAC, Biosolids management. Biosolids includes a material derived from biosolids and septic tank sludge, also known as septage, that can be beneficially recycled and meets all applicable requirements under Chapter 173-308 WAC, Biosolids management.
(12) “Buffer” means a permanently vegetated strip adjacent to an application area, the purpose of which is to filter runoff or overspray from the application area and protect an adjacent area.
(13) “Bulking agent” means an ingredient used to improve structure and porosity, or to lower moisture content, primarily in composting. Bulking agents improve convective air flow and reduce settling and compaction. Bulking agents may include, but are not limited to, wood waste, straw, and other high-carbon materials.
(14) “Cab cards” means a license carried in a vehicle that authorizes that vehicle to legally pick up waste tires and haul to a permitted, licensed facility or an exempt facility for deposit.
(15) “Capacity” means the maximum amount of material that can be contained on site at any one time. Capacity is identified by the conditions of exemption, the permit, or the plan of operations as approved by the jurisdictional health department or the department. All material includes, but is not limited to, incoming waste, feedstocks, bulking agents, stockpiled wastes, active composting, curing piles, composted materials, and sorted recyclable materials on site.
(16) “Captive insurance companies” means companies that are wholly owned subsidiaries controlled by the parent company and established to insure the parent company or its other subsidiaries.
(17) “Channel migration zone” means the lateral extent of likely movement of a stream or river channel along a stream reach.
(18) “Clean soils and clean dredged material” means soils and dredged material which are not dangerous wastes, contaminated soils, or contaminated dredged material as defined in this section.
(19) “Closure” means those actions taken by the owner or operator of a solid waste handling facility to cease disposal operations or other solid waste handling activities, to ensure that all such facilities are closed in conformance with applicable regulations at the time of such closures and to prepare the site for the post-closure period.
(20) “Closure plan” means a written plan developed by an owner or operator of a facility detailing how a facility is to close at the end of its active life.
(21) “Composted material” means organic solid waste that has undergone biological degradation and transformation under controlled conditions designed to promote aerobic decomposition at a solid waste facility in compliance with the requirements of this chapter. Composting is a form of organic material recycling. Natural decay of organic solid waste under uncontrolled conditions does not result in composted material.
(22) “Composting” means the biological degradation and transformation of organic solid waste under controlled conditions designed to promote aerobic decomposition. Natural decay of organic solid waste under uncontrolled conditions is not composting.
(23) “Conditionally exempt small quantity generator (CESQG)” means a dangerous waste generator whose dangerous wastes are not subject to regulation under Chapter 70.105 RCW, Hazardous waste management, solely because the waste is generated or accumulated in quantities below the threshold for regulation and meets the conditions prescribed in WAC 173-303-070(8)(b).
(24) “Conditionally exempt small quantity generator (CESQG) waste” means dangerous waste generated by a conditionally exempt small quantity generator.
(25) “Container” means a portable device used for the collection, storage, and/or transportation of solid waste including, but not limited to, reusable containers, disposable containers, and detachable containers.
(26) “Contaminant” means any chemical, physical, biological, or radiological substance that does not occur naturally in the environment or that occurs at concentrations greater than natural background levels.
(27) “Contaminate” means the release of solid waste, leachate, or gases emitted by solid waste, such that contaminants enter the environment at concentrations that pose a threat to human health or the environment, or cause a violation of any applicable environmental regulation.
(28) “Contaminated dredged material” means dredged material resulting from the dredging of surface waters of the state where contaminants are present in the dredged material at concentrations not suitable for open water disposal and the dredged material is not dangerous waste and is not regulated by Section 404 of the Federal Clean Water Act (P.L. 95-217).
(29) “Contaminated soils” means soils removed during the cleanup of a hazardous waste site, or a dangerous waste facility closure, corrective actions or other clean-up activities and which contain harmful substances but are not designated dangerous wastes
(30) “Controlled conditions” means the conditions in which facilities must be operated to meet the performance standards of WAC 173-350-040 and the applicable handling standards of this chapter. Controlled conditions at compost facilities may include, but are not limited to, controlling odors, run-on and runoff, moisture levels, pH levels, carbon to nitrogen ratios, temperatures, oxygen levels, particle sizes, and free air space.
(31) “Corrosion expert” means a person certified by the National Association of Corrosion Engineers (NACE) or a registered professional engineer who has certification or licensing that includes education and experience in corrosion control.
(32) “Crop residues” means vegetative material left over from the harvesting of crops, including leftover pieces or whole fruits or vegetables, crop leaves and stems. Crop residue does not include food processing waste.
(33) “Dangerous wastes” means any solid waste designated as dangerous waste by the department under Chapter 173-303 WAC, Dangerous waste regulations.
(34) “Department” means the Lewis County health department.
(35) “Detachable containers” means reusable containers that are mechanically loaded or handled, such as a dumpster or drop box.
(36) “Digestate” means both solid and liquid substances that remain following anaerobic digestion of organic material in an anaerobic digester.
(37) “Disposable containers” means containers that are used once to handle solid waste, such as plastic bags, cardboard boxes and paper bags.
(38) “Disposal” or “deposition” means the discharge, deposit, injection, dumping, leaking, or placing of any solid waste into or on any land or water.
(39) “Domestic septage” means Class I, II or III domestic septage as defined in Chapter 173-308 WAC, Biosolids management.
(40) “Domestic wastewater facility” means all structures, equipment, or processes required to collect, carry away, treat, reclaim, or dispose of domestic wastewater together with such industrial waste as may be present.
(41) “Drop box facility” means a facility used for the placement of a detachable container, including the area adjacent for necessary entrance and exit roads, unloading and turn-around areas. Drop box facilities normally serve the general public with loose loads and receive waste from off site.
(42) “Energy recovery” means the recovery of energy in a usable form from mass burning or refuse-derived fuel incineration, pyrolysis or any other means of using the heat of combustion of solid waste that involves high temperature (above 1,200 degrees Fahrenheit) processing.
(43) “Existing facility” means a facility which is owned or leased, and in operation, or for which facility construction has begun, on or before the effective date of this chapter and the owner or operator has obtained permits or approvals necessary under federal, state and local statutes, regulations and ordinances.
(44) “Facility” means all contiguous land (including buffers and setbacks) and structures, other appurtenances, and improvements on the land used for solid waste handling.
(45) “Facility construction” means the continuous on-site physical act of constructing solid waste handling unit(s) or when the owner or operator of a facility has entered into contractual obligations for physical construction of the facility that cannot be canceled or modified without substantial financial loss.
(46) “Facility structures” means constructed infrastructure such as buildings, sheds, utility lines, and piping on the facility.
(47) “Feedstock” means a source-separated waste material used as a component of composting, manufacturing, or as part of an industrial process.
(48) “Food processing waste” means a source-separated organic material that is generated by a food processing facility licensed to process food by the United States Department of Agriculture, the United States Food and Drug Administration, the Washington State Department of Agriculture, or other applicable regulatory agency. Food processing wastes may include, but are not limited to, sludge from food processing water treatment plants, culls, DAF (dissolved air flotation from a food processing facility), pomace, and paunch manure, not intended for animal or human consumption.
(49) “Garbage” means putrescible solid wastes.
(50) “Ground water” means that part of the subsurface water that is in the zone of saturation.
(51) “Health officer” means the Lewis County health officer, as defined in Chapter 70.05 RCW, or the health officer’s duly authorized representative.
(52) “Holocene fault” means a plane along which earthen material on one side has been displaced with respect to that on the other side and has occurred in the most recent epoch of the Quaternary period extending from the end of the Pleistocene to the present.
(53) “Home composting” means composting of on-site generated wastes, and incidental materials beneficial to the composting process, by the owner or person in control of a single-family residence, or for a dwelling that houses two to five families, such as a duplex or clustered dwellings.
(54) “Household hazardous wastes” means any waste which exhibits any of the properties of dangerous wastes that is exempt from regulation under Chapter 70.105 RCW, Hazardous waste management, solely because the waste is generated by households. Household hazardous waste can also include other solid waste identified in the local hazardous waste management plan prepared pursuant to Chapter 70.105 RCW, Hazardous waste management.
(55) “Hydrostratigraphic unit” means any water-bearing geologic unit or units hydraulically connected or grouped together on the basis of similar hydraulic conductivity which can be reasonably monitored; several geologic formations or part of a geologic formation may be grouped into a single hydrostratigraphic unit; perched sand lenses may be considered a hydrostratigraphic unit or part of a hydrostratigraphic unit, for example.
(56) “Incineration” means reducing the volume of solid wastes by use of an enclosed device using controlled flame combustion.
(57) “Incompatible waste” means a waste that is unsuitable for mixing with another waste or material because the mixture might produce excessive heat or pressure, fire or explosion, violent reaction, toxic dust, fumes, mists, or gases, or flammable fumes or gases.
(58) “Industrial solid wastes” means solid waste generated from manufacturing operations, food processing, or other industrial processes.
(59) “Industrial wastewater facility” means all structures, equipment, or processes required to collect, carry away, treat, reclaim, or dispose of industrial wastewater.
(60) “Inert waste” means solid wastes that meet the criteria for inert waste in WAC 173-350-990.
(61) “Inert waste landfill” means a landfill that receives only inert wastes.
(62) “Intermediate solid waste handling facility” means any intermediate use or processing site engaged in solid waste handling which is not the final site of disposal. This includes material recovery facilities, transfer stations, drop boxes, baling and compaction sites.
(63) “Intermodal facility” means any facility operated for the purpose of transporting closed containers of waste and the containers are not opened for further treatment, processing or consolidation of the waste.
(64) “Jurisdictional health department” means Lewis County health department.
(65) “Land application site” means a contiguous area of land under the same ownership or operational control on which solid wastes are beneficially utilized for their agronomic or soil-amending capability.
(66) “Land reclamation” means using solid waste to restore drastically disturbed lands including, but not limited to, construction sites and surface mines. Using solid waste as a component of fill is not land reclamation.
(67) “Landfill” means a disposal facility or part of a facility at which solid waste is permanently placed in or on land including facilities that use solid waste as a component of fill.
(68) “Leachate” means water or other liquid within a solid waste handling unit that has been contaminated by dissolved or suspended materials due to contact with solid waste or gases.
(69) “Limited moderate risk waste” means waste batteries, waste oil, and waste antifreeze generated from households.
(70) “Limited moderate risk waste facility” means a facility that collects, stores, and consolidates only limited moderate risk waste.
(71) “Limited purpose landfill” means a landfill which is not regulated or permitted by other state or federal environmental regulations that receives solid wastes limited by type or source. Limited purpose landfills include, but are not limited to, landfills that receive segregated industrial solid waste, construction, demolition and landclearing debris, wood waste, ash (other than special incinerator ash), and dredged material. Limited purpose landfills do not include inert waste landfills; municipal solid waste landfills regulated under Chapter 173-351 WAC, Criteria for municipal solid waste landfills; landfills disposing of special incinerator ash regulated under Chapter 173-306 WAC, Special incinerator ash management standards; landfills regulated under Chapter 173-303 WAC, Dangerous waste regulations; or chemical waste landfills used for the disposal of polychlorinated biphenyls (PCBs) regulated under 40 CFR 761, Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution in Commerce, and Use Prohibitions.
(72) “Liquid” means a substance that flows readily and assumes the form of its container but retains its independent volume.
(73) “Liquid waste” means any solid waste which is deemed to contain free liquids as determined by the Paint Filter Liquids Test, Method 9095, in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846.
(74) “Lithified earth material” means all rock, including all naturally occurring and naturally formed aggregates or masses of minerals or small particles of older rock that formed by crystallization of magma or by induration of loose sediments. This term does not include manmade materials, such as fill, concrete or asphalt, or unconsolidated earth materials, soil or regolith lying at or near the earth’s surface.
(75) “Local fire control agency” means a public or private agency or corporation providing fire protection such as a local fire department, the department of natural resources or the United States Forest Service.
(76) “Lower explosive limits” means the lowest percentage by volume of a mixture of explosive gases that will propagate a flame in air at 25 degrees centigrade and atmospheric pressure.
(77) “Manufactured organics” means source-separated solid wastes, such as nonplastic coated paper plates, cups, compostable bags, and other items designed to decompose through composting, anaerobic digestion, or through other organic materials recycling processes. Manufactured organics do not include physical contaminants such as plastics and coated paper products that will not readily decompose under typical composting conditions, or wood derived fuel or wood waste as defined in this section.
(78) “Manure and bedding” means manure (feces) and bedding from herbivorous animals such as horses, cows, sheep, and goats.
(79) “Material recovery facility” means any facility that collects, compacts, repackages, sorts, or processes for transport source-separated solid waste for the purpose of recycling.
(80) “Mobile systems and collection events” means activities conducted at a temporary location to collect moderate risk waste.
(81) “Moderate risk waste (MRW)” means solid waste that is limited to conditionally exempt small quantity generator (CESQG) waste and household hazardous waste (HHW) as defined in this chapter.
(82) “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 WAC 173-350-360(2) or (3).
(83) “Municipal solid waste (MSW)” means a subset of solid waste which includes unsegregated garbage, refuse and similar solid waste material discarded from residential, commercial, institutional and industrial sources and community activities, including residue after recyclables have been separated. Solid waste that has been segregated by source and characteristic may qualify for management as a non-MSW solid waste, at a facility designed and operated to address the waste’s characteristics and potential environmental impacts. The term MSW does not include:
(a) Dangerous wastes other than wastes excluded from the requirements of Chapter 173-303 WAC, Dangerous waste regulations, in WAC 173-303-071 such as household hazardous wastes;
(b) Any solid waste, including contaminated soil and debris, resulting from response action taken under Section 104 or 106 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. 9601); Chapter 70.105D RCW, Hazardous waste cleanup - Model Toxics Control Act; Chapter 173-340 WAC, the Model Toxics Control Act cleanup regulation or a remedial action taken under those rules; nor
(c) Mixed or segregated recyclable material that has been source-separated from garbage, refuse and similar solid waste. The residual from source-separated recyclables is MSW.
(84) “Natural background” means the concentration of chemical, physical, biological, or radiological substances consistently present in the environment that has not been influenced by regional or localized human activities. Metals at concentrations naturally occurring in bedrock, sediments and soils due solely to the geologic processes that formed the materials are natural background. In addition, low concentrations of other persistent substances due solely to the global use or formation of these substances are natural background.
(85) “New solid waste handling unit” means a solid waste handling unit that begins operation or facility construction, and significant modifications to existing solid waste handling units, after the effective date of this chapter.
(86) “Nuisance odor” means any odor which is found offensive or may unreasonably interfere with any person’s health, comfort, or enjoyment beyond the property boundary of a facility.
(87) “On farm” means activities taking place on any agricultural land under the control of the same entity including parcels that are not geographically contiguous but managed by the same entity for agricultural production.
(88) “One-hundred-year floodplain” means any land area that is subject to one percent or greater chance of flooding in any given year from any source.
(89) “Open burning” means the burning of solid waste materials in an open fire or an outdoor container without providing for the control of combustion or the control of emissions from the combustion.
(90) “Organic feedstocks” means source-separated organic materials including bulking agents suitable for vermicomposting, composting, anaerobic digestion, and other processes that transform organic materials into usable or marketable materials.
(91) “Organic materials” means any solid waste that is a biological substance of plant or animal origin capable of microbial degradation. Organic materials include, but are not limited to, manure, yard debris, food waste, food processing wastes, wood waste, and garden wastes.
(92) “Other conversion technologies” means processes that transform organic feedstocks into usable or marketable materials, but does not include composting, vermicomposting, or anaerobic digestion.
(93) “Overburden” means the earth, rock, soil, and topsoil that lie above mineral deposits.
(94) “Permeability” means the ease with which a porous material allows liquid or gaseous fluids to flow through it. For water, this is usually expressed in units of centimeters per second and termed hydraulic conductivity.
(95) “Permit” means an authorization issued by the health officer which allows a person to perform solid waste activities at a specific location and which includes specific conditions for such facility operations.
(96) “Person” means an individual, firm, association, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatever.
(97) “Physical contaminants” as they relate to incoming feedstocks and compost quality means inorganic and organic constituents that are not readily decomposed during the composting process including, but not limited to, plastics, glass, textiles, rubber, leather, metal, ceramics, polystyrene, and wood pieces containing paint, laminates, bonding agents or chemical preservations such as creosote, pentachlorophenol, or copper-chrome-arsenate.
(98) “Pile” means any noncontainerized accumulation of solid waste that is used for treatment or storage.
(99) “Plan of operation” means the written plan developed by an owner or operator of a facility detailing how a facility is to be operated during its active life.
(100) “Point of compliance” means a point established in the ground water by the health officer as near a possible source of release as technically, hydrogeologically and geographically feasible.
(101) “Post-closure” means the requirements placed upon disposal facilities after closure to ensure their environmental safety for at least a 20-year period or until the site becomes stabilized (i.e., little or no settlement, gas production, or leachate generation).
(102) “Post-closure plan” means a written plan developed by an owner or operator of a facility detailing how a facility is to meet the post-closure requirements for the facility.
(103) “Post-consumer food waste” means source-separated organic materials originally intended for human consumption including, but not limited to, vegetables, fruits, grains, meats and dairy products resulting from serving food. Post-consumer food waste is typically collected from cafeterias, homes, and restaurants.
(104) “Preconsumer vegetative waste” means source-separated organic materials from animals such as meat, fat, dairy, or eggs that are a result of food preparation for human consumption or are products that did not reach the intended consumer. Preconsumer animal-based wastes are typically collected from food processing facilities and grocery stores.
(105) “Preconsumer vegetative waste” means source-separated organic materials from vegetables, such as pits, peels, and pomace from human food preparation, or vegetable products that did not reach the consumer. Preconsumer vegetative wastes are typically collected from food processing facilities and grocery stores.
(106) “Premises” means a tract or parcel of land with or without habitable buildings.
(107) “Private facility” means a privately owned facility maintained on private property solely for the purpose of managing waste generated by the entity owning the site.
(108) “Processing” means an operation to convert a material into a useful product or to prepare it for reuse, recycling, or disposal.
(109) “Product take-back center” means a retail outlet or distributor that accepts household hazardous waste of comparable types as the products offered for sale or distributed at that outlet.
(110) “Public facility” means a publicly or privately owned facility that accepts solid waste generated by other persons.
(111) “Putrescible waste” means solid waste which contains material capable of being readily decomposed by microorganisms and which is likely to produce offensive odors.
(112) “Pyrolysis” means the process in which solid wastes are heated in an enclosed device in the absence of oxygen to vaporization, producing a hydrocarbon-rich gas capable of being burned for recovery of energy.
(113) “Recyclable materials” means those solid wastes that are separated for recycling or reuse, including, but not limited to, papers, metals, and glass, that are identified as recyclable material pursuant to a local comprehensive solid waste plan.
(114) “Recycling” means transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill disposal or incineration. Recycling does not include collection, compacting, repackaging, and sorting for the purpose of transport.
(115) “Representative sample” means a sample that can be expected to exhibit the average properties of the sample source.
(116) “Reserved” means a section having no requirements and which is set aside for future possible rule making as a note to the regulated community.
(117) “Reusable containers” means containers that are used more than once to handle solid waste, such as garbage cans.
(118) “Runoff” means any rainwater, leachate or other liquid that drains over land from any part of the facility.
(119) “Run-on” means any rainwater or other liquid that drains over land onto any part of a facility.
(120) “Scavenging” means the removal of materials at a disposal facility, or intermediate solid waste handling facility, without the approval of the owner or operator and the health officer.
(121) “Seismic impact zone” means an area with a 10 percent or greater probability that the maximum horizontal acceleration in lithified earth material, expressed as a percentage of the earth’s gravitational pull, will exceed 0.10g in 250 years.
(122) “Setback” means that part of a facility that lies between the active area and the property boundary.
(123) “Sewage sludge” means solid, semisolid, or liquid residue generated during the treatment of domestic sewage in a treatment works. Sewage sludge includes, but is not limited to, domestic septage; scum or solids removed in primary, secondary, or advanced wastewater treatment processes; and a material derived from sewage sludge. Sewage sludge does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings generated.
(124) “Soil amendment” means any substance that is intended to improve the physical characteristics of soil, except composted material, commercial fertilizers, agricultural liming agents, unmanipulated animal manures, unmanipulated vegetable manures, food wastes, food processing wastes, and materials exempted by rule of the department, such as biosolids as defined in Chapter 70.95J RCW, Municipal sewage sludge - Biosolids and wastewater, as regulated in Chapter 90.48 RCW, Water pollution control.
(125) “Solid waste” or “wastes” means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, demolition and construction wastes, abandoned vehicles or parts thereof, contaminated soils and contaminated dredged material, and recyclable materials.
(126) “Solid waste handling” means the management, storage, collection, transportation, treatment, use, processing or final disposal of solid wastes, including the recovery and recycling of materials from solid wastes, the recovery of energy resources from such wastes or the conversion of the energy in such wastes to more useful forms or combinations thereof.
(127) “Solid waste handling unit” means discrete areas of land, sealed surfaces, liner systems, excavations, facility structures, or other appurtenances within a facility used for solid waste handling.
(128) “Source separation” means the separation of different kinds of solid waste at the place where the waste originates.
(129) “Specified risk material” means the skull, brain, trigeminal ganglia (nerves attached to brain and close to the skull exterior), eyes, spinal cord, distal ileum (a part of the small intestine), and the dorsal root ganglia (nerves attached to the spinal cord and close to the vertebral column) of cattle aged 30 months or older.
(130) “Storage” means the holding of solid waste materials for a temporary period.
(131) “Surface impoundment” means a facility or part of a facility which is a natural topographic depression, manmade excavation, or diked area formed primarily of earthen materials (although it may be lined with manmade materials), and which is designed to hold an accumulation of liquids or sludges. The term includes holding, storage, settling, and aeration pits, ponds, or lagoons, but does not include injection wells.
(132) “Surface water” means all lakes, rivers, ponds, wetlands, streams, inland waters, salt waters and all other surface water and surface water courses within the jurisdiction of the state of Washington.
(133) “Tank” means a stationary device designed to contain an accumulation of liquid or semisolid materials meeting the definition of solid waste or leachate, and which is constructed primarily of nonearthen materials to provide structural support.
(134) “Throughput” means the amount of incoming feedstocks in tons or cubic yards that a solid waste facility processes in a given amount of time, such as a calendar year. Throughput is identified by the conditions of exemption, the permit, or the plan of operations as approved by the Lewis County health department or the Department of Ecology.
(135) “Transfer station” means a permanent, fixed, supplemental collection and transportation facility, used by persons and route collection vehicles to deposit collected solid waste from off site into a larger transfer vehicle for transport to a solid waste handling facility.
(136) “Treatment” means the physical, chemical, or biological processing of solid waste to make such solid wastes safer for storage or disposal, amenable for recycling or energy recovery, or reduced in volume.
(137) “Twenty-five-year storm” means a storm of 24 hours’ duration and of such intensity that it has a four percent probability of being equaled or exceeded each year.
(138) “Universal wastes” means universal wastes as defined in Chapter 173-303 WAC, Dangerous waste regulations. Universal wastes include, but may not be limited to, dangerous waste batteries, mercury-containing thermostats, and universal waste lamps generated by fully regulated dangerous waste generators or CESQGs.
(139) “Unstable area” means a location that is susceptible to forces capable of impairing the integrity of the facility’s liners, monitoring system or structural components. Unstable areas can include poor foundation conditions and areas susceptible to mass movements.
(140) “Vadose zone” means that portion of a geologic formation in which soil pores contain some water, the pressure of that water is less than atmospheric pressure, and the formation occurs above the zone of saturation.
(141) “Vector” means 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.
(142) “Vermicomposting” means the controlled and managed process by which live worms convert organic residues into dark, fertile, granular excrement.
(143) “Waste tires” means any tires that are no longer suitable for their original intended purpose because of wear, damage or defect. Used tires, which were originally intended for use on public highways that are considered unsafe in accordance with RCW 46.37.425, are waste tires. Waste tires also include quantities of used tires that may be suitable for their original intended purpose when mixed with tires considered unsafe per RCW 46.37.425.
(144) “Wetlands” means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
(145) “Wood derived fuel” means wood pieces or particles used as a fuel for energy recovery, which contain paint, bonding agents, or creosote. Wood derived fuel does not include wood pieces or particles coated with paint that contains lead or mercury, or wood treated with other chemical preservatives such as pentachlorophenol, copper naphthanate, or copper-chrome-arsenate.
(146) “Wood waste” means solid waste consisting of wood pieces or particles generated as a by-product or waste from the manufacturing of wood products, construction, demolition, handling and storage of raw materials, trees and stumps. This includes, but is not limited to, sawdust, chips, shavings, bark, pulp, hogged fuel, and log sort yard waste, but does not include wood pieces or particles containing paint, laminates, bonding agents or chemical preservatives such as creosote, pentachlorophenol, or copper-chrome-arsenate.
(147) “Yard debris” means plant material commonly created in the course of maintaining yards and gardens and through horticulture, gardening, landscaping or similar activities. Yard debris includes, but is not limited to, grass clippings, leaves, branches, brush, weeds, flowers, roots, windfall fruit, and vegetable garden debris.
(148) “Zone of saturation” means that part of a geologic formation in which soil pores are filled with water and the pressure of that water is equal to or greater than atmospheric pressure. [Ord. 1250, 2013]
8.45.070 Performance standards.
The owner or operator of all solid waste facilities subject to this chapter shall:
(1) Design, construct, operate, and close all facilities in a manner that does not pose a threat to human health or the environment;
(2) Comply with Chapter 90.48 RCW, Water pollution control; and implementing regulations, including Chapter 173-200 WAC, Water quality standards for groundwaters of the state of Washington;
(3) Conform to the approved local comprehensive solid waste management plan prepared in accordance with Chapter 70.95 RCW, Solid waste management - Reduction and recycling, and/or the local hazardous waste management plan prepared in accordance with Chapter 70.105 RCW, Hazardous waste management;
(4) Not cause any violation of emission standards or ambient air quality standards at the property boundary of any facility and comply with Chapter 70.94 RCW, Washington Clean Air Act; and
(5) Comply with all other applicable local, state, and federal laws and regulations. [Ord. 1250, 2013]
8.45.080 Facility standards.
Department of Ecology Facility Standards Adopted by Reference. The solid waste facility standards contained in Chapter 173-350 WAC, as amended, and as hereafter adopted by Ecology, are hereby adopted by reference. These facility standards include the following:
(1) WAC 173-350-210, Recycling.
(2) WAC 173-350-220, Composting facilities.
(3) WAC 173-350-225, Other organic material handling activities.
(4) WAC 173-350-230, Land application.
(5) WAC 173-350-240, Energy recovery and incineration facilities.
(6) WAC 173-350-250, Anaerobic digesters.
(7) WAC 173-350-300, On-site storage, collection and transportation standards.
(8) WAC 173-350-310, Intermediate solid waste handling facilities.
(9) WAC 173-350-320, Piles used for storage or treatment.
(10) WAC 173-350-330, Surface impoundments and tank.
(11) WAC 173-350-350, Waste tire storage and transportation, except the following design standards shall apply:
(a) Tires shall not be within 50 feet of a property line or right-of-way, nor within 60 feet of a building or structure.
(b) There shall be a fence not less than six feet in height surrounding the waste tire storage facility and which shall be sufficient in height and length as to obstruct the full view of the piles from adjoining property and public roadways.
(c) The separation between piles of tires shall be a minimum of 40 feet and shall be kept free of waste tires.
(d) The health officer may require a dirt berm or barrier not less than five feet in height to be erected around each pile of tires.
(e) Where berms or barriers are required, the 40 feet will include 10 feet at the base of each dirt berm or barrier plus 20 between dirt berms or barriers.
(f) Piles of TDM or TDF shall not be within 50 feet of a property line or right-of-way, nor within 60 feet of a building or structure, and shall be maintained and contained upon a concrete pad(s) or similar solid, impervious surface(s).
(12) WAC 173-350-360, Moderate risk waste handling.
(13) WAC 173-350-400, Limited purpose landfills.
(14) WAC 173-350-410, Inert waste landfills.
(15) WAC 173-350-490, Other methods of solid waste handling. [Ord. 1250, 2013]
8.45.090 Ground water monitoring.
Department of Ecology Ground Water Monitoring Requirements Adopted by Reference. The ground water monitoring requirements, contained in WAC 173-350-500, as amended, and as hereafter adopted by Ecology, are hereby adopted by reference. These requirements include the following:
(1) Ground water monitoring - Professional qualifications.
(2) Ground water monitoring - Site characterization.
(3) Ground water monitoring - System design.
(4) Ground water monitoring - Sampling and analysis plan.
(5) Ground water monitoring - Data analysis, notification and reporting. [Ord. 1250, 2013]
8.45.100 Financial assurance requirements.
Department of Ecology Financial Assurance Requirements Adopted by Reference. Department of Ecology financial assurance requirements, contained in WAC 173-350-600, as amended, and as hereafter adopted by Ecology, are hereby adopted by reference. These requirements include the following:
(1) Financial assurance requirements - Applicability.
(2) Financial assurance requirements - Definitions.
(3) Financial assurance requirements - Instrument options.
(4) Financial assurance requirements - Eligible financial assurance instruments.
(5) Financial assurance requirements - Cost estimate for closure.
(6) Financial assurance requirements - Cost estimate for post-closure.
(7) Financial assurance requirements - Closure/post-closure financial assurance account establishment and reporting.
(8) Financial assurance requirements - Fund withdrawal for closure and post-closure activities. [Ord. 1250, 2013]
8.45.105 Special considerations for marijuana waste.
The Washington Liquor Control Board regulations concerning solid waste disposal from marijuana activity, codified in WAC 314-55-097 now or as hereafter amended or supplemented, are adopted by reference. Except where marijuana-specific environmental or regulatory factors dictate otherwise, such waste shall be disposed of and/or managed in the same manner as other solid wastes, subject to the same permits, exemptions, or facilities. An inspection may be required to monitor compliance with marijuana-specific regulations. The manner in which such wastes are to be generated, disposed of, and/or managed shall be conformed to this chapter in the approved operating plan required by LCC 5.20.030. If such wastes may be dangerous wastes under Chapter 173-303 WAC, the waste generator shall bear responsibility for waste characterization and disposal, pursuant to the rules of the Department of Ecology, Southwest Clean Air Agency, or appropriate regulatory authority. [Ord. 1271 §4, 2017]
8.45.110 Permits required.
(1) No solid waste storage, treatment, processing, handling or disposal site or facility shall be maintained, established, substantially altered, expanded or improved until the person operating or owning such site has obtained a permit or permit deferral from the Lewis County health department pursuant to the provisions of this chapter, or a beneficial use exemption from the Department of Ecology pursuant to WAC 173-350-200. Facilities operating under categorical exemptions established by Chapter 173-350 WAC shall meet all the conditions of such exemptions or will be required to obtain a permit under this chapter. Persons dumping or depositing solid waste without a permit in violation of this chapter shall be subject to the penalty provisions of RCW 70.95.240 and this chapter.
(2) Permits issued under this chapter are not required for remedial actions performed by the state and/or in conjunction with the United States Environmental Protection Agency to implement the Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA), or remedial actions taken by others to comply with a state and/or federal clean-up order or consent decree.
(3) Lewis County health department may enter into an agreement with the Department of Ecology to provide any power that is specified in the contract and that is granted to the health department under Chapter 70.95 RCW, Solid waste management - Reduction and recycling. However, the health department shall have the approval of the Lewis County board of health before entering into any such agreement with the department.
(4) Local ordinances must be adopted by Lewis County not later than one year after the effective date of this chapter, and shall file the ordinances with the department within 90 days following local adoption. Local ordinance shall not be less stringent than this chapter, but may include additional requirements.
Permits issued under this chapter are not required for single-family residences and single-family farms whose year-round occupants engage in solid waste disposal regulated under WAC 173-351-700(4). [Ord. 1250, 2013]
8.45.120 Permit application and issuance and appeals.
(1) Permit Application Process.
(a) Any owner or operator required to obtain a permit shall apply for a permit from the Lewis County health department. All permit application filings shall include two copies of the application. An application shall not be considered complete by the health officer until the information required under this section has been submitted.
(b) Once the health officer determines that an application for a permit is complete, he/she shall:
(i) Investigate every application to determine whether the facilities meet all applicable laws and regulations, conform to the approved comprehensive solid waste management plan and/or the approved hazardous waste management plan, and comply with all zoning requirements; and
(ii) Refer one copy to the appropriate regional office of the Department of Ecology for review and comment.
(c) Application procedures for statewide beneficial use exemptions and permit deferrals are contained in WAC 173-350-200 and 173-350-710(8), respectively.
(2) General Permit Application Requirements.
(a) Every permit application shall be on a form supplied by the health officer and shall contain the following information:
(i) Contact information for the facility owner, and the facility operator and property owner if different, including contact name, company name, mailing address, phone, fax, and email;
(ii) Identification of the type of facility that is to be permitted;
(iii) Identification of any other permit (local, state or federal) in effect at the site;
(iv) A vicinity plan or map (having a minimum scale of 1:24,000) that shall show the area within one mile (1.6 km) of the property boundaries of the facility in terms of the existing and proposed zoning and land uses within that area, residences, and access roads, and other existing and proposed manmade or natural features that may impact the operation of the facility;
(v) Evidence of compliance with Chapter 197-11 WAC, SEPA rules;
(vi) Information as required under the appropriate facility permit application subsection of this chapter; and
(vii) Any additional information as requested by the jurisdictional health department or the Department of Ecology.
(b) Engineering plans, reports, specifications, programs, and manuals submitted to the jurisdictional health department or the Department of Ecology shall be prepared and certified by an individual licensed to practice engineering in the state of Washington, in an engineering discipline appropriate for the solid waste facility type or activity.
(c) All applications for permits shall be accompanied by evidence of authority to sign the application and shall be signed by the owner or operator as follows:
(i) In the case of corporations, by a duly authorized principal executive officer of at least the level of vice-president; in the case of a partnership or limited partnership, by:
(A) A general partner;
(B) Proprietor; or
(C) In case of sole proprietorship, by the proprietor.
(ii) In the case of a municipal, state, or other government entity, by a duly authorized principal executive officer or elected official.
(iii) Applications shall be signed or attested to by, or on behalf of, the owner or operator, in respect to the veracity of all statements therein; or shall bear an executed statement by, or on behalf of, the owner or operator to the effect that false statements made therein are made under penalty of perjury.
(iv) The signature of the applicant shall be notarized on the permit application form.
(3) Permit Issuance.
(a) When the health officer has evaluated all pertinent information, the officer may issue or deny a permit. Every solid waste permit application shall be approved or disapproved within 90 days after its receipt by the Lewis County health department. Every permit issued by Lewis County health department shall contain specific requirements necessary for the proper operation of the permitted site or facility.
(b) Every permit issued shall be valid for a period not to exceed five years at the discretion of the health officer.
(c) Lewis County health department shall file all issued permits with the appropriate regional office of the Department of Ecology no more than seven days after the date of issuance.
(d) The health officer is authorized to issue one permit for a location where multiple solid waste handling activities occur, provided all activities meet the applicable requirements of this chapter.
(4) Permit Renewals.
(a) Prior to renewing a permit, the health department shall conduct a review as it deems necessary to ensure that the solid waste handling facility or facilities located on the site continue to:
(i) Meet the solid waste handling standards of the department;
(ii) Comply with applicable local regulations; and
(iii) Conform to the approved solid waste management plan and/or the approved hazardous waste management plan.
(b) The health officer shall approve or deny a permit renewal within 45 days of conducting its review.
(c) Every permit renewal shall be valid for a period not to exceed five years at the discretion of the health officer.
(d) The Department of Ecology shall review the renewal in accordance with RCW 70.95.190 and report its findings to the health officer in writing.
(5) Permit Modifications. Any significant change to the operation, design, capacity, performance or monitoring of a permitted facility may require a modification to the permit. The following procedures shall be followed by an owner or operator prior to making any change in facility operation, design, performance or monitoring:
(a) The facility owner or operator shall consult with the Lewis County health department regarding the need for a permit modification;
(b) The health officer shall determine whether the proposed modification is significant. Upon a determination that a change is significant, the owner or operator shall make application for a permit modification, using the process outlined in subsections (1) through (3) of this section; and
(c) If the health officer determines that a proposed change is not significant and does not require a modification to the permit, the Department of Ecology shall be notified.
(6) Permit Denial - Appeals.
(a) The health officer or his/her designee may deny issuance or renewal of any permit issued under these regulations for:
(i) Failure of the holder to comply with the requirements of this chapter or any permit issued pursuant to this chapter; or
(ii) Failure to comply with any notice and order issued pursuant to this chapter related to the permitted activity; or
(iii) Interference with the health officer or his/her designee in the performance of his/her duties; or
(iv) Discovery by the health officer or his/her designee that a permit was issued in error or on the basis of incorrect information supplied to him/her; or
(v) The dishonor of any check or draft used by the permit holder to pay any fees associated with the permit.
(b) Whenever the health officer denies a permit or permit renewal for a solid waste handling facility, the applicant may request a hearing within 10 days before the county hearing examiner pursuant to Chapter 2.25 LCC. A hearing will be granted within 30 days.
(c) Any party aggrieved by the hearing examiner’s determination may appeal such denial to the State Pollution Control Hearings Board by filing with the Board a notice of appeal within 30 days after receipt of notice of the determination of the hearing examiner.
(d) If the health officer denies a permit renewal for an operating waste recycling facility that receives waste from more than one city or county, and the applicant or holder of the permit requests a hearing or files an appeal under this section, the permit denial shall not be effective until the completion of the appeal process under this section, unless the health officer declares that continued operation of the waste recycling facility poses a very probable threat to human health and the environment.
(e) Procedures for appealing beneficial use exemption determinations are contained in WAC 173-350-200.
(f) Notwithstanding any other provision of this regulation, whenever the health officer finds that a violation of this regulation has created or is creating an unsanitary, dangerous or other condition which, in his/her judgment, constitutes an immediate and irreparable hazard, he/she may, without service of a written notice and order, suspend and terminate operations under the permit immediately.
(7) Variances.
(a) Any person who owns or operates a solid waste handling facility subject to a solid waste permit under WAC 173-350-700 may apply to the health officer for a variance from any section of this chapter. No variance shall be granted for requirements specific to Chapter 70.95 RCW, Solid waste management - Reduction and recycling. The application shall be accompanied by such information as the health officer may require. The health officer may grant such variance, but only after due notice or a public hearing if requested, if it finds that:
(i) The solid waste handling practices or location do not endanger public health, safety or the environment; and
(ii) Compliance with the section from which variance is sought would produce hardship without equal or greater benefits to the public.
(b) No variance shall be granted pursuant to this section until the health officer has considered the relative interests of the applicant, other owners of property likely to be affected by the handling practices and the general public.
(c) Any variance or renewal shall be granted within the requirements of subsections (1) through (3) of this section and for time period and conditions consistent with the reasons therefor, and within the following limitations:
(i) If the variance is granted on the grounds that there is no practicable means known or available for the adequate prevention, abatement, or control of pollution involved, it shall be only until the necessary means for prevention, abatement or control become known and available and subject to the taking of any substitute or alternative measures that the health officer may prescribe;
(ii) The health officer may grant a variance conditioned by a timetable if:
(A) Compliance with this chapter will require spreading of costs over a considerable time period; and
(B) The timetable is for a period that is needed to comply with this chapter.
(d) An application for a variance, or for the renewal thereof, submitted to the health officer shall be approved or disapproved by the health officer within 90 days of receipt unless the applicant and the health officer agree to a continuance.
(e) No variance shall be granted by a health officer except with the approval and written concurrence of the Department of Ecology prior to action on the variance by the jurisdictional health department.
(8) Permit Deferral.
(a) A jurisdictional health department may, at its discretion and with the concurrence of the Department of Ecology, waive the requirement that a solid waste permit be issued for a facility under this chapter by deferring to other air, water or environmental permits issued for the facility which provide an equivalent or superior level of environmental protection.
(b) The requirement to obtain a solid waste permit from the jurisdictional health department shall not be waived for any transfer station, landfill, or incinerator that receives municipal solid waste destined for final disposal.
(c) Any deferral of permitting or regulation of a solid waste facility granted by the Department of Ecology or a jurisdictional health department prior to June 11, 1998, shall remain valid and shall not be affected by this subsection.
(d) Any person who owns or operates an applicable solid waste handling facility subject to obtaining a solid waste permit may apply to the jurisdictional health department for permit deferral. Two copies of an application for permit deferral shall be signed by the owner or operator and submitted to the jurisdictional health department. Each application for permit deferral shall include:
(i) A description of the solid waste handling units for which the facility is requesting deferral;
(ii) A list of the other environmental permits issued for the facility;
(iii) A demonstration that identifies each requirement of this chapter and a detailed description of how the other environmental permits will provide an equivalent or superior level of environmental protection;
(iv) Evidence that the facility is in conformance with the approved comprehensive solid waste management plan and/or the approved hazardous waste management plan;
(v) Evidence of compliance with Chapter 197-11 WAC, SEPA rules; and
(vi) Other information that the jurisdictional health department or the Department of Ecology may require.
(e) The jurisdictional health department shall notify the applicant if it elects not to waive the requirement that a solid waste permit be issued for a facility under this chapter. If the jurisdictional health department elects to proceed with permit deferral, it shall:
(i) Forward one copy of the complete application to the department for review;
(ii) Notify the permit issuing authority for the other environmental permits described in subsection (8)(d)(ii) of this section and allow an opportunity for comment; and
(iii) Determine if the proposed permit deferral provides an equivalent or superior level of environmental protection.
(f) The Department of Ecology shall provide a written report of its findings to the jurisdictional health department and recommend for or against the permit deferral. The Department of Ecology shall provide its findings within 45 days of receipt of a complete permit deferral application or inform the jurisdictional health department as to the status with a schedule for its determination.
(g) No solid waste permit deferral shall be effective unless the Department of Ecology has provided written concurrence. All requirements for solid waste permitting shall remain in effect until the Department of Ecology has provided written concurrence.
(h) When the jurisdictional health department has evaluated all information, it shall provide written notification to the applicant and the Department of Ecology whether or not it elects to waive the requirement that a solid waste permit be issued for a facility under this chapter by deferring to other environmental permits issued for the facility. Every complete permit deferral application shall be approved or denied within 90 days after its receipt by the jurisdictional health department or the owner or operator shall be informed as to the status of the application with a schedule for final determination.
(i) The jurisdictional health department shall revoke any permit deferral if it or the Department of Ecology determines that the other environmental permits are providing a lower level of environmental protection than a solid waste permit. Jurisdictional health departments shall notify the facility’s owner or operator of intent to revoke the permit deferral and direct the owner or operator to take measures necessary to protect human health and the environment and to comply with the permit requirements of this chapter.
(j) Facilities which are operating under the deferral of solid waste permitting to other environmental permits shall:
(i) Allow the jurisdictional health department, at any reasonable time, to inspect the solid waste handling units which have been granted a permit deferral;
(ii) Notify the jurisdictional health department and the Department of Ecology whenever changes are made to the other environmental permits identified in subsection (8)(d)(ii) of this section. This notification shall include a detailed description of how the changes will affect the facility’s operation and a demonstration, as described in subsection (8)(d)(iii) of this section, that the amended permits continue to provide an equivalent or superior level of environmental protection to the deferred solid waste permits. If the amended permits no longer provide an equivalent or superior level of environmental protection, the facility owner or operator shall close the solid waste handling unit or apply for a permit from the jurisdictional health department;
(iii) Notify the jurisdictional health department and the Department of Ecology within seven days of discovery of any violation of, or failure to comply with, the conditions of the other environmental permits identified in subsection (8)(d)(ii) of this section;
(iv) Prepare and submit a copy of an annual report to the jurisdictional health department and the department by April 1st as required under the appropriate annual reporting section of this chapter;
(v) Operate in accordance with any other written conditions that the jurisdictional health department deems appropriate; and
(vi) Shall take any measures deemed necessary by the jurisdictional health department when the permit deferral has been revoked. [Ord. 1250, 2013]
8.45.130 Enforcement.
(1) Other Laws, Regulations and Agency Requirements. All solid waste management shall be subject to the authority of other laws, regulations or other agency requirements in addition to these rules and regulations. Nothing in these rules and regulations is intended to abridge or alter the rights of action by the state or by persons which exist in equity, common law or other statutes to abate pollution or to abate a nuisance. Chapter 173-350 WAC, the minimum functional standards for solid waste handling, or as amended, is hereby adopted by reference. If a conflict exists in the interpretation of Chapter 173-350 WAC and these regulations, the more stringent shall apply.
(2) Enforcement Authority. The health officer or his/her designee shall have the authority to enforce the provisions of these regulations equally on all persons. The health officer or his/her designee is also authorized to adopt rules consistent with the provisions of these rules and regulations for the purpose of enforcing and carrying out its provisions.
(3) Right of Entry.
(a) Whenever necessary to make an inspection of a nonpermitted site to enforce or determine compliance with the provisions of these regulations, and other relevant laws and regulations, or whenever the health officer or his/her designee has cause to believe that a violation of these regulations has been or is being committed by someone not holding a permit issued under this chapter, the health officer or his/her designee or his/her duly authorized inspector is exempt from the provisions of Chapter 1.25 LCC and may enter any building, structure, property or portion thereof at reasonable times to inspect the same, but only according to law.
(b) With respect to permit based inspections, the health officer, or designee, or duly authorized inspector must be given access to the inspection site, in accordance with the conditions of the permit. If such building, structure, property or portion thereof is occupied, the inspector shall present identification credentials, state the reason for the inspection, and request entry.
(4) Violations and Penalties - Persons Requiring a Permit. The requirements in this section apply to all persons which are required to obtain a permit under these regulations, or rules and regulations adopted under them.
(a) Violations - Investigations - Evidence. An authorized representative of the department may investigate alleged or apparent violations of these regulations. Upon request of the authorized representative of the department, the person allegedly or apparently in violation of these regulations shall provide information identifying themselves. Willful refusal to provide information identifying a person as required by this section is a misdemeanor.
(b) Notice and Order to Correct Violation.
(i) Issuance. Whenever the health officer determines that a violation has occurred or is occurring, he/she shall pursue reasonable attempts to secure voluntary correction, failing which he/she may issue to the property owner or to any person causing, allowing or participating in the violation a written notice and order to correct violation and/or to immediately cease such work or activity until authorized by the health officer or his/her designee to proceed.
(ii) Content and Process.
(A) The health officer or his/her designee shall issue such notice and order in writing to the person(s) creating, causing, participating in or allowing the violation.
(B) The notice of violation and order shall contain the following:
(I) The name and mailing address of the property owner or other person(s) to whom the notice of violation is directed by the health officer;
(II) A street address or legal description adequate for the identification of the activity, property or portion thereof upon which the violation is based;
(III) A description of the violation and a reference to the nature of the regulation violated which is sufficient to reasonably apprise the recipient of the nature of the violation;
(IV) A statement of the action required or action to be terminated to correct the violation and a time or date by which the corrective action must be completed so as to avoid citation, legal actions for injunction and abatement, or other enforcement actions;
(V) A statement of the possible penalties that may be assessed against the person(s) for each violation while the violation continues;
(VI) A statement that the violation may also constitute a criminal violation for each and every day, or portion of a day, for which the violation continues; and
(VII) A statement describing the appeals process under this section and Chapter 2.25 LCC and the time limitations for filing appeal.
(C) The notice shall be served upon the person(s) to whom it is directed, either personally or by mailing a copy of the notice by certified mail, postage prepaid and return receipt requested, to such persons at their last known mailing address. Proof of service shall be made at the time of service by written declaration under penalty of perjury executed by the party effecting such service, and declaring the date of service and, in the case of personal service, the time of service, and the manner by which service was made.
(iii) Supplemental Order to Correct Violation. The health officer may at any time add to, rescind in part, or otherwise modify a notice and order to correct violation. The supplemental order shall be governed by the same procedures applicable to all notice and order to correct violations issued under this chapter.
(iv) Enforcement of Final Order. If, after any order duly issued by the health officer or his/her designee has become final, the person to whom such order is directed fails, neglects, or refuses to obey such order, the health officer or his/her designee may:
(A) Cause such person to be prosecuted under these regulations; and/or
(B) Institute any appropriate action to impose and collect a civil penalty provided by law; and/or
(C) Abate the health violation; and/or
(D) Pursue any other appropriate remedy at law or equity;
(E) Issue a civil infraction under LCC 1.20.040.
(v) Written Assurance of Discontinuance. The health officer or his/her designee may accept a written assurance of discontinuance of any act in violation of this regulation from any person who has engaged in such act. Failure to comply with the assurance of discontinuance shall be a further violation of this chapter.
(c) Violations - Misdemeanor Penalty. Any person who:
(i) Fails, neglects, or refuses to obey a final order of the health officer or his/her designee to correct a violation; or
(ii) Fails, neglects, or refuses to comply with a written assurance of discontinuance; or
(iii) Operates a solid waste storage, treatment, processing, handling or disposal site or facility without a permit; or
(iv) Operates a solid waste storage, treatment, processing, handling or disposal site or facility after a permit has been suspended; or
(v) Dumps or deposits solid waste without a permit in violation of this chapter, is guilty of a misdemeanor, and, upon conviction, may be punished by imprisonment in the county jail for maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine. The court may also impose restitution.
(d) Abatement Orders. In addition to or as an alternative to any other judicial or administrative remedy provided in this chapter or by law or other rules and regulations, the health officer or his/her designee may order violation of this chapter to be abated. The effect of the abatement order shall be to require work to be done to correct the violation within a reasonable time period. If the required corrective work is not commenced or completed within the time specified, the health officer or his/her designee will proceed to abate the violation and cause the work to be done. The abatement order shall be posted upon the property where the violation is occurring, and shall be served upon the owner of the property either personally or by certified mail, return receipt requested, at the owner’s last known address. The property owner is responsible for the costs of all corrective action, whether done by the owner or the Department of Ecology or the health officer. The health officer shall have the right to collect the amount expended for abatement through appropriate legal action.
(e) Other Legal or Equitable Relief. Notwithstanding the existence or use of any other remedy, the health officer may seek legal or equitable relief to enjoin any acts or practices or abate any conditions which constitute or will constitute a violation of this chapter, or rules and regulations adopted under them.
(f) Permit Suspension and Appeal.
(i) Suspension of Permits.
(A) The health officer or his/her designee may suspend any permit issued under these regulations for:
(I) Failure of the holder to comply with the requirements of this chapter or any permit issued pursuant to this chapter; or
(II) Failure to comply with any notice and order issued pursuant to this chapter related to the permitted activity; or
(III) Interference with the health officer or his/her designee in the performance of his/her duties; or
(IV) Discovery by the health officer or his/her designee that a permit was issued in error or on the basis of incorrect information supplied to him/her; or
(V) The dishonor of any check or draft used by the permit holder to pay any fees associated with the permit.
(B) Permit suspension shall be carried out according to the notice and order provisions specified in this subsection (4). The suspension notice shall inform the holder or operator that, upon request, the operator or holder of the permit may receive a hearing on the suspension in front of the hearing examiner within 30 days of the request. The notice shall be sent to all interested parties, including the Department of Ecology. The suspension shall be effective upon service of the suspension notice and order upon the holder or operator. Requests for hearings shall comply with the rules in Chapter 2.25 LCC.
(C) Notwithstanding any other provision of this regulation, whenever the health officer finds that a violation of this regulation has created or is creating an unsanitary, dangerous or other condition which, in his/her judgment, constitutes an immediate and irreparable hazard, he/she may, without service of a written notice and order, suspend and terminate operations under the permit immediately.
(ii) Appeals.
(A) Whenever the health officer suspends a permit for a solid waste handling facility or orders the permit holder to terminate action, the permit holder may request a hearing before the county hearing examiner to appeal the suspension. The permit holder must request the hearing in writing within 10 days pursuant to Chapter 2.25 LCC. A hearing will be granted within 30 days.
(B) Any party aggrieved by the hearing examiner’s determination may appeal to the State Pollution Control Hearings Board by filing with the Board a notice of appeal within 30 days after receipt of notice of the determination of the hearing examiner.
(C) If the health officer suspends a permit for an operating waste recycling facility that receives waste from more than one city or county, and the applicant or holder of the permit requests a hearing or files an appeal under this section, the suspended permit shall not be effective until the completion of the appeal process under this section, unless the health officer declares that continued operation of the waste recycling facility poses a very probable threat to human health and the environment.
(D) Procedures for appealing beneficial use exemption determinations are contained in WAC 173-350-200.
(E) Enforcement of any notice and order of the health officer or his/her designee pursuant to these regulations shall be stayed during the pendency of any appeal under these regulations, except when the health officer determines that the violation will cause immediate and irreparable harm and so states in the notice and order issued. [Ord. 1250, 2013]
8.45.140 Solid waste facilities subject to remedial action measures.
When the owner or operator of a solid waste facility is subject to remedial measures in compliance with Chapter 173-340 WAC, the Model Toxics Control Act, the roles of the jurisdictional health department and the Department of Ecology shall be as follows:
(1) The jurisdictional health department:
(a) May participate in all negotiations, meetings, and correspondence between the owner and operator and the department in implementing the model toxics control action;
(b) May comment upon and participate in all decisions made by the department in assessing, choosing, and implementing a remedial action program;
(c) Shall require the owner or operator to continue closure and post-closure activities as appropriate under this chapter, after remedial action measures are completed; and
(d) Shall continue to regulate all solid waste facilities during construction, operation, closure and post-closure, that are not directly impacted by Chapter 173-340 WAC.
(2) The department shall carry out all the responsibilities assigned to it by Chapter 70.105D RCW, Hazardous waste cleanup -Model Toxics Control Act. [Ord. 1250, 2013]
8.45.150 Criteria for inert waste.
DOE Criteria for Inert Waste Adopted by Reference. DOE criteria for inert wastes contained in WAC 173-350-990, as amended, and as hereafter adopted by DOE, are hereby adopted by reference. [Ord. 1250, 2013]
8.45.160 Beneficial use permit exemptions.
Beneficial Use Permit Exemption - Applicability. Any person may apply to the Department of Ecology for exemption from the permitting requirements of Chapter 173-350 WAC for beneficial use of solid waste. Applications for permit exemptions shall be prepared and submitted in accordance with the requirements of WAC 173-350-200(3) and (4). Upon the department’s approval of an application for permit exemption, all approved beneficial use of solid waste shall be conducted in accordance with the terms and conditions for approval, as well as those general terms and conditions prescribed in WAC 173-350-200(2). [Ord. 1250, 2013]
8.45.170 Fee schedules.
The department may assess reasonable fees for all permits or other services or actions provided for in this chapter. The fees shall be charged by the department in the amounts specified in the Lewis County schedule of fees as adopted and undated from time to time by resolution of the Lewis County board of county commissioners; except that the department may charge pro rata fees for those inspections and reviews completed by the department prior to a written refund request. The fee schedule shall be on file with the board. [Ord. 1250, 2013]