Chapter 12.16 SOLID WASTE HANDLING AND FACILITIES

* Prior ordinance history: Resolution 9168, 1982, Resolution 9532, 1982, Resolution 9688, 1983, and Resolution 9688, 1983; Ordinance 12454, 1990, Ordinance 14058, 1991, Ordinance 15314, 1994, Ordinance 15366, 1994, Ordinance 15985, 1995, Ordinance 16260, 1996, Ordinance 17059, 1998 and Ordinance 17274, 1999.

12.16.010 Authority and scope.

These rules and regulations are promulgated under the authority of Chapter 70.05 RCW, Local Health Departments, Boards, Officers—Regulations, Chapter 70.95 RCW, Solid Waste Management—Reduction and Recycling, and Chapter 64.44 RCW, Contaminated Properties, and Chapter 246-203 WAC, General Sanitation, Chapter 173-304 WAC, Minimum Functional Standards for Solid Waste Handling, Chapter 173-350 WAC, Solid Waste Handling Standards, Chapter 173-351 WAC, Criteria for Municipal Solid Waste Landfills, and Chapter 246-205 WAC, Decontamination of Illegal Drug Manufacturing or Storage Sites, to protect and preserve the public health and environment, peace, safety and welfare of the citizens of Skagit County. (Ord. O20040014 (part))

12.16.020 Solid Waste Handling Standards adopted.

These rules and regulations hereby adopt as minimum requirements: Chapter 173-350 WAC, Solid Waste Handling Standards, as now codified or hereafter amended. When a section of these regulations conflicts with the Solid Waste Handling Standards, the more restrictive regulation shall apply. (Ord. O20040014 (part))

12.16.030 Criteria for Municipal Solid Waste Landfills adopted.

These rules and regulations hereby adopt as minimum requirements: Chapter 173-351 WAC, Criteria for Municipal Solid Waste Landfills, as now codified or hereafter amended. When a section of these regulations conflicts with the Criteria for Municipal Solid Waste Landfills, the more restrictive regulation shall apply. (Ord. O20040014 (part))

12.16.040 Minimum Functional Standards for Solid Waste Handling adopted.

These rules and regulations hereby adopt Chapter 173-304 WAC, the Minimum Functional Standards for Solid Waste Handling, of the Department of Ecology. When a section of these regulations conflicts with the Minimum Functional Standards for Solid Waste Handling, the more restrictive regulations shall apply. (Ord. O20040014 (part))

12.16.050 Effective dates.

These rules and regulations apply to all persons and premises and facilities upon the effective date of the ordinance codified in this Chapter. (Ord. O20040014 (part))

12.16.060 Definitions.

Terms used in this regulation shall have the meaning provided in WAC 173-350-100, hereby adopted by reference unless otherwise provided below. Terms related to municipal solid waste landfills are contained in Chapter 173-351 WAC, Criteria for Municipal Solid Waste Landfills. Terms relating to landfills closed pursuant to Chapter 173-304 WAC, Minimum Functional Standards for Solid Waste Handling, are contained in Chapter 173-304 WAC.

“Abandoned landfills” are locations that were operated as municipal solid waste landfills or were used as public dumps that were abandoned for use prior to the effective date of Chapter 173-304 WAC and/or that were never closed according to requirements in Chapter 173-304 WAC or subsequent applicable regulations.

“Agricultural solid wastes” are wastes resulting from the production of farm or agricultural products including manures wherever produced.

“Ashes” are the residue from the burning of wood, coal, coke or any other combustible materials.

“Batch” is any waste that is generated less frequently than once a month.

“Biomedical waste” (infectious waste or biohazardous wastes are synonymous terms) means, and is limited to, the following types of waste:

(1) “Animal waste” is waste animal carcasses, body parts, and bedding of animals that are known to be infected with, or that have been inoculated with, pathogenic microorganisms infectious to humans.

(2) “Biosafety level 4 disease waste” is waste contaminated with blood, excretions, exudates, or secretions from humans or animals who are isolated to protect others from highly communicable infectious diseases that are identified as pathogenic organisms assigned to biosafety level 4 by the Centers for Diseases Control, National Institute of Health, Biosafety in Microbiological and Biomedical Laboratories, current edition.

(3) “Cultures and stocks” are wastes infectious to humans and includes specimen cultures, cultures and stocks of etiologic agents, wastes from production of biologicals and serums, discarded live and attenuated vaccines, and laboratory waste that has come in contact with cultures and stocks of etiologic agents or blood specimens. Such waste includes but is not limited to culture dishes, blood specimen tubes, and devices used to transfer, inoculate, and mix cultures.

(4) “Human blood and blood products” is discarded waste human blood and blood components, and materials containing free-flowing blood and blood products.

(5) “Pathological waste” is waste human source biopsy materials, tissues, and anatomical parts that emanate from surgery, obstetrical procedures and autopsy. Pathological waste does not include teeth, human corpse remains, and anatomical parts that are intended for internment or cremation.

(6) “Sharps waste” is all hypodermic needles, syringes with needles attached, IV tubing with needles attached, scalpel blades, and lancets that have been removed from the original sterile package.

“Biomedical waste generator” is any commercial or clinical producer of biomedical waste to include without limitation the following categories: general acute care hospitals, skilled nursing facilities or convalescent hospitals, intermediate care facilities, in-patient care facilities for the developmentally disabled, chronic dialysis clinics, community clinics, health maintenance organizations, surgical clinics, urgent care clinics, acute psychiatric hospitals, laboratories, medical buildings, physicians’ offices and clinics, veterinary offices and clinics, dental offices and clinics, funeral homes, home health care facilities or other person whose act or process produces biomedical waste.

“Biosolids” shall mean municipal sewage sludge that is a primarily organic, semisolid product resulting from the wastewater treatment process that can be beneficially recycled and meets all requirements under Chapter 173-308 WAC.

“Board” shall mean the Skagit County Board of Health.

“Bulky waste” means large items of refuse, such as appliances, furniture, trees and stumps, and other oversize wastes.

“Closed landfills” are landfills that operated as municipal solid waste landfills or public dumps that are no longer in use and have been closed under the oversight of the Skagit County Health Department according to requirements in Chapter 173-304 WAC or subsequent applicable regulations.

“Collecting agency” is any agency, business or service operated by a person or a private or municipal corporation or other entity for the collecting of solid waste.

“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.

“Conditionally exempt small quantity generator (CESQG)” is 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).

“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.

“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.

“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.

“Contaminated soils and contaminated dredge material” includes but is not limited to petroleum-contaminated soils, dredged materials, vactor waste, and street sweepings. This is material that contains contaminants at concentrations which could negatively impact the existing quality of air, waters of the State, soils, or sediments, or pose a threat to the health of humans or other living organisms but would not meet the designation as dangerous waste according to Chapter 173-303 WAC.

“County” shall mean all the area within Skagit County including all the incorporated cities and towns.

“Dangerous waste” is any solid waste designated in WAC 173-303-070 through 173-303-100 as dangerous, extremely hazardous, or mixed waste.

“Extremely hazardous waste” is any dangerous and mixed waste designated in WAC 173-303-070 through 173-303-100 as extremely hazardous.

“Facility” shall mean all contiguous land (including buffer zones) and structures, other appurtenances, and improvements on the land used for solid waste handling.

“Facility structures” are the buildings, utility lines, and drainage systems on the facility.

“Failure to control garbage” is the accumulation or scattering of garbage on the grounds of a residence or business outside of appropriate covered storage containers.

“Food chain crops” are tobacco and crops grown for human consumption or for animal feeds intended for animals whose products are consumed by humans.

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

“Hazardous substance” is any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical, or biological properties described in WAC 173-303-090 or 173-303-100.

“Hazardous waste” shall mean those solid wastes designated by 40 C.F.R. part 261, and regulated as hazardous and/or mixed waste by the United States Environmental Protection Agency.

“Health Officer” shall mean the Skagit County Health Officer, as defined in RCW 70.05.010 or her or his authorized representative.

“Household hazardous waste” means any waste which exhibits any of the properties of dangerous wastes that are 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 Skagit County hazardous waste management plan prepared pursuant to Chapter 70.105 RCW, Hazardous Waste Management.

“Illegal drug lab or storage site” means any property where a person illegally manufactures or stores a controlled substance or a law enforcement agency or the property owner believes a person illegally manufactured or stored a controlled substance.

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

“Industrial wastes” are waste by-products at manufacturing operations.

“Inert waste” means solid wastes that meet the criteria for inert waste in WAC 173-350-990.

“Inert waste landfill” means a landfill that receives only inert waste.

“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.

“Jurisdictional health department” means the Skagit County Health Department (RCW 70.95.030).

“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.

“Leachate” means water or other liquid that has passed through a solid waste handling unit or an accumulation of solid waste and has been contaminated by dissolved, suspended and/or microbial materials due to contact with solid waste or gases.

“Light material” is paper, plastic, cardboard, and other wastes which may be wind-transported.

“Limited use moderate risk waste facility” is a facility that provides secondary waste containment that is specifically designed at a fixed location to collect and store one (1) or a selected few moderate risk waste types, as approved by the Health Officer.

“Litter” is solid waste that is scattered in a careless manner.

“Littering” is throwing, dropping, depositing, discarding or otherwise disposing of litter upon any public property in Skagit County or upon private property whether from a vehicle or otherwise. Such property includes, but is not limited to, any public highway, public park, beach, campground, forest land, recreation area, trailer park, highway, road, street or alley.

“Local fire control agency” is a public or private entity providing fire protection such as a local department or district, the Department of Natural Resources and the U.S. Forest Service.

“Major illegal dumping offense” shall mean depositing more than three (3) cubic yards of household solid waste and/or commercial quantities of solid waste including building materials, sheetrock, asphaltic roofing, waste tires, and demolition debris in an unapproved manner or depositing material of any quantity in an unapproved manner such that either the material itself or the manner of disposition poses a threat to the health of the public or the environment.

“Minor illegal dumping offense” shall mean depositing no more than three (3) cubic yards of household solid waste in an unapproved manner and/or location.

“Mobile systems and collection events” means activities conducted at a temporary location to collect moderate risk waste.

“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 Chapter 173-350 WAC.

“Moderate risk waste 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 moderate risk waste facilities that meet the applicable terms and conditions of WAC 173-350-360(2) or (3).

“Nuisance” consists in unlawfully doing an act, or omitting to perform a duty, which act or omission either annoys, injures, or endangers the comfort, repose, health or safety of others, offends decency, or unlawfully interferes with, obstructs, or tends to obstruct any lake or navigable river, bay, stream, canal, or basin, or any public park, square, street or highway; or in any way renders other persons insecure in life, or in the use of property (RCW 7.48.120).

“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.

“Open burning” is 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.

“Person” is an individual, firm, association, co-partnership, political subdivision, government agency, municipality, industry, public or private corporation or any other entity whatsoever (RCW 70.95.030).

“Pharmacy return program” is those programs where sharps waste containers from residential sharps waste generation are returned by the user to a designated return site(s) located at a pharmacy or medical facility to be transported by a biomedical or solid waste collection company approved by the Utilities and Transportation Commission.

“Pile” means any noncontainerized accumulation of solid waste that is used for treatment or storage.

“Premises” is a tract or parcel of land with or without habitable buildings.

“Problem wastes” are bulky wastes, abandoned vehicles, construction and demolition wastes, industrial wastes, manure, fly ash and such other solid waste that may take special handling.

“Processing” means an operation to convert a material into a useful product or to prepare it for reuse, recycling or disposal.

“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 the Skagit County comprehensive solid waste plan.

“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.

“Residential sharps waste” is all hypodermic needles, syringes with needles attached, IV tubing with needles attached, scalpel blades, and lancets that have been removed from the original sterile package and the sharps waste is generated and prepared for disposal at a residence, apartment, dwelling, or other noncommercial habitat.

“Scavenging” is 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 Department.

“Septage” is a semi-liquid substance consisting of settled sewage solids combined with varying amounts of water and dissolved materials generated from a private or public wastewater treatment system such as a septic tank. This definition includes but is not limited to domestic septage types I, II, and III defined in Chapter 173-308 WAC, Biosolids Management.

“Solid waste” means all putrescible and nonputrescible solid and semisolid wastes, including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, septage, abandoned vehicles or parts thereof, including waste tires, contaminated soils and contaminated dredged material, and recyclable materials.

“Solid waste facility” means a facility that handles solid waste and is approved by the Health Department.

“Solid waste handling” means the storage, collection, transportation, treatment, utilization, processing, and 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.

“Storage” means the holding of solid waste material for a temporary period.

“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.

“Tipping floor” is the unloading area for delivering solid waste to an incinerator, transfer station or reclamation site.

“Transfer station” is a permanent, fixed, supplemental collection and transportation facility, used by persons and route-collection vehicles to deposit collected solid wastes from off-site into a larger transfer vehicle for transport to a solid waste handling facility. This does not include a detachable container used for consolidation of the solid wastes from individuals in rural or small town populations.

“Used oil” includes the following:

(1) Lubricating fluids that have been removed from an engine crankcase, transmission, gearbox, hydraulic device, or differential of an automobile, bus, truck, vessel, plane, heavy equipment, or machinery powered by an internal combustion engine. This includes synthetic oil derived from these sources; or

(2) Any oil derived from crude oil, used and, as a result of use, has been contaminated with physical or chemical impurities; or

(3) Any oil that has been refined from crude oil and, as a consequence of extended storage, spillage, or contamination, is no longer useful to the original purchaser. Used oil does not include oil to which hazardous wastes have been added.

“Vector” is a living animal, insect or other anthropoid which transmits an infectious disease from one animal or person to another.

“Violator” shall include the owner, operator, or occupant of any premise, business establishment, or industry where a violation of this code is occurring and any person or persons who have perpetrated a violation of this code.

“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. (Ord. O20040014 (part))

12.16.070 Owner responsibilities for solid waste.

The owner, operator, or occupant of any premises, business establishment, or industry shall be responsible for the satisfactory and legal arrangement for the handling of all solid waste generated or accumulated by them on the property. (Ord. O20040014 (part))

12.16.080 Unlawful to dump or deposit solid waste without a permit.

(1) It shall be unlawful for any person to dump or deposit or permit the dumping or depositing of any solid waste onto or under the surface of the ground or into the waters of this State except at a solid waste facility for which there is a valid permit or as approved by Ecology at a site covered by a beneficial use permit exemption as defined in WAC 173-350-200, or at a recycling operation, limited compost operation, or intermediate solid waste handling facility as specifically exempted in WAC 173-350-210, 173-350-220 and 173-350-310.

(2) Any person who deposits, permits to be deposited, or causes to be deposited any solid waste in any area of Skagit County, other than in an authorized solid waste facility, transfer station refuse and garbage container or in an authorized manner, shall be subject to penalty under SCC 12.16.440, Violations and penalties.

(3) Single-family residences and single-family farms disposing of their own solid wastes on their own property shall be subject to these regulations. Disposal of solid waste at a permitted solid waste facility is necessary for the maintenance of a property. WAC 173-350-020(6) is no longer applicable. (Ord. O20040014 (part))

12.16.090 Performance standards for solid waste handling.

Refer to WAC 173-350-040. (Ord. O20040014 (part))

12.16.100 Beneficial use permit exemptions.

(1) Refer to WAC 173-350-200.

(2) All persons beneficially using solid waste approved for permit exemption under WAC 173-350-200 in Skagit County shall submit a copy of an annual report described in WAC 173-350-200(2)(x) by April 1st of each year to the Health Department. (Ord. O20040014 (part))

12.16.110 Recycling.

Refer to WAC 173-350-210. (Ord. O20040014 (part))

12.16.120 Composting facilities.

Refer to WAC 173-350-220. (Ord. O20040014 (part))

12.16.130 Land application.

Refer to WAC 173-350-230. (Ord. O20040014 (part))

12.16.140 Energy recovery and incineration facilities.

Refer to WAC 173-350-240. (Ord. O20040014 (part))

12.16.150 On-site storage, collection and transportation standards.

(1) Refer to WAC 173-350-300.

(2) The owner or occupant of any premises, business establishment, or industry shall be responsible for the safe and sanitary storage of all containerized solid wastes accumulated at those premises.

(3) The owner or occupant of any premises, business establishment, or industry shall store solid wastes in containers that meet the following requirements:

(a) Disposable containers shall be sufficiently strong to allow lifting without breakage and shall be thirty-two (32) gallons in capacity or less where manual handling is practiced;

(b) Reusable containers, except for detachable containers, shall be:

(i) Rigid and durable;

(ii) Corrosion-resistant;

(iii) Nonabsorbent and watertight;

(iv) Rodent-proof and easily cleanable;

(v) Equipped with a close-fitting cover;

(vi) Suitable for handling with no sharp edges or other hazardous conditions; and

(vii) Equal to or less than thirty-two (32) gallons in volume where manual handling is practiced.

(4) Garbage shall be removed from the premises at least once every fourteen (14) days or more often if a nuisance develops.

(5) Inert, recyclable materials may be stored on noncommercial or residential premises for as long as three (3) months, provided their storage does not present a nuisance or threat to the environment. (Ord. O20040014 (part))

12.16.160 Intermediate solid waste handling facilities.

Refer to WAC 173-350-310. (Ord. O20040014 (part))

12.16.170 Piles used for storage or treatment.

(1) Refer to WAC 173-350-320.

(2) The time frames detailed in WAC 173-350-320 are calculated from the time the pile is created until the entire pile is removed. Cycling material through a continuous pile does not meet the time exemption detailed in WAC 173-350-320 for the piles standards and requires a solid waste permit. (Ord. O20040014 (part))

12.16.180 Contaminated soils.

Anyone treating, storing, or doing final disposition of contaminated soils in a volume of greater than one (1) cubic yard in Skagit County shall:

(1) Receive written approval for all movement, storage, treatment, or disposal of contaminated soils from the Health Department prior to taking action unless soils are being removed directly to a facility legally permitted for the final disposal or treatment of such soils.

(2) Abide by the performance standards given in WAC 173-350-040.

(3) Notify the Health Department in writing of the plan for handling and treatment of the contaminated soils. Notification shall include:

(a) A map showing the current location of the soil and planned future location.

(b) Quantity of soil and all laboratory analysis of the soil.

(d) A description of all treatment activities of the soil and methods to be taken to prevent surrounding soil, surface, air, and groundwater contamination.

(e) A description of how you will identify when the soil is treated and the end use or destination of the treated soil.

(4) If required by the Health Department after review of the notification, apply for a solid waste permit from the Health Department and follow all requirements for such permit as given in this Chapter and WAC 173-350-320.

(5) Follow “Guidance for Remediation of Petroleum Contaminated Soils,” Washington State Department of Ecology Toxics Cleanup Program (Ecology publication number 91-30) or all subsequent versions of this publication. (Ord. O20040014 (part))

12.16.190 Surface impoundments and tanks.

Refer to WAC 173-350-330. (Ord. O20040014 (part))

12.16.200 Waste tire storage and transportation.

Refer to WAC 173-350-350. (Ord. O20040014 (part))

12.16.210 Moderate risk waste, used oil, and hazardous substance handling.

(1) Refer to WAC 173-350-360 for requirements for moderate risk waste facilities, moderate risk waste transporters, moderate risk waste mobile systems or collection events, and limited moderate risk waste facilities and product take-back centers.

(2) Applicability. The remainder of this Section applies to persons (including households and businesses) who generate, store, or otherwise handle moderate risk waste (MRW), used oil, and/or hazardous substances.

(3) Storage Requirements.

(a) MRW, used oil, and hazardous substances shall be stored in containers which are:

(i) Compatible with the waste contained therein;

(ii) Securely covered at all times except during addition or removal of contents;

(iii) In good condition and without leaks, corrosion, or other signs of deterioration;

(iv) In the case of hazardous substances which are unused products, stored in their original container; and

(v) Appropriately labeled to indicate contents.

(b) Containers of MRW, used oil and hazardous substances shall be stored in a controlled fashion (such as on an impervious surface) to prevent a release to the environment and in a location which is covered and controlled to prevent:

(i) Exposure to extreme temperatures;

(ii) Container deterioration due to weather exposure;

(iii) Container exposure to water pooling on barrel lid;

(iv) Unauthorized access; and

(v) Any other controllable condition which may cause or increase the possibility of container failure.

(4) Accumulation. MRW, used oil and hazardous substances shall not be accumulated in an uncontrolled fashion or in quantities that, in the opinion of the Health Officer, present a potential threat to human health or the environment.

(5) Treatment and Disposal.

(a) All MRW shall be disposed of at a facility that meets all applicable local and State regulations. MRW may be disposed of at a Skagit County Health Department permitted MRW facility or, if disposed of outside Skagit County, at a facility which meets all applicable regulations of the receiving jurisdiction. MRW shall not be disposed of in the general municipal solid waste stream, a public sewage system, an on-site septic system, a storm drain, surface waters or groundwaters, or onto or under the surface of the ground, or through any unapproved method. Nonrestricted use pesticide containers and paint containers that are free of liquids are excluded from this Section and should be handled as general municipal solid waste.

(b) Used Oil. Used oil shall be recycled, or disposed of at a facility permitted for that purpose by the Department of Ecology or the Skagit County Health Department, or as otherwise allowed by the Department of Ecology or the Health Officer. Used oil may be taken to designated facilities that collect used oil for subsequent reprocessing at a facility specifically permitted for that purpose. Used oil shall only be left at the facility during the hours designated by the facility operators.

(6) Transportation. MRW, used oil, and hazardous substances shall be transported in accordance with SCC 12.16.150, On-site storage, collection and transportation standards, and applicable Department of Transportation requirements.

(7) Spill or Unpermitted Discharge. A person responsible for a spill or unpermitted discharge of MRW, used oil, and/or hazardous substances shall take appropriate and immediate actions to protect public health and the environment, including any necessary measures to prevent the spread of contamination. In addition, the person responsible for the spill or discharge shall, as appropriate:

(a) Notify the Department of Ecology, Spill Response Unit, Skagit County Health Department and, when an imminent threat to public health or the environment exists, the Skagit County Department of Emergency Management;

(b) Clean up any released moderate risk waste, used oil, or hazardous substance, or take such actions as may be required or approved by local, State, or Federal officials. (Ord. O20040014 (part))

12.16.220 Specific conditionally exempt small quantity generator requirements.

(1) Applicability. This Section applies to conditionally exempt small quantity generators (CESQGs) as defined in SCC 12.16.060, Definitions. In addition to the requirements of this Section, CESQGs must meet the requirements of SCC 12.16.210, Moderate risk waste, used oil, and hazardous substance handling.

(2) Waste Designation. CESQGs shall designate suspected or known dangerous wastes pursuant to Chapter 173-303 WAC, Dangerous Waste Regulations.

(3) Container Labeling. CESQGs shall label all containers of MRW, used oil, and hazardous substances with the following information:

(a) A description of the waste, including the hazards associated with the waste and the appropriate waste code or codes as specified in Chapter 173-303 WAC;

(b) Used oil containers shall be clearly marked with the words, “USED OIL ONLY”;

(d) The date that the MRW or hazardous substances reach two thousand two hundred (2,200) pounds. For extremely hazardous waste, the date the quantity reaches 2.2 pounds; and

(e) Appropriate Washington State Department of Transportation labels, if necessary.

(4) Storage and Containment.

(a) MRW and hazardous substances shall be stored according to SCC 12.16.210(3), Moderate risk waste, used oil, and hazardous substance handling.

(b) CESQGs shall provide secondary containment for all MRW, hazardous waste and used oil stored on the property. Secondary containment systems should be large enough to contain ten (10) percent of the total waste volume that would ever be stored in the area or one hundred and ten (110) percent of the largest container, whichever is greatest. The containment system must be durable and compatible with the waste it is meant to contain.

(5) Generation and Accumulation Limitations.

(a) CESQGs shall not generate equal to or more than two hundred and twenty (220) pounds of all dangerous waste or more than 2.2 pounds of acutely hazardous waste and/or extremely hazardous waste per month or batch.

(b) CESQGs shall not accumulate or store more than two thousand two hundred (2,200) pounds of dangerous waste, or exceed 2.2 pounds of acutely hazardous waste, and/or exceed 2.2 pounds of extremely hazardous wastes at any one time.

(c) MRW, used oil and hazardous substances shall not be accumulated in an uncontrolled fashion or in quantities that, in the opinion of the Health Officer, present a potential threat to public health or the environment. The Health Officer may require a CESQG to remove and/or upgrade the CESQG storage facility to prevent a potential threat to public health or the environment.

(d) If a CESQG generates or accumulates more than the current “quantity exclusion limits” listed in WAC 173-303-070(7) and (8), 173-303-081(2), 173-303-082(2), and 173-303-090(4), or as amended, then the business is not regulated as a CESQG. Persons who exceed the thresholds stated in this Section become fully regulated generators and shall comply with the requirements of Chapter 173-303 WAC, Dangerous Waste Regulations.

(6) Treatment and Disposal.

(a) MRW shall not be disposed of in the general municipal solid waste stream, a public sewage system, an on-site septic system, a storm drain, surface waters or groundwaters, onto or under the surface of the ground, nor through any unapproved method. All MRW shall be disposed of at a facility which meets all applicable local, State, and Federal regulations. MRW may be disposed of at a Skagit County Health Department permitted MRW facility or, if disposed of outside Skagit County, at a facility which meets all applicable regulations of the receiving jurisdiction. Nonrestricted use pesticide containers and paint containers that are free of liquids are excluded from this Section and should be handled as general municipal solid waste.

(b) MRW may be processed using an on-site treatment system which renders the waste nonhazardous, if the treatment system is approved by the appropriate agency(s) which may include the following: Skagit County Health Department, the Department of Ecology, Northwest Air Pollution Control Authority, and the receiving wastewater treatment plant.

(7) Hazardous Materials Management Plans.

(a) The Health Officer may require a CESQG to prepare and follow a written Skagit County Health Department approved hazardous materials management plan when any of the following conditions have been met:

(i) The CESQG has been found by the Skagit County Health Department or the Department of Ecology to have violated any part of this regulation;

(ii) The Health Officer determines that a plan is necessary to adequately communicate dangerous waste management procedures to persons working at the CESQG;

(iii) The CESQG is served by an on-site sewage system or served by a sewer where the receiving wastewater treatment plant operator requests a plan;

(iv) The CESQG is located in a wellhead protection area or sensitive aquifer area designation per Chapter 14.06 SCC; or

(v) The Health Officer determines, upon review of a new business proposal such as an application for land use, building site, occupancy permit, or business license, that the business shall complete a plan.

(b) Plan Contents. When a hazardous materials management plan is required by the Health Officer, the plan shall include the following information:

(i) A description of the type of business and the products produced by the business;

(ii) A list of the hazardous materials used and dangerous wastes generated, including applicable material safety data sheets, the processes which generate the dangerous wastes, and the volume of each type dangerous waste generated per month or batch;

(iii) A statement describing whether the business disposes of wastewater to a municipal sewage system or an on-site septic system;

(iv) A description of how dangerous wastes are managed including how the materials are collected, handled, stored, and transported and the recycling, treatment and/or disposal methods;

(v) A spill response plan which includes:

(A) The person to coordinate the response;

(B) Equipment that is available for spill response;

(C) The appropriate spill containment method and clean up method for each type of hazardous substance or dangerous waste present in the business;

(D) Relevant names and phone numbers of appropriate agencies; and

(E) Relevant employee training;

(vi) The plan shall be updated and revised as operational changes are instituted. The CESQG is responsible for updating their plan and providing a copy to the Skagit County Health Department within thirty (30) days of the change. (Ord. O20040014 (part))

12.16.230 Limited-purpose landfills.

(1) Refer to WAC 173-350-400.

(2) A limited-purpose landfill must have a synthetic liner system with a hydraulic conductivity of no more than 1 x 10-7 cm/sec.

(3) No landfill shall be located at a site where the bottom of the lowest liner is any less than ten (10) feet above the seasonal high level of groundwater in the uppermost aquifer, or five (5) feet when a hydraulic gradient control system or the equivalent has been installed to control groundwater fluctuations.

(4) No landfill shall be located over a sole source aquifer. (Ord. O20040014 (part))

12.16.240 Inert waste landfills.

Refer to WAC 173-350-410. (Ord. O20040014 (part))

12.16.250 Criteria for inert waste.

Refer to WAC 173-350-990. (Ord. O20040014 (part))

12.16.260 Septage handling and treatment requirements.

(1) Septage shall be disposed of directly into a sewage treatment works where the septage is treated through the wastewater treatment plant system.

(2) Anyone proposing other methods of septage handling and treatment must submit an application for a permit to treat and handle septage to the Skagit County Health Department. The permit application must, at a minimum, include how the treatment process will be able to achieve all of the following:

(a) Produce the equivalent of a Class B biosolids detailed in WAC 173-308-170, Biosolids Management.

(b) Achieve vector attraction reduction detailed in WAC 173-308-180.

12.16.270 Other methods of solid waste handling.

Refer to WAC 173-350-490. (Ord. O20040014 (part))

12.16.280 Groundwater monitoring.

Refer to WAC 173-350-500. (Ord. O20040014 (part))

12.16.290 Financial assurance requirements.

Refer to WAC 173-350-600. (Ord. O20040014 (part))

12.16.300 Permits and local ordinances.

Refer to WAC 173-350-700. (Ord. O20040014 (part))

12.16.310 General permit application and issuance.

Refer to WAC 173-350-710. (Ord. O20040014 (part))

12.16.320 General solid waste facility requirements.

(1) Any permitted solid waste facility shall be designed and constructed so as to:

(a) Be aesthetically compatible with its environs.

(b) Be surrounded by a fence or by rapidly growing trees or shrubbery, or by natural features so as to be screened from the view of immediately adjacent Federal and State highways.

(d) Be adequately screened to collect blowing light material.

(e) Provide protection of any tipping floor from rain or snow.

(f) Have an adequate buffer zone around the operating area to minimize noise and dust nuisances.

(2) Adequate pollution control measures shall be provided to protect surface and groundwater and air from degradation.

(a) Surface runoff water from around the site and from roof drains shall be intercepted and diverted around or under the site.

(b) Surface runoff from the facility itself shall not cause violation of applicable receiving water standards.

(d) Open burning is prohibited.

(e) Noise controls shall be provided as needed or directed by the Health Officer.

(f) The site shall be maintained in a reasonably clean and sanitary condition.

(g) Air pollution shall be minimized according to the Northwest Air Pollution Authority requirements.

(3) Information shall be provided at facility entrances stating the facility name, hours of operation, materials not accepted, and any other information required by the Health Department.

(4) Adequate on-site fire protection shall be provided as determined by the local fire official.

(5) A telephone or other acceptable communication devices approved by the Health Department shall be present at the site and in working order to ensure the ability to contact emergency services.

(6) When the site is open to the public, it shall be staffed or visually monitored.

(7) Appropriate facilities, including shelter, toilets, handwashing facilities, and potable drinking water shall be provided for the attendant.

(8) Effective means shall be taken to control vectors, rodents and other vermin.

(9) No scavenging shall be allowed. (Ord. O20040014 (part))

12.16.330 Operational, closed and abandoned landfill sites.

(1) All owners of operational, closed or abandoned landfills shall comply with the following notification requirements:

(a) File a notice to title with the County Assessor’s office noting the presence of a landfill on a tax parcel and provide proof of notice to the Health Department within one-hundred and eighty (180) days of the effective date of these regulations.

(b) Disclose the presence of an operational, closed or abandoned landfill to all prospective purchasers of the property.

(2) The owner of an operational, closed or abandoned landfill site is responsible for maintaining the property and preventing negative impacts to human health and environment from the site. All landfill sites that are operational, closed or abandoned shall be monitored by the owner and be subject to repair, maintenance, and remediation in order to prevent a threat to human health or the environment or a violation of Federal, State, or local regulation. The Health Officer shall have the authority to require the owner to conduct:

(a) Landfill cap and surface repairs and maintenance;

(b) Methane monitoring and control;

(d) Leachate control and treatment; and

(e) Any additional measures determined by the Health Officer to be necessary to maintain the property and protect the public health and the environment.

(3) The Health Department has the right to inspect, monitor, direct and order remedial action on any operational, closed or abandoned landfill site.

(4) If an owner of a operational, closed or abandoned landfill proposes or is required to conduct site work or construction on the landfill or the property that the landfill is on, then the owner of the landfill shall submit proposed construction and remediation plans to the Health Department for review and comment. The plans shall be prepared by a licensed professional engineer and shall contain the following:

(a) A description of the proposed activities;

(b) A description of potential hazards from the activities and how the potential hazards will be controlled. Potential hazards may include but are not limited to subsidence, methane and other gases or volatile compounds, leachate, hazards associated with subsurface utility installation, erosion, and water quality;

(d) Any other information that the Health Officer requests as part of the proposed activities.

The remediation and/or construction plans must be approved by the Health Officer before site work begins. When the construction and site work is completed, the professional engineer shall furnish a signed and stamped document attesting that the construction and remediation activities were completed in accordance with the approved plan and her/his recommendations for preventing negative impacts from the landfill to human health or the environment.

(5) Site modifications made to abandoned, closed or operational landfill sites outside of Health Department approved plans may result in enforcement action against the landfill property owners and other responsible parties. (Ord. O20040014 (part))

12.16.340 Methane monitoring and control at and near landfills.

(1) Owners of all operational, closed or abandoned landfills except inert waste landfills shall provide for adequate collecting, redirecting and venting of gases generated by solid waste. No methane shall be allowed to migrate to or beyond the facility boundary above or below the ground in concentrations greater than the lower explosive limit for methane or in excess of one hundred (100) parts per million by volume of hydrocarbons (expressed as methane) in off-site structures, or in excess of twenty-five (25) percent of the lower explosive limit for gases in facility structures (excluding gas control and recovery system components). It shall be the responsibility of the landfill owner to develop a sampling and testing program to monitor gas production and migration. Such program shall be approved by the Health Officer.

(2) Construction Standards.

(a) Any person constructing or developing any area within one thousand (1,000) feet of an active area of an active, closed or abandoned landfill that has been documented by the Health Officer to be generating levels of methane gas on-site at the lower explosive limit or greater levels shall comply with the following construction restrictions. The distance shall be calculated from the location of the proposed structure to the nearest property line of the active or former landfill site.

(b) All enclosed structures to be built within the one thousand (1,000) foot landfill zone as outlined in Subsection (2)(a) of this Section must be protected from potential methane migration. The method for ensuring a structure’s protection from methane shall be addressed in a report submitted by a licensed professional engineer to the Health Officer and the local building department for review and approval. Such a report shall contain a description of the mitigation measures to prevent the accumulation of explosive concentrations of methane gas within or under enclosed portions of a building or structure. At the time of the final inspection, the engineer shall furnish a signed statement attesting that the building or structure has been constructed in accordance with her/his recommendations for addressing methane gas migration. (Ord. O20040014 (part))

12.16.350 Biomedical wastes.

(1) Biomedical waste generated by a biomedical waste generator shall be segregated from other waste at the point of origin in the generating facility and managed by those persons trained in the safe handling of biomedical waste. Biomedical waste shall be contained in a manner and at a location which affords protection from unauthorized persons, animals, rain, and wind and does not provide a food source or breeding place for vectors. Biomedical wastes, except for sharps, shall be contained in clearly designated containers which are impervious to moisture and have strength sufficient to preclude ripping or tearing under normal handling. The containers shall be securely tied or taped to prevent leakage during storage, handling, or transport. All biomedical waste and sharps waste containers shall be placed for storage or handling in disposable or reusable bins, cartons, drums or dumpsters. The containment system shall be leak-proof, be kept clean and in good repair, disinfected as appropriate, and be clearly labeled biomedical waste, infectious waste, or biohazardous waste.

(2) No person shall accept, handle, load, process, treat, or transport biomedical waste from biomedical waste generators unless the waste is packaged and handled in a manner that protects workers and other persons from exposure to the waste and is packaged in appropriate containers.

(3) Biomedical waste, other than sharps, shall be treated or delivered to a biomedical waste storage/treatment facility within fourteen (14) days from the date that the biomedical waste container is filled, unless approved in writing by the Health Officer. Biomedical waste shall not be subject to compaction, shredding, or grinding prior to treatment. Biomedical waste shall not be placed into the general solid waste stream prior to treatment.

(4) Any facility treating and/or disposing of biomedical waste produced off-site must notify the Health Officer in writing either one hundred eighty (180) days after the adoption of this regulation or thirty (30) days before implementing a new program which accepts biomedical waste produced off-site except when the site meets the conditions in Subsection (6) of this Section. The Health Officer may require a facility to obtain a permit and develop a biomedical waste disposal plan detailing the proper transportation, storage, treatment, and disposal of the biomedical waste when the Health Officer believes that a permit is necessary to protect public health.

(5) Biomedical sharps waste shall be handled according to the following requirements:

(a) Biomedical sharps waste generated from a biomedical waste generator shall comply with the following requirements:

(i) A biomedical waste generator facility shall not place unprotected biomedical sharps into a recycling container or solid waste container.

(ii) The biomedical sharps waste shall be contained in rigid, puncture-resistant, leak-proof containers made of metal or plastic designed to prevent the loss of the contents, prevent human exposure to the sharps and be clearly labeled with a visible biohazard symbol and the words “Biohazard” and “Sharps.”

(iii) The biomedical sharps waste shall be segregated from other solid waste, shall be sealed, and be disposed of to a licensed biomedical waste treatment and disposal facility.

(iv) Full biomedical sharps waste containers shall be stored at the generating facility for no longer than six (6) months prior to being removed off-site to a licensed biomedical waste treatment and disposal facility.

(b) Residential biomedical sharps waste generated from self-treatment and disposed of with residential wastes from a single-family residence or single-family dwelling unit shall comply with the following requirements:

(i) A person shall not place unprotected biomedical sharps into a recycling container or solid waste container.

(ii) The residential biomedical sharps wastes shall be contained in puncture-resistant, leak-proof containers made of metal or plastic designed to prevent the loss of the contents, prevent human exposure to the sharps and be clearly labeled with a visible biohazard symbol and the words “Biohazard” and “Sharps.” Full residential sharps waste containers should have taped and tightly sealed lids.

(iii) The residential biomedical sharps waste container shall not be placed with recyclable material.

(iv) The residential biomedical sharps container may be disposed of with the residential solid waste if the public or private provider of solid waste collection service does not provide a program to collect source-separated residential sharps waste containers in conjunction with regular collection service.

(v) Residential biomedical sharps waste generation, collection and disposal is exempt from obtaining a solid waste permit from the Health Department.

(6) Sites that collect residential sharps waste containers for further handling and disposal at a permitted biomedical waste treatment and disposal facility shall not obtain a solid waste permit in the following circumstances:

(a) A pharmacy return program shall not be considered a solid waste handling facility and shall not be required to obtain a solid waste permit. A pharmacy return program is required to notify the Department of Ecology and Health Department at least thirty (30) days before implementing the program.

(b) A solid waste planning jurisdiction may designate residential biomedical sharps waste container drop-off sites within their jurisdiction. The solid waste planning jurisdiction must notify the Health Department at least thirty (30) days prior to implementing the program.

(7) A biomedical waste generator may submit an alternative plan for safely handling, treating and disposing of biomedical wastes, including biomedical sharps waste, to the Health Department. The Health Officer will review the written request and may approve an alternative storage and/or disposal plan when the Health Officer deems the alternative plan adequately protects public health, safety and the environment. (Ord. O20040014 (part))

12.16.360 Contaminated properties from illegal drug manufacturing or storage.

(1) The Health Officer shall act pursuant to Chapter 64.44 RCW, Contaminated Properties, and Chapter 246-205 WAC, Decontamination of Illegal Drug Manufacturing or Storage Sites, to determine the contamination of properties suspected of being used for the manufacture or storage of controlled substances and order contaminated properties unfit for use.

(2) The Health Officer may enter, inspect, and survey at reasonable times any properties for which there are reasonable grounds to believe that the property has become contaminated from an illegal drug lab (RCW 64.44.020).

(3) The owner, occupant, any person in control of any contaminated property, or any person responsible for contaminating the property are required to decontaminate or dispose of the property in accordance with Chapter 64.44 RCW, Chapter 246-205 WAC, and orders of the Health Officer and shall comply with all orders of the Health Officer pursuant to this Chapter.

(4) It shall be unlawful and a violation of this Chapter to occupy or permit or authorize the occupation of any structure, premises, or property ordered vacated pursuant to this Chapter or Chapter 64.44 RCW.

(5) Once a property is designated as unfit for use, and it comes to the attention of the Health Officer that the property is occupied in violation of the order of unfit for use, the Health Officer may request the assistance of the local law enforcement agency to remove any unauthorized occupant of the property.

(6) The Health Officer shall establish an abatement schedule as a part of the order of unfit for use. The order of unfit for use shall state that if the abatement schedule is not met, the Health Officer may secure the property and/or proceed to cause the property to be abated or destroyed and disposed and will seek to collect all costs as set forth in SCC 12.16.440, Violations and penalties.

(7) The order of unfit for use, including the abatement schedule, is subject to the enforcement procedures of SCC 12.16.440, Violations and penalties, and SCC 12.16.460, Hearings and appeals.

(8) All work performed on a property declared unfit for use must be performed or supervised by a Washington State certified drug lab clean up contractor who meets the requirements set forth in Chapter 246-205 WAC.

(9) The Health Officer shall be able to use alternative remedies to alleviate public health nuisances as detailed in RCW 64.44.900. (Ord. O20040014 (part))

12.16.370 Agricultural wastes.

Agricultural wastes shall be stored so as to minimize nuisances, flies, rodents, odor problems and water pollution. (Ord. O20040014 (part))

12.16.380 Disposal of dead animals.

Prompt and suitable disposal of dead animals is necessary to minimize the risk to the public from fly-borne disease organisms, contaminated ground and/or surface waters and the nuisance of degrading flesh. Procedures and responsibilities for disposal are as follows:

(1) Disposal. The carcass of any dead animal shall be removed and disposed of by burial, incineration, approved dead animal service or other proper method within twenty-four (24) hours after death. If the carcass is buried it shall be placed so that every part shall be covered by at least two (2) feet of earth and at a location not less than one hundred (100) feet from any well, spring, stream or other surface water, and in a place not subject to overflow. In all cases of death from communicable disease, the carcass, if disposed of by burial, shall first be thoroughly enveloped in unslaked lime.

(2) Responsibility for Disposal. Depending upon ownership and location of the carcass, the person responsible for disposal is as follows:

(a) The owner of the dead animal shall be responsible for disposal.

(b) Where the owner of the animal is unknown, then the owner of the property is responsible for disposal. (Ord. O20040014 (part))

12.16.390 Best management practices for poultry operations.

Manure from large scale poultry operations, if applied to agricultural lands according to best management practices (BMPs), provides essential plant nutrients with minimal concern for nuisances. Dead fowl, if promptly and suitably disposed of, provides minimal opportunity for fly breeding.

All Skagit County poultry operators are encouraged to develop BMPs for their farming operation. Those operators who, because of unsuitable management practices, are the subject of repeated verifiable complaints relative to fly breeding, excessive odor, degradation of ground and/or surface waters or unnecessary spills must develop, receive Skagit County Health Department approval of, and implement BMPs which include the following:

(1) Dead fowl shall be buried or composted within twenty-four (24) hours of death or disposed of in a timely manner using methods acceptable to the Health Officer. Fowl may be temporarily held (under mechanical refrigeration or other acceptable means) at temperatures that will disrupt the fly breeding and degradation cycle; provided, that once they are removed from temporary storage they are disposed of within the aforementioned time limit.

(2) During the months of March 1st through October 31st (critical fly breeding season), manure shall be satisfactorily cleaned from all occupied pens no less frequently than once every seven (7) days or stored and removed in another proven manner acceptable to the Health Officer. Records of manure removal by row shall be available for each poultry house. This cleaning frequency may be relaxed to a fourteen (14) day schedule during the non-critical fly breeding season of November 1st through February 28th. Note: Farming operations organized to use the deep litter (i.e., uncaged fowl on a surface conducive to rapid desiccation of manure) or deep pit (i.e., basement storage of conical mounds of manure subject to rapid drying) methods of manure storage are not subject to the seven (7) day manure-removal schedule.

(3) Vehicles used for collection and transportation of manure shall comply with the requirements of SCC 12.16.150, On-site storage, collection and transportation standards.

(4) Manure, once removed from poultry sheds, shall be transported to a site capable of utilizing the waste product without degradation of surface or groundwater.

(5) Manure, once removed from poultry sheds, shall be promptly applied to the soils by injection, surface application; provided, that the particle size (typically one-quarter (1/4) inch thickness or less) is of less than sufficient size to allow fly propagation or other recognized method acceptable to the Health Officer. With prior Health Officer approval, manure may be temporarily stockpiled in remote areas during the dry season, provided it can be stored in a manner (e.g., promptly stockpiled and allowed to form an impervious crust) that will prevent fly propagation.

(6) A method of fly control (e.g., insecticidal bait cards for adult flies or a systemic larvacide program for larvae) acceptable to the Health Officer shall be established. Use of fly control chemicals shall be consistent with Washington State Department of Agriculture requirements. (Ord. O20040014 (part))

12.16.400 Inspection.

When it is deemed necessary to make an inspection to enforce the provisions of this Chapter, or when the Health Officer, his/her designee, or other official having jurisdiction has reasonable cause to believe that there exists within any property a condition which is contrary to or in violation of this Chapter, the health officer, her/his designee, or other official having jurisdiction may enter the property at reasonable times to inspect or perform the duties authorized by this Chapter; provided, the official shall first make a reasonable effort to notify the owner or other person in control of the property and request entry. If entry is refused, the Health Officer, his/her designee or other official having jurisdiction shall have recourse to the remedies provided by law to obtain entry. (Ord. O20040014 (part))

12.16.410 Fees for service.

(1) For facilities required to have a solid waste permit, the Health Department shall charge fees according to the most current “Schedule of Charges: Skagit County Health Department” available to the applicant upon request and are as follows:

(a) The application and plan review;

(b) Annual permit; and

(2) For sites and facilities exempt from permitting as described in Chapter 173-350 WAC, Solid Waste Handling, the Health Department shall have the ability to charge an hourly fee according to the most current “Schedule of Charges: Skagit County Health Department” for time spent by the Health Department:

(a) Reviewing site and facility plans;

(b) Reviewing site and facility operations records and annual reports;

(d) Enforcement actions.

(3) The Health Department may charge reimbursement costs for all sampling performed at permitted sites and facilities for the purposes of determining compliance with Federal, State, and local regulations or permit requirements.

(4) The Health Department may charge reimbursement costs for all sampling performed at unpermitted sites and facilities following a complaint investigation which resulted in a notice of violation, unfit for use, and when the sampling was conducted for the purposes of determining compliance with Federal, State, and local regulations. (Ord. O20040014 (part))

12.16.420 Variances.

(1) A person may request in writing a variance from any provision of this Chapter. Such written request, together with the established fees and the reasons, justification and such other information that the Health Officer may require for the variance shall be submitted to the Health Officer. If the Health Officer determines that the request also requires a variance to Chapter 173-350 WAC, Solid Waste Handling, that variance shall be obtained by the applicant before consideration is given to the request for variance to this regulation.

(2) In order to be granted, a variance must meet the following criteria:

(a) The proposed solid waste handling practices or location would not endanger public health, safety or the environment; and

(b) Compliance with the regulation from which variance is sought would produce individual hardship without equal or greater benefits to the public.

The Health Officer shall determine whether the request fulfills the above criteria and whether conditions should be attached, and shall make a recommendation to the Board of Health regarding whether to approve or deny the variance. (Ord. O20040014 (part))

12.16.430 Name appearing on waste material —Presumption.

Whenever solid waste dumped in violation of SCC 12.16.080, Unlawful to dump or deposit solid waste without a permit, contains three (3) or more items bearing the name of one individual, there shall be a rebuttable presumption that the individual whose name appears on such items committed the unlawful act of dumping. (Ord. O20040014 (part))

12.16.440 Violations and penalties.

(1) All violations of this Chapter are hereby declared to be detrimental to the public health, safety and welfare and are hereby declared to be public nuisances. If the Health Officer has reason to believe that a violation of this Chapter has occurred or is occurring, the Health Officer may cause verbal or written notice of violation to be served upon the alleged violator and the facts alleged to constitute a violation thereof.

The Health Officer shall initiate enforcement action as herein provided and at the option of the Health Officer may commence any and all reasonable and lawful means to rectify a violation as provided by law.

(2) The Health Officer, with or subsequent to the issuance of a notice of violation, may do any or all of the following:

(a) Order immediate cessation of the alleged violation.

(b) Order the abatement of the alleged violation and establish an abatement schedule to be met.

(c) Abate the violation or cause the violation to be abated if the abatement schedule established in Subsection (2)(b) of this Section is not met.

(d) Assess a civil penalty in accordance with the most current “Schedule of Charges: Skagit County Health Department” for either a general solid waste code violation or a specific offense defined in SCC 12.16.060, Definitions.

(e) Assess all costs incurred by the County associated with the violation including abatement costs, disposal costs, site remediation costs, and sampling costs.

(f) In the instance of the improper dumping or release of a hazardous substance, assess twice the cost to the violator had the violator disposed of the substance legally.

(g) In the instance of a major illegal dumping offense where more than three (3) cubic yards of solid waste has been deposited, assess twice the cost to the violator had the violator disposed of the solid waste legally.

(h) Order the remediation of any land or water where a hazardous substance or solid waste has been released as required by the Health Officer.

(i) Require evidence of proper disposal of solid waste, or hazardous substances involved in the violation such as receipts from permitted disposal facilities.

(j) In the case of a permitted solid waste facility, order the suspension or revocation of a solid waste permit.

(k) Avail herself/himself of any other remedy provided by law.

(3) Service of all notices, orders, civil penalties, and assessed costs shall be in person or by certified mail to the alleged violator’s and/or property owner’s last known place of residence. Date of service shall be the date personally served or the date the certified mail was correctly deposited in the U.S. mail.

(4) All notices, orders, civil penalties, or assessed costs issued shall include a copy of SCC 12.16.460, Hearings and appeals.

(5) If a person continues to violate the provisions of this Chapter after being duly informed in writing by the Health Officer that he/she is in violation of these provisions and that she/he shall cease and desist from such violations, the Health Officer may make a written request to the Prosecuting Attorney to bring injunctive action against a violator of this Chapter in order to prevent further violation until such time as the violator’s case is processed in the courts through and including any appeals.

(6) Failure to respond as required in Subsection (2) of this Section shall constitute prima facie violation of this Chapter and the Health Officer may initiate immediate legal action.

(7) Each violation of this Chapter shall be a separate and distinct offense and, in the case of a continuing violation, each day’s continuance shall be a separate and distinct violation.

(8) The civil penalty and/or assessed costs shall become due and payable within thirty (30) days of the Health Officer’s service of the civil penalty and assessed costs. All civil penalties collected pursuant to this regulation shall be deposited in the Skagit County Health Department, Environmental Health section expense fund. If the civil penalty and/or assessed costs is not paid within thirty (30) days to the Skagit County Health Department, the County shall have the right to collect the civil penalty and/or assessed costs through appropriate legal action, to include charging the costs as a lien against the property as detailed in SCC 12.16.450, Public health and safety liens. The Prosecuting Attorney may bring action to recover such civil penalty, assessed costs, plus court costs in the court of appropriate jurisdiction. (Ord. O20040014 (part))

12.16.450 Public health and safety liens.

(1) Lien Authorized. Skagit County Health Department may have a lien for any civil penalty imposed, estimated cost of abatement work, and/or its administrative costs conducted pursuant to this Chapter, against the real property on which the civil penalty was imposed or on any of the work performed relating to the violation and civil penalty imposed on the real property above.

(2) Liens and Personal Obligation Authorized. The civil penalty and the cost of abatement are also joint and separate personal obligations of any person in violation. The prosecuting attorney, on behalf of the Health Department, may collect the civil penalty, administrative costs, and/or the abatement costs by use of all appropriate legal remedies.

(3) Notice Lien May Be Claimed. The notice and order of the Health Officer pursuant to this Chapter shall give notice to the owner that a lien for civil penalty, administrative costs, and/or the cost of abatement may be claimed by the Skagit County Health Department.

(4) Priority. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property and shall be paramount to all other liens except for State and County taxes with which it shall be on a parity.

(5) Claim of Lien. The Health Officer may cause a claim of lien to be filed for record with the Skagit County Auditor.

(a) Contents. The claim of lien shall include the following:

(i) The authority for imposing a civil penalty or proceeding to abate the violation, or both;

(ii) A brief description of the civil penalty imposed or the abatement work done, or both, including the violations charged in the duration thereof, including the time the work was commenced and completed and the name of the persons or organizations performing the work;

(iii) A description of the property to be charged with the lien;

(iv) The name of the known owner or reputed owner, and, if not known, a statement that the owner is unknown; and

(v) The amount, including lawful and reasonable costs, for which the lien is claimed.

(b) Verification. The Health Officer or her/his authorized representative shall sign and verify the claim by oath to the effect that the affiant believes the claim is just.

(c) Amendment. The claim of lien may be amended in case of action brought to foreclose same, by order of the court, insofar as the interests of third parties shall not be detrimentally affected by amendment.

(d) Recording. The Skagit County Auditor shall record and index the claims and notices described in this Chapter.

(e) Duration of Lien—Limitations of Action. No lien created by this Chapter binds the property subject to the lien for a period longer than three (3) years after the claim of lien has been filed or if no lien claim is filed, unless an action is commenced in the proper court within that time to enforce the lien or collect the civil penalties, administrative costs and costs of abatement.

(f) Foreclosure.

(i) Parties. The lien provided by this Chapter may be foreclosed and enforced by a civil action in the Superior Court of the State of Washington for Skagit County.

(ii) Joinder. All persons who have legally filed claims of liens against the same property prior to commencement of the action shall be joined as parties, either plaintiff or defendant.

(iii) Actions Saved. Dismissal of an action to foreclose a lien at the instance of a plaintiff shall not prejudice another party to the suit who claims a lien. (Ord. O20040014 (part))

12.16.460 Hearings and appeals.

(1) Persons aggrieved by a notice of violation, order of unfit for use or other order, civil penalty, or assessed costs issued pursuant to this Chapter may request a hearing with the Health Officer for the purpose of disputing or requesting a stay or modification of such notice, order, civil penalty, or assessed costs.

(2) In any dispute involving property declared unfit for use pursuant to Chapter 64.44 RCW, the burden of proof for showing that the property is not contaminated shall be on the property owner or requester.

(3) A request for hearing before the Health Officer shall be made in writing and served to the Health Officer within ten (10) working days of the serving of the Health Officer’s notice, order, civil penalty, or assessed costs. The request shall be made by fully completing and submitting a request for hearing form supplied by the Health Officer.

(4) The Health Officer shall hold a hearing not less than twenty (20) days nor more than thirty (30) days from the serving of the notice, order, civil penalty, or assessed costs unless mutually agreed upon in writing by the Health Officer and requestor.

(5) Notice of the hearing shall be given the requester and the property owner, if different from the requester, via personal service at least three (3) days prior to the hearing date or via certified mail at least ten (10) days prior to the hearing date.

(6) Upon holding the hearing requested, the Health Officer shall provide written notice of intent sustaining the order, civil penalty, or assessed costs within five (5) working days of the hearing. Notice shall be served personally or via certified mail to the requester and property owner.

(7) Persons still aggrieved subsequent to the Health Officer hearing may make written request for appeal to the Skagit County Board of Health and pay the request for appeal fee as listed in the most current Health Department schedule of charges within ten (10) working days of the serving of the notice of intent to sustain or modify the order. The request for appeal must meet the requirements of Subsection (3) of this Section. The Board of Health will hear the request for appeal within sixty (60) days of receipt. If the Board of Health sustains the request for appeal, the fee will be refunded.

(8) Following a request for appeal before the Board of Health and the issuance of a written decision, an aggrieved person may file a writ of certiorari in a court of competent jurisdiction to appeal such decision within ten (10) days of the issuance of such decision.

(9) The filing of a request for hearing or appeal pursuant to this Section shall operate as a stay from the requirement to perform corrective action ordered by the Health Officer, except there shall be no stay from the requirement for immediate compliance with an emergency order issued by the Health Officer, or from the requirement for compliance with an order of immediate cessation of work or activity, or from the requirements of an unfit for use order prohibiting the use, occupancy, or the moving of any property. (Ord. O20040014 (part))

12.16.470 Settlement of disputes for collection of civil penalties.

The Health Officer may enter into negotiations with a party named in a dispute under this Chapter and/or their legal representatives for the purposes of negotiating a settlement to such a dispute. This negotiation shall be in the best interests of the County and protection of public health and the environment and may include a compromise regarding the collection of civil penalties. This negotiation shall consider the best interests of public health and the environment. If the party named in a dispute is not engaged in good faith and remediating the public health violation, then the Health Department reserves all rights to impose any and all applicable penalties. (Ord. O20040014 (part))

12.16.480 Other powers reserved—Alternative remedies and emergency orders.

Nothing in this Chapter shall limit the authority for Skagit County Health Department or the Skagit County Health Officer to act under any other legal authority. The powers conferred by this Chapter shall be in addition to and supplemental to the powers conferred by any other law. If the Health Officer determines immediate action is necessary to protect the public health and safety or the environment, such action may be taken or be ordered to be taken and any person to whom such an order is directed shall comply immediately. (Ord. O20040014 (part))

12.16.490 Repeal.

If any local ordinance, code, words, rules or regulations previously passed are in conflict with this Chapter, they are hereby repealed, superseded and declared void. (Ord. O20040014 (part))

12.16.500 Severability.

If any provision of this Chapter or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. (Ord. O20040014 (part))