Chapter 24.06
SOLID WASTE RULES AND REGULATIONS – STANDARDS AND PERMITS1
Sections:
24.06.010 Authority – Purpose.
24.06.020 Adoption by reference.
24.06.060 Notifications, public hearings and application review.
24.06.070 Permit modification by director.
24.06.180 Violation – Penalty.
24.06.010 Authority – Purpose.
A. The director shall administer this chapter under the authority of Chapter 70.05 RCW, RCW 70.95.160 and WAC 173-304-010 and 173-350-010.
B. The purpose of this chapter is to protect the public health by assuring the proper handling of solid waste, including biomedical waste, in Whatcom County and its incorporated cities. (Ord. 2004-002; Ord. 2002-021; Ord. 2000-021).
24.06.020 Adoption by reference.
A. The Minimum Functional Standards for Solid Waste Handling, Chapter 173-304 WAC, effective November, 1985, is hereby adopted by reference. If a conflict arises between Chapter 173-304 WAC and this chapter, the more restrictive regulation shall apply. Any subsequent amendment to Chapter 173-304 WAC shall be considered to have been incorporated into this chapter without the need for further amendment.
B. The Criteria for Municipal Solid Waste Landfills, Chapter 173-351 WAC, is hereby adopted by reference. If a conflict arises between Chapter 173-351 WAC and this chapter, the more restrictive regulation shall apply. Any subsequent amendment to Chapter 173-351 WAC shall be considered to have been incorporated into this chapter without the need for further amendment.
C. Solid Waste Handling Standards, Chapter 173-350 WAC, effective February 10, 2003, is hereby adopted by reference. If a conflict arises between Chapter 173-350 WAC and this chapter, the more restrictive regulation shall apply. Any subsequent amendment to Chapter 173-350 WAC shall be considered to have been incorporated into this chapter without the need for further amendment. (Ord. 2004-002; Ord. 2002-021; Ord. 2000-021).
24.06.030 Definitions.
In addition to the definitions adopted by reference from WAC 173-350-100, the following specific definitions shall apply:
The following definition of “biomedical waste” is adopted from Chapter 70.95K RCW. Any subsequent amendment to the definition of “biomedical waste” in Chapter 70.95K RCW shall be considered to have been incorporated into this chapter without the need for further amendment.
“Biomedical waste” means, and is limited to, the following types of wastes:
1. “Animal waste” is waste animal carcasses, body parts, and bedding of animals known to be infected with, or that have been inoculated with, human 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 Disease Control, National Institutes 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 into 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, anatomical parts, that emanate from surgery, obstetrical procedures, and autopsy. Pathological waste does not include teeth, human corpses, remains, and anatomical parts that are intended for interment or cremation.
6. “Retractable sharps waste” is all commercially generated syringes with needles that retract securely into the syringe after injection.
7. “Sharps waste” is all hypodermic needles, syringes with needles attached, intravenous tubing with needles attached, scalpel blades, and lancets that have been removed from the original sterile package.
“Biomedical waste generator” means any 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 as defined in this chapter.
“Biosafety Level 2” means the level of safety applicable for handling broad-spectrum indigenous moderate-risk agents present in the community and associated with human disease of varying severity. Hepatitis B virus, the salmonellae, and Toxoplasma spp. are representative of microorganisms assigned to Biosafety Level 2 by the Centers for Disease Control and Prevention (CDC), National Institutes of Health, Biosafety in Microbiological and Biomedical Laboratories, current edition.
“Biosafety Level 3” means the level of safety applicable for handling indigenous or exotic agents with a potential for respiratory transmission, and which may cause serious and potentially lethal infection. Mycobacterium tuberculosis, St. Louis encephalitis virus, and Coxiella burnetii are representative of microorganisms assigned to Biosafety Level 3 by the CDC, National Institutes of Health, Biosafety in Microbiological and Biomedical Laboratories, current edition.
“Board of health” means the Whatcom County council.
“Bulk container” means packaging, other than a vessel or barge, including a transport vehicle or freight container, in which untreated biomedical wastes are loaded with no intermediate form of containment and which has:
1. A maximum capacity greater than 450 liters (119 gallons) as a receptacle for liquid; or
2. A maximum net mass greater than 400 kilograms (882 pounds) and a maximum capacity greater than 450 liters (119 gallons) as a receptacle for a solid.
“Chemical disinfection” means a biomedical waste treatment and decontamination method which utilizes appropriately formulated chemical solutions to disinfect biomedical waste and contaminated areas.
“Commercial” means having profit as the primary aim.
“Container” means any portable device in which materials are transported, treated, disposed of or otherwise handled.
“Contaminated” means all regulated medical waste which has come in contact with material capable of producing infection.
“Control point” means an operation at which preventive and/or control actions are taken because of best management practices, regulations, or company policy.
“Critical control point” means an operation at which a preventive or control measure can be exercised that will eliminate, prevent or minimize a hazard.
“Critical limit” means one or more prescribed tolerances that must be met to ensure that a critical control point effectively controls the specified hazard. Critical limits on critical control points represent the boundaries for safety.
“Director” means the administrative director of Whatcom County health department, or a representative authorized by the administrative director.
“Disinfect” means killing of infectious agents outside the body by directly applied chemical or physical means.
“Facility” means all contiguous land (including buffers and setbacks) and structures, other appurtenances, and improvements on the land used for solid waste handling.
“Gas/vapor sterilization” means a biomedical waste treatment method, only for use under very controlled circumstances, that uses gases or vaporized chemicals as sterilizing agents.
“Generators” means medical or research facilities including hospitals, laboratories, and clinics, which produce infectious waste.
“Handling” means the direct physical management of biomedical waste.
“Hazard analysis” means identification of hazards and assessment of their severity and the risks associated with the hazards.
“Incineration” means a processing method using an engineered apparatus capable of withstanding heat and having as its purpose the efficient thermal oxidation and/or conversion of combustible material into noncombustible residues (ash) and product gases, or reducing the volume of solid wastes by use of an enclosed device using controlled flame combustion.
“Infectious waste” means a subset of biomedical waste which poses a risk of infection, including, but not limited to:
1. Contaminated Laboratory Wastes.
a. Human or animal specimen cultures from medical and pathology laboratories.
b. Cultures and stocks of infectious agents from clinical, research, and industrial laboratories (CDC biohazard levels I, II and III).
c. Wastes from production of bacteria, viruses, spores, discarded vaccines, and biologicals from health care or research, and contaminated dishes, or contaminated devices used to transfer, inoculate, and mix cultures.
2. Human surgical specimens, tissues, organs, placentas, and limbs (pathology waste only, exclusive of preservative agents).
3. Fluid blood, fluid blood products, or body fluids, and containers, equipment, or articles contaminated with fluid blood, blood products, or body fluids.
4. Regulated medical waste contaminated with excretions, exudated secretions, or body fluids including, but not limited to, isolation waste, or other regulated medical waste as determined by the infection control staff, physician, veterinarian, or local health officer to be isolated and handled as such.
5. Contaminated sharps waste including, but not limited to:
a. Used or contaminated suture needles, hypodermic needles, syringes, needles with attached tubing, scalpel and razor blades, dental wires, disposable surgical instruments, and electrosurgical needles or blades.
b. Used or contaminated medical or laboratory glassware such as slides, pipettes, blood tubes, vials, bottles, broken or unbroken glass articles which could be broken during handling and transportation thus rendering them contaminated sharps waste.
c. Infectious contaminated international waste from ocean liners, ships, and planes.
6. All waste which has commingled or otherwise been contaminated with infectious waste.
“Infectious waste treatment” means the decontamination of infectious waste by methods approved by state statutes and the local health department.
“Irradiation” means the use of ionizing radiation for the treatment of biomedical waste.
“Local” means within Whatcom County.
“Operator” means a person or corporation who operates all or part of a solid waste handling facility.
“Owner” means a person or corporation who owns all or part of a solid waste handling facility.
“Permit” means an authorization issued by the jurisdictional health department which allows a person to perform solid waste activities at a specific location and which includes specific conditions for such facility operations.
“Person” means an individual, firm, association, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatever.
“Personnel” means all persons who work at or oversee the operations of a facility involved in biomedical or solid waste handling.
“Regulated medical waste” means medical waste generated by medical or research facilities including, but not limited to, hospitals, laboratories, and clinics, and subject to federal, state or local statutes, which may include infectious waste and noninfectious, regulated medical waste. Also called biomedical, biohazardous or red bag waste.
“Respiratory isolation waste” is waste contaminated with blood or other potentially infectious bodily fluids, exudates or secretions from humans maintained in hospital or domiciliary isolation for disease spread by respiratory or droplet transmission as defined in the CDC Recommendations for Isolation Precautions in Hospitals. Examples of this waste include pulmonary suction canisters, gowns, masks, or other articles contaminated with potentially infectious bodily fluids, exudates or secretions as described above.
“Solid waste” means all putrescible and nonputrescible solid and semisolid wastes, including, but not limited to, biomedical waste, 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.
“Solid waste handling” means the management, storage, collection, transportation, treatment, utilization, 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.
“Steam disinfection” means a treatment method for biomedical waste utilizing saturated steam within a pressure vessel, e.g., steam sterilization, autoclave or retort, at time lengths and temperatures sufficient to disinfect biomedical wastes.
“Transporter” means a person engaged in the off-site transportation of solid waste by air, rail, highway or water.
“Treatment” means any method, technique or process designed to change the biological character or composition of biomedical waste to render it noninfectious or 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.
“Vehicle” means any motor vehicle, rail car, watercraft, trailer or motorized or nonmotorized cargo-carrying body used for the movement of solid waste.
“Violation” means an amount of infectious waste accepted at any treatment facility within Whatcom County which exceeds the 0.3 percent limit imposed on a monthly basis.
“Whatcom County’s solid waste stream” means the amount of mixed, unseparated solid waste from residential, commercial, institutional, and industrial sources that is generated within Whatcom County, and delivered for disposal to a permitted disposal facility within Whatcom County. This does not include waste delivered for disposal to private industrial landfills, or to construction/demolition landfills. (Ord. 2009-025 Exh. A; Ord. 2004-002; Ord. 2002-021; Ord. 2001-011 Exh. A; Ord. 2000-021).
24.06.040 Biomedical waste.
A. Exemptions.
1. Residential Generator Exemption. Biomedical waste generated from self-treatment and disposed of with residential wastes from a single-family residence or single-family dwelling unit are exempt from the requirements of this chapter, except subsections (B)(8) and (C)(3) of this section.
2. Retractable Sharps Waste Exemption. Retractable sharps waste disposed of in containers not exceeding two gallons is exempt from the requirements of this chapter; provided, that:
a. Retractable sharps waste shall be contained in red-colored rigid, puncture-resistant, leakproof containers made of materials including, but not limited to, metal or plastic, designed to prevent the loss of the contents and clearly labeled with a visible biohazard symbol and the words “Biohazard” and “Retractable Sharps.”
B. General Requirements.
1. All biomedical waste shall be segregated from other solid waste by separate containment at the point of generation. Containment must meet the requirements of subsection (C) of this section.
2. All biomedical waste must be treated prior to disposal into the municipal solid waste stream. Treatment must be provided by one of the methods described in subsection (F) of this section.
3. All respiratory isolation waste must be treated prior to disposal into the municipal solid waste stream. Treatment must be provided by one of the methods described in subsection (F) of this section.
4. All Biosafety Level 3 and 4 stocks and cultures must be treated on-site prior to transportation off-site. Treatment must be provided by one of the methods described in subsection (F) of this section. Generators of cultures containing microorganisms that may be transmitted to humans via airborne droplet nuclei shall treat those cultures before transport from the facility. Such cultures include infectious agents associated with diseases that include but are not limited to tuberculosis, measles, and varicella. Stocks and cultures that have not been treated in accordance with this section shall not be accepted or processed at any facility in Whatcom County.
5. No Biosafety Level 4 waste shall be accepted or processed at any facility in Whatcom County.
6. A biomedical waste generator that treats biomedical waste on-site must obtain a permit.
7. A biomedical waste generator may be granted an exemption from the permitting requirements if all the following conditions are met:
a. Less than 50 pounds of biomedical waste are treated per month;
b. A biomedical waste treatment plan is submitted to the director for approval prior to operation;
c. Generator registration is obtained from the director after the treatment plan is approved;
d. Treated sharps waste is delivered to a permitted solid waste transfer station or disposed of in the municipal solid waste stream after:
i. Treatment pursuant to subsection (F) of this section; and
ii. Plaster encapsulation in a manner approved by the director; or
iii. Alternative encapsulation technology approved by the director;
e. Exempt biomedical waste generators may only treat waste generated on-site.
8. A residential generator shall not dispose of sharps into cans, carts, drop boxes or other containers in which refuse, trash or solid waste is placed for collection if a sharps collection station has been established for residential sharps waste.
C. Containment and Handling.
1. Untreated biomedical waste shall not be compacted, ground or shredded.
2. No person shall accept, handle, load, unload, process, treat or transport biomedical waste unless the waste is packaged and handled in a manner that protects workers and other persons from exposure to the waste and meets all of the following requirements:
a. Biomedical waste and respiratory isolation waste shall be packaged in containers that have undergone testing in accordance with, and meets the U.S. Department of Transportation (DOT) packaging specifications detailed in 49 CFR 173.197. Packaging shall include the following:
i. A red plastic disposable bag clearly labeled with the word “Biohazard” and the biohazard symbol. The bags must be impervious to moisture and have strength sufficient to preclude ripping, tearing or expulsion of the contents under normal handling conditions. The bags shall be securely sealed to prevent leakage or expulsion of the contents during storage, transport and handling.
ii. Any bag containing biomedical waste shall be placed in a rigid container, including a corrugated cardboard container or a covered reusable container. The rigid container shall be labeled with a visible biohazard symbol and the word “Biohazard.”
iii. All reusable containers shall be clean, leakproof and kept in good repair.
iv. Bulk containers shall not be used in the packaging or handling of biomedical waste.
3. Sharps shall be contained in rigid, puncture-resistant, leakproof containers made of materials including, but not limited to, metal or plastic, designed to prevent the loss of the contents and clearly labeled with a visible biohazard symbol and the words “Biohazard” and “Sharps.”
4. Sharps may only be compacted after treatment pursuant to subsection (F) of this section, at a permitted solid waste transfer station.
D. Sharps Collection Stations. No person shall operate or maintain a sharps collection station unless the facility meets all of the following requirements:
1. The collection station accepts only sharps in sharps containers from residential and biomedical waste generators that generate less than 50 pounds of sharps per month, including items which may be mixed with the sharps.
2. The sharps collection station stores no more than 500 pounds of sharps at any one time.
3. All sharps shall be contained in accordance with the requirements of subsections (C)(3) and (C)(4) of this section.
4. The owner or operator submits a plan of operation to the director for review and approval prior to operation.
5. The owner must obtain registration from the director. A permit is not required.
6. Transportation shall be in accordance with the requirements of subsection (E) of this section.
E. Transportation.
1. No person shall receive for transport or transport biomedical waste that is not contained, handled or treated in accordance with this chapter.
2. No person shall transport biomedical waste in Whatcom County unless the following requirements are met:
a. Vehicles used for transport shall be registered with the director. The following are required:
i. Registration documentation shall be submitted on forms provided by the director.
ii. Registration shall include the owner and operator’s full name and address and vehicle identification number (VIN).
iii. Registration information shall also include documentation that demonstrates that biomedical waste will be packaged in accordance with subsection (C) of this section.
b. The vehicles used to transport biomedical waste must meet all of the following requirements:
i. The portion of the vehicle where the biomedical waste is contained shall be completely enclosed to prevent littering, spillage, or leakage.
ii. The surface area of all equipment and vehicles used to transport biomedical waste shall be impermeable to liquids and be maintained in good repair.
iii. Vehicles must carry a written contingency plan, approved by the director, for spills and accidents and shall carry tools and materials, including a spill kit, sufficient to implement the contingency plan pursuant to subsection (H) of this section, Spill Management.
c. The surface areas of all equipment and vehicles used to transport biomedical waste that has come into contact with spilled or leaked biomedical waste shall be disinfected pursuant to subsection (H) of this section, Spill Management. All drainage shall be discharged to a sanitary sewer system.
d. Persons or biomedical waste generators transporting less than 100 pounds per month of biomedical waste are exempt except from the requirements of subsection (E)(3) of this section. Sharps waste must be contained in rigid, puncture-resistant, leakproof containers and clearly labeled with the word “Biohazard” and/or a visible “biohazard” symbol. Non-sharps biomedical waste must be sealed in a red plastic bag labeled with the word “biohazard.”
e. Biomedical waste vehicle drivers must be trained in accordance with the requirements of subsection (J) of this section.
3. Biomedical waste shall only be transported to a facility permitted to accept biomedical waste.
a. Biomedical waste shall not be stored more than 48 hours at any off-site location, except at a facility permitted to treat biomedical waste.
b. Biomedical waste shall be segregated and transported separately from other solid wastes.
F. Treatment.
1. Prior to disposal in the municipal solid waste stream, all biomedical waste must be effectively treated by one or more of the following methods which will change the composition so as to minimize the risk of transmitting infectious disease:
a. Incineration. Treatment by incineration shall consist of incineration in a controlled air, multichambered incinerator that provides complete combustion of the waste to carbonized or mineralized ash.
b. Steam Sterilization. Treatment by steam sterilization shall subject all the waste to a combination of operational temperature, pressure and time proven to render the waste noninfectious at the design capacity of the installed equipment.
c. Alternative Technologies. Alternative technologies include, but are not limited to:
i. Chemical disinfection;
ii. Gas/vapor disinfection;
iii. Irradiation;
iv. Radio wave treatment.
Any person seeking approval of an alternative technology must demonstrate to the director that the proposed method is capable of disinfecting the biomedical waste prior to disposal in the municipal solid waste stream. The proposed method must be in compliance with all applicable state and federal regulations relative to employee safety.
G. Treatment Facilities.
1. Any facility treating biomedical waste must obtain a permit prior to operation.
2. All new, expanded or altered biomedical waste treatment facilities must file an environmental checklist as required by SEPA.
3. A biomedical waste treatment facility shall not receive biomedical waste that has not been contained, handled, transported or treated in accordance with the requirements of this chapter.
4. Permitted facilities shall operate in accordance with a plan of operation approved by the director prior to operation. The plan of operation shall include, but not be limited to:
a. Complete process description:
i. Maximum volume of waste to be processed and stored;
ii. Waste receiving and handling and storage procedures;
iii. Waste handling procedures that minimize employee exposure;
iv. Waste processing equipment descriptions and diagrams;
v. Reusable container disinfection procedures;
vi. Emergency procedures;
vii. Equipment testing procedures;
viii. Efficacy of treatment testing;
ix. Employee decontamination procedures;
b. Facility site plan;
c. Operations and maintenance procedures;
d. Inspection and monitoring procedures;
e. Employee health and safety:
i. Training;
ii. Medical monitoring;
(A) Initial and annual TB testing;
(B) Hepatitis B vaccination;
iii. Exposure control plan;
iv. Personal protective equipment;
v. Safety rules and regulations;
f. Environmental compliance sampling procedures;
g. Environmental contamination correction procedures;
h. Vector control procedures;
i. Recordkeeping.
5. Any biomedical waste being stored at a commercial biomedical waste treatment facility prior to treatment or transport shall be:
a. Treated within 12 hours of receipt of the biomedical waste; or
b. Refrigerated at a temperature of zero degrees Celsius (32 degrees Fahrenheit) for a maximum period of 30 days prior to treatment or transport. Daily temperature logs shall be maintained; or
c. Kept separate from other solid wastes;
6. All reusable containers for biomedical waste may be reused for other purposes after being disinfected by one of the following methods:
a. Exposure to hot water of at least 82 degrees Celsius (180 degrees Fahrenheit) for at least 15 seconds;
b. Exposure to an OSHA approved tuberculocide by rinsing or immersion as directed by the manufacturer.
7. Prior to operation, the facility must conduct a validation test using biological indicator spores to determine the efficacy of the treatment unit. The validation test procedure must be approved by the director and must render biomedical waste noninfectious. A six-log biological spore reduction is required.
8. After startup, the facility must test the treatment unit at a minimum of every 40 hours of operation or as specified by the manufacturer’s recommendations whichever assures the more frequent testing to assure the efficacy of the treatment unit. A six-log biological spore reduction is required.
9. After startup, the director shall test the treatment unit at a minimum of every 100 hours of operation to assure the efficacy of the treatment unit. A six-log biological spore reduction is required.
10. Prior to operation, the facility shall develop a hazard analysis critical control point (HACCP) Plan for on-going operation at the facility. The HACCP shall include, but not be limited to, the following:
a. Identify hazards and assess their severity and associated risks;
b. Determine critical control points and control points for employee exposure and determine the critical limits;
c. Determine critical control points and control points for adequate biomedical waste treatment and the critical limits;
d. Corrective actions for critical control points;
e. A monitoring program that includes recordkeeping.
The director shall assure implementation of any corrective action.
H. Spill Management.
1. Written policies and procedures for spill management of biomedical waste shall be developed by each transporter and treatment facilities that handles biomedical waste. The plan shall be approved by the director prior to operation.
2. The policies and procedures for spill management shall include, but not be limited to, the following:
a. Spill containment and cleanup equipment shall be kept in areas utilized for the collection, storage, transport or treatment of biomedical waste.
b. Spill containment equipment shall include the following items:
i. Disposable absorbent material for spilled liquids;
ii. OSHA approved tuberculocide to disinfect area of spill;
iii. Biomedical waste bags;
iv. Disposable, moisture-resistant or moisture-proof protective clothing, gloves, boots, hard hat and face-shield, or other equivalent personal protective equipment;
v. Equipment for the physical cleanup of biomedical waste. The equipment shall be capable of being disinfected or disposed of in accordance with the provisions of this chapter as biomedical waste.
c. Employees shall wear protective clothing during spill management and practice personal hygiene after cleanup.
d. Contaminated items shall be properly disposed of or disinfected.
e. Contaminated areas shall be disinfected after debris is removed.
f. Employees shall use mechanical methods for cleaning spills such as a broom, shovel, or tongs. Employees shall not physically handle any biomedical waste with bare or gloved hands.
3. All spills must be reported by personnel to employers and records of spills kept for three years. Any spill that has a volume greater then 32 gallons of nonliquid waste or one gallon of liquid waste must be reported to the director within 48 hours with written documentation of the spill and cleanup activities.
4. Any employee exposure as a result of a spill or other accident should be reported to the director within 24 hours.
5. The director shall be immediately notified when a spill occurs in transit within Whatcom County.
I. Recordkeeping.
1. All transporters and treatment facilities that handle biomedical waste shall maintain the following records:
a. A current list of all personnel responsible for compliance with this chapter;
b. The date, time, persons involved and description of spill events. The date, time, persons involved and description of activities of spill events during transport;
c. Treatment methods of biomedical waste;
d. Type and amount of biomedical waste produced, transported, stored and/or treated per month;
e. The plan of operation approved by the director and any additional policies and procedures for handling biomedical waste;
f. Daily temperature logs for refrigerated biomedical waste;
g. All startup and subsequent routine validation test results;
h. Training and medical monitoring.
2. Records shall be maintained for a minimum of three years.
J. Training. Treatment facilities involved in the handling of biomedical waste shall provide training to all employees involved in the handling of biomedical waste. Such training shall include, but not be limited to, the following:
1. Identification and definition of all biomedical waste handled by the facility;
2. An explanation of the facility’s plan of operation that includes the requirements of this chapter regarding handling, treatment, transport, storage, spill management and disposal of biomedical waste;
3. Assignment of roles and responsibilities;
4. Implementation of training when the plan of operation is developed and implemented, when new employees are hired and when management procedures change;
5. Continuing education shall be provided annually and shall refresh and maintain personnel awareness of potential hazards as well as reinforce policies and procedures detailed in the plan of operation;
6. Blood-borne pathogen standards;
7. Personal hygiene practices. (Ord. 2009-025 Exh. A; Ord. 2004-002; Ord. 2002-021; Ord. 2000-021).
24.06.050 Permits.
A. Any new, renewed or modified permit shall be issued in accordance with WAC 173-350-710, Permit application and issuance.
B. A variance from this chapter and Chapter 173-350 WAC may be granted by the director, pursuant to the requirements of WAC 173-350-710(7), Variances.
C. Solid waste handling facilities, including only the following types, may be issued a five-year permit that expires on December 31st of the fifth year following permit issuance:
1. Moderate risk waste facilities;
2. Transfer stations;
3. Recycling facilities;
4. Drop box facilities.
All other permits shall expire on December 31st of the year following permit issuance. (Ord. 2004-002; Ord. 2002-021; Ord. 2000-021).
24.06.060 Notifications, public hearings and application review.
A. Upon receipt of a complete new permit application, permit renewal application, permit modification or variance request for a solid waste handling facility, the director shall send notice to all property owners adjacent to the solid waste handling facility, to all tenants occupying property adjacent to the facility in such cases where the owner is not a resident and to any persons who have requested notification.
1. A public hearing shall be held for all new solid waste handling facilities.
2. A public hearing shall be scheduled if a written request for a hearing is received for an existing permit renewal, modification or variance request.
B. Copies of new permit applications, permit renewal applications, permit modifications and variance requests shall be publicly available for at least 20 calendar days before a permit decision is made. This 20-day time period begins the day notice has been mailed to all adjacent landowners, tenants and other interested parties.
C. The director shall publish a notice of all public hearings in the official county newspaper no fewer than 10 calendar days prior to the hearing date.
D. At all public hearings, oral and written public comment will be taken to assist the director with a permit decision.
E. The director shall publish a notice of permit decisions for all new permits, permit renewals, permit modifications or variance requests in the official county newspaper and mail notice to all property owners adjacent to the solid waste handling facility, to all tenants occupying property adjacent to the facility in such cases where the owner is not a resident and to any persons who have requested notification.
F. Copies of all permit applications and all administrative notes, memos, and correspondence including public comments, regarding any existing or proposed solid waste handling facility shall be collected and maintained by the director for public inspection or research. (Ord. 2004-002; Ord. 2002-021; Ord. 2000-021).
24.06.070 Permit modification by director.
The director may modify a permit after its issuance if necessary to make it conform to promulgation or revisions of applicable solid waste regulations or to respond to newly discovered information pertinent to the permitted activity. No additional fee or penalty shall be imposed. The permit holder shall be notified of modifications made to the permit after they are completed. (Ord. 2004-002; Ord. 2002-021; Ord. 2000-021).
24.06.080 Permit suspension.
A. Any permit issued pursuant to this chapter may be suspended by the director when:
1. The permit holder has violated the Washington State or Whatcom County solid waste regulations more than three times within the last five years; or
2. The permit holder knowingly, or with reason to know, made a false statement or an omission of material fact in the application for a permit or any data attached thereto, or in any matter pertaining to the director’s administration of the permit.
B. When the director finds that cause exists, as provided in subsection (A) of this section for permit suspension, the continued operation of the solid waste handling facility may be conditioned upon:
1. Compliance with corrective actions specified by the director. The corrective actions will be specified in a notice issued pursuant to Chapter 24.07 WCC and designed to protect the public’s health; and/or
2. The assessment and payment of civil penalties assessed pursuant to Chapter 24.07 WCC.
C. The suspension shall be effective upon service of the notice upon the permit holder, owner or operator of the solid waste handling facility. All notices shall be served in accordance with WCC 24.07.100. (Ord. 2004-002; Ord. 2002-021; Ord. 2000-021).
24.06.090 Permit revocation.
A. Any permit issued under this chapter may be revoked by the director when:
1. Operations under the permit have violated Washington State or Whatcom County solid waste regulations and continued operation of the solid waste handling facility poses a hazard to public health and cannot be remedied corrective action; or
2. The permit holder has failed to comply with corrective action detailed in a notice served pursuant to WCC 24.07.100.
B. The permit revocation shall be effective upon service of a notice upon the permit holder, owner or operator of the solid waste handling facility. All notices shall be serviced in accordance with WCC 24.07.100. (Ord. 2004-002; Ord. 2002-021; Ord. 2000-021).
24.06.100 Permit eligibility.
A. Whenever a permit is suspended or revoked, the director may deny the application for a permit renewal.
B. The director may deny an application for a permit if it finds that the permit applicant has experienced a permit suspension or revocation under this chapter, or any other comparable regulations issued by a governmental entity of similar jurisdiction, any time within the three years immediately preceding the date of application. (Ord. 2004-002; Ord. 2002-021; Ord. 2000-021).
24.06.110 Enforcement.
When an owner, operator or person violates the provisions of this chapter, the director or local prosecuting attorney’s office, may initiate enforcement or disciplinary actions or any other legal proceedings authorized by law, including but not limited to any one or combination of the following:
A. Administrative hearings convened at the request of the director;
B. A notice, issued pursuant to Chapter 24.07 WCC, and directed to the owner or operator and/or person causing violations of this chapter;
C. Suspension or revocation of permits or approvals pursuant to WCC 24.06.080 and 24.06.090;
D. Civil penalties as per Chapter 24.07 WCC. (Ord. 2004-002; Ord. 2002-021; Ord. 2000-021).
24.06.120 Appeals.
An aggrieved party may appeal any permit decision, including approval, modification, variance decision, denial, suspension or revocation in accordance with RCW 70.95.210. (Ord. 2004-002; Ord. 2002-021; Ord. 2000-021).
24.06.130 Inspection.
A. The director shall have the authority to inspect any permitted facility, transporter, biomedical waste storage and/or treatment facility at any reasonable time for the purpose of evaluating compliance with the facility’s written plan of operation and to determine if the facility is handling biomedical waste and/or solid waste in accordance with this chapter.
B. The director shall have the authority to inspect any site or facility to assure compliance with the provisions of this chapter. (Ord. 2004-002; Ord. 2002-021; Ord. 2000-021).
24.06.140 Severability.
Should any section, subsection, paragraph, sentence, clause or phrase of this regulation be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this regulation. (Ord. 2004-002; Ord. 2002-021; Ord. 2000-021).
24.06.150 Fees.
A. All solid waste handling facilities or proposed solid waste handling facilities shall pay applicable fees as established by the Whatcom County council in the Unified Fee Schedule.
B. Permit fees will not be refunded to owners or operators of facilities with suspended or revoked permits. (Ord. 2004-002; Ord. 2002-021; Ord. 2000-021).
24.06.160 Limits.
Acceptance of infectious waste shall be limited at any treatment facility to 0.3 percent of Whatcom County’s solid waste stream. Limits shall be maintained on a monthly basis based on the previous year’s annual solid waste amount divided by 12. Treatment facilities will report the amount of infectious waste accepted during the previous month to Whatcom County health and human services department no later than the fifteenth of each month. For purposes of this section, generators which only treat their own waste are not considered treatment facilities. (Ord. 2004-002; Ord. 2001-011 Exh. A).
24.06.170 Citizen suits.
Citizen suits may be commenced only if enforcement has not created compliance with this chapter within the timeframes stipulated in subsections (B)(1) and (B)(2) of this section.
A. Except as provided in subsection (B) of this section, any citizen may commence a civil action on his or her own behalf:
1. Against any person, including Whatcom County, who is alleged to be in violation of any requirement or prohibition under this chapter or an order issued by the county health officer with respect to this chapter; or
2. Against the county health officer where there is alleged a failure of such officer to perform any act or duty under this chapter which is not discretionary with the officer.
An action under this subsection (A) shall be brought in Whatcom County superior court.
B. No action may be commenced:
1. Under subsection (A)(1) or (A)(2) of this section:
a. Prior to 30 days after the plaintiff has given notice of the alleged violation to the county health officer and to any alleged violator of the requirement, prohibition or order; or
b. If the county health officer has commenced and is diligently pursuing a civil action in court to require compliance with this chapter; but, in any action brought under this chapter, any citizen may intervene as a matter of right.
2. Under subsection (A)(2) of this section prior to 70 days after the plaintiff has given notice of such action to the county health officer.
C. The court, in issuing any final order in any action brought pursuant to this section, may award costs of litigation (including reasonable attorney and expert witness fees), and may assess fines against any violator of the requirements of this chapter.
D. Nothing in this section shall restrict any right to which any person (or class of persons) may have under any statute or common law to seek any relief regarding disposal of infectious waste (including relief against the county health officer). (Ord. 2004-002; Ord. 2001-011 Exh. A).
24.06.180 Violation – Penalty.
Penalties for any violations of this chapter shall be at least $5,000 for the first violation; $25,000 for the second violation and loss of permit for the third violation. However, the county retains the right to revoke a permit at any time for willful or egregious violations. The county administration, working with the Washington State Utilities and Transportation Commission, shall be authorized to direct any certificated hauler to cease use of a facility found to be in violation of this chapter. (Ord. 2004-002; Ord. 2001-011).
Prior legislation: Ords. 89-24, 90-10, 96-007 and 2000-003.