The URL can be used to link to this page

Home My WebLink Aboutord2010-049 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2010- 363 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Council/ Originator: JH 10/1/10 10/12/10 Introduction t, 101 10 / 26 / 2010 Hearing Head: �1W l lip g Dept. Head: lo( ( 10 Prosecutor: t%$ j bill 7 0 Purchasing/Budget: Executive: TITLE OF DOCUMENT: Ordinance amending WCC Title 24, Health Code, to revise WCC 24. 12, Mushroom Substrate Production Rules ATTACHMENTS: • Ordinance Form • Proposed revision to WCC 24. 12, Mushroom Substrate Production Rules SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( X ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: 10/26/10 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Proposed revision to WCC 24. 12, Mushroom Substrate Production Rules. COMMITTEE ACTION:: COUNCIL ACTION: 10 / 12 / 2010 : Introduced 10 / 26 / 2010 : Council Adopted 7 -0 Ord . 2010-049 I i Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Ord . 2010- 049 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County 's website at: www. co. whatcom. wa. us/council. SPONSORED BY: Consent PROPOSED BY: Health INTRODUCTION DATE: 10 / 12 / 2010 ORDINANCE NO . 2010-049 AMENDING WCC TITLE 24 , HEALTH CODE , TO REVISE WCC 24 . 12 , MUSHROOM SUBSTRATE PRODUCTION FACILITY RULES WHEREAS , odors and air emissions generated from mushroom substrate production facilities contain regulated air pollutants, such as hydrogen sulfide, ammonia and trimethylamine in significant concentrations ; WHEREAS, these air pollutants have had a demonstrated potential impact on the health of nearby residents, resulting in frequent and severe nausea, headaches , exacerbated symptoms of asthma , and other respiratory difficulties; WHEREAS , over a four year period , odors and emissions generated from mushroom substrate production facilities have resulted in 1 , 100 complaints from Whatcom County citizens to the. Northwest Clean Air Agency, leading to 26 separate enforcement actions and civil penalties of $ 106 , 000; WHEREAS, in response to the potential impact on public health from these odors and emissions, on October 26 , 2004 the Whatcom County Council, acting as the Whatcom County Health Board , adopted WCC 24. 12, Mushroom Substrate Production Facility Rules; WHEREAS, it has subsequently been determined that the specific process used to produce mushroom substrate used for the cultivation of certain species of commercial mushrooms, known as the wood inhabiting species, such as shitake, enoki and oyster mushrooms, does not produce odors and emissions that are known to potentially impact public health ; WHEREAS, the regulation of the production of mushroom substrate used to cultivate the wood inhabiting species of mushrooms is therefore unnecessary, and as such may be exempted from the requirements of WCC 24. 12 , Mushroom Substrate Production Facility Rules; NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council , acting as the Whatcom County Health Board , that revisions to existing Whatcom County Health Code are being proposed as outlined in Exhibit A to this Ordinance . BE IT FURTHER ORDAINED that if any section , subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional , such decision shall not affect the validity of the remaining portions of this ordinance. The Council hereby declares that it would have passed this code and each section , subsection , sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections , sentences, clauses or phrases has been declared invalid or unconstitutional , then the original ordinance or ordinances shall be in full force and effect. ADOPTED this 26 day of October , 2010. ��``�ttttttittii��,'�� WHATCOM COUNTY HEALTH BOARD aSA ) NT Y c '% . . . . . � '%o WHATCOM COUNTY, WASHINGTON • • °FWH4 . G . p • • 2 '• L ana Br ►m-�`: �, Cletk of he Council Sam Crawford , Health Board Chair ° k • • ° /NGZO • • • . • • • ��`` ''' 1 / IIII► ltl0``````` APPROVED AS TO FORM : ( pproved ( ) Denied ‘ . oscent____ _atfir RattetalWiattereMet Civil Deputy Prosecutor Pete Kremen , County Executive Date : 7a-4 1-4° EXHIBIT A WCC24. 12 . 020, Definitions is revised to include: "Mushroom substrate" means a highly specific, nutrient-rich product prepared from selective organic and inorganic materials for the purpose of cultivating mushrooms. Mushroom substrate, for the purposes of this chapter, does not include substrate prepared for the cultivation of wood inhabiting species of specialty mushrooms, such as shitake , enoki or oyster mushrooms, that is produced with sawdust and grains , such as rye , millet or wheat bran , without any addition of manure, and with no generation of excessive process odor.