HomeMy WebLinkAboutord2005-057WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2005 -105
CLEARANCES Initial I?a_o Date Received in Council Office Agenda Date Assigned to:
KO • + rY. February 8, 1005 Intro.
Orrginaror: 1 �l �
JD
FED 0 1 2004
WHRTCOM COUNTY
COUNCIL
2/22/05 I P &D /Council
+/12/2005 _ P &D /Council_
4/26/2005 1 P &D /Council
r TLE OF DOCUM8'NT.• Zon2004- 00026, Mushroom Substrate Facilities Siting Requirements.
6/7/2005 Introduced
6/21/2005 P &D
7/12/2005 Public Hearing
ATTACHMENTS: Proposed Ordinance, Planning Commission Motion, Staff Report and Planning
Commission Minutes. Additional background material is available at PDS Office, 5280 NW Drive, Suite A.
SEPA review required? ( x ) Yes { ) Should Clerk schedule a hearing ? ( ) Fes (X ) NO
NO Requested Date:
SEPA review completed? ( x ) Yes ( ) NO
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)
The proposed ordinance adds anew chapter to Title 20 of Whatcom County Code. The purpose of the new chapter is to provide
siting criteria for new mushroom substrate production facilities. The production of mushroom substrate has the potential to
produce odors that are highly offensive to neighboring property owners. This ordinance seeks to locate any new facilities to areas
that would have the least potential to create nuisance odor problems for existing communities. The Ordinance seeks to distinguish
between on farm substrate producers and "commercial" producers by limiting the total volume of substrate material produced on-
farm and requires larger scale producers to locate in the Heavy Impact Industrial zone.
This ordinance is a companion ordinance to the recently adopted Health Code — WCC 14.32, which addresses design, operation
and performance requirements of mushroom substrate production facilities (Ord 2004 -054). This ordinance will supercede
Ordinance 1004 -053 — the latest interim ordinance that addresses mushroom composting.
COMMITTEE ACTION. I COUNCIL ACTION:
2/22/2005: Held in committee
3/15/2005: Held in committee
4/12/2005: Held in committee
4/26/2005: Amended version to be introduced
May 10, public hearing to be held May 24
6/21/2005: P &D Committee Discussed. The
committee recommends to the council to
have an executive session on this item at
the next Committee of the Whole (due to
pending litigation)
2/8/2005: Introduced
5/10/2005: Substitute Introduced
5/24/2005: Amended - hearing on new version
scheduled for 7/12
6/7/2005: Introduced
7/12/2005: Adopted 4 -3, Fleetwood, Crawfor
McShane opposed, ORd. #2005 -057
Related County Contract #. Related File Numbers: Ordinance or Resolution
Number: Ord. #2005 -057
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.
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SPONSORED BY: Consent
PROPOSED BY: Brenner
INTRODUCTION DATE: 5/10/2005
ORDINANCE # 2005 -057
AMENDING THE TEXT OF THE OFFICIAL WHATCOM COUNTY ZONING
ORDINANCE, SPECIFICALLY THE ADDITION OF CHAPTER 20,15 -
MUSHROOM SUBSTRATE PRODUCTION FACILITIES SITING
REQUIREMENTS, ESTABLISHING LOCATIONAL CRITERIA AND ZONING
DISTRICTS IN WHICH SUCH FACILITIES WILL BE ALLOWED
WHEREAS, the County Council initiated and passed both Emergency
Ordinance 2002 -061 and interim ordinance 2002 -068 which temporarily amended
WCC 20.40, establishing criteria for siting mushroom composting as a conditional
use within the agricultural zoning district; and
WHEREAS, the County Council continued the interim conditional use criteria
for siting mushroom composting within the agricultural district to the present time;
and
WHEREAS, in October 2004, the Whatcom County Board of Health adopted
WCC 24.12- Mushroom Substrate Production Facility Rules (Ordinance 2004 -054),
which regulates operation and design requirements for new, expanding and
renovated facilities; and
WHEREAS, Title 20 needs to be amended to complement WCC 24.12 by
establishing locational criteria and defining zoning districts in which mushroom
substrate production facilities will be allowed; and
WHEREAS, pursuant to WCC 20.90, proposed zoning text amendments shall
be considered; and
WHEREAS, a determination of non - significance was issued under the State
Environmental Policy Act (SEPA) on November 11, 2004; and
WHEREAS, legal notice was published in the Bellingham Herald on,
November 27, 2004; and
WHEREAS, the Planning Commission
held
a public
hearing on proposed
amendments on Thursday, December 9, 2004,
and
considered
all testimony; and
WHEREAS, the
Planning
Commission
made amendments to
the proposed
text and recommended
approval,
as amended,
on January 13, 2005;
and
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WHEREAS, in late January, 2005, the Planning Commission forwarded its
recommendations to the Whatcom County Council; and
WHERAS, on February 22, March 15, and April 26, 2005, the Council's
Planning and Development Committee reviewed the Planning Commission's
recommendations; and
WHEREAS, following considerable
deliberation,
the
Planning
and
Development Committee forwarded proposed
amendments to
the full
Council;
and
WHEREAS, on April 26, 2005, the County Council approved a modified
version of the Planning Commission's recommended text for public hearing on May
24, 2005; and
WHEREAS, a public hearing was held on May 24, 2005, at which time the
County Council received testimony and conducted deliberation on the merits of the
proposed ordinance; and
WHEREAS, the Council makes the following findings of fact and conclusions:
FINDINGS OF FACT
1. A Determination of Non - Significance was issued on November 11, 2004.
2. Notice of the hearing was published in the Bellingham Herald on November
27, 2004.
3. The Planning
Commission
held a public
hearing to consider the proposed text
amendment
on December
9, 2004, and
deliberations on January 13, 2005.
4. The County Council requested a text amendment adding a new chapter of
Whatcom County Code 20.20.15 (Mushroom Substrate Production Facilities
Siting Requirements) to require applications for mushroom substrate facilities
to be processed as administrative or conditional use permits, restrict new
mushroom substrate production facilities to Heavy Impact Industrial (WCC
20.68), and Agriculture (WCC 20.40), require new and expanding mushroom
substrate production facilities to comply with buffering and setbacks,
establish commercial and on -farm mushroom production facilities definitions.
5. The Whatcom County Board of Health adopted WCC 24.12- Mushroom
Substrate Production Facility Rules in October 2004 (Ord 2004 -054). WCC
24.12 partially eclipses Ord 2004 -053, the current interim ordinance to Title
20, the Zoning Ordinance. WCC 24.12 has been adopted to "protect public
health from the potential negative impacts of mushroom substrate production
facilities through the establishment of permit requirements and minimum
design and operational standards" WCC 24.12.010(2).
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6. Adverse human impacts are a major problem facing mushroom (Agaricus)
compost production (Atmospheric Pollutants and Trace Gases, Noble, Hobbs,
Dobrovin -Penn ington, Misselbrook and Mead, 2001). Numerous studies,
reports, lawsuits, and articles have documented that mushroom substrate
production is an adverse human and environmental impact and constitutes
noxious emissions to local communities.
7. Concern that current regulations were inadequate to protect the community
from adverse human and environmental impacts and to provide aquifer
protection, the County Council adopted an interim Ordinance (2002 -068) to
provide additional criteria and design standards for permitting mushroom
substrate production facilities.
8. Noxious emissions
determined to be an
Health has adopted
These rules provide
provide community
mushroom substrate
from mushroom substrate production have been
impact to public health. The Whatcom County Board of
WCC 24.12 — Mushroom Substrate Production Rules,
performance, design, and operational requirements to
protection from the potential adverse affects of
production.
9. This text (WCC 20.15) is a companion ordinance to the Mushroom Substrate
Production Rules as contained in WCC 24.12. This text provides siting
regulations (zoning district, buffers and setbacks) as well as distinguishes
two types of mushroom substrate production facilities — commercial and on-
fa rm .
10. Regulatory changes in the Fraser Valley floor of British Columbia, Canada
now require mushroom substrate producers to conduct all substrate
production indoors. This requirement led to increased interest in substrate
production in Whatcom County. IMS, a Canadian substrate producer was the
only permitted facility located in Whatcom County immediately after the rule
changes in BC. The facility occupied by IMS was originally designed for solid
waste composting and was only partially indoors. From April 18, 1999
through September 9, 2003, the Northwest Air Pollution Authority reports
receiving 1,100 health, odor, and dust complaints on the operation. IMS
entered into an agreement with the City of Ferndale and Whatcom County,
which required them to vacate the site.
11. The British Columbia mushroom industry is over a 70 million dollar per year
business and exports a large percentage of their production into US markets.
12. Noxious emissions generated by mushroom substrate facilities exhibit similar
adverse human and environmental health impacts as do other high- impact
industries, due to the potential for quantities of emissions from the
mushroom substrate production process.
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13.
Industries known to emit large quantities of noxious emissions require careful
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siting to minimize impacts to local communities and residents. Large buffers,
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setbacks from adjacent properties, facility design and management
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standards are commonly employed to mitigate the negative impacts of these
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types of industries.
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14.
Mushroom substrate production without associated on -farm production is a
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manufacturing business and as such is not permitted in the agricultural
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zoning district.
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15,
The quantity of mushroom substrate is related to the quantity of noxious
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emissions produced during the composting process. The quantity of noxious
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emissions produced is directly related to the potential for the creation of
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greater adverse human and environmental health impacts. It is a matter of
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scale that prompts the threshold of 3,250 cubic yards of finished compost per
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month as the dividing line between the size of the operation allowed in the
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Agricultural zone and those required to locate in the Heavy Impact Industrial
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Zone. An operation of this size (3,250 yards /month) would be roughly twice
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the size of the largest on -farm mushroom producer currently operating in
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Whatcom County (Ostrom). During the period from December 9, 2002
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through November 29, 2004, the Northwest Air Pollution Control Authority
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has received 16 noxious emission complaints on Ostrom. Expansion of
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existing or newly sited on -farm mushroom substrate production facilities
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would be required to comply with WCC 24.12 - Mushroom Production Facility
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Rules. These rules would require expansion or new facilities to be completely
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enclosed.
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16.
The British Columbia Mushroom Industry Advisory Committee found that
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"Mushroom composting operations, unless properly designed, have the
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potential to contaminate surface water courses, including fish bearing
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streams, through storm water runoff. Of equal significance is the potential for
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contaminating groundwater..."
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17.
Negative - pressure indoor mushroom substrate facilities can be effective in
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reducing, but not eliminating noxious emissions. The amount of the reduction
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is primarily dependent initially upon proper design and afterward upon proper
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maintenance and operation. Therefore, siting high- impact manufacturing
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businesses, like mushroom substrate production facilities, at lease 1/2 mile
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from residential areas has been found to reduce conflict and adverse effects.
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18.
A sufficient number of parcels exist in Whatcom County Agricultural and
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Industrial zones to accommodate mushroom substrate production facilities as
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contemplated in this ordinance.
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CONCLUSIONS
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1.
The amendment is consistent with Growth Management Act, County Wide
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Planning Policies, and Whatcom County Comprehensive Plan.
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2. The proposed amendment complies with the approval criteria for
amendments as stipulated in WCC 20.90.
3. The Whatcom County Council, in consideration of the analysis, findings and
conclusions contained in the staff report concludes that the amendment to
Title 20 as included in Exhibit A of this report be adopted.
4. This amendment is necessary to promote the health, safety, and welfare of
Whatcom County residents.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. The Official Whatcom County Zoning Ordinance, Title 20, is hereby
amended as shown in Exhibit A.
Section 2. The adoption of this ordinance shall nullify the need for Ordinance 2004-
053 - interim conditional use criteria for the siting of mushroom composting as a
conditional use within the agricultural zoning district.
Section 3. Adjudication of invalidity of any of the sections, clauses, or provisions of
this ordinance shall not affect or impair the validity of the ordinance as a whole or
any part thereof other than the part so declared to be invalid.
ADOPTS
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.9•.•••'I '.
O '
APPRO ED A5 TO FORM:
z
Civil Deputy Prosecutor
day of July
f the Council
2005.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY WASHINGTON
;LV
Laurie Caskey- Schreibe Council Chair
(roved ( ) Denied
r �--
Pete Kremeq, Couynty Executive
Date: 7// 5/a 5
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EXHIBIT A
Chapter 20.15
MUSHROOM SUBSTRATE PRODUCTION FACILITIES
Sections:
20.15.010
Purpose.
20.15.020
Definitions,
20.15.030
Applicability,
20.15.040
Nonconforming uses and structures.
20.15.050
Permits and zoning.
20.15.060
Prohibited locations.
20.15.065
Prohibited Operations,
20.15.070
Buffer and setback requirements.
20.15.080
Design, development, and operational requirements.
20.15.090
Reserved,
20.15.100
Reserved,
20.15.110
Compliance with land use permit.
20.15.120
Permit submittal requirements.
20.15.130
Criteria for issuance of land use permit.
20.15.140
Reserved,
20.15.150
Reserved,
20.15.160
Closure of facility.
20.15.170
Appeals.
20.15.180
Severability.
20.15.010 Purpose.
The purpose of this chapter is to establish, procedures• and limitations
governing the placement and permitting of all mushroom substrate production
facilities.
The intent of these regulations is to ensure that these facilities are located in
a manner that protects the County's natural resources, conserves productive
agricultural soils, and minimizes adverse human and environmental impacts,
particularly noxious emissions associated with mushroom substrate production
operations.
The production of mushroom substrate is a manufacturing activity which is
not dependent upon agricultural or any other soils. To conserve those agricultural
soils, mushroom substrate production facilities permitted on agricultural lands
should be limited in extent and to production only for an on -site mushroom farm.
In addition, mushroom substrate production facilities should not be located
contiguous to areas that have or are expected to have residential development at
rural or urban densities. Commercial mushroom substrate production facilities
should not be located on resource lands.
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Where applicable, the permit review, approval process, and oversight of the
operation shall be coordinated with the Whatcom County Health Department.
20.15.020 Definitions.
(1) "Active area" means any part of a facility where mushroom substrate
production activities are conducted, including but not limited to related
areas of feedstock (only excluding straw) storage, leachate and emission
collection and treatment devices, and impervious surfaces.
(2) "Commercial mushroom substrate production facility" means a facility
producing any mushroom substrate for off -site export, or a facility with
30,000 or more square feet of active area, or an on -farm mushroom
substrate production facility with a traying volume of 3,250 or more
cubic yards per month.
(3) "Expansion ", as it pertains to facilities existing at the effective date of
this chapter, means an increase in monthly mushroom substrate
production over the average production of the three months prior to the
effective date of this chapter.
(4) "Facility" means all contiguous land (including buffers and setbacks) and
structures, other appurtenances, and improvements on the land.
(5) "Finished substrate" means substrate that has completed the
fermentation process and is ready for pasteurization..
(6) "Mushroom substrate" means a highly specific, nutrient -rich product
prepared from selective organic and inorganic material for the purpose
of cultivating mushrooms.
(7) "Mushroom substrate production facilities" means "Commercial
mushroom substrate production facilities" and /or "On -farm mushroom
substrate production facilities."
(8) "Mushroom substrate production" means any stage of a process where
the ingredients necessary for the production of mushroom substrate are
assembled, blended, stored or fermented.
(9) "On -farm mushroom substrate production facility" means a facility
producing mushroom substrate which is used exclusively on the same
parcel or adjoining parcels to grow mushrooms, has less than 30,000
square feet of active area and has a traying volume of less than 3,250
cubic yards per month.
(10) " Traying Volume" means the total volume, expressed in cubic yards per
month, of mushroom substrate produced on -site and then consumed
on -site by growing mushrooms. Any unfinished mushroom substrate
received shall be considered as produced on -site.
(11) "Well head protection area" means the area (surface and subsurface),
designated by the Whatcom County Health Department, managed to
protect ground water based public water supplies.
(12) "Unfinished Substrate" means feedstock that has been pre -wet, but is
not yet finished substrate.
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20.15.030 Applicability.
The requirements of this chapter shall apply to new mushroom substrate
production facilities and to the expansion of existing mushroom substrate
production facilities.
20.15.040 Nonconforming uses and structures.
Mushroom substrate production facilities in operation as of the effective date
of this ordinance, including vested applications for such facilities, that do not
conform to the requirements of this chapter are hereby declared nonconforming
uses and shall be subject to the provisions of WCC 20.83 governing nonconforming
uses. Any determination made under Chapter 20.83 WCC shall be governed by the
definition of expansion in 20.15.020(3) and all applicable requirements of this
chapter; provided that, in the event of any conflict between provisions, the more
stringent standard shall apply.
20.15.050 Permits and zoning.
All new facilities and facility expansions shall be located and permitted according
to the following tables.
1) Commercial mushroom substrate production facility:
Permitted use
Administrative use
Conditional use
HII
I AG
2) On -farm mushroom substrate production facility:
Permitted use
Administrative =use
use
HII
I AG
20.15.060 Prohibited locations.
When reviewing applications for new mushroom substrate production
facilities, the approving authority shall not locate mushroom substrate production
facilities in the Water Resource Protection Overlay District, Stormwater Special
Districts, the Recreation and Open Space District, well -head protection areas, nor
within the 100 -year floodplain.
20.15.065 Prohibited Operations.
On -farm mushroom substrate production facilities shall not ship any finished
or unfinished mushroom substrate off -site. All mushroom substrate production not
authorized pursuant to this chapter shall be prohibited.
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1 20.15.070 Buffer and setback requirements.
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3 (1) The facility's active area shall meet the following minimum buffer
4 requirements.
5 (a) 2640 feet from the following zoning districts: Urban Residential,
6 Rural Residential, Residential - Island, Rural, Commercial, Gateway Industrial,
7 Light Impact Industrial, Point Roberts Special District, and Point Roberts
8 Transitional Zoning.
9 (b) 1000 feet from parcels located in the Rural Forestry district.
10 The minimum buffer requirements may be increased for substrate production
11 facilities proposed for the Agricultural zoning district if it can be
12 demonstrated that such additional buffer is required to mitigate adverse
13 impacts on nearby land uses.
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15 (2) The facility's active area shall meet the following minimum setback
16 requirements.
17 (a) 660 feet from property lines for an on -farm mushroom substrate
18 production facility.
19 (b) 1,000 feet from property lines for a commercial mushroom
20 substrate production facility. The minimum 1,000 foot setback requirement
21 may be reduced or eliminated for substrate production facilities proposed for
22 the HII zoning district if it can be demonstrated that such additional setback
23 is not required to mitigate adverse impacts on adjacent land uses.
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25 (3) Where applicable, the facility shall provide buffers in accordance with the
26 Whatcom County Critical Areas Ordinance.
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28 (4) Notwithstanding any other provisions in this ordinance or in Title 20, on-
29 farm mushroom substrate production facilities that are non - conforming shall
30 be eligible for a variance from buffer or setback requirements if it can be
31 demonstrated that such additional buffer or setback is not required to
32 mitigate adverse impacts on adjacent land uses and if the criteria established
33 in WCC 20.84.120 have been satisfied.
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35 (5) The facility shall be designed to include any other conditions determined
36 necessary during the review process.
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38 20.15.080 Design, development, and operational requirements.
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40 New mushroom substrate production facilities and the expansion of existing
41 mushroom substrate production facilities shall be designed, developed, and
42 operated in accordance with the provisions of WCC 24.12 — Mushroom Substrate
43 Production Facility Rules. These are minimum requirements and shall be in addition
44 to any other requirements, including those imposed in a project review process,
45 which apply in the district where the facility is located.
46 In the event of a conflict between a provision of this chapter and a general
47 requirement of this title, a provision of Chapter 24.12 WCC, or a requirement
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I imposed during the project review process, the more stringent provision shall
2 govern.
3 The following requirements shall also be met:
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5 (1) The facility shall be designed, built and operated to meet the storm
6 water and drainage provisions of WCC 20.80.630, 20.80.632, 20.80.633, and
7 20.80.634.
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9 (2) The facility shall be designed, built and operated in accordance with
10 applicable local, state, and federal ordinances and laws, including but not
11 limited to WCC Title 24 and Whatcom County's SEPA ordinance.
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13 (3) The applicant shall show evidence of adequate water availability to
14 support the proposed facility.
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16 (4) The facility shall be designed, located and operated subject to any other
17 conditions determined necessary to mitigate potential adverse impacts
18 identified during the review process.
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20 Nothing herein shall limit the County's enforcement authority or remedies set
21 forth in Title 20 or elsewhere in law or equity for violations of this chapter or land
22 permits issued pursuant to this chapter.
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24 20.15.090 Reserved,
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26 20.15.100 Reserved,
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28 20.15.110 Compliance with land use permit.
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30 If a mushroom substrate production facility is operating in violation of its
31 land use permit conditions and the owner /operator does not resolve the violation
32 within 30 days, or other timeframe approved by the hearing examiner, the land use
33 permit may be suspended or revoked.
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35 To avoid the suspension or revocation of the facility's land use permit, the
36 owner /operator must demonstrate compliance with this chapter, the land use
37 permit itself, and all other permits and approvals, including but not limited to the
38 following:
39 (1) WCC 24.12 - Mushroom Substrate Production Facility Rules, and
40 (2) Local and state air quality and noise level requirements.
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42 20.15.120 Permit submittal requirements.
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44 (1) Prospective applicants for those facilities described in this chapter are
45 required to comply with WCC 24.12 - Mushroom Substrate Production
46 Facility Rules and obtain a Health Department permit. A joint pre - application
47 consultation with Whatcom County Planning and Development Services Land
48 Use Division and Whatcom County Health Department staff is required prior
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I to formal submittal of the land use application. The purpose of the pre -
2 application consultation is for the applicant to provide the County with an
3 overview of the project proposal and for the County to explain the steps
4 involved in the review process and general permit submittal requirements for
5 both the land use and Health Department permits.
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7 (2) The following items shall be submitted to Whatcom County Planning and
8 Development Services for any new application or application for expansion of
9 a mushroom substrate production facility before a land use permit is issued.
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11 (a) A complete land use permit application.
12 (i) The permit application shall include:
13 (A) An engineering report/plan and specifications that address the
14 design and operational standards of WCC 24.12 - Mushroom
15 Substrate Production Facility Rules.
16 (B)A vicinity map having a minimum scale of 1:24,000 showing the
17 area within one mile of the property boundaries of the facility in
18 terms of existing and proposed man -made or natural features
19 that may impact or be affected by -the operation of the facility
20 and the location of any identified critical areas.
21 (C)A site plan which includes at a minimum, a scale drawing of the
22 facility showing property lines, required buffers and setbacks,
23 critical areas, site topography and existing drainage patterns,
24 the locations and sizes of the straw and feedstock storage
25 areas, all other active areas, material processing areas, fixed
26 equipment, buildings with function identified, storm water and
27 leachate collection devices, access roads, and other
28 specifications determined during the review process.
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30 (b) A complete SEPA checklist.
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32 (3) If deemed necessary by the land use administrator, additional
33 information may be required following a review of the initial permit
34 application submittal.
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36 20.15.130 Criteria for issuance of land use permit.
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38 In addition to all other requirements set forth in this chaper and title, and
39 any other controlling laws and ordinances, new applications or applications for
40 expansion of an existing mushroom substrate production facility must show
41 verification by the Whatcom County Health Department that the proposal complies
42 with WCC 24.12 Mushroom Substrate Production Facility Rules as evidenced by
43 either verification of an approved, or approvable Health Department Permit before a
44 land use permit is issued.
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46 20.15.140 Reserved.
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48 20.15.150 Reserved.
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20.15.160 Closure of facility.
The owner /operator of a mushroom substrate production facility shall notify
the Whatcom County Planning and Development services director by certified U.S.
mail at least 60 days in advance of abandonment or discontinuation of operation.
The owner /operator shall comply with the closure plan approved by Whatcom
County Health Department.
20.15.170 Appeals.
The hearing examiner shall have the authority to decide, in conformity with
this chapter, appeals from any order, requirement, permit decision or determination
made by an administrative official in the administration or enforcement of this
chapter where more than one interpretation is possible, provided that such appeal
shall be filed within 14 days of the action being appealed. The hearing examiner
shall hear appeals under this chapter in the same manner as those appeals he has
authority to hear under WCC 20.92.210 (2).
Any such appeal shall be reviewed de novo by the hearing examiner as to the
scope of review and the standard of review.
20.15.180 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.
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