HomeMy WebLinkAboutord2006-030WHATCOM COUNTY COUNCIL A GENDA BILL NO.
2006 -301
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assi lied to:
originator:
JH
6/26/06
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JUL 0 3 2906
7111106
Introd
Division Head:
7/25/06
Public Hearin
Dept. Head:
igo
RAD
Prosecutor:
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Pru'ctinsin /Brrd et
Executive:
TITLE OF DOCUMENT.
Ordinance amending WCC 24.12, Mushroom Substrate Production Facility Rules
ATTACHMENTS:
Ordinance Form
Proposed amendments to WCC 24.12, Mushroom Substrate Production Facility Rules
SEPA review required? ( X ) Yes ( ) NO
Should Clerk schedule a hearing ? ( X ) Yes ( ) NO
SEPA review completed? ( X ) Yes ( ) NO
Requested Date: Introduction on July 11, 2006 for Public
[SEPA Official has issued a Determination of Non-
Hearing on July 25, 2006
Significance for the amendments]
S UMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is ait orditiaiice or requires a public
hearing, you must provide the language far use in the required public notice. Be specific acid cite RCW or WCC as appropriate. Be
clear hi explaining tl :e iiiteirt of the action.)
The purpose of the proposed amendments to WCC 24.12 is to allow existing mushroom substrate production
facilities the opportunity for a limited, incremental increase of production capacity. Existing facilities, that were
in operation as of the effective date of the original ordinance, may increase the production of substrate in
increments of 25% and 50% subject to quantity threshold limits, performance standards, engineering controls and
the use of best management practices. All substrate must be used on site for the fanning of mushrooms, and any
existing facility exceeding the quantity threshold limits is required to operate indoors and under permit.
COMMITTEE ACTION:
COUNCIL ACTION:
7/11/06: Introduced
7/25/06: Council Amended and Adopted 6 -0
McShane absent
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
Ord. 2006 -030
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: 7/11/06
ORDINANCE NO. 2006 -030
AN ORDINANCE AMENDING HEALTH CODE WCC 24.12, MUSHROOM
SUBSTRATE PRODUCTION FACILITY RULES, TO ALLOW EXISTING FACILITIES
A LIMITED INCREMENTAL EXPANSION OF PRODUCTION CAPACITY
WHEREAS, on October 26, 2004 the Whatcom County Council, acting as the
Whatcom County Board of Health, adopted Ordinance 2004 -054, establishing requirements
for the design and operation of mushroom substrate production facilities; and
WHEREAS, there is no allowance in Ordinance 2004 -054 for small existing
mushroom substrate production facilities, that have been in operation as of the effective
date of the ordinance, to implement a limited increase in production capacity without being
fully subject to the same design, operating and permitting requirements as large facilities;
and
WHEREAS, an allowance for a limited incremental increase of production
capacity, for such existing small facilities, is not considered to necessarily present a risk
to public health and the environment, when such allowance is subject to quantity
threshold limits, performance standards, engineering controls and the use of best
management practices; and
WHEREAS, the proposed amendments to WCC 24.12, as outlined in Exhibit A of
this ordinance, provide for such an allowance; and
WHEREAS, the SEPA official issued a Determination of Non - Significance for the
proposed amendments to WCC 24.12 on June 16, 2006.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council, acting
as the Whatcom County Board of Health, that the proposed amendments to WCC
24.12, Mushroom Substrate Production Facility Rules, as outlined in Exhibit A to this
ordinance, be adopted.
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 and phrase thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases has been declared invalid or
unconstitutional, and the original ordinance or ordinances shall be in full force and effect.
ADOPTED this 25 day of July 2006.
APPROVED AS T RM:
— z�
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-�o(: Ran hief Civil Deputy Pro ecutor
WHATCOM COUNTY BOARD OF HEALTH
WHATCOM COUNTY, WASHINGTON
rL �
�4
Laurie Casky-4chreiber, Chair
pproved () Denied
{
Kremen, County Executive
Date:
EXHIBIT A
Chapter 24.12
MUSHROOM SUBSTRATE PRODUCTION
FACILITY RULES
24.12. 010 Authority and purpose.
24.12.020 Definitions.
24.12.030 Performance standards.
24.12.040 Applicability.
24.12.050 Location standards.
24.12.060 Design standards.
24.12.070 Operating standards.
24.12.080 Closure requirements.
24.12.090 Construction records.
24.12.100 Permit application requirements.
24.12.110 Notifications, public hearings and application review.
24.12.120 Permit suspension.
24.12.130 Permit revocation.
24.12.140 Permit eligibility.
24.12.150 Enforcement.
24.12.160 Appeals.
24.12.170 Inspection.
24.12.180 Severability.
24.12.190 Fees.
24.12.010 Authority and purpose.
(1) The director shall administer this chapter under the authority of RCW 70.05.060,
Powers and duties of the local health officer. If a conflict arises between this
chapter and any other local, state or federal regulation, the more restrictive
requirement shall apply.
(2) The purpose of this chapter is to protect public health from the potential negative
impacts of large or improperly operated mushroom substrate production facilities
through the establishment of permit requirements and minimum design and
operating standards.
24.12.020 Definitions.
The following specific definitions shall apply:
(1) "Active area" means that part of a facility where mushroom substrate production
activities are conducted, including feedstock storage, substrate production, and
leachate collection structures.
(2) "Air quality standard" means a standard set for maximum allowable
contamination in ambient air as set forth in WAC 173 -400, General Regulations
for Air Pollution Sources.
(3) "Best management practices" means operating standards, schedules of
activities, maintenance of procedures, use of engineering controls, or other
common practices utilized within an industry to protect human health and the
environment.
(4) "Biofilter" means a bed of organic media designed to treat odors via adsorption
and biological degradation. Proper operation requires attention to contact time,
moisture, bed construction, and selection of media.
(5) "Closure" means those actions taken by the owner or operator of a facility to
cease operations and to ensure that all such facilities are closed in conformance
with applicable regulations at the time of closure.
(6) "Closure plan" means a written plan developed by an owner or operator of a
facility detailing how a facility is to close at the end of its active life.
(7) "Composting" means the biological degradation and transformation of organic
matter under controlled conditions designed to promote aerobic decomposition.
Natural decay of organic matter under uncontrolled conditions is not composting.
(8) "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.
(9) "Contaminate" means the release of leachate, particulate or odor such that the
contaminant enters the environment at a concentration that may pose a threat to
human health or the environment, or cause a violation of any applicable
environmental regulation.
(10) "Department" means the Whatcom County Health Department.
(11) "Director" means the administrative director of Whatcom County Health
Department, or a representative authorized by the administrative director.
(12) "Excessive process odoe' means any odor generated from the production or use
of substrate that is demonstrated to unreasonably interfere with public health.
(13) "Existing facility" means a facility which is in operation and actively engaged in
mushroom substrate production on or before the effective date of this chapter.
(14) "Facility" means all contiguous land (including setbacks) and structures, other
appurtenances, and improvements on the land.
(15) "Facility structures" means constructed infrastructure such as buildings, sheds,
utility lines, and piping on the facility.
(16) "Ground water" means that part of the subsurface water that is in the zone of
saturation.
(17) " Leachate" means water or other liquid that has been contaminated by dissolved
or suspended materials due to contact with organic materials that are being
stored, processed, or composted.
(18) "Local" means within Whatcom County.
(19) "Mushroom substrate" means a highly specific, nutrient -rich product prepared
from selective organic and inorganic materials for the purpose of cultivating
mushrooms.
(20) "Mushroom substrate production" means any stage of a process where the
ingredients necessary for the production of mushroom substrate are assembled,
blended, and/or composted.
(21) "Nuisance odor" means the discharge of air contaminants from any source, with
the exception of odors addressed in Section 535 of the jurisdictional air quality
regulation, that have been discharged in sufficient amounts and of such
characteristics and duration as is likely to be injurious or cause damage to
human health, plant or animal life, or property; or which unreasonably interferes
with enjoyment of life and property.
(22) "On- site" means the property where the mushroom substrate production facility is
located.
(23) "Operator" means a person or corporation who operates all or part of a
mushroom substrate production facility.
F)
(24) "Owner" means a person or corporation who owns all or part of a mushroom
substrate production facility.
(25) "Permit" means an authorization issued by the department which allows a person
to perform mushroom substrate production activities at a specific location and
which includes specific conditions for such facility operations.
(26) "Person" means an individual, firm, association, copartnership, political
subdivision, government agency, municipality, industry, public or private
corporation, or any other entity.
(27) "Plan of operation" means the written plan developed by an owner or operator of
a facility detailing how a facility is to be operated during its active life.
(28) "Runoff' means any rainwater, leachate or other liquid that drains over land from
any part of the facility.
(29) "Run -on" means any rainwater or other liquid that drains over land onto any part
of a facility.
(30) "Setback" means that part of a facility that lies between the active area and man-
made or geologic features (i.e. well or surface water).
(31) "Surface impoundment" means a facility or part of a facility which is a natural
topographic depression, man -made excavation, or diked area formed primarily of
earthen materials (although it may be lined with man -made materials), and which
is designed to hold an accumulation of liquids or sludges. The term includes
holding, storage, settling, and aeration pits, ponds, or lagoons, but does not
include injection wells.
(32) "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.
(33) "Tank" means a stationary device designed to contain an accumulation of liquid
or semisolid materials meeting the definition of leachate, and which is
constructed primarily of nonearthen materials to provide structural support.
(34) "Twenty -five -year storm" means a storm of twenty -four hours duration and of
such intensity that it has a four percent probability of being equaled or exceeded
each year.
(35) "Vector" means a living animal, including, but not limited to, insects, rodents, and
birds, which is capable of transmitting an infectious disease from one organism to
another.
24.12.030 Performance standards.
(1) The owner or operator of all mushroom substrate production facilities subject to
this chapter shall:
(a) Design, construct, operate, and close all facilities in a manner that does
not pose a threat to human health br the environment;
(b) Protect surface water and ground water through the use of best
management practices and all known available and reasonable methods
of prevention, control, and treatment, as appropriate. This includes, but is
not limited to, setbacks from wells, surface waters, property lines, roads,
public access areas, and site - specific setbacks when appropriate. The
facility shall comply with RCW 90.48, Water Pollution Control and
implementing regulations, including WAG 173 -200, Water Quality
Standards for Ground Waters of the State of Washington, as regulated by
the Washington State Department of Ecology;
(c) Control excessive process odors to prevent migration that results in
adverse impact to public health;
(d) Control nuisance odors to minimize migration beyond property
boundaries and comply with RCW 70.94 Washington Clean Air Act, as
determined and implemented by the Northwest Clean Air Agency;
(e) Conform with industry standard best management practices, as defined in
WCC 24.12.020, and as approved by the Natural Resource Conservation
Service.
(f) Manage the operation to prevent attraction of flies, rodents, and other
vectors; and
(g) Comply with all other applicable local, state, and federal laws and
regulations.
WCC 24.12.040 Applicability.
(1) This chapter applies to all existing and proposed mushroom substrate production
facilities in Whatcom County and its incorporated cities on and after the effective
date of this chapter.
(a)
(2) Existing mushroom substrate facilities in operation prior to and on the effective
date of this chapter are exempt from the requirements of this chapter, and are
subject solely to the requirements of WCC 24.12.040(3), provided that:
(a) The facility does not expand its operation resulting in an increase in
monthly substrate production, based on the average production rate over
the three (3) months prior to the effective date of this chapter; or
(b) The facility expands production in compliance with WCC 24.12.060(2); or
(c) The facility operates with a total volume of material on —site at any one
time of not more than eighty (80) cubic yards. Material on -site includes
feedstocks (except baled hay, straw or sawdust), mixed feedstocks, and
finished substrate.
An existing mushroom substrate production facility that is not in compliance with
WCC 24.12.040(3) shall no longer be exempt and shall be subject to the full
requirements of this chapter. In addition, violations of the terms and conditions of
WCC 24.12.040(3) may be' subject to the penalty provisions of WCC 24.07,
Administrative Notice Proceedings, Civil Penalties and Abatement.
(3) Operations identified in WCC 24.12.040(2) shall be managed according to the
following terms and conditions to maintain their exemptions:
(a) Comply with the performance standards of WCC 24.12.030; and
(b) Allow the department to inspect the site at reasonable times.
24.12.050 Location standards.
(1) Mushroom substrate production facilities must be in compliance with local zoning
reg ulations.
24.12.060 Design standards.
(1) The owner or operator of a new mushroom substrate production facility, or an
existing facility not exempt from the requirements of this chapter as defined in
WCC 24.12.040(2), shall submit engineering reports/ plans and specifications,
including a construction quality assurance plan, to address the design standards
of this section. Scale drawings of the facility including the location and size of
feedstock and substrate storage areas, substrate processing areas, fixed
equipment, buildings, leachate collection devices, access roads and other
appurtenant facilities; and design specifications for the building, biofilter, storm
water run -on prevention system, and leachate collection and conveyance
11
systems shall be provided. All substrate production facilities shall be designed
and constructed to meet the following requirements:
(a) The mixing and composting of all organic materials must occur in an
enclosed building with the following or equivalent technology:
(i) An aerated floor;
(ii) A biofilter;
(iii) An ammonia scrubber, as applicable, preceding the biofilter; and
(iv) Other system components, including but not limited to fans and
monitoring systems, as specified by a qualified professional
engineer.
(b) Leachate collection structures shall be enclosed and maintained under
negative pressure with all air emissions collected and treated by an
ammonia scrubber and biofilter or other approved emission control
technology.
(c) The biofilter, or equivalent, shall be designed to treat all air emissions
from the composting and mixing processes. The biofilter shall be
designed according to published industry standards and be approved by
the department. Biofilter design shall account for all of the following:
volumetric flow rate of air to be treated, specific air contaminants and
concentrations, media characteristics, and moisture control.
(d) The mixing and substrate production buildings shall be designed so that a
negative pressure differential is maintained between the inside of the
building and ambient air. All exhausted air must be treated via the
ammonia scrubber and biofilter or other approved emission control
technology. Monitoring equipment shall be installed to verify that the
building maintains negative pressure.
(e) The mixing and substrate production buildings shall be designed to
maintain their integrity under the inherently corrosive conditions that are
associated with the production of mushroom substrate in an enclosed
building.
(f) Facilities shall separate storm water from leachate by designing storm
water run -on prevention systems, to divert storm water from areas of
feedstock preparation, and substrate production;
(g) Facilities shall collect any leachate generated from areas of feedstock
storage, preparation, and substrate production. The leachate shall be
conveyed to a leachate holding pond, tank or other containment structure.
The leachate holding structure shall be of adequate capacity to collect the
amount of leachate generated, and the volume calculations shall be
based on the facility design, and monthly water balance. Leachate
holding ponds and tanks shall be designed according to the following:
(i) Leachate ponds shall meet the design standards established in
WAC 173 - 350- 220(3)(c)(ii); and
(ii) Tanks used to store leachate shall meet the design standards
established in WAC 173- 350- 330(3)(b).
(2) As per WCC 24.12.040(2), existing mushroom substrate production facilities in
operation prior to and on the effective date of this chapter, that remain in
compliance with WCC 24.14.040(3), may:
(a) Expand the production capacity of mushroom substrate, over the
production level existing as of the effective date of this chapter, by up to
25 %, not to exceed 2,150 cubic yards per month, provided that:
_(i) Industry standard best management practices are employed; and
J
(ii) Composting ricks are formed to maximize aeration; and
(iii) An odor response plan, as approved by the director, is developed
and implemented; and
(iv) All mushroom substrate produced at the facility is used solely for
the on -site farming of mushrooms, except for:
(A) Sample sized quantities of up to 1 cubic yard that may be
shipped off -site for analytical testing purposes; and
(B) Equal exchanges of limited quantities of finished substrate,
solely between facilities owned by the same operator, for
substrate quality testing purposes. Such exchanges will be
conducted only following prior approval by the director and
notification to the public, and will be substantiated by
proper shipping documentation. Such exchanges shall not
exceed 1,600 cubic yards per year. Public notification of
approved exchanges shall be provided by publication in
the newspaper of general circulation in the county. The
publication shall indicate that interested parties who
request notice of exchanges from the department will be
notified.
(b) Expand the capacity to produce mushroom substrate over the production
level established in WCC 24.12.060(2)(x), by up to an additional 50 %, not
to exceed 3,200 cubic yards per month, provided that:
(i) The facility has remained in compliance with WCC 24.12.040(3) at
the production level established in WCC 24.12.060(2)(a); and
(ii) Preconditioning heaps are operated over a subsurface aeration
system, and maintained under the full cover of breathable tarps or
a permanent roof; and
(iii) Composting ricks are operated under cover of a permanent roof;
and
(iv) A leachate aeration system, as approved by the director, is used
for the recirculation of leachate applied to the preconditioning
heaps; and
(v) The facility remains in compliance with the requirements of WCC
24.12.060(2)(a)(i) -(iv).
(c) Facilities that expand the production capacity of mushroom substrate
under WCC 24.12.060(2), and fail to remain in compliance with WCC
24.12.030, shall immediately reduce production capacity to a level that
maintains compliance with WCC 24.12.030.
24.12.070 Operating standards.
(1) The owner or operator of a facility shall:
(a) Operate the facility to:
(i) Control dust, excessive process odors, nuisance odors, and other
contaminants to prevent unreasonable migration of air
contaminants beyond property boundaries;
(ii) Prevent the attraction of vectors;
(iii) Ensure that only feedstocks identified in the approved plan of
operation are accepted at the facility;
(iv) Ensure all organic materials, except baled straw or hay, are stored
under cover to prevent contact with precipitation.
0
(v) Ensure that, for all facilities subject to WCC 24.12.060(1), all
mixing and processing of feedstocks, including the pre -wet phase,
occur in an enclosed building with emission control as outlined in
WCC 24.12.060(1)(a).
(vi) Ensure the facility operates under the supervision and control of a
properly trained individual during all hours of operation, and
access to the facility is restricted when the facility is closed; and
(vii) Ensure facility employees are trained in appropriate facility
operations, maintenance procedures, and safety and emergency
procedures according to individual job duties and according to an
approved plan of operation.
(b) Inspect the facility to prevent malfunctions and deterioration, operator
errors, and discharges to the environment which may present a risk to
human health. Inspections shall be conducted at least weekly, unless an
alternate schedule is approved by the department as part of the
permitting process. For facilities with leachate holding ponds, conduct
regular liner inspections at least once every five years, unless an
alternate schedule is approved by the department as part of the
permitting process. The frequency of inspections shall be specified in the
operations plan and shall be based on the type of liner, expected service
life of the material, and the site - specific service conditions. The
department shall be given sufficient notice and have the opportunity to be
present during liner inspections. An inspection log or summary shall be
kept at the facility or other convenient location if permanent office facilities
are not on -site, for at least five years from the date of inspection.
Inspection records shall be made available to the department upon
request.
(c) Maintain daily operating records of the following:
(i) Process monitoring data as prescribed in the plan of operation;
and
(ii) Facility inspection reports shall also be maintained in the
operating record. Significant deviations from the plan of operation
shall be noted in the operating record. Records shall be kept for a
minimum of five (5) years and shall be available upon request by
the department.
(d) Prepare and submit a copy of an annual report to the department by April
1 on forms supplied by the department. The annual report shall detail the
facility's activities during the previous calendar year and shall include the
following information:
(i) Name and address of the facility;
(ii) Calendar year covered by the report;
(iii) Annual quantity of substrate produced, in cubic yards; and
(iv) Any additional information required by the department as a
condition of the permit.
(e) Develop, keep and abide by a plan of operation approved as part of the
permitting process. The plan of operation shall convey to site personnel
the concept of operation intended by the designer. The plan of operation
shall be available for inspection at the request of the department. If
necessary, the plan shall be modified with the approval or at the direction
of the department. Each plan of operation shall include the following:
7
(i) List of feedstocks to be used in process, including a general
description of the source of feedstocks;
(ii) A description of how feedstocks are to be handled on -site during
the facility's active life including:
(A) Acceptance criteria that will be applied to the feedstocks;
(B) Procedures for ensuring that only the feedstocks described
will be accepted;
(C) Procedures for handling unacceptable feedstocks;
(D) Mass balance calculations for feedstocks and amendments
to determine an acceptable mix of materials for efficient
decomposition;
(E) Material flow plan describing general procedures to
manage all materials on -site from incoming feedstocks to
finished substrate;
(F) A description of equipment, including equipment to add
water to substrate as necessary;
(G) Process monitoring plan, including temperature, moisture,
and porosity;
(H) Odor management plan (air quality control plan), including
progressive steps outlining operational and design
changes to be taken when excessive process or nuisance
odors at the property boundary are confirmed, with the
objective of odor abatement.
(1) Leachate management plan; and
(J) Storm water management plan;
(iii) A description of how equipment, structures and other systems are
to be inspected and maintained, including the frequency of
inspections and inspection logs to ensure proper operation and
maintenance of the facility;
(iv) A neighbor relations plan describing how the owner or operator
will manage complaints;
(v) Safety, fire and emergency plans;
(vi) Forms for record keeping of daily weights or volumes of incoming
feedstocks by type and finished substrate, and process monitoring
results;
(vii) For facilities subject to WCC 24.12.060(1), procedures for
ensuring that negative pressure is maintained between the inside
of the building and ambient air, including a description of the
monitoring equipment to be used and record keeping; and
(viii) Other such details to demonstrate that the facility will be operated
in accordance with this chapter.
24.12.080 Closure requirements.
(1) The owner or operator of a mushroom substrate production facility shall:
(a) Notify the director sixty (60) days in advance of closure. At closure, all
organic material, including but not limited to mixed feedstocks, finished
substrate and leachate shall be removed to another facility that conforms
with the applicable regulations for handling the material; and
(b) Develop, keep and abide by a closure plan approved by the director as
part of the permitting process. At a minimum, the closure plan shall
8
include the methods of removing all organic waste materials including
leachate from the facility.
24.12.090 Construction records.
(1) The owner or operator of a mushroom substrate production facility shall provide
copies of the construction record drawings for engineered facilities at the site and
a report documenting facility construction, including the results of observations
and testing carried out as part of the construction quality assurance plan, to the
director. Facilities shall not commence operation until the director has determined
that the construction was completed in accordance with the approved
engineering report/ plans and specifications and has approved the construction
documentation in writing.
24.12.100 Permit application requirements.
(1) The owner or operator of all existing and proposed mushroom substrate
production facilities shall obtain a permit from the department, unless the permit
exemption criteria of WCC 24.12.040(2) are met. All applications for permits.shall
be submitted on forms provided by the department and include:
(a) Contact information for the facility owner, and the facility operator and
property owner if different, including contact name, company name,
mailing address, phone fax, and e-mail;
(b) Identification of the type of facility that is to be permitted;
(c) Identification of any other permit (local, state or federal) in effect or
required at the site;
(d) A vicinity plan or map (having a minimum scale of 1:24,000) showing the
area within one mile (1.6 km) of the property boundaries of the facility in
terms of the existing and proposed zoning and land uses within that area,
residences, and access roads, and other existing and proposed man-
made or natural features that may impact the operation of the facility;
(e) A plan of operation meeting the requirements of this chapter;
(f) Engineering reports /plans and specifications that address the design
standards of this chapter;
(g) A closure plan meeting the requirements of this chapter;
(h) Evidence of compliance with WAC 197 -11 and WCC 16.08, SEPA ;
(i) A list of property owners within one thousand (1,000) feet of the property
line of the existing or proposed facility; and
Q} Any additional information as requested by the department.
(2) Engineering plans, reports, specifications, programs, and manuals submitted to
the department shall be prepared and certified by an individual licensed to
practice engineering in the state of Washington, in an engineering discipline
appropriate for the facility type or activity.
(3) Signature and verification of applicants:
(a) All applications for permits shall be accompanied by evidence of authority
to sign the application and shall be signed by the owner or operator as
follows:
0) In the case of corporations, by a duly authorized principal
executive officer of at least the level of vice- president; in the case
of a partnership or limited partnership, by:
(A) A general partner;
(B) Proprietor; or
(C) In case of sole proprietorship, by the proprietor;
0
(ii) In the case of a municipal, state, or other government entity, by a
duly authorized principal executive officer or elected official.
(b) Applications shall be signed or attested to by, or on behalf of, the owner
or operator, in respect to the veracity of all statements therein; or shall
bear an executed statement by, or on behalf of, the owner or operator to
the effect that false statements made therein are made under penalty of
perjury.
(c) The signature of the applicant shall be notarized on the permit application
form.
24.12.110 Notifications, public hearings and application review.
(1) Upon receipt of a complete new permit application, permit renewal application,
permit modification or variance request for a mushroom substrate production
facility, the director shall send notice to all property owners within one thousand
(1,000) feet of the property line of the existing or proposed facility, to all tenants
occupying property within one thousand (1,000) feet of the property line of the
existing or proposed facility in such cases where the owner is not a resident, and
to any persons who have requested notification.
(a) A public hearing shall be held for all new facilities.
(b) A public hearing shall be scheduled if a written request for a hearing is
received for an existing permit renewal, modification or variance request.
(2) Copies of new permit applications, permit renewal applications, permit
modifications and variance requests shall be publicly available for at least twenty
(20) calendar days before a permit decision is made. This public review period
begins the day that the notice has been mailed to all property owners, tenants
and other interested parties.
(3) For all public hearings, Tthe director shall publish notice in the official county
newspaper no fewer than ten (10) calendar days prior to the hearing date, and
mail notice to all property owners within one thousand (1,000) feet of the property
line of the existing or proposed facility.
(4) At all public hearings, oral and written public comment will be taken to assist the
director with a permit decision.
(5) 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 witihin one thousand (1,000)
feet of the property line of the existing or proposed facility, and to all tenants
occupying property within one thousand (1,000) feet of the property line of the
existing or proposed facility in such cases where the owner is not a resident and
to any persons who have requested notification.
(6) Copies of all permit applications and all administrative notes, memos, and
correspondence including public comments, regarding any existing or proposed
facility shall be collected and maintained by the director for public inspection or
research.
24.12.120 Permit suspension.
(1) Any permit issued pursuant to this chapter may be suspended by the director
when:
(a) The permit holder has been found in violation of this chapter more than
three (3) times within the previous three (3) years; or
(b) 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
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any data attached thereto, or in any matter pertaining to the director's
administration of the permit.
(2) When the director finds that cause exists, as provided in WCC 24.12.150(1) for
permit suspension, the continued operation of the mushroom substrate
production facility may be conditioned upon:
(a) Compliance with corrective actions specified by the director. The
corrective actions will be specified in a notice issued pursuant to WCC
24.07 and designed to protect public health; and/or
(b) The assessment and payment of civil penalties assessed pursuant to
WCC 24.07.
(3) The suspension shall be effective upon service of the notice upon the permit
holder, owner or operator of the facility. All notices shall be served in accordance
with WCC 24.07.100.
24.12.130 Permit revocation.
(1) Any permit issued under this chapter may be revoked by the director when:
(a) Operations under the permit have violated the requirements of this
chapter, and continued operation of the facility poses a hazard to public
health and cannot be remedied by corrective action; or
(b) The permit holder has failed to comply with corrective action detailed in a
notice served pursuant to WCC 24.07.100.
(2) The permit revocation shall be effective upon service of a notice upon the permit
holder, owner or operator of the facility. All notices shall be serviced in
accordance with WCC 24.07.100.
24.12.140 Permit eligibility.
(1) Whenever a permit is suspended or revoked, the director may deny the
application for a permit renewal.
(2) The director may deny an application for a permit if it is determined 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 (3) years immediately preceding the
date of application.
24.12.150 Enforcement.
(1) When an owner, operator or person violates the provisions of this chapter, the
director 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 WCC 24.07, 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
24.12.120 and WCC 24.12.130; and
(d) Civil penalties as per WCC 24.07 (Ord. 2002 -021; Ord. 2000 -021).
24.12.160 Appeals.
(1) An aggrieved party may appeal any permit decision, including approval,
modification, variance decision, denial, suspension or revocation in accordance
with WCC 24.07.090, Nearing and Appeals.
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24.12.170 inspection.
(1) The director shall have the authority to inspect any permitted facility, or permit
exempt facility, at any reasonable time for the purpose of evaluating compliance
with the facility's written plan of operation and/ or provisions of this chapter.
(2) The director shall have the authority to inspect any site or facility to assure
compliance with the provisions of this chapter.
24.12.180 Severability.
(1) 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.
24.12.190 Fees.
(1) All facilities or proposed facilities shall pay applicable fees as established by the
Whatcom County Council in the Unified l=ee Schedule.
(2) Permit fees will not be refunded to owners or operators of facilities with
suspended or revoked permits. (Ord. 2002 -021; Ord. 2000 -021).
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