HomeMy WebLinkAboutord2004-054WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2004 -300
CLEARANCES
Initial
Date
Date Received in Council Office
A ends Dare
Ani ned ro:
Originator:
8/3/2004 Board of Health_
Division Head:
8/10/04 Council Introduction
Dept. Head:
AUr, 2 - 2004
9/14/04 Public Hearin
Prosecutor
1A HArnOM r t
VYr ill 1Y' �iUldT^l
10/26/2004
Public Hearing.
Purchasing /Budget:
CDUlC:lL
Exe¢aaae:
�
SUBJECT:
Ordinance amending WCC Title 24, Health Code, to create WCC 24.12, Mushroom Substrate Production Facility Rules.
ATTACHMENTS:
• Ordinance Form
• Proposed 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:
SUMMARYSTATEMENT:
Distribution
Request
The purpose of the proposed WCC 24.12, Mushroom Substrate
Production Facility Rules is to protect citizens and visitors from
exposure to contaminants potentially released from mushroom
Indicate those who should receive
List spec
specific names to the right.
a copy after Council action .
substrate production facilities. The proposed rules establish eo rmit
ADS Facilities Management
requirements, minimum design standards, and minimum operational
ADS Finance
standards. Examples of specific requirements for mushroom
ADSHuman Resources
substrate production (MSP) include:
1. Permits required for all MSP facilities;
2. Permit exemptions for small quantity on -site growers /MSP
facilities;
ADSI f Services
Assessor
Auditor
Cooperat1Ve �mmsion
3. Operation requirements for odor control, surface and ground I
District Court
water protection, and vermin management; and
4. Design requirements for new, expanding and renovated
executive
facilities, which include indoor operation, aerated flooring,
biofilter and ammonia scrubber for exhaust emissions,
Health
Regina Delahunt
Hearing Examiner
leachate collection, and storm water controls.
The Planning Department is currently drafting changes to Title 20,
Jail
which will specify zoning requirements for mushroom substrate
production operations. The proposed WCC 24.12.050, Location
Standards requires MSP facilities to be in compliance with local
zoning regulations
COUNCIL ACTION TAKEN :
^v¢ ^Re
Parks
8/3/2004: Discussed at Board of Health Meeting
8 / 10 / 2004: Substituted version accepted for Introduction
Planning
Hal Harr
Prosecutor
9/14/2004: Held to Special Board of Health meeting.
Date to be announced.
Committee revised version amended and forwarded for
introduction to the Council.
10/12/2004: New version introduced.
10/26/2004: Adopted 6 -1, Nelson opposed Ord. 2004 -059
a a
Sheriff
Superior Court
Treasurer
Other
Ordinance or Resolution Number
Related File Numbers:
(this item): ordinance 2004 -os4
SPONSORED BY: consent
PROPOSED BY: consent
INTRODUCTION DATE: 8 /10 /2004
ORDINANCE NO 2004 -054
AMENDING WCC TITLE 24, HEALTH CODE, TO CREATE
WCC 24.12, MUSHROOM SUBSTRATE PRODUCTION FACILITY RULES
WHEREAS, on November 26, 2002, the Whatcom County Council adopted
Ordinance 2002 -068, temporarily amending WCC 20.40, establishing additional criteriafor
siting mushroom substrate production facilities as a conditional use within the agricultural
zoning district, and
WHEREAS, odors and air emissions generated from mushroom substrate
production facilities in Whatcom County have impacted the health of nearby residents,
resulting in frequent and severe nausea, due to exposure to the odors and air emissions,
and residents have also reported headaches, exacerbated symptoms of asthma, and other
respiratory difficulties due to the exposures, and
WHEREAS, odors and air emissions generated from mushroom substrate
production facilities have resulted in 1,100 complaints from Whatcom County citizens to
the Northwest Air Pollution Authority, over a period of four years, leading to 26 separate
enforcement actions and civil penalties of $106,000; and
WHEREAS, odors and air emissions generated from mushroom substrate
production facilities contain regulated air pollutants, such as hydrogen sulfide, ammonia
and trimethylamine, and bioaerosols containing potentially harmful bacteria such as
Thermo - actinomyces vulgaris and Bacillus species, and potentially harmful fungi such as
Aspergillus species, and
WHEREAS, the regulated air pollutants contained in the odors and air emissions
may approach or exceed occupational health standards, and releases to the nearby
community environment may expose persons in the population who have increased
sensitivity or susceptibility, and
WHEREAS, the bioaerosols contained in the airemissions have been demonstrated
to cause lung disease in workers, and residential outdoor air may contain concentrations
of these bioaerosols, resulting in irritative respiratory complaints that may especially affect
the health of sensitive populations; and
WHEREAS, leachate generated from mushroom substrate production facilities may
contaminate surface water and ground water, and
WHEREAS, mushroom substrate producers have previously set up illegal
operations within Whatcom County, and the operations resulted in enforcement actions by
the County to control off -site odor and air emissions and contamination of water; and
WHEREAS, in 2002 Whatcom County, the City of Ferndale and a mushroom
substrate producer entered into a consent agreement to move or close down the operation
because of odor and health impacts to the surrounding community; and
WHEREAS, protection of public health from the potential negative impacts of
mushroom substrate production facilities is necessary through the establishment of permit
requirements and minimum design and operational standards, and
WHEREAS, Chapter 70.05.060 RCW authorizes the local health officer to supervise
the maintenance of all health and sanitary measures for the protection of the public health,
and to enact such local rules and regulations as are necessary to preserve, promote, and
improve the public health and provide for the enforcement thereof; and
WHEREAS, the health officer regulates facilities with similar potential health risks,
such as solid waste facilities, biosolids facilities, and moderate risk waste facilities; and
WHEREAS, the recent court ruling in Littleton vs. Whatcom County invalidated the
use of WCC 24.06, Solid Waste Rules for the regulation of mushroom substrate production
facilities, and
WHEREAS, the SEPA official issued a Determination of Non - Significance for the
proposed rules on July 12, 2004.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Health Board that
the proposed 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
- Ordinance- 2
invalid or unconstitutional, then the original ordinance or ordinances shall be in full
force and effect.
ADOPTED this 26th day of October 2004.
- Ordinance- 3
WHATCOM COUNTY HEALTH BOARD
WHATCOM COUNTY, WASHINGTON
A��
Dan McShane, Health Board Chair
( pproved () Denied
Pete Kremen, County Execut vi
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 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) "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.
(4) 'Buffer' means that part of a facility that lies between the active area and the
property boundary.
(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) "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.
(13) "Facility" means all contiguous land (including buffers and setbacks) and
structures, other appurtenances, and improvements on the land.
(14) "Facility structures" means constructed infrastructure such as buildings, sheds,
utility lines, and piping on the facility.
(15) "Ground water" means that part of the subsurface water that is in the zone of
saturation.
(16) "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.
(17) "Local" means within Whatcom County.
(18) "Mushroom substrate" means a highly specific, nutrient -rich product prepared
from selective organic and inorganic materials for the purpose of cultivating
mushrooms.
(19) "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.
(20) "Nuisance odor" means any odor which is found offensive or may unreasonably
interfere with any person's health, comfort, or enjoyment beyond the property
boundary of a facility.
(21) "On -site" means the property where the mushroom substrate production facility is
located.
(22) "Operator" means a person or corporation who operates all or part of a
mushroom substrate production facility.
(23) "Owner" means a person or corporation who owns all or part of a mushroom
substrate production facility.
(24) "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.
(25) "Person" means an individual, firm, association, copartnership, political
subdivision, government agency, municipality, industry, public or private
corporation, or any other entity.
(26) "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.
(27) "Runoff' means any rainwater, leachate or other liquid that drains over land from
any part of the facility.
(28) "Run -on" means any rainwater or other liquid that drains over land onto any part
of a facility.
(29) "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).
(30) "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.
(31) "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.
(32) "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.
(33) "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.
(34) "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 or 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 WAC 173 -200, Water Quality
Standards for Ground Waters of the State of Washington;
(c) Control nuisance odors to prevent unreasonable migration beyond
property boundaries and comply with RCW 70.94 Washington Clean Air
Act;
(d) Manage the operation to prevent attraction of flies, rodents, and other
vectors; and
(e) 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.
(2) Existing mushroom substrate facilities in operation prior to the effective date of
this chapter are exempt from WCC 24.12.060, Design standards provided that
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. An existing mushroom
substrate production facility that is not in compliance with WCC 24.12.040(4)
shall no longer be exempt from WCC 24.12.060, and shall be subject to the full
requirements of this chapter. In addition, violations of the terms and conditions of
WCC 24.12.040(4) may be subject to the penalty provisions of WCC 24.07,
Administrative Notice Proceedings, Civil Penalties and Abatement.
(3) The operation of the following activities are subject solely to the requirements of
24.12.040(4) and are exempt from permitting. An owner or operator that does
not comply with the terms and conditions of WCC 24.12.040(4) is required to
obtain a permit from the department, may be subject to the requirements of WCC
24.12.060, and shall comply with all other applicable requirements of this
chapter. In addition, violations of the terms and conditions of WCC 24.12.040(4)
may be subject to the penalty provisions of WCC 24.07, Administrative Notice
Proceedings, Civil Penalties and Abatement.
(a) Mushroom substrate production, when all substrate is used on -site to
cultivate mushrooms, and the total volume of material on —site at any one time
is not more than forty (40) cubic yards. Material on -site includes feedstocks
(except baled hay or straw and sawdust), mixed feedstocks, and finished
substrate.
(4) Operations identified in WCC 24.12.040(2) and (3) 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
regulations.
24.12.060 Design standards.
(1) The owner or operator of a mushroom substrate production facility 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 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 each of the following or equivalent technology:
(i) An aerated floor;
(ii) A biofilter;
(iii) An ammonia scrubber 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).
24.12.070 Operating standards.
(1) The owner or operator of a facility shall:
(a) Operate the facility to:
(i) Control dust, 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.
(v) Ensure that, for all facilities subject to WCC 24.12.060, 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:
(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) Nuisance odor management plan (air quality control plan),
including progressive steps outlining operational and
design changes to be taken when 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, 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
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(3) 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:
(i) 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;
(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
any data attached thereto, or in any matter pertaining to the directors
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, Hearing and Appeals.
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 provisions of this chapter.
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(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 Fee 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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