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Home My WebLink Aboutord2002-021WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2002- CLEARANCES Initial I Date Date Received in Council Office Agenda Date Assigned to: ,motor. L /r"' I� 1\0 IC ® L V L� MAR 05 2002 pNYf1 px{oCrOMr.'/COUNTV Ta l?:S LL000NCEi 3112102 Introduction Pub Wks / Bd of Health Dhdsion Head. 3/26/2002 Dept Head: Prosecutor Purchasing /Rudgetr Executive: SUBJECT: Ordinance proposing revisions to Whatcom County Code 24.06, Solid Waste Rules ATTACHMENTS: Memorandum to County Executive Ordinance WCC 24.06 with proposed revisions SEPA review required? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing P ( ) Yes (X) NO Requested Date: SUMMARY STATEMENT: The proposed revisions to WCC 24.06 will provide an option for small quantity generators of sharps waste to plaster encapsulate treated sharps and teen dispose of the treated, encapsulated waste into the solid waste stream. Distribution Request Indicate those who should receive a copy after Council action List specific names to the right AS Facilities Management AS Finance AS Human Resources AS Info Services Assessor Auditor Cooperative Extrusions District Court Executive Heaah Regina Delahunl Hearing Exanmwr Jail COUNCIL ACTION TAKEN: 2002 -142 3112/2002: Introduced 3/26/2002. Adopted 7 -0, Ord. #2002 -021 elated County Contract #: Juvenile Parks Planning Prosecutor Public Works Sheri Superior Court Tremnrer other Related File Numbers: Ordinance or Resoltdion (tills item): -#r Number 2CD2. 021 ,tpom coy REGINA DELAHUNT WHATCOM COUNTY r HEALTH & HUMAN SERVICES ; H Interim Director P.O. Box 935 GREG STERN, M.D. Bellingham, WA98227 -0935 $ op Health Officer 9`SNI NO+t COMMUNITY HEALTH CENTER Memorandum HUMAN SERVICES CENTER FEB 2 7 2002 1500 Nan, Stale Street To Pete Kremen, County Executive PETE KREMEN nnmwrsnwnaN 36o1636 -6720 WD COUNTY EXECUTIVE FAX 0 601 730 24 90 3M 1528 From: Regina Delahunt, Interim Director WV AAUNIGBIE DISEASE RFnoRTING LINE 1 38 3 Date: February 22, 2002 13601 CHILDREN WmS SeEDAL HMM ME NEEDS RE: WCC 24.06 Revision — Solid Waste Rules 0601 338 -2522 384057° NMMDNICABLF DISUke 1MMONRATIONS I am writing to submit revisions to WCC 24.06 Solid Waste Rules. 136364/336 0 The revisions will require review and approval by the Whatcom County Health Board. Enclosed are an agenda bill, ordinance, and strikeout DEVELDPMENLM UI5.19ILITIES version of the code revisions. 13601636.6639 398.1310 %1TH Under existing regulations, generators of small amounts of sharps ENNRONMD,tklF '3WI 636-6'3° are prohibited from disposing of treated sharps in the regular waste 384 1565 stream. These proposed revisions to the Solid Waste Rules would provide W FURNAI/WFMT 6 an option for small quantity commercial generators of sharps to plaster OW 43.2329 380 4017 encapsulate their sharps after on -site treatment. They would then be MENTNHEALTH allowed to dispose of the encapsulated sharps in the solid waste stream. 1601;1310 398-1310 The proposed revision will provide continued level of assurance to reduce the risk of physical injury to waste handlers while allowing for a more cost STD1MDL W 0601636.4593 effective option. 38459°8 SUBSTANCE "USE The concept of this rule change has been reviewed and supported 36016346829 398 -1110 by members of the Solid Waste Advisory Committee and Health Board. I „T.LmX)RDS request that the ordinance and code revisions be forwarded for (36 °) 6'66'20 consideration at the March 12, 2002 meeting. Please contact me at Ext. 4 381528 50808 if you have any questions. WIC CLINIC 13601 338.7505 301 -1631 COMMUNITY HEALTH CENTER WHATCOM HEALTH CENTER HUMAN SERVICES CENTER 509 Cin,E S6M 1500 Nan, Stale Street 1 FAX North forest Slreel FAN M01 e7f. 3c44 FAX IAA163P6329 FAX 0 601 730 24 90 2/21/02 SPONSORED BY: Consent PROPOSED BY: HHS INTRODUCTION DATE: 3 /12 /02 ORDINANCE NO. 2002 -021 REVISIONS TO WCC 24.06 SOLID WASTE RULES WHEREAS, the Medical Waste Task Force determined that disposal of sharps into the solid waste stream poses a risk to waste handlers; WHEREAS, measures taken to reduce the risk of needle stick injury to waste handlers were codified in WCC 24.06 Solid Waste Rules; WHEREAS, these regulations prohibit disposal of all sharps generated at medical facilities into the solid waste stream; WHEREAS, this prohibition places a burden on facilities that treat on -site and generate only small amounts of sharps, WHEREAS, treatment of sharps, followed by encapsulation of sharps, is an effective means to minimize risk of needle stick injury to waste handlers; WHEREAS, this proposed revision to WCC 24.06 will allow small quantity generators of sharps to encapsulate sharps after on -site treatment, and dispose of the treated, encapsulated waste into the solid waste stream. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Health Board that revisions to existing Whatcom County Code Solid Waste Rules are being proposed as outlined in Exhibit A to this Ordinance. ADOPTED this 26 day of March , 2002. ATTEST: WHATCOM COUNTY HEALTH BOARD WHATCOM COUNTY, WASHINGTON Dana Brown - Davis, Clerk of the Council L. Ward Nelson, CounIffl Chair Page 1 APPROVED AS TO FORM: W Civil Deputy Pros ci or Page 2 Approved O Denied Pete Kremen, County Executive Contents Administration 24.06.01 Authority and Purpose 24.06.02 Adoption by Reference 24.06.03 Definitions Revision 2, 2/26/02 Specific Requirements 24.06.04 Biomedical Waste 24.06.05 Permits 24.06.06 Notifications, Public Hearings, Application Review 24.06.07 Permit Modification 24.06.08 Permit Suspension 24.06.09 Permit Revocation 24.06.10 Permit Eligibility Enforcement 24.06.11 Enforcement 24.06.12 Appeals 24.06.13 Inspection 24.06.14 Severability Fees 24.06.15 Fees Revision 2, 2/26/02 24.06.01 Authority, Purpose (1) The Director shall administer this chapter under the authority of RCW 70.05, 70.95.160 and WAC 173 - 304 -010. (2) The purpose of this chapter is to protect the public health by assuring the proper handling of solid waste including biomedical waste in Whatcom County and its incorporated cities. 24.06.02 Adoption by Reference (1) The Minimum Functional Standards for Solid Waste Handling, WAC 173 -304, effective November 1985, is hereby adopted by reference. If a conflict arises between WAC 173 -304 and WCC 24.06, the more restrictive regulation shall apply. Any subsequent amendment to WAC 173 -304 shall be considered to have been incorporated into this chapter without the need for further amendment. (2) The Criteria for Municipal Solid Waste Landfills, WAC 173 -351 is hereby adopted by reference. If a conflict arises between WAC 173 -351 and WCC 24.06, the more restrictive regulation shall apply. Any subsequent amendment to WAC 173 -351 shall be considered to have been incorporated into this chapter without the need for further amendment. 24.06.03 Definitions (1) In addition to the definitions adopted by reference from WAC 173- 304 -100, the following specific definitions shall apply: The following definition of biomedical waste is adopted from RCW 70.95K. Any subsequent amendment to the definition of biomedical waste in RCW 70.95K shall be considered to have been incorporated into this chapter without the need for further amendment. "Biomedical waste" means, and is limited to the following types of wastes: "Animal waste" is waste animal carcasses, body parts, and bedding of animals known to be infected with, or that have been inoculated with, human pathogenic microorganisms infectious to humans. "Biosafety level 4 disease waste" is waste contaminated with blood, excretions, exudates, or secretions from humans or animals who are isolated to protect others from highly communicable infectious diseases that are identified as pathogenic organisms assigned to Biosafety level 4 by the Revision 2,2/26/02 Centers for Disease Control, National Institutes of Health, Biosafety in Microbiological and Biomedical Laboratories, current edition. "Cultures and stocks" are wastes infectious to humans and includes specimen cultures, cultures and stocks of etiologic agents, wastes from production of biologicals and serums, discarded live and attenuated vaccines, and laboratory waste that has come into contact with cultures and stocks of etiologic agents or blood specimens. Such waste includes but is not limited to culture dishes, blood specimen tubes, and devices used to transfer, inoculate, and mix cultures. "Human blood and blood products" is discarded waste human blood and blood components, and materials containing free- flowing blood and blood products. "Pathological waste" is waste human source biopsy materials, tissues, anatomical parts, that emanate from surgery, obstetrical procedures, and autopsy. Pathological waste does not include teeth, human corpses, remains, and anatomical parts that are intended for interment or cremation. "Sharps waste" is all hypodermic needles, syringes with needles attached, intravenous tubing with needles attached, scalpel blades, and lancets that have been removed from the original sterile package. "Biomedical waste generator" means any producer of biomedical waste to include without limitation the following categories: general acute care hospitals, skilled nursing facility or convalescent hospitals, intermediate care facilities, in- patient care facilities for the developmentally disabled, chronic dialysis clinics, community clinics, health maintenance organizations, surgical clinics, urgent care clinics, acute psychiatric hospitals, laboratories, medical buildings, physicians offices and clinics, veterinary offices and clinics, dental offices and clinics, funeral homes, home health care facilities or other person whose act or process produces biomedical waste as defined in this Chapter. - 'Biosafety Level 2" means the level of safety applicable for handling broad- spectrum indigenous moderate -risk agents present in the community and associated with human disease of varying severity. Hepatitis B virus, the salmonellae, and Toxoplasma spp. are representative of microorganisms assigned to Biosafety Level 2 by the Centers for Disease Control and Prevention (CDC), National Institutes of Health, Biosafety in Microbiological and Biomedical Laboratories, current edition. "Biosafety Level 3" means the level of safety applicable for handling indigenous or exotic agents with a potential for respiratory transmission, and which may cause serious and potentially lethal infection. Mycobacterium tuberculosis, St. Louis encephalitis virus, and Coxiella burnetti are representative of microorganisms Revision 2,2/26/02 assigned to Biosafety Level 3 by the CDC, National Institutes of Health, Biosafety in Microbiological and Biomedical Laboratories, current edition. "Board of Health" means the Whatcom County Council. "Bulk container" means packaging, other than a vessel or barge, including a transport vehicle or freight container, in which untreated biomedical wastes are loaded with no intermediate form of containment and which has: 1. A maximum capacity greater than 450 L (119 gallons) as a receptacle for liquid or 2. A maximum net mass greater than 400 kg (882 pounds) and a maximum capacity greater than 450 L (119 gallons) as a receptacle for a solid. "Chemical disinfection" means a biomedical waste treatment and decontamination method which utilizes appropriately formulated chemical solutions to disinfect biomedical waste and contaminated areas. "Commercial" means having profit as the primary aim. "Container" means any portable device in which materials are transported, treated, disposed of or otherwise handled. "Control Point" means an operation at which preventive and/or control actions are taken because of best management practices, regulations, or company policy. "Critical Control Point" means an operation at which a preventive or control measure can be exercised that will eliminate, prevent or minimize a hazard. "Critical limit" means one or more prescribed tolerances that must be met to insure that a critical control point effectively controls the specified hazard. Critical limits on critical control points represent the boundaries for safety. "Director" means the Administrative Director of Whatcom County Health and Human Services, or a representative authorized by the Administrative Director. "Disinfect" means killing of infectious agents outside the body by directly applied chemical or physical means. "Facility" means any place where activity occurs as defined and regulated by this Chapter. "Gas /vapor sterilization" means a biomedical waste treatment method, only for use under very controlled circumstances, that uses gases or vaporized chemicals as sterilizing agents. Revision 2.2/26/02 "Handling" means the direct physical management of biomedical waste "Hazard Analysis" means identification of hazards and assessment of their severity and the risks associated with the hazards. "Incineration" means a processing method using an engineered apparatus capable of withstanding heat and having as its purpose the efficient thermal oxidation and/or conversion of combustible material into noncombustible residues (ash) and product gases. "Irradiation" means the use of ionizing radiation for the treatment of biomedical waste. "Operator" means a person or corporation who operates all or part of a Solid Waste Handling Facility "Owner" means a person or corporation who owns all or part of a Solid Waste Handling Facility. "Permit" means Solid Waste Handling Facility Permit. "Person" means an individual, trust, firm, joint stock company, corporation, partnership, association, state, county, commission, political subdivision of a state, an interstate body or the federal government or an agency of the federal government. "Personnel" means all persons who work at or oversee the operations of a facility involved in biomedical or solid waste handling. "Respiratory Isolation Waste" is waste contaminated with blood or other potentially infectious bodily fluids, exudates or secretions from humans maintained in hospital or domiciliary isolation for disease spread by respiratory or droplet transmission as _ defined in the CDC Recommendations for Isolation Precautions in Hospitals. Examples of this waste include pulmonary suction canisters, gowns, masks, or other articles contaminated with potentially infectious bodily fluids, exudates or secretions as described above. "Solid waste" means all putrescible and nonputrescible solid and semisolid wastes, including but not limited to garbage, rubbish, ashes, industrial wastes, biomedical waste, swill, demolition, and construction wastes, abandoned vehicles or parts thereof, and discarded commodities. This includes all liquid, solid and semisolid, materials which are not the primary products of public, private, industrial, commercial, mining, and agricultural operations. Solid waste includes but is not limited to woodwaste, dangerous wastes, and problem wastes. "Solid waste handling" means the management, storage, collection, transportation, treatment, utilization, processing or final disposal of solid wastes, including the Revision 2. 2/26/02 recovery and recycling of materials from solid wastes, the recovery of energy resources from such wastes or the conversion of the energy in such wastes to more useful forms or combinations thereof. "Steam disinfection" means a treatment method for biomedical waste utilizing saturated steam within a pressure vessel, e.g. steam sterilization, autoclave or retort, at time lengths and temperatures sufficient to disinfect biomedical wastes. "Transporter" means a person engaged in the off -site transportation of solid waste by air, rail, highway or water. "Treatment" means any method, technique or process designed to change the biological character or composition of biomedical waste and render it non - infectious. "Vehicle" means any motor vehicle, rail car, watercraft, trailer or motorized or non - motorized cargo carrying body used for the movement of solid waste. 24.06.04 Biomedical Waste (1) Exemptions (a) Residential Generator exemption. Biomedical waste generated from self - treatment and disposed of with residential wastes from a single family residence or single family dwelling unit are exempt from the requirements of this chapter, except sections 24.06.04 (2)(h) and (3)(c). (2) General Requirements. (a) All biomedical waste shall be segregated from other solid waste by separate containment at the point of generation. Containment must meet the requirements of section 24.06.04(3). (b) All biomedical waste must be treated prior to disposal into the municipal solid waste stream. Treatment must be provided by one of the methods described in section 24.06.04(6). (c) All Respiratory Isolation Waste must be treated prior to disposal into the municipal solid waste stream. Treatment must be provided by one of the methods described in section 24.06.04(6). All Biosafety Level 3 and 4 Stocks and Cultures must be treated on -site prior to transportation off -site. Treatment must be provided by one of the methods described in section 24.06.04(6). Generators of cultures containing microorganisms that may be transmitted to humans via airborne droplet nuclei shall treat those cultures before transport from the facility. Such cultures include infectious agents associated with diseases that include but are not limited to tuberculosis, measles, and varicella. Stocks and Cultures that have not been treated in accordance with this section shall not be accepted or processed at any facility in Whatcom County. (e) No Biosafety Level 4 waste shall be accepted or processed at any facility in Whatcom County. (f) A biomedical waste generator that treats biomedical waste on site must obtain a Permit. (g) A biomedical waste generator may be granted an exemption from the permitting requirements if all the following conditions are met: (i) Less than 50 pounds of biomedical waste are treated per month (ii) A biomedical waste treatment plan is submitted to the Director for approval prior to operation. (iii) Generator registration is obtained from the Director after the treatment plan is approved. (iv) Treated sharps waste is delivered to a permitted solid waste transfer station.- or disposed of in the municipal solid waste stream after; (A) treatment pursuant to WCC 24.06.04 (6) and (B) plaster encapsulation in a manner approved by the Director; or (C) alternative encapsulation technology approved by the Director. (N,)Tfeated sharps waste s not disposed of in the municipal so! d waste StFeaffi. (vi)(v) Exempt biomedical waste generators may only treat waste generated on -site. (h) A residential generator shall not dispose of sharps into cans, carts, drop boxes or other containers in which refuse, trash or solid waste is placed for collection if a Sharps Collection Station has been established for residential sharps waste. (3) Containment and Handling (a) Untreated biomedical waste shall not be compacted, ground or shredded. (b) No person shall accept, handle, load, unload, process, treat or transport biomedical waste unless the waste is packaged and handled in a manner that protects workers and other persons from exposure to the waste and meets all of the following requirements: (i) Biomedical waste and respiratory isolation waste shall be packaged in containers that have undergone testing in accordance with, and meets the U.S. Revision 2. 2/26/02 Department of Transportation (DOT) packaging specifications detailed in 49 CFR 173.197. Packaging shall include the following: (A) A red plastic disposable bag clearly labeled with the words "Biohazard" and the biohazard symbol. The bags must be impervious to moisture and have strength sufficient to preclude ripping, tearing or expulsion of the contents under normal handling conditions. The bags shall be securely sealed to prevent leakage or expulsion of the contents during storage, transport and handling. (B) Any bag containing biomedical waste shall be placed in a rigid container, including a corrugated cardboard container or a covered reusable container. The rigid container shall be labeled with a visible biohazard symbol and the word `Biohazard." (C) All reusable containers shall be clean, leak proof and kept in good repair. (D) Bulk containers shall not be used in the packaging or handling of biomedical waste. (c) Sharps shall be contained in rigid, puncture - resistant, leak proof containers made of materials including, but not limited to, metal or plastic, designed to prevent the loss of the contents and clearly labeled with a visible biohazard symbol and the words "Biohazard" and "Sharps." (d) Sharps may only be compacted after treatment pursuant to WCC 24.06.04 (6), at a permitted Solid Waste Transfer Station. (4) Sharps Collection Stations. (a) No person shall operate or maintain a sharps collection station unless the facility meets all of the following requirements: (i) The collection station accepts only sharps in sharps containers from residential and biomedical waste generators that generate less than 50 pounds of sharps per month, including items which may be mixed with the sharps. (ii) The sharps collection station stores no more than 500 pounds of sharps at any one time. (iii) All sharps shall be contained in accordance with the requirements of WCC 24.06.04 (3)(c) & (d). (iv) The owner or operator submits a Plan of Operation to the Director for review and approval prior to operation. Revision 2. 2/26/02 (v) The owner must obtain registration from the Director. A permit is not required. (vi) Transportation shall be in accordance with the requirements of WCC 24.06.04 (5). (5) Transportation (a) No person shall receive for transport or transport biomedical waste that is not contained, handled or treated in accordance with this chapter. (b) No person shall transport biomedical waste in Whatcom County unless the following requirements are met: (i) Vehicles used for transport shall be registered with the Director. The following are required: (A) Registration documentation shall be submitted on forms provided by the Director. (B) Registration shall include the owner and operator's full name and address and vehicle identification number (VIN). (C) Registration information shall also include documentation that demonstrates that biomedical waste will be packaged in accordance with 24.06.04 (3). (ii) The vehicles used to transport biomedical waste must meet all of the following requirements: (A) The portion of the vehicle where the biomedical waste is contained shall be completely enclosed to prevent littering, spillage, or leakage. (B) The surface area of all equipment and vehicles used to transport biomedical waste shall be impermeable to liquids and be maintained in good repair. (C) Vehicles must carry a written contingency plan, approved by the Director, for spills and accidents and shall carry tools and materials, including a spill kit, sufficient to implement the contingency plan pursuant to WCC 24.06.04 (8) Spill Management. (iii) The surface areas of all equipment and vehicles used to transport biomedical waste that has come into contact with spilled or leaked biomedical waste shall Revision 2, 2/26/02 be disinfected pursuant to WCC 24.06.04 (8) Spill Management. All drainage shall be discharged to a sanitary sewer system. (iv) Persons or biomedical waste generators transporting <100 pounds /month of biomedical waste are exempt except from the requirements of section 24.06.04(5)(c). Sharps waste must be contained in rigid, puncture - resistant, leak proof containers and clearly labeled with the words "Biohazard" and/or a visible "Biohazard" symbol. Non -sharp biomedical waste must be sealed in a red plastic bag labeled with the word "Biohazard." (v) Biomedical waste vehicle drivers must be trained in accordance with the requirements of WCC 24.06.04 (10). (c) Biomedical waste shall only be transported to a facility permitted to accept biomedical waste. (i) Biomedical waste shall not be stored more than 48 hours at any off -site location, except at a facility permitted to treat biomedical waste. (ii) Biomedical waste shall be segregated and transported separately from other solid wastes. (6) Treatment (a) Prior to disposal in the municipal solid waste stream, all biomedical waste must be effectively treated by one or more of the following methods which will change the composition so as to minimize the risk of transmitting infectious disease: (i) Incineration. Treatment by incineration shall consist of incineration in a controlled air, multi - chambered incinerator that provides complete combustion of the waste to carbonized or mineralized ash. (ii) Steam sterilization. Treatment by steam sterilization shall subject all the waste to a combination of operational temperature, pressure and time proven to render the waste non - infectious at the design capacity of the installed equipment. (iii) Alternative technologies. Alternative technologies include, but are not limited to: (A) Chemical disinfection (B) Gas /vapor disinfection (C) Irradiation (D) Radio wave treatment Revision 2.2/26/02 10 Any person seeking approval of an alternative technology must demonstrate to the Director that the proposed method is capable of disinfecting the biomedical waste prior to disposal in the municipal solid waste stream. The proposed method must be in compliance with all applicable State and Federal regulations relative to employee safety. (7)Treatment Facilities (a) Any facility treating biomedical waste must obtain a Permit prior to operation. (b) All new, expanded or altered biomedical waste treatment facilities must file an environmental checklist as required by SEPA. (c) A biomedical waste treatment facility shall not receive biomedical waste that has not been contained, handled, transported or treated in accordance with the requirements of this chapter. (d) Permitted facilities shall operate in accordance with a Plan of Operation approved by the Director prior to operation. The Plan of Operation shall include, but not be limited to: (i) Complete process description (A) Maximum volume of waste to be processed and stored (B) Waste receiving and handling and storage procedures (C) Waste handling procedures that minimize employee exposure (D)Waste processing equipment descriptions and diagrams (E) Reusable container disinfection procedures (F) Emergency procedures (G) Equipment testing procedures (H) Efficacy of treatment testing (I) Employee decontamination procedures (ii) Facility site plan (iii) Operations and maintenance procedures (iv) Inspection and monitoring procedures (v) Employee Health & Safety (A) Training (B) Medical monitoring (I) Initial and annual TB testing (II) Hepatitis B vaccination (C) Exposure control plan (D) Personal protective equipment (E) Safety rules and regulations (vi) Environmental compliance sampling procedures (vii) Environmental contamination correction procedures (viii)Vector control procedures Revision 2.2/26/02 11 (ix) Record keeping (e) Any biomedical waste being stored at a commercial biomedical waste treatment facility prior to treatment or transport shall be: (i) Treated within 12 hours of receipt of the biomedical waste or refrigerated at a temperature of 0 degrees Celsius (32 degrees Fahrenheit) for a maximum period of 30 days prior to treatment or transport. Daily temperature logs shall be maintained. (it) Kept separate from other solid wastes. (f) All reusable containers for biomedical waste may be reused for other purposes after being disinfected by one of the following methods: (i) Exposure to hot water of at least 82 degrees Celsius (180 F) for at least 15 seconds. (it) Exposure to an OSHA approved tuberculocide by rinsing or immersion as directed by the manufacturer. (g) Prior to operation, the facility must conduct a validation test using biological indicator spores to determine the efficacy of the treatment unit. The validation test procedure must be approved by the Director and must render biomedical waste non - infectious. A six -log biological spore reduction is required. (h) After start -up, the facility must test the treatment unit at a minimum of every 40 hours of operation or as specified by the manufacturer's recommendations whichever assures the more frequent testing to assure the efficacy of the treatment unit. A six -log biological spore reduction is required. (i) After start-up, the Director shall test the treatment unit at a minimum of every 100 hours of operation to assure the efficacy of the treatment unit. A six -log biological spore reduction is required. (j) Prior to operation, the facility shall develop a Hazard Analysis Critical Control Point ( HACCP) Plan for on -going operation at the facility. The HACCP shall include, but not be limited to the following: (i) Identify hazards and assess their severity and associated risks (ii) Determine critical control points and control points for employee exposure and determine the critical limits (iii) Determine critical control points and control points for adequate biomedical waste treatment and the critical limits (iv) Corrective actions for critical control points (v) A monitoring program that includes record keeping. Revision 2,2/26/02 12 The Director shall assure implementation of any corrective action. (8) Spill Management (a) Written policies and procedures for spill management of biomedical waste shall be developed by each transporter and treatment facilities that handles biomedical waste. The plan shall be approved by the Director prior to operation. (b) The policies and procedures for spill management shall include, but not be limited to, the following: (i) Spill containment and clean up equipment shall be kept in areas utilized for the collection, storage, transport or treatment of biomedical waste. (ii) Spill containment equipment shall include the following items: (A) Disposable absorbent material for spilled liquids. (B) OSHA approved tuberculocide to disinfect area of spill. (C) Biomedical waste bags. (D) Disposable, moisture resistant or moisture proof protective clothing, gloves, boots, hard hat and face - shield, or other equivalent personal protective equipment. (E) Equipment for the physical clean up of biomedical waste. The equipment shall be capable of being disinfected or disposed of in accordance with the provisions of this chapter as biomedical waste. (iii) Employees shall wear protective clothing during spill management and practice personal hygiene after clean up. (iv) Contaminated items shall be properly disposed of or disinfected. (v) Contaminated areas shall be disinfected after debris is removed. (vi) Employees shall use mechanical methods for cleaning spills such as a broom, shovel, or tongs. Employees shall not physically handle any biomedical waste with bare or gloved hands. - (c) All spills must be reported by personnel to employers and records of spills kept for three years. Any spill that has a volume greater then 32 gallons of non - liquid waste or one gallon of liquid waste must be reported to the Director within 48 hours with written documentation of the spill and clean up activities. (d) Any employee exposure as a result of a spill or other accident should be reported to the Director within 24 hours. Revision 2.2/26/02 13 (e) The Director shall be immediately notified when a spill occurs in transit within Whatcom County. (9) Record Keeping (a) All transporters and treatment facilities that handle biomedical waste shall maintain the following records: (i) A current list of all personnel responsible for compliance with this Chapter. (ii) The date, time, persons involved and description of spill events. The date, time, persons involved and description of activities of spill events during transport. (iii) Treatment methods of biomedical waste. (iv) Type and amount of biomedical waste produced, transported, stored and/or treated per month. (v) The Plan of Operation approved by the Director and any additional policies and procedures for handling biomedical waste. (vi) Daily temperature logs for refrigerated biomedical waste. (vii) All start up and subsequent routine validation test results. (viii) Training and medical monitoring. (b) Records shall be maintained for a minimum of three years. (10) Training (a) Treatment facilities involved in the handling of biomedical waste shall provide training to all employees involved in the handling of biomedical waste. Such training shall include, but not be limited to the following: (i) Identification and definition of all biomedical waste handled by the facility. (ii) An explanation of the facility's Plan of Operation that includes the requirements of this Chapter regarding handling, treatment, transport, storage, spill management and disposal of biomedical waste. (iii) Assignment of roles and responsibilities. (iv) Implementation of training when the Plan of Operation is developed and implemented, when new employees are hired and when management procedures change. (v) Continuing education shall be provided annually and shall refresh and maintain personnel awareness of potential hazards as well as reinforce policies and procedures detailed in the Plan of Operation. (vi) Blood home pathogen standards. (vii) Personal hygiene practices. Revision 2, 2/26/02 14 24.06.05 Permits (1) Any new, renewed or modified Permit shall be issued in accordance with WAC 173- 304 -600, Permit requirements for solid waste facilities. (2) A variance from this Chapter and WAC 173 -304 may be granted by the Director, pursuant to the requirements of WAC 173 -304 -700 Variances. (3) Solid Waste Handling Facilities, including only the following types, may be issued a 5 year Permit that expires on December 31 "of the 5`b year following permit issuance (a) Moderate Risk Waste Facilities (b) Transfer Stations (c) Recycling Facilities (d) Drop Box Facilities All other Permits shall expire on December 31 "of the year following permit issuance. 24.06.06 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 Solid Waste Handling Facility, the Director shall send notice to all property owners adjacent to the Solid Waste Handling Facility, to all tenants occupying property adjacent to the facility in such cases where the owner is not a resident and to any persons who have requested notification. (a) A public hearing shall be held for all new Solid Waste Handling 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 20 calendar days before a permit decision is made. This 20 day time period begins the day notice has been mailed to all adjacent landowners, tenants and other interested parties. (3) The Director shall publish a notice of all public hearings in the official county newspaper no fewer than 10 calendar days prior to the hearing date. (4) At all public hearings, oral and written public comment will be taken to assist the Director with a Permit decision. Revision 2, 2/26/02 15 (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 adjacent to the Solid Waste Handling Facility, to all tenants occupying property adjacent to the facility in such cases where the owner is not a resident and to any persons who have requested notification. (6) Copies of all Permit applications and all administrative notes, memos, and correspondence including public comments, regarding any existing or proposed Solid Waste Handling Facility shall be collected and maintained by the Director for public inspection or research. 24.06.07 Permit Modification by Director (1) The Director may modify a Permit after its issuance if necessary to make it conform to promulgation or revisions of applicable solid waste regulations or to respond to newly discovered information pertinent to the permitted activity. No additional fee or penalty shall be imposed. The Permit holder shall be notified of modifications made to the Permit after they are completed. 24.06.08 Permit Suspension (1) Any Permit issued pursuant to WCC 24.06 may be suspended by the Director when: (a) The Permit holder has violated the Washington State or Whatcom County Solid Waste regulations more than three times within the last five 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 Director's administration of the Permit. (2) When the Director finds that cause exists, as provided in WCC 24.06.08 (1) for Permit suspension, the continued operation of the Solid Waste Handling Facility may be conditioned upon: (a) Compliance with Corrective Actions specified by the Director. The Corrective Actions will be specified in an Notice issued pursuant to WCC 24.07 and designed to protect the public's 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 Solid Waste Handling Facility. All Notices shall be served in accordance with WCC 24.07.100. Revision 2, 2/26/02 16 24.06.09 Permit Revocation (1) Any Permit issued under WCC 24.06 may be revoked by the Director when: (a) Operations under the Permit have violated Washington State or Whatcom County Solid Waste Regulations and continued operation of the Solid Waste Handling Facility poses a hazard to public health and cannot be remedied by corrective action; or (b) The Permit holder has failed to comply with Corrective Action detailed in a Notice served pursuant to WCC 24.7.100. (2) The Permit revocation shall be effective upon service of a Notice upon the Permit holder, owner or operator of the Solid Waste Handling Facility. All Notices shall be served in accordance with WCC 24.07.100. 24.06.10 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 finds that the permit applicant has experienced a Permit suspension or revocation under WCC 24.06, or any other comparable regulations issued by a governmental entity of similar jurisdiction, any time within the three years immediately preceding the date of application. 24.06.11 Enforcement (1) When a owner, operator or person violates the provisions of this chapter, the Director or local prosecuting attorney's office, may initiate enforcement or disciplinary actions or any other legal proceedings authorized by law, including but not limited to any one or combination of the following: (a) Administrative Hearings convened at the request of the Director; (b) A Notice, issued pursuant to 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 24.06. 10 and WCC 24.06.11; Revision 2, 2/26/02 17 (d) Civil penalties as per WCC 24.07. 24.06.12 Appeals (1) An aggrieved party may appeal any Permit decision, including approval, modification, variance decision, denial, suspension or revocation in accordance with RCW 70.95.210. 24.06.13 Inspection (1) The Director shall have the authority to inspect any permitted facility, transporter, biomedical waste storage and/or treatment facility at any reasonable time for the purpose of evaluating compliance with the facility's written Plan of Operation and to determine if the facility is handling biomedical waste and/or solid waste in accordance with this Chapter. (2) The Director shall have the authority to inspect any site or facility to assure compliance with the provisions of this Chapter. 24.06.14 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. 24.06.15 Fees (1) All Solid Waste Handling Facilities or proposed Solid Waste Handling Facilities shall pay applicable fees as established by the Whatcom County Council in the Unified Fee Schedule. (2) Permit fees will not be refunded to owners or operators of facilities with suspended or revoked Permits. Revision 2, 2/26/02 18