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HomeMy WebLinkAboutord2002-061n en_wrnn orrr NO 2007 -191 G CLEARANCES Date Date Received in Council Once Agenda Date Assigned To Ong. Dept.'. County Council 10MI2002 2 C 2 � �t n E II-11 LI= OCT IS .�tV�r C 2 2 CYUG WHATCOM COUNTY COUNCIL 1022/2002 Full Council Division Heatl: Dept Heatl'. Prosecutor l4l29 aL Budget Executive: SUBJECT. Emergency Ord. Temporarily amending WCC 20.40 re: Mushroom Composting ATTACHMENTS SUMMARYSTATEMENT Related County Contract W: Should the Clerk schedule a hearing? (Y /)Y_ Requested Date'. 10222002 This ordinance makes an emergency temporary amendment to WCC 20.40 to further protect and enhance the general welfare of the public by specifically addressing potential nuisances within the conditional use criteria, to include but not be limited to nuisance level odors from mushroom composting facilities RECOMMENDED MOTION (for final action): COUNCIL ACTION TAKEN 10/22/2002: Adopted 7 -0, Ord. 2002 -061 Related File Numbers: Ordinance or Resolution Number (this item only): AB2002 -191- 02002 -61 Sponsored by: Consent Proposed by: Brenner Introduction date: October 22, 2002 ORDINANCE NO. 2002 -061 EMERGENCY ORDINANCE TEMPORARILY AMENDING WHATCOM COUNTY CODE 20.40, ESTABLISHING ADDITIONAL CRITERIA FOR SITING MUSHROOM COMPOSTING AS A CONDITIONAL USE WITHIN THE AGRICULTURAL ZONING DISTRICT WHEREAS, the general health and welfare of many citizens of Whatcom County have been negatively impacted by nuisance level odors from certain land uses, including mushroom composting; and WHEREAS, the existing conditional use criteria of Title 20 Whatcom County Code (WCC) appears inadequate to respond to certain nuisances and nuisance level odor impacts; and WHEREAS, scientific improvements in the control of nuisances such as odors from mushroom composting sites have occurred; and WHEREAS, certain scientific improvements, such as bio- filters, wet scrubbers, negative pressurized building(s), and aerated floors have been proven to be successful in eliminating nuisance level odors which emanate from mushroom composting facilities; and WHEREAS, increased setback requirements, combined with scientific improvements, have proven successful in further mitigating the impacts of otherwise nuisance level odors from mushroom composting facilities; and WHEREAS, the site requirements and regulations in British Columbia governing mushroom composting have become much more stringent in recent years; and WHEREAS, new mushroom composting facilities are now being considered in Whatcom County; and WHEREAS, Whatcom County Planning and Development staff report that inquiries have been received by them, including many from British Columbia, that mushroom composting facilities may be seeking siting within the County; and WHEREAS, the County has received a significant increase in complaints regarding nuisance odors emanating from mushroom composting facilities; and WHEREAS, the current Whatcom County Zoning Ordinance may not adequately address nuisance odors which have been found to emanate from mushroom composting, nor require control technologies such as bio - filters; and WHEREAS, the County Council desires to protect and enhance the general health and welfare of the public by specifically addressing potential nuisances within its conditional use criteria, to include but not be limited to nuisance level odors from mushroom composting facilities; and WHEREAS, additional criteria are necessary to more adequately respond to nuisance level odor impacts; and WHEREAS, RCW 36.70.790 and RCW 36.70.795 permits adoption of interim official controls as long as a public hearing is held within 60 days of adoption; and WHEREAS, RCW 36.70.795 requires the adoption of findings of fact which justify Council action; and WHEREAS, the above recitals are findings of fact of the Council; and WHEREAS, the Council hereby enters the following additional findings of fact: 1. This temporary amendment of Title 20 WCC is necessary to avoid imminent harm to the health and welfare of the public from nuisances and health impacts that may arise from the currently regulated conditional land use of mushroom composting. 2. Without the immediate imposition of additional interim official controls, nuisances and health impacts from mushroom composting facilities may cause irreparable harm to the welfare of the public. 3. The Whatcom County Council desires the opportunity to review existing code and regulation to permanently address these health and welfare concerns, without allowing for the vesting of new uses under the existing code in the interim. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code 20.40 is hereby amended as indicated in Exhibit A to this ordinance. BE IT FURTHER ORDAINED that if any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Council hereby declares that it would have passed this code and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases has been declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. BE IT FINALLY ORDAINED that this ordinance shall take effect immediately and shall expire on the 61st day following the date on which it becomes law APPROVED this 22 day of October, 2002. ATTEST Dana Brown- Davis, Clerk of the Counci APPROVED AS TO FORM: Civil D ty Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY WASHINGTON L. Ward Nelson, Courkil Chair ( Approved ( )Denied Pete Kremer, County Executive Date: 16' c! 5� Od� EXHIBIT A Section 1. Section 20.40.164 of the Whatcom County Code shall be amended to read as follows: (Strike existing .164 and replace with the following) .164 Commercial composting, excluding commercial mushroom composting, which satisfy the conditional use criteria of WCC 20.84.220; provided that, commercial composting shall take place se3)eJy -in areas zoned Agriculture, exclusive of the Agricultural Protection Overlay�Ane of Chapter 20.38 WCC. Commercial composting conditionally permitted "in accordance herewith shall not constitute a nuisance. Section 2. A new section shall be added to Chapter 20. 40 WCC to read as follows: 20.40.165 Mushroom composting (commercial and noncommercial). "Mushroom composting" includes the production.Or preparation of compost utilized in growing mushrooms. In addition to the condX%nal use criteria of WCC 20.84.220, each of the following criteria shall also be sAA'sfied by the applicant: (1) The activity shall take place solely in areas zoned for Agriculture, exclusive of the Agriculture Protection Overlay zone of chapter 20.38 WCC. (2) The application shall .include: a) Plans prepared and certified by a professional engineer whose field of expertise includes this specialty; and b) A facility management plan that includes monitoring; maintenanceFghp °reportin measures. Reporting requirements shall require `a periodic re 4W and evaluation of the facility prepared by,a,,professionalengineer in the field and include: i. Submission of the report to Whatcom County Planning & Development Services and Whatcom County Health & Human Services wliAh three months of commencement of operations, within three months after a material system or procedural revision, and annually, due three months; after the year end, for the latest calendar year; and ii. A description of the facility and operating procedures; and ill. A statement whether�,Yhe facility is operating as designed. (3) The facility must be located, designed, constructed, and operated such that: a) All compost shall be contained on an impermeable surface; and b) Drainage shall prevent podlingl, and any groundwater or surface water contamination; and c) Organic materials, except straw, shall be kept under covered storage; and d) All mixed organic ingredients', and straw that has been pre - wetted and nitrogenated, shall be transferred to an enclosed building on the same calendar day as mixing occurs; and e) All composting, after the organic materials are mixed, shall only take place in an enclosed building with the following or equivalent technology: i:... An aerated floor ii: Awet scrubber iii: A biofilter, or`equiyalent technology iv: Other system components,,including but not limited to the fan and monitoring system, as required by a qualified professional engineer., At minimum, these, systems must maintain a negative pressure differential between the inside and outside of the building, maintain an aerobic compost, and provide forthe collection and treatment of all air emissions and'leachates. The bioflter, or equivalenttechnology, shall provide sufficient operating integrity and contact time witn'the contaminants to reduce them to alevel that does 'not ,alter or impair the usefulness of the surrounding environment; f) All mushroom composting facilities and operations shall maintain the following setbacks: i. 500' from adjoining parcels other than those described in (3)fJlk below; and ii. 100' from a watercourse or well; and iii. 2640'6 om adjoining parcels in any of the following zoning classifications: Urban. Residential, Rural Residential, Residential Island, Rural, Rural Forestry, Commercial, Gateway Industrial, Light Impact Industrial, Point Roberts Special =.District, Point Roberts Transitional (4) There shall be compliance with ordinances and laws regulating solid waste facilities and sites including without limitation, WCC Title 24, the Whatcom County SEPA:- Ordinance, and all applicable state and federal regulations. (5) A permanent security deposit in the form of cash, bond, letter of credit, or assignment of savings, may,pe, required as a. condition of the permit in the discretion the hearing examiner, for so long as mushroom composting exists on site. If following a public hearing the hearing: examiner determines . that the facility is operating in violation of the conditional use permit requirements, and the owner or operator does not cure the violation within 30 days�of receipt of such notice, the security deposit shall 66applied to remedy the non - compliance in the most expedient and effective manner. Section 3. The text of WCC 20.40:159 (as adopted in Ordinance 2002 -033) shall be amended to read as follows: Transitory solid waste facilities for treatment, storage, or collection, including, but not limited to: recycle centers and drop boxes for household materials excluding large items such as automobiles or major appliances; noncommercial composting and mulching facilities, except for all mushroom,composting4facilities; and including but not limited to the types of facilities operated by neighborhood or public service organizations. Section 4. The text of WCC 20.40.051 shall be amended to read as follows: Dairying, raising of livestock, husbandry of small animals, raising of crops, and horticulture, exceptfgr mushro composting,; apiculture, and temporary portable equipment used for processing of locally harvested crops. Section 5. The text of WCC 20.40.108 shall be amended as follows: Composting and mulching facilities other than tea. mushroom composting facilities, if the use is ancillary to the primary agriculture use, when in compliance with federal and state water quality standards. Mushroom composting as an accessory us" hall only be permitted when in compliance with federal and state water q�Aalit .Wan " `s and whenfnducted in compliance with WCC 20.40.165..