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HomeMy WebLinkAboutord2000-003WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2000 - 24 CLEARANCES Dare Ogre Received in Council Office Agenda Dare Assigned To Orig. Dept.: County Council 1/1012000 \1'/ L `\n E D JAN 10 Y000 WHATCOM COUNTY COUNCIL 1/112000 Introduction Division Head Dept. Head: Prosecutor: Budget Executive: SUBJECT.' Ordinance amend WCC 24.06, solid waste disposal, limits on infectious waste ATTACHMENTS Ordinance SUMMARY STATEMENT: Related County Contract k: Should the Clerk schedule a nearing? (YM Y Requested Date: Ia5a000 This ordinance would limit the aceeptance of infectious waste at local commercial treatment facilities to 0.3% of Whatcwm County's solid waste stream. RECOMMENDED MOTION ((or final action): COUNCIL ACTION TAKEN: 2000-24 1/11/20O0: Introduced 125/2000: Amended and adopted 7 -0, Ord. II2000 -003 Related File Numbers: Ordinance or Resolution Number (this item only): URD.+�' 2000 -003 1 1ASHARED \0RD \2000Unfectious waste ord.doc PROPOSED BY: Brenner. Kremen 2 SPONSORED BY: Brenner Dawsop, H 3 Crawford Nelson McShane 4 INTRODUCTION DATE: 1 /11/2000 5 6 7 ORDINANCE NO. 2000 -003 8 9 AMENDING WHATCOM COUNTY -CODE 24.06, SOLID WASTE DISPOSAL 10 STANDARDS, IMPOSING LIMITS ON ACCEPTANCE OF INFECTIOUS WASTE 11 12 WHEREAS, it is documented that infectious waste workers at a 13 Washington State regional infectious waste treatment facility have 14 contracted tuberculosis through their handling of infectious waste; and 15 16 WHEREAS, it is documented -that the only local facility treating large - 17 scale amounts of infectious waste at the time of the drafting of this 18 ordinance has been cited and fined by the Department of Labor and 19 Industries for "serious" infectious waste handling violations which directly 20 exposed its workers to infectious waste; and 21 22 WHEREAS, the Washington State Department of Health, the 23 Department of Ecology, the Department of Labor and Industries, and the 24 Utilities and Transportation Commission have issued a position paper that 25 "the general public may indirectly face infection risk from contact with 26 workers who have been infected while working at commercial biomedical 27 waste treatment facilities and became contagious "; and 28 29 WHEREAS, these four state agencies also report that "the most 30 significant problem to workers health results from the aggregation of 31 biomedical waste at commercial treatment facilities "; and 32 Page 1 I WHEREAS, these four state agencies also report "there are limited 2 local staff resources and expertise to address infectious disease related 3 issues associated with these facilities "; and 4 5 WHEREAS, the Washington State Department of Health has publicly 6 stated that to date, no epidemiological studies have been done to determine 7 the extent of infectious disease transmission from infectious waste to the 8 general public; and 9 10 WHEREAS, there is no proof that the public interest being served by 11 Whatcom County being a large -scale repository for infectious waste 12 outweighs the risks to the community; and 13 14 WHEREAS, infectious waste comprises only 15% of the regulated 15 medical waste stream; and 16 17 WHEREAS, infectious waste comprises less than 0.3% of the general 18 solid waste stream; and 19 20 WHEREAS, limits on the amount of infectious waste which can be 21 accepted will encourage generators to eliminate the co- mingling of 22 infectious waste with non - infectious, regulated medical waste; and 23 24 NOW, THEREFORE, BE IT ORDAINED that Whatcom County Code 25 24.06 is amended as indicated in Exhibit A to this ordinance. 26 27 BE IT FURTHER ORDAINED that penalties for any violations of this 28 ordinance shall be at least $5,000.00 for the first violation; $25,000.00 for 29 the second violation and loss of permit for the third violation. However, the 30 County retains the right to revoke a permit at any time for willful or 31 egregious violations. The County Administration, working with the 32 Washington State Utilities and Transportation Commission, shall be Page 2 1 authorized to direct any certificated hauler to cease use of a facility found to 2 be in violation of this ordinance. 3 4 BE IT FURTHER ORDAINED that no limits are set within this ordinance 5 on non - infectious, regulated medical waste. However, existing laws prevent 6 the inclusion of radioactive, chemotherapeutic, and other hazardous, non - 7 infectious, regulated medical waste. 8 9 — - BE IT FURTHER ORDAINED that this ordinance shall not be 10 enforceable until it is determined to be constitutional by a court of law. 11 12 BE IT FINALLY ORDAINED if any provision of application of this 13 ordinance is held invalid, the remainder of the ordinance is not affected. 14 15 ADOPTED this 25`" day of January , 2000. 16 17 18 WHATCOM COUNTY COUNCIL 19 WHATCOM COUNTY, 20 21 4u�Jrif1� A7 (c A:Ie � 22 Dana Brown- Davis, Clerk of the Council Marlene Dawson, Council Chair 23 24 APPROVED AS TO FORM: (Jj Approved - () Denied 25 26 27 28 Civil Deputy Prosecutor Pete Kremer, County Executive 29 Date: n% / 00 30 EXHIBIT A Section I: Definitions - In addition to the definitions adopted by reference from WAC 173 - 304 -100, the following general definitions shall apply: "Infectious waste" means regulated medical waste which poses a risk of infection, including, but not limited to: a. Contaminated laboratory wastes 1. Human or animal specimen cultures from medical and pathology laboratories. 2sagukures and stocks of infectious agents from clinical, research, and industrial laboratories. (CDC Biohazard Levels I, II and III) 3. Wastes from production of bacteria, viruses, spores, discarded vaccines, and biologicals from healthcare or research, and contaminated dishes, or contaminated devices used to transfer, inoculate, and mix cultures. b. Human surgical specimens, tissues, organs, placentas, and limbs (pathology waste only, exclusive of preservative agents) C. Fluid blood, fluid blood products, or body fluids, and containers, egofpment, or articles contaminated with fluid blood, blood products, or body fluids. d. Regulated medical waste contaminated with excretions, exudate secretions, or body fluids including, but not limited to, isolation waste, or other regulated medical waste as determined by the infection control staff, physician, veterinarian, or local health officer to be isolated and handled as such. e. Contaminated sharps waste, including, but not limited to: 1. Used or contaminated suture needles , hypodermic needles, syringes, needles with attached tubing, scalpel and razor blades, dental wires, disposable surgical instruments, and electrosurgical needles or blades. 2. Used or contaminated medical or laboratory glassware such as slides, pipettes, . blood tubes, vials, bottles, broken or unbroken glass articles which could be broken during handling and transportation thus rendering them contaminated sharps waste. 3. Potentially infectious contaminated international waste from ocean liners, ships, and planes. 4. This ordinance does not include regulated medical waste which is incapable of posing a risk of infection, referred to herein as non - infectious medical waste, and no limits are set within this ordinance on non - infectious medical waste. f. All non - infectious medical waste which has co- mingled or otherwise been contaminated with infectious waste. g. For purposes of this ordinance, residential waste is not defined as "infectious waste ". "Contaminated" means all regulated medical waste which has likely come in contact with material capable of producing infection. "Whatcom County's solid waste stream" means the amount of mixed, unseparated solid waste from residential, commercial, institutional, and industrial sources that is generated within Whatcom County, and delivered for disposal to a permitted disposal facility within Whatcom County. This does not include waste delivered for disposal to private industrial landfills, or to construction /demolition landfills. "Infectious waste treatment" means the decontamination of infectious waste by methods approved by state statutes and the local health department. "Regulated medical waste" means medical waste generated by medical or research facilities including, but not limited to, hospitals, laboratories, and clinics, and subject to Federal, State or local statutes, which may include infectious waste and non - infectious, regulated medical waste. Also called biomedical, biohazardous, or red bag waste. "Non- infectious medical waste" means regulated medical waste generated by medical and research facilities including, but not limited to, hospitals, laboratories, and clinics, which is incapable of producing infection. "Violation" means an amount of infectious waste accepted at any commercial treatment facility within Whatcom County which exceeds the 0.3% limit imposed on a monthly basis. "Generators" means medical or research facilities including hospitals, laboratories, and clinics, which produce infectious waste. "Transfer station" means a facility used for short-term storage of up to 72 hours and reloading of infectious waste and /or other wastes to be transported to a different location for treatment an /or disposal. - "Local" means within Whatcom County Section II: Limits - Acceptance of infectious waste shall be limited at commercial treatment facilities to 0.3% of Whatcom County's solid waste stream. Limits shall be maintained on a monthly basis based on the previous year's annual solid waste amount divided by 12. Commercial treatment facilities will report the amount of infectious waste accepted during the previous month to the Whatcom County Health and Human Services Department no later than the 15' of each month. Section III: Citizen Suits - Citizen suits may be commenced only if enforcement has not created compliance with this ordinance within the timeframes stipulated in sections (2) (a) and (2) (b) of the citizen suits provision. (1) Except as provided in subsection (2) of this section, any citizen may commence a civil action on his or her own behalf - (a) Against any person, including Whatcom County, who is alleged to be in violation of any requirement or prohibition under this chapter or an order issued by the County Health Officer with respect to this chapter, or (b) Against the County Health Officer where there is alleged a failure of such officer to perform any act or duty under this chapter which is not discretionary with the officer. An action under subsection (1) of this section shall be brought in Whatcom County Superior Court. (2) No action may be commenced - (a) Under subsection (1) (a) or (b) of this section (i) Prior to 30 days after the plaintiff has given notice of the alleged violation to the County Health Officer and to any alleged violator of the requirement, prohibition or order, or (ii) If the County Health Officer has commenced and is . diligently pursuing a civil action in a court to require compliance with this chapter; but, in any action brought under this chapter, any citizen may intervene as a matter of right. (b) Under subsection. (1) (b) of this section prior to 70 days after the plaintiff has given notice of such action to the County Health Officer. (3) The court, in issuing any final order in any action brought pursuant to this section, may award costs of litigation (including reasonable attorney and expert witness fees), and may assess fines against any violator of the requirements of this chapter. (4) Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek any relief regarding disposal of infectious waste (including relief against the County Health Officer).