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HomeMy WebLinkAboutord2000-021WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2000 -194 CLEARANCES Initial Date Dare Received in CouncBOJf Agenda Date Assignedlo: gin NO r: Haden Dawson, Chair, Board ofHeaBN � _ 1 11 n- r- -- MAY 09 2000 WHA7COM COUNTY, COUi G °�L 5/16/00 Introduction Orvumn Head. Regina Delihum, Manger EH S J /30/00 Hearin Dept Head: Charles R. Benpmin, Director HHS 544 Banda R.,wau wain, chi /ctaR Pmseaumr 5 on PurchastngBadgea lhWeudve: Pew Krcmea, CousgyEttcuuve 9 SUBJECT: Ordinance proposing revisions to Whatcom County Code 24.06, Solid Waste Rules ATTACHMENTS: • Summary r • WCC 24.06 with proposed revisions • Current WCC 24.06 Related County Contract #: Should Clerk schedule a hearing: NO / / YES / X / Requested Date: 5130100 CUMMARYSTATEMENT: The Health Board approved the Medical Waste Task Force Recommendations for biomedical waste processing in Whatcom County. The attached Draft WCC 24.06 codifies these Recommendations. Additionally, significant changes in formatting, clarification and revision of existing language to assure consistency with State Regulations are also proposed. Distribution Indicate Nose who should receive List specific names to the right. Request a copy after Council action. ADS Facilities Management ADSFNanre ADSHuman Resourres ADSII services Assessor Auditor Cooperative Errenslon District Court Executive Health Chades Benjamin Hearing Examiner Jail Juvenile Parks Planning COUNCIL ACTION TAKEN: 2000 -194 5116/2000: Introduced 513012000: Adopted 5 -1, BRenner opposed, Hoag absent, Ord. #2000 -021 Re Prosecutor Public Works Sheri 91Prour Court Treasurer (Rher Ordinance or Reso[ut,4 Number (this item): .- `�� AGOM CO WHATCOM COUNTY rP `tiA HEALTH & HUMAN SERVICES 3 ` P.O. Box 935 Bellingham, WA 98227-0935 h- 2 9`SNINGZO ADMINISTMTNTY 1361676 -6720 384 1528 CMUNAMICAmE DISEASE REINNMNG LINE (360) 238 -2503 CHILDREN MEN SPKUL NEAETN CUE NEEDS 1360173&2522 384L57a CO VNEVBIt DISEASE IMNIMUNTIONS (3601738 -2506 384.1336 VVIE"MENTu DPARIUnES (360) 6766829 39 &1310 9RONMEMU HEALTH (360) 676 3841565 MATERNALnNEAM (360) 6472319 3804017 MINED HEALTH 13616766029 39&(310 srolAIDSMW 0616764593 384 -5848 SI NANCE ABUSE LOSE) 6766829 39 &1310 TMVELCUNIC OW) 676-4593 384 -5848 NLLL"cows 13601676 -6730 3644328 MCCLINO ONO) 7362505 384 -1633 MEMORANDUM CHARLES R. BENJAMIN Director GREG STERN, M.D. Health Olfi<er To: Pete Kremen, County Executive From: Charles R. Benjamin, Director of Public Health Date: May 5, 2000 Subject: Proposed Revisions to Whatcom County Code 24.06 Solid Waste Rules Attached, please find proposed revisions to Whatcom County Code 24.06 Solid Waste Rules. I request that you forward these to County Council for inclusion on the May 16, 2000 Council Agenda. The attached draft of WCC 24.06 is a major revision to the existing code. The entire Chapter has been reformatted so including a "redline" version is not possible. The existing County Solid Waste Regulation is included in the packet for reference and comparison. A draft was presented to the Public Health Advisory Board (PHAB), the County's Solid Waste Advisory Committee (SWAC) and the Health Board at their April 25, 2000 meeting. Their comments and suggestions were incorporated were appropriate. The attached Summary details the major revisions to the Code. COMMUNITY HEALTH CENTER WHATCOM HEALTH CENTER HUMAN SERVICES CENTER 509 OIrvd Sl t 15M NMM1 NOR, Slrcet 1 NO Norh Fareµ Street FAX (360)676 7646 FAX 0601676 6729 FAX 13 601 738 -24 90 tGOM CO WHATCOM COUNTY 3ry `�i CHARLES R. BENJAMIN HEALTH & HUMAN SERVICES Director P.O. Box 935 GREG STERN, M.D. Bellingham, WA 98227 -0935 % � gsBFHC <° Health Officer MEMORANDUM To: County Council Members ADMMISTMVION From: Regina Delahunt p6,30,4- 152820 Environmental Health Manager coMMU+IUeIE DISUeE RERORTiNG DNF Date: May 16, 2000 o6°I 738.2503 CHIIDRM Mar" SPECML Re: Summary of Proposed Changes HEALTH NEEDS OW) 7382522 Whatcom County Code 24.06 Solid Waste Rules 3Md574 CO w U wIFCS DISEASE The attached draft of WCC 24.06 is a major revision to the existing code. The OW) 738,2508 entire Chapter has been reformatted so including a "redline" version is not 384 1336 possible. The existing County Solid Waste Regulation is included in the ° ,;'lll packet for reference and comparison. OW) 67&6829 398 -1310 - A draft was presented to the Public Health Advisory Board (PHAB) and MR(60)6766724 06016)6 6Z1I discussed at their March 14, 2000 meeting. They recommended approval of 3M9565 the draft with the following amendments: IMTFRNY/IN6Wr Owl 6<1.2329 3W 4017 • Biosafety Level 4 Waste should not be accepted in Whatcom County. MFNEA "EDT" • Include language that requires treatment, prior to transport off site, of OW) 338 X36019 cultures of highly infectious agents such as tuberculosis present in Biosafety Level 2 labs. IDiuD»Hv 0601 676 4593 3M-5848 The PHAB comments are incorporated in the attached draft. SUBSTANCE MUSE 11�+a+3+o39 The draft was reviewed by the County's Solid Waste Advisory Committee 7RAWL MNIC (S WAC). They recommended approval of the draft. The SWAC also (360)6. 93 1845846 suggested some minor wording changes. These have been incorporated where appropriate. WAL RECORDS 136016766720 3M -1520 Additionally, the draft was reviewed by the Health Board at their April 25, 3MCCUNIC 2000 meeting. They recommended approval with the inclusion of the B 3416]] 8730-2305 8 following language to Section 24.06.04 (2) (d) General Requirements • 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. COMMUNITY HEALTH CENTER wHATCOM HEALTH CENTER HUMAN SERVICES CENTER 509 Gram steel FAX OW) 6767646 I 5 Nor(8 Stag St e1 1000 Non, Forest SOret FAX 13601676.6729 rAX 0 01 738 2490 Below, I have summarized the major points of this regulatory change. Biomedical Waste A new Biomedical Waste section has been added to the Code pursuant to the Medical Waste Task Force Recommendations. These changes are reflected in the Definition Section and also in a new Biomedical Waste Section, WCC 24.06.04. A Work Group was formed to review a preliminary draft of the Biomedical Waste Section. Their comments were incorporated where appropriate. Biosolid s The Department of Ecology (DOE) has adopted a State biosolids regulation, WAC- 173 -308 - Biosolids Management Rule. As a result of this regulation adoption, biosolids are no longer considered a solid waste. Therefore, all references to biosolids, e.g. sewage sludge, have been deleted from WCC 24.06. A Memorandum of Agreement between HHS and DOE exists to assure biosolids are managed in accordance with WAC 173 -308 in Whatcom County. WCC 24.06.030 (A) (3) through WCC 24.06.030 (B) (8) inclusive are deleted. Public Hearing The process for Public Hearings has been revised. Public Hearings will still be held for all new facility applications, but public hearings will only be held for existing facility Permit renewals, modifications or variance requests if a request for a hearing is received. Notification of receipt of Permit applications, renewals, modifications or variance requests will still be sent to all adjacent property owners and to any person that has requested notification. This change is reflected in the new WCC 24.06.06. Permits HHS has historically issued an annual Solid Waste Permit. Pursuant to recent changes to RCW 70.955 the local health department has the option of issuing a 5 year Solid Waste Permit. We propose allowing the issuance of a 5 year permit for some types of facilities. This change is the result of limited public interest and involvement in the permit renewal process for these types of facilities. This change is reflected in the new WCC 24.06.05. Aooeals During a recent review by the Hearing Examiner of an appeal of a Solid Waste Permit Revocation, it was discovered that a conflict exists between the appeals process for Solid Waste Permits in the RCW and that detailed in WCC 24.06. The Hearing Examiner concluded that the RCW detailed the applicable appeals process. Therefore, appeals of Solid Waste Permit decisions will be held in accordance with existing RCW's. This change is reflected in the new WCC 24.06.12. Enforcement The existing code does not contain an Enforcement Section. We have added an Enforcement Section that incorporates and references the applicable components of the existing WCC 24.07 Administrative Notice Proceedings, Civil Penalties and Abatement. This change is reflected in the new WCC 24.06.11. dootlon by referen Washington State Regulations for Municipal Landfills (WAC 173 -351) have been adopted by reference. When WCC 24.06 was developed, WAC 173 -351 did not exist. Adoption of this rule will assure any future municipal solid waste landfills meet all Washington State criteria. This change is reflected in the new WCC 24.06.02 (2). SPONSORED BY: HH5 -. PROPOSED BY: HHS INTRODUCTION DATE: 5/16/0 ORDINANCE NO, 2000 -021 REVISIONS TO WCC 24.06 SOLID WASTE RULES WHERE AS, the Whatcom County Health Board approved the Medical Waste Task Force Recommendations for biomedical waste processing in Whatcom County; WHERE AS, regulatory changes are necessary to implement the Recommendations; WHERE AS, clarification and revisions to sections in the existing County Code regarding biosolids, permitting, public hearings, appeals and the enforcement proc6ss are needed; NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that revisions to existing Whatcom County Solid Waste Rules are being proposed as outlined in Exhibit A to this Ordinance. ADOPTED this 30 day of May , 2000. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown - Davis, Clerk of the Council APPROVED AS TO FORM: Civil eputy Pros tor Marlene Dawson, Council Chair Qh Approved ( ) Denied U ete Kremen, County Executive Administration 24.06.01 Authority and Purpose 24.06.02 Adoption by Reference 24.06.03 Definitions Revision 4, 05/01/00 Specific Requirements 24.06.04 Biomedical Waste 24.06.05 Permits 24.06.06 Notifications, Public Hearings, Application Revi 24.06.07 Permit Modification 24.06.08 Permit Suspension 24.06.09 Permit Revocation 24.06.10 Permit Eligibility Enforceme 24.06.11 Enforce 24.06.12 Appeals 24.06.13 Inspectio 24.06.14 Severabil Fees 24.06.15 Fees Revision 4, 05/01/00 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. 24.06.03 Definitions (1) In addition to theoWnitions 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 Centers for Disease Control, National Institutes of Health, Biosafety in Microbiological and Biomedical Laboratories, current edition. Revision 4, 05/01/00 "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 blood components, and materials containing frea products. , "Sharps been ✓✓ante hum, dw ood and owm blood and blood sy materials, tissues, r-0 UnrproczProcedures, and an Ases, remains, r cremation. ;s with needles attached, blades, and lancets that have "Biomedical was ner m any producer of biomedical waste to include without limitafio ng ategories: general acute care hospitals, skilled nursing facility o cent hospitals, intermediate care facilities, in- patient care facilities for the entally disabled, chronic dialysis clinics, community clinics, health m enance 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 cue 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 burnedi are representative of microorganisms assigned to Biosafety Level 3 by the CDC, National Institutes of Health, Biosafety in Microbiological and Biomedical Laboratories, current edition. Revision 4,05/01/00 '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 ❑ maximum capacity greater than 450 L (119 gallons) as a receptacle fur a solid. cnt and dccomumination solutions to disinfect are transported, treated, preventive and/or control actions are regulations, or company policy. "Critical Control ans an operation at which a preventive or control measure can l exercised 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. "Handling" means the direct physical management of biomedical waste. Revision 4, 05101100 "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 treahncnt 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 Fac' 3 "Person" means ivi an, company, corporation, partnership, assn - a n, s o , co ion, political subdivision of a state, an interstate body o ^ fede o ent or an agency of the federal government. "Personnel" mea • s w o work at or oversee the operations of a facility involved in biom rt olid waste handling. "Respiratory Isol n 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 recovery and recycling of materials from solid wastes, the recovery of energy Revision 4, 05/01/00 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 transp i f solid waste by air, rail, highway or water. "Treatment" means any method, technique or process de ge the biological character or composition of biomedical wast non - infectious. (2) General Requir nts. (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). (d) 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 Revision 4, 05/01/00 (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. 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 Revision 4,05/01/00 1 1 0 )1) .& g.,.' .mi ..Lip. (4) Sharps (a) No person sh r mffntain a sharps collection station unless the facility meets all of [ g requirements: (i) The collet 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. (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). Revision 4, 05/01/00 (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 Wbatcom County unless the following requirements are met: (i) Vehicles used for transport shall be registered with the Di i.ector. The following are required: (A) Registration documentation shall be subinilted on Corms pnwided by the Director. (B) Registration shall include the o ' er -and;q erator's lull name and address and vehicle idXAkf catiogq (C) rtion that in accordance with (ii) The vehicMed jiffiriM biomedical waste must meet all of the (A) The a vehicle where the biomedical waste is contained shall be co 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 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 we 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 Revision 4, 05101100 visible "biohazard" symbol. Non -sharp biomedical waste must be sealed in a red plastic bag labeled with the words "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 permitte 'to accept biomedical waste. (i) Biomedical waste shall not be stored more than I ff -site location, except at a facility permitted to treat be. (ii) Biomedical waste shall be segregated and�ts p ly from other solid wastes. �4= (6) Treatment (a) Prior to disp i olid a ,biomedical waste must be effective) a ore - ing methods which will change the composi ' as the smitting infectious disease: (i) Incinerati "rea b iner ation shall consist of incineration in a incinerator that provides complete o cazbonized or mineralized ash. (ii) Steam Ste n. Treatment by steam sterilization shall subject all the waste to mbination 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 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. Revision 4, 05101100 10 (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 e 1 waste that has not been contained, handled, transported or treated in th the requirements of this chapter. (d) Permitted facilities shall operate in accordance wit ration approved by the Director prior to operation. The Plan o e sha lode, but not be limited to: (1) Complete process cription (A) Maxim of e d tored (B) Wast d ng o r ores (C) Was r c s th mployee exposure (D)Wast essi nt d s and diagrams (E) Reus ont di ctio edmes (F) Emer pr (G) Equi t to pr ores (H) Effie or esting (I) Empl lamination procedures (ii) Facility Operatio d maintenance procedures (iv) Inspection and monitoring procedures (v) Employee Health & Safety (A) Training (B) Medical monitoring (1) 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 (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 Revision 4, 05/01/00 I1 (ii) 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. (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. The Director shall assure implementation of any corrective action. Revision 4, 05/01/00 12 proof protective hield, or other )hysIWIcan up of biomedical waste. The capable of being disinfected or disposed of in provisions of this chapter as biomedical waste. (iii) Employ ear protective clothing during spill management and practice p ygiene 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. (e) The Director shall be immediately notified when a spill occurs in transit within whatcom County. Revision 4, 05/01/00 13 (9) Record Keeping (a) All transporters and treatment facilities that handle biomedical waste shall maintain the following records: (b) Records (10) Training years. (a) Treatment fa vedin the handling of biomedical waste shall provide training to al s involved in the handling of biomedical waste. Such framing shall , 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 bome pathogen standards. (vii) Personal hygiene practices. Revision 4,05/01/00 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 5 year Permit that expires on December 31"of the (a) Moderate Risk Waste Facilities (b) Transfer Stations (c) Recycling Facilities (d) Drop Box Facilities All other Permits sl 24.06.06 Notifications, (1) Upon receipt m Permit modifica Director shall st Facility, to all tt the owner is not be issued a lit issuance issuance. w 't application, Permit renewal application, e st for a Solid Waste Handling Facility, the all operty owners adjacent to the Solid Waste Handling ying property adjacent to the facility in such cases where 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. (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, Revision 4, 05/01/00 15 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. AA 24.06.07 Permit Modification by Director (a) The Permit h late Washington State or Whatcom County Solid Waste regula an ee times within the last five years; or (b) The Permit h owingly, or with reason to know, made a false statement or an omission aterial 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 4, 05/01/00 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 Pennit 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 corrective action; or Add 24.06.10 Permit (1) Whenever a Pern=suspiW Evokt ctor may deny the application for a Permit rene (2) The Director ma lic for a Permit if it finds that the permit applicant has experienced en on or revocation under WCC 24.06, or any other comparable regu ed by a govemtnental entity of similar jurisdiction, any time within the t s 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; (d) Civil penalties as per WCC 24.07. Revision 4, 05/01/00 17 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 24.06.14 Severability (1) Should any secti bs aph, sentence, clause or phrase of this regulation be de tit 1 or invalid for any reason, such decision shall not affect the val em ring 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 Pennits. Revision 4, 05/01/00 18 Whatcom County Code Chapter 24.06 SOLID WASTE RULES AND REGULATIONS - STANDARDS AND PERMITS Sections: 24.06.010 Authority. 24.06.020 Definitions. 24.06.030 Solid waste disposal standards. 24.06.040 Permit application preliminary procedure. 24.06.050. Procedure for approval of permit applications for solid waste facilities and variances- 24.06.060 Appeal of final decision; appeal procedure and review. 24.06.070 Permit expiration. 24.06.080 Permit renewals. 24.06.090 Suspension and modification of permits. 24.06.100 Hearing and appeals (including to the Pollution Control Board). 24.06.110 Recordkeeping. 24.06.120 Special regulations. 24.06.130 Sevembility. 24.06.010 Authority. Pursuant to RCW 70.95.160 and WAC 173- 304 -010, the following regulations are adopted for the proper handling of solid waste in Whatcom County and its incorporated cities. (Ord. 90 -10 Exh. A (Pan); Ord. 89 -24 (part)). 24.06.020 Definitions. In addition to the definitions adopted by refer- ence from WAC 173 - 304 -100, the following gen- eral definitions shall apply: "Board of health" means the Whatcom County council. "Health officer" means health officer of the Whatcom County health departrnent or the health officer's authorized representative. (Ord. 90 -10 Exh. A (par); Ord. 89 -24 (par)). 24.06.030 Solid waste disposal standards. A. General Provisions. 1. State Standards. Minimum Functional Standards for Solid Waste Handling WAC 173- 304 -015 through 173 - 304 -9901, effective Novem- ber 1985, and as hereafter amended arc adopted by reference. 2. Local Standards - Purpose and Intent. The following local standards are adopted under the authority of RCW 70.95.160 for the purpose of 24.06.030 clarifying inconsistencies which exist in refer- enced standards and to establish certain local stan- dards which are more restrictive than the state standards. Local enforcement shall be based upon the more restrictive standards, and shall incorpo- rate the guidelines promulgated by the county's comprehensive solid waste plan as appropriate. 3. Composted Municipal Sewage Sludge. Subject to 40 CFR Part 503.10(c)(2) or any parallel state regulation implementing an EPA approved sludge management program relating to bulk land application, this chapter shall not apply to monici- pal sewage sludge/biosolids composted in comph- ance with the registration requirements of WCC 24.09.060(0) and all other applicable federal and/or state regulations and permit conditions. B. Standards for Utilization of Sewage Sludge as Fertilizer. 1. State Documents Adopted by Reference. Municipal and Domestic Sludge Utilization Guide- lines, Department of Ecology WDOE 82 -11, effec- tive October, 1982, and Best Management Practices. for Use of Municipal Sewage Sludge WDOE 82 -12, effective September, 1982, and as hereafter amended are adopted by reference. 2. Sludge Utilization Sites - Geographic Limit. Each sludge utilization site permit shall be limited to a single parcel or contiguous parcels of land with a single owner, asingle lessee, if any, and a single applicant. Contiguous parcels which have MO or more owners, lessees or applicants shall be treated as separate sites requiring separate permits. Noncontiguous patrols of land with a single owner, lessee or applicant shall be treated as separated sites requiring separate permits. 3. Setbacks. Setbacks from surface water shall be measured from the top of any visible sharply demarcated batik, or the inner bank of any flood control dike, whichever is farthest inland. In the absence of a sharply demarcated bank or inner bank of a food control dike, setbacks from rivers and streams shall be measured from the water's edge, if present, or any apparent high water mark, whichever is farthest inland. Setbacks shall be measured from the center of the course if no high water mark is discernible, and no water is present. Setbacks from tidewater shall be from extreme high tide. Setbacks from ponds and lakes shall be measured from the high water mark. The following Setbacks shall be observed when spreading sludge on land: Stream, no water present 50 ft. Rivers, lakes, tidewater, streams 200 ft s. I 24.06.030 Nonirrigation wells, potable water supply wells, and springs 200 ft Irrigation wells not utilized for domestic purposes 100 ft Property lines 25 ft. Property lines between contiguous parcels simultaneously licensed 0 ft. Houses on adjacent property 300 ft. The health officer may require marking of set- back lines prior to spreading with a minimum of one marker at each comer of the property or each 300 feet along straight lines, or 150 feet on curved lines. 4. Access Control. Sludge utilization sites on private property shall be posted "CAUTION - SLUDGE UTILIZATION SITE, at a uvnimnm interval of 300 feet on all property lines which are bordering public, roads, rivers, or other public Property which might provide access by the gen- eral public. Such signs shall remain in place for three months from the date of the beginning. of sludge application, unless the: sludge has been treated by a method in WDOE 82 -12, Appendix B. 5. Maximum Concentration of Cadmium in the Soil a. Spreading of sludge, with a cadmium content sufficient to incresSe.aggregate concentra- tion in the soil by over 0.45 IbJacre (OS kghect- are) during any consecutive 12- month period is Prohibited on all land except licensed solid waste disposal landfills and forestry areas, or soil recla- mation areas. Sludge utilization in. these areas is controlled by Section 3; "Sludge Application to Forest Lands, Best Management Practices; WDOE 82 -12." b. Spreading of sludge with a cadmium concentration sufficient to result in a final concen- tration in the soil in excess of 4.5 lb./ m (5 kg /bmtare) to an eight -inch depth is prohibited on all land except licensed solid waste disposal land- fills. 6. Management of Sludge Spreading on Land to be Used for Food, Chain Crops, Including Animal Feed and Forage. a. Definition. All land which has been used for production of any crops used for human or animal feed, including forage, during -any one: I the previous five .years shall be considered to be land which must meet sludge spreading standards applied to food chain crop land, except that land being converted to developments other than fawn- ing or residential, e.g., golf course, parks, and/or Shopping centers, shall not be classed as land for food chain crops irrespective of the history of pre- vious food production. b- Determination of the Background Concentration of Soil Constituents and PH at the Proposed Site of Sludge Spreading. i. Sites shall be divided into testing areas or units based upon soil types as delineated on the most recently available U.S. Soil Conserva- tion Service soil survey maps and the crop history for the previous growing season. A test unit area is 5:;? Whatcom County Code defined as a single area within any site which has a single soil type and which produced a single type of crop during the previous growing season. Any site which has more than one soil type or which produced more than one type of crop during the previous growing season will be divided into as many test unit areas as necessary to achieve test unit areas with a single soil type and a single crop during the previous growing season. u. At least 12 com samples of soil shall be collected at separate locations distributed over each testing unit area Core samples shall be Of uniform volume taken to a depth of six to eight inches. All core samples from a single test unit area shall be mixed to provide a composite test sample representative of the Soil from the test unit ones. iii. Soil test samples shall - be col- lected by an agent who has been approved by the health department. 11 r.. - . iv. Testing shall be performed by a laboratory approved by the health department. Approved laboratories include the Oregon State University Laboratory, the University of Idaho Laboratory and private laboratories which partici- pate in the Washington State University soil testing reference sample_pmgram. . ' ::r'Initial testing of the soil shall include the following: pH. CEC, soil phosphorous, soil potassium, total cadmium, lead,' copper, zinc, nickel and arsenic. Repeat testing sliallbe Required for each subsequent annual permit; •however, test- ing for metals other than cadmium will not be required if the history of sludge Analysis for pmvi- ous years is known, andr dmams of metahsotlmer than cadmium Am less than half the limits shown in WDOE 82- 12, Table R. c. Determination of Composition of Sludgy _.... . i. Minimum Test Required. The fol- lowing tests are the minimum required. All tests shall be by methods specified in WDOE 52 -12, with results reported on dry weight basis; tests shall be for total solids, pH, total'nitrogen, total phosphorous, total potassitmt, cad miam;• ,copper zinc, nickel, lead, arsenic and PCBs; -and other components' as may be necessary to onforce stan- dards which may be established by the or fed- eral governmenL Additional tests' may berequired by the health officer if them is reason to believe additional toxic materials are present in sufficient quantity tojeopardize health when sludge is spread under the conditions of the permit. :4. U. Frequency of Sample Testing. (A) Sludge samples taken directly from a sewage treatment plant shall be routinely 24.06.030 tested according to the treatment plant Flow rate measured in millions of gallons per day. TABLEI Frequency of Sample Testing hUliions of Gallons Frequency Per Day Less than .5 Annually .5 -5.0 Semiannually Greater than 5.0 Quarterly (B) Sludge taken from storage shall be sampled with at least one sample per 1,000 dry tons. These samples shall be gathered from several cores taken from representative areas and mixed to make each representative sample. `• (C) Moreftequentsamplingmaybe required if consecutive sa nples reveal a variance sufficiently large so that them is less than a 95 per- cent probability that the average (mean) concentra- tion of critical elements in the samples lies within ( +or -) 25 percent of the actual mean, or otherwise at the health officer's discretion. (D) Less frequent sampling may be Permitted at the discretion of the health officer if there is little variance in sludge analysis over time. (E) Samples of�ludge from plants where sampling is required-mom-often than once every two weeks may be stored at four degrees Cel- Sius and *composited before' analysis '.The labom- tory analysis may be performed upon 'a composite, provided that such analysis is performed at least once every four weeks. M. Values to be Used for Detemmina- donof Load Limits. I � •.x:.. (A) If from the five most recent samples available the variance of critical elements is sufficiently low that them is at least a 95 percent probability that the average (mean) values are within (+ or -) 25 percent of the actual mean, then the median value of the Actual samples shall be used as the basis of calculating`applicaUOn load Limits-- ✓ ,r>.., i.. (B) If the vanari li cb. , _ample values exceeds -the Above Emits; or if tliesc� are less than five samples available then'tbe' load limits will be based upon an estimate of concentraiiou 25.percent higher thah the observed median.i ; ". - - concentationof sludge ezceeds1,5.0.'ug1gram (5 mg/kg) and the soil pH in the field a less than 6.5, then adjustment of the soil to pH X6:5 %prior to the time of spreadingthe sludge shall be required. pH adjustment is not required if the soil.�pH -is 6.5 or S j Z4.06.030 higher or if the cadmium level in the sludge is less than 5.0 ugJgram. c. Heavy Metal Load Limits and pH Adjustment by Test Unit Areas. If there are differ- ences in pH and heavy metal content found to be present on different test unit areas on an sludge utilization site, then separate pH adjustment ' and sludge loading limits shall be applied as necessary to separate test unit areas within the site. f. Proof of pH Adjustment. I. Proof of pH adjustment shall be by soil tests taken as per subsection B.6.b(iii) and (iv) Of this section, which indicate that an appropriate adjustment has been made._ .;.;.y:. 7. Other Sludge.Utilivation Standards..: a Use of Sites.Subject to Flooding. i. Definition. - Any site which lies within the floodplain of any river, as delineated on FEMA maps adopted as part of the National Flood b surance::Program, ras- %areas.:of_; Spechd Flood Hazard ".100 -year floodplain; orany:site:which has been observed:to-have been flooded by.any adja- cent river, creek;dakc or tidewater during any one of the previous 10,yearsshall be considered to be subject to floodipg . i. Sirrm w6;�6:. be ject to lions porated into the soil. .iii. -The management plan shall be devised in consultation with the soil conservation district and shall contain a detailed description of topographical, :erosional -and drainage characteris- tics of sites Subject to- flooding shall be permitted only if the plan includes features designed to pre- vent the transportation of sludge by natural pm- cesses away from the state: �. b.,CoveuCrops._Jn order ;o prevent ero- siou caused by wind or water dmingthe winter sea- son; a cover -crop_ must be: planted not later. than October 15th oa:all sites if sludge is Spread at any time afterharvestofthe aaa*a rop Kequin:d. In order to'mbu ni >P- the.health risk of infectious diseasd, application of sludge is prohib- ited unless thexbuive hat i.,.s..:,, t"r..,....__r.v_ in WDO methods This nm Department of Ecology determines an adequate means of measuring the required pathogen reduc- tion. d. Sludge Utilization Plan to be Approved by Soil Conservation Service. The applicant shall *be required to provide as part of a management plan a complete sludge utilization Plan approved by the US. Department of Agricul- ture Soil conservation Service with respect to assurance that the application rates do not exceed nutrient regtuments: of the crop, taking into account .any use of commercial fertilizers and manures:... - Eli S. SEPA Policy — Sludge Utilization Per- 3: ts: a. Public notice of any determination of nonsignificarm shall be posted on eight-and-one- half-inch byll -inch signs on the property line at each site adjacent to each public road bordering the site _ within seven. calendar days of the deterunna- tion of nonsiguificance. �sra -,6,- Special;. Dates Applicable to Sludge :Utdimtion site Permits., a.,Permitsto be issued for sludge uti- lization sites. subject :to,floodingasdefined in sub- section B.Ta of this section shall no[ be 'effective prior to April 15th and Shall expire on September shallbeeffec- =- r.' . n. Y.etmtts assued;foc:nonfloodplain sites shall Ao,tbe effective Prior;o•Mamh 1st, and e. •`•t:ui.;Theactualeffectivedate for aspe- cific permit may be delayed if in:tliejudgment of the health officer, the site is considered to have wet soils. The applicant will be allowed to ,begin apteadat affet•demonstrating,.to the satisfaction of the healdr officer, that the water table is at least me feet below the surface- C. Solid IVAste Incinerators 1 l-ocali.Standards._ Incineration of . warm in that mact with the sealed container may be unloaded Ic -r . Whatcom County Code by hand. Containers must be of combustible mate- rial. The health officer may require testing of the effectiveness of sterilization of infectious waste as necessary to assure safe handling of ash. 2. Signage. The health officer shall deter- mine appropriate signage at incinerator facilities to alert personnel to the existence of safety standards and that enforcement is available under state and local law. D. Solid Waste Landfills. 1. Local Standards. a. Cover shall be completed by midnight of each day. b. Burning of wood demolition materials and brush shall -be- limited to a designated area. Storage of combustible materials shall be prohib- ited within 75 feet of any designated burning area. c. Dangerous waste discovered at the landfill shall be handled in a manner to be described in the landfill plan of operation. d. A tree or vegetation line shall be main- tained whatever possible to provide visual scnan- ing of operation activities. e. Asign at the entrance to a landfill shall time general types and amounts of restricted materials and a short list of examples of each. Signs shall have lettering of adequate size to be readable by the average person when sitting in a vehicle at the entrance gate. (Ord. 96 -007; Ord. 90- 10 Exit. A (part); Ord. 89 -24 (part)). 24.06.040 Permit application pretimivary procedure. A. Sludge Utilization Sire Pernits. L All applications for sludge utilization site Permits shall be reviewed for completeness, and one completed copy shall be forwarded to the Washington State Department of Ecology for review and recommendation. All applications will be reviewed for compliance with the Minimum Functional Standards, WAC 173 -304; all applica- ble local ordinances, WDOE 82 -11, WDOE 82 -12, and these local board of health rules and regula- tions. 2. At a minimum, each application fora per- mit shall contain the following information upon which to base the permit: a. Site Characterization. i. Soils: series, texture, depth to sea- sonal high water table or impermeable horizon, slope; ii. Site: location on topographic map, location of nearby lakes, stream,, rivers, wells, houses, and other relevant topographic features; 24.06.050 iii. Acreage and legal description of site. b. Sludge and Soil Characterization. i. Soil test information; ii. Previous sludge analysis (includ- ing number of samples); iii. History of sewage sludge applica- tions. C. Site Management L Method of application; ii. Description of crop and manage- ment; iii. Proposed annual application rate and basis for selection of that rate; iv. Proposed site life for sludge appli- cations; v. Months when applications are planned. d. Storage and Transportation. i. How sludge is to be stored, if stored away from source. Include mnoff, access, Inch- ing, and nuisance prevontion; ii. Proposed transportation means and routes. B. Applications. All applications shall be signed by the applicant, lessee, if any and the Prop- erty owner. (Ord. 90 -10 Exh. A (part); Ord. 89 -24 (part)). 24.06.050 Procedure for approval of permit applications for solid waste facilities and variances:. - A. Application Review. All applications for solid waste facility permits shall be reviewed for completeness, and one completed copy shall be forwarded to the Washington State Department of Ecology for review and recommendation. All applications will be reviewed for compliance with the Minimum Functional Standards WAC 173- 304, all applicable local ordinances, and these local board of health rules and regulations. B. Public Hearings. Copies of the solid waste facility permit and variance applications shall be publicly available for at least 20 calendar days before the pennit is issued. A public hearing before the health officer or designee shall take place prior to the issuance of any permit with or without vari- ances. Notice of the public hearing shall be pub - fished in the official county newspaper no fewer than 10 calendar days prior to the hearing date. Notice of the receipt of application and of the scheduling of the public hearing on the application shall be sent to all property owners adjacent to the Proposed solid waste facility, and to all tenants oceuPying Property adjacent to the proposed facil- .5 5 24.06.060 ity in such cases where the owner is not a resident. Notice shall also be mailed to any persons who have requested to be apprised of the receipt of per- mit applications. At the public hearing oral and written public comment will be taken to aid the health officer in determining facts necessary to establish site requirements. - C. Issuance of Permits and Variances. 1. Final decision of the solid waste facility Permit and/or variance applications not receiving state Department of Ecology review or comment shall be made by the health officer within 30 work- ing days following the public heating. D. Appeals. Appeals shall be filed and carried out in the manner described in Section 24.06.060. (Ord. 90 -10 Exh. A (part); Ord. 89 -24 (part)), 24.06.060 Appeal of final decision; appeal Procedure and review. A. Filing of Appeal. I. Any person aggrieved by the approval or disapproval of an application for a solid waste per- mit or variance may seek review from the hearing examinerby filing a request for the same within 10 working days of the approval or disapproval with the health department. 2. A filing fee as established by the county council shall be paid to the health department upon filing a request for review by the hearing examiner. The health department shall distribute the funds as ap$ropriae and within five working days of the receipt of the request and fee, notify the hearing examiner and the clerk of the couued that the fees and application have been received. 3. These fees do not apply to any state or local government- _ B. Heating Examiner Review/Decision. 1. The hearing examiner shall conduct pub- lic hearings and prepare a record thereof. 2. At such hearings the matter shall proceed de novo and no presumption shall attend the deci- sion which is the subject of the appeal. 3. The hearing examiner shall determine whether the decision was made in compliance with existing applicable statutes, odes, ordinances and policies, of Whatcom County and the state of Washington that relate to the disposal of solid waste. . _ 4. The hearing examiner shall produce find- ings and conclusions; based upon the record, . in support of the decision of the hearing examiner. These findings and conclusions shall also set forth the manner in which the decision carries out and conforms to the existing applicable statutes, mles, Ordinances and policies of Whatcom County and ,the state of Washington that relate to the disposal of solid waste. 5. The hearing examiner may approve or deny the application and may impose such condi- tions, modifications or restrictions as the hearing examiner finds necessary to make the application compatible with applicable statutes, mles, ordi- nances and policies relating to the disposal of solid waste. Performance bonds or other security in form acceptable to the prosecuting attorney, may be required in ensure compliance with the conditions, modifications or restrictions. 6. A copy of the written decision of the hearing examiner, including findings and conclu- sions based on the record to support the decision, shall be filed with the qlerk of the council. The decision is final when filed. 7. Each decision of the hearing examiner shall be tendered within 10 working days follow- ing the conclusion of all testimony and hearings, unless a longer period is mutually agreed to in writ- ing by the applicant and the hearing examiner. 8. No final decision of the hearing examiner shall be subject to review.except as provided in subsection C of this section. C. Appeal and Review of Hearing Examiner's Decision. 1:. Any aggrieved party may appeal any final decision of the hearing examiner to the county council. 2. Within 10 wOddng days of the final deci- sion, the appellant shall file a notice of appeal with, and pay a filing fee to the.health deparmtent. The - appellant shall serve the notice of appeal upon all Opponents of record and to the applicants. 3..A filing fee as established by the county council shall be paid to the health department upon filing of the appeal and the appellant shall also pay a transcript deposit fee to the health department which shall notify the hearing examiner that has received the fees, within five working days of their receipt. Upon completion of the transcript, the appellant shall pay an additional, fee equal to any additional costs of preparation of the namscript 4. These fees do not apply to any state or local government.. 5. Upon receipt of the notice of appea, deposit of transcript costs and filing fce, the office Of the hearing examiner shall immediately forward the notice of appeal to clerk of the council, and shall upon receipt of the transcript fee file a written tran- scription of the public hearing together with the entire record in the case with the county council; Provided that, if all parties of record and the county council agree, in writing, a summary of the facts or �� Wlratcom County Code an abridged transcript may be substituted. A request for a summary of the facts or abridged tran- scription shall be in the form of a petition to the county council 6. A copy of the record on appeal shall be sent to the appellant and copies shall he made available to all parties at a cost to be foxed by the hearing examiner in the hearing examiner business rules. D. Written ArgumenL I. The appellant shall file a statement con- taining the appellant's basis for appeal and argu- ment. 2. Within two working days after receipt of the hearing examiner's record, the county council Office shall send a letter ofmotffication to the appel- lant that the statement is due. The statement and argument must be filed in writing, gong with a specified number of copies, with the clerk of the council within 15 working days after the postmark date of the letter of notification. 3... Within two working days of receipt of the appellant's written. argumeiu =the council office shall send copies of thatargument many persons or entities opposing the appeal. Any argument or response by any person on cntity..opposing the appeal must be filed in writing along..with the num- ber of copies specified in the Hearing Examiner's Business Rules, within -10 calendar days after the Postmark date the appellant's argamentwasmailed by the council office. ., .. . 4.- Failure of the, appellant to.zab y ideb the time limits contained herein:will,result..inauro- matic dismissal of the appeal:..1 ; ,y . ... 5.. Widdn.35;calendar days after.the respon- dent's argument is filed, the county council - will issue a written decision together with findings of fact and conclusions of law. This time limitation shall not apply when a remand procedure is initi- ated. . .. ..... 6. The decision of the county council shall be based solely upon the record and the written argument that has been submitted by the parties. Oral argument may be scheduled�at the discretion of the county council. ,r..a v::r E. Remand to Hearing Examiner. <.rk„ 11 -... 1.:The countycouncil -within its dis- cretion, remand the case back to .the office of the hearing examiner.if the council finds: , r: a. That new evidence is available that could affect the outcome of the case and that was not available at the Cost hearing. b. That the record, in whole orpart, is not sufficient for the council to make a reasoned deci- sion on the appeal. 24.06.070 c- That the decision of the hearing exam- iner should be reversed, and that additional infor- mation is necessary before a final decision can be made. 2. The remand shall be in the form of a writ- ten order and shall state the specific areas to be considered by the hearing examiner at the remand hearing. The remand hearing shall be limited to the specific areas of content stated in the remand order from the county council. 3. Upon receipt of the remand order, the hearing examiner shall set the matter for public hearing. Such hearing shall be expedited to the extent that is practical, not to exceed 20 working days from the receipt of the remand order. Notice of the hearing shall be given to the applicant and all parties of record rby mail at their last known address. No other notice is required, 4. The hearing examiner shall file the infor- mation requested in the remand order with the clerk of the council as soon as possible but not to exceed 15 working days the date of the hearing. F. Final Decision by County Council, I. The county council shall, within 21 work- ing days of the filing of the information from the remand hearing, issue its final written decision together with findings of fact and conclusions of law. .... . , - 2. .The council shall affum..the decision of the hearing examiner unless a majority of the entire council finds that the decision of the hearing exam- iner is: a. Based upon an error of law; or :b: Cleadyermnecusoatheentirerecord, with this. established by clear;_cogentand coavmr- ingevidence. . c . r.:..� i.c:.r .,- 3. The county council, where its decision results in approval, may impose. modify or delete conditions upon the permit consistent with statute, regulation, ordinance or policy of Whatcom County or the state of Washington. The decision of the county council shall be final unless . notice of review is filed within 10 working days of the date of its decision with a court of competent jurisdic- tion. 4. No individual or county .;official shall interfere with or attempt to interfere with the hear- ing examiner or the individual council members in the execution of their quasi-judicial duties under this title. (Ord. 90 -10 Exh. A (part); Ord- 89 -24 (part)). - .. 24.06.070 Permit expiration. All permits will expire on December 31st of each year, unless there is a special expiration date S' 24.06.080 required by these rules and regulations or health board actions. (Ord. 90 -10 Exh. A (part); Ord. 89- 24 (part)). 74.06.080 Permit renewals. All pemtit holders will be notified in August of each year that renewal applications must be received by - September 30th. Procedures for renewal permits will be the same as for new per - rnits, except as provided for in Sections 24.06.040 through 24.06.050. (Ord. 90-10 Exh. A (pan); Ord. 89 -24 (pan)). 24.06.090 Suspension and modification of permits. A. Conditions. Any permit issued under a solid waste regulation may be suspended by the health officer when: :.. I. The permit holder has violated the solid waste regulations more than three times within the last five year's; or. . 2 The permit holder knowingly, or with reason to know; made a false statement or an omis- sion of material fact in the application for a permit of my data attached thereto, or in any matter per- taining to the department's administration of the pemtit•or -.'r 3. Operations under the permit have vio- lated a solid waste regulation, and continued oper- ation of the solid.wastc site poses a hazard to public health which'cannot be remedied by corrective action; or 4. The permit holder has failed to comply with any notice issued pursuant to this regulation. B. Continued Operation During. Suspension. when the health department finds that cause exists as provided above for suspending a permit, the continued operation of the solid waste site may be made conditional - upon performance of steps deemed necessary by the health officer in protect the public health, and/or the assessment of admin- istative costs as defined in Section 26.06130. C. Notice of Suspension or Revocation. Permit suspension or: modification shall be carried out through the notice provisions of this regulation. The suspension:or :revocation shall be effective upon service of the notice upon the holder or oper- ator. The holder or operator may appeal such sus- pension or revocation m provided ••- by - this regulation. _ D. Refund of Fees. Permit fees will not -be refunded to operators of facilities with suspended permits. ..d +!. E. Eligibility for Permits. Whenever a permits is suspended, the health department may hold the applicant and/or the site ineligible for future solid waste permits. The department may deny an application for a solid waste permit or permit renewal if it finds [hat the same permit holder and/or site has experienced a permit suspension under these rules and regula- tions, or any other comparable regulations issued by a govemrmental entity of similar jurisdiction, any time within the three years immediately pre- ceding the date of such application. F. Modification of Permits After Issuance. The health officer may modify a permit after its issu- ance if necessary In make it conform to promulga- tion or revisions of -applicable solid waste regulations or to respond to newly discovered information pertinent to the permitted activity. No additional fee or penalty s(iall be imposed. The per- mit holder shall be notified of modifications made to the permit soon after they are completed. (Ord. 90 -10 Exh: A (part); Ord. 89 -24 (part)). 24.06.100 Hearing and appeals ('including to the Pollution Control Boatel): An aggrieved applicant may appeal a denial of a permit or suspension 'of a permit in accordance with RCW:70.95.210. (Ord. 90 -10 Exh. A (part); Ord. 89 -24- (pan)). - 24.06.110 Rccordkeeping. - Copies of:aB permit applications and all admin- istrative notes, memos, and, correspondence including public comments, regarding any and all sludge utilization sites shall be collected and main- tained by the health department for public inspec- tion or reseamh..(Ord. 90-10 Exh: A (pan); Ord. 89 -24 (part)):•:.: 24.06.120 Special regulatiom, The Board may make special regulations' for allowance of specific experiments in sludge utili- zation: (Ord. 90 -10 Exh. A (part); Ord. 89 -24 (pan)). .,,1 24.06.130 Severability. Should any section, subsection; paragraph, sen- tence, clause or'phrase -ou this;:regulation be declared unconstitutional or invalid for any reason, such deeision,shall not affecrtheivalidity of the remaining portions of this regulation: -- (Ord.'90 -10 Exh. A (part)).