HomeMy WebLinkAboutord1990-010WHATCOM COUNTY COUNCIL AGENDA BILL
HDAC
SUBJECT-
UUL`�UI.�U U �U 2/1/90
0 d 1990
WHATCOM COUNTY
COUNCIL
Ordinance amending Title 24 (Health Regulations)
0011. eiii
AM
Council
Council /Hearin
ATTACHMENTS:
- Ordinance
- Exhibit explanation sheet
- Exhibit A, Exhibit B (on" file)
- Warner memo explaining changes Public Hearing Needed? Yes /x No
SUMMARY STATEMENT.•
C
RECOMMENDED ACTION:
COMMITTEE ACTION (including dates):
1/16/90- Health Dept. Advisory Committee sent proposed changes to Council for action.
COUNCIL ACTION (including dates):
3/13/90 meeting - Ordinance passed unanimously. Note: 24.05 must be approved by State
Health Department prior to taking effect.
Related File Numbers. Ordinance or Resolution Number: 0 90 -10
See Ord. 89 -24
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neword.116
[1/16/90]
INTRODUCED BY: Consent
PROPOSED BY: Health Bd. Adv. Com.
DATE: 1 -18 -90
ORDINANCE NO. 90 -10
AMENDING TITLE 24, THE WHATCOM COUNTY HEALTH CODE
WHEREAS, the Whatcom County Council must supervise all matters pertaining
to the preservation of the life and health of the people within its jurisdiction as allowed
by RCW 70.05.060;
WHEREAS, it is necessary to amend certain portions of Ordinance 89 -24, which
added Title 24 to the Whatcom County Code and established the Whatcom County
Health Department, in order to clarify certain issues;
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
all references within Title 24 to the Health Department Advisory Committee are hereby
changed to the Health Board Advisory Committee; and
BE IT FURTHER ORDAINED that Title 24 be amended as indicated in Exhibit
A; and
BE IT FURTHER ORDAINED that a new Chapter 24.07 be adopted as
indicated in Exhibit B.
ADOPTED this 13th day of March 1990.
ATTEST:
L� X�
Ramona Reeves, Council Clerk
APPROVED AS TO FORM:
Chief Civil Deputy Prosecutor
WHATCOM COUNTY COUNCIL
TON
( ) VETOED ('APPROVED
/" �G.,.. 1�41
Shirley Van Za ten, Exee'utive
BOOK PUBLISHING COMPANY WORKING COPY
EXHIBIT A
TO
WHATCOM COUNTY COUNCIL
ORDINANCE NO. 90 -10
AMENDING TITLE 24, THE WHATCOM
COUNTY HEALTH CODE
[Exhibit A includes amendments to Chapters 24.01, 24.02,
24.03, 24.04, 24.05 and 24.061
Adopted 3/13/90
Exhibit A, Revisions to 24.01, Page 1
24.01
PURPOSE, LIMITATION ON LIABILITY AND DEPARTMENT ESTABLISHMENT
24.01.030 - Administration.
The department shall be administered by an administrative officer who shall be the
County Executive, in accordance with RCW 70.05.045. The County Executive shall
appoint a Health Officer, who shall also serve as administrative director, to manage the
department and who shall have the qualifications as stipulated by law. The County
Executive may, alternatively, with the consent of the Council, but only as an interim
measure for a period not to exceed 120'days, appoint an administrative officer
separate from the Health Officer. The appointment of the Health Officer and /or
administrative officer shall be confirmed by the County Council. These appointees shall
serve indefinite terms at the will of the Executive, and may be removed by the Executive
upon the filing of a statement of reasons therefore with the County Council.
24.01.050 - Creation of Health Board.
The Whatcom County Council shall constitute the official County Health Board, in
accordance with RCW 70.05.030, and shall create a Health Department P§W Advisory
Committee composed of three County Council members appointed by the County
Councilr---T' two representatives from the City of Bellingham appointed by the
Bellingham City Council, one representative from the small cities appointed by the small
cities, and one representative from the unincorporated rural areas appointed by the
County Council. Unless the chairx determines there is not business for it, the
Advisory Committee shall meet before every regular Council meeting as its members
shall determine; it shall be delegated authority to hold public hearings on behalf of the
Council; it shall review matters within the jurisdiction of the Health Board and shall
make recommendations to the Council for action.
24.03
FOOD SERVICE RULES AND REGULATIONS
24.03.040 - Permits.
24.03 .043 Permits for temporary food service establishments will expire at the
end of the event for which they are issued, but in no case shall this exceed
14 Ways.
24.03 .044 Permits will be suspended and /or reinstated as provided in WAC
248 -84 -070. Any one of the following shall be grounds for suspension of
a permit:
a. Refusal to correct immediately any red critical item
violation, or,
b. Finding any fi red critical item violation on
two consecutive inspections within 6 months, or,
c. Finding of 40 red critical item hazard points or 100 total
red and blue hazard points twice within a 12 -month period,
or,
d. Finding that continued operation would otherwise
constitute an immediate and substantial hazard to public
health.
Exhibit A, Revisions to 24.02, page 1
24.02
MOBILE HOME PARK REGULATIONS
24.02.010 - Definitions.
"Health Officer" - the legally designated hfalth e.fficer as defined in
RCW 70.05.010 (2) or his.1 authorized representative.
24.02.020 - New Construction Standards.
24.02.021 Plans and Specifications.
D. Within 30 days following receipt of plans and
specifications, the health officer shall issue a written approval,
disapproval, or inform the applicant in writing of any changes
necessary to comply with these regulations.
24.04
RECREATIONAL VEHICLE PARK AND SUBDIVISION RULES
24.04.020 - Definitions.
"Health Officer" - The legally designated health officer as defined in RCW
70.05.010 (2) or his iiaff authorized representative.
24.04.030 - New Construction Standards.
24.04 .031 PLANS AND SPECIFICATIONS.
A. No person shall construct or establish a new park or
subdivision unless plans and specifications containing
information adequate to evaluate the proposal for compliance
with these regulations shall have first been submitted to and
approved in writing by the health office , or iris representative.
Plans and specifications for additions, extensions, or
modifications to an existing park or subdivision must also be
submitted to and approved by the health officer; -or-im
, if such changes are covered by provisions of
this regulation. Any proposed deviations from said approved
plans and specifications must first be approved in writing by
the health officer or his tepresentative.
D. Within 30` :;days following receipt of plans and
specifications, the health office , or his LeFiLesentativc, shall
issue a written approval, disapproval, or inform the applicant
in writing or any changes necessary to comply with these
regulations.
24.04 .032 WATER SUPPLY
D. If provided, individual water service connections shall
meet the following requirements:
Exhibit A, Revisions to 24.04, page 2
1. Water riser pipes shall extend at least
inches above ground elevation. Surface drainage
shall be diverted away from the riser pipe.
4. Sewage Disposal
a. All sewage from parks and
recreational vehicles shall be discharged into a
sewage disposal system approved by the local
health office , Where
connection to a public sewer system is not
feasible, the park shall have sewage disposal
facilities constructed in accordance with
applicable state and local regulations.
c. Sewage dumping stations shall consist
of a trapped 4Q? inch sewer inlet pipe
connected to an approved disposal system,
surrounded at the inlet by a concrete apron
sloped to the drain and provided with a self -
closing, hinged cover. A water outlet, equipped
with a back -flow prevention device, shall be
provided to permit periodic wash -down of the
immediate adjacent areas. A sign shall be
posted near the water outlet indicating that this
water is for flushing and cleaning purposes only.
24.04.040 - Operation and Maintenance.
All recreational vehicle parks or subdivisions shall be required to meet all maintenance
and operation standards.
Exhibit A, Revisions to 24.04, page 3
24.04 .041 PERMITS
A. No person shall operate a recreational vehicle park or
subdivision unless an annual permit for said park or
subdivision has been issued by the health officer, or-i s
B. The health office , or his irepresentative; is authorized and
directed to make such inspections as are necessary to
determine satisfactory compliance with the provisions of this
chapter. The results of such inspections shall be submitted in
writing to the park operator. For purpose of such inspection,
the health officer, oi his representativIC7, shall have free access
at reasonable times. If all standards required by this
ordinance are met, upon payment of a fee, the permit will be
issued.
C. Upon written notice to an operator, the health officer; or
his , may suspend or revoke the permit of a
park or subdivision or take such other action as ire #f1
.... ,:.::::.;.
may deem necessary, whenever he < i fi �i ' M
finds that the park or subdivision is not in compliance with
these regulations.
24.04 .042 WATER SUPPLY
Water supplies serving parks and subdivisions shall conform
to the requirements of WAC 248.54, Rules and Regulations
of the State Board of Health regarding Public Water Systems.
Exhibit A, Revisions to 24.04, page 4
24.04 .044 ALL SERVICE BUILDINGS AND SANITARY FACILITIES SHALL
BE KEPT CLEAN AND IN GOOD REPAIR.
A. Existing lavatories, showers and other bathing units shall
provide hot water between the minimum temperature of 1OW
and the maximum temperature of 130f
Exhibit Revisions to 24.45, 3/13/90, Page 1
1 REVISIONS BY HDAC, APPROVED 1/16/90
2 24.45
3 SEWAGE CONTROL RULES AND REGULATIONS
4 24.05.010 - Objectives.
5 Rules and Regulations defining and regulating sewage disposal systems, regulating the
6 construction, installation, alteration, maintenance, repair and cleaning of sewage
7 disposal systems; providing for the issuance of permits and fees therefore; licensing
8 the installers and cleaners of sewage disposal systems, establishing fees and bonds
9 therefore, requiring the connection of premises to a public sanitary sewer.
10 24.05.020 - Definitions.
11 For the purpose of these Rules and Regulations, the following words and phrases
12 shall have the meanings ascribed to them in this section:
13 ABSORPTION TRENCH shall mean a ditch 36 inches or less in width
14 in which a drain line is to be installed.
15 ABSORPTION BED shall mean a ditch over 36 inches in width or more
16 in which an array of drain lines is to be installed.
17 BEDROOM shall mean any room normally used for sleeping. Any
18 dwelling unit with a total floor area (basement, first and second) of
19 more than 1,000 sq. feet shall be considered to have at least two
20 bedrooms. A dwelling unit with 1,500 sq. feet shall be considered to
Exhibit Revisions to 24.05, 3/13/90, Page 2
1 have at least three bedrooms, whether or not the rooms are designated
2 as such.
3 BOARD OF HEALTH (or Health Board) shall mean the Whatcom
4 County Council.
5 CHEMICAL TOILET shall mean a fly- and vermin -tight building or
6 structure housing toilet(s) and covers therefor with a means of disposal
7 of human excrement by means of a suitable tank or vault containing a
8 chemical which will liquify said contents, destroy potential disease -
9 producing organisms with a minimum amount of offensive odor.
10 COMPONENT REPLACEMENT shall mean substitution of a new septic
11 tank, absorption line pipes, fittings or other parts of any existing system,
12 the substitution of which does not alter, expand or relocate the system.
13 CONTAMINATION shall mean a change of the environment in such a
14 manner as to create and /or potentially create a health hazard.
15 CUTS and /or BANKS shall mean any naturally - occurring or human -
16 formed slope which is greater than 100 percent (45 degrees) and extends
17 vertically at least feet from the toe of the slope to the top of the
18 slope.
19 EXPERIMENTAL SYSTEMS shall mean any alternative on -site system
20 excluding a larger system which has not yet had guidelines established by
21 the technical review committee as per WAC 248 -96 -046.
22
23
Exhibit A Revisions to 24.05, 3/13/90, Page 3
1 GROUND WATER shall mean subsurface water occupying the zone of
2 saturation.
3 HEALTH DEPARTMENT shall mean the Whatcom County Health
4 Department and its authorized representative.
5 INTERMITTENT STREAM shall mean a water course that has running
6 or standing water less than 6 months a year.
7 LOT shall mean the entire parcel of land with fixed boundaries in single
8 ownership, which area is for the use of the occupants of the building to
9 be served by the proposed sewage disposal system. Easements may be
10 included in determining the boundaries of the lot.
11 MAJOR REPAIR of a sewage disposal system shall mean the
12 replacement of an absorption field with any of the following: An
13 absorption field requiring more than 18 inches of fill soil; a pressure
14 mound; or a sand filter system.
15 MINOR REPAIR of a sewage disposal system shall mean any alteration,
16 extension or relocation of the septic tank or absorption lines which does
17 not require more than 18 inches of fill soil, or the construction of a
18 pressure mound or sand filter system.
19 MOBILE HOME PARK shall mean a plot of ground in which three or
20 more sites are occupied or intended for occupancy by mobile homes for
21 dwelling or sleeping purposes.
22 NEW CONSTRUCTION shall mean a new building or structure
Exhibit A Revisions to 24.05, 3/13/90, Page 4
1 (excepting the replacement of an existing unit) or the addition of a
2 complete dwelling unit to an existing building or structure.
Exhibit A Revisions to 24.05, 3/13/90, Page 5
1 PERCOLATION TEST shall mean a soil test performed at the depth of
2 the bottom of a proposed absorption trench or bed to estimate the water
3 absorption capability of the soil.
4 PERMEABLE SOIL shall mean soil with a percolation time of 60
5 minutes to the inch or less.
6 PERMIT shall mean a written document issued by the Health
7 Department authorizing the construction, installation, or alteration of a
8 sewage disposal system.
9 PERSON shall mean any institution, public or private corporation, state
10 agency, individual, partnership, or owner entity.
11 PREMISES shall mean any building or structure and the property on
12 which it is located and surrounding area utilized by persons as a
13 residence, a place of business or place of sponsored public assembly and
14 include established picnic or camp grounds.
15 RECREATIONAL VEHICLE means a vehicular -type unit as defined by
16 the Department of Labor and Industries, designed for temporary living
17 quarters for recreational, camping or travel use, which either has its own
18 motor power or is mounted on or drawn by another vehicle.
19 RECREATIONAL VEHICLE PARK shall mean a plot of land in which
20 three or more sites are occupied or intended for occupancy by
21 recreational vehicles for travel, recreational or vacation uses.
22 RESTRICTIVE LAYER shall mean a layer that impedes the movement
23 of water, air and growth of plant roots. Examples of such layers or
Exhibit A, Revisions to 24.05, 3/13/90, Page 6
1 conditions are groundwater tables, hardpans, claypans, fragipans,
2 compacted soil, bedrock and clayey soil.
3 SANITARY PRIVY shall mean a fly and vermin -tight building or
4 structure housing toilet seats and covers therefore, with a means of
5 disposing of human excrement in such a manner as not to fall upon the
6 surface of the ground or into any water either directly or indirectly but
7 shall enter into a vault or pit where said contents shall be at all times
8 inaccessible to flies or other vermin.
9 SECRETARY shall mean the secretary of the State Department of
10 Social and Health Services or his /her authorized representative.
11
12
13
Exhibit A Revisions to 24.05, 3/13/90, Page 7
1 SOIL LOG HOLE shall mean an excavation in soil with a minimum
2 diameter of 12 inches and a depth of 4W. feet or to the restrictive
3 layer if less than 4f feet.
..........
4 SURFACE WATER shall mean any body of water whether fresh or
5 marine, or water course, including lakes, impoundments and streams.
6 WET SEASON shall mean the period of year from December -1-first to
...
7 May fijLsa
Fxh Revisions to 24.05, 3/13/90, Page 8
1 24.05.030 - Lake Whatcom Watershed Definitions.
2 FIRST UPLAND ZONE shall mean that area of land extending between
3 100 and 500 feet inland measured horizontally from the high -water line.
4 HIGH - WATER LINE shall mean a line determined by the water's edge
5 when the water level of the lake is 314.9 feet above sea level.
6 SECOND UPLAND ZONE shall mean that area extending between 500
7 and 1,000 feet inland measured horizontally from the high -water line.
8 THIRD UPLAND ZONE shall mean that area extending between 1,000
9 feet measured horizontally from the highwater line and the boundaries
10 of the watershed.
11 WATERSHED shall be as defined in the Bellingham City Council
12 Ordinance No. 7775.
13 WATERFRONT ZONE shall mean that area of land extending from the
14 water's edge to a line inland 100 feet measured horizontally from the
15 high -water line. This measurement must be made from the natural
16 water line. No artificial extension of the land by filling in of the lake or
17 construction of a bulkhead shall be allowed for the purpose of increasing
18 the measured distance horizontally.
19 24.05.040 - Conforming Side Sewer or Sewage Disposal System Required.
20 No person shall occupy or use any premises unless there is provision for the disposal
21 of all human excrement and other liquid -borne refuse by either a side sewer or
22 sewage disposal system constructed and installed in compliance with these Rules and
Exhibit A Revisions to 24.05, 3/13/90, Page 9
1 Regulations. Existing sewer or sewage disposal systems installed prior to the effective
2 date of this ordinance shall be exempt from 24.05.080 and 24.05.090 but shall comply
3 with 24.05.060 and other provisions of these Rules and Regulations.
4 24.05.050 - Permit: When Needed.
5 It shall be unlawful to construct or install or make a major or minor repair on a
6 sewage disposal system with the exception of sanitary privies and chemical toilets used
7 in agricultural areas and construction sites, systems requiring approval by the
8 Department of Social and Health Services or Department of Ecology or component
9 replacements without having first obtained a permit from the Health Department.
21 Percolation rates shall be estimated from Table 1 if a minimum of 4@
22 soil log holes show the soil horizons at the site of the proposed
23 absorption field to be consistent with those in the Soil Conservation
24 Service soil series. The number of holes may be reduced by the Health
25 Department if there is substantial reason to believe the soils are uniform
26 in type throughout the absorption system area. If the observed soil types
27 are not consistent with the Soil Conservation Service soil series, then two
1
2
3
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7
8
9
10
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15
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Exhibit Revisions to 24.05, 3/13/90, Page 10
or more percolation tests maybe required by the Health Department.
TABLE I: PERCOLATION RATES OF PERMEABLE SOIL AS
RELATED TO SOIL TEXTURE
Percolation Rate Der Inch Soil Texture
Less than 5 minutes
Coarse to medium sand
6 to 15 minutes
Fine sand, loamy sand
16 to 30 minutes
Sandy loam, loam
31 to 60 minutes*
Porous silt loam, silt
*Soil with this percolation rate usually has a perched water table during the wet
season.
Sewage Effluent Application Rates
From E.P.A. Design Manual
Percolation Rate Per Inch Soil Texture G.P.D. /Sq.Ft.
Less than 5 minutes Coarse to medium sand 1.2
6 to 15 minutes Fine sand, loamy sand 0.8
16 to 30 minutes Sandy loam, loam 0.6
31 to 60 minutes Porous silt loam, silt 0.45
-------- - - - - --
Erh Revisions to 24.05, 3/13/90, Page 11
y: r:. : ?ii ?iii } } }ii::•.v:•'•:.Yiti•
1 B. All applications for a permit for new constructions ' 0#44 a��s or
2 major repairs shall include:
3 1. The area, in square feet, of living area, number of
4 bedrooms and in the case of a commercial building, the
5 type and number of sanitary facilities.
6 2. A complete dimensional plot sketch drawn to a scale
7 showing any present or proposed structures, the location of
8 any source of potable water (including those on adjacent
9 properties which are less than 200 feet from any point of
10 the sewage disposal system), location of domestic water
11 lines, the direction of surface drainage.
12 3. Any other information requested by the Health
13 Department (such as, but not limited to, soil test holes and
14 percolation tests) which is reasonable and relevant to a
15 determination as to the adequacy of the proposed
16 installation or alteration.
24 . A copy of the application for new construction shall be sent by the
25 Health Department to any water district, sewer district or city in which
26 the premises are to be located, provided such district or city has
27 requested said notice.
28 The permit shall not be issued for at least this ty (30) clays
29 in order that said district or city be given opportunity to provide public
Exhibit A Revisions to 24.05, 3/13/90, Page 12
1 sewer services. Upon notice by the said district or city that they have
2 no objection to issuance of permit, it may be issued before the thirty* -
3 day waiting period.
4 BE. If the application is in order and the proposed sewage disposal
5 system appears to be in compliance with 24.05.060 to 24.05.090, the
6 Health Department shall issue the permit provided the issuance is within
7 one year of the date of the approval of the application. If the permit is
8 denied, an appeal may be perfected as provided for in 24.05.180.
9 R For major or minor repairs, the need for an inspection of the
10 completed system will be determined at the time of the issuance of the
11 permit, based upon the complexity of the design and the competency of
12 the person doing the repair.
13 f G. A permit shall expire within three years from the date of issuance.
14 A renewal shall be required unless there has been a request for a
15 Health Department inspection of work in progress prior to the expiration
16 date of the permit.
17 O. After the permit is issued, any alteration of plan must be approved
18 by the Health Department in writing.
19 Emergency repairs by licensed installers can be done on Sundays,
20 holidays, and on non - business hours, providing that a permit is secured
21 on the next regular working day of the Health Department.
22 24.05.060 - General Standards.
23 Any existing, or proposed, side sewer or sewage disposal system is inadequate, and a
24 violation of these rules and regulations, if the contents and /or discharge to or from
25 the side sewer or sewage disposal system:
26 A. Violates any laws or regulations of Washington State governing
Erh Revisions to 24.05, 3/13/90, Page 13
1 water pollution or the disposal of sewage or liquid -borne waste.
2 B. Contaminates any drinking water supply.
3 C. Pollutes or contaminates, directly or indirectly, any lakes, rivers,
4 ponds, streams, or water courses, underground or surface, fresh or salt
5 water within the jurisdiction of the State of Washington.
6 D. Creates a health hazard by the contents or effluent being accessible
7 to people, animals, insects, or other possible carriers of disease.
8 E. Gives rise to a nuisance due to odor or unsightly appearance.
9 24.05.070 - Connection to a Public Sanitary Sewer: When Required.
10 Connection of any existing dwelling unit or other premise with a failing on -site sewage
11 system shall be made to a public sewer system where there is an adequate public
12 sewer within two 2: feet of the dwelling or other facility to be served as
13 measured along the usual or most feasible route of access, and such connection is
14 permitted by the sewer utility.
15 24.05.080 - Sewage Disposal Systems: Requirements for New Construction.
16 24.05 .081 New sewage disposal systems shall be located on the same lot or
17 single parcel of land as the buildings they are designed to serve, or on
18 adjoining property if a permanent easement (which will accommodate
19 the system) is obtained and recorded.
20 24.05 .082 For new construction of sewage disposal systems or repair of
21 existing systems to the extent allowed by site limitations, the following
22 shall apply:
23 k The absorption field must be installed in a parcel of
F.xh Revisions to 24.05, 3/13/90, Page 14
1 ground which has at least O feet of original permeable
2 soil over any restrictive layer and /or the average wet
3 season water table. If a high ground water level is
4 probable, approval for a sewage disposal permit may be
5 withheld until site inspections can be made between
6 December 1 and May 1.
7 B. The minimum distances for location of the various
8 components of sewage disposal systems are measured
9 horizontally and shall comply with Table H.
Exh Revisions to 24.05, 3/13/90, Page 15
1
TABLE II: MINIMUM HORIZONTAL SEPARATIONS
2
Distance in feet from Syste Component:
3
From building
4
From
edge of
sewer, collec-
5
SSAS
and
From septic
tion, and non
6
Items Requiring replacement
tank and dis-
perforated dis-
7
Setback area
tribution box
tnbution line
8
Well or suction line'
1002
50
50
9
Water supppp1 line under pressure
p
10
10
10
10
Surface Water',3
1002
50
10
11
Building foundation
10
5
-
12
Property lines or easement lines
5
5
-
13
Interceptor /curtain drains/
14
drainage ditches
15
Upslope from system component
10
-
-
16
Downslope from system component
30
5
-
17
Cuts of banks4
18
Minimum of five feet of original,
19
undisturbed soil above restrictive
20
layer or layer due to a structural
21
or textural change
25
-
-
22
Less than five feet of original,
23
undisturbed soil above restrictive
24
layer or layer due to a structural
25
or textural change and that layer
26
is intersected
50
-
-
27 'With soil of coarse sand and on other sites where conditions indicate a greater
28 potential for ground or surface water contamination or pollution, the distance from
29 any water supply or surface water may be increased by the health officer.
30 2A reduced separation can be allowed by the health officer if it can be
31 demonstrated that the reduction will not have an adverse effect. However, in no case
32 shall the separation be less than 75 feet, except for intermittent streams in which case
33 the separation shall be 50 feet.
34 3Setbacks from surface water shall be measured from the ordinary high water
35 mark.
36 4Depth of original undisturbed soil means depth at the location of the absorption
37 system.
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9
10
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25
Exhibit Revisions to 24.05, 3/13/90, Page 16
C. Sewage disposal systems shall not be located on slopes
in excess of 45 percent (24 degrees). For slopes from 23
to 20 percent (13 -17 degrees) there shall be 42 inches of
original permeable soil and for slopes from 31 to 45
percent (18 to 24 degrees) there shall be 60 inches of
original permeable soil.
D. Provision shall be made to prevent the flow of footing
or roof drains or any other water drainage over or onto the
area where the sewage disposal system is located.
E. The sewage disposal system must be located on a
parcel of land that will accommodate an absorption field
double the ' ' eqUiLed, provided that if the
26 F. The site of the initial and replacement absorption field
27 shall be selected and maintained so that it is free from
28 encroachment by buildings or other structures. The area
29 shall not be covered by any pavement or impervious
30 material and not be subject to vehicular traffic or other
31 activity which would adversely affect the soil.
32 G. The house sewer cannot be more than 12 inches
Erh Revisions to 24.05, 3/13/90, Page 17
1 below the finished grade where the sewer leaves the
2 building except as authorized by the Health Department.
3 H. Absorption trenches and beds may be used provided
4 that the absorption bed is to be constructed only in soil
5 with a percolation rate of 15 minutes per inch or faster
6 (sand, loamy sand). There must be at least a distance of
7 6W feet between the sidewalls of adjacent trenches or
8 beds. The effluent distribution pipes must be located
9 between 12 and 18 inches below the finished grade and are
10 to be imbedded in at least 12 inches of gravel. The trench
11 or bed cannot be more than 10 feet deep. There must be
12 a vertical separation between the bottom of the trench or
13 bed and a restrictive layer or average wet season water
14 table of at least 24 inches.
15 I. The septic tank shall have at least two compartments.
16 Tanks made of material other than concrete must be a type
17 approved by the Department of Social and Health Services.
18 1 A septic tank designed to service a facility other than
19 one single family residence shall have a minimum liquid
20 capacity equal to one and one half times the projected
21 daily sewage flow, with a minimum of 1,000 gallons.
22 K. An absorption field diversion flow valve must be
23 readily accessible.
24 L. Absorption field piping materials must be of a type
25 approved by the Department of Social and Health Services.
26 M. A sewage disposal system with a maximum flow of
27 more than 3,500 gallons per day must be approved by the
28 Department of Social and Health Services or the
29 Department of Ecology as per WAC 248 -96 -075 or WAC
Exhibit Revisions to 24.05, 3/13/90, Page 18
1 173 -240.
2 N. Any on -site sewage disposal system or device other
3 than a septic tank system must be of a type approved and
4 monitored in accordance with the rules and regulations of
5 the Department of Social and Health Services, WAC 248-
6 96 -046. These devices shall include but are not limited to
7 incinerator toilets, chemical toilets, evapo - transpiration
8 systems, mechanical and aerobic treatment devices.
9 O. Experimental sewage disposal systems are to be
10 approved in accordance with WAC 248 -96 -047.
11 P. Cesspools or seepage pits are not permitted.
12
Q. Sewage holding tanks may not be used except in
13
emergency or existing situations with a firm date of
14
discontinuing their use not to exceed two years from the
15
time of installation. A management program assuring
16
ongoing operation and maintenance shall be approved by
17
the Health Department.
18
R. For individual residences, flows of 120 gallons per
19
bedroom per day may be used for design purposes.
20
21
22
23
24
25 24.05 .083 Permissible Design Alternatives:
26 Variances and the following design alternatives will be permissible if the
27 sewage disposal system installed thereunder will not create a health
28 hazard, in the written opinion of the HHealth @[officer or his tti
29 am representative.
Erh Revisions to 24.05, 3/13/90, Page 19
1 ---------------------------------------
2 TABLE III: ORIGINAL PERMEABLE SOIL OR WET SEASON
3 WATER TABLE AT DEPTH OF LESS THAN FOUR FEET
4 Single Family Dwelling
5 or Eauivalent f4 bedroom maximum 930 gallons maximum
6 Depth of Original
7 Permeable Soil and /or
8 Depth to Average Ground
9 Water Level During the Minimum Width
10 Wet Season Lot Sizes Requirements
11 Less than 48" but at
12 least 30" 17,000 sq. ft. 90 feet
13 Less than 30" but at
14 least 18" 1 acre 150 feet
15 Less than 18" 5 acres 300 feet
16 -------------------------------- - - - - --
17 A. A deviation from the 41 -foot depth may be given for
18 lots where the sizes are as shown in Table III, provided the
19 following construction standards are met:
20
1. Soil fill of an approved type shall be
21
placed to provide a total of feet of
22
permeable soil in an area sufficient to
23
accommodate the absorption field.
24
Absorption beds when placed in more than 12
25
inches of filled soil shall be permanent
26
alternating type equal in size to 160 percent
27
of a normal absorption field.
28
Designs shall be for gravity flow to drainfield
29
areas, except that if there is no location
30
suitable for a drainfield to be placed for
31
gravity flow, pumping of effluent to a filled
32
drainfield site will be permissible.
33 2. Each alternating absorption bed shall be
34 sized based on 96 sq. ft. of bottom area per
F-rhibit A Revisions to 24.05, 3/13/90, Page 20
1 bedroom. The beds shall a maximum width
2 of 6j# feet with at least 10 feet between
3 sidewalls of adjacent beds.
4
3. On level ground not exceeding a 5M
5
percent grade permeable soil fill at the
6
required depth shall extend to a point at least
7
10 feet beyond the outermost absorption line.
8
In addition to the above, when more than 18
9
inches of soil fill is required, a sloping buffer
10
zone of permeable fill soil shall extend a
11
minimum of 10 feet.
12
4. Absorption beds or trenches may be
13
constructed in fill on ground with a grade of
14
6% to 12%WWM#W0M§W-
15
Alternating absorption beds shall be placed
16
end to end, 10 feet apart, following the
17
contour of the land. Approved soil fill at the
18
required depth shall extend to a point at least
19
5S.E. feet beyond the outermost absorption
20
line with an additional 20 feet sloping
21
downhill. A sloping buffer zone of permeable
22
fill soil shall extend a minimum of the
23
following distances beyond the approved soil
24
filled area: downhill, 10 feet; side, S feet;
25
uphill, none.
26 5. When more than 18 inches of soil fill is
27 required, the soil fill shall be approved based
28 on a sieve test, provided that if the soil fill is
29 placed in the buffer zone this requirement
30 does not apply.
Erh Revisions to 24.05, 3/13/90, Page 21
1 5. (continued)
2 Sieve Test Standards
3 For Approved Fill Soil
4 Sieve Test Percent Passing
5 3/4"
85 - 100
6 #4
70 - 100
7 #60
6 - 45
8 #100
0 - 22
9 #200
0 - 7
10 6. When more than 18 inches of approved
11 fill is required, the minimum separation
12 between the toe of the fill and property or
13 easement line, or possible effluent surfacing
14 point such as a depression, cut bank, etc.,
15 shall be at least 30 feet. If the toe of the fill
16 is located at a lower elevation, the 30 feet
17 separation may be reduced. In no case shall
18 it be less than 5ste feet.
19 7. When more than 18 inches of soil fill is
20 required, the site preparation shall be done by
21 a licensed installer or the contractor shall be
22 provided with written supervision by a licensed
23 designer.
24 8. When more than 12 inches of fill soil is
25 required, the soil fill must be placed before a
26 permit is issued.
27
9. If a design t�€
28
;: .;;:<::.:;:::::::.::;;,:;::<? >> ;< >I:.:::: >.:::> >' >:::<f >:..l €:::' >: l is approved,
29
the Health Department will provide a letter
30
of intent to issue an installation permit
31
conditioned that the fill material is placed
32
properly.
34
35
i€_ t After the fill is in place
36
and spread according to the approved plan,
37
then the installation permit shall be issued.
38
B. Lateral distance between a water supply well and any
39
portion of the drainfield may be reduced to 75 feet if the
Erh Revisions to 24.45, 3/13/90, Page 22
1 well is of good design with a water -tight casing which
2 penetrates at least one impermeable clay layer.
3 C. Existing lots in Whatcom County outside of the Lake
4 Whatcom Watershed may be granted a variance from
5 present requirements for lot size for single family dwellings
6 provided:
Theze is sufficient
area accommodate
8 an absorption
field double the i i
ui
an alteinating type
absorption field,
pressure mound oir •
11 sand filter system.
-m alternating
13 a standard absoxption
field is used on lots -of
14 less • 1 7,200
square feet.
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
3. There is at least 3?t feet of original
permeable soil.
4. A radius of 100 feet drawn from the
perimeter of the sewage absorption field and
replacement area shall not encumber more
than 25 percent of any adjacent platted lot if
the plat plan approved was based upon a plan
for individual wells on each lot.
11. Pressure mound systems may be used on any sized lot
provided they comply with the standards as found in the
Design and eonstraction Nimmal for Fiff and Mound
Systems in the State of Washington by the Washffigtou
. Subsurface sand filters may be used an any sized lot
provided they comply with the standards as found in the
Interim Guidelines For Sand Filters by the Washington
State Department of Social and Health Services, October
Exji Revisions to 24.05, 3/13/90, Page 23
1 1981 .
2 24.050.090 - Regulations for New Construction Within Lake Whatcom Watershed
3 Boundaries.
4 24.05 .091 WATERFRONT ZONE:
5 A. All installations of private sewage disposal systems
6 which will discharge a solid or liquid effluent into the soil
7 or water are prohibited.
8 24.05 .092 FIRST UPLAND ZONE: (100 -500 FEET INLAND)
9 A. Minimum depth of permeable soil shall be 69N feet
10 and shall extend a minimum distance of 100 feet toward
11 the lake and shall extend a minimum distance laterally of
12 10 feet from both sides of the drainfield.
13 B. Minimum distance to ground water level or to high
14 water level, whichever is less, shall be 6M feet.
15 C. Percolation rate determination prior to installa- tion is
16 mandatory and no installations will be permitted in soil if
17 the percolation time is greater than 20 minutes to the inch.
18 D. Filling of soil to meet soil depth standards shall not be
19 permitted.
20
E. No drainfield shall be installed within 200 feet of any
21
existing private water supply utilizing lake water as a
22
source. This distance is to be measured from the point
23
that the private water supply pipe crosses the high water
24
line.
25
F. No drainfield shall be installed if the same premise is
26
to be served by private water supply utilizing lake water as
27
a source unless the installation is a minimum of 200 feet
28
from the point at which the private water supply pipe
29
crosses the high water line.
30 G. The minimum lot size shall be one -half acre or a size
31 sufficient to accommodate a drainfield area double the
32 minimum required for the structure it is designed to serve,
33 whichever is greater, thus allowing ample space for
34 reconstruction or expansion in the future.
Exhibit Revisions to 24.05, 3/13/90, Page 24
1 24.05 .093 SECOND UPLAND ZONE: (500 TO 1,000 FEET INLAND)
2
A. Minimum depth of permeable soil shall be 60 feet
3
and shall extend a minimum distance of 100 feet toward
4
the lake and shall extend a minimum distance laterally of
5
10 feet from both sides of the drainfield.
6
B. Minimum depth of ground water or to high water level,
7
whichever is less, shall be 6M feet.
8
C. Percolation rate determination prior to installation is
9
mandatory and no installation will be permitted in soil if
10
the percolation time exceeds 20 minutes to the inch.
11
D. Filling of drainfield areas to meet soil depth standards
12
may be permitted provided that the original site had a
13
minimum depth of permeable soil of 4§_-'1_ feet and that
14
the area of the fill extends laterally a minimum of 20 feet
15
outside the drainfield trenches in all directions.
16 E. The minimum lot size for each dwelling unit shall be
17 one -half acre or a size sufficient to accommodate a
18 drainfield area double the minimum required for the
19 structure it is equipped to serve, whichever is greater, thus
20 allowing ample space for reconstruction or expansion in the
21 future.
22 24.05 .094 THIRD UPLAND ZONE: (1,000 FEET TO THE
23 BOUNDARIES OF THE WATERSHED)
24 A. Minimum depth of permeable soil shall be 4M& feet
25 and shall extend a minimum distance of 100 feet toward
26 the lake and shall extend a minimum distance laterally of
27 10 feet from both sides of the drainfield.
28 B. Minimum depth to ground water or to the high water
29 level, whichever is less, shall be 6M feet.
30 C. Percolation rate determination prior to installation is
31 mandatory and no installation will be permitted in soil if
32 the percolation time exceeds 20 minutes to the inch.
33 D. Filling of soil to meet soil depth standards shall be
34 permitted provided that the original site had a minimum of
35 three feet of permeable soil and a depth to ground water
36 or lake level of at least four feet.
Exhibit Revisions to 24.05, 3/13/90, Page 25
1 E. The minimum lot size for each dwelling unit shall be
2 one -third acre or a size sufficient to accommodate a
3 drainfield area double the minimum required for the
4 structure it is designed to serve, whichever is greater, thus
5 allowing ample space for reconstruction or expansion in the
6 future.
7 24.05 .095 ALL ZONES WITHIN THE WATERSHED:
8 A. All multiple dwelling units, mobile home parks,
9 apartments and condominiums shall be served by separate
10 sewage disposal systems for each dwelling unit, provided
11 that up to four dwelling units may be served by a common
12 system if there is a maintenance responsibility agreement
13 among the several owners of a jointly -owned system.
14 B. A plan of each system installed shall be posted in the
15 premises and shall be a permanent record of its location
16 and dimensions.
17 C. The minimum septic tank capacity shall be 1,000
18 gallons.
19 D. A minimum distance of 100 feet, measured
20 horizontally, must be maintained between the closest point
21 of a drainfield and an open or enclosed drainage ditch
22 adjacent to the location of the drainfield.
23 E. In cases where the soils are of questionable
24 permeability and it is thought that a percolation test is not
25 sufficient to decide the issue regarding permeability, a sieve
26 test shall be performed in order to accurately classify the
27 soils and determine the drainage capacity in terms of the
28 soil particles involved. The Health Officer shall establish
29 standards for sieve test analysis.
30 F. Drainfields shall not be installed in areas where the
31 slope of the land exceeds fifteen 7 percent.
32 G. All septic tanks shall be of two- chambered
33 construction.
34 H. Lots in the Lake Whatcom Watershed, given
35 preliminary plat approval between September 1, 1955 and
36 January 20, 1971, may be granted a variance from present
37 requirements for lot size provided:
Exhort Revisions to 24.05, 3/13/90, Page 26
1 1. There is not less than 7,200 square feet in
2 area.
3
2. The floor of the building or buildings for
4
which the system is designed to serve is not
5
more than f 2 f /2 percent of the lot size.
6
The floor area shall include the area of all
7
structures, including second floors, basements,
8
cellars, carports, garages and accessory
9
buildings of any kind. Deed restrictions shall
10
be required prohibiting the addition of floor
11
area, parking space, patios, driveways or hard -
12
surfaced areas, in addition to that allowed in
13
the original permit until such time as the
14
dwelling is served by a public sewer system.
15
3.' There is sufficient area to accommodate
16
an absorption field double the minimum
17
requirements for the structure it is designed
18
to serve, thus allowing ample space for
19
relocation of expansion when needed.
20
21
22 24.05 .096 This section shall not be construed to permit the construction or
23 installation of septic tanks and drainfields within the city limits of
24 Bellingham, which are prohibited by said city.
25 24.05.100 - New Subdivisions and Other Land Development: Lot Sizes, Land Area.
26 24.05 .101 Approval of new subdivisions for single family dwellings where
27 there is no provision for sewer service, shall be contingent upon meeting
28 all lot size and soil requirements in 24.05.080 and 24.05.090 or the
29 following lot sizes, whichever is larger:
Exhibit A. Revisions to 24.05, 3/13/90, Page 27
1 TABLE IV: LOT SIZES FOR SINGLE FAMILY DWELLINGS AS RELATED TO WATER
2 SUPPLY, SOIL TEXTURE AND PERCOLATION RATES.
3 Percolation Rate Soil Public Private
4 Per Inch Texture Water Water
5 Less than 5 min.s
Coarse to medium sand
1 acre
2 acres
6 6 to 15 min.
Fine sand, loamy sand
15,000 sq. ft.
1 acre
7 16 to 30 min.
Sandy loam, loam
18,000 sq. ft.
1 acre
8 31 to 60 min.
Porous silt loam, silt
20,000 sq. ft.
2 acres
9 --------------------------------
19
- - - - --
Dwellings
10 .102 Approval of new land development other than subdivisions where
11 there is no provision for sewer service shall be contingent upon meeting
12 all lot size and soil requirements in 24.05.080 and 24.05.090 and the
13 following minimum land areas shall be requested:
14
------------------------------------
15
TABLE V: LAND AREA REQUIREMENTS
FOR MULTIPLE
16
DWELLINGS, MOBILE HOME AND RECREATIONAL VEHICLE
17
PARKS AS RELATED TO SOIL TEXTURE AND PERCOLATION RATES.
18
Multiple
19
Percolation Rate Soil
Dwellings
M.H.P.
R.V.P.
20
Per Inch Texture
Per Bedroom
Per Space
Per Space
21
Less than 5 min .5 Coarse - med. sand
14,000 sq.ft.
29,000 sq.ft.
14,520 sq.ft.
22
6 to 15 min. Fine or loamy sand
5,000 sq.ft.
10,000 sq.ft.
5,000 sq.ft.
23
16 to 30 min. Sandy loam, loam
6,000 sq.ft.
12,000 sq.ft.
6,000 sq.ft.
24
31 to 60 min. Porous silt loam, silt
6,667 sq.ft.
13,333 sq.ft.
6,667 sq.ft.
25 5Lot sizes for soils with percolation rates of less than five minutes can be
26 reduced by the health officer if engineering justification can be provided that shows
27 significant adverse effects on ground water quality will not occur; however, in no case
28 shall the reduced size be less than that for a percolation rate for six to 15 minutes.
Exhibit A Revisions to 24.05, 3/13/90, Page 28
1 Minimum subdivided land area for a land development shall not be less
2 than that required for a lot in a subdivision.
3 24.05 .103 Approved fill soil may be used if the following requirements are
4 met:
5 --------------------------------------
6 TABLE VI: ORIGINAL PERMEABLE SOIL OR WET SEASON WATER TABLE
7 AT DEPTH OF LESS THAN 4 FEET
8 Single Family Dwelling or Equivalent
9 (4- bedroom maximum 930 gallons maximum
10 Depth of Original
11 Permeable Soil and /or
12 Depth to Average Ground
13 Water Level During the Minimum Width
14 Wet Season Lot Sizes Requirements
15 Less than 48" but
16 at least 30" 17,000 sq. ft. 90 feet
17 Less than 30" but
18 at least 18" 1 acre 150 feet
19 Less than 18" 5 acres 300 feet
20 ------------------------------- - - - - --
21 24.05 .104 For subdivision approval, there shall be at least one soil log and
22 percolation test per acre or tract if more than one acre in size but not
23 to exceed that required in 24.05.050 A.
24 24.05 .105 All premises within a sewer service ULID and also within 200 feet
25 of an available public gravity sanitary sewer shall be connected to the
26 said sewer by a separate side sewer within twelve months of the
27 installation of the public gravity sanitary sewer. If an immediate health
Exhibit A Revisions to 24.05, 3/13/90, Page 29
1 hazard exists, immediate connection is required. When the anticipated
2 sewage flow from a premise is greater than 1,000 gallons per day, sewer
3 connections may be required at distances greater than 200 feet if the
4 health officer determines that a connection is feasible and such a
5 connection is permitted by the sewer utility.
6 24.05 .106 Approval of new commercial or industrial developments where
7 there is no provision for sewer services shall have a clear, unobstructed
8 and unpaved area sufficient for an absorption field and a replacement.
9 In no case shall there be an installation designed to discharge more
10 sewage per day per acre than indicated in Table VII.
11 -------------------------------------
12 TABLE VII: SEWAGE FLOW PER DAY PER ACRE FOR COMMERCIAL
13 OR INDUSTRIAL DEVELOPMENTS AS RELATED TO SOIL TEXTURE
14 AND PERCOLATION RATES
15 Percolation Rates Soil Sewage Flow
16 Per Inch Texture Per Day, Per Acre
17 Less than 5 min.6 Coarse to medium sand 450 gallons
18 6 to 15 min. Fine sand, loamy sand 1,305 gallons
19 16 to 30 min. Sandy loam, loam 1,089 gallons
20 31 to 60 min. Porous silt loam, silt 980 gallons
21 - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - -
22
23
24 6Sewage flow for soils with percolation rates less than five minutes can be
25 increased by the Health Officer if engineering justification can be provided that shows
26 significant adverse effects on ground water quality will not occur; however, in no case
27 shall the increase be greater than 1,305 gallons per acre.
1
2
3
4
5
A
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Erh Revisions to 24.05, 3/13/90, Page 30
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th
8
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Erhibit A Revisions to 24.05, 3/13/90, Page 31
WO
A
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Now
24.05.110 - Design. Construction, Installation Standards.
24.05 .111 The general requirements for the design, construction, installation
or alternation of sewage disposal system shall be as set forth in the
Exhibit A Revisions to 24.05, 3/13/90, Page 32
1 Design Manual: "On -Site Waste Water Treatment and Disposal System,
2 "United States Environmental Protection Agency, Report No. EPA- 625/1-
3 80 -012, October 1980. For standards not found there, the United States
4 Department of Health, Education and Welfare Public Health Service
5 Publication, No. 526, "Manual of Septic Tank Practice," shall be used.
6 These standards shall be followed except as amended or altered by these
7 regulations.
8 24.05 .112 Alternate Toilet Systems:
9 The following non -water carriage toilet systems are permitted, provided
10 that there is an adequate method of "grey- water" disposal or no running
11 water on the property. Construction and installation must meet
12 "Guidelines" published by the Washington State Department of Social
13 and Health Services, current at the time of installation.
14
A. Pit Privy: Pit privies will be constructed in such a
15
manner as to be fly -tight and prevent rodents and insects
16
from gaining access to the pit contents. The seats will be
17
constructed in such manner as to accommodate both young
18
children and adults by installing seats designed for each age
19
group. There shall be a 50 -foot setback from property
20
lines and visual screening by fences or shrubbery.
21
B. Chemical Toilet: Portable toilets may be used on any
22
lot without restriction, provided that the contents are
23
disposed of in an approved sewage system. They must be
24
constructed in such manner as to be fly -tight and prevent
25
rodents and insects from gaining access to the contents.
26 C. Composting Toilet: Composting toilets may be used if
27 there is a minimum lot size of 5 :fit acres and no running
28 water on the property. Use of compost from a composting
29 toilet for fertilizer for food crops, or pasture used by
30 animals is prohibited.
Exhibit Revisions to 24.05, 3/13/90, Page 33
1 D. Incinerator Toilet: Incinerator toilets may be used on
2 any lot without restriction provided that all sewage other
3 than "grey- water" is completely incinerated before disposal.
4 24.05.120 Installation and Alteration: Who May Perform.
5 Septic tanks, drainfields and other sewage systems shall be constructed, installed or
6 altered only by a licensed installer. Spreading, leveling and compaction of approved
7 fill for drainfield sites shall be done only by a licensed installer. This does not
8 prohibit dumping of fill on the side by unlicensed persons. Unlicensed individuals
9 may install a sewage disposal system on their own property, provided that the work is
10 performed pursuant to the provisions of these Rules and Regulations. The owner
11 exemption does not apply to builders of homes constructed for resale. All other
12 persons employed to construct, install, or alter a sewage disposal system shall be
13 employees of a licensed installer.
14 24.05.130 - Installer's License.
15 24.05 .131 It shall be unlawful to engage in the business of installing side
16 sewers or sewage disposal systems, or parts thereof, without an installer's
17 license.
18 24.05 .132 Application for an installer's license shall be made on forms
19 provided by the Health Department. License and /or application fees
20 shall be payable to the Health Department.
21 24.05 .133 The Health Department shall determine by written and /or oral
22 examination the applicant's knowledge of public health problems involved
23 in the disposal of sewage and necessary standards of design, construction
24 and installation. If the applicant does not receive a passing mark of 70
25 percent in any such examination, he €irtt shall be denied a
Exhibit Revisions to 24.05, 3/13/90, Page 34
1 license.
2 24.05 .134 An installer's - license shall
3e'<' An application for relicensing shall be made
..................................... ...............................
4 on forms provided by the health Department within the thirty -day period
5 preceding the expiration of any license.
6 24.05 .135 The Health Department may suspend or revoke any installer's
7 license if there has been a finding of incompetency, negligence, willful
8 misrepresentation, or failure to comply with these Rules and Regulations
9 or other applicable laws, rules and regulations. The installation of a
10 sewage disposal system for which a permit has not been obtained shall
11 be cause for the suspension or revocation of an installer's license.
12 24.05 .136 Before the issuance of a sewage disposal system installer's license,
13 the applicant shall file with the department a surety bond issued by a
14 surety insurer in a form acceptable to the department in the sum of
15 $2,000 running to Whatcom County. Said bond shall be conditioned that
16 the applicant will pay all amounts that may be adjudged against
17 applicant by reason of negligent or improper work or breach of contract
18 on the part of such installer. The bond shall be conditioned that the
19 holder of the license and his ffi-I� agents in performing work shall
20 exercise reasonable care and skill and comply with these rules and
21 regulations. The surety upon the bond shall not be liable in an
22 aggregate amount in excess of the amount named in the bond. The
23 bond shall be kept in effect during the period of time for which the
24 license is issued. In the event the bond is cancelled or any final
25 judgment shall impair the liability of the surety upon the bond so
26 furnished so that there shall not be in effect a bond undertaking in the
27 full amount of $2,000, the department shall suspend the registration of
28 such installer until the full bond liability unimpaired by unsatisfied
29 judgement j claims shall have been furnished.
30 In lieu of the surety bond required by this section, the applicant may file
31 with the department a deposit consisting of cash or other security
Exh_ib Revisions to 24.05, 3/13/90, Page 35
1 acceptable to the department. The health officer may promulgate rules
2 and regulations necessary for the proper administration of the security.
3 24.05 .137 An applicant whose license has been revoked shall be ineligible to
4 reapply for a license until svrty -(66) ays have passed from
5 the date of his license revocation.
6 24.05.140 - Sewage Disposal System Cleaner's License.
7 All septic tanks will be pumped and cleaned by a licensed septic tank pumper, but
8 unlicensed private parties may clean their own tanks after obtaining special permits
9 from the Health Department. Such permits must show that they are capable of doing
10 the work in a satisfactory manner and that they have a suitable site for disposing of
11 the material by underground burial.
12 24.05 .141 Application for a cleaner's license shall be made on forms
13 provided by the health department. License and /or application fees
14 shall be payable to the Health Department.
15 24.05 .142 The Health Department shall determine by written and /or oral
16 examination the applicant's knowledge of public health problems arising
17 from the handling of sewage and the safe disposal of the cleanings of
18 sewage disposal systems. If the applicant does not receive a passing
19 mark of 70 percent, he shall be denied a license.
20 24.05 .143 The applicant's equipment shall meet the requirements of
21 paragraph .147 and .. ...148 before a license may be issued.
22 24.05 .144 A cleanee shall expire on December M of each year
23 ... An application for relicensing shall be made
24 on forms provided by the Health Department within the thirty-day
25 period► immediately preceding the expiration of any
26 license.
Exhibits Revisions to 24.05, 3/13/90, Page 36
1 24.05 .145 The Health Department may suspend or revoke any cleaner's
2 license if there has been fording of incompetency, negligence, willful
3 misrepresentation or failure to comply with these Rules and Regulations
4 or other applicable laws, rules and regulations. An applicant whose
5 license has been revoked shall be ineligible to reapply for a license until
6 shay (60) ays shall have passed from the date of this
7 license revocation.
8 24.05 .146 Before the issuance of a sewage disposal system cleaner's license,
9
the applicant shall file with the department a surety bond issued by a
10
surety insurer in a form acceptable to the department running to
11
Whatcom County. Said bond shall be conditioned that the applicant will
12
pay all amounts that may be adjudged against applicant by reason of
13
negligent or improper work or breach of contract on the part of such
14
sewage disposal system cleaner. The bond shall be conditioned that the
15
holder of the license and his � agents in performing work shall
16
exercise reasonable care and skill and comply with these rules and
17
regulations. The surety upon the bond shall not be liable in an
18
aggregate amount in excess of the amount named in the bond. The
19
bond shall be kept in effect during the period of time for which the
20
license is issued. In the event the bond is cancelled or any final
21
judgment shall impair the liability of the surety upon the bond so
22
furnished so that there shall not be in effect a bond undertaking in the
23
full amount of $2,000, the department shall suspend the registration of
24
such sewage disposal cleaner until the full bond liability unimpaired by
25
unsatisfied judgment claims shall have been furnished. In lieu of the
26
surety bond required by this section, the applicant may file with the
27
department a deposit consisting of cash or other security acceptable to
28
the department. The health officer may promulgate rules and
29
regulations necessary for the proper administration of the security.
30 24.05 .147 The sewage disposal system cleaner's pump tank will be fully
31 closed and water - tight. The tank outlet device shall have a locking
32 device properly placed to ensure sanitary dumping and to prevent any
33 spillage or leakage of sewage disposal cleaner shall be constructed of
Exhibit A Revisions to 24.45, 3/13/90, Page 37
1 readily cleanable material and shall be kept in a clean and sanitary
2 condition.
3 24.05 148 Each vehicle used by a licensed sewage disposal system cleaner for
4 cleaning of sewage disposal systems shall be identified with a sign
5 reading, "Whatcom County Health Department license # The
6 letters and numbers of said sign shall be affixed on both sides of each
7 vehicle, at least one (4) inch in height and in a contrasting color to the
8 vehicle color.
9 24.05 .149 A licensed sewage disposal system cleaner shall keep records of
10 each system cleaned. The record shall include the owner or agent's
11. name, the location of the system and the site of dumping. These
12 records shall be made available to the Health Department upon its
13 request.
14 24.05.150. DESIGNER'S LICENSE:
15 It shall be unlawful to engage in the business of designing sewage disposal systems, or
16 parts thereof, without a designer's license, or registration as a civil engineer.
17 24.05 .151 Application for a designer's license shall be made on forms
18 provided by the Health Department. License and /or application fees
19 shall be payable to the Health Department.
20
21
22
23
24
25
26
27
28
24.05 .152 The Health Department shall determine by written and /or field
examination the applicant's knowledge of public health problems involved
in the disposal of sewage and necessary standards of design, construction
and installation. If the applicant does not receive a passing mark of 70
percent in any such examination, he ct shall be denied a
license.
24.05 .153 A designer's license shall expire on December 31 of each year.
An application for relicensing shall be made on forms provided by the
Health Department within the tifirty-day
F.xh —ffift A Revisions to 24.05, 3/13/90, Page 38
1 preceding the expiration of any license.
2 As a condition, precedent to a relicensing, the design' must:
3 A. Have attended at least one seminar or work session
4 sponsored by the Health Department, during the previous
5 year, or
6 B. Take the examination referred to in paragraph
7 21.152 above.
...............
..............
8 24.05 .154 The Health Department may suspend or revoke any designer's
9 license if there has been a finding of incompetency, negligence, willful
10 misrepresentation, or failure to comply with these Rules and Regulations
11 or other applicable laws, rules and regulations.
12 24.05 .155 Before the issuance of a designer's license the applicant shall file
13 with the department a surety bond issued by a surety insurer in a form
14 acceptable to the department in the sum of $2,000 running to Whatcom
15 County. Said bond shall be conditioned that the applicant will pay all
16 amounts that may be adjudged against applicant by reason of negligent
17 or improper design work. The bond shall be conditioned that the holder
..................
18 of the license and his r'�':� agents in performing work shall exercise
19 reasonable care and skill and comply with these rules and regulations.
20 The surety upon the bond shall not be liable in an aggregate amount in
21 excess of the amount named in the bond. The bond shall be kept in
22 effect during the period of time for which the license is issued. In the
23 event the bond is cancelled or any final judgment shall impair the
24 liability of the surety upon the bond so furnished, so that there shall not
25 be in effect a bond undertaking in the full amount of $2,000, the
26 department shall suspend the registration of such designer until the full
27 bond liability unimpaired by unsatisfied judgment claims shall have been
28 furnished. In lieu of the surety bond required by this section, the
29 applicant may file with the department a deposit consisting of cash or
30 other security acceptable to the department. The h ealth . . cer may
Exhibit A Revisions to 24.05, 3/13/90, Page 39
1 promulgate rules and regulations necessary for the proper administration
2 of the security.
3 24.05 .156 An applicant whose license has been revoked shall be ineligible to
4 reapply for a license until sixty -(66) #q1§NW@Ways shall have passed
5 from the date of his license revocation.
6 24.05.160 - Fees.
7 Fees shall be set and renewed annually by the Board of Health
8 posted in a fee schedule.
9 24.05.170 - Enforcement.
10 It shall be the duty of the Health Department to enforce these Rules and
11 Regulations.
12 24.05 .171 When the work of constructing, installing or altering a sewage
13 disposal system has been otherwise completed, it shall be left open and
14 uncovered and the homeowner or installer shall notify the Health
15 Department that the system is ready to be inspected. For major or
16 minor repairs this notification and inspection will be required only if so
17 indicated on the permit at the time of issuance of the permit. The
18 Health Department shall cause an inspection to be made within a
19 reasonable time, which shall not exceed 16 working hours from the time
20 of notification. If any portion of the work is covered before it is
21 inspected and approved, the same shall, when ordered, be uncovered by
22 the homeowner or installer prior to inspection.
23 24.05 .172 The Health Department is authorized to suspend any permit
24 should there be probable cause to believe that the work in progress or
and
Exhibit Revisions to 24.05, 3/13/90, Page 40
1 completed violated any provision of these Rules and Regulations.
2 Notice of suspension, and the violations causing the suspension to issue,
3 shall be forwarded by certified mail to the return address shown on the
4 permit posted at the work site. It shall be unlawful for anyone to
5 perform any work (other than remedial) or for anyone to use the system
6 while the suspension is in effect. If the violations are not cured and the
7 suspension withdrawn within ninety (90) C days of issuance,
8 the permit shall automatically expire.
9 24.05 .173 Before warrant for arrest can be issued for a Health Board Sewage
10 Rules and Regulations violation, written warnings will be given by the
11 Health Department; also a period of thirty (30) days will be
12 given for correction of the violation, except if there is an immediate
13 health hazard a warrant may be issued forthwith.
14 24.05 .174 The Health Department shall submit a violation report to the
15 office of the Prosecuting Attorney for any violation of these Rules and
16 Regulations referred for prosecution. Nothing in these Rules and
17 Regulations shall be interpreted as providing for an exclusive
18 enforcement remedy or in any way limiting enforcement alternative
19 available under these Rules and Regulations or any state statute.
20 24.05 .175 Should any person refuse to allow the Health Department to enter
21 onto property for the purpose of enforcing these Rules and Regulations,
22 the health Department may, with the assistance of the Prosecuting
23 Attorney, present an affidavit, naming the person so refusing, the
24 property involved, and the reason entry is necessary, to the Whatcom
25 County District Court, from which an authorizing Warrant may issue.
26 24.05.180 -{1i# Appeals Board /Appeals Procedure.
.................... l. A.A..A..A.:..
27 24.05 .181 APPEALS
Exhibit . Revisions to 24.45, 3/13/90, Page 41
1 Any decision or action of the Health Department with respect to
2 installation permits for new construction or major repair of a sewage
3 disposal system may be appealed to an Appeals Board. The
4 MAMIMIAppeals Board may grant a variance where there may be
5 practical difficulties or hardships under a strict construction of the local
.
6 :`t.::: >c? Such
..:::..........
7 variances may be granted by the Appeals Board with respect to any
8 standards enumerated in 24.05.080 to 24.05.110 of the Board of Health
9t€tSewage Control Rules and Regulations, but not
..............
10 otherwise. In no case shall a variance cause a violation of 24.05.060
11 entitled "General Standards ".
12 24.05 .182 ' (?A(Y -- APPEALS BOARD - MEMBERSHIP
13 The County Council shall select five (5) persons to serve as the r g
14 . C.. ttrcAppeals Board. Three members will be chosen to represent the
15 unincorporated areas, and two to represent the incorporated areas. The
......
16 length of office will be � .......
e-(5) years, and the termination of office
17 for each member shall be on consecutive years. Members can be
18 removed for cause by the € >xt< The Board
19 as a whole may hear Appeals or may divide its workload into a panel of
20 three (3j members. Staff secretarial services shall be provided by the
21 Health Department. Department staff members or supervisors who have
22 responsibility for issuance or denial of permits shall not serve as
23 secretary to the Appeals Board.
24 24.05 .183 AUTHORITY OF ?#APPEALS BOARD
25 The Appeals Board shall have authority to adopt its own rules and
26 regulations governing procedures, subject to approval by the County
27 Council.
28 A. The complaining party shall submit to the Board af Appeals d a
29 written description of the decision, action, or order appealed from and
30 the grounds for the appeal; i.e., the reasons why the Health Department
31 should have decided in favor of the complaining party, and the
32 complaining party shall mail a copy thereof to the Health Department.
Erh Revisions to 24.05, 3/13/90, Page 42
1 B. Within tea (10) t # i days of receipt of the Appeal Notice, the
2 Health Department shall mail to the Boar Fof-Appeals a , with a
3 copy to the complaining party, a letter giving the reasons for its action
4 and enclosing all documents submitted in connection with the issue.
5 C. The Appeals Board shall conduct a public hearing on the appeal
6 within sixty (60) 6Mj#&Wdays of the receipt of the Appeal Notice.
7 1. The Appeals Board shall notify the complaining party
8 and the Health Department of the time and place for the
9 review hearing and each shall be entitled to attend and
10 present any further information or evidence.
11
2. Notices of Hearings. The secretary of the Appeals
12
Board shall give due notice of place and time for hearing
13
of the appeal application to the applicant and adjacent
14
property owners, either in person or by first -class mail, not
15
less than seven (-7) da. ays and not more than thirty
16
.... ...............................
(30) Clays prior to the hearing. Said notice
17
shall state the name and address of the owner of the
18
property, the location of the property, and a brief statement
19
of the nature of the appeal. Said notice shall be sent to
20
the property owners, as appears from the authentic tax
21
records of this County of all property adjacent to, or within
22
three hundred (300) feet radius of the external boundaries
23
of the property for which the appeal is made, and the
24
number of feet occupied by all public roads, street, alleys,
25
and other public ways shall be excluded in determining the
26
300 feet requirement. The applicant shall furnish the
27
Board a complete list containing the names and last known
28
addresses of the owners of property required to be notified
29
at the time the application is filed.
30 3. The Appeals Board secretary shall provide for a public notice
Exhibit Revisions to 24.05, 3/13/90, Page 43
1 to be published at least once in a newspapez published in the
2 numieipality, or V.Phere apptopriate, in a newspaper of general
3 eirculatiort in the co= 1 "��.�.." :qi `.`;;::. not more
.............. ........................::::::. ...:.. :..::..:. ':. ..
4 than thirty (30) €days nor less than ten (10) .
5 days before the hearing. The notice shall state the place of
6 hearing, the location of the property, as well as a statement of
7 the nature of the application. It shall contain a legal
8 description of the property affected or the common or rural route
9 address, or its location by distances from the nearest major
10 street or road intersection so that the property can be easily
11 identified.
12 D. At the conclusion of the hearing, the Appeals Board may exchide
13 intexested Parties for a pxivate discussion of the issues. The Board may
14 recess for a period of up to two M weeks t € ? for the
............................
15 purpose of further study, or inspection of the site. 1<'ti€:`: "t'
...................
16 ci Wgbg� &efore recess, the Board shall py..Affilnotify all parties at
17 the hearing orally of the time when the hewing , at
18 recess has been taker� at the conclusion of the hearing,
19 arthe Appeals Board shall announce its decision on the appeal.
20 As soon as possible following the decision, the secretary shall type, and
..................
21 the Chairm= shall sign, a written report of the findings and
22 decision. Copies of the written report shall be sent to the licensed
23 designer, the owner, and the Health Department. The applicant's
24 Appeal Notice, and all documents submitted shall be teturned to the
25 ea�nerie:`::`i >'? If the decision is to den the
Y
..................
26 application, a statement shall be included to the owner, suggesting that
27 ire for consult with his th iii€* designer to determine whether
28 a different type of design might be approved.
29 E. Eithei. party within twenty (20) calendar days from :
1 Appeais Board
31 and exhibits teceived fiont the Appeals Boaid with the Whatco
-
Erh Revisions to 24,05, 3/13/90, Page 44
Y
r ■rl SVagiII
7 24.05.190 - Severability.
8 Should any part of these Rules and Regulations be declared unconstitutional or
9 invalid for any reason, such declaration shall not affect the validity of the remainder
10 of these Rules and Regulations.
1
Exyi Revisions to 24.06, 3/13/90, Page 1
REVISED BY HDAC, APPROVED 1/16/90
2 24.06
3 SOLID WASTE RULES AND REGULATIONS - STANDARDS AND PERMITS
4 24.06.010. Authority.
5 Pursuant to R.C.W. 70.95.160 and WAC 173 -304 -010, the following regulations are
6 adopted for the proper handling of solid waste in Whatcom County and its
7 incorporated cities.
8 24.06.020. Definitions:
9 In addition to the definitions adopted by reference from WAC 173 -304 -100, the
10 following general definitions shall apply:
11 BOARD OF HEALTH: Whatcom County Council.
12 Health Officer: Health Officer of the Whatcom County Health Department or his
13at authorized representative.
14 24.06.030. Solid Waste Disposal Standards:
15 24.06.031. GENERAL PROVISIONS
16 A. STATE STANDARDS:
17 Minimum Functional Standards for Solid Waste Handling WAC 173 -304 -015
18 through 173 -304 -9901, effective November 1985, and as hereafter amended
19 are adopted by reference.
Exhibit A Revisions to 24.06, 3/13/90, Page 2
1 B. LOCAL STANDARDS - PURPOSE AND INTENT:
2 The following local standards are adopted under the authority of RCW
3 70.95.160 for the purpose of clarifying inconsistencies which exist in
4 referenced standards and to establish certain local standards which are more
5 restrictive than the state standards. Local enforcement shall be based upon
6 the more restrictive standards, and shall incorporate the guidelines
7 promulgated by the county's comprehensive solid waste plan as appropriate.
8 24.06.032. STANDARDS FOR UTILIZATION OF SEWAGE SLUDGE AS
9 FERTILIZER.
10 A. STATE DOCUMENTS ADOPTED BY REFERENCE.
11 Municipal and Domestic Sludge Utilization Guidelines, Department of
12 Ecology WDOE 82 -11, effective October 1982 and Best Management
13 Practices for Use of Municipal Sewage Sludge WDOE 82 -12, effective
14 September 1982, and as hereafter amended are adopted by reference.
15 B. SLUDGE UTILIZATION SITES, GEOGRAPHIC LIMIT.
16 Each sludge utilization site permit shall be limited to a single parcel or
17 contiguous parcels of land with a single owner, a single lessee, if any, and a
18 single applicant. Contiguous parcels which have two or more owners, lessees
19 or applicants shall be treated as separate sites requiring separate permits.
20 Non - contiguous parcels of land with a single owner, lessee or applicant shall
21 be treated as separated sites requiring separate permits.
22 C. SETBACKS:
Exhibit A Revisions to 24.06, 3/13/90, Page 3
1 from the water's edge, if present, any apparent high water mark,
2 fi
or the center
3 of the course if no high water mark is discernible, and no water is present.
4 Setbacks from tidewater shall be from the extreme high tide. Setbacks from
5 ponds and lakes shall be measured from the watet's edge: WIMMMM
6 The following setbacks shall be observed when spreading sludge on land:
7
;,Mqu MR WN a r. 10 8 . .WMIN
9 Rivers, lakes, tidewater, yeariotind streams 200 ft.
10 Non-irrigation and springs 59A4 ft.
11 Irrigation wells not utilized for domestic purposes 100 ft.
12 Property lines 25 ft.
13
14 Houses on adjacent property 300 ft.
15 The Health Officer may require marking of setback lines prior to spreading
16 with a minimum of 10 marker at each comer of the property or each 300
17 feet along straight lines, or 150 feet on curved lines.
18 D. ACCESS CONTROL:
19 Sludge utilization sites on private property shall be posted "CAUTION- -
20 SLUDGE UTILIZATION SITE" at a minimum interval of 300 feet on all
21 property lines which are bordering public roads, rivers, or other public
22 property which might provide access by the general public. Such signs shall
23 remain in place for 12 months
24 fflU§ff*ffl5AA&&nless the sludge has been treated by a method in
25 VVIDOE 82-12, Appendix B.
Exhibit A Revisions to 24.06, 3/13/90, Page 4
1 E. MAXIMUM CONCENTRATION OF CADMIUM IN THE SOIL.
2 1. Spreading of sludge with a cadmium content sufficient to increase
3 aggregate concentration in the soil by over 0.45 lb. /acre (0.5 kg. /hectare)
4 during any consecutive 12 -month period is prohibited on all land except
5 licensed solid waste disposal landfills and forestry areas, or soil reclamation
6 areas. Sludge utilization in these areas is controlled by Section 3, "Sludge
7 Application to Forest Lands, Best Management Practices, WDOE 82 -12."
8 2. Spreading of sludge with a cadmium concentration sufficient to
9 result in a final concentration in the soil in excess of 4.5 lb. /acre
10 (5 kg. /hectare) to an "jib depth is prohibited on all land
11 except licensed solid waste disposal landfills.
12 F. MANAGEMENT OF SLUDGE SPREADING ON LAND TO BE
13 USED FOR FOOD CHAIN CROPS, INCLUDING ANIMAL FEED AND
14 FORAGE.
15 1. Definition: All land which has been used for production of any
16 crops used for human or animal feed, including forage, during any
17 one of the previous 5 years shall be considered to be land which
18 must meet sludge spreading standards applied to food chain crop
19 land, except that land being converted to developments other than
20 farming or residential; e.g., golf course, parks, and /or shopping
21 centers, shall not be classified as land for food chain crops
22 irrespective of the history of previous food production.
23 2. DETERMINATION OF THE BACKGROUND
24 CONCENTRATION OF SOIL CONSTITUENTS AND Ph AT
25 THE PROPOSED SITE OF SLUDGE SPREADING.
26 a. Sites shall be divided into testing areas or
27 units based upon SOIL TYPES as delineated on
28 the most recently available U.S. Soil Conservation
29 Service soil Survey maps, and the crop history for
Exh Revisions to 24.06, 3/13/90, Page 5
1
the previous growing season. A test unit area is
2
defined as a single area within any site which has
3
a single SOIL TYPE and which produced a single
4
type of crop during the previous growing season.
5
Any site which has more than one SOIL TYPE or
6
which produced more than one type of crop
7
during the previous growing season will be divided
8
into as many test unit areas as necessary to
9
achieve test unit areas with a single SOIL TYPE
10
and a single crop during the previous growing
11
season.
12 b. At least 12 core samples of soil shall be
13 collected separate locations distributed over each
14 testing unit area. Core samples shall be of
15 uniform volume taken to a depth of 6 t 8 5
16€t inches. All core samples from a single test
17 unit area shall be mixed to provide a composite
18 test sample representative of the soil from the test
19 unit are.
20 c. Soil test samples shall be collected by an agent
21 who has been approved by the Health
22 Department,
23 .
24 d. Testing shall be performed by a laboratory
25 approved by the Health Department. Approved
26 laboratories include the Oregon State University
27 Laboratory, the University of Idaho Laboratory,
28 and private laboratories which participate in the
29 Washington State University soil testing reference
30 sample program.
31 e. Initial testing of the soil shall include the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Revisions to 24.06, 3/13/90, Page 6
following: pH, CEC, soil phosphorous, soil
potassium, total cadmium, lead, copper, zinc,
nickel, and arsenic. Repeat testing shall be
required for each subsequent annual permit;
however, testing for metals other than cadmium
will not be required if the history of sludge
analysis for previous years is known, and estimates
of metals other than cadmium are less than half
the limits shown in WDOE 82 -12, Table H.
3. DETERMINATION OF COMPOSITION OF SLUDGE.
a. MINIMUM TEST REQUIRED:
The following tests are the minimum required. All tests
shall be by methods specified in WDOE 82 -12 WOM
>::: tal
solids, pH, total nitrogen, total phosphorous total potassium,
cadmium, copper, zinc, nickel, lead, arsenic and PCBs, and
other components as may be necessary to enforce standards
which may be established by the State or Federal
Government. Additional tests may be required by the
Health Officer if there is reason to believe additional toxic
materials are present in sufficient quantity to jeopardize
health when sludge is spread under the conditions of the
permit.
b. FREQUENCY OF SAMPLE TESTING.
1. Sludge samples taken directly from a sewage
treatment plant shall be routinely tested according
to the treatment plant flow rate measured in
millions of gallons per day.
Exhibit Revisions to 24.06, 3/13/90, Page 7
1 --------------------------------------
2 TABLE I:
3 Million Gals. /Day Frequency
4 Less than .5 Annually
5 .5 - 5.0 Semi - annually
6 Greater than 5.0 Quarterly
7 --------------------------------- - - - - --
8
2. Sludge taken from storage shall be sampled
9
with at least -16 sample per 1,000 dry tons.
10
These samples shall be gathered from several
11
cores taken from representative areas and mixed
12
to make each representative sample.
13
3. More frequent sampling may be required if
14
consecutive samples reveal a variance sufficiently
15
.............................
large so that there is less than a 95"9r
16
probability that the average (mean) concentration
17
of critical elements in the samples lies within (+
18
or -) z5°iat of the actual mean, or
19
otherwise at the Health Officer's discretion.
20 4. Less frequent sampling may be permitted at
21 the discretion of the Health Officer if there is
22 little variance in sludge analysis over time.
23 5. Samples of sludge from plants where sampling
24 is required more often than once every two weeks
25 may be stored at 4 degrees a
26 and composited before analysis. The
Erhibit A Revisions to 24.06, 3/13/90, Page 8
1 laboratory analysis may be performed upon a
2 composite, provided that such analysis is
3 performed at least once every four weeks.
4 c. VALUES TO BE USED FOR DETERMINATION OF
5 LOAD LIMITS.
6
1. if 5
7
a oir mor e samples are avaifable, and the
8
variance of critical elements is sufficiently low that
9
there is at least a 95% proba bility that
10
the average (mean) values are within ( + or
11
25% of the actual mean, then the
12
median value of the actual samples shall be used
13
as the basis of calculation application load limits.
14
2. If the variance of sample values exceeds the
15
above limits, or if there are less than 5
16
samples available, then the load limits will be
17
based upon an estimate of concentration 25*25
18
ct higher than the observed median.
19 4. ADJUSTMENT OF pH IN SOIL.
20 If cadmium concentration of sludge exceeds gram (2 5--s-i' mg/kg)
21 and the soil pH in the field is less than 6.5, tf= adjustment of
22 the soil to pH 6.5 prior to the time of spreading the sludge shall be
23 required. pH adjustment is not required if the soil pH is 6.5 or higher or
24 if the cadmium level in the sludge is less than
Q
25 5. HEAVY METAL LOAD LIMITS AND pH ADJUSTMENT BY
26 TEST UNIT AREAS.
27 If there are differences in pH and heavy metal content found to be
28 present on different test unit areas on any sludge utilization site,
Exhibits Revisions to 24.06, 3/13/90, Page 9
1 then separate pH adjustment and sludge loading limits shall be applied
2 as necessary to separate test unit areas within the site.
3 6. PROOF OF pH ADJUSTMENT.
4 a. Proof of pH adjustment shall be by soil tests taken as
... ...............................
5 per fl2 c. and d. above, which indicate that an
6 appropriate adjustment has been made.
7 G. OTHER SLUDGE UTILIZATION STANDARDS.
8 1. USE OF SITES SUBJECT TO FLOODING.
9 a. Definition:
10 Any site which lies within the flood plan"' of any river, as
11 delineated on FEMA maps adopted as part of the National
12 Flood Insurance Program, as areas of "Special Flood
13 Hazard " -- 100 -year flood plain, or any site which has been
14 observed to have been flooded by any adjacent river, creek,
15 lake or tidewater during any of the previous 10 years
16 shall be considered to be subject to flooding.
17 Sites which are subject to seasonal standing water due to
18 precipitation and not caused by flooding of adjacent
19 waterways shall not be considered to be subject to flooding.
20 b. Utilization of sludge on sites subject to flooding is
21 permitted only where the conditions of the management
22 plan imposed by the permit assure that the sludge is
23 immediately incorporated into the soil.
24 c. The management plan shall be devised in consultation
25 with the Soil Conservation District and shall contain a
Exhibits Revisions to 24.06, 3/13/90, Page 10
1 detailed description of topographical, erosional and
2 drainage characteristics of sites subject to flooding shall be
3 permitted only if the plan includes features designed to
4 prevent the transportation of sludge by natural processes
5 away from the state.
6 2. COVER CROPS.
7 In order to prevent erosion caused by wind or water during the
8 winter season, a cover crop must be planted not later than
9 October 15 on all sites if sludge is spread at any time after harvest
10 of the annual crop.
11 3. MINIMUM TREATMENT OF SLUDGE REQUIRED.
12 In order to mi imi e the health risk of infectious disease,
13 applications of sludge is prohibited unless the sludge has been
14 treated by one of the methods to significantly reduce pathogens
15 outlined in WDOE 82 -11, Appendix A p.15, or other methods
16 accepted by the Department of Ecology. This paragraph shall be
17 effective whenever the Department of Ecology determines an
18 adequate means of measuring the required pathogen reduction.
19 4. SLUDGE UTILIZATION PLAN TO BE APPROVED BY
20 SOIL CONSERVATION ?'?
..............................
Revisions to 24.06, 3/13/90, Page 11
1 H. SEPA POLICY - SLUDGE UTILIZATION PERMITS.
2 1. Public notice of any determination of nonsignificance shall be
3 posted on 8 -1/2" by 11" signs on the property line at each site
4 adjacent to each public road bordering the site within 7
..........
5 J l days of the determination of nonsignificance.
6 2. SPECIAL DATES APPLICABLE TO SLUDGE UTILIZATION
7 SITE PERMITS.
8 a. Permits to be issued for sludge utilization sites subject
9 to flooding as defined in 24.06.032.G.1 shall not be
10 effective prior to April 15 and shall expire on September
11 30 of each year, in order to avoid flooding immediately
12 after application of sludge. The limitations on spreading
13 dates in this sub - section shall be effective upon the
14 effective date of these regulations.
15 b. Permits issued for non -flood plain sites shall not be
16 effective prior to March 1, and shall expire on November 1
17 of each year.
18 c. The actual effective date for a specific permit may be
19 delayed if, in the judgment of the Health Officer, the site
20 is considered to have wet soils. The applicant will be
21 allowed to begin spreading after demonstrating, to the
22 satisfaction of the Health Officer, that the water table is
23 at least two feet below the surface.
Exhibit A Revisions to 24.06, 3/13/90, Page 12
1 24.06.033 SOLID WASTE INCINERATORS
2 A. LOCAL STANDARDS.
3 Incineration of waste from hospitals, nursing homes and other
4 biohazardous waste, shall be commenced within 4M hours of arrival at the
5 incinerator site, and completed within 12 hours.
6 Transfer of all waste from truck to incinerator shall be by means of
7 machinery without any direct contact of workmrnM at the incinerator,
8 except that material which has been prepackaged for transport in sealed
9 containers which are placed in an outer container which protects the handlers
10 from direct contact with the sealed container may be unloaded by hand.
11 Containers must be of combustible material.
12 The Health Officer may require testing of the effectiveness of
13 sterilization of infectious waste as necessary to assure safe handling of ash.
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Exhibit A Revisions to 24.06, 3/13/90, Page 13
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7 24.06.040 - Permit Application Preliminary Procedure.
8 24.06.041 SLUDGE UTILIZATION SITE PERMITS.
9 A. All applications for sludge utilization site permits shall be reviewed for
10 completeness, and one completed copy shall be forwarded to the Washington
11 State Department of Ecology for review and recommendation. All
12 applications will be reviewed for compliance with the Minimum Functional
13 Standards, WAC 173 -304, all applicable local ordinances, WDOE 82 -11,
14 WDOE 82 -12, and these local Board of Health Rules and Regulations.
15 B. At a minimum, each application for a permit shall contain the following
16 information upon which to base the permit:
17 1. Site Characterization.
18 a. Soils: Series, texture, depth to seasonal high water
19 table or impermeable horizon, slope.
20 b. Site: Location on topographic map, location of nearby
21 lakes, streams, rivers, wells, houses, and other relevant
22 topographic features.
23 c. Acreage and legal description of site.
24 2. Sludge and Soil Characterization.
25 a. Soil test information.
26 b. Previous sludge analysis (including number of samples).
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Exhibit Revisions to 24.06, 3/13/90, Page 14
c. History of sewage sludge applications.
3. Site Management.
a. Method of application.
b. Description of crop and management.
c. Proposed annual application rate and basis for selection
that rate.
d. Proposed site life for sludge applications.
e. Months when applications are planned.
4. Storage and Transportation.
a. How sludge is to be stored, if stored away from source.
Include runoff, access, leaching, and nuisance prevention.
b. Proposed transportation means and routes.
24.06.042 APPLICATIONS
All applications shall be signed by the applicant, lessee, if any and the
property owner.
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Exhibit A Revisions to 24.06, 3/13/90, Page 15
Officer 6 ew or com.rn:nt shaH be made by the Health ,e
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20 24.06.050 - Procedure for Approval of Permit Applications for Solid Waste Facilities
21 and Variances.
22 24.06.051APPLICATTON REVIEW
23 All applications for solid waste facility permits shall be reviewed for
24 completeness, and one completed copy shall be forwarded to the Washington
25 State Department of Ecology for review and recommendation. All
26 applications will be reviewed for compliance with the Minimum Functional
27 Standards, WAC 173 -304, all applicable local ordinances, and these Local
r Functional
ordinanees, these Local Board
Standards,
appficable loeal
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Health R-ales and
Regtflations and
payment of :.. applicable inl
permit
the
.■ Officer ..
ll issue the peimit except ■ . permits for
12 sludge
utilization
sites on land to be
used for food chairr crups and which
13 sites
require pil
adjustment as defined
in 24.06.032.F.4 shall not be issu
until
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afteir F11 adjustment
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20 24.06.050 - Procedure for Approval of Permit Applications for Solid Waste Facilities
21 and Variances.
22 24.06.051APPLICATTON REVIEW
23 All applications for solid waste facility permits shall be reviewed for
24 completeness, and one completed copy shall be forwarded to the Washington
25 State Department of Ecology for review and recommendation. All
26 applications will be reviewed for compliance with the Minimum Functional
27 Standards, WAC 173 -304, all applicable local ordinances, and these Local
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Revisions to 24.06, 3/13/90, Page 16
Board of Health Rules and Regulations.
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24.06.053ISSUANCE OF PERMITS AND VARIANCES
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Exhibit A Revisions to 24.06, 3/13/90, Page 17
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4 24.06.054APPEALS.
5 Appeals shall be filed and carried out in the manner described in section
6 24.06.060.
7 24.06.060 - Appeal of Final Decision: A1212eal Procedure and Review
8 24.06.061FILING OF APPEAL
9 A. Any person aggrieved by the approval or disapproval of an application
10 for a solid waste permit or variance may seek review from the Hearing
11 Examiner by filing a request for the same within ten i uv3 days of the
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12 approval or disapproval. eonctirrently with filing of any request for review
13 by the Hearing Examine., the aggt ieved party shaff flie a copy of the reqtresl
14 with tI€ >eii €i €i
15 B. A filing fee as established by the County Council shall be paid to the
16 Health Department upon filing a request for review by the Hearing
17 Examiner. '.."the Health Department shall distribute the funds as appropriate
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20 have been received.
22 24.06.062HEARING EXAMINER REVIEW /DECISION
23 A. The Hearing Examiner shall conduct public hearings and prepare a
24 record thereof.
25 B. At such hearings the matter shall proceed de novo and no presumption
26 shall attend the decision which is the subject of the appeal.
27 C. The Hearing Examiner shall determine whether the decision was made
28 in compliance with existing applicable statutes, rules, ordinances and policies
29 of Whatcom County and the state of Washington that relate to the disposal
30 of sewage sin scjli<ast.
Exhibit A Revisions to 24.06, 3/13/90, Page 18
1 D. The Hearing Examiner shall produce findings and conclusions, based
2 upon the record, in support of the decision of the Hearing Examiner. These
3 findings and conclusions shall also set forth the manner in which the decision
4 carries out and conforms to the existing applicable statues, rules, ordinances
5 and policies of Whatcom County and the state of Washington that relate to
6 the disposal of sewage sludge sv.
7 E. The Hearing Examiner may approve or deny the application and may
8 impose such conditions, modifications or restrictions as the Hearing Examiner
9 finds necessary to make the application compatible with applicable statutes,
10 rules, ordinances and policies relating to the disposal of sewage slu ge
11 W . Performance bonds, or other security in form acceptable to the
12 Prosecuting Attorney, may be required to ensure compliance with the
13 conditions, modifications or restrictions.
14 F. s '`: <heecision of the Hearin Examiner <'`:::'
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15 ::::.:.:::. :.::> :::> : ::::..:.:::.,.,.:.::.:..,,.,.:: shall be
16 filed with the Clerk of the Council. The decision is final when filed.
17 G. Each decision of the Hearing Examiner shall be rendered within tent
18 working days following the conclusion of all testimony and hearings, unless a
19 longer period is mutually agreed to in writing by the applicant and the
20 Hearing Examiner.
21 H. No final decision of the Hearing Examiner shall be subject to review
22 except as provided in 24.06.063.
23 24.06.063APPEAL AND REVIEW OF HEARING EXAMINER'S DECISION
24 A. Any aggrieved party may appeal any final decision of the Hearing
25 Examiner to the County Council.
Fghibit A Revisions to 24.06, 3/13/90, Page 19
1 C. A filing fee as established by the County Council shall be paid to the
2 Health Department upon filing of the appeal, and the appellant shall also
3 pay a transcript deposit fee M17-Tthe Health Department hall
4 otify the Hearing Examiner that it
5 has received the feesxf....�'. Upon
6 completion of the transcript, the appellant shall pay an additional fee equal
7 to any additional costs of preparation of the transcript.
8 D. These fees do not apply to any state or local government.
9 E. Upon receipt of the notice of appeal, deposit o$p transcript costs and
10 filing fee, the office of the Hearing Examiner shall immediately forward the
11 notice of appeal to Clerk of the Council, and shall upon receipt of the
12 transcript fee file a written transcription of the public hearing—arivorr—as
13 possible together with the entire record in the case with the County Council;
14 provided that, if all parties of record and the County Council agree,::.::.:.....
15 MM a summary of the facts or an abridged transcript may be substituted.
16 A request for a summary of the facts or abridged transcription shall be in
17 the form of a petition to the County Council.
18 F. A copy of the record on appeal shall be sent to the appellant and copies
19 shall be made available to all parties at a cost to be fixed by the Hearing
20 Examiner in the U:*:'..'.F,.,:':":':':':':':':':"':':':':': siness R—rules.
21 24.06.064V%TR=N ARGUMENT.
22 A. The appellant shall file a statement containing the appellant's basis for
23 appeal and argument.
24 B. Within two working days after receipt of the Hearing Examiner's record,
25 the County Council Office shall send a letter of notification to the appellant
26 that the statement is due. The statement and argument must be filed in
27 writing, along with a specified number of copies, with the Clerk of the
28 Council within fifteen (f5) %T.S. working days after the postmark date of the
Exhibit Revisions to 24.06, 3/13/90, Page 20
1 letter of notification.
2 C. Within two workings days of receipt of the appellant's written argument,
3 the Council Office shall send copies of that argument to any persons or
4 entities opposing the appeal. Any argument or response by any person or
5 entity opposing the appeal must be filed in writing along with '`'T- speeiied
6 number of copies s,<:». ?t ::.::.:::...;.:z' >Bttcll:::;.: within
7 0) calendar days after the postmark date the appellant's argument
8 was mailed by the Council Office.
9 D. Failure of the appellant to abide by the time limits contained herein will
10 result in automatic dismissal of the appeal.
11 E. Within Y z days after the respondent's argument
12 is filed, the County Council will issue a written decision together with
13 findings of fact and conclusions of law. This time limitation shall not apply
14 when a remand procedure is initiated.
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F. 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.
24.06.065REMAND TO HEARING EXAM NER
A. The County Council may, within its discretion, remand the case back to
the office of the Hearing Examiner if the Council finds:
1. That new evidence is available that could affect the outcome of
the case and that was not available at the first hearing.
2. That the record, in whole or part, is not sufficient for the
Council to make a reasoned decision on the appeal.
3. That the decision of the Hearing Examiner should be reversed,
and that additional information is necessary before a final decision
can be made.
28 B. The remand shall be in the form of a written order and shall state the
Exhibit Revisions to 24.06, 3/13/90, Page 21
1 specific areas to be considered by the Hearing Examiner at the remand
2 hearing. The remand hearing shall be limited to the specific areas of
3 concern stated in the remand order from the County Council.
4 C. Upon receipt of the remand order, the Hearing Examiner shall set the
5 matter for public hearing. Such hearing shall be expedited to the extent that
6 is practical, not to exceed tweak (20) working days from the receipt of
7 the remand order. Notice of the hearing shall be given to the applicant and
8 all parties of record by mail at their last known address. No other notice is
9 required.
10 D. The Hearing Examiner shall file the information requested in the
11 remand order with the Clerk of the Council as soon as possible but not to
12 exceed fifteen (15) working days from the date of the hearing.
13 24.06.066FINAL DECISION BY COUNTY COUNCIL
14 A. The County Council shall, within - working days of the
15 filing of the information from the remand hearing, issue its final written
16 decision together with findings of fact and conclusions of law.
17 B. The Council shall affirm the decision of the Hearing Examiner unless a
18 majority of the entire Council finds that the decision of the Hearing
19 Examiner is:
20 1. Based upon an error of law; or
21 2. Clearly erroneous on the entire record, with this established by
22 clear, cogent and convincing evidence.
23 C. The County Council -nrap, where its decision results in approval, €3?
24 impose, modify or delete conditions upon the permit consistent with statute,
25 regulation, ordinance or policy of Whatcom County or the state of
26 Washington. The decision of the County Council shall be final unless c
Revisions to 24.46, 3/13/90, Page 22
1 i xeview is taken x ::within tea <€ days
2 to-I t a court of competent jurisdiction.
3 D. No individual or county official shall interfere with or attempt to
4 interfere with the Hearing Examiner or the individual council members in
5 the execution of their quasi-judicial duties under this ordinance.
6 24.06.070 - Permit Expiration.
7 All permits will expire on December 31 of each year, unless there is a
8 special expiration date required by these Rules and Regulations or Health
9 Board actions.
10 24.06.080 - Permit Renewals.
11 All permit - holders except for sludge utiEzation perrait holders will
12 be notified in August of each year that renewal applications must be received
13 by September 30. Procedures for renewal permits will be the same as for
14 new permits, except that applicatiors for zenewal will not be reviewed by the
15 except as provided for in 24.06.041 through
16 24.06.054.
Exhibit A Revisions to 24.06, 3/13/90, Page 23
1 24.06.090 - Suspension and Modification of Permits.
2 24.06.091 CONDITIONS
3 Any permit issued under a solid waste regulation may be suspended by the
4 Health Officer when:
5 (a) The permit holder has violated the solid waste regulations more
6 than three {3} times within the last five (5) years; or
7 (b) The permit holder knowingly, or with reason to know, made a
8 false statement or an omission of material fact in the application for
9 a permit or any data attached thereto, or in any matter pertaining
10 to the Department's administration of the permit; or
11 (c) Operations under the permit have violated a Solid Waste
12 Regulation, and continued operation of the solid waste site poses a
13 hazard to public health which cannot be remedied by corrective
14 action; or
15 (d) The permit holder has failed to comply with any notice issued
16 pursuant to this regulation.
17 24.06092 CONTINUED OPERATION DURING SUSPENSION
18 When the Health Department finds that cause exists as provided above for
19 suspending a permit, the continued operation of the solid waste site may be
20 made conditional upon performance of steps deemed necessary by the Health
21 Officer to protect the public health, and /or the assessment of administrative
22 costs as defined in 26.06.130.
23 24.06.093 NOTICE OF SUSPENSION OR REVOCATION
24 Permit suspension or modification shall be carried out through the notice
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Exhibit A. Revisions to 24.06, 3/13/90, Page 24
provisions of this regulation. The suspension or revocation shall be effective
upon service of the notice upon the holder or operator. The holder or
operator may appeal such suspension or revocation as provided by this
regulation.
24.06.094 REFUND OF FEES
Permit fees will not be refunded to operators of facilities with suspended
permits.
24.06.095 ELIGIBILITY FOR PERMITS
Whenever a permit 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 that the same permit holder and /or site has experienced a
permit suspension under these rules and regulations, or any other comparable
regulations issued by a governmental entity of similar jurisdiction, any time
within the three (3) years immediately preceding the date of such application.
24.06.096 MODIFICATION OF PERMITS AFTER ISSUANCE
The Health Officer may modify a permit after its issuance if necessary to
make it conform to promulgation or revisions of applicable solid waste
regulations or to respond to newly discovered information pertinent to the
permitted activity. No additional fee or penalty shall be imposed.``
Revisions to 24.06, 3/13/90, Page 25
2 An aggrieved applicant may appeal a denial of a permit or suspension of a permit in
3 accordance with R.C.W. 70.95.210.
4 24.06.110 - Record-Keeping:
5 Copies of all permit applications and all administrative notes, memos, and
6 correspondence including public comments, regarding any and all sludge utilization
7 sites shall be collected and maintained by the Health Department for public
8 inspection or research.
9 24.06.120 - Special Regulations.
10 The Board may make special regulations for allowance of specific experiments in
11 sludge utilization.
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Wef . ■ OIWA kVJ
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BOOK PUBLISHING COMPANY WORKING COPY
EXHIBIT B
TO
WHATCOM COUNTY COUNCIL
ORDINANCE NO. 90 -10
AMENDING TITLE 24, THE WHATCOM
COUNTY HEALTH CODE
[Exhibit B includes amendments to Chapter 24.07]
Adopted 3/13/90
W4111-1111 4
24.07
ADMINISTRATIVE NOTICE PROCEEDINGS,
CIVIL PENALTIES AND ABATEMENT.
24.07.010 - Purpose.
The purpose of this chapter is to establish a uniform system for imposition
of civil penalties for violations of the Whatcom County Health Code.
24.07.020 - Definitions.
ADMINISTRATIVE COSTS as used in this chapter shall mean the cost of
time reasonably spent by Health Department administrative and
enforcement personnel and costs incurred for legal representation, with
regard to the specific violation for which such costs are assessed.
HEALTH OFFICER as used in this chapter shall mean the local Health
Officer as that term is used in Chapter RCW 70.05, or the Health Officer's
authorized representative.
NUISANCE as used in this chapter is defined as unlawfully doing an act,
or omitting to perform a duty, which act or omission either annoys, injures
or endangers the comfort, health or safety of others, offends decency, or
unlawfully interferes with, obstructs, or tends to obstruct, or render
dangerous for passage, any lake or navigable river, bay, stream, canal or
basin, or any public park, square, street, or highway; or in any way renders
other persons insecure in life, or in the use of property.
PERSON as used in this chapter shall include any natural person,
organization, corporation or partnership and their agents or assigns.
PUBLIC NUISANCE as used in this chapter is defined as a nuisance which
affects the rights of community or neighborhood, although the extent of the
nuisance may be unequal.
HEALTH REGULATION(S) as used in this chapter shall include any
existing or future provision contained in the Whatcom County Health Code
(Ordinance 89.24, as amended and codified as WCC Title 24 and referred
to herein as "WCHC ") and shall also include any condition of a permit
issued pursuant to WCHC, and shall include any rules of the State Board
of Health and any state or federal regulations adopted by reference by the
Board.
24.07.030 - Administration - Civil Penalties.
The Health Officer is hereby authorized to utilize the procedures of this
24.07 (New Chapter), 1/16/90, Page 2
chapter in order to enforce any health regulation.
24.07.040 - Violations as Nuisances.
All violations of health regulations are determined to be detrimental to the
public health, safety, and welfare and are hereby declared to be public
nuisances. All conditions which are determined by the Administrative
Officer to be in violation of any health regulations shall be subject to the
provisions of this chapter and may be corrected by any reasonable and
lawful means as provided herein.
24.07.050 - Civil Penalty.
In order to encourage compliance with the health regulations and with the
conditions of permits issued under these health regulations, a system for
imposing civil penalties is hereby adopted.
In addition to or as an alternative to any other judicial or administrative
remedy provided herein or by law, any person who violates a health
regulation, shall be subject to a civil penalty. Each day during which a
violation continues uncorrected shall be deemed a separate violation.
Except where provided otherwise herein for specific violations the penalty
shall be in an amount of up to one hundred dollars ($100) per day for any
violation and will be directly assessed by the Health Department until such
violation is corrected. The penalty shall be up to two hundred dollars
($200) per day for the second separate violation and up to three hundred
dollars ($300) per day for the third separate violation of the same
regulation within any five -year period.
All civil penalties collected pursuant to this regulation shall be deposited
in the County Current Expense Fund.
24.07.060 - Civil Penalties for Sludge Spreading.
Penalties for non - correctable violations under 24.06.030 shall be as follows:
A. Set backs:
Property lines, $50 each (Maximum $200 each permit).
House on adjacent property, $50 each
Irrigation wells, $100 each.
Rivers, streams, lakes, $150 each.
Water supply wells, $200 each.
B. Tonnage per acre of sludge which exceeds the limit
established by the sludge utilization plan; for nitrogen
applications, if exceeded by 20 percent or more, $50 per acre;
24.07 (New Chapter), 1/16/90, Page 3
for cadmium applications, if exceeded by 20 percent or more,
$10 per acre.
C. Cover crop not planted, $10 per acre.
D. Dates of compliance violated, $20 per acre.
24.07.070 - Abatement.
In addition to any other remedy provided herein or by law, the
Administrative Officer may require any violation of a health regulation to
be abated. The Administrative Officer may require any person, who creates
or maintains a public nuisance caused by violation of any health regulation,
to commence corrective work and to complete the work within such time
as the Administrative Officer determines reasonable under the
circumstances. If the required corrective work is not commenced or
completed within the time specified, the Health Officer may proceed to
abate the public nuisance and cause the work to be done. The Health
Officer will charge the costs thereof as a joint and several personal
obligation of each person who is in violation. The costs of abatement may
include administrative costs.
24.07.080 - Notices of the Health Officer.
24.07.081 - Commencement of Proceedings.
Whenever the Health Officer has reason to believe that a violation of a
health regulation will be most promptly and equitably terminated by an
administrative notice proceeding, the Health Officer shall issue a written
notice directed either to the owner or operator of the source of the
violation, the person in possession of the property where the violation
originates, or the person otherwise causing or responsible for the violation
or any of them. The notice may be posted on the property in addition to
service of notice as provided in 24.07.100 and shall contain:
A. The street address when available and a legal description of real
property and /or description of personal property sufficient for identification
of the location of the violation;
B. A statement that the Health Officer has found the person to be in
violation of a health regulation, with a brief and concise description of the
conditions found to be in violation;
C. A statement of the corrective action required to be taken. If the
Health Officer has determined that corrective work is required, the notice
shall require that all permits be obtained and the work be commenced
24.07 (New Chapter), 1/16/90, Page 4
and completed within such time as the Health Officer shall determine is
reasonable under the circumstances;
D. A statement specifying the amount of any civil penalty assessed on
account of the violation, if such civil penalty is assessed in connection with
said notice, and, if applicable, the conditions on which the assessment of
such civil penalty is contingent;
E. Statements advising that:
(1) if any required work is not commenced or completed
within the time specified, the Health Officer may proceed to
abate the violation and cause the work to be done and charge
the costs thereof, including administrative costs, as a joint and
several personal obligation of any person in violation;
(2) if a civil penalty is not assessed, it may assessed, or if any
assessed civil penalty is not paid, the Health Officer will
charge the amount of the penalty as a joint and several
personal obligation of any person in violation; along with
administrative costs;
F. A statement advising that the notice shall become final unless, no later
than 10 working days after the notice is served, any aggrieved person
submits in writing a notice of appeal to the Health Officer.
24.07.100 - Method of Servicing Health Officer's Notice.
Service of the notice shall be made upon all persons identified in the notice
either personally or by mailing a copy of such notice by certified mail,
postage prepaid, return receipt requested to such persons at their last
known address. If the address of any such person cannot reasonably be
ascertained, then a copy of the notice shall be mailed to such person at the
address of the location of the violation. The failure of any such person to
receive such notice shall not affect the validity of any proceedings taken
under this chapter. Service by certified mail in the manner herein provided
shall be effective on the date of mailing.
24.07.110 - Hearing and Appeals.
24.07.111 - Notice of Appeal.
Any aggrieved person may appeal any administrative notice, any assessment
of civil penalty, or stop work order by submitting to the Health Officer a
written request for a hearing within 10 working days of the service of the
notice. The notice of appeal shall cite the notice appealed from and
24.07 (New Chapter), 1/16/90, Page 5
contain a brief statement of the reasons for seeking an appeal hearing.
24.07.112 - Notice of Appeal Hearing.
After receipt of a notice of appeal, the Health Officer shall transmit the
notice of appeal, and the notice appealed from, to the Hearing Examiner.
An appeal hearing shall be conducted on the record. Written notice of the
time and place of the hearing shall be given at least 10 working days prior
to the date of the hearing to each appealing party, to the Health Officer
whose notice is being appealed, and to all other interested persons who
have requested in writing that they be so notified.
24.07.113 - Conduct of Appeals.
All appeals shall be conducted in accordance with Washington
Administrative Code Chapter 1 -08, "Uniform Procedural Rules ", provided
however, that Section 1 -08 -590 shall be excluded. Should any conflict arise
between the provisions of this regulation and the applicable section of
WAC Chapter 1 -08, the provisions of this chapter shall prevail. For the
purpose of this chapter, all references in the WAC to "agency" shall mean
"Hearing Examiner." In addition to the other authority as contained in the
WAC, the Hearing Examiner may promulgate and adopt such additional
rules as are necessary for the conduct of a hearing.
24.07.114 - Findings and Decisions.
Within 10 working days following review of the evidence submitted, the
Hearing Examiner shall make written findings and conclusions, and shall
affirm or modify the notice previously issued if the Hearing Examiner finds
that a violation has occurred. The written decision of the hearing Examiner
shall be mailed by certified mail, postage prepaid, return receipt requested,
to all the parties.
24.07.115 - Time Limitations.
The appeal hearing before the Hearing Examiner shall occur within 60
calendar days following receipt by the Health Officer of the written notice
of appeal, unless continued, in writing, at the request and consent of the
interested parties.
24.07.116 - Notice of Appeal.
Whenever possible, the appeal from the Health Officer's administrative
notice shall be combined with any other appeal from enforcement actions
relating to the same subject matter and falling within the jurisdiction of the
Hearing Examiner.
24.07 (New Chapter), 1/16/90, Page 6
24.07.120 - Final Determination.
24.07.121 - Finalization of Administrative Notice.
Any administrative notice duly issued by the Health Officer pursuant to the
procedures contained in this ordinance shall become final 10 working days
after its issuance, unless a written notice of appeal is timely received.
24.07.122 - Finalization of Hearing Examiner's Decision.
The Hearing Examiner's decision shall become final 20 working days after
mailing unless within that time period an aggrieved person initiates review
by writ of certiorari in the County Superior Court, or as otherwise provided
by applicable law.
24.07.130 - Supplemental Notice.
The Health Officer may at any time add to, rescind in part, or otherwise
modify a notice by issuing a supplemental notice. The supplemental notice
shall be governed by the same procedures applicable to all notices as
contained in this regulation. The authority granted to the Health Officer
by this section includes without limitation the discretion to reduce or waive
any civil penalty imposed under the authority of this chapter, and may be
exercised at any time, whether or not appeal to the Hearing Examiner or
Superior Court has been taken.
24.07.140 - Notice Enforcement.
24.07.141 - Enforcement of Final Notice.
If, after any notice has become final, the person to whom such order is
directed fails, neglects, or refuses to comply with such notice, including
refusal to pay a civil penalty assessed thereunder, the Health Officer may
enforce the rules and regulations cited in the notice by any means
authorized herein or as otherwise authorized by law.
24.07.142 - Enforcement Stayed Pending Appeal.
Enforcement of any notice and order of the Health Officer issued pursuant
to this chapter shall be stayed during the pendency of any appeal under this
regulation, except where the Health Officer determines that the violation
will cause immediate and irreparable harm and so states in the notice, or
where a "stop work order" has been duly issued. Civil penalties assessed
for a continuing violation shall accumulate during the pendency of an
appeal concerning that violation, but shall not become due and payable
24.07 (New Chapter), 1/16/90, Page 7
until the notice appealed from has become final.
24.07.150 - Suspension and Revocation of Permits.
24.07.151 - Suspension and Revocation Authorized.
The Health Officer may suspend or revoke any permit issued under the
health regulation or:
A. Failure of the holder to comply with the requirements of
any health regulation, or
B. Failure of the holder to comply with any notice issued
pursuant to the health regulations, or
C. Wrongful interference with the Health Officer in the
performance of his duties, or
D. Discovery of the Health Officer that a permit was issued
in error or on the basis of incorrect information supplied to
the Health Department.
24.07.152 - Notice of Revocation /Suspension - Appeal.
Such permit, suspension or revocation shall be carried out through the
notice provisions of this chapter, and the suspension or revocation shall be
effective upon service of the notice upon the holder or operator. The
holder or operator may appeal such a suspension or revocation as provided
by this chapter.
24.07.160 - Civil Suit for Collection of Penalties and Costs of Abatement and
Enforcement of Lien.
The Whatcom County Health Department may institute a civil suit in any
court of appropriate jurisdiction for the collection of any civil penalty
imposed, for the cost of any work of abatement, and for its administrative
costs pursuant to this regulation, against any person whose violation or
violations of health regulation resulted in the penalty, the abatement, or the
costs. The civil penalty, the costs of abatement, and the administrative
costs are also joint and several personal obligations of any person in
violation.
24.07.161 - Civil Suit Authorized.
Whatcom County Health Department may institute a civil suit in any court
of appropriate jurisdiction for the collection of any civil penalty imposed,
24.07 (New Chapter), 1/16/90, Page 8
for the cost of any work of abatement, and /or for its administrative costs
pursuant to this chapter, against any person whose violation or violations
of a health regulation resulted in the penalty, the abatement, or the costs.
The civil penalty, the cost of abatement, and the administrative costs are
also joint and several personal obligations of any person in violation.
24.07.162 - Lien Authorized.
The Whatcom County Health Department shall have a lien for any civil
penalty imposed, the cost of any work of abatement, and /or its
administrative costs which may be foreclosed and enforced in the civil suit
authorized by this chapter against the real property on which the civil
penalty was imposed, the administrative cost incurred, or any of the work
of abatement was performed.
24.07.163 - Notice of Lien.
The notice of the Health Officer pursuant to this chapter shall also give
notice to the owner that a lien for the civil penalty, cost of abatement
and /or administrative costs may be claimed by the Health Department.
24.07.164 - Priority of Lien.
The lien claimed shall be subordinate to all existing special assessment liens
previously imposed upon the same property and shall be paramount to all
other liens except for state and county taxes with which it shall be on a
parity.
24.07.165 - Claim of Lien.
A. GENERAL.
The Health Officer shall cause a claim of lien to be filed for record in the
recording department of the Whatcom County Auditor within 90 calendar
days from the date of completion of the work or abatement performed
pursuant to this regulation, or 90 calendar days from the date the notice
of the Health Officer becomes final.
B. CONTENTS.
The claim of lien shall contain the following:
(1) The authority for imposing a civil penalty or proceeding
to abate the violation, or both;
(2) A brief description of the civil penalty imposed or the
abatement work done, or both, including the violations
charged in the duration thereof, including the time the work
24.07 (New Chapter), 1/16/90, Page 9
is commenced and completed and the name of the persons or
organizations performing the work;
(3) A description of the property to be charged with the
Hen;
(4) The name of the known owner or reputed owner, and
if not known, that fact shall be alleged; and
(5) The amount, including lawful and reasonable costs, for
which the lien is claimed.
C. VERIFICATION.
The Health Officer or his authorized representative shall sign and verify the
claim by oath to the effect that the affiant believes the claim is just.
D. AMENDMENT.
The claim of lien may be amended in case of action brought to foreclose
same, by order of the court, insofar as the interests of third parties shall
not be detrimentally affected by amendment.
24.07.166 - Recording.
The Health Officer shall record and index -the claims and notices described
in this chapter.
24.07.167 - Duration of Lien - Limitations of Action.
No lien created by this chapter binds the property subject to the lien for
a period longer than one year after the claim of lien has been filed, or if
no lien claim is filed, then one year after the final order against any
person, unless an action is commenced in the proper court within that time
to enforce the lien or collect the civil penalties, administrative costs and
costs of abatement.
24.07.168 - Foreclosure.
A. PARTIES.
All persons who have legally filed claims of liens against the same property
prior to commencement of the action shall be joined as parties, either
Plaintiff or Defendant.
B. ACTIONS SAVED.
Dismissal of an action to foreclose a lien at the instance of a Plaintiff shall
not prejudice another party to the suit who claims a lien.
24.07 (New Chapter), 1/16/90, Page 10
24.07.169 - Severability.
Should any section, subsection, paragraph, sentence, clause or phrase of this
chapter be declared unconstitutional or invalid for any reason, such decision
shall not affect the validity of the remaining portions of this chapter.