HomeMy WebLinkAboutord1989-023Nor - Bell.ln
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INTRODUCED BY: Consent
PROPOSED BY: County Executive
DATE: March 2, 1989
5 ORDINANCE NO. 89 -23
6 ESTABLISHMENT OF SIX MONTH CASH
7 FLOW LOAN FROM THE EMERGENCY CONTINGENCY
8 FUND TO THE NOR -BELL CARE CENTER FUND
9 WHEREAS, The Nor -Bell Care Center Fund must continue to register
10 warrants to cover cash flow needs; and
11 WHEREAS, these registered warrants, when redeemed and rolled over
12 continue to accrue to the maximum debt limit allowed by the Federal
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government above which
arbitrage interest earnings must be
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reimbursed; and
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WHEREAS, the County may have
interim financing needs during 1989 for
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capital projects, thus registered
warrants should be limited;
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NOW, THEREFORE BE IT ORDAINED by the Whatcom County Council, the
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Emergency Contingency Fund
shall provide a six month continuation
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cash flow loan of $70,000
to the Nor -Bell Care Center Fund at 6%
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simple interest payable in
full at the end of the loan period, being
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August 21,1989.
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ADOPTED this 16th day
of March 1989.
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WHATCOM COUNTY CIL
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ATTEST:
WHATCOM COUNT , H NGT
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RAMONA REEVES
D LD G. H Y
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CLERK OF THE COUNCIL
HAIRMAN
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APPROVED AS TO FORM:
( APPROVED ( ) VETOED
LL
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��
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Deputy Prosecuting Attorney SHIRLEY VAN tANTEN,EXECUTIVE
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Date signed: 3- /7 -zf7
32 Ordinance
WHATCOM COUNTY HEALTH DEPARTMENT ORDINANCE
Final version (adopted March 30, 1989)
AMMEMINMEMM
Executive
Law Library
City of Lynden
City of Sumas
City of Nooksack
C't f B II' h
i y o a i "g am
City of Lynden
City of Everson
City of Blaine
City of Ferndale
Public Works
Bonnie Strode, Water Dist. 10
Dr. Jones, Health Department
Hearing Examiner
Marge Laidlaw
Day: Cottin ham Prosecut
Geri a=t w to
Counc'i -I'- i es or codification;
Total copies ordered: 19 '
1 reference)
[if you notice any missing pages, please contact
the Council Office as soon as possible
((206) 676 -6690 or 384- 1403). Thank you!]
x
a
I HEALTH.ord INTRODUCED BY: Consent
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obligation of complying with Its requirements upon the owner and actor.
2 [FINAL] PROPOSED BY: Pros, Atty.
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Nothing contained in this Title shall be construed to relieve from or to
3 DATE: 2 -16 -89
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lessen the responsibility or liability of any actor or landowner for action
1 ORDINANCE NO. 89 -24
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taken or failure to take action, nor shall the County of Whatcom or any
2 AMENDING THE WHATCOM COUNTY CODE, ADDING TITLE 24,
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officer, agent, or employee thereof Incur or be held as assuming any liability
3 THE WHATCDM COUNTY HEALTH CODE
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by reason or In consequences of any permission, certificate of Inspection,
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5 WHEREAS, the state of Washington has authorized the counties to
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inspection or approval authorized herein, or Issued or given as herein
6 establish and organize a local health board and health department under RCW
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provided, or by reasons or consequence of any things done or acts performed
7 70.05; and
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pursuant to the provisions of this Title.
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9 WHEREAS, the combined Bellingham - Whatcom County Health District will
10 dissolve on March 31, 1989; and
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24.01.020 - Establishment.
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12 WHEREAS, the Whatcom County Council must supervise all matters
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Under authority of the Whatcom County Home Rule Charter Section 2.20(c), RCW
13 pertaining to the preservation of the life and health of the people within Its
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70.05, and other applicable state statutes, there is hereby created a Health
14 Jurisdiction as allowed by RCW 70.05.060;
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Department (hereafter referred to as the "department "), an executive
i6 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the
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department. The department shall commence operation on April 1, 1989;
17 schedule of fees and charges for the Whatcom County Health Department,
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provided, however, that the County Executive may take any preliminary or
18 attached to this ordinance as Exhibit All, are adopted for the remainder of
19 1989; and
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transitional steps necessary for the formation of the department and the
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Implementation of this chapter.
21 BE IT FURTHER ORDAINED that Chapter 2.42 of the Whatcom County Code Is
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22 hereby repealed, since Its content will be reflected in Title 24; and
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24.01.030 - Administration.
24 BE IT FURTHER ORDAINED by the Whatcom County Council that the following
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25 are hereby adopted by ordinance as the Whatcom County Health Code (WCHC), to
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The department shall be administered by an administrative officer who shall be
26 be codified as Whatcom County Code Title 24 in its entirety:
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the County Executive, in accordance with RCW 70.05.045. The County Executive
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28 TITLE 24
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shall appoint a Health Officer, who shall also serve as administrative
29 WHATCOM COUNTY HEALTH CODE
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director, to manage the department and who shall have the qualifications as
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31 24.01
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stipulated by law. The County Executive may, alternatively, with the consent
32 PURPOSE.LIMITATION ON LIABILITY AND DEPARTMENT ESTABLISHMENT.
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of the Council, but only as an interim measure for a period not to exceed 120
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days, appoint an administrative officer separate frog, the Health Officer. The
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appointment of the Health Officer and /or administrative officer shall be
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confirmed by the County Council. These appointees shall serve indefinite
36 This Title is enacted as an exercise of the police power for the benefit of
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terms at the will of the Executive, and may be removed by the Executive upon
37 the people at large. It is not Intended to create a special relationship or
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the filing of a statement of reasons therefore with the County Council.
38 private right with any individual or individuals, nor to identify any
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39 particular Glass of persons. The purpose of this Title Is to provide minimum
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24.01.040 - Powers and duties of administrative officer.
40 standards to safeguard public health and welfare by regulating and controlling
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41 the activities considered herein and any related work. It is not the intent
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The powers and duties of the administrative officer may be delegated to the
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Health Officer or such other administrative officer as appropriate, and shall
42 of this Title to impose liability upon the County for failure to perform any
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Include such powers and duties as provided In RCW 70.05.060, set out here for
43 discretionary act. Rather, It is the intent of this Title to place the
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reference, and other administrative duties that may be established by state or
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county law:
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A. Enact such local rules and regulations as are necessary in order
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to preserve, promote, and improve the public health and provide for
A. Enforce the public health statutes of the State and the rules and
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the enforcement thereof.
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regulations promulgated by the State Board of Health and the secretary
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B. Establish fee schedules for Issuing or renewing license or permits
of Social and Health Services.
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for such services as are authorized by the law and the rules and
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regulations of the State Board of Health; such fees for services shall
B. Supervise the maintenance of all health and sanitary measures for
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not exceed the actual cost of providing any such services.
the protection of the public health within Its Jurisdiction.
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C. Meet from time to time with representatives of the cities with
C. Provide for the control and prevention of any dangerous,
contagious, or Infectious disease within the Jurisdiction of the
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which the department may contract to review performance and service
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provision.
health department.
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D. Make recommendations to the Executive on matters affecting public
D. Provide for the prevention, control and abatement of nuisances
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detrimental to the public health.
health.
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24.01.070 - Election of Advisory Committee Chairperson, public meetings.
E. Make such reports to the state board of health through the local
health officer or the administrative officer as the State Board of
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bylaws,
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Health may require.
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Immediately after appointment, the members of the Health Advisory Committee
24.01.050 - Creation of Health Board.
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shall meet and select a chairperson to serve until the next following County
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Council reorganization. Annually thereafter the appointed members shall
The Whatcom County Council shall constitute the official County Health Board,
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choose a chairperson. Meetings of the Advisory Committee shall be subject to
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the Open Meetings Act, RCW 42.30 et seq., and the Advisory Committee shall
In accordance with RCW 70.05.030, and shall create a Health Department
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adopt, subject to change insofar as appropriate considering the
Advisory Committee composed of three County Council members appointed by the
County Council. Two representatives from the City of Bellingham appointed by
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reorganization, and considering its status as an advisory board to the County
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Council, the operational by -laws of the Bellingham- Whatcom County District
the Bellingham City Council, one representative from the small cities
appointed by the small cities, and one representative from the unincorporated
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Board of Health.
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rural areas appointed by the County Council. Unless the chair determines
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24.01.080 - Contracts for the sale of health services,
there is not business for It, the Advisory Committee shall meet before every
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regular Council meeting as Its members shall determine; It shall be delegated
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X081 FOR 1989.
authority to hold public hearings on behalf of the Council; It shall review
matters within the Jurisdiction of the Health Board and shall make
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For the nine months from April 1, 1989 to December 31, 1989, the
recommendations to the Council for action.
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Department shall provide health services to the cities of Whatcom
24.01.060 - Powers and Duties of Health Board,
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County of the same quantity and quality as has been done In the past,
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and at a cost determined by the Health District's 1989 budget, based
The Whatcom County Council in Its capacity as Health Board shall have the
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on the formula which has heretofore been employed for that purpose.
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following legislative powers, in accordance with RCW 70.05.060, and other
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.082
legislative duties that may be established by state or county law:
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After 1989, In accordance with RCW 70.10.150, the Department shall
cooperate with and enter into contracts or Interlocal agreements with
the cities In the county to provide those cities health services,
which may Include enforcing appropriate city ordinances as has been
done In the past. The contracts shall be on such terms and under such
conditions as the Executive shall negotiate and they shall be approved
by the County Council In Its annual budget. The department may
receive monies from public and private entities to carry out services
set forth in this chapter.
24.01.090 - Consensual contracts entered Into by the Health District.
All consensual contracts, agreements, rights, and obligations either In favor
of or against the Health District at the time this ordinance becomes effective
shall continue in full force and effect, and responsibility therefore shall be
transferred to the Whatcom County Health Department.
24.01.100 - Non - consensual claims against the Health District.
Non - consensual claims against the Bellingham- Whatcom County Health District,
Health Officer or Health Board claimed to be caused before the effective date
of this ordinance from such things as, but not limited to, nonfeasance,
misfeasance, malfeasance, negligence, Interference with contractual relations,
breach of contract, or lack of due process are not assumed by the Whatcom
County Health Department. Whatcom County may administer such claims as It
deems appropriate, and shall charge the cost of administration of the claim
and /or the cost of any settlement, award or damages agreed or determined owing
as a result of actions of the Health District or its agents back against the
entities which comprised the Health District In accordance with the same
formula which would have been used to determine contributions had the District
not been dissolved.
24.01.110 - Severabllf y.
If any part of this Ordinance is deemed Illegal, the validity of the remaining
portions shall not be affected and the rights and obligations of the parties
shall be construed as If the ordinance did not contain the particular illegal
part. If It would appear that any provisions of this ordinance are in
conflict with any statutory provisions of the State of Washington, such
1 provision of the ordinance shall be deemed Inoperative and void and shall be
2 modified to conform to such statutory provision.
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6 24,42
7 MOBILE HOME PARK REGULATIONS
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9 24.02.010 - Definitions.
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11 "Health Officer" - the legally designated health officer as defined in
12 RCW 70.05.010 (2) or his authorized representative.
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14 "Person" - Any Individual, firm, corporation, partnership, association
15 or an agent of any Individual, firm, corporation, partnership,
16 association or an agency of state, county or municipal government.
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18 "Service Building" - A building within a park which contains toilet,
19 lavatory and /or bathing facilities and /or laundry facilities.
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21 "Mobile Home" - A factory - assembled structure or structures
22 constructed so as to be readily movable as a dwelling unit on Its own
23 running gear and designed to be used as a dwelling unit without a
24 permanent foundation.
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26 "Mobile Home Park" - A parcel of land on which three or more mobile
27 homes are located for use as dwellings.
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29 "Permanent-Type-Sewer and Water Connections" - A durable pipe with
30 tight fitting connections.
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32 24.02.020 - New Construction Standards.
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34 .021 Plans and Specifications.
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36 A. No person shall construct or establish a new park unless
37 plans and specifications containing information adequate to
38 evaluate the proposal for compliance with these regulations
39 shall have first been submitted to and approved in writing by
40 the health officer. Plans and specifications for additions,
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extensions, or modifications to an existing park must also be
submitted to and approved by the health officer 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.
B. The content of plans and specifications submitted pursuant
to this section shall Include, but not be limited to, the
following Information:
1. The area and dimensions of the tract of land.
2. The number, size and location of spaces.
3. The location of service buildings and other structures.
4. Specifications of the water supply, sewage disposal and
solid waste management systems.
5. Specifications of all service buildings to be constructed.
C. Evaluation of land and specifications may Include a site
evaluation by health department personnel to determine if
there are site limitations relating to Installation of sewage
systems, water supplies, or other factors of environmental
health concern which may make the site unsuitable for the
proposed development.
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.
24.02.030 - Water Supply,
.031
Water supplies serving parks shall conform to the requirements
of WAC 248.54. Rules and Regulations of the state Board of
Health governing public water supplies. Where an existing
public water supply of satisfactory quantity and quality Is
reasonably available, the health officer may require
connection to, and exclusive use of, that supply.
.032
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1 Individual water service connections shall meet the following
2 requirements:
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4 a. Water riser pipes shall extend at least six Inches
5 above ground elevation. Surface drainage shall be
6 diverted away from the riser pipe.
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8 b. Underground stop and waste valves shall be
9 required and located so as to preclude sewage or other
10 contaminants from entering the stop and waste valve.
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12 24.02.040 - Plumhina.
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14 Plumbing shall conform with current edition of the Uniform Building
15 Code.
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17 24.02,050 - Sewage Disposal,
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19 .051
20 All sewage shall be discharged Into a sewage disposal system approved
21 by the local health officer. Where connection to a public sewer
22 system Is not feasible, the park shall have sewage disposal facilities
23 constructed In accordance with applicable state and local regulations.
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25 .052
26 All spaces shall have sewer connections.
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28 a. The sewer riser pipe shall be so constructed as to be
29 protected from damage and surface water drainage. A concrete
30 apron or equivalent shall be used.
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32 b. The sewer riser pipe shall be capped In an approved manner
33 when not In use.
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35 24.02.060 - Toilet. Lavatory and Bathing Facilities._
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37 .061
38 Service buildings shall be well -lit and ventilated and constructed of
39 materials which are easily cleaned. Floors in service buildings shall
40 be constructed of water- impervlous material and sloped to a floor
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drain.
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Sewer riser pipe shall be capped In an approved manner when not in
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use. Sewer line connections shall be tight - fitting.
.062
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Walls and partitions around showers, lavatories and other plumbing
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.073 SERVICE BUILDINGS /SANITARY FACILITIES.
fixtures shall be constructed of non - absorbent, waterproof material or
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All service buildings and sanitary facilities shall be kept clean and
covered with moisture - resistant material.
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in good repair.
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a. Existing lavatories, showers, and other bathing units
Toilet partitions shall be raised 12 Inches from the floor and shall
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shall provide hot water between the minimum temperature of
be so constructed as to be easily cleanable.
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100 - degrees fahrenheit and the maximum temperature of 130 -
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degrees - fahrenheit.
.064
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All service buildings and sanitary facilities shall be kept clean and
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b. If soap Is provided, liquid or powdered soap in a suitable
In good repair.
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dispenser shall be used. Bar soap shall not be provided.
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.065
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.074 SOLID WASTE CONTAINERS.
Buildings shall conform with the current edition of the Uniform
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Each park shall be equipped with adequate solid waste containers. All
Building Code.
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solid waste containers shall be constructed so as to be Insect- and
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rodent - proof, water - tight, and easily cleanable.
.066
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Hot water shall be provided for lavatories, showers, and other bathing
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.075 OCCUPANCY LIMITS.
units between the minimum temperature of 100 - degrees - fahrenheit and
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Occupancy of the park shall not exceed the capacity of the sanitary
the maximum temperature of 130 - degrees - fahrenheit.
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facilities serving the park.
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.067
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24.02.080 - Park Management.
If soap is provided, liquid or powdered soap In a suitable dispenser
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shall be used. Bar soap shall not be provided.
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Any person operating a park shall operate in compliance with these rules and
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regulations and shall provide adequate supervision to maintain the park, Its
24.02.070 - Operation and Maintenance.
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facilities and equipment In good repair and In a clean and sanitary manner.
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All mobile home parks, newly constructed or existing on the effective date of
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24.02.090 - Severability.
this ordinance shall be required to meet all maintenance and operation
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standards.
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If any provision of this ordinance or Its application to any person or
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circumstance Is held to be Invalid, the remainder of this ordinance, or the
•071 WATER SUPPLY.
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application of the provision to other persons or circumstances is not
Water supplies serving parks shall conform to the requirements of WAC
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affected.
248.54, Rules and Regulations of the State Board of Health regarding
public water systems.
.072 SEWAGE DISPOSAL.
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24.03.010 - Authority.
Pursuant to RCW 70.05.060 these rules and regulations are adopted for
the purpose of implementing and enforcing WAC 248 -84 -001 through 248-
84 -999, rules and regulations of the state Board of Health for food
service sanitation.
1. WAC 248 -84 -001 through 248 -84 -999 Food Service Sanitation as
presently adopted and hereafter amended are hereby adopted by
reference.
2. DSHS Form 9 -106 Food Service Establishment Inspection Report and
accompanying Hazard Point values for Red Critical and Blue Items, as
presently adopted and hereafter amended are hereby adopted by
reference.
"Board of Health" - Whatcom County Council.
"Health Officer" - The legally designated health officer as defined
In RCW 70.05.010
"Red Critical Items" - Those food quality and handling Items which
are most Important In the protection of health, as defined on DSHS 9-
106 Food Sergi Establishment Inspection Report.
"Blue Items" - Those sanitation, design and maintenance Items which
are less critical than Red Items, as defined on DSHS 9 -106, Food
Service'Establishment Inspection Report.
"Hazard Points" - A value score for each type of violation noted at
the time of Inspection. The value of each type of violation Is
printed on DSHS 9 -106 Food Service Establishment Inspection Report.
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1 "Food Service Establishment" - All types of establishments listed in
2 WAC 248 -84 -002 Section 11, with the following modifications:
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4 a. Tavern: An establishment In which alcoholic beverages are
5 the primary sales, and food service Is limited to food Items
6 that are received and sold prepackaged.
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8 b. Retail Grocery Store: A food service establishment listed
9 In which all potentially hazardous foods or beverages are
10 received and sold prepackaged.
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12 c. Retail Meat and Fish Markets: A food service establish -
13 ment in which potentially hazardous meat or fish products are
14 cut and /or packaged, but not cooked. This type of establish -
15 ment Includes grocery stores with fresh meat and /or fish.
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17 24.03.040 - Permits.
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19 .041 Permits will be required as provided In WAC 248 -84 -070.
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21 .042 Permits for all food service establishments except temporary
22 food service establishments will be issued to be effective from the
23 time of an Initial satisfactory Inspection and payment of the permit
24 fee for a period not to exceed one year.
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26 tQ¢} Permits for temporary food service establishments will expire
27 at the end of the event for which they are Issued, but in no case
28 shall this exceed 14 days.
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30 .044 Permits will be suspended and /or reinstated as provided In WAC
31 248 -84 -070. Any one of the following shall be grounds for suspension
32 of a permit:
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34 a. Refusal to correct Immediately any red critical item
35 violation, or,
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37 b. Finding any single red critical Item violation on two
38 consecutive Inspections within 6 months, or,
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40 c. Finding of 40 red critical Item hazard points or 100 total
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red and blue hazard points twice within a 12 -month period, or,
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24.04
2
RECREATIONAL VEHICLE PARK AND SUBDIVISION RULES
d. Finding that continued operation would otherwise
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constitute an Immediate and substantial hazard to public
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24.04.010 - Objectives.
health.
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These regulations set forth minimum requirements for development and operation
24.03.060 - Fees.
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of recreational vehicle parks and subdivisions. The regulations are
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supplemented by guidelines containing specific design Information for various
Permit fees shall be established yearly by the Council and shall be based on
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types of park developments and facilities and information as to how the
the cost of the Inspection service.
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provisions of this chapter can be met.
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74.03.070 - Severabllity.
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24.04.020 - Definitions.
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If any provision of this regulation or Its application to any person or
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"Health Officer" - The legally designated health officer as defined
circumstance Is held Invalid, the remainder of the regulation or the
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In RCW 70.05.010 (2) or his authorized representative.
application of the provisions through other persons or circumstances Is not
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affected.
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"Person" - Any individual, firm, corporation, partnership, association
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or an agent of any Individual, firm, corporation, partnership,
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association or an agency of state, county or municipal government.
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"Recreational Vehicle Park" - A parcel of land in which three or more
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sites are primarily for occupancy by recreational vehicles for travel,
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recreation or vacation uses. Only spaces In a mobile home park that
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are designated and /or are used for recreational vehicles shall
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constitute a recreational vehicle park. For the purposes of these
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regulations, the "recreational vehicle park" shall include camping
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clubs as defined In RCW 19.105.010.
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"Recreational Vehicle Subdivision" - A subdivision In which three or
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more lots are primarily for occupancy by recreational vehicles for
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travel, recreation or vacation uses.
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"Recreational Vehicle" - A vehicular type unit, as defined by the
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Department of Labor and Industries, designed for temporary living
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quarters for recreational, camping or travel use, which either has Its
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own motor power or is mounted on or drawn by another vehicle.
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"Dependent Space or Lot" - A space or lot at which there is no
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sanitary sewage connection provided.
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"Independent Space or Lot" - A space or lot at which sewer and water
services are provided for connection to a recreational vehicle.
"Sewage Dumping Station" - A facility used for removing and disposing
of sewage from recreational vehicle holding tanks.
"Service Building" - A building within a park which contains toilet,
lavatory and /or bathing facilities and /or laundry facilities.
"Guidelines" - Environmental Health Guidelines for Park Development
and Operation Developed by the Office of Environmental Health
Programs, Health Services Division, Washington State Department of
Social and Health Services, July 1977.
"New Construction" - All new recreational vehicle parks or
subdivisions or the expanded portions of existing park or subdivision
approved after the effective date of this ordinance.
24.04.030 - New Construction Standards.
.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 officer, or his
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 his representative, 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
representative.
B. The contents of plans and specifications submitted
pursuant to this section shall Include, but not be limited to,
the following information:
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1 1. The area and dimensions of the tract of land.
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3 2. The number, size and location of dependent and
4 Independent spaces.
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6 3. The location of service buildings, sewage dumping
7 stations and other structures.
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9 4. Specifications of the water supply, sewage
10 disposal, waste -water disposal and solid waste
11 management systems.
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13 5. Specifications of all service buildings to be
14 constructed.
15
16 C. Evaluation of plans and specification may include a site
17 evaluation by health department personnel to determine If
18 there are site limitations relating to Installation of sewage
19 systems, water supplies or other factors of environmental
20 health concern which may make the site unsuitable for the
21 proposed development.
22
23 D. Within 30 days following receipt of plans and
24 specifications, the health officer, or his representative,
25 shall Issue a written approval, disapproval, or Inform the
26 applicant In writing or any changes necessary to comply with
27 these regulations.
28
29 .032 WATER SUPPLY
30
31 A. Water supplies serving parks and subdivisions shall
32 conform to the requirements of WAC 248.54, Rules and
33 Regulations of the State Board of Health Governing Public
34 Water Supplies. Where an existing public water supply of
35 satisfactory quantity and quality Is reasonably available, the
36 health officer may require connection to, and exclusive use
37 of, that supply.
38
39 B. Community water points for potable water shall have
40 unthreaded faucets and shall discharge at least 30 Inches
17
18
above the ground. Suitable drainage shall be provided.
C. All spaces or lots not served by an Individual water
service shall be provided with a community water point no more
than 100 feet away.
D. If provided, individual water service connections shall
meet the following requirements:
1. Water riser pipes shall extend at least 6 Inches
above ground elevation. Surface drainage shall be
diverted away from the riser pipe.
2. Underground stop and waste valves are required and
shall be located so as to preclude sewage or other
contaminants from entering the stop and waste valve.
3. Plumbing shall conform with the current State
Uniform Plumbing Code.
4. Sewage Disposal
a. All sewage from parks and recreational vehicles
shall be discharged into a sewage disposal system
approved by the local health officer, or his
representative. 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.
b. Each park which has dependent space or lots shall
have adequate and conveniently located sewage dumping
station (s).
c. Sewage dumping stations shall consist of a trapped
4 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
1 permit periodic wash -down of the Immediate adjacent
2 areas. A sign shall be posted near the water outlet
3 Indicating that this water is for flushing and
4 cleaning purposes only.
5
6 d. Individual sewer service will not be required to
7 lots or spaces that do not have an Individual water
8 service connection. Individual sewer service will be
9 required on one -third of the spaces or lots that do
10 have Individual water service connections. Based on
11 use, the health officer may require Individual sewer
12 and water services to all spaces or lots.
13
14 1. The sewer riser pipe shall be constructed
15 so as to be protected from damage and surface
16 water drainage. A concrete apron or equl-
17 valent shall be used.
18
19 2. The sewer connection outlet must have a
20 tight fitting cap when not in use.
21
22 e. Sink wastes must be discharged Into an approved
23 fly -tight container.
24
25 5. Toilet, Lavatory and Bathing Facilities
26
27 a. Parks or subdivision shall provide conveniently
28 located service buildings or toilet facilities.
29
30 b. All dependent spaces or lots shall be located
31 within 400 feet of a toilet facility.
32
33 c. Minimum sanitary facilities required per dependent
34 space or lot in parks or subdivisions shall be
35 according to the following table:
36
19
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
29
30
31
32
33
34
35
36
37
38
39
40
21
6. Other Requirements
1
Number of Handwashing
2
Dependent Toilets Urinals Sinks
a. The maximum size of an Individual storage shed
3
Spaces or Lots Men Warren Men Men
Women
shall be 100 square feet. I
4
5
1- 15 1 1 1 1
1
b. No enclosed room shall be added to a recreational
6
16 - 30 1 2 1 2
2
vehicle.
7
31 - 45 2 3 1 3
3
8
46 - 60 2 4 2 3
3
c. Only one recreational vehicle per space Is I
9
61 - 80 3 5 2 4
4
allowed.
10
81 - 100 3 6 2 4
4
11
d. Storage sheds shall not be used for living
12
For parks or subdivisions having more than 100 dependent spaces or
13
lots, there shall be provided: One additional toilet and lavatory
for
purposes.
14
each sex for each additional 30 spaces or lots or fractional part
24.04.040 - Operation and Maintenance.
15
thereof, and one additional urinal for each additional 50 spaces of
16
lots or fractional part thereof.
All recreational vehicle parks or subdivisions shall be required to meet 1
17
all maintenance and operation standards.
18
19
d. The minimum sanitary facilities required for
.041 PERMITS
20
Independent spaces or lots shall be one toilet and one
21
handwashing sink per sex per 200 spaces or fractional
A. No person shall operate a recreational vehicle park or
22
part thereof.
subdivision unless an annual permit for said park or
23
subdivision has been Issued by the health officer, or his
24
e. Service buildings shall be well lit and ventilated
representative.
25
and constructed of materials which are easily cleaned.
26
Floors In service buildings shall be constructed of
B. The health officer, or his representative, Is authorized
27
water impervious material and sloped to a floor drain.
and directed to make such Inspections as are necessary to
28
determine satisfactory compliance with the provisions of this
29
f. Walls and partitions around showers, lavatories
chapter. The results of such Inspections shall be submitted In
30
and other plumbing fixtures shall be constructed of
writing to the park operator. For purpose of such Inspection,
31
nonabsorbent, waterproof material or covered with
the health officer, or his representative, shall have free
32
moisture resistant material.
access at reasonable times. If all standards required by this
33
ordinance are met, upon payment of a fee, the permit will be
34
g. Toilet partitions shall be raised 12 Inches from
Issued.
35
the floor and shall be so constructed as to be easily
36
cleanable.
C. Upon written notice to an operator, the health officer, or
37
his representative, may suspend or revoke the permit of a park
38
h. Buildings shall conform with the current edition
or subdivision or take such other action as he may deem
39
of the Uniform Building Code.
necessary, whenever he finds that the park or subdivision Is
40
20
22
23
not In compliance with these regulations.
1
B. If soap is provided, liquid or powdered soap in a suitable
2
dispenser shall be used. Bar soap shall not be provided.
D. Parks which are issued permits for a recreational vehicle
3
park which also have an area for mobile hones, shall not be
4
.045 ADEQUATE SOLID WASTE CONTAINERS WILL BE PROVIDED.
required to have a separate permit for the mobile home area
5
but shall have to meet all physical standards and the spaces
6
Each park or subdivision shall be equipped with adequate solid waste
may be counted In charging the permit fee.
7
containers for all occupants. All solid waste containers shall be
8
constructed so as to be Insect and rodent - proof, water -tight and
•042 WATER SUPPLY
9
easily cleanable.
10
Water supplies serving parks and subdivisions shall conform to
11
.046 OCCUPANCY LIMITS.
the requirements of WAC 246.54, Rules and Regulations of the
12
State Board of Health regarding Public Water Systems.
13
Occupancy of the park shall not exceed the capacity of the sanitary
14
facilities serving the park.
043 SEWAGE DISPOSAL
15
16
24.04.050 - Facilities Management.
A. The sewer riser pipe shall be capped In an approved manner
17
when not In use.
18
.051 PARK MANAGEMENT
19
B. Sink water must be discharged Into an approved fly -tight
20
Any person operating a park shall operate in compliance with these rules
container.
21
and regulations and shall provide adequate supervision to maintain the
22
park, Its facilities and equipment in good repair and In a clean and
C. Sewer line connections shall be tight fitting.
23
sanitary conditions.
24
D. Sewage dumping stations shall consist of a pipe connected
25
.052 SUBDIVISION MANAGEMENT
to an approved disposal system, surrounded at the inlet by a
26
concrete apron, sloped to the drain and provided with a cap or
27
The person responsible for maintaining community property and central
cover. A water outlet, equipped with a back -flow prevention
28
facllitles shall be considered to be the operator of the subdivision
device, shall be provided to permit periodic wash -down of
29
and shall be responsible for supervision and management.
the immediate adjacent areas. A sign shall be posted near the
30
water outlet indicating that this water is for flushing and
31
24.04.060 - Severabllity.
cleaning purposes oily.
32
33
If any provision of this ordinance or its application to any person or circum-
.044 ALL SERVICE BUILDINGS AND SANITARY FACILITIES SHALL BE KEPT CLEAN
34
stance Is held Invalid, the remainder of this ordinance, or the application of
AND IN GOOD REPAIR.
35
the provision to other persons or circumstances Is not affected.
A. Existing lavatories, showers and other bathing units shall
provide hot water between the minimum temperature of 100° F.
and the maximum temperature of 130° F.
25
24
1
absorption line pipes, fittings or other parts of any existing system,
24.05
RULES
2
the substitution of which does not alter, expand or relocate the
SEWAGE CONTROL AND REGULATIONS
3
system.
4
24.05.010 - Oblectives.
5
CONTAMINATION shall mean a change of the environment in such a manner
6
as to create and /or potentially create a health hazard.
Rules and Regulations defining and regulating sewage disposal systems,
7
regulating the construction, Installation, alteration, maintenance, repair and
8
CUTS and /or BANKS shall mean any naturally - occurring or human - formed
cleaning of sewage disposal systems; providing for the Issuance of permits and
9
slope which Is greater than 100 percent (45 degrees) and extends
fees therefore; licensing the Installers and cleaners of sewage disposal
10
least 5 feet from the the
systems, establishing fees and bonds therefore, requiring the connection of
vertically at the toe of slope to the top of
11
slope.
premises to a public sanitary sewer.
12
13
EXPERIMENTAL SYSTEMS shalt mean any alternative on -site system
24.05.020 - Definitions.
14
excluding a larger system which has not yet had guidelines established
15
by the technical review committee as per WAC 248 -96 -046.
For the purpose of these Rules and Regulations, the following words and
16
phrases shall have the meanings ascribed to them In this section:
17
GROUND WATER shall mean subsurface water occupying the zone of
18
saturation.
ABSORPTION TRENCH shall mean a ditch 36 Inches or less In width In
19
which a drain line is to be installed.
20
HEALTH DEPARTMENT shall mean the Whatcom County Health Department and
21
Its authorized representative.
ABSORPTION BED shall mean a ditch over 36 Inches In width or more In
22
which an array of drain lines Is to be Installed.
23
INTERMITTENT STREAM shall mean a water course that has running or
24
standing water less than 6 months a year.
BEDROOM shall mean any room normally used for sleeping. Any dwelling
unit with a total floor area (basement, first and second) of more than
25
26
LOT shall mean the entire parcel of land with fixed boundaries In
1,000 sq. feet shall be considered to have at least two bedrooms. A
27
ownership, single
9 p, which area Is for the use of the occupants of the
dwelling unit with 1,500 sq. feet shall be considered to have at least
28
building to be served by the proposed sewage disposal system.
three bedrooms, whether or not the rooms are designated as such.
29
Easements may be included In determining the boundaries of the lot.
{ 30
BOARD OF HEALTH (or health board) shall mean the Whatcom County
31
MAJOR REPAIR of a sewage disposal system shall mean the replacement of
Council.
32
an absorption field with any of the following: an absorption field
33
requiring more than 18 inches of fill soil, a pressure mound or a sand
CHEMICAL TOILET shall mean a fly- and vermin -tight building or
34
filter system.
structure housing tollet(s) and covers therefor with a means of
35
disposal" of human excrement by means of a suitable tank or vault
36
MINOR REPAIR of a sewage disposal system shall mean any alteration,
containing a chemical which will y said contents, destroy
37
potential disease- producing organisms sms with a minimum amount of
extension or relocation of the septic tank or absorption lines which
38
does not require more than 18 Inches of fill soil, or the construction
offensive odor.
39
of a pressure mound or sand filter system.
40
COMPONENT REPLACEMENT shall mean substitution of a new septic tank,
26
MOBILE HOME PARK shall mean a plot of ground In which three or more
i
sites are occupied or Intended for occupancy by mobile homes for
2
SANITARY PRIVY shall mean a fly and vermin -tight building or structure
dwelling or sleeping purposes.
3
housing toilet seats and covers therefore, with a means of disposing
4
of human excrement In such a manner as not to fall upon the surface of
NEW CONSTRUCTION shall mean a new building or structure (excepting the
5
the ground or into any water either directly or Indirectly but shall
replacement of an existing unit) or the addition of a complete
6
enter Into a vault or pit where said contents shall be at all times
dwelling unit to an existing building or structure.
7
Inaccessible to files or other vermin.
8
PERCOLATION TEST shall mean a soil test performed at the depth of the
9
SECRETARY shall mean the secretary of the State Department of Social
bottom of a proposed absorption trench or bed to estimate the water
10
and Health Services or his /her authorized representative.
absorption capability of the soil.
11
12
SOIL LOG HOLE shall mean an excavation In soil with a minimum diameter
PERMEABLE SOIL shall mean soil with a percolation time of 60 minutes
13
of 12 Inches and a depth of 4 feet or to the restrictive layer If less
to the inch or less.
14
than 4 feet.
15
PERMIT shall mean a written document Issued by the Health Department
I 16
SURFACE WATER shall mean any body of water whether fresh or marine, or
authorizing the construction, Installation, or alteration of a sewage
17
water course, including lakes, Impoundments and streams.
disposal system.
18
19
WET SEASON shall mean the period of year from December first to May
PERSON shall mean any Institution, public or private corporation,
20
first.
state agency, Individual, partnership, or owner entity.
21
22
24.05.030 - Lake Whatcom Watershed Definitions.
PREMISES shall mean any building or structure and the property on
23
I
which it Is located and surrounding area utilized by persons as a
24
FIRST UPLAND ZONE shall mean that area of land extending between 100
residence, a place of business or place of sponsored public assembly
25
and 500 feet Inland measured horizontally from the high -water line.
and Include established picnic or camp grounds.
26
27
HIGH -WATER LINE shall mean a line determined by the water's edge when
RECREATIONAL VEHICLE means a vehicular -type unit as defined by the
28
the water level of the lake is 314.9 feet above sea level.
Department of Labor and Industries, designed for temporary living
29
quarters for recreational, camping or travel use, which either has its
30
SECOND UPLAND ZONE shall mean that area extending between 500 and
own motor power or is mounted on or drawn by another vehicle.
31
1,000 feet Inland measured horizontally from the high -water line.
32
RECREATIONAL VEHICLE PARK shall mean a plot of land In which three or
33
THIRD UPLAND ZONE shall mean that area extending between 1,000 feet
more sites are occupied or Intended for occupancy by recreational
34
measured horizontally from the highwater line and the boundaries of
vehicles for travel, recreational or vacation uses.
35
the watershed.
36
RESTRICTIVE LAYER shall mean a layer that Impedes the movement of
37
WATERSHED shall be as defined In the Bellingham City Council
water, air and growth of plant roots. Examples of such layers or
38
Ordinance No. 7775.
conditions are groundwater tables, hardpans, claypans, fragipans,
39
compacted soil, bedrock and clayey soil.
40
WATERFRONT ZONE shall mean that area of land extending from the
27
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
29
30
31
32
33
34
35
36
37
38
39
40
28
29
water's edge to a line inland 100 feet measured horizontally from the
1
uniform In type throughout the absorption system area. If the
high -water line. This measurement must be made from the natural water
2
observed soil types are not consistent with the Soil Conservation
line. No artificial extension of the land by filling in of the lake
3
Service soil series, then two or more percolation tests maybe required
p y q
or construction of a bulkhead shall be allowed for the purpose of
4
by the Health Department.
Increasing the measured distance horizontally.
5
6
24.05.040 - Conforming Side Sewer or Sewage Disposal System Required,
7
TABLE I: PERCOLATION RATES OF PERMEABLE SOIL AS
8
RELATED TO SOIL TEXTURE
9
No person shall occupy or use any premises unless there is provision for the
10
disposal of all human excrement and other liquid -borne refuse by either a side
11
Percolation Rate per Inch Soil Texture
sewer or sewage disposal system constructed and Installed In compliance with
12
13
these Rules and Regulations. Existing sewer or sewage disposal systems
14
Less than 5 minutes Coarse to medium sand
6 to 15
minutes Fine sand, loamy sand
Installed prior to the effective date of this ordinance shall be exempt from
15
16 to 30 minutes Sandy loam, loam
24.05.080 and 24.05.090 but shall comply with 24.05.060 and other provisions
16
31 to 60 minutes* Porous slit loam, silt
of these Rules and Regulations.
17
18
*Soil with this percolation rate usually has a perched water table during the
19
wet season.
24.05.050 - Permit: When Needed,
20
21
Sewage Effluent Application Rates
22
From E.P.A. Design Manuai
It shall be unlawful to construct or Install or make a major or minor repair
P3
on a sewage disposal system with the exception of sanitary privies and
1 24
Percolation Rate Per Inch Soil Texture G.P.D. /Sq.Ft.
chemical toilets used In agricultural areas and construction sites, systems
i 25
requiring approval by the Department of Social and Health Services or
26
Less than 5 minutes Coarse to medium sand 1.2
Department of Ecology or component replacements without having first obtained
28
6 to 15 minutes Fine sand, loamy sand 0.8
a permit from the Health Department.
29
30
16 to 30 minutes Sandy loam, loam 0.6
31
A. Applications for permits shall be made on forms provided by the
32
31 to 60 minutes Porous silt loam, silt 0.45
Health Department. All soil logs, percolation tests and system
33
- - - - - - - - - - - - - -
deslgns shall be made by a licensed designer or registered civil
34
35
engineer. All data submitted shall be subject to review and
36
B. All applications for a permit for new construction or major
confirmation by a site Inspection prior to Issuance of a permit for
37
repairs shall Include:
new construction or major repairs. The requirement for soil logs,
38
percolation tests and site Inspections may be waived for lots In
39
1. The area, in square feet, of living area, number of
approved subdivisions, Including short subdivisions, where soil data
40
bedrooms and In the case of a commercial building, the type
Is on file at the Health Department.
41
and number of sanitary facilities.
42
Percolation rates shall be estimated from Table 1 If a minimum of 4
43
2. A complete dimensional plot sketch drawn to a scale
soil log holes show the soil horizons at the site of the proposed
44
showing any present or proposed structures, the location of
absorption field to be consistent with those in the Soil Conservation
45
any source of potable water (Including those on adjacent
Service soil series. The number of holes may be reduced by the Health
46
properties which are less than 200 feet from any point of the
Department If there is substantial reason to believe the soils are
30
31
sewage disposal system), location of domestic water lines, the
1
G. A permit shall expire within three years from the date of
direction of surface drainage.
2
issuance. A renewal shall be required unless there has been a request
3
for a Health Department inspection of work in progress prior to the
3. Any other information requested by the Health Department
4
expiration date of the permit.
(such as, but not limited to, soil test holes and percolation
5
tests) which Is reasonable and relevant to a determination as
6
H. After the permit is Issued, any alteration of plan must be
to the adequacy of the proposed installation or alteration.
7
approved by the Health Department In writing.
C. Applications for permits for minor repairs of septic tank systems
8
9
1. Emergency repairs by licensed Installers can be done on Sundays,
shall Include a sketch of the layout of the repair and any other
10
holidays, and on non - business hours, providing that a permit Is
Information as required by the Health Department. These
11
secured on the next regular working day of the Health Department.
applications may be submitted by a home owner or licensed Installer
12
provided that the premises served by the system Is an existing private
13
home which is not being enlarged. Repairs for dwellings which will be
14
24.05.060 - General Standards,
enlarged or newly constructed will require designs by a licensed
15
designer.
16
Any existing, or proposed, side sewer or sewage disposal system Is Inadequate,
17
and a violation of these rules and regulations, if the contents and /or
D. A copy of the application for new construction shall be sent by
18
discharge to or from the side sewer or sewage disposal system:
the Health Department to any water district, sewer district or city In
19
which the premises are to be located, provided such district or city
20
A. Violates any laws or regulations of Washington State governing
has requested said notice.
21
water pollution or the disposal of sewage or liquid -borne waste.
22
The permit shall not be Issued for at least thirty (30) days In
23
B. Contaminates any drinking water supply.
order that said district or city be given opportunity to provide
24
public sewer services. Upon notice by the said district or city
25
C. Pollutes or contaminates. directly or lnd[rectly. any lakes.
that the have no objection to issuance of
Y J permit, it may be Issued
26
rivers, ponds, streams, or water courses, underground or surface,
before the thirty -day waiting period.
27
fresh or salt water within the Jurisdiction of the State of
E. If the application Is in order and the proposed sewage disposal
28
Washington.
system appears to be In compliance with 24.05.060 to 24.05.090, the
29
30
D. Creates a health hazard by the contents or effluent being
Health Department shall Issue the permit provided the issuance is
31
accessible to people, animals, Insects, or other possible carriers of
within one year of the date of the approval of the application. If
32
disease.
the permit is denied, an appeal may be perfected as provided for In
33
24.05.180.
34
E. Gives rise to a nuisance due to odor or unsightly appearance.
35
F. For major or minor repairs, the need for an Inspection of the
36
24,0 070 - Connection to a Public Sanitary Sewer: When Required.
completed system will be determined at the time of the Issuance of the
37
permit, based upon the complexity of the design and the competency of
38
Connection of any existing dwelling unit or other premise with a falling on-
the person doing the repair.
39
site sewage system shall be made to a public sewer system where there is an
40
adequate public sewer within two hundred feet of the dwelling or other
33
32
1
TABLE 11: MINIMUM HORIZONTAL SEPARATIONS
facility to be served as measured along the usual or most feasible route of
2
3
Distance In feat from System Component:
access, and such connection Is permitted by the sewer utility.
4
From building
5
From edge of sewer, collec-
6
SSAS and From septic tion, and non
7
Items Requiring replacement tank and dls- perforated dis-
24.05.080 - Sewage Disposal Systems: Requirements for New Construction.
8
Setback area tributlon box tributlon line
081 New sewage disposal systems shall be located on the same lot or
9
10
Well or suction IIne1 1002 50 50
11
Water supply Iine under pressure 10 10 10
single parcel of land as the buildings they are designed to serve, or
12
Surface Water 3 1002 50 10
on adjoining property If a permanent easement (which will accommodate
13
Building foundation 10 5 -
the system) is obtained and recorded.
14
Property Imes or easement Imes 5 5 -
15
16
Interceptor /curtain drains/
.082 For new construction of sewage disposal systems or repair of
17
drainage ditches
existing systems to the extent allowed by site limitations, the
18
Upslope from system component 10 - -
following shall apply:
19
20
Downslope from system component 30 5 -
21
4
A. The absorption field must be Installed In a parcel of
22
Cuts of banks
ground which has at least 4 feet of original permeable soil
23
Minimum of five feet of original,
over any restrictive layer and /or the average wet season water
24
25
undisturbed soil above restrictive
layer or layer due to a structural
table. If a high ground water level is probable, approval for
26
or textural change 25 - -
a sewage disposal permit may be withheld until site
27
Inspections can be made between December 1 and May 1.
28
Less than five feet of original,
29
undisturbed soil above restrictive
30
layer or layer due to a structural
B. The minimum distances for location of the various
31
or textural change and that layer
components of sewage disposal systems are measured
32
is Intersected 50 - -
horizontally and shall comply with Table 11.
33
34
35
1With soli of coarse sand and on other sites where conditions Indicate a
36
greater potential for ground or surface water contamination or pollution, the
37
distance from any water supply or surface water may be increased by the health
38
officer.
39
2A reduced separation can be allowed by the health officer if it can be
40
demonstrated that the reduction will not have an adverse effect. However, in
41
no case shall the separation be less than 75 feet, except for intermittent
42
streams in which case the separation shall be 50 feet.
43
3Setbacks from surface water shall be measured from the ordinary high
44
water mark.
45
4Depth of original undisturbed soil means depth at the location of the
46
absorption system.
47
34
35
1
wet season water table of at least 24 inches.
C. Sewage disposal systems shall not be located on slopes in
2
excess of 45 percent (24 degrees). For slopes from 23 to 20
3
I. The septic tank shall have at least two compartments.
percent (13 -17 degrees) there shall be 42 inches of original
4
Tanks made of material other than concrete must be a type
permeable soil and for slopes from 31 to 45 percent (18 to 24
�
5
approved by the Department of Social and Health Services.
degrees) there shall be 60 inches of original permeable soil.
6
7
J. A septic tank designed to service a facility other than
8
one single family residence shall have a minimum liquid
D. Provision shall be made to prevent the flow of footing or
9
roof drains or any other water drainage over or onto the area
10
capacity equal to one and one half times the projected dally
sewage flow, with a minimum of 1,000 gallons.
where the sewage disposal system is located.
11
12
K. An absorption field diversion flow valve must be readily
E. The sewage disposal system must be located on a parcel of
13
accessible.
land that will accommodate an absorption field double the
14
minimum required, provided that If the installation has a
15
L. Absorption field piping materials must be of a type
septic tank system using alternating absorption fields equal
16
approved by the Department of Social and Health Services.
to 160 percent of the normal absorption field, then an area
I 17
for a replacement field shall not be required.
18
M. A sewage disposal system with a maximum flow of more than
19
3,500 gallons per day must be approved by the Department of
F. The site of the initial and replacement absorption field
20
Social and Health Services or the Department of Ecology as per
shall be selected and maintained so that It Is free from
21
WAC 248 -96 -075 or WAC 173 -240.
encroachment by buildings or other structures. The area shall
i 22
not be covered by any pavement or impervious material and not
23
N. Any on -site sewage disposal system or device other than a
be subject to vehicular traffic or other activity which would
P4
adversely affect the soil.
25
septic tank system must be of a type approved and monitored In
accordance with the rules and regulations of the Department of
26
Social and Health Services, WAC 248 -96 -046. These devices
G. The house sewer cannot be more than 12 Inches below the
27
shall include but are not limited to incinerator toilets,
finished grade where the sewer leaves the building except as
28
chemical toilets, evapo- transpiration systems, mechanical and
authorized by the Health Department.
29
aerobic treatment devices.
30
H. Absorption trenches and beds may be used provided that
31
0. Experimental sewage disposal systems are to be approved in
the absorption bed is to be constructed only In soil with a
32
accordance with WAC 248 -96 -047.
percolation rate of 15 minutes per Inch or faster (sand, loamy
33
sand). There must be at least a distance of 6 feet between
34
P. Cesspools or seepage pits are not permitted.
the - sidewalls of adjacent trenches or beds. The effluent
35
distribution pipes must be located between 12 and 18 inches
36
Q. Sewage holding tanks may not be used except In emergency
below the finished grade and are to be Imbedded in at least 12
37
or existing situations with a firm date of discontinuing their
Inches of gravel. The trench or bed cannot be more than 10
38
use not to exceed two years from the time of Installation. A
feet deep. There must be a vertical separation between the
39
management program assuring ongoing operation and maintenance
bottom of the trench or bed and a restrictive layer or average
40
shall be approved by the Health Department.
35
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
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22
23
24
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27
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30
31
32
33
34
35
36
37
38
39
40
R. For Individual residences, flows of 120 gallons per
bedroom per day may be used for design purposes.
.083 Permissible Design Alternatives:
Variances and the following design alternatives will be permissible If
the sewage disposal system Installed thereunder will not create a
health hazard, in the written opinion of the Health Officer or his
representative.
TABLE III: Original Permeable Soil or Wet Season Water Table
At Depth of Less than 4 Feet
Single Family Dwelling
or Equivalent (4 bedroom maximum 930 gallons maximum)
Depth of Original
Permeable Soil and /or
Depth to Average Ground
Water Level During the Minimum Width
Wet Season Lot Sizes Requirements
Less than 48" but at
least 30"
Less than 30" but at
least 48"
Less than 18"
17,000 sq. ft. 90 feet
1 acre 150 feet
5 acres 300 feet
A. 'A deviation from the 4 -foot depth may be given for lots
where the sizes are as shown in Table III, provided the
following construction standards are met:
1. Soil fill of an approved type shall be placed to
provide a total of 4 feet of permeable soil In an area
36
1 sufficient to accommodate the absorption field.
2 Absorption beds when placed In more than 12 Inches of
3 filled soil shall be permanent alternating type equal
4 In size to 160 percent of a normal absorption field.
5
6 Designs shall be for gravity flow to dralnfleld areas,
7 except that If there Is no location suitable for a
8 dralnfleld to be placed for gravity flow, pumping of
9 effluent to a filled dralnfleld site will be
10 permissible.
11
12 2. Each alternating absorption bed shall be sized
13 based on 96 sq. ft. of bottom area per bedroom. The
14 beds shall a maximum width of 6 feet with at least 10
15 feet between sidewalls of adjacent beds.
16
17 3. On level ground not exceeding a 5 percent grade
18 permeable soil fill at the required depth shall extend
19 to a point at least 10 feet beyond the outermost
20 absorption line. In addition to the above, when more
21 than 18 Inches of soil fill Is required, a sloping
22 buffer zone of permeable fill soil shall extend a
23 minimum of 10 feet.
24
25 4. Absorption beds or trenches may be constructed In
26 fill on ground with a grade of 6% to 12 %. Alternating
27 absorption beds shall be placed end to end, 10 feet
28 apart, following the contour of the land. Approved
29 soil fill at the required depth shall extend to a
30 point at least 5 feet beyond the outermost absorption
31 line with an additional 20 feet sloping downhill. A
32 sloping buffer zone of permeable fill soil shall
33 extend a minimum of the following distances beyond the
34 approved soil filled area: downhill, 10 feet; side, 5
35 feet; uphill, none.
36
37 5. When more than 16 Inches of soil fill is required,
38 the soil fill shall be approved based on a sieve test,
39 provided that If the soil fill is placed in the buffer
40 zone this requirement does not apply.
37
39
38
1
1 1
penetrates at least one Impermeable clay layer.
2
Sieve Test Standards
3
C. Existing lots In Whatcom County outside of the Lake
For Approved Fill Soil
4
Whatcom Watershed may be granted a variance from present
Slave Test Percent
I 5
requirements for lot size for single family dwellings
PaggLag
6
provided:
7
3/410 85 - 100
8
1. There Is sufficient area to accommodate an
04 70 - 100
9
absorption field double the minimum required or there
060 6 - 45
10
is an alternating type absorption field, pressure
0100 0 - 22
11
mound or subsurface sand filter system.
020D 0 - 7
12
13
2. An alternating absorption field rather than a
6. When more than 18 Inches of approved fill Is
14
standard absorption field is used on lots of less than
required, the minimum separation between the toe of
15
7,200 square feet.
the fill and property or easement line, or possible
i
effluent surfacing point such as a depression, cut
16
17
3. There is at least 3 feet of original permeable
bank, etc., shall be at least 30 feet. If the toe of
the fill Is located at a lower elevation, the 30 feet
18
soil.
separation may be reduced. In no case shall It be
19
20
4. A radius of 100 feet drawn from the perimeter of
less than 5 feet.
j21
the sewage absorption field and replacement area shall
7. When more than 18 inches of soil fill is required,
j 22
not encumber more than 25 percent of any adjacent
23
platted lot If the plat plan approved was based upon a
the site preparation shall be done by a licensed
24
plan for individual wells on each lot.
Installer or the contractor shall be provided with
written supervision by a licensed designer.
25
26
D. A septic tank system using alternating absorption fields
27
or beds equal to 100 percent of the standard field or bed may
8. When more than 12 Inches of fill soil Is required,
28
be Installed provided that a replacement area of equal size Is
the soil fill must be placed before a permit is
Issued.
29
available.
30
31
E. Pressure mound systems may be used on any sized lot
9. If a design for a filled soil system Is approved,
32
provided they comply with the standards as found in the Design
the Health Department will provide a letter of intent
33
and Construction Manual for Fill and Mound Systems In the
to issue an Installation permit conditioned that the
34
State of Washington by the Washington State Department of
fill material Is laced
p properly. After the fill is
35
Social and Health Services, November 1986, or as amended.
rn place and spread according to the approved plan,
then the installation permit shall be issued.
36
37
F. Subsurface sand filters may be used an any sized lot
distance
B. Lateral distance between a water supply well and any
w
38
provided they comply with the standards as found in the
39
Interim Guidelines For Sand Filters by the Washington State
portion of the le may be reduced to 75 feet if the
40
Department of Social and Health Services, October 1981.
well Is of good design with a water -tight casing which
1
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3
4
5
6
7
8
9
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14
15
16
17
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26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
40
1
required for the structure It is designed to serve, whichever
24.050.090 - Reaulations for New Construction Within Lake Whatcom Watershed
2
is greater, thus allowing ample space for reconstruction or
Boundaries.
3
expansion In the future.
4
.091 WATERFRONT ZONE:
5
093 SECOND UPLAND ZONE: (500 TO 1,000 FEET INLAND)
6
A. All installations of private sewage disposal systems which
7
A. Minimum depth of permeable soil shall be 6 feet and shall
will discharge a solid or liquid effluent Into the soil or
8
extend a minimum distance of 100 feet toward the lake and
water are prohibited.
9
shall extend a minimum distance laterally of 10 feet from both
10
sides of the drainfleld.
.092 FIRST UPLAND ZONE: (100 -500 FEET INLAND)
11
12
B. Minimum depth of ground water or to high water level,
A. Minimum depth of permeable soil shall be 6 feet and shall
13
whichever Is less, shall be 6 feet.
extend a minimum distance of 100 feet toward the lake and
14
shall extend a minimum distance laterally of 10 feet from both
15
C. Percolation rate determination prior to Installation Is
sides of the dralnfield.
16
mandatory and no Installation will be permitted In soil If the
17
percolation time exceeds 20 minutes to the Inch.
B. Minimum distance to ground water level or to high water
18
level, whichever is less, shall be 6 feet.
19
D. Filling of dralnfleld areas to meet soil depth standards
20
may be permitted provided that the original site had a minimum
C. Percolation rate determination prior to Installa- Lion Is
21
depth of permeable soil of 4 feet and that the area of the
mandatory and no Installations will be permitted in soil if
22
fill extends laterally a minimum of 20 feet outside the
the percolation time Is greater than 20 minutes to the inch.
23
dralnfleld trenches in all directions.
24
D. Filling of soil to meet soil depth standards shall not be
25
E. The minimum lot size for each dwelling unit shall be one-
permitted.
26
half acre or a size sufficient to accommodate a dralnfleld
27
area double the minimum required for the structure It is
E. No dralnfleld shall be Installed within 200 feet of any
28
equipped to serve, whichever Is greater, thus allowing ample
existing private water supply utilizing lake water as a
29
space for reconstruction or expansion In the future.
source. This distance Is to be measured from the point that
30
the private water supply pipe crosses the high water line.
31
.094 THIRD UPLAND ZONE: (1,000 FEET TO THE BOUNDARIES OF THE
32
WATERSHED)
F. No dralnfield shall be installed If the same premise Is to
33
be served by private water supply utilizing lake water as a
34
A. Minimum depth of permeable soil shall be 4 feet and shall
source unless the installation Is a minimum of 200 feet from
35
extend a minimum distance of 100 feet toward the lake and
the point at which the private water supply pipe crosses the
36
shall extend a minimum distance laterally of 10 feet from both
high water line.
37
sides of the drainfleld.
38
G. The minimum lot size shall be one -half acre or a size
39
B. Minimum depth to ground water or to the high water level,
sufficient to accommodate a dralnfleld area double the minimum
40
whichever Is less, shall be 6 feet.
41
42
43
i
1
determine the drainage capacity In terms of the soli particles
C. Percolation rate determination prior to Installation Is
2
Involved. The Health Officer shalt establish standards for
mandatory and no installation will be permitted in soil If the
3
sieve test analysis.
percolation time exceeds 20 minutes to the Inch.
4
5
F. Drainflelds shall not be Installed In areas where the
D. Filling of soil to meet soil depth standards shall be
6
slope of the land exceeds fifteen percent.
permitted provided that the original site had a minimum of
7
three feet of permeable soli and a depth to ground water or
8
G. All septic tanks shall be of two- chambered construction.
9
lake level of at least four feet.
10
H. Lots In the Lake Whatcom Watershed, given preliminary plat
E. The minimum lot size for each dwelling unit shall be one-
11
approval between September 1, 1955 and January 20, 1971, may
third acre or a size sufficient to accommodate a dralnfleld
12
be granted a variance from present requirements for lot size
13
provided:
area double the minimum required for the structure it Is
14
designed to serve, whichever is greater, thus allowing ample
15
1. There Is not less than 7,200 square feet in area.
space for reconstruction or expansion in the future.
16
17
2. The floor of the building or buildings for which
.095 ALL ZONES WITHIN THE WATERSHED:
18
the system Is designed to serve Is not more than 12
A. All multiple dwelling units, mobile home parks, apartments
19
1/2 percent of the lot size. The floor area shall
and condominiums shall be served by separate sewage disposal
20
Include the area of all structures, Including second
systems for each dwelling unit, provided that up to four
21
floors, basements, cellars, carports, garages and
dwelling units may be served by a common system If there Is a
22
accessory buildings of any kind. Deed restrictions
23
shall be required prohibiting the addition of floor
maintenance responsibility agreement among the several owners
24
of a Jointly owned system.
25
area, parking space, patios, driveways or hard -
surfaced areas, in addition to that allowed In the
B. A plan of each system Installed shall be posted in the
26
original permit until such time as the dwelling Is
premises and shall be a permanent record of its location and
27
served by a public sewer system.
28
dimensions.
29
3. There Is sufficient area to accommodate an
C. The minimum septic tank capacity shall be 1,000 gallons.
30
absorption field double the minimum requirements for
31
the structure it is designed to serve, thus allowing
0. A minimum distance of 100 feet, measured horizontally,
32
ample space for relocation of expansion when needed.
33
must be maintained between the closest point of a dralnfleld
and an open or enclosed drainage ditch adjacent to the
34
.096 This section shall not be construed to permit the construction
35
or installation of septic tanks and drainflelds within the city limits
location of the drainfield.
36
of Bellingham, which are prohibited by said city.
37
E. In cases where the soils are of questionable permeability
and it Is thought that a percolation test is not sufficient to
38
24.05.100 - New Subdivisions and Other Land Development: s_ Lot Size Land Area.
- --
decide the Issue regarding permeability, a sieve test shall be
39
40
.101 Approval of new subdivisions for single family dwellings where there
performed in order to accurately classify the soils and
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
29
30
31
32
33
34
35
36
44
Is no provision for sewer service, shall be contingent upon meeting all
lot size and soil requirements In 24.05.080 and 24.05.090 or the following
lot sizes, whichever Is larger:
TABLE IV:
LOT SIZES FOR
SINGLE FAMILY DWELLINGS AS RELATED
TO WATER
SUPPLY, SOIL
TEXTURE AND PERCOLATION RATES.
Percolation Rate
Soil
Public
Private
Per Inch
Texture
Water
Water
Less than 5 min.5
Coarse
to medium sand
1 acre
2 acres
6 to 15 min.
Fine sand, loamy sand
15,000 sq. ft.
1 acre
16 to 30 min.
Sandy
loam, loam
18,000 sq. ft.
1 acre
31 to 60 min.
Porous
silt loam, slit
20,000 sq. ft.
2 acres
.102 Approval of new land development other than subdivisions where
there Is no provision for sewer service shall be contingent upon
meeting all lot size and soil requirements in 24.05.080 and 24.05.090
and the following minimum land areas shall be requested:
TABLE V: LAND AREA REQUIREMENTS FOR MULTIPLE DWELLINGS, MOBILE HOME AND
RECREATIONAL VEHICLE PARKS AS RELATED TO SOIL TEXTURE AND PERCOLATION RATES.
Percolation Rate Soil Multiple Dwellings M.H.P. R.V.P.
Per Inch Texture Per Bedroom Per Space Per Space
Less than 5 min.5 Coarse to med. sand 14,000 sq.ft. 29,000 sq.ft. 14,520 sq.ft.
6 to 15 min. Fine or loamy sand 5,000 sq.ft. 10,000 sq.ft. 5,000 sq.ft.
16 to 30 min. Sandy loam, loam 6,000 sq.ft. 12,000 sq.ft. 6,000 sq.ft.
31 to 60 min. Porous silt loam, silt 6,667 sq.ft. 13,333 sq.ft. 6,667 sq.ft.
Minimum subdivided land area for a land development shall not be less
than that required for a lot In a subdivision.
37 5Lot sizes for soils with percolation rates of less than five minutes can
38 be reduced by the health officer if engineering Justification can be provided
39 that shows significant adverse effects on ground water quality will not occur;
40 however, in no case shall the reduced size be less than that for a percolation
41 rate for six to 15 minutes.
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
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
.103 Approved fill soil may be used If the following requirements are
met:
TABLE VI: ORIGINAL PERMEABLE SOIL OR WET SEASON WATER TABLE
AT DEPTH OF LESS THAN 4 FEET
Single Family Dwelling or Equivalent
Depth of Original
Permeable Soil and /or
Depth to Average Ground
Water Level During the Minimum Width
Wet Season Lot S12es Requirements
Less than 48" but
at least 30"
Less than 30" but
at least 18"
17,000 sq. ft.
1 acre
Less than 18" 5 acres
- - - - - - - - - - - - - - - - -
90 feet
I50'feet
300 feet
.104 For subdivision approval, there shall be at least one soil log
and percolation test per acre or tract if more than one acre In size
but not to exceed that required In 24.05.050 A.
.105 All premises within a sewer service ULID and also within 200
feet of an available public gravity sanitary sewer shall be connected
to the said sewer by a separate side sewer within twelve (12) months
of the Installation of the public gravity sanitary sewer. If an
Immediate health hazard exists, Immediate connection Is required.
When the anticipated sewage flow from a premise Is greater than 1,000
gallons per day, sewer connections may be required at distances
greater than 200 feet if the health officer determines that a
connection is feasible and such a connection is permitted by the sewer
utility.
.106 Approval of new commercial or Industrial developments where
there is no provision for sewer services shall have a clear,
unobstructed and unpaved area sufficient for an absorption field and a
45
46
1 replacement. In no case shall there be an installation designed to
2 discharge more sewage per day per acre than indicated In Table VII.
3
4 TABLE VII: SEWAGE FLOW PER DAY PER ACRE FOR COMMERCIAL OR
5 INDUSTRIAL DEVELOPMENTS AS RELATED TO SOIL TEXTURE AND PERCOLATION RATES
6
7 Percolation Rates Soil Sewage Flow
8 Per Inch Texture Per Day. Per Acre
9
10 Less than 5 min.6 Coarse to medium sand 450 gallons
11 6 to 15 min. Fine sand, loamy sand 1,305 gallons
12 16 to 30 min. Sandy loam, loam 1,089 gallons
13 31 to 60 min. Porous silt loam, silt 980 gallons
14
15
16 24.05.110 - Design. Construction, Installation Standards,
17
18 .111 The general requirements for the design, construction,
19 installation or alternation of sewage disposal system shall be as set
20 forth In the Design Manual: "On -Site Waste Water Treatment and
21 Disposal System," United States Environmental Protection Agency,
22 Report No. EPA - 625/1 -80 -012, October 1980. For standards not found
23 there, the United States Department of Health, Education and Welfare
24 Public Health Service Publication, No. 526, "Manual of Septic Tank
25 Practice," shall be used. These standards shall be followed except as
26 amended or altered by these regulations.
27
28 .112 Alternate Toilet Systems:
29
30 The following non -water carriage toilet systems are permitted,
31 provided that there Is an adequate method of "grey- water" disposal or
32 no running water on the property. Construction and Installation must
33 meet "Guidelines" published by the Washington State Department of
34 Social and Health Services, current at the time of Installation.
35
36 6Sewage flow for soils with percolation rates less than five minutes can
37 be Increased by the Health Officer if engineering Justification can be
38 provided that shows significant adverse effects on ground water quality will
39 not occur; however, in no case shall the Increase be greater than 1,305
40 gallons per acre.
47
1 A. Pit Privy: Pit privies will be constructed In such a
2 manner as to be fly -tight and prevent rodents and Insects from
3 gaining access to the pit contents. The seats will be
4 constructed In such manner as to accommodate both young
5 children and adults by Installing seats designed for each age
6 group. There shall be a 50 -foot setback from property lines
7 and visual screening by fences or shrubbery.
8
9 B. Chemical Toilet: Portable toilets may be used on any lot
10 without restriction, provided that the contents are disposed
11 of In an approved sewage system. They must be constructed in
12 such manner as to be fly -tight and prevent rodents and Insects
13 from gaining access to the contents.
14
15 C. Composting Toilet: Composting toilets may be used if
16 there Is a minimum lot size of 5 acres and no running water on
17 the property. Use of compost from a composting toilet for
18 fertilizer for food crops, or pasture used by animals Is
19 prohibited.
20
21 D. Incinerator Toilet: Incinerator toilets may be used on
22 any lot without restriction provided that all sewage other
23 than "grey- water" is completely incinerated before disposal.
24
25 24.05.120 Installation and Alteration: Who May Perform,
26
27 Septic tanks, drainfields and other sewage systems shall be constructed,
28 Installed or altered only by a licensed Installer. Spreading, leveling and
29 compaction of approved fill for drainfleid sites shall be done only by a
30 licensed Installer. This does not prohibit dumping of fill on the side by
31 unlicensed persons. Unlicensed individuals may Install a sewage disposal
32 system on their own property, provided that the work Is performed pursuant to
33 the provisions of these Rules and Regulations. The owner exemption does not
34 apply to builders of homes constructed for resale. All other persons employed
35 to construct, install, or alter a sewage disposal system shall be employees of
36 a licensed Installer.
37
38 24.05.130 - Installer's License.
39
40 .131 It shall be unlawful to engage In the business of Installing
48 49
side sewers or sewage disposal systems, or parts thereof, without an
1
any final Judgment shall impair the liability of the surety upon the
Installer's license.
2
bond so furnished so that there shall not be in effect a bond
3
undertaking In the full amount of $2,000, the department shall suspend
.132 Application for an Installer's license shall be made on forms
4
the registration of such installer until the full bond liability
provided by the Health Department. License and /or application fees
5
unimpaired by unsatisfied judgDnent claims shall have been furnished.
shall be payable to the Health Department.
6
7
In Ileu of the surety bond required by this section, the applicant may
.133 The Health Department shall determine by written and /or oral
8
file with the department a deposit consisting of cash or other
examination the applicant's knowledge of public health problems
9
security acceptable to the department. The health officer may
Involved in the disposal of sewage and necessary standards of design,
10
promulgate rules and regulations necessary for the proper
construction and Installation. If the applicant does not receive a
11
administration of the security.
passing mark of 70 percent In any such examination, he shall be denied
12
a license.
13
.137 An applicant whose license has been revoked shall be Ineligible
14
to reapply for a license until sixty (60) days have passed from the
.134 An installer's license shall expire on December 31 of each year.
15
date of his license revocation.
An application for relicensing shall be made on forms provided by the
16
health Department within the thirty -day period preceding the
17
24.05.140 - Sewage Disposal System Cleaner's License.
expiration of any license.
18
19
All septic tanks will be pumped and cleaned by a licensed septic tank pumper,
.135 The Health Department may suspend or revoke any Installer's
20
but unlicensed private parties may clean their own tanks after obtaining
license If there has been a finding of Incompetency, negligence,
21
special permits from the Health Department. Such permits must show that they
willful misrepresentation, or failure to comply with these Rules and
22
are capable of doing the work In a satisfactory manner and that they have a
Regulations or other applicable laws, rules and regulations. The
j 23
suitable site for disposing of the material by underground burial.
Installation of a sewage disposal system for which a permit has not
24
been obtained shall be cause for the suspension or revocation of an
25
.141 Application for a cleaner's license shall be made on forms
Installer's license.
26
provided by the health department. License and /or application fees
27
shall be payable to the Health Department.
.136 Before the issuance of a sewage disposal system Installer's
28
license, the applicant shall file with the department a surety bond
29
.142 The Health Department shall determine by written and /or oral
Issued by a surety Insurer In a form acceptable to the department In
30
examination the applicant's knowledge of public health problems
the sum of $2,000 running to Whatcom County. Said bond shall be
31
arising from the handling of sewage and the safe disposal of the
conditioned that the applicant will pay all amounts that may be
32
cleanings of sewage disposal systems. If the applicant does not
adjudged against applicant by reason of negligent or Improper work or
33
receive a passing mark of 70 percent, he shall be denied a license.
breach of contract on the part of such Installer. The bond shall be
34
conditioned that the holder of the license and his agents in
35
.143 The applicant's equipment shall meet the requirements of
performing work shall exercise reasonable care and skill and comply
36
paragraph .147 and .148 before a license may be issued.
with these rules and regulations. The surety upon the bond shall not
37
be liable in an aggregate amount In excess of the amount named In the
38
.144 A cleaner's license shall expire on December 31 of each year.
bond. The bond shall be kept In effect during the period of time for
39
An application for relicensing shall be made on forms provided by the
which the license 1s issued. In the event the bond Is cancelled or
40
Health Department within the thirty -day period Immediately preceding
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
29
30
31
32
33
34
35
36
37
38
39
40
52
or
1
2
24.05.170 — Enforcement.
B. Take the examination referred to In paragraph .152 above.
3
4
It shall be the duty of the Health Department to enforce these Rules and
,154 The Health Department may suspend or revoke any designer's
5
Regulations.
license If there has been a finding of incompetency, negligence,
6
willful misrepresentation, or failure to comply with these Rules and
7
.171 When the work of constructing, Installing or altering a sewage
Regulations or other applicable laws, rules and regulations.
8
disposal system has been otherwise completed, It shall be left open
9
and uncovered and the homeowner or Installer shall notify the Health
.155 Before the issuance of a designer's license the applicant shall
10
Department that the system Is ready to be Inspected. For major or
file with the department a surety bond Issued by a surety Insurer in a
11
minor repairs this notification and Inspection will be required only
form acceptable to the department in the sum of $2,000 running to
12
If so indicated on the permit at the time of issuance of the permit.
Whatcom County. Said bond shall be conditioned that the applicant
13
The Health Department shall cause an Inspection to be made within a
will pay all amounts that may be adjudged against applicant by reason
14
reasonable time, which shall not exceed 16 working hours from the time
of negligent or Improper design work. The bond shall be conditioned
15
of notification. If any portion of the work Is covered before It is
that the holder of the license and his agents In performing work shall
16
Inspected and approved, the same shall, when ordered, be uncovered by
exercise reasonable care and skill and comply with these rules and
17
the homeowner or installer prior to Inspection.
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 bond
19
.172 The Health Department is authorized to suspend any permit should
shall be kept in effect during the period of time for which the
20
there be probable cause to believe that the work In progress or
license Is Issued. In the event the bond Is cancelled or any final
21
completed violated any provision of these Rules and Regulations.
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
23
Notice of suspension, and the violations causing the suspension to
the full amount of $2,000, the department shall suspend the
24
Issue, shall be forwarded by certified mall to the return address
registration of such designer until the full bond liability unimpaired
25
shown on the permit posted at the work site. It shall be unlawful for
by unsatisfied judgment claims shall have been furnished. In lieu of
26
anyone to perform any work (other than remedial) or for anyone to use
the surety bond required by this section, the applicant may file with
27
the system while the suspension Is In effect. If the violations are
the department a deposit consisting of cash or other security
28
not cured and the suspension withdrawn within ninety (90) days of
acceptable to the department. The health officer may promulgate rules
29
Issuance, the permit shall automatically expire.
and regulations necessary for the proper administration of the
30
security.
31
.173 Before warrant for arrest can be Issued for a Health Board
32
Sewage Rules and Regulations violation, written warnings will be given
.156 An applicant whose license has been revoked shall be Ineligible
33
by the Health Department; also a period of thirty (30) days will be
to reapply for a license until sixty (60) days shall have passed from
34
given for correction of the violation, except If there Is an immediate
the date of his license revocation.
35
health hazard a warrant may be Issued forthwith.
36
24.05.160 — Fees.
37
.174 The Health Department shall submit a violation report to the
38
office of the Prosecuting Attorney for any violation of these Rules
Fees shall be set and renewed annually by the Board of Health and posted In a
39
and Regulations referred for prosecution. Nothing in these Rules and
fee schedule.
40
Regulations shall be Interpreted as providing for an exclusive
53
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enforcement remedy or In any way limiting enforcement alternative
1
_LU AUTHORITY OF APPEALS BOARD
available under these Rules and Regulations or any state statute.
2
3
The Appeals Board shall have authority to adopt Its own rules and
.175 Should any person refuse to allow the Health Department to enter
4
regulations governing procedures, subject to approval by the County
onto property for the purpose of enforcing these Rules and
5
Council.
Regulations, the health Department may, with the assistance of the
6
Prosecuting Attorney, present an affidavit, naming the person so
7
A. The complaining party shall submit to the Board of Appeals a
refusing, the property involved, and the reason entry Is necessary, to
8
written description of the decision, action, or order appealed from
the Whatcom County District Court, from which an authorizing Warrant
9
and the grounds for the appeal; I.e., the reasons why the Health
may Issue.
10
Department should have decided In favor of the complaining party, and
11
the complaining party shall mail a copy thereof to the Health
24.05.160 - Appeals Board / Appeal< Procedure.
12
Department.
13
._aL APPEALS
14
B. Within ten (10) days of receipt of Notice of Appeal, the Health
15
Department shall mail to the Board of Appeals, with a copy to the
Any decision or action of the Health Department with respect to
16
complaining party, a letter giving the reasons for Its action and
Installation permits for new construction or major repair of a sewage
17
enclosing all documents submitted In connection with the issue.
disposal system may be appealed to an Appeals Board. The Appeals
18
Board may grant a variance where there may be practical difficulties
19
C. The Appeals Board shall conduct a public hearing on the appeal
or hardships under a strict construction of the local Board of Health
20
within sixty (60) days of the receipt of Notice of Appeal.
Rules and Regulations. Such variances may be granted by the Appeals
21
Board with respect to any standards enumerated In 24.05.080 to
22
1. The Appeals Board shall notify the complaining party and
24.05.110 of the Board of Health Sewage Control Rules and Regulations,
23
the Health Department of the time and place for the review
but not otherwise. In no case shall a variance cause a violation of
24
hearing and each shall be entitled to attend and present any
24.05.060 entitled "General Standards ".
25
further Information or evidence.
26
_►$U APPEALS BOARD - MEMBERSHIP
27
2. Notices of Hearings. The secretary of the Appeals Board
28
shall give due notice of place and time for hearing of the
The County Council shall select five (5) persons to serve as the
29
appeal application to the applicant and adjacent property
Appeals Board. Three members will be chosen to represent the
30
owners, either In person or by first -class mail, not less than
unincorporated areas, and two to represent the Incorporated areas.
31
seven (7) days and not more than thirty (30) days prior to the
The length of office will be five (5) years, and the termination of
32
hearing. Said notice shall state the name and address of the
office for each member shall be on consecutive years. Members can be
33
owner of the property, the location of the property, and a
removed for cause by the Board of Health. The Board as a whole may
34
brief statement of the nature of the appeal. Said notice
hear Appeals or may divide Its workload into a panel of three (3)
35
shall be sent to the property owners, as appears from the
members. Staff secretarial services shall be provided by the Health
36
authentic tax records of this County of all property adjacent
Department. Department staff members or supervisors who have
37
to, or within three hundred (300) feet radius of the external
responsibility for Issuance or denial of permits shall not serve as
38
boundaries of the property for which the appeal Is made, and
secretary to the Appeals Board.
39
the number of feet occupied by all public roads, street,
40
alleys, and other public ways shall be excluded In determining
55
56
the 300 feet requirement. The applicant shall furnish the
Board a complete list containing the names and last known
addresses of the owners of property required to be notified at
the time the application is filed.
3. The Appeals Board secretary shall provide for a public
notice to be published at least once in a newspaper published
In the municipality, or where appropriate, In a newspaper of
general circulation In the county, not more than thirty (30)
days nor less than ten (10) days before the hearing. The
notice shall state the place of hearing, the location of the
property, as well as a statement of the nature of the
application. It shall contain a legal description of the
property affected or the common or rural route address, or Its
location by distances from the nearest major street or road
Intersection so that the property can be easily identified.
D. At the conclusion of the hearing, the Appeals Board may exclude
all Interested parties for a private discussion of the Issues. The
Board may recess for a period of up to two (2) weeks for the purpose
of further study, or Inspection of the site. Before recess, the Board
shall notify all parties at the hearing orally of the time when the
hearing, or in the event no recess has been taken, at the conclusion
of the hearing, the Appeals Board shall announce Its decision on the
appeal. As soon as possible, following the decision, the Secretary
shall type, and the Chairman shall sign, a written report of the
findings and decision. Copies of the written report shall be sent to
the licensed designer, the owner, and the Health Department. The
applicant's Notice of Appeal, and all documents submitted shall be
returned to the owner. If the decision is to deny the application, a
statement shall be Included to the owner, suggesting that he consult
with his designer to determine whether a different type of design
might be approved.
E. Either party within twenty (20) days from the date of the Appeals
Board decision may pay the filing fee and deposit all pleadings and
exhibits received from the Appeals Board with the Whatcom County
Superior Court for review of the Appeals Board decision.
The Court shall hear said matter dS novo.
57
1
2 24,05, 190 — Severehtli+Y,
3
4 Should any part of these Rules and Regulations be declared unconstitutional or
5 invalid for any reason, such declaration shall not affect the validity of the
6 remainder of these Rules and Regulations.
7
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24.06
SOLID WASTE RULES AND REGULATIONS - STANDARDS AND PERMITS
24.06.010, Authority.
Pursuant to R.C.W. 70.95.160 and WAC 173- 304 -010, the following regulations
are adopted for the proper handling of solid waste In Whatcom County and its
Incorporated cities.
24.06.020. Definitions:
In addition to the definitions adopted by reference from WAC 173- 304 -100, the
following general definitions shall apply:
BOARD OF HEALTH: Whatcom County Council.
HEALTH OFFICER: Health Officer of the Whatcom County Health Department or his
authorized representative.
24.06.030. Solid Waste Disposal Standards:
.031. GENERAL PROVISIONS
A. STATE STANDARDS:
Minimum Functional Standards for Solid Waste Handling WAC 173 - 304 -015
through 173- 304 -9901, effective November 1985, and as hereafter
amended are adopted by reference.
B. LOCAL STANDARDS - PURPOSE AND INTENT:
The following local standards are adopted under the authority of RCW
70.95.160 for the purpose of clarifying Inconsistencies which exist in
referenced standards and to establish certain local standards which
are more restrictive than the state standards. Local enforcement shall
be based upon the more restrictive standards, and shall incorporate
the guidelines promulgated by the county's comprehensive solid waste
plan as appropriate.
.032. STANDARDS FOR UTILIZATION OF SEWAGE SLUDGE AS FERTILIZER.
59
1 A. STATE DOCUMENTS ADOPTED BY REFERENCE.
2
3 Municipal and Domestic Sludge Utilization Guidelines, Department of
4 Ecology WDOE 82 -11, effective October 1982 and Best Management
5 Practices for Use of Municipal Sewage Sludge WDOE 82 -12, effective
6 September 1982, and as hereafter amended are adopted by reference.
7
8 B. SLUDGE UTILIZATION SITES, GEOGRAPHIC LIMIT.
9
10 Each sludge utilization site permit shall be limited to a single
11 parcel or contiguous parcels of land with a single owner, a single
12 lessee, If any, and a single applicant. Contiguous parcels which have
13 two or more owners, lessees or applicants shall be treated as separate
14 sites requiring separate permits. Non - contiguous parcels of land with
15 a single owner, lessee or applicant shall be treated as separated
16 sites requiring separate permits.
17
18 C. ,SETBACKS:
19
20 Setbacks from rivers and streams shall be measured from the top of any
21 visible sharply demarcated bank, or the Inner bank of any flood
22 control dike, whichever Is farthest Inland.
23
24 Setbacks from seasonal streams shall be measured from the water's
25 edge, If present, any apparent high water mark, or the center of the
26 course if no high water mark Is discernible, and no water Is present.
27 Setbacks from tidewater shall be from the extreme high tide. Setbacks
28 from ponds and lakes shall be measured from the water's edge.
29
30 The following setbacks shall be observed when spreading sludge on
31 land:
32
33 Seasonal streams 100
ft.
34
35 Rivers, lakes, tidewater, year -round streams 200
ft.
36
37 Non-irrigation wells and springs 500
ft.
38
39 Irrigation wells not utilized for domestic purposes 100
ft.
40
Property lines
Houses on adjacent property
60
25 ft.
300 ft.
The Health Officer may require marking of setback Imes prior to
spreading with a minimum of 1 marker at each corner of the property or
each 300 feet along straight lines, or 150 feet on curved lines.
D. ACCESS CONTROL:
Sludge utilization sites on private property shall be posted "CAUTION-
- SLUDGE UTILIZATION SITE" at a minimum Interval of 300 feet on all
property lines which are bordering public roads, rivers, or other
public property which might provide access by the general public.
Such signs shall remain In place for 12 months unless the sludge has
been treated by a method in WDOE 82 -12, Appendix B.
E. MAXIMUM CONCENTRATION OF CADMIUM IN THE SOIL.
1. Spreading of sludge with a cadmium content sufficient to Increase
aggregate concentration In the soil by over 0.45 lb./acre (0.5
kg. /hectare) during any consecutive 12 —month period Is prohibited on
all land except licensed solid waste disposal landfills and forestry
areas, or soil reclamation areas. Sludge utilization In these areas
Is controlled by Section 3, "Sludge Application to Forest Lands, Best
Management Practices, WDOE 82 -12."
2. Spreading of sludge with a cadmium concentration
sufficient to result in a final concentration In the soil In
excess of 4.5 lb./acre (5 kg. /hectare) to an 8" depth is
prohibited on all land except licensed solid waste disposal
landfills.
F. MANAGEMENT OF SLUDGE SPREADING ON LAND TO BE USED FOR FOOD CHAIN
CROPS, INCLUDING ANIMAL FEED AND FORAGE.
1. Definition: All land which has been used for production
of any crops used for human or animal feed, including forage,
during any one of the previous 5 years shall be considered to
be land which must meet sludge spreading standards applied to
1
food chain crop land, except that land being converted to
2
developments other than farming or residential; e.g., golf
3
course, parks, and /or shopping centers, shall not be
4
classified as land for food chain crops irrespective of the
5
history of previous food production.
6
7
2. DETERMINATION OF THE BACKGROUND CONCENTRATION OF SOIL
8
CONSTITUENTS AND Ph AT THE PROPOSED SITE OF SLUDGE SPREADING.
9
10
a. Sites shall be divided Into testing areas
11
or units based upon SOIL TYPES as delineated
12
on the most recently available U.S. Soil
13
Conservation Service soil Survey maps, and the
14
crop history for the previous growing season.
15
A test unit area Is defined as a single area
16
within any site which has a single SOIL TYPE
17
and which produced a single type of crop
18
during the previous growing season. Any site
19
which has more than one SOIL TYPE or which
20
produced more than one type of crop during the
21
previous growing season will be divided Into
22
as many test unit areas as necessary to
23
achieve test unit areas with a single SOIL
24
TYPE and a single crop during the previous
25
growing season.
26
27
b. At least 12 core samples of soil shall be
28
collected separate locations distributed over
29
each testing unit area. Core samples shall be
30
of uniform volume taken to a depth of 6 to 8
31
inches. All core samples from a single test
32
unit area shall be mixed to provide a
33
composite test sample representative of the
34
soil from the test unit are.
35
36
c. Soil test samples shall be collected by an
37
agent who has been approved by the Health
38
Department, and samples shall be transported
39
on ice to qualified laboratories.
40
61
63
62
d. Testing shall be performed by a laboratory
1
sewage treatment plant shall be routinely
approved by the Health Department. Approved
2
tested according to the treatment plant flow
laboratories Include the Oregon State
i 3
rate measured In millions of gallons per day.
University Laboratory, the University of Idaho
4
Laboratory, and private laboratories which
5
TABLE
participate In the Washington State University
6
soil testing reference sample program.
7
Mi111on Gals./Day Freauencv
� 8
e. Initial testing of the soil shall Include
9
Less than .5 Annually
the following: pH, CEC, soil phosphorous,
10
.5 - 5.0 Semi- annually
soil potassium, total cadmium, lead, copper,
11
Greater than 5.0 Quarterly
zinc, nickel, and arsenic. Repeat testing
12
shall be required for each subsequent annual
13
2. Sludge taken from storage shall be sampled
permit; however, testing for metals other than
14
with at least 1 sample per 1,000 dry tons.
cadmium will not be required if the history of
15
These samples shall be gathered from several
sludge analysis for previous years Is known,
16
cores taken from representative areas and
and estimates of metals other than cadmium are
17
mixed to make each representative sample.
less than half the limits shown in WDOE 82 -12,
18
Table II.
19
3. More frequent sampling may be required If
20
consecutive samples reveal a variance
3. DETERMINATION OF COMPOSITION OF SLUDGE.
21
sufficiently large so that there Is less than
22
a 95% probability that the average (mean)
a. MINIMUM TEST REQUIRED:
23
concentration of critical elements In the
24
samples Iles within (+ or -) 25% of the actual
The following tests are the minimum required. All
25
mean, or otherwise at the Health Officer's
tests shall be by methods specified in WDOE 82 -12;
26
discretion.
Total solids, pH, total nitrogen, total phosphorous
27
total potassium, cadmium, copper, zinc, nickel, lead,
28
4. Less frequent sampling may be permitted at
arsenic and PCBs, and other components as may be
29
the discretion of the Health Officer if there
necessary to enforce standards which may be
30
Is little variance in sludge analysis over
established by the State or Federal Government.
31
time.
Additional tests may be required by the Health Officer
32
if there Is reason to believe additional toxic
33
5. Samples of sludge from plants where
materials are present In sufficient quantity to
34
sampling Is required more often than once
Jeopardize health when sludge Is spread under the
35
every two weeks may be stored at 4 degrees C.
conditions of the permit.
36
and composited before analysis. The
37
laboratory analysis may be performed upon a
b. FREQUENCY OF SAMPLE TESTING.
38
composite, provided that such analysis Is
39
performed at least once every four weeks.
1. Sludge samples taken directly from a
40
63
64
c. VALUES TO BE USED FOR DETERMINATION OF LOAD
i
made.
LIMITS.
2
I 3
G. OTHER SLUDGE UTILIZATION STANDARDS.
1. If 5 or more samples are available, and if
4
the variance of critical elements Is
5
1. USE OF SITES SUBJECT TO FLOODING.
sufficiently low that there is at least a 95%
6
probability that the average (mean) values are
7
a. Definition:
within (+ or -) 25% of the actual mean, then
8
the median value of the actual samples shall
9
Any site which Iles within the flood plan of any
be used as the basis of calculation
10
river, as delineated on FEMA maps adopted as part of
application load limits.
11
the National Flood Insurance Program, as areas of
12
"Special Flood Hazard " -- 100 -year flood plain, or any
2. If the variance of sample values exceeds
13
site which has been observed to have been flooded by
the above limits, or If there are less than 5
14
any adjacent river, creek, lake or tidewater during
samples available, then the load limits will
15
any 1 of the previous 10 years shall be considered to
be based upon an estimate of concentration 25$
16
be subject to flooding.
higher than the observed median.
17
18
Sites which are subject to seasonal standing water due
4. ADJUSTMENT OF pH IN SOIL.
19
to precipitation and not caused by flooding of
20
adjacent waterways shall not be considered to be
If the cadmium concentration of sludge exceeds 2.0 ug. /gram (2
21
subject to flooding.
mg. /kg.) and the soil pH In the field Is less than 6.5, than
22
adjustment of the soil to pH 6.5 prior to the time of
23
b. Utilization of sludge on sites subject to flooding
spreading the sludge shall be required. pH adjustment Is not
24
Is permitted only where the conditions of the
required if the soil pH is 6.5 or higher or If the cadmium
25
management plan Imposed by the permit assure that the
level In the sludge is less than 2.0 ug. /gram.
1 26
sludge Is Immediately incorporated Into the soil.
27
5. HEAVY METAL LOAD LIMITS AND pH ADJUSTMENT BY TEST UNIT
28
c. The management plan shall be devised in
AREAS.
29
consultation with the Soil Conservation District and
30
shall contain a detailed description of topographical,
If there are differences In pH and heavy metal content found
31
erosional and drainage characteristics of sites
to be present on different test unit areas on any sludge
32
subject to flooding shall be permitted only If the
utilization site, then separate pH adjustment and sludge
33
plan Includes features designed to prevent the
loading limits shall be applied as necessary to separate test
34
transportation of sludge by natural processes away
unit-areas within the site.
35
from the state.
36
6. PROOF OF pH ADJUSTMENT.
37
2. COVER CROPS.
38
a. Proof of pH adjustment shall be by soil tests
39
In order to prevent erosion caused by wind or water during the
which indicate that an appropriate adjustment has been
40
winter season, a cover crop must be planted not later than
65
66
October 15 on all sites If sludge is spread at any time after
1
shall be effective upon the effective date of these
harvest of the annual crop.
2
regulations.
3
3. MINIMUM TREATMENT OF SLUDGE REQUIRED.
4
b. Permits issued for non -flood plain sites shall not
5
be effective prior to March 1, and shall expire on
In order to minimize the health risk of Infectious disease,
6
November 1 of each year.
applications of sludge Is prohibited unless the sludge has
7
been treated by one of the methods to significantly reduce
8
c. The actual effective date for a specific permit
pathogens outlined In WDOE 82 -11, Appendix A p.15, or other
9
may be delayed If, In the Judgment of the Health
methods accepted by the Department of Ecology. This paragraph
10
Officer, the site Is considered to have wet soils.
shall be effective whenever the Department of Ecology
11
The applicant will be allowed to begin spreading after
determines an adequate means of measuring the required
12
demonstrating, to the satisfaction of the Health
pathogen reduction.
13
Officer, that the water table Is at least two feet
14
below the surface.
4. SLUDGE UTILIZATION PLAN TO BE APPROVED BY SOIL
15
CONSERVATION DISTRICT.
16
033 SOLID WASTE INCINERATORS
17
The applicant shall be required to provide as part of his
18
A. LOCAL STANDARDS.
management plan a complete sludge utilization plan approved by
19
the Whatcom County Soil Conservation District to provide
20
Incineration of waste from hospitals, nursing homes and other
assurance that the application rates do not exceed nutrient
21
blohazardous waste, shall be commenced within 4 hours of arrival at
requirements of the crop, taking Into account any use of
22
the incinerator site, and completed within 12 hours.
commercial fertilizers and manures.
23
24
Transfer of all waste from truck to Incinerator shall be by means of
H. SEPA POLICY- SLUDGE UTILIZATION PERMITS.
25
machinery without any direct contact of workmen at the Incinerator,
26
except that material which has been prepackaged for transport In
1. Public Notice of any Determination of Nonsignificance
27
sealed containers which are placed In an outer container which
shall be posted on 8 -1/2" by 11" signs on the property line at
28
protects the handlers from direct contact with the sealed container
each site adjacent to each public road bordering the site
29
may be unloaded by hand. Containers must be of combustible material.
within 7 days of the Determination of Nonsignificance.
30
31
The Health Officer may require testing of the effectiveness of
2. SPECIAL DATES APPLICABLE TO SLUDGE UTILIZATION SITE
32
sterilization of infectious waste as necessary to assure safe handling
PERMITS.
33
of ash.
34
- a. Permits to be issued for sludge utilization sites
35
24.06.040 - Permit Application Preliminary Procedure,
subject to flooding as defined in 24.06.032.G.1 shall
36
not be effective prior to April 15 and shall expire on
37
•041 SLUDGE UTILIZATION SITE PERMITS.
September 30 of each year, in order to avoid flooding
38
immediately after application of sludge. The
39
A. All applications for sludge utilization site permits shall be
limitations on spreading dates in this sub - sectlon
40
reviewed for completeness, and one completed copy shall be forwarded
67
68
to the Washington State Department of Ecology for review and
1
e. Months when applications are planned.
recommendation. All applications will be reviewed for compliance with
2
the Minimum Functional Standards, WAC 173 -304, all applicable local
3
4. Storage and Transportation.
ordinances, WDOE 82 -11, WDOE 82 -12, and these local Board of Health
4
Rules and Regulations.
5
a. How sludge Is to be stored, if stored away from
6
source. Include runoff, access, leaching, and
B. At a minimum, each application for a permit shall contain the
7
nuisance prevention.
following Information upon which to base the permit:
8
9
b. Proposed transportation means and routes.
1. Site Characterization.
10
11
.042 APPLICATIONS
a. Soils: Series, texture, depth to seasonal high
12
water table or Impermeable horizon, slope.
13
All applications shall be signed by the applicant, lessee, if any and
14
the property owner.
b. Site: Location on topographic map, location of
15
nearby lakes, streams, rivers, wells, houses, and
16
•043 PUBLIC HEARINGS
other relevant topographic features.
17
18
Copies of the sludge utilization site applications shall be publicly
c. Acreage and legal description of site.
19
available for at least 20 days before the permit Is Issued. A public
20
hearing before the Health Officer or designee shall take place prior
2. Sludge and Soil Characterization.
21
to the issuance of any permit with or without variances. Notice of the
22
receipt of application to spread sludge and of the scheduling of the
a. Soil test Information.
23
public hearing on the application shall be sent to the sludge
24
generator, all property owners adjacent to the proposed sludge -
b. Previous sludge analysis (Including number of
25
spreading fields, and to all tenants occupying property adjacent to
samples).
26
such fields in such cases where the owner Is not a resident. Notice
27
shall also be mailed to any persons who have requested to be apprised
c. History of sewage sludge applications.
28
of the receipt of permit applications. At the public hearing oral and
29
written public comment will be taken to aid the Health Officer In
3. Site Management.
30
determining facts necessary to establish site requirements.
31
a. Method of application.
32
44 DECISION.
33
b. Description of crop and management.
34
A. Final decision on sludge utilization site applications not
35
receiving DOE review or comment shall be made by the Health Officer
c. Proposed annual application rate and basis for
36
within ten days following the public hearing.
selection that rate.
37
38
After a finding that the site meets all of the requirements of the
d. Proposed site life for sludge applications.
39
Minimum Functional Standards, applicable local ordinances, these Local
40
Board of Health Rules and Regulations and payment of all applicable
69
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inspection and permit fees, the Health Officer shall Issue the permit
except that permits for sludge utilization sites on land to be used
for food chain crops and which sites require pH adjustment as defined
In 24.06.032.F.4 shall not be Issued until after pH adjustment has
been accomplished.
B. If all standards are not met, the application will be disapproved.
In such cases, applicants will be notified and advised of their right
to apply for a variance.
C. After issuance, copies of all variances shall be referred to the
County Council.
24.06.050 - Procedure for Approval of Permit AopLications for Solid Waste
Facilities and Varian-es
.051 APPLICATION REVIEW
All applications for solid waste facility permits shall be reviewed
for completeness, and one completed copy shall be forwarded to the
Washington State Department of Ecology for review and recommendation.
All applications will be reviewed for compliance with the Minimum
Functional Standards, WAC 173 -304, all applicable local ordinances,
and these Local Board of Health Rules and Regulations.
.052 PUBLIC HEARINGS
All applications for permits and variances will be referred to the
Council Council and in turn to the Health Department Advisory
Committee. The Committee shall conduct a public hearing to determine
facts concerning the solid waste facilities. The County Council shall
report to the County Executive and to the Health OFflcer on the
findings and recommendations of the Advisory Committee.
.053 _ISSUANCE OF PERMITS AND VARIANCES
The Health Officer shall consider these findings and recommendations
In determining whether a permit or variance should be Issued. If no
report is received from the County Council within ten days, the Health
Officer may issue the permits and /or variances.
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1 .054 APPEALS.
2
3 Appeals shall be filed and carried out in the manner described In
4 section 24.06.060.
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7 24 06 060 - Appeal of Final Decision• Apneal Procedure and Review
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9 .061 FILING OF APPEAL
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11 A. Any person aggrieved by the approval or disapproval of an
12 application for a solid waste permit or variance may seek review from
13 the Hearing Examiner by filing a request for the same within ten days
14 of the approval or disapproval. Concurrently with filing of any
15 request for review by the Hearing Examiner the aggrieved party shall
16 file a copy of the request with the Clerk of the Council.
17
18 B. A filing fee as established by the County Council shall be paid to
19 the Health Department upon filing a request for review by the Hearing
20 Examiner. The Health Department shall distribute the funds as
21 appropriate and notify the Hearing Examiner that the fees and
22 application have been received.
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24 C. These fees do not apply to any state or local government.
25
26 .062 HEARING EXAMINER REVIEW /DECISION
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28 A. The Hearing Examiner shall conduct public hearings and prepare a
29 record thereof.
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31 B. At such hearings the matter shall proceed de novo and no
32 presumption shall attend the decision which Is the subject of the
33 appeal.
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35 C. The Hearing Examiner shall determine whether the decision was made
36 In compliance with existing applicable statutes, rules, ordinances and
37 policies of Whatcom County and the state of Washington that relate to
38 the disposal of sewage sludge.
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40 D. The Hearing Examiner shall produce findings and conclusions, based
41 upon the record, In support of the decision of the Hearing Examiner.
42 These findings and conclusions shall also set forth the manner in
43 which the decision carries out and conforms to the existing applicable
44 statues, rules, ordinances and policies of Whatcom County and the
45 state of Washington that relate to the disposal of sewage sludge.
46
47 E. The Hearing Examiner may approve or deny the application and may
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and filing fee, the office of the Hearing Examiner shall immediately
Impose such conditions, modifications or restrictions as the Hearing
2
forward the notice of appeal to Clerk of the Council, and shall upon
Examiner finds necessary to make the application compatible with
3
receipt of the transcript fee file a written transcription of the
applicable statutes, rules, ordinances and policies relating to the
4
public hearing as soon as possible, together with the entire record in
disposal of sewage sludge. Performance bonds, or other security In
5
the case with the County Council; provided that, If all parties of
form acceptable to the Prosecuting Attorney, may be required to ensure
6
record and the County Council agree, a summary of the facts or an
compliance with the conditions, modifications or restrictions.
7
abridged transcript may be substituted. A request for a summary of
8
the facts or abridged transcription shall be In the form of a petition
F. The decision of the Hearing Examiner shall be filed with the Clerk
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to the County Council.
of the Council. The decision is final when filed.
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F. A copy of the record on appeal shall be sent to the appellant and
G. Each decision of the Hearing Examiner shall be rendered within ten
12
copies shall be made available to all parties at a cost to be fixed by
working days following the conclusion of all testimony and hearings,
13
the Hearing Examiner In the business rules.
unless a longer period Is mutually agreed to in writing by the
14
applicant and the Hearing Examiner.
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.064 WRITTEN ARGUMENT.
16
H. No final decision of the Hearing Examiner shall be subject to
17
A. The appellant shall file a statement containing the appellant's
review except as provided in 24.06.063.
18
basis for appeal and argument.
19
.063 APPEAL AND REVIEW OF HEARING EXAMINER'S DECISION
20
B. Within two working days after receipt of the Hearing Examiner's
21
record, the County Council Office shall send a letter of notification
A. Any aggrieved party may appeal any final decision of the Hearing
22
to the appellant that the statement Is due. The statement and
Examiner to the County Council.
23
argument must be filed in writing, along with a specified number of
24
copies, with the Clerk of the Council within fifteen (15) working days
B. The appellant shall file a notice of appeal within ten days of the
25
after the postmark date of the letter of notification.
final decision, by filing at the office of the Hearing Examiner and
26
paying a filing fee to the Health Department. The appellant shall
27
C. Within two workings days of receipt of the appellant's written
serve the notice of appeal upon all opponents of record and to the
28
argument, the Council Office shall send copies of that argument to any
applicants.
29
persons or entitles opposing the appeal. Any argument or response by
30
any person or entity opposing the appeal must be filed in writing
C. A filing fee as established by the County Council shall be paid to
31
along with a specified number of copies, within ten (10) calendar days
the Health Department upon filing of the appeal, and the appellant
32
after the postmark date the appellant's argument was mailed by the
shall also pay a transcript deposit fee. The Health Department shall
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Council Office.
distribute the funds as appropriate and notify the Hearing Examiner
34
that It-has received the fees. Upon completion of the transcript, the
35
D. Failure of the appellant to abide by the time limits contained
appellant shall pay an additional fee equal to any additional costs of
36
herein will result In automatic dismissal of the appeal.
preparation of the transcript.
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38
E. Within thirty -five (35) days after the respondent's argument Is
D. These fees do not apply to any state or local government.
39
filed, the County Council will issue a written decision together with
40
findings of fact and conclusions of law. This time limitation shall
E. Upon receipt of the notice of appeal, deposit on transcript costs
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not apply when a remand procedure Is initiated.
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2
66 FINAL DECISION BY COUNTY COUNCIL
F. The decision of the County Council shall be based solely upon the
3
f
record and the written argument that has been submitted by the
4
A. The County Council shall, within twenty -one (21) working days of
parties. Oral argument may be scheduled at the discretion of the
5
the filing of the Information from the remand hearing, issue its final
County Council.
6
written decision together with findings of fact and conclusions of
7
law.
8
.065 REMAND TO HEARING EXAMINER
9
B. The Council shall affirm the decision of the Hearing Examiner
10
unless a majority of the entire Council finds that the decision of the
A. The County Council may, within Its discretion, remand the case
11
Hearing Examiner Is:
back to the office of the Hearing Examiner If the Council finds:
12
13
1. Based upon an error of law; or
1. That new evidence Is available that could affect the
14
outcome of the case and that was not available at the first
15
2. Clearly erroneous on the entire record, with this
hearing.
16
established by clear, cogent and convincing evidence.
17
2. That the record, in whole or part, Is not sufficient for
18
C. The County Council may, where Its decision results In approval,
the Council to make a reasoned decision on the appeal.
19
Impose, modify or delete conditions upon the permit consistent with
20
statute, regulation, ordinance or policy of Whatcom County or the
3. That the decision of the Hearing Examiner should be
21
state of Washington. The decision of the County Council shall be
reversed, and that additional Information is necessary before
22
final unless review Is taken within ten days to a court of competent
a final decision can be made.
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jurisdiction.
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B. The remand shall be In the form of a written order and shall state
25
D. No individual or county official shall Interfere with or attempt
the specific areas to be considered by the Hearing Examiner at the
26
to Interfere with the Hearing Examiner or the individual council
remand hearing. The remand hearing shall be limited to the specific
I 27
members in the execution of their quasi - judicial duties under this
areas of concern stated in the remand order from the County Council.
28
ordinance.
29
C. Upon receipt of the remand order, the Hearing Examiner shall set
30
the matter for public hearing. Such hearing shall be expedited to the
31
24.06.070 - Permit Expiration,
extent that is practical, not to exceed twenty (20) working days from
32
the receipt of the remand order. Notice of the hearing shall be given
33
All permits will expire on December 31 of each year, unless there is a
to the applicant and all parties of record by mail at their last known
34
special expiration date required by these Rules and Regulations or
address: No other notice Is required.
35
Health Board actions.
36
D. The Hearing Examiner shall file the Information requested In the
37
remand order with the Clerk of the Council as soon as possible but not
38
24.06.080 - Permit Renewals,
to exceed fifteen (15) working days from the date of the hearing.
39
40
All permit- holders except for sludge utilization permit- holders will
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be notified in August of each year that renewal applications must be
1
.093 NOTICE OF SUSPENSION OR REVOCATION
received by September 30. Procedures for renewal permits will be the
2
same as for new permits, except that applications for renewal will not
3
Permit suspension or modification shall be carried out through the
be reviewed by the Department of Ecology, and except as provided for
4
notice provisions of this regulation. The suspension or revocation
In 24.06.041 through 24.06.054.
5
shall be effective upon service of the notice upon the holder or
6
operator. The holder or operator may appeal such suspension or
7
revocation as provided by this regulation.
24.06.090 - Suspension and Modification_ of Permits,
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9
.094 REFUND OF FEES
091 CONDITIONS
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11
Permit fees will not be refunded to operators of facilities with
Any permit issued under a solid waste regulation may be suspended by
12
suspended permits.
the Health Officer when:
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14
.095 ELIGIBILITY FOR PERMITS
(a) The permit holder has violated the solid waste
15
regulations more than three (3) times within the last five (5)
16
Whenever a permit Is suspended, the Health Department may hold the
years; or
17
applicant and /or the site ineligible for future solid waste permits.
18
(b) The permit holder knowingly, or with reason to know, made
19
The Department may deny an application for a solid waste permit or
a false statement or an omission of material fact in the
20
permit renewal If It finds that the same permit holder and /or site has
application for a permit or any data attached thereto, or In
21
experienced a permit suspension under these rules and regulations, or
any matter pertaining to the Department's administration of
22
any other comparable regulations Issued by a governmental entity of
the permit; or
23
similar Jurisdiction, any time within the three (3) years Immediately
24
preceding the date of such application.
(c) Operations under the permit have violated a Solid Waste
25
Regulation, and continued operation of the solid waste site
26
.096 MODIFICATION OF PERMITS AFTER ISSUANCE
poses a hazard to public health which cannot be remedied by
27
corrective action; or
28
The Health Officer may modify a permit after Its Issuance if necessary
29
to make it conform to promulgation or revisions of applicable solid
(d) The permit holder has failed to comply with any notice
30
waste regulations or to respond to newly discovered Information
Issued pursuant to this regulation.
31
pertinent to the permitted activity. No additional fee or penalty
32
shall be imposed.
.092 CONTINUED OPERATION DURING SUSPENSION
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34
When the Health Department finds that cause exists as
p provided above
35
24.06.100 - Hearing and peals .
for suspending a permit, the continued operation of the solid waste
36
site may be made conditional upon performance of steps deemed
37
An aggrieved applicant may appeal a denial of a permit or suspension of a
necessary by the Health Officer to protect the public health, and /or
38
permit in accordance with R.C.W. 70 -95 -210.
the assessment of administrative costs as defined in 26.06.130.
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Copies of all permit applications and all administrative notes, memos, and
correspondence including public comments, regarding any and all sludge
utilization sites shall be collected and maintained by the Health Department
for public Inspection or research.
24.06.120 - Special Regulations.
The Board may make special regulations for allowance of specific experiments
in sludge utilization.
24.06.130 - Administrative Notice Proceedings, Civil Penalties and Abatement.
.131 DEFINITIONS.
"Administrative Costs" as used In this regulation 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 regulation shall mean the "local
health officer: as that term Is used in Chapter RCW 70.05, or his
authorized representative.
"Nuisance" as used In this regulation 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 regulation shall Include any natural person,
organization, corporation or partnership and their agents or assigns.
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1 "Public Nuisance" as used in this regulation Is defined as a nuisance
2 which affects the rights of community or neighborhood, although the
3 extent of the nuisance may be unequal.
4
5 "Solid Waste Regulation" as used In this regulation shall Include this
6 regulation and any other existing or future solid waste rules and
7 regulations of the County regulating the handling of solid waste
8 pursuant to RCW 70.95, and shall also Include any condition of a
9 permit issued pursuant to this regulation, and shall Include any state
10 or federal regulations adopted by reference by the Board.
11
12
13 24.06.150 - Administration - Civil Penalties.
14
15 The Administrative Officer Is hereby authorized to utilize the procedures of
16 this regulation in order to enforce any solid waste regulation.
17
18
19 24.06.160 - Violations as Nuisances.
20
21 All violations of solid waste regulations are determined to be detrimental to
22 the public health, safety, and welfare and are hereby declared to be public
23 nuisances. All conditions which are determined by the Administrative Officer
24 to be in violation of any solid waste regulation shall be subject to the
25 provisions of this regulation and may be corrected by any reasonable and
26 lawful means as provided herein.
27
28
29 24.06.170 - Civil Penalty,
30
31 In order to encourage compliance with these regulations and with the
32 conditions of permits Issued under these regulations, a system for imposing
33 civil penalties is hereby adopted.
34
35 In addition to or as an alternative to any other judicial or administrative
36 remedy provided herein or by law, any person who violates a solid waste
37 regulation, or rules and regulations adopted thereunder, shall be subject to a
38 civil penalty.
39
40 Each day during which a violation continues uncorrected shall be deemed a
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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 each
continuous violation to be directly assessed by the Health Department until
such violation Is corrected. The penalty shall be up to two hundred dollars
WOO) 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 assessed will be enforced and collected in accordance with
the procedures specified in this regulation.
All civil penalties collected pursuant to this regulation shall be deposited
In the County Current Expense Fund.
.171 CIVIL PENALTIES FOR SLUDGE SPREADING.
One -time only 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% or more, $50 per acre; for
cadmium applications, If exceeded by 20% or more, $10 per
acre.
(C) Cover crop not planted, $10 per acre.
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1
2 (D) Dates of compliance violated, $20 per acre.
3
4
5 24.06.180 - Abatement.
6
7 In addition to any other remedy provided herein or by law, the Administrative
8 Officer may require a solid waste regulation violation to be abated. The
9 Administrative Officer may require any person, who creates or maintains a
10 public nuisance caused by violation of any solid waste regulation, to commence
11 corrective work and to complete the work within such time as the
12 Administrative Officer determines reasonable under the circumstances. If the
13 required corrective work Is not commenced or completed within the time
14 specified, the Health Officer may proceed to abate the public nuisance and
15 cause the work to be done. He will charge the costs thereof as a Joint and
16 several personal obligation of each person who Is In violation. The costs of
17 abatement may Include administrative costs.
18
19
20 24.06.190 - Notices of the Health Officer,
21
22 COMMENCEMENT OF PROCEEDINGS.
23
24 Whenever the Health Officer has reason to believe that a use or
25 condition exists in violation of any solid waste regulation, he may
26 Initiate abatement or enforcement proceedings or commence an
27 administrative notice proceeding under this chapter to cause the
28 enforcement and correction of each violation.
29
30 X192 STOP WORK ORDERS.
31
32 Pending commencement and completion of the notice procedure provided
33 for In this chapter, the Health Officer may cause a "stop work order"
34 to be served In the manner provided in 24.06.210 on persons engaged In
35 any work or activity which violates a solid waste regulation or which
36 deviates from the permit.
37
38 The "STOP WORK" ORDER shall set forth the specific nature, extent and
39 time of the violation or deviation, and shall order a stop to all work
40 connected with the violation or deviation. The order shall also set
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forth a specific course of action needed to correct such violation or
1
to abate the violation and cause the work to be done and charge the
deviation.
2
costs thereof, Including administrative costs, as a Joint and several
3
personal obligation of any person In violation; and III) If any
The effect of such a "stop work order" shall be to require the
4
assessed civil penalty is not paid, the Health Officer will charge the
Immediate cessation of such work or activity until authorized by the
5
amount of the penalty as a Joint and several personal obligation of
Health Officer to proceed.
6
any person In violation; along with administrative costs;
7
8
(f) A statement advising that the notice shall become final unless,
24.06. 00 - Health Officer's Notice.
` 9
no later than ten (10) days after the notice Is served, any aggrieved
10
person submits in writing a notice of appeal to the Health Officer.
Whenever the Health Officer has reason to believe that a violation of a solid
11
waste regulation will be most promptly and equitably terminated by an
12
administrative notice proceeding, he shall Issue a written notice directed
13
24.06.210 - Method of Service of Health Officer's Notice.
either to the owner or operator of the source of the violation, the person In
14
possession of the property where the violation originates, or the person
15
Service of the notice shall be made upon all persons Identified in the
otherwise causing or responsible for the violation or any of them. The notice
16
notice either personally or by mailing a copy of such notice by
may be posted on the property in addition to service as provided In 24.06.210
17
certified mall, postage prepaid, return receipt requested to such
and shall contain:
18
persons at their last known address. If the address of any such
19
person cannot reasonably be ascertained, then a copy of the notice
(a) The street address when available and a legal description of real
20
shall be mailed to such person at the address of the location of the
property and /or description of personal property sufficient for
21
violation. The failure of any such person to receive such notice
identification of where the violation occurred or is located;
22
shall not affect the validity of any proceedings taken under this
23
chapter. Service by certified mall In the manner herein provided
(b) A statement that the Health Officer has found the person to be In
24
shall be effective on the date of mailing.
violation of a solid waste regulation, with a brief and concise
25
description of the conditions found to be In violation;
26
27
24.06.220 - Hearing and Appeals,
(c) A statement of the corrective action required to be taken. If
28
the Health Officer has determined that corrective work is required,
29
,2U NOTICE OF APPEAL
the notice shall require that all required permits be secured and the
30
work physically commenced within such time and be completed within
31
Any aggrieved person may appeal any administrative notice, any
such time as the Health Officer shall determine Is reasonable under
32
assessment of civil penalty, or stop work order by submitting to the
the circumstances;
33
Health Officer a written request for a hearing within ten (10) days of
34
the service of the notice. The notice of appeal shall cite the notice
(d) A Statement specifying the amount of any civil penalty assessed
35
appealed from and contain a brief statement of the reasons for seeking
on account of the violation and, if applicable, the conditions on
36
an appeal hearing.
which assessment of such civil penalty is contingent;
37
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.222 NOTICE OF APPEAL HEARING
(e) Statements advising the (1) If any required work Is not commenced
39
or completed within the time specified, the Health Officer may proceed
40
After receipt of a notice of appeal, the Health Officer shall transmit
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the notice of appeal, and the notice appealed from, to the Hearing
1
Whenever possible, the appeal from the Health Officer's administrative
Examiner. An appeal hearing shall be conducted on the record.
2
notice shall be combined with any other appeal from enforcement
Written notice of the time and place of the hearing shall be given at
3
actions relating to the same subject matter and falling within the
least ten (10) days prior to the date of the hearing to each appealing
4
jurisdiction of the Hearing Examiner.
party, to the Health Officer whose notice is being appealed, and to
5
all other Interested persons who have requested In writing that they
6
be so notified.
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8
24.06.230 - Final Determination.
.223 CONDUCT OF APPEALS
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.231 FINALIZATION OF ADMINISTRATIVE NOTICE
All appeals shall be conducted In accordance with Washington
11
Administrative Code Chapter 1 -08, "Uniform Procedural Rules ". provided
12
Any administrative notice duly Issued by the Health Officer pursuant
however, that Section 1 -08 -590 shall be excluded. Should any conflict
13
to the procedures contained In this ordinance shall become final ten
arise between the provisions of this regulation and the applicable
14
(10) days after its Issuance, unless a written notice of appeal Is
section of WAC Chapter 1 -08, the provisions of this Regulation shall
15
timely received.
prevail. For the purpose of this regulation, all references In the
16
WAC to "agency" shall mean "Hearing Examiner ".
17
.232 FINALIZATION OF HEARING EXAMINER'S DECISION
18
In addition to the other authority as contained in the WAC, the
j 19
The Hearing Examiners decision shall become final twenty (20) days
Hearing Examiner may promulgate and adopt such additional rules as are
20
after mailing unless within that time period an aggrieved person
necessary for the conduct of a hearing.
21
initiates review by writ of certiorari in the County Superior Court,
22
or as otherwise provided by RCW 70.95.210.
.224 FINDINGS AND DECISION
23
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Following review of the evidence submitted, the Hearing Examiner shall
25
24.06.240 - Supplemental Notice,
make written findings and conclusions, and shall affirm or modify the
26
notice previously Issued if he finds that a violation has occurred.
27
The Health Officer may at any time add to, rescind In part, or otherwise
The written decision of the Hearing Examiner shall be mailed by
28
modify a notice by issuing a supplemental notice. The supplemental notice
certified mall, postage prepaid, return receipt requested, to all the
29
shall be governed by the same procedures applicable to all notices as
parties.
30
contained in this regulation.
31
TIME LIMITATIONS
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24.06.250 - Notice Enforcement.
The appeal hearing before the Hearing Examiner shall occur within
34
sixty (60) days following receipt by the Health Officer of the written
351
ENFORCEMENT OF FINAL NOTICE.
notice of appeal, unless continued at the request and consent of the
36
Interested parties.
37
If, after any notice has become final, the person to whom such order
38
is directed falls, neglects, or refuses to comply with such notice,
.226 NOTICE OF APPEAL
39
Including refusal to pay a civil penalty assessed thereunder, the
40
Health Officer may enforce the rules and regulations cited in the
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notice by any means authorized herein or as otherwise authorized by
law.
.252 ENFORCEMENT STAYED PENDING APPEAL
Enforcement of any notice and order of the Health Officer Issued
pursuant to this regulation 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 until the notice
appealed from has become final.
253 ONE -YEAR LIMITATION ON ENFORCEMENT.
The Health Department, through Its attorney, may institute any civil
legal proceedings necessary to enforce any final order against any
person for a one -year period after the date of the final order with
which such person has failed to comply.
24.06.260 - Civil Suit For Collection of Penalties and Costs.
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 /or for Its administrative costs
pursuant to this regulation, against any person whose violation or violations
of a Solid Waste 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.
24.06.270 - Severabllity.
Should any section, subsection, paragraph, sentence, clause or phrase of this
regulation be declared unconstitutional or Invalid for any reason, such
decision shall not affect the validity of the remaining portions of this
regulation.
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ADOPTED this 30th day of March, 1989.
WHATCOM COUNTY CIL
ATTEST: OM COUNTY S INGT N
W
Ramona Reeves, Council Clerk aid G. n y, CFaIrman
APPROVED AS TO FORM:
Civil Deputy Prosecutor
(✓f Approved ( ) Denied
14 A-
Shirley Van ZAnten, Executive
Date:
87
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[EXHIBIT A]
1
01
Plague
5.55
SCHEDULE OF FEES AND
CHARGES
2
01
Yellow Fever
20.95
The following schedule of
fees and charges are established for the
Mhatcom
3
01
Influenza
4.75
County Health Department
for 1989:
4
01
Pneumonia
11.45
CASH
REG.
CHILDREN
5
ALL AGES
CODE SERVICE•
AGES 0 -6
6
02
International Certificate Validation
4.00
CLINIC
7
04
Tuberculin Skin Tests (pre - employment and school screening)
3.00
01 Oral Polio
$ 1.00
8
06
Other Clinic Services (serology for marriage /Immlgratlon)
3.75
01 DTP, DT (Ped.), MMR,
Salk Polio, HbPV
1.75
9
Vi +al
Statistics
CHILDREN
ADULTS
AGES 7 -17
18 AND OVER
10
07
Certified birth certificate or laminated cards
11.00
O1 Td (Adult)
S 4.35
$ 5.35
11
08
Certified death certificate (first copy)
11.00
01 Oral Polio
9.70
10.70
12
Each additional copy (ordered at same time)
6.00
01 Salk Polio
17.50
18.50
13
09
Search of vital records (if certificate not Is not Issued)
8.00
01 Measles- Mumps - Rubella
Combination
27.40
28.40
14
09
Notary Service (per Item)
3.00
AGES 1 -17
15
16
ENVIRONMENTAL HEALTH
FE E
01 Measles
14.50
15.20
17
01
Mater culture
12.00
01 Mumps
17.85
18.85
18
01
Mater culture retest (check sample)
6.00
01 Rubella
15.15
16.15
19
01
Mater pH
7.50
01 Hepatitis B, Rables,
Rabies Immune, HBIG,
TIG Cost, plus
Cost, plus
1.75
2.75
20
01
Mater conductivity
7.50
01 ISG (Gamma Globulin)
1 cent /lb.
1 cent /lb.
21
01
Serial dilution coliform culture
31.50
+ 1.75
+ 2.75
22
01
Mater pick up - slaughter house
17.00
ALL AGES
23
02
Site inspection - septic tank
86.00
01 Tetanus- Toxold
4.10
24
03
Septic tank permit (new construction)
81.00
01 Typhoid
3.35
25
15
Septic tank permit - minor repair
8.50
O1 Cholera
4.60
26
Page 1 of 4
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Page 2 of 4
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91
1 08
Recreational vehicle park: Under 50 spaces:
90
15
Septic tank permit - major repair
55.00
03
Septic tank permit renewal
8.50
04
Sewage system designer's examination fee
55.00
04
Septic tank designer's license Initial:
120.00
6 09
Renewal:
120.00
04
Septic tank cleaner's /Installer's license Initial:
17.00
8 10
Renewal:
8.50
05
Restaurant plan review + first Inspection prior to licensing
26.00
05
Restaurant permit 25 seats or less
81.00
11 12
26 to 99 seats
135.00
12 12
100 seats or more:
187.00
05
Restaurant mid -year change of ownership permit
55.00
05
Temporary food service license Paid 5 days in advance:
30.00
15 14
Paid at inspection time:
37.00
16 14
Multiple events:
60.00
17 14
Cookoff:
30.00
18
plus for each competitor:
5.00
05
Taverns without food service
67.00
05
Bakeries
81.00
05
Groceries with 1 other service, 1 -year permit
81.00
22 -
Each additional service (bakery, dell, etc.)
30.00
05
Groceries without meat, dell, bakery; 1 -year permit
30.00
05
Non - profit seasonal camp operation
58.00
05
School kitchens (primary preparation)
58.00
26
(satellite, holding only and services w/o cooking)
30.00
05
Thermometer charge (refundable on return)
5.00
05
Food worker permit
5.00
06
Replacembnt of lost food worker card
2.00
07
FHA and VA Inspection: Private water and sewage system
132.00
31
Public water and sewage system
115.00
07
School and Institutional Inspection on request
68.00
33
Page 3 of 4
91
1 08
Recreational vehicle park: Under 50 spaces:
120.00
2
50 to 99 spaces:
135.00
3
100 to 149 spaces:
149.00
4
150 and more:
162.00
5
6 09
Plat approval, long and short $74.00 plus $12
per lot
7 09
Plan review (at Buildings and Codes)
15.00
8 10
Appeals Board application - sewage system appeals
168.00
9 11
Public well site approval; new construction or existing well
187.00
10 12
General solid waste disposal site; private and public
575.00
11 12
Limited solid waste; wood, demolition, plies or Impoundments
175.00
12 12
Solid waste transfer station; privately operated
90.00
13 12
Sewage sludge land spreading site permit
265.00
14 13
Swimming pools
84.00
15 14
Migrant labor camp permit $95.00 plus $8 per unit (263.00
maximum)
16 14
Private camp permit
95.00
17 14
Water recreation facility (1 year permit)
84.00
18
19 -
Any fee for license or permit received later than 10 days after
20
Initial date of license or permit shall have late fee charge of:
16.00
21
22 -
Any fee for renewal of license or permit received more than six
23
weeks after renewal date shall have a late fee charge of:
32.00
24
25 16
Solid waste permit and variance appeals, filing fee
352.00
26
27 16
Miscellaneous /duplicate copies of public records: Per page-
.05
28
(50 cents
minimum)
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35
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