HomeMy WebLinkAboutord1989-024VA
HEALTH.ord INTRODUCED BY: Consent
[FINAL] PROPOSED BY: Pros. Atty.
DATE: 2 -16 -89
ORDINANCE NO. 89 -24
AMENDING THE WHATCOM COUNTY CODE, ADDING TITLE 24,
THE WHATCOM COUNTY HEALTH CODE
WHEREAS, the state of Washington has authorized the counties to
establish and organize a local health board and health department under RCW
70.05; and
WHEREAS, the combined Bellingham - Whatcom County Health District will
dissolve on March 31, 1989; and
WHEREAS, the Whatcom County Council must supervise all matters
pertaining to the preservation of the life and health of the people within its
jurisdiction as allowed by RCW 70.05.060;
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the
schedule of fees and charges for the Whatcom County Health Department,
attached to this ordinance as "Exhibit A", are adopted for the remainder of
1989; and
BE IT FURTHER ORDAINED that Chapter 2.42 of the Whatcom County Code is
hereby repealed, since its content will be reflected in Title 24; and
BE IT FURTHER ORDAINED by the Whatcom County Council that the following
are hereby adopted by ordinance as the Whatcom County Health Code (WCHC), to
be codified as Whatcom County Code Title 24 in its entirety:
TITLE 24
WHATCOM COUNTY HEALTH CODE
24.01
PURPOSE.LIMITATION ON LIABILITY AND DEPARTMENT ESTABLISHMENT.
24.01.010 - Purpose.
This Title is enacted as an exercise of the police power for the benefit of
the people at large. It is not intended to create a special relationship or
private right with any individual or individuals, nor to identify any
particular class of persons. The purpose of this Title is to provide minimum
standards to safeguard public health and welfare by regulating and controlling
the activities considered herein and any related work. It is not the intent
of this Title to impose liability upon the County for failure to perform any
discretionary act. Rather, it is the intent of this Title to place the
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obligation of complying with its requirements upon the owner and actor.
Nothing contained in this Title shall be construed to relieve from or to
lessen the responsibility or liability of any actor or landowner for action
taken or failure to take action, nor shall the County of Whatcom or any
officer, agent, or employee thereof incur or be held as assuming any liability
by reason or in consequences of any permission, certificate of inspection,
inspection or approval authorized herein, or issued or given as herein
provided, or by reasons or consequence of any things done or acts performed
pursuant to the provisions of this Title.
24.01.020 - Establishment.
Under authority of the Whatcom County Home Rule Charter Section 2.20(c), RCW
70.05, and other applicable state statutes, there is hereby created a Health
Department (hereafter referred to as the "department "), an executive
department. The department shall commence operation on April 1, 1989;
provided, however, that the County Executive may take any preliminary or
transitional steps necessary for the formation of the department and the
implementation of this chapter.
24.01.030 - Administration.
The department shall be administered by an administrative officer who shall be
the County Executive, in accordance with RCW 70.05.045. The County Executive
shall appoint a Health Officer, who shall also serve as administrative
director, to manage the department and who shall have the qualifications as
stipulated by law. The County Executive may, alternatively, with the consent
of the Council, but only as an interim measure for a period not to exceed 120
days, appoint an administrative officer separate from the Health Officer. The
appointment of the Health Officer and /or administrative officer shall be
confirmed by the County Council. These appointees shall serve indefinite
terms at the will of the Executive, and may be removed by the Executive upon
the filing of a statement of reasons therefore with the County Council.
The powers and duties of the administrative officer may be delegated to the
Health Officer or such other administrative officer as appropriate, and shall
include such powers and duties as provided in RCW 70.05.060, set out here for
reference, and other administrative duties that may be established by state or
county law:
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A. Enforce the public health statutes of the State and the rules and
regulations promulgated by the State Board of Health and the secretary
of Social and Health Services.
B. Supervise the maintenance of all health and sanitary measures for
the protection of the public health within its jurisdiction.
C. Provide for the control and prevention of any dangerous,
contagious, or infectious disease within the jurisdiction of the
health department.
D. Provide for the prevention, control and abatement of nuisances
detrimental to the public health.
E. Make such reports to the state board of health through the local
health officer or the administrative officer as the State Board of
Health may require.
24.01.050 - Creation of Health Board.
The Whatcom County Council shall constitute the official County Health Board,
in accordance with RCW 70.05.030, and shall create a Health Department
Advisory Committee composed of three County Council members appointed by the
County Council. Two representatives from the City of Bellingham appointed by
the Bellingham City Council, one representative from the small cities
appointed by the small cities, and one representative from the unincorporated
rural areas appointed by the County Council. Unless the chair determines
there is not business for it, the Advisory Committee shall meet before every
regular Council meeting as its members shall determine; it shall be delegated
authority to hold public hearings on behalf of the Council; it shall review
matters within the jurisdiction of the Health Board and shall make
recommendations to the Council for action.
The Whatcom County Council in its capacity as Health Board shall have the
following legislative powers, in accordance with RCW 70.05.060, and other
legislative duties that may be established by state or county law:
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A. Enact such local rules and regulations as are necessary in order
to preserve, promote, and improve the public health and provide for
the enforcement thereof.
B. Establish fee schedules for issuing or renewing license or permits
for such services as are authorized by the law and the rules and
regulations of the State Board of Health; such fees for services shall
not exceed the actual cost of providing any such services.
C. Meet from time to time with representatives of the cities with
which the department may contract to review performance and service
provision.
D. Make recommendations to the Executive on matters affecting public
health.
.V,E,Kllk - •, • 00. 1XIIST-TOROM, ttt IN I Z - V W 1011 a Ell IIIIIII'vP i u-- t�
Immediately after appointment, the members of the Health Advisory Committee
shall meet and select a chairperson to serve until the next following County
Council reorganization. Annually thereafter the appointed members shall
choose a chairperson. Meetings of the Advisory Committee shall be subject to
the Open Meetings Act, RCW 42.30 et seq., and the Advisory Committee shall
adopt, subject to change insofar as appropriate considering the
reorganization, and considering its status as an advisory board to the County
Council, the operational by -laws of the Bellingham - Whatcom County District
Board of Health.
.081 FOR 1989.
For the nine months from April 1, 1989 to December 31, 1989, the
Department shall provide health services to the cities of Whatcom
County of the same quantity and quality as has been done in the past,
and at a cost determined by the Health District's 1989 budget, based
on the formula which has heretofore been employed for that purpose.
.082
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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.
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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.
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34 24.01.110 - Sgverability.
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36 If any part of this Ordinance is deemed illegal, the validity of the remaining
37 portions shall not be affected and the rights and obligations of the parties
38 shall be construed as if the ordinance did not contain the particular illegal
39 part. If it would appear that any provisions of this ordinance are in
i0 conflict with any statutory provisions of the State of Washington, such
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provision of the ordinance shall be deemed inoperative and void and shall be
modified to conform to such statutory provision.
24.02
MOBILE HOME PARK REGULATIONS
24,02.010- Definitions.
"Health Officer" - the legally designated health officer as defined in
RCW 70.05.010 (2) or his authorized representative.
"Person" - Any individual, firm, corporation, partnership, association
or an agent of any individual, firm, corporation, partnership,
association or an agency of state, county or municipal government.
"Service Building" - A building within a park which contains toilet,
lavatory and /or bathing facilities and /or laundry facilities.
"Mobile Home" - A factory - assembled structure or structures
constructed so as to be readily movable as a dwelling unit on its own
running gear and designed to be used as a dwelling unit without a
permanent foundation.
"Mobile Home Park" - A parcel of land on which three or more mobile
homes are located for use as dwellings.
"Permanent- Type-Sewer and Water Connections" - A durable pipe with
tight fitting connections.
24.02.020 - New Construction Standards.
.021 Plans and Specifications.
A. No person shall construct or establish a new park 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. 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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Individual water service connections shall meet the following
requirements:
a. Water riser pipes shall extend at least six inches
above ground elevation. Surface drainage shall be
diverted away from the riser pipe.
b. Underground stop and waste valves shall be
required and located so as to preclude sewage or other
contaminants from entering the stop and waste valve.
24.02.040 - Plumbina.
Plumbing shall conform with current edition of the Uniform Building
Code.
MMIMMMEEMNIM7 ..
.051
All sewage shall be discharged into a sewage disposal system approved
by the local health officer. 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.
.052
All spaces shall have sewer connections.
a. The sewer riser pipe shall be so constructed as to be
protected from damage and surface water drainage. A concrete
apron or equivalent shall be used.
b. The sewer riser pipe shall be capped in an approved manner
when not in use.
24.02.060 - Toilet. Lavatory and Bathing Facilities.
.061
Service buildings shall be well -lit and ventilated and constructed of
materials which are easily cleaned. Floors in service buildings shall
be constructed of water - impervious material and sloped to a floor
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drain.
.062
Walls and partitions around showers, lavatories and other plumbing
fixtures shall be constructed of non - absorbent, waterproof material or
covered with moisture - resistant material.
.063
Toilet partitions shall be raised 12 inches from the floor and shall
be so constructed as to be easily cleanable.
.064
All service buildings and sanitary facilities shall be kept clean and
in good repair.
.065
Buildings shall conform with the current edition of the Uniform
Building Code.
.066
Hot water shall be provided for lavatories, showers, and other bathing
units between the minimum temperature of 100- degrees - fahrenheit and
the maximum temperature of 130 - degrees - fahrenheit.
.067
If soap is provided, liquid or powdered soap in a suitable dispenser
shall be used. Bar soap shall not be provided.
24.02.070 - Operation and Maintenance.
All mobile home parks, newly constructed or existing on the effective date of
this ordinance shall be required to meet all maintenance and operation
standards.
.071 WATER SUPPLY.
Water supplies serving parks shall conform to the requirements of WAC
248.54, Rules and Regulations of the State Board of Health regarding
public water systems.
.072 SEWAGE DISPOSAL.
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Sewer riser pipe shall be capped in an approved manner when not in
use. Sewer line connections shall be tight - fitting.
.073 SERVICE BUILDINGS /SANITARY FACILITIES.
All service buildings and sanitary facilities shall be kept clean and
in good repair.
a. Existing lavatories, showers, and other bathing units
shall provide hot water between the minimum temperature of
100 - degrees fahrenheit and the maximum temperature of 130 -
degrees- fahrenheit.
b. If soap is provided, liquid or powdered soap in a suitable
dispenser shall be used. Bar soap shall not be provided.
.074 SOLID WASTE CONTAINERS.
Each park shall be equipped with adequate solid waste containers. All
solid waste containers shall be constructed so as to be insect- and
rodent - proof, water - tight, and easily cleanable.
.075 OCCUPANCY LIMITS.
Occupancy of the park shall not exceed the capacity of the sanitary
facilities serving the park.
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Any person operating a park shall operate in compliance with these rules and
regulations and shall provide adequate supervision to maintain the park, its
facilities and equipment in good repair and in a clean and sanitary manner.
24.02.090 - Severability.
If any provision of this ordinance or its application to any person or
circumstance is held to be invalid, the remainder of this ordinance, or the
application of the provision to other persons or circumstances is not
affected.
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Food Service Rules and Re" lations
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.
24.03.020 - Rules Adopted.
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.
24.03.030 - Definitions.
"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 Service 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.
IN
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"Food Service Establishment" - All types of establishments listed in
WAC 248 -84 -002 Section 11, with the following modifications:
a. Tavern: An establishment in which alcoholic beverages are
the primary sales, and food service is limited to food items
that are received and sold prepackaged.
b. Retail Grocery Store: A food service establishment listed
in which all potentially hazardous foods or beverages are
received and sold prepackaged.
c. Retail Meat and Fish Markets: A food service establish-
ment in which potentially hazardous meat or fish products are
cut and /or packaged, but not cooked. This type of establish-
ment includes grocery stores with fresh meat and /or fish.
24.03.040 - Permits.
.041 Permits will be required as provided in WAC 248 -84 -070.
.042 Permits for all food service establishments except temporary
food service establishments will be Issued to be effective from the
time of an initial satisfactory inspection and payment of the permit
fee for a period not to exceed one year.
.043 Permits for temporary food service establishments will expire
at the end of the event for which they are issued, but in no case
shall this exceed 14 days.
.044 Permits will be suspended and /or reinstated as provided in WAC
248 -84 -070. Any one of the following shall be grounds for suspension
of a permit:
a. Refusal to correct immediately any red critical item
violation, or,
b. Finding any single red critical item violation on two
consecutive inspections within 6 months, or,
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,
d. Finding that continued operation would otherwise
constitute an immediate and substantial hazard to public
health.
24.03.060 - Fees.
Permit fees shall be established yearly by the Council and shall be based on
the cost of the inspection service.
24.03.070 - Severability.
If any provision of this regulation or its application to any person or
circumstance is held invalid, the remainder of the regulation or the
application of the provisions through other persons or circumstances is not
affected.
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24.04
RECREATIONAL VEHICLE PARK AND SUBDIVISION RULES
24.04.010 - Objectives.
These regulations set forth minimum requirements for development and operation
of recreational vehicle parks and subdivisions. The regulations are
supplemented by guidelines containing specific design information for various
types of park developments and facilities and information as to how the
provisions of this chapter can be met.
24.04.020 - Definitions.
"Health Officer" - The legally designated health officer as defined
In RCW 70.05.010 (2) or his authorized representative.
"Person" - Any individual, firm, corporation, partnership, association
or an agent of any individual, firm, corporation, partnership,
association or an agency of state, county or municipal government.
"Recreational Vehicle Park" - A parcel of land in which three or more
sites are primarily for occupancy by recreational vehicles for travel,
recreation or vacation uses. Only spaces in a mobile home park that
are designated and /or are used for recreational vehicles shall
constitute a recreational vehicle park. For the purposes of these
regulations, the "recreational vehicle park" shall include camping
clubs as defined in RCW 19.105.010.
"Recreational Vehicle Subdivision" - A subdivision in which three or
more lots are primarily for occupancy by recreational vehicles for
travel, recreation or vacation uses.
"Recreational Vehicle" - A vehicular type unit, as defined by the
Department of Labor and Industries, designed for temporary living
quarters for recreational, camping or travel use, which either has its
own motor power or is mounted on or drawn by another vehicle.
"Dependent Space or Lot" - A space or lot at which there is no
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. The area and dimensions of the tract of land.
2. The number, size and location of dependent and
independent spaces.
3. The location of service buildings, sewage dumping
stations and other structures.
4. Specifications of the water supply, sewage
disposal, waste -water disposal and solid waste
management systems.
5. Specifications of all service buildings to be
constructed.
C. Evaluation of plans and specification 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, or his representative,
shall issue a written approval, disapproval, or inform the
applicant in writing or any changes necessary to comply with
these regulations.
.032 WATER SUPPLY
A. Water supplies serving parks and subdivisions 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.
B. Community water points for potable water shall have
unthreaded faucets and shall discharge at least 30 inches
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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
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permit periodic wash -down of the immediate adjacent
areas. A sign shall be posted near the water outlet
indicating that this water is for flushing and
cleaning purposes only.
d. Individual sewer service will not be required to
lots or spaces that do not have an individual water
service connection. Individual sewer service will be
required on one -third of the spaces or lots that do
have individual water service connections. Based on
use, the health officer may require individual sewer
and water services to all spaces or lots.
1. The sewer riser pipe shall be constructed
so as to be protected from damage and surface
water drainage. A concrete apron or equi-
valent shall be used.
2. The sewer connection outlet must have a
tight fitting cap when not in use.
e. Sink wastes must be discharged into an approved
fly -tight container.
5. Toilet, Lavatory and Bathing Facilities
a. Parks or subdivision shall provide conveniently
located service buildings or toilet facilities.
b. All dependent spaces or lots shall be located
within 400 feet of a toilet facility.
c. Minimum sanitary facilities required per dependent
space or lot in parks or subdivisions shall be
according to the following table:
IN
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Number of Handwashing
Dependent Toilets Urinals Sinks
Spaces or Lots Men Women Men Men Women
1-
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1 1
1 1
16 -
30
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2 2
31 -
45
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3 3
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60
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3 3
61 -
80
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5 2
4 4
81 -
100
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6 2
4 4
For parks or subdivisions having more than 100 dependent spaces or
lots, there shall be provided: One additional toilet and lavatory for
each sex for each additional 30 spaces or lots or fractional part
thereof, and one additional urinal for each additional 50 spaces of
lots or fractional part thereof.
d. The minimum sanitary facilities required for
independent spaces or lots shall be one toilet and one
handwashing sink per sex per 200 spaces or fractional
part thereof.
e. Service buildings shaii be well lit and ventilated
and constructed of materials which are easily cleaned.
Floors in service buildings shall be constructed of
water impervious material and sloped to a floor drain.
f. Walls and partitions around showers, lavatories
and other plumbing fixtures shall be constructed of
nonabsorbent, waterproof material or covered with
moisture resistant material.
g. Toilet partitions shall be raised 12 inches from
the floor and shall be so constructed as to be easily
cleanable.
h. Buildings shall conform with the current edition
of the Uniform Building Code.
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6. Other Requirements
a. The maximum size of an individual storage shed
shall be 100 square feet.
b. No enclosed room shall be added to a recreational
vehicle.
c. Only one recreational vehicle per space is
allowed.
d. Storage sheds shall not be used for living
purposes.
1LI 1E1 /-- •1 .re W n.11111
All recreational vehicle parks or subdivisions shall be required to meet
all maintenance and operation standards.
.041 PERMITS
A. No person shall operate a recreational vehicle park or
subdivision unless an annual permit for said park or
subdivision has been issued by the health officer, or his
representative.
B. The health officer, or his representative, is authorized
and directed to make such inspections as are necessary to
determine satisfactory compliance with the provisions of this
chapter. The results of such inspections shall be submitted in
writing to the park operator. For purpose of such inspection,
the health officer, or his representative, shall have free
access at reasonable times. If all standards required by this
ordinance are met, upon payment of a fee, the permit will be
issued.
C. Upon written notice to an operator, the health officer, or
his representative, may suspend or revoke the permit of a park
or subdivision or take such other action as he may deem
necessary, whenever he finds that the park or subdivision is
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not in compliance with these regulations.
D. Parks which are issued permits for a recreational vehicle
park which also have an area for mobile homes, shall not be
required to have a separate permit for the mobile home area
but shall have to meet all physical standards and the spaces
may be counted in charging the permit fee.
.042 WATER SUPPLY
Water supplies serving parks and subdivisions shall conform to
the requirements of WAC 248.54, Rules and Regulations of the
State Board of Health regarding Public Water Systems.
.043 SEWAGE DISPOSAL
A. The sewer riser pipe shall be capped in an approved manner
when not in use.
B. Sink water must be discharged into an approved fly -tight
container.
C. Sewer line connections shall be tight fitting.
D. Sewage dumping stations shall consist of a pipe connected
to an approved disposal system, surrounded at the inlet by a
concrete apron, sloped to the drain and provided with a cap or
cover. A water outlet, equipped with a back -flow prevention
device, shall be provided to permit periodic wash -down of
the immediate adjacent areas. A sign shall be posted near the
water outlet indicating that this water is for flushing and
cleaning purposes only.
.044 ALL SERVICE BUILDINGS AND SANITARY FACILITIES SHALL BE KEPT CLEAN
AND IN GOOD REPAIR.
A. Existing lavatories, showers and other bathing units shall
provide hot water between the minimum temperature of 100"F.
and the maximum temperature of 130° F.
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B. If soap is provided, liquid or powdered soap in a suitable
dispenser shall be used. Bar soap shall not be provided.
.045 ADEQUATE SOLID WASTE CONTAINERS WILL BE PROVIDED.
Each park or subdivision shall be equipped with adequate solid waste
containers for all occupants. All solid waste containers shall be
constructed so as to be insect and rodent - proof, water -tight and
easily cleanable.
.046 OCCUPANCY LIMITS.
Occupancy of the park shall not exceed the capacity of the sanitary
facilities serving the park.
24.04.050 - Facilities Management.
.051 PARK MANAGEMENT
Any person operating a park shall operate in compliance with these rules
and regulations and shall provide adequate supervision to maintain the
park, its facilities and equipment in good repair and in a clean and
sanitary conditions.
.052 SUBDIVISION MANAGEMENT
The person responsible for maintaining community property and central
facilities shall be considered to be the operator of the subdivision
and shall be responsible for supervision and management.
24.04.060 - Severab'I'Iity.
If any provision of this ordinance or its application to any person or circum-
stance is held invalid, the remainder of this ordinance, or the application of
the provision to other persons or circumstances is not affected.
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24.05
SEWAGE CONTROL RULES AND REGULATIONS
24.05.010 - Objectives.
Rules and Regulations defining and regulating sewage disposal systems,
regulating the construction, installation, alteration, maintenance, repair and
cleaning of sewage disposal systems; providing for the issuance of permits and
fees therefore; licensing the installers and cleaners of sewage disposal
systems, establishing fees and bonds therefore, requiring the connection of
premises to a public sanitary sewer.
24.05.020 - Definitions.
For the purpose of these Rules and Regulations, the following words and
phrases shall have the meanings ascribed to them in this section:
ABSORPTION TRENCH shall mean a ditch 36 inches or less in width in
which a drain line is to be installed.
ABSORPTION BED shall mean a ditch over 36 inches in width or more in
which an array of drain lines is to be installed.
BEDROOM shall mean any room normally used for sleeping. Any dwelling
unit with a total floor area (basement, first and second) of more than
1,000 sq. feet shall be considered to have at least two bedrooms. A
dwelling unit with 1,500 sq. feet shall be considered to have at least
three bedrooms, whether or not the rooms are designated as such.
BOARD OF HEALTH (or health board) shall mean the Whatcom County
Council.
CHEMICAL TOILET shall mean a fly- and vermin -tight building or
structure housing toilets) and covers therefor with a means of
disposal of human excrement by means of a suitable tank or vault
containing a chemical which will liquify said contents, destroy
potential disease - producing organisms with a minimum amount of
offensive odor.
COMPONENT REPLACEMENT shall mean substitution of a new septic tank,
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absorption line pipes, fittings or other parts of any existing system,
the substitution of which does not alter, expand or relocate the
system.
CONTAMINATION shall mean a change of the environment in such a manner
as to create and /or potentially create a health hazard.
CUTS and /or BANKS shall mean any naturally- occurring or human - formed
slope which is greater than 100 percent (45 degrees) and extends
vertically at least 5 feet from the toe of the slope to the top of the
slope.
EXPERIMENTAL SYSTEMS shall mean any alternative on -site system
excluding a larger system which has not yet had guidelines established
by the technical review committee as per WAC 248 -96 -046.
GROUND WATER shall mean subsurface water occupying the zone of
saturation.
HEALTH DEPARTMENT shall mean the Whatcom County Health Department and
its authorized representative.
INTERMITTENT STREAM shall mean a water course that has running or
standing water less than 6 months a year.
LOT shall mean the entire parcel of land with fixed boundaries in
single ownership, which area is for the use of the occupants of the
building to be served by the proposed sewage disposal system.
Easements may be included in determining the boundaries of the lot.
MAJOR REPAIR of a sewage disposal system shall mean the replacement of
an absorption field with any of the following: an absorption field
requiring more than 18 inches of fill soil, a pressure mound or a sand
filter system.
MINOR REPAIR of a sewage disposal system shall mean any alteration,
extension or relocation of the septic tank or absorption lines which
does not require more than 18 inches of fill soil, or the construction
of a pressure mound or sand filter system.
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MOBILE HOME PARK shall mean a plot of ground in which three or more
sites are occupied or intended for occupancy by mobile homes for
dwelling or sleeping purposes.
NEW CONSTRUCTION shall mean a new building or structure (excepting the
replacement of an existing unit) or the addition of a complete
dwelling unit to an existing building or structure.
PERCOLATION TEST shall mean a soil test performed at the depth of the
bottom of a proposed absorption trench or bed to estimate the water
absorption capability of the soil.
PERMEABLE SOIL shall mean soil with a percolation time of 60 minutes
to the inch or less.
PERMIT shall mean a written document issued by the Health Department
authorizing the construction, installation, or alteration of a sewage
disposal system.
PERSON shall mean any institution, public or private corporation,
state agency, individual, partnership, or owner entity.
PREMISES shall mean any building or structure and the property on
which it is located and surrounding area utilized by persons as a
residence, a place of business or place of sponsored public assembly
and include established picnic or camp grounds.
RECREATIONAL VEHICLE means a vehicular -type unit as defined by the
Department of Labor and Industries, designed for temporary living
quarters for recreational, camping or travel use, which either has its
own motor power or is mounted on or drawn by another vehicle.
RECREATIONAL VEHICLE PARK shall mean a plot of land in which three or
more sites are occupied or intended for occupancy by recreational
vehicles for travel, recreational or vacation uses.
RESTRICTIVE LAYER shall mean a layer that impedes the movement of
water, air and growth of plant roots. Examples of such layers or
conditions are groundwater tables, hardpans, claypans, fragipans,
compacted soil, bedrock and clayey soil.
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SANITARY PRIVY shall mean a fly and vermin -tight building or structure
housing toilet seats and covers therefore, with a means of disposing
of human excrement in such a manner as not to fall upon the surface of
the ground or into any water either directly or indirectly but shall
enter into a vault or pit where said contents shall be at all times
inaccessible to files or other vermin.
SECRETARY shall mean the secretary of the State Department of Social
and Health Services or his/her authorized representative.
SOIL LOG HOLE shall mean an excavation in soil with a minimum diameter
of 12 inches and a depth of 4 feet or to the restrictive layer if less
than 4 feet.
SURFACE WATER shall mean any body of water whether fresh or marine, or
water course, including lakes, impoundments and streams.
WET SEASON shall mean the period of year from December first to May
first.
24.05.030 - Lake Whatcom Watershed Definitions.
FIRST UPLAND ZONE shall mean that area of land extending between 100
and 500 feet inland measured horizontally from the high -water line.
HIGH -WATER LINE shall mean a line determined by the water's edge when
the water level of the lake is 314.9 feet above sea level.
SECOND UPLAND ZONE shall mean that area extending between 500 and
1,000 feet inland measured horizontally from the high -water line.
THIRD UPLAND ZONE shall mean that area extending between 1,000 feet
measured horizontally from the highwater tine and the boundaries of
the watershed.
WATERSHED shall be as defined in the Bellingham City Council
Ordinance No. 7775.
WATERFRONT ZONE shall mean that area of land extending from the
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water's edge to a line inland 100 feet measured horizontally from the
high -water line. This measurement must be made from the natural water
line. No artificial extension of the land by filling in of the lake
or construction of a bulkhead shall be allowed for the purpose of
increasing the measured distance horizontally.
1 1 � 1 •1 • 11 1• •- - • - .•- 1 �• -11 -• -•
No person shall occupy or use any premises unless there is provision for the
disposal of all human excrement and other liquid -borne refuse by either a side
sewer or sewage disposal system constructed and installed in compliance with
these Rules and Regulations. Existing sewer or sewage disposal systems
installed prior to the effective date of this ordinance shall be exempt from
24.05.080 and 24.05.090 but shall comply with 24.05.060 and other provisions
of these Rules and Regulations.
24.05.050 - Permit: When Needed.
It shall be unlawful to construct or install or make a major or minor repair
on a sewage disposal system with the exception of sanitary privies and
chemical toilets used in agricultural areas and construction sites, systems
requiring approval by the Department of Social and Health Services or
Department of Ecology or component replacements without having first obtained
a permit from the Health Department.
A. Applications for permits shall be made on forms provided by the
Health Department. All soil logs, percolation tests and system
designs shall be made by a licensed designer or registered civil
engineer. All data submitted shall be subject to review and
confirmation by a site inspection prior to issuance of a permit for
new construction or major repairs. The requirement for soil logs,
percolation tests and site inspections may be waived for lots in
approved subdivisions, including short subdivisions, where soil data
is on file at the Health Department.
Percolation rates shall be estimated from Table 1 if a minimum of 4
soil log holes show the soil horizons at the site of the proposed
absorption field to be consistent with those in the Soil Conservation
Service soil series. The number of holes may be reduced by the Health
Department if there is substantial reason to believe the soils are
1 uniform in type throughout the absorption system area. If the
2 observed soil types are not consistent with the Soil Conservation
3 Service soil series, then two or more percolation tests maybe required
4 by the Health Department.
TABLE I: PERCOLATION RATES OF PERMEABLE SOIL AS
RELATED TO SOIL TEXTURE
.Ti - ,
Less than 5 minutes
6 to 15 minutes
16 to 30 minutes
31 to 60 minutes*
Soil Texture
Coarse to medium sand
Fine sand, loamy sand
Sandy loam, loam
Porous silt loam, silt
29
*Soil with this percolation rate usually has a perched water table during the
wet season.
Sewage Effluent Application Rates
From E.P.A. Design Manual
0TI - - ",
Less than 5 minutes
6 to 15 minutes
16 to 30 minutes
0. - -
Coarse to medium sand
Fine sand, loamy sand
Sandy loam, loam
G.P.D. /Sq.Ft.
1.2
0.8
0.6
31 to 60 minutes Porous silt loam, silt 0.45
- - - - - - - - - - - - - -
B. All applications for a permit for new construction or major
repairs shall include:
1. The area, in square feet, of living area, number of
bedrooms and in the case of a commercial building, the type
and number of sanitary facilities.
43 2. A complete dimensional plot sketch drawn to a scale
44 showing any present or proposed structures, the location of
45 any source of potable water (including those on adjacent
-6 properties which are less than 200 feet from any point of the
30
1 sewage disposal system), location of domestic water lines, the
2 direction of surface drainage.
3
4 3. Any other information requested by the Health Department
5 (such as, but not limited to, soil test holes and percolation
6 tests) which is reasonable and relevant to a determination as
7 to the adequacy of the proposed Installation or alteration.
C. Applications for permits for minor repairs of septic tank systems
shall include a sketch of the layout of the repair and any other
information as required by the Health Department. These
applications may be submitted by a home owner or licensed installer
provided that the premises served by the system is an existing private
home which is not being enlarged. Repairs for dwellings which will be
enlarged or newly constructed will require designs by a licensed
designer.
D. A copy of the application for new construction shall be sent by
the Health Department to any water district, sewer district or city in
which the premises are to be located, provided such district or city
has requested said notice.
The permit shall not be Issued for at least thirty (30) days in
order that said district or city be given opportunity to provide
public sewer services. Upon notice by the said district or city
that they have no objection to issuance of permit, it may be issued
before the thirty -day waiting period.
E. If the application is in order and the proposed sewage disposal
system appears to be in compliance with 24.05.060 to 24.05.090, the
Health Department shall issue the permit provided the issuance is
within one year of the date of the approval of the application. If
the permit is denied, an appeal may be perfected as provided for in
24.05.180.
36 F. For major or minor repairs, the need for an inspection of the
37 completed system will be determined at the time of the issuance of the
38 permit, based upon the complexity of the design and the competency of
39 the person doing the repair.
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G. A permit shall expire within three years from the date of
issuance. A renewal shall be required unless there has been a request
for a Health Department inspection of work in progress prior to the
expiration date of the permit.
H. After the permit is issued, any alteration of plan must be
approved by the Health Department in writing.
I. Emergency repairs by licensed installers can be done on Sundays,
holidays, and on non - business hours, providing that a permit is
secured on the next regular working day of the Health Department.
24.05.060 - General Standards.
Any existing, or proposed, side sewer or sewage disposal system is inadequate,
and a violation of these rules and regulations, if the contents and /or
discharge to or from the side sewer or sewage disposal system:
A. Violates any laws or regulations of Washington State governing
water pollution or the disposal of sewage or liquid -borne waste.
B. Contaminates any drinking water supply.
C. Pollutes or contaminates, directly or indirectly, any lakes,
rivers, ponds, streams, or water courses, underground or surface,
fresh or salt water within the Jurisdiction of the State of
Washington.
D. Creates a health hazard by the contents or effluent being
accessible to people, animals, insects, or other possible carriers of
disease.
E. Gives rise to a nuisance due to odor or unsightly appearance.
1 1 1 -Tjl •, • .� - - ,o, o• c�
Connection of any existing dwelling unit or other premise with a failing on-
site sewage system shall be made to a public sewer system where there is an
adequate public sewer within two hundred feet of the dwelling or other
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facility to be served as measured along the usual or most feasible route of
access, and such connection is permitted by the sewer utility.
.081 New sewage disposal systems shall be located on the same lot or
single parcel of land as the buildings they are designed to serve, or
on- adjoining property if a permanent easement (which will accommodate
the system) is obtained and recorded.
.082 For new construction of sewage disposal systems or repair of
existing systems to the extent allowed by site limitations, the
following shall apply:
A. The absorption field must be installed in a parcel of
ground which has at least 4 feet of original permeable soll
over any restrictive layer and /or the average wet season water
table. If a high ground water level is probable, approval for
a sewage disposal permit may be withheld until site
inspections can be made between December 1 and May 1.
B. The minimum distances for location of the various
components of sewage disposal systems are measured
horizontally and shall comply with Table Ii.
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TABLE II: MINIMUM HORIZONTAL SEPARATIONS
Interceptor /curtain drains/
drainage ditches
Upslope from system component 10 - -
Downslope from system component 30 5 -
Cuts of banks
Minimum of five feet of original,
undisturbed soil above restrictive
layer or layer due to a structural
or textural change 25 -
Less than five feet of original,
undisturbed soil above restrictive
layer or layer due to a structural
or textural change and that. layer
is intersected 50 -
35 1With soil 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
5 absorption system.
47
Distance
in feet from
System Component:
From building
From edge of
sewer, collec-
SSAS and
From septic
tion, and non
Items Requiring
replacement
tank and dis-
perforated dis-
Setback
area
tribution box
trlbution line
Well or suction line
1002
50
50
Water supply line under pressure
10
10
10
Surface Waterl,3
1002
50
10
Building foundation
10
5
-
Property lines or easement lines
5
5
-
Interceptor /curtain drains/
drainage ditches
Upslope from system component 10 - -
Downslope from system component 30 5 -
Cuts of banks
Minimum of five feet of original,
undisturbed soil above restrictive
layer or layer due to a structural
or textural change 25 -
Less than five feet of original,
undisturbed soil above restrictive
layer or layer due to a structural
or textural change and that. layer
is intersected 50 -
35 1With soil 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
5 absorption system.
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C. Sewage disposal systems shall not be located on slopes in
excess of 45 percent (24 degrees). For slopes from 23 to 20
percent (13 -17 degrees) there shall be 42 inches of original
permeable soil and for slopes from 31 to 45 percent (18 to 24
degrees) there shall be 60 inches of original permeable soil.
D. Provision shall be made to prevent the flow of footing or
roof drains or any other water drainage over or onto the area
where the sewage disposal system is located.
E. The sewage disposal system must be located on a parcel of
land that will accommodate an absorption field double the
minimum required, provided that if the installation has a
septic tank system using alternating absorption fields equal
to 160 percent of the normal absorption field, then an area
for a replacement field shall not be required.
F. The site of the initial and replacement absorption field
shall be selected and maintained so that it is free from
encroachment by buildings or other structures. The area shall
not be covered by any pavement or impervious material and not
be subject to vehicular traffic or other activity which would
adversely affect the soil.
G. The house sewer cannot be more than 12 inches below the
finished grade where the sewer leaves the building except as
authorized by the Health Department.
H. Absorption trenches and beds may be used provided that
the absorption bed is to be constructed only in soil with a
percolation rate of 15 minutes per inch or faster (sand, loamy
sand). There must be at least a distance of 6 feet between
the sidewalls of adjacent trenches or beds. The effluent
distribution pipes must be located between 12 and 18 inches
below the finished grade and are to be imbedded in at least 12
inches of gravel. The trench or bed cannot be more than 10
feet deep. There must be a vertical separation between the
bottom of the trench or bed and a restrictive layer or average
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wet season water table of at least 24 inches.
I. The septic tank shall have at least two compartments.
Tanks made of material other than concrete must be a type
approved by the Department of Social and Health Services.
J. A septic tank designed to service a facility other than
one single family residence shall have a minimum liquid
capacity equal to one and one half times the projected daily
sewage flow, with a minimum of 1,000 gallons.
K. An absorption field diversion flow valve must be readily
accessible.
L. Absorption field piping materials must be of a type
approved by the Department of Social and Health Services.
M. A sewage disposal system with a maximum flow of more than
3,500 gallons per day must be approved by the Department of
Social and Health Services or the Department of Ecology as per
WAC 248 -96 -075 or WAC 173 -240.
N. Any on -site sewage disposal system or device other than a
septic tank system must be of a type approved and monitored in
accordance with the rules and regulations of the Department of
Social and Health Services, WAC 248 -96 -046. These devices
shall include but are not limited to incinerator toilets,
chemical toilets, evapo- transpiration systems, mechanical and
aerobic treatment devices.
0. Experimental sewage disposal systems are to be approved in
accordance with WAC 248 -96 -047.
P. Cesspools or seepage pits are not permitted.
Q. Sewage holding tanks may not be used except in emergency
or existing situations with a firm date of discontinuing their
use not to exceed two years from the time of installation. A
management program assuring ongoing operation and maintenance
shall be approved by the Health Department.
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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
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sufficient to accommodate the absorption field.
Absorption beds when placed in more than 12 inches of
filled soil shall be permanent alternating type equal
in size to 160 percent of a normal absorption field.
Designs shall be for gravity flow to drainfield areas,
except that if there is no location suitable for a
drainfield to be placed for gravity flow, pumping of
effluent to a filled drainfield site will be
permissible.
2. Each alternating absorption bed shall be sized
based on 96 sq. ft. of bottom area per bedroom. The
beds shall a maximum width of 6 feet with at least 10
feet between sidewalls of adjacent beds.
3. On level ground not exceeding a 5 percent grade
permeable soil fill at the required depth shall extend
to a point at least 10 feet beyond the outermost
absorption line. In addition to the above, when more
than 18 inches of soil fill is required, a sloping
buffer zone of permeable fill soil shall extend a
minimum of 10 feet.
4. Absorption beds or trenches may be constructed in
fill on ground with a grade of 6% to 12 %. Alternating
absorption beds shall be placed end to end, 10 feet
apart, following the contour of the land. Approved
soil fill at the required depth shall extend to a
point at least 5 feet beyond the outermost absorption
line with an additional 20 feet sloping downhill. A
sloping buffer zone of permeable fill soil shall
extend a minimum of the following distances beyond the
approved soil filled area: downhill, 10 feet; side, 5
feet; uphill, none.
5. When more than 18 inches of soil fill is required,
the soil fill shall be approved based on a sieve test,
provided that if the soil fill is placed in the buffer
zone this requirement does not apply.
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Sieve Test Standards
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For Approved Fill Soil
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Sieve Test Percent Passing
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3/4" 85 - 100
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#4 70 - 100
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#60 6 - 45
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#100 0 - 22
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#200 0 - 7
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6. When more than 18 inches of approved fill is
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required, the minimum separation between the toe of
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the fill and property or easement line, or possible
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effluent surfacing point such as a depression, cut
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bank, etc., shall be at least 30 feet. If the toe of
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the fill is located at a lower elevation, the 30 feet
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separation may be reduced. in no case shall it be
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less than 5 feet.
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7. When more than 18 inches of soil fill is required,
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the site preparation shall be done by a licensed
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installer or the contractor shall be provided with
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written supervision by a licensed designer.
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8. When more than 12 inches of fill soil is required,
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the soil fill must be placed before a permit is
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issued.
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9. If a design for a filled loll system is approved,
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the Health Department will provide a letter of intent
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to issue an installation permit conditioned that the
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fill material is placed properly. After the fill is
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In place and spread according to the approved plan,
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then the installation permit shall be issued.
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B. Lateral distance between a water supply well and any
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portion of the drainfield may be reduced to 75 feet if the
well is of good design with a water -tight casing which
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penetrates at least one impermeable clay layer.
C. Existing lots in Whatcom County outside of the Lake
Whatcom Watershed may be granted a variance from present
requirements for lot size for single family dwellings
provided:
1. There is sufficient area to accommodate an
absorption field double the minimum required or there
is an alternating type absorption field, pressure
mound or subsurface sand filter system.
2. An alternating absorption field rather than a
standard absorption field is used on lots of less than
7,200 square feet.
3. There is at least 3 feet of original permeable
soil.
4. A radius of 100 feet drawn from the perimeter of
the sewage absorption field and replacement area shall
not encumber more than 25 percent of any adjacent
platted lot if the plat plan approved was based upon a
plan for individual wells on each lot.
D. A septic tank system using alternating absorption fields
or beds equal to 100 percent of the standard field or bed may
be installed provided that a replacement area of equal size is
available.
E. Pressure mound systems may be used on any sized lot
provided they comply with the standards as found in the Design
and Construction Manual for Fill and Mound Systems in the
State of Washington by the Washington State Department of
Social and Health Services, November 1986, or as amended.
F. Subsurface sand filters may be used an any sized lot
provided they comply with the standards as found in the
Interim Guidelines For Sand Filters by the Washington State
Department of Social and Health Services, October 1981.
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.091 WATERFRONT ZONE:
A. All installations of private sewage disposal systems which
will discharge a solid or liquid effluent into the soil or
water are prohibited.
.092 FIRST UPLAND ZONE: (100 -500 FEET INLAND)
A. Minimum depth of permeable soil shall be 6 feet and shall
extend a minimum distance of 100 feet toward the lake and
shall extend a minimum distance laterally of 10 feet from both
sides of the drainfield.
B. Minimum distance to ground water level or to high water
level, whichever is less, shall be 6 feet.
C. Percolation rate determination prior to installa- tion is
mandatory and no installations will be permitted in soil if
the percolation time is greater than 20 minutes to the inch.
D. Filling of soil to meet soil depth standards shall not be
permitted.
E. No drainfield shall be installed within 200 feet of any
existing private water supply utilizing lake water as a
source. This distance is to be measured from the point that
the private water supply pipe crosses the high water line.
F. No drainfield shall be installed if the same premise is to
be served by private water supply utilizing lake water as a
source unless the installation is a minimum of 200 feet from
the point at which the private water supply pipe crosses the
high water line.
G. The minimum lot size shall be one -half acre or a size
sufficient to accommodate a drainfield area double the minimum
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required for the structure it is designed to serve, whichever
is greater, thus allowing ample space for reconstruction or
expansion in the future.
.093 SECOND UPLAND ZONE: (500 TO 1,000 FEET INLAND)
A. Minimum depth of permeable soil shall be 6 feet and shall
extend a minimum distance of 100 feet toward the lake and
shall extend a minimum distance laterally of 10 feet from both
sides of the drainfield.
B. Minimum depth of ground water or to high water level,
whichever is less, shall be 6 feet.
C. Percolation rate determination prior to installation is
mandatory and no installation will be permitted in soil if the
percolation time exceeds 20 minutes to the inch.
D. Filling of drainfield areas to meet soil depth standards
may be permitted provided that the original site had a minimum
depth of permeable soil of 4 feet and that the area of the
fill extends laterally a minimum of 20 feet outside the
drainfield trenches in all directions.
E. The minimum lot size for each dwelling unit shall be one -
half acre or a size sufficient to accommodate a drainfield
area double the minimum required for the structure it is
equipped to serve, whichever is greater, thus allowing ample
space for reconstruction or expansion in the future.
.094 THIRD UPLAND ZONE: (1,000 FEET TO THE BOUNDARIES OF THE
WATERSHED)
A. Minimum depth of permeable soil shall be 4 feet and shall
extend a minimum distance of 100 feet toward the lake and
shall extend a minimum distance laterally of 10 feet from both
sides of the drainfield.
B. Minimum depth to ground water or to the high water level,
whichever is less, shall be 6 feet.
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C. Percolation rate determination prior to installation is
mandatory and no installation will be permitted in soil if the
percolation time exceeds 20 minutes to the inch.
D. Filling of soil to meet soil depth standards shall be
permitted provided that the original site had a minimum of
three feet of permeable soil and a depth to ground water or
lake level of at least four feet.
E. The minimum lot size for each dwelling unit shall be one -
third acre or a size sufficient to accommodate a drainfield
area double the minimum required for the structure it is
designed to serve, whichever is greater, thus allowing ample
space for reconstruction or expansion in the future.
.095 ALL ZONES WITHIN THE WATERSHED:
A. All multiple dwelling units, mobile home parks, apartments
and condominiums shall be served by separate sewage disposal
systems for each dwelling unit, provided that up to four
dwelling units may be served by a common system if there is a
maintenance responsibility agreement among the several owners
of a jointly owned system.
B. A plan of each system installed shall be posted in the
premises and shall be a permanent record of its location and
dimensions.
C. The minimum septic tank capacity shall be 1,000 gallons.
D. A minimum distance of 100 feet, measured horizontally,
must be maintained between the closest point of a drainfield
and an open or enclosed drainage ditch adjacent to the
location of the drainfield.
E. In cases where the soils are of questionable permeability
and it is thought that a percolation test is not sufficient to
decide the issue regarding permeability, a sieve test shall be
performed in order to accurately classify the soils and
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determine the drainage capacity in terms of the soil particles
involved. The Health Officer shall establish standards for
sieve test analysis.
F. Drainfields shall not be installed in areas where the
slope of the land exceeds fifteen percent.
G. All septic tanks shall be of two - chambered construction.
H. Lots in the Lake Whatcom Watershed, given preliminary plat
approval between September 1, 1955 and January 20, 1971, may
be granted a variance from present requirements for lot size
provided:
1. There is not less than 7,200 square feet in area.
2. The floor of the building or buildings for which
the system is designed to serve is not more than 12
1/2 percent of the lot size. The floor area shall
include the area of all structures, including second
floors, basements, cellars, carports, garages and
accessory buildings of any kind. Deed restrictions
shall be required prohibiting the addition of floor
area, parking space, patios, driveways or hard -
surfaced areas, in addition to that allowed in the
original permit until such time as the dwelling is
served by a public sewer system.
3. There is sufficient area to accommodate an
absorption field double the minimum requirements for
the structure it is designed to serve, thus allowing
ample space for relocation of expansion when needed.
.096 This section shall not be construed to permit the construction
or installation of septic tanks and drainflelds within the city limits
of Bellingham, which are prohibited by said city.
1 11 - �. •1 .1. 1 1a .1. 1c - •m,-1 • - .1.
.101 Approval of new subdivisions for single family dwellings where there
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1 is no provision for sewer service, shall be contingent upon meeting all
2 lot size and soil requirements in 24.05.080 and 24.05.090 or the following
3 lot sizes, whichever is larger:
4
5 TABLE IV: LOT SIZES FOR SINGLE FAMILY DWELLINGS AS RELATED TO WATER
6 SUPPLY, SOIL TEXTURE AND PERCOLATION RATES.
7
8 Percolation Rate Soil Public Private
9 Per Inch Texture Water Water
10
11 Less than 5 min.5 Coarse to medium sand 1 acre 2 acres
12 6 to 15 min. Fine sand, loamy sand 15,000 sq. ft. 1 acre
13 16 to 30 min. Sandy loam, loam 18,000 sq. ft. 1 acre
14 31 to 60 min. Porous silt loam, silt 20,000 sq. ft. 2 acres
15
16 .102 Approval of new land development other than subdivisions where
17 there is no provision for sewer service shall be contingent upon
18 meeting all lot size and soil requirements in 24.05.080 and 24.05.090
19 and the following minimum land areas shall be requested:
20
21 TABLE V: LAND AREA REQUIREMENTS FOR MULTIPLE DWELLINGS, MOBILE HOME AND
22 RECREATIONAL VEHICLE PARKS AS RELATED TO SOIL TEXTURE AND PERCOLATION RATES.
23
24 Percolation Rate Soil Multiple Dwellings M.H.P. R.V.P.
25 Per Inch Texture Per Bedroom Per Space Per Space
26
27 Less than 5 min. 5 Coarse to med. sand 14,000 sq.ft. 29,000 sq.ft. 14,520 sq.ft.
28 6 to 15 min. Fine or loamy sand 5,000 sq.ft. 10,000 sq.ft. 5,000 sq.ft.
29 16 to 30 min. Sandy loam, loam 6,000 sq.ft. 12,000 sq.ft. 6,000 sq.ft.
30 31 to 60 min. Porous silt loam, silt 6,667 sq.ft. 13,333 sq.ft. 6,667 sq.ft.
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33 Minimum subdivided land area for a land development shall not be less
34 than that required for a lot in a subdivision.
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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.
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.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
(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" 17,000 sq. ft. 90 feet
Less than 30" but
at least 18" 1 acre 150 feet
Less than 18" 5 acres 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
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replacement. In
no case shall
there be an installation designed to
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discharge more sewage per day
per acre than indicated
in Table VII.
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TABLE VII:
SEWAGE FLOW
PER DAY PER ACRE FOR COMMERCIAL OR
5
INDUSTRIAL DEVELOPMENTS AS RELATED
TO SOIL TEXTURE AND
PERCOLATION RATES
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7
Percolation Rates
Soil
Sewage Flow
8
Per Inch
Texture
Per Day, Per Acre
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10
Less than 5 min. 6
Coarse
to medium sand
450 gallons
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6 to 15 min.
Fine sand,
loamy sand
1,305 gallons
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16 to 30 min.
Sandy
loam, loam
1,089 gallons
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31 to 60 min.
Porous
silt loam, silt
980 gallons
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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:
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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.
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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.
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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.
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B. Chemical Toilet: Portable toilets may be used on any lot
without restriction, provided that the contents are disposed
of in an approved sewage system. They must be constructed in
such manner as to be fly -tight and prevent rodents and insects
from gaining access to the contents.
C. Composting Toilet: Composting toilets may be used if
there is a minimum lot size of 5 acres and no running water on
the property. Use of compost from a composting toilet for
fertilizer for food crops, or pasture used by animals is
prohibited.
D. Incinerator Toilet: Incinerator toilets may be used on
any lot without restriction provided that all sewage other
than "grey- water" is completely incinerated before disposal.
24.05.120 Installation and Alteration: Who May Perform.
Septic tanks, drainfields and other sewage systems shall be constructed,
installed or altered only by a licensed installer. Spreading, leveling and
compaction of approved fill for drainfield sites shall be done only by a
licensed installer.. This does not prohibit dumping of fill on the side by
unlicensed persons. Unlicensed individuals may install a sewage disposal
system on their own property, provided that the work is performed pursuant to
the provisions of these Rules and Regulations. The owner exemption does not
apply to builders of homes constructed for resale. All other persons employed
to construct, install, or alter a sewage disposal system shall be employees of
a licensed installer.
24.05.130 - Installer's License.
.131 It shall be unlawful to engage in the business of installing
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side sewers or sewage disposal systems, or parts thereof, without an
installer's license.
.132 Application for an installer's license shall be made on forms
provided by the Health Department. License and /or application fees
shall be payable to the Health Department.
X133 The Health Department shall determine by written and /or oral
examination the applicant's knowledge of public health problems
involved in the disposal of sewage and necessary standards of design,
construction and installation. If the applicant does not receive a
passing mark of 70 percent in any such examination, he shall be denied
a license.
.134 An installer's license shall expire on December 31 of each year.
An application for relicensing shall be made on forms provided by the
health Department within the thirty -day period preceding the
expiration of any license.
.135 The Health Department may suspend or revoke any installer's
license if there has been a finding of incompetency, negligence,
willful misrepresentation, or failure to comply with these Rules and
Regulations or other applicable laws, rules and regulations. The
installation of a sewage disposal system for which a permit has not
been obtained shall be cause for the suspension or revocation of an
installer's license.
.136 Before the issuance of a sewage disposal system installer's
license, the applicant shall file with the department a surety bond
issued by a surety insurer in a form acceptable to the department in
the sum of $2,000 running to Whatcom County. Said bond shall be
conditioned that the applicant will pay all amounts that may be
adjudged against applicant by reason of negligent or improper work or
breach of contract on the part of such installer. The bond shall be
conditioned that the holder of the license and his agents in
performing work shall exercise reasonable care and skill and comply
with these rules and regulations. The surety upon the bond shall not
be liable in an aggregate amount in excess of the amount named in the
bond. The bond shall be kept in effect during the period of time for
which the license is issued. In the event the bond is cancelled or
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any final judgment shall impair the liability of the surety upon the
bond so furnished so that there shall not be in effect a bond
undertaking in the full amount of $2,000, the department shall suspend
the registration of such installer until the full bond liability
unimpaired by unsatisfied judg -Dnent claims shall have been furnished.
In lieu of the surety bond required by this section, the applicant may
file with the department a deposit consisting of cash or other
security acceptable to the department. The health officer may
promulgate rules and regulations necessary for the proper
administration of the security.
.137 An applicant whose license has been revoked shall be ineligible
to reapply for a license until sixty (60) days have passed from the
date of his license revocation.
24.05.140 - Sewage Disposal System Cleaner's License.
All septic tanks will be pumped and cleaned by a licensed septic tank pumper,
but unlicensed private parties may clean their own tanks after obtaining
special permits from the Health Department. Such permits must show that they
are capable of doing the work in a satisfactory manner and that they have a
suitable site for disposing of the material by underground burial.
.141 Application for a cleaner's license shall be made on forms
provided by the health department. License and /or application fees
shall be payable to the Health Department.
.142 The Health Department shall determine by written and /or oral
examination the applicant's knowledge of public health problems
arising from the handling of sewage and the safe disposal of the
cleanings of sewage disposal systems. If the applicant does not
receive a passing mark of 70 percent, he shall be denied a license.
.143 The applicant's equipment shall meet the requirements of
paragraph .147 and .148 before a license may be issued.
.144 A cleaner's license shall expire on December 31 of each year.
An application for relicensing shall be made on forms provided by the
Health Department within the thirty -day period immediately preceding
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.145 The Health Department may suspend or revoke any cleaner's
license if there has been finding of incompetency, negligence, willful
misrepresentation or failure to comply with these Rules and
Regulations or other applicable laws, rules and regulations.
An applicant whose license has been revoked shall be ineligible to
reapply for a license until sixty (60) days shall have passed from the
date of this license revocation.
.146 Before the issuance of a sewage disposal system cleaner's
license, the applicant shall file with the department a surety bond
issued by a surety insurer in a form acceptable to the department
running to Whatcom County. Said bond shall be conditioned that the
applicant will pay all amounts that may be adjudged against applicant
by reason of negligent or improper work or breach of contract on the
part of such sewage disposal system cleaner. The bond shall be
conditioned that the holder of the license and his agents in
performing work shall exercise reasonable care and skill and comply
with these rules and regulations. The surety upon the bond shall not
be liable in an aggregate amount in excess of the amount named in the
bond. The bond shall be kept in effect during the period of time for
which the license is issued. In the event the bond is cancelled or
any final judgment shall impair the liability of the surety upon the
bond so furnished so that there shall not be in effect a bond
undertaking in the full amount of $2,000, the department shall suspend
the registration of such sewage disposal cleaner until the full bond
liability unimpaired by unsatisfied judgment claims shall have been
furnished. In lieu of the surety bond required by this section, the
applicant may file with the department a deposit consisting of cash or
other security acceptable to the department. The health officer may
promulgate rules and regulations necessary for the proper
administration of the security.
.147 The sewage disposal system cleaner's pump tank will be fully
closed and water - tight. The tank outlet device shall have a locking
device properly placed to ensure sanitary dumping and to prevent any
spillage or leakage of sewage disposal cleaner shall be constructed of
readily cleanable material and shall be kept in a clean and sanitary
condition.
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.148 Each vehicle used by a licensed sewage disposal system cleaner
for cleaning of sewage disposal systems shall be identified with a
sign reading, "Whatcom County Health Department license # " The
letters and numbers of said sign shall be affixed on both sides of
each vehicle, at least one (1) inch in height and in a contrasting
color to the vehicle color.
.149 A licensed sewage disposal system cleaner shall keep records of
each system cleaned. The record shall include the owner or agent's
name, the location of the system and the site of dumping. These
records shall be made available to the Health Department upon its
request.
24.05.150. DESIGNER'S LICENSE:
It shall be unlawful to engage in the business of designing sewage disposal
systems, or parts thereof, without a designer's license, or registration as a
civil engineer.
.151 Application for a designer's license shall be made on forms
provided by the Health Department. License and /or application fees
shall be payable to the Health Department.
.152 The Health Department shall determine by written and /or field
examination the applicant's knowledge of public health problems
involved in the disposal of sewage and necessary standards of design,
construction and installation. If the applicant does not receive a
passing mark of 70 percent in any such examination, he shall be denied
a license.
.153 A designer's license shall expire on December 31 of each year.
An application for relicensing shall be made on forms provided by the
Health Department within the thirty -day period preceding the
expiration of any license.
As a condition, precedent to a relicensing, the design must:
A. Have attended at least one seminar or work session
sponsored by the Health Department, during the previous year,
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B. Take the examination referred to in paragraph .152 above.
.154 The Health Department may suspend or revoke any designer's
license if there has been a finding of incompetency, negligence,
willful misrepresentation, or failure to comply with these Rules and
Regulations or other applicable laws, rules and regulations.
.155 Before the issuance of a designer's license the applicant shall
file with the department a surety bond issued by a surety insurer in a
form acceptable to the department in the sum of $2,000 running to
Whatcom County. Said bond shall be conditioned that the applicant
will pay all amounts that may be adjudged against applicant by reason
of negligent or improper design work. The bond shall be conditioned
that the holder of the license and his agents in performing work shall
exercise reasonable care and skill and comply with these rules and
regulations. The surety upon the bond shall not be liable in an
aggregate amount in excess of the amount named in the bond. The bond
shall be kept in effect during the period of time for which the
license is issued. In the event the bond is cancelled or any final
judgment shall impair the liability of the surety upon the bond so
furnished, so that there shall not be in effect a bond undertaking in
the full amount of $2,000, the department shall suspend the
registration of such designer until the full bond liability unimpaired
by unsatisfied judgment claims shall have been furnished. In lieu of
the surety bond required by this section, the applicant may file with
the department a deposit consisting of cash or other security
acceptable to the department. The health officer may promulgate rules
and regulations-necessary for the proper administration of the
security.
.156 An applicant whose license has been revoked shall be ineligible
to reapply for a license until sixty (60) days shalt have passed from
the date of his license revocation.
24.05.160 - Fees.
Fees shall be set and renewed annually by the Board of Health and posted in a
fee schedule.
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24.05.170 - Enforcement.
It shall be the duty of the Health Department to enforce these Rules and
Regulations.
X171 When the work of constructing, installing or altering a sewage
disposal system has been otherwise completed, it shall be left open
and uncovered and the homeowner or Installer shall notify the Health
Department that the system is ready to be inspected. For major or
minor repairs this notification and Inspection will be required only
if so indicated on the permit at the time of issuance of the permit.
The Health Department shall cause an inspection to be made within a
reasonable time, which shall not exceed 16 working hours from the time
of notification. If any portion of the work is covered before It is
inspected and approved, the same shall, when ordered, be uncovered by
the homeowner or installer prior to inspection.
.172 The Health Department is authorized to suspend any permit should
there be probable cause to believe that the work in progress or
completed violated any provision of these Rules and Regulations.
Notice of suspension, and the violations causing the suspension to
issue, shall be forwarded by certified mail to the return address
shown on the permit posted at the work site. It shall be unlawful for
anyone to perform any work (other than remedial) or for anyone to use
the system while the suspension is in effect. If the violations are
not cured and the suspension withdrawn within ninety (90) days of
issuance, the permit shall automatically expire.
.173 Before warrant for arrest can be issued for a Health Board
Sewage Rules and Regulations violation, written warnings will be given
by the Health Department; also a period of thirty (30) days will be
given for correction of the violation, except if there is an immediate
health hazard a warrant may be issued forthwith.
.174 The Health Department shall submit a violation report to the
office of the Prosecuting Attorney for any violation of these Rules
and Regulations referred for prosecution. Nothing in these Rules and
Regulations shall be interpreted as providing for an exclusive
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enforcement remedy or in any way limiting enforcement alternative
available under these Rules and Regulations or any state statute.
.175 Should any person refuse to allow the Health Department to enter
onto property for the purpose of enforcing these Rules and
Regulations, the health Department may, with the assistance of the
Prosecuting Attorney, present an affidavit, naming the person so
refusing, the property involved, and the reason entry is necessary, tc
the Whatcom County District Court, from which an authorizing Warrant
may issue.
24.05.180 - Appeals Board /Appeals Procedure.
A_ APPEALS
Any decision or action of the Health Department with respect to
installation permits for new construction or major repair of a sewage
disposal system may be appealed to an Appeals Board. The Appeals
Board may grant a variance where there may be practical difficulties
or hardships under a strict construction of the local Board of Health
Rules and Regulations. Such variances may be granted by the Appeals
Board with respect to any standards enumerated in 24.05.080 to
24.05.110 of the Board of Health Sewage Control Rules and Regulations,
but not otherwise. In no case shall a variance cause a violation of
24.05.060 entitled "General Standards ".
.J82 APPEALS BOARD - MEMBERSHIP
The County Council shall select five (5) persons to serve as the
Appeals Board. Three members will be chosen to represent the
unincorporated areas, and two to represent the incorporated areas.
The length of office will be five (5) years, and the termination of
office for each member shall be on consecutive years. Members can be
removed for cause by the Board of Health. The Board as a whole may
hear Appeals or may divide its workload into a panel of three (3)
members. Staff secretarial services shall be provided by the Health
Department. Department staff members or supervisors who have
responsibility for Issuance or denial of permits shall not serve as
secretary to the Appeals Board.
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1 .183 AUTHORITY OF APPEALS BOARD
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3 The Appeals Board shall have authority to adopt its own rules and
4 regulations governing procedures, subject to approval by the County
5 Council.
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7 A. The complaining party shall submit to the Board of Appeals a
8 written description of the decision, action, or order appealed from
9 and the grounds for the appeal; i.e., the reasons why the Health
10 Department should have decided in favor of the complaining party, and
11 the complaining party shall mail a copy thereof to the Health
12 Department.
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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
16 complaining party, a letter giving the reasons for its action and
17 enclosing all documents submitted in connection with the issue.
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19 C. The Appeals Board shall conduct a public hearing on the appeal
20 within sixty (60) days of the receipt of Notice of Appeal.
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22 1. The Appeals Board shall notify the complaining party and
23 the Health Department of the time and place for the review
24 hearing and each shall be entitled to attend and present any
25 further information or evidence.
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2. Notices of Hearings. The secretary.of the Appeals Board
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shall give due notice of place and time for hearing of the
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appeal application to the applicant and adjacent property
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owners, either in person or by first -class mail, not less than
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seven (7) days and not more than thirty (30) days prior to the
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hearing. Said notice shall state the name and address of the
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owner of the property, the location of the property, and a
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brief statement of the nature of the appeal. Said notice
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shall be sent to the property owners, as appears from the
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authentic tax records of this County of all property adjacent
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to, or within three hundred (300) feet radius of the external
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boundaries of the property for which the appeal is made, and
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the number of feet occupied by all public roads, street,
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alleys, and other public ways shall be excluded in determining
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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 i1a novo.
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2 24.05.190 - Severability.
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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.
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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.
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A. STATE DOCUMENTS ADOPTED BY REFERENCE.
Municipal and Domestic Sludge Utilization Guidelines, Department of
Ecology WDOE 82 -11, effective October 1982 and Best Management
Practices for Use of Municipal Sewage Sludge WDOE 82 -12, effective
September 1982, and as hereafter amended are adopted by reference.
B. SLUDGE UTILIZATION SITES, GEOGRAPHIC LIMIT.
Each sludge utilization site permit shall be limited to a single
parcel or contiguous parcels of land with a single owner, a single
lessee, if any, and a single applicant. Contiguous parcels which have
two or more owners, lessees or applicants shall be treated as separate
sites requiring separate permits. Non - contiguous parcels of land with
a single owner, lessee or applicant shall be treated as separated
sites requiring separate permits.
C. SETBACKS:
Setbacks from rivers and streams shall be measured from the top of any
visible sharply demarcated bank, or the inner bank of any flood
control dike, whichever is farthest inland.
Setbacks from seasonal streams shall be measured from the water's
edge, if present, any apparent high water mark, or the center of the
course if no high water mark is discernible, and no water is present.
Setbacks from tidewater shall be from the extreme high tide. Setbacks
from ponds and lakes shall be measured from the water's edge.
The following setbacks shall be observed when spreading sludge on
land:
Seasonal streams 100 ft.
Rivers, lakes, tidewater, year -round streams 200 ft.
Non - irrigation wells and springs 500 ft.
Irrigation wells not utilized for domestic purposes 100 ft.
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Property lines
Houses on adjacent property
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25 ft.
300 ft.
The Health Officer may require marking of setback lines 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
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food chain crop land, except that land being converted to
developments other than farming or residential; e.g., golf
course, parks, and /or shopping centers, shall not be
classified as land for food chain crops irrespective of the
history of previous food production.
2. DETERMINATION OF THE BACKGROUND CONCENTRATION OF SOIL
CONSTITUENTS AND Ph AT THE PROPOSED SITE OF SLUDGE SPREADING.
a. Sites shall be divided into testing areas
or units based upon SOIL TYPES as delineated
on the most recently available U.S. Soil
Conservation Service soil Survey maps, and the
crop history for the previous growing season.
A test unit area is defined as a single area
within any site which has a single SOIL TYPE
and which produced a single type of crop
during the previous growing season. Any site
which has more than one SOIL TYPE or which
produced more than one type of crop during the
previous growing season will be divided into
as many test unit areas as necessary to
achieve test unit areas with a single SOIL
TYPE and a single crop during the previous
growing season.
b. At least 12 core samples of soil shall be
collected separate locations distributed over
each testing unit area. Core samples shall be
of uniform volume taken to a depth of 6 to 8
Inches. All core samples from a single test
unit area shall be mixed to provide a
composite test sample representative of the
soil from the test unit are.
c. Soil test samples shall be collected by an
agent who has been approved by the Health
Department, and samples shall be transported
on ice to qualified laboratories.
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d. Testing shall be performed by a laboratory
approved by the Health Department. Approved
laboratories include the Oregon State
University Laboratory, the University of Idaho
Laboratory, and private laboratories which
participate in the Washington State University
soil testing reference sample program.
e. Initial testing of the soil shall include
the following: pH, CEC, soil phosphorous,
soil potassium, total cadmium, lead, copper,
zinc, nickel, and arsenic. Repeat testing
shall be required for each subsequent annual
permit; however, testing for metals other than
cadmium will not be required if the history of
sludge analysis for previous years is known,
and estimates of metals other than cadmium are
less than half the limits shown in WDOE 82 -12,
Table II.
3. DETERMINATION OF COMPOSITION OF SLUDGE.
a. MINIMUM TEST REQUIRED:
The following tests are the minimum required. All
tests shall be by methods specified in WDOE 82 -12;
Total solids, pH, total nitrogen, total phosphorous
total potassium, cadmium, copper, zinc, nickel, lead,
arsenic and PCBs, and other components as may be
necessary to enforce standards which may be
established by the State or Federal Government.
Additional tests may be required by the Health Officer
If there is reason to believe additional toxic
materials are present in sufficient quantity to
jeopardize health when sludge is spread under the
conditions of the permit.
b. FREQUENCY OF SAMPLE TESTING.
1. Sludge samples taken directly from a
M.
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sewage treatment plant shall be routinely
tested according to the treatment plant flow
rate measured in millions of gallons per day.
TABLE
Million Gals. /Day
Less than .5
.5 - 5.0
Greater than 5.0
Annually
Semi - annually
Quarterly
2. Sludge taken from storage shall be sampled
with at least 1 sample per 1,000 dry tons.
These samples shall be gathered from several
cores taken from representative areas and
mixed to make each representative sample.
3. More frequent sampling may be required if
consecutive samples reveal a variance
sufficiently large so that there is less than
a 95% probability that the average (mean)
concentration of critical elements in the
samples lies within (+ or -) 25% of the actual
mean, or otherwise at the Health Officer's
discretion.
4. Less frequent sampling may be permitted at
the discretion of the Health Officer if there
is little variance in sludge analysis over
time.
5. Samples of sludge from plants where
sampling is required more often than once
every two weeks may be stored at 4 degrees C.
and composited before analysis. The
laboratory analysis may be performed upon a
composite, provided that such analysis is
performed at least once every four weeks.
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c. VALUES TO BE USED FOR DETERMINATION OF LOAD
LIMITS.
1. If 5 or more samples are available, and if
the variance of critical elements is
sufficiently low that there is at least a 95%
probability that the average (mean) values are
within (+ or -) 25% of the actual mean, then
the median value of the actual samples shall
be used as the basis of calculation
application load limits.
2. If the variance of sample values exceeds
the above limits, or if there are less than 5
samples available, then the load limits will
be based upon an estimate of concentration 25%
higher than the observed median.
4. ADJUSTMENT OF pH IN SOIL.
If the cadmium concentration of sludge exceeds 2.0 ug. /gram (2
mg. /kg.) and the soil pH in the field is less than 6.5, than
adjustment of the soil to pH 6.5 prior to the time of
spreading the sludge shall be required. pH adjustment is not
required if the soil pH is 6.5 or higher or if the cadmium
level in the sludge is less than 2.0 ug. /gram.
5. HEAVY METAL LOAD LIMITS AND pH ADJUSTMENT BY TEST UNIT
AREAS.
If there are differences in pH and heavy metal content found
to be present on different test unit areas on any sludge
utilization site, then separate pH adjustment and sludge
loading limits shall be applied as necessary to separate test
unit areas within the site.
6. PROOF OF pH ADJUSTMENT.
a. Proof of pH adjustment shall be by soil tests
which indicate that an appropriate adjustment has been
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made.
G. OTHER SLUDGE UTILIZATION STANDARDS.
1. USE OF SITES SUBJECT TO FLOODING.
a. Definition:
Any site which lies within the flood plan of any
river, as delineated on FEMA maps adopted as part of
the National Flood Insurance Program, as areas of
"Special Flood Hazard " -- 100 -year flood plain, or any
site which has been observed to have been flooded by
any adjacent river, creek, lake or tidewater during
any 1 of the previous 10 years shall be considered to
be subject to flooding.
Sites which are subject to seasonal standing water due
to precipitation and not caused by flooding of
adjacent waterways shall not be considered to be
subject to flooding.
b. Utilization of sludge on sites subject to flooding
is permitted only where the conditions of the
management plan imposed by the permit assure that the
sludge is immediately incorporated into the soil.
c. The management plan shall be devised in
consultation with the Soil Conservation District and
shall contain a detailed description of topographical,
erosional and drainage characteristics of sites
subject to flooding shall be permitted only if the
plan includes features designed to prevent the
transportation of sludge by natural processes away
from the state.
2. COVER CROPS.
In order to prevent erosion caused by wind or water during the
winter season, a cover crop must be planted not later than
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October 15 on all sites if sludge is spread at any time after
harvest of the annual crop.
3. MINIMUM TREATMENT OF SLUDGE REQUIRED.
In order to minimize the health risk of infectious disease,
applications of sludge is prohibited unless the sludge has
been treated by one of the methods to significantly reduce
pathogens outlined in WDOE 82 -11, Appendix A p.15, or other
methods accepted by the Department of Ecology. This paragraph
shall be effective whenever the Department of Ecology
determines an adequate means of measuring the required
pathogen reduction.
4. SLUDGE UTILIZATION PLAN TO BE APPROVED BY SOIL
CONSERVATION DISTRICT.
The applicant shall be required to provide as
management plan a complete sludge utilization
the Whatcom County Soil Conservation District
assurance that the application rates do not e;
requirements of the crop, taking into account
commercial fertilizers and manures.
H. SEPA POLICY- SLUDGE UTILIZATION PERMITS.
part of his
plan approved by
to provide
Kceed nutrient
any use of
1. Public Notice of any Determination of Nonsignificance
shall be posted on 8 -1/2" by 11" signs on the property line at
each site adjacent to each public road bordering the site
within 7 days of the Determination of Nonsignificance.
2. SPECIAL DATES APPLICABLE TO SLUDGE UTILIZATION SITE
PERMITS.
a. Permits to be issued for sludge utilization sites
subject to flooding as defined in 24.06.032.G.1 shall
not be effective prior to April 15 and shall expire on
September 30 of each year, in order to avoid flooding
immediately after application of sludge. The
limitations on spreading dates in this sub- section
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shall be effective upon the effective date of these
regulations.
b. Permits issued for non -flood plain sites shall not
be effective prior to March 1, and shall expire on
November 1 of each year.
c. The actual effective date for a specific permit
may be delayed if, in the judgment of the Health
Officer, the site is considered to have wet soils.
The applicant will be allowed to begin spreading after
demonstrating, to the satisfaction of the Health
Officer, that the water table is at least two feet
below the surface.
.033 SOLID WASTE INCINERATORS
A. LOCAL STANDARDS.
Incineration of waste from hospitals, nursing homes and other
biohazardous waste, shall be commenced within 4 hours of arrival at
the incinerator site, and completed within 12 hours.
Transfer of all waste from truck to incinerator shall be by means of
machinery without any direct contact of workmen at the incinerator,
except that material which has been prepackaged for transport in
sealed containers which are placed in an outer container which
protects the handlers from direct contact with the sealed container
may be unloaded by hand. Containers must be of combustible material.
The Health Officer may require testing of the effectiveness of
sterilization of infectious waste as necessary to assure safe handling
of ash.
X041 SLUDGE UTILIZATION SITE PERMITS.
A. All applications for sludge utilization site permits shall be
reviewed for completeness, and one completed copy shall be forwarded
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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, WDOE 82 -11, WDOE 82 -12, and these local Board of Health
Rules and Regulations.
B. At a minimum, each application for a permit shall contain the
following information upon which to base the permit:
1. Site Characterization.
a. Soils: Series, texture, depth to seasonal high
water table or impermeable horizon, slope.
b. Site: Location on topographic map, location of
nearby lakes, streams, rivers, wells, houses, and
other relevant topographic features.
c. Acreage and legal description of site.
2. Sludge and Soil Characterization.
a. Soil test information.
b. Previous sludge analysis (including number of
samples).
c. History of sewage sludge applications.
3. Site Management.
a. Method of application.
b. Description of crop and management.
c. Proposed annual application rate and basis for
selection that rate.
d. Proposed site life for sludge applications.
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e. Months when applications are planned.
4. Storage and Transportation.
a. How sludge is to be stored, if stored away from
source. Include runoff, access, leaching, and
nuisance prevention.
b. Proposed transportation means and routes.
.042 APPLICATIONS
All applications shall be signed by the applicant, lessee, if any and
the property owner.
.043 PUBLIC HEARINGS
Copies of the sludge utilization site applications shall be publicly
available for at least 20 days before the permit is issued. A public
hearing before the Health Officer or designee shall take place prior
to the issuance of any permit with or without variances. Notice of the
receipt of application to spread sludge and of the scheduling of the
public hearing on the application shall be sent to the sludge
generator, all property owners adjacent to the proposed sludge -
spreading fields, and to all tenants occupying property adjacent to
such fields in such cases where the owner is not a resident. Notice
shall also be mailed to any persons who have requested to be apprised
of the receipt of permit applications. At the public hearing oral and
written public comment will be taken to aid the Health Officer in
determining facts necessary to establish site requirements.
.044 DECISION.
A. Final decision on sludge utilization site applications not
receiving DOE review or comment shall be made by the Health Officer
within ten days following the public hearing.
After a finding that the site meets all of the requirements of the
Minimum Functional Standards, applicable local ordinances, these Local
Board of Health Rules and Regulations and payment of all applicable
ME
1 inspection and permit fees, the Health Officer shall issue the permit
2 except that permits for sludge utilization sites on land to be used
3 for food chain crops and which sites require pH adjustment as defined
4 in 24.06.032.F.4 shall not be issued until after pH adjustment has
5 been accomplished.
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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.
MMMISM-T-W-WIN-30hr-01, NOR M.-
.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 referred to the
Council Council and in turn to the Health partment Advisory
Committee. The Committee shall coed a public hearing to determine
facts concerning the :Execu olid was facilities. The County Council shall
report to the County a and to the Health OFficer on the
findings and recommen ions 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
Appeals shall be filed and carried out in the manner described in
section 24.06.060.
.061 FILING OF APPEAL
A. Any person aggrieved by the approval or disapproval of an
application for a solid waste permit or variance may seek review from
the Hearing Examiner by filing a request for the same within ten days
of the approval or disapproval. Concurrently with filing of any
request for review by the Hearing Examiner the aggrieved party shall
file a copy of the request with the Clerk of the Council.
B. A filing fee as established by the County Council shall be paid to
the Health Department upon filing a request for review by the Hearing
Examiner. The Health Department shall distribute the funds as
appropriate and notify the Hearing Examiner that the fees and
application have been received.
C. These fees do not apply to any state or local government.
.062 HEARING EXAMINER REVIEW /DECISION
A. The Hearing Examiner shall conduct public hearings and prepare a
record thereof.
B. At such hearings the matter shall proceed de novo and no
presumption shall attend the decision which is the subject of the
appeal.
C. The Hearing Examiner shall determine whether the decision was made
in compliance with existing applicable statutes, rules, ordinances and
policies of Whatcom County and the state of Washington that relate to
the disposal of sewage sludge.
D. The Hearing Examiner shall
upon the record, in support of
These findings and conclusions
which the decision carries out
statues, rules, ordinances and
state of Washington that relat,
produce findings and conclusions, based
the decision of the Hearing Examiner.
shall also set forth the manner in
and conforms to the existing applicable
policies of Whatcom County and the
to the disposal of sewage sludge.
E. The Hearing Examiner may approve or deny the application and may
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impose such conditions, modifications or restrictions as the Hearing
Examiner finds necessary to make the application compatible with
applicable statutes, rules, ordinances and policies relating to the
disposal of sewage sludge. Performance bonds, or other security in
form acceptable to the Prosecuting Attorney, may be required to ensure
compliance with the conditions, modifications or restrictions.
F. The decision of the Hearing Examiner shall be filed with the Clerk
of the Council. The decision is final when filed.
G. Each decision of the Hearing Examiner shall be rendered within ten
working days following the conclusion of all testimony and hearings,
unless a longer period is mutually agreed to in writing by the
applicant and the Hearing Examiner.
H. No final decision of the Hearing Examiner shall be subject to
review except as provided in 24.06.063.
.063 APPEAL AND REVIEW OF HEARING EXAMINERS DECISION
A. Any aggrieved party may appeal any final decision of the Hearing
Examiner to the County Council.
B. The appellant shall file a notice of appeal within ten days of the
final decision, by filing at the office of the Hearing Examiner and
paying a filing fee to the Health Department. The appellant shall
serve the notice of appeal upon all opponents of record and to the
applicants.
C. A filing fee as established by the County Council shall be paid to
the Health Department upon filing of the appeal, and the appellant
shall also pay a transcript deposit fee. The Health Department shall
distribute the funds as appropriate and notify the Hearing Examiner
that it has received the fees. Upon completion of the transcript, the
appellant shall pay an additional fee equal to any additional costs of
preparation of the transcript.
D. These fees do not apply to any state or local government.
E. Upon receipt of the notice of appeal, deposit on transcript costs
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and filing fee, the office of the Hearing Examiner shall immediately
forward the notice of appeal to Clerk of the Council, and shall upon
receipt of the transcript fee file a written transcription of the
public hearing as soon as possible, together with the entire record in
the case with the County Council; provided that, if all parties of
record and the County Council agree, a summary of the facts or an
abridged transcript may be substituted. A request for a summary of
the facts or abridged transcription shall be in the form of a petition
to the County Council.
F. A copy of the record on appeal shall be sent to the appellant and
copies shall be made available to all parties at a cost to be fixed by
the Hearing Examiner in the business rules.
.064 WRITTEN ARGUMENT.
A. The appellant shall file a statement containing the appellant's
basis for appeal and argument.
B. Within two working days after receipt of the Hearing Examiner's
record, the County Council Office shall send a letter of notification
to the appellant that the statement is due. The statement and
argument must be filed in writing, along with a specified number of
copies, with the Clerk of the Council within fifteen (15) working days
after the postmark date of the letter of notification.
C. Within two workings days of receipt of the appellant's written
argument, the Council Office shall send copies of that argument to any
persons or entities opposing the appeal. Any argument or response by
any person or entity opposing the appeal must be filed in writing
along with a specified number of copies, within ten (10) calendar days
after the postmark date the appellant's argument was mailed by the
Council Office.
D. Failure of the appellant to abide by the time limits contained
herein will result in automatic dismissal of the appeal.
E. Within thirty -five (35) days after the respondent's argument is
filed, the County Council will issue a written decision together with
findings of fact and conclusions of law. This time limitation shall
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not apply when a remand procedure is initiated.
F. The decision of the County Council shall be based solely upon the
record and the written argument that has been submitted by the
parties. Oral argument may be scheduled at the discretion of the
County Council.
.065 REMAND TO HEARING EXAMINER
A. The County Council may, within its discretion, remand the case
back to the office of the Hearing Examiner if the Council finds:
1. That new evidence is available that could affect the
outcome of the case and that was not available at the first
hearing.
2. That the record, in whole or part, is not sufficient for
the Council to make a reasoned decision on the appeal.
3. That the decision of the Hearing Examiner should be
reversed, and that additional information is necessary before
a final decision can be made.
B. The remand shall be in the form of a written order and shall state
the specific areas to be considered by the Hearing Examiner at the
remand hearing. The remand hearing shall be limited to the specific
areas of concern stated in the remand order from the County Council.
C. Upon receipt of the remand order, the Hearing Examiner shall set
the matter for public hearing. Such hearing shall be expedited to the
extent that is practical, not to exceed twenty (20) working days from
the receipt of the remand order. Notice of the hearing shall be given
to the applicant and ail parties of record by mail at their last known
address. No other notice is required.
D. The Hearing Examiner shall file the information requested in the
remand order with the Clerk of the Council as soon as possible but not
to exceed fifteen (15) working days from the date of the hearing.
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.066 FINAL DECISION BY COUNTY COUNCIL
A. The County Council shall, within twenty -one (21) working days of
the filing of the information from the remand hearing, issue its final
written decision together with findings of fact and conclusions of
law.
B. The Council shall affirm the decision of the Hearing Examiner
unless a majority of the entire Council finds that the decision of the
Hearing Examiner is:
1. Based upon an error of law; or
2. Clearly erroneous on the entire record, with this
established by clear, cogent and convincing evidence.
C. The County Council may, where its decision results in approval,
impose, modify or delete conditions upon the permit consistent with
statute, regulation, ordinance or policy of Whatcom County or the
state of Washington. The decision of the County Council shall be
final unless review is taken within ten days to a court of competent
jurisdiction.
D. No individual or county official shall interfere with or attempt
to interfere with the Hearing Examiner or the individual council
members in the execution of their quasi - judicial duties under this
ordinance.
24.06.070 - Permit Expiration.
All permits will expire on December 31 of each year, unless there is a
special expiration date required by these Rules and Regulations or
Health Board actions.
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
received by September 30. Procedures for renewal permits will be the
same as for new permits, except that applications for renewal will not
be reviewed by the Department of Ecology, and except as provided for
in 24.06.041 through 24.06.054.
.091 CONDITIONS
Any permit issued under a solid waste regulation may be suspended by
the Health Officer when:
(a) The permit holder has violated the solid waste
regulations more than three (3) times within the last five (5)
years; or
(b) The permit holder knowingly, or with reason to know, made
a false statement or an omission of material fact in the
application for a permit or any data attached thereto, or in
any matter pertaining to the Department's administration of
the permit; or
(c) Operations under the permit have violated a Solid Waste
Regulation, and continued operation of the solid waste site
poses a hazard to public health which cannot be remedied by
corrective action; or
(d) The permit holder has failed to comply with any notice
issued pursuant to this regulation.
.092 CONTINUED OPERATION DURING SUSPENSION
When the Health Department finds that cause exists as provided above
for suspending a permit, the continued operation of the solid waste
site may be made conditional upon performance of steps deemed
necessary by the Health Officer to protect the public health, and /or
the assessment of administrative costs as defined in 26.06.130.
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.093 NOTICE OF SUSPENSION OR REVOCATION
Permit suspension or modification shall be carried out through the
notice provisions of this regulation. The suspension or revocation
shall be effective upon service of the notice upon the holder or
operator. The holder or operator may appeal such suspension or
revocation as provided by this regulation.
.094 REFUND OF FEES
Permit fees will not be refunded to operators of facilities with
suspended permits.
.095 ELIGIBILITY FOR PERMITS
Whenever a permit is suspended, the Health Department may hold the
applicant and /or the site ineligible for future solid waste permits.
The Department may deny an application for a solid waste permit or
permit renewal if it finds that the same permit holder and /or site has
experienced a permit suspension under these rules and regulations, or
any other comparable regulations issued by a governmental entity of
similar jurisdiction, any time within the three (3) years immediately
preceding the date of such application.
.096 MODIFICATION OF PERMITS AFTER ISSUANCE
The Health Officer may modify a permit after its issuance if necessary
to make it conform to promulgation or revisions of applicable solid
waste regulations or to respond to newly discovered information
pertinent to the permitted activity. No additional fee or penalty
shall be imposed.
An aggrieved applicant may appeal a denial of a permit or suspension of a
permit in accordance with R.C.W. 70 -95 -210.
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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.
K 1. 1 •" "IFEM. amak, - .1. 1.. -11 =1
.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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"Public Nuisance" as used in this regulation is defined as a nuisance
which affects the rights of community or neighborhood, although the
extent of the nuisance may be unequal.
"Solid Waste Regulation" as used in this regulation shall include this
regulation and any other existing or future solid waste rules and
regulations of the County regulating the handling of solid waste
pursuant to RCW 70.95, and shall also include any condition of a
permit issued pursuant to this regulation, and shall include any state
or federal regulations adopted by reference by the Board.
24.06.150 - Administration - Civil Penalties,
The Administrative Officer is hereby authorized to utilize the procedures of
this regulation in order to enforce any solid waste regulation.
24.06.160 - Violations as Nuisances.
All violations of solid waste regulations are determined to be detrimental to
the public health, safety, and welfare and are hereby declared to be public
nuisances. All conditions which are determined by the Administrative Officer
to be in violation of any solid waste regulation shall be subject to the
provisions of this regulation and may be corrected by any reasonable and
lawful means as provided herein.
24.06.170 - Civil Penalty.
In order to encourage compliance with these regulations and with the
conditions of permits issued under these regulations, a system for imposing
civil penalties is hereby adopted.
In addition to or as an alternative to any other judicial or administrative
remedy provided herein or by law, any person who violates a solid waste
regulation, or rules and regulations adopted thereunder, shall be subject to a
civil penalty.
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
($200) per day for the second separate violation and up to three hundred
dollars ($300) per day for the third separate violation of the same regulation
within any five -year period.
All civil penalties 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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(D) Dates of compliance violated, $20 per acre.
24.06.180 - Abatement.
In addition to any other remedy provided herein or by law, the Administrative
Officer may require a solid waste regulation violation to be abated. The
Administrative Officer may require any person, who creates or maintains a
public nuisance caused by violation of any solid waste regulation, to commence
corrective work and to complete the work within such time as the
Administrative Officer determines reasonable under the circumstances. If the
required corrective work is not commenced or completed within the time
specified, the Health Officer may proceed to abate the public nuisance and
cause the work to be done. He will charge the costs thereof as a joint and
several personal obligation of each person who is in violation. The costs of
abatement may include administrative costs.
24.06.190 - Notices of the Health Officer.
.191 COMMENCEMENT OF PROCEEDINGS.
Whenever the Health Officer has reason to believe that a use or
condition exists in violation of any solid waste regulation, he may
initiate abatement or enforcement proceedings or commence an
administrative notice proceeding under this chapter to cause the
enforcement and correction of each violation.
.192 STOP WORK ORDERS.
Pending commencement and completion of the notice procedure provided
for in this chapter, the Health Officer may cause a "stop work order"
to be served in the manner provided in 24.06.210 on persons engaged in
any work or activity which violates a solid waste regulation or which
deviates from the permit.
The "STOP WORK" ORDER shalt set forth the specific nature, extent and
time of the violation or deviation, and shall order a stop to all work
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
deviation.
The effect of such a "stop work order" shall be to require the
immediate cessation of such work or activity until authorized by the
Health Officer to proceed.
24.06.200 - Health Officer's Notice.
Whenever the Health Officer has reason to believe that a violation of a solid
waste regulation will be most promptly and equitably terminated by an
administrative notice proceeding, he shall issue a written notice directed
either to the owner or operator of the source of the violation, the person in
possession of the property where the violation originates, or the person
otherwise causing or responsible for the violation or any of them. The notice
may be posted on the property in addition to service as provided in 24.06.210
and shall contain:
(a) The street address when available and a legal description of real
property and /or description of personal property sufficient for
identification of where the violation occurred or is located;
(b) A statement that the Health Officer has found the person to be in
violation of a solid waste regulation, with a brief and concise
description of the conditions found to be in violation;
(c) A statement of the corrective action required to be taken. If
the Health Officer has determined that corrective work is required,
the notice shall require that all required permits be secured and the
work physically commenced within such time and be completed within
such time as the Health Officer shall determine is reasonable under
the circumstances;
(d) A statement specifying the amount of any civil penalty assessed
on account of the violation and, if applicable, the conditions on
which assessment of such civil penalty is contingent;
(e) Statements advising the (1) if any required work is not commenced
or completed within the time specified, the Health Officer may proceed
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to abate the violation and cause the work to be done and charge the
costs thereof, including administrative costs, as a joint and several
personal obligation of any person in violation; and (ii) if any
assessed civil penalty is not paid, the Health Officer will charge the
amount of the penalty as a joint and several personal obligation of
any person in violation; along with administrative costs;
(f) A statement advising that the notice shall become final unless,
no later than ten (10) days after the notice is served, any aggrieved
person submits in writing a notice of appeal to the Health Officer.
24.06.210 - Method of Service of Health Officer's Notice.
Service of the notice shall be made upon all persons identified in the
notice either personally or by mailing a copy of such notice by
certified mail, postage prepaid, return receipt requested to such
persons at their last known address. If the address of any such
person cannot reasonably be ascertained, then a copy of the notice
shall be mailed to such person at the address of the location of the
violation. The failure of any such person to receive such notice
shall not affect the validity of any proceedings taken under this
chapter. Service by certified mail in the manner herein provided
shall be effective on the.date of mailing.
24.06.220 - Hearing and Appeals,
.221 NOTICE OF APPEAL
Any aggrieved person may appeal any administrative notice, any
assessment of civil penalty, or stop work order by submitting to the
Health Officer a written request for a hearing within ten (10) days of
the service of the notice. The notice of appeal shall cite the notice
appealed from and contain a brief statement of the reasons for seeking
an appeal hearing.
.222 NOTICE OF APPEAL HEARING
After receipt of a notice of appeal, the Health Officer shall transmit
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1 the notice of appeal,
and the notice appealed from,
to the Hearing
2 Examiner. An appeal
hearing
shall be conducted on
the record.
3 Written notice of the
time and place of the hearing
shall be given at
4 least ten (10) days prior
to
the date of the hearing
to each appealing
5 party, to the Health
Officer
whose notice is being
appealed, and to
6 all other interested
persons
who have requested in
writing that they
7 be so notified.
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.223 CONDUCT OF APPEALS
All appeals shall be conducted in accordance with Washington
Administrative Code Chapter 1 -08, "Uniform Procedural Rules ", provided
however, that Section 1 -08 -590 shall be excluded. Should any conflict
arise between the provisions of this regulation and the applicable
section of WAC Chapter 1 -08, the provisions of this Regulation shall
prevail. For the purpose of this regulation, all references in the
WAC to "agency" shall mean "Hearing Examiner ".
In addition to the other authority as contained in the WAC, the
Hearing Examiner may promulgate and adopt such additional rules as are
necessary for the conduct of a hearing.
.224 FINDINGS AND DECISION
Following review of the evidence submitted, the Hearing Examiner shall
make written findings and conclusions, and shall affirm or modify the
notice previously issued If he finds that a violation has occurred.
The written decision of the Hearing Examiner shall be mailed by
certified mail, postage prepaid, return receipt requested, to all the
parties.
.225 TIME LIMITATIONS
The appeal hearing before the Hearing Examiner shall occur within
sixty (60) days following receipt by the Health Officer of the written
notice of appeal, unless continued at the request and consent of the
interested parties.
.226 NOTICE OF APPEAL
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Whenever possible, the appeal from the Health Officer's administrative
notice shall be combined with any other appeal from enforcement
actions relating to the same subject matter and falling within the
jurisdiction of the Hearing Examiner.
24.06.230 - Final Determination.
.231 FINALIZATION OF ADMINISTRATIVE NOTICE
Any administrative notice duly issued by the Health Officer pursuant
to the procedures contained in this ordinance shall become final ten
(10) days after its issuance, unless a written notice of appeal is
timely received.
.232 FINALIZATION OF HEARING EXAMINER'S DECISION
The Hearing Examiner's decision shall become final twenty (20) days
after mailing unless within that time period an aggrieved person
initiates review by writ of certiorari in the County Superior Court,
or as otherwise provided by RCW 70.95.210.
24.06.240 - Supplemental Notice,
The Health Officer may at any time add to, rescind in part, or otherwise
modify a notice by Issuing a supplemental notice. The supplemental notice
shall be governed by the same procedures applicable to ail notices as
contained in this regulation.
24.06.250 - Notice Enforcement.
.251 ENFORCEMENT OF FINAL NOTICE.
If, after any notice has become final, the person to whom such order
is directed fails, neglects, or refuses to comply with such notice,
including refusal to pay a civil penalty assessed thereunder, the
Health Officer may enforce the rules and regulations cited in the
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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.
/. .1 • • — •� • NO o. — .I. •
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 - Severability.
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.
ATTEST:
Ramona Reeves, Council Clerk
APPROVED AS TO FORM:
Civil Deputy Prosecutor
WHATCOM COII
87
(4 Approved ( ) Denied
Shirley Van Z nten, Executive
Date:
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W
[EXHIBIT A]
SCHEDULE OF FEES AND CHARGES
The following schedule of fees and charges are established for the Whatcom
County Health Department for 1989:
CASH
REG.
CHILDREN
CODE
SERVICE:
AGES 0 -6
CLINIC
01
Oral Polio
$ 1.00
01
DTP, DT (Ped.), MMR, Salk Polio, HbPV
1.75
CHILDREN
ADULTS
AGES 7 -17
18 AND OVER
01
Td (Adult)
$ 4.35
$ 5.35
01
Oral Polio
9.70
10.70
01
Salk Polio
17.50
18.50
01
Measles- Mumps - Rubella Combination
27.40
28.40
AGES 1 -17
01
Measles
14.50
15.20
01
Mumps
17.85
18.85
01
Rubella
15.15
16.15
01
Hepatitis B, Rabies, Rabies Immune, HBIG, TIG
Cost, plus
Cost, plus
1.75
2.75
01
ISG (Gamma Globulin)
1 cent /lb.
1 cent /lb.
+ 1.75
+ 2.75
ALL AGES
01
Tetanus Toxoid
4.10
01
Typhoid
3.35
01
Cholera
4.60
17 Page 1 of 4
1 01 Plague
2 01 Yellow Fever
3 01 Influenza
4 01 Pneumonia
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02 International Certificate Validation
04 Tuberculin Skin Tests (pre - employment and school screening)
06 Other Clinic Services (serology for marriage /immigration)
Vital Statistics
07 Certified birth certificate or laminated cards
08 Certified death certificate (first copy)
Each additional copy (ordered at same time)
09 Search of vital records (if certificate not is not issued)
09 Notary Service (per item)
ENVIRONMENTAL HEALTH
01 Water culture
01 Water culture retest (check sample)
01 Water pH
01 Water conductivity
01 Serial dilution collform culture
01 Water pick up - slaughter house
02 Site inspection - septic tank
03 Septic tank permit (new construction)
15 Septic tank permit - minor repair
Page 2 of 4
89
5.55
20.95
4.75
11.45
ALL AGES
4.00
3.00
3.75
11.00
11.00
6.00
8.00
3.00
FEE
12.00
6.00
7.50
7.50
31.50
17.00
86.00
81.00
8.50
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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
Renewal:
120.00
04
Septic tank cleaner's /installer's license Initial:
17.00
Renewal:
8.50
05
Restaurant plan review + first inspection prior to licensing
26.00
05
Restaurant permit 25 seats or less
81.00
26 to 99 seats
135.00
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
Paid at inspection time:
37.00
Multiple events:
60.00
Cookoff:
30.00
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
Each additional service (bakery, deli, etc.)
30.00
05
Groceries without meat, deli, bakery; 1 -year permit
30.00
05
Non - profit seasonal camp operation
58.00
05
School kitchens (primary preparation)
58.00
(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
Replacement of lost food worker card
2.00
07
FHA and VA inspection: Private water and sewage system
132.00
Public water and sewage system
115.00
07
School and institutional inspection on request
68.00
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08
Recreational vehicle park: Under 50 spaces:
120.00
50 to 99 spaces:
135.00
100 to 149 spaces:
149.00
150 and more:
162.00
09
Plat approval, long and short $74.00 plus $12
per lot
09
Plan review (at Buildings and Codes)
15.00
10
Appeals Board application - sewage system appeals
168.00
11
Public well site approval; new construction or existing well
187.00
12
General solid waste disposal site; private and public
575.00
12
Limited solid waste; wood, demolition, piles or impoundments
175.00-
12
Solid waste transfer station; privately operated
90.00
12
Sewage sludge land spreading site permit
265.00
13
Swimming pools
84.00
14
Migrant labor camp permit $95.00 plus $8 per unit (263.00
maximum)
14
Private camp permit
95.00
14
Water recreation facility (1 year permit)
84.00
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Any fee for license or permit received later than 10 days after
initial date of license or permit shall have late fee charge of:
16.00
-
Any fee for renewal of license or permit received more than six
weeks after renewal date shall have a late fee charge of:
32.00
16
Solid waste permit and variance appeals, filing fee
352.00
16
Miscellaneous /duplicate copies of public records: Per page-
.05
(50 cents
minimum)
Page 4 of 4