HomeMy WebLinkAboutord1989-061INTRODUCED BY: Consent
PROPOSED BY: Initiative
1 DATE: 7 -20 -89
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4 ORDINANCE NO.-89-61
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6 AN ORDINANCE PROHIBITING THE IMPORTATION OF
ALL MEDICAL WASTE GENERATED OUTSIDE THE
7 TERRITORIAL LIMITS OF WHATCOM COUNTY
8 WHEREAS, this matter was the subject of an Initiative
which has been brought by the people of Whatcom County to have
9 this matter considered by the Council or to have this matter
placed on the ballot; and,
10 WHEREAS, as a result of said Initiative this Ordinance
11 has been drafted to conform to the form of a Whatcom County
Ordinance, however, no language has been changed from that of
12 the original Initiative; and,
WHEREAS, this Initiative will call forth a new section
13 to the Whatcom County Code.
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15 NOW, THEREFORE, BE IT ORDAINED that:
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17 Whatcom County Code
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INFECTIOUS MEDICAL WASTE
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Section 1. Declaration of Policy.
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(1) Each person has a fundamental and inalienable
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right to a healthful environment, and each person has a
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responsibility to preserve and enhance that right. The
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beneficial stewardship of the land, air and waters of the
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county is a solemn obligation of the present generation for
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the benefit of future generations.
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- Ordinance - 1.
(2) A healthful environment in Whatcom County is now
threatened by the generation, storage, and disposal of
hazardous, dangerous, medical and solid waste. The potential
hazards associated with disposal of infectious medical waste
pose a significant threat to that environment and public
health, and raise unique concerns for the people living in
Whatcom County. A comprehensive environmental impact study has
not been undertaken to examine the adverse health and
environmental effects of importing infectious medical waste
into Whatcom County.
(3) Waste disposal facilities in Whatcom County
currently receive infectious medical waste generated outside
the county for disposal within the county even though
environmental impact statements for these facilities state
that the purpose of these facilities is limited to disposal of
waste generated inside Whatcom County. The extent and
significance of these hazards are currently under intense
review by local states and federal governments.
(4) Acceptance of waste generated outside the county
is contributing to the capacity problem at the county's only
landfill at Cedarville. Moreover, waste disposal facilities in
Whatcom County face major problems complying with federal
regulations concerning the safe disposal and storage of waste.
- Ordinance - 2.
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Citizens residing in close proximity to these facilities have
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made frequent complaints regarding the disposal of this waste.
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(5) Affordable alternatives for the disposal of
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infectious medical waste exist within and should be the
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responsibility of the county, state or country where this
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waste is generated. The transportation of medical and
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hazardous waste, particularly over long distances, increases
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the risk of harmful exposure or accidents. Some counties in
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the state of Washington have responded to concerns regarding
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the transportation and disposal of infectious medical waste
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and have enacted ordinances prohibiting its importation.
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(6) Because the importation, transportation and
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disposal of infectious medical waste pose a significant threat
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to the health and safety of Whatcom County citizens, as well
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as on the economic development and growth in Whatcom County,
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the importation of such waste for purposes of treating or
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disposing of such wastes in Whatcom County should be
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prohibited.
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22 Section 2. Restrictions on Importation of
23 Out -of- County Generated Infectious Medical Waste. Effective
24 Januar 1 1990 infectious medical waste
y generated outside
25 the territorial limits of Whatcom County shall not be accepted
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- Ordinance - 3.
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Section 3. Definitions.
(1) "Department" means the Bellingham and Whatcom
County District Department of Health.
(2) "District Health Officer" means the District
Health Officer of the Bellingham and Whatcom County District
Department of Public Health or the District Health Officer's
designee.
(3) "Incident" means each delivery or acceptance of
infectious medical waste generated outside the territorial
limits of Whatcom County at a waste disposal facility in
Whatcom County. Each and every such incident shall be a
separate and distinct offense. Each day during which an
incident continues shall be a separate and distinct incident.
(4) "Infectious Medical Waste" means all the
infectious and noninfectious waste from all medical and
intermediate care facilities, research centers, veterinary
clinics, and other similar facilities which may include but is
not limited to:
(a) Isolation wastes (those wastes that are
generated by hospitalized patients who are
isolated in separate rooms in order to protect
others from their severe and communicable
- Ordinance - 4.
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disease), cultures and stocks of infectious
biologicals (e.g., vaccines);
(b) Blood and blood products, pathological
wastes, other wastes from surgery and autopsy,
and lab wastes.
(c) Sharps (including hypodermic needles, suture
needles, disposal razors, syringes, pasteur
pipettes, broken glass and scalpel blades) and
dialysis unit wastes;
(d) Animal carcasses and body parts, animal
bedding and other wastes from animal rooms;
(e) Discarded biologicals and equipments;
(f) Drugs, medications and radioactive material;
and
(g) Food and other products that are discarded
because of contamination with etiologic agents.
t5) "Owner or Operator" means:
- Ordinance - S.
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(a) Any person with .any ownership interest in
the waste disposal facility or who exercises any
control over the waste disposal facility; or
(b) In the case of an abandoned waste disposal
facility, any person who had owned, operated, or
exercised control over the facility any time
before its abandonment.
The term does not include:
( i ) An agency of the state or unit of local
government which acquired ownership or control
involuntarily through bankruptcy, tax
delinquency, abandonment, or circumstances in
which the government involuntarily acquires
title. This exclusion does not apply to an agency
of the state or unit of local government which
has caused or contributed to the acceptance of
infectious medical waste at the waste disposal
facility; or
(ii) A person who, without participating in the
management of a waste disposal facility, holds
indicia or ownership primarily to protect the
person's security interest in the facility.
- Ordinance - 6.
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(6) "Person" means an individual, firm, corporation,
association, partnership, consortium, joint venture,
commercial entity, state government agency, unit of local
government, federal government agency or Indian tribe.
(7) "Waste Disposal Facility" means:
(a) Any building, structure, installation,
equipment, pipe or pipeline (including any pipe
into a sewer or publicly owned treatment works),
well, pit, pond, lagoon, impoundment, ditch,
landfill, or storage container; or
(b) Any site or area where infectious medical
waste has been deposited, stored, disposed of, or
placed, or otherwise come to be located.
Section 4. Penalty for Violation.
(1) Should any individual, company, or its agent
knowingly deliver to any waste disposal facility infectious
medical waste generated outside the territorial limits of
Whatcom' County, for disposal in the County, the District
Health Officer shall immediately deny all vehicles operated by
that individual or company access to such facility for a
period not less than one week but not to exceed one year. Upon
- Ordinance - 7.
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a . second incident, the District Health Officer shall
immediately deny all vehicles, operated by the violating
individual or company, access to such facility for a period of
no less than one year and, in addition, shall impose a
monetary fine not less than $1,000 but not to exceed $5,000.
(2) Should any owner or operator knowingly accept a
delivery at any waste disposal facility of infectious medical
waste generated outside the territorial limits of Whatcom
County for disposal in the County, the District Health Officer
shall immediately impose a fine equal to the greater of $1,000
or one dollar per pound of the infectious medical waste
accepted by the owner or operator. Upon a second or additional
incidents, the District Health Officer shall impose a fine
equal to $2,000 or two dollars per pound of infectious medical
waste accepted by the owner or operator, whichever amount is
greater. After a third incident, the District Health Officer
may also suspend the permit of the waste disposal facility for
one year.
Section S. Hearing Procedures.
(1) Upon such denial of access and /or imposition of
fines the individual, company or owner or operator may request
a hearing before the Whatcom County Hearings Examiner. Such
requests shall be in writing and presented to the Hearings
- Ordinance - 8.
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Examiner within seven (7) days of receipt of notice of
violation.
(2) If a hearing is requested, the hearing shall be
held by the Whatcom County Hearings Examiner. Notice of the
time and place for the hearing shall be given to the
requesting party and all interested parties, including the
county or city having jurisdiction over the site at least two
(2) days prior to the hearing. The hearing shall be held
within fifteen (15) days after the request for a hearing is
received.
(3) The hearing shall 'be recorded. The part.ies
involved may offer such evidence as deemed necessary and the
rules of evidence shall not apply.
(4) The Hearings Examiner shall prepare and submit a
written decision which shall include findings and conclusions
based on the record within fourteen (14) days of the hearing.
The decision of the examiner shall be final and conclusive on
the fifteenth (15) day after the decision unless a notice of
appeal to the Whatcom County Council is filed.
- Ordinance - 9.
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Section 6. Appeal Procedure.
(1) The final decision by the Hearings Examiner may
be appealed to the Whatcom County Council by any aggrieved
person or agency directly affected by the Examiner's decision.
(2) The appealing party must file a written notice of
appeal with the County Council Clerk within seven (7) days of
the date of the Examiner's final decision.
(3) The notice of appeal shall concisely specify the
error or issue which the Council is asked to consider on
appeal. The notice shall be accompanied by any written
memorandum which the appellant may wish considered by the
Council. The memorandum shall not include the presentation of
new evidence and shall be based solely upon the facts
presented to the Examiner.
(4) When an appeal has been timely filed, the County
Council Clerk shall deliver to the Council the information
received at the hearing before the Examiner, and the Council
shall review the evidence and render a decision.
- Ordinance - 10.
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Section 7. Citizen Suits.
(1) Except as provided in subsection (2) of this
section, any citizen may commence a civil action on his or her
own behalf --
(a) Against any person, including Whatcom County, who
is alleged to be in violation of any requirement
or prohibition under this chapter or an order
issued by the District Health Officer with
respect to this chapter; or
(b) Against any person, including Whatcom County, and
including any past or present transporter or past
or present owner or operator of a waste disposal
facility, who contributes to the handling,
storage, treatment, transportation, or disposal
of any infectious medical waste which may present
an imminent and substantial endangerment to
health or the environment; or
(c) Against the District Health Officer where there
is alleged a failure of such officer to perform
any act or duty under this chapter which is not
discretionary with the officer.
- Ordinance - 11.
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An action under subsection (1) of this section shall be
brought in Whatcom County Superior Court.
(2) No action may be commenced --
('a) Under subsection (1) (a) or (b) of this
section
(i) Prior to 30 days after the plaintiff has
given notice of the alleged violation to the
District health Office and to any alleged
violator of the requirement, prohibition or
order, or
(ii) If the District Health Officer or State has
commenced and is diligently prosecuting a civil
action in a court to require compliance with this
chapter; but, in any action brought under this
chapter, any citizen may intervene as a matter of
right.
(b) Under subsection (1) (c) of this section
prior to 70 days after the plaintiff has given
notice of such action to the District Health
Officer.
- Ordinance - 12.
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(3) The Court in issuing any final order in any
action brought pursuant to this section, may award costs o'f
litigation (including reasonable attorney and expert witness
fees), and may assess fines against any violator of the
requirements of this chapter.
(4) Nothing in this section shall restrict any right
which any person (or class of persons) may have under any
statute or common law to seek any relief regarding disposal of
infectious medical waste (including relief against the
District Health Officer).
Section 8. Severability. If any provision of this
ordinance or its application to any person or circumstance is
held invalid, the remainder of the ordinance or the
application of the provisions to other persons or
circumstances is not affected.
- Ordinance - 13.
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Section 9.. Effective Date. This ordinance shall
take effect January 1, 1990.
PASSED this 10thday of August y 1989.
ATTEST:
RAMONA REEVES
Clerk of the Council
APPROVED AS TO FORM:
c,2
RANDALL J. S
Chief Civil De uty
Prosecuting Attorney
- Ordinance - 14.
WHATCOM COUN
kH -A,i'C 0 M� C 0 UN
ALD G.
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WAS INGTON
EY, -Chair
( ) APPROVED ( ) VETOED
SHIRLEY VAN ZANTEN
County Executive
DATE:
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