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HomeMy WebLinkAboutord2001-011WIiATCOM COUNTYCOUNCIL AGENDA BILL CLEARANCES NO, 2000 - Date Date Received in Council Ord, MO' Dept: County Council Agenda Date Assigned To 1083/2000 n 2 r,� rI LF 10/24/2000 )ivision Heatl: Ull LS L f Ino-oducnon )apt Head: 1fi' PUi11.IG I 4 RE I Yceecutor: OCT 23 2000 3 b TI?6Dl udgeu WHATCOM COUNTY cewtivet COUNCIL SUBJECT Amend Ordinance 2000 -003 , solid waste disposal, limits on infectious waste ATTACHMENTS SUMMARYSTATEMENT.. [elated Counry. Contract Should the CI dr schedule h - - - - -- _ Ordinance 2000 -003 adopted January 25 2000 needs amendment g ryM Y Requested Da e' to Ac[) Review and also to be forwarded to the S WqC (So 1l d Waste include conducting a SEPA (State Environ - -- - - -- nlenta] policy Advisory lurnittee) prior to adoption. RECOMMENDED MOTION (for final action): 'OUNCIL ACTIONTAKEN 2000 -24A 10/248000: Introdutzd 111148000: Held to December 12 for Public Heading 12/1212000: Pulled • 4138001: Re4nuoduced 4117/2001: Amended and adopted 5-1, Imhof opposeq Crawford absent, Ord. #2001 -011 !ated File Numbers: Ordinance or Resolution Number (this item only): Qb# 2001 - of Infectious waste modified 4 -10 ord.doc PROPOSED BY: Brenner SPONSORED BY: Brenner REINTRODUCTION DATE: April 3 2001 ORDINANCE NO. 2001 -011 AMENDING WHATCOM COUNTY CODE 24.06, SOLID WASTE DISPOSAL STANDARDS, IMPOSING LIMITS ON ACCEPTANCE OF INFECTIOUS WASTE WHEREAS, it is documented that infectious waste workers at a Washington State regional infectious waste treatment facility have contracted tuberculosis through their handling of infectious waste; and WHEREAS, it is documented that the only local facility treating large - scale amounts of infectious waste at the time of the drafting of this ordinance has been cited and fined by the Department of Labor and Industries for "serious" infectious waste handling violations which directly exposed its workers to infectious waste; and WHEREAS, the Washington State Department of Health, the Department of Ecology, the Department of Labor and Industries, and the Utilities and Transportation Commission have issued a position paper that "the general public may indirectly face infection risk from contact with workers who have been infected while working at commercial biomedical waste treatment facilities and became contagious "; and WHEREAS, these four state agencies also report that "the most significant problem to workers health results from the aggregation of biomedical waste at commercial treatment facilities "; and WHEREAS, these four state agencies also report "there are limited local staff resources and expertise to address infectious disease related issues associated with these facilities "; and WHEREAS, the Washington State Department of Health has publicly stated that to date, no epidemiological studies have been done to determine the extent of infectious disease transmission from infectious waste to the general public; and WHEREAS, there is no proof that the public interest being served by Whatcom County being a large -scale repository for infectious waste outweighs the risks to the community; and WHEREAS, infectious waste comprises only 15% of the regulated medical waste stream; and WHEREAS, infectious waste comprises less than 0.3% of the general solid waste stream; and WHEREAS, limits on the amount of infectious waste which can be accepted will encourage generators to eliminate the co- mingling of infectious waste with non - infectious, regulated medical waste; and NOW, THEREFORE, BE IT ORDAINED that Whatcom County Code 24.06 is amended as indicated in Exhibit A to this ordinance. BE IT FURTHER ORDAINED that penalties for any violations of this ordinance shall be at least $5,000.00 for the first violation; $25,000.00 for the second violation and loss of permit for the third violation. However, the County retains the right to revoke a permit at any time for willful or egregious violations. The County Administration, working with the Washington State Utilities and Transportation Commission, shall be authorized to direct any certificated hauler to cease use of a facility found to be in violation of this ordinance. BE IT FURTHER ORDAINED that this ordinance shall not be enforceable until it is determined to be constitutional by a court of law. BE IT FINALLY ORDAINED if any provision of application of this ordinance is held invalid, the remainder of the ordinance is not affected. ADOPTED this 17th day of April , 2001. Q 4 12 Dana Brown - Davis, Clerk of the ouncil APPROVED AS TO FORM: Civil DegWty Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY 1iDDi/ ( L. Ward Nel5ft, C6uncil Chair (4�/Approved ( ) Denied EXHIBIT A Section I: Definitions - In addition to the definitions adopted by reference from WAC 173 - 304 -100, the following general definitions shall apply: "Biomedical Waste" means those types of waste defined as such by RCW 70.95K.010(l) as presently enacted or hereafter amended. "Contaminated" means all regulated medical waste which has likely come in contact with material capable of producing infection. "Generators" means medical or research facilities including hospitals, laboratories, and clinics, which produce infectious waste. "Infectious waste" means a subset of Biomedical Waste regulated Fredical waste which poses a risk of infection, including, but not limited to: a. Contaminated laboratory wastes 1. Human or animal specimen cultures from medical and pathology laboratories. 2. Cultures and stocks of infectious agents from clinical, research, and industrial laboratories. (CDC Biohazard Levels I, II and III) 3. Wastes from production of bacteria, viruses, spores, discarded vaccines, and biologicals from healthcare or research, and contaminated dishes, or contaminated devices used to transfer, inoculate, and mix cultures. b. Human surgical specimens, tissues, organs, placentas, and limbs (pathology waste only, exclusive of preservative agents) C. Fluid blood, fluid blood products, or body fluids, and containers, equipment, or articles contaminated with fluid blood, blood products, or body fluids. d. Regulated medical waste contaminated with excretions, exudated secretions, or body fluids including, but not limited to, isolation waste, or other regulated medical waste as determined by the infection control staff, physician, veterinarian, or local health officer to be isolated and handled as such. e. Contaminated sharps waste, including, but not limited to: 1. Used or contaminated suture needles , hypodermic needles, syringes, needles with attached tubing, scalpel and razor blades, dental wires, disposable surgical instruments, and electrosurgical needles or blades. 2. Used or contaminated medical or laboratory glassware such as slides, pipettes, blood tubes, vials, bottles, broken or unbroken glass articles which could be broken during handling and transportation thus rendering them contaminated sharps waste. 3. Pa-` ally Infectious contaminated international waste from ocean liners, ships, and planes. 1. This orchganee does not inelude regulated meelmeal waste within this _ d'....nce an '_C...A'.. s .- ...J .... f. All ^-- infectious ""d'""' waste which has co- mingled or otherwise been contaminated with infectious waste. 9. FarpUFpeses of thiseFdonanee, residential waste is net define as "Infeet ous waste". "Infectious waste treatment" means the decontamination of infectious waste by methods approved by state statutes and the local health department. "Local" means within Whatcom County. J'_^ .. and _ -_L Faeilities ineluding, but not limited to, hospitals "Regulated medical waste" means medical waste generated by medical or research facilities including, but not limited to, hospitals, laboratories, and clinics, and subject to Federal, State or local statutes, which may include infectious waste and non - infectious, regulated medical waste. Also called biomedical, biohazardous, or red bag waste. "Violation" means an amount of infectious waste accepted at any eemmqeFeia treatment facility within Whatcom County which exceeds the 0.3% limit imposed on a monthly basis. • �nromr♦ Wu Iwlr rvi ar�uuu� .u. ui u, ur u.aNv.au i. "Whatcom County's solid waste stream" means the amount of mixed, unseparated solid waste from residential, commercial, institutional, and industrial sources that is generated within Whatcom County, and delivered for disposal to a permitted disposal facility within Whatcom County. This does not include waste delivered for disposal to private industrial landfills, or to construction /demolition landfills. Section II: Limits - Acceptance of infectious waste shall be limited at any ee:, meFeial treatment facilities facility to 0.3% of Whatcom County's solid waste stream. Limits shall be maintained on a monthly basis based on the previous year's annual solid waste amount divided by 12. GeFH Me{eia, Treatment facilities will report the amount of infectious waste accepted during the previous month to the Whatcom County Health and Human Services Department no later than the 15th of each month. For purposes of this section generators which only treat their own waste are not considered treatment facilities. Section III: Citizen Suits - Citizen suits may be commenced only if enforcement has not created compliance with this ordinance within the timeframes stipulated in sections (2) (a) and (2) (b) of the citizen suits provision. (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 County Health Officer with respect to this chapter, or (b) Against the County 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. An action under subsection (1) of this section shall be brought in Whatcom County Superior Court. Under subsection (1) (a) or (b) of this section (2) No action may be commenced - pursuant to (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 County Health Officer and to any alleged violator of the requirement, prohibition or order, or (ii)If the County Health Officer has commenced and is diligently pursuing 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) (b) of this section prior to 70 days after the plaintiff has given notice of such action to the County Health Officer. (3) The court, in issuing any final order in any action brought pursuant to this section, may award costs of 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 waste (including relief against the County Health Officer).