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HomeMy WebLinkAboutPlanning and Development February 3 1988WHATCOM COUNTY COUNCIL PLANNING AND DEVELOPMENT COMMITTEE February 3, 1988 The meeting was called to order at 2:00 p.m. by Acting Chair Burton, with all Committee members present. Also present were Daniel Taylor, Planning; John Tyler and Jerry Mixon, Buildings and Code; Harry Skinner; Fred Johnson; Fenton Wilkinson; and Neil Clement. COMMITTEE REORGANIZATION AND SCHEDULING OF REGULAR MEETING.TIME HANSEY MOVED TO APPOINT BURTON AS COMMITTEE CHAIR. The motion carried. The Committee agreed to retain 2 :00 p.m. on the Wednesdays prior to Council meetings as the regular meeting time. DISCUSSION OF DAN TAYLOR'S MEMO REGARDING PUBLIC HEARINGS FO SLUDGE SPREADING The issue of the Health Board's exemption of "renewal -only permits to be effective in January 1988" from its newly- enacted regulations was discussed. Some citizens were particularly concerned with the renewal of a permit issued to Western Services. The Committee's consensus was that the issuance of sludge- spreading permits was now the responsibility of the Health Board, and that the new regulations enacted by the Health Board should be given the opportunity to function. The meeting was adjourned at 2 :45 p.m. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON r A n 7 Tom Burton, Chair Planning and Development Committee ATTEST: Carol Ebergson Clerk of the Council d. Proposed site life for sludge applications. e. Months when applications are planned. 4. Storage and Transportation. a. How sludge is to be stored, if stored away from source. Include runoff, access, leach- ing, and nuisance prevention. b. Proposed transportation means and routes. Section 4.02 All applications shall be signed by the applicant, lessee, if any, and the property owner. All applications in which a variance from the Minimum Functional Standards or Local Solid Waste Standards is requested shall require Board of Health approval. All other applications will require approval only by the Health Officer. Section 4.03 A. Public hearing. Copies of the sludge utilization site applica- tions shall be publicly available for at least 20 days before the permit is issued, and Notice of Receipt of Permit Application shall be listed as an agenda item on the next Health Board meeting notice following its receipt, provided such meeting is 20 days or more from the receipt. 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 prop- erty adjacent to such fields in such cases where the owner is not a resident. Notice shall also be mailed to any per- sons who have requested to be apprised of the receipt of _ permit applications. At the Health Board meeting oral and written public comment will be taken to aid the Health Officer in determining facts necessary to establish site requirements. B. No public hearings shall be required for renewal only permits which are to be effective in January 1988. Section 4.04 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 except those applications for variance which require Board of Health approval. S!E Phone 676 -6756 MEMORANDUM T0: Planning TV Development C�ittee FRCK: Dan TayloDirect-:or nand Use & Economic c Planning DATE: Jarmatiy 28, 1988 RE: Public Hear =s for S1udQe When the ordinance was drafted eliminating sludge as a conditional use in Title 20 it was based on the assumption that the Health Board would be adopting revised rules and regulations including a public hearing process. 'Therefore the amendment was to become effective only if and when the Health District enacted new regulations including a public hearing. The Board did enact the regulations and include a public hearing, however, it also exempted "renewal only permits which are to be effective in January 1988." Harry Skinner was concerned about this, particularly in light of my January 15 letter to him (see attached). He requested an interpretation from the Planning Corrnnission whose opinion is that the intent was not to eliminate the conditional use until hearings were actually being held. (See original minutes) If this is a concern for Council the alternatives include: (1) Interpreting the ordinance differently than I did based on legislative intent which could make it not yet effective and trigger a conditional use hearing before the Hearing E5mminer. (2) Request the Health Board to re- analysis its approach. (3) Enact an emergency amendatory ordinance modifying this attachments Whatcom County Planning Commission Minutes of November 17, 1987 Page 'Three . Commissioner Vanderhage suggested that the Commission consider postponing the amendment until after the Health Department regulations are adopted. Commissioner Shearer said that if he lived in an area where sludge was going to be used he would want the opportunity to cmmmient. He said that he could support the Health Department's charge if it included a public hearing process. He sug- gested possibly waiting until the Health Department regulations were adopted before the Commission act on the amendments. He expressed his concern that the problems will only grow and became more complex and technical as time goes on. he believes the Health Department will have to become more involved and knowledge- able of the technical issues. Commission Greer questioned what other ccamrnanities are doing to address this issue. Mr. Taylor responded explaining that it was mainly experimental at this point. Commissioner Van Dalen noted that the original concerns over sludge began with Everett sludge. General discussion of what other ccamminities are doing with the sludge issue. Also discussion of the impact of the increase in use of chemicals in our everyday lives which will affect the makeup of sludge. It was also noted that some chemical fertilizers are now being made with sludge and fertilizer use is not regulated at all. Commissioner Shearer requested Fred Johnson to address the issue of Whatcom County farms that use sludge, where the sludge comes from and where it is spread. Mr. Johnson responded stating there are basically three active locations where Mr. Libolt spreads mostly locally produced sludge. Commissioner Hinton said the commission must first decide whether sludge should be treated as a conditional use or an accessory use. MOVED BY SMARER, SECONDED BY VANDMIAGE, to make no change until the Health Department has established a process which includes a public hearing and until such time spreading of sludge should be treated as a conditional use. After some discussion the motion was restated to: the Planning Commission recommend to the County Council to not change sludge from a conditional use to an accessory use until such time as the Health Department has a functioning process in place which includes public hearings to issue utilization permits for sludge, which would then make sludge an accessory use not a conditional use: AYES: SHEARER, MEER, VANDERHAGE, HICMTBOTBAM AND VAN DALEN. Commissioner Hinton stated that before she would vote she wished to discuss the intent of the motion to make sure that she understood it. She said she understands the motion to intend that the use of sludge will automatically become an accessory use once the Health Department regulations including the public hearing process are in place. Commissioner Hinton said that if that is the correct intent of the motion then she would vote aye. All commissioner members were in agreement that that was the intent of the motion and thereupon the NDTICN CMUUED unanimously. via IOf U��nf Aaeq� Br /IM/A� Wwh/a /fw� AVtJd Phone 676.6756 Harry Skinner 6600 Goodwin Road Everson WA 98247 January 15, 1988 RE: Conditional Use Requirements for Sludge Dear Harry: This oonfirms what I told you over the phone. Because the Health Board did introduce a public hearing process no conditional use permits will be required even for those spreaders who were exempted for a year. As I understand it, the Health Board's intent was to exempt Western Services because they need to spread sludge all year round and would not have time to go through the hearing process. In this case I do not know why the Health Board could not have made a special exception. But if the County imposed the conditional use permit it would have to apply to all sludge spreading for the next year. When we wrote the ordinance it reflected the need for a hearing process before the Health Board. However we did not envision the one year exemption. Therefore this does create a problem with the original intent, but nevertheless the ordinance is clear in stating that it will become effective "when the Bellingham - Whatoom County District Department of Public Health enacts new utilization permit regulations including a public hearing process..." Si oe ely, U" Daniel W. Taylor Director Land Use & co: Paul Rushing Economic Planning