SAN JUAN COUNTY BOARD OF HEALTH
ORDINANCE NO. ____ - 2012
AN ORDINANCE REGARDING SOLID WASTES AND BIOSOLIDS HANDLING AND
FACILITIES; AMENDING SAN JUAN COUNTY CODE SECTIONS 8.14.010, 8.14.020,
8.14.030, AND 8.14.040 AND ADDING A NEW SECTION TO CHAPTER 8.14
BACKGROUND
A. Chapter 70.05.060 RCW (Powers and Duties of Local Boards of Health) empowers San Juan
County Board of Health to enact local rules and regulations necessary to preserve, promote
and improve the public health.
B. Chapter 70.95 RCW (Solid Waste Management – Reduction and Recycling) assigns the
primary responsibility for adequate solid waste handling to local government.
C. Chapter 70.95.160 RCW (Local board of health regulations to implement the comprehensive
plan) states the local Board of Health shall adopt regulations or ordinances governing solid
waste handling.
D. The San Juan County Board of Health has duly advertised and held a public hearing and has
received public testimony regarding the proposed changes to the code.
NOW, THEREFORE, BE IT ORDAINED by the Board of Health of San Juan County, state
of Washington, as follows:
Sec. 1. San Juan County Code Section 8.14.010 and Ord. 4-2004 § 1 are each amended to
read as follows:
A. This chapter is promulgated under the authority of Chapters 36.58, 70.05, 70.46, 70.93, and
70.95 RCW.
B. Pursuant to Chapter 70.95 RCW, the primary responsibility for managing solid waste is
assigned to local government.
C. This regulation is promulgated to protect the public health by assuring the proper handling of
solid waste, including biomedical waste, in San Juan County and its incorporated city. , to
prevent land, air, and water pollution, and to conserve San Juan County's natural, economic,
and energy resources by:
1. Adopting Chapter 173-304 WAC, Minimum Functional Standards for Solid Waste
Handling, Chapter 173-350 WAC, Solid Waste Handling Standards and Chapter 173351 WAC, Municipal Landfill Standards;
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2. Controlling the disposal of all nonexempted solid waste generated and collected within
San Juan County at a site or sites consistent with the San Juan County solid waste
management plan and as approved by the San Juan County board of county
commissioners;
3. Providing a framework for interlocal cooperation in the handling of solid waste;
4. Permitting any incorporated municipality within San Juan County to use County solid
waste disposal facilities in a manner consistent with the San Juan County solid waste
management plan.
NEW SECTION Sec. 2. A new section is added to San Juan County Code Chapter 8.14 to
read as follows:
Adoption by Reference.
A. The Minimum Functional Standards for Solid Waste Handling, Chapter 173-304 WAC,
effective November, 1985, is hereby adopted by reference. If a conflict arises between
Chapter 173-304 WAC and this chapter, the more restrictive regulation shall apply. Any
subsequent amendment to Chapter 173-304 WAC shall be considered to have been
incorporated into this chapter without the need for further amendment.
B. Solid Waste Handling Standards, Chapter 173-350 WAC, effective February 10, 2003, is
hereby adopted by reference. If a conflict arises between Chapter 173-350 WAC and this
chapter, the more restrictive regulation shall apply. Any subsequent amendment to Chapter
173-350 WAC shall be considered to have been incorporated into this chapter without the
need for further amendment.
C. The Criteria for Municipal Solid Waste Landfills, Chapter 173-351 WAC, is hereby adopted
by reference. If a conflict arises between Chapter 173-351 WAC and this chapter, the more
restrictive regulation shall apply. Any subsequent amendment to Chapter 173-351 WAC shall
be considered to have been incorporated into this chapter without the need for further
amendment.
Sec. 3. San Juan County Code Section 8.14.020 and Ord. 4-2004 § 2 are each amended to
read as follows:
The definitions of terms contained in Chapters 173-304 and 173-350 WAC are hereby adopted
and incorporated by reference as described in Section 2 of this Ordinance. The definitions of
terms contained in Chapter 173-308 WAC are adopted by reference and any subsequent
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amendment to the definitions in Chapter 173-308 WAC shall be considered to have been
incorporated into this chapter without the need for further amendment.
The “biomedical waste” definition from Chapter 70.95K RCW is hereby adopted and
incorporated by reference. Any subsequent amendment to the definition of “biomedical waste” in
Chapter 70.95K RCW shall be considered to have been incorporated into this chapter without the
need for further amendment.
The following definitions shall also apply:
A.
“Board of Health” shall mean the San Juan County board of health.
B.
“Health Department” shall mean the San Juan County health and community services.
C.
“Health Director” shall mean the director of the San Juan County health and community
services or his/her authorized representative.
D.
“Health Officer” shall mean the San Juan County health officer or his/her duly authorized
representative.
E.
“Junk vehicle” means a vehicle certified under RCW 46.55.230 as meeting at least three of
the following requirements:
1. Is three years old or older;
2. Is extensively damaged, such damage including but not limited to any of the following: a
broken window or windshield, or missing wheels, tires, motor or transmission;
3. Is apparently inoperable;
4. Has an approximate fair market value equal only to the approximate value of the scrap in
it.
Sec. 4. San Juan County Code Section 8.14.030 and Ord. 4-2004 § 3 are each amended to
read as follows:
A. Chapter 173-304 WAC, Minimum Functional Standards for Solid Waste Handling, Chapter
173-308 WAC, Biosolids Management, Chapter 173-350 WAC, Solid Waste Handling
Standards, and Chapter 173-351 WAC, Municipal Landfill Standards, as presently
constituted and hereafter amended, are hereby adopted and incorporated by reference in this
chapter as the minimal standards governing solid waste handling practices and facilities in
San Juan County.
B. No solid waste handling facility or operation shall be maintained, established, substantially
altered, expanded, or improved until the owner or operator of such site has obtained a solid
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waste handling permit from the health department pursuant to the provisions of WAC 173350-700, adopted herein by reference, and no biosolids handling facility or operation shall be
maintained, established, substantially altered, expanded, or improved until the owner or
operator of such site has obtained approval through a state general permit and has obtained
site and operation approval from the health director pursuant to the provisions of Chapter
173-308 WAC.
1. The board of health may establish reasonable fees for solid waste permits, permit
renewals, and for biosolids site and operation approvals and renewals, following
advertised public hearings as required by law.
2. Request for renewal of all solid waste permits and biosolids site and operation approvals
shall be made to the health director on or before February 1st of each year, subject to a
satisfactory record of operation and compliance with this chapter. Failure to apply for
permit and site and operation renewal will render the permit or approval null and void.
3. When an application for a solid waste permit or biosolids site and operation approval
renewal is denied, suspended, or revoked, the holder of the permit or approval may
appeal the health director's decision to the health officer, following the procedure
outlined in this chapter.
C. It shall be unlawful for any person to engage in solid waste or biosolids handling or disposal
or to allow such activities to take place except at a facility approved for said use by the health
department and consistent with the San Juan County solid waste management plan.
Unsatisfactory solid waste or biosolids handling or handling beyond normal, residential,
storage and off- site disposal activities, by any person, will be subject to the provisions of this
chapter, and to "San Juan County enforcement policy" as adopted by the board of health.
D. This chapter applies to solid waste as that term is defined in WAC 173-350-100 and to
biosolids as that term is defined in WAC 173-308-080, incorporated by reference herein, but
does not apply to exempted solid waste listed under WAC 173-350-020 incorporated by
reference herein.
E. Disposal of Feces. No person shall collect, store, or dispose of any human feces, except at a
sewer treatment facility or in an approved on-site sewage disposal system. However, this
does not apply to the composting of human waste that has been processed in a composting
toilet permitted and approved pursuant to Chapter 246-272246-272A WAC and Chapter 8.16
SJCC.
F. Residential and Commercial/Business Solid Waste.
1. Residential Solid Waste Handling. Residential solid waste may be stored temporarily onsite in a manner that does not result in a public health hazard or cause environmental
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health damage; or disposed of at a permitted facility. Where route collection is not
possible a residence or group of residences may site a common dumpster at an
appropriate site to receive solid waste temporarily prior to pick-up from a certificated
hauler. This activity will be considered a part of residential solid waste collection.
Unpermitted burial and final disposal of any solid wastes, by any person, is prohibited.
2. Commercial/Business Solid Waste Handling. When any person exceeds the solid waste
handling needs of one a single family residence or a single family farm, the activities
shall be classified as commercial/business solid waste handling and shall be subject to the
requirements in WAC 173-350-300.
G. Junk Vehicles
1. Junk vehicles shall be removed to a facility licensed to accept junk vehicles, except
properties up to 10 (ten) acres in size may have up to 2 (two) junk vehicles and properties
over 10 (ten) acres may have up to 5 (five) junk vehicles, provided they do not pose a
health hazard.
2. The health department will only respond to complaints regarding junk vehicles that are
either visible from public property and/or rights-of-ways or pose a health hazard. Use of
old machinery, farm implements, or other items as landscape ornaments will not be
subject to these standards.
H. Illegal Dumping
1. Whenever solid wastes dumped in violation of RCW 70.95.240 contain three or more
items bearing the name of one individual, there shall be a rebuttable presumption that the
individual whose name appears on such items committed the unlawful act of dumping
and is responsible for clean-up of the discarded materials.
2. Dumpers and property owners are jointly and severally responsible for waste clean-up
and lawful disposal in accordance with the "San Juan County environmental health
enforcement policy."
I. Dead Animals. Dead animals shall be disposed of by their owners and/or by property owners
in a manner to protect public health and the environment. Their disposal shall be consistent
with local codes. Animals weighing 15 pounds or greater may be taken to a rendering plant,
a veterinary clinic, an animal shelter, or the animal can be disposed of directly at accepting
landfills or transfer stations providing said disposal does not create a nuisance. Property
owners may dispose of dead animals on their property when animal disposal does not result
in a nuisance or public or environmental health threats.
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J. Biomedical Wastes.
1. Applicability. This chapter applies section applies to all biomedical waste generators
including, but not limited to, hospitals, medical and dental clinics, medical laboratories,
nursing or intermediate care facilities, in-home medical waste generators, veterinary
facilities and other institutions which may generate biomedical wastes.
2. Storage, Handling, and Disposal - All persons shall store, handle, and dispose of
biomedical wastes in a manner that protects against public exposure and public health
threats. All biomedical waste shall be segregated from other solid waste by separate
containment at the point of generation. Needles and sharps shall be contained in leakproof, rigid, puncture resistant, break resistant containers that are labeled and tightly
lidded during storage, handling and transport. Biomedical waste, except for needles and
sharps, shall be contained in disposable, leak-proof containers having a strength to
prevent ripping, tearing or bursting under normal conditions of use. The containers shall
be appropriately marked by the generator as containing biomedical waste. All
biomedical waste must be treated prior to disposal into the municipal solid waste stream.
Biomedical wastes shall be disposed of in a manner and at a facility approved by the
health director.
3. Residential biomedical waste generated from self-treatment, and disposed of with
residential wastes from a single-family residence or single-family dwelling unit, is
exempt from 1 and 2 above. Residential sharps may be disposed into household garbage
cans provided the sharps are properly packaged and labeled. A residential generator shall
not dispose of sharps into cans, carts, drop boxes or other containers in which refuse,
trash or solid waste is placed for collection if a sharps collection station has been
established for residential sharps waste.
K. Problem Wastes. Persons handling or disposing of problem wastes in San Juan County as
defined in WAC 173-304-100 shall notify the health department of their intended activities.
Permits or authorizations may be required as determined by the health director.
Sec. 5. San Juan County Code Section 8.14.040 and Ord. 5-2001 are each amended to read
as follows:
It shall be unlawful for any collecting agent or person to deliver or deposit any solid waste
except at a disposal site consistent with the San Juan County solid waste management plan. ,
approved by the San Juan County board of commissioners, and permitted under the provisions of
this chapter by the health department.
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Sec. 6. 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 provision to other person or
circumstances shall not be affected.
Sec. 7. Effective Date.
This Ordinance is effective immediately upon adoption by the Board of Health.
Sec 8. Codification.
Sections 1-5 of this Ordinance will be codified.
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ADOPTED this _______ day of _______________, 2012.
BOARD OF HEALTH
SAN JUAN COUNTY WASHINGTON
ATTEST: Clerk of the Council
______________________
David Perera, Chair
By: ________________________
Maureen See
Date:
______________________
Richard Fralick, Member
REVIEWED BY COUNTY
ADMINISTRATOR PRO TEMPORE
______________________
Rich Petersen, Member
___________________________
Robert W. Jean
Date:
APPROVED AS TO FORM ONLY
RANDALL K. GAYLORD
By: ________________________
Date
______________________
Howard Rosenfeld, Member
______________________
Dale Heisinger, Member
______________________
Barbara Starr, Member
_____________________
John Geyman, Member
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