4.            RELATIONSHIP TO OTHER PLANS AND REGULATIONS

 

 

4.1          INTRODUCTION

This chapter of the Douglas County Comprehensive Solid Waste Management Plan (DCCSWMP) outlines the relationship of the DCCSWMP with all other Comprehensive Land Use Plans within the Regional Planning Area (RPA). As required by Chapter 70.95 RCW, the DCCSWMP must function in conjunction with various restrictions, policy documents, studies and regulations which deal with related matters such as land use, environmental implications and building codes.

 

 

4.2          RELATIONSHIP TO OTHER PLANS

 

4.2.1       Comprehensive Plans

The Guidelines for the Development of Local Solid Waste Management Plans and Plan Revisions require that the DCCSWMP reference all comprehensive land use plans for all participating jurisdictions. These plans include the following:

 

• the Douglas County 1995 Comprehensive Plan (Douglas County, December - 1995)
• the Greater East Wenatchee Area Comprehensive Plan (Douglas County, April - 1996)
• Bridgeport Urban Area Comprehensive Plan (Bridgeport August 1994)
• City of East Wenatchee Comprehensive Plan (East Wenatchee, August - 1998)
• Mansfield Urban Area 1994 Comprehensive Plan (Mansfield, July - 1994)
• Rock Island Urban Area Comprehensive Plan 1995-2015 (Rock Island, February - 1996)
• Waterville Urban Area Comprehensive Plan (Waterville, May - 1996)

 

All of these plans were completed pursuant to the requirements of Washington State's Growth Management Act (GMA). One provision of the GMA requires that counties and cities include within their comprehensive plan a process for identifying and siting essential public facilities. These facilities are described in the GMA as "…those facilities that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities as defined in RCW 47.06.140, state and local correctional facilities, solid waste handling facilities, and in-patient facilities including substance abuse facilities, mental health facilities and group homes." {RCW 36.70A.200} This section goes on to say that no local comprehensive plan or development regulation may preclude the siting of essential public facilities.

 

For Douglas County, it was decided by the GMA Regional Council (a group made up of one elected official from each City and Town in the County and the three County Commissioners) to address the issue of siting essential public facilities in a County-wide, coordinated approach. The Douglas County 1995 Comprehensive Plan established goals, policies and siting criteria that are to be considered when siting an essential public facility. Each community then decides what process to use to apply the criteria when/if there is an application for locating an essential public facility within their jurisdiction. The East Wenatchee, Rock Island and Waterville plans all specifically refer to the Douglas County 1995 Comprehensive Plan as the guiding document for goals, policies and siting criteria. The Bridgeport and Mansfield plans, which pre-dates the County Plan, do not specifically address essential public facilities except to describe the GMA Regional Council and their role in developing the goals, policies and siting criteria for essential public facilities locating in the County.

4.2.2       Shoreline Plans

Pursuant to the requirements of the State Shoreline Management Act (SMA), shoreline master programs establish policies and regulations for development along shorelines. Shorelines are defined as all waters of the state, including reservoirs, floodplains and their associated wetlands. Portions of rivers and streams having a mean annual flow of less than 20 cubic feet per second and lakes less than 20 acres in size are excluded from the regulations.

 

Of the participating jurisdictions, Douglas County, Bridgeport, East Wenatchee and Rock Island are the only jurisdictions that are required by the SMA to adopt shoreline master programs. Each of these jurisdictions adopted the same shoreline master program in the mid-1970's that was prepared through a cooperative effort for the entire Columbia River shoreline in Douglas County. The shoreline master programs are based on the same guidelines that govern the entire state, and as such are fairly uniform, at least in their types of shoreline environment designations. Generally, these master programs will limit solid waste disposal along the shorelines of major waterways, in accordance with Chelan-Douglas Health District (CDHD) regulations. Based on recent legislative changes, each of these jurisdictions will be required to update their shoreline master program including it as an element of their comprehensive plan within the next two to five years. The time frame for this is dependent on the adoption of a revised rule by the Department of Ecology (DOE).

 

4.2.3       Wellhead Protection

Within the Greater East Wenatchee Area, a Wellhead Protection Program has been cooperatively developed and implemented by the City of Wenatchee, the East Wenatchee Water District and Douglas County. Additionally, Rock Island has implemented a wellhead protection program through their comprehensive water system plan. These programs delineate wellhead protection areas that are intended to protect public water supplies that rely on groundwater as a source. Through the process of evaluating and siting alternative locations for solid waste handling activities, the DCCSWMP will need to give consideration to these identified wellhead protection areas.

 

The majority of the responsibility for implementing wellhead protection lies with the local jurisdictions, including East Wenatchee, Rock Island and Douglas County. The implementation of the wellhead protection program is generally carried out by adopting zoning ordinances or codes that limit activities around critical water supplies, set design or operating standards for facilities and/or activities within the wellhead protection area, and/or by implementing other regulatory approaches.

 

4.2.4       Emergency Management Plans

Pursuant to the requirements of WAC 118.40.180, Douglas County must prepare and implement a local Hazardous Materials Emergency Response Plan (HMERP). This plan compliments and expands on sections of the Douglas County Comprehensive Emergency Management Plan (DCCEMP). It is intended to assist governmental agencies, businesses and response entities in their response to the release of hazardous materials within the boundaries of Douglas County resulting from naturally occurring events, industrial accidents, terrorism, or illegal activities.

 

The primary responsibility for administering the HMERP lies with the Douglas County Sheriff's Office. The implementation of the HMERP is generally carried out by the Douglas County Emergency Management organization, as authorized in RCW 38.52.070. The DCCSWMP will need to require that all permitted solid waste facilities within the RPA have an approved health and safety plan within their general operations plan.

 

4.3          RELATIONSHIP TO OTHER REGULATORY CODES

 

4.3.1       Sanitary Codes

Jurisdictional health authorities are given broad authority to enforce the provisions of both the state regulations dealing with solid waste and public health issues, and the locally adopted comprehensive management plan. As with the provisions for permitting, necessary enforcement actions are also described in the local sanitation codes. RCW 70.05.060(3) states that jurisdictional health authorities are authorized to "enact such local rules and regulations as are necessary in order to preserve, promote and improve the public health and provide the enforcement thereof ". Subsection (5) goes on to allow jurisdictional health authorities to "...provide for the prevention control and abatement of nuisances detrimental to the public health."

 

Pursuant to RCW 70.95.160 local health districts "...shall adopt regulations or ordinances governing solid waste handling implementing the comprehensive solid waste management plan covering storage, collection, transportation, treatment, utilization, processing and final disposal including but not limited to the issuance of permits and the establishment of minimum levels and types of service for any aspect of solid waste handling." These activities are permitted, overseen and enforced locally through the CDHD's Sanitation Code. The locally adopted Sanitation Code " shall assure that solid waste storage and disposal facilities are located, maintained and operated in a manner so as to properly protect the public health, prevent air and water pollution, are consistent with the priorities established in RCW 70.95. 010, and avoid the creation of nuisances." The Sanitation Code may be more stringent than the minimum functional standards adopted by the State of Washington. RCW 70.95.180(3) goes on to require that when issuing permits for solid waste handling facilities, "...the jurisdictional health department shall investigate every application as may be necessary to determine whether a proposed or modified site and facilities meet all solid waste, air, and other applicable laws and regulations, and conforms with the approved comprehensive solid waste handling plan, and complies with all zoning requirements." Whereas the DCCSWMP must be mindful of other plans and regulations as recommendations and implementation activities occur, the Sanitation Code is required by state law to be responsive to and consistent with the DCCSWMP. As activities are carried out under the Sanitation Code, the CDHD is charged with determining that all other local plans and regulations are complied with, particularly the comprehensive solid waste management plan.

 

4.3.2       Zoning Codes

All of the participating jurisdictions have zoning regulations that govern the location of different types of uses throughout the communities. Most activities and/or facilities associated with solid waste handling have been classified as essential public facilities as described in Section 4.1.1 above. As such, most of the participating jurisdictions will require solid waste handling facilities to go through a conditional use permit process. Although the criteria for evaluating the facility will be the same regardless of which jurisdiction has the specific authority (please see the Douglas County 1995 Comprehensive Plan), each community will have some different application and procedural requirements. In all cases, conditional use permit applications will require a public hearing prior to a final decision being made on the project.

 

4.3.3       Building Codes

If there are any structural components to a recommended solid waste handling facility, a building permit will be required from the applicable jurisdiction. Douglas County and its participating jurisdictions have all adopted the Uniform Building Code (UBC), as well as other uniform codes relating to plumbing, mechanical, electrical, etc., as the guidance for issuing building permits. Although each jurisdiction may have adopted certain additional requirements, the standard components of when a permit is required and what design and construction standards are required will be consistent across the jurisdictions.

 

4.3.4           Grading and Excavation

Within the UBC there are additional chapters and appendices stating that local jurisdictions have the option of incorporating into their building and construction codes. One of these is Appendix Chapter 33, which governs grading and excavation activities. By reference, Douglas County and the participating jurisdictions have adopted Appendix Chapter 33, which means that some solid waste handling facilities and/or activities may be required to obtain special grading and excavation permits, in addition to any other land use, building and/or solid waste permits.