42. ENFORCEMENT & COMPLIANCE
The objective of solid waste enforcement is compliance - ensuring that human discards are managed and disposed of in an appropriate manner which will not create a risk to human health or to the environment.
42.1 INTRODUCTION
This chapter of the Douglas County Comprehensive Solid Waste Management Plan (DCCSWMP) outlines the regulatory framework overseeing enforcement and compliance, discusses the existing conditions and programs within the Regional Planning Area (RPA), establishes objectives to the meet existing and projected needs, identifies alternatives, and recommends actions for achieving the established objectives.
42.2 REGULATORY FRAMEWORK
42.2.1 Federal Requirements
Numerous federal regulations exist to protect public health and safety, and the environment with regard to solid and hazardous wastes. Most of these regulations are overseen by the Environmental Protection Agency (EPA). As allowed by law, the State of Washington, in most cases, have adopted their own set of solid and hazardous waste regulations, which meet or exceed the requirements established by federal regulations.
42.2.2 State Requirements
Department of Ecology (DOE)
The basis for Washington State's integrated solid waste management system consists of three primary sets of statutes and regulations: Chapter 70.95 RCW, Solid Waste Management - Reduction and Recycling; Chapter 70.93 RCW, Model Litter Control and Recycling Act (MLCA); and Chapter 173.304 WAC, Minimum Functional Standards for Solid Waste Handling (MFS). There are also statutes that provide for the establishment of solid waste handling and disposal systems by counties (Chapter 35.58 RCW) and cities (Chapter 35.21 RCW) as well as for various nuisance regulations by both.
Under RCW 70.95.090 the DOE is given responsibility to review and approve all comprehensive solid waste management plans. Under WAC 173.304.710 the DOE reviews all solid waste facility permits issued by the Chelan-Douglas Health District (CDHD) and may appeal permit issuance to the Pollution Control Hearing Board (PCHB) if in disagreement with the permit issuance. Under WAC 173.304.710 the DOE is also responsible for approving variances before they are granted by the CDHD. Under Chapter 173.314 WAC the DOE has direct licensing authority for the transportation and storage of waste tires. Under RCW 70.95.610-670 the DOE is responsible for adopting rules providing for the implementation and enforcement of vehicle battery disposal regulations. Under Chapter 173.308 WAC the DOE is responsible for adopting rules providing for the implementation and enforcement of biosolid regulations. Under Chapter 70.93 RCW the DOE is granted the authority to enforce the state's littering laws. Other than littering, and ensuring proper management of waste tires, vehicle batteries and biosolids, the statutes do not grant the DOE a clearly defined solid waste enforcement role. With regard to solid waste enforcement the DOE's role is limited to permit oversight and providing educational, technical and financial assistance.
Three other major statutes, though not solid waste laws, address the environmental effects of solid waste management. They include Chapter 90.48 RCW, Water Pollution Control (WPC), which grants the DOE enforcement authority to control and prevent pollution of surface and ground waters; Chapter 70.105D RCW, Hazardous Waste Cleanup - Model Toxic Control Act (MTCA), which grants the DOE authority to issue orders to require remedial action of sites that may potentially release hazardous substances into the environment; and Chapter 70.94 RCW, Washington Clean Air Act (WCAA), which governs the potential gases or other air emissions generated by solid waste.
Washington Utilities and Transportation Commission (WUTC)
The Washington State Legislature has declared that operating as a solid waste collection company in the State of Washington is a business affected with a public interest and that such companies should be regulated. Chapter 81.77 RCW grants to the Washington Utilities and Transportation Commission (WUTC) the authority to regulates all solid waste collection companies in the state unless a city or town contracts with a solid waste collection company or collects its own solid waste as a city provided service. Additionally, Chapter 480.70 WAC establishes the following standards to administer and enforce Chapter 81.77 RCW:
- public safety;
- fair practices;
- just and reasonable charges;
- nondiscriminatory application rates;
- adequate and dependable service;
- consumer protection;
- compliance with statutes, rules and commission orders.
Washington State Department of Transportation (WDOT)
The Washington State Department of Transportation (WDOT) is tasked with the oversight and enforcement of all laws, regulations and requirements for the transportation of hazardous and extremely hazardous waste upon state highways and biomedical waste as well. WDOT administers the laws, regulations and requirements but tasks the Washington State Patrol (WSP) with oversight and enforcement responsibilities. These responsibilities include, but are not limited to:
- proper packaging;
- labeling;
- loading, segregation and compatibility;
- vehicle placarding;
- manifesting requirements.
Washington State Department of Agriculture (WSDA)
The use and application of pesticides within the state are regulated by the Washington State Department of Agriculture (WSDA) under Chapter 15.58 RCW. Additionally, Chapter 16.228 WAC establish requirements, standards and criteria to protect the immediate and future health and welfare of the people of the state with regard to the application and control of various pesticides.
Washington State Department of Licensing (WDL)
All auto recycling facilities within the state are licensed by the Washington State Department of Licensing (WSDL) under Chapter 46.55 RCW. Chapter 46.55 RCW also requires the WSP to inspect all auto recycling facilities and enforcement the regulations contained within.
42.2.3 Local Requirements
Chelan-Douglas Health District (CDHD)
Under RCW 70.05.070 the local health officer, acting under the direction of the local board of health or under direction of the administrative officer appointed under RCW 70.05.040 or 70.05.035, if any, shall:
- enforce the public health statutes of the state, rules of the state board of health and the secretary of health, and all local health rules, regulations and ordinances within his or her jurisdiction including imposition of penalties authorized under RCW 70.119A.030 and filing of actions authorized by RCW 43.70.190;
- take such action as is necessary to maintain health and sanitation supervision over the territory within his or her jurisdiction;
- control and prevent the spread of any dangerous, contagious or infectious diseases that may occur within his or her jurisdiction;
- inform the public as to the causes, nature, and prevention of disease and disability and the prevention, promotion and improvement of health within his or her jurisdiction;
- prevent, control or abate nuisances which are detrimental to the public health;
- attend all conferences called by the secretary of health or his or her authorized representative;
- collect such fees as are established by the state board of health or the local board of health for the issuance or renewal of licenses or permits or such other fees as may be authorized by law or by the rules of the state board of health;
- inspect, as necessary, expansion or modification of existing public water systems, and the construction of new public water systems, to assure that the expansion, modification, or construction conforms to system design and plans;
- take such measures as he or she deem necessary in order to promote the public health, to participate in the establishment of health educational or training activities, and to authorize the attendance of employees of the local health department or individuals engaged in community health programs related to or part of the programs of the local health department.
Under RCW 70.95.160, the CDHD 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. Such regulations or ordinances shall assure that solid waste storage and disposal facilities are located, maintained, and operated in a manner so as properly to 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. Such regulations or ordinances may be more stringent than the minimum functional standards adopted by the DOE. Regulations or ordinances adopted by the CDHD shall be filed with the DOE.
Under RCW 70.95.170, except as provided otherwise in RCW 70.95.305 or 70.95.310, after approval of the comprehensive solid waste management plan by the DOE no solid waste handling facility or facilities shall be maintained, established, or modified until the county, city, town, or other person operating such a site has obtained a permit from the CDHD pursuant to RCW 70.95.180 or 70.95.190.
Under RCW 70.95.240, after the adoption of regulations or ordinances by the CDHD providing for the issuance of permits as provided in RCW 70.95.160, it shall be unlawful for any person to dump or deposit or permit the dumping or depositing of any solid waste onto or under the surface of the ground or into the waters of this state except at a solid waste disposal site for which there is a valid permit. This section does not:
- prohibit a person from dumping or depositing solid waste resulting from his or her own activities onto or under the surface of ground owned or leased by him or her when such action does not violate statutes or ordinances, or create a nuisance;
- apply to a person using a waste-derived soil amendment that has been approved by the DOE under RCW 70.95.205;
- apply to the application of commercial fertilizer that has been registered with the WSDA as provided in RCW 15.54.325, and that is applied in accordance with the standards established in RCW 15.54.800(3).
City of Bridgeport
As specified in RCW 36.70A.200, solid waste facilities are identified as "essential public facilities". This section goes on to say that no local comprehensive plan or development regulation may preclude the siting of essential public facilities. As such the City of Bridgeport requires all solid waste facilities to go through a conditional use permit process to assure that the facility conforms with the city's comprehensive plan, and meets all development regulations and zoning requirements. If there are any structural components to the solid waste facility, a building permit will be required. The City of Bridgeport has adopted the UBC, as well as other uniform codes relating to plumbing, mechanical, electrical, etc., as the guidance for issuing building permits. Within the UBC there are additional chapters and appendices that may be incorporated into the city's building and construction codes. One of these is Chapter 33, which governs grading and excavation activities. Under Chapter 33 some solid waste facilities and/or activities may be required to obtain special grading and excavation permits, in addition to any other land use, building, or solid waste permits.
City of East Wenatchee
As specified in RCW 36.70A.200, solid waste facilities are identified as "essential public facilities". This section goes on to say that no local comprehensive plan or development regulation may preclude the siting of essential public facilities. As such the City of East Wenatchee requires all solid waste facilities to go through a conditional use permit process to assure that the facility conforms with the city's comprehensive plan, and meets all development regulations and zoning requirements. If there are any structural components to the solid waste facility, a building permit will be required. The City of East Wenatchee has adopted the Washington State Uniform Building Code (UBC), as well as other uniform codes relating to plumbing, mechanical, electrical, etc., as the guidance for issuing building permits. Within the UBC there are additional chapters and appendices that may be incorporated into the city's building and construction codes. One of these is Chapter 33, which governs grading and excavation activities. Under Chapter 33, some solid waste facilities and/or activities may be required to obtain special grading and excavation permits, in addition to any other land use, building, or solid waste permits.
City of Rock Island
As specified in RCW 36.70A.200, solid waste facilities are identified as "essential public facilities". This section goes on to say that no local comprehensive plan or development regulation may preclude the siting of essential public facilities. As such the City of Rock Island requires all solid waste facilities to go through a conditional use permit process to assure that the facility conforms with the city's comprehensive plan, and meets all development regulations and zoning requirements. If there are any structural components to the solid waste facility, a building permit will be required. The City of Rock Island has adopted the UBC, as well as other uniform codes relating to plumbing, mechanical, electrical, etc., as the guidance for issuing building permits. Within the UBC there are additional chapters and appendices that may be incorporated into the city's building and construction codes. One of these is Chapter 33, which governs grading and excavation activities. Under Chapter 33 some solid waste facilities and/or activities may be required to obtain special grading and excavation permits, in addition to any other land use, building, or solid waste permits.
Town of Mansfield
As specified in RCW 36.70A.200, solid waste facilities are identified as "essential public facilities". This section goes on to say that no local comprehensive plan or development regulation may preclude the siting of essential public facilities. As such the Town of Mansfield requires all solid waste facilities to go through a conditional use permit process to assure that the facility conforms with the town's comprehensive plan, and meets all development regulations and zoning requirements. If there are any structural components to the solid waste facility, a building permit will be required. The Town of Mansfield has adopted the UBC, as well as other uniform codes relating to plumbing, mechanical, electrical, etc., as the guidance for issuing building permits. Within the UBC there are additional chapters and appendices that may be incorporated into the town's building and construction codes. One of these is Chapter 33, which governs grading and excavation activities. Under Chapter 33 some solid waste facilities and/or activities may be required to obtain special grading and excavation permits, in addition to any other land use, building, or solid waste permits.
Town of Waterville
As specified in RCW 36.70A.200, solid waste facilities are identified as "essential public facilities". This section goes on to say that no local comprehensive plan or development regulation may preclude the siting of essential public facilities. As such the Town of Waterville requires all solid waste facilities to go through a conditional use permit process to assure that the facility conforms with the town's comprehensive plan, and meets all development regulations and zoning requirements. If there are any structural components to the solid waste facility, a building permit will be required. The Town of Waterville has adopted the UBC, as well as other uniform codes relating to plumbing, mechanical, electrical, etc., as the guidance for issuing building permits. Within the UBC there are additional chapters and appendices that may be incorporated into the town's building and construction codes. One of these is Chapter 33, which governs grading and excavation activities. Under Chapter 33 some solid waste facilities and/or activities may be required to obtain special grading and excavation permits, in addition to any other land use, building, or solid waste permits.
Douglas County
Any jurisdiction, agency, private corporation, individual or other entity wishing to import solid waste into Douglas County must conform to the Douglas County Solid Waste Importation Ordinance (DCSWIO). As specified within the ordinance a formal Letter of Request to the Douglas County Board of Commissioners requesting that their application for solid waste importation be reviewed is required. Only after the Douglas County Board of Commissioners has received a Letter of Request will the review and approval process begin. The Douglas County Board of Commissioners will review the information contained within the Letter of Request with county staff and others. If it is determined by the Douglas County Board of Commissioners that sufficient information has been provided and that all known potential adverse impacts have been identified, assessed and mitigated the request may be approved.
Within Douglas County no person shall deposit, discard or otherwise dispose of any solid waste upon any public place within the county or upon a private residence or other private property not owned by him/her, or in any waters within the county except:
- when such property is designated by the state or any of its agencies or the county for the disposal of solid waste, and such person is authorized by the appropriate authority to so use such property;
- with the prior written consent of the landowner approving of such disposal upon their private property.
Additionally, within Douglas County all owners or persons in control of any private residence or other private property shall at all times maintain the premises free of any litter, garbage, rubbish, solid waste and swill that pose a risk to public health and safety, the environment or create a nuisance.
Table 42-1. Chelan-Douglas Health District Organizational Chart
Pursuant to the requirements of WAC 118.40.180, Douglas County was required
to 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. All permitted solid waste facilities are required by
the HMERP to have an approved health and safety plan within their general
operations plan. 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 specified in RCW 36.70A.200, solid waste facilities are identified as "essential public facilities". This section goes on to say that no local comprehensive plan or development regulation may preclude the siting of essential public facilities. As such Douglas County requires all solid waste facilities to go through a conditional use permit process to assure that the facility conforms with the county's comprehensive plan, and meets all development regulations and zoning requirements. If there are any structural components to the solid waste facility, a building permit will be required. Douglas County has adopted the UBC, as well as other uniform codes relating to plumbing, mechanical, electrical, etc., as the guidance for issuing building permits. Within the UBC there are additional chapters and appendices that may be incorporated into the county's building and construction codes. One of these is Chapter 33, which governs grading and excavation activities. Under Chapter 33 some solid waste facilities and/or activities may be required to obtain special grading and excavation permits, in addition to any other land use, building, or solid waste permits.
42.3 EXISTING CONDITIONS
42.3.1 Chelan-Douglas Health District (CDHD)
The CDHD is primarily responsible for enforcing solid waste regulations and for permitting all solid waste facilities in the RPA. The CDHD also monitors and enforces state regulations for solid waste facilities (Chapter 173-351 WAC).
The CDHD's enforcement responsibilities extend to many areas of solid waste management:
Permit and Permit Renewal Process:
The Chelan-Douglas Board of Health adopted a permit and permit renewal process policy in February, 2000. This policy outlines the CDHD permit application process to assure compliance with all existing laws and regulations, conformance to the DCCSWMP and all zoning requirements.
Table 42-2. Permit Process Policy
|
ACTION |
RESPONSIBLE PARTY |
AUTHORITY |
|
request pre-application conference |
Applicant |
|
|
schedule pre-application conference |
CDHD |
|
|
and invite agencies with expertise or |
|
|
|
require permits |
|
|
|
district staff prepare summary of |
CDHD |
|
|
of proceedings and distribute to |
|
|
|
attendees |
|
|
|
submit application and SEPA |
Applicant |
WAC 197.11 |
|
documents as necessary |
|
|
|
review for completeness |
CDHD |
RCW 36.70B.070 |
|
if incomplete, return to applicant |
CDHD |
RCW 36.70B.070 |
|
and advise as to what is necessary |
|
|
|
for determination of completeness |
|
|
|
prepare determination of completeness |
CDHD |
RCW 36.70B.070 |
|
and provide to applicant |
|
|
|
prepare notice of application and |
CDHD |
|
|
propose SEPA determination or |
|
|
|
intention to adopt existing documents |
|
|
|
make notice of application available to |
CDHD |
RCW 36.70B.110 |
|
the public, agencies with expertise and |
|
|
|
local governments where action is |
|
|
|
proposed. Note that a public comment |
|
|
|
period of not less than fourteen nor more |
|
|
|
than thirty days is open |
|
|
|
review comments and determine if |
CDHD |
|
|
revision to application or SEPA |
|
|
|
documents are necessary |
|
|
|
prepare revisions, if necessary |
Applicant |
|
|
review revisions |
CDHD |
|
|
make SEPA threshold determination |
CDHD |
WAC 197.11 |
|
prepare determination of consistency |
CDHD |
RCW 36.70B.040 |
|
based on comments of local planning |
|
|
|
agency |
|
|
|
prepare notice of decision, including |
CDHD |
RCW 36.70B |
|
threshold determination and procedures |
|
|
|
for administrative appeal (within 120 |
|
|
|
days of determination of completeness) |
|
|
Source: Bill Tinney II
Table 42-3. Permit Renewal Process Policy
|
ACTION |
RESPONSIBLE PARTY |
AUTHORITY |
|
Mail renewal application |
CDHD |
|
|
Submit application |
Applicant |
RCW 70.95 |
|
Review for completeness |
CDHD |
RCW 36.70B.070 |
|
If incomplete, return to applicant |
CDHD |
RCW 36.70B.070 |
|
and advise as to what is necessary |
|
|
|
for determination of completeness |
|
|
|
Prepare determination of completeness |
CDHD |
RCW 36.70B.070 |
|
and provide to applicant |
|
|
|
Review annual report |
CDHD |
|
|
Make notice of application available |
CDHD |
RCW 70.05 |
|
to the public, agencies with expertise |
|
|
|
and local governments where action |
|
|
|
is proposed |
|
|
|
Review comments and determine if |
CDHD |
|
|
revisions to application documents |
|
|
|
are necessary |
|
|
|
Prepare revisions, if necessary |
Applicant |
|
|
Review revisions |
CDHD |
|
|
Prepare notice of decision and |
CDHD |