Chapter 8.12
SOLID WASTE DISPOSAL
Sections:
Article I. Solid Waste Disposal System*
8.12.010 Established.
8.12.020 Regulations and procedures.
8.12.030 Plan adoption.
Article II. Solid Waste Disposal District
8.12.040 Definitions.
8.12.050 Determination.
8.12.060 Established.
8.12.070 Findings.
8.12.080 Taxing authority.
8.12.090 Responsibility.
8.12.100 Customers – Billing.
8.12.110 Customers – List.
8.12.120 Appeals.
8.12.130 Excluded portions of charges.
8.12.140 Lien provisions.
8.12.150 District operations.
8.12.160 Solid waste utility account.
8.12.170 Review.
*Prior legislation: Res. 167-1981; 113-1972; Ord. 179-1992.
Article I. Solid Waste Disposal System
8.12.010 Established.
A. Definitions. For the purpose of this chapter, the following definitions shall apply in the interpretation and enforcement of this chapter:
1. "Agricultural waste" means wastes on farms resulting from the production of agricultural products including but not limited to manures, and carcasses of dead animals weighing each or collectively in excess of 15 pounds.
2. "Bulky waste" means large items of refuse, such as appliances, furniture, and other oversize wastes which would typically not fit into disposal containers.
3. "Waste hauler" means any person, firm or corporation collecting solid waste for hire or other consideration.
4. "Controlled solid waste" means all solid waste generated and/or collected within the unincorporated areas of San Juan County.
5. "Dangerous waste" means any solid waste designated as dangerous waste under Chapter 173-303 WAC.
6. "Disposal" means the discharge, deposit, injection, dumping, leaking or placing of any solid waste into or on any land or water.
7. "Disposal site" means a site or sites approved by the San Juan County board of commissioners where any final treatment, utilization, processing or deposition of solid waste occurs. This includes, but is not limited to, transfer stations included as part of the County disposal system, sanitary landfills, incinerators, and composting plants.
8. "Division" means the solid waste division of San Juan County.
9. "Hazardous waste" means and includes, but is not limited to, explosives, medical wastes, radioactive wastes, pesticides and chemicals which are potentially harmful to the public health or the environment. Unless otherwise defined by the San Juan County board of health, such waste shall have the meaning as defined by the Washington State Department of Ecology and the Washington Administrative Code.
10. "Health department" means the San Juan County environmental health department.
11. "Inert waste" means noncombustible, nondangerous solid wastes that are likely to retain their physical and chemical structure under expected conditions of disposal including resistance to biological attack and chemical attack from acidic rainwater.
12. "Manager" means the manager of the solid waste division of San Juan County.
13. "Person" means any individual, association, firm, corporation, partnership, political subdivision, municipality or any other entity.
14. "Plan" means the Comprehensive Solid Waste Management Plan adopted pursuant to and consistent with Chapter 70.95 RCW by San Juan County.
15. "Problem wastes" means soils removed during the cleanup of a remedial action site, or a dangerous waste site closure or other cleanup efforts and actions and which contain harmful substances but are not designated dangerous wastes.
16. "Recycling" means the process of segregating solid waste for sale, processing, and beneficial use. Materials which can be removed through recycling include but are not limited to newsprint, cardboard, aluminum, glass, plastics, and ferrous metal. Recycling does not include combustion of solid waste or preparation of a fuel from solid waste.
17. "Reclamation site" means a location used for the processing or the storage of recycled waste.
18. "Solid waste" means all putrescible and nonputrescible solid and semisolid wastes, except wastes identified in WAC 173-304-015, including but not limited to garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities. This includes all liquid, solid and semisolid materials which are not the primary products of public, private, industrial, commercial, mining and agricultural operations. Solid waste includes but is not limited to sludge from waste water treatment plants and septage from septic tanks, wood waste, dangerous waste, and problem wastes. Unrecovered residues from recycling operations shall be considered solid waste.
19. "Transfer station" means a fixed, supplemental collection and transportation facility, used by persons and route collection vehicles to deposit collected solid waste from off-site into a larger transfer vehicle for transport to a permanent disposal site.
20. "Wood waste" means a by-product resulting from the handling and processing of wood, including but not limited to hog fuel, sawdust, shavings, chips, bark, small pieces of wood, stumps, limbs, and any other material composed largely of wood which has no significant commercial value at the time in question, but shall not include slash developed from logging operations unless disposed of on a different site, and does not include wood pieces or particles containing chemical preservatives such as creosote, pentachlorophenol, or copper-chrome-arsenate. Specifically excluded from this definition are products containing wood waste which are intended for home or agricultural use.
B. System of Disposal.
1. Under the authority provided by RCW 36.58.040, a system is hereby established for disposal of all solid waste generated and/or disposed in unincorporated San Juan County.
2. Disposal in San Juan County. It is unlawful for any person to dispose of controlled solid waste in San Juan County except at County-authorized disposal sites and in a manner authorized by San Juan County; except that nothing herein shall 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 any statute, ordinance or regulation, or create a nuisance.
3. Establishment of County Solid Waste Facilities.
a. The Lopez Solid Waste Facility is established on the following described real estate owned by San Juan County: the north 300 feet of the south 500 feet of the west 400 feet of the NW 1/4 of the NW 1/2 of Section 23, T35N, R2W, W.M.
b. The Orcas Solid Waste Facility is established on the following described real estate owned by San Juan County: Lot 5 of Johnstone’s Home Tracts, Long Plat #1-46; and the west 1/2 of the SE 1/4 of the SW 1/2 of Section 27, T37N, R2W, W.M., except that portion of said west 1/2 described in Exhibit A to deed from Daniel R. Smith and Berenese R. Smith to San Juan County recorded in Volume 73, page 21.
c. The San Juan Solid Waste Facility is established on the following described real estate owned by the Town of Friday Harbor: SW 1/4 of Section 2, T35N, R3W, W.M. described in Friday Harbor Ordinance No. 422 dated April 11, 1976.
C. Acquisition of Solid Waste Disposal Sites/Transfer Stations. The County may acquire by purchase, lease, contract with private parties or other necessary means, disposal sites which are needed for disposal of solid waste generated and collected in San Juan County. Selection of such disposal sites shall be consistent with the San Juan County Comprehensive Plan and all federal, state, and local requirements, including, but not limited to, comprehensive land use planning, fire protection, water quality, and air quality. The County may acquire disposal sites on a continuing basis, as is required by the volume of solid waste generated and collected within the County. (Ord. 17-1996)
8.12.020 Regulations and procedures.
A. Use of County Disposal Sites/Transfer Stations.
1. Interlocal Operations. Solid waste disposal sites/transfer stations owned or operated by the County shall accept solid wastes generated and collected within incorporated areas of the County.
2. Individuals and Businesses. Any individual or business may use San Juan County disposal facilities designated for individual use, in compliance with any applicable rules and regulations, provided, however, that waste generated or collected outside the County will not be accepted.
3. Dangerous and Hazardous Waste. Under no circumstances shall any person deliver to disposal facilities in San Juan County for disposal any waste that is defined as "hazardous waste" per the Federal Resource Conservation and Recovery Act or rules or regulations thereunder, or defined as "extremely hazardous waste" or "dangerous waste" per Chapter 70.105 RCW or regulations thereunder. Moderate-risk wastes will be accepted at designated County facilities.
B. Operation of Solid Waste Disposal Sites. Pursuant to Chapter 70.95 RCW, no disposal site in San Juan County shall be established, altered, expanded, improved, operated or maintained without prior compliance with the following:
1. The disposal site, facilities and proposed method of operations shall be consistent with the San Juan County Solid Waste Management Plan.
2. The disposal site shall be constructed, operated, and maintained in accordance with terms of a permit issued by the health department and such other permits as are required by law.
3. The division shall be the oversight or operating authority for all solid waste disposal sites owned and operated by San Juan County. Nothing herein shall prohibit the County by ordinance from contracting with another entity, public or private, to own, construct and/or operate a disposal site, transfer station or facility. The manager shall prepare operating regulations for solid waste disposal sites, which shall govern all other matters necessary to assure compliance with federal, state, and local regulations applicable to such sites. Said regulations shall be approved by the board of County commissioners. The County reserves the right to provide in said operating rules that certain solid wastes, such as bulky wastes, problem wastes, and wood waste, based on source, type or volume, shall not be accepted, or only conditionally accepted, at sites owned or operated by the County.
4. a. Every vehicle delivering solid waste to a solid waste handling site or disposal facility shall have its load tied, covered, or confined in a manner that will prevent any part of the load from leaving the vehicle while the vehicle is in motion. If, in the opinion of solid waste facility staff, the load is not secured in such manner and the vehicle is not exempt pursuant to subsection (C) below, the operator of the vehicle delivering the load shall pay a surcharge at the solid waste handling site or disposal site according to the following scale, effective January 1, 1997:
Cars (vehicles with passenger
license plates) $3.00
Trucks (vehicles with truck
license plates) $5.00
b. Surcharges collected under this section shall be deposited into the Solid Waste Fund, together with daily solid waste facility receipts.
c. A vehicle transporting sand, dirt, or gravel in compliance with the provisions of RCW 46.61.655 as now existing or hereafter amended, shall not be required to secure or cover a load or pay a fee pursuant to this section.
5. The facilities shall be operated in accordance with the rules and regulations promulgated by the San Juan County health department and in accordance with the rules and regulations promulgated by the Department of Ecology as set forth in Chapter 173-304 WAC.
6. Hours of operation of the facilities shall be set by the solid waste manager, as approved by the board of County commissioners.
7. Disposal rates shall be established by the public works director and shall be reviewed annually by the San Juan County board of County commissioners during the County budget process. Disposal rates shall generate sufficient revenue to cover costs of operation.
8. All other federal, state, and local laws, ordinances and regulations regarding solid waste handling shall be met.
C. Exempt Operations.
1. Any solid waste operation herein exempt from obtaining an operating permit from the San Juan County health department under this chapter must be established, maintained, managed, and/or operated in compliance with all other requirements of federal, state and local rules. Any exemption allowed in this ordinance shall have no effect on requirements of other laws, ordinances, or regulations.
2. The following solid waste disposal operations or facilities are hereby exempted from obtaining a permit under this chapter to be established, maintained, managed, or operated:
a. Dumping or depositing solid waste generated by a single family or household produced incidental to routine household activities onto or under the surface of the ground owned or leased by the family or household.
b. Wrecking automobiles and parts thereof, including storage and handling facilities.
c. Depositing less than 2,000 cubic yards of soil, rock, gravel, broken concrete, and similar inert wastes onto the surface of the ground whereby such depositing is to be temporary in nature, graded and otherwise worked to fill an existing depression or low area of ground.
d. Depositing agricultural solid waste onto or under the surface of the ground when said waste is being utilized primarily for fertilizer or a soil conditioner or is being deposited on ground owned or leased by the person responsible for the production of said waste, as long as depositing such waste does not create a nuisance.
e. Depositing sewage and/or sewage sludge onto or under the surface of the ground at a disposal site which has otherwise been issued a permit by a federal, state or local agency to be operated, maintained, or managed for that purpose.
D. Recycling. Reclamation sites for recycling operations shall be designated as part of the County’s disposal system and shall be subject to permit requirements of the San Juan County health department.
E. Solid Waste Disposal Site Permit Regulations. The Board of Health shall adopt regulations governing the establishment, alteration, expansion, improvement, operation, and maintenance of all solid waste disposal sites. Such regulations shall set procedures, standards, and conditions for the issuance of solid waste disposal site permits designed to assure that disposal sites and facilities are located, maintained, and operated in a manner so as to properly protect the public health, prevent air and water pollution, and avoid the creation of nuisances. Such regulations shall be consistent with, but may be more stringent than, the minimum functional standards adopted by the Washington State Department of Ecology (Chapter 173-304 WAC).
F. Enforcement. The health department shall be responsible for enforcement, and for seeking enforcement through the prosecutor’s office, of subsections (B) through (E) of this section and the regulations promulgated thereunder. The division shall be responsible for enforcement, or for seeking enforcement through the prosecutor’s office, of SJCC 8.12.010(B) and 8.12.020(A) and the regulations promulgated thereunder.
G. Penalties. Any person who violates or fails to comply with any of the provisions of this chapter or regulations promulgated hereunder and orders issued pursuant hereto or who files or supplies any false, incomplete or inaccurate information in conjunction with any permit application or permit renewal or in supplying any other information requested by this chapter shall be deemed guilty of a misdemeanor and shall be punished by imprisonment in the County jail for a maximum term fixed by the court of not more than 90 days or by fine in the amount fixed by the court of not more than $1,000 or both such imprisonment and fine. Each day that a violator does not comply with the requirements of this act following the initial warning of infraction shall constitute a separate offense. Nothing contained herein shall be construed to exempt an offender from any other suit, prosecution, or penalty provided in the San Juan County Code or by other laws.
H. Severability. If any section, subsection, clause, or phrase of this chapter is, for any reason, found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portion. (Ord. 17-1996)
8.12.030 Plan adoption.
The San Juan County board of County commissioners approves and adopts the 1996 Solid Waste Management Plan, attached to the ordinance codified in this section and on file for inspection, submitted to the Washington Department of Ecology for final approval on April 2, 1996, and approved by the Department of Ecology on May 20, 1996. (Ord. 17-1996)
Article II. Solid Waste Disposal District
8.12.040 Definitions.
As used in this chapter, the following terms shall be defined as follows:
A. "Business or institution" means all properties in the County other than residential dwellings which are served by a certificated hauler. The tax shall apply whether the business or institution is for-profit or nonprofit, public or private.
B. "Capital improvement" means the acquisition or improvement of land or the acquisition, construction, or renovation of solid waste disposal facilities, including but not limited to landfills and transfer stations.
C. "Certificated hauler" means a solid waste collection company that has obtained a certificate of convenience and necessity from the WUTC pursuant to Chapter 81.77 RCW to provide solid waste collection service in unincorporated areas of the County.
D. "County" means San Juan County.
E. "District" means the solid waste disposal district established by this chapter.
F. "Plan" means the County’s Solid Waste Management Plan, as it has been adopted in 1996 and may be amended thereafter;
G. "Residential dwelling" means each single-family house, apartment, houseboat, or other dwelling unit which is separately billed for waste collection service by a certificated hauler. Forest areas, farms or ranches that elect to use collection service shall be considered as residential dwellings for purposes of this chapter. Residents of apartments, hotels, dormitories, boarding houses, maritime vessels, or other housing units shall not be separately taxed if the landlord or some other party arranges for solid waste collection and pays for solid waste collection and the tax on behalf of tenants or residents.
H. "WUTC" means the Washington Utilities and Transportation Commission or any agency which succeeds to its powers. (Ord. 19-1996 § 1)
8.12.050 Determination.
The board of County commissioners hereby determines that it is in the public interest to form the district as set forth in this chapter. (Ord. 19-1996 § 2)
8.12.060 Established.
The San Juan County solid waste disposal district ("district") is hereby formed to provide a sound financial basis for the funding of solid waste capital improvements. The district shall include all unincorporated areas in San Juan County. (Ord. 19-1996 § 3)
8.12.070 Findings.
The board of County commissioners in forming the district determines and finds that:
A. State and federal law and regulation have placed increased responsibility on local governments to manage solid waste disposal systems in a manner that protects public health and safety;
B. Properly designed, operated, and maintained solid waste disposal facilities are essential public utilities serving broad public interests, by protecting public health and safety;
C. State and federal standards for solid waste disposal, including requirements for recycling and waste reduction, have greatly increased the cost of solid waste disposal systems;
D. The transfer, disposal, and other handling of solid wastes generated by residents of the district, whether generated at their homes or elsewhere in the district, imposes cost burdens on the County and the district;
E. All residences and businesses within the district are beneficiaries of County solid waste disposal systems and facilities and receive substantial and essential public service by having the operational availability on a continuing basis of healthful, safe, and reliable solid waste disposal facilities and systems;
F. A stable funding program made up of both service fees and a tax is required to provide a broad and sound financial basis to provide a viable solid waste management program and safe, effective, disposal facilities; and
G. Imposition of the tax provided for by this chapter will promote the County’s ability to fund solid waste capital improvements. (Ord. 19-1996 § 4)
8.12.080 Taxing authority.
The district is authorized to levy the tax upon the charges paid to certificated haulers for solid waste collection by each residential dwelling and by each business or institution in the district. This tax shall equal a percentage of the collection charges billed by certificated haulers. This tax shall be equal throughout the district. The board of County commissioners, acting as the governing body of the district, shall set the level of the tax from time to time by ordinance. (Ord. 19-1996 § 5)
8.12.090 Responsibility.
The district is authorized to levy the tax upon the fees paid by any person for the delivery of solid waste to any solid waste handling or disposal facility that is owned or operated by the County; provided, however, that the tax shall not be imposed upon such fees paid by certificated haulers for the delivery of waste collected from a residential dwelling, business or institution that is subject to the tax pursuant to SJCC 8.12.080. The tax upon fees for delivery of waste to a County facility shall equal a percentage of such fees and shall be established at the same rate as the tax upon charges paid to certificated haulers. (Ord. 19-1996 § 6)
8.12.100 Customers – Billing.
To simplify collection of the tax established by SJCC 8.12.080, each certificated hauler shall include the tax in its regular billing cycle for all customers within the district and remit the proceeds collected to the County treasurer by the tenth working day following the end of each month. The tax provided for pursuant to SJCC 8.12.090 shall, for administrative purposes, be billed and collected as nearly as possible in a manner compatible with the state solid waste tax, Chapter 82.18 RCW. (Ord. 19-1996 § 7)
8.12.110 Customers – List.
To assist in the enforcement of the taxes levied pursuant to this chapter, each certificated hauler shall provide to the County treasurer a listing of its customers and information identifying customers delinquent in payment of the tax. Such listings shall be used by the County treasurer for purposes of bringing collection actions against parties failing to pay the taxes required herein. The County treasurer may request the assistance of the County prosecuting attorney to enforce collection of past due taxes and is authorized to seek the assistance of the State Department of Revenue in coordinating the collection of these taxes with the state tax required by Chapter 82.18 RCW. (Ord. 19-1996 § 8)
8.12.120 Appeals.
Any party aggrieved in the application of the tax provided for herein may appeal the same to the County board of equalization. The decision of such board shall be binding on the County. (Ord. 19-1996 § 9)
8.12.130 Excluded portions of charges.
Any certificated hauler that wishes to exclude any portion of its gross charges for solid waste collection from the tax shall bear the obligation to segregate and justify that a portion of the waste should not be subject to the tax, and shall be subject to the appeal provisions of SJCC 8.12.120. (Ord. 19-1996 § 10)
8.12.140 Lien provisions.
If the tax is not paid when billed by a certificated hauler, the County may seek payment of the tax and secure liens and execute against the property served for the unpaid tax, penalties and interest, all as provided in RCW 36.58.140. All taxes unpaid for 90 days may be assessed a penalty of $25.00, plus interest compounded at the rate of one percent per month for each month said tax remains unpaid. (Ord. 19-1996 § 11)
8.12.150 District operations.
The operations of the district shall be managed by the solid waste division of San Juan County. (Ord. 19-1996 § 12)
8.12.160 Solid waste utility account.
All taxes or other fees collected pursuant to this chapter shall be deposited to the solid waste utility account, or such other accounts as may be designated pursuant to district ordinance or regulation, and shall be solely for purposes related to solid waste capital improvements deemed necessary by the board of commissioners and related debt service thereon. Such capital improvements include but are not limited to the closure of the Orcas Island Landfill, and the construction of County-owned transfer stations; provided, however, the board of commissioners may authorize up to five percent of tax funds collected to be used to support tax billing and collection activities by the County treasurer and the prosecuting attorney. (Ord. 19-1996 § 13)
8.12.170 Review.
This ordinance codified in this chapter shall take effect on November 1, 1996. The County board of commissioners, convened as the governing body of the district, shall review the need for the solid waste excise tax, the level of the tax, and the operation of the solid waste system as frequently as may be needed. Such review shall be performed no less frequently than the review of solid waste management plans as required under Chapter 70.95 RCW and as such law may be amended from time to time. (Ord. 19-1996 § 14)