SOLID WASTE REGULATIONS - Kitsap Public Health District

(iii)
(iv)
(v)
Other Legal or Equitable Relief. Notwithstanding the existence or use of any other
remedy, the Health Officer may seek legal or equitable relief to enjoin any acts or practices
or abate any conditions that constitute or will constitute a violation of this ordinance, or
rules and regulations adopted under it, or any state health law or regulation, or that
otherwise threatens public health.
Imminent and Substantial Dangers. Notwithstanding any provisions of this regulation the
Health Officer may take immediate action to prevent an imminent and substantial danger
to the public health by the improper management of any waste irrespective of quantity or
concentration.
Failure to respond or appear. Unless contested or appealed in accordance with these
regulations, any notice of violation or order issued by the Health Officer represents a
determination that the person to whom the notice or order was issued committed the
violation.
(8) Penalties
(a) Civil Penalties.
(i)
(ii)
(iii)
Except as provided in Section 950(6)(b)(ii), the violation of any provision of these
regulations is designated as a Class 1 civil infraction pursuant to Chapter 7.80 RCW, Civil
Infractions.
Any person who unlawfully dumps solid waste as described in Section 025(3)(b) for waste
in an amount greater than one (1) cubic foot has committed a Class 1 civil infraction
pursuant to Chapter 7.80 RCW, Civil Infractions. Any person who unlawfully dumps solid
waste in an amount less than or equal to one (1) cubic foot has committed a Class 3 civil
infraction pursuant to Chapter 7.80 RCW. The court may also impose restitution for any
violation.
The Health Officer may issue a notice of civil infraction pursuant to Chapter 7.80 RCW if
the Health Officer has reasonable cause to believe that the person has violated any
provision of these regulations or has not corrected the violation as required by a written
notice and order to correct violation. Civil infractions shall be issued, heard and
determined as described in 0Chapter 7.80 RCW, and any applicable court rules.
(b) Criminal Penalties.
4) The following are crimes under these regulations:
(i)
(ii)
Any person who unlawfully dumps biomedical waste as described in Section 025(3)(b)
shall be, upon conviction, guilty of a misdemeanor and shall be subject to a fine of not
more than $1,000, or imprisonment in the county jail not to exceed ninety (90) days, or
both. The court may also impose restitution.
Any person who unlawfully dumps dangerous waste or extremely hazardous waste in
violation of RCW 70.105.085 shall be, upon conviction, guilty of a gross misdemeanor
under RCW 70.105.0900 and shall be subject to a fine of not less than $100 nor more than
$10,000, or imprisonment in county jail for not more than one (1) year, or both. The court
may also impose restitution.
KCBH ORDINANCE 2010-1 101 SOLID WASTE REGULATIONS