SOLID WASTE REGULATIONS - Kitsap Public Health District

More documents

Recommendations

Info

(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
(iii) (iv) (v) (vi) (vii) (viii) Any person who unlawfully dumps solid waste as described in Section 025(3)(b) and in an amount less than one (1) cubic yard, but greater than (1) cubic foot, 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 as stated in Chapter 70.95 RCW, Solid Waste Management- Reduction and Recycling. Any person who unlawfully dumps solid waste as described in Section 025(3)(b) of these regulations and in an amount greater than (1) cubic yard, shall be, upon conviction, guilty of a gross misdemeanor, and shall be subject to a fine of not more than $5,000, or imprisonment in the county jail not to exceed one (1) year, or both. The court may also impose restitution as stated in Chapter 70.95 RCW, Solid Waste Management-Reduction and Recycling. Any person who fails, neglects, or refuses to obey an order of the Health Officer to correct a violation as set forth in Section 950(5)(g) above 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 not0 to exceed ninety (90) days, or both. The court may also impose restitution. Any person who fails, neglects, or refuses to comply with a written assurance of discontinuance pursuant to Section 950(5)(h) above 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 operates a solid waste facility or collection service without a permit 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 operates a solid waste facility or collection service after a permit has been suspended 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. (c) Noncompliance Fees. Pursuant to the most current Health District fee schedule adopted by the Board of Health, the Health District may assess an hourly noncompliance fee to a permittee or owner/operator of unpermitted facility for the following: (i) (ii) (iii) Health District oversight and review required as a result of the Health Officer’s determination that a permitted facility is not in compliance with its permit and/or applicable regulations and has not met the compliance dates specified in a notice and order to correct violation; or Amendments to an existing Health District permit required as a result of the permitted facility not being in compliance with its permit and/or applicable regulations. Second and subsequent re-inspections conducted by the Health District in response to the permittee not complying with their permit or the permittee not KCBH ORDINANCE 2010-1 102 SOLID WASTE REGULATIONS
Page 1 and 2:
KITSAP COUNTY BOARD OF HEALTH ORDIN
Page 3 and 4:
600 - FINANCIAL ASSURANCE REQUIREME
Page 5 and 6:
020 - APPLICABILITY 020 Applicabili
Page 7 and 8:
(d) Identification Presumed. When t
Page 9 and 10:
351 WAC, Criteria for Municipal Sol
Page 11 and 12:
Bulky Waste: Large items of refuse,
Page 13 and 14:
EPA: The United States Environmenta
Page 15 and 16:
fill, concrete or asphalt, or uncon
Page 17 and 18:
energy. "Recyclable materials" mean
Page 19 and 20:
3) Any oil that has been refined fr
Page 21 and 22:
an application site it shall not co
Page 23 and 24:
a list of approved beneficial uses.
Page 25 and 26:
known available and reasonable meth
Page 27 and 28:
(v) Ensure facility employees are t
Page 29 and 30:
permanent office facilities are not
Page 31 and 32:
Land application. (1) Land applicat
Page 33 and 34:
equirements for land application si
Page 35 and 36:
240 Energy recovery and incineratio
Page 37 and 38:
of an energy recovery or incinerati
Page 39 and 40:
shall be covered by at least three
Page 41 and 42:
(vii) Trash chutes shall not be use
Page 43 and 44:
Health Officer may require the gene
Page 45 and 46:
(iii) Disposal. Problem waste can o
Page 47 and 48:
solid waste handling facilities mus
Page 49 and 50:
(c) No owner or operator shall comm
Page 51 and 52:
(iii) Ensure that nonpermitted wast
Page 53 and 54: waste associated with solid waste h
Page 55 and 56: calendar year and shall include the
Page 57 and 58: (iii) The Olympia office of the sec
Page 59 and 60: (a) Notify the jurisdictional healt
Page 61 and 62: (i) Ensure that personnel are famil
Page 63 and 64: (iii) For tanks or components in wh
Page 65 and 66: (v) The forms used to record weight
Page 67 and 68: nor in any wetland nor any public l
Page 69 and 70: (i) Provides for collection and rem
Page 71 and 72: (v) Ensure that at least two landfi
Page 73 and 74: previous calendar year and shall in
Page 75 and 76: department may direct that post-clo
Page 77 and 78: (v) Prevent unstable conditions res
Page 79 and 80: (iii) The Health Officer may grant
Page 81 and 82: (D) Date of boring; (E) Water level
Page 83 and 84: (d) Ground water elevations shall b
Page 85 and 86: (v) Potentiometric surface elevatio
Page 87 and 88: estimates; (III) Tangible net worth
Page 89 and 90: (b) Prepare a new post-closure cost
Page 91 and 92: (ii) Investigate every application
Page 93 and 94: (i) If the variance is granted on t
Page 95 and 96: chapter; and (g) Any additional inf
Page 97 and 98: (a) General. At a minimum, the Heal
Page 99 and 100: (7) Remedies (a) Written Assurance
Page 101 and 102: Order to the Health Officer in acco
Page 103: (e) Order to Vacate. When a conditi
Page 107 and 108: e presented to the Health Officer w
Page 109 and 110: (iii) Have sufficient structural in
Page 111: C. Local/Regional: 173-425 OUTDOOR
show all

SOLID WASTE REGULATIONS - Kitsap Public Health District

Create successful ePaper yourself

Delete template?

Save as template?