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SOLID WASTE REGULATIONS - Kitsap Public Health District

SOLID WASTE REGULATIONS - Kitsap Public Health District

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e presented to the <strong>Health</strong> Officer within five (5) business days of the findings and<br />

actions from the administrative hearing. Upon receipt of a timely written notice of<br />

appeal together with hearing fees, the <strong>Health</strong> Officer shall set a time, date, and<br />

location for the requested hearing before the Board of <strong>Health</strong>, and shall give the<br />

appellant written notice thereof. Such hearing shall be set at a mutually<br />

convenient time not less that five (5) business days or more than 30 business days<br />

from the date the appeal request was received by the <strong>Health</strong> Officer. Any decision<br />

of the Board of <strong>Health</strong> shall be final and may be reviewed by an action filed in<br />

superior court. Any action to review the Board of <strong>Health</strong>’s decision shall be filed<br />

within 21 business days of the date of the decision.<br />

(iii)<br />

(iv)<br />

Stay of Action. Any orders issued concerning the alleged violation shall remain in<br />

effect during the appeal to the Board of <strong>Health</strong>. Any person affected by an order<br />

to correct violation may make a written request for a stay of the decision to the<br />

<strong>Health</strong> Officer within five (5) business days of the <strong>Health</strong> Officers decision. The<br />

<strong>Health</strong> Officer shall notify the appellant in writing of his/her decision to grant or<br />

deny the stay request within five(5) business days of receipt of the request.<br />

Judicial Review. All decisions of the Board of <strong>Health</strong> shall be final unless review<br />

is sought by filing an action in any court of competent jurisdiction, as provided by<br />

the laws of this State.<br />

(10) Variances<br />

(a) Any person who owns or operates a solid waste facility may apply to the <strong>Health</strong> Officer for a<br />

variance from any paragraph of these regulations except as provided in Section 950(8)(b)(of<br />

these regulations.(b) No variance from Chapters 173-350 WAC, Solid Waste Handling<br />

Standards, Chapter 173-304, Minimum Functional Standards for Solid Waste Handling, and<br />

173-351 WAC, Criteria for Municipal Solid Waste Landfills, shall be granted by the <strong>Health</strong><br />

Officer except with the approval and written concurrence of Ecology prior to action on the<br />

variance by the <strong>Health</strong> Officer.<br />

(b) The <strong>Health</strong> Officer may grant variances from these regulations for standards that are more<br />

stringent than the standards of Chapters 173-350 and 173-351 WAC, or from provisions in these<br />

regulations that are not contained in Chapters 173-350 and 173-351 WAC, without Ecology<br />

approval.<br />

(c) Variances shall be granted in accordance with the requirements contained in §710 (7) of these<br />

regulations.<br />

960 - REPEALER<br />

All biomedical waste that has been contained as described in Section 305(3)(b) shall be<br />

disposed of at a solid waste handling facility permitted to receive such waste.<br />

<strong>Kitsap</strong> County Board of <strong>Health</strong> Solid Waste Regulations, Resolution Number 2000-6 dated<br />

August 6, 2000, is hereby repealed. In addition, if any resolution, code, words, rules or<br />

regulations of the <strong>Kitsap</strong> County <strong>Health</strong> <strong>District</strong> is in conflict with this regulation, they are<br />

KCBH ORDINANCE 2010-1 104 <strong>SOLID</strong> <strong>WASTE</strong> <strong>REGULATIONS</strong>

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