8.08B.350
Waste Oil
Used Oil shall be recycled or used as fuel in an approved
Used Oil furnace as specified in WAC 173-303-515. These wastes can be taken to an Island County Transfer
Station/Recycle Park or other approved Facility that collects Used Oil for
subsequent reprocessing. Used Oil
shall not be disposed onto or into the ground, sewer or sewage systems, storm
drains, Surface Waters, or into the waste stream.
Used Oil collection Tanks shall be placed above ground on an impermeable
platform with sides to prevent ground contamination in the event of spills
and/or leaks from Tanks.
8.08B.360
Vehicle Batteries
No
Person may dispose of a Vehicle battery except by delivery to: an authorized
Person or entity selling lead acid batteries; or a Person or entity authorized
by the Department of Ecology to accept batteries; or to a secondary lead
smelter. Any Person who violates
this section shall be subject to a fine as described in RCW 70.95.610.
8.08B.370
Outdoor and Indoor Fires
A.
The
following material shall not be burned in Open Burning or any outdoor or indoor
fire: Garbage, dead animals, asphalt, petroleum products, paints, rubber
products, plastics, paper (other than what is necessary to start a fire),
cardboard, Treated Wood, construction/demolition debris, metal or any substance
other than natural vegetation.
B.
One Small
Fire on the Premises of a residence may be allowed to dispose of firewood and/or
natural vegetation if:
1.
The
provisions of subsections A and B of this section are not violated;
2.
The
burning will not violate any regulations of Chapter 14.03D ICC, Outdoor Burning
Permits, a local fire protection agency authorized to issue burning Permits to
prevent or abate Nuisances, City ordinances, air pollution authority, or
resolution pertaining to a Nuisance;
3.
Fires are
started only between the hours of 8:00 A.M. and sunset;
4.
There is
a Person in attendance at the site of the fire at all times and the fire is
extinguished before leaving the site.
C.
Outdoor
Fires – Business establishments. It shall be unlawful to cause to allow
Outdoor Fires from any business establishment unless a Permit is obtained from
the Northwest Air Pollution Authority.
8.08B.380
Junk Vehicles
Junk
Vehicles, as defined herein, shall be subject to the conditions of ICC 8.08B
unless the owner can provide sufficient evidence to the Health Officer that:
A.
The Vehicles, or parts thereof, are being actively
recycled,
B.
All fluids or parts that have a potential to
Contaminate soil and/or groundwater have been removed from the Vehicles and
disposed of consistent with 173-303 WAC Dangerous Waste Regulations and ICC
8.08B, and
C.
The Vehicles do not provide harborage for Vectors.
8.08B.390 Financial Assurance Requirements
Waste
Tires Storage facilities regulated under ICC 8.08B.220, Moderate Risk Waste facilities regulated under ICC
8.08B.230, and Limited Purpose Landfills regulated under ICC
8.08B.240 shall comply with the regulations in WAC 173-350-600.
8.08B.400
Corrective Action
When
the owner or operator of a Solid Waste Facility is subject to remedial measures
in compliance with chapter 173-340 WAC, the Model Toxics Control Act, the roles
of the Health Department and the Department shall be as follows:
A.
The
Health Department:
1.
May
participate in all negotiations, meetings, and correspondence between the owner
and operator and the Department in implementing the model Toxics control action;
2.
May
comment upon and participate in all decisions made by the Department in
assessing, choosing, and implementing a remedial action program;
3.
Shall
require the owner or operator to continue Closure and post-Closure activities as
appropriate under this chapter, after remedial action measures are completed;
and
4.
Shall
continue to regulate all Solid Waste facilities during construction, operation,
Closure and post-Closure, that are not directly impacted by chapter 173-340 WAC.
B.
The
Department shall carry out all the responsibilities assigned to it by chapter
70.105D RCW, Hazardous waste cleanup -- Model Toxics Control Act.
8.08B.410
Administration
The Island County Health Officer shall administer these
rules and regulations under the supervision of the Island County Board of Health
RCW 70.95.160, RCW 70.05.
8.08B.420
Public Hearing
The Island County Board of Health has the authority to
require a public hearing prior to the issuance of any Permit with or without
variances.
8.08B.430
General Provisions
General provisions shall be in accordance with Island
County Code, chapter 8.01.
8.08B.440
Civil Penalty
A.
Penalty.
It shall be unlawful and punishable as a civil infraction under RCW 7.80 for any
Person to violate or refuse to or fail to comply with any of the provisions of
this chapter.
1.
Violations
of Solid Waste Handling requirements by a Person engaged in Commercial
activities shall constitute a Class 1 civil infraction.
2.
All other
violations of this chapter and all violations by a Person engaged in
non-Commercial activities shall constitute a Class 2 civil infraction.
Each day or portion thereof during which any
infraction occurs or continues shall be a separate infraction and separately
punishable. Adjudication of the
infraction shall not excuse the violation or allow the continuation of the
violation.
B.
Enforcement
Authority. The Island County Health Officer, the Health Services Director, the
Environmental Health Director, and Island Count Sheriff or his deputies are
enforcement officers within the meaning of RCW Chapter 7.80.
8.08B.450
Abatement
In
addition to any other remedy provided herein or by law, the Health Officer may
require any Person, who creates or maintains a violation of any Solid Waste
regulation, to commence corrective work and to complete the work within such
time as the Health Officer determines reasonable under the circumstances.
If the required corrective work is not commenced or completed within the
time specified, the Health Officer may proceed to abate the violation and cause
the work to be done. The cost
thereof will be charge as a lien against the property and as a joint and
separate Personal obligation of each Person who is in violation.
The cost of the abatement may include administrative costs.
Notwithstanding
any provisions of these rules and regulations, the Health Officer may take
immediate action as necessary to prevent or abate an imminent and substantial
danger to the public health resulting from the improper management of any waste.
8.08B.470
Severability
Provisions of these rules and regulations are hereby declared to be separable, and if any section, subsection, sentence, clause, phrase, or portion of these rules and regulations is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of these rules and regulations.