[1]
For further clarifying language and performance standards to be utilized by administrative staff in preparing, negotiating, and enforcing disposal site agreements with all designated disposal sites, see Res. 96-002.
A. 
The purpose of this chapter is to establish a comprehensive county-wide solid waste system for handling all solid waste generated in the unincorporated areas of the county and generated in cities within the county. This system is intended, among other things to:
1. 
Protect public health and safety;
2. 
Prevent land, air, and water pollution;
3. 
Prevent the in-county processing or disposal of solid waste at locations other than designated disposal sites;
4. 
Conserve and protect the natural resources and environment of the county;
5. 
Limit the potential liability of the county for improper solid waste disposal;
6. 
Provide financial support for the county's solid waste management activities; and
7. 
Provide for disposal charges that are fair, just and reasonable for the public and the private operators of disposal sites.
B. 
The county has determined to implement aggressive programs to reduce the amount of solid waste that enters the waste stream; to reduce, through recycling and other approved methods, the amount of waste that must be disposed of; to use disposal facilities with energy recovery prior to disposal facilities without energy recovery or landfilling; and to ensure that facilities process and dispose of solid waste in a manner that will not create a health hazard and that will reduce environmental pollution. These objectives require the county to direct the in-county processing and disposal of all solid waste generated within the unincorporated area of the county and generated within cities to a disposal site or sites consistent with this chapter and the plan.
C. 
To carry out the foregoing purposes, to the extent permitted by law, this chapter is adopted to regulate the establishment and operation of all solid waste disposal sites in the county that process or dispose of solid waste generated in unincorporated areas of the county and in cities, and to require that all such sites meet state-mandated standards.
D. 
The county, pursuant to powers granted by law, hereby exercises its authority:
1. 
To control the in-county processing and disposal of all solid waste generated within the unincorporated areas of the county;
2. 
To negotiate contracts with private parties that operate disposal sites relating to rates to be charged by such private operators for their disposal services and additional amounts for the purpose of providing financial support for county solid waste programs; and
3. 
To permit the cities to use county-owned or privately owned disposal sites for the processing or disposal of all solid waste generated in such cities.
(Ord. 91-041 § 1; Ord. 96-055)
Unless otherwise expressly provided in this chapter, the definitions found in RCW 70.95.030 and WAC 173-304-100, as now in existence or as hereafter amended, shall apply in interpreting this chapter.
A. 
"Approval" or "approved"
by the county council, county executive or manager means an approval given after all other permitting processes have been completed, except the health department permit required by RCW 70.95.170 through 70.95.190, but no special duty to any permittee or third party is created by the terms of this chapter or any approval given pursuant thereto.
B. 
"Chapter"
means Ordinance 91-041 when codified as a chapter of the Whatcom County Code.
C. 
"Cities"
means those cities in the county that now or hereafter become parties to interlocal cooperation agreements with the county pertaining to the handling of solid waste generated in such cities.
D. 
"Construction and demolition waste"
shall have the same meaning as "demolition waste" contained in WCC § 24.08.040, as amended from time to time.
E. 
"Council"
means the duly elected council of Whatcom County.
F. 
"County"
means Whatcom County, Washington.
G. 
"County solid waste"
means solid waste generated in the unincorporated areas of the county (except the Diablo/Newhalem area) and solid waste generated in the cities.
H. 
"Disposal site"
means a permitted location within the county where any final treatment, utilization, processing, transfer for long-haul to an out-of-county location or deposit of county solid waste occurs, including but not limited to a location where landfilling, composting, incineration with energy recovery and/or incineration without energy recovery is carried out.
I. 
"Hauler"
means a solid waste collection company, as defined in and governed by RCW Chapter 81.77, which collects county solid waste.
J. 
"Hazardous waste"
means any waste, material, or substance that now or hereafter:
1. 
Is required to be handled as hazardous waste under regulations promulgated by the U.S. Environmental Protection Agency at 40 CFR part 261; or
2. 
Contains a radioactive material, the storage or disposal of which is regulated by state or federal law or regulation; or
3. 
Is designated a "dangerous waste" through application of regulations adopted pursuant to RCW Chapter 70.105; and is not excluded from regulation as "hazardous waste" or "dangerous waste" by application of hazardous waste or dangerous waste regulations adopted by U.S. Environmental Protection Agency or Washington State Department of Ecology. Certain solid waste which is not as of the effective date of this chapter within one or more of subdivisions 1 through 3 of this subsection J, may after that date come within the scope of one or more of those subdivisions as determined by a governmental entity with jurisdiction; certain other solid waste which is within one of those subdivisions similarly may cease to be recognized as a hazardous waste as defined herein. Accordingly, any waste, material, or substance shall be deemed hazardous waste only so long as and to the extent that it is included in at least one of subdivisions 1 through 3 of this subsection J.
K. 
"Health department"
means the Whatcom County health department or any successor agency charged with responsibility for issuing or renewing permits for solid waste disposal sites pursuant to RCW 70.95.170 through 70.95.190.
L. 
"Manager"
means the solid waste manager of the county department of public works or the alternate public official designated by the county to carry out the duties of the Manager pursuant to this chapter.
M. 
"Moderate risk waste"
means:
1. 
Any waste that exhibits any of the properties of hazardous waste but is exempt from regulation under RCW Chapter 70.105 solely because the waste is generated in quantities below the threshold for regulations; and
2. 
Any household wastes which are generated from the disposal of substances identified by the health department as hazardous household substances.
N. 
"Person"
means an individual, firm, association, partnership, political subdivision, government agency, municipality, public or private corporation, cooperative, or any other entity whatsoever.
O. 
"Plan" or "Whatcom County comprehensive solid waste management plan"
means the plan adopted pursuant to RCW Chapter 70.95 by Whatcom County and approved by the Department of Ecology in May 1990, or any successor plan, governing waste reduction and recycling, and the disposal of solid waste in Whatcom County.
P. 
"Process" or "processing"
does not include the processing of recyclable materials collected by a recycling collection company pursuant to Ordinance 90-95 (codified as Chapter 8.10 of this title) or the activities exempt under Section 8.15.070.
Q. 
"Recyclable materials"
means recyclable materials as defined by RCW 70.95.030.
R. 
"Recycling"
means recycling as defined by RCW 70.95.030.
S. 
"Separated waste"
means the solid waste that remains after the removal of all recyclable material that it is practicable to remove, including material that can be composted.
T. 
"Sludge"
means a semisolid substance consisting of settled sewage solids combined with varying amounts of water and dissolved materials generated from a wastewater treatment plant or other source.
U. 
"Solid waste"
means all putrescible and nonputrescible solid and semisolid wastes, including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and recyclable materials, but excluding all hazardous waste.
V. 
"Source separated"
means the separating of different kinds of solid waste at the place where the waste is generated.
W. 
"SWAC"
means the Whatcom County solid waste advisory committee.
X. 
"System"
means the county-wide solid waste handling system established by this chapter. This term does not include and this chapter shall not be applicable to:
1. 
Vehicles or other equipment used in the collection and transportation of solid waste; or
2. 
Drop box convenience centers which transfer solid waste from locations in the county to a disposal site located in the county.
Y. 
"Woodwaste"
means solid waste consisting of wood pieces or particles generated as a byproduct or waste from the manufacturing of wood products, handling and storage of raw materials and trees and stumps. This includes but is not limited to sawdust, chips, shavings, bark, pulp, hog fuel, and log sort yard waste, but does not include wood pieces or particles containing chemical preservatives such as creosotes, pentacholorophenol, or copper-chrome arsenate.
(Ord. 91-041 § 2; Ord. 96-037)
A. 
Pursuant to RCW 36.58.040, there is established a system of solid waste handling for all county solid waste, which system is consistent with the plan and interlocal agreements between the county and cities.
B. 
The system shall include the disposal sites designated herein and the means of processing or disposal described in subsection E of this section, as amended from time to time.
C. 
The system and the requirements of this chapter shall be binding upon all persons, including but not limited to all public and private generators of county solid waste, haulers, and public and private operators of disposal sites.
D. 
Unless otherwise permitted by state law, authorized by the county council, or exempt under Section 8.15.070, it is unlawful for any person to deliver to or dispose of any county solid waste anywhere within the county except at a disposal site designated by or pursuant to this chapter, as amended from time to time. In addition, it is unlawful for any hauler to deliver or dispose of any county solid waste anywhere outside the county except to a location in the United States outside of the state of Washington.
E. 
Except for those disposal sites designated by the county executive as an emergency, as described in subsection F of this section, and except for those disposal sites that are exempt under Section 8.15.070, the disposal sites set forth below in subdivisions 1 through 5 of this subsection E, inclusive, and any additional disposal sites found to meet the requirements of Section 8.15.080, are hereby designated as the sole disposal sites within the county which are authorized to receive, and to which haulers and all other persons are authorized to deliver, county solid waste for processing or disposal (subject to the further requirements of subsection G of this section):
1. 
RECOMP of Washington, 1524 Slater Road, Ferndale (Authorized to separate unseparated or partially unseparated county solid waste; recycle, compost, incinerate with energy recovery separated and unseparated county solid waste; transfer to the Olivine facility separated county solid waste; and transfer for long haul and landfilling outside the county that portion of county's solid waste delivered to RECOMP that cannot be processed practicably at the RECOMP or Olivine facility);
2. 
Olivine Corporation, 928 Thomas Road, Bellingham (Authorized to recycle and/or incinerate, with or without energy recovery; the handling of separated solid waste is covered under subdivision 1 of this subsection E, and Section 8.15.070 A.7);
The above designations are expressly subject to:
a. 
The operator of each designated site's initial receipt and continuing possession of all permits and governmental approvals necessary for the operation of the disposal site;
b. 
The disposal site's capability of processing or disposing of solid waste by the means described above in subdivisions 1 through 5 of this subsection E; and
c. 
The execution and delivery of an agreement between the county and the private operator of the disposal site, as further described in Section 8.15.060B.
F. 
Upon a finding by the county executive, based on the recommendation of the manager, that it is necessary for the immediate preservation of the public health and safety that additional or alternate disposal sites be designated on an emergency basis and notification of the chair of the county council of such emergency, the county executive may, for a period of no longer than 60 consecutive days, designate additional or alternate disposal sites that do not comply with all the requirements of this chapter. The authority of the county executive to so designate additional or alternate facilities under this subsection and the exercising of this authority shall not excuse any breach of terms or conditions of any applicable contract with an operator of a disposal site designated pursuant to this chapter.
G. 
Haulers and other persons hauling solid waste to sites within Whatcom County shall deliver county solid waste only to a disposal site named in subsection E of this section that is authorized to process or dispose of the particular type of county solid waste being delivered. In the event that more than one disposal site is authorized to accept such county solid waste, then such waste shall be delivered to the disposal site that has both the technical capability and available capacity to process or dispose of such waste utilizing the highest priority means of processing or disposing of that waste. The priority levels are, in descending order of preference:
1. 
Recycling through acceptance and segregated marketing of source separated recyclable materials, including source separated compostable materials;
2. 
Processing of recyclable materials, including compostable materials contained in unseparated county solid waste;
3. 
Incineration with energy recovery of separated waste;
4. 
Incineration without energy recovery of separated waste;
5. 
Landfilling of separated waste;
6. 
Incineration with energy recovery of unseparated solid waste;
7. 
Incineration without energy recovery of unseparated solid waste;
8. 
Landfilling of unseparated solid waste.
It is the intent of this section that no unseparated county solid waste shall be incinerated without energy recovery or landfilled except in the case of an emergency. The manager, upon request of an interested person, shall determine whether an emergency exists and its anticipated duration, and shall determine the conditions under which unseparated county solid waste may be incinerated or landfilled during the emergency. The manager shall maintain a list of all disposal sites that are designated by or pursuant to this chapter and shall provide to haulers and members of the public information concerning disposal site designations.
(Ord. 91-041 § 3; Ord. 96-037; Ord. 96-055)
By action of the county council, the county may acquire, by purchase, lease, contract with private parties, or otherwise, disposal sites (including transfer stations) that are adequate for disposal of some or all of the county solid waste. Disposal sites so acquired shall be consistent with the plan, this chapter, and with all federal, state and local requirements, and, upon such acquisition, shall become part of the system of solid waste handling established in this chapter.
(Ord. 91-041 § 4)
Solid waste disposal sites owned, operated, or controlled in whole or in part by the county shall be available to accept solid waste generated and collected in cities situated within the county and solid waste generated in other counties; provided, that the governing bodies of such jurisdictions enter into or maintain interlocal agreements with the county and comply with the conditions contained therein and herein. Nothing in this chapter shall be construed to modify any existing interlocal agreements between the county and the cities within the county.
(Ord. 91-041 § 5)
A. 
Except for those disposal sites that are exempt under Section 8.15.070, it is unlawful for any person to establish, alter, expand, improve, or hereafter operate or maintain a disposal site in the county for the processing or disposal of county solid waste, or for any person to accept for processing or disposal such county solid waste, unless:
1. 
The disposal site and the means of processing or disposal comply with this chapter, as amended from time to time, with the plan and with any regulations promulgated by the health department;
2. 
The disposal site, and the means of processing or disposal, have been designated pursuant to subsection E or F of Section 8.15.030;
3. 
The operator of the disposal site shall have obtained all permits required by applicable federal, state and local law and said operator shall comply with applicable requirements of all federal, state, and local law;
4. 
A private owner or operator of the disposal site shall have entered into an agreement with the county specifying the rates to be charged by such owner or operator for processing or disposal of county solid waste at such disposal site. The agreements shall include such other terms as the manager deems necessary to protect the public health, safety, welfare, and for other regulatory purposes.
B. 
The manager is hereby authorized and directed to negotiate an agreement with the operator of each private disposal site designated pursuant to this chapter, as amended from time to time, relating, among other things, to the rates to be charged by such operator for the type or types of processing or disposal authorized to be undertaken by such operator at such site, as described in Section 8.15.030E. The manager shall submit each proposed agreement to the county executive for review. The county executive shall submit each agreement to the SWAC for its review and recommendation. Upon approval of the county executive, the county executive shall deliver each agreement so negotiated to the county council for its approval and authorization for execution. The processing and disposal rates established pursuant to such agreements shall be fair, just and reasonable to the public and to the operator of the disposal site. Processing and disposal rates charged for county solid waste shall not exceed rates charged by an operator for similar processing or disposal of any other solid waste, except:
1. 
In the case of rates established by or pursuant to, and during the term of, a binding contract entered into by an operator prior to the effective date of this chapter (extensions to the term of such contract are excluded from this exception); and
2. 
As approved in advance by the county executive from time to time. Each agreement shall include a procedure for periodic adjustment of rates and shall establish criteria for such adjustment and may be based on an audit or cost-benefit analysis to verify justification of rate changes. Rates may be established as a composite or weighted average to be applied to all means of processing or disposal available at the disposal site, based on the projected amount of solid waste to be handled, or separately for each means of processing or disposal.
For purposes of establishing and adjusting rates pursuant to this section, the disposal site operator shall furnish to the manager the following:
1. 
An affidavit that rates charged by the operator for similar processing or disposal of any noncounty solid waste are not less than the rates for county solid waste (except as authorized pursuant to Section 8.15.060B); and
2. 
Information concerning actual and anticipated revenues, expenses, liabilities, debt amortization, equipment purchases and other data pertinent to the establishment of an initial rate and supporting any rate adjustment requested by the operator or provided for in the agreement. In addition, if requested by the manager, the same information pertinent to rates charged by the operator for processing or disposal of noncounty solid waste utilizing the same equipment or facilities that are used for the processing or disposal of county solid waste. If any of the information furnished by the operator to the manager constitutes valuable formulae, designs, drawings, or research data of the operator the disclosure of which would produce private gain and public loss, the operator shall designate each page containing such information as "Confidential Information – Protected from Disclosure Under RCW 42.17.310." Representatives of the county may review such designated information. However, such information shall not be publicly disclosed except pursuant to an order of the superior court or other body of competent jurisdiction.
C. 
An agreement may include such reasonable conditions as are necessary to assure compliance with the plan, with county waste reduction and recycling efforts, and with all applicable laws to protect the public health, safety, and welfare. An agreement may include a covenant on the part of the county to continue the designation of the disposal site for a specified period. Each agreement shall provide that if the subject disposal site fails to comply in any material respect with the applicable requirements of this chapter or if the operator is in material breach of the agreement that the disposal site is subject to loss of designation. The agreement will require the operator of a disposal site to submit a bond or other security to secure performance of any requirement imposed in such agreement. Following the approval by the county council of an agreement with the operator of a disposal site and the execution and delivery of said agreement by the parties thereto, the county executive is authorized, on the recommendation of the manager and without further action of the county council, to execute and deliver an amendment or supplement to such agreement, but solely for purposes of:
1. 
Clarifying an ambiguity therein;
2. 
Correcting a clerical error therein;
3. 
Modifying a provision therein in order to accommodate a change in law; or
4. 
Any other change that does not substantially reduce the benefits or increase the costs to the county of the disposal site operator's covenants therein.
Any amendment or supplement to any such agreement that has the effect of substantially reducing the benefits or increasing the costs to the county of the operator's covenants therein follow the same review and approval process as for executing an original agreement. All capital investment and equipment modification or expansion to facilities that will affect the cost to the county must be reviewed and approved by the manager and county council.
D. 
The fee set forth in subsection A4 of this section is imposed for the purpose of paying a part of the costs of the county's solid waste planning, administration, education, and management responsibilities, and shall be in addition to the permit fee imposed by the health department pursuant to RCW 70.95.180. The fee shall be payable by the operator of the disposal site on the last day of each month, based on the total tonnage of solid waste processed or disposed of at the disposal site in the preceding calendar month. If the fee specified in this chapter is changed, the new fee shall become applicable as of the date that the health department permit is next renewed. In the case of any solid waste that is transferred from one disposal site to another, the fee shall apply only at the first disposal site.
E. 
The manager shall require the operator of a disposal site to furnish evidence from time to time of such disposal site's compliance with all applicable federal, state, and local laws.
F. 
The manager shall report annually to the county council whether the operator of each designated disposal site is in compliance with the requirements of this chapter.
(Ord. 91-041 § 6; Ord. 96-037; Ord. 97-041 Exh. B)
A. 
The following solid waste processing and/or disposal activities and any disposal site related thereto are hereby exempted from coverage and/or designation under this chapter:
1. 
Wrecking automobiles and parts thereof and related storage and handling facilities for which current and valid permits have been issued by all governmental entities with jurisdiction over such activities;
2. 
Depositing, pursuant to any required permit that is current and valid, less than 2,000 cubic yards of soil, rock, tree stumps, gravel, broken concrete, broken asphalt, 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;
3. 
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, as long as depositing such waste does not create a nuisance and does not otherwise violate the law;
4. 
Depositing sewage or sewage sludge onto or under the surface of the ground at a disposal site for which current and valid permits have been issued by all governmental entities with jurisdiction over such activities;
5. 
Depositing hazardous waste onto or under the surface of the ground at a disposal site for which current and valid permits have been issued by all governmental entities with jurisdiction over such activities;
6. 
Depositing solid waste by an industrial solid waste generator into its own private landfill which is accessory to the industry, is not open to haulers or the public, which has current and valid permits issued by all governmental entities with jurisdiction over such activities, and which is included in the plan. At the time of adopting the ordinance codified in this chapter, private landfills exist for Georgia Pacific, ARCO, BP Oil and Intalco and are included in the plan. Other private landfills may be included but only after the site has been issued permit by a local, state or federal agency and any necessary modification to the plan has been made;
7. 
The incineration by Olivine Corporation, at its existing 928 Thomas Road facility, of separated waste transferred from the Recomp facility, so long as such Olivine facility is in possession of current and valid permits pertaining to such incineration from all governmental entities with jurisdiction;
8. 
Facilities that accept and market source-separated recyclable materials including drop-off and buy-back recycling centers, contract recycling services and associated processing facilities;
9. 
Composting of yard waste at facilities that accept and market source-separated yard waste materials;
10. 
Processing wood waste at facilities that accept and market source-separated wood waste materials;
11. 
Processing and disposal of construction and demolition waste;
12. 
On-site composting of materials generated on-site;
13. 
Handling and marketing of source separated recyclable materials pursuant to Ordinance 90-95 (codified as Chapter 8.10 of this title);
14. 
Delivery of source separated recyclable materials by persons generating such materials to appropriate facilities and the processing and recycling of such materials by such facilities;
15. 
Activities at moderate risk waste facilities which operate under valid permits and comply with the latest versions of both the county's "Hazardous Waste Management Plan" and the city of Bellingham's "Moderate Risk Waste Management Plan."
B. 
The activities and related solid waste disposal sites listed in subsection A of this section must be established, maintained, managed, and operated in compliance with all other requirements of local, state, and federal health laws. The exception created in this chapter for such activities and disposal sites shall have no effect on the requirements of other laws applicable to such activities and sites.
(Ord. 91-041 § 7; Ord. 96-037)
A. 
Applications for designation of disposal sites not designated in Section 8.15.030E shall be on forms prescribed by the manager and shall contain a description of the proposed and existing facilities and operations at the disposal site; plans and specifications for any new or additional facilities to be constructed; the capacity and the projected percentage use of each means of processing or disposal to be used at the disposal site; proposed disposal rates; copies of any information supplied to the health department or other regulatory bodies related to permitting; and such other information as the manager may deem necessary.
B. 
Upon receipt of an application for designation of a disposal site, the manager shall transmit one copy of the application to the health department.
C. 
Within 90 days of receipt of the application, the manager shall complete an investigation of such application as may be necessary to determine whether the proposed disposal site complies with the plan and this chapter and whether designation would promote the public interest. Upon completion of the investigation, the manager shall submit the application, together with the county executive's recommendation as to whether the disposal site should be designated by the council, first, to the SWAC for its recommendation, and then to the county council for action.
D. 
If the county council designates the new disposal site, an agreement shall be negotiated and executed as provided in Section 8.15.060B.
E. 
When the manager finds that a disposal site should be reviewed pursuant to Section 8.15.060E, the manager shall submit such finding to the health department.
(Ord. 91-041 § 8)
A. 
In the event that the operator of any designated disposal site substantially fails to comply with the provisions of this chapter, other applicable laws, conditions imposed in conjunction with the issuance of any permit, or its agreement with the county, executed pursuant to Section 8.15.060B, the manager may suspend or revoke the designated site status of such facility upon 30 days' notice.
B. 
In the event that the operator of a disposal site, the designation of which has been suspended or revoked by the manager pursuant to subsection A of this section, is aggrieved by such suspension or revocation, the operator may appeal such action to the Whatcom County hearing examiner under the same procedures as described in Section 24.06.060 of this code. Said procedures are incorporated herein by reference as if fully set forth, and any reference to the health department in Section 24.06.060 will be substituted with manager.
(Ord. 91-041 § 9)
Any designated disposal site which is abandoned by the owner or operator thereof shall be closed by such owner or operator in compliance with the then applicable law of the county, state of Washington, and the United States of America.
(Ord. 91-041 § 10)
It is unlawful for any person to dump or deposit or permit the dumping or depositing of any solid waste onto or under the ground or into any waters within the county (other than as exempted under Section 8.15.070) except at a disposal site designated in Section 8.15.030E, as amended from time to time, in accordance with the priorities set forth in said Section 8.15.030G; provided that nothing herein shall prohibit a person from dumping or depositing solid waste resulting from his own activities onto or under the surface of ground owned or leased by him when such action does not violate statutes or ordinances, or create a nuisance.
It is unlawful for any person to deliver or deposit any material, article or substance which is not solid waste (for example, hazardous waste) at a disposal site designated pursuant to Section 8.15.030E, as amended from time to time.
(Ord. 91-041 § 11)
A. 
The appropriate officers and employees of the county are authorized to take all lawful actions reasonably available to enforce in a timely manner the provisions of Sections 8.15.030D, 8.15.060A, 8.15.110 and this section against any person violating the provisions of those sections, including but not limited to: (1) bringing a civil and/or criminal action against that person and providing testimony and cooperation in the prosecution of that action; (2) barring that person from use of a disposal site; (3) requesting that the Washington Utilities and Transportation Commission under RCW 81.77.120 revoke that person's certificate to collect or transport solid waste or recyclable material; (4) seeking equitable relief against that person; and (5) any other legal remedy.
B. 
To the extent permitted by applicable law and in addition to the penalties and remedies provided herein, violation of the provisions of this chapter shall also be grounds for revocation of licenses and permits, equitable relief, or such other remedies or actions necessary to carry out the purpose of this chapter.
(Ord. 91-041 § 12)
Any person that violates or refuses to or fails to comply with any of the provisions of this chapter or who files or supplies any false, incomplete, or inaccurate information in conjunction with any application 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 of continuing violation or noncompliance shall be deemed a separate offense. Nothing contained in this section shall be construed to exempt offender from any other suit, prosecution, or penalty provided in another section of the county code or as otherwise provided by law.
(Ord. 91-041 § 13)
Any disposal site hereafter established, altered, expanded, improved, operated, or maintained in violation of any of the provisions of this chapter shall be and the same is declared to be unlawful and a public nuisance. The violation by any person of Sections 8.15.030D, 8.15.060A, 8.15.110 or 8.15.120 is declared to be a public nuisance. The prosecuting attorney, at the direction of the county council, may take such steps or commence such legal or equitable actions as are necessary to abate such nuisances and to restrain and enjoin further unlawful acts. This section shall not limit or restrict any other power or authority authorized by law.
(Ord. 91-041 § 14)
If any section, subsection, sentence, 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 portions.
(Ord. 91-041 § 16)