Pursuant to RCW 70.95.160 and WAC 173-304-010, the following regulations are adopted to establish standards for compost quality in order to avoid unwarranted health risks and to protect Whatcom County's soils, ground and surface waters from contamination and pollution.
(Ord. 95-060)
These regulations apply to all composted material resulting from composting as defined in these regulations; the following composted materials are excluded from regulation:
A. 
Any compost derived solely from materials such but not limited to as wood wastes; source separated yard and garden wastes; agricultural crop residues; manures from herbivorous animals; source separated meat-free preconsumer food wastes or other source separated specialty wastes or any combination thereof that the health department considers to be relatively low in hazardous substances, human pathogens and physical contaminants; and
B. 
Composted materials produced and utilized solely on the generator's own property, such as, but not limited to, residential composting of prunings, animal manures, grass clippings, fruit and vegetable scraps; and
C. 
Farm composting of vegetative waste and animal manures; and
D. 
Any compost derived from municipal sewage sludge that is sold or distributed in prepackaged bags of four cubic feet (113 liters) or less.
(Ord. 95-060)
A. 
"Batch"
means a specified quantity of compost that is produced by a facility during a specified time period that is defined in a health department approved sampling and analysis plan.
B. 
"Compost"
means a product of composting which is used, sold for use or provided at no charge as a soil amendment, mulch, ground cover, growing medium, landscaping material, or for some other application to land, which is derived from the biological or mechanical conversion of organic materials.
C. 
"Composting"
means the controlled biological decomposition of organic materials, substances, or objects.
D. 
"Dangerous waste"
means those solid wastes designated in WAC 173-303-070 through 173-303-103, in Washington's Dangerous Waste Rule, and includes hazardous wastes regulated under EPA's 40 CFR Part 261 rule.
E. 
"Department"
means the Whatcom County health department.
F. 
"Facility"
means all contiguous land (including buffer zones) and structures, other appurtenances, and improvements on the land used for solid waste handling.
G. 
"Health officer",
as used in this chapter, means the local health officer as that term is used in Chapter 70.05 RCW, or the health officer's authorized representative.
H. 
"Industrial solid wastes"
means waste byproducts from manufacturing operations such as scraps, trimmings, packing, and other discarded materials not otherwise designated as dangerous waste under Chapter 173-303 WAC.
I. 
"Manufactured inerts"
means wastes such as glass, plastic, metals, ceramics and other manufactured items that remain unchanged during composting.
J. 
"Municipal sewage sludge"
means sewage sludge generated from a publicly owned treatment works.
K. 
"Municipal solid waste (MSW)"
means mixed, unseparated municipal solid waste from residential, commercial, institutional, and industrial sources.
L. 
"Pathogen"
means an organism, chiefly a microorganism, including viruses, bacteria, fungi, and all forms of human or animal parasites and protozoa, which will produce an infection or disease in a susceptible human host.
M. 
"Person",
as used in this chapter, means any natural person, organization, corporation or partnership and their agents or assigns.
N. 
"Post-consumer food waste"
is food waste which has been handled by consumers (e.g., plate scrapings from restaurants).
O. 
"Preconsumer food waste"
is food waste which has not been handled by consumers (e.g., trimmings from grocery stores, food preparation from bakeries and restaurants).
P. 
"Producer"
means any entity which owns and/or operates a composting facility.
Q. 
"Public or common nuisance"
means that which is set up, maintained or continued so as to be injurious to the health, or an obstruction to the use of property by interfering with repose, health, safety or life of any considerable number of persons. For the purposes of these regulations a public nuisance shall include odors.
R. 
"Septage"
means a semisolid consisting of settled sewage solids combined with varying amounts of water and dissolved materials generated from a septic tank system.
S. 
"Sewage sludge"
means a semisolid substance consisting of settled sewage solids combined with varying amounts of water and dissolved material generated from wastewater treatment plants.
T. 
"Sharps"
means hypodermic needles, sewing needles, and straight pins. Sharps do not include wood slivers.
U. 
"Solid wastes"
means all putrescible and nonputrescible solid and semisolid wastes, including but not limited to garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, demolition and construction wastes, abandoned vehicles or parts thereof, discarded commodities, and recyclable materials. This includes all liquid, solid, and semisolid materials which are not the primary products of public, private, industrial, commercial, mining and agricultural operations. Solid waste includes but is not limited to sludge from wastewater treatment plants and septage from septic tanks, wood waste, dangerous waste and problem wastes.
V. 
"Source separation"
means the separation of different kinds of solid waste at the place where the waste originates.
W. 
"Source separated specialty wastes"
means organic wastes which are source separated, consistent, and homogenous in terms of physical and chemical properties, and which the health department considers to be relatively low in hazardous substances and human pathogens; for example, food waste resulting from food processing. Waste from pulp and paper processing would not qualify for this category.
X. 
"Vector attraction"
is the characteristic of compost that attracts rodents, flies, mosquitoes, or other organisms capable of transporting infectious agents.
Y. 
"Wood waste"
means solid waste consisting of wood pieces or particles generated as a byproduct or waste from the manufacturing of wood products, and from the handling and storage of raw materials, trees and stumps. This includes but is not limited to untreated manufacturing wood, used wooden pallets and crates, post-consumer wood wastes, sawdust, chips, shavings, bark, hog fuel, and log sort yard waste, but does not include wood pieces or particles containing chemical preservatives such as creosote, pentachlorophenol, or copper-chrome-arsenate. For the purposes of these regulations, no treated, coated, or painted wood of any kind should be considered wood waste.
Z. 
"Yard debris"
means vegetative matter resulting from landscaping maintenance or land clearing operations and includes materials such as tree and shrub trimmings, grass clippings, weeds, trees and tree stumps.
(Ord. 95-060)
Except as provided in WCC § 24.09.020, no regulated composted material may be sold, distributed or used in Whatcom County before it is inspected and approved by the Whatcom County health department ("department") as provided in WCC § 24.09.050.
(Ord. 95-060)
Any producer of regulated compost which makes such compost available for sale or use in Whatcom County shall apply for compost registration from the department. The department shall issue or renew such registration if it finds upon inspection and review of records and testing results that such compost meets the standards of WCC § 24.09.100. The compost registration will be valid for one year except for registration of a compost derived from municipal sewage sludge. Compost registration for compost derived from municipal sewage sludge shall be valid for a term equivalent to the term of the permit issued to the treatment works treating domestic sewage under 40 CFR Part 503 or Chapter 173-308 WAC. Producers must apply for registration renewal 60 days prior to registration expiration.
Registration is not required for compost excluded from regulation in WCC § 24.09.020, however, a producer of an exempted compost product may voluntarily apply for compost registration from the department. The department shall issue or renew registration if the compost is sampled in accordance with guidelines set by the health department and the compost meets the standards of WCC § 24.09.100.
(Ord. 95-060)
Any producer selling or making regulated compost available for use in Whatcom County on the effective date of these regulations must apply for registration within 60 days of the effective date of these regulations. Any producer who files their first application for registration within 60 days of the effective date of these regulations may request temporary authority to make compost available for sale during the baseline testing period. The department may grant such authority if it is satisfied such authorization will not compromise public health requirements or the environment.
A. 
Any producer first introducing compost into Whatcom County after the effective date of these regulations must apply for registration and receive approval for distribution from the health department prior to sale or distribution in Whatcom County.
B. 
Application for registration shall be on forms provided by the health department. The application will include the following:
1. 
A detailed facility description or a plan of operation;
2. 
A feedstock description and general description of feedstock sources;
3. 
Annual compost production quantities;
4. 
Copies of permits from other local health jurisdictions;
5. 
A sampling and analysis plan required by WCC § 24.09.100;
6. 
Available analytical data on each type of compost product produced;
7. 
Typical product end uses;
8. 
A proposed list of Whatcom County distributors;
9. 
Types of materials used for blending with finished compost product;
10. 
Anticipated compost grade (Grade AA or Grade A) as described in WCC § 24.09.100.
C. 
Except as otherwise provided in this subsection, the requirements for producers of a compost product derived from municipal sewage sludge composted with Type 1 feedstocks shall not exceed those imposed by the USEPA under 40 CFR Part 503 and applicable Washington State law.
1. 
A compost derived from municipal sewage sludge composted with Type 1 feedstocks shall be registered by the department; provided, that the producer:
a. 
Demonstrates appropriate sampling and analysis procedures as required by 40 CFR 503.8; and
b. 
Within 15 days of the date prepared, files with the department a copy of all test results, reports, and/or certifications required by state or federal law or regulation to demonstrate compliance with the following:
i. 
Pollutant limits meeting 40 CFR 503.13(b)(3);
ii. 
Class A pathogen reduction in 40 CFR 503.32(a); and
iii. 
Vector attraction reduction utilizing one of the methods described in 40 CFR 503.33(b)(1 – 8).
2. 
If municipal sewage sludge is composted with any other feedstock type, the producer shall, in addition to the foregoing, meet any additional testing and reporting requirements for that feedstock.
D. 
Compost facilities permitted as solid waste handling facilities by the Whatcom County health department need not apply separately for compost registration. Registration will be included as part of the solid waste handling facility permitting process.
E. 
The health department will determine feedstock type and testing requirements within 60 days of receipt of a complete compost registration application.
F. 
Once the producer has been notified of feedstock type designation and testing requirements, the producer must initiate baseline testing within 60 days of notification. If baseline testing is not initiated within 60 days, the registration application will be considered incomplete and the producer must reapply.
G. 
The compost product will not be registered by the health department until the baseline testing period has been satisfactorily completed in accordance with WCC § 24.09.110.
(Ord. 95-060)
The department may assess and collect an annual fee to cover costs associated with registration of compost sold or made available for use in Whatcom County.
(Ord. 95-060)
The department shall apply standards, without limitation, which shall demonstrate that the compost: (1) will not "contaminate" as defined in WAC 173-304-100(16) if discharged into ground water; (2) is not a "dangerous waste" as defined by Chapter 173-303 WAC; and (3) will not have an adverse impact on public health, on soil, surface water or ground water. The department will adopt testing schedules and protocols as required to determine the health risk of the compost and to assure such materials meet standards contained herein.
(Ord. 95-060)
A. 
For the purposes of determining exemptions, testing parameters and testing frequency, the health department will classify compost based upon feedstock as one of the following types:
1. 
Type 1 materials such as but not limited to wood wastes; source separated yard and garden wastes; agricultural crop residues; manures from herbivorous animals; source separated meat-free preconsumer food wastes or other source separated specialty wastes or any combination thereof that the health department considers to be relatively low in hazardous substances, human pathogens and physical contaminants.
2. 
Type 2 materials such as but not limited to sewage sludge; septage; meat; source separated preconsumer food waste which contains meat and source separated post-consumer food wastes or other similar source separated specialty wastes or any combination thereof (or in combination with wastes from Type 1) that the health department considers to be relatively low in hazardous substances and physical contaminants, but are likely to have high levels of human pathogens.
3. 
Type 3 materials such as but not limited to mixed municipal solid wastes; post collection separated or processed solid wastes; industrial solid wastes; industrial biological treatment sludges or other similar compostable organic wastes or any combination thereof (or any combination with Types 1 or 2) that the health department considers to have relatively high levels of hazardous substances, human pathogens and/or physical contaminants.
B. 
The health department may require producers composting feedstock not listed or identified in the three feedstock types to submit specific feedstock testing data for evaluation. The health department may require that feedstocks are tested if it is suspected that the substances listed in WCC § 24.09.090(C), are present in the feedstocks.
C. 
The following may not be used as, or added to, a feedstock:
1. 
Any regulated hazardous or dangerous wastes as defined under Chapter 173-303 WAC;
2. 
Soils contaminated with petroleum.
(Ord. 95-060)
A. 
These regulations establish two grades of compost (Grade A and Grade AA) for utilization and distribution in Whatcom County. Allowable contaminant levels (ACLs) for each of these grades are listed in Table 1.
B. 
A compost product will be classified as Grade A or AA provided that all samples tested in accordance with the requirements of WCC § 24.09.110 through § 24.09.130 are below the ACL for all parameters for that grade listed in Table 1.
C. 
In addition to meeting the ACLs listed in Table 1, prior to distribution or use, compost must not have public nuisance potential and must not have vector attraction potential.
D. 
A compost product which is tested periodically in accordance with Tables 3 and/or 5 will be registered as either Grade A or AA. Grade AA periodically tested compost that exceeds the ACLs will be reclassified as Grade A compost in accordance with WCC § 24.09.130(C). A compost product that is batch-tested in accordance with WCC § 24.09.110(D)(2) and § 24.09.120(C)(2) will be classified as A or AA on a batch-by-batch basis after the health department has reviewed the batch testing analytical data (see WCC § 24.09.140(F)).
E. 
The distributor of compost products must provide the following information at the time of wholesale or retail sale or distribution:
1. 
Grade AA Compost.
a. 
The statement "Whatcom County Grade AA Compost – meets Grade AA contaminant standards".
b. 
The statement "We recommend that Grade AA Compost be applied at a rate not to exceed 3 inches per year and 10 applications. Applications to sites greater than 1/2 acre in size at rates exceeding this recommendation require Health Department approval." Any equivalent application rate language may be substituted (e.g., lbs/acre), as is appropriate for the anticipated end use. The units used should reflect the audience of the intended market. An alternate application rate may be recommended with health department approval if the producer provides bulk density data to support the alternate application rate.
c. 
A list of all feedstocks present in percentages or weight per dry pound, in order of decreasing dry weight.
d. 
The statement "Recommended for use in home gardens and other areas where there is a likelihood of repeated application."
2. 
Grade A Compost.
a. 
The statement "Whatcom County Grade A Compost – meets Grade A contaminant standards".
b. 
The statement "We recommend that Grade A compost be applied at a rate not to exceed 3 inches per year and 5 applications. Applications to sites greater than 1/2 acre in size at rates exceeding this recommendation require Health Department approval." Any equivalent application rate language may be substituted, (e.g., lbs/acre) as is appropriate for the anticipated end use. The units used should reflect the audience of the intended market. An alternate application rate may be recommended with health department approval if the producer provides bulk density data to support the alternate application rate.
c. 
A list of all feedstocks present in percentages or weight per dry pound, in order of decreasing dry weight.
d. 
The statement "Recommended for topsoil blends, landscaping, ornamental and silvicultural purposes, sod farms, and similar applications. Not recommended for home gardens or situations where incidental contact by children could result in direct ingestion through normal hand-to-mouth activities."
(Ord. 95-060)
A. 
The initial year of testing is the baseline testing period which is designed to establish the variability of the compost product over time and to provide chemical screening data.
B. 
During the baseline period producers shall test each compost derived from a specific feedstock or combination of feedstocks for the parameters listed in Table 2 according to the feedstock type designation determined by the health department, except that: compost derived from sewage sludge which has undergone secondary treatment shall not be required to test for sharps or % inerts; provided, that the sewage sludge has not been co-composted with MSW or any other feedstock or bulking agent which is likely to contain sharps or inert material. The health department may require additional testing for parameters beyond those listed in Table 2 for feedstocks that the health department determines to be more complex and/or heterogeneous.
C. 
A minimum of one composite sample per sampling event must be collected and analyzed. The health department may require more than one composite sample per sampling event to be collected for feedstocks which the health department determines to be more complex and /or heterogeneous or if the compost product exhibits a high degree of variability.
D. 
During the baseline period, producers shall test each compost derived from a specific feedstock or combination of feedstocks using periodic testing at the frequencies listed in Table 3 based upon the type and quantity of each compost produced, except that:
1. 
The testing frequency for a compost derived from sewage sludge shall be based upon dry metric tons per year of sewage sludge processed as specified in 40 CFR 503.16 rather than compost quantity produced; provided, that sewage sludge has not been co-composted with MSW or any other feedstocks or bulking agents which contain levels of pollutants which exceed levels in the sewage sludge, or
2. 
Producers may petition the health department to utilize a baseline sampling schedule that is based on batch testing, rather than periodic testing at the frequency detailed in Table 3; provided, that the annual number of samples proposed equals or exceeds the annual number of samples specified in Table 3, that the compost sampled meets the stability standards for reheating, ROM or other stability test approved by the health department, and that the analytical results from each batch have been reviewed and approved by the health department prior to distribution of each batch of compost (see WCC § 24.09.140(F)).
The health department may increase the sampling frequency during the baseline period if a compost product exhibits a high degree of variability.
E. 
A producer may petition the health department to allow distribution of compost during the baseline period; provided, that the following minimum testing, conducted in accordance with an approved sampling plan, has been completed:
1. 
Type 2 compost two sampling events spanning at least two months;
2. 
Type 3 compost six sampling events spanning at least six months;
3. 
Batch testing of any type of compost; provided, that analytical results have been reviewed and approved by the health department on each batch prior to distribution (see WCC § 24.09.140(F)).
If insufficient analytical data exists, if data shows compost to be variable, or the initial baseline testing reveals that the compost does not meet the allowable contaminant levels specified in WCC § 24.09.100 or would compromise public health or the environment then the health department will prohibit distribution during the baseline period.
F. 
The health department may extend the baseline period or may require a new baseline to be established if significant changes in feedstock, operation, or quantity of compost produced occur or if data shows that the compost exhibits a high degree of variability.
(Ord. 95-060)
A. 
Each year following baseline, producers shall test each compost derived from a specific feedstock or combination of feedstocks for the parameters listed in Table 4 according to the feedstock type designation determined by the health department, except that:
1. 
Compost derived from sewage sludge which has undergone secondary treatment shall not be required to test for sharps or % inerts; provided, that the sewage sludge has not been co-composted with MSW or any other feedstock or bulking agent which is likely to contain sharps or inert material.
2. 
For parameters that have been detected in compost for two consecutive years at concentrations no more than 50 percent of the Grade AA ACLs specified in Table 1, analysis is no longer required. If the composting process or feedstocks change, the department must be notified and analysis for these parameters may be reinstated.
The health department may require additional testing beyond that listed in Table 4 for feedstocks that the health department determines to be more complex and/or heterogenous or if the department believes it is warranted after reviewing baseline data.
B. 
A producer may petition the health department to waive testing for certain parameters. The health department will grant the waiver if the producer can demonstrate the following:
1. 
The parameter has not been detected in the compost at significant concentrations during the baseline period; and
2. 
The parameter is not likely to be of concern based upon feedstock types and sources.
C. 
Each year, producers shall test each compost derived from a specific feedstock or combination of feedstocks utilizing periodic testing at the frequencies listed in Table 5 based on the type and quantity of compost produced, except that:
1. 
The testing frequency for a compost derived from sewage sludge shall be based upon dry metric tons per year of sewage sludge processed as specified in 40 CFR 503.16 rather than compost quantity produced; provided, that sewage sludge has not been co-composted with MSW or any other feedstocks or bulking agents which contain levels of pollutants which exceed levels in the sewage sludge; or
2. 
Producers may petition the health department to utilize an annual sampling schedule that is based on batch testing, rather than periodic testing, at the frequency detailed in Table 5; provided, that the annual number of samples proposed equals or exceeds the annual number of samples specified in Table 5, that the compost sampled meets the stability standards for reheating, ROM or other stability test approved by the health department, and that the analytical results from each batch have been reviewed and approved by the health department prior to distribution of each batch of compost (see WCC § 24.09.140(F)).
D. 
A minimum of one composite sample per sampling event must be collected and analyzed. The health department may require more than one composite sample per sampling event to be collected for feedstocks which the health department determines to be more complex and/or heterogeneous or if the compost product exhibits a high degree of variability.
E. 
A producer may petition the health department to distribute compost prior to meeting the stability standards for reheating, ROM or other stability standard approved by the health department if baseline testing has demonstrated that compost product meeting the stability standards consistently meets the ACLs and distribution would not cause a public nuisance.
F. 
A producer may petition the health department to decrease testing frequencies if the producer constructs upper confidence limits at the .05 level of significance and demonstrates that the upper confidence limits fall below the ACLs. Discrete sampling data must be used to construct the confidence limits.
1. 
The sampling frequency will revert to that specified in Table 5 if an ACL is exceeded by a facility which has been granted a reduced testing frequency and the provisions of WCC § 24.09.130 shall also apply.
2. 
The health department may require a facility to reconstruct the confidence limits if feedstocks or process changes have occurred or if the composite sampling data indicates increased variability.
(Ord. 95-060)
A. 
If a sample collected in accordance with WCC § 24.09.110 or § 24.09.120 exceeds an ACL, the producer will resample for the parameter or parameters which exceeded the ACL to verify the initial sampling result. The number of samples required during confirmation sampling will be specified by the health department. All samples collected will be composite samples. Prior to resampling the producer may request the laboratory to re-analyze the initial sample to confirm the result. If the re-analysis demonstrates that the ACL exceedance was a laboratory error, resampling will not be required.
B. 
If all samples collected during the confirmation sampling are below the ACL the producer may continue to distribute the compost. However, the health department will require increased sampling frequency for one year for the parameter or parameters which exceeded the ACL.
C. 
If any of the samples collected during the confirmation sampling exceed the ACL, the health department will:
1. 
Reclassify the compost as a lower grade if it meets the ACL for the lower grade; or
2. 
Suspend registration of the compost and prohibit distribution until the producer can demonstrate to the health department that the compost meets the ACLs specified in these regulations.
D. 
The health department will re-register a compost if monthly sampling during a one-year period for the parameter or parameters of concern demonstrates that the product consistently meets the ACLs.
E. 
The health department may shorten the one-year sampling period if the producer can demonstrate with sufficient data that operational changes (i.e., feedstock change) have resulted in a higher quality compost product which meets the ACLs.
(Ord. 95-060)
A. 
Prior to any sampling and analysis required by WCC § 24.09.110 through § 24.09.130, a producer must submit a sampling and analysis plan to the health department for approval. A revised sampling and analysis plan must be submitted to the health department for review and approval if a producer wishes to change from the testing frequencies specified in Tables 3 and 5 to batch testing, or vice versa.
B. 
At a minimum, the sampling and analysis plan must contain the following information:
1. 
Description of Sampling Procedure:
Sampling Frequency/Schedule
Number of Samples
Sampling Equipment
Location and Depth of Sample Collection
Include Diagram
Procedures for Composting Samples
Equipment Decontamination
2. 
Sample Management:
Field Log
Packaging and Labeling
Chain of Custody
Sample Shipment
3. 
Laboratory Analysis:
Laboratory Certification
Analytical Methods Used (including sample preparation)
Detection Limits
C. 
All sampling and analysis must be performed in accordance with the approved sampling and analysis plan.
D. 
Samples must be representative of the product being sampled. If composite sampling is to be used, each composite sample shall be composed of 7 to 10 aliquots collected from different locations and depths in the pile(s).
E. 
All sampling and analysis, with the exception of pathogen testing, must be performed on a compost product which meets the stability standards for reheating, reduction of organic matter or other stability test approved by the health department prior to blending with other materials. Stability of unblended compost must be demonstrated in the following manner:
1. 
The producer must perform either the reheating test or the reduction of organic matter test described below and provide these results to the health department. The results of these tests must meet the standards specified in Table 1 of these regulations.
Reheating Test
Re-pile compost into a pile at least six feet in diameter and four feet high. Provide aeration to this pile or mix the pile thoroughly by turning several times prior to building. Moisture content of the material in this pile must be between 40 to 60 percent in order for this test to be valid. Three days after the pile has been formed, the temperature of the compost should be measured at a point about two feet into the pile. This temperature should be compared to the ambient temperature and should be no greater than 20 degrees C. (36 degrees F.) above the ambient temperature.
Reduction of Organic Matter
Using Standard Methods Test SM18 2540 E, test the material for the percent volatile solids (VS) prior to composting and then again after composting is complete. Careful sampling is critical to the validity of this test. Initial samples should be taken immediately after feedstock materials are formed into compost piles, or before feedstock is fed into the composting vessel. Final samples should be taken before screening to include all particle sizes in the sample. Calculate the percent reduction of organic matter using % volatile solids (VS) test results and the following formula, where "OM" means organic matter (assumed to be equal to volatile solids), "Ash" means the weight of residue left after ignition of sample, "i" means initial, and "f" means final:
Percent Reduction =
1 - [(% Ash i / % Ash f * OM f)] * 100
% OM i
A percent reduction of 50 to 55 percent by weight must be achieved.
F. 
When conducting batch testing, analytical data from a batch of compost meeting the stability standards must be submitted to the health department within 10 working days of receipt of the data from the laboratory. Prior to distribution of this batch of compost, the health department must review the data, and within 10 working days of receipt of the data must provide written notice to the producer of the classification of this batch of compost.
G. 
Except as specified herein, all testing parameters required by WCC § 24.09.110 through § 24.09.130 must be analyzed in accordance with the methods specified in the Washington State Department of Ecology Interim Guidelines for Compost Quality. The producer may petition the health department to approve utilization of alternate test methods for stability or any other parameter. The health department will approve such methodologies if it is demonstrated that they are equivalent, effective and appropriate measures of the required testing parameters.
H. 
The health department may require additional demonstration of stability if an evaluation of the compost product and the required stability testing results indicate that the compost may not meet the stability standards.
I. 
Sampling and analysis for pathogen reduction must take place at the point of sale or distribution.
J. 
Compost must be monitored for temperature to demonstrate compliance with the pathogen reduction standards.
K. 
Compost may not be diluted with other materials in order to meet the ACLs or bypass these standards unless the product is returned to the start of the composting process as defined in the facility plan of operation. After reprocessing, testing must be repeated in accordance with the applicable requirements of WCC § 24.09.110 through § 24.09.130.
(Ord. 95-060)
A. 
The following records must be maintained by the producer:
1. 
Feedstock sources;
2. 
Temperature records which demonstrate compliance with the pathogen reduction standards;
3. 
Field log associated with sampling;
4. 
Analytical data required by WCC § 24.09.110 through § 24.09.130;
5. 
Quantities of each type of compost distributed;
6. 
Blending and distribution records.
B. 
All analytical data required by WCC § 24.09.110 through § 24.09.130 must be submitted to the health department by the producer within 15 days of receipt from the laboratory.
(Ord. 95-060)
A. 
When it is determined by the health department that analytical results and/or compost physical characteristics indicate that a composted material does not meet the ACLs, the health department will send notification to the producer that the compost registration has been reduced to a lower grade, denied or revoked. Notification procedures will be in accordance with those specified in WCC § 24.07.100.
B. 
A producer may reapply for registration by providing information concerning feedstock or operational changes which have been instituted to improve compost quality along with analytical data specified in WCC § 24.09.130 which demonstrates that the product now meets the ACLs.
C. 
Compost products which do not meet the Grade A ACLs will be considered a solid waste and may not be used in Whatcom County until such time as regulations for land application of restricted use compost products are developed. Additionally, until regulations for land application of restricted use compost are developed, disposal in Whatcom County of compost products which do not meet the Grade A ACLs shall be only at permitted solid waste disposal facilities. Such compost may be approved for use as daily cover at landfills which are constructed in accordance with Chapter 173-351 WAC.
(Ord. 95-060)
A. 
The producer shall permit the health department to enter and inspect the compost facility at any reasonable time for the purpose of determining compliance with these regulations. A copy of the inspection report will be provided to the producer.
B. 
The producer shall permit the health department to collect verification samples of compost in accordance with the approved sampling and analysis plan. The producer will be given the opportunity to obtain split samples. Sampling results will be provided to the producer.
(Ord. 95-060)
A. 
Any person who produces, sells, uses, or makes available for use an unregistered regulated composted material which has not been approved for distribution in Whatcom County or who applies registered material at rates exceeding those specified in WCC § 24.09.100(E) without health department approval, may be subject to civil penalties of up to $10,000 for Type 2 compost and up to $20,000 for Type 3 compost, and may, upon finding of a public nuisance created by such application, be required to abate the same.
B. 
The Whatcom County health officer, upon reasonable findings that composted materials do not meet the standard contained herein and present a health risk, may seek an injunction to prevent their distribution and use in Whatcom County.
(Ord. 95-060)
Any person aggrieved by an administrative decision made pursuant to these regulations may file an appeal. Appeals shall be filed and carried out in the manner described in WCC § 24.06.060.
(Ord. 95-060)
Should any section, subsection, paragraph, sentence, clause or phrase of this regulation be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this regulation.
Table 1
Allowable Contaminant Levels (ACLs) by Compost Grade1
Testing Parameter
Grade AA
Grade A
Physical
% Manufactured Inerts
< 1%
< 1%
Sharps
None
None
Stability – Reheating
< 20 degrees C above ambient
Stability – Reduction of Organic Matter
50 – 55%
50 – 55%
Chemical
pH
5.5 – 8.0
5.5 – 8.0
Arsenic
20
20
Cadmium
10
39
Chromium
600
1,200
Copper
750
1,500
Lead
150
300
Mercury
8
17
Molybdenum
9
18
Nickel
210
420
Selenium
18
36
Zinc
1,400
2,800
Total Petroleum Hydrocarbons2
< 5, < 25, < 60
< 5, < 25, < 60
Chlordane
0.3
0.3
Pentachlorophenol
0.5
0.5
PCBs
1.0
1.0
Biological
40 CFR 503 Class A Standards
3
3
Notes:
1All values in ppm unless otherwise noted.
2< 5 ppm for gasoline, < 25 ppm for diesel, < 60 ppm for heavier hydrocarbons.
3One of the three Class A alternatives detailed in 40 CFR Part 503, Subpart D must be met.
Table 2
Baseline Testing Parameters by Feedstock Type
Testing Parameter
Type 2
Type 3
Physical
% Manufactured Inerts
X1
X
Sharps
X1
X
Stability
X
X
Chemical
pH
X
X
Ammonia
X
X
Arsenic
X
X
Cadmium
X
X
Chromium
X
X
Copper
X
X
Lead
X
X
Mercury
X
X
Molybdenum
X
X
Nickel
X
X
Nitrate
X
X
Organic Nitrogen
X
X
Selenium
X
X
Zinc
X
X
Total Petroleum Hydrocarbons
2
X
Pentachlorophenol
3
X
Chlorinated Pesticides (SW 846 Method 8080)
X
Organophosphorus Pesticides (SW 846 Method 8141)
X
Chlorophenoxy Herbicides (SW 846 Method 8150)
X
PCBs (SW 846 Method 8080)
X
Volatile Organics (SW 846 Method 8240)
X
Semivolatile Organics (SW 846 Method 8270)
X
Total Organic Carbon
X
X
Biological
40 CFR 503 Class A Standards4
X
X
Notes:
1 Required only as specified in WCC § 24.09.110(B).
2 Required only if soil that is likely to be contaminated with petroleum hydrocarbons is incorporated as a feedstock or is mixed with a finished compost product.
3 Required if feedstock includes lumber or other potential sources of treated wood.
4 Fecal coliform must be conducted according to the Department of Ecology Guidelines, as amended.
Table 3
Baseline Testing Frequency by Feedstock Type and Size
Quantity Produced (MTPY, dry)
Type 21
Type 3
0 – 290
Semiannually
Bimonthly
290 – 1,500
Quarterly
Bimonthly
1,500 – 15,000
Bimonthly
Monthly
> 15,000
Monthly
Monthly
Notes:
1 An exception to this frequency schedule is discusses in WCC § 24.09.110(D).
Table 4
Annual Testing Parameters by Feedstock Type
Testing Parameter
Type 2
Type 3
Physical
% Manufactured Inerts
X1
X
Sharps
X1
X
Stability
X
X
Chemical
pH
X
X
Ammonia
X
X
Arsenic
X
X
Cadmium
X
X
Chromium
X
X
Copper
X
X
Lead
X
X
Mercury
X
X
Molybdenum
X
X
Nickel
X
X
Nitrate
X
X
Organic Nitrogen
X
X
Selenium
X
X
Zinc
X
X
Total Petroleum Hydrocarbons
X2
X
Pentachlorophenol
X3
X
Chlorinated Pesticides (SW 846 Method 8080)
X
Organophosphorus Pesticides (SW 846 Method 8141)
X
Chlorophenoxy Herbicides (SW 846 Method 8150)
X
PCBs (SW 846 Method 8080)
X
Volatile Organics (SW 846 Method 8240)
X
Semivolatile Organics (SW 846 Method 8270)
X
Total Organic Carbon
X
X
Biological
40 CFR 503 Class A Standards4
X
X
Notes:
1 Required only as specified in WCC § 24.09.110(A)(1).
2 Required only if soil that is likely to be contaminated with petroleum hydrocarbons is incorporated as a feedstock or is mixed with a finished compost product.
3 Required only if feedstock includes lumber or other potential sources of treated wood.
4 Fecal coliform must be conducted according to the Department of Ecology Guidelines, as amended.
Table 5
Annual Testing Frequency by Feedstock Type and Size
Quantity Produced (MTPY, dry)
Type 21
Type 3
0 – 290
Yearly
Bimonthly
290 – 1,500
Quarterly
Bimonthly
1,500 – 15,000
Bimonthly
Monthly
> 15,000
Monthly
Monthly
Notes:
1 An exception to this frequency schedule is discusses in WCC § 24.09.120(C)(1).
(Ord. 95-060)