[1]
Prior legislation: Res. 167-1981; 113-1972; Ord. 179-1992.
A. 
Definitions. For the purpose of this chapter, the following definitions shall apply in the interpretation and enforcement of this chapter:
"Agricultural waste"
means wastes on farms resulting from the production of agricultural products including but not limited to manures, and carcasses of dead animals weighing each or collectively in excess of 15 pounds.
"Alternate collection point"
means a location other than the customer's residence where a customer or customers agree to place solid waste in containers for pickup by the certificated hauler.
"Bulky waste"
means large items of refuse, such as appliances, furniture, and other oversize wastes which would typically not fit into disposal containers.
"Can"
means a receptacle made of durable, corrosion-resistant, nonabsorbent material that is watertight and has a close-fitting cover and two handles. A can holds more than 20 gallons but not more than 32 gallons. A can may not weigh more than 65 pounds when filled.
"Commingled recycling"
means the collection of recyclable materials separated from garbage but not separated into various recyclable commodities.
"Controlled solid waste"
means all solid waste generated and/or collected within or brought into the unincorporated areas of San Juan County.
"Dangerous waste"
means any solid waste designated as dangerous waste under Chapter 173-303 WAC.
"Disposal"
means the discharge, deposit, injection, dumping, leaking or placing of any solid waste into or on any land or water.
"Disposal site"
means a site or sites approved by the San Juan County council where any final treatment, utilization, processing or deposition of solid waste occurs. This includes, but is not limited to, transfer stations included as part of the County disposal system, sanitary landfills, incinerators, and composting plants.
"Division"
means the solid waste division of San Juan County.
"Garbage service"
means collecting solid waste from residential and commercial activities at regular or irregular intervals consistent with a tariff approved by the Washington Utilities and Transportation Commission.
"Hazardous waste"
means and includes, but is not limited to, explosives, medical wastes, radioactive wastes, pesticides and chemicals which are potentially harmful to the public health or the environment. Unless otherwise defined by the San Juan County board of health, such waste shall have the meaning as defined by the Washington State Department of Ecology and the Washington Administrative Code.
"Health department"
means the San Juan County environmental health division of the health and community services department.
"Inert waste"
means noncombustible, nondangerous solid wastes that are likely to retain their physical and chemical structure under expected conditions of disposal including resistance to biological attack and chemical attack from acidic rainwater.
"Manager"
means the manager of the solid waste division of San Juan County.
"Moderate-risk waste"
means a class of solid waste that covers household hazardous waste and conditionally exempt small quantity generator waste. "Moderate risk" does not mean that the material is moderately hazardous; rather it is generated in small volumes and is therefore not regulated in the same way as larger volume hazardous waste from businesses.
"Person"
means any individual, association, firm, corporation, partnership, political subdivision, municipality or any other entity.
"Plan"
means the Solid Waste and Moderate-Risk Waste Management Plan adopted pursuant to and consistent with Chapter 70.95 RCW by San Juan County.
"Problem wastes"
means soils removed during the cleanup of a remedial action site, or a dangerous waste site closure or other cleanup efforts and actions and which contain harmful substances but are not designated dangerous wastes.
"Reclamation site"
means a location used for the processing or the storage of recycled waste.
"Recyclable materials"
means those solid wastes that are separated for recycling or reuse, such as papers, metals and glass, that are identified as recyclable material pursuant to a local comprehensive solid waste plan.
"Recycling"
means the process of segregating solid waste for sale, processing, and beneficial use. Materials which can be removed through recycling include but are not limited to newsprint, cardboard, aluminum, glass, plastics, and ferrous metal. Recycling does not include combustion of solid waste or preparation of a fuel from solid waste.
"Refusal of service"
means those circumstances when a solid waste collection company may refuse to:
1. 
Pick up materials from points where it is hazardous, unsafe, or dangerous to persons, property, or equipment to operate vehicles due to the conditions of streets, alleys, or roads; or
2. 
Drive onto private property when, in the company's judgment, driveways or roads are improperly constructed or maintained, do not have adequate turnarounds, or have other unsafe conditions; or
3. 
Enter private property to pick up material while an animal considered or feared to be vicious is loose, in which event the customer will be required to confine the animal on pickup days.
"Solid waste" means all putrescible and nonputrescible solid and semisolid wastes, except wastes identified in WAC 173-304-015, including but not limited to garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities. 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 waste water treatment plants and septage from septic tanks, wood waste, dangerous waste, and problem wastes. Unrecovered residues from recycling operations shall be considered solid waste.
"Solid Waste Management Plan" or "the Plan" means the current approved San Juan County Comprehensive Solid Waste and Moderate-Risk Waste Management Plan.
"Transfer station" means a fixed, supplemental collection and transportation facility, used by persons and route collection vehicles to deposit collected solid waste from off site into a larger transfer vehicle for transport to a permanent disposal site.
"Waste hauler" means any person, firm or corporation collecting solid waste for hire or other consideration.
"Wood waste" means a byproduct resulting from the handling and processing of wood, including but not limited to hog fuel, sawdust, shavings, chips, bark, small pieces of wood, stumps, limbs, and any other material composed largely of wood which has no significant commercial value at the time in question, but shall not include slash developed from logging operations unless disposed of on a different site, and does not include wood pieces or particles containing chemical preservatives such as creosote, pentachlorophenol, or copper-chrome-arsenate. Specifically excluded from this definition are products containing wood waste which are intended for home or agricultural use.
B. 
System of Disposal.
1. 
Under the authority provided by RCW 36.58.040, a system is hereby established for disposal of all solid waste generated and/or disposed in unincorporated San Juan County.
2. 
Disposal in San Juan County.
a. 
Except as provided for by subsection (B)(2)(b) of this section or by the terms and conditions of any written agreement to which the County is a party, it is unlawful for any person to dispose of controlled solid waste within San Juan County except at either (i) a County owned and operated solid waste handling facility, (ii) a permitted solid waste handling facility operated pursuant to a contract between operator and the County, or (iii) a permitted solid waste handling facility operated by a solid waste disposal district.
b. 
This section shall not prohibit the storage of solid waste or recyclable materials in public or private receptacles, in solid waste containers or other approved receptacle or in securely tied bundles when the receptacles or bundles are for immediate or approved periodic disposal; nor shall this section prohibit either:
i. 
The use of a compost pile or bin shall not be prohibited if the use and maintenance thereof is in such a manner as to prevent attraction, breeding, harboring, or any combination thereof, of insects and rodents;
ii. 
The application of a waste derived soil amendment that has been approved by the Washington Department of Ecology under RCW 70.95.205;
iii. 
The application of commercial fertilizer that has been registered with the Washington Department of Agriculture as provided in RCW 15.54.325, and that is applied in accordance with the standards established in RCW 15.54.800(3);
iv. 
Any recycling operation if it is operated in accordance with all applicable rules, laws and other permits; and
v. 
Any dumping or depositing of solid waste resulting from a person's own activities onto or under the surface of property owned or leased by such person on any island on which there exists no solid waste handling facility able to receive such solid waste and on which no solid waste collection is available, but only if such solid waste is generated on the property onto or under which is dumped or deposited, and such action does not violate any statute, ordinance, or regulation, and does not create a nuisance.
c. 
It is unlawful for any person to haul solid waste on publicly maintained streets, roads or highways in San Juan County unless the load is secured.
d. 
Nothing in this chapter is intended to preclude the delivery of collected or self-hauled solid waste to any out-of-County solid waste handling facility that is permitted to receive such solid waste.
3. 
Establishment of County Solid Waste Facilities.
a. 
The Lopez Solid Waste Facility, 2419-B Fisherman Bay Road, is established on the following described real estate owned by San Juan County: the north 300 feet of the south 500 feet of the west 400 feet of the NW 1/4 of the NW 1/4 of Section 23, T35N, R2W, W.M.
b. 
The Orcas Solid Waste Facility, 3398 Orcas Road, is established on the following described real estate owned by San Juan County: Lot 5 of Johnstone's Home Tracts, Long Plat #1-46; and the west 1/2 of the SE 1/4 of the SW 1/4 of Section 27, T37N, R2W, W.M., except that portion of said west 1/2 described in Exhibit A to deed from Daniel R. Smith and Berenese R. Smith to San Juan County recorded in Volume 73, page 21.
c. 
The San Juan Island Solid Waste Facility, 212 Sutton Road, is established on the following described real estate owned by the Town of Friday Harbor: SW 1/4 of Section 2, T35N, R3W, W.M. described in Friday Harbor Ordinance No. 422 dated April 11, 1976, together with the adjacent real property owned by San Juan County commonly known as the Sutton Road Parcel, which property is more fully described as a portion of the NW 1/4 of the SW 1/4 and the SW 1/4 of the SW 1/4 of Section 2, T35N, R3W, W.M., San Juan County of San Juan, state of Washington, consisting of 6.84 acres, more or less, and legally described in San Juan County council Resolution No. 47-2003.
C. 
Acquisition of Solid Waste Disposal Sites/Transfer Stations. The County may acquire by purchase, lease, contract with private parties or other necessary means disposal sites which are needed for disposal of solid waste generated and collected in San Juan County. Selection of such disposal sites shall be consistent with the San Juan County Comprehensive Solid Waste Plan and all federal, state, and local requirements, including, but not limited to, comprehensive land use plan and regulations, fire protection, water quality, and air quality. The County may acquire disposal sites on a continuing basis, as is required by the volume of solid waste generated and collected within the County.
(Ord. 17-1996; Ord. 9-2012 § 1; Ord. 11-2012 § 1; Ord. 19-2012 § 2; Ord. 8-2014 §§ 1, 2, 2014; Ord. 15-2018 § 2)
A. 
Use of County Disposal Sites/Transfer Stations.
1. 
Interlocal Operations. Solid waste disposal sites/transfer stations owned or operated by the County or a solid waste disposal district established by the County shall accept solid wastes and recyclable materials generated and collected within the County.
2. 
Individuals and Businesses. Any individual or business may use San Juan County disposal facilities or facilities of a solid waste disposal district designated for individual use or self-hauling, in compliance with any applicable rules and regulations; provided, however, that waste generated or collected outside the County will not be accepted.
3. 
Dangerous and Hazardous Waste. Under no circumstances shall any person deliver to disposal facilities in San Juan County for disposal any waste that is defined as "hazardous waste" per the Federal Resource Conservation and Recovery Act or rules or regulations thereunder, or defined as "extremely hazardous waste" or "dangerous waste" per Chapter 70.105 RCW or regulations thereunder. Moderate-risk wastes will be accepted at designated County facilities.
B. 
Operation of Solid Waste Disposal Sites. The following provisions shall apply to solid waste disposal sites operated in San Juan County. Pursuant to Chapter 70.95 RCW, no disposal site in San Juan County shall be established, altered, expanded, improved, operated or maintained without prior compliance with the following:
1. 
The disposal site, facilities and proposed method of operations shall be consistent with the San Juan County Solid Waste Management Plan.
2. 
The disposal site shall be constructed, operated, and maintained in accordance with terms of a permit issued by the health department and such other permits as are required by law.
3. 
Except for the operation of a Lopez Island solid waste disposal district which, after a transition to the managing board of the Lopez district, shall serve as the operator of solid waste disposal sites located on Lopez Island, the division shall be the oversight or operating authority for all solid waste disposal sites owned or operated by San Juan County. Nothing herein shall prohibit the County by ordinance from contracting with another entity, public or private, to own, construct and/or operate a disposal site, transfer station or facility. The manager shall prepare operating regulations for solid waste disposal sites on Orcas Island and San Juan Island, which operating regulations shall govern all other matters necessary to assure compliance with federal, state, and local regulations applicable to such sites. Said regulations shall be approved by the County council. The County reserves the right to provide in said operating rules that certain solid wastes, such as bulky wastes, problem wastes, and wood waste, based on source, type or volume, shall not be accepted, or only conditionally accepted, at sites owned or operated by the County.
4. 
a. 
Every vehicle delivering solid waste to a solid waste handling site or disposal facility shall have its load tied, covered, or confined in a manner that will prevent any part of the load from leaving the vehicle while the vehicle is in motion. In addition to any other penalty that may be applicable under state law, if, in the opinion of solid waste facility staff, the load is not secured in such manner and the vehicle is not exempt pursuant to subsection (C) of this section, the operator of the vehicle delivering the load shall pay a surcharge at the solid waste handling site or disposal site according to the following scale, effective January 1, 1997:
Cars (vehicles with passenger
license plates). . . . . . . . . . . . . . . . . . . . . . .
$3.00
Trucks (vehicles with truck
license plates). . . . . . . . . . . . . . . . . . . . . . .
$5.00
b. 
Surcharges collected under this section shall be deposited into the solid waste fund, together with daily solid waste facility receipts.
c. 
A vehicle transporting sand, dirt, or gravel in compliance with the provisions of RCW 46.61.655 as now existing or hereafter amended, shall not be required to secure or cover a load or pay a fee pursuant to this section.
5. 
The facilities shall be operated in accordance with the rules and regulations promulgated by the San Juan County health department and in accordance with the rules and regulations promulgated by the Department of Ecology as set forth in Chapter 173-304 WAC.
6. 
Hours of operation of the facilities operated by the division shall be set by the solid waste manager and approved by the County council.
7. 
Disposal rates shall be established by the public works director for the general district and the managing board of the Lopez district and shall be reviewed and approved by the County council as the governing body of the solid waste disposal districts in the County during the County's annual budget process or more frequently if necessary. Disposal rates together with other revenues shall generate sufficient revenue to cover costs of operation, capital expenses, long term debt expenses, and reserves.
8. 
All other federal, state, and local laws, ordinances and regulations regarding solid waste handling shall be met.
C. 
Exempt Operations.
1. 
Any solid waste operation herein exempt from obtaining an operating permit from the San Juan County health department under this chapter must be established, maintained, managed, and/or operated in compliance with all other requirements of federal, state and local rules. Any exemption allowed in this chapter shall have no effect on requirements of other laws, ordinances, or regulations.
2. 
The following solid waste disposal operations or facilities are hereby exempted from obtaining a permit under this chapter to be established, maintained, managed, or operated:
a. 
Dumping or depositing solid waste generated by a single family or household produced incidental to routine household activities onto or under the surface of the ground owned or leased by the family or household.
b. 
Wrecking automobiles and parts thereof, including storage and handling facilities.
c. 
Depositing less than 2,000 cubic yards of soil, rock, gravel, broken concrete, 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.
d. 
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 or is being deposited on ground owned or leased by the person responsible for the production of said waste, as long as depositing such waste does not create a nuisance.
e. 
Depositing sewage and/or sewage sludge onto or under the surface of the ground at a disposal site which has otherwise been issued a permit by a federal, state or local agency to be operated, maintained, or managed for that purpose.
D. 
Recycling. Reclamation sites for recycling operations shall be designated as part of the County's disposal system and shall be subject to permit requirements of the San Juan County health department.
E. 
Solid Waste Disposal Site Permit Regulations. The board of health shall adopt regulations governing the establishment, alteration, expansion, improvement, operation, and maintenance of all solid waste disposal sites. Such regulations shall set procedures, standards, and conditions for the issuance of solid waste disposal site permits designed to assure that disposal sites and facilities are located, maintained, and operated in a manner so as to properly protect the public health, prevent air and water pollution, and avoid the creation of nuisances. Such regulations shall be consistent with, but may be more stringent than, the minimum functional standards adopted by the Washington State Department of Ecology (Chapter 173-304 WAC).
F. 
Enforcement. The health department shall be responsible for enforcement, and for seeking enforcement through the prosecutor's office, of subsections (B) through (E) of this section and the regulations promulgated thereunder. The division shall be responsible for enforcement, or for seeking enforcement through the prosecutor's office, of SJCC § 8.12.010(B) and § 8.12.020(A) and the regulations promulgated thereunder.
G. 
Penalties. Any person who violates or fails to comply with any of the provisions of this chapter or regulations promulgated hereunder and orders issued pursuant hereto or who files or supplies any false, incomplete or inaccurate information in conjunction with any permit application or permit renewal or in supplying any other information requested by this chapter 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 that a violator does not comply with the requirements of this act following the initial warning of infraction shall constitute a separate offense. Nothing contained herein shall be construed to exempt an offender from any other suit, prosecution, or penalty provided in the San Juan County Code or by other laws.
H. 
Severability. If any section, subsection, 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 portion.
(Ord. 17-1996; Ord. 11-2012 § 2)
The San Juan County council approves and adopts the Solid Waste and Moderate-Risk Waste Management Plan dated April 12, 2018.
(Ord. 17-1996; Ord. 19-2012 § 3; Ord. 6-2016 § 2; Ord. 15-2018 § 3)