The purpose of this article shall be to provide regulations to govern the storage, collection, transfer, transportation, processing, utilization, and final disposal of solid waste by any person or persons in Lewis County, Washington, in order to protect natural and economic resources, and to preserve the health, safety, welfare and sanitation of Lewis County, Washington, in conformance with and under the authority of Chapters 70.95 and 70.93 RCW and Chapters 173-301 and 173-310 WAC.
(Ord. 1046 Art. I, 1975; Ord. 1157, 1998)
As used in this article:
(1) 
"Abandoned vehicle"
means any vehicle which remains in substantially the same location for a period of 10 continuous days or longer on any public thoroughfare, right-of-way, or real property owned by other than the owner of vehicle, and is still remaining in substantially the same location after a period of 10 additional days or longer from the date that written notice is mailed by the Lewis County sheriff's department, by certified mail, with the return receipt requested, to the last known registered legal owner of any such vehicle.
(2) 
"Authorized representative"
shall mean employees of the Lewis County health board, or the solid waste section, or any law enforcement officer.
(3) 
"Board"
shall mean the board of county commissioners of Lewis County, Washington.
(4) 
"Bulky waste"
shall mean when used herein, large items of refuse such as appliances, furniture, trees and stumps, demolition, special and other oversized wastes.
(5) 
"Collection agency"
is a person or persons, certificated by the Washington Utilities and Transportation Commission, to collect solid waste from public and private premises and transport the same to designated transfer stations or sanitary landfills.
(6) 
"Collector" shall be synonymous with "collecting agency".
(7) 
"Composting"
is the controlled microbial degradation of organic waste yielding a nuisance-free product.
(8) 
Container, Detachable.
A "detachable solid waste container" is a partially mechanized self-service solid waste container for individual or bulk use, utilizing special equipment for emptying or transporting.
(9) 
Container, Individual.
An "individual solid waste container" is a durable, corrosion- resistant, rodent-resistant, easily cleanable container with a tight-fitting lid and equipped with suitable handles with a capacity of 30 gallons or less and weighing less than 85 pounds total weight when full.
(10) 
"County"
shall at all times mean Lewis County, Washington.
(11) 
"Drop box"
is synonymous with a detachable solid waste container.
(12) 
"Garbage"
shall mean all putrescible material, including animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food; swill and carcasses of dead animals, except sewage, sewage sludge and human body waste.
(13) 
"Hauler"
shall mean a contractor who shall transport county-located solid waste detachable containers to county-operated transfer stations, or sanitary landfills.
(14) 
"Health officer"
shall mean the Lewis County Board of Health, health officer or his/her authorized agent or representative.
(15) 
"Incineration"
is the controlled combustion of solid waste, that yields satisfactory nonputrescible residues and air effluents.
(16) 
"Person"
shall mean an individual, firm, association, co-partnership, political subdivision, government agency, municipality, industry, public or private corporation, or other entity whatsoever.
(17) 
"Reclamation"
is the disposal process in which there is hand or mechanical segregation of solid waste for sale or reuse, or other resource recovery techniques.
(18) 
"Refuse" shall be deemed to be synonymous with the term "solid waste".
(19) 
"Sanitary landfill"
shall mean the method of disposing of solid waste on land without creating nuisances or hazards to public health or safety by utilizing the principles of engineering to confine the solid waste to the smallest practical area, to reduce it to the smallest practical volume, and to cover the same with a layer of earth at the conclusion of each day's operation or at such more frequent intervals as may be necessary.
(20) 
"Solid waste"
shall mean all putrescible or nonputrescible solid and semi-solid waste, including garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof and discarded commodities. (Chapter 70.95 RCW)
(21) 
"Transfer station"
shall mean a fixed supplemental collection or transportation or disposal facility, used by persons and route collection vehicles to deposit solid waste into a larger transfer vehicle for transport to the disposal site.
(22) 
"Vehicle hulk"
shall mean a remnant or remains of a vehicle which is inoperative and cannot be made mechanically operative without the addition of essential parts or mechanisms, together with the application of a substantial amount of labor to effect repairs, or any wrecked or dismantled vehicle, or part thereof.
(23) 
"Wood waste"
shall mean a by-product resulting from the handling and processing of wood, including, but not limited to, hogged fuel, sawdust, shavings, chips, bark, small pieces or wood, stumps, limbs, or any other material composed largely of wood.
(24) 
"Wood waste landfill"
shall mean a method of disposing of wood wastes on land without creating nuisances or hazards to public health or safety by utilizing principles of engineering.
(Ord. 1046 Art. II, 1975; Ord. 1157, 1998)
(1) 
Created - Department of Community Development. For the purpose of carrying into effect the provisions and aims of this article, there is hereby created and established a Lewis County solid waste utility division within the Lewis County department of community development.
(2) 
Responsibility. The solid waste shall be responsible for:
(a) 
The solid waste management system including transfer stations, sanitary landfills, drop boxes and reclamation sites by agreements with independent contractors as hereinafter provided.
(b) 
The management of collection districts when such districts are established by the county pursuant to Chapter 36.58A RCW.
(c) 
Participation in reviewing rate structures and other solid waste management subjects, in cooperation with the board and the solid waste management advisory committee.
(d) 
Representing Lewis County at all Washington Utilities and Transportation Commission hearings when appropriate.
(e) 
Receiving and resolving complaints on solid waste management in cooperation with the Lewis County health board.
(f) 
Compliance with Chapters 70.93 and 70.95 RCW, and 173-300 through 173-306 WAC, and other state and local laws and regulations.
(g) 
Making recommendations to the board as to solid waste management service contracts, for the construction and management of transfer and disposal sites, and the drop box system.
(3) 
Administrator - Appointment. The board is hereby empowered to and shall appoint a qualified person as solid waste administrator.
(4) 
Administrator - Duty. The solid waste administrator shall have total responsibility for administering the Lewis County solid waste management program to accomplish the purpose delineated in LCC § 8.15.180. In addition, he shall make recommendations to the utility division head concerning policy, budget, operational procedures and other matters of concern to an effective solid waste management program.
(Ord. 1046 Art. III, 1975; Ord. 1157, 1998; Res. 01-073, 2001)[1]
[1]
[Solid waste is currently assigned to the director of the department of community development]
(1) 
Authorization To Establish Disposal Charges. The board is hereby authorized to establish solid waste service charges within Lewis County to cover the cost of solid waste disposal and/or transfer of solid waste. Such rates shall be recommended by the solid waste management advisory committee. Initial rates and/or changes in such rates shall be published in a local newspaper 30 days prior to change, and shall become effective 30 days from the date of publication.
(2) 
Washington Utilities and Transportation Commission and Collection Rates. Nothing in this article shall be deemed to change the responsibility or authority of the Washington Utilities and Transportation Commission to regulate all intrastate carriers an collection rates, as required by RCW 70.95.900.
(Ord. 1046 Art. IV, 1975; Ord. 1157, 1998)
(1) 
Contracts Authorized. The board shall have the authority to contract for services for hauling of county-located solid waste detachable containers within Lewis County placed for the use of households. In addition, the board may also contract for services for operating sanitary landfills and/or transfer stations. The recommendation of the solid waste management advisory committee and the solid waste administrator is to be considered in awarding any such contract.
(2) 
Standards for Collection, Transportation and Operation. All collectors, haulers, or operators of transfer stations or sanitary landfills, shall collect, transfer, or operate in conformance with all applicable federal, state and local laws. All collectors shall collect solid waste in their Washington Utilities and Transportation Commission certificated area, and shall dispose of the same only in a designated transfer station or sanitary landfill, as specified in the Lewis County solid waste management plan. In addition, all such collectors, haulers, operators, or individuals shall conduct themselves in such a manner that any and all hauling of solid waste shall be in securely covered vehicles or containers so as to prevent said materials from being blown from said vehicle during hauling operations. Any spillage of solid waste from a collector's vehicle or hauler's vehicle shall be picked up immediately by the collector or hauler and the area of spillage immediately cleaned.
(Ord. 1046 Art. V, 1975; Ord. 1157, 1998)
(1) 
Solid Waste Containers Required. It shall be the duty of every person in possession, charge or control of any building, dwelling, plant, rooming house, apartment house or eating place or in possession, charge or control of any such establishment to keep or cause to be kept solid waste containers of approved size, type, and construction at all times and deposit or cause to be deposited therein all solid waste, except bulky wastes.
(2) 
Acceptable Standards - Commercial Exceptions. Such containers shall be constructed in conformance with applicable federal, state and local laws and regulations. Large detachable containers for storage of industrial, commercial or special solid waste may be used with the approval of the health officer and solid waste administrator.
(3) 
Use and Maintenance of Containers. Each container shall be kept in a clean sanitary condition and in good repair. Lids shall be on the container at all times except during actual filling or emptying. No earth, rocks, heavy refuse, or other heavy material shall be deposited in any solid waste container except by permission of the health officer and/or the solid waste section as appropriate.
(4) 
Notice of Unacceptable Use or Maintenance. Any collector who shall find any solid waste container to be in violation of the standards set forth herein as to acceptable use or maintenance shall place a tag furnished by the solid waste section on such container which shall have a perforated stub with identification number and place for location and description. Said perforated stub shall be removed from said tag and forwarded to the Lewis County solid waste administrator who shall notify the health officer. Any person who shall have failed to conform to acceptable use of solid waste containers upon two or more occasions, shall be deemed to be in violation of this article.
(Ord. 1046 Art. VI, 1975; Ord. 1157, 1998)
(1) 
Classes of Refuse Not Allowed in Solid Waste Containers. No earth, rocks, heavy refuse, dead animals, or other material as hereinafter set forth shall be deposited in any solid waste container.
(2) 
Dead Animals. It shall be the duty of every person in possession, charge or control of any dead animal, or upon whose premises the same may be located, to forthwith cause the same to be removed and disposed of; provided, that mere existence of such an animal upon a person's premises, without his knowledge shall not subject said person to any penalties hereunder. Disposal shall be by burial pursuant to Chapter 16.68 RCW.
(3) 
Composting Piles. Compost piles shall be composed of materials and use procedures conforming with Section 8.45.070(6) LCC.
(4) 
Removal. It shall be the duty of every person to cause such solid waste as may be in any solid waste container or upon the premises under his control, to be removed and disposed of only by an authorized collector or by himself. In the event that a person shall remove and dispose of solid waste from his own premises the same shall be removed in a completely covered container or vehicle and disposed of, only at a designated transfer station, drop box, landfill, or upon premises owned or leased by him, in such a manner as will conform with RCW 70.95.240 and the Lewis County Health Board Regulations.
(Ord. 1046 Art. VII, 1975; Ord. 1157, 1998; Ord. H-99-0301, 1999)
(1) 
Open to Public - Subject to Fee. Transfer stations and sanitary landfills shall be opened to the residents of Lewis County for the disposal of solid wastes; and to nonresidents who dispose of 10 gallons or less in any one 24-hour period; each subject to such fees as may be established pursuant to LCC § 8.15.210.
(2) 
Requirements for Use by Public. Each person who shall use transfer stations, drop boxes and/or sanitary landfills for the disposal of solid waste shall comply with haulage and spillage requirements as set forth hereinabove. Disposal of solid waste by any member of the public shall be at a designated transfer station, drop box or sanitary landfill in such a manner as will conform with RCW 70.95.240 and the Lewis County Health Board Regulations. Persons disposing of solid waste shall comply with any and all signs or directions posted or given by attendants at said solid waste facilities. Any improper disposal of solid waste at a transfer station or sanitary landfill shall be deemed a violation of this article.
(Ord. 1046 Art. VIII, 1975; Ord. 1046-A § 1, 1980; Ord. 1157, 1998)
(1) 
License Required and Standards Met. Each solid waste transfer station, sanitary landfill, wood waste landfill, incinerator, reclamation site or other disposal site shall possess a valid permit to operate from the Lewis County health board. Operations shall meet and maintain the minimum standards of Chapter 173-304 WAC and the associated regulations of the health board.
(2) 
Unauthorized Dump Abatement -Signs. When an unauthorized dump containing solid waste has been located in Lewis County and the person or persons responsible for the same cannot be located or apprehended, it shall be the responsibility of the solid waste administrator to arrange for the removal of such solid waste in the most expedient manner available, and cause signs to be posted prohibiting further dumping at such site.
(3) 
Wood Waste Landfills. A wood waste landfill shall not be established or substantially altered until the site location and operation has been approved by a permit from the health officer. Only wood waste, and nonputrescible material such as, but not limited to, rock, sand, and ashes may be landfilled at a wood waste landfill unless specific permission is first obtained from the health officer for disposal of other types of waste. The wood waste landfill site shall be located, designed, constructed, operated, and maintained so as to prevent the creation of a nuisance and comply with state and local requirements for fire protection, water and air pollution prevention and esthetics.
(Ord. 1046 Art. IX, 1975; Ord. 1123 § 16, 1992; Ord. 1157, 1998)
Right to Enter - Inspection. Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this article or other applicable law, the authorized representative is hereby authorized to enter such property at any reasonable time to inspect the site and to perform any duty imposed by this article pursuant to the provisions of LCC Chapter 1.25 and as otherwise permitted at law.
(Ord. 1046 Art. X, 1975; Ord. 1157, 1998)
(1) 
Violation - Misdemeanor; Civil Infraction. Any person violating or failing to comply with any term or provision of this article, on conviction thereof, shall be subject to the penalties in LCC § 1.20.020 and § 1.20.040.
(2) 
Cost of Abatement. Any fine, imprisonment or both imposed hereunder shall be in addition to a revocation of permit, license or other permissive document; and any hauler, collector, operator of a transfer station or landfill or other person or entity licensed or permitted to deal with solid waste hereunder shall be subject to revocation of such permits and/or licenses and unilateral cancellation of contract for violation of this article.
(Ord. 1046 Art. XI, 1975; Ord. 1157, 1998; Ord. 1180 § 8, 2002)
Any aggrieved person may appeal in writing a decision pertaining to the technical provisions of this article to the Lewis County Hearing Examiner as provided for under Chapter 2.25 LCC or Health Board Ordinance, as appropriate.
(Ord. 1046 Art. XII, 1975; Ord. 1157, 1998)