A regulatory permit entitled an infectious waste activity permit shall be obtained prior to the undertaking of any infectious waste activity subject to the requirements of this chapter. The permit shall be for all structures and activities involved in infectious waste storage, transportation, treatment, and disposal as set forth in LCC § 8.20.030.
(Ord. 1112 § 5(A), 1991; Ord. 1157, 1998)
Applications for infectious waste activity permits shall be divided into two separate categories of operations which are defined as follows:
(1) 
Class I Infectious Waste Activities. These are activities which, as a result of the storage, transportation, treatment, and disposal of infectious waste, will have emissions or discharges into the air, ground water, surface water, or other elements of the physical environment.
(2) 
Class II Infectious Waste Activities. These are activities which will have no emissions or discharges into the physical environment which result from the storage, transportation, treatment, and disposal of infectious waste.
(Ord. 1112 § 5(B), 1991; Ord. 1157, 1998)
Any person desiring to undertake an infectious waste activity within the unincorporated area of Lewis County shall submit an application for an infectious waste activity permit to the Lewis County community development department on such forms as required by the director of said department.
In addition to the application form(s), the applicant shall also submit a completed environmental checklist.
Application forms for Class I infectious waste activities may require additional and more detailed information than those application forms for Class II activities.
(Ord. 1112 § 5(C), 1991; Ord. 1157, 1998)
(1) 
Initial Permit Application Fee. At the time of filing of an application for the approval of an infectious waste activity permit, the applicant shall submit a nonrefundable application fee payable to Lewis County according to the following schedule:
(a) 
Class I infectious waste activities: $3,600.
(b) 
Class II infectious waste activities: $600.00.
(2) 
Annual Permit Compliance Inspection Fee. Each permitted infectious waste activity shall have an annual inspection conducted by Lewis County to review compliance of the activity with the requirements of this chapter and any conditions of permit approval.
(a) 
Class I infectious waste activities: $750.00.
(b) 
Class II infectious waste activities: $300.00.
(Ord. 1112 § 5(D), 1991; Ord. 1157, 1998)
Upon receipt of an application for an infectious waste activity permit, the community development department shall affix a file number and date of receipt to the application and promptly forward copies of the permit application and all supporting material to the following agencies as appropriate with a request for their comments on the proposal:
(1) 
Lewis County health board and department of health & social services- environmental health section;
(2) 
Lewis County engineer;
(3) 
Lewis County building official;
(4) 
Lewis County fire marshal;
(5) 
Lewis County department of planning;
(6) 
Other county officials concerned within the scope of their municipal function;
(7) 
Proper city officials when the project is within one mile of their corporate limits;
(8) 
The District Engineer of the Washington State Department of Transportation when the project is adjacent to the rights-of-way of existing or proposed state highways;
(9) 
Local fire district;
(10) 
Any other agency with interest, expertise, or jurisdiction.
(Ord. 1112 § 5(E), 1991; Ord. 1157, 1998; Res. 99-515, 1999)[1]
[1]
[Note: Environmental services is currently assigned by Resolution to the department of health and social services.]
Each of the departments, municipalities, officials, or agencies shall have no less than 30 days to review the proposal and forward their comments to Community development department. Failure to submit comments within the review period shall be interpreted as to indicate that the proposed infectious waste activity will not adversely affect any matters of concern to or under the jurisdiction of the reviewing agency.
(Ord. 1112 § 5(F), 1991; Ord. 1157, 1998)
(1) 
The community development department upon the receipt of an application completed in compliance with the requirements of this chapter, shall set the date for a public hearing on the proposal before Hearing Examiner.
(2) 
Said public hearing shall be held not less than 60 days for a Class I infectious waste activity or less than 30 days for a Class II infectious waste activity nor more than 90 days following the receipt of the permit application.
(3) 
Any application for which an environmental impact statement (EIS) is required shall not have its public hearing before Hearing Examiner until the final EIS for the project has been issued.
(Ord. 1112 § 5(G), 1991; Ord. 1157, 1998)
The community development department shall give notices of the public hearing before the Hearing Examiner as follows:
(1) 
By arranging for the publication of a notice of public hearing in a newspaper of general circulation within the county to appear not less than 10 days prior to the hearing date.
(2) 
Through the U.S. Mail, postmarked at least 10 days prior to the date of the hearing to the following:
(a) 
The latest recorded land owners, as shown by the records of the Lewis County assessor, within at least 300 feet of the subject property.
(b) 
The legislative authority of any city or town within one mile of the project site.
(c) 
The State Department of Transportation, if the project is adjacent to the right-of-way of any state highway or within two miles of a state or municipal airport.
(3) 
By posting notice of such hearing on the subject property not less than 10 days prior to the hearing date.
(4) 
By any other reasonable method deemed appropriate by the director of said department.
(5) 
All public hearing notices shall include the following:
(a) 
The date, time, and place of the hearing.
(b) 
A brief description of the type of infectious waste activity being proposed.
(c) 
A brief legal description of the location of the project site and either a vicinity sketch or a location description in nonlegal language.
(Ord. 1112 § 5(H), 1991; Ord. 1157, 1998)
(1) 
Scope and Continuance. At the public hearing the Hearing Examiner shall consider all relevant evidence and testimony. The Hearing Examiner shall consider the application for conformance with the requirements of this chapter, conformance to any adopted comprehensive land use plan, and other planning policies, standards, and specifications of the county.
The Hearing Examiner shall also consider the adequacy of access, sewage disposal, water supply, fire protection, surface drainage and runoff, and that the public health, safety, and welfare will be served. Any hearing may be continued by the Hearing Examiner if the applicant consents to an extension of such time period. Should the Hearing Examiner find that additional information is needed to evaluate the project, but the applicant does not consent to continuing the hearing, the Hearing Examiner may consider the need for additional information as sufficient cause for the denial of the application.
(2) 
Records. Records of the Hearing Examiner hearings on applications for infectious waste activity permits shall be kept in accordance with Chapter 2.25 LCC.
(3) 
Conduct of Hearing. The hearing before the Hearing Examiner shall be conducted as a substantive hearing in accordance with Chapter 2.25 LCC.
(Ord. 1112 § 5(I), 1991; Ord. 1157, 1998)
(1) 
Approval of an infectious waste activity permit by the Hearing Examiner shall provide notice to the applicant that he may proceed with the development of the project subject to acquiring all other necessary federal, state, and local permits or authorizations along with any other permission needed to complete the project.
(2) 
Should the project fail to be completed within three years of the date of approval by the board, the permit shall expire and a reapplication shall be necessary for project completion. However, the Hearing Examiner may grant a one-year extension to the period of permit approval upon a written request filed prior to the expiration of the three-year approval period and showing that (a) significant and substantial progress has been made towards project completion and (b) that the project can be completed within the one-year extension.
(3) 
All projects not completed upon the expiration of the approval period or the one-year extension period must reapply for approval to complete the project.
(Ord. 1112 § 5(K), 1991; Ord. 1157, 1998)
Each permitted infectious waste activity shall be subject to inspection by county and applicable Lewis County health board regulations to review the operation and determine whether the activity is operating in compliance with the requirements of this chapter and any conditions of permit approval. This inspection shall be held at the first mutually convenient date for all involved parties following the anniversary of the approval of the permit.
(1) 
Application for Annual Permit Compliance Inspection. The applicant shall make application for the annual inspection on forms provided by the Community development department. Upon submission of the application, the applicant shall also submit the annual site inspection fee set forth in LCC § 5.20.080(2).
(2) 
Failure to Apply for the Annual Permit Compliance Inspection. Failure of the applicant to apply for the annual permit compliance inspection shall result in the immediate revocation of the infectious waste activity permit for the project until such application has been made, the inspection has been conducted, and the operation found to be in compliance with the requirements of this chapter and the conditions of permit approval.
The community development department shall be responsible for the monitoring of the expiration of the application deadline for applications for the annual permit compliance inspections and pursuing revocation of the permit for the failure of any permitted activity to make such application.
(Ord. 1112 § 5(L), 1991; Ord. 1157, 1998)
Any permit granted pursuant to this chapter may be rescinded or modified upon a finding by the Hearing Examiner that (a) the project has not been completed within the time period(s) set forth in LCC § 8.20.150 or (b) the activity is not operating in compliance with the requirements of this chapter or any conditions of permit approval.
(1) 
Service of Notice. The Hearing Examiner may initiate rescission and modification proceedings by serving written notice of noncompliance on the permittee. Such notice shall be by certified mail.
(2) 
Public Hearing. Before a permit may be rescinded or modified, a public hearing shall be held by the Hearing Examiner no sooner than 30 days following the service of notice upon the permittee. The Hearing Examiner shall have the power to prescribe rules and regulations for the conduct of such hearings.
(3) 
Findings. Every decision made by the Hearing Examiner to rescind or modify a permit shall be in writing and include findings of fact and conclusions to support the decision.
(4) 
Records. Records of the board's proceedings concerning permit rescissions and modifications shall be kept by the clerk of the board and shall be open for public inspection.
(Ord. 1112 § 5(M), 1991; Ord. 1157, 1998)