A. 
It shall be unlawful for any person to dump or deposit, or allow to be dumped or deposited, whether from a vehicle or otherwise, any solid waste onto or under the surface of the ground or into the waters of this county except at a county-approved disposal site.
B. 
Unlawful dumping shall also include unauthorized deposition of solid waste into a container that is owned or leased by another person, business establishment, or other entity.
C. 
If, during inspections of solid waste violations, the inspector observes waste suspected of being regulated dangerous waste or infectious waste, the inspector shall have the authority to require the property owner or occupant to segregate and hold any such waste. If it is determined by the Department or designee that testing is required to identify the waste, the generator or property owner shall be responsible for such analysis. The property owner shall assume responsibility of disposal of the waste if the generator is unknown.
(Ord. 04-061 § III(A), 3-30-2004)
A. 
Presumption of Responsibility. When solid waste is dumped/deposited in violation of this chapter, and contains material bearing the name of one or more individual(s) and/or address(es), there shall be a rebuttable presumption that the individual(s) whose name or address appears on such material committed the unlawful act.
B. 
Lack of Identification/Failure to Locate. When the Department investigates unlawful dumping, but finds no identification as evidence of ownership, or the responsible person(s) cannot be located, it will become the responsibility of the property owner, whether private or public, to remove and legally dispose of the solid waste.
C. 
Final Responsibility. The owner and/or occupant of any property, whether public or private, shall be responsible for the safe, sanitary, and legal handling of all solid waste on the property until it is removed to an approved solid waste disposal site. The property owner and/or occupant are responsible whether or not the solid waste was accumulated by them, provided the property owner has actual or constructive notice that the solid waste is on the property and violates this chapter, and after notification procedures of the person identified as having illegally dumped/deposited the solid waste have been unsuccessful. Where this occurs on public land, the appropriate governmental agency shall be notified and held responsible for the removal and disposal.
(Ord. 04-061 § III(B), 3-30-2004)
A. 
The Department shall investigate and inspect for a solid waste violation prior to giving notice of a violation. Inspections shall be made from streets, roads or alleys, or from private property with the consent of the owner or occupant thereof, for purposes of verifying and documenting a violation.
B. 
The Department will use all available means to serve a notice (actual or constructive) of a solid waste violation to the person responsible for the violation and/or the person responsible for maintenance of the property. The notice shall contain a request for voluntary compliance with this regulation and a date corrections shall be completed. The notice shall also contain a statement that if the person responsible does not voluntarily complete correction by the date required, or has not made other appropriate arrangements with the Department, a civil infraction will be served.
C. 
Correction dates shall be not less than 20 days unless the Department determines the waste may create an immediate hazard to the health or safety of the public or environment. The Department may extend the time limit for correction or may agree to modify the required corrective action if the person responsible has shown due diligence and/or substantial progress in correcting the violation, or if circumstances that require extension/modification can be demonstrated.
D. 
Service by mail shall be deemed effective the fifth day following the day notice is placed in the mail, excluding Sundays and legal holidays.
E. 
After a property owner and/or responsible person has received notice, it shall be a violation of this chapter to allow the solid waste to remain on the property.
F. 
A violation of this chapter shall be charged if, after notification, the responsible person fails to voluntarily comply. This shall be in the form of a civil infraction, subject to penalties set forth in this chapter.
(Ord. 04-061 § III(C), 3-30-2004)
A. 
It shall be unlawful to store solid waste in such a manner that the solid waste may be carried away, deposited, or exposed by the elements, animals, or vectors. This shall include storing of solid waste in plastic bags or other unapproved receptacles located on, but not limited to, the ground, exposed decks, patios, or carports, or within the back of pickups or trailers.
B. 
No agricultural waste shall be deposited, piled or allowed to accumulate in or near areas such as, but not limited to, ditches, ravines, rivers, streams, lakes, ponds, marine water, or upon the surface of the ground, highways or road rights-of-way or near any source of drinking water. Agricultural waste has potential to be a nuisance and/or health hazard, as determined by the Department, by the breeding of flies, harboring of rodents, or polluting of water. Agricultural waste stored on single-family farms shall be stored in compliance with farm management plans as determined by the Cowlitz Conservation District. All facilities, other than single-family farms, piling, storing, accumulating or containerizing agricultural waste, or proposing to do so, shall require a solid waste facility permit or exemption.
C. 
Infectious waste or waste determined to be potentially infectious shall be disposed in a manner consistent with Chapter 246-203 WAC, General Sanitation, or other state or federal disposal techniques, as determined by the Department. When regulations conflict, the more restrictive regulation shall apply, when required by the Department and with the concurrence of the Health Officer, and such application shall extend to those specific provisions that are more restrictive. The Department, under appropriate conditions, may require disposal techniques above and beyond other state or federal regulation.
D. 
It shall be unlawful for any person to burn solid waste that may cause a health hazard or nuisance, including garbage or rubbish, unless these materials are burned in an appropriate permitted facility. Land-clearing debris may be burned at certain times and under specific conditions specified by the Southwest Washington Air Pollution Control Authority and local fire control agencies, in accordance with Chapter 70.94 RCW.
E. 
It shall be unlawful for any person to cause or allow any nuisance to exist which causes odorous emission of air contaminants to the property of others over a substantial amount of time, or is proven to be injurious to human health, plant or animal life, or property, or which unreasonably interferes with the enjoyment of life or property. This applies to odorous emissions due to the storage, handling, collection, treatment, recycling, composting, or disposal of solid waste. This does not apply to solid fuel burning devices, motor vehicles, or aircraft.
F. 
When a situation arises where disposal of solid waste is not covered under these regulations, the Department shall determine acceptability of a disposal method on a case-by-case basis, in accordance with WAC 173-350-490.
G. 
The Department may require a receipt from a permitted solid waste disposal, recycling, and/or reclamation facility as proof of legal disposal.
H. 
The Department may require the owner or occupant to obtain regularly scheduled commercial solid waste collection and transportation service from a solid waste collection and transportation company, if commercial solid waste collection and transportation service exists or is offered in the geographical area where the person resides. If service is not available, the Department may require the owner or occupant to implement a solid waste removal schedule for disposal to an approved facility, if it is determined by the Department that the owner or occupant will repeat or has repeated violations of this chapter.
(Ord. 04-061 § III(D), 3-30-2004)
A. 
These standards apply to all solid waste, except at a solid waste facility subject to the standards of WAC 173-350-300, for the temporary storage of solid waste in containers. Solid waste storage containers shall be maintained in a clean, safe and nuisance-free condition.
B. 
Containers used for collection and transportation of any solid waste shall be located and moved in such manner that the containers will not fail, and the contents will not spill or leak. Where such spillage or leakage occurs, the solid waste shall be picked up immediately and the area properly cleaned. Containers/receptacles shall be cleaned as necessary to prevent nuisance odor, insect breeding, or a public nuisance. Solid waste containers and receptacles shall meet the following requirements:
1. 
Reusable containers (other than detachable containers) shall be:
a. 
Rigid and durable;
b. 
Corrosion-resistant;
c. 
Nonabsorbent and watertight;
d. 
Rodent-proof and easily cleaned;
e. 
Equipped with a close-fitting cover to prevent littering;
f. 
Suitable for handling with no sharp edges or other hazardous conditions;
g. 
Equal to or less than 32 gallons in volume where manual handling is practiced; and
h. 
Maintained in good repair.
2. 
Disposable containers shall:
a. 
Be sufficiently strong to allow lifting without breakage;
b. 
Be 32-gallon capacity or less where manual handling is practiced; and
c. 
Not allow spillage or leakage onto the ground, or into the waters.
3. 
Detachable containers shall be:
a. 
Durable;
b. 
Corrosion-resistant;
c. 
Nonabsorbent;
d. 
Nonleaking;
e. 
Equipped with a solid cover or screen cover to prevent littering;
f. 
Maintained in good repair.
C. 
The Department may require disinfections of any container.
D. 
The Department shall have the authority to order an increased collection frequency or larger receptacle/container if the existing solid waste receptacle/container is determined to be insufficient for the needs of the users.
E. 
Nothing in this chapter shall prohibit the deposition of solid waste into approved receptacles/containers of private or public property; provided, that:
1. 
Such receptacle is designated by the property owner, agency, or establishment for the disposal of garbage or refuse; and
2. 
When such person depositing is authorized to do so by the property owner or establishment; and
3. 
All receptacles/containers meet applicable standards.
(Ord. 04-061 § III(E), 3-30-2004)
A. 
It is unlawful for any person to violate Article III of this chapter or assist in the violation of this section. Any violation of this section shall be subject to a civil infraction, unless otherwise stated, as provided in Chapter 2.06 CCC as it now exists or is hereafter amended.
B. 
Payment of monetary penalty does not relieve the violator from the duty of compliance with the provisions of this chapter.
C. 
Failure to comply with the provisions of this chapter or any code adopted herein is declared to be a public nuisance.
D. 
Criminal misdemeanor penalties as prescribed in CCC § 15.30.220 may be imposed in a case of repeated violations or if the Department determines civil penalties are not effective.
(Ord. 04-061 § III(F), 3-30-2004)