No. 107-10

NOTICE OF PUBLIC HEARING ON AN

ORDINANCE

REGARDING THE REGULATION OF

BIOSOLIDS

 NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Wahkiakum County, Washington, will hold a public hearing commencing: September 7, 2010, at 7:00 P.M. in Commissioners Public Meeting Room, 3rd Floor, Wahkiakum County Courthouse, 64 Main Street, Cathlamet, Washington, for the purpose of determining whether or not the Ordinance set forth below shall be adopted, and at which hearing any person may appear and be heard for or against said Ordinance.

ORDINANCE NO. ___-10

AN ORDINANCE

REGARDING THE REGULATION OF THE USE OF BIOSOLIDS

 WHEREAS, the term "biosolid" means sewage sludge that is a primarily (but not entirely) organic, semisolid product resulting from the wastewater treatment process; and

 WHEREAS, the term "septage" means biosolids composed primarily of human waste from septic tanks; and

 WHEREAS, RCW 70.95J.005(e) reflects the Washington State Legislature's acknowledgement that biosolids "can contain metals and microorganisms that, under certain circumstances, may pose a risk to public health;" and

 WHEREAS, among the metals that may pose such risk are arsenic, cadmium, copper, lead, mercury, molybdenum, nickel, selenium, and zinc; and

 WHEREAS, among the microorganisms that may pose such risk are e. coli, heliobacter pylori, legionella, cryptosporidium, giardia, and various viruses; and

 WHEREAS, disease and heavy metal contamination constitute potential threats to the life and health of humans, pets, livestock, crops, and also the natural flora and wildlife of the County; and

 WHEREAS, the County of Wahkiakum prides itself on the quality of its agriculture, which is of economic benefit and historical importance to the citizens of the County; and

 WHEREAS, the benefits of agriculture to the County of Wahkiakum are greatly enhanced by both the quality and the perceived quality, of the County's agricultural goods; and

 WHEREAS, the County of Wahkiakum is distinguished by its many rivers and sloughs, which flood to a greater or lesser extent on an annual basis; and

 WHEREAS, such floods have the potential to spread items applied on the ground on one property onto such other property as the flood may affect; and

 WHEREAS, regulation of the use of septage, sludge, and biosolids is necessary for the protection of the health and welfare of citizens of and visitors to Wahkiakum County and also for the protection of the good reputation of Wahkiakum County agriculture;

NOW THEREFORE, THE COMMISSION OF THE COUNTY OF WAHKIAKUM DOES HEREBY ORDAIN AS FOLLOWS:

A new chapter is hereby added to the Wahkiakum County Code in Title 70, to be designated Chapter 70.08, and to read as follows:

70.08.010: Definitions.

 (a) "Biosolids" shall have the definition given to that word in WAC 173-308-005(b), as such definition may hereafter be amended or recodified.

 (b) "Class A Biosolids" means biosolids that meet the requirements for Class A pathogen reduction in WAC 173-308-170, as that administrative code section now exists or may hereafter be amended or recodified.

 (c) "Class B Biosolids" means biosolids that meet the requirements for Class B pathogen reduction in WAC 173-308-170, as that administrative code section now exists or may hereafter be amended or recodified.

70.08.020: Land Application of Biosolids.

 (a) No Class B biosolids may be applied to any land within an "area of special flood hazard" as that term is defined in RCWC 86.16.200, as that section of the Revised Code of Wahkiakum County now exists or may hereafter be amended or recodified.

 (b) No sewage sludge or septage not meeting the definition of class A or class B biosolids may be applied on or to any land within the borders of Wahkiakum County unless such application:

  i. is licensed by the State and meets the requirements of WAC 173-308-270 and other applicable laws and regulations; and

  ii. is made only in areas more that one thousand (1,000) feet from real property belonging to any person without control over the property to which the sewage sludge or septage is being applied; and

  iii. is not within an "area of special flood hazard" as that term is defined in RCWC 86.16.200, as that section of the Revised Code of Wahkiakum County now exists or may hereafter be amended or recodified.

70.08.030: Penalty.

 (a) Any person who fails to comply with any provision of this chapter shall be subject to a civil penalty not to exceed one thousand dollars for each violation.

 (b) The civil penalty provided for in this section shall be imposed by a notice in writing either by certified mail with return receipt requested or by personal service, to the person incurring the same. The notice shall describe the violation with reasonable particularity and shall order the acts constituting the violation or violations to cease and desist or, in appropriate cases, may require necessary corrective action to be taken within a specific and reasonable time.

 (c) Any civil penalty imposed pursuant to this section shall be subject to review by the Board of County Commissioners as provided in RCW 18.16.405, as it now exists or may hereafter be amended or recodified.

70.08.040: Interpretation.

This chapter is intended to further regulate the use of biosolids and not to repeal or limit any restrictions upon the use of biosolids that now exist or may hereafter be adopted.

 DULY PASSED AND ADOPTED in Regular Session following a public hearing thereon, this ____ day of _________, 2010.

BOARD OF COUNTY COMMISSIONERS OF WAHKIAKUM COUNTY, WASHINGTON

____________________

Blair H. Brady,

Chairman

____________________

Daniel L. Cothren,

Commissioner

____________________

Lisa M. Marsyla,

Commissioner

ATTEST:

____________________

Marsha LaFarge

Clerk of the Board

APPROVED AS TO FORM this ___ day of __________, 2010:

____________________

Daniel H. Bigelow

Prosecuting Attorney

 Additional copies of the foregoing proposed Ordinance are available at the office of the Wahkiakum County Auditor, Wahkiakum County Courthouse, 64 Main Street, Cathlamet, Washington.

 The Commissioners' Public Meeting Room is accessible for persons with disabilities. Additional Assistance for Persons With Disabilities: If you will need any special accommodations to participate in the hearing, please contact Chuck Beyer at least forty-eight (48) hours in advance, at (360) 795-3067.

 THIS NOTICE IS GIVEN this 16 day of August, 2010, pursuant to an Order of the Board of County Commissioners entered in Regular Session on the _____ day of _____, 2010.

BOARD OF COUNTY COMMISSIONERS OF WAHKIAKUM COUNTY, WASHINGTON, BY:

MARSHA LaFARGE

Marsha LaFarge, Clerk of the Board of County Commissioners

Approved as to form:

DANIEL H. BIGELOW

Daniel H. Bigelow

Prosecuting Attorney

RCW 36.32.120

Publish August 26, 2010 and September 2, 2010