No. 11-53 ORDINANCE NO. 151-11

No. 11-53

ORDINANCE NO. 151-11

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 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 now exists or may hereafter be amended or

recodified.

(d) "septage" means biosolids composed primarily of human waste from septic tanks.

70.08.020: Land Application of Biosolids.

(a) No Class B biosolids, septage, or sewage sludge shall be applied to any land within the County of Wahkiakum.

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. Each application of a load of

biosolids upon the land shall constitute a separate 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 RCWC 86.16.405, 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 this 26 day of April, 2011.

BOARD OF COUNTY COMMISSIONERS

OF WAHKIAKUM COUNTY, WASHINGTON

---------------------------------------

Lisa M. Marsyla, Chairman

DANIEL L. COTHREN

Daniel L. Cothren, Commissioner

BLAIR H. BRADY

Blair H. Brady, Commissioner

ATTEST:

MARSHA LaFARGE

Marsha LaFarge

Clerk of the Board

APPROVED AS TO FORM this ____ day of April, 2011:

_________________________

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 5 day of May, 2011, pursuant to an Order of the Board of County Commissioners entered in Regular Session on the 26 day of April, 2011.

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

Prosecuting Attorney

RCW 36.32.120

Publish May 5, 2011