Title 6
SANITARY CODE
Chapters:
6.04 Definitions and General Provisions
6.08 Food Service Regulations
6.32 Preliminary Platting Standards
6.44 Weed Control Districts
6.48 Public Docks
6.52 Sludge Utilization and Disposal
6.56 Hazard Communication Program
6.64 Group B Water System Regulations
6.68 Water Adequacy Regulations
6.72 Solid Waste and Biosolids Handling and Facilities Regulations
6.73 Contaminated Properties
6.76 On-Site Sewage Regulations
Chapter 6.04
DEFINITIONS AND GENERAL PROVISIONS
Sections:
6.04.010 Title.
6.04.020 Definitions.
6.04.030 Sanitary code– Jurisdiction and filing.
6.04.040 Enforcement.
6.04.050 Penalties.
6.04.060 Hearings for proposed articles.
6.04.070 Interference with notices.
6.04.080 Regulations supplemental– Supersede prior rules.
6.04.090 Inspections.
6.04.100 Permits.
6.04.110 Fees.
6.04.120 Right of appeal and hearing by petitioner.
6.04.130 Notices, hearing and orders.
6.04.010 Title.
The rules and regulations contained in this title shall be known as the Sanitary Code of the Mason County District Board of Health.
(Ord. 963 (part), 1979; Art. I § 1, of Res. dated July, 1970 and amended November 5, 1970).
6.04.020 Definitions.
(a) "Board of health" means the Mason County Board of Health pursuant to the provisions of RCW Section 70.46.020 (Districts of two or more Counties– Health Board).
(b) "Health department," "department of health" or "department" means the Mason County health department and includes all the territory embraced within Mason County and all cities and towns therein, as defined in RCW Section 70.46.010 (Definitions).
(c) "Health officer" means the district health officer of the Mason County health department as defined in RCW Section 70.46.070 (District Health Officer, etc.) or his duly authorized representative.
(d) "Person" means any individual, firm, corporation, partnership or association and the agents, employees, servants and legal successors thereof or agency of the federal government which is subject to the jurisdiction of the state.
(e) "Sanitary code" or "code" means and comprises the rules and regulations now formulated, promulgated, adopted and subsequently amended by the Mason County District Board of Health pursuant to the provisions of RCW Section 70.46.060 (District Health Board– Duties and Powers).
(Ord. 963 (part), 1979; Art. I § 2 of Res. dated July, 1970 and amended November 5, 1970).
6.04.030 Sanitary code– Jurisdiction and filing.
(a) Jurisdiction. The provisions of the code shall be in force within the jurisdiction of the Mason County District Board of Health as defined in RCW Section 70.46.020 (Districts of two or more counties– Health Board).
(b) Filing. At least one copy with accompanying chapters of RCW and WAC as indicated in separate articles shall be on file in the office of each municipal clerk or auditor within the jurisdiction of the Mason County health department.
(Ord. 963 (part), 1979; Art. I § 3 of Res. dated July, 1970 and amended November 5, 1970).
6.04.040 Enforcement.
It shall be the duty of the Mason County District Health Officer to enforce the provisions of this code, and, in the performance of this duty is hereby authorized to enter, at any reasonable hour, any premises as may be necessary in the enforcement of this code.
(Ord. 963 (part), 1979; Art. I § 4 of Res. dated July, 1970 and amended November 5, 1970).
6.04.050 Penalties.
Any person who violates or refuses or fails to comply with any of the provisions of this code is guilty and subject to punishment pursuant to the provisions of RCW Section 70.06.070 (Violations– Penalties) as follows: "Any person violating any of the provisions of this act or violating or refusing or neglecting to obey any of the rules and regulations of this code shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not less than twenty-five dollars nor more than one hundred dollars or to imprisonment in the county jail not to exceed ninety days or to both fine and imprisonment."(Art. I § 5 of Res. dated July, 1970 and amended November 5, 1970).
6.04.060 Hearings for proposed articles.
Pursuant to the provisions of RCW Sections 70.20.020 (Notices of Regulations), 70.46.060 (District Health Board– Powers and Duties), the health officer shall advertise a hearing for the adoption of proposed articles in this code in a newspaper of general circulation in each of the two counties comprising the health department at least ten days prior to the date of a hearing for the adoption of articles. The advertisement of hearing shall include a summary of the articles proposed to be adopted. The health officer shall provide a sufficient number of copies of the proposed articles to meet the reasonable demands of persons interested therein, and the same shall be available for distribution at least ten days prior to a public hearing held for the adoption of articles. All hearings held under this code for the adoption of articles shall be open to the public and a record of the proceedings kept by the health officer. (Art. I § 6 of Res. dated July, 1970 and amended November 5, 1970).
6.04.070 Interference with notices.
No person shall remove, mutilate or conceal any notice or placard of the health department posted in or on any premises or public place except by permission of the health officer. (Art. I § 7 of Res. dated July, 1970 and amended November 5, 1970).
6.04.080 Regulations supplemental– Supersede prior rules.
The regulations of this code shall be supplemental to the rules and regulations of the State Board of Health, Public Health Law, Penal Law and other Washington State Laws relating to public health and shall, as to matters to which it refers, and within the jurisdiction heretofore prescribed, supersede all prior rules, regulations and standards of the board of health and all local ordinances heretofore or hereafter enacted inconsistent herewith. (Art. I § 8 of Res. dated July, 1970 and amended November 5, 1970).
6.04.090 Inspections.
(a) All premises covered by this code shall be subject to the inspection of the health officer and if any violation of the sanitary code exists on the premises, any permit granted by the health officer may be suspended forthwith.
(b) No person shall refuse to allow the health officer to fully inspect any and all premises entered in the performance of his duty and no person shall molest or resist the health officer in the discharge of his duty. (Art. I § 9 of Res. dated July, 1970 and amended November 5, 1970).
6.04.100 Permits.
(a) All applications for a permit, certificate, inspection or written approval by the health officer as herein required shall be made upon forms prescribed and furnished by the health department and shall be signed by the applicant who shall be the person or authorized agent thereof responsible for conformance to the conditions of the permit, certificate, inspection or written approval by the health officer for which applied. Such application shall contain such data and information and be accompanied by such plans and specifications as may be required by the health officer.
(b) A permit or certificate issued to a particular person or for a designated place, purpose or vehicle shall not be valid for use by any other person or for any other place, purpose or vehicle than that designated therein. Such permit, certificate, inspection or written approval by the health officer may contain general and specific conditions and every person who shall have obtained a permit, certificate, inspection or written approval by the health officer as herein required shall conform to the conditions prescribed in the permit, certificate, inspection or written approval by the health officer and to the provisions of this code. Every such permit or certificate shall expire as stated on the permit or certificate and may be renewed, suspended for cause or revoked by the health officer after due notice and hearing in accordance with Sections 6.04.120 and 6.04.130.
(c) Notice in Writing by Health Officer of Violation. Whenever, upon inspection of any public establishment, sanitary facility or utility, the health officer finds that conditions or practices exist which are in violation of any provision of the sanitary code, the health officer shall give notice in writing in accordance with Section 6.04.130(a) to the person to whom the permit or certificate was issued that unless such conditions or practices are corrected within a reasonable period of time specified in the notice by the health officer, the permit or certificate shall be suspended. At the end of such period, the health officer shall make another inspection and, if such conditions or practices are corrected within a reasonable period of time specified in the notice by the health officer, the permit or certificate shall be suspended. At the end of such period, the health officer shall make another inspection and, if such conditions or practices have not been corrected, he shall suspend the permit or certificate and give notice in writing of such suspension to the person to whom the permit or certificate is issued. Upon receipt of notice of such suspension, such person shall cease operation except as provided in Section 6.04.130 (b). (Art. I § 10 of Res. dated July, 1970 and amended November 5, 1970).
6.04.110 Fees.
All fees collected under the provisions of this code contained herein shall be payable to the Mason County health department and credited to the public health pooling fund to aid in carrying out the provisions of the sanitary code pursuant to provisions of RCW Sections 70.46.050 and 70.46.060 (Local Health Board– Duties and Powers) (Local Health Officer– Power and Duties).
(Ord. 963 (part), 1979; Art. I § 11 of Res. dated July, 1970 and amended November, 1970).
6.04.120 Right of appeal and hearing by petitioner.
Any person whose permit or certificate has been denied, suspended or revoked by the health officer may request and shall be granted a hearing on the matter before the Mason County district board of health pursuant to Section 6.04.130.
(Ord. 963 (part), 1979; Art. I § 12 of Res. dated July, 1970 and amended November 5, 1970).
6.04.130 Notices, hearing and orders.
(a) Notice of Violation. Whenever the health officer determines that there are reasonable grounds to believe that there has been a violation of any provision of the sanitary code, the health officer shall give notice of such alleged violation to the person to whom the permit or certificate was issued, as hereinafter provided. Such notice shall:
(1) Be in writing;
(2) Include a statement of the reason for its issuance;
(3) Allow a reasonable time for the performance of any act it requires;
(4) Be served upon the owner or his agent as the case may require; provided, that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been sent by registered mail to his last known address, or when he has been served with such notice by any method authorized or required by the laws of this state;
(5) Contain an outline of remedial action which, if taken, will effect compliance with the provisions of the sanitary code.
(b) Hearing. Any person affected by any notice which has been issued in connection with the enforcement of any provision of the sanitary code, may request and shall be granted a hearing on the matter before the health officer; provided, that such person shall file in the office of the health officer a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within ten days after the day the notice was served. The filing of the request for a hearing shall operate as a stay of the notice and of the suspension except in the case of an order issued under subsection (e) of this section. Upon receipt of such petition, the health officer shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than ten days after the day on which the petition was filed; provided, that upon application of the petitioner the health officer may postpone the date of the hearing for a reasonable time beyond such ten-day period when in his judgment the petitioner has submitted good and sufficient reasons for such postponement.
(c) Order in Writing. After such hearing the health officer shall make findings as to compliance with the provisions of this chapter and shall issue an order in writing sustaining, modifying or withdrawing the notice which shall be served as provided in subsection (a) (4) of this section. Upon failure to comply with any order sustaining or modifying a notice, the permit or certificate affected by the order shall be revoked.
(d) Recording of Proceedings. The proceedings at such a hearing, including the findings and decision of the health officer, and together with a copy of every notice and order related thereto shall be entered as a matter of public record in the office of the health officer, but the transcript of the proceedings need not be transcribed unless judicial review of the decision is sought as provided by this section. Any person aggrieved by the decision of the health officer may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this state.
(e) Emergency Requiring Immediate Action. Whenever the health officer finds that an emergency exists which requires immediate action to protect the public health, he may without notice or hearing issue an order reciting the existence of such an emergency and requiring that such action be taken as he may deem necessary to meet the emergency including the suspension of the permit or certificate. Notwithstanding any other provisions of this chapter, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon petition to the health officer shall be afforded a hearing as soon as possible. The provisions of subsections (c) and (d) of this section shall be applicable to such hearing and the order issued thereafter. (Art. I § 13 of Res. dated July, 1970 and amended November 5, 1970).
Chapter 6.08 Sections:
6.08.010 Authority.
6.08.020 Scope and purpose.
6.08.030 Definitions.
6.08.040 Adoption by reference.
6.08.050 Interpretation.
6.08.060 Toilet and handwashing facilities.
6.08.070 Permit.
6.08.080 Permit– Suspension.
6.08.090 Permit– Revocation.
6.08.100 Service of notice.
6.08.110 Inspection.
6.08.120 Examination of food and hold order.
6.08.130 Closure.
6.08.140 Emergent health hazard.
6.08.150 Civil penalty.
6.08.160 Criminal penalty.
6.08.170 Variance/appeal.
* Prior resolution history: Resos. dated July, 1970, and amended November, 1979; 963 and 149-81.
6.08.010 Authority.
The regulation codified in this chapter is adopted by the Mason County board pursuant to the authority vested in it by RCW 70.05.060, Chapter 70.46 RCW and Chapter 248-84 WAC.
(Res. 68-96 (part), 1996: § 1 of Ord. dated 3/22/93).
6.08.020 Scope and purpose.
This chapter is adopted to protect the health and safety and well-being of the public and to prevent the spread of disease and apply to all food establishments located in Mason County.
(Res. 68-96 (part), 1996: § 2 of Ord. dated 3/22/93).
6.08.030 Definitions.
The following definitions shall apply in the interpretation and enforcement of this chapter:
"Board" means the Mason County board of health.
"Critical items" means those items on form DOH 334-001 (Rev. 6/92) or its successor forms as hereafter modified, revised or amended, dealing with time-temperatures, personal hygiene of foodworkers, approved source of foods, and/or protection of food from contamination, which if violated, will contribute to the causation of a foodborne illness.
"DOH" means the Washington State Department of Health.
"Food service establishment" means and includes, but is not limited to any restaurant; snack bar; tavern; bar; nightclub; industrial feeding establishment; grocery store; retail meat market; retail fish market; retail baker; delicatessen; mobile food service unit; temporary food-service establishment; private, public, or nonprofit organization routinely serving food; catering kitchens; commissary or similar place in which food or drink is prepared for sale or for service on the premises or elsewhere; and other establishment or operation where food is served or provided for the public with or without charge.
"Health officer" means the Mason County Health Officer, or his/her authorized representative.
"Permit" means the written authorization by the Health Officer for a food establishment to operate designating such food-service establishments as having met the requirements of these regulations.
"Person" means an individual or a firm, or a corporation, a trusteeship, an association, or any public or private entity.
"Potentially hazardous food" means any natural or synthetic edible item, material or ingredient in a form supporting rapid and progressive growth of infectious or toxigenic microorganisms or the slower growth of Clostridium botulinum, and as further defined and delineated in WAC 246-215-010(40).
(Res. 68-96 (part), 1996: § 3 of Ord. dated 3/22/93).
6.08.040 Adoption by reference.
(a) This chapter does adopt as minimum requirements, WAC 246-215 "Rules and Regulations of the State Board of Health for Food Service Sanitation" adopted 1991, and any subsequent amendments. When a section of these regulations conflicts with WAC 246-215, these regulations shall apply. Copies of WAC 246-215 shall be kept on file at the health department office and made available to the public upon request.
(b) This chapter does adopt as minimum requirements, "Mason County Health Department Plan Review Procedures and Equipment Specifications for Food Service Establishments" in their present form and as hereafter amended. Copies of said document shall be kept on file at the health department office and made available to the public upon request.
(c) This chapter does adopt as minimum requirements, "Mason County Health Department Requirements for Temporary Food Establishments and Functions" in their present form and as hereafter amended. Copies of said document shall be kept on file at the health department office and made available to the public upon request.
(Res. 68-96 (part), 1996: § 4 of Ord. dated 3/22/93).
6.08.050 Interpretation.
This chapter shall be enforced, where applicable, in accordance with the interpretations contained in the 1976 edition of the United States Public Health Service, "Food Service Sanitation Manual." When a section of this chapter conflicts with the "Food Service Sanitation Manual" or WAC 246-215, this chapter shall apply.
(Res. 68-96 (part), 1996: § 5 of Ord. dated 3/22/93).
6.08.060 Toilet and handwashing facilities.
Newly constructed or renovated food-service establishments involved in the preparation and retail sale of potentially hazardous food shall provide toilet and handwash-ing facilities for public use. Said facilities shall be conveniently located for public use so that entrance will not require walking through food preparation areas.
(1) Toilet fixtures shall be of sanitary design and easily cleanable. Toilet facilities, including rooms and fixtures, shall be kept in a clean condition and in good repair. Toilet tissue shall be provided. Easily cleanable receptacles shall be provided for waste materials, and one such receptacle in the women's toilet room shall be covered.
(2) Lavatories shall be at least the number required by law, shall be installed according to law, and shall be located to permit convenient use by all employees in food preparation areas and utensil washing areas. Lavatories shall be located in or immediately adjacent to toilet rooms or vestibules and equipped with hot and cold or tempered running water, handwashing soap or detergent, and single-use or approved sanitary towels or other approved hand-drying devices. Lavatories for employees use shall be accessible to employees at all times.
(Res. 68-96 (part), 1996: § 6 of Ord. dated 3/22/93).
6.08.070 Permit.
(a) No person shall operate a food-service establishment who does not have a valid permit issued to him/her by the health officer.
(b) No permit shall be transferable or assignable nor shall any permit entitle the holder thereof to conduct the business in any place other than that specified on the permit.
(c) Any person desiring to operate a food-service establishment shall make written application for a permit on forms provided by the health officer. An inspection will be required by the health officer prior to opening for all new establishments to determine compliance with this regulation. An inspection may be required for the renewal of the food-service establishment permit.
(d) The permit and reinspection fees for food-service establishments shall be established by the board.
(Res. 68-96 (part), 1996: § 7 of Ord. dated 3/22/93).
6.08.080 Permit– Suspension.
(a) Food-service establishments shall immediately cease all food-service operations and close to the public upon permit suspension.
(b) The health officer after proper service of notice as described in Section 6.08.100 of this chapter, may suspend the food-service establishment permit when the health officer determines one of the following occurs:
(1) The total demerit score of the establishment is more than seventy, using form DOH 334-001 (Rev. 6/92) or its successor forms as hereafter modified, revised or amended;
(2) The critical-item demerit score of the establishment is more than sixty, using form DOH 334-001 (Rev. 6/92) or its successor forms as hereafter modified, revised or amended;
(3) The same violation occurs during three consecutive inspections, using form DOH 334-001 (Rev. 6/92) or its successor forms as hereafter modified, revised or amended;
(4) The operation of the food-service establishment otherwise constitutes an imminent health hazard such as, but not limited to, a lack of potable running water; a lack of facilities to maintain potentially hazardous foods at required temperatures; a sewage system malfunction; fire or flood;
(5) The holder of the permit fails to comply with the time limits set by the health officer for correction of violations;
(6) The holder of the permit refuses to sign or fails to comply with an order to destroy a potentially hazardous food item determined by the health officer to be unfit for consumption;
(7) The holder of the permit interferes with the health officer in the performance of his duty.
(c) An opportunity for hearing with the health officer shall be provided if a written request for hearing is filed by the holder of the permit within five working days of the service of notice described in Section 6.08.100. If no written request for hearing is filed within five working days, the suspension is sustained. Prior to the hearing, the permit for the establishment shall remain in suspension, and the establishment shall remain closed to the public.
(d) Any person whose permit has been suspended, may at any time, make application for a reinspection for the purpose of reinstatement of the permit. Upon receipt of a request for reinspection, which must include a statement signed by the applicant that in his/her opinion the conditions causing suspension of the permit have been corrected, the health officer shall make a reinspection. If the applicant is complying with the requirements of this chapter, the permit shall be reinstated; however, in no case shall an establishment be closed for a period less than twenty-four hours.
(Res. 68-96 (part), 1996: § 8 of Ord. dated 3/22/93).
6.08.090 Permit– Revocation.
(a) The health officer may revoke a permit for repeated violations of any of the requirements of this chapter or for repeated interference with the health officer in the performance of his duty.
(b) Prior to revocation, the health director shall notify in writing the holder of the permit or the person in charge of the establishment, the specific reason for revocation.
(c) The effective date of revocation shall be ten working days following service of notice as described in Section 6.08.100. If a written request for a hearing is filed with the health officer within this ten-day period, the revocation shall not take place until after the date of the hearing and after being sustained by the board.
(d) Any person whose permit has been revoked may make a written application for the purpose of obtaining a new permit. A hearing will be provided before the health officer to determine if a new permit shall be reissued, however in no case shall a permit be revoked for less than six months.
(Res. 68-96 (part), 1996: § 9 of Ord. dated 3/22/93).
6.08.100 Service of notice.
Any notice in this chapter is properly served when it is delivered to the holder of the permit, the person in charge, posted on the premises, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit. A copy of the notice shall be filed in the records of the health officer.
(Res. 68-96 (part), 1996: § 10 of Ord. dated 3/22/93).
6.08.110 Inspection.
(a) Any inspection of a food-service establishment shall be performed as often as is necessary in the opinion of the health officer, for the enforcement of this chapter.
(b) The health officer, after presentation of proper identification, shall be permitted to enter any food-service establishment, at any reasonable time after providing notice to the owner/operator or person in charge, for the purpose of making inspections to determine compliance with this chapter. The health officer shall be permitted to examine the records of the establishment to obtain information pertaining to food and supplies purchased, received, or used and to any person employed and to interview any employee of the establishment to obtain pertinent information regarding an illness investigation or other matters which may affect health or the reinforcement of this chapter.
(c) Whenever an inspection of a food-service establishment is made, the findings shall be recorded on inspection report form DOH 334-001 (Rev. 6/92) or its successor forms as hereafter modified, revised or amended. A copy of the completed inspection report form shall be furnished to the person in charge of the food-service establishment at the conclusion of the inspection and shall constitute legal notice. The completed inspection report form shall state specific violations found and establish a specific and reasonable period of time for correction.
(d) All critical items as noted on the inspection form must be corrected immediately.
(e) All other items in violation will be corrected prior to the next routine inspection, unless a compliance schedule is established, listing items to be corrected with specific and reasonable time period allowed to correct said items. The compliance schedule will be dated and signed by the health officer and the owner/operator or person in charge of said food-service establishment. A compliance schedule is a contract and is considered to be a binding agreement between the food-service establishment and the health department.
(Res. 68-96 (part), 1996: § 11 of Ord. dated 3/22/93).
6.08.120 Examination of food and hold order.
(a) Food may be examined or sampled for laboratory analysis by the health officer as often as necessary for enforcement of this chapter.
(b) The health officer may, upon written notice to the owner or person in charge, place a written hold order on any food which he determines, or has probable cause to believe, to be unwholesome or otherwise adulterated, mislabeled, contaminated, spoiled, or stored at temperatures not in compliance with this chapter, or from an unapproved source.
(1) The health officer shall tag, label, or otherwise identify any food subject to the hold order.
(2) No food subject to a hold order shall be used, served or moved from the establishment.
(3) The health officer shall permit storage of the food under conditions specified in the hold order, unless storage is not possible without risk to the public health, in which case immediate destruction will be ordered and accomplished.
(4) The hold order shall state that a written request for hearing may be filed with the health officer within ten calendar days, and that if no hearing is requested and if the health officer does not vacate the hold order, then the food shall be destroyed under supervision of the health officer.
(5) On the basis of evidence produced at the hearing, the hold order may be vacated, or the owner or person in charge of the food may be directed by written order to denature or destroy such food or to bring it into compliance with the provisions of this chapter.
(Res. 68-96 (part), 1996: § 12 of Ord. dated 3/22/93).
6.08.130 Closure.
Any business or other food service establishment found to be in violation of this chapter as determined by the health officer is declared to be a public nuisance and subject to immediate abatement, including closure of such establishment, by the health officer. Where practical, at least twenty-four hours' notice of the closure of an establishment shall be served in the manner provided for in Section 6.08.100 of this chapter; provided, however, that when in the judgement of the health officer an immediate hazard to public health exists, no advance notice shall be necessary.
(Res. 68-96 (part), 1996: § 13 of Ord. dated 3/22/93).
6.08.140 Emergent health hazard.
In the event of a fire, flood, or similar event that might result in the contamination of food, or that might prevent potentially hazardous and/or perishable food from being held at required temperatures, the person in charge shall immediately contact the health officer. Upon receiving notice of this occurrence, the health officer shall take whatever action deemed necessary to protect the public health.
(Res. 68-96 (part), 1996: § 14 of Ord. dated 3/22/93).
6.08.150 Civil penalty.
In addition to or as an alternative to any other judicial or administrative remedy provided herein, or by law, any person or establishment who violates this chapter or by each act of commission or omission procures, aids or abets such violation, may be assessed a civil penalty not to exceed fifty dollars for each day of continuous violation to be directly assessed by the health officer until such violation is corrected. The per diem penalty shall double for the second separate violation and triple for the third and subsequent separate violations of the same chapter within any five-year period.
(Res. 68-96 (part), 1996: § 15 of Ord. dated 3/22/93).
6.08.160 Criminal penalty.
In addition to or as an alternative to any other judicial or administrative remedy provided herein, or by law, any person who violates this chapter or by each act of commission or omission procures, aids or abets such violation, shall, upon conviction, be guilty of a misdemeanor. For purposes of this chapter, each section violated shall constitute a separate and distinct offense, and each day's violation shall constitute a separate and distinct offense. Penalty, upon conviction, shall be punishable by a fine of not more than five hundred dollars, or by imprisonment for not more than ninety days, or both such fine and imprisonment.
(Res. 68-96 (part), 1996: § 16 of Ord. dated 3/22/93).
6.08.170 Variance/appeal.
(a) A variance may be granted by the health officer from any section or sections of this chapter covering physical facilities and equipment standards when no health hazard would exist as a result of this action and the variance is consistent with the intent of this chapter and Chapter 246-215 WAC. The health officer shall schedule a hearing board within fourteen days of receipt of the appeal, and shall notify appellant of the date, time and location of the hearing.
(b) Actions and determinations of the health officer may be appealed to the board within ten days of notice of said action or determination. The health officer shall schedule a hearing with the board within thirty days of receipt of the appeal, and shall notify appellant of the date, time and location of the hearing.
(Res. 68-96 (part), 1996: § 17 of Ord. dated 3/22/93).
Chapter 6.32 Sections:
6.32.010 Purpose.
6.32.020 Definitions.
6.32.030 Information required.
6.32.040 Filing fee schedule.
6.32.050 Minimum lot size for subdivisions.
6.32.060 Public water supply.
6.32.070 Individual lot wells.
6.32.080 Waiver of regulations.
6.32.010 Purpose.
The purpose of this chapter is to:
(a) Complement the Mason County platting ordinance;
(b) Provide standards by which the county health office can evaluate preliminary plats, final plats and short plats;
(c) Comply with WAC 248-96; and
(d) Protect the public health.
(Res. 1162 (part), 1980: Art. VIII (part) of Res. dated July, 1970 and amended November 5, 1970).
6.32.020 Definitions.
(a) "On-site sewage disposal system" means any system of piping, treatment devices, or other facilities that convey, store, treat, or dispose of sewage on the property where it originates or on adjacent or nearby property under the control of the user where the system is not connected to a public sewer system.
(b) "Public sewer system" means sewerage system which is owned or operated by a city, town, municipal corporation, county, political subdivision of the state, or other approved ownership consisting of a collection system and necessary trunks, pumping facilities and a means of final treatment and disposal and under permit from the Department of Ecology.
(c) "Public water supplies" means any system of water supply intended or used for human consumption or other domestic uses, including source, treatment, storage, transmission and distribution facilities where water is furnished to any community, collection or number of individuals, or is made available to the public for human consumption or domestic use, but excluding water supplies serving one single family residence.
(d) "Secretary" means the secretary of the state department of Social and Health Services or his authorized representative.
(e) "Subdivision" means a division of land, as defined in RCW Chapter 58.17, now or as hereafter amended.
(f) "Surface water" means any body of water, whether fresh or marine, or watercourse, including lakes, impoundments and streams.
(Res. 1162 (part), 1980: Art. VIII § 1 of Res. dated July, 1970 and amended November 5, 1970).
6.32.030 Information required.
(a) Preliminary Plat.
(1) A topographical map shall be incorporated into the preliminary plat drawing showing contours as specified by the health officer but shall be at least five-foot contours to be extended at least one hundred feet beyond the boundaries of the proposed subdivision unless specifically waived by the health officer in coordination with the county planning director.
(2) A minimum of one representative soil log and percolation test per acre or tract larger than one acre shall be submitted.
(3) All surface water and wells located in or within one hundred feet of the subdivision shall be shown.
(b) Final Plat.
(1) Evidence shall be submitted that all requirements of preliminary plat approval have been met.
(c) Short Plats.
(1) A minimum of one representative soil log and percolation test per acre or per tract for tracts larger than one acre shall be submitted.
(2) All surface water and wells located in or within one hundred feet of the subdivision shall be shown.
(d) All percolation tests and soil logs shall be performed by or under the direct supervision of a registered sanitarian, professional engineer or approved designer.
(e) If a sufficient amount of information is not available on water table conditions, the health officer can require that percolation tests and soil logs be conducted during the months of suspected high water table conditions.
(f) All soil tests shall be conducted in accordance with the Department of Social and Health Service "Interim Soil Evaluation Guidelines," except that all soil shall be to a point three feet below the bottom of proposed absorption trenches.
(g) All soil log holes shall be made available for the health officer's inspection. The health officer shall be notified when the holes have been prepared and shall make the inspection within one week of such notification. The holes shall be closed within one week following the inspection.
(h) When a sewage system utilized by two or more lots is proposed, the soil testing requirements shall be as required in Chapters 6.24 and 6.28 and WAC 248-96. The system shall be completed prior to recording of the subdivision or a performance bond or moneys on deposit shall be required in the same manner as required for water systems in subsections (d) and (e) of Section 6.32.060 except the estimates shall be submitted by a licensed professional engineer, licensed designer, or registered sanitarian.
(Res. 1162 (part), 1980: Art. VIII of Res. dated July, 1970 and amended November 5, 1970).
6.32.040 Filing fee schedule.
(a) A plat with individual lot sewage systems or individual lot wells, or, with both installations on each lot shall submit a filing fee of one dollar per lot for each plat or subdivision of a plat submitted at the time of submitting the engineering report forms and maps. A minimum fee of twenty-five dollars shall be submitted for any one plat, additional division of a plat or replat with individual lot installations.
(b) A plat to be served by a public sewage works and public water supply shall submit a minimum filing fee of twenty-five dollars for any one plat, additional subdivision.
(c) A short plat fee of fifty dollars shall be required.
(Res. 1162 (part), 1980: Art. VIII § 3 of Res. dated July, 1970 and amended November 5, 1970).
6.32.050 Minimum lot size for subdivisions.
One of the following methods shall be used for determining lot sizes when on-site sewage disposal is used:
(a) Method (1).
Table 1
Minimum Lot Sizes
Water Supply
FOOD SERVICE REGULATIONS*
PRELIMINARY PLATTING STANDARDS
| 1 | 2 | 3 | 4 | 5 | 6 | |
| Public | 1*acre | 12,500 sq.ft. | 15,000 sq.ft. | 18,000 sq.ft. | 20,000 sq.ft. | - |
| Individual Each Lot | 2*acre | 1 acre | 1 acre | 1 acre | 2 acre | - |
Soil Type
| Soil Type | Drainage | Percolation Rate | General Soil Classification |
| 1 | Excessive | Less than 1 minutes/inch | Gravel, coarse sand, cobbles |
| 2 | Good | 1– 4 minutes/inch | Sandy soil, some loam, some gravel |
| 3 | Fair | 5– 9 minutes/inch | Finer sand and/or silt, few gravels |
| 4 | Poor | 10– 19 minutes/inch | Mostly silt or clay some sand and shot clay |
| 5 | Marginal | 20– 29 minutes/inch | Silt or clay |
| 6 | Unacceptable | Over 30 minutes/inch | Gumbo, rock, hardpan, clay pan |
* Lot sizes for soil type 1 can be reduced by the health officer if engineering justification can be provided that shows significant adverse effects on groundwater quality will not occur; however, in no case shall the reduced size be less than that for soil type 2.
** The requirements for percolation tests may be waived by the health officer if existing soils information, such as soil logs, soil maps and Soil Conservation Service data is sufficient to accurately classify soils.
Method 1 shall not be used in subdivisions with less than four feet of permeable soil or greater than fifteen percent slope.
(b) Method (2). On-site sewage disposal systems shall be installed on lots, parcels, or tracts that have a sufficient amount of area with proper soils to adequately retain and treat sewage on-site, taking into consideration those factors outlined in subsection (3) of this section, then minimum lot size will be established by the health officer on the basis of information submitted. Factors that must be considered when determining minimum lot size include but are not limited to the following:
(1) Soil type and depth;
(2) Area drainage, lot drainage;
(3) Protection of surface and ground waters;
(4) Setbacks from property lines, water supplies, etc.;
(5) Source of domestic water;
(6) Topography, geology and groundcover;
(7) Climatic conditions;
(8) Availability of public sewers;
(9) Activity or land use, present and anticipated;
(10) Growth patterns;
(11) Individual and accumulated gross effects on water quality;
(12) Reserve areas for additional subsurface disposal;
(13) Anticipated sewage volume.
(c) Method (3). If the lot or lots are within the jurisdiction of an approved sewer utility which will provide maintenance and operation responsibility and replacement of systems as necessary, then minimum lot sizes shall be established jointly between the sewer utility, the local health, planning, established county public works departments, and other applicable local agencies.
(Res. 1162 (part), 1980: Art. VIII § 4 of Res. dated July, 1970 and amended November 5, 1970).
6.32.060 Public water supply.
This section applies to proposed plats or short plats that require public water supplies as determined in Section 6.32.050.
(a) All public water supply systems shall comply with WAC 248.54.
(b) All potable water sources shall be developed, tested for quality and quantity, and available to the plat or short plat prior to the approval and filing of the plat or short plat.
(c) All public water supply systems shall be installed or bonded for completion prior to the approval and filing of the plat or short plat.
(d) A performance bond shall be provided in favor of the county health department as an alternate to complete installation of a public water supply prior to approval and filing of the final plat or issue of the site approval for short plat. Any such bond shall guarantee that construction will be completed within one year of final plat approval. The bond shall be from a reputable bonding company, on a satisfactory form and in an amount based on an estimate prepared by a licensed professional engineer for class 1, 2, and 3 water systems and by the installer for class 4 water systems plus thirty-five percent. All of the above shall be to the satisfaction of the department of Social and Health Services, the health officer and legal counsel for the health department. As a condition precedent to acceptance of a bond, the water source shall be provided, proven and approved; the water source shall also be tested bacteriologically and chemically.
(e) Preliminary to bonding an itemized list of materials shall be submitted with the water system plans to the Department of Social and Health Services or local health department, as appropriate.
(f) Moneys on deposit for completion of the water system may be provided in lieu of a bond if confirmed in writing by a reputable financing firm to the satisfaction of the health officer and legal counsel for the health department.
(g) Completion of the water system (including availability of water to each lot) shall be provided within one year after final recording of the plat.
(Res. 1162 (part), 1980: Art. VIII § 5 of Res. dated July, 1970 and amended November 5, 1980).
6.32.070 Individual lot wells.
To meet the standard of the chapter the subdivider of a subdivision with larger lots with a well for each individual lot must designate on the final recorded document the general location of each well and septic tank system.
(Res. 1162 (part), 1980: Art. VIII § 6 of Res. dated July, 1980 and amended November 5, 1980).
6.32.080 Waiver of regulations.
(a) Review for subdivisions served by existing sewage systems and water systems may be waived by the health officer.
(b) Whenever a strict interpretation of these regulations would result in extreme hardship, the health officer may waive such regulation or portion thereof; provided, that the waiver is consistent with the intent of these regulations and that no public health hazard will result. Those regulations adopted in compliance with WAC 248-96 will also require the concurrence of the Secretary.
(Res. 1162 (part), 1980: Art. VIII § 7 of Res. dated July, 1970 and amended November 5, 1970).
Chapter 6.44 Sections:
6.44.010 Established– Board created.
6.44.010 Established– Board created.
There is created a Mason County weed control district, pursuant to RCW 15.09.040. The county is divided into five districts whose boundaries are mapped and described in records on file with the auditor and clerk of the board of county commissioners. One voting member from each district is to be appointed to the Mason County weed control board, who, together with the Mason County extension agent, will comprise the membership of the board.
(Res. 482, 1975).
Chapter 6.48 Sections:
6.48.010 Declaration of necessity.
6.48.020 Prohibited acts designated.
6.48.030 Violation– Penalty.
6.48.010 Declaration of necessity.
The board of Mason County finds that it is necessary for the protection and welfare of the general public in regard to the proper use of public port facilities at Hoodsport, Washington, that certain rules and regulations be established.
(Ord. 867 § 1.01, 1978).
6.48.020 Prohibited acts designated.
(a) It is unlawful for any craft or vessel to be moored or anchored at any docks or adjacent waterways for more than twelve consecutive hours without specific written permission by one or more members of the Hoodsport port commission.
(b) It is unlawful to deposit, place, discharge, throw or allow to accumulate any refuse, animal or human waste.
(c) It is unlawful for any person, firm or corporation to allow the collection of personal property which impedes the use of the public docks. Such personal property includes but is not necessarily limited to fishing nets, diving or water ski equipment.
(Ord. 867 § 2.01, 1978).
6.48.030 Violation– Penalty.
(a) Violation of this chapter constitutes a misdemeanor by a five hundred dollar fine or ninety days in the county jail or both.
(b) A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
(Ord. 867 § 3.01, 1978).
Chapter 6.52 Sections:
6.52.010 Permit required.
6.52.020 Permit issuance procedures.
6.52.010 Permit required.
Any person, corporation, or other entity desiring to dispose of or utilize sludge in the unincorporated areas of Mason County shall first obtain a permit as required by the regulations of the Mason County board of health.
(Ord. 189-81 (part), 1981).
6.52.020 Permit issuance procedures.
Before the health department issues the necessary permit or any other authorizing document, the health department shall present its recommendation for issuance to the Mason County commissioners who shall hold a public hearing to consider the issuance of said permit and who shall have the authority to approve or deny the issuance of the permit or other authorizing document.
(Ord. 189-81 (part), 1981).
Chapter 6.56 Sections:
6.56.010 Established– Responsibilities of officials– Implementation.
6.56.010 Established– Responsibilities of officials– Implementation.
The following hazard communication program is established for Mason County:
(1) The department head/elected official of each individual department will be responsible for carrying out the provisions of Hazard Chemical Standards as specified in WAC 296-62-054. This will include:
(A) Container labeling;
(B) Material safety data sheets;
(C) Employee training and information.
(2) Each department head/elected official will be responsible for providing the following:
(A) List of all known hazardous chemicals located in the department;
(B) A written procedure for employees to follow concerning hazardous nonroutine tasks;
(C) Providing information to any contractor hired by the department of the hazardous chemicals the contractor's employees may be exposed to while on the job site and precautions for the contractors' employees to follow.
(3) All departments of Mason County are included within this program. A written program that outlines the procedures for implementation of all the steps listed above will be available in each department for review by any interested employee.
(Res. 42-86, 1986).
Chapter 6.64 Sections:
6.64.010 Authority.
6.64.020 Purpose.
6.64.030 Administration.
6.64.040 Definitions.
6.64.050 Applicability.
6.64.060 Minimum standards and adoption by reference.
6.64.070 Certified water system designers.
6.64.080 Monitoring.
6.64.090 Enforcement.
6.64.100 Appeals.
6.64.110 Waiver.
6.64.010 Authority.
Pursuant to the authority of Chapters 43.20, 43.70, 70.05, 70.116, 70.119A and 70.142 RCW, this chapter is established as minimum requirements of the Mason County board of health, governing Group B public water systems in Mason County.
(Res. 68-96 (part), 1996: § 1 of Ord. dated 3/3/94).
6.64.020 Purpose.
The purpose of this chapter is to assure protection of public health by:
(1) Minimizing the potential for public exposure to unsafe drinking water;
(2) Establishing location, design, installation and management requirements for public water systems to accommodate safe and reliable drinking water sources.
(Res. 68-96 (part), 1996: § 2 of Ord. dated 3/3/94).
6.64.030 Administration.
The Mason County health services director, through the authority delegated by the Mason County board of health and the Mason County health officer shall administer this chapter. Fees may be charged for this administration.
(Res. 68-96 (part), 1996: § 3 of Ord. dated 3/3/94).
6.64.040 Definitions.
The definitions of terms in Chapter 246-290 WAC are adopted and incorporated by reference. In addition, the following definitions shall also apply in this chapter:
"Board" means the Mason County board of health.
"Department" means the Mason County department of health services.
"Director" means the Mason County director of health services or an authorized member of the health department staff.
"Group B water system" means water system consisting of two to nine connections and/or serving less than twenty-five people for sixty days or more/year.
"Purveyor" means an agency, subdivision of the state, municipal corporation, firm, company, mutual, or cooperative association, institution, partnership or person or other entity owning or operating a public water system. Purveyor also means the authorized agents of such entities.
"Water system owner" means the owner of the system or the designated manager of the system.
(Res. 68-96 (part), 1996: § 4 of Ord. dated 3/3/94).
6.64.050 Applicability.
This chapter shall apply to all Group B water systems except the following:
(a) Existing nonexpanding Group B water systems. However, this chapter shall be applied to the maximum extent feasible for the water system and the appropriate permits shall be required.
(b) Where any of the requirements of this chapter conflict with one another or with any requirements of other state or local drinking water regulations, the more stringent requirement shall apply.
(Res. 68-96 (part), 1996: § 5 of Ord. dated 3/3/94).
6.64.060 Minimum standards and adoption by reference.
(a) Chapter 246-290 WAC, Drinking Water Regulations as presently constituted and as hereafter amended, is adopted and incorporated by reference in this chapter as minimal standards governing the location, design, operation and monitoring of Group B public water systems in Mason County. Copies of said document shall be kept on file and made available for public inspection at the department office.
(b) Standards for design and construction shall be established and maintained by the department. Said standards shall be called "Mason County Department of Health Services Design and Construction Standards for Group B Water Systems," and shall, upon completion, apply to all Group B water systems. Copies of said document shall be kept on file and made available for public inspection at the department office.
(c) Permits shall be required prior to any construction of any Group B water system well. Permits shall be valid for two years from their inspection date. Permit fees shall be charged according to the "Mason County Department of Health Services Fee Schedule." Copies of said document shall be kept on file and made available for public inspection at the department office.
(Res. 68-96 (part), 1996: § 6 of Ord. dated 3/3/94).
6.64.070 Certified water system designers.
(a) Any work associated with the design of a new Group B water system within Mason County shall be performed by a designer certified by the department except when one of the following conditions is met:
(1) The system is designed by a professional engineer licensed in the state of Washington under Chapter 18.43 RCW.
(2) The system is designed by a designer certified by Thurston County health department or Bremerton-Kitsap County health district.
(b) The departmental requirements for designer certification are as follows:
(1) Prior to issuance of certificate to person, the director shall require written examination of the applicant's knowledge of sanitary principles and rules, regulations, laws and ordinances affecting public health and safety with respect to public water systems.
(2) The initial certificate fee shall be in accordance with the adopted fee schedule. At the end of each calendar year, all certificates shall expire. Certificates may be renewed for a fee established by the adopted fee schedule. A designer's certificate shall not be transferable.
(c) A designer's certificate may be suspended by the director for a period not to exceed thirty days for incompetency, negligence, misrepresentation, or for failure by the holder to comply with any other requirement of this chapter, unless the health officer feels a decision on revocation is needed.
(d) A designer's certificate may be revoked by the director for a period not to exceed one year for serious or repeated violations of any of the requirements of this chapter, using the following procedure:
(1) To revoke a designer's certificate, the director shall notify the designer in writing, stating the reason for which the designer's certificate is subject to revocation and schedule a hearing with the health officer.
(2) The director may suspend the designer's certificate pending the hearing with the health officer.
(e) Any designer whose certificate has been revoked will be required to take the written examination again before issuance of a new designer's certificate.
(Res. 68-96 (part), 1996: § 7 of Ord. dated 3/3/94).
6.64.080 Monitoring.
(a) The water system owner shall assure that water samples are submitted for testing as outlined in Chapter 246-290 WAC, according to the schedule established by the department.
(b) If the water system owner fails to perform the necessary testing in a timely and satisfactory manner, the department may collect for testing and bill in accordance with the current fee schedule. Failure to pay for the collection and testing of the water will result in the status of noncompliance for the water system and enforcement proceedings as set forth in Section 6.64.090 of this chapter.
(Res. 68-96 (part), 1996: § 8 of Ord. dated 3/3/94).
6.64.090 Enforcement.
(a) It is unlawful for a purveyor to provide water from, use or maintain an unapproved Group B water system.
(b) No purveyor shall use, maintain, or expand a Group B water system except in a manner that is appropriate to the design of the system as approved by the department.
(c) Public Nuisance. All violations of this chapter are determined to be unlawful and declared to be detrimental to the public health, safety and welfare, and are public nuisances. All conditions which render any building, structure, premises, land use or portion thereof to be used or maintained in violation of this chapter shall be abated if provisions for their continuance made pursuant to this chapter are not satisfied.
(d) Civil Penalties. In addition to or as an alternative to any other judicial or administrative remedy provided herein, or by law, any water purveyor, person or establishment who violates this chapter or by each act of commission or omission procures, aids or abets such violation, may be assessed a civil penalty not to exceed fifty dollars for each day of continuous violation to be directly assessed by the health officer until such violation is corrected. The per diem penalty shall double for the second separate violation and triple for the third and subsequent separate violations of the same chapter within any five-year period.
(e) Criminal Penalties. In addition to or as an alternative to any other judicial or administrative remedy provided herein, or by law, any water purveyor or person who violates this chapter or by each act of commission or omission procures, aids or abets such violation, shall, upon conviction, be guilty of a misdemeanor. For purposes of this chapter, each section violated shall constitute a separate and distinct offense, and each day's violation shall constitute a separate and distinct offense. Penalty, upon conviction, shall be punishable by a fine of not more than five hundred dollars, or by imprisonment for not more than ninety days, or both such fine and imprisonment.
(Res. 68-96 (part), 1996: § 9 of Ord. dated 3/3/94).
6.64.100 Appeals.
Decisions of the director may be appealed to the health officer. Appeals must be made in writing to the director within ten working days of the decision which is being disputed. A hearing date shall be scheduled with the health officer within thirty days. Any variation from this regulation resulting in requirements less stringent than those found in Chapter 246-290 WAC shall have concurrence from the Washington State Department of Health.
(Res. 68-96 (part), 1996: § 10 of Ord. dated 3/3/94).
6.64.110 Waiver.
The board may waive this chapter or portions thereof, provided the waiver is consistent with the intent of this chapter, no public health hazard will result from said waiver, and the waiver will not violate the requirements of other state or local drinking water regulations. Any waiver from the requirements of Chapter 246-290 WAC must have prior written concurrence from the Washington State Department of Health.
(Res. 68-96 (part), 1996: § 11 of Ord. dated 3/3/94).
Chapter 6.68 Sections:
6.68.010 Purpose.
6.68.020 Scope of coverage.
6.68.030 Definitions.
6.68.040 Determination of adequacy for building permits.
6.68.050 Determination of adequacy for division of land.
6.68.060 Waiver of regulations.
6.68.070 Appeals.
6.68.010 Purpose.
(a) The purpose of these rules is to define basic water adequacy in accordance with Section 63, Section 51, and Section 52 of the Growth Management Act new construction and to each lot in a proposed subdivision or a short subdivision prior to approval.
(b) It is the express purpose of this chapter to provide for and promote the health, safety and welfare of the general public, and not create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefitted by the terms of this chapter.
(Res. 68-96 (part), 1996: § 1 of Res. dated 1/4/96).
6.68.020 Scope of coverage.
(a) The provisions of this chapter shall apply to all territories contained within the jurisdictional boundaries of the Mason County department of health services. The provisions of these rules and regulations shall apply to all new residences, places of business, or other buildings or places where persons congregate, reside or are employed which requires potable water and to land segregation regulated under Title 16 of this code.
(b) Any building necessitating potable water shall provide proof of potable water as delineated in this code and approved the health services director or designee(s) prior to issuance of the permit. Exemptions to this code are listed as follows:
(1) Buildings identified by the building official which do not require potable water facilities;
(2) Improvements, or additions to buildings which already contain potable water;
(3) Replacement structures that are similar or in-kind; and
(4) Replacement structures for mobile home parks or recreational parks.
(Res. 68-96 (part), 1996: § 2 of Res. dated 1/4/96).
6.68.030 Definitions.
The definitions of terms in WAC 246-290, WAC 246-291, RCW 90.03, RCW 90.44, and Title 16 of this code are adopted and incorporated by reference.
(Res. 68-96 (part), 1996: § 3 of Res. dated 1/4/96).
6.68.040 Determination of adequacy for building permits.
(a) Group B or Two-Party Public Water Systems.
(1) Prior to issuance of a building permit, the water system manager provides, in writing, verification that the water system is able and willing to provide water to the new connection and that doing so will not exceed limits imposed upon the system by any state and local regulation. Verification in writing will be accomplished by signing a statement on an application form; and
(2) Upon receipt of the application, the Group B public water system file is reviewed for the following:
(A) Quality.
(i) Public water sources must meet all the standards set forth by state regulation and be current on monitoring requirements.
(ii) In areas of water quality concern, water quality may be required to be further evaluated for any or all of the following:
A. Primary contaminates,
B. Secondary contaminates,
C. Volatile organic compounds (VOC), and/or
D. Synthetic organic compounds (SOC).
(B) Quantity. The minimum quantity of available water supply shall be eight hundred gallons per connection per day and a pumping rate of one gallon per minute per connection.
(C) Compliance.
(i) Water systems must be in compliance with state and local design and construction requirements and with on-going requirements set forth by state regulation.
(ii) Source wells must be constructed according to the requirements set forth by WAC 173-160. Proper permitting and notification to state and local departments shall be adhered to.
(iii) A water right permit or certificate of surface water right shall be obtained from the Washington State Department of Ecology where required by RCW 90.03 and 90.44.
(b) Group A Public Water Systems.
(1) Prior to issuance of a building permit, the water system manager provides, in writing, verification that the water system is able and willing to provide water to the new connection and that doing so will not exceed limits imposed upon the system by any state and local regulation. Verification in writing will be accomplished by signing a statement on an application form; and
(2) Upon receipt of the application form, the Washington State Department of Health is consulted and the Washington State Department of Health determines that the water system is adequate.
(c) Individual Sources.
(1) Prior to issuance of the building permit, a copy of the water well report, a satisfactory bacteriological report, and a capacity test is attached to the application; and
(2) Upon receipt of the application, documentation will be reviewed for the following:
(A) Quality.
(i) A satisfactory bacteriological analysis is required.
(ii) In areas of water quality concern, the same requirements apply as described in subsection (a)(2)(A)(ii) of this section.
(B) Quantity. The same requirements apply as described in subsection (a)(2)(B) with the exception that appropriate conservation in conjunction with adequate storage measures may be used to justify a daily volume of less than eight hundred gallons.
(C) Compliance. The same requirements apply as described in subsections (a)(2)(C)(i) and (ii) and assurance that the water source will not interfere with existing water rights;
(3) A surface water source will be determined to be adequate or issuance of a building permit upon receipt of a copy of the certificate of surface water right and evidence of an appropriate disinfection method is attached to the application.
(Res. 68-96 (part), 1996: § 4 of Res. dated 1/4/96).
6.68.050 Determination of adequacy for division of land.
(a) Group B or Two-Party Public Water Systems.
(1) New Water System.
(A) The water system is completely installed and meets all state and local regulations; or
(B) Moneys, under the name of Mason County health services, totaling one hundred thirty-five percent of a bid obtained from an appropriate contractor for the entire cost of drilling the well, obtaining approvals, and installing the system, is placed either into an escrow account or a bond to secure completion of the work after the well site location is passed.
(2) Existing Water System. The same requirements apply as described in subsection 6.68.040(a).
(b) Group A Public Water System. The same requirements apply as described in subsection 6.68.040(b).
(c) Individual Water Sources.
(1) Individual water sources will be adequate for land division when the lots meet the sizing criteria in WAC 246-272-20501. The following disclaimer shall be placed on the face of the plat when potable water is not available for each parcel at the time of subdivision approval:
"The lots, parcels or tracts contained within this land segregation have been created without establishing a potable water supply. No building permit necessitating potable water will be issued without first satisfying potable water requirements as required by the Mason County Health Services Director."
(2) In areas where a water quantity or quality problem may exist, the following may be required:
(A) Well logs of adjacent properties;
(B) One or more well drilled;
(C) Water study by a qualified hydrogeologist.
(Res. 68-96 (part), 1996: § 5 of Res. dated 1/4/96).
6.68.060 Waiver of regulations.
Whenever a strict interpretation of this chapter would result in extreme hardship, the director of health services may waive such regulations or portion thereof; provided, that the waiver is consistent with the intent of this chapter and that no public health hazard will result.
(Res. 68-96 (part), 1996: § 6 of Res. dated 1/4/96).
6.68.070 Appeals.
Decisions of the director of health services may be appealed to the Mason County board of health. Appeals must be made in writing within twenty working days of the decision which is being disputed. A hearing date shall be scheduled with the board for their next regular meeting. All appeals shall be sent to the board in writing via certified mail with return receipt requested.
(Res. 68-96 (part), 1996: § 7 of Res. dated 1/4/96).
Chapter 6.72 Sections:
6.72.010 Authority and purpose.
6.72.020 Definitions.
6.72.030 Solid waste handling.
6.72.031 Waste, tire storage and transportation (WAC 173-350-350).
6.72.032 Illegal dumping.
6.72.033 Dead animals.
6.72.034 Biomedical wastes.
6.72.035 Problem wastes.
6.72.036 Bonds/financial assurance.
6.72.037 Permits.
6.72.040 Solid waste management.
6.72.045 Repealed.
6.72.050 Inspections.
6.72.060 Duty of health director.
6.72.070 Violations.
6.72.080 Criminal penalties.
6.72.090 Abatement.
6.72.095 Abatement costs.
6.72.100 Administrative enforcement.
6.72.105 Notice of civil infraction.
6.72.110 Waiver and variance.
6.72.120 Appeal.
6.72.130 Severability clause.
6.72.010 Authority and purpose.
(a) This regulation is promulgated under the authority of RCW Chapters 70.05, 70.46, 70.93, 70.95 and 36.58.
(b) Pursuant to RCW Chapter 70.95, the primary responsibility for managing solid waste is assigned to local government. The Mason County health department is authorized, by this regulation and by WAC 173-350 as adopted in this chapter, to regulate residential, commercial/business solid waste and biosolids handling activities through use permit requirements, site approval criteria and may require limited purpose permits or agreements between the health department and any person, company, corporation, trust or other business entity not required to obtain a permit. The criteria for permits are contained in WAC 173-350-700.
(c) This regulation is promulgated to protect the public health, to prevent land, air, and water pollution, and to conserve Mason County's natural, economic, and energy resources by:
(1) Adopting Washington Administration Code (WAC) Chapter 173-350 Solid Waste Handling Standards and Chapter 173-351, Municipal Landfill Standards.
(2) Controlling the disposal of all non-exempted solid waste generated and collected within Mason County at a site or sites consistent with the Mason County comprehensive solid waste management plan and as approved by the Mason County board of county commissioners.
(3) Providing a framework for interlocal cooperation in the handling of solid waste.
(4) Permitting any incorporated municipality within Mason County to use county solid waste disposal facilities in a manner consistent with this regulation.
(5) This regulation shall be construed liberally to reduce environmental impacts of solid waste.
(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. B (part), 2004: Res. 93-98 (part), 1998: Res. 68-96 (part), 1996: § 1 of Ord. dated 2/2/95).
6.72.020 Definitions.
The definitions of terms contained in WAC 173-350 and WAC 173-308 are adopted and incorporated by reference. The following definitions shall also apply:
"Health department" means the Mason County department of health services.
"Health director" means the director of the Mason County department of health or his/her authorized representative.
"Health officer" means the Mason County health officer or his/her duly authorized representative.
"Owner" means the taxpayer, title and or contract owner currently on record with the Mason County treasurer's office.
"Public view" means and includes view from any neighboring properties, private or public right-of-way, roadway or waterway.
(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. B (part), 2004: Res. 93-98 (part), 1998: Res. 68-96 (part), 1996: § 2 of Ord. dated 2/2/95).
6.72.030 Solid waste handling.
(a) Washington Administrative Code Chapters (WAC) 173-350, Solid Waste Handling Standards and 173-308, Biosolids Management, as presently constituted and hereafter amended, are adopted and incorporated by reference in this regulation as minimal standards governing solid waste handling practices and facilities in Mason County. Pursuant to WAC 173-350-700(2), the county adopts a more stringent standard than WAC 173-350-025: The owner, operator and or occupant of any premise, business establishment, or industry shall be responsible for the satisfactory and legal arrangement for all of the solid waste handling on the property.
(b) Copies of this regulation shall be maintained in the environmental health office and shall be provided upon request to the public.
(c) No solid waste storage, treatment, processing, handling or disposal facility shall be maintained, established, substantially altered, expanded, or improved until a permit has been issued for the lawful operation of the facility, a permit deferral has been granted by the jurisdictional health department or the facility applies for and obtains a beneficial use exemption pursuant to the provisions of WAC 173-350-700, adopted in this chapter by reference. No biosolids handling facility or operation shall be maintained, established, substantially altered, expanded, or improved until the owner or operator of such site has obtained approval through a state general permit and has obtained site and operation approval from the health director pursuant to the provisions of WAC 173-308. Facilities operating under categorical exemptions established by WAC 173-350-700 shall meet all the conditions of such exemptions or will be required to obtain a permit under WAC 173-350-700.
(1) The Mason County board of health may establish reasonable fees for solid waste permits, exemptions, permit and exemption renewals, and for biosolids site and operation approvals and renewals, following advertised public hearings as required by law.
(2) Request for renewal of all solid waste permits, exemptions and biosolids site and operation approvals shall be made to the health director on or before January 1st of each year or as required by WAC 173-350. Requests are subject to a satisfactory record of operation and compliance with this regulation. Failure to apply for permit and site and operation renewal will render the permit or approval null and void.
(3) When an application for a solid waste exemption, permit or biosolids site and operation approval renewal is denied, suspended, or revoked, the holder of the permit or approval may appeal the health director's decision to the Mason County hearing examiner, following the procedure outlined in this regulation.
(d) It is unlawful to engage in solid waste or biosolids handling or disposal or to allow such activities to take place except at a facility approved for such use by the health department and consistent with provisions of WAC 173-350. Unsatisfactory solid waste or biosolids handling or handling beyond normal, residential, storage and off-site disposal activities, by any person, company, corporation, trust or other business entity will be subject to the provisions of this regulation.
(e) This regulation applies to solid waste as that term is defined in WAC 173-350-100 and to biosolids as that term is defined in WAC 173-308-080, incorporated by reference in this chapter, but does not apply to currently exempted solid waste listed under WAC 173-350, incorporated by reference in this chapter.
(f) It is unlawful for any person, company, corporation, trust or other business entity to burn solid waste containing garbage, waste that creates an offensive odor, or waste that violates the State Clean Air Act in other than a facility approved for incineration by the Washington State Department of Ecology and the Health Department. Only natural vegetation can be disposed of by open burning.
(g) Disposal of Feces.
(1) Pet and Animal Feces– General. No person, company, corporation, trust or other business entity shall store or dispose of pet or other animal feces in a manner that creates or contributes to a public nuisance, or that pollutes surface waters of the state. No person shall dispose the wastes in any storm sewer. Disposal shall occur a minimum of once every seven-calendar days or in accordance with acceptable agricultural practices.
(2) Pet and Animal Feces– Kennels/Commercial. No commercial kennel operators shall dispose of pet or other animal feces in containers intended to be transported by commercial collection entities unless a prior written agreement has been established between such operators and such entities.
(3) Human Feces. No person, company, corporation, trust or other business entity shall collect, store, or
dispose of any human feces, except at a sewer treatment facility or in an approved on-site sewage disposal system.
(4) Technical Guidance. The health department shall develop guidance for the sanitary disposal of animal waste. This document shall be available to the public during normal working hours at the health department's environmental health office.
(h) Solid Waste.
(1) Unpermitted burial or deposition of any solid wastes, by any person, company, corporation, trust or other business entity is prohibited.
(2) Commercial/Business Solid Waste Handling Facilities. When any person, company, corporation, trust or other business entity exceeds normal, residential solid waste handling, the activities shall be classified as commercial/business solid waste handling and is subject to WAC 173-350-700.
(3) It is unlawful to engage in solid waste handling beyond normal residential needs. Such handling is unlawful unless a permit or limited purpose permit has been obtained or is specifically exempt from permit requirements, as provided elsewhere in this chapter. Normal residential handling is: (i) all solid waste except scrap metal and recyclables shall be stored in rigid, water and animal/rodent proof upright containers with tight fitting lids, (ii) removal of solid waste occurring at least twice per month, (iii) recyclables contained in an open or closed container solely dedicated for recycling materials and removed within ninety days, and (iv) scrap metal and construction debris shall be stored in a manner which poses no threat to the environment or the safety of humans and removed within ninety days.
(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. B (part), 2004: Res. 93-98 (part), 1998: Res. 68-96 (part), 1996: § 3 of Ord. dated 2/2/95).
6.72.031 Waste, tire storage and transportation (WAC 173-350-350).
(a) Waste, Tire Storage and Transportation. "Waste tires" means tires or tire materials that are no longer suitable for their original intended purpose because of wear, damage, or defect. Waste tire accumulations result in public and environmental health threats due to the release of contaminants when burned, vector harborage and breeding and aesthetic nuisance. All persons, companies, corporations, trust or other business entities handling waste tires will be subject to current state and county regulatory codes including RCW 70.95, WAC 173-350, and the provisions of this regulation.
(b) Waste Tire Carriers. "Waste tire carrier" means a person, company, corporation, trust or other business entity who picks up or transports waste tires, excluding the exemptions of WAC 173-314-100(26). Carriers must be licensed and operate in accordance with WAC 173-314 and RCW 70.95.
(c) Waste Tire Accumulations and Storage. "Waste tire storage" means the placing of waste tires at a county permitted facility under conditions established in this regulation, WAC 173-350-350, WAC 173-314 and RCW 70.95. All persons accumulating or storing waste tires in excess of ten are subject to solid waste use permit requirements, limited purpose permits, or health department agreements. According to WAC 173-350-350(5)(c) tire storage shall not be located within ten feet of any property line or building and shall not exceed six feet in height.
(1) Persons, companies, corporations, trust or other business entities with waste tire accumulations not subject to WAC 173-350-350 storage requirements shall be subject to this section, which allows the accumulation of up to eight hundred waste tires, not to exceed ninety days, by licensed businesses, such as service stations, wrecking yards, tire retailers, tire recyclers, and tire processors, which customarily handle tires as a part of their business operations. Licensed businesses not meeting this description will be subject to a health department determination to show that their activities meet the intent of this requirement.
(2) Persons, companies, corporations, trust or other business entities not determined to meet the requirements of subsection (c)(1) above shall not accumulate greater than ten unutilized tires, unless the tires have come from their business vehicles; will be subject to ninety-day removal or utilization; and are limited to the storage of up to one hundred tires from their business vehicles, with ninety-day removal.
(3) Waste Tire Utilization. "Waste tire utilization" is defined as a valid use of waste tires. Valid utilization may include re-treading; crash barriers; soil erosion control; chopping, shredding or grinding; and agricultural use. Valid utilization, in accordance with county regulatory codes may exempt the user in part or in full from the storage requirements of WAC 173-350-350(5) and RCW 70.95.
(4) No permit is required under this regulation for the utilization of less than fifty waste tires. All persons, companies, corporations, trust or other business entities shall put waste tires in excess of ten to use within ninety calendar days in accordance with the provisions of this regulation.
(5) Limited use permits are required for persons, companies, corporations, trust or other business entities utilizing fifty or more waste tires. The permitting process will include review for compliance with this regulation and will also include SEPA review and public notice. The landfilling or burial of whole tires by any person is prohibited.
(6) No person, company, corporation, trust or other business entity may use tires in a manner that creates fire hazards. Tires shall be stored in accordance with the most current Fire Code on file with the Mason County fire marshall.
(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. B (part), 2004).
6.72.032 Illegal dumping.
(a) Whenever solid wastes dumped in violation of RCW 70.95.240 contain three or more items bearing the name of one individual, there shall be a rebuttable presumption that the individual whose name appears on such items committed the unlawful act of dumping and is responsible for clean-up of the discarded materials. When any other evidence of the individual's identity is found in solid wastes dumped in violation of RCW 70.95.240 the health department may order the persons, companies, corporations, trust or other business entities to remove and legally dispose of the solid waste.
(b) Illegal dumpers, and property owners when illegal dumpers cannot be identified, will be responsible for waste clean-up in accordance with this regulation.
(c) For each offense of illegal dumping a two hundred fifty dollars fine shall be assessed. The fine shall be five hundred dollars for persons, companies, corporations, trust or other business entities to have committed any illegal dumping of garbage or other solid wastes upon the ground at any Mason County recycling drop box. Persons found to have committed repeat violations of illegal dumping shall be assessed a five hundred dollars fine for each offense.
(d) Any violator who commits more than one violation in a two-year period shall be deemed a repeat violator and shall be subject to an additional fine of one hundred dollars. This additional fine shall be payable to the Mason County district court who shall deposit these funds into the Mason County solid waste clean-up account.
(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. B (part), 2004).
6.72.033 Dead animals.
Dead animals shall be disposed of by their owners and/or by property owners in a manner to protect public health and the environment. Their disposal shall be consistent with local codes. Animals weighing fifteen pounds or greater may be taken to a rendering plant, a veterinary clinic, an animal shelter, pet cemetery, or can be disposed of directly at accepting transfer stations when not creating a nuisance. Property owners may dispose of dead animals on their own property when the animal disposal does not result in a nuisance or public or environmental health threat.
(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. B (part), 2004).
6.72.034 Biomedical wastes.
(a) Applicability. This regulation applies to all biomedical waste generators including, but not limited to, hospitals, medical and dental clinics, medical laboratories, nursing or intermediate care facilities, in-home medical waste generators, veterinary facilities and other institutions which may generate biomedical wastes as defined in RCW 70.95K, without regard to the quantity of waste produced per month.
(b) Storage, Handling and Disposal. All persons, companies, corporations, trust or other business entities shall store, handle, and dispose of biomedical wastes in a manner that protects against public exposure and public health threats. Needles and sharps shall be contained in leak-proof, rigid, puncture-resistant, break-resistant containers that are labeled and tightly lidded during storage, handling and transport. Biomedical waste, except for needles and sharps, shall be contained in disposable, leak-proof containers having a strength to prevent ripping, tearing or bursting under normal conditions of use. The containers shall be appropriately marked by the generator as containing biomedical waste. Biomedical wastes shall be disposed of in a manner and at a facility approved by the health director.
(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. B (part), 2004).
6.72.035 Problem wastes.
Persons, companies, corporations, trust or other business entities handling or disposing of problem wastes in Mason County as defined in WAC 173-350-100 shall notify the health department of their intended activities. Permits or authorizations may be required as determined by the health director.
(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. B (part), 2004).
6.72.036 Bonds/financial assurance.
When a person's company's, corporation's, trust's or other business entity's utilization or solid waste handling activities present a high degree of public and/or environmental health threat, potential for nuisance, or risk of failure, as determined by the health director, the person shall provide a financial assurance instrument approved by the health director to cover the cost of any restitution necessary as a result of the activities. Financial assurance instruments will be subject to adequacy reviews with increases or changes in activities.
(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. B (part), 2004).
6.72.037 Permits.
(a) Limited Purpose Permits. When solid waste handling activities exceed normal residential activities, but do not require use permits, the health department may require a limited purpose permit or a written agreement to address any possible public and environmental health concerns regarding such activities; these instruments can require persons, companies, corporations, trust or other business entities to submit plans for mitigation or for timely removal of the solid waste violations. The Mason County health officer shall review these instruments in accordance with the following criteria:
(1) Persons, companies, corporations, trust or other business entities must demonstrate that the proposed use will be consistent with this regulation; that the proposed use will not be detrimental to public health, safety and welfare; that the proposed use will not have an impact on existing uses on adjacent properties, and that the proposed use will not create or maintain a public nuisance that can not be mitigated through appropriate measures. Persons, companies, corporations, trust or other business entities must also demonstrate that the proposed use will not attract or harbor vectors, such as mosquitoes or rats.
(b) When the criteria are not met for a limited purpose permit or a health department agreement, a solid waste permit will be required pursuant to this regulation and outlined in Section 6.72.030.
(c) When the criteria are met for a limited purpose permit or health department agreement fees may be required according to the current Mason County fee schedule.
(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. B (part), 2004).
6.72.040 Solid waste management.
When solid wastes is not disposed of in a manner consistent with these regulations, the health officer may order mandatory garbage service. When garbage service is ordered, the health officer may also order that receipts for service be provided regularly.
(1) Hulk and Inoperable Vehicles Requirements. Hulk vehicles as defined shall be removed to a licensed, permitted, auto facility or storage yard, except properties between one and ten acres may have one hulk vehicle removed from public view and properties over ten acres may have up to three hulk vehicles removed from public view. Inoperable vehicles shall be removed to a licensed, permitted, auto facility or storage, except properties one acre or less, may have one inoperable vehicle within public view and properties one acre or more may store up to three inoperable vehicles within public view.
(A) Definitions. Hulks are defined as vehicles certified as junk vehicles under RCW 46.55.010(4) or those meeting any two of the following criteria:
Damage to the frame, a missing or shattered window or windshield, a missing or damaged wheel, tire, body part, a missing, damaged or inoperable door, hood or trunk lid; more than one flat tire; a missing, damaged or inoperable engine or transmission; a missing license plate or plate that has been invalid for more than one year.
(B) Inoperable vehicles are defined as vehicles which are no longer able to operate for their intended use, or any vehicle with a build-up of debris, moss or weeds on, in, under, or around the vehicle, or a vehicle which is not licensed or has not been moved in sixty days.
(C) Storing excess inoperable or allowable hulk vehicles from public view shall take place by health department approved fencing or buffering, which reasonably removes objects from public view.
The accumulation, by any person, company, corporation, trust or other business entity of excess inoperable or hulk vehicles, shall be considered solid waste handling and must take place at a permitted facility.
(D) Applicability. These requirements shall apply to single property parcels and adjoining property parcels in single ownership. Property land area shall qualify when it is free of wetlands, steep slopes, or other characteristics limiting property use, as determined by the health department.
(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. B (part), 2004: Res. 93-98 (part), 1998: Res. 68-96 (part), 1996: § 4 of Ord. dated 2/2/95).
6.72.045 Repealed.
Editor's note: Ord. No. 68-09, adopted Aug. 4, 2009, repealed Section 6.72.045, which pertained to the minimum levels of service for residential recycling collection and derived Ord. No. 147-08, adopted Dec. 23, 2008. User is directed to Ch. 13.30 for provisions pertaining to subject matter previously codified herein.
6.72.050 Inspections.
The health director, or other officer or official having jurisdiction, may enter and inspect, as authorized by law, any property, premise, or place at any reasonable time for the purpose of determining compliance with this regulation.
(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. B (part), 2004: Res. 93-98 (part), 1998: Res. 68-96 (part), 1996: § 5 of Ord. dated 2/2/95).
6.72.060 Duty of health director.
It is the duty of the health director to enforce this regulation, except for criminal violations of this regulation.
(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. B (part), 2004: Res. 93-98 (part), 1998: Res. 68-96 (part), 1996: § 6 of Ord. dated 2/2/95).
6.72.070 Violations.
It shall be a violation of this regulation for any person, company, corporation, trust or other business entity to:
(1) Fail or refuse to comply with any of the provisions of this regulation;
(2) Knowingly obstruct the health director or other officer or official having jurisdiction, in the conduction of any inspection, including a request for operational records;
(3) Fail to meet the terms and conditions for operation as stated in the appropriate operational permit;
(4) Continue operations after failing to submit a yearly application renewal for solid waste, biosolids or exemption notification along with the required annual reports by January 1st of each year or after permit suspension or revocation by the health department;
(5) Fail to comply with a health director order to correct violations of this regulation or fail to comply with a stop work order.
(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. B (part), 2004: Res. 93-98 (part), 1998: Res. 68-96 (part), 1996: § 7 of Ord. dated 2/2/95).
6.72.080 Criminal penalties.
Any person, company, corporation, trust or other business entity who willfully commits a violation of this regulation shall be deemed guilty of a misdemeanor and shall be subject to a fine of not more than five hundred dollars, or by imprisonment not to exceed ninety days, or by both, unless otherwise required by state laws. Each such person, company, corporation, trust or other business entity is guilty of a separate offense for each and every day during any portion of which any violation of any provision of this regulation is committed, continued or permitted by any such person, company, corporation, trust or other business entity and he shall be punished accordingly.
(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. B (part), 2004: Res. 93-98 (part), 1998: Res. 68-96 (part), 1996: § 8 of Ord. dated 2/2/95).
6.72.090 Abatement.
No person, company, corporation, trust or other business entity owning, leasing, renting, occupying or having charge or possession of any property in Mason County, including vacant parcels, shall maintain or allow to be maintained on such property the following items including, but not limited to: junk, trash, boxes, litter, discarded lumber, construction debris, salvage materials, scrap metal, recycling or other similar materials, broken or discarded furniture, toys, clothing, household equipment, appliances, vehicle parts or other articles of personal property which are discarded or appear to be discarded or left in a state of partial construction or repair in any front yard, side yard, rear yard, public right-of-way or vacant lot. These items are herein declared to be a public nuisance and are subject to abatement.
(1) No person, company, corporation, trust or other business entity owning, leasing, renting, occupying or having charge or possession of any property in the county, including vacant parcels, shall maintain or allow to be maintained on such property any of the following attractive nuisances accessible and dangerous to the public, including children, including, but not limited to: abandoned mobile homes, junk vehicles, including recreational vehicles, broken or neglected equipment, machinery, bathroom fixtures, refrigerators and freezers, in any front yard, side yard, rear yard, public right-of-way or vacant lot.
(2) Excess inoperable and junk vehicles as set forth in Title 6 Mason County Sanitary Code Section 6.72.040 in any front yard, side yard, rear yard, public right-of-way or vacant lot are herein declared to be a public nuisance and are subject to abatement.
(3) Whenever any declared nuisance, source of filth, or cause or probable cause of injury to health shall be found by the health officer to exist on any private or public property, he/she shall have the power and authority to notify and order in writing the owner, occupant, or user, to correct and remove such nuisance, source of filth or cause or probable cause of injury to health. The notice shall require the owner to make such legal removal, destruction or corrective action and shall be served as set forth in Title 15.
(A) The notice shall explain the abatement procedure and include a statement that failure to comply with the regulatory order may result in abatement proceedings and/or other enforcement actions.
(B) The notice shall state the specific nuisance that needs to be abated and the time limit for correction.
(C) The notice shall be sent by both regular and certified mail to the owner of record and may be served in person or by posting in a conspicuous place on the property if the mail is returned as undeliverable. If the person, company, corporation, trust or other business entity responsible for the violation is a tenant or other occupant, and not the owner of record, such notice shall also be given to the landlord or owner of such property.
(D) The owner, occupant or user may make an administrative appeal of this notice within fourteen days as provided by Mason County Development Title 15, Code Section 15.11.020. The request shall state the reason for the request in writing and include the appropriate fees according to the current Mason County health fee schedule.
(4) In the event of the refusal or failure of such person, company, corporation, trust or other business entity or persons to abate such nuisance within such time, the health officer may cause such nuisance to be abated at the expense of such person or persons, which cost may be recovered by the Mason County department of health from such person or persons, company, corporation, trust or other business entity in an action brought in the name of that person to recover the same in any court of competent jurisdiction. No right of action shall lie against the county or its agents, officers, or employees for actions reasonably taken to prevent or cure any such immediate threats, but neither shall the county be entitled to recover any costs incurred for summary abatement, prior to the time that actual notice of same is provided to the owner of the property.
(5) Whenever the county is authorized to undertake abatement, the health director, or other officer or official having jurisdiction, may enter and remove or correct the condition that is subject to abatement. The county may seek such judicial process, as it deems necessary to effect the removal or correction of such condition. The official entering onto the property shall document each condition or nuisance requiring abatement by photography and/or by videotaping.
(6) The county may cause the abatement to be performed by county employees or by private contract under the direction of the county. The county, its employees and agents, using lawful means, are expressly authorized to enter upon the subject property for such purposes.
(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. B (part), 2004).
6.72.095 Abatement costs.
All costs of abatement, including incidental expenses, and a ten-percent administrative charge with a minimum charge of ten dollars shall be billed to the property owner, occupant, or user notified and found to be in violation and shall become due and payable thirty days thereafter. The term "incidental expenses" shall include, but not be limited to, personnel costs, both direct and indirect, including hearing examiner fees or attorney's fees incurred by the county; costs incurred in documenting the violation; the actual expenses and costs to the county in the preparation of notices, cost of any required printing and mailing, specifications and contracts, and in inspecting and re-inspecting the work; and, in the case of vehicles, towing/hauling, storage and removal/disposal expenses.
(1) Where a property owner agrees to abatement and the abatement funds are used to clean up the property the county shall require a payment schedule of all funds expended plus costs. If the property owner fails to make the payments as required the fines shall be assessed as liens as outlined in subsections (2), (3) and (4) of this section.
(2) In the event that the responsible party fails to pay within the thirty-day period, unless a payment schedule has been made, a lien shall be assessed against the property and be recorded on the assessment rolls with the Mason County auditor, and thereafter shall constitute a special assessment lien against the property. Fines not paid within the thirty-day period will accrue interest at the same rate as delinquent property taxes. Fines in excess of the assessed value shall be a personal obligation of the property owner and fines assessed against persons, companies, corporations, trusts or other business entities who are not the property owner shall be personal obligations of those persons, companies, corporations, trusts or other business entities.
(3) All fines assessed as liens against the property shall become the personal obligation of such property owner, company, corporation, trust or other business entity in the event that property ownership is transferred before all fines and interest due are paid in full. The lien shall continue until the fines assessed and all interest due is paid in full.
(4) If an assessment has been placed on the assessment roll and is thereafter paid in full to the health director, the health director shall notify the county auditor by recording a release of lien. The validity of any assessment made under the provisions of this chapter shall not be contested in any action or proceeding unless the same is commenced within fourteen calendar days after the assessment is placed upon the assessment roll as provided herein. Any request for a hearing to contest liens shall be accompanied by a nonrefundable fee according to the current Mason County health fee schedule and be filed according to the provisions of Mason County Development Title 15, Code Section 15.11.020.
(A) Budgetary Process. Upon certification to the Mason County treasurer of the assessment amount due and owing, the treasurer shall enter the amount of such assessment upon the tax rolls against the property for the current year and the same shall become a part of the general taxes for that year to be collected at the same time and with interest at such rates and in such manner as provided in RCW 84.56.020, as now or hereafter amended, for delinquent taxes, and when collected to be deposited to the credit of the Mason County department of health services solid waste abatement fund. The ten percent or ten dollars charged for administrative fees shall be credited to the health services account to pay for the filing of liens and other expenses billed by the treasurer's or auditor's office to the Mason County department of health services. The lien shall be of equal rank with the state and county taxes.
(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. B (part), 2004).
6.72.100 Administrative enforcement.
The health director is authorized to utilize the enforcement procedures of this section in order to enforce this regulation. The health director is authorized to and may bring enforcement action as provided in Chapter 15.13 Mason County Development Code.
(1) Solid Waste Permit or Biosolids Site and Operation Approval Suspension.
(A) The health director may temporarily suspend any permit or approval issued under this regulation for failure of holder to comply with either: (i) the requirements of this regulation, or (ii) any notice and order issued pursuant to this regulation.
(B) Such permit or approval suspension shall be carried out through the notice and order provisions of this section, and the suspension shall be effective for the holder or operator upon service of the notice and order. The holder or operator may appeal such suspension as provided in this chapter.
(C) Notwithstanding any other provision of this regulation, whenever the health director finds a violation of this regulation has created or is creating unsanitary, dangerous, or other condition which, in his or her judgment, constitutes an immediate or irreparable hazard, he may without service of a written notice and order, suspend and terminate operations under the permit immediately.
(2) Permit Revocation. The health director may permanently revoke a permit issued by the health department in the event of: (i) failure of the holder to comply with the requirements of this regulation, or (ii) failure of the holder to comply with any notice and order issued pursuant to this regulation, or (iii) interference with the health director in the performance of the director's duties, or (iv) discovery by the health director that a permit or approval was issued in error or on the basis of incorrect information.
(3) Such permit or approval revocation shall be carried out through the enforcement provisions of this regulation and the revocation shall be effective upon service of the notice of violation upon the holder or operator of the permit. The holder or operator may appeal the revocation, as provided in this section.
(4) A permit or approval may be suspended pending its revocation or a hearing relative thereto.
(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. B (part), 2004: Res. 93-98 (part), 1998: Res. 68-96 (part), 1996: § 10 of Ord. dated 2/2/95).
6.72.105 Notice of civil infraction.
(a) An authorized representative of the health department may issue a civil infraction for violations of this chapter (see Section 6.72.070). Pursuant to Chapter 7.80 RCW if the authorized representative has reasonable cause to believe that the person, company, corporation, trust or other business entity has violated any provision of these regulations or has not corrected the violation as required in the written notice and order to correct violation.
(1) Each civil violation of this chapter (see Section 6.72.070) shall be subject to a fine of two hundred fifty dollars.
(2) Each and every day during any portion of which any violation of any provision of this regulation is committed, continued or permitted by any such person, company, corporation, trust or other business entity shall be a separate violation and can be fined accordingly.
(3) Any violator who commits more than one violation in a two-year period shall be deemed a repeat violator and shall be subject to an additional fine of one hundred dollars. This additional fine shall be payable to the Mason County district court who shall deposit these funds into the Mason County solid waste clean-up account.
(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. B (part), 2004).
6.72.110 Waiver and variance.
Whenever a strict interpretation of this regulation would result in extreme hardship, the health director may, upon concurrence of the hearing examiner, waive the provision(s) causing extreme hardship, provided that any waiver granted must be consistent with the intent of this regulation and shall not result in unsanitary conditions, damage to the environment, create nuisance conditions, or conflict with state solid waste regulatory codes. Information for the submission of a waiver and the notification of potentially impacted parties are contained in WAC 173-350 Variances, shall follow the procedures of the Solid Waste Handling Standards 173-350-710(7).
(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. B (part), 2004: Res. 93-98 (part), 1998: Res. 68-96 (part), 1996: § 11 of Ord. dated 2/2/95).
6.72.120 Appeal.
(a) Any person, company, corporation, trust or other business entity aggrieved by the order of the health director may request in writing within fourteen calendar days of the service of the notice and order an appeal hearing before the hearing examiner. The request shall cite requirement or determination appealed and shall contain a brief statement of the reasons for seeking the appeal hearing. The method of appeal as provided in this regulation shall be sole and exclusive, and is subject to a hearing fee charged according to the current fee schedule.
(b) The appeal hearing shall be conducted on the record. Written notice of the time and place of the hearing shall be given at least ten calendar days prior to the date of the hearing to each interested party, to the health director whose order is being appealed, and to other interested persons, companies, corporations, trust or other business entities who have requested in writing that they be so notified.
(c) Following review of the evidence submitted the hearing examiner shall make written findings and conclusions, and shall affirm or modify the order previously issued if a violation is found to have occurred. The written decision of the hearing examiner shall be mailed by certified mail, postage prepaid, return receipt requested, to all the parties within thirty calendar days of the hearing.
(d) The appeal hearing before the hearing examiner shall occur within thirty calendar days following receipt of the written notice of appeal, unless the matter is continued at the discretion of the hearing examiner for good cause shown.
(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. B (part), 2004: Res. 93-98 (part), 1998).
6.72.130 Severability clause.
The provisions, sections and subsections of this chapter, shall be considered to be severable, so that if any provision, section, or subsection, or its application to any person or circumstance, is altered, amended, abrogated, repealed, superseded by constitution, state law or otherwise held invalid, the remainder of the particular provision, section, subsection, or chapter, or the application thereof to other persons, companies, corporations, trust or other business entities or circumstances, shall not be deemed affected.
(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. B (part), 2004).
Chapter 6.73 Sections:
6.73.010 Authority.
6.73.020 Applicability.
6.73.030 Request for hearing.
6.73.040 Stay of corrective action.
6.73.050 Inspections and right of entry.
6.73.060 Securing property designated unfit for use.
6.73.070 Other powers reserved– Emergency orders.
6.73.080 Notice to utility purveyors.
6.73.090 Violations.
6.73.100 Penalties.
6.73.110 Severability clause.
6.73.010 Authority.
Mason County adopts this chapter pursuant to its police and sanitary powers, Chapter 70.05 RCW. Mason County adopts the following chapters by reference: Chapter 64.44 RCW and WAC 246-205. This chapter provides the procedures and policies for appeals and enforcement of the Mason County health officer's determinations that property is unfit for use due to contamination from illegal drug manufacturing or storage, and establishes requirements for contamination reduction, abatement and assessment of costs. For the purposes of this chapter, the term "health officer" means the Mason County health officer appointed in accordance with Chapter 70.05 RCW, or his or her designee.
This regulation is promulgated to protect the public health, to prevent land, air, and water pollution, and to conserve Mason County's natural, economic and energy resources by reducing the environmental impacts of contaminated properties.
(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. C (part), 2004).
6.73.020 Applicability.
This chapter shall apply to all property as defined in RCW 64.44.010 for which the health officer issues or has issued an order prohibiting use of property pursuant to RCW 64.44.030.
(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. C (part), 2004).
6.73.030 Request for hearing.
Any person, company, corporation, trust or other business entity required to be notified of an order issued by the health officer prohibiting use of property pursuant to RCW 64.44.030 and any person, company, corporation, trust or other business entity to whom the health officer issues an order regarding contaminated property may submit a written request for a hearing regarding the health officer's order. The request for a hearing must be made within ten days of serving the order. The request shall state the reason for the request and include a two hundred dollars hearing fee. Upon receipt by the health officer of the request and the required fees, the hearing shall be held by the Mason County hearing examiner. The hearing shall occur within not less than twenty days or more than thirty days.
(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. C (part), 2004).
6.73.040 Stay of corrective action.
The filing of a request for hearing pursuant to the section above shall operate as a stay from the requirement to perform corrective action ordered by the health officer while the hearing is pending, except there shall be no stay from the requirement for immediate compliance with an emergency order issued by the health officer or from the requirements of an unfit for use order prohibiting the use, occupancy, or the moving of any property.
(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. C (part), 2004).
6.73.050 Inspections and right of entry.
(a) The health officer, fire marshal and building official and/or their designees are authorized to make such inspections and take action as may be required to enforce the provisions of this chapter.
(b) When it is deemed necessary to make an inspection to enforce the provisions of this chapter, or when the health officer, building official or fire marshal or their designees have reasonable cause to believe that there exists within any property a condition which is contrary to or in violation of this chapter, the health officer, building official, fire marshal or their designee may enter the property at reasonable times to inspect or perform the duties authorized by this chapter; provided, that the official shall first make a reasonable effort to notify the owner or other person, company, corporation, trust or other business entity in control of the property and request entry. If entry is refused, the health officer, building official, fire marshal or their designees shall have recourse to the remedies provided by law to obtain entry.
(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. C (part), 2004).
6.73.060 Securing property designated unfit for use.
(a) The owner of record shall be responsible for securing the premises against unauthorized entry by closing, boarding up, fencing, barricading, locking or otherwise securing the property.
(b) In the event that the owner does not take necessary action to maintain the property against entry, the health officer, building official and/or their designees are authorized to secure the property against unauthorized entry by closing, boarding up, fencing, barricading, locking or otherwise securing the property to prevent entry. All costs for securing the property will be the responsibility of the owner of record.
(c) The health officer may prohibit the moving or removal of vehicles or any other personal property subject to an unfit for use order without prior written approval. The health officer may secure such property by attachment of a locking device or any other means to prevent the property from being moved.
(d) The health officer may order the Mason County sheriff's office to impound vehicles designated as unfit for use until such time as the vehicle is either released for reuse or destroyed.
(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. C (part), 2004).
6.73.070 Other powers reserved– Emergency orders.
Nothing in this chapter shall limit the authority for Mason County or the Mason County health officer to act under any other legal authority. The powers conferred by this chapter shall be in addition to and supplemental to the powers conferred by any other law. If the health officer determines immediate action is necessary to protect public or environmental health and safety, any person, company, corporation, trust or other business entity to whom such an order is directed shall be required to comply with the order immediately.
(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. C (part), 2004).
6.73.080 Notice to utility purveyors.
The health officer is authorized to notify purveyors of utility services to any property declared unfit for use that use or occupancy of the premises is prohibited. The health officer may order purveyors of utilities to discontinue the provisions of their services.
(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. C (part), 2004).
6.73.090 Violations.
(a) It is unlawful and a violation of this chapter to:
(1) Occupy or permit or authorize the occupation of any structure, premises or property posted as unfit for use or ordered vacated pursuant to this chapter or Chapter 64.44 RCW;
(2) Enter or authorize or allow another person, company, corporation, trust or other business entity to enter any property declared unfit for use or otherwise ordered vacated pursuant to this chapter or Chapter 64.44 RCW without approval of the health officer;
(3) Willfully fail to comply with any order issued pursuant to this chapter or Chapter 64.44 RCW;
(4) Obstruct any officer, employee or agent of Mason County or other governmental unit in the enforcement or carrying out of the duties prescribed in this chapter or Chapter 64.44 RCW;
(5) Remove, deface, obscure or otherwise tamper with any notice posted pursuant to this chapter or Chapter 64.44 RCW;
(6) Maintain any property in violation of an order issued by the health officer pursuant to this chapter;
(7) Fail or refuse to comply with any order or decision of the health officer, hearing officer or appeals commission pursuant to this chapter.
(b) Violations of this chapter are punishable and shall be enforced pursuant to the penalties prescribed in Chapter 15.13 Mason County Development Code. The hearing examiner, law enforcement officers, or the health officer or his or her designee, who shall be enforcement officers as defined by RCW 7.80.040 may enforce this chapter.
(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. C (part), 2004).
6.73.100 Penalties.
Each violation of this chapter shall be a separate and distinct offense and in the case of a continuing violation, each day's continuance shall be a separate and distinct violation.
(1) Every violation of this chapter is unlawful and a public nuisance.
(2) The violation of any provision of this chapter is designated as Class 1 civil infraction pursuant to Chapter 7.80 RCW. Civil infractions shall be heard and determined according to Chapter 7.80 RCW, as amended, and any applicable court rules. The penalty for such violation shall be two hundred and fifty dollars per violation.
(3) Any person, company, corporation, trust or other business entity intentionally, recklessly or negligently violating any provision of this chapter shall be, upon conviction, guilty of a misdemeanor and shall be subject to a fine of not more than five hundred dollars or to imprisonment in the county jail not to exceed ninety days or to both fine and imprisonment.
(4) The prosecuting attorney is authorized to institute legal action to enforce compliance with the provisions of this chapter and may seek legal or equitable relief to enjoin any acts or practices or abate any conditions that constitute a violation of this chapter.
(5) The health officer and his or her designee are authorized to bring enforcement action as provided in Chapter 15.13 Mason County Development Code.
(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. C (part), 2004).
6.73.110 Severability clause.
The provisions, sections and subsections of this chapter, shall be considered to be severable, so that if any provision, section, or subsection, or its application to any person, company, corporation, trust or other business entity or circumstance, is altered, amended, abrogated, repealed, superseded by constitution, state law or otherwise held invalid, the remainder of the particular provision, section, subsection, or chapter, or the application thereof to other persons, companies, corporations, trusts or other business entities or circumstances, shall not be deemed affected.
(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. C (part), 2004).
Chapter 6.76 6.76.010 Authority.
6.76.020 Purpose.
6.76.030 Administration.
6.76.040 Definitions.
6.76.050 Applicability.
6.76.060 Minimum standards and adoption by reference.
6.76.070 Operation and maintenance of on-site sewage systems.
6.76.080 Certified pumper requirements.
6.76.090 Certified installer requirements.
6.76.100 Certified operation and maintenance specialist requirements.
6.76.110 Certified contractor review board.
6.76.120 On-site sewage advisory committee.
6.76.130 Enforcement.
6.76.140 Appeals.
Ord. No. 32-09, adopted April 7, 2009, is being treated as superseding ch. 6.76, which consisted of §§ 6.76.010– 6.76.160, pertained to the same subject matter, and derived from Res. No. 68-96 and an ordinance dated March 2, 1995.
6.76.010 Authority.
Pursuant to the authority of Chapters 43.20.050, 70.05.060 RCW, These regulations are hereby established as minimum requirements of the Mason County Board of Health, governing on-site sewage systems in Mason County.
(Ord. No. 32-09, § 1, 4-7-2009)
6.76.020 Purpose.
The purpose of these regulations are to assure protection of public health by:
(1) Minimizing the public health effects of on-site sewage systems on surface water and groundwater.
(2) Minimizing the potential for public exposure to sewage.
(3) Establishing design, installation, and management requirements for on-site sewage systems to accommodate effective treatment and disposal of sewage on a long-term basis.
(4) Require a known level of treatment for sewage disposed in Mason County.
(5) Enhance protection of environmentally sensitive areas within Mason County.
(Ord. No. 32-09, § 2, 4-7-2009)
6.76.030 Administration.
The Mason County Public Health Director, through authority delegated by the Mason County Board of Health and the Mason County Health Officer shall administer these regulations. Fees may be charged for this administration.
(Ord. No. 32-09, § 3, 4-7-2009)
6.76.040 Definitions.
The definitions of terms contained in Chapter 246-272A WAC are hereby adopted and incorporated by reference. In addition, the following definitions shall also apply in these regulations:
"Board" shall mean the Mason County Board of Health.
"Community drainfields" shall mean a drainfield serving two or more residences on two or more parcels.
"Continuing education unit (CEU)" shall mean unit of credit customarily used for continuing education courses. One continuing education unit equals ten professional development hours.
"Department" shall mean the Mason County Public Health.
"Director" shall mean the Mason County Public Health Director or a member of the department authorized by and under the direct supervision of the Mason County Health Officer and Director.
"Health officer" shall mean the Mason County Health Officer or a member of the department authorized by and under the direct supervision of the Mason County Health Officer.
"Professional development hour (PDH)" shall mean an hour engaged in a qualifying activity.
"Qualifying activity" shall mean any activity that is related to on-site wastewater treatment systems or will help the installer or operation and maintenance provider maintain their competency.
"Shared drainfield" shall mean two residences on one parcel sharing one drainfield with or without separate tanks.
"Significant periods of the year" shall mean from December 1 through March 31.
"Surface water" shall mean any body of water, whether fresh or marine, flowing or contained in a natural or artificial unlined depressions for a significant periods of the year, including natural and artificial lakes, ponds, springs, rivers, streams, swamps, marshes and tidal waters.
(Ord. No. 32-09, § 4, 4-7-2009)
6.76.050 Applicability.
These regulations shall apply to all on-site sewage systems except the following:
(1) New construction for which a permit was issued prior to adoption of these regulations and which is still valid.
(2) Facilities constructed or operated in accordance with a permit or approval issued by the Washington State Department of Ecology. Where these regulations are in conflict with Chapter 90.48 or 70.95 RCW, said RCW shall apply.
(3) Facilities constructed or operated in accordance with a permit or approval issued by the Washington State Department of Health. Where these regulations are in conflict with 246-272B WAC.
(4) Where any of the requirements of these regulations conflict with one another or with any requirements of Chapter 246-272A WAC, the more stringent requirement shall apply.
(Ord. No. 32-09, § 5, 4-7-2009)
6.76.060 Minimum standards and adoption by reference.
(1) "Chapter 246-272A WAC, Rules and Regulations of the State Board of Health for On-Site Sewage Systems" as presently adopted and any future revisions are hereby adopted and incorporated by reference in these regulations. Copies of said document shall be maintained and made available to the public at the Mason County Public Health office.
(2) "Mason County Public Health On-Site Standards" as presently adopted and any future revisions are hereby adopted and incorporated by reference in these regulations. Copies of said document shall be maintained and made available to the public at the Mason County Public Health office.
(3) "Mason County's On-Site Sewage System Management Plan" as presently adopted and any future revisions are hereby adopted and incorporated by reference in these regulations. Copies of said document shall be maintained and made available to the public at the Mason County Public Health office.
(4) Permits shall be required prior to any construction, alteration, extension, relocation, or repair of any on-site sewage system. Permits shall be valid for three years from the signature date of the site inspection. Permit fees shall be charged according to the "Mason County Public Health Fee Schedule." Copies of said document shall be maintained and made available to the public at the Mason County Public Health office.
(Ord. No. 32-09, § 6, 4-7-2009)
6.76.070 Operation and maintenance of on-site sewage systems.
(1) On-site sewage systems shall be inspected as prescribed in 246-272A WAC and the Mason County Public Health On-Site Standards.
(2) The homeowner or person contracted by the homeowner to perform the inspection service shall report fully on the status of the on-site sewage system, using the form prescribed by the director.
(3) The homeowner or person contracted by the homeowner to perform the inspection service shall report immediately any identified on-site sewage system failure to the department.
(4) The system owner shall take necessary corrective action, as identified by the director, to correct deficiencies in system design and operation, when such deficiencies are documented through operation and maintenance inspections.
(5) Transfer of resident ownership shall require a current inspection service report on the status of the on-site sewage system, using the form prescribed by the director.
(a) Current shall mean within three years with a system consisting solely of a septic tank and drainfield and annually for all other on-site septic system.
(b) Service for an on-site sewage system consisting solely of a septic tank and gravity drainfield shall be performed by a Mason County Certified Pumper or a Mason County Certified Operation and Maintenance Specialist. All other on-site sewage systems will require a report from a Mason County Certified Operation and Maintenance Specialist.
(Ord. No. 32-09, § 7, 4-7-2009)
6.76.080 Certified pumper requirements.
(1) It shall be unlawful for any person, firm or corporation to engage in cleaning any septic tank, seepage pit or chemical toilet, or removing other accumulations of sewage without first obtaining a pumper's certificate from the department.
(2) The requirements for pumper certification shall include all of the following:
(a) The applicant shall demonstrate having a certified disposal site for the septage or holding tank wastes.
(b) The applicant shall demonstrate sanitary equipment meeting the following requirements:
1. The pump tank shall be of at least one thousand gallons in capacity, in good repair, and of cleanable construction.
2. All outer contact surfaces and fittings shall be kept in a clean and sanitary condition while stored or in transit, and all premises served and equipment used shall be left in a clean and sanitary condition.
3. All discharge valves shall be in good repair, free from leaks and fitted with watertight caps.
4. The name of the operating firm shall be prominently displayed on the sides of any pump tank vehicle.
(3) The initial certificate fee shall be in accordance with the adopted fee schedule. At the end of each calendar year all certificates shall expire. Certificates may be renewed for a fee established by the adopted fee schedule. A pumper's certificate shall not be transferable.
(4) Copies of all pumping reports shall be submitted to the Mason County Public Health office monthly except as noted in ssubection (6) of this section.
(5) A copy of the pumping report as prescribed by the health officer shall be given to the homeowner at the time of the service.
(6) A pumper's certificate may be suspended by the director or certified contractor review board for a period not to exceed thirty days for: failure to report to the department within two working days, nonfunctioning on-site components that could result in human contact with sewage effluent, failure to report to the department within seven working days nonfunctioning on-site components that could result in further system damage, failure to report to the department within twenty working days other nonfunctioning on-site sewage system components, or other incompetence, negligence, or misrepresentation. Said suspension may be appealed by the holder of the certificate following the provisions of section 6.76.140 of these regulations and will be held in abeyance pending resolution of the appeal.
(7) A pumper's certificate shall be revoked by the certified contractor review board for a period not to exceed one year for serious or repeated violations of any of the requirements of these regulations, using the following procedure:
(a) The chair of the certified contractor review board shall notify the pumper in writing, stating the reasons for which the pumper's certificate is subject to revocation and advising that the certificate shall be permanently revoked at the end of ten days following service of such notice, unless a written request for hearing is filed with the department by the holder of the pumper's certificate within the ten-day period.
(b) The director shall schedule a special hearing of an appeal for the pumper with the certified contractor review board within thirty days of the request for hearing.
(c) The director may suspend the pumper's certificate pending the hearing with the certified contractor's review board.
(Ord. No. 32-09, § 8, 4-7-2009)
6.76.090 Certified installer requirements.
(1) It shall be unlawful for any person, firm or corporation to engage in installation, alteration, repair or modification of an on-site sewage system within Mason County without first obtaining an installer's certificate from the department except as noted in 246-272-0250 WAC.
(2) Requirements for installer certification shall include all of the following:
(a) Presentation to the director of evidence showing a minimum of one year experience working with a certified installer or some other experience that can be demonstrated to the director as providing knowledge and skills equivalent to having worked with a certified installer for a minimum of one year.
(b) Prior to issuance of a certificate, the director shall require written examination of the applicant's knowledge of on-site sewage system principals and the rules, regulations, laws and ordinances affecting the public health and safety with respect to on-site sewage systems.
(c) The initial certification fee shall be in accordance with the adopted fee schedule. At the end of each calendar year all certificates shall expire. Certificates may be renewed for a fee established by the adopted fee schedule. An installer's certificate shall not be transferable.
(d) Prior to the issuance of an installer's certificate, the applicant shall provide verification to the department of their current status as a specialty contractor.
(e) The installer shall accumulate twelve professional development hours for any three-year period.
(f) The installer is responsible for maintaining records to be used to support credits claimed. Records should include date of activity, instructor's name, description of activity, number of contact hours and location. The installer shall keep their records of continuing education for the current renewal period plus the three years before the last renewal. All continuing education records and supporting documentation must be furnished to the board upon request.
(3) Certificates may be suspended by the director or the certified contractor review board for a period not to exceed thirty days for incompetence, negligence, misrepresentation, or the installation, repair or modification of a system for which a permit has not been previously obtained, or for failure by the holder to comply with any other requirement of these regulations. Said suspension may be appealed by the holder of the certificate following the provisions of section 6.76.140 of these regulations and will be held in abeyance pending resolution of the appeal.
(4) An installer's certificate shall be revoked by the certified contractor review board for a period not to exceed one year for serious or repeated violations of any of the requirements of these regulations, using the following procedure:
(a) The chair of the certified contractor review board shall notify the installer in writing, stating the reasons for which the installer's certificate is subject to revocation and advising that the certificate shall be permanently revoked at the end of ten days following service of such notice, unless a written request for hearing is filed with the department by the holder of the installer's certificate within the ten-day period.
(b) The director shall schedule a special hearing of an appeal for the installer with the certified contractor review board within thirty days of the request for hearing.
(c) The director may suspend the installer's certificate pending the hearing with the certified contractor's review board.
(5) Any installer whose certificate has been revoked will be required to take the written examination again before issuance of a new installer's certificate.
(6) It shall be unlawful for an installer to engage in construction, alteration, repair or modification of an on-site sewage system within Mason County during the period his or her certificate is revoked or suspended.
(Ord. No. 32-09, § 9, 4-7-2009)
6.76.100 Certified operation and maintenance specialist requirements.
(1) It shall be unlawful for any person, firm or corporation to engage in operation and maintenance of an on-site sewage system within Mason County without first obtaining an operation and maintenance certificate from the department.
(2) Any operation and maintenance inspection required by the department shall be performed by appropriate personnel as specified in the "Mason County Public Health On-Site Standards."
(3) The requirements for maintenance specialist certification shall include all of the following:
(a) Presentation to the director of evidence showing a minimum of one year experience working with a certified maintenance specialist, working as a licensed designer or some other experience that can be demonstrated to the director as providing knowledge and skills equivalent to having worked with a certified maintenance specialist or as a licensed designer for a minimum of one year.
(b) Prior to issuance of a certificate, the director shall require written examination of the applicant's knowledge of on-site sewage system principals and the rules, regulations, laws, and ordinances affecting the public health and safety with respect to on-site sewage systems.
(c) The operation and maintenance specialist shall demonstrate to the director attendance of training in on-site wastewater treatment operation and maintenance at the northwest on-site wastewater training center or the equivalent.
(d) The initial certificate fee shall be in accordance with the adopted fee schedule. At the end of each calendar year, all certificates shall expire. Certificates may be renewed for a fee established by the adopted fee schedule. A maintenance specialist's certificate shall not be transferable.
(e) The operation and maintenance specialist shall accumulate twenty-four professional development hours for any three year period.
(f) The operation and maintenance specialist is responsible for maintaining records to be used to support credits claimed. Records should include date of activity, instructor's name, description of activity, number of contact hours and location. The operation and maintenance specialist shall keep their records of continuing education for the current renewal period plus the three years before the last renewal. All continuing education records and supporting documentation must be furnished to Mason County Public Health upon request.
(4) Copies of all maintenance reports, as prescribed by the health officer, shall be submitted to the Mason County Public Health monthly except as noted in subsection (6) of this section.
(5) A copy of the maintenance report, as prescribed by the health officer, shall be given to the homeowner at the time of service.
(6) An operation and maintenance specialist's certificate may be suspended by the director or certified contractor review board for a period not to exceed thirty days for: failure to report to the department within two working days, nonfunctioning on-site components that could result in human contact with sewage effluent, failure to report to the department within seven working days nonfunctioning on-site components the could result in further system damage, failure to report to the department within twenty working days other nonfunctioning on-site sewage system components, or other incompetence, negligence, or misrepresentation. Said suspension may be appealed by the holder of the certificate following the provisions of section 6.76.140 of these regulations and will be held in abeyance pending resolution of the appeal.
(7) A maintenance specialist's certificate shall be revoked by the certified contractor review board for a period not to exceed one year for serious or repeated violations of any of the requirements of these regulations, using the following procedure:
(a) The chair of the certified contractor review board shall notify the maintenance specialist in writing, stating the reasons for which the maintenance specialist's certificate is subject to revocation and advising that the certificate shall be permanently revoked at the end of ten days following service of such notice, unless a written request for hearing is filed with the department by the holder of the installer's certificate within the ten-day period.
(b) The director shall schedule a special hearing of an appeal for the maintenance specialist with the certified contractor review board within thirty days of the request for hearing.
(c) The director may suspend the maintenance specialist's certificate pending the hearing with the certified contractor's review board.
(8) Any operation and maintenance specialist whose certificate has been revoked will be required to take the written examination again before issuance of a new operation and maintenance specialist's certificate.
(9) It shall be unlawful for an operation and maintenance specialist to engage in any on-site inspections within Mason County during the period his or her certificate is revoked or suspended.
(Ord. No. 32-09, § 10, 4-7-2009)
6.76.110 Certified contractor review board.
(1) The director shall establish and maintain a review board called the certified contractor review board.
(2) The review board shall meet as needed or as determined by the health officer to evaluate the performance of all certified Mason County pumpers, installers, and operation and maintenance specialists to determine whether they have the capacity and proven record of performing their jobs in a manner that is acceptable for the protection of public health, and to recommend to the director appropriate disciplinary action for contractors that do not meet minimum performance standards, and to hold hearings and make determinations on appeals of decisions by the director pertaining to certified contractors.
(3) The review board shall act under by-laws adopted by the board. Copies of said document shall be kept on file and made available for public inspection at the department office.
(Ord. No. 32-09, § 11, 4-7-2009)
6.76.120 On-site sewage advisory committee.
(1) The director shall establish and maintain an advisory committee called the on-site sewage advisory committee.
(2) The advisory committee shall meet a minimum of once each year to evaluate department policies and procedures pertaining to the on-site sewage program, "Mason County Public Health Standards" and all relevant local ordinances and codes. The committee will present findings and make recommendations to the director and the board of health.
(3) The advisory committee shall act under by-laws adopted by the Board. Copies of said document shall be kept on file and made available to the public at the Mason County Public Health office.
WEED CONTROL DISTRICTS
PUBLIC DOCKS
SLUDGE UTILIZATION AND DISPOSAL
HAZARD COMMUNICATION PROGRAM
GROUP B WATER SYSTEM REGULATIONS
WATER ADEQUACY REGULATIONS
SOLID WASTE AND BIOSOLIDS HANDLING AND FACILITIES REGULATIONS
CONTAMINATED PROPERTIES
ON-SITE SEWAGE REGULATIONS*