Análise Histórico

8.1 INTRODUCTION

The purpose of this chapter is to review the regulatory and administrative activities in Jefferson County for solid waste.

8.2 REGULATION AND ADMINISTRATION

8.2.1 Existing Conditions

At the federal and state levels, the primary regulatory authorities for solid waste management are the Environmental Protection Agency (EPA) and the Washington State Department of Ecology (Ecology), respectively. Jefferson County is in the jurisdiction of the southwest regional office of Ecology, located in Lacey, Washington. At the local level, the responsibility for solid waste administration and enforcement is shared among several departments of Jefferson County and the City of Port Townsend.

Federal Level

At the federal level, the Resource Conservation and Recovery Act of 1976 (RCRA), as amended by the Solid Waste Disposal Act Amendments of 1980 (42 U.S.C. 6901-6987), is the primary body of legislation dealing with solid waste. Subtitle D of RCRA deals with non-hazardous solid waste disposal and requires the development of a state comprehensive solid waste management program that outlines the authorities of local, state and regional agencies. Subtitle D requires that the state program must prohibit “open dumps” and provide that all solid waste is disposed in an

environmentally-sound manner.

Locally, the naval installation on Indian Island is the only federal facility in the County directly involved in solid waste management. As mentioned in the previous chapter, this facility operates an inert landfill for the disposal of concrete from on-site demolition activities. This facility also currently has a permit for bioremediation of petroleum-contaminated soil, although this is not actively being conducted at this time. Other aspects of their solid waste management system are handled through local services and programs. A provision of RCRA requires that federal facilities comply with substantive and procedural regulations of state and local governments, and so military installations and federal agencies must operate in a manner consistent with local solid waste management plans and policies.

State Level

The State Solid Waste Management Act, Chapter 70.95 the Revised Code of Washington (RCW), provides for a comprehensive, statewide solid waste management program. Ch. 70.95 RCW assigns primary responsibility for solid waste handling to local governments, giving each county, in cooperation with its cities, the task of setting up a coordinated county solid waste management plan that places an emphasis on waste reduction and recycling programs. Enforcement and regulatory responsibilities are assigned to cities, counties, or jurisdictional health departments, depending on the specific activity and local preferences.

The Minimum Functional Standards for Solid Waste Handling (Ch. 173-304 WAC) were promulgated by Ecology under the authority granted by Ch. 70.95 RCW. The Minimum

Functional Standards reflect the State's solid waste management priorities and desire to protect the environment from adverse impacts that may be created by solid waste disposal facilities. A separate section, Ch. 173-351, Criteria for Municipal Solid Waste Landfills, contains the current standards for landfills.

Chapter 36.58 RCW, Solid Waste Disposal, establishes the counties’ rights and responsibilities regarding solid waste management, including the authority to establish solid waste disposal districts. The authority to establish solid waste collection districts is provided in Chapter 36.58A. An important State rule that will impact solid waste management in Jefferson County is the ban on outdoor burning (see Section 5.2.2 for further details). Other Federal, State and local air quality regulations may also apply to specific activities in Jefferson County, especially OAPCA (Olympic Air Pollution Control Authority) Regulation 1 and Ch. 173-400 and 173-460 WAC. These

regulations include requirements for odor, fallout and other potential air quality impacts. As part of these requirements, pre-approval by OAPCA may be necessary for modifications in existing sources and construction of new sources, including landfills, transfer stations, composting facilities and incinerators.

Other relevant State legislation includes Washington's Model Litter Control and Recycling Act. The Model Litter Control and Recycling Act (Ch. 70.93 RCW) and associated State regulations (Ch. 173-310 WAC) generally prohibit the deposit of garbage on any property not properly

designated as a disposal site. There is also a “litter fund” that has been created through a tax levied on wholesale and retail businesses, and the monies from this fund are being used for education, increased litter clean-up efforts, and grants to counties for illegal dump clean-up activities.

Local Level

In Jefferson County, the local governmental organizations involved in solid waste management include the Jefferson County Department of Public Works, the Jefferson County Environmental Health Division, and the City of Port Townsend. The Jefferson County Solid Waste Advisory Committee (SWAC) also plays an important role in administering the solid waste management system in Jefferson County. Each of these entities has a particular area of operations, providing specific services to the residents within that area and enforcing specific rules and regulations. Local rules that affect solid waste management include ordinances, land use plans and zoning codes.

Jefferson County Department of Public Works: At the county level, the Department of Public Works is the agency primarily responsible for solid waste management activities for Jefferson County. The Jefferson County Department of Public Works operates the Waste Management Facility and the rural drop box system, and manages the Recycle Center lease and the waste export contract. Staffing includes dedicated personnel, such as a solid waste foreman, scale attendant, part-time transfer station attendants and drop box site attendants, and assistance as needed from the director, financial manager, operations manager and solid waste coordinator. Altogether, 9.3 full- time equivalents (FTE’s) were being funded from the 1999 solid waste budget.

appropriate mechanisms. Total expenditures by Jefferson County for solid waste activities in 1999 were projected to amount to $1,804,674. The revenues to pay for these expenses came primarily from tipping fees funds plus some grant and bond funds. The bond funds are unexpended funds from a previously-issued bond. Table 8.1 shows more detail on budget and expenditures for 1998, 1999 and 2000, while Table 8.2 shows projected revenue requirements through the year 2008. Jefferson County Environmental Health Division: The Environmental Health Division of the Jefferson County Department of Health and Human Services is the local enforcement agency for County and State regulations regarding solid waste activities. Whenever the situation is not covered by County ordinances, Environmental Health enforces State regulations. The Environ- mental Health Division is the responsible local authority (per RCW 70.95.160) for issuing permits for solid waste facilities, and inspects and monitors the closed landfill and all other facilities that may impact human health.

The permit process for disposal facilities requires an application and approval for new sites, and an annual review and renewal for existing permits (although permits can be renewed for up to five years in some cases). The initial application form, developed by the Washington Department of Ecology, requires information about the types of waste to be disposed, environmental conditions of the area and operating plans. Permit fees are based on the relative risk of environmental and public health threats as a measure of the degree of regulatory monitoring needed.

Unpermitted and illegal sites are a problem in the County. Private residential dumps have created nuisance problems in some areas. County action against these offenses is often slow or nonexistent due to funding, personnel and priority constraints, although additional funding for enforcement is available from Ecology through the CPG program. Illegal dumping enforcement may be addressed through enforcement of State laws regarding solid waste disposal (Ch. 173-304 WAC) or Jefferson County ordinances concerning solid waste disposal and or littering. Generally, enforcement of solid waste laws and regulations is the responsibility of the Jefferson County Environmental Health. The Sheriff’s Department is the enforcement authority for littering.

City of Port Townsend: The Public Works Department for the City of Port Townsend is involved in solid waste management in several ways, including operating the Port Townsend Biosolids Compost Facility and managing the contract for garbage collection (with assistance from other city staff as needed). The Utility Department handles billing for garbage and recycling as well as handling related service questions. The City of Port Townsend’s solid waste programs are funded through residential and commercial garbage collection fees.

Illegal dumping and litter control within the City is enforced through the Municipal Code (Chapters 6.04 and 6.06), plus the Uniform Housing Code as it applies to nuisance abatement. Another City Code that merits attention here is the City’s ban on using polystyrene foam packaging for food. This ban, the “unlawful use of harmful packaging materials” was adopted in 1989 as Chapter 6.20 of the City code, and is effective only within City limits.

Tribal Councils: As mentioned in Chapter 1, there are three Tribes who are located or active in Jefferson County (the Hoh, Quinault and Jamestown S’Klallam Tribes). The Tribes are governed by a Tribal Council or Committee made up of elected members. The Councils hold regular meetings and handle the business affairs of the Tribes. These Tribes are not currently active in administration and enforcement issues for solid waste management, but they have the option of exercising solid waste management authority over tribal lands. In doing so, the Tribes need to abide by federal regulations and policies outlined in the Resource Conservation and Recovery Act (RCRA).

Table 8.1. Jefferson County Solid Waste Budget.