HomeMy WebLinkAbout104-90 - Res. Amends Res. 34-88 Moratorium on Filing & Processing Building PermitsRESOLUTION NO. 104-90
AMENDS RESOLUTION 34-88
MORATORIUM ON FILING AND PROCESSING OF BUILDING PERMITS
FOR HAZARDOUS AND MODERATE -RISK WASTE STORAGE, TREATMENT
AND DISPOSAL FACILITIES IN UNINCORPORATED MASON COUNTY.
WHEREAS, Mason County recognizes and accepts the definition of hazardous and
moderate -risk waste as defined in WAC 173-303, including hazardous waste characteristics
identified in WAC 173-303-090 and WAC 173-303-103; and
WHEREAS, Mason County recognizes and accepts the definition of treatment,
storage and disposal facilities found in WAC 173-303-040; and
WHEREAS, the Legislature of the State of Washington has declared that safe and
responsible management of hazardous waste is necessary to prevent adverse effects on the
environment and to protect public health and safety (Chapter 70.105 RCW); and
WHEREAS, Mason County recognizes communities must assume responsibility for
hazardous waste; and
WHEREAS, Mason County concurs with the Legislature of the State of Washington
that responsible, planned management of hazardous waste is necessary to prevent adverse
effects on the environment and to protect public health and safety; and
WHEREAS, Mason County has found that the Mason County Comprehensive Plan,
Mason County Building Code and Solid Waste Disposal Permits do not provide sufficient
policy direction or siting criteria to address issues raised regarding hazardous waste
treatment and storage facilities; and
WHEREAS, RCW 70.105.200 through 70.105.270 require counties, including Mason
County, to designate land use zones in which hazardous waste treatment, storage and
disposal facilities will be allowed as permitted uses and such zone designations must be
submitted to the Department of Ecology for approval by June 30, 1988; and
WHEREAS, Mason County did on December 21, 1987, by written correspondence
affirm its intention to designate zones for hazardous waste treatment, storage and disposal
facilities by June 30, 1988; and
WHEREAS, RCW 70.105.200 through 70.105.270 also require counties, including
Mason County, to prepare a local hazardous waste plan to be submitted to the Department
of Ecology for approval by June 30, 1990; and
WHEREAS, Mason County did on December 21, 1987, by written correspondence
affirm its intention to prepare and submit a hazardous waste plan; and
WHEREAS, Mason County has formulated a citizens' solid waste advisory board to
advise the County on the preparation of its solid and hazardous waste planning; and
WHEREAS, the 1987 session of the Legislature of the State of Washington did by
SSB 6269 direct the Department of Ecology and the Department of Social and Health
Services to prepare a study addressing the production, handling, storage and disposal and
the potential health threats associated with each aspect of infectious wastes; and
WHEREAS, the Department of Ecology study on infectious waste has been
completed and is in effect as of October 22, 1990; and
WHEREAS, the above -referenced zone designations, hazardous waste plan, infectious
waste study and citizens' solid waste advisory board is a long planning process to ensure
appropriate review of hazardous waste facilities siting considerations and protect the public
health and welfare; and
RESOLUTION NO. 104-90
PAGE 2
WHEREAS, Mason County wishes to amend its Comprehensive Plan with a local
hazardous waste plan and such revisions could significantly change the processing, siting and
development standards as they relate to hazardous waste and moderate -risk waste treatment,
storage and disposal facilities; and
WHEREAS, Mason County anticipates resource agencies of the State of Washington
to develop data concerning hazardous waste and moderate -risk waste treatment, storage and
disposal facilities siting and will utilize said data in the clarification of policy and in
developing criteria for the siting of said facilities; and
WHEREAS, these revisions will address concerns of industry and the community in
an attempt to define a more predictable process in the siting of said facilities; and
WHEREAS, applications submitted for hazardous waste and moderate -risk waste
facilities projects during the interim period might vest under the regulations in effect at the
time the application is made; and
WHEREAS, the intended effect of possible amendments could be foreclosed or
thwarted by applications vesting during the interim period; and
WHEREAS, this Board determines that the above facts necessitate additional time
for planning, supporting adoption of a moratorium.
NOW, THEREFORE, a Moratorium is ordered, and ordained on the acceptance for
filing of the processing of applications for hazardous waste and moderate -risk waste
treatment, storage and disposal facilities projects. For the duration of the moratorium or
during the review period on this moratorium, Mason County shall not accept for filing and
shall not process any application for hazardous waste and moderate -risk waste treatment,
storage and disposal facilities projects subject to the Mason County Environmental Policy
Ordinance and/or Mason County Building Code. PROVIDED that this Moratorium does
not apply to existing, built treatment, storage and disposal facilities; and PROVIDED
further that on -site treatment or storage are exempt from this Moratorium; and
PROVIDED further that this Moratorium shall not be construed as a "ban" on such
facilities.
This Moratorium shall expire upon the completion of final action by the Board of Mason
County Commissioners on changes to the Mason County Comprehensive Plan regarding
hazardous waste and moderate -risk waste facilities which portion shall be completed as
mandated by law.
DATED this 18th day of December, 1990.
ATTEST:
Rebecca S. Rogers, Clerk the Board
Al:PROVED AS TO FORM:
Deputy Prosecuting Attorney
Michael Clift
A:\MORATORIUM
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
Michael D. Gibson, Chairperson
William O. Hunter, Commissioner
Laura E. Porter, Commissioner