HomeMy WebLinkAbout34-88 - Res. Moratorium on Building Permits for Hazardous & Moderate Risk WasteRESOLUTION NO. 34-88
MORATORIUM ON FILING AND PROCESSING OF BUILDING PERMITS
FOR HAZARDOUS AND MODERATE -RISK WASTE STORAGE, TREATMENT
AND DISPOSAL FACILITIES IN UNINCORPORATED A ON 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, the Legislature of the State of Washington has further declared
that safe and responsible management of hazardous waste requires an
effective planning process (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 is proceeding to formulate 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 study on infectious waste is to be completed by January 1,
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
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 trealluent, 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. PROVIDED further that this
Nbritorium shall not be construed as a "ban" on such facilities.
This moratorium shall expire upon the completion of final action by the
Mason County Board of Commissioners on changes to the Mason County
Comprehensive Plan regarding hazardous waste and moderate -risk waste
facilities. If final action on the hazardous waste and moderate -risk waste
facilities siting study is not completed by June 30, 1990, the Board of
County Commissioners will review the need to continue this moratorium.
DATED this 19th day of April , 1988.
APPROVED AS TO FORM
Prosecuting Attorney
ATTEST:
(::;i4ee4 OLEN
Clerk of the Board
Page 2
BO
SIONERS
Chairman Gibson
Absent 4/19/88
Commissioner M^Gee