Current through Register Vol. 24-18, September 15, 2024
(1) A
person may not keep or shelter animals in such a manner that the domestic
animal waste creates a nuisance or health hazard. The purpose of this section
is to establish standards for the prevention, control, and abatement of health
hazards and nuisance detrimental to human health related to the disposal of
domestic animal waste, including handling and storage of domestic animal waste,
as described in subsection (3) of this section.
(2) The following definitions apply
throughout this section unless the context clearly indicates otherwise.
(a) "Containment area" means an area where
domestic animals are held, housed, or kept for a period of time and includes,
but is not limited to, stables, corrals, confinement areas, kennels, pens, and
yards.
(b) "Domestic animal" means
an animal domesticated to live and breed in a tame condition under the care of
humans. Domestic animal includes livestock and nonlivestock such as dogs and
cats.
(c) "Domestic animal waste"
means excreta from a domestic animal and includes associated wash water, feed,
and bedding soiled with the excreta.
(d) "Health hazard" includes any organism,
chemical, condition, or circumstance that poses a direct and immediate risk to
human health.
(e) "Livestock" means
domestic animals raised for use or for profit, especially on a farm, and
includes horses, mules, donkeys, cattle, bison, sheep, goats, swine, rabbits,
llamas, alpacas, ratites, poultry, waterfowl, and game birds.
(f) "Local health officer" means the legally
qualified physician appointed as a health officer pursuant to chapter 70.05,
70.08, or 70.46 RCW, or an authorized representative.
(g) "Nuisance" includes an act or omission
that harms, endangers, or interferes with the health or safety of another
person.
(h) "Person" means any
individual, corporation, company, association, society, firm, partnership,
joint stock company, or any governmental agency, or the authorized agents of
these entities.
(i) "Sanitary"
means of or relating to conditions that affect hygiene and health, especially
relating to cleanliness and other precautions against disease.
(j) "Stockpiling" means the temporary piling
of domestic animal waste from livestock prior to use or disposal. Stockpiling
does not include active composting or lagoon storage of domestic animal waste
from livestock.
(k) "Surface water"
means a body of water open to the atmosphere and subject to surface runoff
including, but not limited to, lakes, ponds, streams, rivers, and marine
waters.
(3) Unless a
standard is superseded by a more stringent standard in federal, state, or
municipal law, a person must meet the following standards in order to help
prevent, control, and abate nuisance and health hazards related to the disposal
of domestic animal waste. For purposes of these rules, examples of more
stringent standards include, but are not limited to, the Dairy Nutrient
Management Act, chapter 90.64 RCW, the state Water Pollution Control Act
(WPCA), chapter 90.48 RCW, agricultural activities nuisance law under
RCW
7.48.300 through
7.48.320,
concentrated animal feeding operations permits issued by the department of
ecology under the federal Clean Water Act and/or the WPCA, and fugitive dust or
air emission plans approved by the department of ecology or a local government
agency under the Washington Clean Air Act, chapter 70A.15 RCW. Except for
open-range grazing, livestock trails, trail riding, and other diffuse sources
of domestic animal waste, a person must:
(a)
Collect domestic animal waste at intervals sufficient to maintain sanitary
conditions in containment areas;
(b) Handle domestic animal waste to prevent
deposition, leaching, and runoff to:
(i)
Another person's property;
(ii)
Drinking water sources; and
(iii)
Surface water bodies used for swimming, shellfish harvesting, or other activity
with potential to affect human health;
(c) Handle domestic animal waste from
nonlivestock as follows:
(i) Hold the waste
in a watertight container if stored for more than one day prior to proper
disposal; and
(ii) Bag and dispose
of the waste as solid waste, unless waste is composted by a regulated compost
facility per WAC
173-350-220;
and
(d) Handle domestic
animal waste from livestock that is collected and stockpiled for later use or
disposal as follows:
(i) Apply control
measures as reasonable to minimize and reduce odors and attraction of flies and
rodents;
(ii) Store the waste no
longer than one year; and
(iii)
Site the stockpile:
(A) One hundred feet or
more from a drinking water well;
(B) Two hundred feet or more from a public
drinking water spring;
(C) Outside
the sanitary control area of a public drinking water source if different from
the areas set forth in (d)(iii)(A) and (B) of this subsection;
(D) One hundred feet or more from a surface
water body unless:
(I) The surface water body
is upgradient or is protected by a levee or other physical barrier;
or
(II) The surface water body is
protected by one or more control or treatment practices that capture and
prevent leachate. Practices include, but are not limited to, storage pads,
covers, storage structures, and filter strips; and
(E) Outside seasonally or frequently flooded
areas unless used or disposed of prior to flooding.
(4) The local health
officer may investigate and enforce this section. Enforcement actions may
include any proceeding within the local health officer's statutory authority.
Before taking enforcement action the local health officer must attempt to
communicate with the person who may be in violation of this section to explore
the facts and, if the local health officer determines that a violation has
occurred, seek voluntary compliance by education and allow the person
reasonable time to correct the violation.
Statutory Authority:
RCW
43.20.050. 91-02-051 (Order 124B), recodified
as § 246-203-130, filed 12/27/90, effective 1/31/91; Regulation .50.130,
effective 3/11/60.
