HomeMy WebLinkAboutHE Determination SP 2023-011 Trilogy MedWaste West CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) FINDINGS OF FACT,
CONCLUSIONS OF LAW,
CONDITIONS OF APPROVAL AND
DECISION
SP 2023-011 )
Trilogy MedWaste West LLC )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on
October 11, 2023, the Hearing Examiner having taken evidence hereby submits the following
Findings of Fact,Conclusions of Law,and Decision as follows:
I. FINDINGS OF FACT
1. Legal: Frey's Addition Lots 1 through 12,Block 16 Together with 10'of Vacated Alley, 10'
of Vacated Salt Lake Street and 40'of Vacated Montana Street(Parcel 113502079).
2. General Location: Located on the south side of East Salt Lake Street between North
California and North Utah Avenues.
3. Property Size: Approximately 1.4 acres(61,247.81 square feet).
4. ACCESS: The property has access from East Salt Lake Street.
5. UTILITIES:Municipal water and sewer services are available from East Salt Lake Street.
6. LAND USE AND ZONING: The property is zoned C-3 (General Commercial) and is
developed with a commercial warehouse/office facility. Surrounding properties are also
zoned C-3 and developed as follows:
North C-3 Commercial Warehouse/Office
East C-3 Vacant
South C-3 Vacant
West C-3 Commercial Warehouse/Office
7. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Commercial
uses. Per the Comprehensive Plan, solid waste handling facilities are considered"Essential
Public Facilities(EPF); these facilities are capital facilities typically difficult to site because
of potential adverse impacts related to size,bulk,hazardous characteristics, noise, or public
health and safety. As per the submitted SEPA Checklist, "Spills of medical waste could occur
during processing of waste;"and"Spill kits available at warehouse and on vehicles."Per the
Comprehensive Plan,the siting process should be consistent with the Franklin County-Wide
Planning Policies(CWPP).Policy IV of the CWPP indicates that the County and Cities,
along with public participation, shall develop a cooperative regional process to site EPF of
regional and statewide importance. The objective of the process shall be to ensure that such
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facilities are located so as to protect environmental quality, optimize access and usefulness to
all jurisdictions,and equitably distribute economic benefits/burdens throughout the region or
county.No local comprehensive plan or development regulations will preclude the siting of
essential public facilities, but standards may be generated to ensure that reasonable
compatibility with other land uses can be achieved. The City establishes the siting criteria
with the understanding that some EPF's may not pose any siting difficulties beyond those
associated with commercial or public developments. The Planning Director will determine if
the facility is an Essential Public Facility. If the facility does not present siting difficulties, it
will be relegated to the normal siting process applicable to a facility of its type, as identified
in the PMC. Pasco reviews the siting of EPF's with a process established in PMC 25.200,
Special Permits. EPF's are listed as unclassified uses in the City's development regulations.
As such these uses are generally not restricted by zoning districts, but due to their nature
require extraordinary review through the special permit review process prior to locating
within the City. Unclassified uses are listed in PMC 25.200.20 and include the facilities
discussed above. If the facility does present siting difficulties, it should be subjected to the
siting process as follows:
7.1 Option 1:
7.1.1 Determining the Essential Public Facilities.Determine whether the facility is
identified as an EPF in the City, County or State list of such facilities and is
consistent with the definition under the Growth Management Act. Also,
determine that it provides services to the public and there are difficulties in
siting the facility in terms of limited availability of sites, location needing
proximity to another public facility, and anticipated adverse environmental
impact.
7.1.2 Review and permit. Review should determine the applicability of the facility,
whether such facility already exists,and the service level is adequate.
Consistency with the Comprehensive Plan should also be reviewed. The City
will participate in an inter-agency review if the facility is of a statewide,
countywide or regional nature. Alternative sites for appropriate location and
regional fair share should also be considered during the interagency review.
Finally, impacts should be identified along with appropriate mitigations
measures.
7.1.3 The review process can be a case-by-case approach where additional review
processes may be required due to the unique nature of the facility.Public
should be engaged according to the statutory requirements, and if the facility
is anticipated to have an impact on the community.
7.1.4 Permitting should begin according to the City's development regulations
after determination and review of such facilities.Conditions can be added
during the permitting process to address adverse impacts.
7.2 Option 2:
7.2.1 The following additional review shall be combined with the permitting
process. However, some review shall be required prior to the permitting
process, such as finding the appropriate location for the facility.
7.2.1.1 Applicability. Review shall determine the need of the facility in the light of
established level of service. It shall review whether such facility already
exists,and the service level is adequate or can be accommodated in an
existing facility.
7.2.1.2 Consistency with the Comprehensive Plan. Facilities shall be consistent with
the Comprehensive Plan land use map and policies. Facilities, if provided
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through a special district plan,the special districts plan must also be
consistent with the Comprehensive Plan.
7.2.1.3 Multi jurisdictional approach and CWPP. The facility needs to be consistent
with the County-Wide Planning Policies. Interagency review shall be
required if the facility is of a statewide,countywide or regional nature.
7.2.1.4 Location. Review of alternative sites for appropriate location and regional
fair share considerations.
7.2.1.4.1 Facilities shall be allowed in the zoning districts according to the
Essential Public Facilities table.
7.2.1.4.2 Review and compare between several alternative sites within the
City if it is a City provided Essential Public Facility.
7.2.1.4.3 Consider several alternative sites in other jurisdictions as well if
the facility is a state or county Essential Public Facility providing
services of regional nature.
7.2.1.5 Impact and mitigation.Identify the potential impacts of the proposed facility.
Impacts shall be identified in the most comprehensive manner to include
social,environmental and economic impacts. Measures shall be taken to
mitigate the adverse impacts such as noise,odor,pollution,traffic, aesthetics
and health and safety concerns.
7.2.1.6 Cost-benefit analysis. The facility's financial impact on the City shall be
analyzed. If analysis shows that it would cause a disproportionate financial
burden for the community, an agreement shall be required among
jurisdictions to mitigate the adverse financial burden when the facility offers
regional services.
7.2.1.7 Case-by-case approach. Director of the Community Planning or person of a
similar responsibility may add additional review process if required due to
the unique nature of the facility. Conditions shall be added in each case to
mitigate the adverse impacts and to make the facility compatible with the
affected area. All the issues that make the specific facility difficult to site
shall be appropriately addressed and mitigated.
7.2.1.8 Public involvement. The public shall be notified according to the statutory
requirements.Public meetings shall be conducted by the applicant before the
public hearing to address public concerns.
8. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this
project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City
development regulations, and other information, a threshold determination resulting in a
Mitigated Determination of Non-Significance (MDNS) was issued for this project under
WAC 197-11-158 on October 10, 2023.
9. PROPOSAL: The Applicant, Chad Plata, on behalf of Trilogy MedWaste West LLC,
requested permission to collect and transport medical waste to a trailer located at 1620 E Salt
Lake St. Suite B (Parcel 113502079), Pasco, Washington, 99301. A rented warehouse on site
will be utilized as office space and for storage of empty, clean waste containers. Sealed
waste-filled containers will be scanned, weighed, and transferred to the trailer; no waste-filled
containers will be opened. One 26' box truck and one 53' trailer will be stored on-site and
utilized for the collection and storage of medical waste. Per Pasco Municipal code (PMC)
25.165.120(3) uses or activities that process or dispose of medical wastes as defined by
Chapter 173-303 WAC are required to obtain a special permit following the procedures of
Chapter 25.200 PMC.
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10. The site comprises approximately 1.4 acres (61,247.81 square feet), is zoned C-3 (General
Commercial) and is developed with a commercial warehouse/office facility. Surrounding
properties are also zoned C-3 and either vacant or developed with similar uses.
11. There is one Pasco School District #1 school (Marie Curie STEM Elementary) to the south,
and one proposed (Career and College Academy High School) to the north that are both
within a 500' radius of the site. Whittier Elementary School is located adjacent to the east of
Marie Curie, slightly more than 500' from the site.
12. The site is located on Lots 1 through 12, Block 16 of the 1888 Frey's Addition to Pasco
subdivision. The subdivision was de-annexed in 1921 (Ordinance 319) and re-annexed in
1963 (Ordinance 1078).
13. The site was improved with an 80' X 145' (11,600 square foot) steel shell industrial building
in 2016. Powder coating equipment was installed in the north 1/z of the building in 2019.
14. Trilogy MedWaste West, LLC has historically operated in Kennewick WA under certificate#
G-069567.
15. Per applicant, "Waste collected in healthcare facilities will be contained in D.O.T. approved
tubs or disposable boxes that will be lined with a plastic liner, the liner will be knotted and a
lid placed on the tub or box. The tubs and/or boxes will be loaded in the trailer will be
tracked with a unique barcode containing the date of pick-up and generator name. Also, a
tracking document copy will be stored in the trailer showing generator name, address, contact
information, number of containers picked-up and date, allowing BFHD to track any waste
stored in the trailer.
16. "Sharps" are required to be deposited into approved sharps container prior to placement in
boxes or tubs. When handling any medical waste/sharps containers, personnel are
encouraged to use available protective gloves if he/she chooses to do so.
17. "The waste does not leave its original packaging and the container is just moved onto a trailer
for transport."
18. An email from the City of Pasco's waste disposal franchisee Basin Disposal Inc. (BDI)
indicates that the collection of medical waste is a specialize service which Basin does not
provide, and that BDI is specifically exempted from collecting medical waste, as per WAC
480-70-041, and Chapter 70A.228 RCW.
19. Notice of the public hearing was sent to property owners within 300 feet of the subject
property and the newspaper on 20 September 2023.
20. Notice of the project was sent to Pasco School District (PSD #1) on 14 August 2023. No
response was received.
21. As per Pasco Municipal Code (PMC) 25.200.080, Upon conclusion of the open record
hearing, the Hearing Examiner shall make and enter findings from the record and conclusions
thereof as to whether or not:
21.1 Will the proposed use be in accordance with the goals,policies, objectives, and text
of the Comprehensive Plan?
21.1.1 Hearing Examiner Finding: Per the Comprehensive Plan, solid waste
handling facilities are considered "Essential Public Facilities (EPF); these
facilities are capital facilities typically difficult to site because of potential
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adverse impacts related to size, bulk, hazardous characteristics, noise, or
public health and safety.
21.1.2 Per the Comprehensive Plan, the City establishes the siting criteria with the
understanding that some EPF's may not pose any siting difficulties beyond
those associated with commercial or public developments. The Planning
Director will determine if the facility is an Essential Public Facility. If the
facility does not present siting difficulties, it will be relegated to the normal
siting process applicable to a facility of its type, as identified in the PMC.
21.1.3 Pasco reviews the siting of EPF's with a process established in PMC 25.200,
Special Permits. EPF's are listed as unclassified uses in the City's
development regulations. As such these uses are generally not restricted by
zoning districts, but due to their nature require extraordinary review through
the special permit review process prior to locating within the City.
21.2 Will the proposed use adversely affect public infrastructure?
21.2.1 Hearing Examiner Finding: Public infrastructure is adequate for the proposed
use, as the use would have minimal impact.
21.3 Will the proposed use be constructed, maintained and operated to be in harmony with
existing or intended character of the general vicinity?
21.3.1 Hearing Examiner Finding: The site is already developed with a commercial
warehouse and office structure. Pasco municipal code 25.180.110 specifies
that "[a]ll landscape and screening required under this chapter shall be so
maintained as to not detract from the purpose of this chapter and shall be
kept reasonably free of weeds and trash. The owner, occupants and persons
responsible for or having control of the premises shall be responsible for
such maintenance.
21.4 Will the location and height of proposed structures and the site design discourage the
development of permitted uses on property in the general vicinity or impair the value
thereof?
21.4.1 Hearing Examiner Finding: The site is already developed with a commercial
warehouse and office structure. Not further construction is anticipated in
conjunction with the proposal.
21.5 Will the operations in connection with the proposal be more objectionable to nearby
properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than
would be the operation of any permitted uses within the district?
21.5.1 Hearing Examiner Finding: Only one vehicle trip per day is contemplated for
this proposed use.
21.5.2 Per Applicant: "Once waste is placed in the staged trailer, it will be swapped
at a minimum on a weekly basis. The trailer will be parked at a designated
area that is fenced and locked. will remain padlocked when not being loaded
and when WM Healthcare Solutions personnel are not in attendance. "All
spills and/or biological events occurring during transport, processing or
treatment will be assessed by internal staff to determine if outside resources
are required for cleanup purposes. Trained internal staff will respond to
spills of less than 20 gallons. Spills exceeding this threshold will require
external response. For these events, WM will contact a certified third-party
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spill responder to provide necessary cleanup. "In the event of a spill/leak, the
vehicle will be decontaminated using an EPA approved disinfectant and the
leaking container will be properly labeled and placed in a leak proof over-
pack. "A spill kit will be located at interior and exterior storage area sites.
Spill kits will contain the following contents: Granulated absorbent material
(e.g., floor-dry), plastic bags, shovel; broom, dust pan, liquid disinfectant (3-
8% sodium hypochlorite and 0.01-0.05% sodium hydroxide sodium mixed
with water at a I to 5 dilution) and PPE (rubber gloves, face shield, and
Tyvek suit(incl. booties)."
21.6 Will the proposed use endanger the public health or safety if located and developed
where proposed, or in any way will become a nuisance to uses permitted in the
district?
21.6.1 Per applicant:"The trailer is a 53' lockable enclosed trailer with metal floors.
The trailer can hold up to 30,000 lbs. or approximately 500 containers. All
waste stored in the trailer will meet WAC 480-70-041 Definition of
Biomedical Waste and WM will not accept any hazardous materials. Medical
waste will be transported under the authority of Washington Utilities and
Transportation Certificate G-237. Only WM Healthcare Solutions personnel
will have access to locked trailers."
22. An open record public hearing after due legal notice was held October 11, 2023, with the
staff and the public appearing in person, and the Hearing Examiner appearing via Zoom
videoconference.
23. Appearing and testifying at the hearing was Chad Plata. Mr. Plata testified that he was an
agent authorized to appear on behalf of the Applicant/property owner. Mr. Plata testified that
he agreed with all representations in the staff report and with all the Conditions of Approval.
24. No members of the public testified at the hearing.
25. One written public comment was received on October 9, 2023 from Don Barnes opposing the
project, and was admitted into the record.
26. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
27. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as
such by this reference.
H. CONCLUSIONS OF LAW
I. The Hearing Examiner has been granted the authority to render this decision.
2. This project as conditioned is consistent with the Pasco Comprehensive Plan and Pasco
Municipal Code.
3. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as
such by this reference.
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III. DECISION
Based on the above Findings of Fact and Conclusions of Law, the Hearing Examiner APPROVES
Application SP 2023-011 subject to the following Conditions of Approval.
IV. CONDITIONS OF APPROVAL
All conditions imposed by this decision shall be binding on the applicant, which includes the owner
or owners of the properties, heirs, assigns, and successors.
1. The special permit shall apply to Parcel# 113502079.
2. Each employee involved in the operations at the facility shall undergo training as required by
the applicable local, state, and federal regulations as well as internal corporate requirements.
3. All employees shall have annual medical surveillance evaluations.
4. All waste shall be contained in PG2 DOT approved containers and never leave containment.
5. Applicant shall coordinate design of appropriate screening with CED and the Pasco School
District.
6. The Special Permit shall become null and void if one or more of the following occur on the
premise:
6.1 The site becomes a public nuisance, as defined in per PMC 9.90.
6.2 Nuisance activities, as defined in per PMC 9.90 persist at the site.
Dated this j_ day of October, 2023.
CITY OF PASCO HEARING EXAMINER
,
"'Andrew L. Kottkamp
Absent a timely appeal,this Decision is final'
' See Ch. 36.70C RCW (establishing a 21 day appeal period to superior court,and setting forth necessary
review contents,along with filing and service requirements).
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