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04/24/2008: "Private Dumps Not Legal"

(Reader submitted photo)

Pierrette Guimond was surprised to learn that it is not only legal to bury garbage (solid waste) in San Juan County, it is specifically stated in county ordinance (SJC Ord, 812,010) as being legal. However, Environmental Health Manger MarkTompkins said on Thursday that SJCC 8.14.030, f,1. states that "Unpermitted burial and final disposal of any solid wastes, by any person, is prohibited."

Guimond had appeared before the County Council during Citizen Access time to express her concern, and read from a San Juan County Ordinace that “nothing herein shall prohibit a person from dumping or depositing solid waste resulting from his or her own activities onto or under the surface of ground owned or leased by him or her..”

Guimond said “In other words it is illegal to burn trash in the County but it is not illegal to bury it." She said she had discussed the matter with County officials, and although they did investigate a dumping site on private property, she said they “cannot do anything until it is actually buried.”

The problem becomes one of enforcement, since if the garbage is in a hole or a ditch, it has not been buried, but once it is covered up, it is no longer visible, so the County would have to dig it up to prove it was in fact buried.

“I want the Council to be aware that this is happening.” She told the Council “I have done some research. and in King County this is illegal.” Tompkins said it is illegal here too. The confusion comes from the fact that the language in the ordinance is not the same language that is in the Code.


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The King County ordinance differs from SJC in that it makes it “unlawful for the owners or occupants of private property to deposit or accumulate, or to permit the deposit or accumulation of refuse” on private property except for “for immediate or approved periodic disposal...” Such wording removes the enforcement problem of “will this be buried,” and replaces it with “this needs to be removed,” or put in proper containers prior to being removed, which is the same langauage that appears in the SJC Code that Tompkins pointed out.

At one time it was a common practice in SJC to call upon a backhoe owner to dig a “dump hole”, and once it was filled up, to dig another one. That is a practice that still continues, but to a more limited degree than it once did; but for Guimond, it is a practice that is out of date with current concerns about land and water pollution.

At the end of Guimond’s testimony the only comment from the council members was a statement from Council Chair Howard Rosenfeld that “that is news to me;” but the rest of the Council members were silent, and were ready to return to the agenda when County Administrator Pete Rose raised his hand.

Rose suggested his staff would ask Solid Waste to “get some information and then visit with Ms. Guimond” about the matter of trash disposal on private property. While there was no indication there would be a report back to the Council on the matter, it is common for Rose to follow up on citizen’s concerns and give a report back to the Council at a Monday work session.

As for Guimond, she said “I intend to do some follow up on this issue.” Fair warning to the Council that she will need to see the additional information.