HomeMy WebLinkAboutord2014-035strike WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014-217
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: _
Originator:
Debbie Bailey n 2 D mm 6/03/14 Introduction
Division Head: `� L
Gary Stoyka _:4 1 4/1Y 6/17/14 Hearing
Dept.Head: �,
Frank Abart Y 9i MAY 2 7 2014
Prosecutor: 05/a�/
Dan Gibson . _ COUNTY
WHATCOM CO
-
BradBeinetBudget: . COUNCIL
Brad Bennett
Executive:
Jack Louws IP,A OS.21 ' 'I./-
TITLE OF DO T:
Ordinance amen, g Whatcom County Code 8.10 Solid Waste and Residential Recycling Collection
ATTACHMENTS:
Cover Memorandum
Ordinance
SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? (X) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing,you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate.
Be clear in explaining the intent of the action.)
Following review by the Solid Waste Advisory Committee,Solid Waste Executive Committee and consultation with the UTC,
several updates to the Service Level Ordinance, WCC 8.10,were recommended.
COMMITTEE ACTION.• COUNCIL ACTION:
6/3/2014: Introduced 7-0
6/17/2014: Amended and Approved 7-0, Ord. 2014-035
•
Related County Contract#: Related File Numbers: Ordinance or Resolution
Number: Ord. 2014-035
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the County's website at: wwx.co.whatcom.wa.us/council
1 May 13, 2014
2
3 SPONSORED BY: Consent
4
5 PROPOSED BY: Public Works
6
7 INTRODUCTION DATE: 6/3/2014
8
9 ORDINANCE NO. 2014-035
10
11 AMENDING WHATCOM COUNTY CODE 8.10
12 SOLID WASTE AND RESIDENTIAL RECYCLING COLLECTION
13
14
15 WHEREAS, the Whatcom County Council adopted Ordinance No. 90-95, the Service
16 Level Ordinance, on October 9, 1990 and amended said ordinance on January 11, 1991;
17 again on July 23, 1991; again on September 19, 1995, again on December 9, 1997;
18 September 25, 2001; and again on February 25, 2003; and
19
20 WHEREAS, the Solid Waste Advisory Committee (SWAC) and the Utilities and
21 Transportation Commission (UTC) have recently reviewed and recommended further
22 amendments to the Service Level Ordinance; and
23
24 WHEREAS, the Solid Waste Executive Committee (SWEC) has also reviewed and
25 approved the proposed amendments;
26
27 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Section
28 8.10 of the Whatcom County Code is hereby amended in accordance with the attached
29 Exhibit "A" to this ordinance.
30 ���s,sssr�i+
31 AIT-CDG-ics4_ day of June , 2014
32
33 Jy, Arc : C?�:-
34 AT-I EiTO GoZI sT`( WHATCOM COUNTY COUNCIL
35 • _ : WHATCOM COUNTY, WASHINGTON
37 A.4 i
39 Dana Bror-Ddvis=Cibrj of\ e ouncil Carl Weimer, Council Chair
40
41
42
43 WHATCOM COUNTY EXECUTIVE
44 WHATCOMCOIINTY, SHINGTON
45 APPROVED AS TO FORM:
47 sc'►p../
48
49 Civil Deputy Prosecutor Jack Louw , Counecutive
50
51 ( ) Approved ( ) Denied
52
53 Date Signed: ql, a 0/4
54
55
EXHIBIT A
Chapter 8.10
SOLID WASTE AND RESIDENTIAL RECYCLING COLLECTION1
Sections:
8.10.010 Purpose.
8.10.020 Findings.
8.10.030 Definitions.
8.10.040 Single-family residential garbage collection.
8.10.050 Residential recycling collection.
8.10.060 Nonresidential and multifamily garbage collection,
8.10.070 Submittal of documents and notices.
8.10.080 Notice to Utilities and Transportation Commission.
8.10.090 Modification of collection schedules.
8.10.100 Severability.
8.10.010 Purpose.
A. Policies expressed in Whatcom County's 49992008 Comprehensive Solid and Hazardous Waste
Management Plan Update("plan") make waste reduction and recycling the preferred methods of handling
solid waste. The purpose of this chapter is to specify service levels and rate structures for recycling and
solid waste collection that encourage recycling and waste reduction, that protect the public health and
safety, and to ensure that, to the maximum extent practicable, only the remainder after separation should
be incinerated or landfilled.
B. Certain service levels and rate structures for solid waste and recycling collection are hereby
established in Whatcom County to further the objectives of the plan, including a high level of waste
reduction and recycling; to ensure the provision of such solid waste collection and disposal systems and
services as are in the public interest; and to secure a healthful environment for all citizens of Whatcom
County. (Ord. 2003-018; Ord. 2001-041; Ord. 2001-34; Ord. 97-067; Ord. 95-045).
8.10.020 Findings.
The county council, in establishing service levels and rate structure principles, determines and finds:
A.Waste reduction and recycling measures contemplated by the plan promote the health, safety, and
welfare of residents by encouraging the reuse of products and reducing the use of incineration and landfill
facilities.
B. State and federal laws and regulations have increased the responsibility of local governments to
manage solid waste systems in a manner that protects public health and safety.
C. The state and the county have set waste reduction and recycling as the highest priorities in managing
solid waste. In order to make programs for waste reduction, curbside recycling and other source
separation feasible, rate structures must make it cost-effective for residents and businesses who
generate small amounts of waste to participate in such programs, and all nonresidential accounts must be
offered the option of subscribing to recycling service.
D. It is the policy of the county that collected recyclable materials be processed locally whenever
practicable and that they be utilized according to the following priorities: (1)reuse intact materials in their
original form for their original purposes; (2) recycle materials back into their original form for their original
purpose; (3)recycle materials for other uses and preserve the future ease of recyclability; and (4)reuse
materials for single end uses that do not allow or that inhibit further recycling.
E. Adoption of the ordinance codified in this chapter is necessary for the protection of natural resources
and the environment, the immediate preservation of the public health and welfare and the support of
governmental activities. (Ord. 2003-018; Ord. 2001-041; Ord. 2001-34; Ord. 97-067; Ord. 95-045).
8.10.030 Definitions.
As used in this chapter:
A. "Carrier" means a common, contract or private carrier as defined by RCW 81.80.010.
B. "Certificated hauler" means a solid waste collection company companies.
RCW-and certificated-te- perate-iip-lll�h cm-C t e€144au[er-s-are- nita�tr Cervices f ompar4y
•
Refuse, L.L.C. (WUTC No. G 155).
C. "Executive committee" means the group of seven mayors and the county executive as established and
governed by interlocal agreements between the county and cities in July 1989.
D. "Multifamily dwelling" means a residential dwelling containing five or more units on one lot or parcel.
E. "Nonresidential account" means a building or facility that is not occupied as a permanent residence
including, but not limited to, commercial and industrial businesses, schools, hospitals, government
buildings, recreation facilities, and transportation facilities.
F. "On-call service" means garbage pickup service and drop-off recycling on other than regularly
scheduled days, from a dwelling unit that is a seasonal vacation or weekend home. On-call garbage
service does not include roadside recycling service and tends to be on a variable infrequent basis.
G. "Recyclables" and "recyclable materials" mean those solid wastes that are separated for recycling or
reuse as identified in this chapter.
H. "Seasonal vacation or weekend home" is defined as a secondary residence used only for weekend or
vacation use and not as a full-time or primary residence.
I. "Single-family residence" means a residential dwelling containing four or fewer dwelling units on one lot
or parcel.Where two, three, or four units are on one lot or parcel, each unit shall be considered as an
individual single-family residence.
J "Solid waste" shall have the meaning given to it by RCW 70.95.030. (Ord. 2003-018; Ord. 2001-041;
Ord. 2001-34; Ord. 97-067; Ord. 95-045).
K. "Solid waste collection companies" means those entities defined by Chapter 81.77 and certified by the
UTC to operate in Whatcom County. Solid waste collection companies are Sanitary Services Cornpanv
(UTC No. G-14); Nooksack Valley Disposal. Inc. (UTC No. G-166); Waste Management of Washington=
Inc. (No. G-237); and Freedom 2000 LLC, dba Cando Recycling and Disposal (UTC G063819).,
8.10.040 Single-family residential garbage collection.
A. Solid waste collection companies shall perform collection and hauling of garbage
from single-family residences that request collection service in unincorporated portions of Whatcom
County. Service to single-family residences shall be provided on a schedule of either weekly, every-other-
week or monthly collection. In Point Roberts only, seasonal vacation or weekend residents will be
encouraged to participate in recycling and have the option of on-call service.
B. Garbage containers provided by and for single-family residences shall be 30 to 32 gallons and 15 to 20
gallons. Hauler-sSolid waste collection companies may also offer 60-or 90-gallon containers. A specific
size within the 15-to 20-gallon "mini-can" range shall be approved by each company and shall be
consistent within its certified service area. Ninety-gallon can service shall be available only on a weekly or
every-other-week basis. The design of all containers within each service area shall be subject to approval
by the haulersolid waste collection company certified for that area.
C. Collection rate structures shall be designed to encourage waste reduction and recycling and to comply
with the plan. (Ord. 2003-018; Ord. 2001-041; Ord. 2001-34; Ord. 97-067; Ord. 95-045).
8.10.050 Residential recycling collection.
A. Solid waste collection companies shall collect source-separated recyclables from
all residences in unincorporated portions of Whatcom County that receive regularly scheduled garbage
collection, = --- -- - - - -- •• • - -• - ••- --- -- All single-family residences shall be
provided with recycling collection at least every other week and on the same day of the week as garbage
collection. Service to multifamily residences shall be provided at least every other week. The haulecsolid
waste collection company shall provide residents who have completed the garbage exemption process
the opportunity to subscribe to recycling-only collection service without subscribing to garbage collection.
Recycling-only customers will be charged the full cost of recycling collection service plus an appropriate
administrative/billing fee. In Point Roberts only, single-family residences are defined as permanently year-
round occupied buildings and every-other-week recycling collection does not have to be on the same day
as garbage pickup.All single-family residences located in Point Roberts meeting the definition of
seasonal vacation or weekend homes, as defined under WCC 8.10.030(G), are exempt from curbside
recycling collection.
B. The haulersolid waste collection company shall provide recycling containers to each residence at the
customer's request. Container design and use shall be subject to the prior administrative approval of the
county.The-ces-to4he-1 auIar of the-ihi ia(-eo tair- - - --.• - - - - , of-dan aged contai-ners;
and of-containers for new-sustameFSras-neeessary,-,shal por-atec-into-the-Gallectir ra
e - _ _ -e• _ _ -•- e= __ ___ e" : . The Utilities and Transportation
Corur issfon, by law, will establish fair, just,.reasonable, and sufficient rates Ior solid waste collection
companies under RCW 81.77. The haulercompany shall deliver all containers to the dwelling unit unless
otherwise directed by the county.
C. 1. IaulersSolid waste collection companies shall collect, and recycling containers shall be designed to
hold, the following materials:
a. Newspaper;
b. Mixed waste paper;
c. Aluminum containers;
d. Tin-plated steel containers;
e. Glass containers;
f. All plastic bottles; all remaining plastic containers are eligible as approved by the county
and the hauler solid waste collection company;
g. Yard Waste. Collection of this material is deferred pending further amendments to this
chapter.
2. The following materials shall also be collected when placed adjacent to set-out containers:
a. Corrugated cardboard;
b. Scrap metal no longer than 24 inches in any dimension or heavier than 35 pounds per
piece;
c. Lead-acid batteries that show no signs of leakage;
d. Used motor oil in sealed containers;
e:Other-source separate at -desighated-by the county and-the houler-and-approv$d
e. Nothing in this section shall prohibit the solid waste collection company from picking up
additional items at the company's discretion.
D. Materials shall be collected on the improved public road nearest to the residence(or mutually agreed
upon location)when properly set out on the designated collection day.The haslersolid waste collection
company is not required to collect materials at any particular hour. The collector is not required to enter
private property to collect material while an animal considered or feared to be vicious is loose. The
resident shall confine such an animal on collection day.
E. In case of missed collection, the haalersolid waste collection company shall investigate and, if the
missed collection is verified, shall arrange for the collection of the uncollected recyclable material within
one business day after the complaint is received, unless otherwise agreed by the haulercompany and
customer.All haulerssolid waste collection companies shall add staff as needed to answer questions and
respond to complaints from 8:00 a.m. to 5:00 p.m. on collection days.
F. Each ha"ler shall charge the eeyeli-ng-cellestien-rates-to-eaoh-residential-dwelWag i4-th t
e- e--= -e -- .e• --- .-= :•• •- --. _ .A solid waste collection company subject to
regulation by the UTC as to rates and service shall not charge, demand, collect, or receive a different
compensation from its customers than the •3oulicabre UTC-established rates(RCW 81.281
G. IaalersSolid waste collection companies and recycling companies shall take reasonable actions in
marketing recyclable materials to implement the county's policies regarding local processing and priorities
of use.All materials collected shall be processed and marketed such that no recyclable material is
landfilled, incinerated, or disposed of in any way other than recycling. sThe companies shall adopt
collection procedures and technologies to minimize the cross-contamination or nonresyclabiltynon-
recyclability of collected materials.
H. The county, in consultation with solid waste collection companies and purchasers of
recyclable materials, shall establish promotional strategies by which the haulers companiesshall inform
the public about recycling collection service. The county may adopt, and pay for, additional promotional
strategies if they wish. -- = - '- -- - ---- --- - - - - - - =- -- -"- -- - •Requirements imposed by the WUTDUTC are not promotional strategies
for purposes of this section.
I. It is unlawful for any person, other than the sellesteresolid waste collection companies as authorized by
this chapter, to collect, remove, haul, or dispose of recyclable materials set out for collection pursuant to
this section without first obtaining the consent of the occupant or owner of the premises.Any violation of
this subsection shall constitute a misdemeanor and, upon conviction, violators shall be punished by a fine
of not less than $500.00. Each day of such violation, and violation at each dwelling unit, shall be deemed
a separate and independent offense. (RCW 70.95.235)
J. The business name and telephone number of the collector shall be clearly visible on each side of each
vehicle used to provide residential recycling service. The collector shall contain, tie, or enclose all
collected materials to prevent leaking, spilling, or littering.
K. If the county executive determines that a solid waste collection company has
materially failed to comply with the requirements or policies of this chapter, the county executive shall
provide the haulercompany with a written notice specifying the noncompliance and affording the
haulercompany 60 days to cure the noncompliance; provided, however, that the haulersolid waste
collection company shall not be required to cure any noncompliance that is caused by an event or
condition, including a threat to the public health or safety, that is beyond the hauler'scompany's control.At
the discretion of the county executive, the period for cure may be extended. If the haulersolid waste
collection company fails to cure, the county may contract for the provision of residential recycling service
pursuant to RCW 36.58.040 in the area served by the haulercompany.
located in,la-oint-f eFts,Fx ing-the--de€ini -vasat -er--weekend-1aarnes,as-defined-unateF
L. Should the county or the haulersolid waste collection company determine that there is no reasonable
market for a material and/or the cost of recycling that material is unreasonable, they can petition the
executive to eliminate the requirement for that material to be collected as a recyclable. The executive has
full discretion whether to accept or deny the request. The executive must state the period of time the
exemption will be allowed. (Ord. 2003-018; Ord. 2001-041; Ord. 2001-34; Ord. 97-067; Ord. 95-045).
8.10.060 Nonresidential and multifamily garbage collection.
A. Solid waste collection companies shall perform collection and hauling of garbage
from nonresidential and multifamily accounts in Whatcom County.
B. Container sizes for nonresidential and multifamily accounts shall be approved by the haulersolid waste
collection company.
C. Rate structures for multifamily garbage collection shall be designed to encourage
waste reduction and recycling and to comply with the plan.
D. Solid waste collection companies shall bill each customer at least once every three
months. (Ord. 2003-018; Ord. 2001-041; Ord. 2001-34; Ord. 97-067; Ord. 95-045).
8.10.070 Submittal of documents and notices.
Whenever a solid waste collection company files a proposed tariff revision with the
WUTCUTC,-the haulercompany shall simultaneously provide the county with copies of the proposed tariff
and all nonproprietary supporting materials submitted to the WUTCUTC any time prior to approval of the
tariff. Such materials include but are not limited to any correspondence or other information concerning
rate calculation parameters and details, tariff sheet application and adjustments, and annual reports.
B. 1. All solid waste collection companies, recycling collectors and processors,
transfer facilities, and disposal facilities shall provide the county with the following quarterly information on
April 20th, July 20th, October 20th, and January 20th for each of the previous three months and, where
appropriate and practical, separately listed for each city and unincorporated area of the county:
a. Daily disposal tonnages to and from municipal disposal facilities for each primary
disposal or processing method, transfer stations, and convenience centers;
b. Monthly disposal tonnages from industrial and other private landfills;
c. Monthly recycling tonnages per material from all recycling collectors and processors;
d. Solid waste collection, disposal, and recycling collection and processing service
contracts and amendments within incorporated and unincorporated areas of the county;
and
e.A log of all customer complaints about recycling, specifying the date, nature of complaint
and resolution for each complaint.
2. In addition, all solid waste collection companies shall provide the county
with the following information regarding residential recycling and, where appropriate and
practical, separately listed for single-family and multifamily residences broken out by city/county:
a. Monthly tonnages and, if available, volumes of materials collected by type of material
collected, and revenues/costs by type of material;
b. Number of eligible customers and number of set-outs per month. (Ord. 2003-018; Ord.
2001-041; Ord. 2001-34; Ord. 97-067; Ord. 95-045).
8.10.080 Notice to Utilities and Transportation Commission.
The Whatcom County council, pursuant to RCW 36.58.040, hereby notifies and requests the lAWaehingtern
Utilities and Transportation Commission to carry out and implement the policies and programs specified in
this chapter and in the plan in coordination with solid waste collection companies and
common carriers through the Commission's rate setting and oversight authority. (Ord. 2003-018; Ord.
2001-041; Ord. 2001-34; Ord. 97-067; Ord. 95-045).
8.10.090 Modification of collection schedules.
The provisions of this chapter concerning (1)the frequency of collection of recyclable materials and
garbage; (2)service levels in rural areas '• -- = = - -•-- - -t -- - - -- -- _-; and (3)
rate structures in the event that the WUTC issues an inconsistent order may be modified by agreement of
the county executive and all solid waste collection companies, subject to approval by
the county council. (Ord. 2003-018; Ord. 2001-041; Ord. 2001-34; Ord. 97-067; Ord. 95-045).
8.10.100 Severability.
If any portion or section of this chapter or its application to any person or circumstance is held invalid, the
remainder of the chapter or the application of the section to other persons or circumstances is not
affected. (Ord. 2003-018; Ord. 2001-041; Ord. 2001-34; Ord. 97-067; Ord. 95-045).
1
Prior legislation: Ords. 90-95,91-0031ard-91-054-95-045,097-067, 2001-034, 2001-041 and 2003-018