HomeMy WebLinkAboutres1996-002WHATCOM COUNTY COUNCIL AGENDA BILL NO. 1996 -14
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned To:
Originator Public Works
01/02/96
County Council
Division Head:
Dept. Head:
Prosecutor.
Purchasing/Budget:
Executive:
SUBJECT-
Resolution Clarifying Intent of Flow Control Ordinance
ATTACHMENTS.
Draft Resolution No. 6, submitted to Council 1/2/96
SUMMARYSTATEMENT.• Please com lete sections of box as appropriate & explain the item below.
Related County Contract #: Should clerk schedule a hearing? (Y/N) N Requested Date:
Resolution clarifying the intent of Whatcom County Code 8.15, Solid Waste Disposal Sites, otherwise known as the Flow
Control Ordinance, and establishing solid waste handling performance standards for mixed solid wastes.
CLERK'S RECOMMENDED MOTION (for final action):
I move to approve....
COUNCIL ACTION TAKEN.•
1988-,4-
1/2/96: Amended and approved 5 -2, Brenner an
Henderson opposed. Res. 96 -002
Related File Numbers: Ordinance or Resolution Number (this item only):
des . 9 , - oar
SPONSORED BY: —Consent
PROPOSED BY: Consent
INTRODUCTION DATE: 1/2/96
RESOLUTION NO. 96 -002
2 CLARIFYING THE INTENT OF
3 WHATCOM COUNTY CODE 8.15, SOLID WASTE DISPOSAL SITES,
4 OTHERWISE KNOWN AS THE FLOW CONTROL ORDINANCE,
5 AND ESTABLISHING SOLID WASTE HANDLING PERFORMANCE STANDARDS
6 FOR MIXED SOLID WASTES
7 WHEREAS, the Whatcom County Code (WCC) Chapter 8.15, Solid Waste Disposal
8 Sites, hereafter referred to as the Flow Control Ordinance, was adopted in June, 1991; and,
9 WHEREAS, in order to improve the County's. ability to perform solid waste related
10 administrative functions, it is necessary to clarify the intent of certain elements of the Flow
11 Control Ordinance; and,
12 WHEREAS, it is necessary to recognize relevant solid waste handling performance
standards for those disposal sites designated under the requirements of the Flow Control
14 Ordinance that are appropriate for current industry conditions and which are consistent with the
15 purpose of the Flow Control Ordinance; and,
16 WHEREAS, for the sake of consistency, stability, and flexibility, it is deemed most
17 advantageous to have the term of all disposal site agreements linked to the same cycle, and to
18 have that cycle linked to regularly scheduled updates to the Comprehensive Solid Waste
19 Management Plan; and,
20 WHEREAS, it is vital to the long term success of a solid waste management program,
21 which engages the services of the private sector, to provide for trustworthy means of enforcing
22 the Flow Control Ordinance, as clarified herein, for the benefit and protection of the public as
23 well as to achieve fairness for competing disposal sites.
24 NOW, THEREFORE, BE IT RESOLVED that the following clarifying language and
25 performance standards be utilized by administrative staff in preparing, negotiating, and enforcing
26 disposal site agreements with all designated disposal sites:
RES 96-002 - 1h196 - Page 1
1 A. The following is intended to supplement definition language contained in WCC
2 8.15.020, Definitions, in order to provide clarity and performance standards:
3 Process - "Process" or "Processing" means an operation to convert a solid
4 waste into a useful product or to prepare it for disposal (as stated in WAC
5 173- 304 - 100(62), Minimum Functional Standards).
6 Recyclable Materials - Includes , but is not limited to, papers, metals, and
7 glass (70.95.030 RCW) and compostables (WCC 8.15.030 G.1 &2).
8 Separated Waste - The term "practical to remove" contained within WCC
9 8.15.030.G.2 is interpreted to mean the recovery of Recyclable Materials
10 in accordance with the standard specified below with respect to Priority
11 Levels 3 through 5.
12 Unseparated Waste - Unseparated Waste is the Solid Waste delivered to a
13 designated Disposal Site, regardless of the amount of Recyclable Material
14 recovery that has occurred prior to being delivered.
15 B. The following is intended to supplement language contained in WCC 8.15.030
16 (G), System of Solid Waste Handling, Waste Handling Priority Levels, in order to
17 provide clarity and performance standards:
8 General -
19
The Flow Control Ordinance requires delivery of County Solid Waste to
20
the Disposal Site that has the technical capability and available capacity to
21
Process or dispose of County Solid Waste utilizing the highest priority
22
means available. Each designated Disposal Site's priority level technical
23
capability and available capacity to Process and dispose of County Solid
24
Waste at each priority level, together with the system's cumulative Solid
25
Waste handling capacity at each priority level will be utilized by the
26
County to enforce the provisions of the Flow Control Ordinance.
27 The required delivery of County solid Waste is intended to be to a waste
28 handling priority level, not a specific Disposal Site.
RES 96-002 - '/x/96 - Page 2
1 Priority Level 1 - Recycling ... source separated recyclable materials, ...
2 In order to maintain designation status, all designated Disposal Sites shall
3 provide recycling opportunities for receipt of source Separated Recyclable
4 Materials as well as implement activities that encourage the reduction of
5 Solid Waste being received in its unseparated form.
6 WCC 8.15.070 exempts facilities that receive, process, and market Source
7 Separated Recyclable Materials. Therefore, no Disposal Site shall be
8 granted a Level 1 site designation for purposes of required delivery of
9 County Solid Waste.
10 Priority Level 2 - Processing of recyclable materials, ...
11 In order to maintain a Priority Level 2 site designation, a Disposal Site
12 shall Process the Unseparated County Solid Waste delivered to the
13 Disposal Site and recover and recycle a minimum of 20% by weight and
14 dispose of a maximum of 80% by weight of the total Unseparated County
15 Solid Waste delivered to the site. Any technology or system that recovers
16 and recycles at least 20% by weight of the Unseparated County Solid
17 Waste delivered to the Disposal Site shall.qualify as a Priority Level 2
18 disposal site.
9 The minimum 20% recovery / maximum 80% disposal requirement
20 applies to the sum of all Unseparated County Solid Wastes received at the
21 Disposal Site, excluding the following materials:
22
1. Source Separated Recyclable Materials.
23
2. Recyclable Materials which are removed at the Disposal
24
Site by the Person delivering the Solid Waste.
25
3. Any Solid Waste delivered to the Disposal Site and
26
processed in a manner that would otherwise be exempt from
27
Disposal Site designation requirements under WCC 8.15.070.A.
28
4. Any Solid Waste from which recovery of Recyclable
29
Materials is precluded by federal, state, or local law, regulation, or
30
order.
RES 96-002 - 1h/96 - Page 3
1 5. Any Solid Waste delivered to the Disposal Site and
2 received through payment of a disposal fee that varies from that
3 approved by the County.
4 Priority Levels 3 through 5 - Disposal of Separated Waste
5 In order to maintain a Priority Level 3, 4, or 5 site designation, a Disposal
6 Site shall Process the Unseparated County Solid Waste delivered to the
7 site and recover and recycle a minimum of 7% by weight and dispose of a
8 maximum of 93% by weight of the total Unseparated County Solid Waste
9 delivered to the Disposal Site. The minimum 7% recovery / maximum
10 93% disposal requirement applies to the sum of all Unseparated County
11 Solid Wastes received at the Disposal Site, excluding the following
12 materials:
13 1. Source Separated Recyclable Materials.
14 2. Recyclable Materials which are removed at the Disposal
15 Site by the Person delivering the Solid Waste.
16 3. Any Solid Waste delivered to the Disposal Site and
17 processed in a manner that would otherwise be exempt from
8 Disposal Site designation requirements under WCC 8.15.070.A.
19 4. Any Solid Waste from which recovery of Recyclable
20 Materials is precluded by federal, state, or local law, regulation, or
21 order.
22 5. Any Solid Waste delivered to the Disposal Site and
23 received through payment of a disposal fee that varies from that
24 approved by the County.
25 C. The Processing of Construction and Demolition Debris and Land Clearing
26 Byproducts (CDL) at recycling facilities for the recovery of recyclable material is
27 an exempt activity (WCC 8.15.070.A.11) and does not require site designation
28 under the Flow Control Ordinance. However, at the time the Flow Control
29 Ordinance was originally adopted, WCC 8.15.030 specifically identified disposal
30 sites allowed to receive CDL for disposal purposes.
RES 96-002 - 'h196 - Page 4
I Therefore, CDL is considered a special waste and delivery of CDL must be to a
2 designated Disposal Site specifically approved to receive such material for
3 disposal and may be delivered to a designated Disposal site specifically approved
4 to receive such material regardless of the Disposal Site's designated priority level.
5
6 BE IT FURTHER RESOLVED that the terms of all disposal site agreements with regard
7 to preferred methods of disposal shall be initially on a three -year cycle, with a definite expiration
8 date which is the same for all disposal site agreements executed for and during the life of that
9 cycle; and,
10 BE IT FURTHER RESOLVED that all disposal site agreements executed by the County
11 prior to (December 31, 1998) shall either:
12 A. Terminate on (December 31, 1998), or,
13 B. Shall not exceed (15 years) in length and that the agreement for such length of
14 time shall provide for only an opportunity to compete for the solid waste stream
15 after (December 31, 1998).
16 BE IT FURTHER RESOLVED that all disposal site agreements contain consistent terms
17 providing for enforcement of the Flow Control Ordinance, associated resolutions, and the terms
3 of the agreements themselves, and the resolution of disputes regarding the same; and,
19 BE IT FURTHER RESOLVED that review of the Flow Control Ordinance, of associated
20 resolutions, and all administrative guidelines utilized to create or enforce disposal site
21 agreements shall occur at least during all updates to the Comprehensive Solid Waste
22 Management Plan and, therefore, the County maintains the right to add to, amend, or delete
23 elements of WCC Chapter 8.15, clarifying language or performance standards contained in this
24 resolution, or with associated resolutions, with the first review intended to be completed by
25 (December 31, 1998) ; and,
26 BE IT FURTHER RESOLVED that the Solid Waste Executive Committee is hereby
27 requested to review the Flow Control Ordinance relative to the exemption of CDL processing
28 and/or disposal.
RES 96-002 - Ih /96 - Page 5
1. APPROVED this 2 day of January , 1996.
2 WHATCOM COUNTY COUNCIL
3 ATTEST: WHATCOM COUNTY, WASHINGTON
4 -;_ --
5 Dai frown -Dav&,—
6 Clerk of the Council
7 APPROVED AS TO FORM:
8 &"2!�ae 2� 11 . J'1. —
9 Civil Deputy Prosecuting Attorney
10 M : \USERSUEFFM\WPFILES\FCORES.DF6
RES 96-002 - 1/2/96 - Page 6