HomeMy WebLinkAboutord1997-041WHATCOM COUNTY COUNCIL AGENDA BILL NO. - a.) $
ARANCES
Initial
Date
Date Received in Council Office:
A enda date
Assigned to:
Originator: Jeffrey M. Mon en
June 17
Introduction
Division Head:
Dept. Head:
WIZ—
Prosecutor:
L
Purchasing/Budget:
Executive:
SUBJECT.
Provide an Excise Tax through the Whatcom County Disposal District to replace surcharge fees for the recycling and
educational programs as well as other solid waste related activities.
ATTACHMENTS:
Cover memo
Ordinance
, cIMMARYSTATEMENT:
Please complete sections of box as apvrovriate & eavlain the item below.
Related County contract #:
Should Clerk schedule a hearing? NO / / YES / X / Requested date: July 1
Amount budgeted for this item/ project:
Is it (or will it be ) within budget? YES / / NO / / (Please explain below)
Budget line item number(s):
Due to the result of the solid waste arbitration, surcharge fees previously collected to finance various solid waste programs
are no longer a viable source of funding. In order to continue these programs and to adequately finance ongoing County
landfill liabilities, consideration must be given to implementation of an alternate funding source.
ORIGINATOR'S RECOMMENDED ACTION:
Adoption of the Ordinance
COMMITTEE ACTION TAKEN.
COUNCIL ACTION TAKEN.
1997-228 6/17/97: Introduced
7/1/97: Withdrawn from Public Hearing zance or Resolution Number (this item only):
7/29/97: Amended & Adopted 6 - 0, Sutter absent. Ord. #97 -041
SPONSORED BY: Consent
PROPOSED BY: Public Works
INTRODUCTION DATE: 6/17/97
ORDINANCE NO 97 -041
IN THE MATTER OF AMENDING WCC 8.13,
SOLID WASTE DISPOSAL DISTRICT,
ALLOWING FOR COLLECTION OF AN
EXCISE TAX ON SOLID WASTE DISPOSAL SERVICES;
AND AMENDING WCC 8.15, SOLID WASTE DISPOSAL SITES,
REMOVING PROVISIONS TO COLLECT SURCHARGE FEES
WHEREAS, due to the result of the solid waste arbitration, surcharge fees previously
collected to finance various solid waste programs are no longer a viable source of funding;
and,
WHEREAS, in order to continue these programs and to adequately finance ongoing
County landfill liabilities, consideration must be given to implementation of an alternate
funding source; and,
WHEREAS, on July 1, 1997, a public hearing was held to consider amendments to
Whatcom County Code 8.13, Solid Waste Disposal District, to allow collection of an excise
tax on solid waste disposal services, and to consider amendments to Whatcom County Code
8.15, Solid Waste Disposal Sites, to eliminate the provisions to collect surcharge fees at
disposal sites.
NOW, THEREFORE, BE IT ORDAINED that Whatcom County Code 8.13, Solid
Waste Disposal District, be hereby amended as shown in Exhibit "A" attached hereto.
BE IT FURTHER ORDAINED that Whatcom County Code 8.15, Solid Waste
Disposal Sites, be hereby amended as shown in Exhibit "B" attached hereto.
BE IT FURTHER ORDAINED that per Whatcom County Code 8.13.030, the
Whatcom County Council hereby sets the current excise tax rate at $6.50 per ton on solid
waste collection and hauling services provided by certificated or franchised haulers.
ADOPTED this 29 day of July , 1997.
1
I WHATCOM COUNTY COUNCIL
2 ATTEST: WHATCOM COUNTY, WASHINGTON
3
6 -bana roman - is, C6ick Cle
.• Nel 6-n�,CoAcil Chair
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8 APPROVE AS TO FORM: ( Approved () Denied
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10 s
11
12 ivil Deputy Prosecuting Atty. a Kremen, County Executive
Date: 7
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Exhibit A
July 29, 1997
Chapter 8.13
SOLID WASTE DISPOSAL DISTRICT
Sections:
8.13.010
District formed - Findings and determinations.
8.13.020
Definitions.
8.13.030
Excise privilege tax levied.
8.13.049
8.13.040
Sureharge rate.
Tax billing eyele eollec ®ri.
8.13.050
Ad tralonby�un ire urea.
8.13.068
4;ax en€ereement 14st -of a stomers
8.13.060
Fa`ltxro�make fxmey�payn
8.13.065
Records required
8.13.070
Application of tax - Appeal.
8.13.080
Tax exemptions and special conditions.
8.13.090
Penalties for nonpayment of tax.
8.13.100
Management of operations.
8.13.110
Use of revenues.
8.13.120
Effective date.
8.1 3.130
Severability.
8.13.140
Annual review of tax requirements.
8.13.010 District formed -Findings and determinations.
The Whatcom County solid waste disposal district ( "District ") is hereby formed to provide a sound
financial basis for support of the objectives of the county's updated comprehensive solid waste
management plan, including a high level of waste reduction and recycling; to construct transfer
stations; to-aeq , maintain, operate, and closed solid waste landfills in Whatcom
Disposal District Ordinance - Page I
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County; to provide such other solid waste disposal systems and services as are in the public
interest; and to secure a healthful environment for all citizens of Whatcom County. The district
shall include all unincorporated and incorporated areas of Whatcom County. Incorporated areas are
included within the district pursuant to interlocal agreements executed with Whatcom County,
copies of which are attached to the ordinance codified in this chapter and incorporated herein as
Appendix A. The county council in forming the district determines and finds:
A. State and federal law and regulation have placed increased responsibility on local
governments to manage solid waste disposal systems in a manner that protects public health
and safety;
B. Properly designed, operated, and maintained landfills and other solid waste disposal
facilities are essential public utilities serving broad public interests, by protecting public health and
safety;
C. New € Federal and state standards for solid waste disposal, including requirements for
recycling and waste reduction, have greatly increased the cost of solid waste disposal systems;
D. The transfer and other handling of solid wastes generated by residents of the district,
whether generated at their homes or elsewhere in the district, imposes cost burdens on the district;
E. All residences and businesses within the district
I at-her systems and faeilities and receive substantial and essential public service by having the
operational availability on a continuing basis healthful, safe and reliable solid waste disposal
facilities and systems;
F. In order to safely maintain closed o14er landfills, the county must expend substantial
sums of money including the cost of ongoing monitoring, to protect the public health and welfare
and to meet regulatory standards;
G. The cost of acquiring, developing, operating, maintaining and closing facilities and
providing for long -term compliance with regulatory standards cannot be financed solely on a "fee
for service" basis;
Disposal District Ordinance - Page 2
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....
I. Pursuant to Chapter 8.11, the county has concurrently created a solid waste collection
' district pursuant to RCW Chapter 36.58A for the purpose of imposing mandatory collection in
unincorporated areas which will match ordinances in incorporated areas, which enforce mandatory
collection;
J. A stable funding program made up of both serviee fees and a coinsxsig ofa D�stnc
excise tax is required to provide a broad and sound financial basis to provide safe disposal facilities
and systems, to meet the objectives of the plan, and to support the management of solid waste
programs in compliance with applicable state and federal laws;
K. Waste reduction and recycling measures contemplated by the plan promote the health,
safety and welfare of county residents, by reducing the degradation created by incineration and
landfill facilities used to dispose of solid wastes;
L. Recycling and waste reduction do not generate sufficient revenues to become self
supporting;
M. Imposition of the solid waste excise tax (the "tax ") provided for by this chapter will
promote the county's ability to meet all the plan's solid waste management objectives;
(Ord. 90 -1 § 1).
1 8.13.020 Definitions.
As used in this chapter, the following terms shall be defined as follows:
A. "Business or institution" shall include all properties in Whatcom County other than
residential dwellings which are served by a certificated or franchised hauler of solid wastes.
The tax shall apply whether the business or institution is for profit or nonprofit, public or private.
B. A "certificated hauler" is a garbage and refuse collection company that has obtained a
certificate of convenience and necessity from the WUTC pursuant to RCW Chapter 81.77 for a
franchise area that includes unincorporated areas of the county.
Disposal District Ordinance - Page 3
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C. The "executive committee" means the executive committee formed pursuant to the
interlocal agreements incorporated in Appendix A of the ordinance codified in this chapter.
D. A "franchised hauler" is a garbage and refuse collection company that has been granted
a franchise to provide service within one or more of the cities that have entered interlocal
agreements with the county, as shown in Appendix A of the ordinance codified in this chapter.
1�/ ���t\:/[ t:L i.\ S\ �/[:!!.• I�MZ .Z•T] \•��J[ \S[. \A•115�)[[ \TTZV �[[P7S[S.SS \• /[[..l�l[�7 S• /[[ \�1 �.[[. [�1 [[!r7[ \•1��..��
:.. PUMPEWSPI
G. The "plan" is the county's comprehensive solid waste management plan, as it
updated' by,the ,Departmentof Ecology in 1990 and asnay be amended thereafter;
H. A "residential dwelling" shall include each single - family house, apartment, houseboat,
or other dwelling unit which is separately billed for waste collection service by a franchised or
certificated hauler. Forest areas, farms or ranches that elect to use collection service shall be
considered as residential dwellings for purposes of this chapter. Residents of apartments, hotels,
dormitories, boarding houses, maritime vessels, or other housing units shall not be separately taxed
if the landlord or some other party arranges for solid waste collection and pays for solid waste
collection and the tax on behalf of tenants or residents.
I A: "solid Maste disposal facrlrty" is a landfill, transfer tation, mcrnerator convenience
center, drop box orMother sohdwaste disposal aarty which is available forA,use b` y persons other
w,..........
than the owner of the facility ;.
Disposal District Ordinance - Page 4
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J. The "WUTC" is the Washington Utilities and Transportation Commission or any
agency which succeeds to its powers. (Ord. 90 -1 § 2).
8.13.030 Excise privilege tax levied.
An excise privilege tax shall be levied upon the charges paid for solid waste collection by each
residential dwelling and by each business or institution in the district. This excise
privilege tax shall equal a pereefftage of the eolleetioft eharges ;bete�oaper�tonbasib
billed by certificated or franchised haulers of solid waste, all as authorized by RCW 36.58.140.
This tax shall be equal throughout the district, and shall not exceed eYee $8501peztor
without the approval of all cities and towns in the district. The county council shall set the level of
the tax from time to time by ordinance. if the eaunty eleets to impose the sureharge as provided itt
------------------
- ;. -
eltarges billed by • 90
8.13.040 Tax billing eyeleddlllbbtioh.
To simplify collection of the tax, each certificated or franchised hauler shall include the tax in its
regular billing cycle for all customers within the district, and remit the proceeds owing to the
County Treasurer by the due;date as
estabiishedby the Treasurer. The excise tax provided for pursuant to this chapter shall, for
administrative purposes, be billed and collected as nearly as possible in a manner compatible with
Disposal District Ordinance - Page 5
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M9fMIMSIIII \�li�.:t.. \�1 \SAT A�liiivl \: /t.�] �: /�9: /.�. \�l'�:. A]:I:AIi.�[i il.... \�}t
8.13.040 Tax billing eyeleddlllbbtioh.
To simplify collection of the tax, each certificated or franchised hauler shall include the tax in its
regular billing cycle for all customers within the district, and remit the proceeds owing to the
County Treasurer by the due;date as
estabiishedby the Treasurer. The excise tax provided for pursuant to this chapter shall, for
administrative purposes, be billed and collected as nearly as possible in a manner compatible with
Disposal District Ordinance - Page 5
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the state solid waste tax, RCW Chapter 82.18, and the surcharge, Section 15, Chapter 431, Laws of
1989. (Ord. 90 -1 § 5).
8�13050 Admilusfratx�riby�Co`�i easurer
�� rdin� h, 3 �ula"�ions°�an"`�ihe�en e e°�t�a abe"�.a�1��p` ��l.by�fl�Cou
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IN I
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Disposal District Ordinance - Page 6
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a�� g the dad th taz a d? nit aI� e d anal eeam � ola�t on a Betio
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no1���afi�all���th . .. � a xie Elie
8 13fl65r Recoxds Ryeq�d
Each�,�er � i��ted and 1� �ranchr� _ x g�����c1�i�g t�he�tax� " e � ed'by�,hrs �rdmance shoal }1
drsclose all a.nfarmafol�. e essaryi,�. ��rrnrnt Nr =� pyer��f�rx lxab�lr�t�yhereunder durngacl
base faxgerod Sucixzeo�s keancrnae ora pentfa ess than�tue�3)
years.
Disposal District Ordinance - Page 7
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8.13.070 Application of tax - Appeal.
Any party aggrieved in the application of the excise tax provided for herein may appeal the same to
the Whatcom County board of equalization. The decision of such board shall be binding on the
county. (Ord. 90 -1 § 7).
8.13.080 Tax exemptions and special conditions.
Solid waste generated within the district but disposed of outside of Whatcoin County pursuant to
authorization by the county in compliance with the plan shall be subject to the tax, unless
specifically waived by ordinance. Solid waste from the Diablo area disposed of in Skagit County
shall not be subject to the tax.
the tax shall bear the obligation to segregate wtd justify that a portion of the waste Should flat be
..
8.13.090 Penalties for nonpayment of tax.
If said excise tax is not paid when billed by the hauler, the county may seek payment of the tax and
secure liens and execute against the property served for the unpaid tax, penalties and interest, all as
provided in RCW 36.58.140. All taxes unpaid for 90 days shall be assessed a penalty of $25.00
plus interest compounded at the rate of one percent per month for each month said tax remains
unpaid. (Ord. 90 -1 § 9).
8.13.100 Management of operations.
The operations of the district shall be managed by the Whatcom County department of public
works. (Ord. 90 -1 § 10).
Disposal District Ordinance - Page 8
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8.13.110 Use of revenues.
All taxes or other fees collected pursuant to this chapter shall be deposited to the solid waste utility
account, or such other accounts as may be designated pursuant to county ordinance or regulation,
and shall be solely for purposes related to solid waste management and disposal, and, as to the
excise tax, for those purposes set forth in Section 3 of the interlocal agreements, e.g., construction,
operation, maintenance, and closure of any landfill that may be developed in the future; funding of
approved recycling programs when recommended by the executive commitfee; public educational
programs related to the management of solid waste; construction, maintenance, and operation of
transfer stations, and such other programs as the executive committee may recommend pursuant to
the plan; provided, however, the county council may authorize up to five percent of tax funds
collected to be used to support tax billing and collection activities by the county treasurer and
prosecutor. (Ord. 90 -1 § 11).
8.13.120 Effective date.
This chapter shall take effect on May 1, 1990. The county council shall review the need for the
solid waste excise tax, the level of the tax, and the operation of the solid waste system as
frequently as may be needed. Such review shall be performed no less frequently than the review of
solid waste management plans as required under RCW Chapter 70.95 and as such law may be
amended from time to time. (Ord. 90 -1 § 12).
1 8.13.130 Severability.
The invalidity or unenforceability of any provision of this chapter shall not affect the other
provisions hereof, and this chapter shall be construed in all respects as if such invalid or
unenforceable provision were omitted. (Ord. 90 -1 § 13).
1 8.13.140 Annual review of tax requirements.
The executive committee shall annually review the tax requirements to fund the solid waste
disposal programs and advise the county council of their findings. (Ord. 90 -1 § 14).
Disposal District Ordinance - Page 9
EXHIBIT "B"
Excerpt from Whatcom County Code 8.15, Solid Waste Disposal Sites
8.15.060 Establishment and operation of Disposal Sites - Agreements regarding
operation of Disposal Sites and rates charged - Fee for County Solid Waste
management activities.
A. Except for those Disposal Sites that are exempt under Section 8.15.070, it is unlawful
for any Person to establish, alter, expand, improve, or hereafter operate or maintain a Disposal
Site in the County for the Processing or disposal of County Solid Waste, or for any Person to
accept for Processing or disposal such County Solid Waste, unless:
1. The Disposal Site and the means of Processing or disposal, comply with this
Chapter, as amended from time to time, with the Plan and with any regulations promulgated by
the Health Department;
2. The Disposal Site, and the means of Processing or disposal, have been
designated pursuant to subsection E or F of Section 8.15.030;
3. The operator of the Disposal Site shall have obtained all permits required by
applicable federal, state and local law and said operator shall comply with applicable
requirements of all federal, state, and local law;
4. A private owner or operator of the Disposal Site shall have entered into an
agreement with the County specifying the rates to be charged by such owner or operator for
Processing or disposal of County Solid Waste at such Disposal Site. 44te rates shall iflel de
sites, payment to the Gounty of $9.09 per ton of all Solid Waste Proeessed or disposed of at stleft
exeept itt Rxe of t' flose Disposal Sites autharized to reeeive Solid Wmte for a disposal rate
bmed on the -valmne of Waste reeeived for whieh the fee shall be 10 pereent of the gross fees
eharged by the operator of stteh sites for Proeessing or disposal of stteh Solid . The
agreements shall include such other terms as the Manager deems necessary to protect the public
health, safety, welfare, and for other regulatory purposes.
B. The Manager is hereby authorized and directed to negotiate an agreement with the
operator of each private Disposal Site designated pursuant to this Chapter, as amended from time
to time, relating, among other things...