HomeMy WebLinkAboutord1997-067WHATCOM COUNTY COUNCIL AGENDA BILL NO. 97 -382
CLEARANCES
Initial
Date
Date Received in Council Office:
Agenda date
Assigned to:
iginator: Ravyn Whitewolf
:1 7
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NO V� 2 1997
`JHATCOM COUNTY
COUNCIL
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11/18/97
Introduction
Division Head:
12/9/97
Hearing
Dept. Head: Jeffrey M. Monsen
7 /a
Prosecutor: Randy Watts
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PurchasingBudget:
Executive: Pete Kremen
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SUBJECT.•
Ordinance amending Whatcom County Code 8.10 Solid Waste and Residential Recycling Collection
ATTACHMENTS.
Cover memorandum
Ordinance
SUMMARYSTATEMENT: Please complete sections of box as appropriate & explain the item below.
laced County contract #: N/A Should Clerk schedule a hearing? NO / .. / YES /X / Requested date:
IAmount budgeted for this item/project: Is it (or will it be) within budget? YES /_ / NO / / (Please explain below)
Budget line item number(s):
The Solid Waste Advisory Committee has reviewed the Service Level Ordinance, and their recommended amendments are
included. In addition, the effective date is extended.
ORIGINATOR'S RECOMMENDED ACTION:
Adoption by the Council
COMMITTEE ACTION TAKEN:
COUNCIL ACTION TAKEN:
1997-382 11/18/97: Introduced
12/9 /97: Amended & Adopted 5 - 2, Brenner & Brown opposed.
Ord. #97 -067
znce or Resolution Number (this item only):
04.9 -0(e7
November 6, 1997
SPONSORED BY: Consent
PROPOSED BY: Public Works
INTRODUCTION DATE: 11/18/97
1 ORDINANCE NO.97 -067
2 AMENDING WHATCOM COUNTY CODE 8. 10,
3 SOLID WASTE AND RESIDENTIAL RECYCLING COLLECTION
4 WHEREAS, the Whatcom County Council adopted Ordinance No. 90 -95, the Service
5 Level Ordinance, on October 9, 1990 and amended said ordinance on January. 11, 1991; again
6 on July 23, 1991, and again on September 19, 1995; and
7 WHEREAS, the Solid Waste Advisory -Committee (SWAG) reviewed and recommends
8 further amendments to the Service Level Ordinance; and
9 WHEREAS, the current ordinance expires on December 31, 1997;
_0 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that.
11 Section 8.10 of the Whatcom County Code is hereby amended in accordance with Exhibit
12 "A".
13 ADOPTED this 9 day of n,c-Pmher , 1997
14
15 ATTEST:
16�Ca�
17 '--Dana-grown- Davis, County Clerk
18 APPROVED AS TO FORM:
19
20 Civil Deputy ro or
21
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
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Fall W�_ ' -
() Denied
Pete Kremen, County Executive
Date: /.J— — ? ;?
Exhibit "A"
Chapter 8.10
SOLID WASTE AND RESIDENTIAL RECYCLING COLLECTION
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-1990 Comprehensive
Solid 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.
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
Service Level Ordinance - Pg 1 Revised 12197
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.
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.
Service Level Ordinance - Pg 2 Revised 12197
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.
. I 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. "Recyclables" and "Recyclable materials" mean those solid
wastes that are separated for recycling or reuse as identified in
this chapter.
G. "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.
H. "Solid waste" shall have the meaning given to it by RCW
70.95.030.
8.10.040 Single - family residential garbage collection.
A. Certificated haulers 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.
B. Garbage containers provided by and for single - family
residences shall be 30 to 32 gallons and 15 to 20 gallons. Haulers
may also offer 60 or 90- gallon containers. A specific size within
the 15 to 20- gallon "mini -can" range shall be approved by the
hauler and shall be consistent within the certificated area.
Ninety - gallon can service shall be available only on a weekly or
every- other -week basis. The design of all containers shall be
subject to approval by the hauler.
C. Collection rate structures shall be designed to encourage
waste reduction and recycling and to comply with the plan. The rate
per gallon for large containers shall be no less than for smaller
Service Level Ordinance - Pg 3 Revised 12197
containers. The per gallon rate for multiple containers shall be no
less than for a single container.
D. Certificated haulers shall bill each customer at least once
every three months. The rate printed on the bill shall be a
separated figure representing the garbage collection rater
and the recycling collection rate.
8.10.050 Residential recycling-collection.
A. Certificated haulers shall collect source separated
recyclables from all residences in unincorporated portions of
Whatcom County that receive garbage collection, except as provided
in subsection K of this section. 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 hauler 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..
B. The hauler shall provide recycling containers to each
residence.at the customer.'s request.. Container design and use shall
be subject to the prior approval of the county. The cost to the
hauler of the initial container. set for each dwelling unit, of
damaged containers, and of containers for new customers as
necessary, shall be a cost incorporated into the collection rate.
The cost of lost or stolen .containers shall be borne by the
customer. The hauler shall deliver all containers to the dwelling
unit unless otherwise directed by the county.
C. 1. Haulers 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.
Service Level Ordinance - Pg 4 Revised 12197
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 and heusehel batte - es that show no
signs.of leakage;
d. Used motor oil in sealed containers;
e: Other source separated materials designated by
the county and the hauler and approved by the
county council.
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 hauler 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 hauler 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 hauler and customer. All haulers 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 hauler shall charge the same recycling collection
rates to each residential dwelling unit that receives garbage
collection service from that hauler. Revenues from such rates shall
be designed to cover all projected collection, marketing,
promotional, and administrative costs reasonably and necessarily
incurred to provide residential recycling collection. However, only
costs directly associated with recycling service may be allocated
to recycling rates. Revenues /costs associated with the sale of
recyclable materials are included in the WUTC rate structure.
G. Haulers 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. Haulers shall adopt collection
procedures and technologies to minimize the cross - contamination or
nonrecyclability of collected materials.
Service Level Ordinance - Pg 5 Revised 12197
H. The county, in consultation with certificated haulers and
purchasers of recyclable materials, shall establish promotional
strategies by which the" haulers shall inform the public about
recycling collection service. The costs to certificated haulers of
implementing such strategies shall be covered by their rates for
residential recycling service. The County may adopt, and.pay for,
additional promotional strategies if they wish. Any hauler that
wishes to adopt additional promotional strategies shall obtain the
prior approval from the county. Requirements imposed by the WUTC
are not promotional strategies for purposes of this section.
I. It is unlawful for any person, other than the collectors 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.
. 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. The election made by this chapter pursuant to RCW
36.58.040, notifying the WUTC to carry out the plan rather than
awarding a contract, shall continue except as
provided in this subsection. If the county executive determines
that a certificated hauler has materially failed to comply with the
requirements or policies of this chapter, the county executive
shall provide the hauler with a written notice specifying the
noncompliance and affording the hauler 60 days to cure the
noncompliance; provided, however, that the hauler 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's control. At the discretion of the county
executive, the period for cure may be extended. If the hauler 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 hauler.
L. Should the County or the hauler 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
Service Level Ordinance - Pg 6 Revised 12197
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.
8.10.060 Nonresidential and multifamily garbage collection.
A. Certificated haulers 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 hauler.
C. Rate structures for nonresidential and multifamily garbage
collection shall be designed to encourage waste reduction and
recycling and to comply with the plan. On a per - gallon, per -yard or
per -ton basis, rates for larger containers shall be no less' than
rates for smaller containers, and rates for multiple containers
shall be no less than rates for a single container excluding the
recycling charge and the billing charge.
D. Certificated haulers shall bill each customer at,least once
every three months.
8.10.070 Submittal of documents and notices.
A. Whenever a certificated hauler files a proposed tariff
revision with the WUTC, the hauler shall simultaneously provide the
county with copies of the proposed tariff and all nonproprietary
supporting materials submitted to the WUTC at 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 certificated haulers, recycling collectors and
processors, transfer facilities, and disposal facilities shall
provide the county with the following quarterly information on
April 20, July 20, October 20, and January 20 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
Service Level Ordinance - Pg 7 Revised 12197
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 certificated haulers shall provide
the County with the following information regarding residential
recycling and, where appropriate and practical, separately listed
for single family and multi - family 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.
8.10.080 Notice to Utilities and Transportation Commission.
The Whatcom County council, pursuant to RCW 81.77.030(5) and
81.77.040, hereby notifies and requests the Washington Utilities
and Transportation Commission to carry out and implement. the
policies and programs specified in this chapter and in the plan in
coordination with certificated haulers and common carriers through
the Commission's rate setting and oversight authority.
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 in the event that mandatory collection is not
adopted; and (3) rate structures in the.event that the WUTC issues
Service Level Ordinance - Pg 8 Revised 12197
an inconsistent order may be modified by agreement of the county
executive and all certificated haulers, subject to approval by the
county council.
8.10.100 Severability.
If any portion or section of the 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.
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Service Level Ordinance - Pg 9 Revised 12197