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HomeMy WebLinkAboutord1996-037WHA MOM CO UNTY CO UNCIL AGENDA BILL NO. 1996 - 154 A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned To Orig. Dept.:Public Works 6111196 6111196 Council Introduction Division Head: 7/9/96 Public Hearing Dept. Head: 9/17/96 Counci'l Prosecutor. Purchasing/Budget: Executive: SUBJECT.• Ordinance amending WCC 8.15 solid waste disposal sites exempt construction waste ATTACHMENTS Ordinance SU? RVARYSTATEMENT.• , Please complete sections of the box as appropriate & explain the item below: Related County Cotract #: Should the Clerk schedule a hearing? (Y/N) Y Requested Date: 7/9/96 Ordinance amending Whattwm County Code 8.15, solid waste disposal sites, exempting the processing and disposal of wnstruciton and demolition waste. RECOMMENDED MOTION (for final action): COUNCIL AMON TAKEN 1996 - 154 A 6111/96: Introduced 7/9/96: Public Hearing. Tabled until completion of RDS litigation. 8/6196: Held in Council until 9/17/96 9/17/96: Adopted 6 - 1, Brenner opposed. Ord. #96-037 Related File Numbers: Ordinance or Resolution Number (this item only): off. :�j 9cQ- 03-7 SPONSORED BY: Consent PROPOSED BY: Public Works INTRODUCTION DATE: 6/11/96 1 ORDINANCE NO. 96 -037 2 AN ORDINANCE AMENDING WHATCOM COUNTY CODE 8.15, 3 SOLID WASTE DISPOSAL SITES, EXEMPTING THE PROCESSING AND 4 DISPOSAL OF CONSTRUCTION AND DEMOLITION WASTE 5 WHEREAS, Ordinance No. 91 -041 is an ordinance relating to the disposal of solid waste 6 generated within Whatcom County, commonly referred to as the "Flow Control Ordinance ", 7 which is codified as Whatcom County Code 8.15, and 8 WHEREAS, the disposal of Construction and Demolition waste is within the coverage and 9 designation requirements of the Flow Control Ordinance, and 10 WHEREAS, Resolution No. 96 -002 passed by the County Council January 2, 1996, 11 clarifying the Flow Control Ordinance, requested the Solid Waste Executive Committee to review 12 the Flow Control Ordinance relative to the exemption of construction and demolition waste, and 3 WHEREAS, following separate review, the Solid Waste Executive Committee 14 recommends that Construction and Demolition Waste be exempted from the Flow Control 15 Ordinance and the Solid Waste Advisory Committee recommends that Construction and 16 Demolition Waste not be exempted from the Flow Control Ordinance, and 17 WHEREAS, Whatcom County has entered into disposal site agreements with certain 18 designated disposal facilities which agreements specifically allows Whatcom County to exempt 19 construction and demolition waste from said ordinance, and 20 WHEREAS, the County Council believes that the management of construction and 21 demolition waste within the Flow Control Ordinance is not necessary in order to protect public 22 health, safety and welfare of Whatcom County. 23 NOW, THEREFORE, BE IT ORDAINED, that the following amendments be made to 24 Whatcom County Code 8.15: Page 1 Section .020 2 Add the following definition for Construction and Demolition Waste which references WCC 3 24.08, Demolition and Inert Landfill Regulations: 4 "Construction and Demolition Waste" shall have the same meaning as "Demolition 5 waste" contained in WCC 24.08.040, as amended from time to time. 6 Add the following definition. for Woodwaste consistent with WAC 173 -304, Minimum 7 Functional Standards for Solid Waste Handling: 8 " Woodwaste" means solid waste consisting of wood pieces or particles generated 9 as a by- product or waste from the manufacturing of wood products, handling and 10 storai?e of raw materials and trees and stumps. This includes but is not limited to 11 sawdust, chips, shavings, bark, pulp. hog fuel. and log sort yard waste, but does not 12 include wood pieces or particles containing chemical preservatives such as creosote. 13 pentachlorophenol. or copper - chrome arsenate. 14 Section .030(E) 15 Delete all references to Construction and Demolition Waste in sub - sections designating 16 various facilities, as follows: 17 2. Olivine Corporation, 928 Thomas Road, Bellingham (Authorized to 18 recycle and/or incinerate, with or without energy recovery, eonstmetion and- 19 20 the maMer. The handling of separated solid waste is covered under subdivision 1 21 of this subsection E, and Section 8.15.070A.7; -- : MV-19FM 28 Section .060(A)(4) 29 Delete language referencing Construction and Demolition Waste, while amending language 30 to provide for 10% surcharge fee to be collected for any solid waste approved to be received 31 by a disposal facility based on volume rather than weight, as follows: Page 2 2 4. A private owner or operator of the disposal site shall have entered into an 3 agreement with the county specifying the rates to be charged by such owner or 4 operator for processing or disposal of county solid waste at such disposal site. The 5 rates shall include payment to the county of $9.00 per ton of all Solid Waste 6 processed or disposed of at such sites, except in the case of those'disposal sites 7 authorized to receive 8 bps- Solid Waste for a disposal rate based on the volume of waste received 9 for which the fee shall be 10 percent of the gross fees charged by the operator of such 10 sites for processing or disposal of such debris emd byprodttets Solid Waste, The 11 agreements shall include such other terms as the manager deems necessary to protect 12 the public health, safety, welfare, and for other regulatory purposes. 13 Section .070(A)(11) 14 Amend language to exempt the receipt, processing and disposal of Construction and 15 Demolition Waste from Flow Control requirements (Construction and Demolition Waste 16 handling will be limited to State and local health regulations): 17 11. 18 , asphtat and 19 '9 whieh disposal sht4l be subjeet to the fee established pursuffilt to Seetion 8.15.960 Z1 Processing and disposal of Construction and Demolition waste: 22 ADOPTED this 17 day opeptembe4995 23 WHATCOM COUNTY COUNCIL 24 ATTEST: WHATCOM COUNTY, WASHINGTON 25 26 is, ounce lerk and Nelson, Council 07hair 27 28 APPROVED AS TO FORM: l 29 30 Civil Deputy Prosecuting Atty. 31 OZApproved () Denied Pee emen, County Executive Date: /D -3 A Page 3