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HomeMy WebLinkAboutres1994-048WIL4TCOM COUNTY COUNCIL AGENDA BILL NO. 94 -223B CLEARANCES Initial Date Date Received in Council Office: Aaenda date Assigned to: Originator. Council 9/6 9/6/94 Council Division Head: 9/27/94 Council Dept. Head: Prosecutor. Purchasing/Budger Executive: SECT Request for Solid Waste Advisory Committee's recommended changes to the flow control ordinance ATTACHMENTS: SUAfl& RY STATEMENT Please complete sections of box as appropriate & explain the item below. Related County contract: Should Clerk schedule a hearing? NO / / YES / / Requested date: 1 CLERK'S RECOMMENDED MOTION (for fvwl action): COMMITTEE ACTION TAKEN: COUNCIL ACTION TAKEN: 9/6: "Henderson moved to request that the SWAC committee forward its recommended changes to the flow control ordinance, by 10 a.m. Wednesday September 21 for consideration by the Council on September 27." Motion carried unanimously. 9/27: Council Approved Resolution 7 -0 Related File Numbers Ordinance or Resolution Number (this item only): RE 94- 048 now.res 9/27/94 SPONSORED BY: Consent PROPOSED BY: Henderson INTRODUCTION DATE: 9.127.194 1 RESOLUTION NO. 94 -04 8 2 WHATCOM COUNTY RESOLUTION CLARIFYING THE INTENT OF FLOW 3 CONTROL 4 WHEREAS, the County flow control ordinance currently in effect was adopted in 5 June 1991; and 6 WHEREAS, the methods of handling garbage is a dynamic industry with changing 7 technologies; and 8 WHEREAS, legal analysis of the Carbone decision supports the conclusion that our 9 flow control ordinance remains essentially valid; and 10 WHEREAS, the flow control ordinance does not currently address costs as they 11 relate to the hierarchy; and 12 WHEREAS, the flow control ordinance does not address the addition of new 13 technologies as they become available; 14 NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the 15 Council recognizes and affirms the essential validity of the 1991 flow control ordinance; and 16 BE IT FURTHER RESOLVED by the Council that cost is a legitimate limiting 17 factor in determining the viability of any garbage disposal system and concludes that a per- 18 ton tipping cost shall be capped at the rate negotiated with a disposal company at the time 19 of contract signing. Any increases in rate for whatever reason will require approval from 20 the County Council; and Page 1 1 BE IT FURTHER RESOLVED that the County shall impose a surcharge or penalty 2 for companies not performing at higher levels in the hierarchy. A penalty shall be assessed 3 for materials sent to landfill. The penalties shall follow the following schedule: 4 • Processing of waste to recover and market recyclable material (no penalty) 5 • Transformation of waste into energy or other usable form ($2.00 /ton penalty) 6 • Volume reduction of waste ($5.00 /ton penalty) 7 • Disposal with volume reduction only ($10.00 /ton penalty) 8 • Land- filling unseparated waste ($20.00 /ton penalty) 9 BE IT FURTHER RESOLVED that the current flow control hierarchies shall 10 be categorized as follows: 11 1. Recycling of separated waste: 12 Processing No penalty 13 2. Processing of unseparated wastes including compostables: 14 Process No penalty 15 3. Incineration with energy recovery of separated waste: 16 Transformation $2.00 /ton penalty for land - filled ash 17 4. Incineration without energy recovery of separated waste: 18 Reduction $5.00 /ton penalty for land - filled ash 19 5. Land- filling of separated waste: 20 Reduction $5.00 /ton penalty for land - filled waste 21 6. Incineration with energy recovery of unseparated waste: 22 Volume reduction $10.00 /ton penalty for land - filled ash Page 2 1 2 3 7. Incineration without energy recovery of unseparated waste: Volume Reduction $10.00 /ton penalty for land - filled ash 8. Land- filling of unseparated waste: 4 Disposal $20.00 /ton penalty for land - filled waste 5 BE IT FURTHER RESOLVED that contracts between the County and designated 6 disposal sites shall embody, as appropriate, clarifications herein above set forth; and 7 BE IT FINALLY RESOLVED that the County shall direct the solid waste manager 8 or other public official to place the above stated provision into any contract and make the 9 above stated provisions a part of facility designation. 10 APPROVED this " day of , 1994. 11 12 ATTEST: 13 —zr- -- 14 Ramona Reeves, Council Clerk 15 APPROVED AS TO FORM: 16 17 Civil Deputy Prosecuting Atty. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Robert A. Imhof, lCounck5 hair Page 3