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Home My WebLink Aboutres1991-0381WHATCOM COUNTY COUNCIL AGENDA BILL NO. 91 -219 on W SUBJECT.- 6/5/91 6/11/91 PS /Council Resolution to establish policy for dumping and leveling materials from County ditch cleaning operations. ATTACHMENTS: Exhibit "A ": Department Policy Statement Exhibit "B ": "Hold Harmless Agreement" Public Hearing Needed? Yes /_ f No /X/ SUMMARY STATEMENT: This policy will establish guidelines for the disposal of County ditch cleaning materials on private dump sites. RECOMMENDED ACTION.• Council Approval COMMITTEE ACTION (including dates): COUNCIL ACTION (including dates): 6/11/91: Council approved Related File Numbers. Ordinance or Resolution Number. RES91 -038 INTRODUCED BY: Consent PROPOSED BY: Public Works DATE: 6/11/91 1 RESOLUTION NO. 91 -038 2 A RESOLUTION TO ESTABLISH A COUNTY POLICY 3 FOR DUMPING AND LEVELING OF DITCH DIGGING MATERIALS 4 ON PRIVATE PROPERTY 5 WHEREAS, disposal sites for ditch cleaning materials are limited and, 6 WHEREAS, the amount of ditch cleaning materials generated will exceed 80,000 cubic 7 yards annually and, 8 WHEREAS, the economy of disposing of these materials is increased whenever an 9 opportunity can be found to decrease the hauling distance from the ditching operation and, 10 WHEREAS, there are private dump sites available for disposal of ditch cleaning 11 materials, 12 NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council shall 13 endorse the attached policy (Exhibit "A" and Exhibit "B ") which establishes guidelines for 14 disposing of ditch cleaning materials on private dump sites. 15 APPROVED this 11th day of June, 1991. 16 17 ATTEST: 18- 19 Ramona Reeves, Council Clerk 20 APPROVED AS TO FORM: 21 22 Civil Deputy Pr tty. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dan Warner, Chairman EXHIBIT "A" POLICIES AND PROCEDURES WHATCOM COUNTY DEPARTMENT OF PUBLIC WORKS EFFECTIVE DATE: SUBJECT: Disposal of ditch digging materials on private property RELATING TO ADMINISTRATION OF: Maintenance & Operations Ditch Digging SUBMITTED BY: John R. Tyler REVIEWED BY: APPROVED BY: POLICY STATEMENT: It shall be Whatcom County's policy for Public Works, Division of Maintenance & Operations that any person wishing to receive materials generated by that division's ditch digging operations shall submit a request in writing with a signed and notarized "hold harmless agreement" which will absolve the County of any liability for damages which may result from the dumping of those materials on said person's property. (County's "hold harmless agreement" attached: Exhibit "A "). This policy shall extend to all private property including employees of Whatcom County who have implemented the aforementioned "hold harmless agreement ". Whatcom County will be responsible for the leveling of material in excess of 20 cu. yds. Leveling of dump sites shall be done to the extent -of rough grading only. All leveling done with County equipment and staff shall be accomplished during normal working hours. Leveling done on County employee's private property shall be done by staff other than that employee. No other use of County equipment used on private property shall be allowed. It is recognized that more than one leveling trip may be necessary if additional levelings will help the County to prepare the site to receive additional disposal loads. Under no circumstances shall any County equipment be left on private property over night, unless prior authorization has been given by the superintendent of Maintenance and Operations. EXHIBIT "B" WHATCOM COUNTY DEPARTMENT OF PUBLIC WORKS / MAINTENANCE & OPERTATIONS DUMP SITE HOLD HARMT.ESS AGREEMENT Date: Area: Estimated Yardage: *More than 50 yards and /or a questionable dumpsite (one that could block natural drainage) needs a FILL PERMIT. The GRANTOR for and in consideration of the benefit of receiving excess ditching materials involving the following property, situated to wit: (DUMPSITE DESCRIPTION AND ADDRESS) does hereby grant and license unto the grantee, WHATCOM COUNTY, the right to enter in upon said land for the purpose of dumping excess ditching materials (as is), not to be removed by Whatcom County. Said right and license may be revoked by the Grantor at any time by notifying the Maintenance Department of Whatcom County in writing. The GRANTOR by acceptance of this agreement agrees with the GRANTOR to cause no more damage in such entry or entries than can be avoided in the exercise of careful and prudent work. The GRANTOR agrees to save and hold WHATCOM COUNTY and its officers and agents harmless from any claims or damages resulting from same. This Hold Harmless Agreement is to be in effect for two (2) years and will need to be renewed DATE STATE OF WASHINGTON + .J WHATCOM COUNTY Randall J. Wat Civil Deputy Signed before me on by Signature of Notary Public Whatcom County Representative Title Grantor (Appointment expires) Grantor Name & Mailing Address & Phone Number: