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HomeMy WebLinkAboutord1994-031WHATCOM COUNTY COUNCIL AGENDA BILL NO. 94 -260 CLEARANCES Initial Date Date Received in Council Office: Agenda date Assigned to: Originator: ��G E V L 0 !� M. ;V 0 4 1994 W - ATCOM COUNTY COUNCIL 5/10/94 Council Introduction Division Head: ,� 5/24/94 Hearing Dept. Head: Prosecutor: Purchasing /Budget: Executive: SUBJECT.• Ordinance amending WCC Chapter 8.28 to provide for litter control from vehicles using County solid waste facilities. ATTACHMENTS: 1. Cover Letter to County Executive 2. Proposed Ordinance SUMMARY STATEMENT. • Please complete sections of box as appropriate & explain the item below. Related County contract #: Should Clerk schedule a hearing? NO / / YES / X / Requested date: 5/24/94 Amount budgeted for this item/ project: N/A Is it or will it be within budget? YES / X / NO / / lease explain below Budget line item number(s): N/A State law directs counties to adopt ordinances requiring operators of vehicles delivering solid waste to waste handling facilities to secure and /or cover their loads. An extra charge is to be collected from operators failing to comply with the requirement. ORIGINATOR'S RECOMMENDED ACTION: Adopt Ordinance amending WCC Chapter 8.28 COMMITTEE ACTION TAKEN. COUNCIL ACTION TAKEN: 5//10/94: Council Introduction 5/24/94: Council adopted the ordinance, 5 -2 Brenner and Nelson opposed Related File Numbers: Ordinance or Resolution Number (this item only): 94 -031 SPONSORED BY: Consent PROPOSED BY: Solid waste INTRODUCTION DATE: 5/10/94 1 2 3 ORDINANCE NO. 94 -031 4 5 IN THE MATTER OF AMENDING CHAPTER 8.28; 6 LITTER CONTROL OF WHATCOM COUNTY CODE 7 TO PROVIDE FOR LITTER CONTROL FROM VEHICLES USING COUNTY 8 SOLID WASTE FACILITIES 9 10 WHEREAS, Section 1, Chapter 399, Laws of Washington 1993 amends Chapter 70.93 RCW to require the County to 11 impose a fee on unsecured loads of solid waste delivered to any staffed landfill, transfer station or other permitted solid waste 12 handling facility within the jurisdiction of Whatcom County; and 13 14 WHEREAS, a Washington State Department of Ecology study, Washington Litter: 1990, states that nearly 25 % of all litter 15 comes from vehicle loads that are not covered or not secured; 16 17 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Chapter 8.28 WCC is hereby amended 18 as indicated below: 19 20 8.28.020 Definitions. 21 For the purposes of this chapter, the following terms, phrases, words, and their derivations, shall have the meanings given 22 in this section. When not inconsistent with the context, words used in the present tense include the future, words used in the 23 plural number include the singular number, and words used in the singular number include the plural number. The word "shall" 24 is always mandatory and not merely directory. 25 A. "Authorized disposal site" means a site approved and designated by the Whatcom County Council. 26 B. "County" means the unincorporated areas of Whatcom County. 27 C. 1-. "Fire Hazard" as defined by the Uniform Building Code and the County Fire Marshal. 28 D. C—. "Garbage" means putrescible animal and vegetable waste resulting from the handling, preparation and consumption 29 of food. 30 E. R-. "Health Hazard" as defined by the health department. 31 F.D- "Litter" means garbage, refuse and rubbish. 32 1. =AffirA" ' , 33 . 34 G.1- "Rubbish" means nonputrescible solid waste consisting of both combustible and noncombustible wastes such as paper, 35 wrapping, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding crockery and similar materials. 36 H. "Solid Waste" or "wastes" means all putrescible and nonputrescible solid and semisolid wastes including, but not 37 limited to, garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts 38 thereof, and recyclable materials. 39 I. "Unsecured Loads" means a load of solid waste which has not been tied covered or confined within a vehicle in 40 such a manner that will prevent any part of the load from leaving the vehicle while the vehicle is in motion. 41 2 3 4 .5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Ordinance No. Page 2 94 -031 J.G "Vehicle" means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway. K.A- "Water craft" means any boat, ship, barge or other floating craft. 8.28.055 Securing /Covering Waste Transported to Solid Waste Facilities a. Effective June 1,. 1994, every vehicle delivering solid waste to a staffed solid waste handling site or staffed disposal facility shall have its load tied, covered, or confined in a manner that will prevent any part of the load from leaving the vehicle while the vehicle is in motion. If, in the opinion of solid waste facility staff, the load is not secured in such a manner and the vehicle is not exempt pursuant to subsection (d), below, the operator of the vehicle delivering the load shall pay a surcharge at the staffed solid waste handling site or staffed disposal site according to the following scale: 1. Cars and Light Trucks: Loads of one (1) ton or less: $5.00 2. Trucks: Loads of more than one (1) ton: $10.00 b. Surcharges collected under this section at Countv operated facilities shall be deposited into the Solid Waste Fund together with daily solid waste facility receipts. Surcharges collected under this section at private operated facilities shall be remitted to the County at least quarterly for depositing into the Solid Waste Fund minus a fifteen (15) percent handline charge. To the extent possible. surcharge monies collected for unsecured loads shall be designated for litter control activities. c. Between June 1. 1994 and January 1. 1995. an awareness Deriod will be conducted to inform the public of the new requirement. A verbal warning shall be given to drivers of vehicles whose loads, in the opinion of the solid waste site or facility staff, do not meet the securement requirement. Also, information literature shall be distributed to drivers delivering solid waste to any solid waste handling site and disposal facility. The information shall emphasize methods to secure loads and the reasons for doing so. d. A vehicle transporting sand, dirt, or gravel in compliance with the provisions of RCW 46.61.655, as now existing or hereafter amended, shall not be required to secure or cover a load or pay a fee pursuant to this section. ADOPTED this 24th day of May , 1994. ATTEST: Ramona Reeves, Council Clerk APPROVED AS TO FORM: Civil Deputy Pros to WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Robek A. Imhof, Chairman (� Approved ( ) Denied Shirley Van Zaliten, Ex; We S /z6 /q y