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HomeMy WebLinkAboutord1990-001006,-.,,04 - 1rHATCOM COUNTY COUNCIL AGENDA BILL NO. 40V 30 199 WHATCOM COUNTY COUNCIL ,P" a enaa uate: nssi nea h 12/07/89 1 INTRO 1/4/90 BPS /Council Ordinance creating a solid waste disposal district within all unincorporated areas of Whatcom County and within all cities and towns in Whatcom County pursuant to interlocal agreements between such cities and towns and the County. ATTACHMENTS. - Ordinance Public Hearing Needed? Yes / f 4 / 9 C o SUMMARY STATEMENT. I This ordinance also establishes the purposes and objectives for the district, provides for district management, authorizes the levy of an excise privilege tax for district purposes, all as provided in sections RCW 36.58.100- .150, and provides that any county surcharge assessed pursuant to Section 15, Chapter 431, Laws of 1989, shall be coor- dinated with any excise tax levied by the district. RECOMMENDED ACTION: Recommend adoption following the public hearing. COMMITTEE ACTION (including dates): 1 -4 -90 Public Services: No recommendation.,. COUNCIL ACTION (including dates): 1 -4 -90: Adopted unanimously. Related File Numbers: A 690 3 Ordinance or Resolution Number. 090 -1 INTRODUCED BY: Consent DATE: December 7, 1989 PROPOSED BY: County Executive ORDINANCE NO. 090-1 AN ORDNINANCE CREATING A SOLID WASTE DISPOSAL DISTRICT WITHIN ALL UNINCORPORATED AREAS OF WHATCOM COUNTY, AND WITHIN ALL CITIES AND TOWNS IN WHATCOM COUNTY PURSUANT TO INTERLOCAL AGREEMENTS BETWEEN SUCH CITIES AND TOWNS AND WHATCOM COUNTY; ESTABLISHING THE PURPOSES AND OBJECTIVES OF THE DISTRICT; PROVIDING FOR DISTRICT MANAGEMENT; AUTHORIZING THE LEVY OF AN EXCISE PRIVILEGE TAX FOR DISTRICT PURPOSES, ALL AS PROVIDED IN SECTIONS RCW 36.58.100 - .150; AND PROVIDING THAT ANY COUNTY SURCHARGE ASSESSED PURSUANT TO SECTION 15, CHAPTER 431, LAWS OF 1989, SHALL BE COORDINATED WITH ANY EXCISE TAX LEVIED BY THE DISTRICT. WHEREAS, Whatcom County has approved a 1990 updated Comprehen- sive Solid Waste Management Plan ( "Plan "); WHEREAS, consistent with the objectives of Whatcom County's Plan and as a part of the Plan's implementation, the County Council has determined that a solid waste disposal district shall be formed as provided in 36.58 RCW; WHEREAS, the purposes of forming said District shall be to provide and fund solid waste disposal services, with such funding to provide a stable and reliable source of income for implementing the Plan, including, but not limited to, waste reduction and recycling, construction of transfer stations, and development, maintenance, operation, and closure of County -owned landfills through the assessment of an excise privilege tax ( "tax ") as provided by RCW 36.58.140; WHEREAS, citizens paying such tax shall be charged a lesser landfill disposal charge, and all others disposing at County -owned landfill sites shall pay a greater disposal charge; and WHEREAS, the Council has on January 4, 1990, pursuant to notice as provided by law, conducted public hearings on the formation of said District. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council, as follows. SECTION 1. The Whatcom County Solid Waste Disposal District ( "District ") is hereby formed to provide a sound financial basis for support of the objectives of the County's updated Comprehensive Solid Waste Management Plan, including a high level of waste reduction and recycling; to construct transfer stations; to acquire, develop, maintain, operate, and close solid waste - 2 - landfills in Whatcom County; to provide such other solid waste disposal systems and services as are in the public interest; and to secure a healthful environment for all citizens of Whatcom County. The District shall include all unincorporated and incorporated areas of Whatcom County. Incorporated areas are included within the District pursuant to interlocal agreements executed with Whatcom County, copies of which are attached to and incorporated herein as Appendix A. The County Council in forming the District determines and finds: A. State and Federal law and regulation have placed increased responsibility on local governments to manage solid waste disposal systems in a manner that protects public health and safety; B. Properly designed, operated, and maintained landfills and other solid waste disposal facilities are essential public utilities serving broad public interests, by protecting public health and safety; C. New federal and state standards for solid waste disposal, including requirements for recycling and waste reduction, have greatly increased the cost of solid waste disposal systems; - 3 - D. The transfer and other handling of solid wastes generated by residents of the District, whether generated at their homes or elsewhere in the District, imposes cost burdens on the District; E. All residences and businesses within the District are beneficiaries of County landfills and other systems and facilities and receive substantial and essential public service by having the operational availability on a continuing basis healthful, safe, and reliable solid waste disposal facilities and systems; F. In order to safely close older landfills, the County must expend substantial sums of money including the cost of ongoing monitoring, to protect the public health and welfare and to meet regulatory standards; G. The cost of acquiring, developing, operating, maintaining and closing facilities and providing for long -term compliance with regulatory standards cannot be financed solely on a "fee for service" basis; H. Fees for use of the County landfills or other County solid waste facilities and systems should be set at levels sufficient to encourage waste reduction and recycling, but not so high as to encourage littering or "midnight dumping "; I. Pursuant to ordinance 9b -'Cl(p , the County has - 4 - concurrently created a solid waste collection district pursuant to Chapter 36.58A RCW for the purpose of imposing mandatory collection in unincorporated areas which will match ordinances in incorporated areas, which enforce mandatory collection; J. A stable funding program made up of both service fees and a tax is required to provide a broad and sound financial basis to provide safe disposal facilities and systems, to meet the objectives of the Plan, and to support the management of solid waste programs in compliance with applicable State and Federal laws; K. Waste reduction and recycling measures contemplated by the Plan promote the health, safety and welfare of County residents, by reducing the degradation created by incineration and landfill facilities used to dispose of solid wastes; L. Recycling and waste reduction do not generate sufficient revenues to become self supporting; M. Imposition of the solid waste excise tax (the "Tax ") provided for by this Ordinance will promote the County's ability to meet all the Plan's solid waste management objectives; N. Those who pay the Tax should pay lower rates for use of County solid waste facilities than those who do not pay the Tax. - 5 - SECTION 2. As used in this Ordinance, the following terms shall be defined as follows: A. "Business or institution" shall include all properties in Whatcom County other than residential dwellings which are served by a certificated or franchised hauler of solid wastes. The Tax shall apply whether the business or institution is for profit or non - profit, public or private. B. A "certificated hauler" is a garbage and refuse collection company that has obtained a certificate of convenience and necessity from the WUTC pursuant to Chapter 81.77 RCW for a franchise area that includes unincorporated areas of the County. C. The "Executive Committee" means the executive committee formed pursuant to the interlocal agreements incorporated in Appendix A hereto. D. A "franchised hauler" is a garbage and refuse collection company that has been granted a franchise to provide service within one or more of the cities that have entered interlocal agreements with the County, as shown in Appendix A of this Ordinance. E. A "nonparticipant" is a residential, business or institutional customer that has not paid taxes levied under this ordinance because: (a) the County resident, business or institution is not served by any certificated or franchised hauler providing mandatory collection service; (b) is another person or a non- resident who, without paying the Tax, brings solid waste generated outside the County into the County for disposal within the County; or (c) is a resident, business or institution who does not pay the Tax for any reason. F. A "participant" is (a) a residential, business or institutional customer of a certificated or franchised hauler within the County, who has paid all taxes due under this ordinance; or (b) a certificated or franchised hauler or other person who pays the equivalent of the Tax for the privilege of disposing of waste in the County. G. The "Plan" is the County's Comprehensive Solid Waste Management Plan, as it has been updated in 1990 and may be amended thereafter; H. A "residential dwelling" shall include each single family house, apartment, houseboat, or other dwelling unit which is separately billed for waste collection service by a franchised or certificated hauler. Forest areas, farms or ranches that elect to use collection service shall be considered as residential dwellings for purposes of this Ordinance. Residents of apartments, hotels, dormitories, boarding houses, maritime vessels, or other housing - 7 - units shall not be separately taxed if the landlord or some other party arranges for solid waste collection and pays for solid waste collection and the Tax on behalf of tenants or residents. I. The "WUTC" is the Washington Utilities and Transportation Commission or any agency which succeeds to its powers. SECTION 3. An excise privilege tax shall be levied upon the charges paid for solid waste collection by each residential dwelling and by each business or institution in the District. This excise privilege tax shall equal a percentage of the collection charges billed by certificated or franchised haulers of solid waste, all as authorized by RCW 36.58.140. This tax shall be equal throughout the District, and shall not exceed loo without the approval of all cities and towns in the District. The County Council shall set the level of the tax from time to time by ordinance. If the County elects to impose the surcharge as provided in Section 15, Chapter 431, Laws of 1989, it shall coordinate such surcharge with the solid waste excise privilege tax so that the combined charge on all residents, businesses and institutions in the County shall be an equal percentage of the charges billed by the handler. SECTION 4. Any person not paying the Tax shall pay a surcharge rate equal to 1250 of the usual rate charged for use of County disposal facilities. The County shall, in cooperation with haulers, develop an administrative system identifying those residents having mandatory collection service and thereby entitled to the lesser rate for use of County disposal facilities. SECTION 5. To simplify collection of the Tax, each certified or franchised hauler shall include the Tax in its regular billing cycle for all customers within the District and remit the proceeds collected to the County Treasurer by the tenth working day following the end of each month. The excise tax provided for pursuant to this Ordinance shall, for administrative purposes, be billed and collected as nearly as possible in a manner compatible with the State solid waste tax, RCW 82.18, and the surcharge, Section 15, Chapter 431, Laws of 1989. SECTION 6. To assist in the enforcement of the taxes levied pursuant to this Ordinance, each certificated or franchised hauler disposing of solid waste at Whatcom County disposal facilities in providing the County Treasurer with a listing of its customers and information identifying customers delinquent in payment of the Tax. Such listings shall be used by the County Treasurer for purposes of bringing collection action against parties failing to pay the taxes required herein. The County Treasurer may request the assistance of the County Prosecuting Attorney to enforce collection of past due taxes and is authorized to seek the assistance of the State Department of - 9 - Revenue in coordinating the collection of these taxes with the State tax required by RCW 82.18. SECTION 7. Any party aggrieved in the application of the excise tax provided for herein may appeal the same to the Whatcom County Board of Equalization. The decision of such Board shall be binding on the County. SECTION 8. Solid waste generated within the District but disposed of outside of Whatcom County pursuant to authorization by the County in compliance with the Plan shall be subject to the Tax, unless specifically waived by ordinance. Solid waste from the Diablo area disposed of in Skagit County shall not be subject to the Tax. Any hauler that wishes to exclude any portion of his gross charges for solid waste collection from the Tax shall bear the obligation to segregate and justify that a portion of the waste should not be subject to the Tax, and shall be subject to the appeal provisions of Section 7. SECTION 9. If said excise tax is not paid when billed by the hauler, the County may seek payment of the tax and secure liens and execute against the property served for the unpaid tax, penalties and interest, all as provided in RCW 36.58.140. All taxes unpaid for ninety (90) days shall be assessed a penalty of $25.00 plus interest compounded at the rate of 1% per month for each month said tax remains unpaid. - 10 - SECTION 10. The operations of the District shall be managed by the Whatcom County Department of Public Works. SECTION 11. All taxes or other fees collected pursuant to this Ordinance shall be deposited to the solid waste utility account, or such other accounts as may be designated pursuant to County Ordinance or regulation, and shall be solely for purposes related to solid waste management and disposal, and, as to the excise tax, for those purposes set forth in Section 3 of the interlocal agreements, e.g., construction, operation, maintenance, and closure of any landfill that may be developed in the future; funding of approved recycling programs when recommended by the Executive Committee; public educational programs related to the management of solid waste; construction, maintenance, and operation of transfer stations; and such other programs as the Executive Committee may recommend pursuant to the Plan; provided, however, the County Council may authorize up to 5% of tax funds collected to be used to support tax billing and collection activities by the County Treasurer and Prosecutor. SECTION 12. This Ordinance shall take effect on May 1, 1990. The County Council shall review the need for the solid waste excise tax, the level of the Tax, and the operation of the solid waste system as frequently as may be needed. Such review shall be performed no less frequently than the review of solid waste - 11 - management plans as required under 70.95 RCW and as such law may be amended from time to time. SECTION 13. The invalidity or unenforceability of any provision of this Ordinance shall not affect the other provisions hereof, and this Ordinance shall be construed in all respects as if such invalid or unenforceable provision were omitted. SECTION 14. The Executive Committee shall annually review the tax requirements to fund the solid waste disposal programs and advise the County Council of their findings. APPROVED this 4th day of January , 1990. WHATCOM COUNTY COUNCIL COUN , W SHINGTON aATCOM onald an ey Chairm n ATTEST: APPROVED ( ) VETOED ALV Ramona Reeves Shirley VaA Zantbii Clerk of the Council County Executive - 12 - Date: