HomeMy WebLinkAboutord1990-095h�,LATCOM COUNTY COUNCIL AGENDA BILL NO. q0 -30
CLEARANCES: initial Date Date Received in Council Office: A�enda Date: Assi ned To:
Ori inator 8/2 qly Igo Cauyi/►
Division Read-
Department Head- 10 -9 -90 PS /Council
?3/2950
:Ordinance establishing service levels'for solid waste and residential recycling
collection in unincorporated Whatcom County and non resideritial recycling in
all areas of Whatcoui County
ATTACHMENTS.
the ordinance
Public Hearing Needed? Yes No % f
SUMMARY STATEMENT. -
This ordinance is in..keeping with the County's Solid Waste Management Plan
and the RCWs which require that the County adopt ordinances to establish minimum
levels and types of services.
ORIGINATOR'S RECOMMENDED ACTION.
pass
COMMITTEE ACTION (including dates):
9 -25 -90 Held in committee until 10 -9 -90
COUNCIL ACTION (including dates):
9 -25 -90 No action - will appear on 10 -9 -90 agenda
10 -9 -90 Council passed: Amended
Related File Numbers:: 8 °1' 4'.3 Ordinance or Resolution Number. ORD 9 0 - 9 5
INTRODUCED BY: Consent
DATE: September 4, 1990
PROPOSED BY: Public Works \Executive
ORDINANCE NO. 90 -95
AN ORDINANCE ESTABLISHING SERVICE LEVELS FOR SOLID WASTE
AND RESIDENTIAL RECYCLING COLLECTION IN UNINCORPORATED
AREAS OF WHATCOM COUNTY AND NONRESIDENTIAL RECYCLING
COLLECTION IN ALL AREAS OF WHATCOM COUNTY.
WHEREAS, Whatcom County ( "County ") is charged by Chapter 70.95
RCW with the primary responsibility for adopting a comprehensive
solid waste management plan to control the collection and disposal
of solid waste generated within its boundaries; and
WHEREAS, the County has adopted the 1990 Comprehensive Solid
Waste Management Plan Update (the "Plan ") to govern the solid waste
management policies of Whatcom County; and
WHEREAS, all incorporated municipalities are included in the
Plan and have designated Whatcom County as the lead agency through
interlocal agreements; and
WHEREAS, pursuant to RCW 70.95.010(8), 70.95.092 and
70.95.160, the Plan provides for certain rate structures and
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service levels to promote recycling, waste reduction and waste
separation; and
WHEREAS, pursuant to RCW 70.95.094, the State of Washington
Department of Ecology approved the Plan on May 3, 1990; and
WHEREAS, RCW 36.58.040 authorizes the County by ordinance to
provide for a system of solid waste disposal, including processing
and conversion of solid wastes into other valuable or useful
products; and to either award contracts to collect residentially
source separated recyclable materials or to notify the WUTC to
carry out the waste reduction and recycling elements of the Plan;
and
WHEREAS, RCW 70.95.160 requires the County to adopt ordinances
to establish minimum levels and types of services, and to implement
other aspects of the Plan; and
WHEREAS, RCW 81.77.030 and 81.77.040 require the Washington
Utilities and Transportation Commission ( "WUTC ") , through its
review and approval of rate structures and levels, to require solid
waste collection companies to comply with the Plan and related
implementation ordinances;
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WHEREAS, State and federal law and regulations have placed
increased responsibility on local governments to manage solid waste
in a manner that protects public health and safety; and
WHEREAS, the County, through its Plan, has made a long term
commitment to waste reduction and recycling, including curbside
recycling; and
WHEREAS, the solid waste haulers presently operating in the
County and certificated by the WUTC have consistently provided
necessary, efficient, and convenient solid waste collection
services to the unincorporated portions of the County; and
WHEREAS, to operate an efficient waste disposal system and
recycling collection system requires that solid waste and recycling
collection companies provide adequate and appropriate levels of
service at fair, just and reasonable rates to residential and
nonresidential customers within Whatcom County; and
WHEREAS, solid waste haulers operating in the County and
certificated by the WUTC have provided residential recycling
collection services to some incorporated areas of the County and
are willing and able to provide the levels of service for recycling
collection specified by this Ordinance; and
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WHEREAS, in accordance with State law, the Council believes
that nonresidential recycling collection programs should offer
minimum levels of service;
NOW, THEREFORE, BE IT ORDAINED by the County Council of
Whatcom County as follows:
Section 1. Purpose
A. Policies expressed in Whatcom County's 1990 Comprehensive
Solid Waste Management Plan Update ( "Plan ") make waste
reduction and recycling the preferred methods of handling
solid waste. The purpose of this ordinance is to specify
service levels and rate structures for recycling and solid
waste collection that encourage recycling and waste reduction,
that protect the public health and safety, and to ensure that,
to the maximum extent practicable, only the remainder after
separation should be incinerated or landfilled.
B. Certain service levels and rate structures for solid waste and
recycling collection are hereby established in Whatcom County
to further the objectives of the Plan, including a high level
of waste reduction and recycling; to ensure the provision of
such solid waste collection and disposal systems and services
as are in the public interest; and to secure a healthful
environment for all citizens of Whatcom County.
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Section 2. Findings
The County Council, in establishing service levels and rate
structure principles, determines and finds:
A. Waste reduction and recycling measures contemplated by the
Plan promote the health, safety, and welfare of County
residents by encouraging the re -use of products and reducing
the use of incineration and landfill facilities.
B. State and federal laws and regulations have increased the
responsibility of local governments to manage solid waste
systems in a manner that protects public health and safety.
C. The State and the County have set waste reduction and
recycling as the highest priorities in managing solid waste.
In order to make programs for waste reduction, curbside
recycling and other source separation feasible, rate
structures must make it cost - effective for residents and
businesses who generate small amounts of waste to participate
in such programs, and all non - residential accounts must be
offered the option of subscribing to recycling service.
D. It is the policy of the County that collected recyclable
materials be processed locally whenever practicable and that
they be utilized according to the following priorities: (1)
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reuse intact materials in their original form for their
original purposes; (2) recycle materials back into their
original form for their original purpose; (3) recycle
materials for other uses and preserve the future ease of
recyclability; and (4) reuse materials for single end uses
that do not allow or that inhibit further recycling.
E. Adoption of this ordinance is necessary for the protection of
natural resources and the environment, the immediate
preservation of the public health and welfare and the support
of governmental activities.
Section 3. Definitions
A. "Carrier" means a common, contract or private carrier as
defined by RCW 81.80.010.
B. "Certificated Hauler" means a solid waste collection company
as defined by RCW 81.77 and certificated to operate in Whatcom
County. Certificated haulers are Sanitary Services Company
(WUTC no. G -14); Nooksack Valley Disposal, Inc. (WUTC no. G-
166) ; Blaine -Bay Refuse, Inc. (WUTC no. G -145) ; and Point
Roberts Sanitation (WUTC no. G -155). For purposes of this
ordinance, North Cascade Disposal is not a certificated
hauler.
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C. "Executive Committee" means the group of seven mayors and the
County Executive as established and governed by interlocal
agreements between the County and cities in July 1989.
D. "Multifamily dwelling" means a residential dwelling containing
five or more units on one lot or parcel.
E. "Nonresidential Account" means a building or facility that is
not occupied as a permanent residence including, but not
limited to, commercial and industrial businesses, schools,
hospitals, government buildings, recreation facilities, and
transportation facilities.
F. " Recyclables" means those solid wastes that are separated for
recycling or reuse as identified in this ordinance; provided,
however, that "recyclables" shall not include any material for
which there is no market, or for which the cost of recycling
(including the cost of getting the material to market) exceeds
the full cost of disposal (including the tipping fee at a
disposal facility plus the avoided cost of siting a new
disposal facility in the amount of $ 8.58 per ton).
G. "Single family residence" means a residential dwelling
containing four or fewer dwelling units on one lot or parcel.
Where two, three, or four units are on one lot or parcel, each
unit shall be considered as an individual single family
residence.
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H. "Solid Waste" shall have the meaning given to it by RCW
70.95.030.
I. "Special Permission Tariffs" means a class of tariffs
applicable to common carriers under RCW 81.80 for specific
commodities and areas as designated by the Washington Utilities and
Transportation Commission ("WUTC").
Section 4. Single Family Residential Garbage Collection
A. Certificated haulers shall perform collection and hauling of
garbage from single family residences that request collection
service in unincorporated portions of Whatcom County. Service
to single family residences shall be provided on a schedule
of either weekly, every- other -week or monthly collection.
B. Garbage container sizes provided by and for single family
residences shall be 30 -32 gallons and 15 -20 gallons. Haulers
may also offer 60 or 90 gallon containers. A specific size
within the 15 -20 gallon "mini -can" range shall be approved by
the hauler and shall be consistent within the certificated
area. Mini -can and 90 gallon can service shall be available
only on a weekly or every- other -week basis. The design of all
containers shall be subject to approval by the hauler.
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C. Collection rate structures shall be designed to encourage
waste reduction and recycling and to comply with the Plan.
The rate per gallon for large containers shall be no less than
for smaller containers. The per gallon rate for multiple
containers shall be no less than for a single container.
D. Certificated haulers shall bill each customer at least once
every three months. The rate printed on the bill shall be a
combined figure representing the garbage collection rate plus
the recycling collection rate.
Section S. Residential Recvclina Collection
A. Certificated haulers shall collect source separated
recyclables from all residences in unincorporated portions of
Whatcom County that receive garbage collection, except as
provided in Section 5(K) of this ordinance. All single family
residences shall be provided with recycling collection at
least every other week and on the same day of the week as
garbage collection. Service to multifamily residences shall
be provided at least every other week.
B. The hauler shall provide recycling containers to each
residence at the customer's request. Container design and use
shall be subject to the prior approval of the County Solid
Waste Manager. The cost to the hauler of the initial
container set for each dwelling unit, of damaged containers,
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and of containers for new customers as necessary, shall be a
cost incorporated into the collection rate. The cost of lost
or stolen containers shall be borne by the customer. The
hauler shall deliver all containers to the dwelling unit
unless otherwise directed by the County Solid Waste Manager.
C. Haulers shall collect and recycling containers shall be
designed to hold the following materials:
1. Newspaper
2. Mixed waste paper
3. Aluminum containers
4. Tin - plated steel containers
5. Glass containers
The following materials shall also be collected when placed
adjacent to set -out containers, provided, however, that a
Certificated Hauler may decline to collect any of the
following materials upon prior approval of the Solid Waste
Manager; and provided further that the Solid Waste Manager
shall approve the non - collection of any material for which
collection would threaten public health:
6. Refillable glass containers
7. Corrugated cardboard
8. Scrap metal no longer than 24" in any dimension or
heavier than 35 pounds per piece.
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9. Lead -acid and household batteries that show no signs of
leakage.
10. Used motor oil in sealed containers.
11. Other source separated materials designated by the hauler
and approved by the Solid Waste Manager.
D. Materials shall be collected on the improved public road
nearest to the residence (or mutually agreed upon location)
when properly set out on the designated collection day. The
hauler is not required to collect materials at any particular
hour. The collector is not required to enter private property
to collect material while an animal considered or feared to
be vicious is loose. The resident shall confine such an
animal on collection day.
E. In case of missed collection, the hauler shall investigate
and, if the missed collection is verified, shall arrange for
the collection of the uncollected recyclable material within
one business day after the complaint is received, unless
otherwise agreed by the hauler and customer. All haulers
shall add staff as needed to answer questions and respond to
complaints from 8:00 a.m. to 5:00 p.m. on collection days.
F. Each hauler shall charge the same recycling collection rates
to each residential dwelling unit that receives garbage
collection service from that hauler. Revenues from such rates
shall be designed to cover all projected collection,
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marketing, promotional, and administrative costs reasonably
and necessarily incurred to provide residential recycling
collection. However, only costs directly associated with
recycling service may be allocated to recycling rates. The
Solid Waste Manager shall research recyclable material markets
and other program costs associated with residential recycling
collection. The Solid Waste Manager shall report annually
to the Council and to the WUTC reagrding such research.
G. Haulers and recycling companies shall take reasonable actions
in marketing recyclable materials to implement the County's
policies regarding local processing and priorities of use.
All materials collected (except unmarketable household
batteries) shall be processed and marketed such that no
recyclable material is landfilled, incinerated, or disposed
of in any way other than recycling. Haulers shall adopt
collection procedures and technologies to minimize the cross -
contamination or nonrecyclability of collected materials. The
County may assist, if necessary, in the storage of
unmarketable household batteries.
H. The County Solid Waste Manager, in consultation with
certificated haulers and purchasers of recyclable materials,
shall establish promotional strategies by which the haulers
and the County shall inform the public about recycling
collection service. The costs to certificated haulers of
implementing such strategies shall be covered by their rates
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for residential recycling service. Any hauler that wishes to
adopt additional promotional strategies shall obtain the prior
approval of the Solid Waste Manager. Requirements imposed by
the WUTC are not promotional strategies for purposes of this
section.
I. It is unlawful for any person, other than the collectors as
authorized by this ordinance, to collect, remove, haul, or
dispose of recyclable materials set out for collection
pursuant to Section 5 of this ordinance without first
obtaining the consent of the occupant or owner of the
premises. Any violation of this subsection shall constitute
a misdemeanor and, upon conviction, violators shall be
punished by a fine of not less than one hundred dollars
($100.00) and not more than five hundred dollars ($500.00).
Each day of such violation and violation at each dwelling
unit, shall be deemed a separate and independent offense.
J. The business name and telephone number of the collector shall
be clearly visible on each side of each vehicle used to
provide residential recycling service. The collector shall
contain, tie, or enclose all collected materials to prevent
leaking, spilling, or littering.
K. The election made by this ordinance pursuant to RCW 36.58.040,
notifying the WUTC to carry out the Plan rather than awarding
a contract, shall continue for five years from the date of
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adoption, except as provided in this subsection. If the
County Executive determines that a certificated hauler has
materially failed to comply with the requirements or policies
of this ordinance, the County Executive shall provide the
hauler with a written notice specifying the noncompliance and
affording the hauler sixty (60) days to cure the
noncompliance; provided, however, that the hauler shall not
be required to cure any noncompliance that is caused by an
event or condition, including a threat to the public health
or safety, that is beyond the hauler's control. At the
discretion of the County Executive, the period for cure may
be extended. If the hauler fails to cure, the County may
contract for the provision of residential recycling service
pursuant to RCW 36.58.040 in the area served by the hauler.
section 6. Nonresidential and Multifamily Garbage Collection
A. Certificated haulers shall perform collection and hauling of
garbage from nonresidential and multifamily accounts in
Whatcom County.
B. Container sizes for nonresidential and multifamily accounts
shall be approved by the hauler.
C. Rate structures for nonresidential and multifamily garbage
collection shall be designed to encourage waste reduction and
recycling and to comply with the Plan. On a per - gallon, per-
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yard or per -ton basis, rates for larger containers shall be
no less than rates for smaller containers, and rates for
multiple containers shall be no less than rates for a single
container.
D. Certificated haulers shall bill each customer at least once
every three months. The rate printed on the bill shall be a
combined figure representing the garbage collection rate plus
the recycling collection rate.
Section 7. Nonresidential Recycling Collection
A. Collection and hauling of recyclables from nonresidential
accounts within all incorporated and unincorporated areas of
the Whatcom County shall be performed by carriers. Each
certificated hauler that holds a permit as a common carrier
shall offer recycling collection service on at least a weekly
or monthly basis to each nonresidential account served by the
hauler.
B. It is the County's policy that any common carrier permitted
to collect any recyclable material from nonresidential
accounts within Whatcom County should file a Special
Permission Tariff or comparable document for such collection
with the WUTC or other appropriate regulatory body and should
offer to collect the following source separated materials:
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1. Paper
2. Corrugated cardboard
3. Glass containers
4. Metal containers
5. Other source separated materials designated by the hauler
and approved by the Solid Waste Manager.
C. Collection of commingled recyclable material is permitted upon
approval of the Solid Waste Manager. Each tariff shall
provide for a variety of container sizes. Container sizes
reflected in the tariff shall be subject to the approval of
the Solid Waste Manager, shall be sufficient to meet the needs
of all nonresidential accounts who desire service, and shall
be designed to make recycling as cost - effective as possible
for all customers.
D. Materials shall be collected on the improved public road
nearest to the account's facility (or mutually agreed upon
location) when properly set out on the designated collection
day.
E. Rate structures for nonresidential and multifamily recycling
collection shall be designed to encourage waste reduction and
recycling and to comply with the Plan. On a per - gallon, per -
yard or per -ton basis, rates for larger containers shall be
no less than rates for smaller containers, and rates for
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multiple containers shall be no less than rates for a single
container.
F. Revenues from nonresidential recycling rates shall be designed
to cover all projected collection, marketing, promotional, and
administrative costs reasonably and necessarily incurred by
the carrier or the County to provide nonresidential recycling
collection. However, only costs directly associated with
recycling service may be allocated to recycling rates.
G. The collector shall take reasonable actions in marketing
recyclable materials to implement the County's policies
regarding local processing and priorities of use. All
materials collected (except unmarketable household batteries)
shall be processed and marketed such that no recyclable
material is landfilled, incinerated, or disposed of in any way
other than recycling. Haulers shall adopt collection
procedures and technologies to minimize the cross -
contamination or nonrecyclability of collected materials.
H. The County Solid Waste Manager, in consultation with common
carriers and purchasers of recyclable materials from
nonresidential accounts, shall establish promotional
strategies to inform nonresidential garbage customers about
recycling collection service. The costs to the common carrier
of implementing such strategies shall be covered by its rates
for nonresidential recycling service. Any common carrier that
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wishes to adopt additional promotional strategies shall obtain
the prior approval of the Solid Waste Manager. Requirements
imposed by the WUTC are not promotional strategies for
purposes of this section.
I. The hauler shall contain, tie, or enclose all collected
materials to prevent leaking, spilling, or blowing.
Section 8. Submittal of Documents and Notices
A. Each certificated hauler shall file a proposed tariff revision
with the WUTC that complies with the requirements of this
ordinance within sixty (60) days of the adoption of this
ordinance. Such tariff shall bear an effective date no later
than either February 1, 1991 or 45 days after its filing date,
whichever is later.
B. Whenever a certificated hauler or any common or contract
carrier of recyclable materials generated within Whatcom
County files a proposed tariff revision with the WUTC, the
hauler or carrier shall simultaneously provide the County
Solid Waste Manager with copies of the proposed tariff and all
nonproprietary supporting materials submitted to the WUTC at
any time prior to approval of the tariff. Such materials
include but are not limited to any correspondence or other
information concerning rate calculation parameters and
Ems;
details, tariff sheet application and adjustments, and annual
reports.
C. All certificated haulers, recycling collectors and
processors, transfer facilities, and disposal facilities shall
provide the County Solid Waste Manager with the following
information on a quarterly basis:
1. daily disposal tonnages from municipal disposal
facilities and transfer stations;
2. monthly disposal tonnages from industrial and other
private landfills;
3. monthly recycling tonnages per material from all
recycling collectors and processors;
4. solid waste collection, disposal, and recycling
collection and processing service contracts and
amendments within incorporated and unincorporated areas
of the County; and
5. a log of all customer complaints about recycling,
specifying the date, nature of complaint and resolution
for each complaint.
In addition, for reporting periods covering July 1990 through
March 1993, all certificated haulers, recycling collectors
and processors, transfer facilities and disposal facilities
shall provide the Solid Waste Manager with the following
information regarding residential recycling:
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1. operational and capitalization costs regarding any test
routes or neighborhoods designated by the Solid Waste
Manager and haulers;
2. data averages and ranges regarding operational and
capitalization costs for all other routes or
neighborhoods not designated as test areas using test
route and related information;
3. usage and type of equipment used per test route;
4. average pounds collected per household or multi -unit
complex, per test route;
5. operational problems, successes and changes per test
route;
6. effectiveness of promotional efforts through random
surveys in areas selected by the Solid Waste Manager;
7. tonnages and, if available, volume of household batteries
collected per test route and related collection
difficulties, changes and successes;
8. participation rate (number of eligible households, number
who sign up for recycling, and number who set out
recyclables) for test routes with a description of the
methods used to determine these rates;
9. tonnages and, if available, volumes of materials
collected by type of material collected, including
recyclables and garbage, and revenues /costs by type of
material;
10. frequency of and reasons for bin replacement;
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11. number of calls from customers regarding additional
information, sign -up, need for additional service, missed
collections, withdrawal from recycling collection
program, and other recycling- related matters.
Section 9. Notice to Utilities and Transportation Commission
The Whatcom County Council, pursuant to RCW 81.77.030(5) and RCW
81.77.040, hereby notifies and requests the Washington Utilities
and Transportation Commission to carry out and implement the
policies and programs specified in this ordinance and in the Plan
in coordination with certificated haulers and common carriers
through the Commission's rate setting and oversight authority.
Section 10. Modification of Collection Schedules.
The provisions of this ordinance concerning (1) frequency of
collection of recyclable materials and garbage; (2) service levels
in rural areas in the event that mandatory collection is not
adopted; and (3) rate structures in the event that the WUTC issues
an inconsistent order may be modified by agreement of the County
Executive and all certificated haulers, subject to approval by the
County Council.
Section 11. Severability.
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If any portion or section of the ordinance or its application to
any person or circumstance is held invalid, the remainder of the
ordinance or the application of the section to other persons or
circumstances is not affected.
Section 12. Effective Date
The provisions of this ordinance are to be effective ten (10) days
after adoption of this ordinance.
APPROVED this ninth day of October, 1990.
ATTEST:
WHATCOM COUNT / NCIL
WHATCOM COUNT;. OUSHI(N
Kald G. Jadn
airperson
( ✓) Approved ( ) Vetoed
Ramona Reeves Shirley Van tanten
Clerk of the Council County Executive
Date:
APPROVED AS TO FORM:
Randall J. Watts
Chief Civil Deputy
Prosecuting Attorney
Date: I (.) / c") " � C.
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