Loading...
HomeMy WebLinkAboutord1990-096T a ' ^OM COUNTY COUNCIL AGENDA BILL NO. CLEARANCES: Initial Date Date Received in Council office: A enda Date: Assi ned To: originator- -1 9 �v/� //]��•//p Division Head- q�25�C'10 P5 /�dNCc�ltT�nrina 10/9/90 Counciljps SUBJECT. :Ordinance creating a solid waste collection district ATTACHMENTS: the ordinance Public Hearing Needed? Yes No SUMMARY STATEMENT.• This is THE ordinance to create the solid waste collection district. ORIGINATOR'S RECOMMENDED ACTION.• pass COMMITTEE ACTION (including dates): COUNCIL ACTION (including dates): 9-2546' PubTfc hearing held but no action taken on Exec. request. U has not completed 9 =28 -90 Decision to refer to this as Recycling and Solid Waste Distjts review. 10 -9 -90 Council Passed: Amended 5 -2 E.3: & D.VY against Related File Numbers: Ordinance or Resolution Number. ORD90 -96 INTRODUCED BY: Consent DATE: September 4, 1990 PROPOSED BY: Public Works /Executive ORDINANCE NO. 90 -96 AN ORDINANCE CREATING A SOLID WASTE RECYCLING AND COLLECTION DISTRICT WITHIN UNINCORPORATED AREAS OF WHATCOM COUNTY; ESTABLISHING THE PURPOSES AND OBJECTIVES OF THE DISTRICT; PROVIDING FOR DISTRICT MANAGEMENT; AND PROVIDING FOR ENFORCEMENT, INCLUDING A PENALTY, ALL AS PROVIDED IN SECTIONS RCW 36.58A.010 - 040. WHEREAS, Whatcom County adopted a Comprehensive Solid Waste Management Plan Update (the "Plan ") on March 13, 1990 as required by law and regulation; WHEREAS, the Department of Ecology of the State of Washington approved the Plan on May 3, 1990; WHEREAS, the Plan incorporated extensive revisions to the 1980 Plan reflecting substantially increased emphasis on waste reduction, recycling, and resource recovery, and otherwise complying with changes in solid waste management law and regulation; WHEREAS, the County is authorized by RCW 36.58.040 to provide 1 by ordinance for the establishment of a system of solid waste handling for all unincorporated areas; WHEREAS, the Plan calls for establishment of a mandatory solid waste collection district pursuant to RCW 36.58A in unincorporated areas of the County in order to meet the goals of the Plan; WHEREAS, one of the purposes for forming the Recycling and Collection District shall be to increase the opportunities for waste reduction and recycling throughout the County in accordance with the goals of the Plan; WHEREAS, mandatory recycling and collection alleviate public health problems that stem from improper handling of solid waste; WHEREAS, mandatory collection may help insure that citizens who benefit from the County's solid waste and recycling management services share equitably in the costs of providing such services; WHEREAS, the Council has on January 4, 1990 and on September 25, 1990, pursuant to notice as provided by law, conducted public hearings on the formation of said District, and at the conclusion of said hearings has found that mandatory solid waste and recycling collection and the formation of the District are in the public interest and are necessary for the preservation of the public health and safety; 2 WHEREAS, the County Council has determined that a Solid Waste Recycling and Collection District ( "Recycling and Collection District ") for the mandatory collection of solid waste and recycling in unincorporated areas shall be formed as provided in Chapter 36.58A RCW; WHEREAS, the Council has referred formation of the District to the Washington Utilities and Transportation Commission ("WUTC") for investigation pursuant to RCW 36.58.030, and the WUTC has determined that the garbage and refuse collection companies presently serving the areas to be included in the Recycling and Collection District are willing and able to provide the required service; NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council, as follows. Section 1. The Whatcom County Solid Waste Recycling and Collection District (the "District ") is hereby created to make solid waste and recycling collection mandatory in Whatcom County in furtherance of the objectives of the County's Plan. The District is formed, in part, in light of the formation of a solid waste disposal district pursuant to Chapter 36.58 RCW and Ordinance 90 -1. The County Council has determined that the unincorporated areas of the County cannot meet their solid waste management 3 objectives, including recycling goals, without the formation of a collection district. The Recycling and Collection District shall include all unincorporated areas except the Diablo /Newhalem area of Whatcom County and shall be implemented compatibly with cities and towns which require mandatory collection within their limits, all as provided in interlocal agreements executed with the County. All municipalities in the County have executed interlocal agreements with the County as shown in Appendix A, which is incorporated herein by reference. The County Council in forming the Recycling and Collection District determines and finds: A. All residences and businesses within the County are beneficiaries of the County solid waste and recycling management program and receive substantial and essential public service by having available on a continuing and standby basis healthful, safe, and reliable solid waste disposal facilities; B. The County has experienced increasing health and safety problems due to improper handling of solid waste. These problems include but are not limited to air pollution, litter and possible groundwater contamination. Requiring that transportation and disposal of solid waste be performed by qualified providers of collection service in compliance with the law and regulations is necessary for the immediate protection of the public health and 4 safety; C. The State has set waste reduction and recycling as the highest priorities in managing solid waste streams. In order to develop workable programs of waste reduction and recycling, the County and municipalities need mandatory collection to make curbside collection and other source separation feasible; D. The costs of operating Whatcom County's solid waste and recycling management program may be met in part by imposing an excise tax on the charges paid for solid waste collection by each residential dwelling and by each business or institution in the taxing district, as authorized by Ordinance 90 -1; and E. Those who knowingly fail to comply with the requirements of this ordinance shall be liable as provided below for a civil penalty and for related attorneys' fees and costs in order to reduce the environmental degradation and public health risks associated with noncompliance. Section 2. Solid waste and recycling collection shall become mandatory for owners of all developed property within the Recycling and Collection District on a date which the County Executive has certified for implementation of the mandatory collection program. Such date shall be determined by the County Executive after consultation with staff of the Solid Waste Division, who shall have 5 consulted with haulers, concerning the administrative feasibility of implementation. Such date shall occur on the first day of a month, and shall not be sooner than the first day of the month following the approval of this ordinance, nor later than one year following such approval. Section 3. Procedure to Obtain Exemption. A. At least sixty (60) days prior to the date of implementation of mandatory solid waste and recycling collection, the Solid Waste Division shall provide reasonable notice to all residences and businesses that mandatory collection will be implemented. Such notice shall state how requests for exemption may be filed. Such notice shall be issued in coordination with certificated haulers. B. Any person who wishes an exemption from the provisions or application of this Ordinance may file an affidavit with the Solid Waste Manager which states substantively as follows: I swear or affirm that I should be exempt from the requirements of universal recycling and solid waste collection because I am disposing of my waste in an environmentally sound way. This affidavit is subject to periodic verification by the Solid Waste Manager or his /her designee. C. Within thirty (30) days after implementation of mandatory collection, the Solid Waste Manager shall provide a report to the County Executive containing findings on the number of exemptions that have been requested, the grounds stated for such exemptions, and the actions taken on the requests. Within sixty (60) days 0 after implementation of mandatory collection, the County Executive shall report the findings to the County Council, together with any recommendations for further legislative action on exemptions which the County Executive believes are appropriate. Section 4. Enforcement; Civil Penalty. A. If any residence, business, or institution, not otherwise exempt from mandatory collection, refuses to pay for such mandatory collection, the County may, upon the request of a certificated hauler, through the prosecuting attorney's office commence appropriate action to enforce the provisions of this ordinance. The prevailing party shall be entitled to an award of reasonable attorney's fees and costs in any such action. B. Any person who knowingly fails to subscribe to or pay for solid waste and recycling collection service without having obtained an exemption shall be liable in addition to actual damages, for a penalty to the County in an amount equal to any past due bill for solid waste and recycling collection service not to exceed five hundred dollars, plus an additional penalty of not less than one hundred dollars nor more than two hundred dollars which shall not be suspended or deferred. Section 5. The Whatcom County Council shall be the governing body of the Recycling and Collection District. The electors of said District shall be all registered voters residing within the District. 7 Section 6. The invalidity or unenforceability of any portion of this Ordinance shall not affect the other provisions thereof, and this Ordinance shall be construed in all respects as if such invalid or unenforceable provision were omitted. APPROVED this ninth day of October, 1990. ATTEST: Ramona Reeves Clerk of the Council WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON nald n ey Chairma (v�. APPROVED ( ) VETOED AU U L Shirley Van Z nten County Executive c� Date: