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HomeMy WebLinkAboutord1989-0401 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 an INTRODUCED BY: Consent PROPOSED BY: Public Works Dept.. DATE INTRODUCED: 4 -6 -89 ORDINANCE NO. 89 -40 AN ORDINANCE FACILITATING THE UPDATE OF WHATCOM COUNTY'S COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN, AUTHORIZING THE COUNTY EXECUTIVE TO INITIATE THE IMPLE- MENTATION OF THE PROVISIONS OF RCW 70.95.080 AND RCW 70.95.090 IN UPDATING THE PLAN, AUTHORIZING THE.EXECUTION OF INTERLOCAL AGREEMENTS NECESSARY FOR THE PREPARATION AND IMPLEMENTATION OF THE PLAN, AND DELEGATING CERTAIN DUTIES TO THE COUNTY EXECUTIVE IN MEETING THE RESPONSIBILITIES OF THE COUNTY IN MANAGING SOLID WASTE. WHEREAS, Whatcom County, with the assistance of the Solid Waste Advisory Committee, is in the process of updating its Comprehensive Solid Waste Management Plan ( "Plan "); and WHEREAS, such Plan cannot be updated without the input and cooperation lof cities of Whatcom County as provided in RCW 70.95.080; and WHEREAS, each city in responding to the requirements of RCW 70.95.080 has three options: (1) prepare its own plan and deliver such plan to the County Auditor to be incorporated into the comprehensive county plan, (2) participate with the County in preparing a joint city - county plan, or (3) authorize the County to prepare the city's plan to be included in the comprehensive county plan; and WHEREAS, current solid waste management programs and disposal facili- ties are inadequate and must be developed to fully protect public health and safety; and WHEREAS, to prepare a workable updated Plan that will be approved by the Washington State Department of Ecology ( "Ecology "), the County must incorpo- rate or cooperatively prepare plans that include Bellingham, Blaine, Everson, Ferndale, Lynden, Nooksack, and Sumas in the County Plan; and WHEREAS, the County, in preparing and implementing its Plan must have control of the waste stream for which it provides solid waste disposal facilities. ORDINANCE - 1. Date drafted: 5/11/89 2 II follows: 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 nf% NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council as Section 1. The County Executive is authorized and directed to prepare and transmit to the County Council at the earliest possible date, but not Tip than ne 1, 1989, an updated Plan in conformance with law and the regulations of Ecology. The County Executive is further authorized to evaluate the environ- mental impacts of the Plan, to identify methods to reduce or mitigate the impacts, and to take any other action necessary for complying with the goals and policies of the State Environmental Policy Act, Chapter 43.21C RCW. Section 2. The County Executive is authorized to contact each city in the County and request that it respond in writing as to how it proposes to meet its plan responsibilities as provided by RCW 70.95.080. Any city that plans jointly with the County or for which the County prepares a plan shall enter into an interlocal agreement with the County. If a city does not reply within thirty (30) days after the County Executive's request, the County Executive is autho- rized to report the same to the Department of Ecology and to seek its interven- tion in securing a response from such city. Section 3. Interlocal agreements, if substantially in the form of Appendix I attached hereto and by this reference incorporated herein, may be executed by the County Executive on behalf of the County. If the city seeks a different form of interlocal agreement, such agreement shall be submitted to the County Council for review and approval before execution. Section 4. Each city that elects to develop a cooperative plan with the County, or to submit its own independent plan, shall define the source, nature, and extent of its solid waste and such city shall identify any portion of its waste stream it plans to dispose of at County owned and operated facili- ties. If the city plans to dispose of any solid waste at County facilities, it shall grant control of such defined waste stream to the County in the execution of an interlocal agreement. Section 5. No city, independent contractor, person, corporation, state agency, partnership, or other entity shall dispose of solid waste at County owned and operated facilities without identifying and dedicating to the County on a continuing basis control over the waste stream to be disposed of at said County facilities. Section 6. Independent haulers, operators of private disposal facili- ties, and others providing solid waste collection, transportation, or disposal services within cities within Whatcom County shall be bound by the election of such city as to the method of disposal and by the County's flow control ordi- nance. The County shall not accept any solid waste for disposal after January 1, 1992 unless it is a waste stream that has been assigned to the County pur- suant to an interlocal agreement or the County's flow control ordinance. Section 7. The County Executive is authorized to activate mandatory garbage collection in unincorporated areas of Whatcom County if the County Council: ORDINANCE - 2. date drafted: 5/11/89 1 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 (a) Creates a solid waste collection district pursuant to Chapter 36.58A RCW; (b) Creates a solid waste disposal district pursuant to Chapter 36.58 RCW, and imposes an excise tax as authorized for such disposal districts; (c) Approves a solid waste management plan update, approved by the Department of Ecology, that includes recommendations for mandatory collection to assist in recycling programs and to protect the public health; and (d) After having been given fifteen (15) days written notice by the County Executive of intent to initiate mandatory collection, does not in such fifteen days suspend the County Executive's action. Section 8. Prior to submitting a final updated solid waste management plan to e� County Council and the Department of Ecology, the County Executive shall submit the Plan to the mayor of each city that has entered into an interlocal agreement with the County. Within twenty (20) days, the mayors may submit in writing specific alternative proposals to parts or all of the Plan. Except where alternatives are proposed, the Plan shall be deemed to have been approved by the mayors. The County Council will, in approving the Plan, con- sider all proposed alternatives and may modify the Plan to be sent to the Department of Ecology for concurrence. Section 9. The County Executive is delegated and authorized to act on behalf of the County in implementing the approved solid waste management plan, to enter into incidental and implementing agreements with cities signing interlocal agreements, and to otherwise carry out the intent of such Plan sub- ject only to the usual and applicable financial, personnel, and administrative requirements of the County. APPROVED this FATTEST: Ramona Reeves Clerk of the Council APPROVED AS TO FORM: 11th day of May 1989 WHATCOM C0L1 Y �WtINGTON /171MATCOM C T Randall J. Watts, Chief Civil Deputy Prosecuting Attorney ORDINANCE - 3. date drafted: 5/11/89 Kondla u. Ha Chairperyon (� APPROVED �)) ( ) VETOED UC•-„_- SHIRLEY VAN ZANTEN County Executive Date: May 12, 1989 APPFNDTX T INTERLOCAL AGREEMENT This agreement is executed by and between Whatcom County ( "County ") and the City of ( "City ") (hereinafter jointly referred to as "the parties ") for the purposes of establishing an integrated and coordinated solid waste management program for Whatcom County; fulfilling the City's and County's obligations under Chapter 70.95 RCW, and other state and federal laws and regu- lations governing solid waste management; and contributing to the health and safety of all Whatcom County residents. The parties make and enter into this Interlocal Agreement ( "Agreement ") effective the day of , 1989, for the purposes and under terms contained herein. Definitions For the purposes of this Agreement and any related agreements, con- tracts, and documents executed, adopted, or approved pursuant to this Agreement, the parties shall use the definitions found in RCW 70.95.030; 70.138.020, and WAC 173 - 304 -100, unless the context indictes otherwise. Recitals WHEREAS, the parties recognize the need and obligation to meet federal and state mandates for solid waste planning and management; and WHEREAS, the parties believe that the comprehensive solid waste manage- ment plan ( "Plan ") can best be accomplished under the leadership of Whatcom County in cooperation with the City; and WHEREAS, the City agrees that to implement the County's Plan the County must control the flow and disposal of all solid wastes originating within the City that are to be landfilled; and WHEREAS, programs of solid waste reduction and recycling can be most effective when carried out pursuant to a coordinated Plan; and WHEREAS, the County must have adequate funding to acquire, construct, and oprate a County landfill and otherwise meet its financial obligations for solid waste planning and management as required by law; and WHEREAS, the parties are authorized and empowered to enter into this Agreement pursuant to Chapter 39.34 RCW. THEREFORE, in consideration of mutual promises and covenants herein, it is hereby agreed: 1. Authority and Responsibilities of the Counter: The City hereby delegates and grants to the County the following authorities and obligations to be exercised and assumed by the County on behalf of the City with only such limits as are herein specifically enumerated or provided by law. The County shall: -1- A. Prepare and submit for approval on behalf of the City and County a comprehensive solid waste management plan as provided in RCW 70.95.080 and related provisions of law. Such plan as finally prepared, amended, or modi- fied shall, following referral to the Executive Committee as provided in Section 6 of this Agreement, be binding upon the City in its solid waste management; B. Include within the Plan the official position of the County and signatory cities on the disposal of special incinerator ash in the County. The County Executive shall be the sole spokesman of participating local govern- ments for the purpose of commenting to the Department of Ecology on ash manage- ment plans prepared pursuant to RCW 70.138.030(1), and disposal permit appli- cations prepared pursuant to RCW 70.138.030(4). Notwithstanding the foregoing, the County recognizes that final determination of special incinerator ash disposal resides within the jurisdiction of the Department of Ecology; C. Implement, in cooperation with the City, waste reduction and recycling programs within such City, as well as in unincorporated areas, all as enumerated in the Plan. Where appropriate and agreed, the County may provide funding to the City to implement such waste reduction and recycling program; D. Include the City in a solid waste disposal district if such district is formed under the provisions of RCW 36.58.100 - .150. Any excise tax levied under the provisions of RCW 36.58 shall be a uniform Percentage for all parties within the District; and E. Acquire, construct, and operate within the corporate limits of the City, where provided for in Plan implementation, solid waste facilities including, but not limited to, transfer stations and recycling facilities, sub- ject, however, to City zoning, building codes, and related land use ordinances. 2. Responsibilities of the City: The City hereby agrees: A. That its cooperation with the County shall include, where appropriate, provisions in its franchise agreements with waste haulers to imple- ment curbside recycling or other waste reduction and recycling programs of the adopted Plan; B. To provide for mandatory solid waste collection within such City during the term of the Agreement; C. Pursuant to the Plan and as incorporated in a City flow control ordinance, the City shall estimate the portion of its solid waste stream that is to be recycled, incinerated, and landfilled. The City agrees that all material to be landfilled shall be dedicated to the exclusive control of the County; D. That, subject to law, the City grants to the County exclusive and complete jurisdiction over any solid waste originating outside of the County and imported into the City for disposal, or originating in the City and exported for disposal outside the County. Any such import or export of solid waste shall only be on terms and conditions approved by the County; and -2- E. To cooperate in implementing Plan elements, particularly those related to solid waste reduction and recycling. 3. Financing: The County shall finance the programs provided for in the Plan by a combination of "tipping" fees, transfer station charges, taxes authorized by law (including RCW 36.58.140), and such other revenues and charges as the County Council may authorize from time to time to fund its solid waste utility_ If any excise tax as authorized by RCW 36.58.140 is levied, it shall be calculated and utilized to any costs related to: A. Construction, operation, maintenance and closure of any land- fill that may oe developed in the future; B. Funding of approved recycling programs when recommended by the Executive Committee; C. Public educational programs related to the management of solid waste; D. Construction, maintenance and operation of transfer stations; and E. Such other programs as the Executive Committee may recommend pursuant to the approved Solid Waste Management Plan. 4. County Flow Control: The County shall control by County flow control ordinance all solid waste originating within the unincorporated areas of the County. 5. Mandatory Garbage Collection: The County shall establish man- datory garbage collection in unincorporated areas of Whatcom Countif a solid waste disposal district is formed under the provisions o fRCW 36.58.100 -.350 wh ci includes thy. 6. Termination of Agreement: The City or County may terminate this Agreement after June 1, 1990 by giving written notice no less than six (6) months prior to the last day of the County's budget year. Under current state law the last day of the County's budget year is "„ter -38 December 31. The parties agree: (1) that termination will not absolve them of responsibilty for meeting financial and other obligations outstanding at the time of termination and through the current County budget year; and (2) that prior to termination, a withdrawing city will prepare and receive Ecology approval of its own solid waste management plan. -3- 7. Formation of Executive Committee: The parties agree to form an Executive Committee to consider various matters in the management of the Plan that require the cooperation and joint action of each signatory to an interlocal agreement. The members of the Executive Committee shall be the County Executive and the mayor or mayor's representative from each city executing an interlocal agreement. The Executive Committee shall: A. Meet the first working Wednesday of each October or at the call of the County Executive or a majority of the mayors; B. Approve the Plan or revisions or amendments thereto by majority vote for submission to the County Council; provided, that any member may file a minority report with the County Council or the Department of Ecology; provided further, that if a majority of members cannot agree on a plan revision or update, the County Executive may submit the Plan with the alternatives or objections of the mayors noted on the record; C. Consider the direct implementation strategies for the Plan, including funding allocations as may be recommended to the County Council; D. Review and recommend to the County Council any revision to the tax rate assessed by the Solid Waste Disposal District, it being specifi- cally agreed that the initial tax rate shall not exceed ten erp cent (10% ) of any collection charge; and E. Undertake such other activities as may aid in the successful implementation of the Plan. The County Council will issue a letter of intent to each city exe- cuting an interlocal agreement indicating its willingness to negotiate in good faith issues brought to the Council by the Executive Committee and to give food faith c o n s i d eration /weight to the Executive Committees r� ecommendations. 8. Assets and Liabilities: On termination of this Agreement, any assets owned separately by a party shall remain the property of that party. In entering into this Agreement, neither party assumes liabiity for the actions or activities of the other, except as provided by law or as may be agreed by the parties from time to time. 9. Implementing Agreements: The parties agree that routine operating agreements may be required from time to time to accomplish the purposes of this Agreement and the Plan. Any such operating agreement or understanding executed to implement this Agreement or the Plan which is signed by the County Executive and the Mayor shall be presumed to be binding on the parties unless contrary to law. -4-