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Revised 3/4/87
INTRODUCED BY: Consent
PROPOSED BY: Public Works
DATE INTRODUCED: Feb. 5, 1987
ORDINANCE NO. 87 -17
AN ORDINANCE IMPOSING A PASS - THROUGH FEE UPON
PERSON OR PERSONS, COMPANIES, OR CORPORATIONS
ENGAGED IN THE COLLECTION AND DISPOSAL OF
REFUSE AND GARBAGE, OR CONTRACTORS, CITIZENS,
OR OTHER BUSINESSES DISPOSING OF REFUSE OR
GARBAGE WITHIN WHATCOM COUNTY AT PRIVATELY -
OWNED INCINERATORS OR PRIVATELY -OWNED LANDFILL
SITES ACCESSIBLE TO THE PUBLIC.
WHEREAS, Whatcom County has the responsibility for the protection of
the public health, safety and disposal of the solid waste that has accumulated
within Whatcom County; and
WHEREAS, Whatcom County Ordinance Resolution 87 -8 requires that the
Cedarville landfill only receive demolition and construction debris after June
30, 1987 and municipal waste only in emergency situations; and
WHEREAS, the Whatcom County Council has determined that the County's
future solid waste needs can be served by private enterprises; and
WHEREAS, the limitations placed on the Cedarville landfill will curtai
revenues that are needed for expenses related to future landfill closures,
leachate control, ground water monitoring, recycling, and solid waste planning
and administration;
NOW, THEREFORE, THE WHATCOM COUNTY COUNCIL DOES ORDAIN:
SECTION 1. LEVIED
There is levied, and shall be collected, a solid waste pass- through fe
in the form of a per -ton tipping fee established by the Council upon every per-
son or persons, company, corporation or contractor that disposes of their refus
and garbage at privately -owned incinerator sites or privately -owned landfill
sites open for public use.
SECTION 2. RATE
This ordinance shall establish a per -ton tipping fee to generate
$150,000 per year from garbage collection and disposal activities. Initially
the rate will fall within the range of $3.00 per ton to $12.00 per ton dependin
on interlocal agreement endorsement. The revenue requirements and rate will be
adjusted in the future subject to Council approval, as costs and factors
affecting revenue become known.
SECTION 3. REMITTANCE OF FEES
'rhe fee or fees shall be collected � � ar+ in% @"Pest- bea'..;.,,
-asseu t by the company or companies that own or operate incinerator facilities
and landfill sites open for public use within Whatcom County including, but not
limited to Thermal Reduction Corporation and the Olivine Corporation. Provided
that said corporations shall enter into contractual agreements with Whatcom
County for the purpose of collecting the pass- through fee or fees. The com-
panies or corporations, upon approval of such agreements, sTiall pay to the
County, upon a quapteT;y monthly basis, #,lam monies levied 4).y this eriAOAce 9_�u
�a . intQrPQt the total amount of fees collected. The total aueu t of
fees collected shall be paid to the County no later -than-34 10 days following
the end of the quarterly 9Q. preceeding month. The remittance shall be
accompanied by a form to be provided and prescribed by the County Treasurer.
ORDINANCE -1.
Date drafted: 3/4/87
The County Treasurer shall, in accordance with RCW 70.95.215, deposit
1 the funds received into a new reserve fund to be available for transfer to the
Solid Waste Reserve Fund, to provide for closure and post- closure costs related
2 to solid waste disposal facilities or transferred to the Solid Waste Fund to
reimburse costs related to leachate control, ground water monitoring, recycling
3 programs and solid waste planning and administration
4 SECTION 4. INTERLOCAL AGREEMENTS
5 The pass- through fees colleoted shall be from the users in the unincor-
porated areas of Whatcom County. Provided, that in accordance with RCW 39.34
6 the County may enter into an interlocal agreement with any city or town within
Whatcom County which has previously utilized or caused to be utilized any of the
7 present or previously -used landfill sites within Whatcom County for the disposal
of refuse and .garbage to allow Whatcom County to collect the pass- through fee tc
8 insure adequate resources for proper closure of present and previously -used
landfill sites.
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SECTION 5. EFFECTIVE DATE
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11 This ordinance shall become effective July 1, 1987.
SECTION 6. VIOLATIONS AND PENALTIES
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Any person, persons or contractors who dispose of refuse or garbage at
13_ the Thermal Reduction Corporation and Olivine Corporation incinerator facilities
14 or privately -owned landfill sites open to the public or other sites or facili-
ties that may be designated now or in the future by the County Council who
15 fails or refuses to pay the established pass- through tipping fee when due shall
be guilty of a misdemeanor.
16 APPROVED this 2nd day of April 1987
17 WHATCOM COUNTY COUNCIL
18 WHATCOM COUNTY, WASHINGTTO_N
19 L %ilk
20 William F. Roehl, Acting Chair
21 ATTEST: ( ✓f APPROVED ( ) VETOED
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23 Carol Ebergson SHIRLEY VAN LaNTEN
Clerk of the Cou cil County Executive
24 Date: April 3, 1987
25 APPROVED AS TO FORM:
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27 Randall J. Watts, Chief Civil
Deputy Prosecuting Attorney
28 Published on February 18, 1987 and April 8, 1987
Z9 This ordinance becomes effective on July 1,_1987
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32 ORDINANCE - 2.
Date drafted: 3/4/87