HomeMy WebLinkAboutord2001-041WIIATCOM COUNTY COUNCIL AGENDA BILL NO. _ 2001 -306
CLEARANCES
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Dare Receivedin CouncRO ice
A enda Date
Au' nedto:
Originator: Dick Prleve
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SEP 04 2001
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HWI ATCOM COUNrt
COUNCIL
09/11/01
Introduction
Division Head:
Linn Head: Monsen
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Prosecutor
Dan Gibson
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SUBJECT:
Ordinance amending the text of Whatcom County Code 8.10, Solid Waste and Residential Recycling Collection
ATTACHMENTS:
Ordinance
Related County Contract #:
Should Clerk schedule a hearing: NO/ / YES/ X / Requested Dote:
SUMMARYSTATEMENT:
WA Utilities and Transportation Commission has required further
changes to the Service Level Ordinance.
Ordinance & Resolution
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c t)UNCIL ACTION TAKEN:
2001 -306 911112001: Introduced
912512001: Adopted 7-0, Ord. #2001 -041
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Ordinance o Reso0 'j. ttion 61T,641
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SPONSORED BY: Public works
PROPOSED BY: Public Works
INTRODUCTION DATE: 9/11/01
ORDINANCE NO. 2001 -041
AMENDING WHATCOM COUNTY CODE 8.10
SOLID WASTE AND RESIDENTIAL RECYCLING COLLECTION
WHEREAS, the Whatcom County Council adopted Ordinance No. 90 -95, the
Service Level Ordinance, on October 9, 1990 and amended said ordinance on January
11, 1991; again on July 23, 1991; again on September 19, 1995, again on December
91 1997; and again on July 24, 2001; and
WHEREAS, following adoption of the amendments on July 24, staff forwarded
the amended ordinances to the Washington Utilities and Transportation Commission
for review; and
WHEREAS, upon receipt of the amended ordinances, staff from the Commission
recommended a number of changes to the language of the ordinances so that, in the
opinion of Commission, the ordinances would better comport with developments in
case law; and
WHEREAS, after reviewing the changes recommended by Commission staff,
staff in the Whatcom County Public Works Department determined that the changes
could be adopted in a way that satisfied the concerns of WUTC staff and that also
achieved the intent of the Whatcom County Council; and
WHEREAS, the proposed ordinance, which is attached hereto and designated as
Exhibit A, reflects the above - referenced changes; and
WHEREAS, the Solid Waste Advisory Committee (SWAC) had met, reviewed,
and commented on the previously proposed and adopted amendments to the Service
Level Ordinance, which were in substance very similar to those contained herein, and
at its meeting on August 30, 2001, was informed of and given opportunity to respond
to the changes recommended by the Commission; and
WHEREAS, this matter came before the County Council for public hearing, and
a public hearing was held on September 25, 2001, after proper publication and public
notice; and
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WHEREAS, the current ordinance expires on December 31, 2002;
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
Section 8.10 of the Whatcom County Code is hereby amended in accordance with
Exhibit "A ".
[All except one of the shaded portions within Appendix A that are not stricken
through are changes that the Council approved on July 24, 2001 and are intended to
remain in effect. The one shaded portion representing language added beyond the
amendments of July 24 is found at the end of WCC 8.10.050.K, and is hereby adopted
in addition to the previous amendments. The shaded portions that are stricken
through represent language that was added by the Council's action on July 24 but is
now being removed by this action. The unshaded portions that are stricken through
represent language that was in effect prior to the July 24 amendments and is now
being removed by this action of the Council.]
ADOPTED this 25 day of Sept. , 2001
WHATCOM COUNTY COUNCIL
ATTEST: WHATCOM COUNTY, WASHINGTON
Dana Brown - Davis, County Clerk ( War NeI n, Co cil ChairNel n, Co cil Chair
APPROVED AS TO FORM: (roved O Denied
,
Civil Deputy Prosecutor
'Pefe Kremen, County Executive
Date: /® cI- Of
Chapter 8.10
SOLID WASTE AND RESIDENTIAL RECYCLING COLLECTION•
Sections:
8.10.O1OPurpose.
8.10.020Findings.
& M030Definitions.
8.10.040Single- family residential garbage collection.
8.10.050Residential recycling collection.
8.10.060Nomesidential and multifamily garbage collection.
8.10.070Submittal of documents and notices.
8.10.080Notice to Utilities and Transportation Commission.
8.10.090Modification of collection schedules.
8.10.100Severability
'Prior legislation: Ords. 90 -95, 91 -003 and 91 -054.
Code reviser's note: The provisions of this chapter will expire on December 31, 2002.
8.10.01OPurpose.
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 chapter 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. (Ord. 97 -067; Ord. 95 -045).
8.10.020Findings.
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 residents by encouraging the reuse 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 nonresidential 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)
reuse intact materials in their original form for thew 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 the ordinance codified in this chapter 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. (Ord. 97 -067; Ord. 95 -045).
8.10.030Defnitions.
As used in this chapter:
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 Chapter
81.77 RCW 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); Washington Waste Hauling and
Recycling, Inc. (WUTC No. G -237); and Point Distributors, Inc. (WUTC No. G -055).
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.
and pt Reberu qggsoiail upiailmen or 4~
F. "Recyclables" and "recyclable materials" mean those solid wastes that are separated for
recycling or reuse as identified in this chapter.
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.
H. "Solid waste" shall have the meaning given to it by RCW 70.95.030. (Ord. 97 -067; Ord.
95 -045).
1. "On Call Service,, Mweekorne pickup service and drop -off recycling on other than regularly
scheduled days, fromt that is a seasonal vacation or weekend home. On -call garbage service
does not include roadservice and tends to be on a variable infrequent basis.
J Seasonal.vacation is defined as a secondary residence used only for weekend or
vacation use primary residence.
8. 1 0.040Single-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. In Point Roberts only, seasonal vacation or weekend residents
will be mean � pkju recycling.and have the option of on -call service. do
B. Garbage containers provided by and for single- family residences shall be 30 to 32
gallons and 15 to 20 gallons. Haulers may also offer 60 or 90- gallon containers. A specific
size within the 15 to 20- gallon "mini -can" range shall be approved by the hauler and shall
be consistent within the certificated area. Ninety- 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.
C. Collection rate structures shall be designed to encourage waste reduction and recycling
and to comply with the plan rge and the
billing shasige f8F large eatuainuais shall bA He Iisss than fee smaller
1:� CAFtIfigAtod I]RUIRng shall bill mph pugtirrisr at lonst mPA pugl�, thrPA months. 4410 fare
.(Ord. -97 -067; Ord. 95.045).
8.10.050Residential recycling collection.
A. Certificated haulers shall collect source separated recyelables from all residences in
unincorporated portions of Whatcom County that receive regularly scheduled garbage collection, except as
provided in subsection K of this section. 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. The hauler shall provide residents, who have completed the garbage exemption
process, the opportunity to subscribe to recycling -only collection service without
subscribing to garbage collection. Recycling -only customers will be charged the full cost
of recycling collection service plus an appropriate administrative billing fee. In Point Roberts rally, single -
family residROW-Mrikefified as permaneard"ear upied buildings and every other week
recycling collection does not have to be my the s garbage pickli ,
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. The
cost to the hauler of the initial container set for each dwelling unit, of damaged containers,
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 home by the customer. The
hauler shall deliver all containers to the dwelling unit unless otherwise directed by the
county.
C. 1. Haulers shall collect, and recycling containers shall be designed to hold, the following
materials:
a. Newspaper;
b. Mixed waste paper;
c. Aluminum containers;
d. Tin - plated steel containers;
e. Glass containers;
f. All plastic bottles; all remaining plastic containers are eligible as approved by the county
and the hauler.
g. Yard Waste. Collection of this material is deferred pending further amendments to this
chapter, no later than December 31, 1999.
2. The following materials shall also be collected when placed adjacent to set -out
containers:
a. Corrugated cardboard;
b. Scrap metal no longer than 24 inches in any dimension or heavier than 35 pounds per
piece;
c. Lead -acid batteries that show no signs of leakage;
d. Used motor oil in sealed containers;
e. Other source separated materials designated by the county and the hauler and approved
by the county council.
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 notrequired 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. �
r e _ate
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 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, in consultation with certificated haulers and purchasers of recyclable
materials, shall establish promotional strategies by which the haulers shall inform the
public about recycling collection service. The gg"A in PerifiPsand laiulpFs of implementing
sash slFatilgieS Shall 138 _d x- •c . The county
may adopt, and pay for, additional promotional strategies if they wish. Any hauler that
wishes to adopt additional promotional strategies shall obtain the prior approval from the
county. Requirements imposed by the WUTC are not promotional strategies for purposes
of this section.
1. It is unlawful for any person, other than the collectors as authorized by this chapter, to
collect, remove, haul, or dispose of recyclable materials set out for collection pursuant to
this section 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 $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 chapter pursuant to RC W 36.58.040, notifying the W UTC to
carry out the plan rather than awarding a contract, shall continue to December 31, 2002,
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 chapter, the
county executive shall provide the hauler with a written notice specifying the
noncompliance and affording the hauler 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. All single family residences
located in Point Roberts, meeting the defion of seasonal vacation or weekend homes as defined under
8.10.030(1), are exempt from curbside recy. _,.g. collection.
L. Should the county or the hauler determine that there is no reasonable market for a
material and/or the cost of recycling that material is unreasonable, they can petition the
executive to eliminate the requirement for that material to be collected as a recyclable. The
executive has full discretion whether to accept or deny the request. The executive must
state the period of time the exemption will be allowed. (Ord. 97 -067; Ord. 95 -045).
8.10.060Nonresidential and multifamily garbage collection.
A. Certificated haulers shall perform collection and hauling of garbage from nonresidential
and multifamily accounts in Whatcom County.
B. Conminer 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 pperF gallea,
p@F yard RF pPF ton basis Has AS 10F lai'leff (KHRiNAM Sh A I I be He less thall Riles feF SiRallO
FRIPq ` 6811611HOFS Shall he _ than F AN m.. , -:.,. e
billing PhaF
D. Certificated haulers shall bill each customer at least once every three months. (Ord.
97 -067; Ord. 95 -045).
8.10.070Submittal of documents and notices.
A. Whenever a certificated hauler files a proposed tariff revision with the WUTC, the
hauler shall simultaneously provide the county 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 details, miff sheet application and
adjustments, and annual reports.
B. I. All certificated haulers, recycling collectors and processors, transfer facilities, and
disposal facilities shall provide the county with the following quarterly information on
April 20th, July 20th, October 20th, and January 20th for each of the previous three months
and, where appropriate and practical, separately listed for each city and unincorporated
area of the county:
a. Daily disposal tonnages to and from municipal disposal facilities for each primary
disposal or processing method, transfer stations, and convenience centers;
b. Monthly disposal tonnages from industrial and other private landfills;
c. Monthly recycling tonnages per material from all recycling collectors and processors;
d. Solid waste collection, disposal, and recycling collection and processing service
contracts and amendments within incorporated and unincorporated areas of the county;
and
e. A log of all customer complaints about recycling, specifying the date, nature of
complaint and resolution for each complaint.
2. In addition, all certificated haulers shall provide the county with the following
information regarding residential recycling and, where appropriate and practical, separately
listed for single - family and multifamily residences broken out by city/county:
a. Monthly tonnages and, if available, volumes of materials collected by type of material
collected, and revenues /costs by type of material;
b. Number of eligible customers and number of set outs per month. (Ord. 97 -067; Ord.
95 -045).
8.10.080Notice to Utilities and Transportation Commission.
The Whatcom County council, pursuant to RCW 81.77.030(5) and 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 chapter and in the plan in
coordination with certificated haulers and common carriers through the Commission's rate
setting and oversight authority. (Ord. 97 -067; Ord. 95 -045).
8.10.090Modifrcation of collection schedules.
The provisions of this chapter concerning (1) the 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. (Ord. 97 -067; Ord. 95 -045).
8. 10, 100Sevembility.
If any portion or section of this chapter or its application to any person or circumstance is
held invalid, the remainder of the chapter or the application of the section to other persons
or circumstances is not affected. (Ord. 97 -067; Ord. 95 -045).