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HomeMy WebLinkAboutSpecial Council October 22 1987WHATCOM COUNTY COUNCIL SPECIAL MEETING October 22, 1987 The meeting was called to order at 7:04 p.m. by Vice Chair Roehl with Johnson, Hawley, Muenscher and Warner present. Hansey arrived at 7:20 p.m. PUBLIC HEARING ORDINANCE CONCERNING SOLID WASTE IN WHATCOM COUNTY (Mini- Initiative 2 -87) The public hearing on the proposed ordinance was opened. Mark Asmundson Attorney for Olivine Corporation Stated that Olivine was principle instigator of the mini - initiative due to its belief that the County should not be locked into a contract for solid waste disposal which would be against its own best interests; discussed problems City of Bellingham has experienced during its contract with TRC; TRC is not operating in accordance with emission standards; TRC's bottom ash has been determined to be of poor quality and they have not complied with acid gas removal standards; TRC has long tradition of operating out of compliance with emission standards; has record of dozens of violations; a contract with TRC would not solve the County's waste disposal problems. Discussed findings of a Seattle -based environmental engineering firm which was hired by Olivine to test and review its incinerator; the firm concluded that the incinerator would meet quality control standards and would be able to get a permit from Northwest Air Pollution; Olivine has received serious, unsolicited inquiries from other counties regarding waste disposal; Olivine's technology is viable and when the system is operational offers unlimited potential for exporting incinerators around the world; Olivine's attempts to operate have been frustrated by numerous appeals filed by its competitor, and the County should not reward the competitor for these actions; Olivine can provide better service than TRC. Bill Blair 1764 Iowa St. Spoke on behalf of Whatcom County granges; read statement from Pomona Grange expressing disapproval of attitudes toward and actions taken regarding solid waste disposal in Whatcom County; TRC is not in compliance with standards; Olivine has been prohibited from testing by TRC; Olivine should be given a fair chance. October 22, 1987 Page 2 Jim Leppala 2361 Thornton, Ferndale TRC has a long list of materials which it will not accept and which therefore have to be taken to Cedarville landfill; Council should wait until Olivine has operating permit before negotiating contract with TRC; if Cedarville is closed there will be no place for the materials which TRC will not accept. Jack Petree 2955' Sunset Has worked as advertising consultant to companies like Olivine; believes that if Olivine's ideas get on the market they would be worth millions of dollars to Whatcom County in burner sales. There was no further testimony and the hearing was closed. Discussion followed about the proposed ordinance. A number of concerns were raised by Council members, including the legality of the ordinance; its broad scope; and its restrictiveness in view of the County's serious waste disposal problem. It was also observed that the Council does not want to enter into an exclusive contract for solid waste disposal at this time and supports and welcomes Olivine's attempts to compete in this field. Council Attorney Randy Watts stated that the propriety of the ordinance could possibly be challenged on the grounds that it dealt with an administrative rather than a regulatory issue; and that he could not be sure whether it could restrict the Council's actions in related areas, such as setting rates. HAWLEY MOVED TO ADOPT THE ORDINANCE. There was discussion on the motion. JOHNSON MOVED TO AMEND THE MOTION BY CHANGING THE ORDINANCE TO A RESOLUTION, CHANGING THE ONE -YEAR TIME PERIOD TO SIX MONTHS, AND DELETE PARAGRAPH NUMBER 2 UNDER "NOW, THEREFORE . . ." There was discussion on the amendment. The motion to amend failed. There was further discussion on the main motion. October 22, 1987 Page 3 HANSEY MOVED TO AMEND THE MOTION BY CHANGING THE ORDINANCE TO A RESOLUTION, CHANGING THE ONE -YEAR TIME PERIOD TO SIX MONTHS, AND PLACING THE WORDS "IT IS THE INTENT OF THE WHATCOM COUNTY COUNCIL THAT" AT THE BEGINNING OF THE STATEMENTS IN PARAGRAPHS NUMBERED 1 AND 2 UNDER "NOW, THEREFORE . . " There was discussion on the amendment. The motion to amend carried. The main motion carried. The meeting Was adjourned at 8:15 p.m. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON William P. Roehl Vice Chair ATTEST: Carol Ebergson Clerk of the Council