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Home My WebLink AboutPacket Oct 11 2016WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016-290 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Natural Resources Originator: CW 9130116 10111116 Committee Division Head: Dept. Head: e Prosecutor: Purchasing/Budget: Executive: TITLE OF DOCUMENT. Discussion regarding ways to increase and improve communication with Cherry Point Industries to better understand the benefits and impacts of current and future operations ATTACHMENTS: SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing? ( ) Yes (X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: 2111114 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Discussion regarding ways to increase and improve communication with Cherry Point Industries to better understand the benefits and impacts of current and future operations COMMITTEE ACTION.• COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council. WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016-198A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: twh 09.29.16 " �� ' ' �- OCT 0 4 2016 WHATCOM COUNTY COUNCIL 10.11.16 Finance Division Head: Dept. Head: Prosecutor: Purchasing/Bu A ,�get: �d Executive: Fp� ,d/ TITLE OF DOCUM Executive Overview of 2017-2018 Biennium Budget ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( ) NO Requested Date: SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Executive Louws will present an overview of the 2017-2018 biennium budget. COMMITTEE ACTION. • COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council. 2 FIILIATrnni7 rn7I7VTV rnrnvrri Al:F1VnA R711 NO. 2016-288 CLEARANCES Initial Date Date Received in Council O ace Agenda Date Assigned to: Twh 09.09.16 09.27.16 Intro Originator: C-�) �� 1 �" 10.11.16 Finance/Council Division Head: Dept. Head: WHATCOM COUNTY l 11 b Prosecutor: 01 iq COUNCIL KJ,, Purchasin /Bud et: Executive: TITLE OF DOCUM1 Ordinance ordering the closure of the Superior Court Fourth Judge Courtroom Renovation Project Fund. ATTACHMENTS: Proposed Ordinance SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This ordinance orders the closure of the Courthouse 41h Courtroom Renovation Project Budget Fund. COMMITTEE ACTION. COUNCIL ACTION: 9/27/2016: Introduced 7-0 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing oil the County's website at: ww►v.co.whatcom.wa.usleouncil. 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 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 PROPOSED BY: Executive INTRODUCTION DATE: 09/27/16 ORDINANCE NO. Ordinance Closing Superior Court Fourth Judge Courtroom Renovation Project Fund WHEREAS, on June 18, 2013 Ordinance 2013-027 created the Superior Court Fourth Judge Courtroom Renovation Project Fund and established a project based budget for the Superior Court Fourth Judge Courtroom Renovation Project; and WHEREAS, the General Fund contributed $200,000 towards the project; and WHEREAS, on June 3, 2014 Ordinance 2014-033 amended the Superior Court Fourth Judge Courtroom Renovation Project Fund by adding $1,422,464 of expenditure authority to the original project budget of $200,000, for a total amended project budget of $1,622,464; and WHEREAS, in addition to the project budget allocation $84,826.11 was expended from the Trial Court Improvement Fund to install the Jefferson Audio Visual System (JAVS) in the new courtroom; and WHEREAS, the project has now been completed; and WHEREAS, the project fund is no longer needed; and WHEREAS, remaining cash in the amount of $145,016 should be returned to the appropriate fund sources; and WHEREAS, of the remaining cash $105,016 shall be returned to the General Fund and $40,000 will be diverted back to the Trial Court Improvement Fund to be used for additional JAVS upgrades, Page 1 of 2 0 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 30 31 32 33 34 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the Superior Court Fourth Judge Courtroom Renovation Project Fund be dissolved and its cash balance be returned to the General Fund in the amount $105,016 and Trial Court Improvement Fund in the amount of $40,000. ADOPTED this day of , 2016. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: Civil Deputy Prosecutor Barry Buchanan, Council Chair WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Jack Louws, County Executive ( ) Approved ( ) Denied Date Signed: Page 2 of 2 5 IHVMAT('f)41f Cf)VArTVr01T7Vr1L AGENDA RILL NO. 2016-296 CLEARANCES initial Date Date Received in Council Of .fice A aenda Date Assigned to: Originator: LR 09114116 E 'C3, IL_.� V E Lei Finance/Council Division Head: OCT 0 4 2016 Dept. Head.- WFiAl'COM COUNTY Prosecutor: COUNCIL Purchasing/Budget: Executive: 4� 10 TITLE OF DOt-- Resolution Ordering the Cancellation of Unclaimed Checks more than Two Years Old Whatcom County Jail Inmate Trust Fund Unclaimed Checks Prior to June 30, 2014 ATTACHMENTS. Above mentioned resolution and list of Unclaimed Funds SEPA review required? ) Yes ) NO Should Clerk schedule a hearing? Yes NO SEPA review completed? ) Yes ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUA GE. - The attached resolution will allow Administrative Services and the Treasurer's Office to cancel the unclaimed checks listed in Exhibit A and enables them to report and remit those funds to DOR Unclaimed Property Division. COMMITTEE ACTION. COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.wliatcom.wa.uslcouncil. ce SPONSORED BY: Consent PROPOSED BY: Executive INTRODUCTION DATE: RESOLUTION NO. ORDERING THE CANCELLATION OF UNCLAIMED CHECKS MORE THAN TWO YEARS OLD WHEREAS, RCW 63.29.130 states that property held by courts and public agencies that remains unclaimed by the owner for more than two years is presumed abandoned; and, WHEREAS, the Whatcom County Sheriff's Office/Jail has provided a list of Inmate Trust Fund checks that were issued prior to 06-30-14 and never presented or claimed by the owner. NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that Administrative Services Finance and the Treasurer's Office are directed, pursuant to RCW 63.29.130, to cancel the unclaimed checks listed in Exhibit A, and to report and remit those funds to DOR Unclaimed Property Division. APPROVED this ATTEST: Dana Brown -Davis, Council Clerk APPROVED as to form: Civil De uty P secutor day of 2016. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair 7 Whatcom County Jail Inmate Trust Fund Unclaimed Inmate Release Checks July 2013 to June 2014 Check No Issued Amount Number Name Multiple Check Totals Note 071422 9/27/2013 $ 2.17 A00043039 AALPOEL, STEVEN R 070827 8/5/2013 $ 0.04 A00040575 AARDEMA, KYLE WAYNE 001887 2/27/2014 $ 0.41 00006136 ABASOLO, MARIA CRISTINA 071193 10/28/2013 $ 0.52 A00043129 ABITIA, JIMMY RAYMOND 001110 1/6/2014 $ 0.21 00000002 ABRAHAMSON, MANUEL STEVEN 001369 1/10/2014 $ 0.50 00007446 ADAMSON, AMANDA JEAN 002032 3/19/2014 $ 0.58 00002212 AGUILAR, JORGE LUIS 071848 10/28/2013 $ 0.46 A00033399 ALEXANDER, MICHAEL FRANCIS 001583 2/11/2014 $ 2.62 00004671 ALMARAZ, JUAN JOSE 070401 7/13/2013 $ 0.13 A01891712 ALVARADO, DELFINO 001456 1/24/2014 $ 11.50 00008807 AL-ZAID, FAWAZ ADEL JASEM 070556 7/7/2013 $ 0.65 A00051026 AMBERS, BLAKE MITCHELL 070471 8/26/2013 $ 3.76 A00001475 ANDERSEN, RAY WHITNEY 071882 11/3/2013 $ 5.91 A00223243 ANDERSON, DARCY JEAN 071094 9/9/2013 $ 1.06 A01889900 AASON, CURTIS JOHN 002131 4/7/2014 $ 2.90 00006598 ASKOV, KRISTINA NOEL 071660 10/18/2013 $ 0.21 A00055921 ASSINK, APRIL 001964 3/8/2014 $ 4.70 00012584 ATKINS, JESSE LEE 001313 1/3/2014 $ 9.50 00006696 ATKINSON, JANA LYNN 001394 1/15/2014 $ 2.60 00007059 AUBERTIN, REBECKAH RENEE 002569 5/16/2014 $ 5.35 00000005 BAARDSON, RICHMOND EVAN 071148 10/1/2013 $ 0.47 A00038097 BAILEY, NICHOLAS MACKENZIE 002900 6/17/2014 $ 0.08 00010367 BALDIE, RACHEL RUTH 070448 8/13/2013 $ 0.48 A00035214 BARBER, JOHN NEIL 001847 2/19/2014 $ 8.50 00011120 BARR, EMILY REBECCA 071317 9/13/2013 $ 0.31 A00226885 BARROWMAN, JOHN ROBERT 001446 1/23/2014 $ 0.11 00001491 BARTON, DANIEL JOSEPH 071705 11/2/2013 $ 0.47 A00038361 BARTON, ERIKJAMES 070850 8/8/2013 $ 1.99 A00036607 BASS, DILLON LAWRENCE 001165 2/4/2014 $ 0.05 00000051 BECKER, DEREK MICHAEL 072093 11/17/2013 $ 8.25 A00056224 BENDA, JEFFREYALLAN 002506 5/7/2014 $ 2.40 00005727 BENNETT, MICHAEL PATRICK 001903 2/28/2014 $ 1.05 00011387 BERG ADAMS, SHEINA MARIE 001519 2/2/2014 $ 13.02 00009679 BESZHAK, EMILY ELIZABETH 070926 8/18/2013 $ 0.31 A01889949 BILSON, JENNIFER LYNN 072096 11/18/2013 $ 2.41 A00225900 IBLAKE, HALEE MICHELE 070442 8/7/2013 $ 0.35 A00031295 IBLUME, MICHAEL CHARLES 002802 6/9/2014 $ 8.41 00019137 BONILLA-MORA, ROGER ALBERTO 071758 12/10/2013 $ 0.08 00001880 IBORGES, EUGENE FRANCIS 071710 11/6/2013 $ 0.07 A00227565 BOUCHER, TRAVIS ROBERT 001381 1/13/2014 $ 7.05 00001918 BOURE, AMANDA RAYANN 001789 4/17/2014 $ 1.87 00014575 BOWMAN, TAVARES MALIK 070431 7/29/2013 $ 0.22 A00226833 BRADFORD, KENNETH GLENN 072004 11/5/2013 $ 0.50 A00055809 BRADLEY, WAYNE.BRYAN 002424 4/23/2014 $ 2.83 00015924 BRANDT, HENRY CHARLES 071884 11/4/2013 $ 0.94 A01890552 BRESNAHAN, BRENDON THOMAS 071134 9/20/2013 $ 0.31 A01888371 BROCK, ROGER HEATH 001808 2/14/2014 $ 1.36 00002255 BROOKS, LELA AMBER 071122 9/13/2013 $ 0.26 A00032781 BROWN, JASON JOHN 002901 6/17/2014 $ 0.28 00006347 BROWN, LACORY TERREL 1164 2/4/2014 $ 3.96 00005353 BROWN, SHARYL LYNN 001490 1/30/2014 $ 0.61 00009112 BRUEGGEMANN, LUCILLE JENNIFER 002724 5/25/2014 $ 108.75 00018158 BRUNET, THOMAS GUILLAUMI 001098 1/1/2014 $ 1.52 00006580 BUCKLAND, NICOLE MARIE 002306 4/27/2014 $ 0.24 00002007 BUNGER, JASON DEAN 071836 10/27/2013 $ 4.00 A00056094 BURGRAFF, JUSTIN T 071375 9/21/2013 $ 4.92 A00055863 BURTON, SETH MICHAEL 071002 8/27/2013 $ 5.75 A00055238 BURTON, STEVEN GEORGE 003019 6/30/2014 $ 2.92 00020357 BUTLER, ADRIAN HENRY 002353 5/23/2014 1 $ 0.18 000062-84 CADIENTE JR, RICHARD LUDIVICO 001714 2/17/2014 $ 0.09 00006284 CADIENTE JR, RICHARD LUDIVICO $ 0.27 i Whatcom County Jail Inmate Trust Fund Unclaimed Inmate Release Checks July 2013 to June 2014 002388 6/10/2014 $ 0.06 00018745 CARRAZCO, MICHELLE 001380 1/12/2014 $ 6.00 00007578 CARROLL, TRAVIS LEVI 002906 6/18/2014 $ 0.25 00014361 CASTANEDA JR, ORLANDO ROE 01743 3/17/2014 $ 0.24 00009714 CASTILLO JR, NICHOLAS LOPEZ 001354 1/9/2014 $ 0.01 00000057 CASTRO, DIEGO MIGUEL 001535 2/3/2014 $ 2.15 00009503 ICASTRO, LISA MARIE 071128 9/17/2013 $ 0.60 A00225032 ICATLIN, MICHAEL ALAN 001923 3/3/2014 $ 3.50 00012052 ICATLIN, MICHAEL ALAN $ 4.10 071675 10/20/2013 $ 6.65 A00056058 JCECSARINI, CHRISTOPHER DALTON 072048 11/11/2013 $ 3.42 A00034866 ICHARLIE, QUENTIN TYRONE 001899 2/28/2014 $ 9.50 00011865 ICHARTRAND, BENJAMIN JAMES 002397 6/13/2014 $ 0.23 00004866 ICHIN, THERON GOW 001780 4/15/2014 $ 0.76 00004684 CIMMINO, DENNIS JAMES 069790 7/2/2013 $ 0.20 A00035778 CLARK, ISAIAH LEVON 071654 10/16/2013 $ 1.50 A01888731 CLAUSEN, JANAYE MARIE 001479 1/28/2014 $ 65.74 00009172 COAKLEY, DANIELLE NICHOLE 070420 7/22/2013 $ 0.09 A00223918 COLES, CASEY THOMAS 001340 1/7/2014 $ 0.38 00001948 COLLINS, ROBERT 071692 10/21/2013 $ 1.69 A00056055 COLUMNA, DEREKALEXANDER 070439 8/5/2013 $ 0.65 00001483 COOKE, CECIL CARL 002080 3/29/2014 $ 0.04 00000290 COOKE, LUCY MATILDA DANIELL 001054 12/25/2013 $ 0.69 00000290 COOKE, LUCY MATILDA DANIELL $ 0.73 002341 5/18/2014 $ 0.40 00000058 COOKE, MOLLY MARIE 070485 9/3/2013 $ 0.27 A00039723 COOPER, NICKOLAS DAKOTA 070877 8/12/2013 $ 0.28 A01887283 COPELAND, ARNOLD LEE 071133 9/18/2013 $ 0.26 A00033921 CORBETT, BRIAN PAUL 072163 11/27/2013 $ 1.43 00002590 CORBETT, BRIAN PAUL $ 1.69 070831 8/6/2013 $ 1.50 A00055522 COWDEN, NELSON K 001760 4/2/2014 $ 0.09 00010344 CRONK, CHRISTINE APRIL 070499 9/8/2013 $ 0.86 A00027864 CROSBY, CURTIS CLINT 070445 8/9/2013 $ 0.09 A00055275 CRUMPTON, JAMEIKA R 070689 7/29/2013 $ 0.37 A00055499 CRUZ-MARTINEZ, LEIDIS LAURA 071767 12/13/2013 $ 6.50 00004745 CUNNINGHAM, JEAN PAUL 070480 8/31/2013 $ 0.10 A00025340 DANIELS, MICHAEL PAUL 001761 4/2/2014 $ 0.44 00013094 DAVIS, BRETT ALDEN 070632 7/19/2013 $ 5.26 A00042632 DAVIS, JOEL PATRICK 071195 10/28/2013 $ 0.44 A00223733 DAVIS, STANLEY MILES 001821 2/16/2014 $ 5.00 00010798 DE JESUS-BAZANTE, AURELIANO 001031 12/22/2013 $ 0.25 00005746 DEAL, VINCENT SALVATORIE 071719 11/11/2013 $ 0.23 A00056141 DELGADO, JUAN M 2391 6/10/2014 $ 7.50 00011592 DENNISTON, TROY DON 071646 11011512013 $ 4.68 A00054831 DEROWITSCH, ANDREA SKY 002813 6112/2014 $ 0.15 00016145 DEROWITSCH, ANDREA SKY $ 4.83 071152 10/3/2013 $ 1.77 A01892683 DEXTER, AARON WARREN 072019 11/8/2013 $ 5.37 A00056159 DIAZ, CESAR NICHOLAS DANIEL 071126 9/14/2013 $ 4.50 A00055791 DIAZ, PEDRO DAVID RAUL 002047 3/23/2014 $ 3.73 00013319 DILORENZO, DERICK STEVEN 002846 6/16/2014 $ 1.66 00019489 DOAN, ELIZABETH MARGARET 001503 1/31/2014 $ 1.76 00009554 DORSETT-FELICELLI, SARAH MARIE 001788 4/16/2014 $ 0.52 00000063 DRISKILL, VICTORIA JEAN 001706 2/12/2014 $ 0.05 00008588 DROMMER, ERIC MICHAEL 002347 5/20/2014 $ 0.36 00016572 DUBROVSKIY, VLADIMIR V 002798 6/8/2014 $ 2.19 00003304 DUERKSEN, JAMES NORMAN 071029 8/30/2013 $ 7.13 A00055700 DUKE, JESSIKA MICHELLE 001005 12/17/2013 $ 0.18 00001964 DULANEY, SONDRA JEAN 002583 5/19/2014 $ 19.50 00017756 DVORAK, DEREKANTONE 070903 8/14/2013 $ 1.23 A00021062 EDWARDS, IVAN LEO MATTHEW 070603 7115/2013 $ 0.53 00001974 EDWARDS, LAURA FAITH 002043 3/21/2014 $ 3.64 00001974 EDWARDS, LAURA FAITH $ 4.17 072077 11/15/2013 $ 1.65 A00056210 EDWARDS, WILLIAM BRUCE 071129 9/17/2013 $ 0.05 A00022041 EIDEMILLER, KELLY JAY 071118 9/13/2013 $ 4.02 IA00006223 ELLIOTT, CHARLES CHRISTIAN 001424 1/19/2014 $ 12.00 100008261 ESTVOLD, GUY GRANT Whatcom County Jail Inmate Trust Fund Unclaimed Inmate Release Checks July 2013 to June 2014 071641 10/15/2013 $ 1.17 A00042400 EVANSON, MICHAEL DONALD 071169 10/12/2013 $ 1.40 A00043103 EVERLAND, AUTUMN BRIANA CAITLI 071464 10/5/2013 $ 4.06 A01891816 FERNANDEZ, RAFAEL 071876 11/3/2013 $ 1.72 A00043452 FERNANDO, CHAYSE B 001158 2/1/2014 $ 0.15 00008986 FETSCH, GREGREY SCOT 002332 5/13/2014 $ 0.57 00010231 FINK CRIDER, DANIELLE CELESTE 070982 8/25/2013 $ 0.17 A01887545 FINKBONNER, BRIDGETT RAE 071119 9/13/2013 $ 0.37 A01887516 FINKBONNER, ISAAC ALLEN 001156 2/1/2014 $ 0.39 00007683 FLACK, ANDREW CLAYTON 071478 10/7/2013 $ 0.10 A00055960 FLADEBO, JEFFREY 002570 5/17/2014 $ 0.68 00000382 FLECK, ANTHONY GERARD 002123 415/.2014 $ 3.25 00000382 FLECK, ANTHONY GERARD $ 3.93 001916 3/2/2014 $ 0.94 00005806 FLOREK, TROY MICHAEL ROBERT 070876 8/11/2013 $ 0.32 A00006763 FLORES, JAVIER 001925 3/3/2014 $ 7.75 00012045 FOLLETT, HAYDEN RILEY 002362 5/26/2014 $ 0.17 00002086 FORSYTHE, MICHAEL ANTHONY 002144 4/8/2014 $ 2.39 00004968 FOX, CARMEN ESTELLE 002163 4/12/2014 $ 0.26 00004943 FOX, THERESA JACKIE 071648 10/16/2013 $ 1.12 A00041801 FRANK, ROBERT EUGENE GARRIS 071015 8/28/2013 $ 4.07 A00227251 FRANKS, SARA ANN 001805 2/14/2014 $ 0.24 00005228 FREDERICKS, DANNIELLE SKY 070857 8/8/2013 $ 0.86 A00055523 FRIERSON, DAEVA I 002317 5/5/2014 $ 0.45 00009073 FRIZZELL, RYAN WESTEN 2342 5/18/2014 $ 0.49 00003470 GABL, LINDSEY RAE 072254 12/13/2013 $ 1.43 00004874 GAMACHE, EMILY LOUISE 002914 6/23/2014 $ 0.25 00007124 GAMBLE, CHRISTOPHER AUSTIN 072012 11/6/2013 $ 0.20 A00225220 GANT, JACK BURNETTE 1149 1/29/2014 $ 0.26 00006349 GARCIA JR, ERNEST CLIFFORD 001012 12/19/2013 $ 10.28 00000403 GARCIA, JOSE ANGEL 001004 12/17/2013 $ 6.00 00004788 GEORGE, CODY ALEXANDER 072271 12/15/2013 $ 24.62 00005037 GILLETTE, ROBERT JOSEPH 071 `113 9/12/2013 $ 0.30 A00007664 GILMER, DANIEL JAMES 002331 5/11/2014 $ 0.22 00005925 GILMER, DANIEL JAMES $ 0.52 001764 4/2/2014 $ 0.15 00013840 GILMOUR, DEVAN JAMES 001496 1/31/2014 $ 50.06 00002935 GLAD, RYAN LARRY 071703 1111/2013 $ 2.94 A00224836 GOBBATO, JEREMY DOUGLAS 001189 3/4/2014 $ 0.32 00011847 GOBBATO, JEREMY DOUGLAS $ 3.26 002385 6/6/2014 $ 0.06 00013175 GODZIK, MATTHEW PHILLIP 070652 7/23/2013 $ 2.50 A00055460 GOELZ, WILLIAM T 071849 10/28/2013 $ 1.72 00002117 GOLDMAN, BRIAN CHARLES 002003 3/16/2014 $ 1.50 00013150 GOLKA, CHASE MICHAEL 002549 5/13/2014 $ 2.00 00017340 GOLUBJATNIKOV, DEREK SHAW 001127 1/15/2014 $ 1.32 00000430 GONZALEZ, NANCY 070815 8/3/2013 $ 0.25 A00055531 GOODE, JACOB AUSBURN 001417 1/19/2014 $ 0.75 00007214 GORVEATT, BENJAMIN RYAN 001471 1/27/2014 $ 2.00 00009131 GRAHAM, BRUCE MCCLURE 070427 7/27/2013 $ 0.34 A00222745 GREAVES, GARDNER OWEN 071869 11/1/2013 $ 11.50 A00056114 GREENWELL, RYAN MICHAEL 002934 6/30/2014 $ 0.07 00018506 GRIFFIN, CABAL MICAH 070866 8/10/2013 $ 1.27 A00039901 GRIGNON, DERRICK JOHN 071392 9/24/2013 $ 28.95 A00040176 GRUNDY, MIKE LOVEJOY 001704 2/8/2014 $ 0.07 00007987 GUADIANA, JOAQUIN RENE 001136 1/23/2014 $ 0.32 00007241 GUTIERREZ, JEREMY ARTHUR 001715 2/17/2014 $ 0.08 00006282 GWINNER, BODIE LOWELL 001785 4/16/2014 $ 0.07 00012497 HAGIN, JUSTIN ROY 071428 9/29/2013 $ 1.00 A00055908 HALL, KURT IRVING 071623 10/13/2013 $ 1.00 A00022319 HANSEN, ADAM RYAN 071406 9/25/2013 $ 0.50 A00055892 HAO, WEN 070517 7/2/2013 $ 1.24 A00022328 HARANG, ARNE LOU 070579 7/11/2013 $ 1.50 A00055400 HARRELL, LAUNI C 002348 5/21/2014 1 $ 3.85 100017609 HARRIS JR IV, JAMES 001770 4/8/2014 1 $ 0.06 100009436 1HARRIS, JOSEPH ALLEN 001908 2/28/2014 1 $ 2.31 100003377 IHARRISON, JUSTIN MICHAEL 10 Whatcom County Jail Inmate Trust Fund Unclaimed Inmate Release Checks July 2013 to June 2014 001585 2/11/2014 $ 0.41 00003377 HARRISON, JUSTIN MICHAEL $ 2.72 001797 4/21/2014 $ 3.20 00015278 FIASKIN JR, DONALD HOWARD DOB 3/4/64 070437 8/4/2013 $ 0.53 A00008656 HASKIN, DONALD HOWARD $ 3.73 DOB 3/4/64 001725 3/9/2014 $ 0.48 00012162 HASLIP, RYAN WILLIAM 002070 3/27/2014 $ 0.14 00008115 HAWK JR, GORDON LINN 071856 10/30/2013 $ 1.60 A00034417 HENDRICKS, STEVEN EARL 002085 3/30/2014 $ 8.51 00014088 HERNANDEZ, JAIME JOE 001707 2/12/2014 $ 0.11 00000086 HERRERA, DENI 071361 9/19/2013 $ 2.00 A00038560 HERRERA, ROGELIO 072274 12/15/2013 $ 5.50 00004938 HEWITT, BLAIR ALAN 001534 2/3/2014 $ 228.50 00009732 IHIATT, MARC STEPHEN 001106 12/23/2013 $ 0.04 00005344 HILLAIRE, MARCUS DALE 001334 1/6/2014 $ 0.52 00006737 HOFFMAN, SHEILA KAY 001910 3/1/2014 $ 170.94 00005823 HOLLEMAN, LISA DOREEN 001463 1/27/2014 $ 4.80 00004838 HOLTROP, TOBY GENE 002435 4/25/2014 $ 2.94 00016038 HORTMAN, EARL DANIEL 070425 7/26/2013 $ 2.25 A00043939 HOWARD, ANDREW JAMES 003010 6/28/2014 $ 0.06 00004851 HUFF, ANTOINE LASHAWN 002781 6/5/2014 $ 0.19 00006413 HULETT, TIMOTHY MICHAEL 070441 8/7/2013 $ 1.01 00001991 HUMPHREYS, TERRY ANN 002345 5/20/2014 $ 0.40 00001546 IBARRA JR, GABRIEL 002463 4/30/2014 $ 1.50 00000522 IBARRA, GERARDO 001799 4/22/2014 $ 1.16 00004010 INGRAM, BRANDON CARL 001905 2/28/2014 $ 4.50 00010986 IVIE, JAMES ALBERT 001832 2/18/2014 $ 19.50 00010986 IVIE, JAMES ALBERT $ 24.00 071162 10/10/2013 $ 0.59 A00034341 IVY, HEATH GARRETT 070426 7/27/2013 $ 0.77 A00040407 IIZHEVSKIY, DANIEL 001786 4/16/2014 $ 0.19 00015123 JAMES III, JOEL MARIO 070671 7/25/2013 $ 2.97 A00025480 JAMES, CHRISTINA ELIZABETH 001561 2/7/2014 $ 3.88 00008585 JAMES, ELLSWORTH ALEXANDER 002380 6/4/2014 $ 1.06 00018811 IJASSAL, JARRED SINGH 002561 5/15/2014 $ 1.01 00016143 JEFFERSON JR, WILLIAM DAVID 002319 5/6/2014 $ 0.33 00009553 JEFFERSON, DARIA MARY ROSE 002303 4/23/2014 $ 0.44 00005504 JEFFERSON, DELIA ROSE 001744 3/18/2014 $ 0.12 00007814 JEFFERSON, DILLON LEE 001733 3/12/2014 $ 0.34 00012487 JEFFERSON, JAMES CARLETON 001551 2/5/2014 $ 2.79 00007671 JEFFERSON, SANDRA ROSE 001154 1/30/2014 $ 0.26 00000932 JEFFERY, DEVEN JOSEPH 002384 6/6/2014 $ 0.11 00007432 JELLUM, AARON RUSSELL 071811 10/23/2013 $ 1.50 A00042701 JIMENEZ, TREVER RENE 071145 9/29/2013 $ 0.06 A00004502 JOHNNIE, RAPHAEL LEONARD 071352 9/18/2013 $ 12.26 A00223748 JOHNSON, AMANDA MARIE 072238 12/11/2013 $ 0.11 00004674 JOHNSON, ANGELA PATRIECE 072162 11/27/2013 $ 2.69 00002577 JOHNSON, CHERI 001150 1/29/2014 $ 0.73 00008317 JOHNSON, CLINT THOMAS 071154 10/5/2013 $ 0.06 A00030986 JOHNSON, LAURA LOUISE 001137 1/24/2014 $ 0.32 00007164 JOHNSON, SEAN DEWEY 070811 8/3/2013 $ 1.52 A00026082 JOHNSTON, CHRISTOPHER DAVID 070577 7/10/2013 $ 1.78 00000094 JOHNSTON, LISA RENA 071735 11118/2013 $ 0.16 00000094 JOHNSTON, LISA RENA $ 1.94 072134 11/24/2013 $ 9.00 00003043 JOHNSTON, STACEY MAHEALANI 071374 9/21/2013 $ 0.53 A00022578 JORDAN, DAVID WAYNE 072242 12/12/2013 $ 0.12 00001541 KAPTINSKI, MARCUS DAVID 072025 11/8/2013 $ O.1T A00017008 KAUFMAN, ADRIANE HOLLY 001894 2/28/2014 $ 4.95 00008595 KEEHN, SHELLEY DIANE 001852 2/20/2014 $ 27.65 00010085 KELLER, ROSALINDA VALERIE 001750 3/25/2014 $ 0.25 00011304 KELLEY, DESMOND LATREZ 071628 10/13/2013 $ 0.50 A00055659 KENNEDY, CHRISTOPHER J 070511 7/1/2013 $ 0.25 A00035812 KENNEDY, JADE MATHEW 070454 8/17/2013 $ 0.71 A00055142 KEOUGH, PATRICK ARNOLD 002779 6/5/2014 $ 1.50 00007469 KERZMAN, KAYLENE MAE 1768 4/6/2014 $ 0.09 00002718 IA00221782 IKIEFER JR, ALFRED JOHN 071863 10/31/2013 $ 1.35 I KING, BRADLEYALLEN 11 Whatcom County Jail Inmate Trust Fund Unclaimed Inmate Release Checks July 2013 to June 2014 001773 4/9/2014 $ 0.02 00000098 KINLEY, GERALD STANLEY 002478 5/3/2014 $ 0.66 00009825 KIRNER, SUZANNA KIM 002346 5/20/2014 $ 0.10 00002277 KLEMAN, CHRISTOPHER LEE 001731 3/1112014 $ 1.46 00002277 KLEMAN, CHRISTOPHER LEE 001107 12/23/2013 $ 0.28 00002277 KLEMAN, CHRISTOPHER LEE $ 1.84 070836 8/6/2013 $ 7.50 A00055541 KNAPP, MARCUS W 001003 12/17/2013 $ 6.50 00005208 KNUDSEN, KYLE RICHARD 001774 4/10/2014 $ 0.25 00012526 KOZERA-FRANKLIN, TANISHA 070684 7/28/2013 $ 0.50 A00054987 KRISHTAL, DENIS VYACHESLVOVICH 001557 2/7/2014 $ 0.75 00003809 LACLAIR, CHELSEY ROSE 001705 2/12/2014 $ 0.24 00006387 LAFONTAINE, GARY DUWAYNE 071123 9/14/2013 $ 0.04 A00025913 LAMB, MATTHEW DAVID 071347 9/18/2013 $ 0.06 A00036631 LAND, EMMA MAY 071177 10/18/2013 $ 4.56 A01888976 LAND, SEATON RAY 001769 4/8/2014 $ 0.15 00012933 LANE, PATRICK DANA 071659 10/17/2013 $ 5.50 A00055647 LANGE, COLTEN LEVI 001525 2/3/2014 $ 6.76 00009713 LAPOF, NICHOLAS JAMES 071062 9/3/2013 $ 0.60 A00227496 LARIVIERE, DENISE MICHELL 002066 3/26/2014 $ 1.50 00003668 LARSON, LINDSEY LU 002442 4/26/2014 $ 0.14 A00011574 LASTSTAR, AARON TROY 070474 8/28/2013 $ 0.31 A00030172 LAWRENCE, AMANDA LEE 001737 3/13/2014 $ 0.55 00012260 LAWRENCE, JULIAN ANTHONY 070534 7/3/2013 $ 2.50 A00055333 LEBEDEV, MARINAS 001068 12/28/2013 $ 10.50 00006194 LEE, BRANDON WALLACE 002094 3/31/2014 $ 2.50 00014096 LEE, JASON CODY 001015 12/20/2013 $ 1.13 00002019 LEMKE, DAVID MICAH 070412 7/18/2013 $ 0.06 A00224870 LIND, AAARON WADE 071713 11/6/2013 $ 0.52 A00224870 LIND, AARON WADE $ 0.58 001851 2/19/2014 $ 30.66 00006557 LINK, PATRICIA 070410 7/18/2013 $ 1.50 A00043983 LOHAFER, ANDREW THOMAS 002794 6/7/2014 $ 0.82 00018306 LOPEZ, JOAQUIN 070645 7/22/2013 $ 0.61 A00223342 LORDEN, JAMES COREY 001748 3/22/2014 $ 2.50 00013610 LUCIAN, JARED MATTHEW 002909 6/21/2014 $ 1.04 00008509 LUGO-RIVERA, JAN MICHAEL 072120 11/22/2013 $ 0.34 00002791 LUNDE, ZACKERY JAMES 071095 9/9/2013 $ 4.09 A00055770 LUNDEEN, HUNTER EDWIN 002760 6/2/2014 $ 1.27 00018564 MA, RACHEL SIU MAN 071681 10/20/2013 $ 0.13 A01892619 MACDONALD, GRAHAM LAMONT 002770 6/4/2014 $ 9.50 00018858 MACVITTIE, DAVID J 001712 2/15/2014 $ 0.81 00002589 MALTOS, DENISE ANGELA 071815 10/23/2013 $ 1.00 A00056038 MANN, WILLIAM JOSEPH 001713 2/16/2014 $ 0.40 00007187 MANZ, ALEXANDER STEPHEN 002867 6/20/2014 $ 13.84 00019332 MARISCAL JR, SERGIO 001175 2/20/2014 $ 4.94 00002213 MARSHALL, KANDICE JOY 070698 7/30/2013 $ 0.71 A00055479 MARSHALL, TIMOTHY ROBERT 071743 11/25/2013 $ 0.03 00000108 MARTIN JR, MICHAEL JOSEPH 071726 11/16/2013 $ 3.18 A00223863 MARTINES, FRANK ADAM 071854 10/29/2013 $ 2.49 A00056103 MARTINEZ-RAZON, JUAN 001589 2/12/2014 $ 0.27 00009420 MARTINSON, MARIA ELENA 002820 6/14/2014 $ 0.15 00000110 MAY, DEAN OLAF 001428 1/20/2014 $ 11.98 00008340 MCAFEE, LINSEY MARIE 071165 10/11/2013 $ 0.04 A01890608 MCALISTER, LESLIE MONIQUE 002701 5/21/2014 $ 0.54 00017885 MCCALLUM, TYNAN SHERIDAN 071702 11/1/2013 $ 0.63 A00055997 MCCLAY, KOREY STEPHEN 071724 11/15/2013 $ 0.08 A00056076 MCCLAY, SHAROD NILES 071318 9/13/2013 $ 2.12 A00038814 MCCLURE, TODD WILLIAM 002873 6/22/2014 $ 1.23 00019878 MCCORRISTON, JOAN PATRICIA 1177 2/23/2014 $ 0.33 00009928 MCCRAY, ANDREASE TERRELL 001412 1/17/2014 $ 14.50 00008084 MCDONALD, DOUGLAS RAY 071859 10/31/2013 $ 1.72 A00033517 MCDONALD, MICHAEL JEFFERY 002395 6/11/2014 1 $ 0.08 100018832 1 MCLEAN, WILFRED ALLEN 002526 5/10/2014 $ 1.26 100017158 1 MCPHEE, MEGAN KATHLEEN 001452 1/24/2014 1 $ 0.20 100004077 IMESSER, WILLIAM JOHN 12 Whatcom County Jail Inmate Trust Fund Unclaimed Inmate Release Checks July 2013 to June 2014 002314 5/3/2014 $ 0.58 00014333 MEYER, BRANDON KEITH 2916 6/23/2014 $ 1.46 00003715 MONDARES, NICHOLE CANDICE 001711 2/15/2014 $ 0.33 00003880 MONHOLLEN, BRANDON GEORGE 002711 5/23/2014 $ 0.50 00018070 MOOJELSKI, TIMOTHY BRIAN 001790 4/18/2014 $ 0.26 00014540 MOORE, TYLER LEE 001118 1/12/2014 $ 0.23 00000116 MORALES, ISAAC NOE 002366 5/28/2014 $ 0.66 00008564 MORA-MORALES, ALBER T O MANUEL 001767 4/4/2014 $ 0.09 00008564 MORA-MORALES, ALBERTO MANUEL $ 0.75 001351 1/9/2014 $ 0.10 00000724 MORRIS III, THOMAS JAMES 001795 4/18/2014 $ 0.28 00014242 MORRIS, CALEB MICHAEL 001115 1/10/2014 $ 0.63 00001600 MORTON, DANIEL JAMES 071640 10/15/2013 $ 2.50 A00037399 MOUNT, LEONA MAY 001701 2/7/2014 $ 0.37 00007965 MUDER, DEVAUN MICHELLE 072006 11/5/2013 $ 1.64 A00013905 MUNOZ, VINCENTE 71176 10/17/2013 $ 0.26 A00026152 MURRAY, MITCHELL DEAN 070515 7/2/2013 $ 8.00 A00055325 NAFICY, NAVEED ALI 072071 11/14/2013 $ 3.17 A00056202 NEBEL, JOHN DAVID 071304 9/11/2013 $ 1.50 A00055602 NGUYEN, MICHAEL HUU 071079 9/7/2013 $ 11.78 A00055753 NGUYEN, THIEN NGA 001166 2/6/2014 $ 0.72 00007227 NICKERSON-BARKER, RYAN JADE 070495 9/6/2013 $ 1.95 A00033809 NOBLE, MICHAEL DAVID 002088 3/31/2014 $ 0.50 00014181 OBI, ONYEKACHUKWU EMMANUEL 001575 2/10/2014 $ 20.00 00010196 OBRIEN, BRETT COLLIER 002912 6/22/2014 $ 3.98 00018680 ODELL, DAVID RYAN 069785 7/1/2013 $ 0.10 A00222845 OLSEN, JASON JEFFREY 001143 1/27/2014 $ 0.04 00005209 OLSON, SAMUEL WEBSTER 071764 12/12/2013 $ 1.67 00002790 OMAN, DANIEL FRED 002041 3/20/2014 $ 7.31 00000837 OREIRO, MARC CAGEY 070602 7/15/2013 $ 3.38 A01887777 OWEN, CLAYTON NEWELL 001040 12/23/2013 $ 17.48 00005742 PADILLA GONZALEZ, OCTAVIO 071707 11/4/2013 $ 0.27 A01890081 PAUMA, MARIO DUARTE 071186 10/23/2013 $ 0.49 A00041772 PALMER, JUSTIN DAIN 001766 4/3/2014 $ 0.18 00007961 PAPETTI, DIANE RENA 070557 7/7/2013 $ 92.68 A00055362 PARCELS, BRENT R 002130 4/6/2014 $ 70.50 00014645 PARK, ELIZABETH HYONHEE 072076 11/15/2013 $ 0.85 A00056211 PARK, JESSICA RENEE 002120 4/5/2014 $ 0.46 00008880 PARKER, GENE OLIVER 070405 7/16/2013 $ 0.06 A00225598 PARKER, JOSHUA KEVIN 001188 3/3/2014 $ 0.98 00011336 PARR, MICHAEL TROY 001331 1/6/2014 $ 0.47 00007068 PASCHAL, MARK WALLS 001523 2/3/2014 $ 0.32 00009703 PATCHING IV, JASPER JAMES 002329 5/11/2014 $ 0.46 00010347 PATEL, PRITHVI PRASHEEL 001860 2/21/2014 $ 1.81 00010347 PATEL, PRITHVI PRASHEEL $ 2.27 002008 3/17/2014 $ 0.58 00011869 PAULK, JUSTIN JAMES 072007 11/5/2013 $ 0.84 A00225976 PAYTON, HEATHER KRISTEN 002356 5/24/2014 $ 1.52 00016796 PERALEZ JR., RUDY ALLEN 072085 11/16/2013 $ 3.87 A00040253 PERKINS, JASMINE L 070612 7/16/2013 $ 1.30 A00018974 PERKINS, VIOLET GAIL 071120 9/13/2013 $ 4.40 A00011618 PERRIN, GREGORY RALPH LEE 072088 11/16/2013 $ 2.00 A00056221 PETERS, TAYLOR ANDREW 001088 12/31/2013 $ 1.75 00002895 PHAIR, GORDON SCOTT 072049 11/12/2013 $ 1.59 A00021281 PHAIR, SIDNEY CHARLES 002827 6/14/2014 $ 10.00 00007674 PHILLIP, DENISE MARIE 070524 7/2/2013 $ 2.90 A00223610 PHILLIPS, JOSEPH NEIL 071431 9/30/2013 $ 1.22 A00223610 PHILLIPS, JOSEPH NEIL $ 4.12 071706 11/2/2013 $ 0.12 A01888150 PIETROSKI, BRENT JOSEPH 071813 10/23/2013 $ 5.02 A00043425 PIGOTT, JAMORIE MIKALE 002510 5/8/2014 $ 1.56 00017009 PLASTER, CYNTHIA PAULA 070418 7/21/2013 $ 0.28 A00223195 PORTER, JASON JAMES 002360 5/26/2014 $ 1.54 00007109 POSTMA, CLIFTON RICHARD 071765 12/12/2013 1 $ 0.10 00002035 POTTER, GWENETH ANN 071171 10/14/2013 $ 0.29 IA00021048 POWELL, JESSE RICHARD CLAYTON 001461 1/26/2014 1 $ 17.58 100009080 IPROBERT, MICHAEL S 13 Whatcom County Jail Inmate Trust Fund Unclaimed Inmate Release Checks July 2013 to June 2014 001850 2/19/2014 $ 5.50 00011104 PUGH, ERIC DWAYNE 001796 4/20/2014 $ 0.77 00002204 PULLAR, DAMIAN BRUCE 070498 9/7/2013 $ 0.61 A00043289 QUEEN, STEPHENI LYNN 002318 5/6/2014 $ 0.34 00015520 RADISICH, THOMAS MICHAEL 002302 4/23/2014 $ 0.16 00007096 RAINS, CHRISTOPHER LEIGH 071896 11/5/2013 $ 0.42 A00056066 RAMEY, GARY JASON 001754 3/29/2014 $ 0.47 00003665 RAMIREZ, FERNANDO 001042 12/23/2013 $ 0.50 00005769 RAMOS-GUEL, RICARDO 071132 9/18/2013 $ 0.05 A00039435 REGAN, SHAWN DAVID 001083 12/30/2013 $ 0.61 00005630 REIGHTLEY, RICHARD TIMOTHY 002196 4/17/2014 $ 1.77 00008798 REMICK, JEROLD JAMES 002324 5/9/2014 $ 1.35 00015925 REYES JR, ANTHONY DEAN 072245 12/12/2013 $ 3.26 00002011 REYNOLDS, RYAN STEPHEN 069796 7/9/2013 $ 0.08 A00042141 RICHARDS, MISTY ANNE 002378 6/3/2014 $ 0.55 00015006 RICHMIRE, ALLEN ROBERT 070477 8/28/2013 $ 0.24 A00041786 ROCHA, JOHN JASON 070626 7/18/2013 $ 8.00 A00055440 RODRIGUEZ, ALMA DELIA 001404 1/16/2014 $ 3.28 00001003 RODRIGUEZ, FERNANDO 071074 9/6/2013 $ 6.56 A01891705 RODRIGUEZ, GABRIEL LYNN 001783 4/15/2014 $ 0.26 00000127 RODRIGUEZ, PEDRO 001186 3/1/2014 $ 0.11 00003708 RODRIGUEZ-MENDOZA, FERNANDO 1720 2/18/2014 $ 0.13 00003708 RODRIGUEZ-MENDOZA, FERNANDO $ 0.24 072284 12/16/2013 $ 0.74 00005122 ROSALES, PEDRO 001735 3/12/2014 $ 0.51 00006681 ROSE, MEGHAN JUDITH 071104 9/9/2013 $ 0.31 A00043603 ROUSE, JOLENE ASHLEY ANNA 1190 3/4/2014 $ 0.20 00001125 RUSSELL, AUBREY ANNE 071893 11/4/2013 $ 2.00 A00054719 RUZICKA, JASON MICHAEL 001702 2/7/2014 $ 0.57 00002214 SALAZAR, JOE ANGEL-YBARRA 002337 5/14/2014 $ 5.85 00002219 SALCEDO JR, JULIO CESAR 002350 5/22/2014 $ 0.32 00005661 SALGADO, SAMUEL 002905 6/18/2014 $ 0.34 00002348 SALHUS, KIRBY TODD 072098 11/18/2013 $ 8.50 00002047 SANTO, MARCO ANTONIO 001355 1/9/2014 $ 0.30 00001563 SAUNDERS, CORBIN ODAY 070833 8/6/2013 $ 1.85 A00221888 SCARBOROUGH, KIMBERLY DOROTHY 002460 4/30/2014 $ 0.50 00000128 SCARBOROUGH, KYLE JAMES 001451 1/2412014 $ 0.07 00000128 SCARBOROUGH, KYLE JAMES $ 0.57 070870 8/11/2013 $ 1.50 A00055584 SCHERMERHORN, WILLIAM DALE 002767 6/3/2014 $ 0.12 00017616 SCHOLDER, TROY ANDREW 002390 6/10/2014 $ 0.11 00011875 SCOTT, JOHN WEN -DELL 070910 8/16/2013 $ 0.50 A00041102 SCOTT, KELSEY MAE 071860 10/31/2013 $ 2.50 A00042075 SCOTT, RANDOLPH ALEXANDER 001049 12/24/2013 $ 8.23 00005858 SELSER, CHRISTOPHER MICHAEL 070408 7/18/2013 $ 0.47 A00039361 SEMAR, DENISE DAWN 070400 7/12/2013 $ 2.50 A00055404 SENTINELLA, NICHOLAS J 01726 3/10/2014 $ 0.06 00002777 SEVERSON, DUSTIN TAYLOR 001734 3/12/2014 $ 0.25 00004192 SHOCKEY, JESSICA AIYANA 002309 4/28/2014 $ 0.55 00012978 SHOCKEY, STEPHANIE MARIE 071182 10/22/2013 $ 0.23 A01891395 SHTATNIK, MYKOLA RADION 1141 1/25/2014 $ 0.53 00006782 SIMMONS, MARK ARRON 002834 6/15/2014 $ 1.00 00019404 SKINNER, PATRICIA ANN 070476 8/28/2013 $ 0.22 00000134 SMITH, DANA WARREN 002487 5/4/2014 $ 9.09 00004650 SMITH, STEVEN DAMON 070664 7/25/2013 $ 1.05 A00055470 SODERLIND, WILLIAM PAUL 001717 2/18/2014 $ 0.24 00008398 SOLOMON JR, RICHARD JOEL 071102 9/9/2013 $ 0.18 00001761 SOLOMON, COURTNEY ALLYCE 070402 7/15/2013 $ 0.03 A00024248 SOLOMON, KARLA NADINE-ANN 002122 4/5/2014 $ 0.50 00014584 SORIERO, VINCENT GIOVANNI 001806 2/14/2014 $ 1.51 00010599 SOUTHWORTH, EDEN TAYLOR 071412 9/26/2013 $ 5.68 A00044084 SPAIN, GEOFF KYLE 002915 6/23/2014 $ 2.24 00003641 SPANE, MICHAEL EUGENE 002811 6/12/2 1 $ 0.13 00015179 SPEEDIS, MONTE ELDER 001732 3/12/2014 1 $ 0.01 00006038 11STACEY, DARRELL R 070575 7/10/2013 1 $ 1.49 IA00055393 ISTAHL, MISTY JANICE 14 Whatcom County Jail Inmate Trust Fund Unclaimed Inmate Release Checks July 2013 to June 2014 002185 4/16/2014 $ 1.56 00015441 STALLINGS, SHEILA MARIE 002338 5/14/2014 $ 0.39 00005712 STANDEFER, JUSTIN MICHAEL 002042 3/21/2014 $ 9.50 00009165 STEINBACH, ERIC G 071197 10/29/2013 $ 0.31 A00043491 STERK, LORRAINE K 001314 1/3/2014 $ 0.54 00006755 STIEHL, JASON JOHN 070643 7/22/2013 $ 5.00 A00055458 STILES, KART ANNA 071364 9/20/2013 $ 4.34 A00043719 STODDARD, VICTORIA LANAE 002908 6/20/2014 $ 0.52 00002350 STONE, AIMEE LYNN 002013 3/17/2014 $ 2.36 00013060 STRAATHOF, DESIREE NICOLE 001758 3/31/2014 $ 0.07 00002279 STRANGE, TOMMIE ROBERT 071159 10/9/2013 $ 0.13 A00016402 ISULKANUM, KALVIN JOE 071766 12/13/2013 $ 2.25 00003988 ISULLIVAN, BRIAN PATRICK 070929 8/19/2013 $ 0.50 A01887157 ISWAN, JAMES MITCHELL 069789 7/2/2013 $ 0.33 A00037375 ITABER, DYLAN TRUMAN 002812 6/12/2014 $ 0.50 00001234 ITABOR, TIMOTHY EDWARD 001587 2/11/2014 $ 50.90 00010303 ITAEUBER, RETO PETER 072047 11/11/2013 $ 3.88 A00023542 ITARTER, DAVID LEE 001721 3/7/2014 $ 0.37 00004835 TERNAN, CODY ANDERSON 071634 10/14/2013 $ 16.86 A00056002 THOMAS, PEYTON SHANE 070971 8/25/2013 $ 21.89 A00037761 THOMPSON, SHEENA RENEE 071699 10/22/2013 $ 34.87 A00037761 THOMPSON, SHEENA RENEE $ 56.76 071753 12/5/2013 $ 0.28 00000143 THORSEN, JEFFRY WESTON 002857 6/18/2014 $ 0.76 00014376 ITIEFENBACK, JEREMIAH ROBERT 002189 4/16/2014 $ 4.50 00015369 ITOMETCZAK, CHRISTOPHER STANLEY 001413 1/18/2014 $ 3.50 00007988 ITOWKSJHEA, ANTHONY GEORGE 072024 11/8/2013 $ 4.34 A00056167 ITROSKE, KEITH A 070561 7/8/2013 $ 0.89 00001725 TRUJILLO, THOMAS GARCIA 070482 9/2/2013 $ 0.51 A00043038 ULAM, BRANDON K 071057 9/3/2013 $ 1.27 A00055725 VAN, SHANE J 002359 5/26/2014 $ 0.14 00008552 VANBEEK, JEFFEEY ALAN 002432 4/24/2014 $ 2.50 00015972 VANDERYACHT, WADE THOMAS 002059 3/24/2014 $ 1.00 00013617 VANKIRK, MARCUS ANDREW 001798 4121/2014 $ 0.27 00002118 VARGAS, KENNETH ANTHONY 001723 317/2014 $ 0.24 00002118 VARGAS, KENNETH ANTHONY 1113 117/2014 $ 0.26 00002118 VARGAS, KENNETH ANTHONY $ 0.77 071721 11/13/2013 $ 0.12 A01892551 VELASCO, ALFONSO 002431 4/23/2014 $ 2.72 00015907 VILLALOBOS, ROSA ANGELA 002300 4/22/2014 $ 0.30 00001277 VILLANUEVA JR, ALBERTO JR 002363 5/27/2014 $ 4.77 00003407 VILLARREAL, FELIPE 071127 9/17/2013 $ 0.03 A00055777 VINCENT, RICHARD T 002367 5/29/2014 $ 0.35 00001787 VOTION, JOEL 002898 6/27/2014 $ 0.56 00011155 WARD, MARVIN DWIGHT 070583 7/12/2013 $ 13.79 A00024331 WARREN, JOSEPH WILLIAM 071773 12/17/2013 $ 0.22 00003083 WASHINGTON, DANIEL R 001458 1/25/2014 $ 1.66 00003848 WASISCO, LAWRENCE MICHAEL 071838 10/27/2013 $ 4.50 A00056097 WATSON, ELIJAH DREW 070665 7/25/2013 $ 8.81 A01890602 WATSON, TRAVIS CHARLES 002902 6/17/2014 $ 0.40 00018326 WHITE, ALLEN MICAH 001159 2/3/2014 $ 0.11 00007112 WHITE, KRIS ALLEN 002551 5/13/2014 $ 1.30 00016543 WHITMAN, EDWARD THOMAS 001794 4/18/2014 $ 0.01 00011739 WIEDEL, CHARLES THOMAS 002392 6/11/2014 $ 0.16 00017610 WILLEY-DORMAN, RICHARD JEFFERY 072241 12/11/2013 $ 1.00 00004751 WILLIAMS, DEAN ALEXANDER 071384 9/22/2013 $ 1.50 A00055875 WILLIAMS, HEATHER B 1162 2/3/2014 $ 0.11 00007095 WILLIAMS, JOHN JEREMY 002819 6/13/2014 $ 0.91 00019402 WILLIAMS, MICHAEL EVAN 001400 1/16/2014 $ 0.08 00002775 WILLIAMS, MICHAEL ROBERT 069797 7/9/2013 $ 0.35 A00036860 WILLIAMS, OWEN ALLYN 001742 3/15/2014 $ 0.12 00003881 WILLIAMSON, CHANCE COLLINS 002152 4/9/2014 $ 0.46 00006602 WILSON, MALERIE MAE 001261 1/15/2014 $ 0.60 100004061 IWILSON, RICHARD JAMES 070453 8/14/2013 $ 11.44 IA01890052 IWILSON, SCOTT RANDALL 001097 1/1/2014 $ 0.50 100006570 WOLCOTT, DYLAN RICHARD WAYNE 15 Whatcom County Jail Inmate Trust Fund Unclaimed Inmate Release Checks July 2013 to June 2014 001112 1/7/2014 $ 0.23 00003203 WOODELL, JUDD MONROE 002327 5/9/2014 $ 0.07 00013611 WOODS, JERRED ERHORN 071115 9/12/2013 $ 0.32 A00038907 WORLEY, JORDAN THOMAS 002780 6/5/2014 $ 0.82 00005156 YOUNG, JAY ANDREW 001409 1/17/2014 $ 0.22 00007863 YOUNG, SHALEEN MELINDA 071800 10/22/2013 1 $ 3.54 A00040766 ZAVALA, ANTHONY JOHN RYAN 069788 7/2/2013 $ 0.40 IA00042415 IZERBY, RACHAEL LYNN 002550 5/13/2014 $ 4.01 100015455 IZIEGLER, MIRANDA GAEL $ 2,037.80 Total of all Checks 16 LS) \ m �7k04 L ® /$%\ o = m C) 2 $ C')amo8 /§4, /5 \ E / 2 ## k/ \ CO CO c# q /CO % $ � d u // :LlU- / \Co /m CD k / @ k � s r- m # ■ § 2 � § § « c p El k § C � 2 d k / \ % k k k % � Cl) / 7.9 § 6 $ k � k � f / �O @ E % cc § o £ 7 CL E / 0 cn § �f) $ �CU2 E $ \ o CD / k j 2 / Q k R 2 . _j % F ■ a) 2 S) _ m2� /_2) /k k � � 17 ri�ir A mnnr,r nnrTnrmv r+n r7A7nT/ A/_"Ti'A711 A R77 r NO- 2016-297 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator. twl2 09.20.16 R I0.11.16 Finance/Council Division Head: Dept. Head: COUNCIL Prosecutor: Purchasin /Bud et: Executive: TITLE OF DO ME Reso n to approve 2017 Convention Center funding recommendations of the Lodging Tax Advisory Committee ATTACHMENTS: Resolution to approve 2017 funding recommendations made by the Lodging Tax Advisory Committee. SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you mustprovide the language for use in the requiredpublic notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Executive Louws requests your consideration and approval of the 2017 funding recommendations made by the Lodging Tax Advisory Committee at their public meeting held on September 19, 2016. COMMITTEE ACTION. COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatconr.wa.us/council. ff.*] PROPOSED BY: Executive INTRODUCTION DATE: October 11, 2016 RESOLUTION NO. A RESOLUTION OF THE WHATCOM COUNTY COUNCIL APPROVING THE 2017 RECOMMENDED CONVENTION CENTER ALLOCATIONS FOR TOURISM RELATED FACILITIES AND ACTIVITIES AS DEFINED THORUGH RCW 67.28.1816 WHEREAS on September 19, 2016, the Whatcom County Lodging Tax Advisory Committee (LTAC) held a public meeting to review 2016 funding applications for use of Convention Center Funds; and WHEREAS, of the twenty applications submitted, the LTAC recommends a total of sixteen for funding in the amount of $628,000 and further detailed in attachment A; and WHEREAS, the LTAC recommends a 5% contingency in the amount of $31,400 to be used in the event applicants seek funding for tourism programs later in the year; and WHEREAS, the LTAC recommends a one-time capital commitment in the amount of $100,000 to be reserved for future allocation to the Mt. Baker Foothills Chamber when the Chamber has secured funding for the Welcome Center Project; and WHEREAS, the 2017 funding recommendations were determined based on the ability to promote and serve tourism activities in Whatcom County as defined in RCW 67.28; and WHEREAS, all funding recipients must submit a report to the County describing the actual number of people traveling for business or pleasure on a trip as well as describing the results of the event of activity sponsored by the Convention Center Fund; and WHEREAS, the 2017 Convention Center Fund revenue projection is $625,000 and the 2017 fund balance is projected to be $1,156,737; and W NOW, THEREFORE, BE IT RESOLVED, that the Whatcom County Council hereby authorizes the County Administration to allocate $659,400 from the Lodging Tax Fund for the purposes of tourism related activities as recommended by the Lodging Tax Advisory Committee and detailed in attachment A. APPROVED this day of ATTEST: Dana Brown -Davis, Council Clerk APPROVED as to form: a Daniel L. Gibson Chief Civil Deputy Prosecutor 2016. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair N11 Z M LL n w N H o O � Z w Z H n O LL _ o �O w W H Z W w= U O Z w O � H Z w Z O U o ro m (D 0 O V a w OZ M� LO N � Q m O 3 + N N 0 c, w ? CVO 6699 z o O m 0 m ti 3 % N O 0 o,� o a m m o °i a U E o E O N p h M O y U a c c� U c co � � Q � as° y u a ism a, m a�i o m O I° Q a te) 0 _U o ni a U o .o M Co � o � � � m 2 � � � (ADo co "� r. Q m ) m a a a) a) ° o aOi m o c°', ° c o o m W o c C CZ `- a N O N cq O N U G — O 0 0 0 0 0 0 0 0 O O O O 0 0 O O O O O O O O 0 O c1.0e}OOOO OOOO O GO, OO OOOEf}O CD000 O OIQ(=OC LpOOO O OO OOO bOO' 'Ili tl' O .0 m �69fV LO r- 0� �6MF> LO O��N O 0) 000 O 69- Cl)69O (Y) LO .fai : (f3 63 N 6r> 63 69 c-: 694 6M1� 60, 60- c0 6S co. r C 64 69, ter 69- 69. 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Q N O 7 O co O r 00 r N LO U) m ca M O O (fi - C C E r (n W OU OU ON N 0 O M U CDr r C OZ CDC) N - (0 r O N O r 22 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016-298 CLEARANCES Initial Date Date Received in Council Office A enda Date Assi ned to: Originator: v I\ + V `� (� E \-f1 -' 7 10-11-2016 Finance/Council Division Head: �� `17 -16' Dept. Head: Ph, ` 3 ?- q -I - A-COM COUNTY � �rZ �� Prosecutor: ( " g COUNCIL Purchasing/Budget: Executive: TITLE OF DOCUME Coope ative Agreement between the Commodity Credit Corporation and Whatcom County for the Agricultural Conservatio Easement Program ATTACHMENTS: Memo, Information Sheet, Agreement, Terms and Conditions, Minimum Deed Terms, Specifications and Scope of Work for Appraisals SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing ? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The Natural Resource Conservation Service (MRCS) is offering Whatcom County 50% cost share for the purchase of four Purchase of Development Rights (PDR) easements through their Agricultural Conservation Easement Program (ACEP) grant. The four easements will be placed on the Grubbs property, the Williams 1 property, the Cougar Creek Ranch property, and the Matheson property. The ACEP grant works on a reimbursement system. The County will pay the full amount of the easement from Conservation Futures Fund, and then the fund will be reimbursed a few weeks after closing for 50% of the purchase price. Council reviewed PDR applicant properties at their 08/09/2016 meeting and approved Resolution 2016-245 which authorized the PDR program administrator to proceed towards purchasing easements on 6 properties, and acquiring appraisals and title services on 4 other properties. The four properties that this agreement applies to were among those confirmed by Resolution 2016-245 Approving this grant agreement will authorize the Executive to sign the agreement. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. 23 WHATCOM COUNTY Planning and Development Services 5280 Northwest Drive Bellingham, WA 98226 TO: FROM: RE: DATE: I►lt Eel T_1I,IBlIFIN Jack Louws, County Executive Mark Personius, Assistant Manager, PDS.y Karin Beringer, Planner I, PDS J.E. "Sam" Ryan Director PCII a E to 11" 4 V ` C. JAI Cooperative Agreement for Purchase of Agricultural Land Easements 09/22/2016 Enclosed are two (2) originals of the contract between The Commodity Credit Corporation and Whatcom County for your review and signature. Background and Purpose The Natural Resource Conservation Service (NRCS) is offering Whatcom County 50% cost share for the purchase of four Purchase of Development Rights (PDR) easements through their Agricultural Conservation Easement Program (ACEP) grant. The four easements will be placed on the Grubbs property, the Williams 1 property, the Cougar Creek Ranch property, and the Matheson property. The ACEP grant works on a reimbursement system. The County will pay the full amount of the easement from Conservation Futures Fund, and then the fund will be reimbursed a few weeks after closing for 50% of the purchase price. ® Funding Amount and Source The grant provides $543,020.00 to be used as match funding on the four properties listed above. Please contact Karin Beringer at extension 5956 if you have any questions or concerns regarding the terms of this agreement. 24 WHATCOM COUNTY CONTRACT Whatcom County Contract No. INFORMATION SHEET Originating Department: Planning & Development Services Program/Project: (i.e. Dept. Division and Project) Purchase of Development Rights Program Contract or Grant Administrator: Karin Beringer Contractor's / Agency Name: The Commodity Credit Corporation Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ❑ No Yes ® No ❑ If Amendment or Renewal, (per WCC 3.08.100 (a)) Original Contract #: Does contract require Council Approval? Yes ® No ❑ If No, include WCC: (see Whatcom County Codes 3.06.010, 3.08.090 and 3.08.100) Is this a grant agreement? 5405461601H Yes ® No ❑ If yes, grantor agency contract number(s): MP CFDA#: 10.931 Is this contract grant funded? Yes ® No ❑ If yes, Whatcom County grant contract number(s): Is this contract the result of a RFP or Bid process? Contract Yes ❑ No ® If yes, RFP and Bid number(s): Cost Center: Is this agreement excluded from E-Verify? No ❑ Yes ® If no, include Attachment D Contractor Declaration form. If YES, indicate exclusion(s) below: ❑ Professional services agreement for certified/licensed professional. ❑ Contract work is for less than $100,000. ❑ Contract for Commercial off the shelf items (COTS). ❑ Contract work is for less than 120 days. ❑ Work related subcontract less than $25,000. ❑ Interlocal Agreement (between Governments). ❑ Public Works - Local Agency/Federally Funded FHWA. Contract Amount:(sum of original contract amount and any Contracts that require Council Approval (incl. agenda bill & memo) prior amendments): • Professional Services Agreement above $20,000. $ $543,020 • Bid is more than $50,000. This Amendment Amount: • Professional Service Contract Amendments that have an $ increase greater than $20,000 and other contracts with a cumulative increase greater than $50,000. Total Amended Amount: $ RENEWALS: Council approval is not required when exercising an option to renew that is provided in the original contract. Summary of Scope: The Natural Resource Conservation Service (NRCS) is offering Whatcom County 50% cost share for the purchase of four Purchase of Development Rights (PDR) easements through their Agricultural Conservation Easement Program (ACEP) grant. The four easements will be placed on the Grubbs property, the Williams 1 property, the Cougar Creek Ranch property, and the Matheson property. The ACEP grant works on a reimbursement system. The County will pay the full amount of the easement from Conservation Futures Fund, and then the fund will be reimbursed a few weeks after closing for 50% of the purchase price. Term of Contract: Expiration Date: 08/31/2020 Contract Routing: 1. Prepared by: 2. Attorney signoff: , 3. AS Finance reviewed: 4. IT reviewed (if IT related): 5. Contractor signed: 6. Submitted to Exec.:= 7. Council approved (if necessary): 8. Executive signed: 9. Original to Council: Date: Date: Date: Date: Date: Date: Date: Date: Date: 25 U.S. Department of Agriculture Natural Resources Conservation Service NRCS-ADS-093 7/2012 NOTICE OF GRANT AND AGREEMENT AWARD 1. Award Identifying Number 2. Amendment No. 3. Award/Project Period 4. Type of Award Instrument 68-0546-16-507 NA Final signature - 8/31/19 Cooperative 5. Agency: Natural Resources Conservation Service (NRCS) 6. Recipient Organization: (Name and Address) (Name and Address) Whatcom County NRCS - Washington 5280 Northwest Dr., Bellingham, WA 98226 316 W. Boone Ave., Suite 450 DUNS: EIN: Spokane, WA 99201-2348 060044641 91-6001383 7. NRCS Program Contact: 8. NRCS Administrative Contact: 9. Recipient Program Contact: 10. Recipient Admin Contact: David Kreft Kristee Hall Karin Beringer Karin Beringer david.kreft@wa.usda.gov kristee.hall@wde.usda.gov kberinger@co.whatcom.wa.us kberinger@co.whatcom.wa.us 11. CFDA Number 12. Authority 13. Type of Action 14. Project Director 10.931 Section 2301 of the Agricultural Act of i. New Agreement 15. Project Title/Description: I ACEP-ALE NEST#5505461601 HMP 16. Entity Type: Profit _Nonprofit _Higher Education _Federal State/Local _Indian/Native American Other 17. Select Funding Type: V Federal Non -Federal Original Funds Total: $ 543,020.00 $ 543,020.00 Additional Funds Total: Grand Total. $ 543,020.00 $ 543,020.00 19. APPROVED BUDGET 18. Accounting and Appropriation Data Financial Code Amount Fiscal Year Treasury Symbol NR.SI.ACEA.53.0000.16 XXF � 543,020.00 2016 112X1004 Personnel $ Fringe Benefits $ Travel $ Equipment $ Supplies $ Contractual $ Construction $ Other $ 543,020.00 Total Direct Cost\ $ 543,020.00 Total Indirect Cost $ Total Non -Federal Funds $ 543,020.00 Total Federal Funds Awarded $ 543,020.00 Total Approved Budget $ 1,086,040.00 This agreement is subject to applicable USDA NRCS statutory provisions and Financial Assistance Regulations. In accepting this award or amendment and any payments made pursuant thereto, the undersigned represents that he or she is duly authorized to act on behalf of the awardee organization, agrees that the award is subject to the applicable provisions of this agreement (and all attachments), and agrees that acceptance of any payments constitutes an agreement by the payee that the amounts, if any found by NRCS to have been overpaid, will be refunded or credited in full to NRCS. Page l N1 U.S. Department of Agriculture Natural Resources Conservation Service NRCS-ADS-093 7/2012 (continuation) NOTICE OF GRANT AND AGREEMENT AWARD Award Identifying Number 68-0546-16-507 Amendment No. NA Award/Project Period Final signature - 8/31/19 Type of Award Instrument Cooperative Name and Title of Authorized Government Representative Signature Date Roylene Rides at the Door, State Conservationist Name and Title of Authorized Recipient Representative Signature Date Jack Louws, Whatcom County Executive NONDISCRIMINATION STATEMENT The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW., Washington, DC 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer. PRIVACY ACT STATEMENT The above statements are made in accordance with the Privacy Act of 1974 (5 U.S.C. Section 522a). Page 2 27 for the AGRICULTURAL CONSERVATION EASEMENT PROGRAM This Cooperative Agreement is entered into by and between the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS), on behalf of the Commodity Credit Corporation (CCC), and WHATCOM COUNTY (hereinafter whether singular or plural ENTITY) for the purchase of agricultural land easements (ALE) under the Agricultural Conservation Easement Program (ACEP). The CCC will utilize the expertise and services of NRCS to perform its duties identified in this Cooperative Agreement. The term "Parties" as used herein refers collectively to NRCS and the ENTITY. I. AUTHORITY NRCS enters this Cooperative Agreement under the authorities of the Commodity Credit Corporation Charter Act, 15 U.S.C. Section 714 et seq., the Agricultural Conservation Easement Program, subtitle H of title XII of the Food Security Act of 1985, 16 U.S.C. Section 3865 et seq., and the Federal Grant and Cooperative Agreement Act of 1977, 31 U.S.C. Section 6304 et seq. This Cooperative Agreement will be administered in accordance with the policies and procedures set forth in the ACEP regulation (7 CFR Part 1468) and uniform regulation for grants and agreements in 2 CFR Parts 25, 170, 200 and 400. WHATCOM COUNTY enters this Cooperative Agreement under the authorities of RCW 64.04.130, RCW 84.34.230 and Whatcom County Ordinance No. 2002-054. II. PURPOSE This Cooperative Agreement stipulates the terms and conditions under which NRCS will provide ACEP cost -share assistance to the ENTITY. The ENTITY has signed the Notice of Grant and Agreement Award acknowledging that the award is subject to the terms and conditions of this Cooperative Agreement and all applicable laws, regulations, and policy. THEREFORE, the Parties agree to enter into this Cooperative Agreement to purchase agricultural land easements from eligible landowners (Grantors) to protect the agricultural use, future viability, and related conservation values of eligible land by limiting nonagricultural uses of that land or to protect grazing uses and related conservation values by restoring and conserving eligible land. The Parties have identified these eligible lands on attachments to this Cooperative Agreement as Parcels, herein referred to collectively as "Parcels" or individually as "Parcel." III.OBLIGATION OF FUNDS A. Upon execution of this Cooperative Agreement, NRCS will make cost -share assistance available up to the amount specified on the Notice of Grant and Agreement Award for the acquisition by the ENTITY of agricultural land easements on the Parcels listed on attachments to this Cooperative Agreement. To receive this cost -share, the ENTITY must close the agricultural land easements and request payment of the NRCS cost -share in accordance with section VII of this Cooperative Agreement. B. NRCS may make additional cost -share assistance available in future fiscal years through the execution of mutually acceptable amendments to this Cooperative Agreement that identify the additional cost -share assistance amount, the additional funded Parcels, and the terms and conditions NRCS Representative Initial Ezr Representative Initial Award Identifying Number: NEST Agreement Number: 5405461601 HMP_ of the funding if different from the terms and conditions identified herein, as provided in section IX.D. C. Upon mutual agreement of the Parties and execution of an amendment, as provided in section IX.D, NRCS may allow substitution of Parcels at any time, provided the Parcels are of comparable conservation value as determined by the NRCS. D. This Cooperative Agreement will be for a term of 3 years and not to exceed 5 years. The ENTITY must meet each performance schedule deadline in table 1 unless the ENTITY requests and NRCS grants an extension in writing prior to the original deadline. The performance schedule deadlines for an individual attachment may be extended for one consecutive 12-month period, as provided in section IX.B. Should the ENTITY not meet the performance schedule deadlines, NRCS may release any remaining funds from this Cooperative Agreement. Table 1 — Performance Schedule FY of Fund Obligation (Attachment) Attachment Listing Parcels Closing Deadline Payment Request Deadline Attachment Expiration Deadline 2016 A March 31, 2018 July 31, 2018 August 31, 2018 2017 B March 31, 2019 July 31, 2019 August 31, 2019 2018 C March 31, 2020 July 31, 2020 August 31, 2020 E. Requests for an extension to the attachment expiration deadline must be submitted by the ENTITY to NRCS 30 days in advance of the attachment expiration date. F. Nothing in this document obligates NRCS or the ENTITY to purchase all or any of the agricultural land easement Parcels listed in the attachments. IV. FEDERAL SHARE Based on a determination by NRCS that the ENTITY has satisfied the terms and conditions of this agreement, NRCS will pay the ENTITY a cost -share amount for the purchase of each agricultural land easement acquired by the ENTITY. The Federal share will not exceed 50 percent of the fair market value of the agricultural land easement as determined using one of the methods set forth in 7 CFR § 1468.24. V. COOPERATING ENTITY'S CONTRIBUTION A. The ENTITY will contribute an amount for the easement purchase at least equivalent to the Federal share. The ENTITY may include as part of its contribution a charitable donation or qualified conservation contribution (as defined by section 170(h) of the Internal Revenue Code of 1986) from the eligible landowner if the ENTITY contributes its own cash resources in an amount that is at least 50 percent of the amount contributed by NRCS. If the NRCS State Conservationist has waived a portion of the ENTITY cash contribution requirement for individual projects of special significance, the Parcels receiving the waiver will be identified in the attachment and the ENTITY will provide a copy of the approved waiver at the time payment is requested. The ENTITY's reduced contribution of its own cash resources for projects of special significance will be in an amount at least [SELECT ONE: 25 or 10] percent of the Federal share. B. The ENTITY must self -certify on NRCS Form 230, "Confirmation of Matching Funds" (exhibit 4), that the ENTITY's contribution of its own cash resources has not come from additional donations, payments, loans or fees made by or charged to the Grantor of the agricultural land easement, immediate family members, or organizations controlled by or funded by the Grantor, either through 2 NRCS Representative Initial Entity Representative Initial 29 Award Identifying Number: NEST Agreement Number: _5405461601HMP_ formal or informal agreements. The ENTITY must provide a completed NRCS Form 230 to NRCS for a Parcel prior to the closing or an advance of funds for that Parcel. VI. PAYMENTS A. The ENTITY must meet the terms and conditions set forth in this agreement and provide NRCS with the items identified in this section and section VII in order to receive the Federal share for a Parcel. B. The ENTITY may request payment of the Federal share as reimbursement after closing or as an advance payment prior to closing of an agricultural land easement on a Parcel. C. To obtain reimbursement or an advance payment of the Federal share, the ENTITY will submit the Form SF-270 (Request for Advance/Reimbursement of Funds (exhibit 5)), the SF-270 supplement for noncertified eligible entities (exhibit 6), and the information and documentation required by the supplement to the NRCS contact named on the Notice of Grant and Agreement Award. The ENTITY may submit the SF-270 payment request package: 1. 60 days prior to the planned closing date when a payment is to be issued at closing (advance payment); 2. After the agricultural land easement has been recorded and the landowners have been paid (reimbursement); or 3. On a quarterly basis for each quarter that agricultural land easements have been recorded and the landowners have been paid (reimbursement). C. ENTITY will maintain current registration in the Dun and Bradstreet Data Universal Numbering System (DUNS) and meet the System for Award Management (SAM) registration requirements or successor registry for the duration of this Cooperative Agreement. D. NRCS will disburse payment following receipt of a fully complete and correct SF-270 payment request package from the ENTITY within 30 days if the Federal share for the individual easement is less than $250,000 and within 60 days if the Federal share for the individual easement is $250,000 or greater. E. If NRCS provides an advance payment the ENTITY will obtain a receipt for the Federal funds from the closing agent and provide it to NRCS prior to closing. The ENTITY will ensure the closing agent does not hold the Federal funds in escrow for more than 30 calendar days. If closing does not occur within 30 calendar days of advance payment, the ENTITY will ensure the Federal funds and any interest earned on those funds while in escrow are returned to NRCS by the 31st calendar day. The ENTITY must ensure that the Federal funds are fully insured while held in escrow. VII. RESPONSIBILITIES A. ENTITY Responsibilities: 1. ENTITY will purchase agricultural land easements on eligible land from eligible landowners for the Parcels identified on the attachments to this Cooperative Agreement consistent with the requirements identified in this Agreement. ACEP agricultural land easements are conservation easements conveyed for the purpose of protecting natural resources and the agricultural nature of the land and permit the landowner the right to continue agricultural production and related uses subject to an agricultural land easement plan, as specified in in this part. 2. ENTITY will ensure that agricultural land easements acquired with funds made available under this Cooperative Agreement and that the deeds satisfy the following requirements: a. Contain the "Minimum Terms for the Protection of Agricultural Use", attached to this Cooperative Agreement as exhibit 7 (ALE Minimum Deed Terms). The ENTITY is authorized to use its own terms and conditions in the agricultural land easements so long as the ENTITY's additional language does not alter or defeat the intent, purpose or effective enforcement by the Parties of the ALE minimum deed terms, the Agricultural Conservation NRCS Representative Initial Etj& Representative Initial Award Identifying Number: NEST Agreement Number: _5405461601HMP_ Easement Program, or the agricultural land easements acquired under this Cooperative Agreement. b. Address all of the minimum deed requirements identified at 7 CFR § 1468.25(d); c. Address the disposition of the agricultural land easement and the Federal share in the event the agricultural land easement is ever extinguished, terminated, or condemned in whole or in part. d. Are conveyed for the purpose of protecting natural resources and the agricultural nature of the land; Run with the land in perpetuity or where State law prohibits a permanent easement, for the maximum duration allowable under State law; f. Protect the agricultural use, future viability, and related conservation value, of the Parcels by limiting nonagricultural uses of that land or protect grazing uses and related conservation values by restoring and conserving eligible land, including grasslands of special environmental significance; g. Provide for the administration, management, and enforcement of the agricultural land easement by the ENTITY or its successors and assigns; h. Permit effective enforcement of the conservation purposes of such easements; and Subject the Parcel to an agricultural land easement plan that meets the requirements of this Section. 3. The ENTITY has the following three options for ensuring that the agricultural land easement contains the ALE Minimum Deed Terms required in paragraph VII.A.2 above: a. Attach the ALE Minimum Deed Terms Addendum as an Exhibit to the Agricultural Land Easement Deed. Under this option the ENTITY does not need to have the entire agricultural land easement deed reviewed by NRCS, instead NRCS at the State level will verify prior to the ENTITY requesting an advance of the Federal share or closing on an agricultural land easement that the ENTITY satisfies all of the following requirements: (i) The ALE Minimum Deed Terms addendum is signed by the landowner and the ENTITY and will be attached to the agricultural land easement deed at the time of closing and recordation; (ii) The terms of the ALE Minimum Deed Terms addendum are not modified; and (iii) The paragraph below is inserted at the bottom of the agricultural land easement deed: This Agricultural Land Easement is acquired with funds provided, in part, by the Agricultural Conservation Easement Program, (ACEP). The EXHIBIT is attached hereto and incorporated herein by reference and will run with the land in perpetuity for for the maximum duration allowed under applicable State laws]. As required by 16 U.S. C. Section 3865 et seq. and 7 CFR Part 1468, and as a condition of receiving ACEP funds, all present and future use of the Protected Property identified in EXHIBIT is and will remain subject to the terms and conditions described forthwith in this Addendum entitled Minimum Terms For The Protection Of Agricultural Use in EXHIBIT _ that is appended to and made a part of this easement deed. b. Incorporate the ALE Minimum Deed Terms into the Bodv of the Agricultural Land Easement Deed. Under this option, the ENTITY shall ensure the terms as stated in in the ALE Minimum Deed Terms addendum are included in the body of the agricultural land easement deed. The ALE Minimum Deed Terms may be formatted to select options where instructed, conform terms to deed formatting, complete terms with required information, and delete instructions to drafters. Each individual agricultural land easement deed must be reviewed and approved by NRCS National Headquarters prior to the ENTITY requesting an advance of the Federal share or closing on an agricultural land easement. 4 NRCS Representative Initial Entity Representative Initial 31 Award Identifying Number: NEST Agreement Number: 5405461601HMP_ EntityAgricultural Land Easement Deed Template Approved by NRCS. Upon mutual agreement of the Parties, the Cooperative Agreement may be amended to replace or supplement the attached exhibit 7 with an agricultural land easement deed template to be used for every Parcel listed on attachments to this Cooperative Agreement. The terms and conditions of the agricultural land easement deed template must contain the ALE minimum deed terms as stated and must be approved by NRCS National Headquarters in advance of the amendment. If the ENTITY uses the approved NRCS NHQ-approved deed template without changing any terms or conditions, then the ENTITY is not required to obtain NRCS NHQ review and approval of the individual, final agricultural land easement deeds. NRCS at the State level will verify prior to the ENTITY requesting an advance of the Federal share or prior to closing on an agricultural land easement that the individual, final agricultural land easement deed is the same as the NHQ-approved template. 4. The ENTITY must provide to NRCS a copy of the agricultural land easement deed and all exhibits at least 90 days before the planned closing date. 5. NRCS may require adjustments to the provisions identified in paragraph VII.A.2 above and require the addition of other provisions if NRCS determines that they are necessary to meet the purposes of ACEP and protect the conservation values of the Protected Property. 6. The ENTITY will perform necessary legal and administrative actions to ensure proper acquisition and recordation of valid agricultural land easements. 7. The ENTITY will pay all costs of agricultural land easement acquisition and will operate and manage each agricultural land easement in accordance with its easement program, this Cooperative Agreement, 16 U.S.C. Section 3865 et seq. and applicable regulations. NRCS will have no responsibility for the costs or management of the agricultural land easements purchased by the ENTITY unless NRCS exercises the rights of the United States under an agricultural land easement. 8. NRCS will not be responsible for any costs, damages, claims, liabilities, and judgments arising from past, present, and future acts or omissions of the ENTITY in connection with its acquisition or management of the agricultural land easements acquired pursuant to this Cooperative Agreement. This includes but is not limited to acts and omissions of the ENTITY agents, successors, assigns, employees, contractors, or lessees that result in violations of any laws and regulations that are now or that may in the future become applicable. 9. The ENTITY will prepare a baseline documentation report documenting the condition of the Parcel as of the time the easement is acquired and include a completed baseline documentation report in the payment request package submitted to NRCS pursuant to part VI. The baseline documentation report must contain maps, full descriptions and pictures of the Parcel location, existing structures and infrastructure, land use, land cover and its condition, and any special features for which the Parcel is being protected. The ENTITY must provide NRCS a draft baseline documentation report at least 90 days before the planned closing date of the agricultural land easement deed. 10. ENTITY will ensure completion of an agricultural land easement plan for each Parcel that must: a. Meet the requirements for an agricultural land easement plan specified in 7 CFR § 1468.26(a); b. Describe the activities that promote the long-term viability of the land to meet the purposes for which the Parcel was selected; c. Identify required or recommended conservation or management practices or activities that address the purposes and resource concerns for which the Parcel was selected; d. Require the management of any grasslands according to a grassland management plan or forest lands that exceed the greater of 40 acres or 20 percent of the Parcel according to a forest management plan; e. Require a conservation plan that meets the requirements of 7 CFR Part 12 for any highly erodible cropland; and 5 NRCS Representative Initial E12Representative Initial Award Identifying Number: NEST Agreement Number: 5405461601HMP_ f. Require, if specified prior to closing, the conversion of highly erodible cropland to less intensive uses. 11. ENTITY will choose one of the options below for completing the agricultural land easement plan by initialing the appropriate box when signing this Cooperative Agreement. (Initial only one option): a. ENTITY requests that NRCS personnel complete the agricultural land easement plan and ENTITY will coordinate with NRCS State office and landowner to ensure that the plan is completed and signed by the landowner prior to closing. b. ENTITY will complete the agricultural land easement plan without the assistance of NRCS LQJ personnel and at its own expense. ENTITY will ensure the plan meets NRCS standards and specification or other applicable industry standards. ENTITY will provide the plan to NRCS at least 90 days prior to the planned closing date and must obtain NRCS approval of the plan prior to closing. ENTITY will ensure NRCS has authorized access to the property and landowner if needed to review and approve plans prepared using this option. ENTITY will ensure the approved plan is signed by the landowner prior to closing. 12. In acquiring agricultural land easements, the ENTITY will ensure that the title to the lands or interests therein will be unencumbered or that outstanding or reserved interests are subordinated to the agricultural land easement. The ENTITY and NRCS will review the title commitment to ensure there are no encumbrances that would allow nonagricultural uses of the property that are not acceptable to the ENTITY or NRCS. The ENTITY shall provide NRCS a copy of the title commitment or title report, a summary of the ENTITY title review findings, and any other requested documentation related to title at least 90 days before the planned closing date. Any exceptions to the requirement to remove or subordinate outstanding or reserved interests must be consistent with this Cooperative Agreement, 16 U.S.C. Section 3865, and applicable regulations, and approved by NRCS and documented on the certificate of use and consent. 13. The ENTITY will secure proper title evidence and insurance using an owner's American Land Title Association (ALTA) policy with the ENTITY listed as the insured on the policy and the policy issued for the full amount of the agricultural land easement purchase price. 14. The ENTITY will obtain a determination of the fair market value of the agricultural land easement for each Parcel at its own cost using one of the methods set forth in 7 CFR § 1468.24. Individual appraisals conducted by a certified general appraiser that conform to the NRCS Appraisal Specifications provided as exhibit 8 and either the Uniform Standards of Professional Appraisals Practices (USPAP) or the Uniform Appraisal Standards for Federal Land Acquisitions (Interagency Land Acquisition Conference, 2000) (USFLA). The effective date of the appraised value must be within 6 months prior to or after the date the Parcel is added to this agreement as a funded Parcel or within 12 months of the closing date of the agricultural land easement on the Parcel. Use of fair market valuation methodologies other than individual USPAP or UASFLA appraisals must be approved by NRCS in writing prior to entering into this Cooperative Agreement. 15. The ENTITY will provide the appraiser the NRCS appraisal specifications (exhibit 8) and all of the items required to be provided by the ENTITY as identified in the NRCS appraisal specifications. The ENTITY must receive a separate appraisal report for each funded Parcel identified on an attachment. Under no circumstances will the ENTITY allow the landowner to approve or disapprove of the appraiser selected to prepare the appraisal report. The landowner will not be listed as the client. 16. The ENTITY must provide NRCS a completed appraisal report at least 90 days before the planned closing of the agricultural land easement so that NRCS may conduct a technical review of the appraisal. The ENTITY will not close the agricultural land easement until the technical reviewer approves the appraisal report. If the ENTITY closes the agricultural land easement prior to the rel MRCS Representative Initial Entity Representative Initial 33 Award Identifying Number: NEST Agreement Number: 5405461601HMP_ approval of the appraisal by the technical reviewer NRCS may not provide the Federal share for the agricultural land easement and may terminate this agreement. 17. The ENTITY will not use ACEP funds to acquire an easement on a property in which the ENTITY's employee or board member with decision -making involvement in easement acquisition and management matters has a property interest or whose immediate family member or household member has a property interest. The ENTITY agrees to conduct itself in a manner so as to protect the integrity of agricultural land easements it holds and avoid the appearance of impropriety or actual conflicts of interest in its acquisition and management of agricultural land easements. 1 S. The ENTITY will not at any time, when the ENTITY is named as a Grantee on the agricultural land easement, seek to acquire the remaining fee interest in the Parcel. Likewise, if the ENTITY enters into an agreement with another entity to manage or monitor the agricultural land easement, and that entity seeks to acquire the underlying fee, the ENTITY agrees to immediately terminate such agreement and arrange for an uninterested party to manage or monitor the Parcel. 19. The ENTITY will implement easement enforcement procedures when a violation of the agricultural land easement or agricultural land easement plan is identified by or reported to the ENTITY. ENTITY enforcement procedures resulting from a violation of a conservation plan can only be initiated after all administrative and appeal rights have been exhausted by the landowner in accordance with 7 CFR Part 12 and 7 CFR Part 614. 20. The ENTITY will submit a completed Federal Financial Report Standard Form 425 (FFRs) (exhibit 2) to the NRCS State office at least 5 business days prior to the end of each fiscal quarter (December 31, March 31, June 30, and September 30) for each quarter the ENTITY closes an agricultural land easement on a Parcel. Reports must be submitted on an accrual accounting basis. Failure to submit complete reports in accordance with the above schedule may result in suspension or termination of the Cooperative Agreement. A final FFR must be submitted no later than 90 days after the end date of the Cooperative Agreement. 21. At a minimum, the ENTITY will monitor every agricultural land easement on an annual basis to ensure and document compliance with the easement deed and agricultural land easement plan provisions. Each year the ENTITY will submit the annual monitoring report for that year to the appropriate NRCS State office in the format required by NRCS. 22. Nongovernmental organizations must continue to meet the definition of nongovernmental organization in 7 CFR Section 1468.3 for the entire term of this agreement. 23. This paragraph and paragraphs 2, 7, 8, 9, 10, 17, 18, 19, 20, and 21 of this section VII.A will survive the closing of the agricultural land easement and the termination or expiration of this Cooperative Agreement. S. NRCS Responsibilities: 1. The United States, by and through NRCS, will review applications submitted by the ENTITY, determine land and landowner eligibility, rank eligible applications, obtain and review a hazardous substance record search, conduct an onsite visit, and authorize Parcels to be added to the attachments to this Cooperative Agreement as tentatively selected for funding or as substitutes. NRCS will provide technical and other services as requested and to the extent resources allow to assist in developing an agricultural land easement plan that meets ACEP requirements and NRCS standards and specifications or other applicable industry standards. NRCS will manage the funds obligated to this Cooperative Agreement and subject to the availability of funds, disburse the appropriate funds to the ENTITY in accordance with this Cooperative Agreement. 4. After the required materials have been submitted by the ENTITY, prior to closing, NRCS will: 7 NRCS Representative Initial D3* Representative Initial Award Identifying Number: NEST Agreement Number: _5405461601HMP a. Review the agricultural land easement deed based on the option selected by the ENTITY for incorporating the ALE minimum deed terms, and provide the ENTITY with any approval instructions or items requiring resolution, b. Review the title documents submitted by the ENTITY, complete a certificate of use and consent, and provide the findings to the ENTITY for information or remedy as necessary, c. Conduct a technical review of the appraisal submitted by the ENTITY and provide the findings to the ENTITY for information or resolution as necessary, d. As requested by the ENTITY, either develop or review the agricultural land easement plan, and identify any items for resolution to the ENTITY, e. Review the draft baseline documentation report provided by the ENTITY and notify the ENTITY if additional information is needed; and f. Review and provide notice of determination on any waiver requests submitted by the ENTITY in accordance with ACEP policy. g. After NRCS reviews are completed and the materials are determined acceptable, provide the ENTITY with an "Approval for a Non -Certified Eligible Entity to Proceed with the ALE Acquisition" letter and the NRCS-signed "Confirmation of Matching Funds. 5. If an advance payment is requested, NRCS will also provide a copy the NRCS closing agent requirements to the ENTITY. 6. Prior to NRCS disbursement of funds, the NRCS State Conservationist will verify that the ENTITY has provided all documentation, certifications and information required by sections VI and VII.A. NRCS will conduct an internal review the SF-270 payment request package in accordance with NRCS easement acquisition internal controls policy. The NRCS State office will submit a copy of the payment request package for national review and approval for all agricultural land easement payments that meet the national review threshold. Complete payment request packages for national review must be submitted by NRCS at the State level to NRCS NHQ no less than 30 days before the planned closing date. 7. NRCS will certify payment and disburse funds, for Parcels listed as funded on the attachments to this Cooperative Agreement when the ENTITY has requested payment by the payment request deadline and acquired agricultural land easements on the funded Parcels by the closing deadline, consistent with the requirements of the this agreement. 8. NRCS will review the annual monitoring reports provided by the ENTITY to ensure monitoring is conducted annually and reports are sufficient and submitted to NRCS annually for every NRCS- funded conservation easement held by the ENTITY. VIII. PUBLIC INFORMATION A. The ENTITY agrees to acknowledge NRCS cost -share assistance in any public outreach materials or events related to agricultural land easements acquired pursuant to this Cooperative Agreement and to provide draft copies of such information to the NRCS State office for review and comment before public release. B. The ENTITY agrees to comply with NRCS guidelines and requirements regarding the disclosure of information protected under section 1244 of the Food Security Act of 1985, 16 U.S.C. Section 3844, and section 1619 of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246), 7 U.S.C. Section 8791. IX. GENERAL PROVISIONS A. This Cooperative Agreement constitutes financial assistance and, therefore, all Federal laws, regulations, and Executive orders are applicable, including 2 CFR Parts 25, 170, 200, and 400. B. It is the intent of NRCS to fulfill its obligations under this Cooperative Agreement. However, NRCS cannot make commitments in excess of funds authorized by law or made administratively available. If 8 NRCS Representative Initial Entity Representative Initial 35 Award Identifying Number: NEST Agreement Number: _5405461601HMP_ NRCS cannot fulfill its obligations under this Cooperative Agreement because of the unavailability of funds, this Cooperative Agreement will automatically terminate. C. No assignment, in whole or in part, will be made of any right or obligation under this Cooperative Agreement without the joint approval of both NRCS and the ENTITY. Nothing herein will preclude NRCS or the ENTITY from entering into other mutually acceptable arrangements or agreements, except as identified in section VII.A.18 of this Cooperative Agreement. Such documents will be in writing, will reference this Cooperative Agreement, and will be maintained as part of the official Cooperative Agreement file. D. This Cooperative Agreement may be amended or modified by written amendment signed by the authorized officials of the NRCS and the ENTITY. E. NRCS may terminate this Cooperative Agreement if NRCS determines that the ENTITY has failed to comply with the provisions of this Cooperative Agreement or if it determines that it is in the best interests of the Federal Government to terminate. In the event that this Cooperative Agreement is terminated for any reason, the financial obligations of the Parties will be as set forth in 2 CFR Part 200, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." F. If any recipient of Federal funds under this Cooperative Agreement fails to comply with the terms and conditions of this Cooperative Agreement, NRCS reserves the right to wholly or partially recapture funds provided in accordance with applicable regulations. PROGRAM: ACEP Funds Authorized Name/Title Date FNM: ACEP Funds Available Name/Title Date Amount: $ Acct. Code: M NRCS Representative Initial Er Representative Initial Whatcom County Recommended for approval By: Title: Whatcom County Executive Date: STATE OF WASHINGTON ) ss. COUNTY OF On this day of , 2016 before me personally appeared to me know to be the County Executive of Whatcom County and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. Approved as to form: Prosec ' , rney NOTARY PUBLIC in and for the State of Washington, residing at: My commission expires --2 9 /, `' Date 37 Agricultural Conservation Easement Program — Agricultural Land Easement (ACEP-ALE) Award Identify Attachment A NEST Agree Attachment A - Fiscal Year (FY) 2016 List of Agricultural Land Easement Parcels Funded by NRCS With Fiscal Year 2016 Funds and Identifi NRCS has made cost -share assistance available up to the amount specified on the NRCS-ADS-093, "Notice of Grant on this attachment that have been selected for funding. Parcels listed and not currently selected for funding and proposed substitution may be substituted for funded parcels that are cancelled upon mutual agreement of the Parties an Funding obligated under this attachment will expire on August 31, 2018, unless a request for extension for this fun State Conservationist and the agreement is amended with a new attachment expiration date of August 31, 2019, for thi! Landowner's Name(s) Total Acres Estimated Agricultural Land Easement Value Estimated Federal Contribution NEST Pare Numbe. Williams, Constance & Justin 66.19 $255,000.00 $127,500.00 5405461601 Grubbs, Samuel and Donna 19.7 $100,000.00 $50,000.00 540546160 Matheson, Sandra 17.93 $100,000.00 $50,000.00 540546160 Cougar Creek Ranch LLC 157.76 $631,040.00 $315,520.00 540546160 NRCS Representative Initial Entity Representative Initial 001 Agricultural Conservation Easement Program — Agricultural Land Easement (ACEP-ALE) Award Identify Attachment A NEST Agree 'Note: the original expiration date entered will be August 31 of the year 2 years following the fiscal year the attachmej extension date entered will be August 31 of the following year. Therefore, if an attachment is approved by NRCS in F be August 31, 2017, and the extension date would be August 31, 2018. 2 NRCS Representative Initial Entity Representative Initial 06� Revised May 2016 NATURAL RESOURCES CONSERVATION SERVICE U.S. DEPARTMENT OF AGRICULTURE GENERAL TERMS AND CONDITIONS GRANTS AND COOPERATIVE AGREEMENTS I. APPLICABLE REGULATIONS a. The recipient, and recipients of any subawards under this award, agree to comply with the following regulations, as applicable. The full text of Code of Federal Regulations references may be found at https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR and http://www.eefr.go . (1) 2 CFR Part 25, "Universal Identifier and System of Award Management" (2) 2 CFR Part 170, "Reporting Subaward and Executive Compensation Information" (3) 2 CFR Part 180, "OMB Guidelines To Agencies On Governmentwide Debarment And Suspension (Nonprocurement)" (4) 2 CFR Part 182, "Governmentwide Requirements for Drug -Free Workplace (Financial Assistance)" (5) 2 CFR Part 200, "Uniform Administrative Requirements, Cost Principles, And Audit Requirements for Federal Awards" b. The recipient, and recipients of any subawards under this award, assure and certify that they have and/or will comply with the following regulations, as applicable. The full text of Code of Federal Regulations references may be found at https://www.gpo. og v/fdsys/browse/collectionCfr.action?collectionCode=CFR and http://www.ecfr.go . (1) 2 CFR Part 175, "Award Term for Trafficking in Persons" (2) 2 CFR Part 417, "Nonprocurement Debarment and Suspension" (3) 2 CFR Part 418, "New Restrictions on Lobbying" (4) 2 CFR Part 421, "Requirements for Drug -Free Workplace (Financial Assistance)" c. Allowable project costs will be determined in accordance with the authorizing statute, the purpose of the award, and to the extent applicable to the type of organizations receiving the award, regardless of tier. The following portions of the Code of Federal Regulations are hereby incorporated by reference. The full text of Code of Federal Regulations references may be found at https://www.gpo. og v/fdsys/browse/collectionCfr.action?collectionCode=CFR and http://www.eefr.9ov/. (1) 2 CFR Part 200, "Uniform Administrative Requirements, Cost Principles And Audit Requirements For Federal Awards" (2) 48 CFR Part 31, "Contract Cost Principles and Procedures" all General Terms and Conditions II. UNALLOWABLE COSTS The following costs are not allowed: a. Costs above the amount authorized for the project b. Costs incurred after the expiration of the award including any no -cost extensions of time c. Costs that lie outside the scope of the approved project and any amendments thereto d. Compensation for injuries to persons or damage to property arising from project activities This list is not exhaustive. For general information about the allowability of particular items of costs, please see 2 CFR Part 200, "Subpart E - Cost Principles", or direct specific inquiries to the NRCS administrative contact identified in the award. III. CONFIDENTIALITY a. Activities performed under this award may involve access to confidential and potentially sensitive information about governmental and landowner issues. The term "confidential information" means proprietary information or data of a personal nature about an individual, or information or data submitted by or pertaining to an organization. This information must not be disclosed without the prior written consent of NRCS. b. The recipient's personnel will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. Section 552a, and implementing regulations and policies with respect to systems of records determined to be subject to the Privacy Act. The recipient's personnel must also comply with privacy of personal information relating to natural resources conservation programs in accordance with section 1244 of Title II of the Farm Security and Rural Investment Act of 2002 (Public Law 107-171). c. The recipient agrees to comply with NRCS guidelines and requirements regarding the disclosure of information protected under Section 1619 of the Food, Conservation, and Energy Act of 2008 (PL 110-246), 7 U.S.C. 8791. d. The recipient agrees to comply with the "Prohibition Against Certain Internal Confidentiality Agreements:" 1. You may not require your employees, contractors, or subrecipients seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting them from lawfully reporting that waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. 2. You must notify your employees, contractors, or subrecipients that the prohibitions and restrictions of any internal confidentiality agreements inconsistent with paragraph (1) of this award provision are no longer in effect. 3. The prohibition in paragraph (1) of this award provision does not contravene requirements applicable to any other form issued by a Federal department or agency governing the nondisclosure of classified information. 4. If NRCS determines that you are not in compliance with this award provision, NRCS: a. Will prohibit your use of funds under this award, in accordance with sections 743 and 744 of Division E of the Consolidated Appropriations Act, 2016, (Pub. L. 114-113) or any successor provision of law; Page 2 of 8 41 General Terms and Conditions b. May pursue other remedies available for your material failure to comply with award terms and conditions. IV. PRIOR APPROVAL REQUIREMENTS The following are the most common situations requiring prior approval. However, the recipient is also bound by any other prior approval requirements of the applicable administrative provisions and Federal cost principles. a. Purpose or Deliverables. —When it is necessary for the recipient to modify the purpose or deliverables, the recipient must submit a written request and justification for the change along with the revised purpose or deliverables of the award to the NRCS administrative contact. The request should contain the following: 1. Grant or agreement number 2. Narrative explaining the requested modification to the project purpose or deliverables 3. A description of the revised purpose or deliverables 4. Signatures of the authorized representative, project director, or both b. Subcontractual Arrangement. —The recipient must submit a justification for the proposed subcontractual arrangements, a statement of work to be performed, and a detailed budget for the subcontract to the NRCS administrative contact. Subcontractual arrangements disclosed in the application do not require additional postaward approval. Absence or Change in Project Leadership. —When a project director or the person responsible for the direction or management of the project 1. Relinquishes active direction of the project for more than 3 consecutive months or has a 25 percent or more reduction in time devoted to the project, the grantee must notify the NRCS administrative contact in writing, identifying who will be in charge during the project director's absence. The notification must include the qualifications and the signature of the replacement, signifying his or her willingness to serve on the project. Severs his or her affiliation with the grantee, the grantee's options include— i. Replacing the project director. The grantee must request written approval of the replacement from the NRCS administrative contact and must include the qualifications and the signature of the replacement signifying his or her willingness to serve on the project. ii. Subcontracting to the former project director's new organization. The grantee must request approval from the administrative contact to replace the project manager and retain the award, and to subcontract to the former project director's new organization certain portions of the project to be completed by the former project director. iii. Relinquishing the award. The grantee must submit to the NRCS administrative contact a signed letter by the grantee and the project director that indicates that the grantee is relinquishing the award. The letter must include the date the project director is leaving and a summary of progress to date. A final Standard Form (SF) 425 reflecting the total amount of funds spent by the recipient must be attached to the letter. Page 3 of 8 42 General Terms and Conditions Transfers the award to his or her new organization, the authorized organization's representative at the new organization must submit the following to the NRCS administrative contact as soon as the transfer date is firm and the amount of funds to be transferred is known: i. The forms and certifications included in the application package ii. A project summary and work statement covering the work to be completed under the project (deliverables and objectives must be the same as those outlined in the approved proposal) iii. An updated qualifications statement for the project director showing his or her new organizational affiliation iv. Any cost -sharing requirements under the original award transfer to the new institution; therefore, cost -sharing information must be included in the proposal from the new organization Note: The transfer of an award from one organization to another can take up to 90 days to accomplish, which may result in a delay in the project director resuming the project at the new organization. d. Budget Revisions. —Budget revisions will be in accordance with 2 CFR Part 200.308. e. No -Cost Extensions of Time. —When a no -cost extension of time is required, the recipient must submit a written request to the NRCS administrative contact no later than 30 days before the expiration date of the award. The request must contain the following: ■ The length of additional time required to complete the project and a justification for the extension ■ A summary of progress to date ■ An estimate of funds expected to remain unobligated on the scheduled expiration date ■ A projected timetable to complete the portions of the project for which the extension is being requested ■ Signature of the grantee and the project director ■ A status of cost sharing to date (if applicable) Note: An extension will not exceed 12 months. Only in exceptional cases will more than one extension be granted. Requests for no -cost extensions received after the expiration of the award will not be granted. V. PAYMENTS a. Payment by NRCS to the entity will be made monthly or quarterly (whichever is mutually agreed upon by both parties) on a reimbursable or advanced basis upon completion of work outlined herein. Payment will be executed upon the submission of a properly executed form SF-270. The SF-270 must cite the agreement number, remittance address, and billing period. The SF-270 must be sent to the NRCS administrative contact at the address identified in block 8 of the Notice of Grant/Agreement Award. b. Unless otherwise specified in the award, the recipient must receive payments through electronic funds transfers. Page 4 of 8 W General Terms and Conditions c. Recipients requesting advances should request payments in amounts necessary to meet their current needs pursuant to procedures contained in the Federal administrative provisions and 31 CFR Part 205. d. The method of payment between the recipient and its contractors will be in accordance with the policies and procedures established by the recipient except that the contractors may not use the USDA Office of Financial Management/National Finance Center method to request payments. If the grantee makes advance payments to contractors, the grantee must ensure that the timing of such payments is designed to minimize elapsed time between the advance payment and the disbursement of funds. Payment requests from the grantee's contractors will not be sent to NRCS for review or approval. e. Accounting records for all costs incurred under this award must be supported by source documentation. Such documentation includes, but is not limited to, canceled checks, paid bills, payroll records, and subcontract award documents. Labor cost charges to this award must be based upon salaries actually earned and the time actually worked on this award. All project costs must be incurred within the approved project period of this award, including any approved no -cost extension of time. Costs that cannot be supported by source documentation or that are incurred outside of the approved project period and budget may be disallowed and may result in award funds being returned to the Federal Government by the recipient. a. Recipients must submit a Federal Financial Report (FFR), SF 425 and 425A, in accordance with the following schedule (recipients may download the applicable form at http://www.forms.gov): Quarterly Schedule Report Due Date October 1 to December 31 January 31 January 1 to March 31 April 30 April 1 to June 30 July 30 July I to September 30 October 30 Reports must be submitted on an accrual accounting basis. Failure to submit reports in accordance with the above schedule may result in suspension or termination of award. b. A final Report must be submitted no later than 90 days after the completion of the award. For final FFRs, reporting end date must be the end date of the project or agreement period. The reports should be submitted to the NRCS administrative contact identified in award notifications. VII. PERFORMANCE MONITORING AND REPORTING a. The recipient is responsible for monitoring day-to-day performance and for reporting to NRCS. If the project involves subcontractual arrangements, the recipient is also responsible for monitoring the performance of project activities under those arrangements to ensure that approved goals and schedules are met. b. Every 6 months the recipient must submit a written progress report. Each report must cover — Page 5 of 8 General Terms and Conditions 1. A comparison of actual accomplishments with the goals and objectives established for the reporting period and, where project output can be quantified, a computation of the costs per unit of output. 2. The reasons why goals and objectives were not met, if appropriate. 3. Additional pertinent information including, where appropriate, analysis and explanation of cost overruns or high unit cost. The recipient must submit a final performance report within 90 days after completion of project. VIII. SPECIAL PROVISIONS a. The recipient assures and certifies that it will comply with the minimum -wage and maximum - hour provisions of the Federal Fair Labor Standards Act. b. Employees of NRCS will participate in efforts under this agreement solely as representatives of the United States. To this end, they may not participate as directors, officers, employees, or otherwise serve or hold themselves out as representatives of the recipient. They also may not assist the recipient with efforts to lobby Congress or to raise money through fundraising efforts. Further, NRCS employees must report to their immediate supervisor any negotiations with the recipient concerning future employment and must refrain from participation in efforts regarding such parties until approved by the agency. c. Employees of the recipient will not be considered Federal employees or agents of the United States for any purposes under this agreement. IX. PATENTS, INVENTIONS, COPYRIGHTS, AND ACKNOWLEDGMENT OF SUPPORT AND DISCLAIMER a. Allocation of rights of patents, inventions, and copyrights must be in accordance with 2 CFR Part 200.315. This regulation provides that small businesses normally may retain the principal worldwide patent rights to any invention developed with USDA support. b. In accordance with 37 CFR Section 401.14, each subject invention must be disclosed to the Federal agency within 2 months after the inventor discloses it in writing to contractor personnel responsible for patent matters. Invention disclosure statements pursuant to 37 CFR Section 401.14(c) must be made in writing to: Acquisitions Division Grants and Agreements Services Branch 1400 Independence Avenue, SW. Room 6823 South Building Washington, DC 20250 c. USDA receives a royalty -free license for Federal Government use, reserves the right to require the patentee to license others in certain circumstances, and requires that anyone exclusively licensed to sell the invention in the United States must manufacture it domestically. Page 6 of 8 45 General Terms and Conditions d. The following acknowledgment of NRCS support must appear in the publication of any material, whether copyrighted or not, and any products in electronic formats (World Wide Web pages, computer programs, etc.) that is substantially based upon or developed under this award: "This material is based upon work supported by the Natural Resources Conservation Service, U.S. Department of Agriculture, under number [recipient should enter the applicable award number here]." In addition, all publications and other materials, except scientific articles or papers published in scientific journals, must include the following statement: ® "Any opinions, findings, conclusions, or recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of the U.S. Department of Agriculture." e. All publications printed with Federal Government funds will include the most current USDA nondiscrimination statement, available from the Public Affairs Division, Civil Rights Division, or on the USDA and NRCS home pages. If the material is too small to permit the full nondiscrimination statement to be included, the material must, at a minimum, include the statement: • "USDA is an equal opportunity provider and employer." Any publication prepared with funding from this agreement must include acknowledgement to USDA, Natural Resources Conservation Service." The recipient is responsible for ensuring that an acknowledgment of NRCS is made during news media interviews, including popular media such as radio, television, and news magazines, that discuss in a substantial way work funded by this award. X. COST -SHARING REQUIREMENTS a. If the award has specific cost -sharing requirements, the cost -sharing participation in other projects may not be counted toward meeting the specific cost -share requirement of this award, and must come from non -Federal sources unless otherwise stated in the applicable program announcement. b. Should the recipient become aware that it may be unable to provide the cost -sharing amount identified in this award, it must- 1. Immediately notify the NRCS administrative contact of the situation. 2. Specify the steps it plans to take to secure replacement cost sharing. 3. Indicate the plans to either continue or phase out the project in the absence of cost sharing. c. If NRCS agrees to the organization's proposed plans, the recipient will be notified accordingly. If the organization's plans are not acceptable to NRCS, the award may be subject to termination. NRCS modifications to proposed cost sharing revisions are made on a case -by -case basis. d. Failure by the recipient to notify NRCS in accordance with paragraph (b) above may result in the disallowance of some or all the costs charged to the award, the subsequent recovery by NRCS of some of the NRCS funds provided under the award, and possible termination of the Page 7 of 8 Eel General Terms and Conditions award, and may constitute a violation of the terms and conditions of the award so serious as to provide grounds for subsequent suspension or debarment. e. The recipient must maintain records of all project costs that are claimed by the recipient as cost sharing as well records of costs to be paid by NRCS. If the recipient's cost participation includes in -kind contributions, the basis for determining the valuation for volunteer services and donated property must be documented. XI. PROGRAM INCOME Income derived from patents, inventions, or copyrights will be disposed of in accordance with the recipient's own policies. General program income earned under this award during the period of NRCS support must be added to total project funds and used to further the purpose and scope of this award or the legislation under which this award is made. XII. NONEXPENDABLE EQUIPMENT Recipients purchasing equipment or products with funds provided under this award are encouraged to use such funds to purchase only American -made equipment and products. Title to nonexpendable equipment purchased with award funds will vest in the recipient upon completion of the award project and acceptance by NRCS of required final reports. When equipment is no longer needed by the recipient and the per -unit fair market value is less than $5,000, the recipient may retain, sell, or dispose of the equipment with no further obligation to NRCS. However, if the per -unit fair market value is $5,000 or more, the recipient must submit a written request to the NRCS administrative contact for disposition instructions. XIII. LIMIT OF FEDERAL LIABILITY The maximum financial obligation of NRCS to the recipient is the amount of funds indicated in the award as obligated by NRCS. However, in the event that an erroneous amount is stated on the approved budget, or any supporting document relating to the award, NRCS will have the unilateral right to make the correction and to make an appropriate adjustment in the NRCS share of the award to align with the Federal amount authorized. XIV. MODIFICATIONS AND TERMINATIONS NRCS may amend or modify the award through an exchange of correspondence between authorized officials of the recipient and NRCS. The award is subject to termination if MRCS determines that the recipient has failed to comply with the terms and conditions of the award. In the event that the award is terminated, the financial obligations of the parties will be those set forth in 2 CFR Part 200.339. XV. AWARD CLOSEOUT Award closeout is the process by which NRCS determines that all required project activities have been performed satisfactorily and all necessary administrative actions have been completed. Page 8 of 8 47 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016-299 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: PaulaJ. Harris, P.E.q••ti- fW- ff /j� V E D MirT 1 Oct. 11, 2016 Finance, Council Division Head Gary Stoyka l Ytfpv Dept. Head: /Jell Jon Hutchings WHATCOM Prosecutor: 0130 Dan Gibson I COUNCIL Purchasing/Budget: '7®, Brad Bennett Executive: Jack Lows Ll� TITLE OF DOCUMEN Construction Contract Award — 2016 Swift Creek Sediment Removal Project No. 716004; Bid No. 16-50 ATTACHMENTS. 1. Bid Award Memo 2. Approval for Contract Award 3. Bid Tabulation 4. Low Bid Proposal SEPA review required? ( ) Yes (X) NO Should Clerk schedule a hearing? ( ) Yes (X) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Award of a construction contract to Strider Construction for the 2016 Swift Creek Sediment Removal Project in the amount of $357,724.50 including all taxes. COMMITTEE ACTION. • BOARD OF SUPERVISORS ACTION.• Related County Contract #: Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council. a-*] WHATCOM COUNTY PUBLIC WORKS DEPARTMENT JON HUTCHINGS DIRECTOR TO: The Honorable Members of the Whatcom County Flood Control Zone District Board of Supervisors THROUGH: Jon Hutchings, Public Works Directorl, Joe Rutan, County Enginee �' FROM: Paula J. Harris, P.E., River and Flood Mana rt' Gary Stoyka, Natural Resources Manager y RE: 2016 Swift Creek Sediment Removal Project DATE: September 28, 2016 RIVER AND FLOOD 322 N. Commercial Street, Suite 120 Bellingham, WA 98225-4042 Phone: (360) 676-6876, (360) 398-1310 www.whatcorncounty.us Attached for your review and signature is a construction contract award package for the 2016 Swift Creek Sediment Removal Project. The package includes the Bid Award, Bid Tabulation, and Low Bid Proposal. Requested Action Public Works respectfully requests that the County Council, acting as the Flood Control Zone District Board of Supervisors (FCZD), authorize the County Executive to award the bid and execute a contract for the 2016 Swift Creek Sediment Removal Project to the low bidder, Strider Construction, in the amount of $357,724.50 including all taxes. Three (3) bid proposals for the project were received at the bid opening on Tuesday September 27, 2016. Background and Purpose This project includes continued maintenance of the levee system along Swift Creek including the excavation and stockpiling of sediments from Swift Creek channel and bank armoring to reduce the potential for flooding and release of asbestos -containing sediments onto South Pass and Oat Coles Roads and private property this coming winter. Funding Amount and Source Total funding for this contract is $357,724.50 from local funds. Seventy-five percent (75%) of the project cost will come from the Road Fund and the remaining 25% of the project cost will be cost -shared at a 70%-30% split between the FCZD and the Sumas Nooksack Everson Subzone. This results in funding of $268,293.38 from the Road Fund, $62,601.79 from the FCZD, and $26,829.33 from the Sumas-Nooksack-Everson Subzone. Adequate budget authority exists within the Road, FCZD, and SNE Subzone funds for their portion of the expenditures. Please contact Paula Harris at extension 6285, if you have any questions or concerns regarding the terms of this agreement. In accordance with W.C.C. 3.08.090, 1 concur with this recommendation: 0 ct-/ZS/ LZO ara Winger, Putchasing Coordinator Date Encl we APPROVAL FOR CONTRACT AWARD PROJECT: 2016 Swift Creek Sediment Removal PROJECT NO. 716004 DID NO. 16-50 TO: Strider Construction In the amount of their bid proposal of $357,724.50 including all taxes. 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W J v 4� 2 O Z W Y U O ~ F ¢ a m Q O Q O =� .Q VI J m W J J Z O J 0 Q' W 0 o y Z z 2 Z" zO�j >Uz�Ua Z o� o J O o Y 3 O w z (¢j io x 0 Z« 0 (n Z x Z w Z U O w w a 2 W z a J o �- Z mO F- U f 0 w o i= w o 02 N 0 U O z U x z Vl m O W W 0.�} z � a O W O K o�o z O¢ a>Nz�aU>;v,z W 2> o Q c iu (LLD, y z w K w= HU 6 w a E V x� U U o Z O y 1- Z zz¢ a U o 'O U X Te ¢ U L O G O O } U F f0 N U J �' O G K W z W 1- ¢ Z W O LL O W > i X p W S p U wO W O XU W y F z U U O J O 2¢ O W N u) O LL LL Y e' O ¢ z 4 Lu C w C j C 1 d w O O N y f !- w z O z J F ¢ O N J> O 6. J y Z Ti 'O J 3 'O Y 'C Z U Y h K W N J> S U N O O �' fn J} F' J Z m O LL mwf d W m¢oK Z y oOm�'-fZZQ=ZJU'O=6a�mVUi U y Z !- m > I- O J ul o. h= 0 7 ° F- o 0 0 F— a O Z O w 2 0 w f U R' m Q U so to S N fq U c U U u) S v 00 = W J S U O x i NO r Z N M 7 N tC 1` W pj O ` N [7 C N'd r O Of e- O N N N M N N N a @ x N 51 BID PROPOSAL FORM 2016 SWIFT CREEK SEDIMENT REMOVAL PROJECT NO. 716004 !�TIirRINL-111411 DATE September 271" 2016 TO: Whatcom County Flood Control Zone District Board of Supervisors Whatcom County Courthouse 311 Grand Avenue Bellingham, Washington 98225 Gentlepersons: This certifies that the Undersigned: has examined the location of the project site and the conditions of work; and has carefully read and thoroughly understands the contract documents entitled: "2016 Swift Creek Sediment Removal, Project No. 716004" Whatcom County, Washington, including the "Bid Procedures and Conditions," "Specifications and Conditions," "Contract Forms," "Construction Plans," and "Appendices," governing the work embraced in this project, and the method by which payment will be made for said work. The Undersigned hereby proposes to undertake and complete the work embraced in this project in accordance with said contract documents, and agrees to accept as payment for said work, the schedule of lump sum, force account and unit prices as set forth in the 'Bid" below. The Undersigned acknowledges that payment will be based on the actual work performed and material used as measured or provided for in accordance with the said contract documents, and that no additional compensation will be allowed for any taxes (except state sales tax) not included in each lump sum or unit price, and that the basis for payment will be the actual work performed and measured or provided for in accordance with the said contract documents. The Undersigned certifies that it is not currently disqualified from bidding on any public works contract under RCW 39.06.010 or RCW 39.12.065(3). 1.1 Strider Construction Co., Inc. 52 2016 Swift Creek Sediment Removal Project No 716004 Bid Proposal Farm ITEM UNIT ITEM DESCRIPTION APPROX. UNIT PRICE EXTENDED PRICE NO, MEASURE. :,.QUANTITY IN FIGURES IN FIGURES 1 LUMP MOBILIZATION L.S. L.S. $ , Ulx'" SUM 2 ACRE CLEARING AND GRUBBING 0.48 $ tU t�3 $ per ACRE $ �, CCU®. 3 LUMP REMOVAL OF STRUCTURES AND OBSTRUCTIONS L.S. L.S. SUM SPILL PREVENTION, CONTROL AND COUNTERMEASURES L.S. L.S. a $ 4 LUMP SUM 5 LUMP ASBESTOS MANAGEMENT L.S. L.S. $ g,aCitJ," SUM CHANNEL EXCAVATION AND LEVEE CONST. INCL. HAUL 2,600 $ e $ �20. ? 6 CUBIC (Goodwin Road Site) YARD per CY SURPLUS CHANNEL EXCAVATION INCL. HAUL (Goodwin as 7 TRUCK CUBIC Road Site to Oat Coles Stockpile) 1,000 $ . 00 YARD per TCY 8 TRUCK CUBIC STOCKPILE EXCAVATION INCL. HAUL AND STOCKPILING 4,000 $ �. Co $ ®�� _ (blades Stockpile to Oat Coles Stockpile) YARD per TCY CHANNEL EXCAVATION INCL HAUL AND PLACEMENT (Swift 2,500 $ I�. $ aC7 C ioCx) 9 CUBIC Creek Channel to Mades Stockpile) YARD per CY 10 1000(Mgal.) WATER FOR DUST CONTROL 500 $ I `.— 0C) ra; $ per Mgal CONSTRUCTION GEOTEXTILE FOR PERMANENT EROSION 2,700 $ �• � �Z $ J��Ut� 11 SQUARE CONTROL YARD per SY 12 SQUARE STABILIZIDED CONSTRUCTION ENTRANCE 250 $ , 0D n $ YARD per SY 13 LINEAR HIGH VISIBILITY FENCE 500 $ *�k00 $, FEET I perLF Strider Construction Co., Inc. a r 53 2016 Swift Creek Sediment Removal Project No 716004 Bid Proposal Form ITEM UNIT ITEM DESCRIPTION APPROX.. UNIT PRICE EXTENDED PRICE . .. : I NO, MEASURE QUANTITY IN FIGURES I IN FIGURES 14 TON 4-INCH MINUS CRUSHED ROCK INCL. HAUL 400 0: Ce $ l per TON is TON BALLAST 500 $ 5. C� $ (Access Road) per TON 16 SQUARE HOG FUEL MULCH 3,500.00 $ 2bQ $ YARD per SY 17 DOLLAR EROSION AND WATER POLLUTION CONTROL EST, $1.00 $ 5,000.00 (Force Account) 18 TON LIGHT LOOSE RIPRAP 1,300. $ 2.5- CO— $ per TON 19 TON HEAVY LOOSE RIPRAP 2,600 $30'(10 C' per TON 20 LINEAR CHAIN LINK FENCE TYPE 4 500 $ 16.00 $ Q FEET per LF 21 EACH DOUBLE 14 FT. CHAIN LINK GATE 1 $ EACH 22 DOLLAR RESTORATION AREA EST. $1.00 $ 10,000,00 (Force Account) 23 DOLLAR MISC, FORCE ACCOUNT WORK EST, $1.00 $ 15,000.00 SUBTOTAL BID AMOUNT (Bid Items 1-23) $ � -1 ov" W STATE SALES TAX @ 8.5% $ 28, 02(4.&V, TOTAL BID AMOUNT (Bid Items 1-23 plus sales tax) $S5,1 7 q. S(D 1� I, - 10 Strider Construction Co., Inc. 54 2016 SWIFT CREEK SEDIMENT REMOVAL PROJECT NO.716004 BID NO. 16-50 1, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: 1. That the undersigned person(s), firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. 2. That by signing the signature page of this proposal, I am deemed to have signed and have agreed to the provisions of this declaration. NOTICE TO ALL BIDDERS To report bid rigging activities call: 1-800-424-9071 The U.S. Department of Transportation (USDOT) operates the above toll free "hotline" Monday through Friday, 8:00 a.m. to 5:00 p.m. Eastern Time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities. The "hotline" is part of USDOT's continuing effort to identify construction contract fraud and abuse, and is operated under the Inspector General. All information will be treated confidentially an 11 d Strider Construction Co., Inc. 55 The name of the Bidder submitting this proposal, the address and phone number to which all communications concerned with this proposal shall be made, and the number which has been assigned indicating the Bidder is licensed to do business in the State of Washington are as follows: Firm Name: Strider Construction Co., Inc Address: 4721 Northwest Drive Bellingham, WA 98226 Telephone: 360-380-1234 Contractor's WA Registration Number: STRIDCC121OZ Contractor's WA UBI Number: 601 100 050 Contractor's WA Employment Security Department Number: 000-655099-00-1 Contractor's WA Excise Tax Registration Number: 601 100 050 The Firm submitting this proposal is a: Sale Proprietorship Partnership X Corporation The names and titles of the principal officers of the corporation submitting this proposal, or of the partnership, or of all persons interested in this proposal as principals are as follows: James A. Gebhardt, P.E. Kyle J. Gebhardt, P.E. President Vice -President Rav Gould Vice -President Jay Van Wingerden Secretary/Treasurer NOTE: Signatures of this proposal must be identified above. Failure to identify the Signatories will be cause for considering the proposal irregular and for subsequent rejection of the bid. 9 Strider Construction Co., Inc. 56 The bidder is hereby advised that by signature of this proposal he/she is deemed to have acknowledged all requirements and signed all certificates contained herein. The undersigned hereby agrees to pay labor not less than the prevailing rates of wages or less than the hourly minimum rate of wages as specified in the Specifications and Conditions for this project. Bid Proposal Deposit Options: CASHIER'S CHECK ❑ DOLLARS ($ )PAYABLE TO WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT CERTIFIED CHECK ❑ DOLLARS ($ )PAYABLE TO WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT PROPOSAL BOND X❑ IN THE AMOUNT OF 5% OF THE BID. Receipt is hereby acknowledged by addendum(s) No.(s) & > SIGNATURE OF AUTHORIZ ,.BFFICIAL(S) :•`�� O¢Q4 (PROPOSAL MUST BE SIGNED) SEA Uz Kyle J. Gebhardt, P.F., 'Mice -President € r FIRM NAME: Strider Construction Co.'znc ; ••.,,...>•o�• STATE OF WASHINGTON ss. COUNTY OF WHATCOM ) On this 27th day of September , 2016, before me personally appeared Kyle J. Gebhardt, P.E. to me pmorialhyr,,,known to be the person descri ed in and who executed the above instrumee,,'1' ak wledged to me the act of sig i ther of Yfis•rr NOT PUBLIC, in and for the ; � z « G ` Stat of Washington, residing at: Wliatcorn CounC-7 4•0� My Commission Expires; 7/31/2018 ''�,, r'� °?'�•"""`�G'.�`, ATE This proposal form is not transferable and any alteratio'P f'"4i'�` fir. name entered hereon without prior permission from Whatcom County Flood Control Zone District will be cause for considering the proposal irregular and for subsequent rejection of the bid. 13 Strider Construction Co., Inc. 57 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, Strider construction Co., Inc. Travelers Casualty and Surety of Bellingham, Washington as principal, and the Company of America a corporation duly organized under the laws of the State of Connecticut and having its principal place of business at Seattle in the State of Washington, as Surety, are held and firmly bound unto Whatcom County Flood Control Zone District a quasi -municipal Corporation in the State of Washington, in the full and penal sum of five percent (5%) of the total bid amount appearing on the bid proposal of said principal for the work hereinafter described, for the payment of which, well and truly to be made, we bind our heirs, executors, administrators and assigns, and successors and assigns, jointly and severally, firmly by these presents. The condition of this bond is such that, whereas, the principal herein is herewith submitting his or its bid proposal for "2016 Swift Creek Sediment Removal, Project No. 716004", bid proposal, by reference thereto, being hereby made a part hereof. NOW, THEREFORE, if the said bid proposal submitted by the said PRINCIPAL be accepted, and the contract be awarded to said PRINCIPAL, and if said PRINCIPAL shall duly make and enter into and execute said contract and shall fumish the performance bond as required by the bidding and contract documents within a period of ten (10) days from and after said award, exclusive of the day of such award, then its obligation to pay the above -mentioned penal sum as liquidated damages shall be null and void, otherwise it shall remain and be in full force and effect. SIGNED AND SEALED this 27th day of September `trP/f,'! Strider Construction Co., Inc. Principal_------? F G+,�� T�C;•,a Byeg E AL . Kyle J. peMardt,y E., ViceTresident _0_ Travelers Casualty and Surety Com any of America = C 7 Surety By Juiie M. hover, Attorney-ln-Fact f�,, '1SHINS \1\1 4P rrrrrvritrtjr��e The Attorney -in -fact who executes this bond on behalf of the surety company, must attach a copy of his power -of attorney as evidence of his authority. 14 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ® POWER O ATTORNEY ° L ",J Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 230854 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the Iaws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Julie M. Glover, S.M. Scott, Michael A. Murphy, Jim W. Doyle, Andy D. Prill, Jim S. Kuich, Chad M. Epple, Steve Wagner, Theresa A. Lamb, Carl M. Lovested III, Patti White, and Teresa Glombecki of the City of BOthe�l State of. _%aSillnt0it their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by laws. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this _ _ _ 12th day of July 2016 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United .States Fidelity and Guaranty Company is, rQrc"aI'.9t�xJaru.� ✓q` ��st Ytis'L� �>�r .��' � ..' .� ti ✓s 4NN'ys '\ 4 � �.tli) AFHb� State of Connecticut City of Hartford ss. 1 Robert L Raney, Senior Vire President On this the _ ,__ 12th day of July 20 t6 , before ❑re personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, hie., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St, Paul Mercury Insurance Company, Travelers Casualty and Surety Company. "Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instnurrent for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. 3TAR My Commission expires the 30th clay of Jane, 202 L Terreault, Notary Public 58440-5.16 Printed in U.S.A. OF 59 OF This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St, Paul Guardian Insurance Company, St. Paul Mercury insurance Company, Travelers Casualty and Surety Company, 'Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with tine Company's name and seal with the Company's seal bonds, recogtizances, contracts of indenmity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given hint or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary mid duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked, r -- f+F7 ,� / 3N TESTIMONYniYIiEREOk , I have hereunto set my !land and affixed the seals of said Companies this x�____� day of � G �-f... fG d.'� Kevin E. Hughes, Assistant�A7 �n:;Uti� ��yrLYW Y��"� �. f N H.S� '"^,•"4'a�gr: r . p �u; 2+}.i` i�4 + � cs ✓t1CORgUPAtfD ( +„> r 1 ;r` t 9 a a vW. e X naxtfoao, rtt, ,an, a �' f i� cc m fpa6 y\%k��,�;,i'�y f11. c'' 7��,'�9�x�F,i To verify tine authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.coni. Please refer to the .Attorney -hi -Fact number, the above -named individuals and the details of the bond to which the power is attached. WAVOII iGx: T141S POWER OF /V70RN)EY IS IWAUD WIri.10t31' I iF.. I-IFD BOrtDGFi • E WNA TCn 44rn tWTY rnVNCIL A GENDA BILL NO. 2016-300 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: James P.Karcher, P.E. �� ' 4e.lG 7 , �%/ V E �.r�.i I �C) 10/11/2016 Finance/Council Division Head: Z°� �fr Joe Rutan, P.E. _ 0 i"J g t �i $ .; COUNTY COUNCIL Dept. Head: Jon Hutchings Z j� Prosecutor: Daniel Gibson j, 0913 / Purchasing/Budget: Brad Bennett Executive: Jack Louws 'C TITLE OF DO U T. Approval for Cont act Award and Execution of the construction contract for the Marine Drive/BNSF Bridge #172 Bicycle Warning System, CRP No. 915012, to Sail Electric, Inc. ATTACHMENTS: 1. Memo 2. Bid Tabulation 3. Project Narrative 4. Project Cost Breakdown 5. Approval for Contract Award SEPA review required? ( ) Yes (x ) NO Should Clerk schedule a hearing? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes (x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Public Works respectfully requests that the County Council authorize the County Executive to award and enter into a contract with the low bidder, Sail Electric, Inc., for the Marine Drive/BNSF Bridge #172 Bicycle Warning System, CRP No. 915012. COMMITTEE ACTION.• COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. 61 WHATCOM COUNTY CpM 0o Joseph P. Rutan, P. E. PUBLIC WORKS DEPARTMENT P ay County Engineer/Assistant Director 3 ; 322 N. Commercial Street, Ste 301 Jon Hutchings cr Bellingham, WA 98225-4042 `� s' Phone: 360 778-6210 Director Niao� Fax: (360) 778-6211 MEMORANDUM To: The Honorable Jack Louws, Whatcom County Executive and The Honorable Whatcom County Council Through: Jon Hutchings, Director... From: Joseph P. Rutan, P.E., County Engineer/Assistant Directo James P. Karcher, P.E., Engineering Manager f� Date: September 28, 2016 Re: Marine Drive / BNSF Bridge #172 Bicycle Warning System CRP No. 915012; Bid No. 16-52 Construction Contract for Award Attached for your review and signature is the standard construction contract award package for the Marine Drive / BNSF Bridge #172 Bicycle Warning System, CRP No. 915012. This package consists of the following: agenda bill, approval for contract award, tabulation of all bids, project cost breakdown, and project narrative. Requested Action Public Works respectfully requests that the County Council authorize the County Executive to award and enter into a contract with the low bidder, Sail Electric, Inc. Upon receipt of the signed Approval for Contract Award form, Public Works will submit the construction contract to the County Executive for contract execution. Background and Purpose This project entails the installation of a radar / flashing beacon warning system to detect bicycles and pedestrians approaching Whatcom County Bridge #172. Bid proposals for the project were opened at 2:30 p.m. on Tuesday, September 27, 2016. A total of two (2) responsive bids were received, with Sail Electric, Inc. being the lowest responsible bidder in the amount of $101,420. The project is listed as Item No. 16 on the 2016 Annual Construction Program. Funding Amount and Source The total project budget is $200,000 of local funds. Sufficient funds and budget authority exist within the 2016 Annual Construction Program to cover this contract. Please contact Jim Karcher at extension 6271 if you have any questions or concerns regarding this contract. In accordance with W.C.C. 3.08.090, 1 concur with this recommendation: ,Sara , Purchasing CQordinatar Date 62 v T ao c .0 v v N N m Ln N a-1 Ql bin Z -a a C � m U h z m c v Q� C v m Z 80 0 0 5 00 0 O n N U o a� s~ � U w o a. W ua 3 ab c g oCISa o oa AJ w� o w O vU o M w ai > 8 44� No O o 0 0 0 •� z o. n rn o Q O O .5 olkn ~ C r- w sv cd o — — » N cd o` w o o 0 0 tay ) ✓ w _ 2 0 _ d m rn m F w T. Cd U m O W .o a 0 J t» v> tt> n T U C.� j a ' ✓ 0 O 0 O 0 O 0 O o c 8 4 0 O o r o m C= o� o u' cd U 4 U C. o o S w O S 3 ) v o o \ `�tettnaauPP!!! n�. ti m w ry, \\\\ Ato cp CO CL Z C6 _1 w J J Q .fl !� a7 Z z W DO o � CY ate+ S•" 3-+ N �.D O U s U 0 b. o •N ..0 Q U w N a O c U N N w n N N w p Q > z w a W a o w o U LL W w ~ c H 0 W Z O Df z a U N •� p. -0 g o w r- W m z OO �•bn c N d a U W O E d Z > o b N U O d bn c 'E v U U m v c N .-I Ln 0 2 3 Q 0 ci CD Ln c-I m bn C N 73 m c0 Whatcom County Public Works Project Narrative Marine Drive/BNSF Bridge #172 Bicycle Warning System CRP No. 915012 Construction Funding Year(s): 2016 Project Narrative: This project is located in Section 15 of T38N, R2E. The work involves installation of a bicycle/slow moving vehicle warning system on the Marine Drive bridge over the BNSF railroad tracks. This project is listed #R20 on the 2016-2021 Six -Year Transportation Improvement Program. Project Status: Design, permitting, and construction to occur in 2016. Total Estimated Project Cost: $150,000 Expenditures to Date: $25,000 Funding Sources: Federal $0 State $0 Local $150,000 Environmental Permitting SEPA, CLR/CAO Right -of -Way Acquisition (Estimate) N/A County Forces (Estimate) N/A JOSEPH P. RUTAN, P.E. WHATCOM COUNTY PUBLIC WORKS DEPARTMENT Jon Hutchings Director Proiect Phase Preliminary Engineering Right of Way Contract Constr Engr, Insp, Testing and Contingency Total P C0M a 02 s 0 Project Cost Breakdown County Engineer/Assistant Director 322 N. Commercial Street, Ste 301 Bellingham, WA 98225-4042 Phone: (360) 778-6210 Fax: (360) 778-6211 Marine Drive / BNSF Bridge #172 Bicycle Warning System CRP No. 915012 Bid No. 16-52 ***************** Funding Source ****************** Whatcom County Total $25,000 $25,000 $0 $0 $101,420 $101,420 $15,000 $15,000 $141,420 $141,420 Marine Bike Award Proj Cost Breakdown 65 WHATCOM COUNTY prom Co Joseph P. Rutan, P. E. PUBLIC WORKS DEPARTMENT 6 County Engineer/Assistant Director 3 � i 322 N. Commercial Street, Ste 301 Jon Hutchings Bellingham, WA 98225-4042 �q or Phone: (360) 778-6210 Director shi"�� Fax: (360) 778-6211 Marine Drive / BNSF Bridge #172 Bicycle Warning System CRP No. 915012 APPROVAL FOR CONTRACT AWARD Approval is hereby granted to award the Contract as follows: Project: Marine Drive/BNSF Bridge #172 Bicycle Warning System, CRP No. 915012 To: Sail Electric, Inc. In the amount of their bid proposal $101,420.00 including all taxes. Whatcom County Executive Approving Authority Daniel L. Gibson Chief Civil Deputy Prosecutor Date Date «01 WHATCOM COUNT' COUNCIL AGENDA BILL NO. 2016-301 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: ED 9129116 10/11/16 Finance/Council j ��•_. l�:_ IILL tl 1.� �� C Division Head: G� Dept. Head: IT/9 11t Olk" N 1) 42016 COUNTY COUNCIL Prosecutor:��Q�l�WHN[COM Purchasing/Budget. Executive: (® TITLE OF DOC NT. Amendment to Contract for Water Quality Analytical Testing Services ATTACHMENTS: 1. Memo 2. Contract Information Sheet 3. Contract and Exhibits SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Public Works conducts routine water quality monitoring at approximately 90 sites throughout Whatcom County coastal drainages. Additionally, water samples have been collected at approximately 30-45 focus area sites. The data is used to track patterns in water quality, identify high priority areas for water quality improvement projects, and work with community members to identify solutions. As the Pollution Identification and Correction Program has expended, additional sampling in focus areas is being conducted to support source tracking. Edge Analytical Labs was selected through a competitive bid process and will provide laboratory analysis of surface water samples for bacteria analysis as described in the attached exhibit. This amendment provides an increase in the budget to support analysis of additional samples. COMMITTEE ACTION. • COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing andprinting on the County's website at: www.co.wlzatcom.wa.us/council. lot WHATCOM COUNTY PUBLIC WORKS DEPARTMENT )on Hutchings DIRECTOR TO: The Honorable Jack Louws, County Executive THROUGH: Jon Hutchings, Public Works Director- ke" 't\ d 11-11 FROM: Gary Stoyka, Natural Resources Manager Erika Douglas, Senior Planner RE: Amendment to Contract with Edge Analytical Labs Water Quality Analytical Testing Services DATE: September 28, 2016 ADMINISTRATION CIVIC CENTER 322 N. Commercial Street, Suite 210 Bellingham, WA 98225-4042 Telephone: (360) 676-6692 FAX: (360) 738-4561 www. whatcomcounty. as ]Hutch in@co. whatcom. wa. us Enclosed are two (2) originals of Amendment No. 2 of the Agreement for Services for water quality analytical testing services between Whatcom County and Edge Analytical Laboratories for your review and signature. ■ Requested Action Public Works respectfully requests the County Executive to amend a contract for the Edge Analytical Laboratories for water quality analytical testing services to increase the budget by $30,000. ■ Background and Purpose Whatcom County contracts to provide bacterial analysis of water samples to support the Pollution Identification and Correction (PIC) program and Whatcom County shellfish protection districts. Additional water quality sampling is being conducted in PIC focus areas requiring analysis on a greater number of samples. ■ Funding Amount and Source The budget amendment would result in a total budget in 2016 not to exceed $97,500. Funding is provided through the 2016 approved Natural Resources budget. Please contact Erika Douglas at extension 6294, if you have any questions or concerns regarding the terms of this agreement. Encl. WHATCOM COUNTY CONTRACT Whatcom County Contract No. INFORMATION SHEET Originating Department: Public Works PrOgratn/PrOjeCt: (i.e. Dept. Division and Project) Natural Resources, PIC Contract or Grant Administrator: Erika Douglas Contractor's / Agency Name: Ed e Analytical Laboratories Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes X No ❑ Yes ❑ I X If Arr�er�dment or Renewal, (per WCC 3.08.100 (a)) Or�gir�al Contract #: 201504015 Does contract require Council Approval? Yes ❑ No X If No, include WCC: 3.08.100 (see Whatcom County Codes 3.06.010, 3.08.090 and 3.08.100) Is this a grant agreement? Yes ❑ No X If yes, grantor agency contract number(s): CFDA#: Is this contract grant funded? Yes ❑ No X If yes, Whatcom County grant contract number(s): Is this contract the result of a RFP or Bid process? Contract Yes X No ❑ If yes, RFP and Bid number(s): RFQ 14-69 Cost Center: 813002 Is this agreement excluded from E-Verify? No ❑ Yes X If no, include Attachment D Contractor Declaration form. If YES, indicate exclusion(s) below: ❑ Professional services agreement for certified/licensed professional. X Contract work is for less than $100,000. ❑ Contract for Commercial off the shelf items (COTS). ❑ Contract work is for less than 120 days. ❑ Work related subcontract less than $25,000. ❑ Interlocal Agreement (between Governments). ❑ Public Works - Local Agency/Federally Funded FHWA. Contract Amount: (sum of original contract amount and any Contracts that require Council Approval (incl. agenda bill & memo) prior amendments): • Professional Services Agreement above $20,000. $ 67,500 • Bid is more than $50,000. This Amendment Amount: • Professional Service Contract Amendments that have an increase greater than $20,000 and other contracts with a $ 30,000 cumulative increase greater than $50,000. Total Amended Amount: $ 97,500 RENEWALS: Council approval is not required when exercising an option to renew that is provided in the original contract. Summary of Scope: The purpose of this contract renewal is to provide laboratory analysis of water samples to support the County's Pollution Identification and Correction (PIC) Program and shellfish protection districts. Term of Contract: 01/01/16-12/31/16 Expiration Date: 12/31/16 Contract Routing: 1. Prepared by: E. Douglas Date: 2. Attorney signoff• Daniel L. Gibson Date: 3. AS Finance reviewed: mcaldwell Date: 4. IT reviewed (if IT related): Date: 5. Contractor signed: Date: 6. Submitted to Exec.: Date: 7. Council approved (if necessary): Date: 8. Executive signed: Date: 9. Original to Council: Date: 9/28/16 09129116 9/29/16 on Ft WHEREAS, An AGREEMENT (Whatcom County Contract No. 201504015) was entered into between Whatcom County and Edge Analytical Laboratories on April 29t", 2015 for the purpose of water quality analytical testing services and, WHEREAS, the contract was amended on February 3'd, 2016 to renew the contract for one year. WHEREAS, additional focus area water quality sampling has been incorporated into the Whatcom County Pollution Identification and Correction (PIC) program requiring analysis of a larger number of samples. WHEREAS, the parties are desirous of analyzing additional samples beyond the scope of work in Contract No. 201504015-1; and, NOW BE IT THEREFORE AGREED, that Exhibit "A" of Contract No. 201504015, shall be amended to include additional sample analysis as presented in Exhibit A-2: NOW BE IT THEREFORE FURTHER AGREED, that Exhibit "B" of Contract No. 201504015, shall be amended to provide an additional $30,000.00 in compensation as presented in Exhibit B-2. 70 ,IN WITNESS WHEREOF, the parties have signed this Amendment for Contract No. 201504014 for water quality analytical testing services, this day of October, 2016. Contractor: Edge Analytical Laboratories Ben Miller, VP of Support Services STATE OF WASHINGTON ) COUNTY OF WHATCOM ) ss. On this �, / day of t ?1,f'l -�016, before me personally appeared to me known to be the person individually or jointly described in and who executed the above instrument atdilocnowledged to meWOTA�RY ni sealing thereof. iy UBLTC inand for t e State of Washington, residing at 411el) r � My commission expires: FDVA4 WHATCOM COUNTY: C� Jack LOUWs, County Executive for the Flood Control Zone Dist STATE OF WASHINGTON ) / Gl- i COUNTY OF WHATCOM ) ss. On this day of , ? 16, before me personally appeared Jack Louws, to me known to be the person individually oyjointly described in and who executed the above instrument and who acknowledged to me/the act of signing and sealing thereof. i APPROVED 'At TO FORM: NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: DEPARTMENTAL APPROVAL: Daniel L. Gibson, Chief Civil Deputy Jon Hutchings, Director, Public Works Prosecuting Attorney 71 WHATCOM COUNTY: Recommen d for pproval: Jon u chings, Public Works Director Date Approved as to form: Daniel L. Gibson Date Whatcom County Chief Civil Prosecuting Attorney Approved: Accepted for Whatcom County: By: Jack Louws, Whatcom County Executive for the Flood Control Zone District STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 20 _, before me personally appeared Jack Louws, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires 72 EXHIBIT "A-2" (SCOPE OF WORK) WATER QUALITY ANALYTICAL TESTING SERVICES Contractor shall maintain Washington State Department of Ecology laboratory accreditation throughout the term of this agreement. Surface water samples will be analyzed for fecal coliform bacteria and E. coli (in some circumstances) through December 2016. Approximately 150 routine samples per month will be delivered to Contractor for fecal coliform analysis. Samples will be delivered in five groupings, described below, and will be scheduled one month to one quarter in advance of delivery. During the dry season, the number of samples will be reduced based upon stream flow. Sample Groupings: Drayton- 34 samples • Portage-19 samples ® Terrell+Coastal- 38 samples Terrell-18 samples Chuckanut-8 freshwater, 5 marine e Tenmile-10 samples Between 60 and 80 focus area samples per week or every two weeks will be delivered to Contractor for fecal coliform analysis. The number of samples will fluctuate with the season and stream flow. A subset of samples may be analyzed for both fecal coliform and E. coli and will be clearly labeled on the chain of custody (COC). Sampling runs will be scheduled one month to one quarter in advance of delivery and the schedule will be shared with Contractor at least one week prior to the first sample run of the quarter. During the dry season, the number of samples will be reduced based upon stream flow. Additionally, follow up samples may be collected in response to elevated bacteria results observed during routine sampling run or in focus areas. Edge will be contacted prior to collecting follow up samples to determine if extra samples can be accepted. Fecal coliform bacteria samples will be analyzed by Contractor in accordance with the Whatcom County Water Quality Monitoring: Fecal Coliform Quality Assurance Project Plan. Fecal coliform bacteria will be enumerated using the membrane filtration method, Standard Method (SM) 9222D for freshwater samples, SM9222E for marine samples, and for E. coli using SM9222G (APHA et al. 2005). Analytical methods are summarized in Table 1. Other analytical methods for bacteria analysis can be considered and approved through written documentation. Contractor will provide reuseable, sterile bottles for sampling and a larger bottle will be provided for lab duplicate samples. Sample bottles will be packed tightly with ice in the cooler immediately upon collection and hand delivered to the laboratory. All sample containers will be labeled with a self-adhesive label including sample identifiers. Samples will be accepted for analysis only if the temperature control is measured below 100C at the time of sample submittal, unless the samples have been collected within two hours of submittal and were immediately placed on ice. A COC provided by Contractor will accompany all samples to the laboratory. Samples may be delivered to Contractor between 8:30am to 5:30pm Monday through Thursday and 8:30am to 4:30pm on Friday. 73 Contractor will follow their quality assurance/quality control (QAQC) plan. This includes analysis of blanks pre, mid, and post batch of 20 samples and a lab duplicate for 10% of samples analyzed. Fecal coliform results will be flagged when the number of colonies grown on a plate falls outside limits for the method. Table 1. Summary of sample handling and analytical methods-. Parameter Description Method Sample Preserve Max Holding Precision/ Container Time Quantitation Limits Fecal Membrane filtration SM 9222D PE, 125 - 10 °C, 8 hours 1 cfu/100mL coliform method 250 mL, dark (delivered to bacteria sterile lab within 6hrs) Fecal Multiple tube SM 9221E 125 or t0 °C, 8 hrs (deliver to 2 FC/100ML lab within 6 coliform fermentation method 250mL dark bacteria (MPN) sterile hrs bottle E. coli MF partition method SM 9222G 125 or 10 °C, 8 hrs (deliver to 2 cfu/100mL lab within 6 bacteria following MF for 250mL dark fecal coliform sterile hrs bottle 'APHA et at., 2005. Standard Methods for the Examination of Water and Wastewater, 21 ' Edition. Notice of preliminary results will be sent via e-mail to edouglas@co.whatcom.wa.us co.whatcom.wa.us and posted to the Edge Analytical Laboratories website within 2 working days of sample delivery for fecal coliform analysis. Preliminary results exceeding 200FC/100ml- will be reported within 24 hours of sample submission. Final reports will be provided within 10 working days of sample submission. Contract for Services Amendment 2 Edge Analytical Laboratories 74 EXHIBIT "B-2" (COMPENSATION) As consideration for the satisfactory provision of the services described in Exhibit A-2, Scope of Work, the County agrees to reimburse the contractor according to the rates set forth below in an amount not to exceed $97,500 for the time period provided in Exhibit A-2, except as may be altered by mutual written agreement of the parties. Payment shall be based on at least monthly invoices. Approximate County Cost Estimated Number of Samples Per Sample Cost 2016 Fecal Coliform- 1,300- 1,725 $ 20.00 $ 26,000.00 Routine Fecal Coliform- 2,340-3,200 $ 20.00 $ 58,800.00 Focus Areas Fecal Coliform- 100 $ 20.00 $ 2,000.00 Marine Sites Fecal Coliform & 105-210 $30.00 $ 3,840.00 E.coli Follow Up Sampling See rates above $ 6,860.00 Total not to exceed $ 97,500.00 Contract for Services Amendment 2 Edge Analytical Laboratories 75 WNATCnM CnTINTY COUNCIL AGENDA BILL NO. 2016-302 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: JAH 813112016 �-a (C:;' t � �/�%� E D 10/11/16 Finance/Council Division Head: JW 8/31/2016 Dept. Head: RAD 91212016 Prosecutor: � -� - (�j Wjj�IGOM COUNTY Purchasing/Budget: COUNCIL Executive: 0 TITLE OF DOCU NT. Draft 2016 Whatcom County Comprehensive Solid and Hazardous Waste Management Plan Update ATTACHMENTS. 1. Cover Memorandum 2. Draft 2016 Whatcom County Comprehensive Solid and Hazardous Waste Management Plan Update 3. Response to Comments 4. Resolution of Adoption SEPA review required? ( X ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes (X ) NO SEPA review completed? (X ) Yes ( ) NO Requested Date: September 13, 2016 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Chapter 70.95 RCW, Solid Waste Management- Reduction and Recycling requires local jurisdictions to update comprehensive solid waste management plans every five years. The 2016 draft update to the existing plan describes the current solid waste system and makes recommendations for the planning period. The draft update has been reviewed and approved by the Solid Waste Advisory Committee and Solid Waste Executive Committee, received review and comment by the Department of Ecology and WUTC, and received public comment through both SEPA and separate solid waste program required reviews. Pending council review and approval, the draft update will be submitted to Ecology for final post -adoption approval as per RCW 70.95. COMMITTEE ACTION.• COUNCIL ACTION.• Related County Contract #. Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.usleouncil. We WHATCOM COUNTY Health Department Leading the community in promoting health and preventing disease. Regina A. Delahunt Director Greg Stern, M.D. 0 5CY'EIVED TO: Jack Louws, County Executive FROM: Regina Delahunt, Director JACK L-OMS DATE: September 1, 2016 L.MN EXECUTIVE SUBJECT: Draft Whatcom County 2016 Comprehensive Solid and Hazardous Waste Management Plan Update Please find attached an Agenda Bill and copy of the Draft Whatcom County 2016 Comprehensive Solid and Hazardous Waste Management Plan Update for council review and approval by resolution. Chapter 70.95 RCW, Solid Waste Management- Reduction and Recycling requires local jurisdictions to update comprehensive solid waste management plans every five years. The draft update to the existing plan describes the current solid waste system and makes recommendations for the planning period. The draft update has been reviewed and approved by the Solid Waste Advisory Committee and Solid Waste Executive Committee, received review and comment by the Department of Ecology and WUTC, and received public comment through both SEPA and separate required solid waste program reviews. The Response to Comments summary is also attached. The final draft update proposes no structural changes to the existing solid waste system. Recommendations, presented as goals and actions, are provided in summary form in tables at the end of each applicable chapter, as indicated in the plan table of contents. Primary goals and actions include increasing waste reduction and recycling community education and outreach, evaluation of regulatory changes to increase efficiency and management, supporting emergency management efforts to develop a disaster debris management plan, engaging with specific communities such as Pt. Roberts to identify potential improvements to levels of service, and increasing management options for special wastes such as organics, construction debris and waste pharmaceuticals. Pending council review and approval, the draft update will be submitted to Ecology for final approval, as per RCW 70.95. Please call Jeff Hegedus at ext. 6044 if there are any questions. Thank you. 509 Girard Street 1500 North State Street Bellingham, WA 98225-4005 PUBLIC HEALTH Bellingham, WA 98225-4551 (360) 778-6000 VV,'A`' ��;.R%U--4G r-0P,-e SA �"'r ANB (360) 778 6100 HEALTHIER WHATCOM COUNTY FAX (360) 778-6001 wwwwhatcomcounty.us/health FAX (360) 778-6101 InWhatcomCountvHealth WhatcomCoHealth 77 PROPOSED BY: INTRODUCED: RESOLUTION NO. A RESOLUTION ADOPTING AN UPDATE TO THE WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN WHEREAS, Chapter 70.95 RCW, Solid Waste Management- Reduction and Recycling requires local jurisdictions to update comprehensive solid waste management plans every five years; and WHEREAS, the approved 2008 Whatcom County Comprehensive Solid and Hazardous Waste Management Plan requires updating; and WHEREAS, the Whatcom County Health Department Solid Waste Division, working in conjunction with the Solid Waste Advisory Committee, has drafted an update to the plan; and WHEREAS, the draft update to the plan is in compliance with SEPA requirements, and has received a Determination of Non -Significance; and WHEREAS, the draft update to the plan has received preliminary review and comment by the Washington Department of Ecology; and WHEREAS, the draft update to the plan has received review and comment by the Washington Utilities and Transportation Commission; and WHEREAS, the draft update to the plan has received public review and comment through two advertised public comment opportunities, in addition to Solid Waste Advisory Committee participation; and WHEREAS, all public, agency and committee comments to the draft update to the plan have been considered and incorporated; and Page 1 WHEREAS, on July 19, 2016 the Solid Waste Executive Committee, comprised of the Mayors and County Executive, as per interlocal agreement, unanimously approved a recommendation to submit the draft update to the plan to the Whatcom County Council for approval; NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that it adopt the 2016 Whatcom County Comprehensive Solid and Hazardous Waste Management Plan, attached hereto and by this reference incorporated herein, as an update to the 2008 Whatcom County Comprehensive Solid and Hazardous Waste Management Plan. BE IT FURTHER RESOLVED that the adopted plan shall be submitted, as required by law, to the Washington Department of Ecology for post -adoption final review and approval. APPROVED this day of , 20_. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council Barry Buchanan, Council Chair APPROVED AS TO FORM: xeo Royce Bt� y , Civil Deputy Prosecutor Page 2 79 Whatcom County Response to Comments Preliminary Draft Revision Dated July 16, 2015 Comprehensive Solid and Hazardous Waste Management Plan Whatcom County, Washington Ed Nikula, Whatcom County Solid Waste Advisory Committee Received July 20, 2015 1. I have reviewed the plan and only one question. In Appendix E, table 4.1.1 Recomps tons are shown as about 11,000. Is this county tons only and excludes City of Bellingham? Response: The 11,663.25 tons presented in the Cost AssessmentQuestionnaire Table 4.1.1 is the total quantity of solid waste handled, as reported by RDC as per VAC 173-350-310(d), Intermediate solid waste handling facilities, at their permitted solid waste handling facility. Amber Jones, Whatcom County Solid Waste Advisory Committee Received July 22, 2015 1. Sections 1.2.4 and 6.1. Remove `with the exception of Bellingham' as we do offer a 32 gallon service to those customers as well. Response: "... with the exception of Bellingham" will be removed from the text in both sections. 2. Section 1.8.1. Date should be changed to July 2015. Response: Based on the uncertainty at this time as to when local adoption will occur, the end date of the plan update process will be removed from the section. 3. Table 8-1, Goal 2.A. Sham recycling is still not defined correctly. The issue isn't recyclables being hauled to a landfill, the issue, which costs the county $8.50 per ton, is sham recyclers (companies that can only legally haul recyclables) illegally hauling garbage and calling it recycling. Response: Action 2.A will be revised to state "Investigate service provider compliance with applicable requirements to determine if there is an issue of illegally hauling solid waste under the guise of recycling, and enforce requirements as applicable. " 4. Table 4-2, Goal 3.B. SSC offers free waste audits; additional assistance with follow up on more properties is likely to increase participation and diversion. Response: While SSC may be providing this service, it may not be provided system -wide. Goal and associated actions developed by the SWAC Subcommittee and previously approved by SWAC remain valid. Action 3.A will be revised to state "Create or expand programs to provide... " 5. Table 4-2, Goal 3.C. SSC now uses photo labels on multi -family recycling containers, and offers Spanish & Russian decals by request. Response: While SSC may provide this service, it may not be provided system -wide. Goal and associated actions developed by the SWAC Subcommittee and previously approved by SWAC remain valid. 6. Table 4-2, Goal 3.D. The current schedule is EOW across the system, and customers who want weekly pick-up can request it at additional cost. Response: The SWAC Subcommittee developed Action 3.1) as a means of ensuring that the focus remains on means of improving multi family recycling action remains valid. Response to Comments 1 Whatcom County CSHWMP, July 16, 2015 Revision E:11i1 7. Section 5.1.1. Some areas in the east county don't have a F+ option either. Response. Text will be added to the section indicating that curbside collection is not available in some portions of eastern Whatcom County. 8. Glossary — The source for legally or legislatively defined terms in this glossary are: Response. The source ofglossary terms is Appendix A (Glossary of Terms and List of Acronyms) of the Department of Ecology's Guidelines for Development of Local Comprehensive Solid Wlaste Management Plans and Plan Revisions, Publication No. 10-07-005. A footnote to the glossary will be included that states the source. 9. Section 2.3.1. The source(s) for the following definitions is/are: [they can supply citation(s) ] Response. The source of definitions is Appendix A (Glossary of Terms and List of Acronyms) of the Department of Ecology Guidelines for Development of Local Comprehensive Solid Waste Management Plans and Plan Revisions, Publication No. 10-07-005. 10. Section 3.2. It should be noted that with contamination losses at <1%, Whatcom County's effective recycling diversion per capita is actually significantly higher than the state average, where contamination and processing losses from single stream recycling approach 25% by weight. Response. Comment will be incorporated into Section 3.2. 11. Section 4.2.2. While additional outreach will be helpful, it should be noted that the local multi- family program is now, and has been very successful since 1992. Over 95% of all multi -family complexes participate, with an average 30% recycling rate, and a contamination rate below 5%. These numbers are better than virtually all states in the nation achieve for single family curbside. Response. Comment will be incorporated into Section 4.2.2. 12. Section 8.1.5. The Washington Refuse & Recycling Association did, and can in the future cooperate through equipment and manpower sharing during manmade and natural disasters, to provide safe and effective handling of larger quantities of solid waste than normal. Response. Comment will be incorporated into Section 8.1.5. 13. Table 8-1, Goal 2.A. Sham recycling is the act of hauling material for disposal, when the service has been represented to the original customer as being recycling. This includes the hauler allowing the customer to place non -recyclable material in the supposed recycling container. Response. See response to Amber Jones Comment No. 3. 14. Section 9.1.3. Each ton of contaminated CDL or sham recycling bypassing Whatcom County transfer stations results in the loss of $8.50/ton in County solid waste tax revenues. Response: Noted. Comment is fairly specific relative to a section that provides a general discussion on waste management ystem financing. Response to Comments Whatcom County CSHWMP, July 16, 2015 Revision Polly McNeill, Attorney representing Sanitary Service Company, Inc. Received July 23, 2015 1. Section 9.1.2: This section should state, "The Flow Control Ordinance's designation of specific facilities has no legal significance, because it was determined to be unconstitutional by a federal magistrate." Simply taking out the inaccurate statement that the FCC) does not designate specific facilities is simply not enough, given the fact that the code language is still on the books. This situation is alluded to in the Financing discussion, and should be explicitly stated here in the section about the FCO itself because otherwise the entities operating under the current system appear to be in violation of County code. Response. Noted. An additional action 1.D will included stating that the county flow control ordinance will be reviewed and updated. 2. Section 8.2.1: Even though the flow control ordinance exempts C/D waste, state law still requires that it be hauled by the certified/contract company. According to the numbers in the Plan, C/D waste contains 11 percent residual waste and is not recyclable material. Following, "This amendment allows disposal of C/D waste at undesignated disposal sites, including site outside the county," the section should state, "Collection of such waste by unauthorized haulers results in illegal diversion of C/D waste and loss of excise tax funds to the County." Response. Noted. As stated above, potential flow control and sham recycling issues will be investigated, reviewed and responded to in the planning period. 3. Section 9.2 should include the following: "Under current conditions, the County is losing excise tax funds through loopholes in the system. One is that C/D waste is being delivered to out of county facilities following collection by unauthorized waste haulers. Another is that services being misrepresented to customers as recycling result in C/D waste being hauled for disposal without collecting or remitting the excise taxes due." Response: Noted. As stated above, potential flow control and sham recycling issues will be investigated, reviewed and responded to in the planning period. 4. Table 9-1 should include a Goal to "Reduce the diversion of excise funds from the system" and the related actions should include, "Monitor hauling C/D waste out of the county" and "Police construction job sites to ensure proper C/D waste handling practices." Response. As stated above, flow control and sham recycling issues will be reviewed and investigated 5. In Table 6-1, the Goal is to, "Ensure that collectors are providing the required minimum service to all providers," by taking action to, "Investigate complaints regarding collection services and correct deficiencies." Yet there is nothing about current conditions suggesting any concern that minimum service levels are not being provided, and we are not aware of complaints regarding legal solid waste collection services. A more meaningful way to state this is, "Ensure that collection of waste is being provided by authorized haulers." Response: <Allgoals, including Goal 9.,A, were developed through the SWIAC Subcommittee and vetted through the SWIAC. Goal from a system -wide perspective remains valid. 6. In Section 9.1.1: A new sentence was added in the description of Cities, saying, "The City of Bellingham has a municipal contract with SSC for collection, and an independent disposal contract." The description should note that the contract is for residential customers, and commercial are still governed by WUTC regulations. Response. Comment will be incorporated into Section 9.1.1. Response to Comments Whatcom County CSHWMP, July 16, 2015 Revision E:M Larry McCarter, Recycling & Disposal Service Inc. Received July 23, 2015 1. What SSC says about FCO is and isn't true. What is true is we need NEW disposal agreements between ALL disposal sites. Within the scope of those agreements we can agree to any level of recycling WE agree to be the right amount. We can agree to accept and recycle c/d waste too. And we can agree to pay a county tax for self haulers. Response: Comment noted. Diana Wadley, Washington State Department of Ecology Received November 25, 2015 Procedural Items that Must be Addressed Prior to Plan Approval 1. Resolutions of Adoption: Whatcom County and the cities with interlocal agreements need to approve the updated comprehensive solid and hazardous waste management plan prior to Ecology's approval of the final draft. Please include a statement assuring that the plan acceptance process outlined in the interlocal agreement has been fulfilled. Response: Text will be added to Section 1.3 indicating that "Eachparticipating jurisdiction, as represented by the Solid Wlaste Executive Committee through interlocal agreement, adopted this revision to the Plan prior to its approval by Ecology. " Diana Wadley Comment on January 15, 2016 Revision Received February 17, 2016: Thank you. It also appears you'll have the traditional appendix with the actual resolution of adoptions (Append. C.), which is great. Response: No response necessary. Items that Must be Addressed Prior to Plan Approval 1. Required: In various places in the plan, such as in section 1.3, section 6.1, in the WUTC Cost Assessment, and on the map on page 17, it is stated that the planning area of this plan does not include the eastern portion of the county, and that that portion of the county is included in the Skagit County plan. That is an incorrect, and Whatcom County needs to plan for its entire county. Please revise your draft accordingly to include the full county, including the populace, haulers, needs, etc. therein. Response: Because the Newhalem area is isolated from Wlhatcom County service provision bygeographical and transportation infrastructure constraints, solid waste management services are provided by Skagit County service providers. To provide clarity and compliance with solid waste planning requirements, an action 1.E will be added to Table 9.-1 stating that "Pursue an interlocal agreement with Skagit County that defines and establishes solid waste planning and service provision responsibilities in the Newhalem/Diablo area. " Diana Wadley Comment on January 15, 2016 Revision Received February 17, 2016: Thank you. Please pay attention to all areas of the plan pertaining to this. For example, looking at section 2.1 of the Track Changes version, it appears the sentence, "This portion of the county constitutes the solid waste management planning area and encompasses 755 square miles, including the incorporated municipalities of Bellingham, Blaine..." needs changed, since your planning area is the whole county (minus about 25 square miles of reservation land). There is also a sentence in 2.1.1 that says, "The eastern portion of the county, not included in the study area, is typically mountainous." which will need the middle piece deleted. It would also be good to remove the "both the western and central portion of" from this Response to Comments 4 Whatcom County CSHWMP, July 16, 2015 Revision sentence in section 1.3, "The Plan encompasses both the incorporated and unincorporated areas of the western and central portion of the county, with the exception of the Lummi and Nooksack reservations." Response: Comment will be incorporated as suggested. 2. Required: Please correct Figure 2, the map of the planning area to encompass the eastern portion of the county, and highlight to show the Nooksack and Lummi reservations. Response: Figure 2-1 will be revised to indicate the locations of the Nooksack and Lummi reservations. Please refer to the response to Diana lladley Comment No. 1 (Items that Must be Addressed) regarding inclusion of the eastern portion of Wlhatcom County into the planning area. A Figure 2 2 will be added that shows the western portion of Wlhatcom County, including city limits, urban growth areas and rural areas, and tribal lands in greater detail. Diana Wadley Comment on January 15, 2016 Revision Received February 17, 2016: Great start, but I don't see a purple line that correlates with the "Planning Area" given in the legend. Please add it, and when you do so, please draw it such that it includes all county lands (including federal), but does not include tribal lands. Response: The purple `Planning Area" line is embedded in the "County Boundary" line. The figure will be revised to make more discernible, and to make clear that tribal lands are not part of the Planning Area. 3. Required: While it is understood that the solid waste system in Whatcom County is almost fully privatized, the county must still look ahead and ensure adequate facilities are in place. Additionally, the County is still responsible for its closed solid waste handling facilities (landfills). Please discuss with greater specificity the projected waste in relation to facility capacities and capabilities, as well as post -closure needs, with an eye on the six- and twenty- year planning horizons. For example, this could be expounded upon in section 2.3.8 and/or section 7.2. This will help you meet the requirements for: - A six -year construction and capital acquisition program for solid waste handling facilities. (Note: The date of the first year referenced in the six -year capital and acquisition projection will also mark the beginning of the new five-year planning window. Looks like from the rest of the plan that you'd want the first year to be 2016.) - The estimated long-range needs for solid waste handling facilities projected twenty years into the future. Response: Discussion will be included in Section 2.3.8 and Section 7.2, and an action added to Table 7-3 indicating that the County will work with the private solid waste service providers to ensure that each is completing planning to maintain service capacity over the planning horizon. Diana Wadley Comment on January 15, 2016 Revision Received February 17, 2016: Adding the sentence, "The County will continue to work with the private solid waste service providers to ensure that facility capacity is constructed in advance of need." in section 2.3.8 is not specific enough. Please show you have already discussed the waste disposal and recycling projections with each of the major facility operators and that they have analyzed that information alongside their facility capabilities and given you feedback to either assure their ability to meet demand over the six -year horizon (2016-2021), or show their plans for (via capital or other major acquisitions they'll need) meeting demand, or if you'll need to explore other options. Please also show such analysis related to the longer 20-year timeline. We are not asking you to do a detailed analysis, but rather to use the waste projection data you already have in Response to Comments Whatcom County CSHWMP, July 16, 2015 Revision E-OV section 2.3.8 to inform a discussion around upcoming facility or capital needs over the six- and twenty-year horizons. Response: The following will be added as the second to the last sentence of Section 2.3.8 "Solid waste service Providers were apprised of these waste projections throughout development of this revision of the Plan and have ensured the County that they will continue to plan for and construct sufficient system capacity in advance of need. " 4. Required: Please distinguish how you designate an area "rural' or "urban" for the purposes of RCW 70.95.090 (7) (b). The 2008 plan included a map for this. This information could come more into play as the eastern portion of the county comes into the fold. Looks like the Kendall -Maple Valley area and/or Limited Areas of More Intense Rural Development mentioned in 9.2.1 could be unique, too. Response: Figure 2-2 will be added to the Plan (refer to response to Diana Wladley Comment No. 2 — Items that Must be Addressed) that will show city limits, urban growth areas (including the Kendall -Maple Falls LAMRD), and rural areas consistent with the County's current honing map. Diana Wadley Comment on January 15, 2016 Revision Received February 17, 2016: The proposed Figure 2-2 is a great start. Please show distinctly which of the Comprehensive Plan Designations given in the legend will be considered "rural" and which will be "urban" for the purposes of RCW 70.95.090(7)(b). All components of the map should be so specified, with the exception of tribal lands. Also please discuss how the updated map will correlate with the table and text given in Section 2.1.2. Does Newhalem/Diablo have the minimum program for collection of source separated recyclable materials as defined for rural areas in RCW 70.95.090(7)(b)(i)? The final sentence in section 2.1.3 mentions "community services" as part of what's discussed in the Whatcom Co. Comp Plan updated in 2014. I would consider programs for the collection of source separated recyclables to be a kind of community service. However, looking at that plan, I see in Chapter 5 that it is pulling information from the 1999 SWMP (though they should've been utilizing the 2008 plan at that time). Please ensure that future Comp Plans pull from this updated plan, especially since the Whatcom Co. Comp Plan notes that Newhalem is excluded, but in reality it must be included. In the meantime, please discuss in this Solid Waste Management Plan update how the minimum programs for the collection of source separated materials from residences in urban and rural areas are being met. Response: Figure 2-2 will be revised to more clearly designate "rural" and "urban" designations. Section 2.1.2 is specific to a description of the planning area - not services provided in that area; discussion related to source separation requirements in both incorporated and unincorporated portions of the county are presented in Section 4.1.1 (related to recycling) and Section 5.1.1 (related to organics collection). Diana Wadley Comment on January 15, 2016 Revision, Received March. 21., 2016: Section 4.1.1, is lacking a description of recycling in the unique Newhalem/Diablo area. Since the Newhalem/Diablo area is not required to have curbside recycling service per Whatcom County's Solid Waste Collection District exclusion described in WCC 8.11.010., please show readers that the area is meeting the minimum program for collection of source separated recyclables materials as defined for rural areas in RCW 70.95.090(7)(b)(i). My research concludes this area does meet the program requirements, as residents and businesses have the option to self -haul to local Response to Comments Whatcom County CSHWMP, July 16, 2015 Revision recycling depots. Thus, you could insert the following into section 4.1.1 to satisfy this requirement, if you concur. It could fit at the end of the second paragraph under the "Residential Curbside Recyclable Collection" section. "The unincorporated Newhalem/Diablo area is serviced by Waste Management and has an exclusion from mandatory curbside recycling service per WCC 8.11.010. However, this area meets the minimum program requirements for collection of source separated materials as described in RCW 70.95.090(7)(b)(i) through recycling depots to which residents may self - haul their recyclables." Response: Comment will be incorporated as suggested. 5. Required: Please include at least one example of each SWAC and SWEC minutes showing discussion of this plan. Response: Copies of SUTAC and SWEC meeting minutes discussing the Plan revision will be included in Appendix C. 6. Required: WUTC Comments: The WUTC conducted a formal review of the Plan and forwarded their comments to Ecology and to the County in a letter dated September 10, 2015. The WUTC comment letter, assigned as an attachment to Ecology's comments, showed no actionable items, but still must be attached to your Final Plan. Response. Text will be added to Section 1.8.4 indicating that the WITJTC issued a letter dated September 10, 2015 indicating that it had no comments on the draft revision of the Plan; the letter will be included in Appendix E. Other General Comments 1. Mention of any contracts or agreements between the County and the private facilities that manage the county's solid waste would be helpful. Response: Reference to any associated contractslagreements will be included in Sections 7.1.1 and 7.1.2. 2. Note that the State Plan has been published as of June 2015. Preferred names are the full name of The State Solid and Hazardous Waste Plan; Moving Washington Beyond Waste and Toxics or "the State Solid and Hazardous Waste Plan" The 2015 state waste plan update contains 53 goals with 177 supporting actions. It looks like the column "Connecting to Beyond Waste" in the table at the end of most chapters is ready to be updated to match the now -published plan. For example, here's a goal from the State Plan that seems very applicable to table 3-1 of your plan: "Goal SW 4: Waste generation will be reduced throughout the system by both businesses and residents." Other goals/actions from the state plan may also apply. Thank you for drawing connections between your plan and the State Plan! Response: Document will be revised to reflect 2015 adoption of the State Solid and Ha.Zardous Wlaste Plan. Connections to the Beyond Wlaste Plan in the goals and actions tables at the end of each applicable chapter will be revised to accurately reflect the Priorities and Key Principles presented in the Beyond Waste Plan; identification of each specific goal in the Beyond Wlaste Plan would make the goals and actions tables unwieldy and may generate confusion in trying to tie each Wbatcom County goal to all applicable Beyond Waste Plan goals. Response to Comments Whatcom County CSHWMP, July 16, 2015 Revision Et11 Figure 2-3 shows the Whatcom County Waste Stream Composition, but I had trouble finding the matching graph or data in the 2009 Waste Characterization Study (https://fortress.wa.gov/ecy/publications/sumtnarypages/1007023.html ). Please cite the page and source of data. Additionally, as I looked at the 2009 Waste Characterization Study data for Whatcom County (fortunately for you the only sample area for the Northwest Waste Generation Area!), I became unsure that Whatcom is as similar to the rest of the state as said in this draft plan. On page two of the study is Figure 1: Overall Statewide Disposed. Figure 29 on page 69 of 2009 study shows overall NW and reveals that of all the areas, this study area has the highest organics, and that organics seems to be the largest difference between Whatcom and the other study areas. Table 38 on page 85 shows NW's residential data. It shows residential organics at 49.2%! And of that, vegetative food was the highest portion, followed by animal manure. I just wonder if this reveals an opportunity you might want to address in the plan. Response: Figure 2-3 was created using the data for all four quarters/seasons specific to Wlhatcom County provided in the 2009 Study. 4. Due to the online nature of most Solid and Hazardous Waste Management Plans today, please include links to items discussed when possible. Examples include studies and Whatcom County Code referenced, and online databases/directories discussed. Response: Hyperlinks to on-line resources (e g., Revised Code of Vashington, Washington Administrative Code, llbatcom County Code, etc.) will be embedded in the document. 5. Please use "multifamily" instead of "multi -family," as that is how it is spelled in both County Code (8.10.060) and the Washington State Recycling Association study. Response: All references to "multi family" will be revised to "multifamily. " 6. Counties are encouraged to plan for disaster debris, whether within their solid waste management plans or via their emergency management teams. There is also a growing focus on this within the solid waste world as we are faced with increased severe weather events and seek solutions to mitigate climate change. An example of this is in the EPA's Sustainable Materials Management Program (SMM) Strategic Plan for FY 2017 — 2022 (see the built environment section): http://nrcrecycles.org/mobius/nrcwp- content/uploads/2015/02/SMM-Strategic-Plan October-2015.12df Ecology is aware and supportive of the current disaster debris planning efforts by Wallace Kost of the Whatcom County Sheriff's Office. I would encourage inclusion of participation in that effort as a goal or action within this plan. Section 8.1.5 seems primed to discuss it. Response: Discussion will be added to Section 8. 1.S andgoallaction associated with integration of waste handling and disposal efforts with the Division of Emergeng Management's emergency response documents will be added to Table 8.3. Diana Wadley Comment on January 15, 2016 Revision Received February 17, 2016: Thank you for the improvements to section 8.1.5. I ran this section by our specialist on disaster debris, who had some useful suggestions, including the below: 9 You might expand language to include the Health Department as having a role in approval of suitable alternative staging areas. The Sheriff and Health Department will need to work together for approval. This is important because Response to Comments Whatcom County CSHWMP, July 16, 2015 Revision FEMA will likely be asking if storage and management meets regulatory requirements. Federal reimbursement is usually tied to this. Because the work of "designating certain locations and facilities for accumulating large volumes of disaster debris..." will occur later, I suggest leaving the door open to unusual, temporary sites. A text edit that could accomplish this may be, "Disaster debris will be managed through the appropriate existing facilities, including transfer facilities, permitted inert waste landfills, building materials recovery centers, and composting facilities as feasible. The County may also need to designate certain locations and facilities for accumulating large volumes of disaster debris." • It is true that the Sheriffs Office is responsible for coordinating continuity of services (though local emergency management) but it is as a coordinating entity. The role of the Health Department should be identified this plan, including being at the table during response and recovery. • The certificated haulers have the right to the waste in their territories. Emergency situations don't negate that and most franchise agreements include contingencies. Additionally, not all certificated haulers are WRRA members, including a couple of the larger ones. I would suggest editing your text to remove this mention of the WRRA, unless you're aware of services that I am not. Response: The Department of Emergeng Management is actively completing the disaster managementplan, using the Snohomish County plan as a template. An update of this effort, and how it ties with solid waste, was presented to the SIVAC during its January 28, 2016 meeting. Citation of the Health Department's involvement in emergency response planning as well as designation of locations for large volumes of disaster debris, will be included in the text. Reference to W`RRA will be removed (note this was included perAmber Jones Comment No. 12). The County's Flow Control Ordinance (codified within County Code 8.15) requires that solid waste generated in the county be processed or disposed of at a designated waste facility. It appears to me that the code gives a mechanism by which new facilities may be designated as part of the system (County Code 8.15.080). Would it be helpful to include the agreements executed per County Code sections 8.15.080 (D) and 8.15.060(B) to show which facilities are designated and their responsibilities? Response: 1Ylhatcom County Code 8.15.030 currently designates disposal at the Recomp and Olivine facilities, both of which are no longer current. Table 9-1 will be revised to include update to I-VCC 8.15.030.E. 8. Diana Wadley Comment on January 15, 2016 Revision, Received March 21, 2016: We concur with the Polly McNeill Comment No. 1, in regard to the private solid waste facilities. Because the Point Roberts facility is on County property, however, it has the potential for flow control. Suggested text for the end of section 9.1.2 follows: "The Flow Control Ordinance's designation of specific private facilities has no legal significance, because it was determined to be unconstitutional by a federal magistrate." Response: Comment will be incorporated as suggested. Response to Comments Whatcom County CSHWMP, July 16, 2015 Revision E:1:3 Updated Response: June 14, 2016. Upon further consideration and discussion with Diana Wladley, the comment will not be incorporated. An additional action 1.D will be included stating that the county flow control ordinance will be reviewed and updated. Other Specific Comments by Section 1. In the Acronyms and Abbreviations section, for MFS, I would suggest saying, "Minimal Functional Standards, such as those found in Chapters 173-304 and 173-350 WAC." Response: Comment will be incorporated as suggested. 2. In 1.1 and 1.4, it appears this is only a solid waste management plan. However, this is a joint solid and hazardous waste management plan. Please make that clear, even if by simply pointing the reader to Chapter 11. Response: Sections 1.1 and 1.4 will be revised to sped that planning associated with ha..Zardous waste management has been in accordance with RCV 70.105 and is presented in Chapter 11. 3. In 1.2.5, are the five closed landfills the county landfills that are later referenced? Is so, you might clarify by adding the word "county." Also, "status" was spelled "statues." This section also says, "...in addition to several others regulated as MTCA sites." In Section 7.1.3, it says the two Y-Road closed county landfills are MTCA sites. Are there other landfills that are MTCA sites, and if so, should they be named as well? Or perhaps in this section you could limit to naming just the landfills accepting MSW and the closed landfills, and then provide greater detail in section 7.1.3 and point readers that way? Response: Comments will be incorporated as requested. Diana Wadley Comment on January 15, 2016 Revision Received February 17, 2016: Please further clarify the text in section 1.2.5. Specifically, if the two Y-road, county - owned landfills are the only closed landfills in the county currently under MTCA process, you might consider the following text:, "...While there are no active landfills, there are five closed county landfills maintained under permit in post closure status. Two of these landfills are regulated as MTCA sites (see Section 7.1.3.)" Response: Text will be revised to read "Other closed landfills, such as the Y Road landfalls, are regulated as MTCA sites (see Section 7.1.3). " 4. In section 1.3, the eastern portion of the county needs included, please. And regarding exclusion of the Nooksack and Lummi reservations, please show them (at least the Lummi) on the maps accordingly. Response: Please refer to the response to Diana iladley Comment No. 1 (Comments that Must be Addressed Prior to Plan Approval). 5. In section 1.5, please update to show that the State Solid and Hazardous Waste Plan has been completed as of June 2015 (http://www.ecy.wa.gov/wasteplan/index.html). Response: Comment will be incorporated as requested. 6. In section 1.6, it would be nice to have the names of the SWAC members by their positions (at the very least the subcommittee members). Response to Comments 10 Whatcom County CSHWMP, July 16, 2015 Revision Response: Do not concur. Section 1.6 describes the roles and make-up of the SWIAC and SWT—C and is meant to be applicable throughout the life of the Plan. Given the limited nature of committee service (less than the life of the Plan, listing specific individuals in Section 1.6 is not appropriate. Please note that specific SWIAC members thatparticipated in revision to the Plan are listed on the Acknowledgementspage of the Plan. 7. Suggested rewording of last paragraph of 1.8.4, mostly to avoid the word "amendment": "The County Health Department revised the Plan to address comments received from all parties. The revised preliminary draft was submitted to Ecology for its 120 day review and comment. Once the County incorporated Ecology's comments, the County carried out the local adoption process, including revisiting existing interlocal agreements .... (etc.)" Response: Comment will be incorporated as suggested. 8. In section 2.1.2, you say, "The U.S. Census defines rural areas as... " did you mean to say "urban" here? Response: Concur; text will be revised to indicate "urban" rather than "rural. " 9. In section 2.1, are there any larger waste -generating industries to note in Whatcom County, such as food processors, oil refineries, or pulp and paper mills? Response: There are no industries operating thatgenerate waste at quantities requiring specific planning relative to the countywide planning effort. 10. In section 2.2, please note when the incinerators closed. Response: Year the last incinerator ceased operation mill be included in the text. 11. In section 2.3.1, could note that waste reduction is sometimes called waste prevention. Response: Comment mill be incorporated as suggested. Diana Wadley Comment on January 15, 2016 Revision Received February 17, 2016: Thank you. A similar edit to the glossary's definition of "waste reduction" would be appreciated. Response: Comment mill be incorporated as suggested. 12. In section 2.3.2, it would be helpful to clarify what kinds of waste you are talking about. For example, the total 311,842 tons is inclusive of tons recycled, diverted, MSW AND industrial and inert wastes. It's everything. The percentages given are again of everything. It also would be helpful to include the type of waste disposed at BP, Cemex, and Greater Wenatchee. Only MSW is mentioned in this paragraph, but these facilities take other types of waste. Note also that the Cowlitz County landfill mentioned in section 7.1.1 is missing here. Also missing is Graham Road Recycling and Disposal (from your list of where the 8% (of non-MSW) goes. Thank you for including a complete list of facilities accepting various items, though. Such information may help inform people like Wally Kost working on the Disaster Debris Management Plan. Response: Comment will be incorporated as requested. Response to Comments Whatcom County CSHWMP, July 16, 2015 Revision 11 N11 Diana Wadley Comment on January 15, 2016 Revision Received February 17, 2016: Thank you for adding in the Graham Road Recycling and Disposal facility. To add in the Cowlitz Co. Headquarters Landfill, we offer this text edit suggestion for section 2.3.2: "...Most of the total solid waste generated in the county is MSW, with roughly 56 percent of total county wastes disposed of at Columbia Ridge landfill in Arlington, Oregon (RDS), roughly 36 percent disposed of at the Roosevelt Landfill in Roosevelt, Washington (RDC), and a very small amount disposed of at the Headquarters Landfill in Cowlitz County, Washington." Response. Comment will be incorporated as suggested. 13. Table 2-8 reflects data from the Ecology Recycling Survey, which includes construction and demolition debris. Because construction and demolition tends to be a large and weighty portion of the waste stream, it is reasoned that much of the decline in tonnages during the recession was due to a slowdown in housing construction. Response. Concur as text in accompanying Section 2.3.8 acknowledges the recession that began in 2008 as being a factor in the temporary decline. 14. The second paragraph of Chapter 3 gives two primary reasons for promoting waste reduction (reduce toxicity and reduce quantity of discarded materials). It does mention this "conserves natural resources," but I would encourage stronger language focused on this conservation piece, and a nod to the full life cycle of materials. We are seeing shift away from the traditional end -of -life focus, as seen in the new State Solid and Hazardous Waste Management Plan, which uses a "sustainable material management" lens. A key reason for promoting waste reduction/prevention is the avoidance of resource use and pollution associated with creating the materials in the first place (the "upstream" environmental costs.) From the new state plan: "To represent the current system and focus on reducing waste and toxics, we used a sustainable materials management approach, which is also used by the U.S. Environmental Protection Agency (EPA). The sustainable materials management approach is illustrated in the materials life cycle graphic [visible if you follow the link below] that Ecology adapted from Oregon's Department of Environmental Quality. Materials management looks at the full life cycle of materials from the design and manufacturing phase, through the use phase, to the end -of -life phase when the material is either disposed or recycled. Materials management still focuses on recycling and disposal issues. However, looking at production and use phases can help identify more sustainable ways to design products that use less energy, water, and toxics. This is important because the adverse environmental impacts of extraction, production, and use can be far greater than those associated with disposal when a material becomes a waste. According to EPA, a sustainable materials management approach is essential to conserving our natural resources to meet both today's needs and those of future generations." Source: htWs•//fortress wa g_ov/ecy/publications/documents/150401912d£page 4 (Executive Summary). And while I see your point that waste prevention is a tough sell (because there's no object to sell and usually no money to be made), I suggest you can also use Washington's, Oregon's, and EPA's recent plans to show that there is a trend for more "political support" of waste prevention and pollution prevention via the promotion of whole systems thinking. Response to Comments 12 Whatcom County CSHWMP, July 16, 2015 Revision 4 Response: Chapter 3 will be revised to reflect increased support for waste and pollution prevention. 15. In Section 3.1.1, you could put in a graphic of the EnviroStars logo to enhance brand recognition by readers. A link to the online EnviroStars directory would also be great. - On a related note, have you heard about the effort going on in the King County area to utilize the EnviroStars brand to recognize "green" businesses beyond just toxics/hazardous waste -related work? I would encourage you to touch base with Jessica Branom-Zwick at Cascadia Consulting about this effort to build on the brand, and see if you think it would be something your county would want to consider: jessica@cascadiaconsulting.com. Response: Hyperlink to EnviroStars website and EnviroStars logo will be added to Section 3. 1. 1. Note: As an EnviroStarparticipating jurisdiction, WIbatcom County is indeedparticipating in the EnviroStars rebranding discussions. 16. In Section 3.1.2, you need to add the word "Materials" between "Industrial" and "Waste," and I suggest also including the acronym "IMEX." Response. Comment will be incorporated as requested. 17. In Section 3.1.3, is this Green Classroom Certification program associated with Washington Green Schools? If not, I would suggest putting exploration of potential synergies with Washington Green Schools as a goal or strategy of this SWMP. See www.wagreenschools.org . Response: RE Sources' Green Classroom certification is independent of the Washington Green Schools program; however, per lYlashington Green Schools program website, there are a handful of Whatcom County schools also participating in that program. Text will be added to Section 3.1.3 regarding the Washington Green Schools program, as well. 18. In section 3.1.4, please note County residents may also utilize a recycling hotline operated by the State of Washington that is both online (http://1800recycle.wa.gov and htWs://www.facebook.com/1800recycle.wa.goy) and via live phone assistance during the week (9:00-3:00 at 1-800-RECYCLE (1-800-732-9253)). Please also expand upon the "Permanent Information Centers," so the reader can imagine what they look like/how they function. Are they brochure racks? How are they maintained? For Event Recycling, You could note that this is required by law: http://www.ecy.wa.gov/PROGRAMS/SWFA/eventrecychngL Also, Skagit County is currently doing a lot in this area, FYI: http: / /www. skagitcounty.net/Departments/Sustainability/zerowaste.htm The Electronics Recycling area could mention many electronic items are now able to be recycled for free via a product stewardship program that launched in 2009 called E-cycle Washington: www.ecyclewashington.org. Response: Comments will be incorporated as requested. Response to Comments Whatcom County CSHWMP, July 16, 2015 Revision 13 M 19. In Section 3.2, it notes how critical it is to raise public awareness of County -funded waste programs, but I believe we want to raise awareness of both County -funded and non -County funded programs. Response: Text will be revised to indicate "...awareness of County- and non -County funded waste Programs... " 20. Table 3-1 notes support for Master Gardeners, but on page 31, this is called a "Master Recycling & Composting Program," which seems to be a better fit. Same comment for section 5.1.1. Response: Both Table 3-1 and Section 5.1.1 will be revised to reflect the Master Composting and Recycling program rather than Master Gardener program. 21. Required Chapter 4, Recycling, only touches on commercial recycling to say it is unregulated. While this is true, commercial waste is a large portion of what's out there (43.7% of all MSW, according to the 2009 Washington Statewide Waste Characterization Study (page 9).) It is also required to include programs to monitor the collection of source separated waste at nonresidential sites as part of your waste reduction and recycling element (RCW 70.95.090 (7) (b) (ii).) Please expand upon commercial recycling. For example, are the materials collected typically sorted in a similar way as the residential bins (paper separate from containers)? Does there seem to be high participation? Is it costly for businesses? Any creative rate structures to incentivize it? Response: Commercial Recyclable Collection discussion in Section 4.1.1 will be expanded, including addressing the questions presented in this comment. 22. Section 4.1.1 is not actually what Ecology and the Utilities and Transportation Commission would consider the "list of designated recyclables," as that is found in Whatcom County Code Section 8.10.050, Section C, as noted in section 4.1.3. However, the list shows foil. I don't see foil listed in WCC 8.10.050, Section C, and I actually would advise against collection of foil, unless Whatcom Co has a special end market for it. During the presentation from an aluminum recycler at the NW Commingled Workgroup, it came to light that foil basically just gets burnt up in the recycling stream with no recovery of metal. While it is possible to recover it, you'd need a recycler whose system is set up specifically for foil. You might double-check your end market. And within Section 4.1.3, a process for proposed changes to the designated recyclables list is given. Note that WCC 8.10.050, section L outlines a method by which an item may be removed from the list. Please ensure the protocol for changes to this list outlined here in the plan does not conflict with the protocol outlined in the County Code. Additionally, please have list updates sent to both Ecology and the Utilities and Transportation Commission. Response: Reference to foil as an accepted recyclable material will be removed from Section 4.1.1. Section 4.1.3 will be revised to indicate that the Sllr<gC will make a recommendation to the County executive rather than the County council to be consistent with WCC 8.10.050(L). 23. Section 4.2.1 on residential recycling starts off with some data on recycling participation and diversion. If by recycling participation you mean the number of residents setting out recyclables compared to those not source -separating out recyclables, it would seem to me that 40 to 50 percent would be a low number, especially for a county with a collection district. The diversion number given also seems a bit odd in a section devoted to residential Response to Comments 14 Whatcom County CSHWMP, July 16, 2015 Revision N91 recycling, as I believe that rate is from our data that includes commercial and some industrial waste, as well. Please cite your data source? Response: Use of the word `participation" was incorrect and will be removed from the text. 24. Section 4.2.1 begins the discussion of three -bin collection in comparison to single -stream collection. You may wish to note the regional effort to which you are invited and which is currently underway, the Northwest Commingled Workgroup: http://www.ecy.wa.gov/programs/swfa/cone-ningled/ . And although Ecology does support the collection of source -separated materials through RCW 70.95.090 (7)(b) as stated in the plan, source -separation simply means sorting recyclables from garbage at the source of generation. It does not necessarily mean the three -bin method. Response: Comment noted. 25. In Section 4.2.1, education is given as the answer to overflowing bins, but I wonder if there are other solutions? How do the haulers mitigate issues associated with the three -bin system such as limited bin size and weather -related issues (blown away or wet materials)? Response: Text will be added indicating that haulers will accepted appropriateyseparated materials in alternative containers. 26. At the end of section 4.2.2, I suggest expanding upon the "targeted focus" with wording such as: "...relatively low multifamily recycling rates, and that an approach with three prongs can help boost rates. The three components are: 1) Collection logistics, 2) Policies and regulations, and 3) Education and outreach." (Those focus areas are from the Washington State Recycling Association study.) I suggest playing up options beyond education in Table 4-2, as well. Response: Comment will be incorporated as requested. 27. The first sentence in Chapter 5 is technically incorrect. If there is waste to compost, that waste has already been generated. I suggest "Significant diversion of waste is commonly accomplished..." Response: Comment will be incorporated as suggested. 28. Please define green waste in your glossary so we know what we're discussing in Chapter 5. Additionally, please specifically cite the "seasonal waste sort" mentioned at the start of Chapter 5. The 2009 Statewide Waste Characterization Study was conducted over all four seasons, so if that's the study you're citing, I'm not sure what you mean by seasonal. However, the data from that study is pretty interesting when looking at Whatcom and its organics: The Northwest WGA chart shown as Figure 29 on page 69 shows organics at almost 30%. Table 37 shows Organics from Commercial as only 24.7%. (Food -Vegetative 14.7% is largest, followed by Food non -vegetative at 8.2%)(Animal manure only 0.6%). Table 38 shows Organics from Res. as 49.2%. (Food -Vegetative 17.9%, followed by .Animal. Manure 12.6%). Response: A definition ofgreen waste will be included in the glossary. The second paragraph of Chapter 5 will be revised to indicate "In 2009-2010, Ecology conducted a four -season MSW/ characterization study in select counties across the state, one of which was W>hatcom County. The study found that organic material... ' 29. In Section 5.1.2, are any of the digesters accepting waste from offsite? If so, what kind of waste and who is hauling it? Similarly, in section 5.2.2, please discuss any issues or Response to Comments Whatcom County CSHWMP, July 16, 2015 Revision 15 ME opportunities related to the digesters. How do you think the various organics facilities will handle the waste stream projected 6 and 20 years into the future? Response: Digesters operating in Whatcom County accept waste from off -site that are self -transported to each digester by the generator, as regulated under IFIAC 173.350.250. 30. In the first sentence of 5.2.1, do you mean to say "... drop-off facilities, and onsite composting"? Response: Text will be revised to clarify "on -site composting. " 31. In Table 5-1, there's a suggested action to require compostable service containers at commercial locations. Just as a word of caution, we have seen a lot of contamination issues related to acceptance of such compostable items at other compost facilities in the state. One has even reversed its policy and now accepts no compostable service ware. Response: Comment noted. 32. As with other tables, the final column may now be updated. State Plan goals that may fit well include SWM 17 and SWM 22, as well as others. Response: Please refer to response to Diana 1Vad19 Other General Comments Comment No. 2. 33. First sentence of 6.1 should technically say "certificated" instead of "certified." Also in 6.1, "biweekly" can have two meanings... one is "every other week" and the other is "twice a week." I suggest clarifying by saying "every other week." Furthermore, it says Bellingham is an exception regarding the containers listed. What do Bellingham citizens use? Response: Text will be revised to indicate "certificated" rather than "certified; " to reflect "every other week" rather than "biweekly;" and the exception to Bellingham will be removed (see response to Amber Jones Comment No. 1). 34. In the first column of table 6-1, I suggest adding clarifying source language such as "...required minimum service to all subscribers as outlined in [the ILAs, County Code ... etc..]" Response: Comment will be incorporated as suggested. 35. Section 7.1.3 starts out by saying the MSW generated in the county ultimately goes to one of the following landfills. However, of the list of six facilities, it seems to me that only three actually receive traditional Whatcom MSW (Columbia Ridge, Roosevelt, and Headquarters). This is based on the table of Solid Waste Disposal Data by County for 2013 found on Ecology's data page here: http://www.ecy.wa.gov/programs/swfa/solidwastedata/ (and the addition of Headquarters, which would be a very small amount and may have been overlooked on our table). What is the source of data/MSW for the remaining landfills listed? The bullet for the Graham Road facility even notes it does not accept MSW. As you clarify this section (including adding in where waste from the eastern portion of the county goes), you might note on the Cemex Inert Waste Landfill that the petroleum contaminated soils are not inert until they are treated. Suggest adding "The contaminated soils are treated with a thermal desorption process before they are landfilled." Additionally, you might reference how this data is presented in the table on page two of Appendix A (and within that table, it may be good to have "MSW" listed in the "materials accepted" column where applicable, or clarify that traditional MSW is what is meant by the "Waste" column). Response to Comments 16 Whatcom County CSHWMP, July 16, 2015 Revision M Response: Text will be revised to indicate that Columbia Ridge, Roosevelt, and Headquarters facilities receives most of the MSW generated in the county, and that the other three facilities receive other waste. Cemex contaminated soil treatment process will also be added. 36. In 7.1.3 on the Cedarville Landfill, I suggest adding, "The leachate collected is treated and discharged under an NPDES permit issued by Department of Ecology." Response: Comment will be incorporated as suggested. 37. In Section 9.1.1, please explain the contracts with certain tribal businesses more. The contract is between whom? The County and the tribal business? For what service(s)? Additionally, for the cities that have municipal contracts for both residential and commercial solid waste collection, is recycling a part of the contract, or does the contract only refer to trash destined for landfill? If recycling collection is part of the contract, is it for residential or commercial or both? (Commercial recycling is unregulated, but sometimes a city will "embed" commercial recycling within a solid waste collection contract.) Furthermore, since you point out Bellingham has a separate disposal contract, should it be clarified here that for the cities of Everson, etc. that the solid waste collection contract includes disposal? Response: Tribal contracts for solid waste services are directly between the tribes and solid waste service providers. Diana Wadley Comment on January 15, 2016 Revision Received February 17, 2016: Thank you. A suggestion to add clarity to section 9.1.1 is to remove the sentence under the header "Cities" that reads, "Solid waste collection in the county is regulated under municipal contracts and through contracts with certain tribal businesses on the Lummi Reservation, in addition to regulation under the WUTC," and instead create a header for "Native American Tribes." Under that header, you could insert this language from the 2008 plan, if it still holds true: "Lummi and Nooksack tribal lands are not subject to this Plan. However, non -tribe residents living within reservation boundaries are subject to provisions of County solid waste ordinances. Both the Lummi and Nooksack Tribes contract with private WUTC certified haulers for garbage pickup." Response: Comment mill be incorporated as suggested. 38. In section 9.1.1 related to Ecology's roles, please say "including RCW 70.95," as we are governed by additional portions of RCW. Also please note we approve both local solid and hazardous waste management plans. Response: Comment will be incorporated as requested. 39. In section 9.1.1 related to the Northwest Clean Air Agency, please note how they dovetail with asbestos. Response: Section will be revised to add "NW/CAA is also responsible for regulation of any construction that may result in handling and/ or disposal of asbestos containing materials. " 40. In section 9.1.2, please cite how it's now codified, so a reader can more easily locate the current regulatory text. Something like "...1991... and codified as WCC 8.15.030" (or perhaps the whole chapter of 8.15?) Response. Comment will be incorporated as requested. Response to Comments Whatcom County CSHWMP, July 16, 2015 Revision 17 41. In section 9.2, landfill leases are mentioned. What leases would this be referring to? Response. Text will be revised to indicate that revenues include lease payments by private solid waste service providers for lease of County -owned land (SSC leases land upon which Cedarville and Birch Bay-Lynden drop box facilities are located, and Cando leases the land at which its transfer station facility is located). 42. In the organics portion of the implementation table found in chapter 10, it seems to me that 2B and 2D would better be done concurrently. Response: Concur, comment noted. 43. On page two of Appendix A, the data for Ryzex is missing. Response: Ry.Zex was inadvertently left in the table and will be deleted. 44. On the next -to -last page of the draft plan, a portion of the budget is shown as a payment to the Health Department. What does this cover? Is it staff for inspections/permitting and solid waste enforcement like illegal dumping work? Response: To supplement Ecology grant revenue for solid waste compliance enforcement activities, an allocation of $'25, 000 per quarter of solid waste excise tax revenue is utilised to finance staff -conducted solid waste enforcement activities. Specific Comments by Section -Hazardous Waste 1. The last paragraph of 11.1.1 has an incorrect statement. The 2008 plan updated the Haz Waste Plan as well, as stated on page 9 of Section Two of that plan. Response: Text will be revised to indicate "Since then, updates to the Plan (most recently completed in 2008) have included reference to the 1991 Hazardous Waste Management Plan... " 2. Sections 11.1.2.3 and 11.1.7.3 both mention technical assistance to businesses. It is advised to mention the EnviroStars program, which could be done by referring the reader to section 3.1.1 of the solid waste portion of this plan. Response: Comment will be incorporated as requested. 3. In section 11.1.4, they're technically "certificated" haulers, instead of "certified." Response: Comment will be incorporated as requested, and elsewhere in the document, where appropriate. 4. Are the interlocal agreements referred to in section 11.1.5 the same ones as found in Appendix C? If so, please cite accordingly. Response: Reference to Appendix C will be added to the text. In section 11.1.7.4, is there any kind of fee associated with either program? How is the fee structured? Response: CESQGs are required to pay for hatiardous waste disposal at the MRUl facility in accordance with the established and approved fee structure defined in the Disposal of Toxics Program operations plan. Diana Wadley Comment on January 15, 2016 Revision Received February 17, 2016: To help readers understand that CESQGs must pay a fee, please note as much in the text, such as by adding "and must pay for hazardous waste disposal in accordance with the fee structure defined in the Disposal of Toxics program operations plan." to the end of the final sentence. Response: Comment will be incorporated as suggested. Response to Comments 18 Whatcom County CSHWMP, July 16, 2015 Revision 97 6. In section 11.2 and throughout, the hazardous waste planning period is given as 2015-2020. I suggest shifting it to match the solid waste management plan's period of 2016-2021. Response: Comment will be incorporated as suggested. 7. In areas where you plan for the future and say the County will be contracting with Stericycle, you might loosen your wording to allow for other contractors. (For example, "... County (through contractor such as Stericycle Environmental Solutions)" Response: Applicable goals defined in Section 11.2.2.1 will be revised as suggested. 8. Regarding used oil, Ecology has seen a recent rash of Polychlorinated biphenyls (PCBs) from public used oil collection sites. If this contamination spreads to larger loads as the contents of the tanks are collected for recycling, local governments can incur large expenses. If Whatcom County has safeguards in place to watch for PCBs, such as staffing used oil collection sites or other means, please include them in the plan. If no such safeguards are in place, please recognize the potential for contamination of PCBs within the plan and consider recommending creation of safeguards against them. Furthermore, to more fully comply with Chapter 70.951 RCW, the Used Oil Recycling Act, please include a description of how used motor oil from watercraft is addressed, how signage is monitored/assisted, and what public education, if any, is focused on motor oil. Response: The contracted waste motor oil collection company uses Chlor-detect for detection of PCB contamination prior to pumping out each used oil tank at each pick-up; no PCBs have recently been detected The Disposal of Toxics program accepts motor oil from watercraft. Staff provide technical assistance on handling and disposal. Additionally, staff have worked with Port of Bellingham to achieve EnviroStars status and educate the public on proper watercraft motor oil disposal through signage. Additional Items to Address Before Submission of the Final Draft Required Please show how each of these comments from Ecology has been addressed in your final draft plan, citing the specific section(s) and/or page(s) within the final draft. Response: Revisions to the draft Plan will be maintained in track changes mode in a file separate from the final revision that is submitted for Ecology approval. Diana Wadley Comment on January 15, 2016 Revision Received February 17, 2016: This document and the accompanying track changes document have been very helpful. Thank you! Response: You are welcome! Response to Comments Whatcom County CSHWMP, July 16, 2015 Revision 19 Lisa Friend, Citizen Received December 7, 2015 General Observations 1. Attention should be paid to issues of Extended Producer Responsibility (EPR, also known as "Product Stewardship") and the management of marijuana residuals, both of which could face the county in future years. Opportunities for producer management of paint, in particular, are likely to come before SWAC again in future. Response: Comment noted. Acronyms and Abbreviations 1. The term "CDL" is referenced on Page 56. Perhaps is should be added to this list, as a variation of C/D. Response: Reference to CDL in Table 7-1 will be revised to "CID WUaste. " Introduction 1. Page 4, figure 1-1: Please include the Cedarville Drop -Box site. Response: Cedarville Drop -Box site will be added to Figure 1-1. Planning Area 1. Table 2-3, Whatcom County Employment Sectors: Consider including the Materials Management sector in this data, as a baseline for tracking the economic impact of the local solid waste and recycling industries in future years. Many communities are having success with demonstrating the positive economics associated with employment in the recycling, composting and related materials management sectors. Response: Materials Management sector -specific data for W lhatcom County is not available (2013 U.S. Census American Community Survey). 2. Section 2.3.1, Solid Waste Definitions: Please include a definition of "Organics Management" and/or "Composting." Also, under "diversion," perhaps clarify whether "alternative daily cover" is viewed by the County as a "beneficial use." Response: Please refer to the Glossary at the end of the document. The source ofglossary terms is Appendix A (Glossary of Terms and List of Acronyms) of the Department of Ecology's Guidelines for Development of Local Comprehensive Solid WYlaste Management Plans and Plan Revisions, Publication No. 10-07 005 and should be maintained consistent with the definitions presented in that publication. Section 2.3.7, Diversion and Recycling Rates: Please note that incineration and, if appropriate, alternative daily cover, are prevented, in addition to landfill diversion. In the second paragraph, are "organics" appropriately listed under both diversion and as a recycled stream? The repetition confused me. Response: Comment Noted. Recycling is considered a component of landfall diversion, so it is appropriate to list or under both. As shown in Figure 24, Organics (at 1901o) are third highest component of the recycled stream (with metals and paper, at 39% and 31 %, respectively, being the only larger components). Waste Reduction and Public Education 1. Could "Extended Producer Responsibility" (Product Stewardship) be appropriately listed in this chapter? Response: Do not concur. Response to Comments 20 Whatcom County CSHWMP, July 16, 2015 Revision NQl 2. 3.1.1., Public Sector Activities: Program evaluation/assessment is a primary County role that could appropriately be listed with "public outreach and education." The purchase of recycled -content goods, recycled -asphalt pavement, and finished compost are also functions of County government that could be listed here. This is an ideal place to note the role of County government in the financial management of the materials management sector and opportunities for the county to apply for and administer state and federal grants. The final sentence of this section, could we reference data that prove the plastic bag ordinance "is a big step forward in reducing litter and unnecessary waste," etc.? While this is intuitively true, information about how much litter has been reduced and money saved since 2012 should be incorporated or referenced. Response: Reference to the County's role as overall solid waste management program assessment will be added to Section 3.1.1. However, citing the listed operational functions are not considered relative the public education functions the County leads. No data is available relative to the City of Bellingham's plastic bag ordinance. Table 3-1, Goals and Actions: Please add items 2F and 3 E, each reading "Evaluate effectiveness of outreach efforts and use data to fine-tune program elements," which would support "Beyond Waste" principle of "Strive for Continuous Improvement." Response. Goals and associated actions provided in the Goals and Actions table were the outcome of significant deliberation of the SWIAC subcommittee relative to tangible results and careful consideration of available County resources for action implementation. Recycling 1. Section 4.1.1, Programs. In the second paragraph, address the issue of enforcement of the garbage collection exemption and provide data on how widely this exemption is used. Address the provision of recycling series to multifamily units, including trailer parks, homeowners association and condominiums. Response: The purpose of Section 4.1.1 is to provide an overview of the collection program; action 1.A in Table 9-1 addresses the need to evaluate the exemption program. Multifamily residential recycling is discussed in Section 4.2.2. 2. Table 4-1, Accepted Curbside Materials by Bin: Please add "phone books" under "Scrap Paper," perhaps in the "Mail, magazines, catalogs" Bullet. Consider adding "steel" cans to the "Tin cans" bullet and perhaps specifying that empty aerosol cans are included. Response: "Phone books" are already listed under the second bullet associated with Scrap Paper; fourth bullet associated with Containers will be revised to indicate "Tint steel cans. " 3. In the Point Roberts paragraph, please clarify how "seasonal vacation" and "weekend homes" are serviced (one assumes through drop-off service). Response: Curbside recycling pick up is not required of residences meeting these definitions; therefore, recycling participation is left to the discretion of the resident. 4. Under "in-house recycling," please indicate the level of diversion the County is achieving through this program, as a baseline. This is an excellent place to record the County's efforts to procure recycled -content products and compost as well as any waste -prevention measures such as banning of single -use water bottles at County events. Response to Comments Whatcom County CSHWMP, July 16, 2015 Revision 21 WIN Response: The County has not conducted an assessment of the diversion level associated with in recycling. Any efforts that County may be pursuing associated with recycled content and compost procurement is not applicable to discussion specific to "in-house recycling': 5. Electronics Recycling: Opportunities for diversion of small electronics that do not fall under the E-Cycle Washington definition should be clarified here. "Consumer Products" represent 10% of the County's discarded waste: Is there need for more diversion of small electronics? Response: A hyperlink to the specified RCIYI sections, in addition to the E-Cycle webpage will be provided for the reader to access more specific information relative to small electronics diversion opportunities. 6. Along those same lines lie opportunities to divert additional hard -to -recycle materials for which markets are developed or developing. These include Christmas lights, film plastic, rigid plastics, paint and, perhaps, carpet. Response: Comment noted. 7. Diversion of Construction and Demolition materials should be addressed in this section. Response: Construction and demolition waste is considered a special waste; therefore it is discussed in Section 8, Special Wlaste. 8. 4.1.2, Facilities: These should be mapped in this section in a more specific fashion than in Figure 1-1. Response: Comment noted. 9. I would be interested in knowing the number of hours these facilities are open each week, the number and type of users (residents vs. businesses vs. apartment/trailer park dwellers) and any change in use over time. Response: This information is not available. 10. More information in this section could appropriately include details about the markets for Whatcom-County-generated recyclables and compost (domestic or international? Washington or west coast?), contracts, responsibilities and residuals. Response: Comment noted. 11. I would be interested in knowing the number of hours these facilities are open each week, the number and type of users (residents vs. businesses vs. apartment/trailer park dwellers) and any change in use over time. Response: This information is not available. 12. I suggest sections 4.2.3 "Commercial Recycling" with a similar level of detail and 4.2.4 "Construction and Demolition Recycling." Response: Please refer to response to Diana 117adley Comment No. 21 (Other Specific Comments by Section); construction and demolition debris is discussed in Section 8. 13. Table 4-2, Goals and Actions: Incorporate section on Commercial diversion and C/D. Explain how local government will improve efforts towards "Beyond Waste" Strategy 4: "Lead by example in government, especially through... purchasing power..." Response to Comments 22 Whatcom County CSHWMP, July 16, 2015 Revision 101 Response. Goals and associated actions provided in the Goals and Actions table were the outcome of significant deliberation of the SWAC subcommittee relative to tangible results and careful consideration of available County resources for action implementation. Organics Material Management 1. This section should address health and environmental concerns about micro -plastics in compost and steps to keep these materials out of the Whatcom County organics stream. Currently, materials are collected that do not meet the "Biodegradable Products Institute" standards for compostability nor equivalent ASTM standards. Response: Comment noted. 2. In addition, the residents of Lummi Island are interested in regular residential compost collection service: this need should be addressed in this section. Response: The collection service provider will be notified of this perceived need. 3. In the first paragraph, the parenthetical definition of "organic materials" could include compostable paper. Response: Comment will be incorporated as suggested. 4. 5.1.1, Programs: How are food scraps handled in Point Roberts? Are they accepted in the "green waste" drop box at Cando? Response: Food scraps are managed as municipal solid waste in this area. 5. Under "Educational Programming," provide data about the effectiveness of existing outreach programs and how continuous improvement can be gained. Response: Requested data is not available. 6. 5.1.2, Facilities: Indicate the costs to the consumer for use of these programs and usage trends over time, particularly given recent increases in charges at the City of Bellingham Clean Green facility. Under "Digesters," please indicate the percentage of County waste currently directed to these facilities, vs. other organic management options. Response: Most recent annual tonnage processed (and percentage of which was manure) by anaerobic digesters located in the county will be added to Section 5.1.2. 7. 5.2.1, Programs: The adjective "backyard" should be added to "composting," to differentiate that term other organics management options listed in the first sentence. Response: The word "on -site" has been added prior to "composting" to provide the differentiation (see response to Diana llladley Comment No. 30 — Other Specific Comments by Section). 8. Purchase and use of finished compost should be addressed in this section. Response: Policy associated with purchase and use of finished compost should be considered by the County department using compost operationally, not as a policy defined the solid waste management plan. 9. Table 5-1, Goals and Actions: Perhaps add 1B — "Evaluate effectiveness of current backyard composting programs and seek continuous improvement." Response to Comments Whatcom County CSHWMP, July 16, 2015 Revision 23 102 In element 2 C, clarify that only BPI- or ASTM-certified compostable containers should be required. In addition to requiring the use of these materials, purchase of organics receptacles and collection service should likewise be mandated. Add a third goal to encourage government/institutional purchase of use of finished compost Response: Comment noted. Goals and associated actions provided in the Goals and Actions table were the outcome of sign cant deliberation of the SIYIAC subcommittee relative to tangible results and careful consideration of available County resources for action implementation. Solid Waste Collection 1. In this section, it would be appropriate to address litter data over the past decade (how much is collected, from what regions, etc.) and the exemption of solid waste collection, how many exemptions exist, estimate of gaps, and the enforcement of the exemption. Response: Action 1.A in Table 9-1 addresses the need to evaluate the exemption program. 2. The management of industrial quantities of solid waste, though not MSW, should be addressed in some portion of the plan: What is done with wastes from Alcoa, refineries, etc.? Response: Industrialgenerators utili.e existing services of the county solid waste management system. Although Alcoa and BP additionally operate permitted landfills for certain approved wastesgenerated only from on -site operations, they are not within the scope of the plan. 3. Enforcement of the collection exemption and mapping of its use can be included under "Goals and Actions." Funding is likely available to the county for this type of analysis, and it should not be overlooked simply because of fears that analysis is not within the budget. Response: Action 1.A in Table 9-1 addresses the need to evaluate the exemption program. Transfer and Disposal 1. Section 7.1.1, Transfer Stations: Separate the third and fourth bullets in the paragraph beginning "These transfer stations are open to the public," as the Bellingham Vactor Waste Facility is closed to the public. Response: Text will be revised to read "These transfer stations, with exception to the Bellingham Vactor baste Facility, are open to the public. " 2. Section 7.1.1, Transfer Stations: Separate the third and fourth bullets in the paragraph beginning "These transfer stations are open to the public," as the Bellingham Vactor Waste Facility is closed to the public. Also in the final paragraph, add a reference to Section 8.1.8. Response: Text will be revised to read "These transfer stations, with exception to the Bellingham Vactor 1Waste Facility, are open to the public. " Reference to Section 8.1.8, Vactor Waste, is already provided in the bullet associated with the Bellingham Vactor Wlaste Facility. 3. Table 7-1: For clarity, be sure the footnote "*Gate fee, regardless of weight or materials," appears on the same page as the "RDC" section. Response: The subjectfootnote is applicable to anywhere in the table an asterisk (*) is presented, regardless of what page of the table the notation is presented. 4. Section 7.1.3, Landfills: Please reference the closed "County Construction Recycling/Muenscher Landfill" site, which was operations at the time of the previous Plan Response to Comments 24 Whatcom County CSHWMP, July 16, 2015 Revision M�10 update: It's closure should be documented in this plan, along with the fate of the "Foothills Recycling Landfill," referenced in Section 8.1.9. The fate of the Olivine incinerator, which at one time accepted materials from the public and local haulers, should also be addressed in this section. Response: There are many closed private landfills in the county that are no longer a component of the solid waste ystem, and not within the scope of the plan. Landfalls that are operational and part of the ystem, or publicly owned and maintained in post -closure status utilizing solid waste excise tax revenues, are within the scope of the plan. 5. Section 7.2, Needs and Opportunities: In light of continuing litter issues on county roadsides, the potential for siting of another drop box in the County should be addressed here. This topic is more fully addressed in section 9 but also deserves mention in this section. Response: Do not concur. Access and capacity are merely one component of the litter and illegal dumping issue, which is a compliance management task appropriately and adequately discussed only in Section 9. Special Waste 1. The inclusion of plant and soil residuals from marijuana -growing operations should be addressed in this section, including pertinent state regulations that affect this new industry. Response: Text will be added to Section 8.1.1 to indicate that handling and disposal of marihuana industry crop residues will be completed in accordance with the most current state regulations. 2. Section 8.1.5, Disaster Debris: A separate disaster management plant should be developed by the County and referenced in this section. Include "woody debris" under both "flood" and "earthquakes" and include "vehicles" under "fire." Make note of FEMA guidance on the development of such plans and note that federal funding might be available for plan creation. Contingency contractors with debris management companies and site should be in place in advance of any disaster. Response: The Health Department is currently supporting the i-Yhatcom County Sherifs Ofce Division of Emergency Management in the development of a separate disaster debris management plan, which will be referenced in this section. Suggested materials will be added to the applicable events. 3. Section 8.1.7, Biomedical Waste and Pharmaceuticals: In the bulleted section listing "Participating pharmacies," consider the fate of the Haggen chain. Also, clarify whether the MRW facility accepts controlled substances from households, though not from businesses: I found the acceptance of controlled substances from households surprising. Additional detail is not clear on the phone line nor the County Hazardous web site. Response: Agree that the future of pharmacy acceptance unused medications at the current Haggen pharmacies remains uncertain; however, all are currently still operating. The plan is accurate as stated that the MRi-V facility `accepts unused pharmaceuticals from households (including controlled substances), and from small -quantity generator businesses (not including controlled substances). " 4. Section 8.1.9: Tires: Please provide data and trends for used tire diversion in the county, including the number/weight of tires found as litter or in cleanup piles: The Ecology website indicates that tons of tires cleaned up are going down statewide; does the same hold true in Whatcom County? Response: The County has not tracked tire diversion data. Response to Comments 25 Whatcom County CSHWMP, July 16, 2015 Revision WE Section 8.2.1, Construction and Demolition Debris Recycling: Because C&D materials represent such a significant portion of the local waste stream, any data on the tonnage of these materials being diverted from Whatcom County should be reported in this section. Data about the success of marketing sorted materials from in -county processors and, if possible, out -of -county processors, would be appropriate before proposing any flow control changes. Also in this section, the "Goals and Actions" recommend controlling "sham recycling." This topic is not addressed in the narrative; this section seems the appropriate place for clear introduction of the "sham recycling" topic and its place in the state "Beyond Waste" plan. Response: As stated above, potential flow control and sham recycling issues will be investigated, reviewed and responded to in the planning period. 6. Section 8.3, Goals and Actions: Under goal number 1, include bullet "D" to encourage pilot program for use of recycled asphalt shingles in County parking lot paving or road applications. Response: The Health Department is currently providing support to a private sector paving company to implement permitted asphalt shingle recycling operations. 7. Under "Priorities of Plan," is the wording "Enforce compliance, technical assistance and enforcement"? This terminology seems self -reflective and can be, therefore, confusing to the lay reader. Response: The correct terminology, per the Beyond Wlaste Plan, is `Focus on facility compliance, technical assistance, and enforcement. " Text will be revised accordingly. Administration and Enforcement 1. Section 9.1.1, Agency Roles and Responsibilities: Perhaps introduce the "Solid Waste Division" of the Whatcom County Health Department in the first sentence, for clarity. Response: Clarity specifying the Solid Wlaste Division of the Health Department will be added. 2. Insert information about the county's management of the annual Solid Waste budget into this section with a reference to Section 10.3. Response: Comment will be incorporated as suggested. 3. Under "Cities," please address the absence of a municipal contract for commercial solid waste collection in the City of Bellingham and the reason the City does not contract for this service. Response: Text will be added spec�ing that commercial collection in the City of Bellingham is governed by WIUTC regulations. 4. Under "Washington State Department of Ecology," please address the availability of grant funding from the state for local solid waste programs. Response: Comment mill be incorporated as suggested. 5. Under "Washington Utilities and Transportation Commission," please clarify whether the certificated areas are for residential collection only and, if so, the legal structure(s) under which commercial garbage, recycling and organics collection take place. Clarify whether Whatcom County Ordinance No. 90-95 was restricted to residential services or whether commercial collection was also addressed. Response to Comments 26 Whatcom County CSHWMP, July 16, 2015 Revision 105 Response: Do not concur. Sufficient level of detail relative to the WI UTC's role as it pertains to a solid waste management plan is provided. 6. Section 9.1.3, Financing: The history of the Maple Falls drop -box site should be addressed here or in Chapter 7. Response: Do not concur. Maple Falls drop -box facility is no longer active and, therefore, not relative to the current plan update. 7. At the end of this section, indicate how often payments are made to the County and whether there has ever been any issue regarding the amount/timeliness of such payments. A 10-year summary of payments might be helpful. Response: Do not concur. Request is not relevant to the level of detail of a solid waste management plan. 8. This is also a good place to indicate the county's plans for continued financial support of essential solid waste services, education, and program evaluation if waste reduction and recycling result in a decline in fee payments/smaller budget. It would not be appropriate for readers of this plan to come away with the idea that waste reduction and recycling would be given reduced priority if — by their success — the solid waste budget could suffer. Response: Comment noted. 9. Section 9.1.4, Administration: The County's role in procuring state and local grants for solid waste operations should be mentioned here, as should the role of the health department in facilitating the SWAC and SWEC meetings. Response: Comment will be incorporated as suggested. 10. Section 9.1.5, Enforcement and Compliance: Data about the county's garbage collection exemption structure should be included here. Also, the duplicate labeling of Section 9.2.1 as "Enforcement and Compliance" is confusing. Perhaps consider additional distinction between the two section and their titles. Response: Specific data requested are not available and, as stated above, the exemption program will be reviewed during the planning period as a recommended action item. Section 9. 1.5 describes the existing conditions associated enforcement and compliance, while Section 9.2. 1 identifies corresponding needs and opportunities. 11. Section 9.2, Needs and Opportunities: The opportunity for the County to apply for and benefit from USDA Rural Development Solid Waste grants should be detailed here, especially as these grants could provide additional solid waste services to the Kendall -Maple Valley and Point Roberts areas listed here.. Response: Do not concur. The solid waste budget includes significant revenue from numerous grant sources, and it is not within the scope of the plan to call out each grant opportunity separately as an action item. Implementation Schedule 1. Section 10.1, Implementation Responsibility: Under "Waste Reduction and Recycling," consider adding: "The County should lead by example by buying recycled products and finished compost and by promoting a model in-house diversion program." Response: Comment noted. Response to Comments Whatcom County CSHWMP, July 16, 2015 Revision 27 fflfflleq� 2. Section 10.1, Implementation Responsibility: Under "Solid Waste Management Planning," the provision of data on diversion successes should be emphasized, as should financing for effective programs. Response: Comment noted. 3. Table 10-1, Implementation Schedule: The phrase "Track efficacy and fine-tune" would be appropriate in nearly every section, including: "Education and Community Outreach" elements 1, 2, and 3; Multifamily Recycling elements 2 and 3; and the initial occurrence of "Compliance Management and Enforcement" 2.a (Provide programing support...) The Education and Community Outreach element could use a bullet 4.0 to consider use of the Re-TRAC software. 4.A should include litter reduction measures. The "Residuals Recycling" section needs a second element that would read: "Monitor residuals and markets" to insure that locally generate materials are sent to end -use markets with a 12% or lower residual rate (to combat or define "sham recycling"). New sections need to be created for Commercial Recycling and C&D Diversion. The Multi -Family Recycling section would benefit from "Track efficacy and fine-tune" phrases for elements 2 and 3. Under "Organics Management," please include the term "data -based" before "impact." Include the "Food, Too Good to Waste" program and also use the term "BPI -Certified compostables" in section C. If both the "Compliance Management and Enforcement" and "Administration and Enforcement" sections are maintained, the checkmarks in both timelines should match. Bullets "A" should include "Track efficacy and fine-tune." In the "Special Waste Programs" section, address data -based evaluation of current diversion programs and goals for the future in element 1, "Increase C/D waste material recycling." Under sub -topic "C," add the use of recycled -asphalt -shingle paving material. If data will not soon be available for adequate comparisons between in -county and out -of - county C/D processing options, considered delaying element 23, "Evaluate changes in the Flow Control exemption..." to 2017 or later. Under element 4, regarding pharmaceuticals, incorporate an action that reads: "Develop extended producer management policy at the state level." Consider an element 5: Investigate extended producer management options for paint. Response: The implementation schedule reflects the timeline for completinggoals and associated actions identified associated with each plan element. Those goals and associated actions were the outcome of significant deliberation of the SVAC subcommittee relative to tangible results and careful consideration of available County resources for action implementation. 4. Section 10.3, Budget: Provide detail on the Disposal of Toxics budget, which represents a quarter of the annual solid waste budget: How has this budget changed in the past decade. What percentage is dedicated to the management of paint? Provide additional data on the success of community education and outreach programs and the amount of money spent on litter control programs year over yare / ton by ton. Detail a budgetary goal: Lower expenditures and increase the effectiveness of outreach / program spending. Response: The purpose of Section 10.3 is to provide an overviem of the solid waste budget, not specific detail relative to program components or budgetary goals. Local Hazardous Waste Management Plan Response to Comments 28 Whatcom County CSHWMP, July 16, 2015 Revision 107 Section 11.1.2.1, Hazardous Waste Inventory: Please provide detail on the hours per week the MRW site is open and also the hours per week the drop-off sites are open. Detail the percentage of collected material that comes from the MRW site vs. the drop-offs and, if possible, the amount collected at each drop-off site per year. Include the volumes of oil collected in the residential recycling collection program and the volumes of oil and antifreeze collected by the CESQG service. If possible, make a note on Figure 11-2 explaining the jump in customers in 2007. Provide a break and new title after the bullet that begins "Twenty-four..." to indicate a change in subject to contaminated sites. A similar break and new title should precede the final paragraph in this section, which again changes subjects to address service providers. Response: Operational hours of each facility will be added. The detailed data requested is not within the scope of the plan. Section titles will be added to delineate discussion relative to Dangerous Wlaste Generators, Remedial Action Sites, and Ha.Zardous Waste Services. 2. Section 11.1.2.2, Public Education: Please add wording that will direct the County to track efficacy of these outreach programs and fine-tune services for greater impact. Response: Comment noted. Due to resource constraints, measurement of program efcacy is not a prioriti.Zed goal. 3. Section 11.1.2.3, Technical Assistance: Include data about the number of calls received, the topics that represent the most common inquiries, and the number of individuals and businesses served each year. Response: The number of businesses and households served each year is depicted graphically in Figure 11-2. Technical assistance inquiries by type are not tracked. 4. Section 11.1.2.4, Service Improvement...: Provide data on cost savings and public service improvements realized through the state's fluorescent lighting take -back program and extrapolate to the potential for service improvements through a paint take -back program for Whatcom County. Response: Do not concur. Although the DOT program supports participates in established stewardship programs, such programs are not managed at the local level. Section 11.1.4, Financing the Program: Discuss options for manufacturer funding of paint and pharmaceuticals management through Extended Producer Responsibility programs. Similar programs are already helping fund the take -back of electronics and fluorescent lights in Whatcom County, and those financial contributions/savings should be acknowledged in this section. Response: Do not concur. Although the DOT program participates in established stewardship programs, such programs are not managed at the local level. 6. Section 11.7.1, Household Collection: Please provide data on the amount of each of these materials managed by the county on an annual basis over the past decade; perhaps in an appendix. Under "Annual Collection Events," indicate the geographic location of these collections over the past decade. Response to Comments Whatcom County CSHWMP, July 16, 2015 Revision 29 ME-01 Under "Household Waste Pharmaceuticals Collection," indicate the volumes of these materials collected through the MRW each year. If possible, incorporate data from local pharmacy and law enforcement take -back programs, as well. Response: Figure I I -1 graphically depicts the total annual quantities of MRWI collected by source. It is not within the scope of this plan to provide detail on quantities by waste type. Section 11.1.7.2 and 11.1.7.3: Provide data on the effectiveness of each program either here or in Section 11.1.2.2. Response: Comment noted. Due to resource constraints, measurement ofprogram fcaey is not a prioriti.Zed goal. Section 11.1.7.6, Used -Oil Education and Collection: Provide data on the percent of used oil re -processed for re -use as an oil -product versus the percent that is used for fuel. Substitute the phrase "taken to" (the MRW facility) for "disposed of at." Indicate the amount of used oil that comes to the facility from residents vs. through the CESQG program. Response: All of the used oil is delivered to the refiner for reprocessing, with differentfractions being used for dierent purposes (light ends become fuel product): it is not within the scope of this plan to analyse this product ratio. `Disposed of at" will be replaced with "delivered to. " 9. Section 11.2.1, Guiding Principles: Incorporate a new bullet early in the strategies that allows for Extended Producer Responsibility for management of materials. This will be congruent with item #8 in this section: "...foster an ethic of responsibility among those who produce, sell, and use hazardous products." And with item #10.a. Response: The DOT program currently does participate in established stewardship programs, as applicable. 10. Section 11.2.2.1, Household Collection: Under "Action," specify the hours per week the MRW facility and satellite collection sites are to be open. Under HC Goal 2, Collection Event, "Action," include the phrase "in addition to every - other -year collections in Point Roberts." Under "Funding Source(s)" include the potential for USDA rural development funding for rural collection events. Incorporate a new HC Goal: "Explore Extended Producer Responsibility for painting, pharmaceuticals and other priority materials, as deten-nined by the county or state." This can also be the text of "Action," with the timeframe to begin in 2016 and the implementing agency to be the County. Appropriate funding source(s) would be the excise tax on solid waste hauled by certified haulers and, possibly, affected manufacturers. Response: Do not concur. 11. Section 11.2.2.2, Household and Public Education: Incorporate "Test efficacy and fine-tune" under each action. Re. ponce: Comment noted True to resource constraints, measurement of program of caeq, is not pn'oriti�Zed goal. 12. Section 11.2.2.3, Small Business Technical Assistance: Incorporate "Test efficacy and fine- tune" under each action. Response: Comment noted. Due to resource constraints, measurement of program efcacy is not prioritized goal. Response to Comments 30 Whatcom County CSHWMP, July 16, 2015 Revision 109 13. Section 11.2.2.4, Small business Collection Assistance: Add "fees" to the Funding Sources under SBCA Goal 1. Response: Comment will be incorborated as suggested. 14. Section 11.2.2.5, Enforcement: Incorporate "Test efficacy and fine-tune" under E Goal 1. Response: Comment noted. Due to resource constraints, measurement of program efficacy is not prioriti-Zed goal. 15. Section 11.2.2.6, Used -Oil Education and Collection: Incorporate "Test efficacy and fine- tune" under each action. Add "fees" to the Funding Sources under USEC Goal 2. As appropriate, add another element for the collection of used oil by curbside recycling service providers. Response: Comment noted. Due to resource constraints, measurement of program efficacy is not prioritised goal. ilhatcom County solid waste collection providers currently accept used oil via curbside pick-up. Response to Comments Whatcom County CSHWMP, July 16, 2015 Revision 31 110 COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN WHATCOM COUNTY, WASHINGTON June 14, 2016 111 ACKNOWLEDGEMENTS The Whatcom County Comprehensive Solid and Hazardous Waste Management Plan was prepared by a team consisting of Whatcom County Solid Waste Division staff, the Whatcom County Solid Waste Advisory Committee, and the Maul Foster & Alongi, Inc. consultant team. Throughout development of this document, the individuals involved dedicated an extensive amount of time and energy in formulating recommendations, discussing approaches, and reviewing the document. In particular, the team wishes to acknowledge, with great appreciation, the solid waste industry service providers in our community, and their employees, who work hard to effectively manage our solid and hazardous wastes. Maul Foster & Along!, Inc. Justin Clary Erik Bakkom Jacqueline Gruber Whatcom County Staff Jeff Hegedus, Health Department Debbie Bailey, Public Works Department Gary Stoyka, Public Works Department Solid Waste Advisory Committee Barbara Brenner, Whatcom County Council representative Greg Young, City of Ferndale, small cities representative Eric Johnston, City of Bellingham representative Casey Heinle, citizen representative Ed Nikula, citizen representative Mark Peterson, public interest group representative Marjorie Ann Leone, public interest group representative Amber Jones, business/industry representative Calvin DenHartog, waste collection industry representative (term expired 12/31 /2014) Troy Lautenbach, waste collection industry representative (term began 1 /1 /2015) Martin Ku1jis, Jr., waste recycling industry representative Pete Edwards, solid waste facility representative Washington State Department of Ecology Diana Wadley Peter Christiansen Contact Information Whatcom County Health Department 509 Girard Street Bellingham, Washington 98225 360.778.6000 112 CONTENTS 1 INTRODUCTION 1.1 PURPOSE 1 1.2 SOLID WASTE SYSTEM OVERVIEW 1 1.3 PARTICIPATING JURISDICTIONS 4 1.4 REQUIRED CONTENTS 4 1.5 RELATIONSHIP TO OTHER PLANS 5 1.6 THE SOLID WASTE ADVISORY COMMITTEE AND SOLID WASTE EXECUTIVE COMMITTEE 6 1.7 MISSION 7 1.8 PROCESS OF UPDATING THE PLAN 7 1.9 ORGANIZATION OF THE PLAN 9 2 PLANNING AREA 10 2.1 DESCRIPTION OF THE PLANNING AREA 10 2.2 HISTORY OF SOLID WASTE SYSTEM 16 2.3 QUANTITY AND CHARACTERIZATION OF SOLID WASTE 17 WASTE REDUCTION AND PUBLIC EDUCATION 27 3.1 EXISTING CONDITIONS 27 3.2 NEEDS AND OPPORTUNITIES 33 3.3 GOALS AND ACTIONS 35 RECYCLING 37 4.1 EXISTING CONDITIONS 37 4.2 NEEDS AND OPPORTUNITIES 42 4.3 GOALS AND ACTIONS 44 5 ORGANIC MATERIAL MANAGEMENT 45 5.1 EXISTING CONDITIONS 45 5.2 NEEDS AND OPPORTUNITIES 47 5.3 GOALS AND ACTIONS 49 SOLID WASTE COLLECTION 50 6.1 EXISTING CONDITIONS 50 6.2 NEEDS AND OPPORTUNITIES 53 6.3 GOALS AND ACTIONS 54 WHATCOM COUNTY COMPREHENSIVE SOUD AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE 113 7 TRANSFER AND DISPOSAL 55 7.1 EXISTING CONDITIONS 55 7.2 NEEDS AND OPPORTUNITIES 62 7.3 GOALS AND ACTIONS 63 SPECIAL WASTE 64 8.1 EXISTING CONDITIONS 64 8.2 NEEDS AND OPPORTUNITIES 69 8.3 GOALS AND ACTIONS 71 ADMINISTRATION AND ENFORCEMENT 72 9.1 EXISTING CONDITIONS 72 9.2 NEEDS AND OPPORTUNITIES 76 9.3 GOALS AND ACTIONS 78 10 IMPLEMENTATION SCHEDULE 79 10.1 IMPLEMENTATION RESPONSIBILITY 79 10.2 SUMMARY OF GOALS AND ACTIONS 80 10.3 BUDGET 84 11 LOCAL HAZARDOUS WASTE MANAGEMENT PLAN 85 11.1 MASTER SECTION 85 11.2 IMPLEMENTATION 92 GLOSSARY REFERENCES APPENDICES A -SOLID WASTE HANDLING FACILITIES LIST B-COMPLIANCE CHECKLIST C-RESOLUTION OF ADOPTION AND INTERLOCAL AGREEMENTS D-SEPA DOCUMENTS E-WUTC COST ASSESSMENT QUESTIONNAIRE WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE ll 114 ACRONYMS AND ABBREVIATIONS Beyond Waste State Solid and Hazardous Waste Plan; Moving Washington Beyond Waste and Toxics C/D Construction and Demolition Cando Cando Recycling and Disposal CESQG Conditionally Exempt Small -quantity Generator County Whatcom County CPG Coordinated Prevention Grant Ecology Washington State Department.of Ecology E-waste Electronic Waste FCO Flow Control Ordinance HHW Household Hazardous Waste LAMIRD Limited Area of More Intense Rural Development MFS Minimal Functional Standards (refer to WAC 173-304 and 173-350) MRF Material Recovery Facility MRW Moderate -risk Wastes MSW Municipal Solid Waste MTCA Model Toxics Control Act NVD Nooksack Valley Disposal NWCAA Northwest Clean Air Agency OFM Washington State Office of Financial Management Plan Comprehensive Solid and Hazardous Waste Management Plan PPG Ecology Public Participation Grant RCRA Resource Conservation and Recovery Act RCW Revised Code of Washington RDC Regional Disposal Company RDS Recycling and Disposal Services SEPA State Environmental Policy Act SSC Sanitary Service Company SWAC Solid Waste Advisory Committee SWEC Solid Waste Executive Committee TZW Toward Zero Waste TZWI Toward Zero Waste Initiative UGA Urban Growth Area USEPA U.S. Environmental Protection Agency USGS U.S. Geological Survey WAC Washington Administrative Code WCC Whatcom County Code WDFW Washington Department of Fish and Wildlife WSDOT Washington State Department of Transportation WSU Washington State University WUTC Washington Utilities and Transportation Commission WHATCOM COUNTY COMPREHENSIVE SOUD AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE III 115 1 INTRODUCTION 1.1 PURPOSE The State of Washington enacted legislation through adoption and subsequent, periodic amendments to Revised Code of Washington RCW) Chapter 70.95 establishing comprehensive statewide programs for solid waste handling and solid waste recovery and recycling. The purpose of these requirements is to prevent land, air, and water pollution, and to conserve the natural, economic, and energy resources of the state. Each county in the state is required by RCW 70.95.0 00 to prepare a solid waste management plan. Washington Administrative Code (WAC) Section 173-304-011 states that "the overall purpose of local comprehensive solid waste planning is to determine the nature and extent of the various solid waste categories and to establish management concepts for their handling, utilization, and disposal consistent with the priorities established in RCW 70.95.010 for waste reduction, waste recycling, energy recovery and incineration, and landfill." To address state requirements, Whatcom County (the County) originally developed and adopted the first revision of the Comprehensive Solid and Hazardous Waste Management Plan (the Plan) in 1974. This 2016 revision represents the sixth iteration of the Plan, which was most recently revised in 1999 and 2008. RCW 70.95.110 requires that each plan be reviewed and revised, if necessary, at least every five years. Chapters 1 through 10 of this Plan are specific to solid waste management planning, and Chapter 11 is specific to hazardous waste management planning. 1.2 SOLID WASTE SYSTEM OVERVIEW The waste management system in the County, illustrated in Figure 1-1, consists of approximately 35 perniitted and exempt solid waste handling facilities, as regulated by WAC 173-350, Solid Wlaste Handling Facilities. These facilities consist of private sector landfills, landfills managed in post -closure, transfer stations, drop box collection sites, moderate risk waste (MRW) fixed facilities, composting facilities, anaerobic digesters, biosolids facilities, and recycling operations. The solid waste system is largely privatized, and except for the MRW facility (Disposal of Toxics Program), the County neither owns nor operates collection, treatment or disposal facilities. An overview of the County's solid waste system is provided below. Specific details on the system components are located in the corresponding sections. 1.2.1 WASTE REDUCTION AND PUBLIC EDUCATION The first step in the waste management hierarchy is reducing waste generated. The County's waste reduction efforts use public education and technical assistance for businesses to educate the public on the importance of and methods for reducing waste generated to the extent possible. In addition, there is a wide variety of material reuse opportunities provided by private sector and nonprofit entities, consisting of consignment stores, donation centers, and construction material reuse centers. More detail is provided in Section 3.1. WHATCOM COUNTY COMPREHENSIVE SOUD AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE 1 116 117 JU NE 14, 2016 1.2.2 RECYCLING Recyclable materials are collected in the system through curbside collection, drop -box facilities, and transfer station drop-off locations and are delivered to the appropriate facilities. Most household recyclable materials go to Northwest Recycling. Other recycling services are also available to the public and are described in more detail in Section 4.1. 1.2.3 ORGANIC MATERIALS MANAGEMENT Curbside and self -haul organic materials (yard and food waste) are collected and delivered to Green Earth Technology Composting Facility. Materials are processed on site. More detail is described in Section 5.1.2. 1.2.4 SOLID WASTE COLLECTION Solid waste in the county is collected primarily by three private haulers, covering distinct service areas: Sanitary Service Company (SSC), Nooksack Valley Disposal (NVD), and Cando Recycling and Disposal (Cando). The far eastern portion of Whatcom County is served by the Skagit County waste hauler, currently Waste Management. All cities in Whatcom County use traditional bag or customer - owned, 32-gallon can residential collection systems, or collector provided containers or totes. Customers of SSC and NVD also have the option of using collection -company -owned wheeled carts. Residential recycling is collected on a weekly basis in Bellingham and biweekly elsewhere in the county, and organic materials (yard waste and food waste) are picked up on a biweekly basis throughout the year. Commercial recycling collection frequency and services vary based on customer need. More detail is provided in Section 6.1. 1.2.5 TRANSFER AND DISPOSAL Curbside waste, recycling, and organic materials collected by the private haulers are transported to one of three transfer stations, which also receive waste from public self -haulers. Municipal solid waste (MSW) is consolidated into transfer trucks or railcars for landfill disposal outside the county. The three transfer stations include the Recycling and Disposal Services (RDS) Transfer Station, Regional Disposal Company (RDC) Transfer Station, and Cando Recycling Transfer Station. MSW collected by Waste Management from the communities Diablo and Newhalem (eastern Whatcom County) is transported to the Skagit County Recycling and Transfer Station and ultimately disposed of at the Roosevelt Landfill in Roosevelt, Washington. The County system also includes four drop -box facilities available to public self -haulers: NVD Drop Box Facility, SSC Roeder Avenue Drop Box Facility, SSC Birch Bay-Lynden Drop Box Facility, and SSC Cedarville Drop Box Facility. Waste collected in these drop boxes is hauled to the transfer stations in Whatcom County. Waste for disposal is transferred by truck or rail to the Columbia Ridge Landfill in Arlington, Oregon (RDS), the Roosevelt Landfill in Roosevelt, Washington (RDC), or the Cowlitz County landfill (Cando). While there are no active landfills, there are five closed county landfills maintained under permit in post closure status in the county. Other closed landfills, such as the Y Road landfills, are regulated as MTCA sites (see Section 7.1.3). Other system facilities include the City of Bellingham Vactor Waste Transfer Station, the Whatcom County MRW Facility (Disposal of Toxics Program), and a variety of private recycling and reuse services. WHATCOM COUNTY COMPREHENSIVE SOUD AND HAZARDOUS WASTE MANAGEMENT PLAN PAGES WI•7 JUNE 14,2016 More detail is provided in Section 7.1. A list of public and private solid -waste -handling facilities is provided in Appendix A. 1.2.6 SPECIAL WASTE Special wastes are materials that require special or separate handling because of their unique characteristics, such as bulk, water content, or dangerous constituents. Special wastes include agricultural waste, contaminated soils, vactor waste, tires, and construction and demolition (C/D) waste, to name a few. Special waste is handled through material -specific programs. Details on these programs are provided in Section 8.1. 1.3 PARTICIPATING JURISDICTIONS Pursuant to interlocal agreements, the Plan defines the solid waste management policy of Whatcom County and all incorporated cities in the county, including Bellingham, Blaine, Everson, Ferndale, Lynden, Nooksack, and Sumas. These jurisdictions have worked with the County to plan for solid - waste -related needs since the 1970s and originally entered into formal inter -local agreements regarding solid waste management in 1989. The agreements have been amended over the years. Current interlocal agreements were reviewed as part of the planning process and are consistent with the Plan. These agreements are presented in Appendix C. Each participating jurisdiction, as represented by the Solid Waste Executive Committee (SWEC) through interlocal agreement, adopted this revision to the Plan prior to its approval by Ecology. The Plan encompasses both the incorporated and unincorporated areas of the county, with the exception of the Lummi and Nooksack reservations. In addition, the far eastern portion of Whatcom County (including Newhalem and Diablo) is serviced by the Skagit County waste hauler, currently Waste Management. 1.4 REQUIRED CONTENTS RCW 70.95.090 mandates the required contents for solid waste management plans in Washington State, including: ■ A detailed inventory and description of all existing solid waste handling facilities, including an inventory of any deficiencies in meeting current solid waste handling needs. ■ The estimated long-range needs for solid waste handling facilities projected 20 years into the future. A program for the orderly development of solid waste handling facilities in a manner consistent with the plans for the entire county that shall: — Meet the Minimum Functional Standards (MFS) for solid waste handling adopted by the County and all laws and regulations relating to air and water pollution, fire prevention, flood control, and protection of public health — Take into account the comprehensive land use plan of each jurisdiction — Contain a six -year construction and capital acquisition program for solid waste handling facilities WHATCOM COUNTY COMPREHENSIVE SOUD AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE4 119 JU NE 14, 2016 — Contain a plan for financing both capital costs and operational expenditures of the proposed solid waste management system ■ A program for surveillance and control. A current inventory and description of solid waste collection needs and operations within each respective jurisdiction that shall include: — Any certificate for solid waste collection granted by the Washington Utilities and Transportation Commission (WUTC) in the respective jurisdictions — Any city solid waste operation in the county and the boundaries of such operation — The population density of each area serviced by a city operation, or by a certificated operation within the respective jurisdictions — The projected solid waste collection needs for the respective jurisdictions for the next six years ■ A comprehensive waste reduction and recycling element that, in accordance with the priorities established in RCW 70.95.010, provides programs that reduce waste, provides incentives and mechanisms for source separation, and establishes recycling opportunities for the source -separated waste. RCW 70.95.090(6) and (4 list detailed program and strategy requirements. ■ An assessment of the plan's impact on the costs of solid waste collection. The assessment must conform to guidelines established by the WUTC. ■ A review of potential areas that meet the solid waste disposal facility siting criteria outlined in RCS& 70.95.165. A compliance checklist has been provided that clearly articulates requirements specified by state code and illustrates how the revised plan formally achieves each standard on a case -by -case basis (Appendix B). The compliance checklist cites each regulatory requirement and the section in the Plan report that satisfies each criterion. Planning specific to hazardous waste management, as required by RCW 70.105, is presented in Chapter 11. 1.5 RELATIONSHIP TO OTHER PLANS The 2016 Plan builds on previous solid waste plans, namely the 1999 Comprehensive Solid Waste Management Plan, the 2008 Plan Update, and the 1991 Hazardous Waste Management Plan. These documents provide a useful baseline for the 2016 planning process, but in many cases do not reflect the County's current practices and administrative structure. In addition, this 2016 Plan builds on the foundation of the County's comprehensive plan, which provides framework for growth in the county over the 20-year planning horizon in accordance with the Growth Management Act (RCW 36.70A1. The 2014 Comprehensive Plan is the current, adopted County plan; however, County planning staff are currently in the process of the comprehensive plan update, which is scheduled for adoption in 2016. To ensure consistency between plans, this Plan has been developed using the latest demographic data for population and employment projections provided by County Planning and Development Services. Although the comprehensive plan update WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE5 120 JU NE 14, 2016 will not be complete for another year, these demographic figures have received preliminary approval from the County Council through Ordinance 2014-013 and represent the best data available. Further, this 2016 Plan complies with the land use policies set forth in the 2014 Comprehensive Plan. In addition, the following plans provided a foundation for development of this 2016 Plan and were reviewed for consistency: ■ Whatcom County Code NCC), Title 20 Zoning (updated November 2014) ■ Washington State Growth Management Act, RCW 36.70A ■ Washington State Office of Financial Management (OFM) County Growth Management Population Projections by Age and Sex: 2010-20440 ■ Washington State Department of Ecology (Ecology) 2015 State Solid and Hazardous Waste Plan; Moving Washington Beyond Waste and Toxics (Beyond Waste Planl ■ Supporting comprehensive and land use plans for the jurisdictions of Bellingham, Blaine, Everson, Ferndale, Lynden, Nooksack, and Sumas. 1.6 THE SOLID WASTE ADVISORY COMMITTEE AND SOLID WASTE EXECUTIVE COMMITTEE The Solid Waste Advisory Committee (SWAC) provides ongoing public input and advice to the County on solid waste management issues and played a critical role in overseeing the creation of this Plan. The SWAC consists of 11 committee members: eight Council -appointed members and three designees from the County and municipal jurisdictions. Members are appointed for three-year terms, with a two -term limit. Returning members are required to have a one-year separation between terms, and that position is filled by another individual for the entire term. The SWAC meets on a quarterly basis to discuss current solid waste issues. To facilitate the development of the Plan, a SWAC subcommittee was formed to provide frequent direction to the planning team on an as -needed basis. The SWAC includes the following members, with SWAC subcommittee members designated: ■ County Council Representative ■ City of Bellingham Representative (SWAC subcommittee) ■ Small Cities Representative ■ Citizen Representative I ■ Citizen Representative II ■ Public Interest Group Representative I (SWAC subcommittee) ■ Public Interest Group Representative II ■ Business/Industry Representative (SWAC subcommittee) ■ Waste Collection Industry Representative ■ Waste Recycling Industry Representative (SWAC subcommittee) ■ Solid Waste Disposal Facility Representative The SWEC consists of the County Executive and Mayor of each city, and was established in 1991 by interlocal agreement. SWEC meets at least annually as may be necessary to approve the Plan or WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE 121 JUNE 14,2016 amendments to the Plan, review and approve budget proposals, flow control ordinance revisions, and other solid waste system policy considerations. 1.7 MISSION The County's mission through implementation of the Plan is to facilitate an economically efficient waste prevention, recycling, and disposal system that protects human health and the environment. The County provides for appropriate and economical utilization of natural resources for the citizens of Whatcom County by managing a privatized solid waste system. The Plan works to develop, monitor, educate and enforce various federal, state, and local government plans, laws, regulations, and grants. The County achieves this mission through the following objectives: ■ Reduce or prevent, where possible, the generation of solid waste and MRW and their associated issues through service -oriented, cost-effective actions in which prevention or reduction will protect human health, safety, and environmental quality. ■ Solve issues related to solid waste and MRW through service -oriented actions that protect human health and safety and environmental quality. ■ Maintain a balance with the privatized solid waste system while ensuring that user needs are satisfied. ■ Provide necessary support for the preceding goals, using service -oriented, cost-effective actions. 1.8 PROCESS OF UPDATING THE PLAN This Plan was developed by the County through direct input from staff, the public, SWAC, SWEC, WUTC, Ecology, and industry stakeholders. 1.8.1 DEVELOPMENT OF SOLID WASTE PLAN The preparation of the 2016 Plan began in July 2014. At the start of plan development, background information available in the previous plan was reviewed, and informational interviews with County staff and service providers were conducted to update the description of the overall County solid waste system. These interviews provided insight into the effectiveness of programs and system capacity from a service -provider perspective, with interviewees providing feedback on potential system gaps for further evaluation by the SWAC. This description was used as the basis for the data gathering analysis and reporting process for the plan update. An updated description of the current solid waste system was prepared so that all members of the SWAC had an accurate basis for evaluating the path forward. An evaluation of the system's past performance was conducted using data from Ecology's annual waste disposal and recycling summary for the County. Data from the past ten years were compiled and analyzed to understand total tonnage of waste recycled, diverted, and disposed of, as well as the breakdown by type of the county's recycled and diverted materials. This analysis resulted in a detailed understanding of the historical waste profile critical to understanding the value of specific waste management programs. WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE7 122 JU NE 14, 2016 A demographic analysis was conducted to understand historical population trends. Future population projections were also considered and the anticipated growth rate was applied to estimate future waste disposal and recycling trends. When considered with the waste generation information, changes in individual waste generation and recycling habits could then be analyzed. An updated understanding of the current system was developed with support from the SWAC subcommittee. County staff worked with the SWAC subcommittee and consultant team to identify 15 goals in these primary areas to address the needs identified through the planning effort. Forty- three supporting actions were developed by the County and its partners, providing a road map for strategic implementation of each goal. 1.8.2 IMPLEMENTATION PLAN The implementation plan described in Chapter 10 was developed to assist the County in the systematic achievement of each goal defined in this Plan through specific, measurable actions. Each of these actions is described in detail in the corresponding sections. Actions were prioritized over the six -year planning horizon, from year 2016 through 2021. The implementation plan is designed to assist the County with decision -making associated with new or expanded programming, as funding becomes available. 1.8.3 PUBLIC PARTICIPATION The SWAC meets on a quarterly basis to provide public input and advice to the County on a variety of solid waste management issues. To assist with the development of this Plan, the County SWAC formed a subcommittee of members who agreed to meet on a more frequent basis to facilitate the rapid development and evaluation of information and strategy. The subcommittee met periodically, between September 2014 and February 2015, and went through a process of evaluating the existing system, identifying needs, setting goals, and determining future action items. The progress of the plan development was reviewed with the SWAC during their regular quarterly meetings, with ultimate approval of all recommendations coming from the full SWAC. All draft chapters and subsequent revisions of the 2016 Plan have been reviewed by the SWAC. SWAC meetings were open to the public and provided opportunities for public input. Planning materials and periodic updates were posted on the County's solid waste web site to ensure inclusivity in the process. Following the development of the draft Plan, the Plan was presented to the full SWAC and then released for a 30-day public review and comment period. Toward the end of the review period, the County Council held a public hearing to consider public comments on the draft Plan. After revision to incorporate public and Ecology comments, and SWEC review and approval, the Council formally adopted the final Plan and submitted it to Ecology for approval. The final resolution for adoption and accompanying interlocal agreements are located in Appendix C, as are copies of SWAC and SWEC meeting minutes recommending Plan approval. 1.8.4 PUBLIC AGENCY REVIEW A State Environmental Policy Act (SEPA) checklist was prepared in conjunction with the Plan update. The submittals and meetings required for SEPA checklist review and approval were timed to facilitate the incorporation of the SEPA checklist (Appendix D) into the final revision of the Plan submitted to Ecology. WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGES 123 JU NE 14, 2016 The WUTC reviewed the draft Plan, as well as the WUTC Cost Assessment Questionnaire (Appendix E), during the approval process. The WUTC regulates solid waste companies and reviews solid waste plans to evaluate probable financial impacts to ratepayers. More information regarding their authority is provided in Section 9.1.1. The WUTC issued a letter dated September 10, 2015 indicating it had no comments on the revised Plan (Appendix E). The draft Plan was also reviewed by all participating local jurisdictions represented in the Plan. To ensure consistency with prior efforts, the Plan was also reviewed by the County Public Works Department, the previous County authority for solid waste management (effective January 1, 2015 the County Solid Waste Division was transferred from the Public Works Department to the Health Department). The County Health Department revised the Plan to address comments received from all parties. The revised draft was submitted to Ecology for its 120-day review and comment. Once the County incorporated Ecology's comments, the County carried out the local adoption process, including revisiting interlocal agreements with participating municipalities to ensure accordance with the terms. Following adoption, the final Plan was submitted to Ecology for final approval. Implementation of the 2016 Plan began following Ecology approval. 1.9 ORGANIZATION OF THE PLAN This Plan provides an overview of existing conditions, needs, and opportunities, as well as defining system -wide solid waste management goals. Action items supporting each of these goals are embedded in the corresponding chapter. The format of this Plan was drafted to correspond with the Plan Organization Table provided in the Ecology Guidelines for Development of Local Comprehensive Solid Waste Management Plans and Plan Revisions (Publication No. 10-07-005). However, the plan outline was modified following discussion with Ecology staff to meet the unique needs of the County, which operates as an administrative and educational agency overseeing a privatized solid waste system. The resulting plan framework focuses on system -wide goals and actions for implementing new programs and services, rather than evaluating alternatives for future specific facility or infrastructure improvements, which will be determined by the private waste collection and disposal providers. This Plan includes ten subsequent sections relating to: • Waste reduction ■ Public education ■ Recycling ■ Organics ■ Waste collection ■ Transfer and disposal ■ Special waste ■ Administration and enforcement ■ Implementation ■ Hazardous waste management WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE 124 JUNE 14,2016 Y PLANNING AREA 2.1 DESCRIPTION OF THE PLANNING AREA Whatcom County is the northernmost county in western Washington. The county, depicted in Figure 2-1, covers an area of 2,182 square miles and extends from the Strait of Georgia eastward to the crest of the Cascade Mountain Range. Whatcom County is bounded on the north by Canada, Okanogan County to the east, and Skagit County to the south. Nearly two-thirds of the county's total land area lies 'in the mountainous region of the Mt. Baker National Forest, with most of the population residing in the western portion of the county. The solid waste management planning area encompasses the entire county, including the incorporated municipalities of Bellingham, Blaine, Everson, Ferndale, Lynden, Nooksack, and Sumas, but excepting tribal lands. Figure 2-2 shows this area in greater detail, including city limits, urban growth areas, and tribal lands. 2.1.1 NATURAL ENVIRONMENT Topography Northwestern Whatcom County is relatively flat terrain, with elevations ranging from sea level to a few hundred feet above mean sea level. Rolling hills characterize the bottom southwestern portion of the county. The eastern portion of the county is typically mountainous. Mt. Baker, the most notable landmark of the North Cascade range, reaches an elevation of 10,781 feet (USGS, 2015). Climate The county's position between western ocean salt water and eastern mountains gives it a maritime climate. Winters are generally moist, with temperatures dropping into the 30 degrees Fahrenheit range; summers are generally dry, with temperatures in the 70 degrees Fahrenheit range. Precipitation falls mostly as rain in the lowlands and snow in the mountains, and varies from 30 inches per year near Puget Sound to as much as 200 inches annually in the Cascades. Hydrology Three main river systems, the Nooksack, Sumas, and Skagit, help to drain the lowlands, foothills, and western mountains. The largest body of water in the western part of the county is Lake Whatcom (4,924 acres) and is the main source of drinking water for Bellingham. Other sizable lakes include Lake Samish (809 acres), Lake Terrell (321 acres), Silver Lake (157 acres), Lake Padden (147 acres), and Wiser Lake (116 acres) (WDFW, 2015). Because of the county's hydrological features, the area available for the development of any future solid waste disposal landfill sites has proven to be extremely limited. Therefore, all solid waste generated in the county is transported to permitted sites outside the county. WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE 10 125 a R C C. dto N (� H'a �� s d m m �p'� y; - Gf N d R a U U 3 i� a. R� CL C t G } }1 JF 126 _ G ) § a - # -f z �)� / \\ ) \\\ 2 § �k2 �� 02 f ! ) �)2 Kk k� �`��) k2§2 _- - 77))�` \[\! §f\ )) {((22{][f\$\\!)_%)\_ �__ / . }f\�§�, k}! k E.L \ , <o�„ %lf--" . .. . a.. /� . , > _ ■ {f - . o § « - «r o ■ .u�o««c�%.v: z«» y 127 JU NE 14, 2016 Soils and Geology There are a wide variety of soil types in the lowland portions of the county, including sandstone, shales, conglomerates, and coal, all of which are underlain by sedimentary bedrock. The lowland consists of alluvial bottomlands, broad fluvial and glacial terraces, and several large moraines of bedded glacial till clays and gravels. The low -permeability cemented hardpan or clay soils provide protection of the underlying groundwater, but can also create constraints associated with construction of solid waste disposal facilities. A very compact or firmly cemented and comparatively impervious hardpan could result in a perched water table and make excavation difficult. From a solid waste management standpoint, the area's most important physical feature is the alluvial plain of the Nooksack River, which extends more than 20 miles inland and is a center for population and economic activity. The terrain is relatively flat, with a few low, poorly drained sections of lakes and marshes. The Nooksack River meanders slightly above sea level and periodically floods areas between Lynden and Ferndale. Just east of the alluvial plain, the north, middle, and south forks of the Nooksack River have formed narrow valleys as they flow out of the Cascade foothills. In southwestern Whatcom County, glaciers of the Pleistocene epoch (about 10,000 to 15,000 years ago) carried uplifted and eroded rocks to the sea, forrriing Lake Whatcom and Lake Samish, and affecting the Chuckanut Mountain Range. The southern edge of Bellingham is situated on the lower, primarily sandstone slopes of the Chuckanut Mountains. Potential land disposal sites can be found in the unconsolidated deposits of the lowland portion of Whatcom County. These deposits consist of two distinct types, characterized by whether they were formed by glaciers or water movement. Glacial movement formed marine and till deposits around King Mountain, Lummi Peninsula, the northern half of Lum ni Island, Mountain View, Birch Point, and Point Roberts. Glacial deposits are essentially an impervious, blue -gray, compacted mixture of clay, silt, sand, and gravel up to 50 feet thick. Deposits from water movement associated with glacial outwash and recent alluvium also contain clay, sand, silt, and gravel, but are not as impervious as the more compact glacial deposits. Such sedimentary deposits are located along the Nooksack lowland, Custer Trough, Lynden Terrace, and Sumas Trough. The detailed soils maps produced by the Soil Conservation Service and the U.S. Geological Survey should be consulted for site -specific information. 2.1.2 COUNTY DEMOGRAPHICS Population Waste generation, recycling, and disposal rates of an area are a function of the county's population and projected growth. The 2010 U.S. Census estimated the total county population as 201,140. The population of the incorporated areas was 114,061, while the population of unincorporated areas was 87,079. The U.S. Census defines urban areas as census -designated places that contain 2,500 residents or more. By this definition, 94.3 percent of the total county population resided in urban areas. Table 2-1 provides a more detailed breakdown of different areas in the county from the federal census data. WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE 13 W7 JUNE 14,2016 Table 2-1 Whatcom County Population PLACE 2000a 2010.3 2013 i Urban Areas Bellingham 67,171 80,885 82,759b Blaine 3,770 4,684 4,793b Ferndale 8,758 11,415 1 1,679b Lynden 9,020 11,951 12,228b Unincorporated Urban 66,117 80,789 82,661b Urban Subtotal 154,836 189,724 194,120b Rural Areas Everson 2,035 2,481 2,538b Nooksack 851 1,338 1,369b S umas 960 1,307 1,337b Unincorporated Rural 8,132 6,290 6,436b Rural Subtotal 11,978 11,416 11,680b TOTAL POPULATION 166,814 201,140 205,800- Source: -Data for 2000 and 2010 was provided by the U.S. Census Bureau. bThe breakdown of population estimated for each jurisdiction in 2013 was calculated by assuming the some population share for each jurisdiction in 2010. -Total population for 2013 is projected data prepared by OFM. Between 2000 and 2010, the growth rate of county population varied between 0.6 percent and 2.6 percent per year, with an average annual growth of 1.8 percent. Employment The U.S. Census 2013 American Community Survey reports that approximately 96,145 individuals above the age of 16 are employed in Whatcom County. The current employment rate is approximately 46.7 percent. This employment rate is comparable to the future statewide employment rates projected by OFM. To support the ongoing comprehensive planning update effort, the County also conducted analysis of employment in the county. The study utilizes county population and statewide employment forecasts, provided by OFM, to estimate an annual employment growth rate of approximately 1.1 percent through 2036. Overall, 64 percent of employment growth is expected to occur in the City of Bellingham Urban Growth Area (UGA), with additional growth occurring in the cities of Ferndale and Lynden (6.6 percent and 6.1 percent, respectively). The major growth sectors for the county as a whole are commercial (59 percent of total anticipated growth), industrial (26 percent), and retail (15 percent) (BERK, 2013). Table 2-2 illustrates historical employment rates in Whatcom County compared to Washington State. WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTEMANAGEMENT PLAN PAGE 14 129 JUNE 14,2016 Table 2-2 Employment Rates Whatcom County Washington State Historical Estimates 1990 50.6% 49.4% 2000 50.1 % 49.2% 2010 48.0% 47.1 % Projections 2020 - 46.6% 2030 - 44.8% 2040 - 44.4% Source: BERK, Whatcom County Population and Employment Projections and Urban Growth Area Allocations, 2013. (References: OFM Long-term Forecast of the Washington Labor Force, March 2012-2013, Employment Security Department Local Employment Statistics.) Employment opportunities in the county are diversified; however, health care and social assistance, retail trade, manufacturing, and education services provide the largest shares of employment. Table 2-3 provides more detail on the county's most substantial industry sectors. According to the U.S. Census Survey of business owners, conducted in 2007, there are nearly 20,000 companies in Whatcom County. Table 2-3 Whatcom County Employment Sectors, 2013 Industry % of Total Population Median Annual Income Health care and social assistance 13% $29,541 Retail trade 13% $21,231 Manufacturing 1 1 % $40,737 Educational services 1 1 % $26,687 Professional, scientific, management, and administrative 10% $33,640 Accommodations and food service 7% $13,393 Construction 6% $36,317 Financing, insurance, and real estate 5% $39,106 Public administration 5% 56,606 Transportation, warehousing, and utilities 4% $48,957 Other services 4% $21,014 Agriculture, forestry, fishing, hunting, and mining 4% $22,536 Arts, entertainment, and recreation 3% $21,821 Wholesale trade 3% $37,170 Information 2% $32,739 Source: 2013, U.S. Census American Community Survey WHATCOM COUNTY COMPREHENSIVE SOUD AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE 15 130 JUNE 14,2016 2.1.3 LAND USE Whatcom County covers approximately 2,152 square miles, with the majority (nearly three-quarters) of nonfederal land use distribution in unincorporated Whatcom County dedicated to forestry and agriculture. Residential lands make up approximately 11 percent of the county's unincorporated areas. The Washington State Growth Management Act requires that counties designate UGAs based on the 20-year population projections developed by OFM. By definition, these areas must contain enough space and density to accommodate the projected growth. Counties then allocate data - gathering tasks for more specific forecasts, which are essential for planning by cities, towns, and rural areas. Whatcom County's process involves all jurisdictions and the County's Planning Department. The Whatcom County Comprehensive Plan, most recently updated in 2014, sets policies for land use, community services, transportation, and environmental management. 2.2 HISTORY OF SOLID WASTE SYSTEM The 2016 Plan represents the sixth iteration of the Plan. Each planning period represents a chapter in the history of solid waste management in Whatcom County, and each has contributed to where we are today. Until the early 1970s, the County was involved in relatively unsophisticated solid waste disposal, the management of four dumps: Birch Bay-Lynden, Cedarville, Point Roberts, and Y-Road. In addition, two incinerators were privately operated by Recomp of Washington, Inc. and Olivine Corporation (the last incinerator, operated by Recomp of Washington, Inc., ceased operation prior to 1996). In the early 1970s, the County acquired minimal solid waste management planning responsibilities as a result of a new state law, and produced its first plan in 1974. The Plan was developed in conjunction with the cities and towns in the county, and recognized that open dumps were no longer an acceptable solid waste disposal method, and that public health and environmental concerns warranted a more rigorous approach. This is when "the system" was formed, and the County set up a separate Solid Waste Management Division within its Department of Public Works. At that time, state grants helped finance capital costs, while disposal or tipping fees financed operational costs. In the early 1980s, the system began closingits dumps to all municipal solid waste (MSW), and three of the four accepted only C/D waste until the late 1980s. During the late 1980s, the County relied on private disposal companies and Cedarville Landfill to provide for the county's waste disposal needs. The system also began environmental compliance at the closed landfill sites and developed the second iteration of the Plan. The 1980s saw the system expand its solid waste management activities to include more than disposal, at least partially as a result of increased state and federal requirements. During this period, the system closed most of its existing dumps, examined the feasibility of waste export versus finding a site for a new landfill, and began the development of the third iteration of the Plan. Most importantly, from a functional viewpoint, the system designed and implemented its initial recycling and MRW programs. Trends in federal and state environmental regulation had increased the emphasis on multimedia approaches to environmental problems. Activities such as solid waste management were seen as capable of contributing to the resolution of problems such as resource depletion and air and water pollution. For the first time, the system formally acknowledged that its WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE 16 131 JU NE 14, 2016 waste responsibilities extended beyond solid waste and beyond disposal -related activities. One component of this acknowledgment was the adoption, in the 1990 plan, of a 41 percent recycling goal by 1994. Since the 1990 plan was adopted, the system made the decision to abandon efforts to site a County - owned landfill, and expanded the recycling and MRW programs into the area of waste and pollution prevention, with an increased emphasis on recycling and MRW-related activities. In addition, environmental compliance responsibilities increased as a result of additional mandates and closure of the Cedarville Landfill. Since this time, the private sector has played an increasing role in the County's solid waste system, providing not only for disposal, but also for handling of solid waste. While the system owns the MRW Facility (Disposal ofToxics Program), the operation of the facility is contracted out. Later iterations of the Plan, in 1999 and 2008, stressed the importance of diverting waste from landfill through reducing, reusing, recycling, and composting. The primary roles of the County in the current system revolve around in-house waste prevention, public education and outreach, in-house recycling, MRW disposal, monitoring and compliance at closed landfills, enforcement, and administration. 2.3 QUANTITY AND CHARACTERIZATION OF SOLID WASTE This section identifies and characterizes the county's waste stream, which provides the information necessary for evaluation of existing programs, development of new strategies, and implementation of new or revised planning measures. 2.3.1 SOLID WASTE DEFINITIONS The following definitions describe general categories of waste discussed throughout this Plan. A more comprehensive glossary of definitions is provided immediately following the main body of this document. Solid Waste: All putrescible and non-putrescible solid and semisolid wastes, including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, C/D wastes, abandoned vehicles or parts thereof, contaminated soils and contaminated dredged material, and recyclable materials. MSW: A subset of solid waste that includes unsegregated garbage, refuse, and similar solid waste material discarded from residential, commercial, institutional, and industrial sources and community activities, including residue left after recyclables have been separated. Industrial Waste: Industrial waste includes by-products from manufacturing operations, food processing, and other industrial processes, such as scraps, trimmings, packaging, boiler ash, wood - product residuals, and other discarded materials not otherwise designated as a dangerous waste under WWC Chapter 173-303. Recycling: Transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill disposal or incineration. Recycling does not include collection, compacting, repackaging, and sorting for the purpose of transport. WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE 17 132 JU NE 14, 2016 Diversion: Any method of recycling, energy production, or beneficial use that prevents disposition of material in landfills or incinerators. This definition includes all materials that are reported as recyclable. Waste Reduction: Also sometimes referred to as "waste prevention" or "precychng." Waste reduction is the practice of minimizing waste through responsible purchasing and consumerism. It is, essentially, removing waste from the waste stream by not creating it in the first place. Waste reduction is typically achieved through better product or packaging design, by improved efficiency of use by the end user, and/or by process management. 2.3.2 WASTE DISPOSAL The discussion presented below is based mainly on data that were collected by Ecology and provided to Whatcom County.' A total of 311,842 tons of solid waste was generated in Whatcom County in 2013 (this is inclusive of recycled, diverted, MSW, and industrial and inert wastes). Most of the total solid waste generated in the county is MSW, with roughly 56 percent of total county wastes disposed of at Columbia Ridge landfill in Arlington, Oregon (RDS), roughly 36 percent disposed of at the Roosevelt Landfill in Roosevelt, Washington (RDC), and a very small amount disposed of at the Headquarters Landfill in Cowlitz County, Washington. The remaining 8 percent of waste was disposed of at the BP Cherry Point landfill in Blaine, Washington, the Cemex waste landfill in Everett, Washington, the greater Wenatchee regional landfill in East Wenatchee, Washington, and Graham Road Recycling and Disposal in Medical Lake, Washington. 2.3.3 POPULATION PROJECTIONS OFM's population estimates for 2013 are used as a basis for the discussion below (OFM, 2014). OFM provides population forecasts for each county in Washington State. OFM has prepared high-, medium-, and low -series population projections for Washington counties through 2040. RCW 43.62.035 provides that counties may, for purposes of growth management planning, use values between the high and low projections. As shown in Table 2-4, the intermediate series population projection predicts a county population of 284,901 in 2040. These populations would be attained with an average annual growth rate of approximately 1.4 percent over the planning period. The OFM low- and high -series projections have average annual growth rates of approximately 0.8 percent to 2.1 percent, respectively. i hap: ZZwww.eQ.wagov rograms/swfa/solidwastedata/disposal/LandfillReeports2013;1)df WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTEMANAGEMENT PLAN PAGE 18 W.] JU NE 14, 2016 Table 2-4 OFM Population Projections Year Low Series Medium Series High Series 2015- estimated current 192,540 210,050 231,274 2020 202,407 225,307 255,019 2025 210,985 241,138 287,764 2030 217,628 256,643 302,509 2035 224,268 271,142 326,254 2040 230,908 284,901 350,000 Average Annual Percent Growth 0 8% 1.4% 2.1 Note: All projections based on 2010 base year population of 201,140. Figure 2-2 OFM Population Growth Trajectory for Whatcom County —Low, Medium, High 400,000 350,000 300,000 250,000 200,000 150,000 100,000 Census ( OFM Estimate a@••+®• 2012GMAHigh 2012 GMA Medium ....... 2012 GMA Low abab a b Sa '.. as b ... b ♦b 50,000 1960 1965 1970 1975 1980 1985 1990 1995 2000 2005 2010 2015 2020 2025 2030 2035 2040 Continued increases in population and households likely will result in increased overall solid waste generation, which will increase the need for continued emphasis on waste reduction and recycling. WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE19 134 JU NE 14, 2016 2.3.4 SOLID WASTE PER CAPITA In 2013, 311,842 tons of MSW (including recycled and diverted material) was generated in Whatcom County (see Table 2-5). Of that total amount generated, 135,134 tons were transported to and disposed of at an MSW landfill. With an estimated population of 205,800 in 2013 (OFM, 2014), the county's municipal disposal rate was 1,313 pounds per person per year, or 3.60 pounds per person per day. Table 2-5 summarizes the county's total waste and diversion rates per capita over the last ten years. Table 2-5 Whatcom County Municipal Solid Waste Summary -Total and Per Capita 2003-2013 Year 2003 68,327 123,847 135,114 777 1,407 1,536 2004 80,447 157,417 140,913 983 1,747 1,564 2005 93,643 107,677 142,324 1,013 1,164 1,539 2006 109,583 105,430 152,664 1,153 1,109 1,606 2007 132,007 88,602 156,043 1,349 906 1,595 2008 121,917 28,232 149,751 1,234 286 1,515 2009 92,358 75,300 138,623 925 754 1.388 2010 103,385 88,194 133,943 1,028 877 1,332 2011 129,553 55,679 130,171 1,282 551 1,288 2012 120,215 88,347 132,539 1,181 868 1,303 2013 114,055 62,653 135,134 1,108 609 1,313 NOTES: Tons landfilled data for 2003-2013 are taken from annual Ecology records. Recycled tons are taken from annual Ecology Recycling Survey. 2.3.5 WHATCOM COUNTY COMPREHENSIVE SOUD AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE20 135 JU NE 14, 2016 2.3.6 DISPOSED -OF MUNICIPAL SOLID WASTE STREAM COMPOSITION In 2009, Ecology conducted a four -season MSW characterization study that identified major waste stream compositions for specific counties in Washington State.'` The study included wastes generated from four major sectors: commercial waste sector, residential waste sector, self -hauled C/D waste sector, and self -hauled other waste sector. Figure 2-3 below shows the disposed -of waste stream composition for the county from all waste sectors averaged over the four seasons. Figure 2-3 Whatcom County Waste Stream Composition 2009 Seasonal Study (All Seasons)* Construct 30% Consume Products, 7 Waste, .1% Oilp'i'x 11% *Ecology seasonal percentages have been averaged among the four seasons. The annual disposed -of waste stream composition for Whatcom County is nearly identical to the waste stream composition for Washington State as a whole. 2 htti2://ww-w.ecy.wa.gov/t)ubs/ 1007023pdf WHATCOM COUNTY COMPREHENSIVE SOUD AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE21 LL+1los� JUNE 14,2016 2.3.7 OTHER DISPOSED -OF SOLID WASTE Table 2-6 shows the other major waste streams generated in Whatcom County in addition to MSW. Mlle z-1 Whatcom County Total Tonnage of Waste Disposal 2003-2013 Year Municipal Waste Industrial Waste Petroleum- Contaminated Soil C/D Waste Asbestos - Containing Materials 2003 135,114 2,663 1,808 17,019 294 2004 1,40,913 16,827 9,765 24,312 473 2005 375,284 176,816 18,106 15,483 413 2006 152,664 4,556 5,665 16,727 381 2007 156,043 29,503 11,299 815 6,214 2008 149,751 3,447 10,901 3,034 1,004 2009 138,623 1,511 12,197 460 67 2010 133,943 4,109 10,485 2,938 236 2011 130,171 7,893 16,332 440 227 2012 132,539 13,380 8,062 2,270 115 2013 1 135,134 3,407 6,027 4,541 93 Percent of Total Waste Stream 79% 12% 5% 4% <1 % 2.3.8 DIVERSION AND RECYCLING RATES Diverted waste is the prevention of landfill disposal of generated waste though source reduction, reuse, recycling, energy recovery, or composting. The waste diversion rate for the county over the most recent five-year period (2009 to 2013) has fluctuated between 52 and 58 percent. The rate of recycled MSW over the same period has been between 40 and 50 percent. Major diversion streams for the county include C/D-related waste, metals, paper, and organics. Major recycled streams for the county include metals, paper, and organics. Figure 2-4 illustrates the major recycle stream compositions. WHATCOM COUNTY COMPREHENSIVE SOUD AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE22 137 Figure 2-4 Whatcom County Recycled Stream Composition 2007-2013 other,3% Electronics, 1% Vehicle, 3% Plastic, 2% JU NE 14, 2016 A summary of the overall diversion and recycling rates for 2013 are summarized in Table 2-7. Total Tonnage of Waste Generation, Diversion, and Recycling Whatcom County 2013 Total Tonnage of Waste Generation and Diversion (2013) MSW Disposed Of 135,134 Other Waste Types Disposed Of 26,551 Recycled MSW 114,055 Div erted MS W 62,653 TOTAL MSW GENERATED TOTAL RECOVERED 249,189 176,708 TOTAL WASTE GENERATED 338,393 OVERALL RECYCLING RATE 46% OVERALL DIVERSION RATE 52% 2.3.9 WASTE PROJECTIONS Per Capit a W ast e Project ions The per capita MSW generation chart is shown in Figure 2-5, highlighting two drastically different trends. Between 2000 and 2008, per capita waste generation rates ranged between 2,300 and 2,600 pounds per person. However, starting in 2009, the per capita waste generation rate fell to a very WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE23 W-01 JU NE 14, 2016 consistent level of between 2,000 and 2,100 pounds per person. A large part of the change in the annual per capita waste generation rate likely is due to the significant financial recession that began in 2008. This change in the per capita trend is a phenomenon has been observed at a state and national level. A portion of the drop in the per capita waste generation likely is also a result of increasing public awareness of the negative economic and environmental impact, which resulted in improved efficiency (reducing management costs) and/or community motivation to prevent the generation of solid waste. Table 2-8 illustrates the pattern of waste generation trends in the county since 2003. Table 2-8 Waste Summary —Change Over Time 2003-2013 Year Tons MSW Landfilled Annual Percent Change Tons Recycled Annual Percent Change in Tons Recycled 2003 135,114 68,327 2004 140,913 4.1 % 80,447 15.1 % 2005 142,324 1.0% 93,643 14.1 % 2006 152,664 6.8% 109,583 14.5% 2007 156,043 2.2% 132,007 17.0% 2008 149,751 -4.2% 121,917 -8.3% 2009 138,623 -8.0% 92,358 -32.0% 2010 133,943 -3.5% 103,385 10.7% 2011 130,171 -2.9% 129,553 20.2% 2012 132,539 1.8% 120,215 -7.8% 2013 135,134 1.9% 114,055 -5.4% NOTES: Tons landfilled data for 2003-2013 are taken from annual Ecology records. Recycled tons are taken from annual Ecology Recycling Survey. There are very few data to support the full development of a predictable trend at this lower rate of change in the per capita waste generation rate. Additionally, at the writing of this Plan (2015), the market conditions that were seen during the recession have largely reversed. Therefore, a projection of the per capita MSW generation in Whatcom County has been developed for both of the trends that are shown in Figure 2-5: a high projection assumes the gradual return to the generation rates and annual growth that were observed prior to the recession; and a low projection that assumes maintaining current waste -generation habits. The per capita low projection of waste generation decreases at a rate of 5 pounds per person per year, while the high rate increases at 52 pounds per person per year. The per capita low projection of recycling increases at 10 pounds per person per year, while the high rate increases at 22 pounds per person per year. WHATCOM COUNTY COMPREHENSIVE SOUD AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE24 139 JU NE 14, 2016 Figure 2-5 Whatcom County Waste Projection, Per Capita PER CAPITA WASTE PROJECTIONS 4,500 MSW Generated Per Capita MSW Disposed Per Capita � - High MSW Generation. Projectior. High MSW Disposed Projection 4,000 d----Medium MS\N Generation Projection Medium MSW Disposed Projection — • -I mv MSW Generation Projection Low MSW Disposed Projection 3,500 ------- MSW Recycled Per Gapit:a - Low MSW Recycled Projection - �-- -- Medium MSW Recycled Projection-• - mm High MSW Recycled Projection 3,000 z 2,500 O a m 2,000 1,500 r^"^� 0 1990 1995 2000 2005 2010. Total County Waste Projections 2015 2020 2025 2030 2035 2040 2045 YEAR Estimates for future waste generation, recycling, and disposal are generated by multiplying the population projections with the per capita waste generation projections. The medium series population projection is shown in Figure 2-6, reflecting the high and low per capita as shown in Figure 2-5. The middle per capita number combined with the medium series population growth for the county identifies a 20-yearwaste potentialof 350,000 tons generated, 200,000 tons disposed of, and 150,000 tons recycled. Solid waste service providers were apprised of these waste projections throughout development of this revision of the Plan and have ensured the County that they will continue to plan for and construct sufficient system capacity in advance of need. The County will continue to work with the private solid waste service providers to ensure that facility capacity is constructed in advance of need. WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE25 mil JUNE 14,2016 Figure 2-6 Whatcom County Waste Projection, Total COUNTY TOTAL. PROJECTIONS 640,000 County Total MSW Generation —County Total MSW Disposed 540,000 �, �.. High MSW Generation Projection — High MSW Disposed Projection fi -----Medium MSW Generation Projection — a a Median MSW Disposed Projection Loan MSW Generation Projection Low MSW Disposed Projection fi —--- County Total MSW Recycled Low MSW Recycled Projection .� fi 440,000 Median MSW Recyled Projection-- High MSW Recyled Projection fi 0 z O 340,000 240,000 , 14D,0(k3 . 40,000 1990 ..1995 2000 2005 2010 2015 2020 2025 )030 2035 2040 YEAR 2.3.10 MODERATE -RISK WASTE MANAGEMENT 2045 MRW is regulated as solid waste, and is defined as hazardous waste (waste chemicals) generated from households and qualified CESQG businesses (conditionally exempt small quantity generators). The State of Washington's 22nd Annual Status Report on Solid Waste, published by Ecology in December 2013, provides a summary of the statewide solid waste activities, including MRW activities. The report states that Whatcom County was one of the five counties that publicly collected the most CESQG waste per capita. The County collected 92,365 pounds of CESQG waste in 2012. WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTEMANAGEMENT PLAN PAGE26 141 JU NE 14, 2016 3 WASTE REDUCTION AND PUBLIC EDUCATION The State of Washington identifies source reduction of waste as a fundamental strategy and a top priority for solid waste management (RC)k 70.95). As a result, waste reduction is a critical element of all local solid waste management plans. Waste reduction is defined in RCW 70.95.030 as "reducing the amount or toxicity of waste generated or reusing materials." Recycling is defined in RCW 70.95.030 as "transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill disposal or incineration." There are two primary reasons for promoting waste reduction. One is to reduce the risks associated with all solid waste management methods by reducing toxicity. Reducing the toxicity of solid waste makes all solid waste management methods safer and helps develop public confidence in waste management methods. The other reason is to reduce the quantity of discarded materials. This extends the useful life of existing and future facilities and conserves natural resources; there is also significant economic value to the avoided cost of disposal. Waste prevention and pollution prevention are the most environmentally beneficial waste management strategies. There has been a recent trend in increased focus and support for waste and pollution prevention, including the most recent revision to the Beyond Waste Plan. An obstacle that remains, however, is that while individual companies can achieve considerable economic benefits through waste and pollution prevention, no other company, such as a hauler or processor of recyclables, will gain from another party reducing their generation of waste. This is contrary to the situation of recyclables, where certain companies earn money by helping others to recycle. Since no such profits exist in the case of waste or pollution prevention, the marketing of these strategies is left largely to the public sector and nonprofits, with some exceptions. In Whatcom County, County programming and work conducted by Sustainable Connections, RE Sources, WSU and others attempt to fill this void. In a few cases, private haulers have demonstrated a balanced approach by pursuing community outreach efforts and providing technical assistance to businesses with reduction and recycling. For example, SSC currently provides waste audits to businesses in order to increase efficiency in their customers' system and to help save money and gain efficiencies. The objective of this chapter is to identify waste reduction actions that are reasonable for implementation in the county. 3.1 EXISTING CONDITIONS 3.1.1 PUBLIC SECTOR ACTIVITIES Whatcom County In a privatized solid waste system, a primary County role in solid waste management is public outreach and education, as well as overall program assessment. The County conducts, sponsors and/or contracts for several waste prevention and public outreach programs, including in -class education, green classroom certification programs, business outreach through the Local Source Control and EnviroStars programs, and volunteer training through the Washington State University WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE27 142 JUNE 14,2016 (WSU) Extension Master Recycler & Composter Program. The County also serves as a resource for members of the public who may have questions regarding the solid waste program. Classroom Education and Programming are provided by the County through contracts with third -party entities, currently RE Sources. County contractors provide in -classroom education to educate students on responsible waste management, including ways to minimize waste and disposal. Green classroom certifications and waste audits are also provided as a means to measure classroom and cafeteria waste and educate students. More details are provided in Section 3.1.3. Local Source Control is a program funded through grants from Ecology to both the County and the City of Bellingham that provides business assistance for hazardous materials management, stormwater protection, and other resource management issues. The grant focuses on "source control" and the process of identifying pollution sources and preventing them from entering the environment. Included in these activities is providing technical assistance to businesses to reduce pollution through site visits to businesses. County staff help businesses identify and mange dangerous waste, prepare for spills, and reduce stormwater pollution. The grant also funds the EnviroStars Program (below). The EnviroStars Program profiles sustainable businesses and provides a rating system that helps businesses communicate to the public their conunitment to environmental protection. The program provides technical assistance with: • Waste storage ■ Disposal and recycling ■ Spill management and prevention ■ Stormwater protection ■ Washwater practices ■ Recordkeeping ■ Processes that generate wastewater ■ Outdoor storage of products and waste ENVIROSTARS- ... �erii{lr,� uw�ronninnddlty re,.:9on_�bic�� bu�nr�>S araGti�7�a To qualify as an EnviroStar, businesses must not generate large quantities of hazardous waste and must set goals to reduce hazardous materials and improve handling practices. Businesses are rated on a scale of two to five stars based on their ability to reduce waste, protect water quality, conserve energy, and educate the public on green practices. EnviroStar businesses are listed in the annual EnviroStars directory and receive a window decal advertising their participation in the program. Businesses are also recognized through radio, print, and online advertisements and through award nominations. The program is a joint effort between the Whatcom County Health Department and the regional EnviroStars Cooperative. Assistance is provided in conjunction with the County's Local Source Control program. City of Bellingham A Single -Use Carry -Out Bag Ordinance, commonly referred to as the "plastic bag ban," was instituted in the City of Bellingham through Ordinance 2011-07-034. The ordinance prohibited the WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE28 MR] JU NE 14, 2016 use of single -use, plastic, carry -out bags less than 2.25 mils' thick, like those typically provided by retailers at the point of sale. Thick plastic bags, thicker than 2.25 mils, are deemed reusable and may be with or without a charge, at the store's discretion. Large paper bags require a 5-cent charge and must be a minimum of 40 percent post -consumer recycled fiber. Fiber content is required to be marked on the outside of the bag. The ordinance represents a big step forward in reducing litter and unnecessary waste, protecting water and wildlife, and saving money by reducing the use of plastic bags in the community. The ordinance was approved in July 2011 and took effect in August 2012. 3.1.2 PRIVATE SECTOR ACTIVITIES Repair and reuse of durable products represent the most traditional forms of waste reduction and are well established in the county. There are various nonprofit and for -profit ventures in the county that accept or purchase used goods and resell them through local storefronts and other outlets. Online material exchanges such as Craigslist (http://www.craigslist.org/1 and Industrial Materials Waste Exchange (IMEX; http://www.lhw=.org/home/BHW/index.astx), are additional resources available for material exchange and resale. Reuse of goods is a significant contributor to the success of waste -prevention activities but is also extremely hard to measure because these businesses do not track and report their data in a measure that is comparable to waste (i.e., weight in tons). The following organizations accept used goods from the public in the county. This list of organizations should not be considered inclusive of all organizations that accept used goods. Appliance Depot offers free curbside pickup of large household appliances in the City of Bellingham. Pickup service in other areas of the county is also available. Appliance Depot reconditions and then sells these appliances. ARC of Washington State offers curbside pickup of bedding, small appliances, videos, small children's items, clothing/shoes, craft items, furniture, kitchen equipment, home goods, musical instruments, records, tapes, CDs, camping equipment, and VCRs. Donated materials are sold to the public. Goodwill Bellingham accepts reusable clothing, household items, and electronics, including televisions, computer monitors, desktop computers, and laptops. Donated materials are sold to the public. Habitat for Humanity accepts donations of surplus building materials, furniture, and appliances. Materials are sold to the public at discounted rates. Northwest Center's Big Blue Truck offers curbside pickup of bedding, small appliances, books, videos, clothing/shoes, craft items, small furniture, kitchen equipment, records, tapes, CDs, toys, bikes, camping equipment, VCRs. Donated materials are sold to the public. The RE Store is a program of RE Sources for Sustainable Communities. Staff and volunteers work to divert more than 4 million pounds of C/D waste annually by deconstructing small homes and outbuilding, salvaging usable building materials and furnishings from residential and commercial 3 A mil is equivalent to one thousandth of an in& WHATCOM COUNTY COMPREHENSIVE SOU AND HAZARDOUS WASTE MANAGEM ENT PLAN PAGE29 144 JUNE 14,2016 buildings, offering free pickup of usable building materials and usable manufacturing by-products, and accepting material donations at their facility. The RE Store operates a retail store that sells affordable building materials and furnishings as a quality alternative to new products; locally manufactures fine, handcrafted furniture and furnishings created from repurposed building materials; offers educational opportunities to the community throughout North Puget Sound; and has an extensive community jobs training program with more than 225 work trainees and volunteers, totaling more than 5,100 hours annually. Salvation Army Bellingham accepts clothing, furniture, electronics, and household goods, including pots, pans, and blankets. Donated materials are sold to the public. Value Village Bellingham accepts reusable clothing, household items, and electronics, including televisions, computer monitors, desktop computers, and laptops. Donated materials are sold to the public. Education programming and public outreach efforts are also provided by the private sector and nonprofit entities. SSC has provided over 2,000 free commercial waste evaluations since 1996. Evaluations are provided to local businesses, government agencies, and institutions such as school districts, St. Joseph's Hospital, and local colleges and universities. These on -site evaluations continue to be provided on request, and through SSC's participation as a Pioneer Business Partner in the Toward Zero Waste Program organized by Sustainable Connections in concert with the City of Bellingham and Whatcom County. Participating entities receive a written report outlining current activities and additional opportunities in waste reduction, reuse, and recycling, as well as links to resources in similar community efforts for water, energy, and traffic. Aggregate recycling savings to the community at large totals in the tens of millions of dollars. Since 1994, the SSC Recycling Manager has reviewed all new commercial and multifamily construction in the City of Bellingham (Ferndale and Blaine applications since roughly 2004) to help design safe and effective enclosures for recycling, composting, and refuse collection, thus adding to the permanent infrastructure in the community, making waste diversion easier and more cost effective. SSC also consults regularly with local processors, agency staff and elected officials on new opportunities in public area recycling, event recycling, and possible program expansions. Free recycling and waste prevention consultations have been provided to local event managers for twenty years, helping create an even stronger climate of resource conservation and community support for the curbside program serving all residents. NVD also provides educational materials at their facility and online to educate customers on proper waste -disposal practices, as well as recycling and composting. Sustainable Connections is a nonprofit membership organization that provides educational programming and technical services for reducing waste, increasing reuse and recycling, and increasing the purchasing of recycled and environmentally preferable products. Sustainable Connections provides waste audits, trainings, and education toolkits, and promotes companies committed to reducing waste in the community on a limited basis, determined by funding levels. Sustainable Connections is currently conducting business outreach through funding provided by the Alcoa Foundation. The program actively engages 50 businesses per year over a two-year period, helping participants implement individual Toward Zero Waste (TZW) plans. Of these businesses, 30 to 35 typically are existing participants who need supplemental hands-on assistance to successfully WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE30 145 JU NE 14, 2016 implement TZW, and ten to 15 are new participants interested in establishing TZW in their businesses. By September 30, 2014, a total of 365 participating businesses showed improvement in at least two of the following areas: ■ Reducing solid waste generated by 50 percent compared to pre-TZI participation ■ Increasing recycling and composting by 50 percent ■ Reducing their largest solid waste stream ■ Participating in additional sustainable business practices 3.1.3 NONPROFIT AND INSTITUTIONAL ACTIVITIES RE Sources is a nonprofit environmental education organization that provides technical assistance for clean energy, water, carbon emissions, and school education programs. RE Sources also operates The RE Store reuse facility. Currently the Sustainable Schools team offers two types of programming on behalf of the Whatcom County Solid Waste Division's traditional in -class presentations on solid waste, paper -making, and household hazardous waste; and a Green Classroom Certification program for elementary schools. The Green Certification builds on the introductory presentations to create a structured way for classrooms to implement behavior change in the classroom and beyond. In 2014, RE Sources conducted programming in 81 classrooms, made contact with 1,685 students, and certified seven Green Classrooms. Outreach took place in 15 different schools in six school districts throughout Whatcom County. The 1999 Plan states that, before County funding was reduced, RE Sources conducted outreach to 331 classrooms in the 1995 annual budget cycle. RE Sources is seeking additional funding to expand and extend waste prevention education programming to the middle school level in 2015 and explore the potential for programs at the high school level in 2016. In addition, RE Sources will continue to develop relationships with district - level staff, starting with Mt. Baker School District. In addition to local efforts led by RE Sources, a handful of schools also participate in the Washington Green Schools program, which provides support and resources provide resource conservation education. County funding for solid waste education is supplemented by funding provided by private foundations and a Washington Service Corps AmeriCorps service member placement. These additional funding sources support education for clean energy, clean water, and low -carbon -living programs. The RE Store provides manufacturing businesses with a waste or by-product audit to identify usable materials and an end use through repurposing as a means for increased diversion and cost savings to those businesses. WSU, Whatcom County Extension hosts a Master Composting & Recycling Program. The effort is a volunteer service program in which volunteers are trained in methods for reducing waste and increasing public awareness of opportunities to prevent waste, recycle, and compost in Whatcom County. Course participants work with local organizations, community members, neighborhoods, schools, and workplaces, or at special events encouraging waste prevention, recycling, and composting. Scheduled programming for 2015 includes a four -week course with an emphasis on composting and soil building. Enrollment is anticipated at 12 to 15 students. WHATCOM COUNTY COMPREHENSIVE SOLD AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE31 G , R JU NE 14, 2016 3.1.4 FORMER EDUCATION EFFORTS (COUNTY, PRIVATE, AND NONPROFIT) Although current programming is viewed as an effective mechanism for maintaining current waste - reduction levels, funding for such programs is scarce and many previous programs were discontinued during the economic recession. The County has a long history of public education and outreach regarding solid waste best management practices. Although these programs have been successful, the County was forced to reduce funding allocated toward public education during the Great Recession. As funding levels return to pre -recession levels, the County may look toward the success of former programs, either reinstating them or preparing new programs. Examples of programs that were previously funded by the County, or that could potentially be funded by the County in the future, are listed below. The Toward Zero Waste (TZW) Initiative is an ongoing effort to reduce waste, increase reuse and recycling rates, and increase purchases of environmentally friendly products by businesses in the county. The program, led by Sustainable Connections, receives funding from multiple public and private sources to promote the TZW in person to a list of nearly 700 business leaders and participants. Outreach staff attend local conferences and events to promote sustainable waste management practices. In addition, the initiative funds the update of the Construction Waste Recycling Toolkit and Service Provider Directory, which is widely distributed both in print and online. Despite the lack of County funding, the program has been highly successful. As of the end of 2014, 379 businesses were participating in the TZW program. Eighty-two percent of respondents have reduced, reused, or recycled their largest waste stream, 54 percent of participants reduced the size of their garbage dumpster, 34 percent of participants reduced the frequency of waste hauler pickup, and 49 percent of TZW participants have instituted at least one additional sustainable business practice. This effort, originally launched in 2009, received funding from Whatcom County in 2009 and 2011, but has not received additional County funding since. Most current program funding comes from private foundations and grants. An Ecology Public Participation Grant (PPG) formerly provided for technical business assistance that was contracted to Sustainable Connections. The program provided technical assistance and educational outreach to commercial entities over a 15-month period in order to promote Green Building and TZW practices. Outreach was conducted to building professionals, business owners, and individuals interested in environmental friendly and energy saving practices. Technical workshops and green building tours were conducted for designers, developers, media, and business entities. Funding was also used to coordinate with waste service providers to measure monthly volumes of generated waste, recycled materials, and costs to business owners for committing to TZW and green building practices. The quantitative data were intended to measure the effectiveness of these methods; however, the PPG was awarded in 2009, but was pulled early because of shortfalls in the Washington State budget. Sustainable Connections has been able to pursue similar work, in smaller amounts, through a Sustainable Path Toward Zero Waste Grant, awarded for 2011-2012. As part of this work, Sustainable Connections conducted a waste audit for the Whatcom County Library System central services, illustrating that waste streams could be reduced by 70 percent by separating materials disposed of. This recommendation has now been effectively implemented in nine other County library locations. WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTEMANAGEMENT PLAN PAGE32 147 JU NE 14, 2016 A formal Recycling Hotline was operated by the County, and previous to that, by RE Sources, to answer questions regarding waste reduction, recycling, composting, and household hazardous waste. Callers were served by a recorded message and were referred to the County's solid waste Web site, or were able to leave a message. Messages left on the hotline were returned by solid waste staff multiple times per week. Calls made to the hotline are now redirected to the County Health Department receptionist and calls are referred to relevant staff. Additional resources are available online through the state https://www.facebook.comZl800recycle.wa.gov and http1/1800recycle.wa.gov, and via live phone assistance during the week (9:00 a.m. - 3:00 p.m.) at 1- 800-RECYCLE (1-800-732-9253) Diaper Education Programs were formerly provided in cooperation with Bellingham Technical College; these provided diaper use alternative information through teacher training, student brochures, and an instructional video. Teachers use this information in prenatal and parenting classes. The County also cooperated with the Health Department to distribute this information to daycare providers in hopes of influencing diaper use decisions at daycare facilities. Cloth diaper use increased dramatically (285 percent) as a result of the program. The Paper Tiger Program used posters and brochures to emphasize ways to reduce the amount of waste paper produced in government and business offices. Paper Tiger materials were distributed to businesses and institutions throughout Whatcom County. "Absolutely Free" Listings were free advertisements for free items that ran in four newspapers, the Bellingham Herald, Lynden Tribune, Ferndale Record Journal and the Echo, as well as KGMI radio station and TCI cable station. Permanent Information Centers were installed in 1992 to provide solid waste information on brochure racks throughout the county. Locations include libraries, city halls, post offices, malls, recreation centers, senior centers, Western Washington University and Whatcom Community College. Event Recycling was provided by RE Sources with funding from the County (and is now required by law). RE Sources developed an event recycling guide that detailed how to host large, waste -free events (i.e., soccer tournaments, fundraisers, concerts) and then managed a crew of volunteers who staffed the garbage cans at several County events, including Ski to Sea, directing people how to dispose of their waste. Dish Rental service was provided by RE Sources with funding from the County. RE Sources maintained a set of 100 dishes, flatware, and glasses and made them available to the public free of charge. RE Sources still receives inquiries about borrowing flatware. Electronics Recycling assistance was provided by RE Sources in partnership with Ecology and local retailers. Information was provided at stores selling computers, TVs, and other electronics to educate the public on the importance of recycling electronic waste (e-waste) and the programs available to do so. In addition, certain electronics can be recycled for free through a product stewardship program call E-Cycle Washington launched in 2009. 3.2 NEEDS AND OPPORTUNITIES The State has identified citizen participation as a critical element in decreasing the per capita waste - generation rate. County residents currently generate approximately 2,422 pounds of waste per person per year, compared to the state rate of 2,552 pounds per person per year. After accounting WHATCOM COUNTY COMPREHENSIVE SOUD AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE33 JUNE 14,2016 for waste reduction and recycling, county residents dispose of 1,313 pounds per person per year compared to the state rate of 1,303 pounds per person per year. In summary, the average resident is generating less waste than the state as a whole, but somewhat less material is being recovered from the waste stream prior to disposal. As presented in Section 2.3.8, based on the historical trends and existing waste reduction programs, the county per capita waste -generation rate is expected to stay level or increase at up to 2 percent per year over the next twenty years. The goal of successfully implementing the goals and actions of this Plan is to keep per capita generation to the mean 2016 level (or below 2,500 pounds of waste per person per year) and up to a 2 percent decrease in per capita waste generation annually after 2016 (50 pounds per person per year decrease). Keeping per capita waste generation levels steady as the state economy improves is a significant challenge that should be considered to be an indicator of a successful effort. Given the significant volumes of material that require disposal and the projections for continued population growth, there is a need for the County to maintain and strategically improve, as appropriate, its formal waste -reduction programs. It should be noted that with contamination losses of less than 1 percent, the county's effective recycling diversion per capita is significantly higher than the state average, where contamination and processing losses from single stream recycling approach 25 percent by weight. Waste reduction is the state's highest waste management priority. The Solid Waste Management Planning Guidelines recommend that local jurisdictions, such as the County, set specific waste - reduction goals and implement programs to reduce waste. The County may consider not only development of waste -reduction programs, but also a mechanism for tracking subsequent results. Initial recommendations highlight the need to track county waste trends. Voluntary waste reduction can only be achieved through inclusion of public education, media campaigns, waste audits, classroom education and other outreach activities that promote the economics, necessity, and purpose of waste reduction. If the public does not understand these values, waste reduction efforts are not likely to succeed. If necessary, waste reduction goals may also be supported by regulatory requirements. Easily accessible information is critical to raising public awareness of County- and non -County - funded waste programs and encouraging public engagement in the waste management dialogue. To heighten public awareness, a rebranding effort may be undertaken to reenergize the community's efforts and increase program recognition. Residents who understand that the County has a role in management of the solid waste system may use the County as a resource when looking for information about management and disposal options. The County can play a significant role in providing easy access to waste management information that is spread to various Web sites, such as those maintained by the private haulers and transfer facilities, composting facilities, the master gardener program, and other municipal entities. Public education and awareness efforts may also be expanded to include preparation of educational materials that advertise the solid waste services available through the County, haulers, facilities, community partners, and Ecology. Outreach efforts could be enhanced to include a greater presence at public events or by posting the County web site address prominently in public places (e.g., libraries and municipal buildings). The County may also partner with haulers to distribute informational material through billing systems. WHATCOM COUNTY COMPREHENSIVE SOUD AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE34 149 I O � °ao b u y O � � o (� U O v cd U C) O u � O U u � o uU r. 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Recycling does not include "collection, compacting, repackaging, and sorting for the purpose of transport" . AC 173-350-100, as adopted by reference in WCC 24.06, Solid Waste Rules and Regulations). 4.1 EXISTING CONDITIONS Recyclable materials are currently collected in the county according to their potential for waste stream diversion, collection efficiency, processing requirements and market demand. The list of materials that the County Council has designated as "recyclable" is located in WCC 8.10.050, Section C. Items are added to or deleted from the list, depending on these very conditions, and as described in Section 4.1.3. 4.1.1 PROGRAMS Collection Services Residential Curbside Recyclable Collection is legally established and defined under WCC 8.10.050, which requires that source -separated recyclables be collected from all residences in unincorporated portions of the county that receive regularly scheduled garbage collection. In accordance with existing solid waste interlocal agreements (Appendix C), each county municipality requires that the County -designated recyclable materials be collected by the contracted waste hauler (SSC, NVD, or Cando, depending on service area) with regularly scheduled solid waste collection. Each private waste hauler offers residential collection services under the conditions of a WUTC permit (G-Permit) in unincorporated areas or through a contract directly with a municipality. Recycling is collected through a three -bin system consisting of bins for newspaper; scrap paper, including cardboard and other wood -fiber materials; and containers, including plastics, glass, aluminum, and tin cans. All single-family residences are provided recycling collection service at least every other week on the same day of the week as garbage collection. Residents in unincorporated areas have the option of applying for a garbage collection exemption if they certify that they self - haul their waste and recyclables to local transfer or drop -box facilities. Residents claiming the exemption also have the opportunity to subscribe to recycling -only collection. Collection companies provide recycling containers to each residence at the customer's request. The following recyclable materials are collected: newspaper, mixed paper, cardboard, aluminum, tin, glass, plastic bottles, scrap metal, vehicle batteries, and motor oil. Recyclable materials are source - separated using a stackable, three -bin recycling system for newspaper, scrap paper, and containers. WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE37 152 JU NE 14, 2016 Table 4-1 Accepted Curbside Materials by Bin Bin Acceptable Materials Newspaper Newspaper (Red Bin) . Inserts • Ads Scrap Paper • Mail, magazines, catalogs (White Bin) . Envelopes, stationery, labels, paper sacks, phone books, paperback books, manuals, textbooks, and guides. Note: remove and discard covers and bindings of hardback books. • Computer, copy/office paper (all colors), carbonless paper, file folders, poster paper. • Paperboard cartons (e.g., cereal boxes, mac n' cheese boxes, shoe boxes, gift boxes, egg cartons). Discard liners/packing material. Flatten. • Staples, paper clips, file folder clips OK. Containers • Glass bottles (Blue Bin) . Jars • Aluminum cans • Tin/steel cans • Plastic containers (i.e., bottles, jugs, caps and rings, tubs, pails, buckets, and lids) Point Roberts, serviced by Cando and presenting special challenges due to geographical constraints, is an unincorporated community on the Tsawwassen Peninsula. Point Roberts is unique because of the seasonality of residents and because it's physical isolation requires two trips across the Canadian border in order for residents to connect to the rest of the county. In Point Roberts, single-family residences are defined as permanent, year -round -occupied homes. Recycling collection in this community is provided every other week, but is not required to take place on the same day as garbage pickup. All Point Roberts single-family residents meeting the WCC 8.10.03Q H) definition of "seasonal vacation" or "weekend home" are exempt from curbside recycling collection requirements. The unincorporated Newhalem/Diablo area is serviced by Waste Management and has an exclusion from mandatory curbside recycling service per WCC 8.10.010. However, this area meets the minimum program requirements for collection of source separated materials as described in RCW 70.95.090(7)(4(1) through recycling depots to which residents may self -haul their recyclables. Commercial Recyclable Collection is provided directly to businesses by the private sector in an unregulated system. Recycling collectors include waste haulers, buyback centers, private collection firms, and small "mosquito fleet" operators (often consisting of a single pickup truck and driver). Most commercial MSW customers also subscribe to source -separated collected from the G- certificated haulers for various materials, depending upon their economic sector. These services are almost universally less costly than disposal, thus exiting rate structures incentivize diversion to recycling and composting, and in some cases, reuse. Commercial recyclables are generally collected in the same material streams as residential (newspaper, scrap paper, and containers). Depending WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTEMANAGEMENT PLAN PAGE38 153 JU NE 14, 2016 upon business size, they may request curbside bins, carts, various dumpsters, drop box, and/or compactor service. Businesses may also subscribe to source -separated collection of plastic film, scrap metal, drywall, specific industrial plastics, wood, and other source -separated materials (e.g., concrete, pallets, and horse manure). Business participation has been steadily growing since the early 1990s to today, where nearly every local business participates in recycling or waste reduction to one extent or another. Part of this success is due to the rate structure, which makes recycling the more cost effective alternative to solid waste disposal. SSC and NVD also provide technical assistance to businesses requesting information, or that need support in setting up commercial composting services. I n-House Recycling The County manages an internal recycling program consisting of the collection of bottles, cans, and paper at all County facilities. The program provides recycling containers at all locations with trash containers in public areas. Recycling is emphasized in office areas by providing a small, deskside trash container and a larger recycling container. These measures have contributed to the County's successful LEED (Leadership in Energy and Environment Design) certification of the Courthouse as an existing building. Electronics Recycling RCW 70.95N.030 requires that manufacturers participate in an independent or standard plan that finances an electronics collection, transportation, and recycling program in Washington State. Products covered under the law include TVs, computers, and monitors (RCW 70.95N.020 6) from "covered entities" defined as any household, charity, school district, small business, or small government. The County and private haulers inform residents, small businesses, and schools about this program through currently existing community outreach and education methods. Electronics can be dropped off at facilities in Whatcom County that are registered with E-Cycle Washington. The web site for this program is www. ecyclewashing_ton.org Lightbulb Recycling As of January 1, 2015, Washington State residents and businesses are able to recycle mercury - containing lights at no charge, by dropping them off at authorized collection sites throughout Washington State, including the County's MRW Facility (Disposal ofToxics Program). Categories of acceptable lights include fluorescent tubes, compact fluorescent lights, and high -intensity -discharge lights. Recycling mercury -containing lights protects the environment and human health by reducing the release of mercury, a potent neurotoxin. Collection sites are listed on the program web site at http: / /www.lightrecyclew�a. or /. Tire Recycling Used tires are accepted at transfer stations in the system and at Beacon Battery and Tires. In recent years, the County has been the recipient of multiple tire pile cleanup grants funded by Ecology. These programs are described in further detail in Section 8.1.9. WHATCOM COUNTY COMPREHENSIVE SOUD AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE39 154 JU NE 14, 2016 4.1.2 FACILITIES The following list includes, but is not limited to, facilities that accept recyclable materials from the public: ■ Alrite Recycling Bellingham —Accepts metals and electronics. ■ Beacon Battery & Tires —Accepts recyclable scrap lead acid batteries of all sizes, as well as tires ranging in size from wheelbarrow to semi -trailer truck. ■ SSC Birch Bay-Lynden Drop Box Facility —Accepts metal, antifreeze, oil, cardboard, glass, paper, plastic, cans. ■ Cando Recycling Transfer Station —Accepts metal, oil, cardboard, glass, paper, plastic, cans, electronics, tires, yard waste, construction debris, wood, and motor oil. ■ SSC Cedarville Drop Box Facility —Accepts metal, antifreeze, oil, cardboard, glass, paper, plastic, cans. ■ Granite Construction Company —Recycles rubber, asphalt, and concrete into finished construction materials, including asphalt concrete and road base for local roadways. ■ Henifin Recycling Facility —Accepts clean concrete, concrete rebar, and asphalt. ■ Lynden Christian School Recycling Center —Accepts cardboard, mixed paper, and aluminum. ■ NVD Drop Box Facility —Accepts metal, antifreeze, oil, cardboard, glass, paper, plastic, cans, tires, yard waste, and electronics. ■ Northwest Recycling and Northwest Recycling Warehouse —Accepts metals, appliances, paper, cardboard, automobile bodies, electric motors, radiators, car batteries, and plastics. Provides drop boxes upon request for residential, commercial, and industrial accounts. ■ Safe and Easy Recycling —Recycles e-waste, including all computers and computer accessories, as well as monitors, televisions, liquid crystal displays, plasma TVs, servers, laptops, cables, cords, cell phones, CD players, DVD players, and many other types of electronics. ■ SSC Roeder Avenue Drop Box Facility —Accepts recycling of household materials, including metals, plastics, plastic film and miscellaneous plastics, and paper Also accepts yard waste. ■ Scrap -It Recycling —Provides free disposal of uncontaminated recyclable materials and buys scrap metal. Also provides demolition services for metal structures and removal of obsolete equipment. ■ RDC Transfer Station —Accepts scrap metal, vehicle batteries, cardboard, scrap paper, and newspaper. ■ RDS Transfer Station —Accepts aluminum, vehicle batteries, appliances, cardboard, glass, electronics, paper, tires, plastic, scrap metal, cans, porcelain, sheetrock, wood, and yard debris. WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE40 155 JU NE 14, 2016 ■ Whatcom Builders —Accepts asphalt. ■ Z Reeyelers—Metal recycling center and scrap metal facility that accepts all types of metal. A Material Recovery Facility (MRF) is located at the RDS Transfer Station in Ferndale. Potentially recoverable materials (recycling or diversion) are high -graded out of the transfer station tipping floor and sent to the MRF portion of the site. Construction material haulers may be directed to dump their loads directly at the MRF. The conveyor brings materials past a manual pickline where various construction materials may be sorted, including aluminum, vehicle batteries, appliances, cardboard, glass, electronics, paper, tires, plastic, scrap metal, cans, porcelain, sheetrock, and wood. This facility guarantees a diversion rate of 20 percent for the overall waste stream being processed by the transfer station as a result of the MRF capability. 4.1.3 DESIGNATED RECYCLABLE MATERIALS LIST Recyclable materials are currently being collected in the county because of their potential for waste stream diversion, collection efficiency, processing requirements, and market demand. The list of materials that the County Council has designated as "recyclable" can be found in WCC 8.10.050, Section C. Changes in technology, political climate, and markets may necessitate changes in the designated recyclables. Items are reviewed for addition to or deletion from the designated recyclables list based on the following criteria: ■ The market price for an existing material becomes so low that it is no longer feasible to collect, process, and/or ship to markets. ■ Local markets and/or brokers expand their list of acceptable items based on new uses for materials or technologies that increase demand. ■ New local or regional processing or demand for a particular material develops. ■ No market can be found for an existing recyclable material, causing the material to be stockpiled with no apparent solution in the near future. ■ The potential for increased or decreased amounts of diversion. • New technologies and innovative program approaches. ■ Legislative mandate. For instance, for several years, only plastic bottles with necks were accepted for recycling because of available markets for processing. However, in 2009, plastic tubs, such as yogurt and margarine containers, were added to the list as markets became available and processing these items because economically feasible for local haulers. Any proposed changes to the designated recyclables list must be made to the Solid Waste Division and taken to the SWAC for review. The SWAC will make a recommendation to the County executive for review/approval on whether to add or remove the material from the designated recyclables list. If approved, the designated recyclables list is updated and submitted to Ecology. WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE41 JUNE 14,2016 4.2 NEEDS AND OPPORTUNITIES 4.2.1 RESIDENTIAL RECYCLING Residential recycling programs in the county currently operate under a three -bin collection system. As stated in Ecology reports provided annually to the County, the County system has relatively high recycling rates (40 to 50 percent) and diversion rates (52 to 58 percent) when compared to the state and other Washington counties. Service providers and County staff generally agree that the community, specifically single-family residential users, has a strong understanding of the existing source -separated, three -bin system. The County reports some of the lowest contamination rates in the state, which is commonly attributed to the curbside source separation. Contamination results when customers improperly sort recyclable materials, and results in higher customer costs and additional materials going to landfill. Despite this, the Plan update process considered the benefits of alternative collection methods under a commingled (single -stream) system for recyclables, including the potential for even higher participation rates and improved compliance. However, stakeholders noted the significant challenges associated with conversion to a commingled recycling system, which would require the construction of high -end sorting facilities, a new truck fleet, and access to markets accepting degraded products. In addition, the value of recyclable commodities could decline as a result of increased contamination and increased competition from the many other communities that have already converted to commingled recyclables collection. Given the strong support for the existing three -bin system of collecting recyclables, other collection opportunities were not evaluated in the development of this Plan. Ecology supports the collection of source -separated materials through RCW 70.95.090 (71(bl. Some providers reported issues of improper recycling of materials, including materials being placed in the wrong bins or experiencing overflow of the bins. These issues may be addressed through additional public education programs and advertising. Haulers may also provide notice to customers who repeatedly ignore recycling instructions. In cases where a customer may have a higher volume of recyclable materials than the associated bin's capacity, haulers also typically accept materials, as long as they are appropriately separated, in alternative containers. There is also an opportunity to consider if the materials separated into the three bins are making the best use of the available space. Review of bin -specific materials should be undertaken, as warranted, by the County, haulers, and recyclers to potentially identify a more efficient use of bin space by combining lower -priority, lower -volume materials and identifying new materials for bins that are growing in quantity and volume. Recyclable material reconfiguration could reduce curbside overflow. An example of the evaluation might consider the continued value of dedicating one bin solely to newspaper as that material stream decreases because of consumer trends and the availability of news in digital formats, or collection of plastic bags and films or glass in order to reduce contamination in the paper and container recycling bins. 4.2.2 MULTIFAMILY RESIDENTIAL RECYCLING Approximately 44 percent of the county's population resides in multifamily residential units, representing a large share of the customer base (U.S. Census, 2009-2013). There is a general perception that recycling rates for multifamily residential are low relative to single-family residential rates. This is commonly attributed to the lack of understanding of the system by multifamily WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE42 157 JUNE 14,2016 residential subscribers, limited or non -user-friendly recycling infrastructure at multifamily housing units, and a lack of outreach and education to multifamily residents. According to stakeholders interviewed during the Plan update, some building managers have suggested removing recycling bins altogether due to the inappropriate recycling of materials. Some service providers also indicated that the higher levels of contamination found in multifamily recycling bins and lower participation rates are a significant weakness of the existing system. The Washington State Recycling Association (WSRA) recognized multifamily recycling as an issue for communities across the state in its 2014 report, "Sorting It Out: That State of Multifamily Recycling in Washington State." Multifamily recycling issues pertain to low participation rates and higher contamination rates than single-family residential. The report notes the lack of targeted focus on multifamily recycling as a primary cause of relatively low multifamily recycling rates, and that an approach with three prongs can help boost rates. The three components are: 1) collection statistics; 2) policies and regulations; and 3) education and outreach. While additional outreach will be helpful, it should be noted that the local multifamily program is now, and has been very successful since 1992. Over 95 percent of all multifamily complexes participate, with an average recycling rate of 30 percent, and a contamination rate of below 5 percent. 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Organic materials (green waste, food waste, and compostable paper) are a significant component of the County's solid waste stream. In 2013, recycling and diversion efforts accounted for the diversion of nearly 40,000 tons of organic materials (including 12,000 tons of food) from landfill disposal, which equated to about 29% percent of the total waste stream. In 2009-2010, Ecology conducted a four -season MSW characterization study in select counties across the state, one of which was the County. The study found that organic material made up approximately 25 percent of the total MSW stream. More than half of the organic materials were attributed to residential and commercial food waste. Using the Ecology waste sort study information and the Ecology diversion reports, the organic material generation for the 2009 waste stream was approximately 62,000 tons of organic materials, with about 17,000 tons of food waste (food scraps) and wasted food (food allowed to spoil) disposed of at a landfill. These data suggest that more than half of the organic material generated in the county is ultimately disposed of at a landfill. 5.1 EXISTING CONDITIONS 5.1.1 PROGRAMS Curbside Collection Residential food and yard waste collection services are provided by SSC and NVD on an every - other -week basis; commercial collection frequency varies dependent upon customer need.' Curbside collection is not available in some of the rural areas of eastern Whatcom County. ■ SSC—Provides residential curbside and commercial collection of yard waste, food waste, and compostable papers through the SSC Food Plus program. Materials are collected together in the same container. The service is provided throughout the SSC service area, with the exception of Lummm Island and the Lummi peninsula south of Cagey. ■ NVD—Provides residential curbside and commercial collection of yard waste, food waste, and compostable papers within the city limits of Lynden, Nooksack, Everson and Sumas. Household waste and yard waste can also be disposed of at the NVD Drop Box Facility. Cando does not provide curbside collection of organics. However, green waste is accepted at the Cando drop -box facility in Point Roberts. 4httn:Z/www.whatcDma>unty.us1722/ReQ[din,g Trash WHATCOM COUNTY COMPREHENSIVE SOUD AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE45 JU NE 14, 2016 Educational Programming The WSU Master Composting & Recycling Program and the County Solid Waste Division provide a substantial amount of composting information on their web sites. These programs assist residents with the management of food waste scraps so that these scraps never enter the solid waste system but instead provide a beneficial product for use around the home. The SSC Food to Flowers! is a school service available to elementary schools and other educational institutions. The program promotes student engagement in composting practices while they learn about the associated environmental benefits. The County currently provides no outreach program to assist commercial entities in managing their organic material. Because the County cannot mandate commercial recycling or composting services, the SSC Food to Flowers! program is supported through a means of advertising and education during facility audits to enhance participation. SSC and NVD also provide technical assistance to businesses requesting information, or that need support in setting up commercial composting services. 5.1.2 FACILITIES Public Drop-off Locations The following drop -box facilities accept organic materials from the public: ■ SSC Roeder Avenue Drop Box Facility —Accepts yard waste only. Materials are transported to the Green Earth Technology Composting Facility. ■ RDS Transfer Station —Accepts yard waste and food waste. Materials are transported to the Green Earth Technology Composting Facility. ■ Cando Recycling Transfer Station —Accepts yard waste only. Materials are transported to the Green Earth Technology Composting Facility. ■ NVD Drop Box Facility —Accepts yard waste only. Materials are transported to the Green Earth Technology Composting Facility. ■ Green Earth Technology Composting Facility —Accepts residential and commercial yard waste and food waste. A description of the composting process is provided below Composting Facilities Organic materials collected at curbside or at drop -box locations are transported to the privately operated Green Earth Technology facility in Lynden. Materials are composted using a Gore -based aerated pile system, which is capable of composting a green waste stream with a lighter amount of food waste mixed in through an eight -week production cycle. The facility currently manages 14,000 to 16,000 tons per year, with the capacity to manage up to 20,000 tons per year under its current configuration. The facility's existing infrastructure would require relatively few improvements to double the capacity to 40,000 tons per year, if a sustained need is foreseen. The facility cautiously accepts additional food waste from commercial sources, primarily because a more wet/putrescible food waste might overwhelm the system and result in the generation of significant odors. WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE46 161 JUNE 14,2016 Digesters In addition to the composting facility, four anaerobic digesters are operated in the county. Digesters can be used to generate renewable energy biogas using various organic feedstocks, such as pre - consumer food waste, manure, sewage, grease trap waste, and agricultural waste. Biogas, biologically produced by an anaerobic digestion process, can be used to fuel combined heat and power engines that generate utility -scale electricity, and heat for use internally or by neighboring facilities. Liquid fertilizer, digestate fiber, and water are secondary by-products that potentially can be used in agricultural applications. The anaerobic digestion process begins with bacterial hydrolysis of the input materials in order to break down insoluble organic polymers such as carbohydrates and make them available for other bacteria. Acidogenic bacteria then convert the sugars and amino acids into carbon dioxide, hydrogen, ammonia, and organic acids. Acetogenic bacteria then convert these resulting organic acids into acetic acid, along with additional ammonia, hydrogen, and carbon dioxide. Finally, methanogens convert these products to methane and carbon dioxide. The methane gas can then be combusted and turned into energy as described above. An anaerobic digestion facility typically includes a receiving building for feedstock, anaerobic digestion tanks, digestate treatment facilities, and gas conditioning and power -generation equipment. The four digesters in the county are: ■ Edaleen Cow Power LLC ■ Vander Haak Dairy ■ Farm Power ■ VanDyke Dairy A total of 13 million gallons of pre -consumer food waste and 78 million gallons of livestock manure were treated by anaerobic digestion in 2014, and 14 million kilowatt-hours of generator power was produced. 5.2 NEEDS AND OPPORTUNITIES 5.2.1 PROGRAMS Organic materials in the county are managed through residential and commercial collection, local drop-off facilities, and on -site composting. The existing program elements for collection or drop-off are accessible to all residents of the county. The residential curbside organic materials collection (yard waste plus food waste) is offered every other week; commercial collection is offered on a more frequent basis dependent upon customer needs. Commercial subscribers consist primarily of food processors and manufacturers, grocery stores, school districts, colleges and universities, and governmental entities, as well as retail and office users. Commercial subscribers also include some restaurants; however, only one restaurant chain restaurant participates (both SSC and NVD provide curbside collection services to this chain). SSC personnel indicate that commercial food waste is collected on the residential routes so that there is substantial mixing of food waste with yard waste prior to delivery to the composting facility. Food waste prevention outreach is currently a significant topic discussed by the U.S. Environmental Protection Agency (USEPA) and by Washington jurisdictions. Educational materials WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE47 162 JU NE 14, 2016 are readily available to solid waste program managers through the "Food: Too Good to Waste" campaign, which is focusing on consumer education to avoid waste by consuming what is purchased. Some counties are researching partnerships with community health groups to increase food security as a means of reducing wasted food, including subsidizing the purchase of refrigerated trucks to collect and transport perishable food to community kitchens and shelters. 5.2.2 FACILITIES Commercial businesses account for a large percentage of the organic waste generation in the county, although a substantial portion of that material may be less preferred by the composting facility because of the material's overly wet or dense characteristics. The County has several food processors that may be able to divert their waste materials, including seafood, berries, and vegetables. An additional composting opportunity may include identification of a process to reliably compost heavy, wet food generated by restaurants, institutional cafeterias, and other food providers. Identifying additional organics processing techniques in the future may allow more of the County's organic waste stream to be diverted from disposal and processed for a higher use (such as biogas generation). There are no issues regarding current composting facilities. The Green Earth Technologies Facility is able to rapidly double its operational capacity in order to meet the future needs of the public. WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTEMANAGEMENT PLAN PAGE48 163 LU H 3 Z p W m O ZO F z Ua) Ec�� ° 3 N N X a Q N 0 �0)0 a� c N U C N O O N C a) > >` n a) ° Y U -Q 0 O U ^ ° N a) O` UOc�U. aiUC>1 a) 3•X c AE�a Q > a E a O U O) O O U '0 0 O p Q E O 3 O) U c a Q Q C 0 O p N N E. a) �Q�'oC°°°003 a)0 �UO°° c'E-7o E •'v�ca)a)m-vo `) �Z) 000> c O O O- 0 0 a 0 p p O i V .gyp— c Q p a -° >a'- :— c,��NNamNQcaEEmomm a 0g� c0ac o 0—W I N O) .E 'c N U .0 C3 O" a a) 0 0 3 U .� O O a) Q O N a-0Eac°vovcacoc3E °ENN�ao� a) °' 2 Lu Q °' �L ' a) a) — c 70 0 Y E ° LD 0O c 0 I I I 1 1 > co � Q° °U U> v) .N N e s o n -0u ga ° _U o 0 a O a o� E a— 0 a �' N cm as a> _� ac as O c aN a'U as a a N HOL Q0 a 0 aE N a) a' E °' c e"a O a o a a) ID -C 0 a°0 a� „� O'O ac aN w� E O 0 > R.— a " a U O) 0 u a)e•— U 0 c aN E sC C O E ap c E as 0 as ®� Q O a0)-C ac D aO z Z) o c 3 E 0 a° aU a as CT 10 -0 aQ 3 a� > a° _p V E D U- aa) O a0 00 Q c0 _c a� a- O aN N N a a O s Q) �— s a) 0 o °� a° °) a.0) a c a p O a U aN a= 3 .= N — O O a() c a) >° a) 0 a Q a� c y as E ®Q 0 0-— aO O U ate7 a0 o o a3 U o ao _ X _° a Cl c 9-0 a� a Q a a a)t a)Q 2CL e0�> ao a-� O _pao a°E gUc a�0 ._ p p 0 s0 a,5 ap N _ C 8 .— A 0 9 Q U-10 aa)0O aCT HQQ 0 E E aoa3 ago ago Q a a ¢ am aCJ a� n a p c U O c U_ C) a) — O) a) O E 0 o o E N O N vs ^ C U c O U °a)E O o0— 0 C9 6 ( U C) E 0 N 'c E N O c 0) U`oa cE� N a) >U i C: O M c E m H N Q E D c ro U N N 0 ro c m c m c 0 0 O E T C Q E C ° L c ro 0 3 c c O cc (V m .c O ro c E o p fD U O 0. v w Q 164 6 SOLID WASTE COLLECTION 6.1 EXISTING CONDITIONS WCC 8.10.040 and WCC 8.10.060 require that certificated solid waste companies collect solid waste from residential and nonresidential entities. Only companies holding G-certificates or operating under municipal contract for that area may collect solid waste for a fee. Weekly, every other week, and monthly curbside garbage and every other week recycling collection service in the county is provided through three private collection companies, each providing service to a different region of the county and regulated by the WUTC and municipal contracts. In addition to garbage and recycling, and with the exception of Point Roberts, Lummi Island, and certain areas east of Cedarville Road, all SSC subscribers have the option to pay for curbside collection of organic materials. Organic materials (yard waste, food -soiled paper, and food waste) are picked up on an every other week basis. NVD also offers organics collection in its cities (weekly in Lynden, and every other week in Nooksack, Everson, and Sumas). NVD does not offer organics collection in unincorporated areas. No collection is completed in eastern Whatcom County due to this area almost wholly being federal forest land, with exception to Newhalem and Diablo, which are serviced by the Skagit County waste hauler, currently Waste Management. All cities in the county use traditional bag or customer -owned, 32-gallon can residential collection systems, or collector provided containers or totes. Customers of SSC and NVD also have the option of using collection -company -owned wheeled carts. The four G-certificated haulers are: ■ NVD (Permit G-000166)—Located at 250 Birch Bay-Lynden Road in Lynden. Serves northern Whatcom County, including the cities of Lynden, Everson, Nooksack, and Sumas, and unincorporated portions of the county in that region. ■ SSC (Permit G-000014)—Located at 1001 Roeder Avenue in Bellingham. Serves the cities of Bellingham and Ferndale, the Lummi and parts of the Nooksack reservations, and the areas of unincorporated Whatcom County not served by NVD or Cando. ■ Cando (Permit G-063819)Located at 2005 Johnson Road in Point Roberts. Serves the unincorporated area of Point Roberts. ■ Waste Management (Permit G-00237)—Serves the Newhalem and Diablo unincorporated areas in eastern Whatcom County. G-certificated hauler territories are depicted in Figure 6-1. Figure 6-2 shows the population density per square mile in relationship to each hauler territory. Incorporated cities in the county obtain their own solid waste collection services through independent contracts. Contracted services, by way of interlocal agreements, must meet the County's standards for curbside collection. Collected waste is delivered to County -designated transfer facilities, as described in Section 7.1. As an alternative to curbside collection, there are a number of facilities available for public drop-off. These facilities are discussed in Chapter 7. WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE50 165 C R w Q. 0. R `. o 0 0 �? c? c? c? o o g �3 a E ' 3 a `� >w0. yw Um rya`= d^oo H --- •y O C C 7 L E= a a 10 m � o U m -<WE'. 3 O, ; 'O d E CI H LLL t0� Jrm �� z.ozo J = R ° m m E m 2 a zF o C'= R R m d o 1mc �ri Q U 0 Z w i m m= c ccR py^C.) e ~� U WLLU�i' of eef {{� O CO t m f A Y } b p Z ; $� pp s U C9 4 � k b th ! Tan � Z ram*, i Z k Y � i J LU m I W.�`�v z m• i LLiI.J 167 JUNE 14,2016 6.2 NEEDS AND OPPORTUNITIES Curbside solid waste collection is an entirely privatized system, with each collector responsive to market demands and customer requests. Collectors adjust the size and routing of their fleet as necessary to provide the services required by the County and cities. Additional services requested by customers are considered by each collector and responded to directly. Existing solid waste collection services adequately meet the current waste disposal needs of the community, and no significant issues were reported. At this time, the private service providers have not identified any needs requiring expanded capacity or infrastructure. WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE53 file :1 0 2 V) Z 0 P= U Q n Z � V) � 0 0 � � ■ §� z Z� 5E u BQ C:kkR�C \�{ _ ._ =uo 0)2� �[5£/® 0C: *J0 = Eb' °f &. ( 2 _ / t oo »»®c (D ge- u= e- _ _ a§G ��»�\\ zeE C0§g3:- 5£{ /»E35§22\7? °u»°°-Q \/ \rs-2=« o \P 0 % \ & \ 2 < o @ » @ ƒ o. / o =toe= z E{ \ . 2 . / , c £ \ |g / f 0 _// ° ,u 0 g E \ _0:o - 0-- |&/f e - 0 G52o \ $ / ;E 0 ie%oE f \ |/ t E e \ c ® :cE &_ E § \ u�� 0) C: D 5 |Ets\ / \ 0 10 / E @ !° Q § f � `[: § \ } \ .EoDo D \ \\�/a / e2|oo2�- 7777777� e 6 / \�\ 2 0 ' 0 •: E_ $/|\t±e& / '°'°��®0 c \ =0 tU = & 2 \ �2 \ ° 6 f § / t270 0 2 e e a) e §> » e ® 0 g= c » CT Q) o o (D a 2oo0U=3 ' £ e$& E f 2 2 °t)L,u } a\�oc)L\E@ .-C { /)»- D0 2oUU 0 2£/ E i\EE 2 / § \ W) \ 169 7 TRANSFER AND DISPOSAL Transfer systems consist of fixed facilities with drop boxes and/or transfer stations that receive waste from public and commercial sources. The purpose of a transfer system is to provide a centralized location for consolidation of numerous small waste loads, loading the waste into larger transfer containers, and transporting it to an appropriately permitted disposal site. Consolidation improves the economics of waste transport and reduces traffic impacts at land disposal sites. In addition to the consolidation of waste materials, transfer stations can serve as a location for the processing of recyclable materials. Material -processing activities include the separation, preparation, and consolidation of recyclable material collected through curbside programs or removed from incoming loads. ■ Transfer Station —A transfer station is a facility that receives compact and loose waste from both residential and commercial sources. Transfer stations may use a dumping pit or tipping floor to consolidate waste material before transferring it into a trailer or compactor. In transfer stations with a dumping pit, a tractor typically crushes and compacts the waste before the waste is loaded into the trailer or compactor. Trailer loading usually requires the use of a knuckle -boom crane to evenly distribute and compact the waste in the trailer. Alternatively, a transfer station with a tipping floor may use a dozer to push the materials against a wall for crushing, followed by lifting into a trailer or pushing into a subfloor stationary compactor Once the trailer is loaded, the load is secured and then the container is hauled to the landfill by truck or by rail. ■ Drop -Box Facility —A drop -box facility is simply a solid waste facility where the public can directly deposit their own waste materials into a drop -box container. When the drop box is full, it is loaded onto a roll -off truck and transported to a transfer station where the waste is then transferred to disposal containers for transport to the landfill. Drop -box facilities are often provided in various urban and rural areas to reduce the distance that the public must travel to reach a transfer facility or to provide an option where there might be less congestion. In general, drop -box facilities are less expensive to operate because of reduced costs for structures, equipment, and, potentially, land. Drop -box facilities can also provide opportunities for recycling and for the separate collection of yard debris, woodwaste, and/or C/D waste. 7.1 EXISTING CONDITIONS The County solid waste system is a transfer -based system consisting of several transfer stations and drop -box facilities that direct waste to two primary out -of -county landfills. There are no operational landfills in the county, although the County owns several closed landfills. 7.1.1 TRANSFER STATIONS The county is served by three privately operated transfer stations, one of which is located on County -owned land leased to the operator (located in Point Roberts). WHATCOM COUNTY COMPREHENSIVE SOUD AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE55 170 JUNE 14,2016 ■ RDS Transfer Station —The RDS Transfer Station is one of the two primary transfer stations in the county and accepts self -haul waste and waste collected by SSC and NVD The RDS Transfer Station includes an MRF, one inbound scale, two outbound scales, and two truck bays. There is a self-service recycling center prior to the scales that accepts cardboard, newspaper, mixed paper, glass, tin cans, and aluminum. Waste for disposal is transported by truck to the Columbia Ridge Landfill in Arlington, Oregon. Recyclable materials are sold to the appropriate processing facilities, including Northwest Recycling Wood is chipped and shipped to burners in Washington State and Canada. In 2013, RDS processed 105,788 tons of solid waste materials. ■ RDC Transfer Station —The RDC Transfer Station is the other primary transfer station in the, county and accepts self -haul waste and waste collected by SSC in the City of Bellingham. The facility includes one scale for inbound and outbound traffic. The tipping floor is contained entirely indoors and provides space for six vehicle hand unloaders and one tip truck. Waste for disposal is transported by rail to the Roosevelt Regional Landfill in Roosevelt, Washington. Recyclable materials, including cardboard, newspaper, and steel, are collected at the front of the facility (prior to the scales). In 2013, RDC processed 50,422 tons of solid waste materials. ■ Cando Recycling Transfer Station —The Cando Recycling Transfer Station is on County - owned land, but is privately operated via a lease with the County. Curbside and self -haul waste and recycling are collected and sorted. Waste for disposal is transported by truck to the Cowlitz County Headquarters Landfill in Castle Rock, Washington. Recyclable materials are sold to various entities through British Columbia, Canada. In 2013, Cando processed 1,020 tons of solid waste materials. ■ Bellingham Vactor Waste Facility —The City of Bellingham owns, operates, and maintains a vactor waste transfer station for the purpose of processing street sweepings and vactor waste materials. The facility accepts street waste from the City of Bellingham, Whatcom County, the Washington Department of Transportation (WSDOT), and several private operators. The City currently contracts with a private party to transport the material to the Waste Management Greater Wenatchee Solid Waste Landfill. This facility is discussed in more detail in Section 8.1.8. These transfer stations, with exception to the Bellingham Vactor Waste Facility, are open to the public. Current disposal rates for the transfer stations are provided in Table 7-1. Private operators adjust their rates as necessary to efficiently maintain their services. Private transfer stations are in direct competition with each other. Customers should contact the service providers directly for accurate and up-to-date information. WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE56 171 LID N IL Q NN Z 0 N W LL VN Z 0 NN W F J N 0 N_ h Z W U W J m H CD 0 0 0 0 o O O Cl LO Q -10 -10 16 EST 69- tX- 00 �T EFT 0-0 O O O 10 O O O � U) � O O O. O 10 Lf) Ol D` U Lo *09, [09- EfT b4 EFT b'T tf} b4 C4 i fA- t?. i•- sst " o LO <t O Lo m M N O N O N 00 w V ao V �A N O O O O O O O O O O — O O O O O H} t4 y} eF} d} K} N-} EFT EFT v U v U U U U U 1F o ik 10 3P 10 9F 10 �ilg* br rFT a> (1) (2) Q) (1) Q) Q) (1) ) o 0 0 i i i N N N a) O O a) N N O N a) N75 5 O a) a) a) a) N N N O Q N O U ° w, is H � yW � ✓J (n O 0 L a) O E N O � O V) N N O _ a) c 'O O = U 0 C� U r U Q _ �U CL `c< W IL 172 C) N V w z o a m u ► u o- v v v C) (D 0 N b9 C. :E ,+ - �' LO C O 0 0 L W-. N L _ _ O N Lo V a) W a) a)N — N N 0 a) a) a) b4 LO 3 3 i LO b-�- b')- � N d t a> a) Q) a c _� w w u u a� ai o o '� 3 L w UL—L- 3 3 > C c m U N y d N } " E E C < > L C:3 ,U 0 3 O U Q N 3 N O N p a O O Q E O u y O U O Q O U > w O � co - O p 0 c c ai O—a H � O U � co La w Q 173 In addition, the City of Bellingham maintains a vactor waste transfer station, which is not open to the public, but does receive vactor and street wastes from countywide commercial and municipal operators for a fee. 7.1.2 DROP -BOX FACILITIES In addition to the transfer stations, county residents and businesses may dispose of waste at any of the drop -box facilities listed below. ■ SSC Birch Bay-Lynden Drop Box Facility —The SSC Birch Bay-Lynden Drop Box Facility is County -owned and is operated by SSC via a lease with the County. Waste is transported to the RDS Transfer Station. Recyclable materials are brought to the RDS Transfer Station and Recycling Northwest for sorting and shipment to the appropriate entities. ■ SSC Cedarville Drop Box Facility —The SSC Cedarville Drop Box Facility is County - owned and operated by SSC via a lease with the County. Waste is transported to the RDS Transfer Station. Recyclable materials are delivered to the RDS Transfer Station and Recycling Northwest for sorting and shipment to the appropriate entities. ■ SSC Roeder Avenue Drop Box Facility —The SSC Roeder Avenue Drop Box Facility is located in downtown Bellingham on Roeder Avenue. Waste and recyclable materials are transported to the RDS Transfer Station or the RDC Transfer Station. ■ NVD Drop Box Facility —Waste collected at the NVD Drop Box Facility is transported to the RDS Transfer Station for sorting. Recyclable materials are collected and shipped to the appropriate entities. These drop -box facilities are open to the public. Current disposal rates for the drop -box facilities are provided in Table 7-2. Private operators adjust their rates as necessary to efficiently maintain their services. Private drop-off facilities are in direct competition with each other. Customers should contact the service providers directly for accurate and up-to-date information. WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE59 174 0 cel J_ CL a N W J U W x m a w 0 W NN W N J N 0 N_ F- Z W Im N N W J m 0 0 - vn 1 0 101 0 11 o 1 1 co 11:11 O c I .;LO � � � � U a 0 o � a � > '® 0) U p N o) p a o Mo a at a > Ef} Q N L D * C) U U O C)O"T 00 O O O Cl).- O * .- a '? tf-}} b4 64 64 O C) 32 � o H 0 ' O N LO O n V' LO LO LO L LO O O O C? O ' O O tt Q{ O (DO ef). (DO (71* rtr O e,4 C) (D w o •�, N � O O > O N O d � o u ro ,Q O W CD 3> (DO 3> N 3 N 3 N 3 (D 3 (D 3 a 3 O >> O N O o o to E N t— 41 O C) Q) u Q' C)) C:)) C))O Q o 3 O C)U C) N c U N .� .,._. Q O O -O U Q T U T C 2 p a U Q p O U U U a p 0 0' CL EL � 3 (D c (D w (Dce C d — c a o as 0-6E o -2 Ca co ow ID Q tol V) CO Vf Z d D aF 0 •o Lu c� Q 175 7.1.3 LANDFILLS MSW generated in the county is primarily disposed of at one of the following landfills: NO Columbia Ridge Landfill, Arlington, Oregon 'he Coiurnbia ridge l ailuiiu, operate by Waste Management, is a modern Resource and Conservation Action (RCRA) Subtitle D- permitted landfill that accepts primarily MSW, as well as industrial and special wastes. It does not accept hazardous waste. Columbia Ridge is the final destination of waste originating from the RDS Transfer Station. Roosevelt Regional Landfill, Roosevelt, Washington —The Roosevelt Regional Landfill, operated by Republic Services, accepts MSW and specific types of special waste. Roosevelt Regional Landfill is the final destination of waste originating from the RDC Transfer Station and MSW collected by Waste Management from Newhalem and Diablo in eastern Whatcom County. Headquarters Landfill, Castle Rock, Washington —Cowlitz County operates the Headquarters landfill in Castle Rock, Washington. The landfill is the final destination of waste collected by Cando. Other facilities accepting waste generated in the county, as reported by Ecology, include: Cemex Inert Waste Landfill, Everett, Washington The Cemex Inert Waste Landfill accepts materials that are neither chemically nor biologically reactive, such as petroleum contaminated soils generated from cleanup sites, and will not decompose. The contaminated soils are treated with a thermal desorption process before they are landfilled. Graham Road Recycling & Disposal, Medical Lake, Washington —Graham Road Recycling & Disposal, operated by Waste Management, is a "limited purpose" facility that accepts primarily C/D debris, industrial waste, and special waste; it does not accept MSW or hazardous waste. ■ Greater Wenatchee Regional Landfill, East Wenatchee, Washington —The Greater Wenatchee Regional Landfill, operated by Waste Management, accepts primarily MSW, C/D debris, and industrial waste. It does not accept hazardous waste. The County owns and maintains five closed landfills: ■ Cedarville Landfill —The 9-acre landfill opened in 1980 and was closed in 1990. The landfill is estimated to contain 400,000 cubic yards of refuse underlying the cover soil. The facility is monitored under permit during post -closure consistent with WAC 173-304. The facility has a system in place that controls landfill gas migration and odors; it also has a leachate collection system. The leachate collected is treated and discharged under an NPDES permit issued by Ecology. ■ Birch Bay Landfill —The 5-acre landfill was a County -operated landfill purchased in 1951 and closed in 1983. ■ Point Roberts Landfill —The landfill accepted MSW from 1982 until 1985, when operation ceased because of the potential costs associated with meeting the then -new MFS. At the time of closure, the landfill was slightly less than 1 acre in size. The landfill area was then used solely for C/D waste until a separate area was designated for disposal of this waste type WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE61 JU NE 14, 2016 in 1988. In 1990, the landfill was closed in accordance with WAC 173-304. This is the current location of the Cando Recycling Transfer Station. ■ Y Road Landfill I —The Y Road Landfill consists of two distinct landfills, Y Road I and Y TT 1oca+o,] 1--- 'ro ;A r rl,a ,a V R,�„a T ., 4r,11 T was a 11, 1V1.0.— a.1V116 VppVJll Jl eJ V1 1 .e Jallle rV0.U. 1 —0— LA nUllll 1 was acq ulred in 1995 from the Georgia Pacific Corporation for public safety reasons. Records indicate that it was used between 1967 and 1970. It is monitored and regulated as a MTCA cleanup site. ■ Y Road Landfill IIY Road Landfill II was closed to MSW in 1984 because of water quality concerns. The landfill was reopened as a limited -purpose landfill, which accepted only C/D waste. The landfill was closed to all waste types in 1989. Closure improvements were completed in 1991 and included installation of monitoring wells for gas and water. The MSW cells were closed to WAC 173-301 standards in 1984 and the C/D waste later placed on both the MSW cell footprint and the separate cell was later covered and closed to WAC 173-304 standards, and is monitored and regulated as a MICA cleanup site. 7.2 NEEDS AND OPPORTUNITIES The existing transfer and drop -box facilities adequately meet the current waste -disposal needs of the community. These facilities are privately owned by entities that consistently evaluate the respective facilities from an efficiency standpoint. At this time, the private entities have not identified any needs that require expanded capacity, but have expressed the ability to expand their own operations under short timeframes. The County will continue to work with the service providers to ensure each provider is adequately planning for and constructing additional capacity in advance of need. WHATCOM COUNTY COMPREHENSIVE SOUD AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE62 177 V) z O F— U Q n z Q J O V O U 0 E b.0 � cd � CNC bb.0 .ti b U O � 4r � o v b � v 0 � U O 3-I N I 4 .� H sL4 J O 0— N_ 0 Z W VN Z Cie V) Z O Z Q N J L0 V M W J m U C i; O O 0 D O p U _ C U '^ C 0 � � � "O LU N C r y Z zpz oo° °c °o E Z >- > a _>. 7 m 0 C V) 0 U O V 0 n (D 0L _u C C u _ C NNc C -0 •X N U U .X U N Fj 0 0 w O .� O U O (J m E 0 Q O i 0 .F Q- ■ ]G ■ O a 0 a- 9 0 ° uU R'V ®C: O C a,h c _ U aQ 0O �U O C o aU sp N 'EO aE P` 0 N 0 i H O 0 A0 O A 8 4 C 0 D uG a s0 a 0 a0 °� e� `�' C e0 nU y0 C T O C O O g � O 0 9Q O O g— E , O s� U 0 z 0 �O O >,aC 0 C O 0 V 00 O E a-,_8N c c O U E d 0 .1 Ue� A0 0 0 N 0a0 0a0 n0 O_ a ,— M ra U A> U AO Ca•— CaC 0 c 0 — A.— -0 a O A >, -� H O O- -0 0 2 O Q O E O A A A'� i3i A•� 8 U 3= N O c u,— 0 a.— . a E O O 0 C A 3y UaU 0 0 c C O pp- U- }"U O _ 0 0 -003 0F3 �E� �_ ° o 0 0 Ay a A� O O Oa>° R° OUaO C = O U q> q� .N gU d. - o R � A Q gm yU gC) 0 co c m E oN H O 0 tol J „T, O p o ° O U (D aQ� c E O U O o 178 8 SPECIAL WASTE Special wastes are materials that require special or separate handling because of their unique characteristics, such as bulk, water content, or dangerous constituents. Special wastes discussed in this chapter include: ■ Agricultural waste ■ Asbestos ■ Biosolids (sewage and septage) ■ Contaminated soils and dredged materials ■ Disaster debris ■ Food -related, grease not containing petroleum ■ Biomedical waste and pharmaceuticals ■ Vactor waste ■ Waste tires ■ C/D waste This chapter discusses the current management practices for special waste and establishes goals and actions for encouraging recovery and reducing environmental impacts. 8.1 EXISTING CONDITIONS 8.1.1 AGRICULTURAL WASTE Agricultural waste, such as manure and crop residues, is typically returned to the land as soil conditioners. Annual volumes and seasonal variation differ by agricultural sector. Guidelines for the proper handling of livestock waste in western Washington have been published by the WSU Agricultural Extension Service and codified under TCC 16.28, Manure and Agricultural Nutrient Management. Deceased animals and animal parts can be disposed of by Tri-County Dead Stock, Inc. Allowances can also be made by the Health Department for animal burials and composting. The recent legalization of recreational marijuana production and sales has resulted in regulations specific to the handling and disposal of crop residues. As the industry matures and regulations evolve, the County will rely on the most current regulations for addressing this waste. 8.1.2 ASBESTOS The term "asbestos" represents a group of naturally occurring minerals that historically were used in building products such as cement siding, sprayed -on ceiling texture, and the paper backing of vinyl floor coverings. Asbestos is not considered a hazardous waste under either federal or state regulations, but is regulated under the federal Toxic Substances Control Act. Asbestos is also regulated under the federal Clean Air Act as an air pollutant that poses human health hazards. Local regulation is provided by the Northwest Clean Air Agency (NWCAA), Regulation Section 570. Properly packaged and labeled asbestos waste is collected at the RDS and RDC transfer stations, placed in special containers or bags, and transferred to out -of -county landfills for proper disposal as WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE64 179 JUNE 14,2016 asbestos -containing material. The final disposal sites require that a copy of the NWCAA's asbestos abatement or demolition permit accompany asbestos waste deliveries. 8.1.3 BIOSOLIDS (SEWAGE SLUDGE AND SEPTAGE) Sewage sludge that has been treated to meet standards for beneficial use (such as in land application) is called "biosolids." This type of material is specifically excluded from the definition of solid waste, although other wastes from the wastewater treatment process are classified as solid wastes. Biosolids are defined by WAC 173-308-080 as: Municipal sewage sludge that is a primarily organic, semisolid product resulting from the wastewater treatment process that can be beneficially recycled and meets all applicable requirements under this chapter. Biosolids includes a material derived from biosolids, and septic tank sludge, also known as septage, that can be beneficially recycled and meets all applicable requirements. Biosolids are further categorized by federal regulations into Class A and Class B, based on pathogen - reduction measures and metals contamination levels. The federal and state regulations are self - implementing, which means that the requirements must be met regardless of the permit status of a facility. There are three biosolids land application facilities in the county: Shannon Tjoelker Biosolids Facility Lil John Biosolids Facility Tjoelker Enterprises Biosolids Facility 8.1.4 PETROLEUM -CONTAMINATED SOIL AND DREDGED MATERIAL Contaminated soil is soil removed during the cleanup of a MTCA site, during a dangerous waste facility closure, or from corrective actions or other cleanup activities, and which contains harmful substances but is not designated as dangerous waste. Contaminated dredge materials come from the dredging of waterways where contaminants are present at concentrations not suitable for open water disposal, but not designated as dangerous waste. The primary statute governing cleanup of petroleum -contaminated soil in Washington State is the Model Toxics Control Act (MTCA), RCW 70.105D. WAC 173-340 contains regulations to implement MTCA, including sections on corrective action requirements for leaking underground storage tanks and on cleanup standards. Materials that also contain lead, benzene, polycyclic aromatic hydrocarbons, or polychlorinated biphenyls may trigger a designation as dangerous waste. Treatment, transportation, and disposal of dangerous wastes are subject to the state dangerous waste regulations, WAC 173-303. Dangerous wastes can be transported only to specifically permitted facilities for treatment, storage, or disposal. Disposal of petroleum -contaminated materials is subject to the requirements of WAC 173-350; these materials must be disposed of at a permitted solid waste handling facility such as a landfill or incinerator. No landfills in the county are currently permitted to accept contaminated soil. Generators of contaminated dredged materials who wish to dispose of the materials must either construct and permit a limited -purpose landfill (WAC 173-350-400), or use an approved solid waste landfill site or incinerator (CEMEX) located outside the county. Use of the County waste management system for disposal of contaminated dredged materials typically is conducted only for small projects (i.e., less than 10 cubic yards). Small project contaminated dredged materials will be WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTEMANAGEMENT PLAN PAGE65 lC-0l1C JU NE 14, 2016 accepted into the County system, provided that they have been adequately characterized and have been dewatered. adequately to meet criteria specified under the USEPA paint filter test (see Federal Register, Vol. 50, No. 83, Tuesday, April 30, 1985). 8.1.5 DISASTER DEBRIS Whatcom County could be impacted by a number of natural disasters, including floods, earthquakes, volcanos, windstorms, and landslides, all of which can create an enormous quantity of material requiring management and/or disposal. According to the Federal Emergency Management Agency, natural disasters generally create the following types of debris: ■ Windstorms may leave behind waste consisting primarily of trees and other vegetation, construction materials from damaged or destroyed structures, and personal property. ■ Flood debris consists of sediment, wreckage, personal belongings, and sometimes hazardous materials deposited on public and private property. Additionally, heavy rains and floods may produce landslides, the debris consisting primarily of soil, gravel, rock, woody debris, and some construction materials. ■ Earthquakes generate damaged building materials, personal property, woody debris, and sediment caused by landslides. ■ Ice storm or snowstorm debris consists of significant amounts of woody debris from broken tree limbs and branches. ■ Fire debris consists of burned -out structures, metal objects, vehicles, ash, and charred woodwaste. Oil spills or other disasters associated with large industry or refineries are generally addressed by plans already put in place by the appropriate industries and agencies. The Whatcom County Sheriff's Office Division of Emergency Management is responsible for developing and maintaining a community infrastructure for emergency and disaster mitigation, planning, response and recovery. The Health Department plays an active role in supporting emergency planning efforts, as well as serving on the incident command team during response to any natural disasters. Disaster debris will be managed through the appropriate existing facilities, including transfer facilities, permitted inert waste landfills, building materials recovery centers, and composting facilities, as feasible. The County may also designate certain locations and facilities for accumulating large volumes of disaster debris. In the future, the County may need to designate certain locations and facilities for accumulating large volumes of disaster debris, as needed, specifically drop -box and transfer station locations. 8.1.6 FOOD -RELATED, NONPETROLELIM GREASE Grease is generated primarily by restaurants, cafeterias, and other food services. Because it is semiliquid, it should not be disposed of into a sewer or on -site sewage system, and is not easily handled as solid waste. County residents can properly dispose of cooking oil by taking it to the MRW Facility (Disposal of Toxics). Rendering companies usually handle the collection of grease from businesses, recycling it into such products as an animal feed supplement or biodiesel fuel. If grease is improperly disposed of, several different agencies or companies may deal with it. Grease dumped into sewers is addressed by municipal wastewater agencies, while grease improperly WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE66 W-4 JU NE 14, 2016 disposed of in the garbage is addressed by the private MSW collectors. Improper handling of grease by restaurants is addressed by the County Health Department. 8.1.7 BIOMEDICAL WASTE AND PHARMACEUTICALS In the medical industry, a number of definitions exist for biomedical waste because of overlapping and inconsistent local, state, and federal regulations governing its management. This has a critical impact on the management of material, since each generator's quantity of biomedical waste is greatly influenced by how inclusive the definition may be. In response, the State of Washington has developed a statewide definition of biomedical waste to simplify compliance with local regulations while preserving local control of biomedical waste management (RCW 70.95). Furthermore, biomedical waste is regulated by WCC 24.06.040. The state definition of biomedical waste is to be the sole definition for biomedical waste in the state, and will preempt biomedical waste definitions established by local health departments or local governments. Biomedical waste is defined and limited to the following types of waste: Animal Waste is waste animal carcasses, body parts, and bedding of animals that are known to be infected with, or that have been inoculated with, pathogenic microorganisms infectious to humans. Biosafety Level 4 Disease Waste is waste contaminated with blood, excretions, exudates, or secretions from humans or animals that are isolated to protect others from highly communicable infectious diseases that are identified as pathogenic organisms assigned to biosafety level 4 by the current edition of the Centers for Disease Control manual Biosafety in Microbiological and Biomedical Laboratories. Cultures and Stocks are wastes infectious to humans, and include specimen cultures, cultures and stocks of etiologic agents, wastes from production of biologicals and serums, discarded live and attenuated vaccines, and laboratory waste that has come into contact with cultures and stocks of etiologic agents or blood specimens. Such waste includes but is not limited to culture dishes; blood specimen tubes; and devices used to transfer, inoculate, and mix cultures. Human Blood and Blood Products are discarded waste human blood and blood components, and materials containing free -flowing blood and blood products. Pathological Waste is waste human -source biopsy materials, tissues, and anatomical parts that are derived from surgery, obstetrical procedures, and autopsy. Pathological waste does not include teeth, human corpses, remains, and anatomical parts that are intended for interment or cremation. Sharps Waste is all hypodermic needles, syringes with needles attached, IV tubing with needles attached, scalpel blades, and lancets that have been removed from the original sterile package. The major sources of biomedical waste include hospitals, medical laboratories, research laboratories, commercial diagnostic laboratories, outpatient medical clinics, dental clinics, nursing homes, and veterinary hospitals and schools. Transportation of biomedical waste requires a solid waste certificate from the WUTC. Stericycle Environmental Solutions and Waste Management Healthcare Solutions are the two collection companies in the state. In general, biomedical wastes must be categorized, segregated, and packaged separately from other waste in containers that are clearly labeled "biohazard" or "biomedical waste." Sharp objects, such as needles and blades, must be packaged in rigid, impervious, properly labeled WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTEMANAGEMENT PLAN PAGE67 WO JU NE 14, 2016 containers designed for this purpose. With prior approval of the Health Department, disposal of treated infectious solid waste in the solid waste stream is allowed. The City of Bellingham began collecting unused household medications in April 2010. Since that date ngerr 7 0Q0 pounds of pharmaceutical x.'aste has been securely collected and safely transported to a hazardous waste incinerator for destruction. This waste is kept out of the waste stream, protecting surface water, groundwater, and Bellingham Bay. Properly collecting and destroying unwanted medications keeps them out of the wrong hands and reduces the potential for poisoning and unintended overdose. Expired and unwanted medications may be dropped off in original packaging at participating pharmacies. Examples of accepted items include household prescriptions and samples, over-the- counter medications, medicine for pets, medicated ointments and lotions, vitamins, inhalers, and unopened EpiPens. Narcotic pain relievers and prescribed controlled substances, such as codeine, hydrocodone, OxyContin, Percocet, Ritalin, Vicodin, and Xanax, are not accepted at pharmacies and must be taken to the Bellingham Police Department. There is no fee for this service. The program is funded by the City of Bellingham through a combination of Ecology grants and Solid Waste Tax revenues. Participating pharmacies in Bellingham include: ■ Haggen Pharmacy -Fairhaven Market, 1401 12th Street ■ Haggen Pharmacy -Meridian, 2814 Meridian Street ■ Haggen Pharmacy -Barkley, 2900 Woburn Street ■ Hoagland Pharmacy, 2330 Yew Street ■ Interfaith Pharmacy, 218 Unity Street Since the success of the City of Bellingham's program, additional entities throughout the county have begun receiving similar items. Examples of this include the Haggen Pharmacy in Ferndale, which collects household prescriptions and over-the-counter medications, and the Ferndale Police Station, which accepts controlled substances. The MRW Facility (Disposal of Toxics Program) accepts unused pharmaceuticals from households (including controlled substances) at no charge, and from small -quantity generator businesses (not including controlled substances). The City of Bellingham owns, operates, and maintains a vactor waste transfer station in the Irongate Industrial Area for the purpose of processing street sweepings and vactor waste materials in accordance with regulatory guidelines. The County pays a proportionate share of operations and maintenance cost for its use. The facility also accepts street waste from other municipal jurisdictions and private parties for a fee on a per -ton basis. Customers include the City of Bellingham, Whatcom County, the WSDOT, and several private operators. The smaller cities of the county either dispose of their street sweepings and vactor waste at a permitted disposal facility, or process it at a wastewater treatment plant. Wet material is stockpiled and allowed to passively drain or decant under a covered structure. Decanted wastewater is collected and discharged to the municipal sewer system for treatment at the wastewater treatment plant. WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE68 li-r1 JU NE 14, 2016 Material is received at the vactor waste transfer station as low- to moderate -risk solid waste. Due to the classification of the material, vactor waste recycling or reuse options are limited. Since the facility is permitted as a transfer station, the City of Bellingham currently legally contracts with a private hauler to transport the material to the Waste Management Greater Wenatchee Solid Waste Landfill for reuse as alternative daily landfill cover. The City of Bellingham continues to pursue avenues to reuse and recycle vactor waste and street sweepings. The City of Bellingham is also exploring options to encourage the development of additional privately operated vactor waste and street sweeping transfer stations. 8.1.9 WASTE TIRES Used tires generated in the county are generally handled by the retail tire industry. Usable tire casings are either shipped directly to retreading plants or combined with unusable casings for later sorting at processing sites. Unusable tires are shipped by state-pernitted tire haulers to approved processing, storage, or disposal sites. Tires disposed of in the MSW stream by individuals and businesses are handled at local transfer stations, Cando Recycling Transfer Station, the NVD Drop Box Facility, or Beacon Battery and Tires. In addition, Ecology maintains a Waste Tire Removal Account to fund tire pile cleanups. This account is funded with a $1 fee collected for each new vehicle tire sold in Washington. The account funds waste tire efforts identified by local governments and other public entities for waste tire pile prevention, cleanup, and education. Whatcom County was a recipient of funds in FY2009-2010 for tire pile cleanup on four properties and in FY2012-2013 for tire pile prevention activities, such as the cleanup of 80,000 tires at the Foothills Recycling landfill and the Upriver Tire Amnesty Collection Event. More information can be found on the program's web page: http://www.ecy.wa.govZ12rogramsZswfa/tires/``cleanui2.ht . 8.1.10 CONSTRUCTION AND DEMOLITION WASTE There are several private for -profit and not -for -profit facilities that accept construction waste throughout the county. These facilities are described in more detail in Sections 3.1 and 4.1. ■ RE Store ■ RDS Transfer Station ■ SSC facilities ■ Cando Recycling Transfer Station ■ Northwest Recycling ■ Granite Construction Company ■ Whatcom Builders ■ Henifin Recycling Facility 8.2 NEEDS AND OPPORTUNITIES The purpose of the solid waste system is to protect public health and environmental quality. Unfortunately, if generators do not have a convenient means of disposing of their waste, some generators will be more likely to dispose of their waste illegally. Others may store the waste while they seek disposal. Such storage or dumping is illegal and often creates environmental and/or human health risks. WHATCOM COUNTY COMPREHENSIVE SOUD AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE69 Wo i JU NE 14, 2016 Managing these risks and ensuring that there are disposal opportunities for special waste is a critical role of the county. Although special wastes represent only a relatively small proportion of the total solid waste generated, the Health Department receives a significant number of inquiries about a variety of unusual and new wastes. It is the County's responsibility to ensure that a safe and reasonable disposal option exists. All special waste types are being handled consistent with the description in Section 8.1. The County will continue to remain active with all identified special waste handlers to ensure compliant disposal practices. In certain cases, such as with C/D debris and vactor waste, special waste may be repurposed. 8.2.1 CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING C/D waste comprises a significant portion of the waste stream. The 2009 waste sort study conducted by Ecology found that approximately 30 percent of all solid waste consisted of C/D debris. Of this, approximately 50 percent consisted of wood, 16 percent asphalt paving and roofing, 7.5 percent drywall, 6 percent ceramics and bricks, 5 percent carpeting, 4 percent insulation, and 11 percent residual materials. Based on these data, C/D waste represents a significant portion of the waste stream and recovery efforts may effectively increase county diversion rates. Since completion of the study, RDS installed and has been operating an MRF to recover C/D- related materials, which are dropped off in a designated area or manually sorted from the transfer station tipping floor. Therefore, a significant amount of diversion is now occurring that was not accounted for in the Ecology study. The County's Flow Control Ordinance (FCO) (Ordinance No. 91-041) requires that solid waste generated in the county be processed or disposed of at a designated waste facility. The ordinance also establishes priority levels for waste disposal sites that favor recycling or other means of diversion over landfilling of unseparated solid waste. However, the ordinance exempts C/D debris. A subsequent ordinance (Ordinance No. 96-037) further exempts C/D waste from the FCO. This amendment allows disposal of C/D waste at undesignated disposal sites, including sites located outside the county. It is difficult for the County to determine the current recycling levels of these materials, given their out -of -county disposal location. More investigation would be required to better understand the situation. Alternatively, revising the current exemption may encourage better management at existing in -county facilities to ensure material recovery prior to disposal. 8.2.2 VACTOR WASTE Materials from the City of Bellingham's vactor waste facility are sent to a landfill to be used as landfill cover. Since much of the material contains some level of contamination, reuse of the material requires careful consideration. However, some opportunities may exist to repurpose the material as fill for road projects where the fill will then be capped with asphalt and isolated from any potential exposure pathways. The City of Bellingham and the County should work with regulatory agencies to identify appropriate and safe beneficial reuse alternatives. WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE70 185 O O O U U O O o "0 U W i— N 3 Q W d NN ix 0 VN Z Q Q 0 Z Q H J 0 co W J m H lu vJ Q o O m O C Z V ZW O H (D O) Q) U c O 0�a)� °� :°' a) =�7L a)- ° Ll U>> E 6 �.T a Ica 0a)-0 ° Q v- o c 0� -0 > c °' c O� c am'— �' c '' v U (D �� U 0 O _ °o�cQoc. c •U 2) N N N c O a) E a) c O a p °- ° O E L° 0Ua) o c) a) O) XU0 Q O U N O G U c a 2 oc U c O Q) c 2 L O c) ONQA•c c O cUP ZN QU Q) o O cc Z) c OU E.>_ c c H I 1 > u- H U O -1 a) Q_-0to a a k a H e a O a— WQ) Q R H a 0 Q) kQ N 0 . Q) 0 I^ O a�� Z O HDE -0) AN. 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O � _ U s) o � a).>_ c_ o o E ° c � O a)O2a) Q U Q) U O o f E 0 U p Oo \ E6 c U a)aa)`Us c O Q) a _0aO_0 a) 3 a N m3.� �� U�� a 5 3 E o -0 o a'U c a) U C) m C) o U p y U°� Q p U O Q c L 0 3 O 0 0 m 0_9__ E CV V 0 m 9 ADMINISTRATION AND ENFORCEMENT Administration and enforcement of solid waste regulations in Whatcom County are carried out by various agencies in the county. Administration of solid waste regulations is the joint responsibility of Ecology, the Health Department, and the incorporated cities in the county. Responsibilities for the enforcement of solid waste regulations are distributed between Ecology and the Health Department. This chapter identifies the statutes and regulations that form the basis for solid waste administration and enforcement and the agencies responsible for implementing them, discusses their effectiveness, and offers recommendations for improvements. 9.1 EXISTING CONDITIONS 9.1.1 AGENCY ROLES AND RESPONSIBILITIES Whatcom County Health Department The solid waste system is managed by the Solid Waste Division of the Whatcom County Health Department, which includes the following responsibilities: solid waste enforcement; solid waste facility permitting; education and outreach for waste prevention and recycling; ensuring economically efficient recycling and disposal systems; litter control; hazardous waste education and disposal; and monitoring of the County's closed landfills. They also facilitate SWAC committee meetings. Funding for the Solid Waste Division is allocated through the County's annual budget process (see Section 10.3) with most revenues provided by the collection of an excise tax on garbage hauled by certificated haulers, as well as by multiple Ecology Coordinated Prevention Grants. The Health Department administers several contracts to provide solid waste education and outreach services to enhance County programs. The Solid Waste Division was transferred to the Health Department from the County's Public Works Department on January 1, 2015. Whatcom County Public Works Department As the agency formerly overseeing the Solid Waste Division, the Public Works Department was responsible for drafting previous solid waste plans, including the 2008 Comprehensive Solid and Hazardous Waste Management Plan and the 1991 Hazardous Waste Plan. The Public Works Department has remained engaged in the planning process of the current Plan, although they no longer hold any responsibility for solid waste activities in the county. Solid Waste Advisory Committee The Whatcom County SWAC was established in 1985 to provide input and review for the Plan that was under development at that time. The SWAC has continued to meet to review and update solid and hazardous waste management plans, County policies and ordinances, and other issues related to local solid waste management. SWAC meetings are open to the public and are recorded with written minutes. All documents and meeting minutes are distributed to the mayors of the cities, affected agencies and organizations, and interested individuals. WHATCOM COUNTY COMPREHENSIVE SOUD AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE 72 W&I JUNE 14,2016 Solid Waste Executive Committee The SWEC is responsible for estimating quarterly and annual revenues, recommending annual budgets to the County Council, and monitoring expenses to ensure budget compliance. The SWEC is composed of the mayors representing each city within the county, as well as the County Executive. The SWEC is responsible for reviewing the Plan and providing recommendations to County Council. Cit ies Pursuant to interlocal agreements with the County, all cities have instituted mandatory garbage and recycling collection. Cities in the WUTC-regulated areas have the option of providing for solid waste collection either through municipal crews or through contracted services. If cities do not elect to exert local authority over collection, collection services will be provided by the collection company with the underlying certificate for the geographical area that includes the city. The cities of Everson, Ferndale, Lynden, Nooksack, and Sumas have municipal contracts for both residential and commercial solid waste collection. The City of Bellingham has a municipal contract with SSC for residential collection and commercial collection remains governed by WUTC regulations; disposal is managed through an independent contract. No other cities in Whatcom County currently have independent disposal agreements, although the City of Ferndale previously had separate disposal contracts. The City of Blaine has asserted no local authority and consequently is fully serviced under WUTC authority. Coincidentally, all cities that contract for collection services at this time have contracted with a collection company that holds the underlying WUTC certificate covering that city. With the exception of Blaine, cities in the county undertake solid waste collection and determine collection rates, frequency of service, billing, and recordkeeping systems through ordinances and contracts with private collection companies. City -contracted collection companies provide direct billing services. No city in Whatcom County has a municipally operated collection system. The City of Bellingham also has a formal, staffed, litter -control program. A deputized city staff member performs all litter and illegal dumping control activities, including investigating litter and illegal dumping complaints, providing enforcement, and cleaning up dumping sites. Other cities also have litter -control programs, although litter -control activities are often informal and are generally performed by public works or parks crews, as needed. Native American Tribes Lummi and Nooksack tribal lands are not subject to this Plan. However, non -tribal residents living within reservation boundaries are subject to provisions of County solid waste ordinances. Both the Lummi and Nooksack Tribes contract with private WUTC certificated haulers for garbage collection. Washington State Department of Ecology Ecology is responsible for promulgating and enforcing state regulations associated with solid waste disposal, air emissions, and wastewater and leachate discharges. The state solid waste regulations that Ecology enforces result from state legislation (including RCW 70.95) and in response to federal law such as RCRA. Ecology reviews and approves local solid waste management plans, works with local health departments to enforce the state's MFS (jAC 173-304), and permits incinerator ash disposal as WHATCOM COUNTY COMPREHENSIVE SOUD AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE 73 ff-01-01 JU NE 14, 2016 authorized by RCW 70.138. Ecology may periodically revise facility standards for demolition landfills, compost facilities, and MRW facilities as part of the MFS revisions. Ecology also provides grant funding to local governments that assists in solid waste program operations. KIarthw,cec+ ( lean Air A genCw The NWCAA has regional responsibility for regulating and enforcing air quality. Solid waste management activities that impact air quality fall under NWCAA jurisdiction. NWCAA regulatory activities in local solid waste management historically have been focused on the regulation of emissions for solid waste incinerators; the permitting of controlled burns of woody debris, including burns at landfills and transfer sites; and enforcement related to the use of burn barrels to burn solid waste. NWCAA is also responsible for regulation of any construction that may result in handling and/or disposal of asbestos containing materials. There are no active incinerators in the county. Washington Utilities and Transportation Commission The WUTC regulates solid waste collection companies under the authority of RCW 81.77. In brief, the law provides for regulated garbage collection companies with monopolies in specified geographical (certificated) areas. The WUTC regulates collection fees and operating standards, as well as requiring annual revenue and expense reports for certificated collection companies. Collectors charge uniform rates subject to WUTC approval across each certificated area. Collection companies must provide collection services at the specified tariffs to all customers in their certificated area. The original certificates were awarded in 1961. These certificates are perpetual unless a collection company fails to offer adequate service, or cedes or sells all or part of their certificated area to another collection company. In the event that a collection company decides to cease business, their certificate could be sold to a competing entity, under review of the WUTC, which would then provide collection services to the same jurisdiction. The WUTC provides temporary authorization during the review period to ensure uninterrupted service to customers. With the passage of the County's 1990 Service Level Ordinance (Ordinance No. 90-95), the County took an active role in defining local solid waste collection services. Through the Ordinance and successive amendments, the County defined minimum garbage and recycling collection services and set collection charge rate policies. The WUTC is responsible for regulating the certificated services within the framework of the County's Service Level Ordinance. The WUTC also reviews the Plan during the approval process and evaluates probable financial impacts to county rate -payers. 9.1.2 FLOW CONTROL ORDINANCE Flow controls are legal provisions that allow state and local governments to designate the places where MSW is taken for processing, treatment, or disposal. County Ordinance 91-041, adopted June 25, 1991 and codified as WCC 8.15.030, establishes County control over the disposal of solid waste in the county and requires designated disposal sites to have disposal agreements with the County. The FCO establishes priorities for the flow of materials through the county solid waste system, prioritizing recycling as the primary means of solid waste handling. In September 1996, the County Council passed an ordinance (No. 96-037) to exempt C/D waste from the flow -control requirements. WHATCOM COUNTY COMPREHENSIVE SOLD AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE74 We JU NE 14, 2016 9.1.3 FINANCING Until 1990, the County financed solid waste activities from disposal revenues received at County disposal facilities. These activities included landfill operations, transfer operations (e.g., subsidizing the Maple Falls and Point Roberts drop -box sites), the closure and maintenance of old landfill sites, and planning and administration. With the establishment of the FCO and the temporary disposal site agreement with the former Recomp facility (now RDC) in 1990, the County funded its solid waste activities with the $9-per-ton surcharge collected by Recomp. These surcharge funds allowed the County to formally close past County landfills, enhance waste reduction and recycling program design and implementation, and address other County solid waste funding obligations. When FCO- based disposal site agreements became unenforceable in early 1997, disposal sites ceased to collect and remit the disposal surcharge and the County lost its solid waste revenue source. The County then reviewed a number of financing options, including "no funding" (i.e., ceasing any solid waste functions); reactivating a 1987 county ordinance [No. 87-17] authorizing the collection of pass -through fees at private disposal facilities; implementing a percentage collection excise tax through the disposal district; implementing a per -container collection excise tax through the disposal district; and shifting to general tax funding through the County's "current expense" fund. The "no funding" option was rejected because of the County's need to meet statutory obligations, including planning, ordinance enforcement, and postclosure responsibilities for closed County landfills. The implementation of the 1987 "pass -through" ordinance was deemed inadvisable, since many of the same flow -control legal issues that challenged the disposal site agreements would apply to the earlier pass -through ordinance. The percentage excise tax through a disposal district was considered feasible, but potentially inequitable, since customers paid varying amounts to different haulers for the same level of service, and would thus pay varying amounts of excise tax while receiving the same service. The shifting to general tax funding was rejected because of the limited availability and competition for current expense funds. The County determined that a weight -based excise tax based on disposal district taxing authority would be the best funding mechanism. This approach would avoid the perceived inequity of a percentage tax and would link tax payments to container size and anticipated container weight. The County's disposal district (WCC 8.13) was revised to reflect this excise tax approach and others updated through Ordinance 97-041, adopted July 29, 1997. The collection of the excise tax began in October 1997. According to WCC 8.13.030, the excise tax is levied on all solid waste collection at each residence, business, and institution at the rate of $8.50 per ton. The County levies this tax to administer solid waste management planning and a portion of the education and community outreach in the county. This excise fee is collected by the collection companies. 9.1.4 ADMINISTRATION The Health Department provides staff to administer the contracts for solid waste education and outreach programs, procure state and local grants supporting solid waste operations, and support the SWAC and SWEC. In addition to contract administration, County staff respond to public questions and serve as a resource to the community. Except for defining the terms of the Service Level Ordinance, the County does not take an active role in administering the collection, transfer, or disposal of solid waste generated in the county. These actions are managed through municipal contracts, WUTC G-Permits, and private contract mechanisms between service providers. WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE75 G •T'1 JU NE 14, 2016 9.1.5 ENFORCEMENT AND COMPLIANCE The Health Department maintains responsibility for pernzit compliance and solid waste enforcement activities in the county and the solid waste system. Health Department staff routinely administer solid waste pcn-nits to facilities in the county and periodically assess compliance. Staff, along with the sheriff's office, address the need to periodically enforce solid waste ordinances, including instances of illegal dumping. Although disposal rates have been stable or have moderately increased for years, illegal disposal continues to be a problem in rural county areas. Given the size of the county, the possibility of multiple sites scattered throughout the county, and the difficulty of gathering sufficient evidence, enforcement activities related to illegal disposal are very time-consuming. Staff only responds to complaints, and does not actively patrol the county looking for illegal disposal sites. On average, there are 110 complaints per year. The Health Department's complaint tracking consists of an initial site visit for documentation and verification of illegal dumping; research of ownership, property owner, etc.; outreach to the property owner and enforcement letters; follow-up public contacts, correspondence, and inspections; and court preparation and appearances, if needed. It is Health Department policy to encourage voluntary compliance and avoid the use of law enforcement agencies. If there is a lack of progress, the sheriff's department becomes involved, which may result in a civil action and subsequent court date. In addition to the general problem of adequately responding to complaints of illegal disposal, bringing charges against violators is further complicated by the evidence requirements for prosecution based on state law. The current system can consume numerous man-hours to gather sufficient evidence, conduct repeated inspections/investigations, and possibly bring court action. 9.2 NEEDS AND OPPORTUNITIES Financing for the solid waste system is provided through the County excise tax collected by collection companies, various Ecology grants (as made available), and revenues resulting from leases with private sector solid waste providers (refer to Sections 7.1.1 and 7.1.2) . Current funding levels are enough to support minimum programming, but more funding may be needed to expand the County's education, outreach, and business technical assistance. The County should periodically assess programs in development and the funds available and reallocate funds on an as -needed basis in order to meet the implementation priorities for waste reduction, recycling, and composting. 9.2.1 ENFORCEMENT AND COMPLIANCE Enforcement of solid waste disposal provisions is a critical component of the County's solid waste management program. While the community as a whole prides itself on disposal compliance and a relatively high rate of diversion, specific challenges exist in two somewhat more rural portions of the county. In particular, the Point Roberts area is geographically separated by Canada, and the Kendall - Maple Valley Area requires urban levels of service even though it is located in a more rural area. The Kendall -Maple Valley Area The Kendall -Maple Valley area is located in unincorporated Whatcom County, but requires near urban area levels of service because of its relatively high residential development density. In addition to demographic factors, the area is challenged by its distance to typical urban services. As a result, WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE76 191 JU NE 14, 2016 there is frequent illegal dumping of solid waste on vacant lots, off logging roads, and in culverts. Health Department staff implement a compliance and enforcement program, but because of limited resources and countywide demands, additional infrastructure may be necessary to better serve this area. In the past, the Health Department has worked with community groups, including Kendall Kleen, to provide special attention to these issues and has facilitated various cleanup activities. Point Roberts There is also a new compliance issue being investigated in Point Roberts, which may be exacerbated by international travel restrictions that are enforced on the only road leading from this isolated community, which happens to be the point of entry into Canada. Point Roberts is located just south of the United States -Canadian border and is isolated from the mainland United States. The community includes a large number of seasonal residents who must travel into Canada to return to their primary place of residence, whether in the United States or Canada. Providing urban services in this area is a challenge for a number of reasons. For example, the area's relatively small population makes it difficult to provide waste management services on economies of scale. Also, whereas residents and visitors in other seasonal communities around the United States would be permitted to transport household solid waste to dispose of at their primary place of residence, international border regulations prohibit the importation of solid waste into Canada. As a result, residents must dispose of garbage before leaving Point Roberts. Other factors include the fact that some seasonal residents use their Point Roberts address to receive packages and must dispose of the packaging before leaving the area. In some cases, garbage is disposed of illegally at public parks and facilities. County staff have undertaken steps to curb illegal disposal through the Health Department enforcement program. The issue, which has only recently been brought to County enforcement staff, is currently being examined in greater detail. WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE 77 192 N Z W W w Z W 0 Z a Z 0 N Z 0 NN Z 0 Q Z N J 0 0% W J m Q N O C N p c O U (D _T U o U c > p> U — U :DO a — E uJ — } O T N Q > c U N O U c °' a �m0E.Y �-� 0 � CL c � 3 ua)�Hoc a C)3 mo Q) 4) o ZO � u 3 o Q 3 c 0 � °) pQ 0)E � � � N (D E x3 Um rs N Em a m E:) 0 a -O U O) O O -0-QQ aU-Q o_ ai_ - c a >Cl E O Q- U E a O T _N 0) U C) a) O - z �- >o,NQEUc L)�aa)) ; >_ cQ5j U E- a) --a U C) U cn c O W C a) 70 U 70 C) a) Q% p Q. 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C ep a) a� Q— -0 U: a Q 0 1—' 70 O.9 C- A E �-E A,� � E QaO Cam' R N B C 6- CL AO aa) Q ®— > Ia) n" Oe0 O C2N N a> N a_ a)I @_ —A.X N Ne'U� UaQ) >a3 „0) 0,0 O O Aa) E �O a--Q'N aO O cap)O caa) o Q-paN U$a -ao ° c o jam C Ua0 - O a0 UaU Q �aT @Q fl E Nap ®� X'UflX 0 OaN Op "0O pao O C80 c E U— p E 3 Ok- ao a) N a a) O R c a'� N fl y O U a) fla) VAS a)g> O O_a�� O a) R a) a) @ O_ �N @Q - AO N O®`) N a.c -p N R o O N -� @ -O a) •C —>B O C O N •CO s@"— ) )a a (1) O_-EOQ 0.UC 'pa aa_c— a a) (1) U (1a)aa >aAO -0 '.E) ) . > U U o > a a >cA>U�p0a� ®9Lij °Ma��a� � o °O�A Q0 s s a a z a A A B a ICE pU y� aWW @ s e A a n @ e a Q a(.Yi aU a a (1) c O O EU O_-ro 0 0 N N� >-O w c 0-'U 1E U — W o o -Q O E C C Q D J E 0a)poo TE c�c� -, O N �° a) CLc: � o�a)� E�- mm 0 o U a > > E o>° Q a)OU Lij U a) E O_ -O O O U O Go n CL LU lar? 10 IMPLEMENTATION SCHEDULE The purpose of this section is to outline the planning process followed in the development of this Plan, and identify implementation responsibilities, actions, and an overall implementation schedule. 10.1 IMPLEMENTATION RESPONSIBILITY Solid waste management is governed by the laws and regulations of federal, state, and local governments. These laws and regulations create the legal framework defining roles and responsibilities. The following section discusses the roles and responsibilities of local government in the management of solid waste in the county. Waste Reduction and Recycling Waste reduction and recycling is a fundamental strategy and top priority for solid waste management in the county, and is a critical element of the Plan. The County is responsible for implementing education and recycling programs countywide, with its partners, to reduce waste disposal. Private solid waste companies will continue to support recycling education and enforcement as a basic part of their customer services efforts. Collection With the exception of the City of Blaine, the cities in the county manage the solid waste collection system, including the establishment of rates to pay for the service. Cities are responsible for ensuring that their solid waste collection systems, albeit privately owned, are in compliance with the Plan. The WUTC is responsible for ensuring that the services provided and the rates charged by the regulated haulers are in compliance with the Plan. Disposal It is the responsibility of the County to ensure that a long-term disposal system is available for MSW. Private entities operating transfer stations in the county use their operating contracts to ensure that properly permitted disposal facilities are utilized for the disposal of county -generated waste. The Plan is required to describe existing solid waste disposal handling facilities, which, in Whatcom County, are all privately owned. The County is responsible for assessing the need for additional solid waste handling facilities over the 20-year planning horizon. Education and Public Involvement Comprehensive education is to be conducted throughout the county so that people are informed of the need to reduce, source separate, and recycle solid waste. Development of educational programs is required as part of the Plan (RCW 70.95). The County is responsible for ensuring that the public has a chance to participate in the decision - making process. This has been accomplished by holding public meetings on the Plan and other solid waste issues, providing adequate public notice of SWAC meetings, establishing a comment period during which citizens submitted written comments on the proposed plan, distributing informational brochures, and soliciting ideas from citizens. WHATCOM COUNTY COMPREHENSIVE SOUD AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE 79 194 JU NE 14, 2016 Solid Waste Permits As described in Sections 9.1.1 and 9.1.5, the Health Department is responsible for permitting solid waste facilities. The department issues permits for transfer stations, drop boxes, biosolid facilities, v aCLCll waste lA.C111L1CS, 1CCyt-ullg laCiii Lle $, d1geSLe1S, A.11d lv'u��w� laCiiitie5. Applicants must also apply for permit approval from the County Department of Planning & Development Services. The Department of Planning & Development Services reviews proposal to make sure they are consistent with County land use codes, zoning, and the County's comprehensive plan. Potential approvals required include building permits, grade/fill permits, and conditional use permits. Solid Waste Management Planning The County is responsible for solid waste planning and management. The County, in cooperation with the cities, is required to prepare a coordinated, comprehensive plan, which must comply with RCW 70.95, Ecology's Guidelines for the Development of Local Solid Waste Management Plans and Revisions, and the Cost Assessment Guidelines published by WUTC in accordance with RCW 70.95.090(8). Implementation It is the responsibility of the County and cities to implement programs following the adoption and approval of the 2016 Plan. The County and the cities are required to adopt regulations ordinances governing solid waste handling to implement the 2016 Plan (RCW 70.95). Reporting Municipalities that provide their own solid waste disposal are required to report annual tonnage information to Ecology. Solid Waste Advisory Committee The County is required to establish a local SWAC to assist in the development of programs and policies concerning solid waste management. The SWAC also reviews and comments on proposed rules, policies, and ordinances before their adoption. The SWAC is advisory only, making recommendations to the County Council, which makes final decisions after considering SWAC recommendations and other available information. The County SWAC elects its own chairperson, adopts its own bylaws, and conducts its own meetings in accordance with the Ecology Solid Waste Planning Guidelines. County staff provide information to the SWAC and facilitate meetings. 10.2 SUMMARY OF GOALS AND ACTIONS The following table provides a list of implementation actions for the County, cities, private haulers, private businesses, and institutions in the county. The list is derived from the goals and actions section of each chapter contained in this Plan. 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D R4 R \ 1 f §\ § \ )$ 747101 20 0 : R \� ) ' ) �� E) \ ( *17 \\ \�\ /�. /\; }a) f » { 5% / J ) / j \) \ [ 6 / / [ / ; . * \ / 70 \\ \ \\ \\ \\ } \\ $ (�( �))� {(\ /:f\ 27% $\ _ f g{(cc2E `, ]2 \// )// )7\ _/ w ■a w 10.3 BUDGET The County maintains an annual solid waste budget of approximately $1,260,000. More than half of „ , ii i Th , the sous waste uudget is ivaeu throughire CountyCounty solid waste excise tax. �rus tax is collected by y private haulers through curbside collection fees. There is no self -haul disposal tax collected at the current time. The balance of funding is secured through Ecology grants, which has recently been reduced by $125,000 per year through reductions in the State 2015-2017 biennial capital budget. County solid waste handling facilities and collection services are largely privatized and do not require direct County investment. Two of the three transfer facilities in the County, RDC and RDS, are privately owned and operated. The Cando transfer facility is County -owned, but leased to a private party for operation. Drop -box facilities in the County include both publically and privately owned drop boxes; however, public drop -box facilities (Cedarville and Birch Bay) are also leased to private entities and require only periodic maintenance. As a result, expenditures for solid waste infrastructure development, maintenance, and operation represent very little of the County's overall solid waste budget. Exceptions to this are the five closed, County -owned landfills and the Whatcom County MRW Facility (Disposal of Toxics Program). Approximately five percent of the solid waste budget is expended for post -closure maintenance and monitoring associated with the Cedarville, Birch Bay, Point Roberts, and Y Road Landfills (Y Road I and II). The Whatcom County MRW Facility (Disposal of Toxics Program) represents a much larger portion of the budget, at approximately 25 percent. Funding for community education and outreach programs are critical to achieving waste reduction goals. In the 2015 fiscal year, funding will be enhanced to increase composting and recycling education and education programming in schools. Additional programming will be added for commercial technical assistance programs pertaining to organics management, construction and demolition debris recycling, and single and multifamily residential recycling. The County also plays a significant role in litter control and illegal -disposal enforcement. Approximately 20 percent of the budget is allocated to enforcement programs, addressing reports of illegal disposal and contracting with the Sheriff's office for jail litter crews. WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE84 199 JUNE 14,2016 1 I LOCAL HAZARDOUS WASTE MANAGEMENT PLAN 11.1 MASTER SECTION This section provides the framework of the County's existing hazardous waste management system, current program services associated with hazardous waste collection, public education, and technical assistance, and identifies opportunities and constraints for improving those services. This section also serves as a foundation for program goals that are presented in Section 11.2, Implementation. 11.1.1 INTRODUCTION As an overall component of the County's solid and hazardous waste management system, this section is specific to hazardous waste management system components and is intended to demonstrate compliance with RCW 70.105, the Hazardous Waste Management Act. The format of this section follows the Ecology -recommended outline provided in Guidelines for Developing and Updating Local Hazardous Waste Plans (Ecology, 2010). The County adopted its initial hazardous waste management plan in 1991 to comply with requirements stipulated under RCW 70.105. Since then, updates to the Plan (most recently completed in 2008) have included reference to the 1991 Hazardous Waste Management Plan, with no substantial revisions to that plan completed. 11.1.2 ANALYSIS OF CURRENT CONDITIONS This section provides information on the current quantities, types, and management of hazardous waste generated by households and businesses in the county. 11.1.2.1 Hazardous Waste Inventory MRW is regulated as solid waste, and is defined as hazardous waste (waste chemicals) generated from households and qualified CESQG businesses. The County owns the Whatcom County Moderate Risk Waste Facility, also known as the Disposal of Toxics Program facility, located at 3505 Airport Drive in Bellingham (Figure 1-1), which accepts MRW from county households and qualifying small businesses (9:00 a.m. — 4:00 p.m., Monday through Friday and the first Saturday of each month). The facility is operated under contract by Stericycle Environmental Solutions. Automobile -related MRW (motor oil, antifreeze, and oil filters) are also accepted at satellite facilities (Cedarville Road transfer station [9:00 a.m. — 5:00 p.m., Saturday], Birch Bay transfer station [9:00 a.m. — 5:00 p.m., Sunday], and NVD Lynden transfer station [8:00 a.m. — 4:00 p.m., Monday through Friday, and 9:00 a.m. — 12:00 p.m., Saturday). The County collected 408,629 pounds of MRW in 2014 (105,260 pounds from CESQGs and 303,369 pounds from county residents). Figure 11-1 presents the annual MRW received over the past ten years. WHATCOM COUNTY COMPREHENSIVE SOLD AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE85 P0111 JUNE 14,2016 Figure 11-1 Annual Moderate Risk Waste Received 2005 7fM')(, 2007 2008 2MI) 2010 2011 2012 201? 2014 The County served 8,637 customers at the MRW facilities in 2014 (861 visits by CESQGs and 7,776 visits by county residents). Figure 11-2 presents the annual number of users of the County's MRW facilities over the past ten years. Figure 11-2 Annual Customers —Moderate Risk Waste Facilities WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE86 201 JUNE 14,2016 Dangerous Waste Generators. Ecology's records indicate how many of the following numbers of businesses and institutions in the county were registered as hazardous waste generators as of June 2014: Nineteen .age -quantity generators ■ Eighteen medium -quantity generators ■ Forty-three small -quantity generators (includes only those small -quantity generators that have chosen to obtain a USEPA identification number [which is not required for CESQGs]; the actual number of CESQGs may be higher) ■ Twenty-four nongenerating sites and transporters that have active USEPA or state identification numbers but that did not generate waste in the most recent year. Remedial Action Sites. Ecology's list of confirmed and suspected contaminated sites in the county can be found at https://fortress.wa.gov/ec tcpwebreporting/Default.asJ2 The sites are listed in five categories (figures shown are current as of October 2014): 1. Brownfield Sites —ten sites. Brownfield sites are abandoned or underutilized properties where potential liability due to environmental contamination and cleanup costs complicates redevelopment. 2. Environmental Covenants Register —nine sites. This registry is a list of sites that have residual contamination after the cleanup has been completed. These sites have environmental covenants or deed restrictions limiting the types of uses on the property. 3. Leaking Underground Storage Tanks-119 (active) sites. This report contains information on underground storage tank facilities that require cleanup, as well as their cleanup history. 4. State Cleanup Sites: a. Confirmed and Contaminated Sites Report-220 records. This report contains information about sites that are undergoing cleanup and sites that are awaiting further investigation and/or cleanup. b. No Further Action Sites204 records. This data set contains information about sites previously on the Confirmed and Suspected Contaminated Site list (above) that have received a No Further Action decision. These sites may have deed restrictions or environmental covenants. 5. Regulated Underground Storage Tanks-136 (active) sites with 360 tanks. Washington State regulates active storage tanks on different properties, including gas stations, industries, commercial properties, and government entities. Hazardous Waste Services (Transporters and Facilities). Transporters and facilities in the county that provide transportation and disposal services are listed on Ecology's Hazardous Waste and Toxics Reduction Services Directory at ham://www.ecy.wa_gov/programs/hwtr/index.html. 11.1.2.2 Public Education The County is dedicated to educating the public about hazardous waste issues. Educational programs are designed to increase awareness and to reduce use, misuse, improper storage and disposal, and risks to human health and the environment related to hazardous products. The County WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE87 202 JU NE 14, 2016 prioritizes specific topics, audiences, and education methods according to hazards, community needs, and outreach effectiveness, so specific campaign elements change over time. The County also strategically teams with community partners to cost-effectively reach a wider range of the public in its educational messaging. The County identifies and implements effective means of connecting hazardous materials education to related environmental, health, and resource concerns, such as restoring Puget Sound, protecting indoor air quality, protecting drinking water, preventing chronic disease, and broader community health improvement. In addition to educational materials on the County's Web site specific to hazardous material management (httt)://www.co.whatcom.wa.us/674/Sohd-Waste--Mana ement), the County maintains printed brochures and posters for distribution at the public's request. Tours of the MRW facility are provided to various community groups, as well as to middle -school -age students, and Stericycle Environmental Solutions and County staff are available to speak at various public meetings (e.g., small business associations, neighborhood associations, real estate professional associations). 11.1.2.3 Technical Assistance The County is committed to assisting the public in safely storing and using hazardous chemicals, as well as appropriately disposing of MRW. In additional to infornnation provided on its Web site (see Section 11.1.2.2) relative to appropriate disposal options, the County, through Stericycle Environmental Solutions, maintains a telephone hotline (360-384-4640) for additional technical assistance. Assistance is typically provided in the form of over -the -phone technical advice and referrals to information available on the Internet. In cases where additional, on -site technical assistance is warranted for small businesses, County staff source control specialists are available to conduct business tours and consultations. In addition, the EnviroStars program (see Section 3.1.1) is another resource for businesses. 11.1.2.4 Service Improvement Opportunities and Constraints In light of budgetary constraints created through significant reductions in state funding levels beginning with the 2015-2017 biennial budget, the County plans to focus its limited available funding on program maintenance, and if necessary, strategic service reductions. Partnerships with both the private sector and nonprofit organizations will be explored to an even greater level than in the past to identify potential means of cost-effective service enhancement. 11.1.3 LEGAL AUTHORITY FOR THE PROGRAM The 1976 RCRA addresses the management of solid and hazardous waste at the federal level. RCRA exempts small -quantity generators and household hazardous waste from hazardous waste regulation at the federal level to allow greater focus on large -quantity generators of hazardous waste. At the state level, the management of solid and hazardous waste is delegated to Ecology by the USEPA through the RCRA State Authorization rulemaking process. The RCRA program is administered by Ecology through the Washington State Dangerous Waste Regulations in WAC Chapter 173-303, Solid Waste Handling Standards in WAC Chapter 173-350 (which includes moderate risk waste), and Criteria for Municipal Solid Waste in Landfills in WAC Chapter 173-351. Relevant federal laws and regulations include the following: WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE88 K110 JUNE 14,2016 ■ RCRA ■ Universal Waste Rule ■ Mercury -containing and Rechargeable Battery Management legislation ■ Comprehensive Environmental Response, Compensation and Liability Act (CERCLA/Superfund) ■ Emergency Planning and Community Right -to -Know Act (which establishes the Toxics Release Inventory program) Solid and hazardous wastes are regulated in the state through multiple statutes and regulations: ■ Hazardous Waste Management Act (RCW 70.105) ■ Solid Waste Management Act (RCW 70.95) ■ MTCA ■ Pollution Prevention Planning Act ■ Used Oil Recycling Act Under RCW 70.105, local governments are assigned the responsibility to develop and implement plans for managing MRW. The County's Department of Health is the lead agency for implementation and enforcement of local hazardous waste regulations, which include: ■ WCC 24.06, Solid Waste Rules and Regulations —Standards and Permits 11.1.4 FINANCING THE PROGRAM The County's programs to address MRW are funded primarily through: ■ Excise tax on solid waste hauled by certificated haulers ■ Ecology grants (primarily Coordinated Prevention Grant funds) 11.1.5 GOVERNANCE STRUCTURE As presented in Section 11.1.3, local governments are delegated the responsibility by the state to prepare and carry out comprehensive management plans for small quantities of hazardous waste through adoption of the Hazardous Waste Management Act in 1985. The County, through the Health Department's Disposal of Toxics Program, is assigned the lead responsibility for operating and maintaining the hazardous waste management system. Consistent with the solid waste management governance structure, the County has adopted interlocal agreements with the cities of Bellingham, Blaine, Everson, Ferndale, Lynden, Nooksack, and Sumas for the County's management of hazardous waste (Appendix C). 11.1.6 PROGRAM PHILOSOPHY The primary objective of the hazardous waste management program is to protect the health and safety of the public and the environment from the potential adverse effects of exposure to hazardous waste. WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE89 JU NE 14, 2016 11.1.7 PROGRAM SERVICES The County provides services in the following six required elements associated with hazardous waste management: ■ Household hazardous waste collection ■ Household and public education ■ Small business technical assistance ■ Small business collection assistance • Enforcement ■ Used -oil collection and public education Goals associated with maintenance of existing services, as well as strategic expansion of services, as warranted, specific to each of these elements are discussed in Section 11.2.2. 11.1.7.1 Household Collection The County currently accepts hazardous waste at its MRW facility located at 3505 Airport Drive in Bellingham (Figure 1-1). The facility accepts the following hazardous waste substances from county residents: ■ Automotive products ■ Cleaners • Fluorescent lamps ■ Good, usable latex -based paint (1 /2+ full cans) ■ Lawn and garden chemicals ■ Mercury thermometers ■ Oil -based paint and associated products ■ Solvents ■ Use oil and fuels Annual Collection Events. In an effort to promote appropriate disposal of MRW in underserved areas of the county, up to two collection events have been held annually at locations that are geographically removed from the MRW facilities. Because of international transport challenges, one MRW collection event is held in the Point Roberts area at least once every two years. Household Waste Pharmaceuticals Collection. Waste pharmaceuticals disposal services are provided to county residents at the MRW facility. Residents wishing to dispose of waste pharmaceuticals are encouraged to call the telephone hotline (360-676-6724) before transporting the substance(s) to the facility. MRW Re -Use Program. To reduce MRW disposal rates, reuse of appropriate materials is provided at the MRW facility. For example, latex -based paint that is received by the facility is made available to the public for reuse. This program annually reduces the amount of MRW requiring disposal by 10 to 15 percent. 11.1.7.2 Household and Public Education Section 11.1.2.2 provides a description of current household and public education services provided by the County specific to hazardous waste management. WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE90 205 JUNE14,2016 1 1.1.7.3 Small Business Technical Assistance In additional to information provided on its Web site relative to appropriate disposal options (see Section 11.1.2.2), the County, through Stericycle Environmental Solutions, maintains a telephone hotline (360-676-6724) for additional technical assistance. Assistance is typically provided in the form of over -the -phone technical advice and referrals to information available on the Internet. In cases where additional, on -site technical assistance is warranted for small businesses, County staff source control specialists are available to conduct business tours and consultations. In addition, the EnviroStars program (see Section 3.1.1) is another resource for businesses. 11.1.7.4 Small Business Collection Assistance CESQGs may dispose of hazardous wastes at the MRW facility and must pay for hazardous waste disposal in accordance with the fee structure defined in the Disposal of Toxics Program operations plan. Wastes accepted from CESQGs at the facility are consistent with those identified in Section 11.1.7.1 for household collection. The County, as well as the cities of Bellingham and Ferndale, also provides pharmaceutical collection services to CESQGs through a specific program. Participating small businesses must be precertified to participate in the disposal program. 11.1.7.5 Enforcement The County's Health Department leads enforcement of local hazardous waste regulations for CESQGs and households, and investigates approximately 250 complaints per year. When appropriate, the County coordinates with Ecology and other agencies on enforcement, inspections, and technical assistance. The three main activities of the local enforcement program are: ■ Complaint response and enforcement ■ Regulatory coordination ■ Site investigation 11.1.7.6 Used -Oil Education and Collection Used motor oil is currently collected curbside by MSW collectors for appropriate disposal. As an alternative, used oil may also be delivered to the MRW facility, as well as at satellite sites (SSC Cedarville Road and Birch Bay transfer stations, and NVD Lynden transfer station). The County relies primarily on service description content on its Web site in public education specific to used -oil collection services. In addition, the County has collaborated with the Port of Bellingham to provide handling and disposal of used watercraft motor oil. Efforts have resulted in EnviroStars status through by educating the public on proper watercraft motor oil disposal through signage at port - operated facilities. 11.1.8 PROCESS FOR UPDATING THE HAZARDOUS WASTE SECTION With inclusion of this hazardous waste management section in the Plan, the process for completing revisions to this section specific to the hazardous waste system components is described in Section 1.8. WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE91 �1L JUNE 14,2016 1 1.2 IMPLEMENTATION This section describes programs to help the County achieve the goals related to its hazardous waste management program for the 2016-2021 planning period. 11.2.1 GUIDING PRINCIPLES The County will: 1. In priority order, promote the following hazardous waste management strategies: a. Waste prevention b. Waste reduction c. Reuse d. Recycling e. Physical, chemical, and biological treatment f. Incineration g. Solidification or stabilization h. Landfill 2. Establish program priorities, target resources, and focus efforts accordingly. 3. Ensure that program services are available to and easily accessed by all residents and businesses regardless of income levels or where they reside. 4. Use emerging information technologies to the program's advantage. At the same time, use alternative communication methods to ensure that no group or community is excluded from program information or services. 5. Be adaptive to changing conditions, such as: a. Community values b. Environmental and health indicators c. Political priorities 6. Be responsive and accountable to ratepayers. 7. Continually improve the program efficiency and effectiveness by measuring performance. 8. To minimize risks to human health and the environment, foster an ethic of responsibility among those who produce, sell, and use hazardous products. 9. Be strategic in developing partnerships that advance the program's mission, including nontraditional partnerships. 10. Work "upstream" to reduce human and environmental exposure to hazardous material and products and reliance on publicly funded services. Examples include: a. Promoting greater producer responsibility b. Encouraging businesses to use existing and emerging "green" technologies 11. Encourage greater coordination of effort by government and nongovernmental organizations, businesses, and residents. 12. Facilitate interagency coordination and cooperation to: WHATCOM COUNTY COMPREHENSIVE SOLD AND HAZARDOUS WASTEMANAGEMENT PLAN PAGE92 207 JUNE 14,2016 a. Improve regulatory oversight and enforcement b. Minimize regulator gaps c. Reduce duplication of effort 11.2.2 STRATEGIC GOALS There are six elements specific to the County's local hazardous waste system under which future system preferred programs and alternatives are categorized. The following subsections present the County's goals specific to each element. 11.2.2.1 Household Collection Household Collection (HC) element objective: Provide or facilitate convenient collection services for household hazardous waste and key special wastes. HC Goal 1 Disposal Facility Operation Action OperateMRW facility and associated satellite collection facilities for residents. Timeframe Ongoing, 2016-2021. Implementing Agency County (through contract with contractor such as Stericycle Environmental Solutions). Funding Source(s) Excise tax on solidwaste hauled by certificated haulers. HCGoal 2 Collection Event Action Host at least one annual mobile collection event for residents in underserved areas of the county. Timeframe Ongoing, 2016-2021 Implementing Agency County (through contract with contract or such as Stericycle Environmental Solutions.) Funding Source(s) I Excise tax on solidwaste hauled by certificated haulers. HC Goal 3 Waste Pharmaceuticals Disposal Program Action Operate waste pharmaceuticals collection and disposal program. Timeframe Ongoing, 2016-2021. Implementing Agency County (throughcontract with contractorsuch asStericycleEnvironmental Solutions). Funding Source(s) Excise tax on solidwaste hauled by certificated haulers; Coordinated Prev ention Grant (CPG) funds. 11.2.2.2 Household and Public Education Household and Public Education (HPE) element objective: Educate and motivate residents to understand the environmental risks posed by hazardous products, reduce purchase and use of hazardous products, and properly use, store, and dispose of hazardous products. WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTEMANAGEMENT PLAN PAGE93 rNjE;1 JUNE14,2016 HPE Goal 1: MRW Reduction Education and Outreach Action Deliver household hazardous materials education programs designed to increase awareness and reduce use, misuse, improper storage and disposal, and risks to human health and the environment. Timeframe Ongoing, 2016-2021. Implementing Agency County. Funding Source(s) Excise tax on solid waste hauled by certificated haulers; CPG funds. HPE Goal 2: Environmental Health Hotline' Action Operate a hotline (360-380-4640) for residents to provide information about environmental health, including hazardous materials prevention, use, storage, disposal, and cleanup. Timeframe Ongoing, 2016-2021. Implementing Agency Count y If hrough contract with contractor such as Sf ericycle Environmental Solutions). Funding Source(s) Excise tax on solid waste hauled by certificated haulers; CPG funds. 11.2.2.3 Small Business Technical Assistance Small Business Technical Assistance (SBTA) element objective: Educate and motivate small businesses to understand the environmental risks posed by hazardous products, reduce purchase and use of hazardous products, and properly use, store, and dispose of hazardous products. SBTA Goal it : MRW Reduction Education and Outreach Action Deliver technical assistance services that resultin measurable changes in waste management, compliance, and best management practice implementation. Timeframe Ongoing, 2016-2021. Implementing Agency County. Funding Source(s) Excise tax on solidwaste hauled by certificated haulers; CPG funds. SBTA Goal'2: Environmental Health Hotline Action Operate a hotline (360-380-4640) for small businesses to provide information about environmental health, including hazardous materials prevention, use, storage, disposal, and cleanup. Timeframe Ongoing, 2016-2021. Implementing Agency Count y (f hrough contract with contractor such as S tericycle Environmental Solutions). Funding Source(s) Excise fax on solid waste hauled by certificated haulers; CPG funds. 11.2.2.4 Small Business Collection Assistance Small Business Collection Assistance (SBCA) element objective: Provide or facilitate collection services to small -quantity generators for business hazardous waste and key special wastes. SBCA Goal 1: MRW Collection Action Accept business hazardous waste from small -quantity generators for a fee at the existing MRW facility. Timeframe Ongoing, 2016-2021. WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE94 209 JUNE 14,2016 Implementing Agency County. Funding Source(s) Excise tax on solid waste hauled by certificated haulers; disposal fees. 11.2.2.5 Enforcement Enforcement (E) element objective: Provide protection of human health and the environment for all residents and workers. E Goal 1: Complaint Response and Enforcement Action Respond to hazardous- and solid -waste -related complaint s, and conduct enforcement activ ities, as warranted. Timeframe Ongoing, 2016-2021. Implementing Agency County. Funding Source(s) Excise tax on solidwaste hauled by certificated haulers; CPG funds. E Goal 2: Regulatory Coordination Action Coordinate with Ecology, other agencies, and County departments involved in hazardous materials regulations that relate to prevention and proper use, storage, and disposal of hazardous materials. Timeframe Ongoing, 2016-2021. Implement ing Agency County. Funding Source(s) Excise tax on solid waste hauled by certificated haulers; CPG funds. 11.2.2.6 Used -Oil Education and Collection Used -oil education and collection (USEC) element objective: For residents and small -quantity generators, provide and facilitate collection of used oil and related automotive wastes. USEC Goal 1: Used Oil Collection Sites Action Operate the MRW facility and associated satellite facilities. Timeframe Ongoing, 2016-2021. Implementing Agency County(through contractwit hcontractor such asStericycleEnvironmental Solutions). Funding Source(s) Excise tax on solid waste hauled by certificated haulers; CPG funds; disposal fees. USEC Goal 2: Oil Filter and Antifreeze Collection Action Operate the MRW facility and associated satellite facilities. Timeframe Ongoing, 2016-2021. Implementing Agency County(through contractwith contractor such asStericycleEnvironmental Solutions). Funding Source(s) Excise tax on solidwaste hauled by certificated haulers; CPG funds. 11.2.3 PROGRAMS AND MILESTONES All program goals presented in Section 11.2.2 are intended to be ongoing efforts during the planning horizon, with no specific milestone -associated dates. WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN PAGE95 210 GLOSSARY5 Anaerobic Digestion: The process by which organic .material is broken dozen by microorganisms in the absence of oxygen. This process results in emission of a carbon dioxide- and methane -rich biogas that can be collected and used as an energy source. The digestate can then be landfilled or composted. Advantages of this process include volume reduction of landfilled organic waste, as well as decreased landfill gas production. Beyond Waste: The ultimate message behind the state Solid Waste Management Plan. Beyond Waste focuses on achieving a state where waste is viewed as inefficient and toxic substances have been eliminated. The Beyond Waste Plan lays out key initiatives to address as the state moves in the direction of Beyond Waste. Biosolids: Municipal sewage sludge that is a primarily organic, semisolid product resulting from the wastewater treatment process and that can be beneficially recycled. Commingled Recycling: A method of recovery and/or collection where recyclable commodities are mixed together and sorted at a material recovery facility (MRF). Composting: The biological degradation and transformation of organic solid waste under controlled conditions designed to promote aerobic decomposition. Natural decay of organic solid waste under uncontrolled conditions is not composting. Construction and Demolition (C/D) Waste: Those wastes that are typically associated with the construction industry; these can include stone, concrete, brick, metal, lumber, and shingles. Designated Recyclables: Wastes separated for recycling or reuse, such as paper, metals, and plastics that are identified as recyclable material pursuant to a local comprehensive solid waste plan. Prior to the adoption of the local comprehensive solid waste plan, adopted pursuant to RCW 70.95.110Q, local governments may identify recyclable materials by ordinance from July 23, 1989. Disposal: The discharge, deposit, injection, dumping, leaking, or placing of any solid waste into or on any land or water. Diversion: Any method of recycling, energy production, or beneficial use that prevents disposal of material in landfills or incinerators. This definition includes all materials that are reported as recyclable. Drop Box: A "drop box" facility means a facility used for the placement of a detachable solid waste container, such as a drop box, including the area adjacent for necessary entrance and exit roads, and unloading and turnaround areas. A drop -box facility normally serves self -haulers with loose loads and receives waste from off site. A drop -box facility may also include containers for separated recyclable materials. Source: Appendix A (Glossary of Terms and List of Acronyms), Guidelines for Development of Local Comprehensive Solid Waste ManaLement Plans and Plan Revisions, Washington State Department of Ecology Publication No. 10-07-005. W HATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN 211 E-Cycle Washington: Washington's producer -funded recycling program for computers, monitors, laptops and televisions. www.ecv.wa.g_ov/pro,grams/swfa/eproductrecycle/index.html Food Waste: Organic waste derived from food products. G-Certificate: A certificate of public convenience and necessity issued by the WUTC under the provisions of RCW 81.77 for the operation of solid waste collection. This certificate defines the territory and level of service required for solid waste collection in unincorporated areas of Washington State. Garbage: General unsorted household waste that goes to a landfill. Garbage may include scrap paper, food, metal, plastic, wood, glass, dirt, fabric, and other materials that are considered not recoverable because of the size of the material, presence of contamination, lack of a market, or lack of separation effort by the generator. Green Building: Design or construction practices that significantly reduce or eliminate the negative impact of buildings on the environment and occupants in the areas of site selection, and promote conservation of materials and resources, energy efficiency, water efficiency, and indoor environmental quality. Green Waste: Biodegradable waste typically consisting of garden or park waste, such as grass or flower cuttings and hedge trimmings, and contain relatively high nitrogen concentrations. Hazardous Substance: Any liquid, solid, gas, or sludge, including any material, substance, product, commodity or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste as described in rules adopted under RCW 70.105. Hazardous Waste: All dangerous and extremely hazardous waste, including substances composed of both radioactive and hazardous components. Household Hazardous Waste (HHW): Those substances identified by Ecology as hazardous household substances in the guidelines developed under RCW 70.105.220 (Local Hazardous Waste Management Program Guidelines). HHW is any waste that exhibits the properties of dangerous wastes but is exempt from the Dangerous Waste Regulations solely because it is generated by households. Hog Fuel: Wood chips ranging in size between 2 and 5 inches that are used as a fuel source in a combustion process, such as firing a boiler. Incineration: Reducing the volume of solid wastes by use of an enclosed device using controlled flame combustion. Industrial Waste: Industrial waste includes by-products from manufacturing operations, food processing, and other industrial processes, such as scraps, trimmings, packaging, boiler ash, wood - product residuals, and other discarded materials not otherwise designated as a dangerous waste under WAC Chapter 173-303. Interlocal Agreement: An interlocal agreement is a formal agreement between any two or more public agencies to work cooperatively. In the world of solid waste planning, this usually refers to an agreement where the county and participating cities enter into an interlocal agreement to designate the county as the solid waste planning authority. Landfill: A disposal facility or part of a facility at which solid waste is permanently placed in or on land, including facilities that use solid waste as a component of fill. Material Recovery Facility (MRF): Any facility that collects, compacts, repackages, sorts, or processes for transport source -separated solid waste for recycling. WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN 212 Model Toxies Control Act (MICA): MTCA is the legislation that created the toxics accounts that now fund a significant portion of solid waste management at the state and local levels. More detail on the act can be found in RCW 70.105D. Moderate -Risk Wastes (MRW): MRW are composed of chemical materials that are poisonous, toxic, flammable, reactive, or corrosive. These products include but are not limited to pesticides, herbicides, mercur, and in thermomeYers some types of batteries, gasoline, kerosene, motor oil, antifreeze, oil -based paint, paint thinner, turpentine, pool chemicals, and drain cleaners. MRW are divided into two categories: household hazardous waste and small -quantity generator hazardous waste. Municipal Solid Waste (MSW): A subset of solid waste that includes unsegregated garbage, refuse and similar solid waste material discarded from residential, commercial, institutional, and industrial sources and community activities, including residue left after recyclables have been separated. Organics (organic materials): Substances and products of biological origin that have the potential to be returned to the soil or turned into biof eels, bioenergy, or other products. Organic materials include landscaping and yard waste, food waste, manures, crop residues, wood, soiled/low-grade paper, and biosolids. Per capita waste generation: The average amount of waste generated by a single person in a year. The per capita waste generation rate is calculated by dividing the total waste generation in an area by the total population of that area. Planning Area: The geographical boundaries in which a solid waste plan will be implemented. Recovery: Material removed from the waste stream for the purpose of recycling and/or composting. Recyclable Materials: Solid wastes that are separated for recycling or reuse, including, but not limited to, papers, metals, and glass that are identified as recyclable material pursuant to a local comprehensive solid waste plan. Recycling: Transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill disposal or incineration. Recycling does not include collection, compacting, repackaging, and sorting for the purpose of transport. Resolution of Adoption: In solid waste planning, a resolution passed by the local executive or legislative authority to adopt the local solid waste management plan. A combination of an interlocal agreement and a resolution of adoption is generally required for all participating jurisdictions in order for a solid waste management plan to be approved by Ecology. Revised Code of Washington (RCW): A compilation of all Washington State laws now in force, created and modified through bills passed by the Legislature. Solid Waste Advisory Committee (SWAC): An advisory committee established at the local level in each planning jurisdiction. The local SWAC should assist in development of programs and policies concerning solid waste handling and disposal and should review and comment on proposed rules, policies, or ordinances prior to their adoption. Solid Waste: All putrescible and nonputrescible solid and semisolid wastes, including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, C/D wastes, abandoned vehicles or parts thereof, contaminated soils and contaminated dredged material, and recyclable materials. WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN 213 Source Separation: The separation of different kinds of solid waste at the place where the waste originates. State Environmental Policy Act (SEPA): A way to identify possible environmental impacts that may result from governmental decisions. These decisions may be related to issuing permits for private projects; constructing public facilities; or adopting regulations, policies, or plans. Transfer Station: A facility where wastes are transferred from smaller vehicles (cars, pickup trucks, contractor trucks, and collection vehicles) into larger transport trailers prior to transport to the landfill for disposal. Toxics or Toxic Substances: A general term that refers to hazardous substances and hazardous wastes that have properties that may cause or significantly contribute to death, injury, or illness of humans, animals, or other living things. USEPA: The U.S. Environmental Protection Agency is a federal agency that leads the nation's environmental science, research, education, and assessment efforts. Created in 1970, the USEPA's mission is to protect human health and the environment. Vactor Waste: A common term used to describe street waste. "Vactor" is a brand name for a vacuum truck that is capable of picking up many types of waste. Currently, a wide variety of wastes are collected by Vactor trucks and treated as street wastes. However, not all wastes picked up by Vactor truck qualify as street waste. Washington Administrative Code (WAC): Regulations of executive branch agencies are issued by authority of statutes. Like legislation and the Constitution, regulations are a source of primary law in Washington State. Waste Characterization: The composition and ratio of materials in the total waste stream. Also sometimes referred to as a "waste audit." Waste Reduction: Also sometimes referred to as "waste prevention" or "precycling." Waste reduction is the practice of minimizing waste through responsible purchasing and consumerism It is, essentially, removing waste from the waste stream by not creating it in the first place. Waste reduction is typically achieved through better product or packaging design, by improved efficiency of use by the end user, and/or by process management. Woodwaste: Solid waste consisting of wood pieces or particles generated as a by-product or waste from the manufacturing of wood products, construction, demolition, and handling and storage of raw materials. This includes, but is not limited to, sawdust, chips, shavings, bark, pulp, hogged fuel, and log sort yard waste, but does not include wood pieces or particles containing paint, laminates, bonding agents, or chemical preservatives such as creosote, pentachlorophenol or copper -chrome - arsenate. Yard Waste/Debris: Plant material commonly created in the course of maintaining yards and gardens and through horticulture, gardening, landscaping, or similar activities. Yard debris includes, but is not limited to, grass clippings, leaves, branches, brush, weeds, flowers, roots, windfall fruit, and vegetable garden debris. WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN 214 REFERENCES BERK. 2013. Whatcom County population and employment projections and urban growth area allocations. Phase I technical report. November 1. Ecology. 2010. Guidelines for development of local comprehensive solid waste management plans and plan revisions. Publication No. 10-07-005. Washington State Department of Ecology. February. Ecology. 2013. Waste 2 Resources Program. Solid waste in Washington State, 22nd annual status report. Publication No. 13-07-070. Washington State Department of Ecology. https•//fortress wa og v/ecy/publications/publications/1307070 pdf December. Ecology. 2015. State solid and hazardous waste plan, moving_ Washington beyond waste and toxics. une 2015. OFM. 2012. County growth management population projections by age and sex, 2010-2040. Washington State Office of Financial Management. August. OFM. 2014. April 1, 2015 population of cities, towns, and counties used for allocation of selected state revenues. Washington State Office of Financial Management. April. htti2://www.ofm.wa.gQv/12oi2/al2rill/ofm aprill population final pdf U.S. Census Bureau. 2013. American community survey 5-year estimates, 2009-2013. http•//factfinder census gov/faces/nav/�sf/pages/searchresults xhtml?refresh=t Whatcom County. 1991. Hazardous waste management plan. May. Whatcom County. 1999. Comprehensive solid waste management plan. November. Whatcom County. 2008. Comprehensive solid waste management plan. Whatcom County. 2013. Whatcom County comprehensive plan. February. WSRA and Washington Multifamily Recycling Study Group. 2014. Sorting it out: the state of multifamily recycling in Washington State. July 3. WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN 215 ope • WHATCOM COUNTY SOLID WASTE HANDLING FACILITIES 216 ; §\ \\ \ \5 E/ \ -- a2 )cl,{r � -4[ --- — }7: \f} q\ \\ \\\,\\0 �� &` \\ \\\\\\\\\\ [£$taElXtt »2 \� \41 CL \) a wwwwaww« \\ \ \ \ \ f? u \ °)E /Ef\ //\ p{[\ \/) )«T/@?>2 \� �) �)o t ){\«}72± ...ƒZ </7762aJ 217 ; a U) }� )k ■ �j 2� v E k 2 )§ « « www w « ate» w w \ \\ k \ l (( \ §a { [ / - % \ o \ } - -- ;» - k \o )) « t { cL ! { a § _ » \;) y CL / I -2 a) a/ R-a 0 _cL � o \)\\\\ \ D }}()\)}j }/\\ } ) )\E / Ea) g} ] ®] :\ [\#\§§))2a2 20 [ \ E§| « § � www w awe w \2 \/ /& �{ �w«w« wwwww w«w w www w fa o 0 s CL - f = 2 % .0 of 1 \/ = = �^ &2u 0 _»_:__:,,: 5J%J2aa)\: =2 _ { \a } £=w/; /\2/«f)^(&2 _ _ _ \\ \ u2u/% {/{1Gƒ{§{/[{ - u%§ [ \\//ƒ\/\\/\/j \// /\\\\QQ7 3)/f( 218 opo • COMPLIANCE CHECKLIST 219 Plan Requirements Plan Location 1) A detailed inventory and description of all existing solid -waste- Sections 3.1- Waste Reduction and Public handling facilities, including an inventory of any deficiencies in Education, Existing Conditions meeting current solid -waste -handling needs. Section 3.2- Waste Reduction and Public Education, Needs and Opportunities Section 4.1 - Recycling, Existing Conditions Section 4.2 - Recycling, Needs and Opportunities Section 5.1 - Organic Material Management, Existing Conditions Section 5.2 - Organic Material Management, Needs and Opportunities Section 7.1 -Transfer and Disposal, Existing Conditions Section 7.2 -Transfer. and Disposal, Needs and Opportunities 2) The estimated long-range needs for solid -waste -handling facilities Section 2.3.8 - Planning Area, Quantity and projected 20 years into the future. Characterization of Solid Waste, Waste Projections Section 3.2- Waste Reduction and Public Education, Needs and Opportunities Section 4.2 - Recycling, Needs and Opportunities Section 5.2 - Organic Material Management, Needs and Opportunities Section 6.2 - Solid Waste Collection, Needs and Opportunities Section 7.2 - Transfer and Disposal, Needs and Opportunities Section 8.2 - Special Waste, Needs and Opportunities 3) A program for the orderly development of solid -waste -handling The county solid waste facilities are privately facilities in a manner consistent with the plans for the entire county, owned and operated, and will be permitted which shall: on an as -needed basis. This is addressed (a) Meet the minimum functional standards for solid -waste throughout the entirety of the Plan. handling adopted by the department and all laws and regulations relating to air and water pollution, fire prevention, flood control, and protection of public health; (b) Take into account the comprehensive land use plan of each jurisdiction; (c) Contain a six -year construction and capital acquisition program for solid -waste -handling facilities; and (d) Contain a plan for financing both capital costs and operational expenditures of the proposed solid -waste management system. 4) A program for surveillance and control. Section 9.1.5- Administration and Enforcement, Existing Conditions, Enforcemen and Compliance 220 5) A current inventory and description of solid -waste collection needs and operations within each respective jurisdiction, which shall include: (a) Any franchise for solid -waste collection granted by the WUTC in the respective jurisdictions, including the name of the holder of the franchise and the address of his or her place of business and the area covered by the franchise; (b) Any city solid -waste operation within the county and the boundaries of such operation; (c) The population density of each area serviced by a city operation or by a franchised operation within the respective jurisdictions; (d) The projected solid -waste collection needs for the respective jurisdictions for the next six years. Section 6.1 - Solid Waste Collection, Existing Conditions Section 6.2- Solid Waste Collection, Needs and Opportunities 6) A comprehensive waste -reduction and recycling element that, in Section 3- Waste Reduction and Public accordance with the priorities (listed in next cell) established in Education Revised Code of Washington (RCW) 70.95.010, provides programs Section 4- Recycling that (a) reduce the amount of waste generated, (b) provide incentives and mechanisms for source separation, and (c) establish recycling opportunities for the source -separated waste. 221 Plan Requirements Plan Location 7) The waste -reduction and recycling element shall include the Section 3- Waste Reduction and following: Public Education (a) Waste -reduction strategies; Section 4- Recycling (b) Source -separation strategies, including: (i) Programs for the collection of source -separated materials from residences in urban and rural areas. In urban areas, these programs shall include collection of source -separated recyclable materials from single and multiple family residences, unless the department approves an alternative program, according to the criteria in the planning guidelines. Such criteria shall include: Anticipated recovery rates and levels of public participation, availability of environmentally sound disposal capacity, access to markets for recyclable materials, unreasonable cost impacts on the ratepayer over the six -year planning period, utilization of environmentally sound waste -reduction and recycling technologies, and other factors as appropriate. In rural areas, these programs shall include but not be limited to drop-off boxes, buy-back centers, or a combination of both, at each solid -waste transfer, processing, or disposal site, or at locations convenient to the residents of the county. The drop-off boxes and buy-back centers may be owned or operated by public, nonprofit, or private persons; (ii) Programs to monitor the collection of source -separated waste at nonresidential sites where there is sufficient density to sustain a program; (iii) Programs to collect yard waste, if the county or city submitting the plan finds that there are adequate markets or capacity for composted yard waste within or near the service area to consume the majority of the material collected; and (iv) Programs to educate and promote the concepts of waste reduction and recycling; (c) Recycling strategies, including a description of markets for recyclables, a review of waste -generation trends, a description of waste composition, a discussion and description of existing programs and any additional programs needed to assist public and private sector recycling, and an implementation schedule for the designation of specific materials to be collected for recycling, and for the provision of recycling collection services. (d) Other information the county or city submitting the plan None determines is necessary. 8) An assessment of the plan's impact on the costs of solid waste WUTC Cost Assessment collection. The assessment shall be prepared in conformance with Questionnaire guidelines established by the WUTC. The commission shall cooperate with the Washington State association of counties and the association of Washington cities in establishing such guidelines. 9) A review of potential areas that meet the criteria as outlined in RCW This information will be prepared 70.95.165. (Disposal Facility Siting) during the facility site selection process when a new facility is sited. Existing facilities are permitted and therefore meet the criteria of RCW 70.95.165. 222 APPENDIX C INTERLOCAL AGREEMENTS 223 The adopting resolution to be included following approval of the Comprehensive Solid and Hazardous Wlaste Management Plan by Wlhatcom County Council. 224 WHATCO&,, COUNT CONTRACT NO. IS, f i 2 9 91 A)z) 0 "D Izzi 2 �1 -:i _J -,J _J IS,, "I- bi -,.- cr., LG.. i� — LJJ J, FIRST AMENDED � NERLOCAL AGREEMENT This agreement is executed by and between Whatc6m County ("County") and the City of .9um(L-5 ("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 regulations governing solid waste management; and contributing to the health and safety of all Whatcom- County residents. The parties make and enter into this First Amended Interlocal Agreement ("Agreement") effect-ive as amended the 5. day of 1991 for the purposes and under the terms contained herein. This Agreement supersedes •,.-the Interlocal Agreement between the parties bearing an effective date of July 25, 1989, and the Addendum of Clarification and Second Addendum of Clarification thereto. Definitions For the purposes of this Agreement and any related agreements, contracts, and documents executed, adopted, or approved pursuant to this Agreement, the parties shall use the definitions found,in Ed. June 27, 1991 26 il;z t4c, - I - 1 O�,4 225 RCW 70.95.030; 70.138.020, and WAC 173-304-100, unless the context indicates 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 management plan (11Plan") 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; 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 support. its solid waste management activities and meet its financial 2 Ed. June 27, 1991 }sue � ._. qC,.� 226 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 County: The City here-;-,7 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: 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 modified shall, following referral� to the Executive Committee as provided in Section 7 of this Agreement,. be binding upon the City in -its solid waste management.; 3 Ed. June 27, 1991 227 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 governments for the purpose of commenting to the Department of Ecology on ash management plans prepared pursuant to RCW 70.138.030(1), and disposal permit applications 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-, In the event that no such tax is imposed, the county may instead impose a fee upon disposal of waste from incorporated and 4 Ed. June 27, 1991 2- 0 File No.' L-42- -319-7124 228 unincorporated areas through agreements with owners or operators of disposal facilities. The City is permitted to use County - approved disposal sites which have negotiated an agreement with the County. Said agreement may provide for a surcharge to be collected and -paid to the County; 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, subject, however, to City zoning, building codes, and related land use ordinances. 2. Responsibilitiesofthe 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 implement 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 County flow control ordinance, the City agrees that commencing upon the effective date of such 5 Ed. June 27, 1991 Page: 'C-1 229 ordinance, all solid waste generated within the City shall be processed or disposed of only as provided in such.ordinance; 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. Such jurisdiction is granted commencing upon the effective date of such ordinance. Any such import or export of solid waste shall only be on terms and conditions approved by the County; and 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, fees imposed pursuant to flow control ordinance, and charges as the County Council may authorize from time to, time to fund its solid waste utility. if any. -excise- tax as authoriz-ed by RCW 36-58-140 . or fee as authorized by flow control ordinance is levied, it shall be calculated and utilized to pay costs related to: 6 Ed. June 27, 1991 W 'D: 230 A. construction, operation, maintenance and closure of any landfill that may be developed in the future; B. Funding of approved waste reduction and recycling programs when recommended by the Executive Committee or, when adopted to implement the approved Comprehensive Solid Waste Management Flan; C. Funding of moderate risk waste programs when recommended y the Ecacutive Cor iit_ee or when adopted to implement the approved Hazardous Waste Management Plan; D. Public educational programs related to,. the management of solid waste; „ E. Construction,. maintenance and operation of transfer stations; F. Landf ill closure and post closure improvements when, --- recommended by.the -Executive Committee; G. Administration and overhead expenses; 7 Ed- June 27, 1991 231 H. 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. Universal Garbage Collection: The County shall establish universal garbage collection in unincorporated areas of Whatcom County if a solid waste disposal district is formed under the provisions of RCW 36.58.100-.150 which includes the City. 6. 'germination of Aareement: The City or County may terminate this Agreement after June 1, 1991 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 December 31.. The parties agree: (1) that, termination will not absolve them of responsibility for meeting financial and other obligations outstanding at the time of .:termination and through the current County budget year; and that prior -to termination, -a withdrawing city will prepare and receive Ecology approval of its own solid waste management plan. E3 Ed_ Lugs t 2, 1991 232 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 at least annually, and more often as necessary, 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.o.n. s_ider the direct implementation. strategies_ for the Plan, including funding allocations as may be recommended to. the County Council; 9 Ed. June 27, 1991 233 D. Review and recommend annually to the County Council whether there should be any revision to either (i) the tax rate assessed by the Solid Waste Disposal District, it being specifically agreed that the tax rate shall not exceed ten percent (10%) of any collection charge or (ii) the fee established pursuant to the flow control ordinance, it being specifically agreed that the rate shall not exceed nine dollars ($9.00) per ton of mixed solid waste disposed of or ten percent (100) of the basic fee for disposal of demolition and construction waste. E. Prior to October 1 of each year, review and approve each program item in that portion of the County Executive's proposed solid waste budget which will be financed by revenues from either method referenced in section 7 (D) of this Agreement. The program items so approved shall be contained in the: budget which the County Executive recommends to the County Council. In the event that the County Council adopts a budget in excess of the recommended amount for any such approved program items, the Council and the Executive Committee shall submit to binding arbitration to determine the amounts - that-sh-a-11 _be financed -by revenues fr--om either method referenced in section 7(D) of this Agreement. The arbitration shall be conducted by a panel of three arbitrators, one 10 Ed. .tune 27, 1991 234 selected by the County Council, one selected by the Executive Committee, and the third selected. by the other two. At the direction of the Executive Committee, the County shall remit any revenues in excess of the amount required to fund the approved portion of the County's solid waste budget, including any reserve accounts, to the cities to finance city solid waste programs. In any remittance, priority shall be given to city programs that provide County -wide benefits. F. Review and approve any proposed revisions or amendments to the County's flow control ordinance. The County Executive shall propose to the County Council only those revisions or amendments that the Executive Committee has approved. The County Council will issue a letter of intent to each city i executing an interl.ocal .,agreement indicating its willingness to negotiate in good faith issues brought to the Council by the Executive Committee and to give good faith consideration/weight to the Executive Committee's recommendations. ..-..--------- S. Ass_ets.......and---__L.iaba l zes e. _ _ On tex-mnation__._ of this Agreement, any assets owned separately by a party shall remain the property of that party. In entering into this Agreement, neither 1 Ed. June 27, 1991 .,�: __-_ �'• awe 235 party assumes liability 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 purpose 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. IN WITNESS HEREOF, this Agreement is executed this /sk day of L, 0 1991 t� .S;vl) Cfibed and s,,onn to me this 1 'day of V k.:,A , 199A. 00 o 7° '® (!y rP Ulzc: p an fo the State o r t s z ton sz�sifiing at BeI'n 1 m. irG U � � .� {vIy c�iit�r�sion expes � l Z APPROV- AS TO FORM: andall J. Watts, C ief Civil Deputy Prosecuting Attorney AT.TES.T.:. i J:\et\25552-89.001\2 1v WHATCOM.COUNTY SHIRLEY VAN ANTEN County Executive 12 Ed. June 27, 1991 236 U)cr A a COM COUNTY CONTRACT NO. FIRST AMENDED INTERLOCAL AGREEMENT This agreement is executed by and between Whatcom County ("County") and the City of Bellingham ("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 regulations governing solid waste management; and contributing to the health and safety of all Whatcom County residents. The parties make and enter into this First Amended Inte.rlocal Agreement ("Agreement") effective as amended the day of 1991 for the purposes aindunder the terms contained herein. This Agreement supersedes the Interlocal Agreement between the parties bearing an effective date of July 25, 1989, and the Addendum of Clarification and Second Addendum of Clarification thereto. Definitions For the purposes of this Agreement and any related agreements, contracts, 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 indicates otherwise. Recitals WHEREAS, the parties recognize the need and obligation to meet federal and state mandates for solid waste planning and management; and FIRST AMENDED INTERLOCAL AGREEMENT - PAGE I 237 9. Implementing Agreements: The parties agree that routine operating agreements may be required from time to. time to accomplish the purpose 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. IN WITNESS HEREOF, -this Agreement is executed this jo- day of CC_ 1991. Subscribed and sworn to me this 3947day of DU�M,41 199 1 Notary Public in �an' fo the Stat,:/o�Washi.gt.n, residing b at Bellingham. My commission , 10/24/91 p a - APPROVED AS TO FORM: Randal a s Chief Civil Deputy cuti�g�Attorne ATTEST: WHATCO — . M. T, County Executive SHIRLEY VAN ZANTEN CITY OF BELLINGHAM By Tim Douglas, Mayor lal Approyal 6 EN 'L. 1 t'�- 11:, '. A1 CITY j-F0PNE B Yfg-, 23eIRST AMENDED INTERLOCAL AGREEMENT - PAGE 8 1-- 19 C, WHA-1,"CQ'A COUNTY C C��f.jr 0- �3 oc) 70C) P4 1- 6 FIRST AMENDED 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 purpo ses of establishing an integrated and coordinated solid waste: management program for W.hatcom County; fulfilling the City's and County-s obligations under chapter 70.95 RCW, and other state and federal laws and regulations, governing solid waste management; and contributing to the health and safety of all Whatcom County residents. The parties make and enter into this First. Amended Interlocal Agreement ("Agreement") effective as amended the S� day of 1991 for the purposes and under the terms contained herein. This Agreement supersedes the Interlocal Agreement between the parties bearing .an effective date of July 25, 1989, and the Addendum of Clarification and Second Addendum of Clarification thereto. Definitions For the purposes of this Agreement and any related agreements, contracts, and documents executed, adopted, or approved pursuant to this Agreement, the parties shall use the definitions found in 1 Ed. June 27, 1991 Vol. 'Rascm. 1 S"E34 D C-1 1.3 239 party assumes liability 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 purpose 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. IN WITNESS HEREOF, this Agreement is executed this ,� -Yaay of 1991. Subssrik „.end sworn to me this day ofjuae, 1991. ai�Lund Notary ublic fetk 3y Wash' on residing�xt'•Be11€f�h2PYd .''a:° PUBM ¢APPk0V.ED5,XS .TO FORM: Randall J. tts, Chief Civil Deputy Pros uting Attorney ATTEST: �J\et\25552-89.001\2fa.21V 12 WHATCOM COUNTY 9/ y SHIRLEY VAN AANTEN tl County Executive CI 0 Ed. June 27, 1991 i 2. _ 240 COUNTY :r. C-O?'•;I RACT NO. - r , r L.LI . J Cr,, h— 0 F-• _wC4 w - FIRST AMENDED '.. INTERLOCAL AGREEMENT 'M ct� X4 This agreement is executed by and between Whatcom County ("County") and the City of Everson ("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 70.9.5 RCW, and other state and federal laws and regulations governing solid waste management; and contributing to the health and safety of all Whatcom County residents. The parties mace and enter into this First Amended Interlocal Agreement ('Agreement") effective as amended the _ day of 1991 for the purposes and under the terms contained herein. This Agreement supersedes the Interlocal. Agreement between the parties bearing an effective date of July 251 1989, and the Addendum of Clarification and Second Addendum of Clarification thereto. Definitions For the purposes of this Agreement and any related agreements, contracts., and documents executed, adopted, or approved pursuant to this Agreement, the parties shall use the definitions found in Ed. June 27, 1991 File No. 92C-11-3-1 241 party assumes liability 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 Acrreements: The parties agree that routine operating agreements may be required from time to time to accomplish the purpose 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. IN WITNESS HEREOF, this Agreement is executed this 13thdaY of August 1991. tla�t° did; sworn to me thisj of :ire, 1991. -' w '6A'"1ei� land ist, otary Pu in and o I 0i ashingto VKP.1T 10/24/92 4� C'A -F, UED AS TO FORM: andall �Chief,Civ 1 Deputy Pro uting Attorney ATTEST: :..LZ J:\et\25552-89.001\2fa.21v 12 WHATCOM COUNTY SHIRLEY-- AL L VAN Z NTEN County Executive CITY OFF By �u Mayor. Ed. June 27, 1991 242 Vo 1 ; = — -- W - ATCOM COUNTY 1-, CONTRACT No. r`I T"' =L� %-• ire r u •::c 1�•,_1 H _i 1i� S LL1 " . ''1 L.1_ C� 1S1 ' L. FIRST AMENDED " INTERLOCAL AGREEMENT at ,1 1 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 regulations governing solid waste management; and contributing to the health and safety of all Whatcom County residents. The parties make and enter into this First Amended Interlocal .Agreement ("Agreement") effective, as amended the day of -� 7— , 1991 for the purposes and under the terms contained herein. This Agreement supersedes the Inte,x'local Agreement between the parties bearing an effective date of July 25, 1989, and the Addendum of Clarification and Second Addendum of Clarification thereto. Definitions For the purposes of this Agreement and any related agreements, contracts,and documents executed, adopted, or approved .pursuant to this Agreement, the parties shall use the definitions found in 1 Ed. June 27, 1991 Filp- No: 243 party assumes liability 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. Implementing Agreements: The parties agree that routine operating agreements may be required from time, to time to accomplish the purpose 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. IN WITNESS HEREOF, this Agreement is executed this _IB?Iday of 1991. 40 S*Qw nd Wbmlo,,ne this ff_day.E <�� 199 WHATCOM COUNTY bRc: a the State o sl 'l SHIRLEY VAN ZAPTEN s a Bellin a 'U.1 ! � 10 q :?__ County Executive N 1. 1.11 APPROVED AS TO FORM: 2Randi=l�IJ. Cqef Civil Deputy Prosecu g Attorney ATTEST: CITY OF '01�4— By ayor J: \ et \ 2 5 5 5 2 - 8 9. 0 0 1 2 f a. 2 1 v K 12 Ed. June 27, 1991 F i I e No ' '9 I C-1 C-1 G. C-1 244 T !'ATCOAA COUNTY 71VED �bN'TR,-,,CT No. S P11 2.� 1991. Dog FIRST AMENDED INTERLOCAL AGREEMENT This agreement is executed by and between Whatcom County ("County") and the City of Lyw)a"i ("City") (hereinafter jointly referred to as "the patties") 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 regulations governing solid waste management7 and contributing to the health and safety of all Whatcom County residents. The parties make and enter into this First Amended Interlocal Agreement ("Agreement") effective as amended the 151-- day of d-&4L-1991 for the purposes and under the terms contained herein. This Agreement suDersedes the Interlocal Agreement between the parties bearing an effective date of July 25, 1989, and the Addendum of Clarification and Second Addendum of Clarification thereto. Definitions For the purposes of this Agreement and any related agreements, contracts, and documents executed, adopted, or approved pursuant to this Agreement, the parties shall use the definitions found in 1 Ed. June 27, 1991 245 party assumes liability 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 purpose 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. IN WITNESS HEREOF, this Agreement is executed this S , day of 0 , 1991. J�} t Subscribed and sworn to me this 1 ' of 1.��___ 199 t. jy�jATCOM COUNTY Notary Public in and fo the State f SHIRLEY VAN ANTEN Washington, residing at Belli ha� / County Executive My commission expires APPRO ED AS TO FORM: Randall J. Watts, Chfef Civil Deputy Prosecuting Attorney ATTEST: J:\et\25552-89.001\2fa.21v CITY OF.�%�� By ayor -- 12 Ed. ,tune 27, 1991 246 1�- COUNTY ji + .; Imo+ F ( C-'J "T _._I -rW eiil� ._.. 04 µ+ w 'I''W ` e FIRST AMENDED INTERLOCAL AGREEMENT r% This agreement is executed by and between Whatcom County ( "County") and the. City,: of NOOKSACK ( "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. regulations governing solid waste management; and contributing to the health and safety of all Whatcom County residents. The parties make and enter into this First Amended Interlocal Agreement ("Agreement") effective as amended the day of of ok_( , 1991 for the purposes and under the terms contained herein. This Agreement supersedes the Interlocal Agreement between the parties bearing an effective date of July 25; 1989, and the Addendum of Clarification and Second Addendum of Clarification thereto. _ Definitions itio.ns_ ..._... . For the purposes of this Agreement and any related agreements, contracts, and documents executed, adopted, or approved pursuant to this Agreement, the parties shall use the definitions found in 1 Ed. June 27, 1991 247 party assumes liability 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. 9e Implementing Agreements: The parties agree that routine operating agreements may be required from time to time ,to accomplish the purpose of this Agreement and the Plano 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. IN WITNESS HEREOF, this Agreement is executed this day of 1991. ( �- 199 WHATCOM COUNTY �tci swoin to me this ,� day of , X. =�.y� li�t9 GC�� lt-wr ??�' bhc in a the State SHIRLEY VAN ZANTE •,aP� sy{i4t�t`oq, `tee iding at Bellin a / County Executive My1(4nmissi�expires �,•..: ,.APPROVED AS TO FORM: Rafidall J. ts, Ch of Civil Deputy Prose64ting Attorney ATTE J:\e'\255 2-89.001\2fa.21v CITY OF NOOKSACK . . By Mayor 12 Ed. June 27, 1991 KM WHATCOM COUNTY SOLID WASTE ADVISORY COMMITTEE MINUTES April 23, 2015 Members Present: Barbara Brenner, Pete Edwards, Casey Heinle, Eric Johnston, Amber Jones, Marty Kuljis, Marjorie Leone, Troy Lautenbach, and Mark Peterson Members Absent: Greg Young and Ed Nikula Staff Present: Jeff Hegedus and Janice Deptuch Others Present: John Wolpers — Whatcom County Health Department, EH Manager; Justin Clary & Jacqueline Grinder — Maul Foster & Alongi; and Diane Mace a volunteer with City of Bellingham Call to Order The regular meeting of the Whatcom County Solid Waste Advisory Committee was called to order on Thursday, April 23rd, 2015 at 5:33 p.m. in Garden Level Meeting Room by Vice Chair, Mark Peterson. • Introductions Troy Lautenbach, the new committee member of SWAC. Troy took over a transfer station in San Juan Island County. He was also a member of SWAC in 2000 and a member of the State Resource Board. • Reading, Correction and Approval of Minutes The minutes of the, January 22nd, 2015 SWAC meeting were not approved as written. Barbara Brenner had some corrections and clarifications. Janice will amend and send back out to the group. • Communications None Agenda Items: 1. Review of Draft Comprehensive Solid and Hazardous Waste Management Plan The Solid and Hazardous Waste Management Plan has changed a bit from 2008, the plan follows the Department of Ecology template. The Hazardous Waste section is still outstanding. Eric asked where we were at with the process, and Jeff commented for the SWAC committee to review and make comment of the plan. Eric asked about the order of approval; it goes through SWAC, then SWEC, and then CIPA. Mark felt we were 80% to 90 % complete with the plan. Mark asked if there were any comments. Eric said no comments, but felt we needed a more complete document. Justin asked that comments be sent to him so he could update the document. Troy stated that the SWAC committee is mandated to be in compliance with the Solid Waste Comprehensive Plan. He felt we need a vaguer list of recyclables under section 4.1.3; he felt the current list of recyclables could be considered too restrictive. Mark advised that section 4.1.3, page 42, talks about how to make changes to the recyclables list. Troy shared his issues in Skagit County with the recyclable list. There was discussion on having an interim for adding to the recycling list. Troy felt that the item they wanted added to the recycling list would have to go to the Health Department first before going to SWAC. 249 Eric stated that Justin could look into the Whatcom County Code about how to add to the recycling list, and check on limitations. Justin felt it would be an amendment to the Whatcom County code. Justin will also clarify code referring to residential items. Mark said maybe we should ask the Solid Waste collectors what they feel needs to be added to the recycling list. Barbara said maybe we should put language in the Solid and Hazardous Waste Management Plan about an interim for adding to the recycling list. Jeff stated we will bring answers to the next meeting. Eric asked if there are recyclables that are not on the list that we want to have picked up at curbside. He also asked if there were any other comments, he thought it looked great and liked the goal and action statement. Mark asked if there is a list of facilities accepting batteries. Amber said there were some inconsistences in section 1.2.4, she said the County only collects every other week, not weekly. Amber will work with Justin to make comments on hauling. She asked that Justin send her a word document to be able to track changes. Troy wants it on record that he felt there were issues with flow control, collection and disposal leaving the County. Marjorie said maybe we should add "Including, but not limited to" to sections 3.1.2 and 4.1.2. Amber said section 8.3 -#2 doesn't talk about hauling of garbage out of County. She also thinks SHAM recycling needs further defining. Troy asked if #2A under section 8.3 Goals and Action if it should be limited to just construction sites? Mark said that SHAM is the only reference on special waste. Amber said some issues with the frequency of service on page 17 #2.2, the solid waste fee is not mentioned, and when the ordinance was in acted or the date. Jeff will make changes and incorporate. Jeff appreciated Amber's comments. Open Session None Announcements, Agenda Items Announcements none Agenda Items — Review changes and minutes review. Adjournment Meeting adjourned at 7:00 p.m. Troy Vt and 2°d by Eric CERTIFICATION I hereby certify this to be a true and correct copy of the minutes of the Whatcom County Solid Waste Advisory Committee meeting held April 23 2015 Attest: Janice Deptuch Clerk III Ed Nikula, Chair Whatcom County Health Department Whatcom County Solid Waste Advisory Committee 250 WHATCOM COUNTY SOLID WASTE EXECUTIVE COMMITTEE SEPTEMBER 2, 2015 MEETING MINUTES Committee Members Present Jack Louws, Whatcom County Executive Scott Korthuis, Mayor, City of Lynden John Perry, Mayor, City of Everson Committee Members Absent Kelli Linville, Mayor, City of Bellingham Gary Jensen, Mayor, City of Ferndale Harry Robinson, Mayor, City of Blaine Bob Bromley, Mayor, City of Sumas James Ackerman, Mayor, City of Nooksack Staff Present Jeff Hegedus, Environmental Health Supervisor, Solid Waste Division Janice Deptuch, Clerk III, Whatcom County Health Department John Wolpers, Environmental Health Manager, Whatcom County Health Department Patty Proctor, Accounting Supervisor, Whatcom County Health Department AGENDA Call to Order The meeting of the Solid Waste Executive Committee was called to order by County Executive Jack Louws on Wednesday, September 2, 2015 at 1:03 p.m. at Lynden City Hall. Introductions We went around the room and everyone introduced themselves. Solid Waste Division Transfer and Operations Jack Louws, County Executive was very pleased on how the Whatcom County Health Department took on the Solid Waste Division and how smoothly the transition went from the Public Works Division to the Whatcom County Health Department, Solid Waste Division. Jeff Hegedus gave an update on the Solid Waste Division transfer. Effective January 1, 2015 the Whatcom County Solid Waste Division was transferred from the Public Works Department to the Health Department. All business functions, records and institutional knowledge are essentially transferred and working smoothly. Grants, contracts, lease agreements and interlocal agreements have been reviewed, updated, and renewed. The draft comprehensive solid waste plan is completed, and the new county web site now includes information regarding SWEC agendas and minutes on the solid waste page. The Litter and Adopt -a -Road programs are functioning well, and the Birch Bay seasonal solid waste system, including the collection of 6 tons of waste fireworks debris from the July 4th celebration, was implemented, with help from the Blaine 251 Chamber of Commerce, 150 volunteers, and Adopt -a -Road program. Sanitary Service Company donated haul services to the effort, and was thanked for their work.. Significant capital improvements were implemented at the Disposal of Toxics facility. Excess grant funds from Ecology that were slated for deobligation were instead targeted for necessary and overdue facility upgrades and maintenance. The facility gravel driveway, parking lot and work area was paved; the building exterior was pressure washed and cleaned, and the interior was cleaned from over a decade of waste chemical processing. Three waste oil and antifreeze collection tanks, which were leaking into their secondary containment chambers, were replaced. New signs, storage units, carts and tables were purchased, and previously unmanaged problem waste was disposed of. The overall program continues to operate exceptionally well. Cando Recycling and Disposal in Pt. Roberts recently entered into receivership, but emerged intact. We have more of a presence and are in Point Roberts more, and will soon increase attention to service provision.. The Health Department did meet with legal counsel to discuss the issue. Jack Louws asked if they go out of business, can the County take over at our expense. Scott Korthuis asked can we get Sanitary Service Company (SSC)? Jack Louws stated we should have an interim plan as we move forward. Maybe have language in plan regarding financial crisis. Jeff Hegedus stated that an upcoming issue with County Construction Recycling (CCR) Landfill post -closure care funds will expire soon, and contingency planning is in progress. The county is not obligated according to the RCW, if they go through foreclosure, and we pick it up we are not responsible. Scott asked who is. John Wolpers said that it should have been closed early with the intent that CCR could build up funds, which there they looked at equipment and economy. Jeff Hegedus talked about the tire amnesty event, utilizing Ecology funding that was implemented, and resulted in 3,400 waste tires from backyard residential sources being properly collected and disposed at no cost to residents. Jack Louws asked if certain areas of the county were highlighted and Jeff said yes, Deming area. Jack asked if anyone had any questions. No one had any questions. Disposal of Toxics Program Fee Schedule for Non -Profit Organizations At the Disposal of Toxics Facility, small business and households can dispose of their waste. In 2007, SWEC moved to allow non-profit organizations to dispose of universal and moderate risk wastes at no charge; costs have increased significantly (estimated at $12,000 for 2015), are not grant eligible, and the allowance is unique. Additionally, current legal counsel is that the existing policy constitutes a potential gifting of public funds. SWAC has recommended that non-profit organizations now be subject to the Disposal of Toxics program fee schedule for small quantity generators, equivalent to other businesses. The County should start charging non -profits for disposal, households are still free. The Disposal of Toxics does not reimburse us. Jack Louws said that the household waste was not a make or break deal. 252 A motion was made for SWEC to reconsider the 2007 non-profit policy and move to adopt the SWAC recommendation to charge non-profit organizations, subject to the Disposal of Toxics program fee schedule, for universal and moderate risk waste disposal. It was made by Scott Korthuis and 2"d by John Perry. We will poll other members by email.. NOTE: Polling resulted in 6 yea's and 0 nays, with Bellingham and Ferndale abstaining. Draft 2015 Comarehensive Solid and Hazardous Waste Management Plan Jeff Hegedus stated that the law requires that the Comprehensive Solid and Hazardous Waste Management Plan be reviewed and updated every five years. The draft update of the existing 2008 plan, as required by RCW 70.95, describes the current solid and hazardous waste management system and makes recommendations for potential future implementation. The draft update proposes no structural changes to the existing solid waste system; primary recommendations include an increase of waste reduction and recycling community education and outreach activities, in order to continue to increase waste recycling and diversion rates. How can we support people? We can do waste audit and assessments, and going out to schools and commercial sites for education training. Jack Louws asked what it will take to move forward. Jeff said that the draft 2015 Comprehensive Solid and Hazardous Waste Management Plan is completed and SWAC has been substantially involved in the planning process, and has approved moving the plan forward to Ecology for preliminary review. The plan has been submitted to Ecology, and will soon enter into the SEPA public review and comment phase. Concurrent with the 120 day Ecology preliminary draft review period, the plan will 1) be reviewed by the Washington Utilities and Transportation Commission (WUTC), and 2) enter into a SEPA public comment period. SWAC will conduct a final review, and the plan will be submitted for SWEC review, comment and approval. Following this, the plan will be submitted to County Council and Ecology for final approval. Jack Louws asked if there were any other questions. No other questions. Mid -Cycle Budget Adjustment Patty Proctor, Accounting Supervisor for the Whatcom County Health Department presented the mid -cycle budget adjustment information. There will be a reduction of an annual $110,444 in revenue from the Ecology Coordinated Prevention Grant (CPG), which is about a 50% reduction. The county did get an increase in the litter grant. These are the recommendations: Maintain the existing Youth Waste Reduction and Recycling Education Program (ReSources) at the budgeted $35,000 per year. Increase the existing Master Compost and Recycler Program (WSU) by $10,000 per year from the current $25,000 to $35,000. 253 Budget an additional $35,000 per year to implement a Commercial Waste Reduction and Recycling Program. The objective of the program would be to provide commercial waste audits and business specific detailed waste assessments and action plans for waste reduction and recycling opportunities in the construction, food service and residential multi -family property management sectors. Jack asked how much longer on the ReSources Contract? Jeff Hegedus said we held onto the contract just not signed yet. Jack asked out of the $25,000 to $35,000 what the deliverables are? Jeff Hegedus said the extra $10,000 was for adding middle and high schools. Jack Louws asked about the $10,000 for the WSU program and Jeff sated it is the same work for the adult students in their programs, with a proportional increase in outcomes. Jack Louws asked that next time we document number of how many contacts, kids, etc..., to give a sense of how many people. Jeff will send information to members about the deliverables. A motion was made that the county stay consistent with the current adopted interlocal agreements between the cities and the county, staff requests that SWEC review and approve the mid -cycle budget adjustment as presented in the meeting materials. The motion was made Vt by John Perry and 2nd by Scott Korthuis. They will poll other members by email.. NOTE: Polling resulted in 6 yea's and 0 nays, with Bellingham and Ferndale abstaining. Open Session Jack Louws is trying to get more information on the County website, contracts, deliverables, etc... John Perry gave the Health Department praise on getting the OSS and Drinking Water documents online. Jeff mentioned that the Solid Waste Executive Committee and Solid Waste Advisory Committee minutes and agendas are now online. Jack Louws stated that he is looking forward to working with the Whatcom Health Department on solid waste issues. Jack Louws also mentioned that it might be easier to more of the mayors to attend if we had the meetings before or after the Small Cities Caucus, which meets the 3rd Tuesday of every month or the Whatcom Council of Government meeting that meets once a month at 3 p.m. on Wednesday, Adjournment The meeting was adjourned at 1:54 p.m. by Jack Louws. 254 Ie APPENDIX D SEPA CHECKLIST 255 WHATCOM COUNTY �GOM CO ].E. "Sam" Ryan Planning & Development Servicesr" `aa Director 5280 Northwest Drive, Bellingham, WA 98226-9097 360-676-6907, TTY 800-833-6384 360-738-2525 Fax SEP SEPA Environmental Checklist Purpose of Checklist: Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant. This information is also helpful to determine if available avoidance, minimization or compensatory mitigation measures will address the probable significant impacts or if an environmental impact statement will be prepared to further analyze the proposal. Instructions for Applicants: This environmental checklist asks you to describe some basic information about your proposal. Please answer each question accurately and carefully, to the best of your knowledge. You may need to consult with an agency specialist or private consultant for some questions. You may use "not applicable" or "does not apply" only when you can explain why it does not apply and not when the answer is unknown. You may also attach or incorporate by reference additional studies reports. Complete and accurate answers to these questions often avoid delays with the SEPA process as well as later in the decision -making process. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Use of Checklist for Non -Project Proposals: For non -project proposals (such as ordinances, regulations, plans and programs), complete the applicable parts of sections A and B plus the Supplemental Sheet for Non -project Actions Part Q. Please completely answer all questions that apply and note that the words "project", "applicant", and "property or site" should be read as "proposal", "proponent" and "affected geographic area", respectively. The lead agency may exclude (for non -projects) questions in Part B - Environmental Elements that do not contribute meaningfully to the analysis of the proposal. SEPA Environmental Checklist Page 1 of 19 Form PL4-83-OOSA Rev May 2014 256 ToBoCompleted By Applicant Evaluation For Agency Use Only 1 Name of proposed project, if applicable: VVhmtcnnnCounty 2U1SComprehensive Solid and Hazardous Waste Management Plan (SHVVMP)Update 2 Name of applicant: Jeff Hegedus, RS, Environmental Health Supervisor Applicant phone number: (360) 778-6044 Applicant address: WhatcomCounty Health Department City, State, Zip O[Postal Code: 509Cirard St,Bellingham, WA 98225 3 Contact name: Jeff Hegedus, RS, Environmental Health Supervisor Contact phone number: (360) 778-6044 Contact address: Whatcom County Health Department City, State, Zip or Postal Code: 5O9Girard St, Bellingham, VVAQ82Z5 4 Date checklist prepared: August 31, 2015 5 Agency requesting checklist: Whatcom County Planning & Development Services 0 PnUD0Sed UnliDg or schedule (including phasing, if applicable): Proposed implementation of the VVhatconn County 5HVVMP Update will begin upon adoption and proceed through plan revision in 2021., 7 DO you have any plans for future additions, expansion, or further activity related tU0rconnected with this proposal? YeSF/1 NO | | If yes, explain: --- --' Yes, the SHVVMPwi|| be reviewed every two years after its implementation and updated as necessary, as required by state |a* (VVAC 173-304-011). 8 List any environmental information you kOOVV about that has been prepared, or will be prepared, directly related to this proposal: VVhatconnCounty Comprehensive Solid and Hazardous Waste Management Plan 2UO8Update and VVhatcornCounty 1091 Hazardous Waste Management Plan, 9 D0 you know whether app||G]ti0O5 are pending for governmental approvals of othffroposals directlyaffecting the property covered byyour proposal? 'es NO �V| If yes, explain, SepAEnvironmental checklist Form P1-4-83-005A Page uof19 257 To Be Completed By Applicant Evaluation For Agency Use Only 10 List any government approvals or permits that will be needed for your proposal, if known. In order to participate in the SHWMP, each local jurisidiction will need to approve and adopt the SHWMP, These jurisidictions include the Washington State Department of Ecology; Whatcom County Council; Washington Utilities and Transportation Commission; and the cities of Bellingham, Blaine, Everson, Ferndale, Lynden, Nooksack, and Sumas. 11 Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page.. (Lead agencies may modify this form to include additional specific information on project description.) The Whatcom County SHWMP defines goals and action items for the management and disposal of municipal solid waste and hazardous waste produced by households and commercial generators, 12 Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The jurisdiction of the SHWMP will include all incorporated and unincorporated areas in Whatcom County, Washington, with the exception of the Lummi and Nooksack reservations, which are excluded from the planning area, and the far eastern portion of Whatcom County, which is serviced by the Skagit County waste hauler. Certain plan action items are intended for specific areas within the County. B Environmental Elements 1 Earth a. General description of the site: Flat Rolling Hilly Steep Slopes Mountainous ✓ Other SEPA Environmental Checklist Form PL4--83-005A Page 3 of 19 Rev May 201.4 -01 To Be Completed By Applicant Evaluation For Agency Use Only b. What is the steepest slope on the site (approximate percent slope)? Does not apply. There are no site -specific recommendations in the plan. Future solid waste facilities or programs will be required to evaluate slope as part of SEPA documentation. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any agricultural land of long-term commercial significance and whether the proposal results in removing any of these soils. Does not apply. There are no site -specific recommendations in the plan. Future solid waste facilities or programs will be required to evaluate soils as part of SEPA documentation. d. Are there surface indications or history of unstable soils in the immediate vicinity? Yes ❑ No If so, describe. Does not apply. There are no site -specific recommendations in the plan. Future solid waste facilities or programs will be required to evaluate soils as part of SEPA documentation. e. Describe the purpose, type, total area, approximate quantities and total affected area of any filling excavation or grading proposed. Does not: apply. There are no site --specific recommendations in the plan. Future solid waste facilities or programs will be evaluated as a separate SEPA review process. Indicate source of fill. Does not apply. There are no site -specific recommendations in the plan. f. Could erosion occur as a result of clearing, construction, or use? Yes ❑ No If so, generally describe. Does not apply. There are no site -specific recommendations in the plan. Future solid waste facilities or programs will be evaluated as a separate SEPA review process. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Does not apply. There are no site -specific recommendations in the plan, Future solid waste facilities or programs will be evaluated as a separate SEPA review process. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Does not apply. There are no site -specific recommendations in the plan. Future solid waste facilities or, programs will be evaluated as a separate SEPA review process. SEPA Environmental Checklist Page 4 of 19 Form PL4-83-005A Rev May 2014 259 ToBoCompleted By Applicant 2. Air Evaluation For Agency Use Only a. What types of emissions to the air would result from the p[OpO5a| during construction, operation and maintenance when the project is completed (i.e.,dust, automobile, odors, orindustrial wood srnohe)? Does not apply. There are no site -specific recommendations in the plan. If any, generally describe and give approximate quantities if known. No significant amounts of emissions to the air are anticipated as a result of any recommendations made by theSHVVMP. Actions in the plan are oriented towards reduction of solid waste disposal, thus a reduction in the transportation of solid waste and greenhouse gas emissions. b. Are there any sources of emissions nrodor that may affect your proposal? Yes | | No | | Ifso, generally describe. Does not apply. There are no site -specific recommendations in the p|an. Future solid waste facilities orprograms will be required hoevaluate soils as part of SERAdocunnentation. c. Proposed measures to reduce or control emissions or other impacts to air, if any: Does not apply. There are nmsite-specific recommendations in the plan. Future solid waste facilities or programs will be required to evaluate soils as part of SEPAdocunnenLation. a. Surface: /1\ Is there any surface water body oDVr|nthe immediate vicinity 0[the site (including year-round and SeaSOnD| St[88DlS, saltwater, lakes, �� ponds, wetlands)? Yes | | N0 | | If yes, describe type and provide names. If appropriate, State what stream Vrriver itflows into. Does not apply. There are no site -specific recommendations in the p|an. Future solid waste facilities nrprograms will be required to evaluate surface water as part ofSEPA review. /2\ Will the p[O�8C� [�qU|r� any vvOrh over in, Oradjacent t0 /vvith|D 200 �� [—1 feet) VV��8[S� Y8� No [--) ' | | | | If yes, please describe and attach available plans. Does not apply. There are no site -specific recommendations in the plan, SepA snvnmmcma| Checklist Form PL4-83-005A Page snf19 To Be Completed By Applicant Agency Use Only Evaluation For /]\ Estimate the annVUDt of fill and dredge material that VvoU|d be placed in or pernOVmd from surface water O[wetlands and indicate the area Ofthe site that would be affected. Indicate the source of fill material. Does not apply, There are no site -specific recommendations in the plan, (4) Will the pm)pOSa| re.a.uire surface water withdrawals or diversions? YeS| } 0o| | Does not apply. There are no site -specific recommendations in the plan. Give general d8sC[pbOO, purpose, and approximate quantities if nOOVVO. Does not apply, There are no site -specific recommendations in the plan, Does the proposal |i8 within 8 100-y2arfloOdp|ain? Yes | �� ( No| L| � If so, note lUCdti0D on the site plan. Does not apply, There are nosite-specific recommendations in the plan, (5) Does the proposal involve any discharges of waste rnatehe|S to surface waters? Yes | �� | No L�| If so, describe the type of waste and anticipated volume of discharge b. Ground Water: /1\ Will ground water be withdrawn from well for drinking water or other purposes? Yes 11 No W| If SU/ give a general description of the well, proposed uses and approximate quantities withdrawn from the well. Will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known. Neither groundwater withdrawal for use as drinking water urother purposes, nor discharge ufwater togroundwater iscontemplated aspart of the5HVVMP. Future solid waste facilities orprograms will be required to evaluate ground water as part ofSEPA documentation. aspx Environmental Checklist Form PL4-83005A Page nnr19 261 To8oCompleted By Applicant Agency Use Only Evaluation For (2) Describe waste nl8tehdl that will be discharged into the gnOUOd from septic tanks or other sources, if any (for example: DD[O8StiC sewage; industrial, containing the fVl|0VYiDg chemicals.....; Ogr\CU|tW[a|; etc.). Describe the general size of the system, the number Of houses to be served (if applicable), or the number of animals or humans the Systenn/s\are expected 1Oserve. Does not apply. There are nosite-specific recommendations in the plan, c. Water runoff (including stormwater): (1) Describe the source ofrunoff (including storm water) and method of collection and disposal, if any OOC|Ude quantities, if known). Does not apply. Future solid waste facilities orprograms will be required to evaluate water runoff aspart ofSEPAdocumentation. Where will this water flow? Will this water flow into other waters? Yes F1 NoF] Ifso, describe. Does not apply. There are no site -specific recommendations in the plan. (2) Could waste nO@t8h8{s enter ground or surface waters? Yes | | ND| | If so, generally describe. Does not apply. There are nosite-specific recommendations inthe p|an. Future solid waste facilities orprograms will be required toevaluate waste containment aspart ofSEPAdocumentation. (3) Does the proposal alter D[otherwise affect drainage patterns in the vicinity ofthe site: Yes1-1No If so, describe. Does not apply, There are no site -specific recommendations inthe plan, d. Proposed noeaSU[8s to reduce or CDOtr0| surface, ground, and [Un0ff water impacts, if any: Does not apply, There are no site -specific recommendations in the plan. sspAEnvironmental Checklist Page 7o[19 262 To Be Completed By Applicant 4 Plants Evaluation For Agency Use Only a. Check types of vegetation found on the site: ❑ Deciduous tree: alder, maple, aspen, other ❑ Evergreen tree: fir, cedar, pine, other ❑ Shrubs ❑ Grass ❑ Pasture ❑] Crop or grain ❑ Orchards, vineyards or other permanent crops [] Wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other ❑ Water plants: water lily, eelgrass, milfoil, other ❑ Other types of vegetation b. What kind and amount of vegetation will be removed or altered? Does not apply. There are no site -specific recommendations in the plan. c. List threatened or endangered species known to be on or near the site. Does not apply. There are no site -specific recommendations in the plan. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Does not apply. There are no site -specific recommendations in the plan. e. List all noxious weeds and invasive species known to be on or near the site. Does not apply. There are no site -specific recommendations in the plan. 5. Animals a. Check any birds and animals, which have been observed on or near the site or are known to be on or near the site: Birds: Hawk, Eagle, ❑ Other: SEPA Environmental Checklist Form PL4-83-005A ❑ Heron, ❑ Songbirds; Page 8 of 19 Rev May 2014 263 To Be Completed By Applicant Mammals: Deer, Bear, Elk, Beaver; Other: Fish: Bass, Salmon, Trout, Herring, Shellfish; Other: Evaluation For Agency Use Only b. List any threatened or endangered species known to be on or near the site. Does not apply, There are no site -specific recommendations in the plan. c. Is the site part of a migration route? Yes F1 No ❑ If so, explain. Does not apply. There are no site -specific; recommendations in the plan. d. Proposed measures to preserve or enhance wildlife, if any: Does not apply. There are no site -specific recommendations in the plan. e. List any invasive species known to be on or near site. Does not apply. There are no site -specific recommendations in the plan. 6. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Does not apply. There are no site -specific recommendations in the plan. b. Would your project affect the potential use of solar energy by adjacent properties? Yes F1 No If so, generally describe. Does not apply. There are no site -specific recommendations in the plan. SEPA Environmental Checklist Form PL4-63-005A Page 9 of 19 Rev May 2014 264 To Be Completed By Applicant Agency Use Only Evaluation For C. What kinds ofenergy conservation features are included in the plans of this pn]pOSd|? List other proposed rO8asUneS to r8dUC8 or control energy impacts, ifany: The SHVVMPemphasizes waste reduction and recycling, which results in the conservation ofenergy and natural resources. 7' Environmental Health a. Are there any environmental health hazards, including exposure totoxic chemicals, risk of fire and explosion, spill, or hazardous waste that could occur as a result of this proposal? Yes | | No V If so, describe. No environmental risks are anticipated as result o[new or additional programs proposed by the SHyVMP. Future solid waste facilities orprograms will be required as necessary toevaluate potential environmental health hazards as part ofGER4documentation, /1\ O8SCr|be any known or possible contamination at the Site from present or past uses. Does not apply. There are nosite-specific actions recommended as part of theSHVVMP. /2\ D8SChb8 existing hazardous cheOOiCa|S/C8OdhjOOs that might affect project development and design. This (OC|UdeS Underground hazardous liquid and gas tra0Snl|sS|OD pipelines located within the project area and in the vicinity. Does not apply. There are nosite-specific actions recommended as part of the5HVVMP. /]\ Describe any toxic O[hazardous chemicals that might b8stored, Used, or produced during the projects deV8|OpnleOt or construction, or at any time during the operating life Ofthe project. There are no facility construction projects proposed as part of the SHVVMP. Storage of hazardous materials at the third -party facilities are managed through individual health and safety plans. (4) Describe gpeCk]| emergency services that might be required. Additional emergency services are not required by any of the SHVVMP recommendations. (5) Proposed measure to reduce or control environmental health hazards, if any: There are no net increases in risk caused bythe SHVVMPrecommendations. Existing facility site-specificennengency procedures are addressed by the individual facilities as part of the sites' safety plans. 3EPAEnvironmental Cxerket Formpm-o3'no5x Page zoo[zn Rev May 2014 To8eCompleted By Applicant Evaluation For Agency Use Only (1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? There are no facilities proposed as part of the SHVVMP. Any future solid waste facilities orprograms will be required to evaluate noise as part of SEPAdocumenhyUon. (2) What types and levels of noise VVOU|d be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise vV0U(d COOOe from the site. Does not apply. There are no site -specific recommendations in the plan. (3) Proposed measures to reduce or control noise impacts, if any: Does not apply, There are no site -specific recommendations in the plan. 8 Land and Shoreline Use a. What isthe current use ofthe site and adjacent properties? Does not apply. Future solid waste facilities or programs will be required to evaluate land use aypart ofSEPAdocumentation. Will the proposal affect current land Uses on nearby or adjacent properties? YeS| �� | NO | | If so, describe. Does not apply. Future solid waste facilities or programs will be required to evaluate land use as part ofSEPA documentation. b. Has the project site been used as working farmlands or working forest If so, describe. Does not apply. There are no site -specific recommendations in the plan, M0VV DlUCh aghCUltUm8 or forest !8Od of long-term o]OnDn8rcia| significance will be converted to other USeS as 8 F8SU|t of the proposal, if any? Does not apply, There are no site -specific recommendations in the plan. If resource |OOd5 have not been designated, hVVv many acres in farmland or forest land tax status will be converted to non -farm or non -forest use? Does not apply. There are no site -specific recommendations in the plan. sspAEnvironmental checklist Formpm'83Ooso Rev May 2014 Page z1or1y 266 Tn8oCompleted By Applicant Agency Use Only Evaluation For (1) Will the pn0puSa| affect U[be affected by surrounding VY0d<|Dg farm or hJrSSt land nomn8| bU5iV8SS operations, such as oversize equipment access, the application of pesticides, tilling and harvesting? Yes| L� | No|Lj| If so, how: Does not apply, There are no site -specific recommendations in the plan. c. Describe any structures onthe site. Does not apply, There are no site -specific recommendations in the plan. d. Will any structures bedemolished? Yes F—� No [—� If so, what?^—� ^—� Does not apply. There are no site -specific recommendations in the plan, e. What is the current zoning classification of the site? Does not apply. There are no site -specific recommendations in the plan. t What iSthe current comprehensive plan designation ofthe site? Does not apply. There are no site -specific recommendations in the plan. g. If applicable, what is the CU[[8Dt shoreline master p[Ogr8rD designation of the site? Does not apply, There are no site -specific recommendations in the plan. h. Has any part of the Site been classified as a critical area by the Chv or [—� county? Yes NO [— ' [� | | If so, specify.`—�—| Does not apply. There are no site -specific recommendations in the plan. i. Approximately h0vv many people VVOU|d nBs|d8 or work in the CO[np|e[ed project? Does not apply. There are no site -specific recommendations in the plan. i Approximately hOvV many people vvnVld the completed project displace? Does riot apply. There are no site -specific recommendations in the plan. SspxEnvironmental checklist Form PL4-83-005A Page 12of19 267 TuBaCompleted Evaluation For By Applicant Agency Use Only k. Proposed nO8aSUn3g to avoid Or reduce diSp|aCGD1GDt impacts, if any: Does not apply. There are nosite-specific recommendations in the plan. |. Proposed measures toensure the proposal iscompatible with existing and projected land uses and plans, if any: Does not apply. There are nosite-specific recommendations inthe plan. rn.Pn3posed measures to ensure the proposal is compatible with nearby agricultural and forest lands of long-term commercial significance, if any? Does not apply. There are no site -specific recommendations in the plan. 9 Housing a. Approximately how [OOOy units vVVU|d be provided, if any? Indicate whether high, [n|dd|e/ or low-income housing. High Middle b. Approximately how many VOito/ if any, xvVU|d be eliminated? Indicate whether high, middle, Or |OYv-|ncOD18 housing. High Middle C. Proposed rD8aSUn8s to n2dUc8 or control housing impacts, if any: Does not apply, There are nosite-specific recommendations inthe plan. 10 Aesthetics a. What is the tallest height of any proposed StrUctUn8(S), not including antennas; what is the principal exterior building nnat8h8KS\ proposed? Does not apply. No structures are being proposed as pad of the SHVVMP. Future solid waste facilities or programs will be required to evaluate height as part of the SEPArev|ew. b. What views in the immediate vicinity would be altered or obstructed? Does not apply, No structures are being proposed as part of the SHWMP, 3spA Environmental Checklist Form PL4-83-005A Page 13ov/9 Ka To8eCompleted By Applicant Agency Use Only Evaluation For c. Proposed measures to reduce orcontrol aesthetic impacts, ifany: Does not apply. No structures are being proposed as part of the SHVVMP. Future solid waste facilities or programs will be required to evaluate aesthetics as part of the BEPAreview. 11 Light and Glare a. What type of light or glare will the pPUpDSa| produce? What time of day vVOU|d it mainly 0CCUr? Does not apply, No actions are being proposed that would create light orglare impacts. Future solid waste facilities or programs will be required to evaluate light and glare as perSEPA. b. Could light or g|On8 from the finished project be O safety hazard Or iOt8[f8n8 with views? Does not app|y. There are no site -specific actions recommended as part of the SHVVMP. c. What existing off -site sources Oflight 0rglare may affect your proposal? Does not apply. There are no site -specific actions recommended as port of the SHVVMP. d. Proposed measures to reduce or control light and glare impacts, if any: Does not apply. There are no site -specific actions recommended as part of the SHVVMP. 12 Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? Does not apply. There are no site -specific actions recommended as part of the SHVVMP. Future solid waste facilities orprograms will be required to evaluate recreation as per SEPA. b. VV0U|d the proposed project displace any existing recreational uses? If so, describe. Does not apply. There are no site -specific actions recommended as part of the GHVVMP. c. Proposed measures to reduce or control iDlpOCtS on recreation, including recreation opportunities to be provided by the project or applicant, if any: Does not apply. There are no site -specific actions recommended as part ofthe SHVV[4P. 13 Historic and Cultural Preservation a. Are there any buildings, structures, or sites, located on or near the Site that are over 45 years 0|d ||St8d in or eligible for listing in national, state �� or local preservation registers located on or near the site? Yes| | No | | lfso, Sped�Ca||ydescribe. ^—� ^--' Does not apply. There are no site -specific actions recommended as part ofthe BMVVMP. Future solid waste facilities orprograms will be required to evaluate historic and cultural preservation. sspxEnvironmental Checklist Form PL4-83-005A Page 14mz9 269 To8oCompleted By Applicant Evaluation For Agency Use Only b. Are there any landmarks, features, or other evidence of Indian, historic use 0[occupation, this may |0C|ud8 hUrnaO bUhd|S or old cemeteries? YesNo Are there any material evidence, artifacts, or areas of cultural importance 0OV[near the site? Y88 | | No | | Please list any professional studies conducted at the site to identify such resources. Does not apply. There are no site -specific actions recommended as part of the SHVVMP. c. Describe the methods used to assess the potential |nnpaCtS to cultural and historic resources on or near the project site. Examples: Include consultation with tribes and the Department of Archeology and Historic Preservation, OnCha8OlOg|cO| surveys, historic maps, GIS data, etc. Does not apply. There are no site -specific actions recommended as part of the SHVVMP, d. PnDpOS8d measures to avoid, Dl|OinOiz8, Or compensate for loss, Changes to, and disturbance to resources. Please include plans for the above and any permits that may be required. Does not apply. There are no site -specific actions recommended as part of the SHVVMP. 14 Transportation e. Identify public streets and highways serving the site or affected geographic area and describe proposed aCC8sS to the 8XiSt|Og Stn82t system. Show on site plan, if any. Does not apply. There are no site -specific actions recommended as part of the SHVVMP. Future solid waste facilities orprograms will be required toevaluate transportation as per SEPA. b. IS site or geogr� hic area currently Served by public transit? Yes�l NO LJ LJ If not, what is the approximate distance to the nearest transit stop? Does not app|y. There are no site -specific actions recommended as part of the 8HVVMP. C. H0YV DlOOy parking spaces would the completed project have? Mow many VVOU|d the project eliminate? Does not apply, There are no site -specific actions recommended as part of the SHVVMP. Scp^ Environmental Checklist Form 111-4-83-005A Page z5ofzp 270 To8eCompleted By Applicant Evaluation For Agency Use Only d. Will the proposal require any new or improvements to existing roads, Stn88tS, pedestrian bicycle or state transportation facilities, not including driveways? Yes | | No | | If so, generally describe (indicate whether public or private). Does not apply. There are no site -specific actions recommended as part of the SHVVMP. 8. Will the project use (or occur in the immediate Vi{jOdn of) water, Rail, or | | Air transportation? Ifso, generally describe. Does not opp|y. There are no site -specific actions reconnrnended as part ufthe SHVVMP. t Hmvv many vehicular trips per day would be generated by the completed project Or proposal? If known, indicate when peak volumes VVOU(d occur and what percentage of the volume would be trucks (such as COnOrnerciO( and non -passenger vehicles). What data or transportation models were used to make these estimates? Dues not apply. There are no site -specific actions recommended as part of the SHVVMP. g. Proposed measures to reduce or control transportation impacts, if any: Does not opp|y. There are no site -specific actions recommended as part of the SHVVMP. 15 Public Services 8. VVUU/d the project [85Ult in an increased need for public services (for example: fire protection, police protection, health Care, schools, other)? Yes [_] No [_j If so, generally describe. Dues not apply. There are no site -specific actions recommended as part of the SHVVMP. Future solid waste facilities or programs will be required to evaluate public services as part of the SEPA review process. b. Proposed measures to reduce or control direct impacts OD public services, if any. Does not apply. There are no site -specific actions recommended as part ofthe SHVVMP. SspxEnvironmental Checklist Form PI-4-83-005A Page zau[19 271 Tu8aCompleted By Applicant 16 Utilities a. Check utilities currently available at the site: Electricity, Water, Telephone, Septic system, Natural gas, Refuse service, Sanitary sewer, Other Evaluation For Agency Use Only b. 'Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities onthe site or in the immediate vicinity which might be needed. Does not apply. There are no site -specific actions reconnnnended as part of the SHVVMP. Signature The above aOSVVe[B are true and complete to the best of my knowledge. I understand that the lead srelying ODthem tomake its decision. Signature; 5spA Environmental Checklist Form PL4-83-005A Page 17of/9 272 To Be Completed Evaluation For By Applicant Agency Use Only rr _. r r w r (It is not necessary to use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1 How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? Implementation of the proposed SHWMP should result in an overall decrease in discharges to the environment as a result of management strategies developed to prevent or minimize problems associated with solid waste and hazardous waste. Proposed measures to avoid or reduce such increases are: Goals and actions established during the planning process will reduce impacts to water, air, and noise by properly managing wastes, and will minimize the potential release of toxic or hazardous substances into the environment. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? Implementation of the proposed SHWMP should result in an improved quality of habitat for plant and animal species in the county by reducing pollution. Proposed measures to protect or conserve plants, animals, fish, or marine life are: Does not apply. 3. How would the proposal be likely to deplete energy or natural resources? Implementation of the SHWMP's strategies for recycling and waste reduction will result in conservation of energy and natural resources. Proposed measures to protect or conserve energy and natural resources are: The proposal will conserve energy and natural resources. SEPA Environmental Checklist Form PL4-83-005A Page 18 of 19 Rev May 2014 273 To Be Completed By Applicant Evaluation For Agency Use Only 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? The SHWMP recommendations will enhance environmentally sensitive areas by improving water quality through the education of the public to properly manage and dispose of solid and hazardous waste. Proposed measures to protect such resources or to avoid or reduce impacts are: No impacts are anticipated. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? The SHWMP does not make any recommendations for land and shoreline use that are incompatible with existing plans or regulations. Proposed measures to avoid or reduce shoreline and land use impacts are: Does not apply. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? No impacts are anticipated. Proposed measures to reduce or respond to such demand(s) are: Does not apply. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. The SHWMP was prepared in response to state requirements for the proper management of solid and hazardous waste, and complies with all applicable local, state, and federal laws and requirements. SEPA Environmental Checklist Form PI.4-83 OO5A Page 19 of 19 Rev May 2014 274 APPENDIX E COST ASSESSMENT QUESTIONNAIRE 275 COST ASSESSMENT QUESTIONNAIRE Please provide the information requested below: PLAN PREPARED FOR THE COUNTY OF: Whatcom PLAN PREPARED FOR THE CITY OF: PREPARED BY: Erik Bakkom PE CONTACT TELEPHONE: 503-312-0094 DATE: July 15, 2015 DEFINITIONS Please provide these definitions as used in the Solid Waste Management Plan and the Cost Assessment Questionnaire. Throughout this document: YR.1 shall refer to 2015. YR.3 shall refer to 2017. YR.6 shall refer to 2020. Year refers to (circle one) calendar (Jan 01 - Dec 31) fiscal (Ju 01 -Jun 30) 276 1. DEMOGRAPHICS: To assess the generation, recycling and disposal rates of an area, it is necessary to have population data. This information is available from many sources (e.g., the State Data Book, County Business Patterns, or the State Office of Finance and Management) 1.1 Population 1.1.1 What is the total population of your County/City? YR.1 210,050 YR.3 216,228 YR.6 225,307 1.1.2 For counties, what is the population of the area under your jurisdiction? (Exclude cities choosing to develop their own solid waste management system.) YR.1 206,543 YR.3 212,678 YR.6 221,545 Note that the population under jurisdiction of the plan does not include East Whatcom County, which is covered under the Skagit County solid waste management plan. 1.2 References and Assumptions Population projections have been provided from the OFM 2012 County Growth Management Projections 2010-2040 report. 2. WASTE STREAM GENERATION: The following questions ask for total tons recycled and total tons disposed. Total tons disposed are those tons disposed of at a landfill, incinerator, transfer station or any other form of disposal you may be using. If other please identify. 2.1 Tonnage Recycled 2.1.1 Please provide the total tonnage recycled in the base year, and projections for years three and six. YR.1 1,140 YR.3 1,172 YR.6 1,220 2.2 Tonnage Disposed 2.2.1 Please provide the total tonnage disposed in the base year, and projections for years three and six. YR.1 1,328 YR.3 1,343 YR.6 1,366 2.3 References and Assumptions 277 Recycling is based on the medium projection [Total Waste Generation] — [Total MSW Disposed] and represents materials that are considered recycled and diverted by the Department of Ecology. 3. SYSTEM COMPONENT COSTS: This section asks questions specifically related to the types of programs currently in use and those recommended to be started. For each component (i.e., waste reduction, landfill, composting, etc.) please describe the anticipated costs of the program(s), the assumptions used in estimating the costs and the funding mechanisms to be used to pay for it. The heart of deriving a rate impact is to know what programs will be passed through to the collection rates, as opposed to being paid for through grants, bonds, taxes and the like. 3.1 Waste Reduction Programs 3.1.1 Please list the solid waste programs which have been implemented and those programs which are proposed. If these programs are defined in the SWM plan please provide the page number. (Attach additional sheets as necessary.) IMPLEMENTED • Waste Reduction & Recycling Education — School and Community (Contract with ReSources) • WSU Extension Compost Program (through Interlocal Agreement) PROPOSED • Increased Educational Programming (Through Professional Services Contract) Increased Support to WSU Extension Compost Program (increase funding) 3.1.2 What are the costs, capital costs and operating costs for waste reduction programs implemented and proposed? See attached budget summary and projected budget (Question 3.8). 3.1.3 Please describe the funding mechanism(s) that will pay the cost of the programs in 3.1.2. Whatcom County provides all external services through outside parties — through contract with private companies, through Interlocal Agreement with WSU, or through services provided by solid waste providers. The funding for all County led efforts (primarily contract or Interlocal Agreement) are derived from the excise tax that is assessed on solid waste collected within the county. 3.2 Recycling Programs 278 3.2.1 Please list the proposed or implemented recycling program(s) and, their costs, and proposed funding mechanism or provide the page number in the draft plan on which it is discussed. (Attach additional sheets as necessary.) All Whatcom County recycling programs are education and outreach based and are administered through the same contracts that are described in Section 3.1. See attached budget summary and projected budget (Question 3.8). 3.3 Solid Waste Collection Programs —SSC, NVD and Cando 3.3.1 Regulated Solid Waste Collection Programs Fill in the table below for each WUTC regulated solid waste collection entity in your jurisdiction. (Make additional copies of this section as necessary to record all such entities in your jurisdiction) • Customer annual growth rate at 1.2% is based on Whatcom County Comprehensive Plan (Berk, pending). • Waste annual growth rate is estimated at 0.98% per waste projections. • Residential and commercial accounts are reported together since materials are collected on shared routes. WUTC Regulated Hauler Name Sanitary Service Company, Inc. Gpermit #G000014 2015 2017 2020 Residential Customers 20,784 21,286 22,062 Commercial Customers 4,507 4,616 4,784 Total Tons Collected 68,054 69,395 71,455 279 WUTC Regulated Hauler Name Freedom 2000, LLC Gpermit #G063819 2015 2017 2020 Residential Customers 533 546 566 Commercial Customers 35 36 38 Total Tons Collected 598 610 628 WUTC Regulated Hauler Name Nooksack Valley Disposal, Inc. G-Permit #G000166 2015 2017 2020 Residential Customers 2,302 2,358 2,444 Commercial Customers 693 2,002 10,223 Total Tons Collected 4,515 4,604 4,740 3.3.2 Other (non -regulated) Solid Waste Collection Programs Fill in the table below for other solid waste collection entities in your jurisdiction. (Make additional copies of this section as necessary to record all such entities in your jurisdiction.) Hauler Name Sanitary Services Company, Inc — Contract to City of Bellingham 2015 2017 2020 Residential Customers 18,913 19,370 20,076 Total Tons Collected 10,806 11,019 11,346 Hauler Name Sanitary Services Company, Inc — Contract to City of Ferndale 2015 2017 2020 Residential Customers 3,177 3,253 3,372 Commercial Customers 346 354 367 Total Tons Collected 4,299 4,383 4,514 Hauler Name Nooksack Valley Disposal — Contract to City of Lynden 2015 2017 2020 Residential Customers 3,532 3,617 3,749 Commercial Customers 699 2,873 25,261 Total Tons Collected 6,019 6,138 6,320 Hauler Name Nooksack Valley Disposal — Contract to City of Everson 2015 2017 2020 Residential Customers 510 522 541 Commercial Customers 79 93 120 Total Tons Collected 698 712 733 Hauler Name Nooksack Valley Disposal — Contract to City of Nooksack 2015 2017 2020 Residential Customers 347 355 368 Commercial Customers 18 20 24 Total Tons Collected 483 492 507 Hauler Name Nooksack Valley Disposal — Contract to City of Sumas 2015 2017 2020 Residential Customers 302 309 320 Commercial Customers 76 114 212 Total Tons Collected 1,727 1,761 1,813 281 3.4 Energy Recovery & Incineration (ER&I) Programs (If you have more than one facility of this type, please copy this section to report them.) There are no ER&I facilities in Whatcom County 3.5 Land Disposal Program There are no operational landfills or other land disposal facilities in Whatcom County. Maintenance of close landfills is presented in Question 3.7. 3.6 Administration Program 3.6.1 What is the budgeted cost for administering the solid waste and recycling programs and what are the major funding sources. Budgeted Cost See attached budget summary and projected budget (Question 3.8). Funding Source Solid waste collections excise tax 3.6.2 Which cost components are included in these estimates? Labor and benefits, facility expenses, staff training, vehicle and insurance, solid waste management plan 3.6.3 Please describe the funding mechanism(s) that will recover the cost of each component. Solid waste collections excise tax 282 3.7 Other Programs For each program in effect or planned which does not readily fall into one of the previously described categories please answer the following questions. (Make additional copies of this section as necessary.) 3.7.1 Describe the program, or provide a page number reference to the plan. Landfill Post -Closure (Section 7.1.3) 3.7.2 Owner/Operator: Whatcom County 3.7.3 Is WUTC Regulation Involved? If so, please explain the extent of involvement in section 3.8. m 3.7.4 Please estimate the anticipated costs for this program, including capital and operating expenses. See attached budget summary and projected budget (Question 3.8). 3.7.5 Please describe the funding mechanism(s) that will recover the cost of this component. Solid waste collections excise tax 283 3.7 Other Programs For each program in effect or planned which does not readily fall into one of the previously described categories please answer the following questions. (Make additional copies of this section as necessary.) 3.7.1 Describe the program, or provide a page number reference to the plan. Disposal of Toxics (Section 11) 3.7.2 Owner/Operator: Whatcom County 3.7.3 Is WUTC Regulation Involved? If so, please explain the extent of involvement in section 3.8. No 3.7.4 Please estimate the anticipated costs for this program, including capital and operating expenses. See attached budget summary and projected budget (Question 3.8). 3.7.5 Please describe the funding mechanism(s) that will recover the cost of this component. Solid waste collections excise tax State coordinated prevention grant U-0V 3.7 Other Programs For each program in effect or planned which does not readily fall into one of the previously described categories please answer the following questions. (Make additional copies of this section as necessary.) 3.7.1 Describe the program, or provide a page number reference to the plan. Litter Control (Section 9.1.1) 3.7.2 Owner/Operator: Whatcom County 3.7.3 Is WUTC Regulation Involved? If so, please explain the extent of involvement in section 3.8. 3.7.4 Please estimate the anticipated costs for this program, including capital and operating expenses. See attached budget summary and projected budget (Question 3.8). 3.7.5 Please describe the funding mechanism(s) that will recover the cost of this component. 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An annual budget or similar document would be helpful. See attached budget summary and projection. 4.4 Surplus Funds Please provide information about any surplus or saved funds that may support your operations. Surplus funds within the County Solid Waste program are managed appropriately to their funding source. Grant funds that are not spent are returned to the grantor. County General Fund dollars are not used to fund solid waste operations. Excess solid waste excise taxes ($6/ton) that are unspent are transferred to a solid waste reserve account that has been established to fund future landfill post -closure costs or to support programs that are recommended within the solid waste management plan. 17 292 ATTACHMENT Whatcom County Solid Waste Program Budget Summary & Projection In 293 Solid Waste Program Summary 1. Maintain 25% of existing vehicle in budget: allocate 75% to enforcement and 25% to operations 2. Budget 0.5 FTE EHS Supervisor and 0.25 EHS it to operations 3. No need to increase travel and training budget 4. Existing fund balance to be held in reserve for potential landfill post -closure contingency, or as identified in 5 year plan update Total Budget = $1,049,804 Solid Waste Tax $740,000 Grants $299,604 Other $ 10,200 1. Solid Waste Operations - $435,000 • Solid Waste Coordinator • Update of Comprehensive Solid and Hazardous Waste Management Plan — mid-2014 through 2015 • Leases for operation of SW drop box facilities — o Sanitary Services: Cedarville, Birch Bay o Cando Recycling: Point Roberts • Periodic maintenance required • Office Space Rental/Overhead • Training • Office Supplies/Printing/Postage/Telephone • Insurance Premiums • Vehicle • Payment to Health Department 2. Landfill Post -Closure - $77,600 • Cedarville and Y Road Landfills o Leachate Collection System/NPDES Permit -Cedarville o Groundwater/Surface Water/Leachate/LFG monitoring/reporting • Currently contracted to Bennett Engineering — contract ends on 12/31/14 • Birch Bay/Point Roberts • Interdepartmental Agreement with Sheriff's Office for site maintenance 3. Disposal of Toxics Facility - $410,000 • Contracted to PSE Services through 2018 • Mostly paid for by Ecology CPG 4. Litter Control - $23,000 • Interdepartmental Agreement with Sheriff's Office for jail litter crew-- paid for by Ecology grant • Contract with Sanitary Services for seasonal trash cans in Birch Bay -- no grant funding 5. Waste Reduction/Recycling - $80,000 • Education -- Contract with RE Sources for school recycling education — contract ends on 12/31/14 • WSU Extension Compost Program — part of comprehensive interlocal agreement between WSU/County • Clean Green contribution to City of Bellingham — ends in 2014 294 Whatcom County Solid Waste Program Budget Summary & Projection 2015 Year 1 2017 Year 3 2020 Year 6 SW Operations $435,000 $435,000 $435,000 LF Post- Closure $78,000 $78,000 $78,000 DOT Facilit $410,000 $410,000 $410,000 Litter Control $23,000 $23,000 $23,000 Waste Red/Rec c $105,000 $105,000 $105,000 Total 1 $1,051,000 1 $1,051,000 1 $1,051,000 Due to pending budget cuts at the state level, budget projections for the Whatcom County solid waste programs are very uncertain. The current state issued CPG accounts for approximately 30% of the County budget. The state legislature is currently considering an across the board cut of state funds of between 25% and 50%, which translates to up to $160,000 over the 2015-2016 biennium or approximately $80,000 per year. These budget cuts are likely to carry into the 2017 calendar year. The loss of state funding will be managed through the elimination of low -priority actions or use of excess solid waste funds that have accumulated from the solid waste collection excise tax. The budget projections identified above are maintained at a fixed level for the years requested by UTC in this questionnaire. As a result of Whatcom County's privatized solid waste system, budgetary demands for County infrastructure are essentially fixed in the administration and operation of the DOT Facility, Litter Control, and maintenance of Closed Landfills. The second priority for County staff is to preserve the existing Waste Reduction and Recycling programs that are currently provided though WSU Extension (via Interlocal Agreement) or through ReSources (via public contract). New solid waste activities addressing the actions recommended within this SWMP are optional, to be funded after meeting basic infrastructure and existing program demands. If the County solid waste program is provided with an expanded basis (through restoration of state funds or increased revenues from solid waste collection (excise tax)), the County will first focus on fully funding the DOT Facility, followed by an expansion of the education and outreach contracts that would address the goals and actions identified in Table 10-1 of the SWMP. 20 295 SERVICE DATE RtiE 0.. 2015 j({ ' SEP 1 0 STATE OF WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION 1300 S. Evergreen Park Dr. S.W., P.D. Box 47250 « Olympia, Washington 98504- 7250 (360) 664-1160 a TTY (360) 586-8203 September 10, 2015 Jeff 1 .egedus Whatcom County Health Department 509 Girard Street Bellingham, Washington 9822`" RE: Whatcom County Comprehensive Solid Waste Management Plan Docket TG-151580 Dear Mr. Hegedus: The Washington Utilities and'Fransportation Commission (commission) has completed its review of the preliminary draft of the Whatcom County Comprehensive Solid Waste Management Flan Update (flan). Staff s analysis of the Cost Assessment portion of the Plan shows no impact to regulated ratepayers in Whatcom County. The flan states that disposal fees will not increase from the current $82.50 per ton. Staff has no further comment on the Plan. .]'lease direct questions or comments about the cornmission's plan review process to Penny Ingram at (360) 664-122 or pink ram�il?utc.w -..goer. Sincerely, Steven V. King Executive Director and Secretary cc: Diana Wadley Waste 2 Resources Program, Northwest Regional Office Department of Ecology .3190 16011' Avenue SE Bellevue, WA 98008--5452 Respect. Pro f^ssioiiali.sni. ffite rity. Accou_i-itaU.ility 296 f WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016 - 306 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Browne 10/4/2016 10/11/2016 Public Works Division Head: Dept. Head. 10 ' lb Prosecutor- Purchasing/Budget: Executive: TITLE OF DOCUMENT. - Res to form a stakeholder group to review septic system mitigation requirements ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Resolution requesting the County Executive instruct the Planning and Development Services Department to convene a stakeholder group to review the current and proposed mitigation requirements related to the replacement of residential septic systems. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Couny's website at: www.co.whatcom.wa.us/council. 297 PROPOSED BY: BPOWNE INTRODUCTION DATE: October 11, 2016 RESOLUTION NO. REQUESTING THE COUNTY EXECUTIVE INSTRUCT THE PLANNING AND DEVELOPMENT SERVICES DEPARTMENT TO CONVENE A STAKEHOLDER GROUP TO REVIEW THE CURRENT AND PROPOSED MITIGATION REQUIREMENTS RELATED TO THE REPLACEMENT OF RESIDENTIAL SEPTIC SYSTEMS WHEREAS, the Whatcom County Council is currently reviewing the updated Critical Areas Ordinance; and WHEREAS, septic systems sometimes fail and require replacement; and WHEREAS, failed septic systems can have deleterious effects on groundwater, surface water, public health and the environment in general; and WHEREAS, it is in the best interest of the Whatcom County residents and government that failing septic systems are replaced; and WHEREAS, because of the land disturbance associated with replacing an existing septic system, such action can trigger substantial mitigation requirements, significantly adding to the cost of replacement; and WHEREAS, mitigation costs can cause significant financial hardships for retirees and those on limited incomes and may encourage noncompliance towards septic system replacement. NOW, THEREFORE, BE IT RESOLVED that the County Council requests the County Executive instruct the Planning and Development Services Department to convene a stakeholder group to advise the department and the County Council on the concerns over and potential remedies to expensive mitigation requirements when replacing failing residential septic systems. This stakeholder group will include the Planning and Development Services Department and: • the Whatcom County Health Department; • two or more septic system installers; • two or more Whatcom County residents who have replaced a failing septic system within the last four years; and • others identified by the Planning and Development Services Department. BE IT FURTHER RESOLVED that the primary objective is to encourage early replacement of failing septic systems. The goal is to protect human health, our environment, water supply and downstream natural resources such as shellfish. BE IT FINALLY RESOLVED that County Council requests that the input of the stakeholder group is used to recommend ways to reduce the financial impacts of 298 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 replacing failing residential septic systems with the intention of including those recommendations in the Critical Areas Ordinance. APPROVED this day of ATTEST: 2016. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council Barry Buchanan, Council Chair APPROVED AS TO FORM: Civil Deputy Prosecutor 299 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016-289 CLEARANCES Initial Date Date Received in Council O ice Agenda Date Assigned to: Originator.- Wain Harrison / • �� '[ (l, ( �� 1 WHATCOM COUNTY 9/27/16 Introduction Division Head: Wain Harrison - 6 " �� 10/11/16 P&D/Council Dept. Head. J.E.� E. "Sant Prosecutor: Royce Buckingham yCOUNCIL Purchasing/Budget: Brad Bennett Executive: Jack Louws e TITLE OF Drr Ordinance to ad t the 2015 editions of the International Codes, and the 2015 Uniform Plumbing Code, consistent with State law and including WA State and Whatcom County Amendments to the Codes. ATTACHMENTS: Cover sheet, Ordinance and signature page SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes ( X) NO SEPA review completed? ( ) Yes ( } NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) An ordinance to update and revise WCC Chapter 15.04 and adopt the 2015 editions of the International Codes published by the International Code Council, the Uniform Plumbing Code, consistent with Washington State law, also including the Washington State and Whatcom County Amendments to the 2015 International Codes. In accordance with Washington State law, the adopted codes are to be effective July 1, 2016. This ordinance adopts the 2015 editions of the IBC, IRC, IFC, IMC, IFGC, UPC, referenced standards, all Washington State Amendments to the adopted codes and all Whatcom County Amendments to the adopted codes for administration, appendices and enforcement, as set forth in WCC Chapter 15.04. COMMITTEE ACTION. COUNCIL ACTION.• 9/27/2016: Introduced 7-0 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: wwwco.whatcom.wa.us/council, H:\AdptngOrdnc-Chapter 15\2015 [-Code Update\2015 I -Code agenda_bill.doc 011101 WHATCOM COUNTY J.E. "Sam" Ryan Planning & Development Services Director 5280 Northwest Drive Bellingham, WA 98226-9097 360-778-5900, TTY 800-833-6384 360-778-5901 Fax Date: August 29, 2016 To: Whatcom County Council 4 From: Wain Harrison, Manager Building Services/Deputy Fire Marshal W Through: J.E. "Sam" Ryan, Director/Fire Marshal Subject: Ordinance to revise and update Whatcom County Code, Title 15 This ordinance proposal revises Whatcom County Code (WCC) Chapter 15 to adopt, at a County level, the 2015 editions of the codes adopted by the Washington State Building Code Council (SBCC) pursuant to Chapters 19.27 and 70.92 RCW. The codes are revised and updated on a 3-year cycle. Once they are published the SBCC reviews them and submits amendment recommendations to the State Legislature to adopt. Local jurisdictions are allowed and encouraged to amend and modify the administrative chapters of the various code editions. They also have the option to adopt and amend appendix chapters of the code. This ordinance proposal for the revision of WCC Chapter 15 includes the amendments and modifications recommended by Planning & Development Services. The most significant changes throughout the draft chapter have been highlighted in color for Councilmember identification. Deletions are indicated by strikethrough and added, proposed language is indicated by underline. The following is a summary of the most significant changes: Section 15.04.020, Subsection A (2): We are simply changing the language in this code section from shall to may. Section 15.04.030, Subsection A: We are simply changing the language in this code section from shall to may. Section 15.04.030, Subsection E: Page 1 of 3 301 Footnotes #2 through #11 indicate local building design criteria. The method of listing the wind load design criteria has been updated, but actually represents no change to wind load design requirements. Section 15.04.040, Subsection E, 104.9 Alternate materials and methods: We are simply changing the language in this code section from shall to may. Section 15.04.030, Subsection M (3), B105.1 One and two-family dwellings: Language and information has been added to this section to better explain the thresholds where an automatic sprinkler system is required or may be mitigated for one and two-family dwellings. This actually represents no change to the existing requirements. Section 15.04.030, Subsection M (7): The minimum allowable fire flow reduction has been changed from 500 gallons per minute (gpm) to 1000 gpm for Group F - factory/manufacturing occupancies, and Group S - storage/warehouse occupancies. We realized that in most cases the 500 gpm minimum was significantly inadequate to address typical fire loads found in these occupancy types. Section 15.04.030, Subsection M (7), Exceptions: Exception #3 was added to remove Group A - assembly occupancies from the exception to fire flow for 2500 square feet (sf) of area or less. As an example, at 2500 sf, a dance hall type of assembly occupancy where alcohol is served can have an occupant load of over 300 occupants. Even a smaller building can have a significant occupant load and fire flow water should be provided for such intense types of uses. Section 15.04.040, Subsection O (a) (5): Where an emergency apparatus turnaround is required for residential and residential accessory applications, the length of the leg of the turnaround can be reduced from 60 feet to 45 feet. Section 15.04.040, Subsection O (b), Section D103.5: Language has been added to clarify requirements for gates installed across emergency apparatus access roads and driveways. In particular, several disputes have arisen where the easement description may be poorly constructed and/or a single property owner has attempted to install a gate across and access road used by multiple property owner users without their consent or agreement. These issues can be very complicated to resolve and in some cases have resulted in protracted litigation. Page 2 of 3 302 Section 15.04.040, Subsection O (c) (3): Currently, a property owner may be exempted from upgrading a substandard access road when they propose a residential or residential accessory development project of a "minor" scope. Since no criteria for "minor" was provided the determination of scope has been subjective and at the discretion of Fire Marshal staff. Thresholds based on square foot area have been added to give applicants a more transparent and predictable threshold and expectation. Page 3 of 3 303 INTRODUCTION DATE: ORDINANCE NO. An Ordinance adopting the Current State Building Code and Repealing the Existing Title 15 of the Whatcom County Code Whereas, the Whatcom County Council held a public hearing on , 2016 to review staff findings and recommendations, and to consider any public testimony and written correspondence regarding Whatcom County Code Title 15, Buildings and Construction; and Whereas, chapter 19.27 RCW requires Whatcom County to administer and enforce the State Building Code in the unincorporated areas within its boundaries; and Whereas, the purpose of these codes is to promote the health, safety and welfare of the occupants or users of buildings and structures and the general public by the provision of building codes in Whatcom County; and Whereas, RCW 19.27.040 allows local jurisdictions to adopt appropriate amendments to the State Building Code; and Whereas, modifications and/or amendments to the State Building Code as it applies to Whatcom County are desirable for various reasons; and Whereas, the State Building Code Council requires adoption of the 2015 edition of these International Codes; the 2015 edition of the Uniform Plumbing Code; the 2015 edition of the State of Washington Energy Codes; and the 2015 editions of the State of Washington Amendments and other referenced codes, with further Whatcom County amendments, by July 1, 2015; NOW, THEREFORE, BE IT HEREBY ORDAINED that: Section 1. Title 15 of the Whatcom County Code is repealed in its entirety: Section 2. A new Title 15 is hereby adopted as shown in Exhibit A to this Ordinance. Page 1 of 2 304 Section 3. Adjudication of invalidity of any of the sections, clauses, or provisions of this Ordinance shall not affect or impair the validity of the Ordinance as a whole or any part thereof other than the part so declared to be invalid. Adopted this day of WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON ATTEST: Dana Brown -Davis, Council Clerk APPROVED as to form: Civil ecutor 2016. Barry Buchanan, Chairperson ( ) Approved ( ) Denied Jack Louws, Executive Date: Page 2 of 2 305 EXHIBIT A Chapter 15.04 BUILDING CODES Sections: 15.04.010 Adoption of referenced codes. 15.04.015 Department of Building Safety. 15.04.020 Amendments to the International Building Code. 15.04.030 Amendments to the International Residential Code. 15.04.040 Amendments to the International Fire Code. 15.04.050 Permit expirations and violations of the above referenced codes. 15.04.010 Adoption of referenced codes. Whatcom County hereby adopts the following codes, as amended by the Washington State Building Code Council pursuant to RCW 19.27 and 70.92 or successor, for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties. A. The 2012 2015 International Building Code (IBC), including the 2012 2015 International Existing Building Code IEBC ; Appendix B, except as amended per Ordinance #2007-024, Board of Appeals; and including Appendices C, E and J, as published by the International Code Council, hereinafter referred to as the IBC, as modified by Chapter 51-50 WAC or successor, and as amended in Whatcom County Code (WCC) Sections 15.04.015, 15.04.020 and 15.04.050 is hereby adopted by reference. B. The 2012 2015 International Residential Code (IRC), including Appendix E, G, and K, as published by the International Code Council, hereinafter referred to as the IRC, and as modified by Chapter 51-51 WAC or successor and as amended in WCC 15.04.030 and in 15.04.050, is hereby adopted by reference with the following additions, deletions and exceptions: Provided that Chapters 11 and 25-42 of this code are not adopted. C. The 2012 2015 International Fire Code (IF�C , including ppend;ses Appendix A, except as amended per Ordinance #2007-024, Board of Appeals; Appendices B, C, and D and the latest most current supplements, as published by the International Code Council, hereinafter referred to as the IFC, as modified by Chapter 51-54A WAC or successor, and as amended in WCC 15.04.040 and 15.04.050. D. The 2012 2015 International Mechanical Code !MC , including Appendix A, as published by the International Code Council, hereinafter referred to as the IMC, as modified by Chapter 51-52 WAC and as amended by WCC 15.04.050 or successor. Page 1 of 44 306 E. The 2042 2015 International Fuel Gas Code IFGC , as published by the International Code Council, hereinafter referred to as the IFGC, as modified by Chapter 51-52 WAC and as amended by WCC 15.04.050 or successor. F. The standards for liquefied petroleum gas installations shall be the 2012 2015 edition of NFPA 58 (Liquefied Petroleum Gas Code) and the 2042 2015 edition of ANSI Z223.1/NFPA 54 (National Fuel Gas Code), adopted by reference in WAC 51-52 and as amended by WCC 15.04.050 or successor. G. Except as provided in RCW 19.27.170, the 2012 2015 Uniform Plumbing Code (UPC), the 2012 Uniform Plumbing Code Standards (IAPMO/ANSI UPC 1-2012) and/or all current referenced standards, and including Appendix A, B, C and I, as published by the International Association of Plumbing and Mechanical Officials, hereinafter referred to as the UPC, as modified by WAC 51-56 and as amended by WCC 15.04.050 or successor. H. The rules adopted by the Washington State Building Code Council establishing standards for making buildings and facilities accessible and usable by the physically disabled or elderly persons as provided in Chapter 51-50 WAC, IBC Chapters 10 and 11, IBC Appendix E and ICC/ANSI A117.1 2009 or successor. I. The 2012 2015 Washington State Energy Code, per WAC Chapter 51-11 C, Commercial Provision, 51-11R, Residential Provisions, and Appendix Chapters or successor, hereinafter referred to as the WSEC, promulgated by the State Building Code Council. J. The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, or successor. (Ord. 2004-064 § 2) K. Design data for Whatcom County shall be per Section 15.04.030, Subsection 9E, item #1. 15.04.015 Department of Building Safety Section 103 is amended as follows: 103.1 Creation of enforcement agency. The Department of Building Safety is hereby created and the official in charge thereof shall be known as the Building Official. The Department of Building Safety is hereby referred to as the Building Services Division of the Whatcom County Planning and Development Services Department (WCPDS). 103.2 Appointment. The Department Director is the Building Official. The Director may appoint an alternate designee at his/her discretion. 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the Building Official shall have the authority to appoint a deputy building official, the related technical Page 2 of 44 307 officers, inspectors, plans examiners and other employees. Such employees shall have powers as delegated by the Building Official. 15.04.020 Amendments to the International Building Code. A. The IBC is amended as follows: 1. Section 104.1 General, is amended with the following additional language: The Building Official defers to WCC Title 17, Flood Damage Prevention, and per associated requirements of the Endangered Species Act (ESA), to be administered by Public Works, River and Flood Division, for all matters related to flood review of building permits. 2. Section 104.11 Alternate materials, design and methods of construction the last sentence is amended as follows: Where the alternative material, design or method of construction is not approved, the Building Official at his/her discretion may respond in writing, stating the reasons why the alternative was not approved. 3. Section 105.1 Required, is amended to include the following: a. Commercial project proposals require pre-screening for a waiver (from pre - application meeting) or a pre -application meeting prior to permit application submittal. Pre-screening may be waived at the discretion of the Building Official for minor projects such as simple signs, single unit small equipment foundations, and projects of similar minor scale and impact. Information and document submittals for the purposes of waiver or pre -application are not intended to meet the standard for a complete permit application and do not constitute project vesting. However, information, requirements and conditions received by the applicant(s) and/or their agents or consultants for a given project proposal, as part of the waiver or pre -application process, will be considered vested, regardless of change of adopted codes or regulations, if a complete permit application is received within 30 consecutive days from the date of waiver or pre -application meeting. Such information, requirements and conditions are not intended or represented as a complete or comprehensive list of project requirements. Significant changes in the scope of a project proposal may require additional screening for another waiver or pre - application meeting. b. Whatcom County (the County) may require that a covenant or agreement be recorded against the deed(s) applicable to the location and/or operation of a given project to inform future property owners of the current restrictions or approved land uses. The County may draft the covenant or agreement upon whatever terms the County in its discretion deems proper. Page 3 of 44 c. A coordinated master site plan (MSP), demonstrating consistency in the layout of the project proposal with all applicable regulatory requirements, is required to be submitted by the applicant and/or project design professional in substantial charge prior to permit issuance. In general, a coordinated MSP will be required for projects exceeding a construction value of $200,000.00, but may be required for any project the Building Official deems necessary. County staff will review the site plan(s) in the application file for regulatory conflicts and discrepancies prior to plan check. County staff will notify the applicant and/or design professional of identified conflicts or discrepancies to be reconciled. The master site plan may be one page which incorporates all applicable regulatory review overlays when practical. It may also include multiple overlay pages for readability purposes provided they have been verified by County staff for regulatory consistency. Once the coordinated MSP has been reviewed and approved, application review processing will continue. d. A state licensed contractor may obtain a permit, as required by the mechanical and plumbing codes, through mail -in applications for work not exceeding $10,000 valuation and not requiring plans and specifications and not in conflict with state or local zoning and environmental policies and with the prior approval of the building official. e. The applicant shall fill out in full the forms furnished for that purpose, and attach thereto the full amount of moneys that are required for fees as required in the respective codes. The application shall contain all information necessary to the lawful enforcement of the provisions of the respective codes. The applicant shall file all forms with fees. f. No person, firm, partnership, corporation or other entity shall perform work as provided herein until such time as they receive verification of approval of their application by the county building official and have been given written notice of a valid permit. g. Any violation of this chapter shall be cause for the building official to revoke the mail -in applications privilege of the violator. Upon written notice of revocation, all provisions of the mechanical and plumbing codes superseded by this chapter shall resume in full force and effect as to the person or industrial plant whose application has been revoked. 4. Section 105.2, Work exempt from permit, is amended to read as follows: a. One-story detached, non -occupied accessory structures without basements, used as tool and storage sheds, playhouses and similar uses, provided that 1.) The floor area does not exceed 120 square feet. [11 sq. m] 2.) Accessory structures maintain a minimum separation of 10 [ten] feet [3048 mm] between exterior walls, and a minimum separation of 8 [eight] feet [2438 mm] between eaves of adjacent buildings on the same property and 3.) provided that accessory structures meet all applicable setback requirements. Page 4 of 44 309 b. Fences not over 7 feet (2134 mm) high. c. Oil derricks. d. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting surcharge or impounding Class I, II, or IIIA liquids. e. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18,925 L). And the ratio of height to diameter or width does not exceed 2 to 1. f. Sidewalks, walking surfaces, and d mm) above grade and not over any b; of an accessible route. g. Painting, papering, tiling, finish work. h. Temporary motion picture, televisior i. Prefabricated swimming pools install a Group R-3. j. Shade cloth or soft cover structures purposes and not including service sys ►t more than 30 inches (762 story below and are not part cabinets, counter tops and similar and theater staqe sets and scenery. �d entirely above -ground, accessory to nstructed for nursery or agricultural k. Swinas and other plavaround eauipment. I. Window awnings in Group R-3 and U occupancies, supported by an exterior wall which do not project more than 54 inches (1372 mm) from the exterior wall and do not reauire additional suaoort.. Nonfixed and movable fixtures, cases, racks, counters and partitions not r 5 feet 9 inches (1753 mm) in height. n. Bridges, box culverts and similar passageway structures built over depresions or obstacles, herein after referred to as bridges, are structures and therefore not exempt per IBC Section 105.2, except as interpreted and quantified in Building Services Division Code Interpretation #2002- 05. Bridges shall be designed and constructed per the current adopted Whatcom County Development Standards (WCDS), Chapter 5, Road Standards, Section 513, Bridges and Associated Retaining Walls; and per applicable portions of IFC Section 503. Bridges constructed as a requirement or condition of subdivision or short subdivision approval, per Whatcom County Land Division Regulations, Title 21, and which receive final approval from the Public Works Technical Administrator, shall be deemed by the Building Official to have met the permit requirements per IBC Section 105. The Technical Administrator is designated as the County Engineer, per WCDS, Chapter 5, Road Standards, Section 502. Page 5 of 44 310 5. Section 105.3, Application for Permit, is amended to include the following: To obtain the permit, the applicant shall first file an application therefore in writing on a form furnished by the department of building safety for that purpose. Such application shall: 1. Identify and describe the work to be covered by the permit for which application is made. 2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. 3. Indicate the use and occupancy for which the proposed work is intended. 4. Be accompanied by construction documents and other information as required in Section 107. 5. State the valuation of the proposed work. 6. Be signed by the applicant, or the applicant's authorized agent. 7. Include signature by the applicant or the applicant's authorized agent of a statement for guarantee of fee payment. The statement must be signed in the presence of County staff or staff will provide a statement which includes verification of signature by a licensed notary public. 8. Provide verification of approval to connect to a public sewer system or a septic system installation permit issued by the Whatcom County Environmental Health Department for any permit application that requires sewage disposal. The approval to connect or issued septic system permit shall be specific to the project application. 9. Provide additional data and information in the designated sequence, as required by the Building Official. 6. Section 105.5, Expiration, is amended to include the following: Land Disturbance permits issued for grading activity shall expire if work authorized is not commenced within 180 days of issuance unless a phased plan has been approved by the Technical Administrator. The Technical Administrator is authorized to grant one extension of 180 days if the request is submitted prior to expiration of the permit. The extension shall be requested in writing and justifiable cause(s) demonstrated. If the project is located within a water resource special management area and subject to seasonal clearing activity limitations the extension shall begin at the commencement of the construction season, pursuant to WCC 20.80.735. Page 6 of 44 311 Grading permits also expire and become invalid when the total approved volume has been placed into or excavated from the approved area. 7. Section 107.2 Construction documents is amended to include the following: Construction documents may be submitted in Standard English or Metric measurement. However, the Building Official may require, at his/her discretion, that any Metric construction documents be converted by the applicant to Standard English measurement which then may be submitted independently or in tandem with Metric documents. 8. Section 109.6, Refunds, is amended to include the following policy: The refund policy applies to the current editions and amends the respective Sections of the IBC, Section 109; IRC, Section R108.5; IFC, Section 113.5; IMC, Section 106.5.3; IFGC, Section 106.6.3; and UPC, Section 103.4.5, as adopted per WCC 15.04.010. The Building Official may authorize refunding any fee hereunder which was erroneously paid or collected at 100%. The Building Official may authorize refunding of not more than 80% of the fee paid for a building permit when no work has been done under a building permit issued in accordance with the current editions listed in this policy. The Building Official may authorize refunding of not more than 80% of the plan review fee paid when an application for a building permit for which a plan review fee has been paid is withdrawn or cancelled before any plan reviewing is done. The Building Official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment. 9. Section 113, Board of Appeals, is amended as follows: Appeals related to grading activity, per Appendix J and as amended per Section 15.04.020, Subsection B, which include, are associated with in any way, or promulgated within any regulated critical areas, per WCC Chapter 16, are according to the provisions of WCC Sections 16.16.280 and 16.16.285 and shall be the decision of the Whatcom County Hearings Examiner. B. Appendix J Grading, is amended as follows: 1. IBC Section 104.1 General, is amended per WCC 15.04.020, Subsection B, including an additional paragraph to read as follows: Page 7 of 44 312 The Director of the Planning and Development Services Department or the Director's designee also referred to herein as the Technical Administrator, is hereby authorized and directed to enforce the provisions of IBC Appendix J, Grading, including as amended in WCC Chapter 15, Section 15.04.020. The Technical Administrator shall have the authority to render interpretations of the amended Appendix and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of amended Appendix J. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in amended Appendix J. 2. The following definitions are added to Section J102.1 Definitions: a. EARTH MATERIAL: Any rock, natural soil or any combination thereof. b. CRITICAL AREAS: The following areas as regulated under WCC 16.16 shall be regarded as critical areas along with associated buffers identified under WCC 16.16: i. Geologically hazardous areas. ii. Frequently flooded areas. iii. Critical aquifer recharge areas. iv. Wetlands. v. Fish and wildlife habitat conservation areas. c. ORDINARY HIGH WATER MARK: The mark on all lakes, rivers, streams and tidal water that will be found by examining the beds and banks and ascertaining where the presence and action of waters are so common and usual and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland in respect to vegetation. 3. The following shall be added to Section J103.1: Upon receipt of a fill and grade permit application on properties within 500 feet of a site known to contain archaeological resources that are outside of the Shoreline Management Program Jurisdiction (WCC Title 23) and/or the Point Roberts Special District (WCC 20.72), the County shall notify the applicant that the projects location is within an archaeologically sensitive area and Federal, State and Tribal Laws and Regulations pertaining to cultural resources may apply. Grading permit expiration is per IBC Section 105.5 as amended. 4. The numbered exemption list of Section J103.2 Exemptions, is amended as follows: Page 8 of 44 313 1. Grading in an isolated, self-contained area, provided there is no danger to the public, and that such grading will not adversely affect adjoining properties or critical areas and further provided that the activity occurs outside of the jurisdiction of the Whatcom County Shoreline Management Program (WCC Title 23) and fill does not exceed 250 cubic yards and is associated with a residence authorized by a valid building permit. 2. Excavation for construction of a structure permitted under this code provided that said construction has been duly reviewed for compliance with the Whatcom County Shoreline Management Program (WCC Title 23) and the Whatcom County Critical Areas Ordinance (WCC 16.16). 3. Cemetery graves 4. Refuse disposal sites controlled by and appropriately permitted in accordance with other regulations. 5. Excavations for wells or trenches for utilities provided the activity occurs outside of the jurisdiction of the Whatcom County Shoreline Management Program (WCC Title 23) and there are no adverse impacts to critical areas. 6. Mining, quarrying, excavating, processing or stockpiling rock, sand, gravel, aggregate or clay controlled by other regulations, provided the activity occurs outside of the jurisdiction of the Whatcom County Shoreline Management Program (WCC Title 23) and such operations do not affect the lateral support of, or significantly increase stresses in soil on adjoining properties, or adversely impact critical areas. 7. Exploratory excavations performed under the direction of a registered design professional provided that said excavations have been duly reviewed for compliance with the Whatcom County Shoreline Management Program (WCC Title 23) or critical areas ordinance. 8. A fill less than 1 foot in depth and placed on natural terrain with a slope flatter than I unit vertical in 5 units horizontal (20% slope) or less than 3 feet in depth, not intended to support structures, that does not exceed 50 cubic yards on any one lot and does not obstruct a drainage course or otherwise impact critical areas provided the activity occurs outside of the jurisdiction of the Whatcom County Shoreline Management Program. 9. Exemptions listed per WCC 20.80.733. 5. The following site plaR requirements are added to J104.2 Site plan requirements: Page 9 of 44 314 a. In addition to the provisions of Section 107, a grading plan shall show the existing grade and finished grade in contour intervals of sufficient clarity to indicate the nature and extent of the work and show in detail that it complies with the requirements of this code. b. The plans shall show the existing grade on adjoining properties in sufficient detail to identify how grade changes will conform to the requirements of this code. c. The plans shall show erosion control types and locations, natural features (slopes, streams, wetlands, ponds, etc.), forested or treed areas, ditches, culverts, wet areas, flow directions, critical area boundaries, the Ordinary High Water Mark (OHWM) of any water body regulated by the Whatcom County Shoreline Management Program and any other information deemed necessary by the Building Official. 6. J104.3 Geotechnical report, is amended as follows: When required by the Technical Administrator, a geotechnical;report prepared by a registered design professional shall be provided. The report shall contain at least the following: 1. The nature and distribution of existing soils; 2. Conclusions and recommendations for grading procedures; 3. Soils design criteria for any structures or embankments required to accomplish the proposed grading; 4. Where necessary, slope stability studies, and recommendations and conclusions regarding site geology; and 5. Unless approved by the Technical Administrator, a building permit shall not be issued on approved fills without an engineered soils report and proof of supervised, monitored placement by the registered design professional. 6. Additional information may be required at the discretion of the Technical Administrator. 7. The Technical Administrator may require a geotechnical report be prepared by a registered design professional to determine the quantity of unpermitted fill brought to a site without a valid permit, as required by this chapter. Page 10 of 44 315 Exception: A geotechnical report is not required where the Technical Administrator determines that the nature of the work applied for is such that a report is not necessary. 7. Add the following as Section J104.5 Surface mining report: Grading permit plans associated with surface mining shall be consistent with a surface mining reclamation plan as required and approved by the Washington Department of Natural Resources. (Ord. 2004-064 § 2). 15.04.030 Amendments to the International Residential Code. A. Section R104.11 the last sentence is amended as follows: Where the alternative material, design or method of construction is not approved, the Building Official at his/her discretion may respond in writing, stating the reasons why the alternative was not approved. AB. Section R105.1 Required, is amended as follows: Whatcom County (the County) may require that a covenant or agreement be recorded against the deed(s) applicable to the location and/or operation of a given project to inform future property owners of the current restrictions or approved land uses. The County may draft the covenant or agreement upon whatever terms the County in its discretion deems proper. BC. Section R105.2 Work exempt from permit, is amended to read as follows: 1. One-story detached, non -occupied, accessory structures without basements, used as tool and storage sheds, playhouses and similar uses, provided that 1.) the floor area does not exceed 200 sq. ft. [18.58 sq. m] and 2.) provided that accessory structures meet all applicable setback requirements. 2. Fences not over 7 feet (2134 mm) high. 3. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge. 4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18,927 L). And the ratio of height to diameter or width does not exceed 2 to 1. Page 11 of 44 316 5. Sidewalks, walking surfaces, and driveways not more than 30 inches above grade and not over any basement or story below. 6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 7. Above ground pre -fabricated pools. 8. Swings and other playground equipment. 9. Window awnings supported by an exterior wall which do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support. 10. Uncovered decks not exceeding 200 square feet (18.58 sq. m) in area, that are no more than 30 inches (762 mm) above grade at any point, and do not serve the exit door required by Section R311.4. SD. R105.3 Application for permit, is amended to include the following: To obtain the permit, the applicant shall first file an application therefore in writing on a form furnished by the department of building safety for that purpose. Such application shall: 1. Identify and describe the work to be covered by the permit for which application is made. 2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. 3. Indicate the use and occupancy for which the proposed work is intended. 4. Be accompanied by construction documents and other information as required in Section 107. 5. State the valuation of the proposed work. 6. Be signed by the applicant, or the applicant's authorized agent. 7. Include signature by the applicant or the applicant's authorized agent of a statement for guarantee of fee payment. The statement must be signed in the presence of County staff or staff will provide a statement which includes verification of signature by a licensed notary public. 8. Provide verification of approval to connect to a public sewer system or a septic system installation permit issued by the Whatcom County Environmental Health Department for any permit application that Page 12 of 44 317 requires sewage disposal. The approval to connect or issued system permit shall be specific to the project application. 9. Provide additional data and information in the designated sequence, as required by the Building Official. OE. Table R301.2 (1) Design Data for Whatcom County is amended as follows: 1. Ground Snow Load Table, January 1997: Whatcom County Approx. Average Elevation Revised Ground Snow Load Revised Roof Snow Load Acme 310 22 25 Bellingham 100 15 25 Blaine 45 16 25 Deming 210 24 25 Diablo 910 100 100 Ferndale 60 20 25 Glacier 900 74 74 Lawrence 145 24 25 Lynden 103 24 25 Maple Falls 643 77 77 Mt. Baker Ski Area 4200 588 588 Newhalem 510 129 129 Nooksack 84 24 25 Sumas 36 24 25 Wickersham 310 28 28 Kendall 460 50 Paradise 460 50 Pt. Roberts 120 25 Footnotes: 1. Any proposal can challenge the above design load with engineer or architect stamped and signed calculations and criteria. Buildings where the roof snow load exceeds 30 psf may require architect or engineer review. Page 13 of 44 318 Recommendations are valid for the recognized central area of each regional designation. Building Services reserves the right to adjust the roof snow load based on building location and/or criteria per the 2012 IBC and/or the most current edition of the Snow Load Analysis for Washington. 2. Wind Speed (mph): IRC — _V„lt = 85 110 mph [Figure R301.2(4)B]. V It = IBC Risk Category 1 - 100 mph [Figure 1609.3 3 ]; IBC Risk Category II — 110 mph [Figure 1609.3 1 ]; IBC Risk Category III and IV — 115 mph [Figure 1609.3L2)]. 3. Seismic Design: Zone Do/D1; Design Category D (See IBC Section 1613 and/or ASCE 7) 4. Subject to Damage from Weathering: Moderate 5. Frost Line Depth: 18" (west of longitude 1220 54' 30", approximately at mile post 35 of State Route 542, Mt. Baker Highway) 6. Termite: None 7. Decay: Moderate 8. Winter Design Temp: 19 ° F 9. Ice Shield Underlayment Req.: No 10. Air Freezing Index:260 11. Mean Annual Temperature: 480 F €F.IRC Appendix E, Manufactured Homes, is entirely replaced with the following: This chapter is enacted as an exercise of the police power of the county for the benefit of the public at large. It is not intended to create a special relationship with any individual, or individuals, nor to identify and protect any particular class of persons. The purpose of this chapter is to provide minimum standards to safeguard life or limb, health or property, and public welfare, by regulating and controlling the installation of manufactured homes on building sites within the county. It is not the intent of this chapter to impose liability upon the county for failure to perform any discretionary act. Rather, it is the intent of this chapter to place the obligation of complying with its requirements upon the installer. Nothing Page 14 of 44 319 contained in this chapter shall be construed to relieve from or to lessen the responsibility or liability of any person for injury or damage to persons or property caused by or resulting from any defect of any nature in any manufactured home installation work performed by said person or in any manufactured home installation equipment owned, controlled, operated or used by him; nor shall Whatcom County, or any officer, agent, or employee thereof, incur or be held as assuming any liability by reason or in consequence of any permission, certificate of inspection, inspection or approval authorized herein, or issued or given as herein provided, or by reasons or consequence of any things done or acts performed pursuant to the provisions of this chapter. 1) SCOPE This chapter sets forth rules and installation of manufactured hor administrative procedure for the i inspection of manufactured home'ir 2) DEFINITIONS a. ADMINISTRATIVE Development Services, County Building Official. b. BUILDING 'OFFICIAL is Services Department or his/ gulations to regulate and control the on building sites, establishes an ance of permits, and provides for the illations. is the Department of Planning & Services Division, and the Whatcom for of the Planning & Development ee. See Section 15.04.015. c. BUILDING SITE is any „site proposed for the location of a manufactured home including sites within mobile home parks. d. HUD is the Federal Department of Housing and Urban Development. e.:INSTALLER shall either be the owner or a State licensed mobile home installer. f. MANUFACTURED HOME means a structure designed and built to comply with the Washington State Department of Labor and Industry's rules and regulations for Manufactured Homes and Commercial Coaches. It is also defined and cross-referenced per the current adopted edition of the IRC, SECTION R202, DEFINITIONS, MANUFACTURED HOME. g. MOBILE HOME is a transportable, factory -built dwelling unit constructed prior to June 15, 1976 (prior to enactment of National Manufactured Housing Construction & Safety Standards [NMHCSS] Act of 1974). h. PERMANENT FOUNDATION means concrete blocks on a concrete footing or slab, or other approved engineered foundation systems. 3) GENERAL INSTALLATION REQUIREMENTS Page 15 of 44 320 a. Manufactured homes installed on building sites shall be installed in accordance with the provisions of this chapter and all applicable local, state, and federal codes, ordinances, and statutes. b. Manufactured homes shall be installed in compliance with the manufacturer's installation recommendations or according to NCSBCS/ANSI A225.1-1994; permanent foundation requirements. The manufacturer or dealer shall send two copies of its approved installation recommendations to the purchaser of the manufactured home. Two copies shall be submitted with the building permit application. c. No person, firm, partnership, corporation, or other entity may install a manufactured home unless he/she owns the manufactured home, or is a licensed manufactured home installer. d. All manufactured home installati the IRC Section R403.1.7.3, Founc graded sites, the top of any ex elevation of the street gutter at poi drainage device a minimum of 12 i may approve alternate elevation: required drainage to the point of provided at all locations on the site prevent standing water under and final inspection. The finished gradE above- the ground drainage flow c surface or sub -surface water from provided that other approved alterr insshall comply with the requirements of tion Elevation, and with the following: On :rior foundation shall extend above the it of discharge or the inlet of an approved aches plus 2 percent. The Building Official provided it can be demonstrated that ischarge and away from the structure is The following provisions shall be made to around a building or structure prior to the and elevation under the building shall be f the land' around the building to prevent draining to the space under the building, 3tes such as drain tile, exterior grading to a punt waver man ui(d inVerwr Ulainaye Ui Lne L)UIIUiny OF an app[UVUU 5urnp pump may be used, and provided, further that the alternate method to be used shall be shown on the building plans. An approved sump pump system shall in no case be connected to the sanitary sewer system. In all instances where a drainage or sump pump system is installed under the structure there shall be provided, in the foundation wall, an access crawl hole which shall be no more than 20 feet from the main drain cleanout. To facilitate the drainage of water, the building site shall have at least a 2% gradient towards approved drainage facilities from building pads. However, this may be waived by the building official provided that the permittee can demonstrate that due to the nature of the site this would be impractical and that an approved alternate will be used. If water appears under the building within a period of 12 months after the final inspection of the building or structure, the builder shall be responsible for providing the drainage of the same, and provided further that the builder has not complied with the requirements of Section 1804.7 herein, concerning drainage. Thereafter, the owner of the building shall be responsible for providing drainage of the same, except where owner and builder agree otherwise. Page 16 of 44 321 e. In those areas that are recognized as floodplains by the Washington State Department of Ecology or the Department of Homeland Security, or hazardous because of the probability of earthquakes, ground slides, avalanches, or high winds, the building official may set requirements that are necessary to lessen the hazards. Manufactured homes installed on sites that are sloping or have poor drainage shall be installed in accordance with installation recommendations, provided by a professional engineer or architect licensed in the state of Washington. . f. Manufactured homes in a floodplain must be installed per the applicable provisions of Whatcom County Code, Title 17, Flood Damage Prevention, and per associated requirements of the Endangered Species Act (ESA). g. Used mobile homes older than 19 the State Dept. of Labor & Industries 4) PERMITS REQUIRED No person, firm, or corporation shall it manufactured home on a building site wi- permit and a manufactured home deak home to a building site until that deale obtained the necessary building permits. 5) APPLICATION RE In addition to the b following shall apply shall be required fo shall be made upon be accompanied by 1 a. A separate applii installation. The ap herein QUIREMENTS .quire a fire/life safety inspection by to building permit submittal. or cause to be installed any having first obtained a building all not deliver a manufactured > verified that the installer has uilding permit application and issuance regulations, the to manufactured home installations: separate application r each manufactured home installation. The application forms provided by the administrative authority and shall :he permit fee established herein. ,ation shall be required for each manufactured home plication shall be made upon forms provided by the )rity and shall be accompanied by the permit fee b. Each application shall be accompanied by a plot plan drawn to scale with detail sufficient to show that the installation will meet siting requirements of all applicable state and local regulations. c. Applications for manufactured homes to be installed on building sites or sites within a mobile home park shall be accompanied by two sets of foundation plans for a permanent foundation. 6) INSPECTION Approved installation specifications shall be available at the site at the time of inspection of the installation. In the event that no approved installation Page 17 of 44 322 specifications are available or the approved specifications as provided above do not cover all the installation requirements of this chapter, then the total installation of the portions thereof not covered by the approved specifications shall comply with the appropriate provisions of this code. a. On building sites other than those in mobile home parks, the installer of the manufactured/mobile home shall request a footing inspection after the placement of the footing forms and rebar and prior to pouring or placing the footings, a tie -down inspection and a final inspection after all aspects of the installation have been completed. For mobile home park installations, the installer shall request a final inspection after all aspects of the installation have been completed. All requests for inspection shall be made one working day before such inspection is desired. b. The manufactured/mobile home may be occupied once the installation has passed final inspection for compliance with the requirements of this chapter and any conditions placed upon the issued permit. c. If the installation does not comply with t chapter and the conditions of the installa- agency shall provide the installer with a I must make. The list of corrections shall ste must be completed. If the items that requi health or safety of the occupants, or subst; manufactured/mobile home, the local'enfi owner of the home to occupy it. 7) BUILDING SITE PREPARATION site the support req,uirerr park, the park owner to be installed has b, the mobile home an drainage. 8) FOUN e installation requirements of this on permit, the local enforcement >t of corrections that the installer e a date by which the corrections e correction do not endanger the ntially affect the habitability of the rcementagency may permit the may not be installed on a building site unless the adequate compaction and load -bearing ability to meet nts of (3)(d`) or, if the building site is in a mobile home lust insure that the ground on which the mobile home is m improved as necessary to provide a proper base for that the area beneath the mobile home has adequate EM FOOTINGS a. Footings shall be constructed of solid concrete per the manufacturer's installation specifications or an approved alternate method. b. Four -inch slab with thickened footings, extending 18 inches below existing grade, 16 inches diameter concrete posts, spaced according to the applicable requirements of NCSBCS/ANSI A225.1-1994, with a four- inch concrete slab and Z hook for positive connection between post and slab, if in a flood plain. c. Footings shall be: Page 18 of 44 323 i. Evenly bedded and level; ii. Placed on firm, undisturbed or compacted soil that is free of organic material; iii. Centered in a line under the main frame longitudinal members on both sides of the manufactured home; iv. Spaced not more than eight feet apart and no more than two feet from the ends of the main frame. The building official may require a closer spacing, depending on the load bearing capacity of the soil or the specifications in the manufactured home installation manual. d. A manufactured home with more than one section must have center line blocking at end walls and at other points of connection of the sections of the manufactured home that have ridge beam bearing support. Blocking is also required at both ends of a door opening that is six feet or more wide in an exterior wall. e. If a manufactured home requires footings on its exterior perimeter, as specified by the installation recommendations or required by the building official, the footings shall be installed below the frost line. f. Footings shall be constructed "so that 75percent of the area under the manufactured home has at least 18 inches clearance between the bottom of the main chassis members and the ground level. The area beneath the furnace cross-overs and fireplaces must always have at least 18 inches clearance. At no point under the manufactured home may clearance be less than 12 inches. 9) FOUNDATION SYSTEM PIERS a. An installer must build and position piers and load -bearing supports or devices to distribute the ,required load evenly. An installer must use manufactured piers or load -bearing supports or devices that are listed or approved for the intended use. b. A pier may be made of a single stack of 8-inch by 16-inch blocks if the blocks are not stacked more than three blocks high. A pier made of a single stack of blocks shall be installed at a right angle to the main frame longitudinal members and shall be capped with no more than 2-inch by 8-inch by 16-inch wood blocks or one 4-inch by 8-inch by 16-inch concrete block. c. A pier may be made of a double stack of 8-inch by 8-inch by 10-inch blocks if the blocks are not stacked more than five blocks high. Each row of blocks in such a pier shall be stacked at right angles to the abutting rows of blocks. The pier shall be capped by with 2-inch by 8-inch by 16-inch concrete blocks. The pier shall be installed so that the joint between the cap block is at right angle to the main frame longitudinal members. Page 19 of 44 324 d. A pier may be made with more than five courses of blocks and not to exceed 9 (72 inches) courses of block if the stacked blocks are filled with 2,000 psi concrete or mortar, and no more than 20% of the piers exceed five courses (40"). All other systems shall be designed by a licensed Washington state engineer or architect. e. All blocks shall be set with cores placed vertically. 10) FOUNDATION SYSTEM PLATES AND SHIMS An installer may fill a gap between the top of a pier and the main frame with a wood plate that is not more than two inches thick and two opposing wedge- shaped shims that are not more than two inches thick. Wood plates and shims must be of hemlock/fir, Douglas fir, or spruce/pine/fir. A shim shall be at least four inches wide and six inches long. The :installer shall fit the shim properly and drive it tight between the wood plate or pier and the main frame to ensure that the manufactured home is level and properly supported at all load -bearing points. A block that abuts a wedge-shaped shim shall be solid. 11) FOUNDATION A manufactured home shall have an approved skirting around its entire perimeter. The wood of the skirting shall be at least six inches from the ground unless it is pressure -treated wood. Metal fasteners shall be hot dipped galvanized, stainless steel, or other corrosive -resistant material. Ferrous metal members in contact with the earth, other than those that are galvanized or stainless steel, shall be coated with asphaltic emulsion. A manufactured home that is installed shall have ventilation openings with a net area of one square foot per 150 square feet of crawl space; except manufactured homes installed in the flood plain shall have ventilation openings with a net area of 1 square inch per 1 per square foot of crawlspace installed within 1 foot of finished grade. The openings shall be designed to provide cross ventilation on at least two approximately opposite sides of the manufactured home. The installer shall locate openings as close to the corner of the manufactured home as practical and shall cover the opening with a corrosive -resistant wire mesh. Dryer vents and hot water tank pressure release valves shall exhaust on the exterior of the perimeter skirting. The skirting for each section of the manufactured home shall have an opening of at least 18 inches by 24 inches with a cover of metal or pressure -treated wood to allow access to the crawl space. In all cases the foundation shall be installed before a final sign off can be made. 12) ANCHORING SYSTEM The building official shall require a single section or multiple section manufactured home to have an anchoring system. Such an anchoring system shall be installed per the manufactured installation specifications or according to the design of a professional Washington State licensed engineer or Page 20 of 44 325 architect. Components of the anchoring system shall have a resistance to weather deterioration that is at least equal to that of a zinc coating that is not less than 0.3 inches per square foot of coated surface. Cut edges of zinc - coated strapping do not need to be coated. a. An installer shall install, preload, and adjust a ground anchor in accordance with the anchor manufacturer's instructions. The installer must supply a copy of the instructions to the building official. Ground anchors shall be marked with the manufacturer's identification and model number in a location that is visible to the inspector after the anchor is installed. The manufacturer of a ground anchor must provide instructions with each anchor that specifies the kinds of soils for which the anchor is suitable. Analysis from a WA State licensed engineer may be required. b. If concrete slabs or continuous loads to the ground, the following i. Engineered tie -down systemE Washington State Department of Is are u ments e call be per appi )or and Industries ii A concrete slab may be used in I holding strength equal to the required iii. Analysis from a WA state licen c. Ties shall be of approved strap be fastened to the ground anch fasteners, or other approved ter clevis, forged, or welded eyes. T self -disconnection if the ties <be( steel outrigger beams t installation instructionE must lie at least 45deg me long at fasten transfer the anchoring d details from the ace of a ground anchor if it provides ]round anchors. ngineer may be required. or other approved materials. Ties shall nd drawn tight with turnbuckles, yoke devices. Tension devices shall end in n devices shall be designed to prevent slack. Ties shall connect the ground al members. Ties must not connect to main frame unless the manufacturer's ically approve the connection. Diagonal ties m the vertical. d. The installer shall space the ties as evenly as practical and shall locate a tie within eight feet of each end of the manufactured home. The installer shall install vertical ties at each detached corner of a clerestory roof and added -on sections of expandable manufactured homes., the installer shall install the following number of ties for each I-beam or other main frame longitudinal member: according to the manufacturer's specifications or per NCSBCS/ANSI A225.1-1994, as indicated in the following chart: Length of home in feet (excluding hitch) Number of vertical ties per detached corner of add-ons Number of diagonal ties 32 — 54 1 5 55 — 73 1 6 Page 21 of 44 326 13) ASSEMBLY The water pipe connection to the manufactured home shall have a main shutoff valve in compliance with the 2012 Uniform Plumbing Code, Section 606.. Exterior water lines and ducting under the manufactured home shall be insulated. In all other respects, utility connections to the manufactured home, including water, sewer, electricity, and gas shall comply with the applicable county codes. Accessory structures attached to or located next to a home, such as awnings, carports, garages, porches, or steps shall be constructed in conformance with applicable county codes and structurally independent of the manufactured home unless pre -approved by manufacturer. (Ord. 2004-064 § 2) 15.04.040 Amendments to the International Fire Code.` A. Section 102.2 Administrative, operational and maintenance provision, is amended to read as follows: To provide a reasonable degree of safety to persons occupying existing buildings, there shall be a fire code inspection, at times to be determined by the Whatcom County Fire Marshal, for all Group A, B, E, F, H, I, M, R, S and U occupancies. Only R-3 Occupancies containing the following shall be subject to fire code inspections: Adult family homes, family daycare homes, adult and child care facilities, as defined in the Washington State amendments. B. Section 103.1 General, is amended to read as follows: 103.1 General.The Department of Fire Prevention, herein after referred to as the Fire Marshal's Office, is established within the jurisdiction under the direction of the Fire Code Official, herein after referred to as the Fire Marshal. The function of the department shall be the implementation, administration and enforcement of the provisions of this code. Recognizing the authority and responsibility vested in the Fire Marshal by the International Fire Code, the Fire Marshal is authorized to promulgate such rules, policies and/or procedures as he/she deems necessary for the efficient operation of fire prevention and investigations C. Section 103.2 Appointment, is amended to read as follows: 103.2 ppeintment,The Fire Marshal is the Department Director except that a Fire Marshal and/or Deputy Fire Marshal may be appointed by the Department Director. The Fire Marshal/Deputy Fire Marshal shall be not less than a supervisor within the Building Services Division of the Whatcom County Planning & Development Services Department, as designated by the Director. The Fire Marshal for Whatcom County is authorized to enforce Page 22 of 44 327 the provisions of this ordinance and adopted referenced codes and amendments. D. Section 104.1 General, is amended with the following additional paragraphs: The provisions of RCW 18.160.070 and the Levels of Licensing required by the State Fire Marshal's Office will be enforced by the Whatcom County Fire Marshal's Office as specified, including but not limited to work performed by contractors and/or documentation verifying compliance with current licensing requirements. Issuance of permits may be withheld due to lack of compliance with these provisions. It is the interpretation and determination of the Whatcom County Fire Marshal that the "installation of underground work of any kind for any kind of structure" applies to the installation of fire protection systems connected to or integral to a fire protection sprinkler system. A Level U license from the State Fire Marshal's office shall be required. The Fire Marshal, at his/her discretion, may require a Level U license for any underground work determined at any stage of installation to be substantially and/or consistently substandard. E. Section 104.9 Alternate materials and methods the last sentence is amended as follows: Where the alternative material, design or method of construction is not approved, the Building Official at his/her discretion may respond in writing, stating the reasons why the alternative was not approved. €F. Section 104.10 Fire investigation, is amended to read as follows: The Whatcom County Sheriff's Office shall have the authority to investigate the cause, origin and circumstances of any fire, explosion or other hazardous conditions. Information that could be related to trade secrets or processes shall not be made part of the public record except as directed by a court of law. G. Section 104.10.1 Assistance from other agencies, is amended t$ rZ--H- as follows with the following additional language: a) The Whatcom County Fire Marshal shall have the authority to render necessary assistance in the investigation of fires. The Whatcom County Fire Marshal and designated, assigned staff members shall have the powers of a limited authority of a Washington peace officer as defined in Chapter 10.93 RCW. They shall be commissioned by the Whatcom County Sheriff as specially commissioned Washington peace officers, as defined in Chapter 10.93 RCW, upon satisfaction of the training and Page 23 of 44 328 other requirements prescribed or approved by the Washington Criminal Justice Training Commission, for the purpose of administering this code. GH. Section 105.7.1 Automatic fire -extinguishing systems, is amended with the addition of the following language: Commercial cooking arrays require permanently affixed signage that states: "Alteration of commercial cooking arrays is prohibited without prior review and approval from the Whatcom County Fire Marshal." Sign location to be determined by the Fire Marshal. 141. Section 105.7.8 Flammable and combustible liquids, is amended as follows: 1. (unchanged) 2. (unchanged) 3. To install, alter, remove, abandon, or otherwise dispose of a flammable or combustible liquid. Abandoned underground fuel tanks are required to be removed according to all applicable codes and safety standards except under special circumstances, such as steep or extreme topography, significant physical obstructions, or similar circumstances, as approved per the discretion and judgment of the Fire Marshal. U Section 108.1 Board of appeals, is amended to read as follows: In order to hear and decide appeals of orders, decisions or determinations made by the Fire Marshal relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. Whatcom County Ordinance No. 2007-024 shall be the Fire Code appeals board. The Appeals Board shall be the same board for all codes appeals, except as amended in WCC Chapter 15.04. JK. Section 202 General Definitions, is amended to read as follows: a. Fire Chief. Whenever the term fire chief is referenced in this code it shall mean Whatcom County Fire Marshal (Fire Code Official) or his/her designee, as identified in IFC Section 103, except as stated in IFC Section 104.11 and/or where the Fire Marshal has delegated a specific responsibility to the Fire Chief of a given fire district by verbal, written, and/or historic agreement. b. Fire Code Official. Whenever the term fire code official is referenced in this code it shall mean Whatcom County Fire Marshal or his/her designee, as identified in IFC Section 103.2 and as amended per WCC 15.04.040. Page 24 of 44 329 KL. Chapter 5 is amended to include adoption of all sections of the chapter not adopted by Washington State Amendments, Chapter 51-54A, as authorized per RCW 19.27.060, #5 LM. Appendix B, Fire Flow Requirements for Buildings is amended as follows: 1. Section B103.1 Decreases. The Fire Marshal is authorized to reduce the fire -flow requirements for isolated buildings or a group of buildings in rural areas or small communities where the development of full fire - flow requirements is impractical. This may include consideration of alternative materials and methods where the Fire Marshal finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method, or work is at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire -resistance, durability, and safety. 2. Section B104.1 General, is amended as follows: a. The fire -flow calculation area shall be the total floor area of all floor levels within the exterior walls, and under horizontal projections of the roof of a building (such as a connecting breezeway), otherwise including only areas that are fully enclosed on all sides and which have a full ceiling height. Full ceiling height means an average (50% or more) ceiling height of 6 (six) feet — 8(eight) inches (203.3 cm), including under -floor areas that are accessed by a side -hinged man door, sliding door, overhead door, or similar standard height access. The calculation area is measured to the outside surface of exterior and/or enclosure walls. b. In general, commercial and industrial structures will be measured according to the same methodology as residential/accessory buildings, except that structures will also be judged according to their use and corresponding hazard, according to the applicable codes in the IFC and IBC, and according to the judgment and discretion of the Fire Marshal. As such area may be calculated for roof only (open sided) structures, covered open/partially open portions of buildings, to the outside edge of eaves, and/or for uncovered portions of structures (decks, balconies, loading docks, etc.) on a case -by -case basis where, in the discretion of the Fire Marshal, it is warranted to preserve the health, safety, and welfare of the public, building occupants, and/or emergency responders. 3. Section B105.1 One- and two-family dwellings: Page 25 of 44 330 a. The minimum fire flow and flow duration requirements for one- and two- family dwellings having a fire -flow calculation area, including both existing and new proposed building area, that is measures in excess of 4000 square feet (371.6 m2) shall be 500 GPM @ 20 psi for 1 hour. b. An NFPA 13D automatic sprinkler system throughout the measured easured fire area of a residence and/or residential accessory building qualifies as 100% reduction/mitigation in fire flow when the requirement threshold is exceeded c. An NFPA 13-D automatic sprinkler system is required throughout all dwellings with a measured fire area exceeding 8000 square feet. In addition fire -flow for dwellings with a fire -flow calculation area 'aFgeF tha-a exceeding 8,000 square feet (743.2 m2), shall not be less than that specified in Table 13105.1, as amended by Whatcom County, with the ability to apply fire p FeteGtiOR GFe dits as de n�ribed in Table 13105 2. except that the flow duration .+.v. � v� vu as v vva may be a minimum of one hour. d. Table 13105.1(1) is not adopted. 4. Section B105.2, Buildings other than one- and two-family dwellings, is amended as follows: DEFINITIONS: • Agricultural Building. Livestock shelters or buildings, including shade structures and milking barns; poultry buildings or shelters; barns; storage of equipment and machinery used exclusively in agriculture; horticultural structures, including detached production greenhouses and crop protection shelters; sheds; grain silos; stables. (IBC Appendix C, Group U-Agricultural Buildings) • Agricultural processing building and/or facility. Buildings/facilities where agricultural products are cooled, frozen, or dried and packaged in their otherwise unaltered, primary state for shipping to distribution sales outlets. Ag processing buildings/facilities may include conveyors, refrigeration equipment and rooms, other applicable processing or environmental mechanical equipment, offices, employee facilities, restrooms, product and product packaging storage, loading docks, and similar applicable accessory appurtenances. Page 26 of 44 331 Although Ag processing buildings/facilities are determined by Whatcom County to be a Group U occupancy for purposes of determining fire flow requirements, they represent a more intensive use than agricultural buildings, based on the typical number of personnel (even if seasonal), type of equipment, and typical operations. Appropriate, applicable health, fire and life/safety codes and regulations will be applied in the review process of these buildings/facilities. Cooking, modifying, altering, combining, and/or other secondary food processing/manufacturing is not considered Ag processing. The primary use for this type of processing is determined to be a Group F occupancy per applicable provisions of the IBC and other adopted codes and regulations. 5. The minimum fire -flow and flow duration requirements for private garages, detached shops, and agricultural storage buildings (Group U occupancy) shall be 500 gpm @ 20 psi for 1 hour. Exception: Fire -flow is not required if the structure meets one of the following criteria: 1. It does not exceed 2500 square feet (232.3 m2). 2. It is protected by an approved automatic fire sprinkler system 3. It has 60 foot setbacks to all property lines, and other structures on the same lot. Setback measurement may include the full width of an adjacent public way, no -build easement recorded with the Auditor to run concurrent with the deed, or similar instrument or provision acceptable to the Fire Marshal. 4. It has 100 foot setbacks to all property lines and other structures on the same lot for buildings which include hay storage, other combustible fibers, the potential for loose combustible fibers, and/or the potential for combustible dust (IFC Sections 2204 and 5204.1 3704.1; NFPA 61). Setback measurement may include the full width of an adjacent public way, no -build easement recorded with the Auditor to run concurrent with the deed, or similar instrument or provision acceptable to the Fire Marshal. Page 27 of 44 332 6. The minimum fire -flow and flow duration requirements for agricultural processing buildings (Group U) not exceeding 6000 square feet (557.4 m2) shall be 500 gpm @ 20 psi for 1 hour. If the building exceeds 6000 square feet (557.4 m2), Table B105.1, as amended by Whatcom County, shall apply except that, at the discretion of the Fire Marshal, where adequate and reliable water supply systems do not exist the duration may be reduced by up to 50%, but not to be reduced to below a duration of 1 hour. 7 Exception: Fire -flow is not required if the structure meets one of the following criteria: 1. It does not exceed 2500 square feet (232.3 m2), eXGIu ding areas open, o„-three -sides in measured fire area. 2. It has 60 foot setbacks to all property lines', and other structures on the same lot. Setback measurement may include the full width of an adjacent public way, no -build easement recorded with the Auditor to run concurrent with the deed, or similar instrument or provision acceptable to the Fire Marshal. 3. The building is provided with an NFPA 13 automatic sprinkler system throughout, including water storage to support the sprinkler system per the system design, plus an additional 500 gpm of fire flow at 20 psi for a duration of one hour, to be available at an approved hydrant or hydrants as determined by the Fire Marshal. The minimum fire -flow and flow duration requirements for buildings other than one and two-family dwellings and Group U buildings specified above, shall be as specified in Table B105.1, as amended by Whatcom County, with the ability to apply fire -protection credits as described in Table 13105.32 but not to be reduced to below 500 1000 GPM @ 20 psi for duration of 1 hour for Group F and S occupancies, including accessary occupancies (per IBC 508.2); 1500 GPM @ 20 psi for a duration of 1 hours for occupancies and/or mixed occupancies including Group A, B, E, I, M, and R occupancies except where lower gpm is indicated per Table B105.1. Fire -flow reductions for Group H occupancies may only be considered at the discretion of the Fire Marshal. Increases in fire flow may be required based on the Fire Marshal's evaluation of operational hazard and/or occupancy group. Fire protection credits shall not allow the elimination of required systems as required in other parts of the Fire Code. Page 28 of 44 333 Exception: Fire flow is not required if the structure meets both all of the following criteria: 1. It does not exceed 2500 square feet (232.3 m2) 2. It does not contain a hazardous operation, as determined by the Fire Marshal. 3. Not a GrouD A occupan Tables B105.1, B105.2, 1131105.3 TABLE B105.1 Fire -flow for Buildings Other than One- and Two- Family Dwellings and Private Garages and Commercial Agricultural Buildings (Group U) Construction Tvoe a IA & IB IIA & IIIA IV & VA IIB & IIIB VB Required Fire Flow GPM Duration Hours WHEN TOTAL FIRE AREA IN SQUARE FEET (b) IS EQUAL TO OR LESS THAN THESE VALUES 5 500 3,700 2,600 2 100 1 600 500 1 11 100 6,800 4 700 3 500 2 400 750 1 15,900 9 300 6.200 4 500 2 900 1 000 1 22 700 12 700 8 200 5 900 3 600 1 250 1 30 200 17 000 10 900 7,900 4 800 1 500 1 38 700 21,800 12 900 9 800 6,200 1 750 1_5 48 300 24 200 17,400 12,600 7 700 2000 1.5 59 900 33,200 21 300 15 400 9,400 2,250 1.5 70,900 39 700 25 500 18,400 11 300 2 500 2 83 700 47,100 30,100 21,800 13,400 2,750 2 97,700 54,900 35,200 25,900 15 600 3 000 2 112,700 63,400 40,600 29,300 18,000 3 250 3 128 700 72,400 46,400 33 500 20 600 3,500 3 145,900 82 100 52 500 37 900 23 300 3 750 3 164 200 92,400 59 100 42 700 26 300 4 000 4 184 400 103 100 66 000 47 700 29,300 4 250 4 203 700 114,600 73,300 53,000 32,600 4 500 4 225 200 126,700 81,100 58 600 36 000 4 750 4 247 700 139,400 89,200 65,400 39 600 5 000 4 271 200 152,600 97 700 70 600 43 400 5,250 4 225.90 166,500 106,500 77,000 47,400 5,500 4 GREATER GREATER 115 800 83,700 51,500 5,750 4 125 5nn 90 600 55,700 6 000 4 Page 29 of 44 334 135 500 97 900 60 200 6 250 4 145 800 106 800 64 800 6,500 4 156 700 113,200 69,600 6.750 4 167 900 121 300 74 600 7 000 4 179,400 129,600 79 800 7 250 4 191,400 138,300 85 100 7 500 4 GREATER GREATER GREATER 7.750 4 (a) Types of construction are based upon the current adopted edition of the IBC (b) Each portion of a building shall be considered as a separate fire area when separated by one or more fire walls built in accordance with the IBC. TABLE B105.32 Fire Protection Credit for Commercial Rural Fire -Flow Options to Reduce Fire -Flow (a) % Reduction (b) NFPA Monitored Fire Alarm 25% NFPA 13 Automatic Sprinkler System 75% 40' Minimum Setbacks (c) 25% (a) Credits used for or with substantial alterations shall be applied to the entire structure. (b) Reductions will be simply rounded to the closest fire flow rate and applied for the duration prescribed by that flow rate. In cases of an equal distance between two rates, the rate will be rounded down. (c) Setbacks apply to all property lines and buildings, on all sides of the structure. Setback measurement may include the full width of an adjacent public way, no -build easement recorded with the Auditor to run concurrent with the deed, or similar instrument or provision acceptable to the Fire Marshal. MN. Appendix C, Fire Hydrant Locations and Distributions, is amended with the following added section: Page 30 of 44 335 a. Section C106 Subdivision Alternative, is added to the Appendix: C106.1 Hydrant placement alternative, subdivisions and plats with no fire flow infrastructure require a minimum lot size of i (one) acre and a minimum 2u (twenty) foot setback from property lines to structures, in addition to applicable fire flow requirements per Appendix B as amended. NO. Appendix D, Apparatus access roads, is amended as follows: a. Section D103 Minimum Specifications, is amended with the following additional language: 1. Fire apparatus access roads serving up to 2 (two) residential lots, where building location is less than one hundred fifty feet (150') from approved access roads require a minimum width of 12 feet (3658 mm) and a minimum vertical clearance of 13 feet-6 inches (4115 mm). 2. Fire apparatus roads over one hundred fifty feet (150') long serving up to two residential lots: a. Minimum width — twelve foot (12') driving surface with turnouts no farther than every six hundred feet (600') when required by the Fire Marshal. To create a turnout, the road shall be widened to twenty feet (20') in the direction of travel for a minimum distance of one hundred feet (100') to allow vehicles to pull over and allow emergency vehicles to proceed. Turnout shall be located approximately midpoint for driveways over six hundred feet (600') but less than twelve hundred feet (1200'). See Exhibit B. b. Vertical clearance — minimum thirteen foot, six inch (13'-6") unobstructed vertical clearance for the required width of the road. See Exhibit A. 3. Surface — Per Whatcom County Development Standards (WCDS), Chapter 5, Road Standards. Minimum standard per Exhibit C, Driveway Section. 4. Turning radius — minimum thirty-five foot (35') radii. Residential private roads and driveways per Exhibit C and D. 5. Turnarounds — For all protects other than residential or residential accessory, turnarounds shall be a minimum twenty feet foot (20') wide drivable surface, and legs sixty feet (60') long deep of per WCDS, Chapter 5, Road Standards. Where options are limited by Page 31 of 44 336 topography or at the discretion of the Fire Marshal for other considerations, turnarounds for residential or residential accessory structure access may be a minimum twenty foot (20') wide drivable surface and turnaround legs forty-five feet (45') lone In all cases, turnarounds shall be located within 150 feet of a structure that requires access but no closer than 50 feet. See Exhibit D. 6. Bridges - Bridges, box culverts or similar passageway structures built over depressions or obstacles shall be herein after referred to as bridges. When a bridge is required to be used as part of a driveway access road, it shall be designed and constructed per the current adopted edition of the WCDS, Chapter 5, Road Standards, Section 513, Bridges and Associated Retaining Walls and per applicable portions of IFC Section 503. Vehicle load limits shall be posted at both entrances to bridges when required by the Fire Marshal. 7. Grade per Exhibit A and WCDS, Chapter 5, Road Standards. Residential and residential accessory structures accessed by roads or driveways exceeding 12% grade require mitigation such as an automatic sprinkler system, per NFPA 13-D, throughout the applicable building(s); an approved fire flow system; equivalent mitigation approved at the discretion of the Fire Marshal in addition to standard access road requirements. 8. Installation of residential accessory buildings less than 2500 sf, small residential/accessory additions, and similar minor changes or alterations may be exempt or may not trigger road standard improvements on a case by case basis at the discretion of the Fire Marshal. 8b. Section D103.5 Fire apparatus and access road gates, is amended as follows: Gates installed across emergency apparatus access roads and driveways require a permit from the Fire Marshal's office. Item #1 is amended as follows: The minima ern gate width he 20 feet (6096 m�unless an altec-mate width is appreved by the Fire -Marshal. Where a single gate is provided, the net openable gate width shall be not less than 20 feet (6096 mm). Where a fire apparatus road consists of a divided roadway (one separate lane in each direction) or the current required width of the apparatus access road is a minimum of 12 feet (3658) the net openable gate width shall be not less than 12 feet (3658 mm) at each lane or road. The net openable width of the gate shall not be less than the applicable required drivable surface width of any access road or driveway. Page 32 of 44 337 Add to Item #10: At the Fire Marshal's determination, applications for gates proposed to be installed across private access easements, roads, and driveways, which are shared by multiple property owners/users, may be required to include written, notarized, confirmation from all property owners/users approving the gate installation. Add as Item #11: Gate installations where multiple properties are accessed shall include an approved universal public safety access system that will allow access by all emeraencv responders. Add as Item #12: Where deemed appropriate, the Fire Marshal may require language addressing maintenance responsibilities and/or incorporation of maintenance language and other relevant information regarding any pate to be recorded with the County Auditor separately or as part of the access easement (s) description. Rc. Fire apparatus access roads — Access serving more than Two (2) residential units shall meet the following: 1. Standards per Exhibit A and current adopted Whatcom County Development Standards (WCDS), Chapter 5, Road Standards. 2. The Fire Marshal may make modifications in these standards if the road is not buildable because of topography, waterways, nonnegotiable grades, or similar conditions. These modifications are based on: a. The building being protected by a minimum NFPA 13D Automatic Sprinkler System. b. Additional fire protection features as required by the Fire Marshal. 3. When, in the opinion of the Fire Marshal, a residential addition or a new detached accessory buildings will not create a more significant fire load or hazardous situation exceptions may be made for: nWinor additions noFinall aGGoSn^^y buildings to existing dwellings not exceeding 1248 square feet of net measurable fire area where the total measurable fire area of the contiguous building (new and existing) does not exceed 4000 square feet. • One, small, detached accessory building not exceeding 864 square feet in measurable fire area or where the aggregate Page 33 of 44 338 measurable fire area of all detached accessory buildings on a site does not exceed 864 square feet. Qd. Emergency vehicle access roads or driveways shall not be obstructed in any manner, including the parking of vehicles. Width and clearance requirements of these standards shall be maintained at all times. Re. See Exhibits A, B, C, and D, for additional information, details, and illustrations amending Appendix D. Page 34 of 44 339 Exhibit A: Private Roads/Streets, Driveways and Fire Apparatus Access This section applies to roads/streets that are privately owned, generally within an easement providing direct access to private land(s) for local traffic movement and connect to local public access, collectors or arterial roads/streets. Private roads/streets are maintained with private funds and where the county, municipality or WSDOT performs no maintenance. Criteria for Authorization: Private roads/streets may be permitted when so provided in appropriate ordinances or at the discretion of the County Engineer when: 1. Covenants have been approved and recorded with the County which provide for maintenance of the private roads/streets and associated parking areas by the owners in the development, including placing of liens for non-payment of fees, and/or `road maintenance, agreement(s) on the face of the Long Plat, Short Plat, or Binding Site Plan. 2. Provision is made for the roads/streets to be open at; all times for emergency and public service vehicle use. 3. The private road is not needed as a public road and will not obstruct public street circulation. 4. Intersection spacing between private roads shall be consistent with the spacing shown in Development Standards Section 505.M. 5. The roads are within a private community with a corporate identity or Homeowners Association, as identified by the State of Washington under RCW 64.38. 6. Fire Apparatus Access Roads (Private Roads/Streets and Driveways) a) County fire code requirements for "Fire Apparatus Access Roads" are contained in WCC 15.04.010 and as amended in WCC 15.04.040. b) Criteria. The following criteria, per Exhibit A Geometrics, apply to Fire Apparatus Access Roads serving residential and residential accessory use: Page 35 of 44 340 Exhibit A Geometrics: Road Usk) Incremental Minimum Width, ft Unobstructed Minimum Vertical Clearance, ft Minimum Turning See also Development Radii, ft Surface Treatment Inside Outside Standards Drawing) Grade, % 1=2 < 12 CSTC(' ) 12 minimum 13.5 25 40 505.E-6 12 - 14 Paved(2) 15 - 18 Heated -grooved _ PCC 3=6 < 12 CSTC(' ) 18(5) 13.5 25(6) 43(6) 505.E-1, 12 - 14 Paved(2) 15 - 18 Heated rod g ove PCCm 7 or more < 12 Paved(2) 26(5) 505.E-2, 12 - 14 Paved(2) 15 —18($) Heated grooved PCC (')Crushed surfacing top course - Arterial Roads & Table 2 - • Turnouts - For driveways and roadways less than 20 feet wide, see Exhibit B,(Development Standards Drawing 505.E-5). • Turnarounds - Establish turnarounds for driveways and roadways greater than 150 feet in length per Exhibit D (Development Standards Drawing 505.E-6, 505E-1, or 505.E-2 as applicable). Subject to other related codes and standards, i.e. Title 20.80. • Fire Hydrants - Where a fire hydrant is located on a Fire Apparatus Access Road, the minimum roadway width shall be 26 ft. for a length of 40 ft. centered on the fire hydrant. • Bridges - At the discretion of the Fire Marshal all bridges shall meet the requirements in Development Standards Section 513 Bridges and Page 36 of 44 341 Associated Retaining Walls. See WCC Section 15.04.040, Section A, Item 11, Subsection b. • Security Gates and Emergency Accesses - The County Fire Marshal requires a separate permit for any security gate or emergency access restricting device/system. • Access Approach Surfacing Requirements - All fire apparatus access approaches shall have an approved paved/hard surfaced apron unless otherwise directed pursuant to this section and Development Standards Section 508 Roadside Features. See Exhibit C, Driveway Section. • Additional or Alternative measures The County Fire Marshal may consider or require additional or alternative fire protection measures on a case by case basis. Criteria for Construction: Private roads/str of these Standards. Also see Development hall conform to the applicable sections ards Drawings 505.E-1 and 505.E-2. Page 37 of 44 342 Exhibit B C? �y Ld L, a W } N W oLJ �> �a J � W ur i }s � W �7 I OL >`13 a Eti v 4 V} 13 4 2 Page 38 of 44 343 Fyhihit r. �11 .-- C-1 ff� im ia n-:z Ln 0.1 -A Page 39 of 44 344 Fxhihit n W la CM p cmO US E O O WzOiS= -cc O E 2m Ua� o=� Ln .K5�a :-.-- -Do oC A 'O t=-WC a O C.>O3 O CDro 4 N O .3 Q N C a '" #— O Z 0.a i G.O� o ..��_ tV- d a O a V 0 Q S v p a N a d Z .Ca;s Coto fn y 0.0 CC.> } T 'b Q a 3 ° o U, LO Q 7 y o C j O O O .� O> Y O L.L. rnv X a a 24 2 y N F-~L3W~aid / N 0 F Z N M W� Z y a V to � �LQ � O } U) Q N 3 O J Z T Q 0 � z } Q M in > N RQ' O �� tp N (' O �_N i-4 N NN Page 40 of 44 345 15.04.050 Permit expirations and violations of the above referenced codes. A. Expiration. 1. Sections 105.5 of the IBC, R105.5 of the IRC, and 105.3.1 of the IFC are amended as follows: Every permit issued under the provisions of this code, according to IBC Section 105.5 and IRC Section R105.5, shall expire and become null and void, if the work authorized by such permit is not commenced within 180 days from the date of issuance of such permit, or if the work authorized by such permit is suspended or abandonedat any time after, the work is commenced for a period of 180 days. The building official is authorized to grant, in writing, one or more extensions of time, for a period not more than 180 days each. The extension shall be requested in writing and justifiable causes demonstrated. In the event of permit expiration, before such work can recommence, a new permit shall be first obtained to do so, and the fee therefore shall be one-half the amount required for a' new permit for such work, provided no changes have been made, or will be made in the original plans and specifications for such work; and provided, further, that such suspension or abandonment has not exceeded one year. These permits are only transferable with the prior approval of the Building Official and any change in occupancy, operation, tenancy, or ownership shall require that a new permit be issued. Every permit issued, under the provisions` of this code, according to IFC Section 105, shall expire and become null and void, if the work authorized by such permit is not commenced within 180 days from the date of issuance of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. The fire code official (designated as the fire marshal) is authorized to grant, in writing, one or more extensions of time for a period not more than 180 days each, except that expiration and extension shall not apply to open burning permits. The extension shall be requested in writing and justifiable causes demonstrated. In the event of permit expiration, before such work can recommence, a new permit shall be first obtained to do so, and the fee therefore` shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. An operational permit under the IFC shall remain in effect until reissued, renewed, or revoked or for such a period of time as specified in the permit. These permits are not transferable and any change in occupancy, operation, tenancy, or ownership shall require that a new permit be issued. B. Construction Without Permit. Page 41 of 44 346 1. The following paragraph shall be added to IBC Section 114.1, IRC Section R113.1, and IFC Section 109.1: When construction and/or development has occurred on a site without a valid permit as required by this chapter, any and all permits or approvals issued by the county may be denied for that site until the issue has been resolved. In addition, prompt restoration of the site to its original condition will be required. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this code. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid, except insofar as the work or use for which it authorizes is lawful. The issuance or granting of apermit or approval of plans shall not prevent the Director of Planning & Development Services, the Building Official, the Fire Code Official, or any administrator who has been granted authority by the Director from thereafter requiring the correction of errors in said plans and specifications or from preventing construction operations being carried on thereunder when in violation of this code or of any other ordinance or from revoking any certificate of approval when issued in error. 2. The following paragraph shall be added to IBC Section 114.1, IRC Section R113.1, and IFC Section 109.1: When construction, development, modification, ' or any changes to a structure have taken place without a valid permit as required by this chapter, the County may, at its discretion and as it deems necessary for compliance, may require the structure to be restored to its original construction/condition. This may include, but is not limited to, complete or partial demolition of the structure or remodel; removal of framed walls or other structural components; ; electrical systems'' and/or components; cabinets, doors, countertops, fixtures,' drywall; plumbing and/or plumbing fixtures; applicable appliances. Time lines required to restore the structure to its original condition shall be at the discretion of the County. C. Stop 1. Sections 115 of the IBC, R114 of the IRC, and 111 of the IFC are amended as follows: In the event any person, firm, partnership, corporation or other entity violates any provision of this ordinance or any code adopted by this ordinance, the County may issue a notice of violation, to be delivered to the owner, operator, or their agent, or to be conspicuously posted at the site. In a non -emergency situation, such notice may include notice of the intent to issue a stop work order no less than 10 calendar days following the receipt of the notice, and provide for an administrative pre -deprivation hearing within 10 calendar days of notice/order. In an emergency situation where Page 42 of 44 347 there is a significant threat to public safety or the environment, the County may issue a stop work order. The stop work order shall include, in writing, the right to request an administrative post -deprivation hearing within 72 hours following receipt of the stop work order. Failure to comply with the stop work order shall be a gross misdemeanor punishable upon conviction by a minimum fine of $500.00 up to a maximum fine of $1000.00 or one year in JCAH' or both. 'U nder no Ci l c u l l l s to 11 ce 1I lay the col.lIL defer of SUZ1,PW d any portion of the minimum $500.00 fine for any conviction under this section. Each day or part thereof of noncompliance with said order to stop work shall constitute a separate offense. D. Violation Deemed Misdemeanor. 1. Sections 114 of the IBC, R113 of the IRC, and 109 of the IFC are amended as follows: Any violation of the provisions of the International Building, Fire, Residential or other related codes as herein adopted is a misdemeanor. Any person, firm or corporation violating any of the provisions of this code or failing to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents, directives or conditions of the Building Official or the Fire Code Official or the Director of Planning and Development Services or of a permit or certification used under provisions of this code, shall be guilty of a misdemeanor, "punishable by a fine of not more than $1000.00 dollars or by imprisonment not exceeding 90days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. a. EXCEPTION: The International Fire Code Section 307 Open Burning and Recreational Fires shall constitute Class 1 civil infractions pursuant to RCW 7.80.120. The maximum penalty and the default amount for such violations shall be consistent with Chapter 7.80 RCW. All violations shall be heard and determined in accordance with the system established in Chapter 7.80 RCW. After having been found to have committed two successive infractions for violations of the same provision of this title on the same property, any person, firm, or corporation who continues to violate this title in the same manner on the same property shall be guilty of a misdemeanor, punishable by a fine of not more than $1000.00 or by imprisonment not exceeding 90 days, or both such fines and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. E. Notice of Violations. 1. Section 109.3 of the IFC is amended as follows: Page 43 of 44 MW When the Fire Code Official, referred to as the Fire Marshal, finds a building, premises, vehicle, storage facility or outdoor area that is in violation of this code, the fire code official is authorized to prepare a written notice of violation describing the conditions deemed unsafe. When immediate compliance is not possible, a time shall be specified for re -inspection. In special situations citations could be issued to individuals violating this code. F. Civil Penalty. 1. Any person, firm, partnership, corporation or other entity violating any of the provisions of this chapter, or of the codes adopted by reference by this chapter, shall be deemed guilty of a civil offense and each day during which such violation is continued or committed shall constitute a separate offense, and shall be fined not more than $1,000 for ;each offense. The penalty provided in the above section shall be imposed' by a notice in writing and delivered by personal service to the owner, the owner's agent, the operator and/or violator, and/or sent by certified mail, and/or be conspicuously posted at the site. The notice shall include the amount of the penalty imposed and shall describe the violation with reasonable particularity in ordering the act(s) constituting the violation(s) to cease and desist or, in appropriate cases, requiring necessary corrective action to be taken within a specific and reasonable time. The notice may simultaneously accompany a notice of penalty. 2. Within 30 days after the notice is received, the person incurring the penalty may apply in writing to the building official for remission or mitigation of such penalty. Upon receipt of the application, said department may remit or mitigate the penalty upon whatever terms the department in its discretion deems proper. The final decision of the building official, fire code official or the director of planning and development services on mitigation or revision shall be reviewed by the county council, if the person being penalized files a written appeal therewith of said decision, within 10 days of its issuance. The decision of the county council regarding the penalty imposed shall be final. In addition to the civil penalties described above, the prosecuting attorney may in his discretion bring such injunctive, declaratory or other actions as deemed necessary to ensure that violations of this chapter are prevented or cease, and to otherwise enforce the provisions of this chapter. (Ord. 2004- 064 § 2) Page 44 of 44 349 WHATC'UM COUIVTY COUNCIL AGENDA BILL NO. CLEARANCES Initial Date Date Received in Council O ice Agenda Date Assi ned to: Originator: Gary Davis a M N 6.,,o C7 IE � L _l� SEP 2 0 2016 912712016 Introduction Division Head: Mark Personius 1011112016 P & D / Council Dept.Head: Sam S f / .g f Prosecutor: Royce Buckingham AW 2" /,y !d VVHATCOM COUNTY Purchasing/Budget: COUNCIL C Executive: ws � Jack Lou �1 % TITLE OF DOC ENT: Resolution Forwarding Draft Shoreline Master Program Amendments For Department of Ecology Review ATTACHMENTS: 1. Draft Resolution and Draft Amendments 2. Staff Memorandum SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes (x) NO SEPA review completed? ( x ) Yes ( ) NO Requested Date SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Resolution forwards to Department of Ecology draft Shoreline Master Program limited amendments related to vacation rental and bed and breakfast uses COMMITTEE ACTION. COUNCIL ACTION.• 9/27/2016: Introduced 7-0 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: PLN2016-00011 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.uslcouncil. 350 WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-778-5900, TN 800-833-6384 360-778-5901 Fax P�r'ON ca4 Sla Ko'9 Memorandum J.E. "Sam" Ryan Director TO: The Honorable Jack Louws, Whatcom County Executive The Honorable Whatcom County Council FROM: Gary Davis, AICP, Senior Planner SAP THROUGH: Mark Personius, AICP, Assistant Director DATE: September 14, 2016 SUBJECT: Vacation Rental Regulation -Title 23 Amendments Resolution At the September 13, 2016 Planning and Development Committee meeting, the County Council requested a resolution be drafted that would forward the proposed amendments to WCC Title 23 Shoreline Management to the Department of Ecology for their review, as required by WAC 173-26-110. Introduction of the resolution is scheduled for September 27, and adoption may take place on October 11, 2016. The approach of the Title 23 Shoreline amendments is to include vacation rental units and bed and breakfast establishments as part of a single family residential use (rather than a commercial use), for purposes of determining permitted uses in various shoreline designations. This would make the shoreline code more consistent with the proposed Title 20 zoning code amendments. If you have any questions, please call Mark Personius, Assistant Director, at extension 5950. Attachments: Draft Resolution Draft amendments: WCC Title 23 Shoreline Management Program 351 PROPOSED BY: PDS INTRODUCED: RESOLUTION NO. FORWARDING DRAFT SHORELINE MASTER PROGRAM AMENDMENTS FOR DEPARTMENT OF ECOLOGY REVIEW WHEREAS, the Washington Administrative Code (WAC 173-26-080) requires counties to develop and administer a Shoreline Master Program; and WHEREAS, the Washington Administrative Code (WAC 173-26-110) requires counties to submit amendments to their Shoreline Master Programs to the Washington State Department of Ecology for its review and formal action; and WHEREAS, Whatcom County Code Title 23 Shoreline Management contains the County's Shoreline Master Program; and WHEREAS, Whatcom County Planning and Development Services has submitted an application to amend Title 23 Shoreline Management to define vacation rental uses and bed and breakfast uses as residential uses rather than commercial uses, and WHEREAS, the Whatcom County Planning Commission held a public hearing regarding the proposed amendment to WCC Title 23 on June 23, 2016; and WHEREAS, a determination of non -significance was issued under the State Environmental Policy Act on May 27, 2016; and WHEREAS, the Planning Commission has forwarded its findings and recommendations to the County Council; and WHEREAS, the Whatcom County Council has reviewed and approved the proposed amendment to the County's Shoreline Management Program and wishes to forward it to the Department of Ecology for their review and approval; 352 NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council hereby forwards to the Department of Ecology for their review the amendments shown on attached Exhibit A. APPROVED this ATTEST day of Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: ,r•�,•- . ,•-ecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair 353 May 23, 2016 Draft EXHIBIT A Whatcom County Code Title 23 Shoreline Management Program AMENDMENTS Chapter 23.30 SHORELINE JURISDICTION AND AREA DESIGNATIONS 23.30.055 Urban conservancy shoreline area - Conditional uses. The following may be permitted as conditional uses subject to the applicable policies and regulations of this program: A. All other residential development. B. Low intensity water -oriented commercial limited to resort, bed and bFeakfast, campgrounds and similar facilities subject to the criteria in WCC 23.100.050. Low intensity non -water -oriented commercial limited to resort, bed and bFeakfast, campgrounds and similar facilities, subject to the criteria in WCC 23.100.050(B)(1)(d). 23.30.095 Conservancy shoreline area - Conditional uses. The following uses may be permitted as conditional uses'subject to the applicable policies and regulations of this program: A. All other residential development. B. Low intensity water -oriented commercial limited to resort, bed and b_eakfast, campgrounds and similar facilities. Low intensity non -water -oriented commercial uses limited to resort, bed -and -bFeakfast, campgrounds and similar facilities may be permitted as a conditional use, subject to the criteria in WCC 23.100.050(B)(1)(d). Chapter 23.100 SHORELINE USE POLICIES AND REGULATIONS 1 354 May 23, 2016 Draft 23.100.050 Commercial use. Commercial development in shoreline areas shall be subject to the policies and regulations of this section and Chapter 23.90 WCC. C. Shoreline Area Regulations. 3. Urban Conservancy. Low intensity water -oriented commercial use and development limited to resort—bed---arid,-6reakfa-st, campgrounds and similar facilities may be permitted as a conditional use. Low intensity non -water -oriented commercial limited to resort, d-b-r-eakfast, campgrounds and similar facilities may be permitted as a conditional use subject to the criteria for such uses in subsection (B)(1)(d) of this section. 7. Conservancy. Low intensity water -oriented commercial use and development limited to resort.—bet}--and-breakfast, campgrounds and similar facilities may be permitted as a conditional use. Low intensity non -water -oriented commercial limited to resort-,4e br-eakfast, campgrounds and similar facilities may be permitted as a conditional use subject to the criteria for such uses in subsection (B)(1)(d) of this section. Chapter 23.110 DEFINITIONS 23.110.020 B definitions 4. "Bed and Breakfast" means a single family residence that is the primary residences of the owner in which for compensation —one to five rooms are used as sleeping units to house or lodge individuals or families for periods of less than 30 days as transient visitors with or without limited food service. 2 355 May 23, 2016 Draft 23.110.030 C definitions 6. "Commercial development" means those developments whose primary use is for retail, service or other commercial business activities. Included in this definition are developments such as hotels, motels, t edand bFeakfast establishments, shops, restaurants, banks, professional offices, grocery stores, laundromats, recreational vehicle parks, commercial rental campgrounds and cabins, whether public or private, and indoor or intensive outdoor commercial recreation facilities. Not included are private camping clubs, marinas, signs, utilities, bed and breakfasts vacation rental units, and other development. 23.110.180 R definitions 7. "Residential development" means buildings, earth modifications, subdivision and use of land primarily for human residence, including, but not limited to: single- family and multifamily dwellings, condominiums, mobile homes and mobile home parks, boarding homes, family daycare homes, adult family homes, retirement and convalescent homes, bed and breakfasts, and vacation rental units._ together with accessory uses common to normal residential use. Camping sites or clubs, recreational vehicle parks, motels; and hotels U:,::i .-he'f Us. in q are not included in this definition. 23.110.220 V definitions. 1. "Vacation Rental Unit" means a dwelling unit where the owner is not present on site during the rental period, which for compensation, is used to lodge individuals or families fora period of less than 30 days. 3 356 WMA TC041 1-01INTY COUNCIL AGENDA RILL NO. 2016-018 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Twh 10103116 10111116 COTW Exec Originator: (( (% I l� l � (� � V E `"" Session Division Head. T Dept. Head: Prosecutor: wHATCOM COUNTY COUNCIL Purchasin /Bud et: Executive: ® 1 TITLE OFDOCUMEIY equest Executive Session discussion of potential property acquisition. ATTACHMENTS: SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing ? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( x ) Requested Date: NO SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The County Executive requests an Executive Session to discuss a potential park property acquisition COMMITTEE ACTION. COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are availablefor viewing and printing on the County's website at: www.co.whatcom.wa.us/council. 357 WFIA TC041' C011NTY CnUNCIL AGENDA BILL NO. 2016-018 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 9130116 10111116 Council Committee of the Whole Nan Kaltunki �� IEEE, U, v E (Executive Session) Division Head Vk 9130116 Karen S Goens OCT 1 Dept. Head: i-IAT j COUNTY Prosecutor: e COUNCIL Purchasing/Budget: Executive: r TITLE OF DOCU ENT: N/A ATTACHMENTS: None SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes (X ) NO Requested Date: SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Strategy planning discussion and positions to be taken regarding collective bargaining. (per RCW 42.30.140(4)(a)) COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. 358 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016-253 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: �C �� C�.' �v% Health & Safety Originator: JF 7/13/16 a 3 Fvvia Y COUNCIL 81"016 Committee Division Head: 9/13/16 Introduction t. Head: Dept. e"`K�! 10/11/16 public Hea Prosecutor: RB 6128116 Purchasing/Budget: Executive: 0 TITLE OF DOC Repeal WCC Chapter 8�6a,� establish WCC Chapter 24.14. ATTACHMENTS: • Memo to Executive—WCC Chapters 8.06 and 24.14 • Ordinance_SmokingVapingInPublicPlaces • Exhibit A_County Code 24.14_SmokingVapingInPublicPlaces • Community Feedback on E-Cigarettes & Vaping SEPA review required? ( ) Yes ( X) NO Should Clerk schedule a hearing? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: The purpose of the proposed Ordinance is to repeal WCC Chapter 8.06 and establish WCC Chapter 24.14. COMMITTEE ACTION.• COUNCIL ACTION.• 8/9/2016: Discussed 9/13/2016: Introduced 7-0 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on Lme County's website at. www.co.whatcom.wa.us/council. 359 WHATCOM COUNTY Health Department Leading the community in promoting health and preventing disease. Memorandum TO: Jack Louws, Whatcom County Executive FROM: Regina A. Delahunt, Director DATE: July 20, 2016 Regina A. Delahunt Director Greg Stern, M.D. Health Officer MUM RE: Ordinance Smoking and Vaping in Public Places and Establishing WCC Chapter 24.14 The attached ordinance to be considered by the Health Board establishes Whatcom County Code Chapter 24.14 as specified in Exhibit A to adopt the Washington State Smoking in Public Places Law, Chapter 70.160 RCW, by reference and to expand the prohibition on smoking to include the use of vapor products in public places and places of employment in Whatcom County. The ordinance also repeals Whatcom County Code Chapter 8.06, incorporating its provisions into the new Chapter 24.14. The ordinance and code will provide a more comprehensive approach to regulating both smoking and vaping in public places. These regulations will positively impact emerging concerns that have been identified in Whatcom County over the past several years, as outlined in the ordinance. In January of 2016, the Public Health Advisory Board recommended County staff develop policy language to regulate vapor product use in Whatcom County. Public feedback, collected through community surveys, public listening sessions and other means, demonstrated support for regulation. These items align with the Washington State Legislature enacted ESSB 6328 in 2016, establishing Chapter 38, Vapor Products in Title 70 RCW, which allows political subdivisions to further regulate the use of vapor products in indoor public places. Please contact Joe Fuller at ext. 6045 or Amy Hockenberry at ext. 6052 if you have any questions. 509 Girard Street 1500 North State Street Bellingham, WA 98225-4005 PUBLIC HEALTH Bellingham, WA 98225-4551 (360) 676-6724 AUMAYS a�O,��UNG VOA'A SAVER AND HEALTHIER WHATCOM COUNTY (360 ) 676-4593 FAX (360) 676-6771 www.whatcomcounty.us/health FAX (360) 676-6772 360 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 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Ord inance_SmokingVaping InPubli0laces PROPOSED BY: Health INTRODUCTION DATE: ORDINANCE NO. AN ORDINANCE ADOPTING A SMOKING AND VAPING IN PUBLIC PLACES LAW WHEREAS, extensive medical and scientific research confirms that secondhand smoke is harmful to individuals who smoke and to non-smoking adults and children causing eye, nose and throat irritation, aggravating lung and heart diseases including emphysema, and is linked to various kinds of cancers; and WHEREAS, the Washington State Legislature has recognized the public health impact of secondhand smoke and enacted Chapter 70.160 RCW, the Washington Clean Indoor Air Act, and the People of the Washington State have revised Chapter 70.160 RCW through Initiative 901 to further protect the public from hazardous environmental smoke, which passed by voter approval and became effective in December 2005 as the Smoking in Public Places law; and WHEREAS, Chapter 70.160 RCW empowers local health departments to enforce the duties of owners or persons in control of public places and places of employment to ensure establishments are in compliance with the Smoking in Public Places law; and WHEREAS, Chapter 70.160 RCW authorized local health departments to adopt regulations as required to implement the chapter; and WHEREAS, vapor products including electronic cigarettes (e-cigarettes) commonly contain nicotine, a highly addictive drug that negatively impacts the developing brain and present a substantial risk of nicotine or other substance addiction; and WHEREAS, Whatcom County has experienced a significant increase in youth usage of e- cigarettes and other vapor products; and WHEREAS, local data shows that 26% of.Whatcom County twelfth grade students reported past month e-cigarette use in 2014, a nine -fold increase from 5% in 2012; and WHEREAS, Whatcom County youth report nearly twice as much e-cigarette use than combustible tobacco cigarette use; and WHEREAS, e-liquids consumed in vapor products can contain marijuana or THC concentrates and may also be used for the purpose of illegal drug use; and WHEREAS, the use of vapor products in public places and places of employment complicates enforcement of laws prohibiting smoking and use of marijuana in public places and places of employment; and WHEREAS, the use of vapor products has not been proven safe and vapor products have not been approved for use as smoking cessation aids by the United States Food and Drug Administration; and WHEREAS, scientific analysis, including by the United State Food and Drug Administration, shows the vapor or aerosol emitted by the use of vapor products contains particles of solvents, flavorings, and chemical byproducts produced in the heating process that may result in adverse health consequences from direct or passive exposure, especially 361 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 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Ord inance_SmokingVaping InPublicPlaces in vulnerable populations such as children, pregnant women, and individuals with compromised lung function or cardiovascular conditions; and WHEREAS, the lack of regulations prohibiting vaping in public places sends a mixed message to youth, may renormalize the use of nicotine, and may adversely impact the health of both vapor product users and non -users; and WHEREAS, the Washington State Legislature enacted ESSB 6328 in 2016, establishing Chapter 38, Vapor Products in Title 70 RCW, which regulates the sales and promotion of vapor products, prohibits vaping in certain public places where children congregate, and allows political subdivisions to further regulate the use of vapor products in indoor public places; and WHEREAS, Whatcom County Code Chapter 8.06 Smoking in the Workplace does not address the use of vapor products and does not prohibit smoking in public places as comprehensively as the Washington Smoking in Public Places law 70.160 RCW; and WHEREAS, the majority of public feedback received in Whatcom County supports regulation of e-cigarettes and vaping; and WHEREAS, the quality of individual citizen's health, access to clean air, and benefit to public health and safety are a priority; and WHEREAS, reduced access and exposure to smoking and vaping for children and youth promote a healthier environment. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council, acting as the Whatcom County Health Board, that Whatcom County Code Chapter 8.06 Smoking in the Workplace is repealed; and BE IT FURTHER ORDAINED that Whatcom County Code Chapter 24.14 is established as specified in Exhibit A to adopt the Washington State Smoking in Public Places Law, Chapter 70.160 RCW, by reference and to expand the prohibition on smoking to include the use of vapor products in public places and places of employment in Whatcom County. ADOPTED this day of , 20 WHATCOM COUNTY HEALTH BOARD ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council WHATCOM COUNTY EXECUTIVE APPROVED AS TO FORM: Civil Deputy Prosecutor 362 Barry Buchanan, Health Board Chair WHATCOM COUNTY, WASHINGTON Jack Louws, County Executive ( ) Approved ( ) Denied Date Signed: Whatcom County Smoking and Vaping in Public Places Exhibit A Chapter 24.14 Smoking and Vaping in Public Places Sections 24.14.010 Authority, Applicability, and Intent 24.14.020 Adoption by Reference of Chapter 70.160 RCW 24.14.030 Definitions and Local Supplemental Definitions Relative to Chapter 70.160 RCW 24.14.040 Smoking and Vaping Prohibited in Public Places and Places of Employment 24.14.050 Vaping Prohibited Within Twenty-five Feet of Public Places or Places of Employment - Application to Modify Presumptively Reasonable Minimum Distance 24.14.060 Required Signage 24.14.070 Tastings 24.14.080 Enforcement Procedures 24.14.090 Severability 24.14.100 References to State Law 24.14.110 Effective Date 24.14.010 Authority, Applicability, and Intent. A. The statutory authority for the adoption of this Chapter is provided in Chapter 70.160 RCW, Smoking in Public Places, the amendments to Title 70 RCW set forth in 2016 Washington Laws, 64th Leg., 1 st Special Session, Chapter 38, Vapor Products, and the authority of Chapter 70.05 RCW to preserve, promote, and improve the public health. B. These regulations apply to the prohibition of smoking and the prohibition of use of vapor products in indoor public places and places of employment. C. These regulations supplement but do not replace the regulations adopted by the United States Food and Drug Administration and the regulations enacted by the state of Washington and enforced by the Liquor and Cannabis Board regarding the licensure and regulation of vapor product promotions and sales at retail. D. This regulation is not intended to restrict vaping in private facilities which are occasionally open to the public, except upon the occasions when a facility is open to the public. E. This regulation does not preclude or prohibit any property owner from implementing "no smoking" Page 1 of 6 363 Whatcom County Smoking and Vaping in Public Places and/or "no vaping" policies on, or within, any property or structures under their control. F. Nothing contained in this regulation is intended to be nor shall be construed to create or form the basis for, any liability on the part of the Whatcom County Health Department or its officers, employees or agents, for any injury or damage resulting from the failure of any person subject to these rules and regulations to comply with these rules and regulations, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of these rules and regulations on the part of the Health Department. 24.14.020 Adoption by Reference of Chapter 70.160 RCW. Chapter 70.160 RCW known as Smoking in Public Places is adopted and incorporated in this Chapter by reference. 24.14.030 Definitions and Local Supplemental Definitions Relative to Chapter 70.160 RCW. Pursuant to the authority provided by Chapter 70.160 RCW and for the sake of clarity in the application of Chapter 70.160 RCW, the following local supplemental definitions relative to certain terminology found in Chapter 70.160 RCW are adopted and the following specific definitions shall apply: A. "Chapter" means a chapter in Whatcom County Code. B. "County" means Whatcom County. C. "Employee" means any individual who is employed by an employer in return for the payment of direct or indirect monetary wages, benefit, or profit, any individual who volunteers his or her services to an employer for no monetary compensation or any individual who performs work or renders services, for any period of time, at the explicit or implicit direction of an owner, shareholder, member, lessee or other person in charge of a place that is subject to the provisions of this ordinance. D. "Employer" means any person, sole proprietorship, partnership, corporation, association, nonprofit organization, or other entity of any kind that pays another person direct or indirect monetary wages, profit or provides any other benefit in consideration for such other person's providing services on the premises of the employer. "Employer" shall also mean the owner(s), shareholders or member(s) respectively of a sole proprietorship, corporation or Limited Liability Corporation, association, nonprofit organization, or other business entity. E. "Health Officer" means the Health Officer of Whatcom County, or the Health Officer's designee. F. "Indoor public place" means that portion of any building or vehicle used by and open to the public, regardless of whether the building or vehicle is owned in whole or in part by private persons or Page 2 of 6 364 Whatcom County Smoking and Vaping in Public Places entities, the state of Washington, or other public entity, and includes a presumptively reasonable minimum distance, as set forth in Section 24.14.050 of this Chapter, of twenty-five (25) feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited. Public places include, but are not limited to: Schools, elevators, public conveyances or transportation facilities, taxis, buses, for hire conveyances, museums, concert halls, theaters, auditoriums, exhibition halls, indoor sports arenas, hospitals, nursing homes, health care facilities or clinics, enclosed shopping centers, retail stores, retail service establishments, financial institutions, educational facilities, ticket areas, public hearing facilities, state legislative chambers and immediately adjacent hallways, public restrooms, libraries, restaurants, waiting areas, lobbies, bars, clubs, taverns, bowling alleys, skating rinks, casinos, reception areas, and no less than seventy-five (75) percent of the sleeping quarters within a hotel or motel that are rented to guests. "Indoor Public Place' also means any public or private place that is open to the general public regardless of whether dues, cover charges or a fee is charged or there are restrictions such as an age requirement for the privilege of admission, and includes any place used by a membership association or club at which non-member guests are present or permitted. This Chapter is not intended to restrict smoking in private facilities, which are occasionally open to the public except upon the occasions when the facility is open to the public. An indoor public place does not include a private residence unless the private residence is used to provide licensed childcare, foster care, adult care, or other similar social service care on the premises. G. "Place of employment' means any area under the control of a public or private employer which employees are required to pass through during the course of employment, including, but not limited to: Entrances and exits to the places of employment, and including a presumptively reasonable minimum distance, as set forth in Section 24.14.050 of this Chapter, of twenty-five (25) feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited; work areas; restrooms; conference and classrooms; break rooms and cafeterias; and other common areas. "Place of employment' also means an outdoor venue or workspace that is adjacent to or enjoined with a business enterprise or work environment where employees are required to pass through during the course of employment; including but not limited to food/drink service areas such as on decks or outdoor areas. A private residence or home -based business, unless used to provide licensed childcare, foster care, adult care, or other similar social service care on the premises, is not a place of employment. H. "Retail outlet' means a place of business in Whatcom County from which vapor products are sold to customers, but does not include any business licensed or endorsed for the sale of recreational or medical marijuana by the state of Washington and/or the Washington State Liquor and Cannabis Board. I. "Smoke' or "smoking" means the carrying, use or smoking of any kind of lighted, combustible, smoldering, or burning cigarette, pipe, cigar or other lighted smoking equipment including but not limited to tobacco, flavored tobacco products such as shisha, or marijuana. Page 3 of 6 365 Whatcom County Smoking and Vaping in Public Places J. "Tasting" means to try or taste a vapor product in a retail outlet where entry is restricted to persons eighteen years of age or older. K. "Vape" or "Vaping" means the use of a vapor product, or the act of inhaling/exhaling the vapor or aerosol from a vapor product. L. "Vapor product' means any: (a) device that employs a battery or other mechanism to heat a solution or substance to produce a vapor or aerosol intended for inhalation; (b) cartridge or container of a solution or substance intended to be used with or in such a device or to refill such a device; or (c) solution or substance intended for use in such a device, including, but not limited to, concentrated nicotine. "Vapor product' includes any electronic cigarettes, electronic nicotine delivery systems, electronic cigars, electronic cigarillos, electronic pipes, vape pens, steam stones, or similar products or devices, as well as any parts that can be used to build such products or devices. "Vapor product' does not include any drug, device, or combination product that has been approved by the United States Food and Drug Administration for legal sales for use as a smoking cessation product or other medical purposes, and is marketed and sold for such approved purpose. 24.14.040 Smoking and Vaping Prohibited in Public Places and Places of Employment. No person may smoke or use a vapor product in an indoor public place or in any place of employment except for the purpose of tastings within the premises of a vapor product retail outlet pursuant to amendments to Title 70 RCW set forth in 2016 Washington Laws, 64th Leg., 1 st Special Session, Chapter 38, Vapor Products. 24.14.050 Vaping Prohibited Within Twenty-five Feet of Public Places or Places of Employment - Application to Modify Presumptively Reasonable Minimum Distance. Use of vapor products is prohibited within a presumptively reasonable minimum distance of twenty-five (25) feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where use of vapor products is prohibited so as to ensure that vapor does not enter the area through entrances, exits, open windows, or other means. Owners, operators, managers, employers, or other persons who own or control a public place or place of employment may seek to rebut the presumption that twenty-five (25) feet is a reasonable minimum distance by making application to the director of the local health department or district in which the public place or place of employment is located. The presumption will be rebutted if the applicant can show by clear and convincing evidence that, given the unique circumstances presented by the location of entrances, exits, windows that open, ventilation intakes, or other factors, vapor will not infiltrate or reach the entrances, exits, open windows, or ventilation intakes or enter into such public place or place of employment and, therefore, the public health and safety will be adequately protected by a lesser distance. Page 4 of 6 366 Whatcom County Smoking and Vaping in Public Places 24.14.060 Required Signage. In addition to requirements for signs prohibiting smoking as adopted by reference from Chapter 70.160 RCW, owners, or in the case of leased or rented space the lessee or other person in charge, of a place regulated under these regulations shall post signs prohibiting the use of vapor products. Signs shall be posted conspicuously at each building entrance. Signs prohibiting the use of vapor products may be combined with signs prohibiting smoking, such as "No Smoking. No Vaping." or "No Smoking or Vaping Allowed." or "No Smoking or Vaping Allowed within 25 Feet of Doorway or Entrance." 24.14.070 Tastings. No retail outlet may offer a tasting of vapor products unless all of the following conditions are met. A. The retail outlet is licensed by the state of Washington as a vapor product retailer pursuant to amendments to Title 70 RCW set forth in 2016 Washington Laws, 64th Leg., 1 st Special Session, Chapter 38, Vapor Products, or is a vapor product retailer already in existence as of the effective date of this ordinance that has applied to the state for a license within thirty days of the Washington State Liquor and Cannabis Board prescribing the form for an application for a license, is in the process of being so licensed, and whose application has not been denied. B. Pursuant to amendments to Title 70 RCW set forth in 2016 Washington Laws, 64th Leg., 1 st Special Session, Chapter 38, Vapor Products, the retail outlet restricts entry to its premises to persons eighteen years or older, products are tasted only within the retail outlet's premises and are not removed from within the premises by the customer, and a disposable mouthpiece tip or a disposable device is used if the customer is tasting from a vapor device owned and maintained by the retailer. C. Except for the limited and immediate purpose of tasting a vapor product solution or testing a device, the retail outlet does not allow the consumption or use of any vapor products within its premises, including vapor products purchased for personal use from the retail outlet or brought into the retail outlet premises by any person, including employees. 24.14.080 Enforcement Procedures. A. The Health Officer is authorized to enforce the restrictions and requirements of this Chapter, including the imposition of Civil Penalites, in accordance with Chapter 24.07 of the Health Code and the following subsections. B. The Health Officer or his/her duly authorized inspector shall have the authority to seek entry and inspect any building, structure, property, or portion thereof, at reasonable times for the purposes of determining compliance with or enforcing the provisions of this Chapter. The Whatcom County Health Department may work with the Washington State Liquor and Cannabis Board to conduct inspections Page 5 of 6 367 Whatcom County Smoking and Vaping in Public Places to assure compliance. 24.14.090 Severability. Should any section, subsection, paragraph, sentence, clause or phrase of this Chapter be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this regulation. 24.14.100 References to State Law. Any and all reference to state statues are in effect as referenced above or as hereinafter amended by state authority. 24.14.110 Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage. Page 6 of 6 Community Feedback on E-Cigarettes & Vaping May 10, 2016 Background: Youth e-cigarette and vaporizer use has risen significantly in Whatcom County over the past few years. The Health Department collected public feedback from Whatcom County residents about potential policy options that could help to protect youth and the larger community. A community survey was disseminated to collect public feedback during the month of April, 2016. A total of 613 responses were collected during that time. A summary of those results is included in this report, including these highlights: • More than 7 in 10 (72%) supported expanding the Smoking in Public Places (SIPP) law to include e-cigarettes and vaping • 91% supported other types of regulation Please identify areas that describe you (check all that apply): Youth (under 18) 13.5495 Pared (child IMIM under 18) 36.05% Parent (child over 18) . 27.739b ' . Adult (over 28.55% 18, non-pareld) 1= College 11 5.55°% Studed Public $,$1°h Schools (sta... 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Participation also came from local businesses, including 29 retailers, 16 restaurants, 4 vape shops, 3 bars, and 1 marijuana retailer. 369 The Smoking in Public Places (SIPP) law prohibits smoking in all restaurants, bars, and indoor workplaces, among other locations. Local support for expanding SIPP to include vaping and vapor products was gauged in the survey, and found that a majority of community members supported its' inclusion. Support for expanding the Smoking in Public Places (SIPP) law to prohibit vaping? • More than 7 in 10 (72%) support including e-cigarettes an vaping h existing SIPP, with an additional 1 reporting a neutral position in � . a x Ui 'y"_eupr fi ,:t3: Although 18% indicated they were not in favor, some comments from those respondents either reflected inaccurate information "they are just water vapors," or actually cited a positive health benefit for regulations, such as clean air. Although the simple majority of each population was supportive of expanding SIPP to including vaping, strong support was demonstrated by schools representatives (staff), youth, parents of children under 18, and parents of children over 18. Even though college students showed the lowest direct support, the difference fell largely to "not sure," and not as opposed. Respondents per 2% 13% Category* 54 Schools Youth (under 18) `5 13% 10% 83 Parent (child <18) 15% 10% 221 Parent (child >18) 1803/o 10% 170 Adult (non -parent) Ym r4 24% 13% 175 College Student y.._ �,; 21% 23% 34 *respondents could identify more than one category, allowing for some duplication (613 total surveys collected; 737 categories selected for this question) Support for vape free parks quantitatively amounted to less than expansion of SIPP, but it still left roughly 80% of the population as either supportive (65%) or neutral/not sure (15%). 370 r - 4 . P,q k _'p,. t1s: 0% 10% 20% 30% 40% 50% e0% 70% 80`;0 90% 100% Yes No Not Sure Respondents answered the question "How would prohibiting vaping in public places impact you?" 613 total surveys were collected of which 230 individuals provided comments that were categorized below. A small portion of comments addressed more than one topic area (i.e. benefits of clean air as well as reduced exposure to children), in which case their response was counted in more than one topic category. • 88% of the comments were either favorable (73%) or neutral (15%) about including e-cigarettes and vaping into existing SIPP Feedback by Topic Areas Other Non 5% Restricts 5% Neutral 15% Better Community/C Benefit 19% an Air S1% .are to Chiidren 23% 371 Clean Air Exposure to Children Better Community/Other Benefit Neutral Restricting Other Non -Support Topic Areas Ranked (by frequency of comments) 0% 5% 10% 15% 20% 25% 30% 35% While responses were categorized into themes that emerged, examples of feedback received are provided. Comments supporting regulation, and comments not supporting regulation, are both included. In Favor: • "I would love to see this happen as soon as possible and I know that our community would support this. Let's do it!" • "I would be glad to keep it away from my kids" • "It would allow me to use public spaces knowing that the air will be clean and free of harmful chemicals" • "It would help protect air quality for all public space users" • "Improves the health of the community by limiting exposure to chemicals in second-hand vapor. I think it should be treated just like smoking cigarettes" • "My kids wouldn't need to worry about walking through a smoke cloud" • "The smoke and steam from vaping irritates my throat and lungs. It would make it more comfortable for me to use those spaces. I also understand that second hand vaping is harmful to my health" • "We don't always know what is being vaped" • "It would minimize the risk of my three young children getting exposed to potentially dangerous metals and other hazardous chemicals in the air" • "I think it would help with social norming and setting a positive example for young people, because they would have less exposure to it" • "My son was five when he was diagnosed with cancer. It nearly killed him. He should be allowed to enjoy parks without being affected by second hand smoke" • "As an asthmatic person, I like being able to breathe without any vaping or smoke nearby" Not In Favor: • "As an occasional smoker myself, I would be forced to limit my use in particular places" • "Restricts my rights" • "It would make it harder for me to vape when and where I would like to vape" • "I vape and go a lot of places with my children. I avoid smoking as much as possible and vaping is something I find is safer for my children" • "It would restrict my ability to enjoy public places" • "It would make it so that a lot of places can't be vaped in or around that are specifically there for that purpose" • "There'd be more people smoking and tossing butts" 372 • I would have to reconsider cigarettes at that point. They're more convenient and vaping would be just as restricted so at that point I might as well go back to them" FEEDACK FOR SUPPORTING VAPING REGULATIONS (BY TYPE OF REGULATION) The community survey included a list of potential policy options where respondents could identify their level of support. Following release of the survey, Senate Bill 6328 was passed, which either directly pre- empted local jurisdiction from taking action in these areas, or assigned regulatory authority of these items to a designated state agency. With these items acted upon at the state level, only two options are available for local action, including the expansion of SIPP to include vaping and vapor products, and restricting the use of vapor products at parks. The results of this local feedback, however, have been included below. 6 Would you like to see a local vaping ordinance include any of the following: Prohibit possession 1 Prohibit vapor product sale... ,. . .. .. Require 3e11er3 te... ' prohibit sampling ot... g`n Prohibit use of vending... .. . Prohibitthe - t use of i.Oz oupo Require -trktlen3... r Require�,,� to... retailers ., .. ., . Require retailers to... 8B%Ow 0% 10 % 20% 30% 40% 50% 60% 70% 80% 90% 100% 1 Yes a No 4 W Not Sure Yes 110 Not ' Total Sure Prohibit possession of vapor products (electronic smoking 81.32 % 11.71 % 6.96 % devices, e-liquids, and other unregulated nicotine delivery products) 479 139 51 by minors Prohibit vapor product sales to minors by requiring photo ID checks 91.00% 5.43% 3.57 % to verify age of purchaser __. _2 _ .. .,_ Require sellers to restrict youth access by placing vapor pioduc9s 85.37% 8.67 % 5,95% behind counter Pralllbft sampling of vaping products 63.08% 23.25 % 13.68% Prohibit use of vending machines for sales of vapor products unless 86.90% 8.50 % 11.59 % located in area where minors are prohibited 5i i Sa Prohibit the use of coupons except when used in persorl and when 74.02 % 13.50 % 12.48 % ID is checked 4;,3 Require reslriclions that reduce advertising exposure to yaAh 81.20 % Y:15 11.97 % ., 6.84% 40 Require retailers to display signs that state sales of vapor products 81.41 % 7.48 % 5.10% are prohibited to persons under the age of 18 `.�14 14 ,,() Require retailers to display signs about the harmful effects of 85.88% 8.50% 5.61 % nicotine and to keep away from children. at the point -of -sale 373 PUBLIC LISTENING SESSION RESULTS On May 16, 2016, a Public Listening Session was held to engage the public in discussions around potential policy options with vapor products. Twenty people people attended the event and provided input. Four individuals represented businesses, including three that represented vape shops. The following questions were asked: 1. Do you support expanding the Smoking in Public Places (SIPP) law to prohibit vaping? (The SIPP Law prohibits smoking in all restaurants, bars, and indoor workplaces, etc.). Why or why not? 2. How would prohibiting vaping in public places impact you? 3. The state will be required to regulate advertising for e-cigarettes and vaporizers. What would like them to consider? Common themes followed much of what was collected during the community survey. General themes that demonstrated support included the benefits of clean air, reduced exposure to youth, positive impacts for businesses, protection of employee heath, and a desire for vape use not to become a norm. One attendee mentioned that vape use outside of her business has already negatively impacted her customers and her business. Some transcribed comments in favor of regulation included: • Concerns about access and availability to youth • Concerns as a parent of social norms messages to kids seeing use in public places • Consistency of message/perception (bar/restaurant can give a consistent message without driving patrons elsewhere) • That the device is also used for doing drugs/other substances • It's a justice issue for workers who don't have choice to work around it or not • Concern of children, elderly, low immune system • Comfortable work environment Similarly, themes that demonstrated a lack of support included inconvenience to users of vape products, potential negative impact on businesses, use of vapor products as a cessation tool, and the desire for sampling inside vape shops. Some transcribed comments not in favor of regulation included: • Inconvenient for users • 1 believe that owners of private businesses should determine the use of vapor products in their establishment • 1 believe that the owners of private businesses to determine the appropriateness of the use of vapor in their private establishment • Consider the economic impact on business • 1 am directly opposed to limiting vaping in bars. All other private institutions (schools, government buildings, etc.) are appropriate locations to limit use • Not supportive of limiting vaping inside vape shops • Impact on vaping as a cessation tool for adults and teens • Harm reduction tool (smoking cessation tool), but not something that should be promoted as something to start • Equity to address other things that impact health of youth (sugary drinks in schools) • Like to vape while recreating in parks • Access in "adult only" spaces 374 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016-284 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: g�1 JPR 911412016 f F C E� V E D ��. 912712016 Public Works Committee &Intro. Public Division Head: JPR 911412016 SEP 2 0 2016 1011112016 Hearing/Adoption Dept. Head: �- � j -$ lNHATCOM COUNTY Prosecutor: Q� I �s COUNCIL Purchasing/Budget: Executive: -4 r TITLE OF DOCUREINT.• 2017 Annual Road Construction Program (ACP) Resolution. ATTACHMENTS: 1. Memo to County Executive and Council 3. 2017Annual Construction Program (ACP) 2. Resolution 4. Summary Sheets or Projects Funded in 2017 SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing? (X ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: 1011112016 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Resolution adopting the Whatcom County 2017 Annual Construction Program (ACP). The ACP is an integral part of the County budget process and reflects the first year of the adopted 2017-2022 Six Year Road Capital Construction Program. COMMITTEE ACTION.• COUNCIL ACTION.• 9/27/2016: Discussed 9/27/2016: Introduced 7-0 Related County Contract #. Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council. 375 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT Jon Hutchings Director Joseph P. Rutan, P.E. ¢ i County Engineer/Assistant Director a . i 322 N. Commercial Street, Ste 301 Bellingham, WA 98225-4042 Phone: (360) 778-6210 BNiK°� Fax: (360) 778-6211 Memorandum To: The Honorable Jack Louws, Whatcom County Executive, and Honorable Members of the Whatcom County Council Through: Jon Hutchings, Director From: Joseph P. Rutan, P.E., County Engineer/Assistant Director#L- Date: September 14, 2016 Re: 2017 Annual Construction Program (ACP) Requested Action: Public Works Committee work session and Introduction on September 27, 2016, followed by a Public Hearing and adoption on October 11, 2016. Background and Purpose: RCW 36.81.130 requires the adoption of the Annual Construction Program (ACP). Adoption of this program is an element of the County budget process. This ACP is identical to the 15Y year of the Six Year Transportation Improvement Program (STIP) approved on September 13, 2016. Information: A proposed resolution is enclosed for your consideration. In addition, each project that has funding available in 2017 has a project summary sheet for your review. If you have questions or require additional information, please contact me at the number provided above. 376 INTRODUCED:9..177,12(l16 RESOLUTION NO. APPROVING THE WHATCOM COUNTY 2017 ANNUAL CONSTRUCTION PROGRAM WHEREAS, pursuant to RCW 36.81.130, the Whatcom County Engineer did file with the Whatcom County Council a recommended plan for laying out, construction, maintenance and special maintenance of County roads for the fiscal year of 2017; and, WHEREAS, the Whatcom County Council held a public meeting on the 131h day of September, 2016, and has considered the testimony given as well as the recommended plan; and, WHEREAS, the Whatcom County Council had determined that said plan is necessary as nearly as practicable to the Whatcom County 2017-2022 Six -Year Transportation Program, approved by Resolution 2016-031 on September 13, 2016. NOW, THEREFORE, BE IT RESOLVED that the 2017 Whatcom County Annual Construction Program is hereby approved as shown on the attachment hereto; and BE IT FURTHER RESOLVED that no changes be made in the program without the unanimous vote of the Whatcom County Council; and BE IT FINALLY RESOLVED that the 2017 Annual Construction Program be filed with the Director of Highways of the State of Washington. APPROVED this day of , 2016. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: Dan Gibson, Chief Civil Deputy Prosecutor Barry Buchanan, Chair of the Council 377 u ._a Et a O 7 o Z d d W Eta, $o - c C c w U w w W 9 O Q � m _ u On _ E u O O J J I s E a N �a CD E E c a w C O U� o C U '.' w U d LL O Q O a LL Z n a N h K N d n s y d N N m ry m N v U r U a E N £ H m N � ` f C _ 0 O O o ono G M C oro oro oaio a w e ry iz a e o 0 0 m r � � E ' — EE ?�? LU OU O w m mL §g c o� �c A g Y N� Z '.0 e° 'm >; E m +QO LL } 10� m u .. 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E wN K N a 05 LL uL E 1 #3 E u w¢ �' nN u dm u Uamrc u ¢ u=mrc ua �a c�i¢s uu �u up U�zm¢ cLLi�m� �Qmrc U u3mm A V UJm� �� K U E a E d z _ a 7 m E o _ z a a = 379 o � S - ] � v g v it'11 p U LL w w w w w w N W o 2 v� rN 8 — E w o n � ° o w e W nt2w w w _ E u S 'o w g u 3 « c a LL a m m m E w a E o m 0 E � o e m n EE 10 � rc a m � rc 3 c E E i E I m o o KwF- m o a Kwr z" v E ¢°LLH � z m y z E m ` o m o Z o =2 = o f $ Z w c w `m u� o w p m¢ a 3 cwi 1O c�i o E E E rc c�i = E ¢ m U a — o E a A E d n z RM Whatcom County Public Works Pro ect Narrative Birch Bay Drive and Pedestrian Facility CRP #907001 Construction Funding Year(s): 2017 / 2018 / 2019 Project Narrative: This project is located parallel to Birch Bay Drive from Cedar Avenue to the mouth of Terrell Creek, in Sections 30 and 31, T40N, R1 E, and Sections 24 and 25, T40N, R1 W. This is a 1.58 mile separated berm with pathway to encourage pedestrian use along Birch Bay Drive to support safety and to protect the roadway from storm damage. In addition, the project will provide mitigation for both beach erosion and roadway protection. This project is listed #R1 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: Phase I of the Feasibility Study was completed in 2006. Phase 2A (Preliminary Construction Cost Estimate) was completed in 2007, and updated in spring of 2013. Preliminary Enginnering began in late 2013, RW acquition began in 2016 and construction is planned for 2017 / 2018 / 2019. Additional funding sources will be pursued as they become available. Total Estimated Project Cost: $11,450,000 Expenditures to Date: $1,850,000 Funding Sources: Federal $3,170,000 (STP and TAP) State $0 Local $8,280,000 Environmental Permitting Whatcom County -Shorelines; WDFW-HPA, Army Corps of Engineers, DOE; Sec 404 Clean Water Act Right -of -Way Acquisition (Estimate) $300,000 County Forces (Estimate) N/A - - - -'- -- Loomis Tr c' Flee[ Rd. _qIICh,PL.Rd Anderson Rd. Bireh 3' c � R h m ��cern% Cottonwood £3r�:er.h Birch Bay - [_ynden Rd. S BIRCH BAY w R1 03 C 4- . }.. �.; F.,,...I— Arnie Rd. BIRCH BAY Alderson Rd. Arnie R VTarteRd.E ,a 2 T 40 N ID N T 39 N - Bay Rd, Bay Rd. n m BIRCH BAY STATE PARK NTs �. • T/3rrP � X m Nhitehom- KI Grandiew Rd. rY SR 548 381 Whatcom County Public Works Project Narrative Birch Bay Drive, Embankment Repair CRP # 914014 Construction Funding Year(s): 2017 Project Narrative: This project is an embankment repair near Lora Lane in Section 30-31 of T40N, R1 E. This project is listed #R2 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: Preliminary engineering and permitting completed. Construction scheduled for 2017 pending obtaining final easements. Total Estimated Project Cost: $ 227,500 Expenditures to Date: $7,500 Funding Sources: Federal $0 State $0 Local $227,500 Environmental Permitting HPA, SEPA, County Shorelines, ACOE Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) $200,000 73 Loomis r< Flee[ Rd. � Iry Birch F,'[ ,F2t�. Anderson Rd. BirG �r�s m T i 0 eirel Cottonwood Beach eay C] Birch Bay ; Lynden Rd. BIRCH BAY T 40 N STAI L I-A_A K <1' Terra �a n rVhitehorn Grandview Rd, R2 BIRCH BAY Arnie Rd. Rd. N NTS carte Rd It t W 3 C n Arnie Rd. E Rd. 382 Whatcom County Public Works Project Narrative Lake Whatcom Boulevard, Phase II Water Quality Improvements CRP # 915009 Construction Funding Year(s): 2019 Project Narrative: This project is located approximately 1 mile east of Bellingham, in Sections 35 and 36, T38N, RK. The work will involve drainage improvements and pedestrian improvements to a 1.3 mile section of Lk Whatcom Blvd between Cable Street and Strawberry Point, addressing stormwater quality issues. This project is listed #R3 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: Survey work with associated base map and R/W research began in 2015. Preliminary design will be initiated to evaluate R/W needs, permit requirements and overall project costs. Construction time frame will be contingent on addressing funding needs along with resolution of permitting and R/W issues. Funding Sources: Total Estimated Project Cost: $ TBD Federal Expenditures to Date: $ 55,000 State Local $0 $0 $100,000 (Grant funding will be sought) Environmental Permitting SEPA, CLR/CAO, Shorelines Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) $10,000 SILVER Academy Rd. BEACH � Olsen C� DanaSd Av. N- S bare Agate Bay 4 O Y GENEVA R3 �, N f�a i � FrarrxxlZ St. NTS 42' S , SUNNYSIDE SUDDEN GALBRAITH MTN VALLEY Reveille Is I k 1 ni [ICP Whatcom County Public Works Project Narrative Horton Road Northwest Drive to Aldrich Road CRP # 916002 Construction Funding Year(s): TBD Project Narrative: This new roadway project is located between Northwest Drive and Aldrich Road in Section 2 of T38N, R2E. The work involves a'h mile of new roadway alignment, along with all the associated permitting, storm water and R/W issues. This project is listed #R4 on the 2017-2022 Six -Year Transportation Improvement Program - Project Status: Design, right-of-way, and permitting to begin in 2017 with Surface Transportation Program (STP) Grants. Construction schedule dependent upon funding agreements with City of Bellingham and other sources - Funding Sources: Total Estimated Project Cost: TBD Federal $990,000 (STP) Expenditures to Date: $20,000 State $0 Local $250,000 Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A - - — - - ---- - a Ke l ly` Rd'. Sate r R d Be` — 0) 'onR0. _ o � I 2 r v f R4 o _•___- .. ,�` �CL 4 I ; �-� KING MTN. z �_ ......--.. i f -- rays', I I � 3ellingharn k Intl eilQg9 R'tl. L. Airport=' - VV. Ba'kerview Rd. E. Bakerviewv Rd: - d jr McLead'7 Mall-i• d 0 ; Qvd }Ave. Y. 4WD . +� w r� wi ■ wr 1• `mot Whatcom County Public Project Narrative Bennett Drive, Marine Dr. to West Bakerview Rd. CRP # 916005 Construction Funding Years : 2017 Project Narrative: This road project is located in Sections 14 & 23, T38N, R2E. This project will consist of resurfacing Bennett Drive from Marine Drive to West Bakerview Road. Additionally, all curb ramps will be upgraded to current ADA (Americans with Disabilities Act) standards, signalized crosswalks will be evaluated at safe routes to school, and the roadway will be re-channelized to create bike lanes in both directions. This project is listed as #R10 on the 2017-2022 Six - Year Transportation Improvement Program. Project Status: Design and R/W will begin in 2016. Outreach and coordination with City of Bellingham and Bicycle Pedestrian Advisory Committee in 2016. Funding Sources: Total Estimated Project Cost: TBD Federal Expenditures to Date: $50,000 State Local $80,000 Environmental Permitting N/A Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A 13 A� Bellingham Intl r �'kello9 Rd. �,' e� Airport Ln. _..:� --- - - Q4 1 Country W.aakervlew Rd. :� E. Bakeryiew Rd= o�7C Y T T elif J r 0CC1 k t a Ave. otpl '� •� I ' R1U s� aw C. Cr _rSquaiiCum } - -`=!y�nsetD[_ a - SIB �; 1Afaama `St. 4 - -�-} JID ait lTJ.� r.. �• .•' o, yam. wa-ste ,__•. ) �• °�e� W halo om Gr' _ ••. i r 49 Squalicum Harbor _ , Xi14 '7J' 385 Whatcom County Public Works Proiect Narrative Marine Drive McAlpine Road to Alderwood Avenue Reconstruction and Bike/Ped Facilities CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This Marine Drive project is located between McAlpine Road and Alderwood Avenue in Section 15 of T38N, R2E. The work involves reconstruction of approximately 'h mile of roadway with emphasis on bike/pedestrian enhancements. This project is listed #R11 on the 2017-2022 Six -Year Transportation Improvement Program - Project Status: Design, permitting, R/W and construction time frames would be contingent on availability of additional grant monies to fund the project. Funding Sources: Total Estimated Project Cost: $2,550,000 Federal $0 Expenditures to Date: $0 State $0 Local $300,000 (Grant funds to be sought) Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A Ska g it � t� �, Bellingham }ketti Rd. , � Ai rp ort ' Country Ln. r W-6akerview Rd. y W, BayonJ ah �4 — �' Rd '� �� r. r� :� r lli g ; a �� A�iat ll ML QdRO t •� ��— �`� erwood Ave. _ � _ `•,�?�.I' w + -Y eelvoo c { s g ua $ NOOkS�G� � Y NT5 +, i i-- F. t: Whatcom County Public Works Project Narrative Lummi View Drive Bank Stabilization CRP # 908001 Construction Funding Year(s): TBD Project Narrative: This project is located in Section 2,T37N, R1 E. This project will consist of repair and stabilization of a ocean bluff failure that threatens a section of Lummi View Drive. This project is listed #R12 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: Survey and preliminary cost scoping to be performed in 2016. Funding Sources: Total Estimated Project Cost: $TBD Federal $0 Expenditures to Date: $2,500 State $ Local $30,000 (STIP 2016) Environmental Permitting SEPA, CLR/CAO Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Pt. Migley Legoe Bay _ Lummi Pt. ^T38N T37N terview Rd. Baer INy. C7 LUMMI NATION a Smokehouse Rd. m r Gonsetierry' — --- -- — R12 ti Y The Portage Sunrise Rd PORTAGE ISLAND 387 Whatcom County Public Works Project Narrative Lummi Nation Transportation Projects CRP #912017 Construction Funding Year(s): 2017 Project Narrative: The Lummi Nation Transportation Projects is located in Section 2, T37N, R1 E and Section 34, T38N, R1 E. This work, in fulfillment of the ferry lease obligation, involves the construction of transportation improvement projects in accordance with Exhibit C of the October 27, 2011 Uplands Lease Agreement for Lummi Island Ferry Use at Gooseberry Point. This project is listed #R14 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: Projects funds will be available for expenditure when funds of equal or greater value are matched by the Lummi Nation. Total Estimated Project Cost: $4,000,000 Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $2,000,000 Environmental Permitting N/A Right -of -Way Acquisition (Estimate) N/A County Forces (Estimate) N/A Due to the nature of this item, no map exists. Location of the new transportation projects will be determined in 2017. OZ.*] Whatcom County Public Works Prgject Narrative Point Roberts Transportation Improvements CRP # 910002 Construction Funding Year(s): 2017 Project Narrative: Point Roberts is located in T40N and T41 N, R3W. The proposed improvements would be specific to area needs and the development of projects to be funded by the Pt. Roberts Transportation Benefit District. This project is listed #R15 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: Public Works has assigned staff working with the Point Roberts Transportation Benefit District Advisory Committee to coordinate project evaluation, selection, and development. Total Estimated Project Cost: $150,000 (2017) Expenditures to Date: $4,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Point Roberts Funding Sources: Federal $0 State $0 Local $868,000 (current Transportation Benefit District funds balance) jl R 3 W CANADA i Roosevelt,Rd: USA V j Maple Beach i T41 N )T 40 N Johnson Rrd��, ` Rex Rd. •, a U.S. Lighthouse Reserve 04 Slater Road/Haxton Way CRP # Not Assigned Construction Funding Year(s): 2017 Project Narrative: This project is located on Slater Road in Section 36, T39N, R1 E. The project is to improve the intersection, thru location of a dedicated left hand turn signal, pavement, drainage, signing, and striping improvements. This project is listed #R16 on the 2017-2022 Six Year Transportation Improvement Program. Project Status: Total Estimated Project Cost: $ TBD Expenditures to Date: $ 0 Funding Sources: Federal State Local $50,000 Environmental Permitting HPA, SEPA, Sec 404, NEPA Right -of -Way Acquisition (Estimate) $ TBD - County Forces (Estimate) TBD IILLIPS 34 35 Walltine Rd. Walltine Rd. Slater Rd. UNDARY N NTS 2 c Lampman Rd. 77,er Rd- URTennant Lk. A_lrick d. L O � r �N L 32 0 - ec 2 -J VIP Slater Rd. c L Y Rayhorst Rd. c�c Sh as n �O� �r Ac LC I 0 r L iviai U - LC Z 390 Whatcom County Public Works Project Narrative East Smith Road Everson -Goshen Road to SR 542 CRP # 916006 Construction Funding Year(s): TBD Project Narrative: This East Smith Road project is located between Everson -Goshen Road and State Route 542 in Section 25 of T39N, R3E and Sections 28, 29, 30 T39N, R4E. The work will involve the pavement rehabilitation of approximately 3.25 miles of roadway. This project is listed #R17 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: Design, permitting and construction to be completed in 2017. Rural Arterial Pavement Preservation (RAPP) grant funds will be sought. Total Estimated Project Cost: $1,400,000 Expenditures to Date: $0 Funding Sources: Federal State Local $5,000 Environmental Permitting SEPA, ESA Right -of -Way Acquisition (Estimate) N/A County Forces (Estimate) N/A 3 CEDARVILL-E Q T-M �srn Wy.� 't 0 o ith R d. m + I Of i C L _ aCO ' I D 'a '.. Eberly Rd.Of }� Q ++ Harmony Rd. 41`ti `•�+ Z s 1 J ¢ ' Ke l ly Rd. LHunt let Rd. NTS r � +�+ f Lee Wy. ma �VAN WYCK Gyp' S4ual'scurn Cr• j gquaficum Lk. r 391 Whatcom County Public Works Project Narrative East Smith Road & Hannegan Road CRP # 914002 Construction Funding Year(s): TBD Project Narrative: The intersection of East Smith and Hannegan Roads is located in Sections 28, 29, 32 and 33, T39N, R3E.This project is listed #R18 on the 2017-2022 Six -Year Transportation Improvement Program. This intersection currently experiences delays due to the lack of left -turn channelization on Smith Road. The first phase of this project is to analyze a range of solutions as well as their associated benefits, limitations, and costs. Project Status: Traffic counts and warrants completed with an associated 'Alternatives Analysis' in 2014. Preliminary engineering will begin in 2016, contingent on funding and finalization of scope. Funding Sources: Total Estimated Project Cost: $ TBD Federal Expenditures to Date: $14,000 State $ Local $150,000 Environmental Permitting SEPA, ESA Right -of -Way Acquisition (Estimate) N/A County Forces (Estimate) N/A P E.4AxtJon Rd" M GS Of 0 —�v Bellinger Rd. _ I o — mX . _ j R18 L_ L Y ,> E_ Smith Rd, I r~n p ,q C I ion Rd.' n� o NTS Harmony Rd. z L Ke[lYI Rd. .�, Huntley Rd. _r M w Rd_ C _ t Van Wyck Rd. •' VAN,WYCK 392 Whatcom County Public Project Narrative Hemmi Road Flood Mitigation CRP # 916007 Construction Funding Year(s): TBD Project Narrative: This Hemmi Road Flood Mitigation project is located on Hemmi Road approximately a half mile east of Hannegan Road, located in Section 16 and 21 of T39N, R3E. Hemmi Road is submerged several months of the year at this location. This project is listed #R26 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: Preliminary engineering and alternatives analysis work began in 2016 and is expected to be completed in early 2017. Funding Sources: Total Estimated Project Cost: TBD Federal Expenditures to Date: $70,000 State Local $150,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Wiser Lk. 63Barr1i tt.Rd. T.{tt Fountain Lk. m 1L W E. PoJei Rd. 5R 544 im �EvE S E `Q C431e Adl1 It,1 Green 1 ,« £ieard Rd. f H 'de �oJ m V Central Rd. AGE [ Ten Mile Rd. E. Hemmi R 2 Fazon Lk. din Rd. MartinE. Hemmi Rd. 'l _.� � I J ,c- UIUREL .� I Rq , G05HElV E. LaurelRd. N I Gostean F r `n E. Axton Rd.. NTS S 8 M } o Nki ❑oe, _ci a g Bettinger Rd. i '0141 Whatcom County Public Works Project Narrative Innis Creek Road _ CRP # 915014 Construction Funding Year(s): TBD Project Narrative: This project is located northeast of Wickersham in Section 29, T37N, R5E. The work involves raising a quarter mile section of Innis Creek Road to mitigate flooding issues. This project is listed #R27 on the 2017-2022 Six Year Trans artation Im rovement Program - Project Status: Preliminary design and permitting work is underway with alternatives and associated costs to be developed in 2017. Funding Sources: Total Estimated Project Cost: TBD Federal $0 Expenditures to Date: $ 45,000 State $0 Local $30,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD U U- k RJJ A~d Mirror Lk.N k I WICKERSHAM'- - r Rd - Rd. R27 i LYMAN HILL WHATCOM COUNTY i r �� Whatcom County Public Project Narrative Yacht Club Rd RR Quiet Zone CRP # 915008 Construction Funding Years : 2017 / 2018 Project Narrative: This project is located in Section 30, T37N, R3E. This project proposes to upgrade the BNSF crossing to "Quiet Zone" standards. This project is listed #R30 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: Federal Application is submitted to the Federal Railroad Administration for approval; construction date pending approval and funding source. Total Estimated Project Cost: $50,000 (LID) Expenditures to Date: $5,000 Funding Sources: Federal State Local $5,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) $50,000 — funded by local improvement district (LID) Chuckanut Rock Chuckanut Is. CHUCKANUT BAY Governor's Pt. R30 Chuckan CHUCKANUT MTN. 11 r Nilir� e R d . N - I F-T S Fragrance Lk. ►Wt, I ARRARFF STATE Cedar Lk. Mud Lk. X 395 Whatcom County Public Project Narrative Airport Drive Subsurface Repair CRP # 917003 Construction Funding Year(s): 2017 Project Narrative: This project is located in Section 14, T38N, R2E. This project proposes to repair a subsurface issue on Airport Drive just west of Canterbury Lane. This project is listed #R31 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: Design, permitting and construction to be completed in 2017. Funding Sources: Total Estimated Project Cost: $300,000 Federal Expenditures to Date: $0 State Local $300,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD y Cy e agit E ollro-rfor�■■ra tib■1 1212 ♦1 �e.lr,ZVf■■■alon■�■a■ ■ �� !■r�!■r lift+*'+r+11#1■■ ■■ ... 4. ■!11 tll ■■1111�♦♦• +� ��).y■ ' alto ■yssio1■ ��IIRIEr'�►�s�r� •r ■��.'.':.' ■■■ ■s■ It ®•`►•ill ■. ■! fit. ■MI ■ 396 Whatcom County Public Works Project Narrative Potter Road South Fork Bridge No. 148 Replacement CRP #998027 Construction Funding Year(s): 2017 Project Narrative: This bridge replacement project is located in Sections 17 & 18, T38N, RSE. The existing single -lane bridge (14.5' wide & 243' in length) is Structurally Deficient and Functionally Obsolete. The replacement structure is a 360' two -span, pre- stressed and post -tensioned concrete girder bridge. Access will be maintained throughout construction as this is the only public access to the residential, agricultural and tribal community west of the river. The project is listed #61 on the 2017- 2022 Six -Year Transportation Improvement Program, and has a project -based budget. Project Status: Construction began in May 2014, and is approximately 90% complete. It is expected that construction will be completed in Fall 2016, with plant establishment and environment mitigation fully complete in early 2017. Total Estimated Project Cost Expenditures to Date: $9,600,000 $8,200,000 Funding Sources: Federal $7,074,000 BRAC State $0 Local (includes potential $1 $1,814,000 million contribution from BIA) Environmental Permitting BA, HPA, SEPA, Corps of Engrs, CLR/CAO, Shorelines, DNR Right -of -Way Acquisition (Estimate) Complete County Forces (Estimate) N/A e Mosquito Lk 397 Whatcom County Public aroiect Narrative Slater Road/Jordan Creek Bridge CRP # 915007 Construction Funding Yea S : 2017 3roject Narrative: This project is located on Slater Road in Section 34, T39N, R1 E. This project will replace an existing ieteriorated, fish impassable arch culvert conveying Jordan Creek beneath Slater Road with a new bridge. The project is isted #62 on the 2017-2022 Six Year Transportation Improvement Program. Project Status: Preliminary engineering work and alternatives analysis of culvert replacement options completed 2015. Recommended alternative of a full span bridge replacement approved by council in early 2015 and design and permitting work for new bridge underway with construction expected in 2017. Work on -going to secure outside funding for construction phase of project - Funding Sources: Total Estimated Project Cost: $6,030,000 Federal Expenditures to Date: $480,000 State Local $6,030,000 Environmental Permitting HPA, SEPA, Sec 404, NEPA Right -of -Way Acquisition (Estimate) $50,000 County Forces (Estimate) za F zt t7ouglas R~d"�'2s i J i It. 4 I Unick Rd- m �- Ulrick Rd. C a �' •�• C CoNOCO PHILLIPS � �d �a� ID* .. 3 . „ I Lawman Rd. a Wallltine Rd. 3 `w I iL T 39 N �� Wallline Rd. Slater Rd. SIB T 38 N RESERVATION BOUNDARY ' c � B2 N ° Lv Neptune Beach' ° Ri Nrs i ❑ Z m 7 �l n ko�k�ied Rivet F,d. South R�aR%"e. Rd m 2 ` a ' CGS O: RM Whatcom County Public Works Project. Narrative South Pass Road / Saar Creek - Bridge No. 212 Replacement CRP #911004 Construction Funding Year(s): 2016 Project Narrative: This project is located southeast of Sumas in Section 17, T40N, R5E. This is a project to replace the existing 31 foot structurally deficient bridge with a 50 foot bridge. This project is listed as #1134 on the 2012-2022 Six Year Transportation Improvement Program. Project Status: Desion and Dermittinci completed in 201 construction completed in 2016 and project closeout to be completed in 2017. Total Estimated Project Cost: $1,410,000 Expenditures to Date: $1,200,000 Funding Sources. Federal $ State $ Local $60,000 Environmental Permitting HPA, SEPA, SEC 404, County Shorelines Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) N/A Gc. I Hiliview Rd. Bishop Rd. R ees� � i 1 .T ! . 0 NTS I � I y��d B4 pa Limestone Rd. Qa RED M- I j 4EQL UMBIA BSeGkertidgr� Cr. VAL* EY I I I 399 Whatcom County Public Works Project Narrative Portal Way / Dakota Creek - Bridge No. 500 Seismic Retrofit CRP #910001 Construction Funding Year(s): 2016 Project Narrative: This project is located south of Blaine in Section 8, T40N, R1 E. This is a seismic retrofit project to mitigate the risk of failure in the event of a seismic event. This project is listed #135 on the 2017-2022 Six Year Transportation Improvement P ram. Project Status: Construction completed in November of 2015, mitigation planting work completed in 2016 and project closeout to be completed in 2017. Funding Sources: Total Estimated Project Cost: $4,048,6004 Federal $3,000,000 (BR) Expenditures to Date: $3,970,000 State $0 Local $1,048,604 Environmental Permitting HPA, SEPA, SEC 404, NEPA, County Shorelines Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) None / :1P '- i Sweet Rd. T YTON HARBOR DRA B5 Hoier.4d. West Rd. N JZ Ha II Rd. 00 ��, wTs Hoy t 6 'a C,, 'McGee - Rd. I Rd. C. y?0 �. CI'� Lj q� Lincoln Rd, Rd. Loomis Trail R �,��F�� Rd. = aJx �°/� Whatcom County Public Works Projec.t Narrative Jackson Road / Terrell Creek - Bridge No. 81 Replacement CRP # 917004 Construction Funding Year(s): TBD Project Narrative: This project is located near Birch Bay in Section 31, T40N, R1 W. This is a project to replace the existing 62-foot structurally deficient bridge. This project is listed #1136 on the 2017-2022 Six Year Transportation Improvement Program. Project Status: Preliminary design and permitting to begin in 2017 with construction time frames to be contingent upon availability of grant funds. Funding Sources: Total Estimated Project Cost: $TBD Federal $0 Expenditures to Date: $ 0 State $0 Local $50,000 Environmental Permitting Right -of -Way Acquisition (Estimate) County Forces (Estimate) TBD TBD TBD ci = B Cre BIRCH BAY t Arnie Rd. { Arnie Rd. Alderson Rd. N Tarte Rd TTS L-i]6 � 'relf Wy, oo m 7 m - �C.. m 40 N CO 39 N Bay Rd. Bay Rd. m BIRCH BAY E PARK e Trr mmA n a Kl ul ` Rd mGrandview 401 Whatcom County Public Works Pro'ect Narrative N. Lake Samish Road Bridge No. 107 Replacement Study CRP # 913006 Construction Funding Year(s): TBD Project Narrative: This project is located on Lake Samish in Section 27, T37N, RK. This project will perform an engineering analysis on replacement options for this existing 250-foot timber bridge. This project is listed #1138 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: Preliminary engineering work began in 2016 with completion of a type, size and location report expected in early 2017 to aid in determining the bridge replacement type. Anticipate applying for BRAC funds for final design and construction phase in 2017. Funding Sources: Total Estimated Project Cost: TBD Federal $0 Expenditures to Date: $175,000 State $0 Local $500,000 Environmental Permitting TBD Right -of -Way Acquisition TBD County Forces TBD CHUCKANUT MTN. Cedar Lk. ice Lk. BEE STATE ARK Lost Lk. Pine Lk. ash pr. EEL�7�i >.0uua�F °'fe Mud Lk. "Of" A Ir 1 n BLANCHARD MTN. sQ a a WHATCOM COUNTY 402 Whatcom County Public Works Project Narrative _ Hannegan Road Bridge No. 236 Replacement CRP # 913007 Construction Funding Year(s): TBD Project Narrative: This project is located on Hannegan Road between Central and Ten Mile Roads in Section 16, T39N, R3E. This is a project to replace the last 31-foot channel beam bridge on the Hannegan Road. This old design is not suited for the volume of truck traffic present on the Hannegan Road. This project is listed #B9 on the 2017-2022 Six Year Transportation Improvement Pro ram. Project Status: Project design and permitting work expected to be completed in 2017. Rural Surface Transportation Program (STP) Funds have been obtained for the construction of the project. Funding Sources: Total Estimated Project Cost: TBD Federal $40,00 Expenditures to Date: $ 110,000 State $0 Local $20,00( 0 (STP Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces N/A 3G V E-Bartlett' Rd� aOOi c 9 ? C .Y E. Pole Rd. SR 544 . _ r 4544 Green Lk. Beard Rd. �e Cr ro m J Central Rd. N 89 rars aC Ten Mile Rd. OD U E. Hemmi Rd. � E. Hemmi Rd. ' v Ten LAUREL su r E. Laurel Rd. �1 403 Whatcom County Public Works Project Narrative Roberts Road/Anderson Creek, Bridge No. 249 CRP # 915020 Construction Funding Years : 2018 Project Narrative: This project is located west of Deming in Section 19, T39N, R4E. This is a bridge replacement project. This project is listed #1310 on the 2017-2022 Six Year Transportation Improvement Program. Project Status: BRAC Funding secured in 2015. Preliminary design and permitting work underway with construction scheduled in 2018. Funding Sources: Total Estimated Project Cost: $2,000,000 Federal $1,100,000 (BR) Expenditures to Date: $240,000 State $0 Local $900,000 Fazon Lk. M�>YRd Osgood Rd. azo GOSHEN X Goshen Rd E. Hoff Rd. B10 Ha�j�y v SITS t o -a Q. OC ,p ¢ CEDARVILLE c 0 m �n'1 LU �E. Smith Rd. _ : Mi M Whatcom County Public Works Project Narrative Massey Road/Sumas River, Bridge No. 291 CRP # 915016 Construction Funding Years : 2017 Project Narrative: This project is located east of Everson in Section 5, T39N, R4E. This is a project to replace the deck on this structurally deficient bridge. This project is listed #11311 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: Preliminary design and permitting is underway with construction scheduled in 2017. Funding Sources: Total Estimated Project Cost: $235,000 Federal $0 Expenditures to Date: $25,000 State $0 Local $235,000 Environmental Permitting HPA, SEPA, Shorelines Right -of -Way Acquisition N/A County Forces (Estimate) $200,000 405 Whatcom County Public Works Project Narrative W. Badger Road/Bertrand Creek Bridge No. 50 CRP # 915024 Construction Funding Year(s): TBD Project Narrative: This project is located west of Lynden in Section 12 & 14, T40N, R2E. This is to replace this structurally deficient bridge. This project is listed #1312 on the 2017-2022 Six Year Transportation Improvement Program. Project Status: BRAC funding obtained in 2015. Preliminary engineering work started in 2016 and will be on -going in 2017. L Funding Sources: Total Estimated Project Cost: TBD Federal $120,000 (BR) Expenditures to Date: $205,000 State $0 Local $50,000 Environmental Permitting Right -of -Way Acquisition (Estimate) County Forces (Estimate) TBD TBD TBD Barnhart Rd. y U CCS 11� t � E C ,x -M W CD a 47 CM N C o a ICE �j NTS 5R W B oc I �i C Q ® L ...�. f ; is Trail Rd. i E. Main St. j LYNDEN Tramp Rd. M Whatcom County Public Works Project Narrative Slater Road / Nooksack River Bridge No. 512 Overheight Detection CRP #914013 Construction Funding Year(s): TBD Project Narrative: This project is located on Slater Road at the Nooksack River in Section 6, T38N, R2E. This is an overheight detection/warning system project. The project is listed #1314 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: Preliminary design work to beoin in 2017. Funding Sources: Total Estimated Project Cost: TBD Federal $0 Expenditures to Date: $1,500 State $0 Local $30,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A pman Rd. E �� 'V :3 ' . Lr o ` �. ILO LL m Q lZ Sunset Ave. Q7 Slater Rd. � 1 a I �, Slater Rd. x Rayhorst B 14 Cs = j `Rd. I z tiv r D t� I N 'm 1 NT s p? Marietta Av. Lost Lk. 010 �0 Zl -E �a a Skagit �I Q U � Kwina Rd. c Bellingham Intl zt Air ort 407 Whatcom County Public Works Project Narrative Refurbish / Upgrade of the Whatcom Chief CRP #910012 Construction Funding Year(s): TBD Project Narrative: This project involves the upgrade and preservation of the current ferry to Lummi Island, M/V Whatcom Chief. The project definition will address safety, accessibility and reliability concerns associated with the approximately 50 year old ferry This project is listed #F1 on the 2017, 2022 Six Year Transportation Improvement Program. — Project Status: Opportunities for project funding will be reviewed as they become available. Total Estimated Project Cost: TBD Expenditures to Date: $2,000 Environmental Permitting Right -of -Way Acquisition (Estimate) County Forces (Estimate) Funding Sources: Federal _ $0 State $0 Local $5,000 None Required None Required N/A M/V Whatcom Chief Whatcom County Public Works Project Narrative Ferry Dock Electrical and Painting Project CRP #916020 Construction Funding Year(s): 2018 Project Narrative: This project includes electrical improvements and painting of the approach spans and towers at both ferry terminals. This project is listed #F2 on the 2017-2022 Six Year Transportation Improvement Program. Project Status: Design and permitting work began in 2016 with construction anticipated in 2018. Funding Sources: Total Estimated Project Cost: $1,290,000 Federal $ Expenditures to Date: $90,000 State $ Local $1,290,000 Environmental Permitting HPA, SEPA, CORPS 404, COUNTY SHORELINES Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) I N/A Pt. Migley ,�, LUMMI NATION r! ' Smokehouse Rd. Fern PL Village Pt, I I PORTAGE ISLAND I I Point Francis E' • Whatcom County Public Works Project Narrative Lummi Dolphin and Breakwater Replacement CRP :NGI AM 5 Construction Funding Year(s): TBD Project Narrative: This project includes replacing the three remaining timber dolphins and southerly breakwater at the Lummi Island ferry terminal. These structures were constructed in the mid 1980's and are reaching the end of their service life. This project I is listed #F3 on the 2017-2022 Six Year Transportation Improvement Program. Project Status: Federal Ferry Boat Program funds have been obtained for this project. Design and permitting work is underway Total Estimated Project Cost: TB Expenditures to Date: $7 5 Funding Sources: D Federal $60,000 (FBP) '000 State $ Local $15,000 Environmental Permitting HPA, SEPA, CORPS 404, COUNTY SHORELINES Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) N/A odd_ Pt. Migley LUMMI NATION pSmokehouse Rd. z fie, �c Lummi Pt. e�@� FernPL ~---- — 39 N GvoseDary �o-------- - Pt. 38 N Centarvfelw Rd. �� N y05 wy F3 Village Pt. Ln3r} Boy R,f Legoe Bay The Portage A a � S of 7� M r, m Z E?. PORTAGE ISLI N❑ Sunrise Rd j I Point Franci! ter. 410 Whatcom County Public Works Pro'ect Narrative Various Bridges Rehabilitation / Replacement CRP #917005 Construction Funding Year(s): 2017 _ Project Narrative: This item provides funding to address unanticipated bridge rehabilitation and/or replacement. It is listed #Y1 on the 2017- 2022 Six Year Transportation Improvement Program. Project Status: Design and construction to occur as necessary Funding Sources: Total Estimated Project Cost: $1,750,000 Federal Expenditures to Date: N/A State Local Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD $1,750,000 (STIP 2017-2022) Due to the nature of this item, no map exists. Council review and prioritization will be sought at the appropriate times. 411 Whatcom County Public Works Project Narrative Right of Way Acquisition CRP # 917006 Construction Funding Year(s): 2017-2022 Project Narrative: This item addresses the unanticipated need for Right -of -Way that may arise during a given year that requires immediate action. This project is listed #Y2 on the 2017-2022 Six Year Transportation Improvement Program. Project Status: N/A. Total Estimated Project Cost: $180,000 Expenditures to Date: Environmental Permitting ! TBD Right -of -Way Acquisition (Estimate) County Forces (Estimate) TBD N/A Funding Sources: Federal $0 State $0 Local $180,000 Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. 412 Whatcom County Public Works Project Narrative Construction Funding Year(s): Unanticipated Site Improvements CRP # 917007 2017 - 2022 Project Narrative: This Annual Construction Program item addresses the unanticipated project(s) that may arise during a given year that require immediate action due to safety concerns, environmental factors, traffic volumes, accident history, funding or grant availability and other issues not related to an existing program project. This project is listed #Y3 on the 2017-2022 Six Year Transportation Improvement Program. Project Status: It is anticipated that the design and construction of Total Estimated Project Cost: $1,800,000 Expenditures to Date: roiects will occur vearly as the needs and locations are determined. Funding Sources: Federal $0 State $0 Local $1,800,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. 413 Whatcom County Public Works Pro'ect Narrative Stormwater Quality Improvements CRP # 917008 Construction Funding Year(s): 2017 - 2018 Project Narrative: This project varies in location. Identification and prioritization to be addressed and reviewed through County Council. This project is listed #Y4 on the 2017-2022 Six Year Transportation Improvement Program. Project Status: Design and construction will be completed in 2017/2018. Funding Sources: _ Total Estimated Project Cost: $345,000 Federal $0 Expenditures to Date: State $0 Local $345,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate [,Du�eto im. 414 Whatcom County Public Works Project Narrative Non -motorized Transportation CRP # 917009 Construction Funding Years : 2017 - 2022 Improvements Project Narrative: This program item addresses the need to identify and prioritize non -motorized projects for future consideration. Projects would include pedestrian and bike facilities (eg: sidewalks, trails, shoulder widening) in various locations around the county. This project is listed #Y5 on the 2017-2022 Six Year Transportation Improvement Program. Project Status: It is antici ated that the design and construction of Total Estimated Project Cost: $600,000 Expenditures to Date: Environmental Permitting Right -of -Way Acquisition (Estimate) County Forces (Estimate) TBD TBD TBD will occur yearly as the needs and locations are determined. Funding Sources: Federal $0 State $0 Local $600,000 Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. 415 Whatcom County Public Works Project Narrative Fish Passage Project rRP :9017n1n Construction Funding Year(s): 2017 — 2018 Project Narrative: This project is for the design and construction of fish passage projects. This project is listed #Y6 on the 2017-2022 Six Year Transportation Improvement Program. Project Status: Design will begin in 2016 with construction of the first project scheduled for 2017. Funding Sources: Total Estimated Project Cost: TBD Federal $0 Expenditures to Date: N/A State $0 Local $220,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. 416 Whatcom County Public Works Project Narrative Railroad Crossing Improvements CRP # 917011 Construction Funding Year(s): 2017 - 2022 Project Narrative: Locations to be determined. Identification and prioritization to be addressed. This project is listed #Y7 on the 2017-2022 Six Year Transportation Improvement Program. Project Status: Locations and prioritization of projects is on -going. Negotiations with BNSF will be a factor on timing and cost. Funding Sources: Total Estimated Project Cost: $120,000 Federal $0 Expenditures to Date: - 0 - State $0 Local 1 $120,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. 417 Whatcom County Public Works Project Narrative Construction Funding Year(s): Neighborhood Traffic Calming CRP # 917012 2017 - 2022 Project Narrative: Locations to be determined. Identification and prioritization to be addressed Six Year Transportation Improvement Program. This project is listed #Y8 on the 2017-2022 Project Status: It is anticipated that the design and construction of projects will occur yearly as the needs and locations are determined. Funding Sources: Total Estimated Project Cost: $300,000 Federal $0 Expenditures to Date: - 0 - State $0 Local $300,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Due to the nature of this program item, no map exists time. Council review and prioritization will be sought at the appropriate WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2016-272 CLEARANCES I Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Gary Davis (,5-�o �!✓f`z `7 /(, �� 5�� L �� E � V E I�� 911312016 P&D Committee/ Council Introduction Division Head: Mark Personius 9-io—ti" 10/11/16 Hearing Dept. Head: f Pam Ryan f ((� q ®CEP 0 I Prosecutor: ,,,.�/ Royce Buckingham I -'V — WHATCOM COUNTY PurchasinglBudget: NY COUNCIL Executive: Jack Lows TITLE OF DOe0YE1V T: Ordinance adopting amendments to Whatcom County Code Title 20 Zoning, relating to commercial and industrial land uses in limited areas of more intensive rural development ATTACHMENTS: 1. Staff Memorandum 2. Draft Ordinance, Zoning Code Amendment — Title 20 Zoning 3. Staff Report 4. Planning Commission Findings SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes (X ) NO SEPA review completed? ( x ) Yes ( ) NO Requested Date SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Ordinance adopting amendments to Whatcom County Code Title 20 Zoning, relating to commercial and industrial land uses in limited areas of more intensive rural development. COMMITTEE ACTION. COUNCIL ACTION: 9/13/2016: Discussed and amended for introduction 9/13/2016: Substitute Introduced 7-0 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: PLN2016-00007 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. 419 WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-778-5900, TTY 800-833-6384 360-778-5901 Fax Memorandum RI' .7. E. "Sam" Ryan ECEMED JACK L um COUNTY EXECUTIVE TO: The Honorable Jack Louws, Whatcom County Executive The Honorable Whatcom County Council FROM: Gary Davis, AICP, Senior Planner / THROUGH: Mark Personius, AICP, Assistant Director ,.? DATE: August 29, 2016 SUBJECT: LAMIRD Development Regulations - Title 20 Amendments At the September 13, 2016 Planning and Development Committee meeting, PDS has scheduled discussion of proposed amendments to Title 20 Zoning that would allow for greater flexibility for commercial and industrial land uses in designated Rural Communities (limited areas of more intensive rural development, Type I LAMIRDs). The Planning Commission has recommended approval and the draft ordinance is scheduled for introduction at the September 13 County Council meeting. The amendments would add or amend two specific uses based on inquiries PDS has received by property owners concerning uses that are similar to permitted uses. The first proposed amendment would allow contractors' business office uses, including outdoor storage of equipment, as a permitted use in the Rural General Commercial (RGC) zone (WCC 20.59.051(7)). Various other services are listed as permitted uses in RGC, including professional offices (WCC 20.59.051(3)), as are rental storage establishments and automobile and equipment sales, rental, repair services (WCC 20.59.053 and .054). A contractor's office with outside storage of equipment would likely be compatible with these other permitted uses in terms of intensity. The second would amend a current administrative approval use in the RGC district. Currently, "Assembly and manufacturing of prefabricated wood building and components" is an administrative use, but when a property owner earlier this year proposed a facility for manufacturing and assembling meta/ components, PDS staff determined that it could not be not be permitted under this description (WCC 20.59.152(1)). Staff has proposed language that would remove the distinction between materials, and require that all work be conducted within a building, similar to a restriction already placed on automotive and equipment repair in RGC (WCC 20.59.054(1)). RGC currently contains performance standards that limit noise and emissions (WCC 20.59.750). 420 In addition, the proposal would add to commercial and industrial zones in Rural Communities a provision for the zoning administrator to permit uses that are similar to permitted and administrative approval uses in that zone, much like the current provision in LII (WCC 20.66.078). The affected zones are Rural General Commercial (RGC), Neighborhood Commercial (NC), Small Town Commercial (STC), Resort Commercial (RC), General Manufacturing (GM), and Rural Industrial and Manufacturing (RIM). These zones exist exclusively within Type I LAMIRDs except for RC, which also exists in the Birch Bay urban growth area, and RIM, which also exists in the Birch Bay-Lynden/I-5 Type III LAMIRD. The proposed amendments would not allow development beyond the size, scale, use, or intensity that existed in the Type I LAMIRDs in 1990, and would be consistent with state law and Whatcom County Comprehensive Plan policies. If you have any questions about the amendments, please call Gary Davis, Senior Planner, at extension 5931. Attachments: Draft ordinance Staff Report Planning Commission Findings and Recommendations 2 421 8-22-2016 ORDINANCE NO. PROPOSED BY: INTRODUCTION DATE: 9/13/2016 ADOPTING AMENDMENTS TO WHATCOM COUNTY CODE TITLE 20 ZONING, RELATING TO COMMERCIAL AND INDUSTRIAL LAND USES IN LIMITED AREAS OF MORE INTENSIVE RURAL DEVELOPMENT WHEREAS, Whatcom County Planning and Development Services has proposed amendments to Whatcom County Code Title 20 Zoning; and WHEREAS, The Whatcom County Council reviewed and considered Planning Commission recommendations, staff recommendations, city recommendations, advisory committee recommendations, Tribal government comments, and public comments on the Comprehensive Plan update; and WHEREAS, The County Council hereby adopts the following findings of fact: FINDINGS OF FACT 1. Whatcom County Planning and Development Services has submitted an application for amendments to WCC Title 20 Zoning regarding commercial and industrial uses in designated limited areas of more intensive rural development (LAMIRDs). 2. A determination of non -significance (DNS) was issued under the State Environmental Policy Act (SEPA) on July 8, 2016. 3. Notice of the subject amendment was submitted to the Washington State Department of Commerce on June 30, 2016. 4. Notice of the Planning Commission public hearing for the amendments was published in the Bellingham Herald on July 1, 2016. 5. The Planning Commission held a public hearing on the proposed amendments on July 14, 2016. 6. The Growth Management Act (GMA) allows for designation of LAMIRDs and establishes limits for development within LAMIRDs. 7. Within Type I LAMIRDs, GMA requires that, "Any development or redevelopment in terms of building size, scale, use, or intensity shall be consistent with the character of the existing areas," i.e. the areas where the more intensive uses existed in 1990. 8. In 2011 Whatcom County amended its Comprehensive Plan to add policies that comply with GMA's requirements for development and redevelopment within LAMIRDs. Page 1 of 2 422 9. In 2012 Whatcom County amended its development regulations to comply with GMA, while retaining original specific descriptions of commercial and industrial uses. 10. Whatcom County PDS has received inquiries about permitting uses that are similar in intensity to uses that are currently permitted, but do not fall within the current descriptions of those uses. 11. The proposed amendments address specific use descriptions as well as providing a mechanism for administratively permitting similar uses. 12. The administrative permitting process requires notice to surrounding property owners and compliance with Comprehensive Plan policies. CONCLUSIONS 1. The amendments to the zoning code are the public interest. 2. The amendments are consistent with the Whatcom County Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. Amendments to the Whatcom County Code are hereby adopted as shown on Exhibit A. ADOPTED this day of , 2016. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON ATTEST: Dana Brown -Davis, Council Clerk APPROVED as to form: Civil Deputy Prosecutor Barry Buchanan, Chairperson ( ) Approved ( ) Denied Jack Louws, Executive Date: Page 2of2 423 September 13, 2016 EXHIBIT A Whatcom County Code Title 20 Zoning Chapter 20.59 RURAL GENERAL COMMERCIAL (RGC) DISTRICT 20.59.050 Permitted uses. Unless otherwise provided herein, permitted and conditional uses shall be administered pursuant to the applicable provisions of Chapter 20.80 WCC (Supplementary Requirements) and Chapter 20.84 WCC (Variances, Conditional Uses and Appeals). In a rural community designation, nonresidential uses listed below are permitted if a use of the same type existed in that same rural community designation on July 1, 1990, per WCC 20.80.100(1). In a rural business designation all uses are permitted. Residential type uses listed below are permitted in rural community and rural business designations. .051 Retail and office type uses (1) Mobile home and recreational vehicle sales. (2) Indoor commercial recreation facilities such as bowling alleys, skating rinks, indoor theaters and physical fitness centers. (3) Service establishment including but not limited to barber and beauty shops, laundries, dry cleaners, furniture repair, frozen food lockers, funeral parlors, animal hospitals, auction houses, financial institutions, fraternal organizations and professional offices. (4) Retail establishments including but not limited to grocery, liquor, drug, sundries, variety, building supplies, clothing, florist, nurseries, optical, sporting goods, appliance, music, pet stores and marijuana retail facilities. 1 424 September 13, 2016 (5) Printing and publishing establishments. (6) Mini -day care centers and day care centers. 7 Construction contractors' business offices including outdoor storage of equipment. 052 Storage and warehousing type uses. (1) Rental storage establishments. .053 Restaurant type uses. (1) Eating and drinking establishments. 054 Automotive and equipment repair type uses. (1) Automobile, motorcycle, marine and farm implement sales, rental agencies, repair and service; provided, that all repair services are conducted within an enclosed building. (2) Automobile service stations, car washes and public garages. 20.59.150 Administrative approval uses. In a rural community designation, uses listed in WCC 20.59,150 below may be administratively permitted pursuant to WCC 20.84.235 if a use of the same type existed in that same rural community designation on July 1, 1990, per WCC 20.80.100(1). In a rural business designation, all uses listed in WCC 20.59.150 may be administratively permitted. The zoning administrator may administratively permit other uses similar in nature to the permitted uses listed in WCC 20.59.050 or 20,59.150 that the zoning administrator determines to be consistent with the purpose and intent of the district have similar effects on surrounding land u_uses, and can meet the performance standards for this district. 151 Storage/warehouse type uses. (1) Outdoor storage of durable and nondurable goods; provided neighboring uses are adequately screened. 2 425 September 13, 2016 .152 Manufacturing/fabrication type uses. (1) Fabrication, aAssembly., ands manufacturing of building and mechanical equipment or of building components. Chapter 20.60 .131 The zoning administrator may administratively permit pursuant to WCC 20 84 235 other uses similar in nature to the permitted uses listed in WCC 20.60.050 that the zoning administrator determines to be consistent with the up, rpose and intent of the district have similar effects on surrounding land uses, and can meet the performance standards for this district. Chapter 20.61 SMALL TOWN COMMERCIAL (STC) DISTRICT 20.61.150 Administrative approval uses. In a rural community designation, uses listed in WCC 20.61.150 betaw may be administratively permitted pursuant to WCC 20.84.235 if a use of the same type existed in that same rural community designation on July 1, 1990, per WCC 20.80.100(1). In a rural business designation, all uses listed in WCC 20.61.150 may be administratively permitted. The zoning administrator may administratively permit other uses similar in nature to the permitted uses listed in WCC 20.61.050 or 20.61.150 that the zoning, administrator determines to be consistent with the purpose and intent of the 3 w:s� September 13, 2016 district, have similar effects on surrounding land uses, and can meet the performance standards for this district. Chapter 20.64 RESORT COMMERCIAL (RC) DISTRICT 20.64.130 Administrative approval uses. In a rural community designation, uses listed in WCC 20.64.130 belew may be administratively permitted pursuant to WCC 20.84,235 if a use of the same type existed in that same rural community designation on July 1, 1990, per WCC 20.80.100(1). In a rural business designation, all uses listed in WCC 20.64.130 may be administratively permitted. The zoning administrator may administratively permit other uses similar in nature to the permitted uses listed in WCC 20.64.050 or 20.64.130 that the zoning administrator determines to be consistent with the purpose and intent of the district, have similar effects on surrounding land uses, and can meet the performance standards for this district. 101, = �$ M GENERAL MANUFACTURING (GM) DISTRICT .131 The zoning administrator may administratively permit pursuant to WCC 20.84.235 other uses similar in nature to the permitted uses listed in WCC 20.67.050 that the zoning administrator determines to be consistent with the purpose and intent of the district, have similar effects on surrounding land uses, and can meet the performance standards for this district. 4 427 September 13, 2016 Chapter 20.69 RURAL INDUSTRIAL AND MANUFACTURING (RIM) DISTRICT 20.69.130 Administrative approval uses. 2^.W-T In a rural community designation, uses listed in WCC 20.69130 may be administratively permitted pursuant to WCC 20.84.235 if a use of the same type existed in that same rural community designation on July 1, 1990, per WCC 20.80.100(1)._In a rural business designation, all uses listed in WCC 20.69.130 be-ie-w--may be administratively permitted. The zoning administrator may administratively permit other uses similar in nature to the permitted uses listed in WCC 20.69.050 or 20.69.130 that the zoning administrator determines to be consistent with the purpose and intent of the district, have similar effects on surrounding land uses and can meet the performance standards for this district. 5 File # PLN 2016-00007 LAMIRD Zoning Amendments Whatcom County Planning & Development Services Staff Report LAMIRD Zoning Code Amendment I. BACKGROUND INFORMATION File # PLN2016-00007 File Name: Title 20 Zoning Code Amendments - LAMIRD Zones July 5, 2016 Staff Report Applicants: Whatcom County Planning and Development Services (PDS) Summary of Request: Amend Whatcom County Code Title 20 Zoning to provide greater flexibility for commercial and industrial land uses in designated Rural Communities (limited areas of more intensive rural development, or LAMIRDs). Location: County -wide. Staff Recommendation: Approval. The proposal adds clarity to the County's development regulations regarding commercial and industrial uses in LAMIRDs. Background The Growth Management Act (GMA) generally prohibits relatively intensive uses outside urban growth areas, but allows for three types of "limited areas of more intensive rural development" (LAMIRDs). The first and most common of these types applies to areas that had been characterized by more intensive rural development in 1990, the year the GMA was enacted. Per GMA, in a Type I LAMIRD, "Any development or redevelopment in terms of building size, scale, use, or intensity shall be consistent with the character of the existing areas," i.e. the areas where the more intensive uses existed in 1990. RCW 36.70A.050(d)(i). In 2011 Whatcom County adopted into its Comprehensive Plan policies consistent with the GMA's requirements for LAMIRDs. Those plan amendments also designated several areas that met the GMA description of Type I LAMIRD as "Rural Community." In general, these Rural Community areas allow for local services in the rural area, providing convenient access and employment for rural residents without having to travel to urban centers. This is consistent with another GMA description of a Type I LAMIRD, that development or redevelopment, other than an Page 1 of 6 429 File # PLN 2016-00007 LAMIRD Zoning Amendments July 5, 2016 Staff Report industrial area, "must be principally designed to serve the existing and projected rural population." RCW 36.70A.050(d)(i)(B). In 2012 the County amended its development regulations to ensure that permitted commercial and industrial uses and building sizes were consistent with building sizes and uses that existed in each LAMIRD in 1990. Permitted uses that were already listed in the zoning districts within the Rural Community designations were divided into broader categories, or "types" of uses, and building size limits by type were placed in a table in WCC 20.80.100(1). The limits in the table were based on research PDS had done to document which types of uses existed in each Rural Community area in 1990, and if they existed, what was the largest building size (and cumulative lot coverage) for each use type. For each of the County's zoning districts, the zoning code lists permitted uses, uses permitted through an administrative approval process, and uses permitted through a conditional use permit process.' The list of uses fit the GMA's description of an area principally serving the rural population, allowing a range of commercial services along with some limited manufacturing and fabrication. The permitted uses and administrative approval uses described in the code are often very specific, and leave little room for flexibility in allowing a use that is similar to a listed permitted use "in terms of building size, scale, use, or intensity" but does not fall within the specific description of any permitted use. This inflexibility needlessly limits economic development options within the areas designated for more intensive rural development. Currently one County zoning district allows the zoning administrator flexibility in determining permitted uses. The Light Impact Industrial (LII) lists among its permitted uses, "Other uses similar in nature to the uses listed above which are consistent with the purpose and intent of the district, have similar effects on surrounding land uses, and can meet the performance standards for this district." The LII zone exists in some of the County's urban growth areas, but does not exist in any LAMIRDs. No other County zoning district has a similar provision. U. ZONING CODE AMENDMENT The current draft code amendments (attached) would add or amend two specific uses based on inquiries PDS has received by property owners concerning uses that are similar to permitted uses. The first would allow for contractors' business office 'Permitted uses are permitted outright, while administrative approval uses require review by PDS staff and notice to surrounding property owners. Conditional uses require a conditional use permit, which involves notice to surrounding property owners as well as a public hearing by the Hearing Examiner. Page 2 of 6 430 File # PLN 2016-00007 LAMIRD Zoning Amendments July 5, 2016 Staff Report uses, including outdoor storage of equipment, as a permitted use in the Rural General Commercial (RGC) zone (WCC 20.59.051(7)). Various other services are listed as permitted uses in RGC, including professional offices (WCC 20.59.051(3)), as are rental storage establishments and automobile and equipment sales, rental, repair services (WCC 20.59.053 and .054). A contractor's office with outside storage of equipment would likely be compatible with these other permitted uses it terms of intensity. The second would amend a current administrative approval use in the RGC district. Currently, "Assembly and manufacturing of prefabricated wood building and components" is an administrative use, but when a property owner earlier this year proposed a facility for manufacturing and assembling meta/ components, PDS staff determined that it could not be not be permitted under this description (WCC 20.59.152(1)). Staff has proposed language that would remove the distinction between materials, and require that all work be conducted within a building, similar to a restriction already placed on automotive and equipment repair in RGC (WCC 20.59.054(1)). RGC also contains performance standards that limit noise and emissions (WCC 20.59.750). In addition, the proposal would add to commercial and industrial zones in Rural Communities a provision for the zoning administrator to permit uses that are similar to permitted and administrative approval uses in that zone, much like the current provision in LII. The affected zones are Rural General Commercial (RGC), Neighborhood Commercial (NC), Small Town Commercial (STC), Resort Commercial (RC), General Manufacturing (GM), and Rural Industrial and Manufacturing (RIM). These zones exist exclusively within Type I LAMIRDs except for RC, which also exists in the Birch Bay urban growth area, and RIM, which also exists in the Birch Bay-Lynden/I-5 Type III LAMIRD. Unlike the existing provision in the LII district, the proposed language would require an administrative approval permit process, which involves notice to surrounding property owners within 1,000 feet (300 in an urban growth area) and evaluation per the criteria in WCC 20.84.235, which includes compliance with requirements of the zoning district and comprehensive plan policies. Any party of record can appeal the decision. III. COMPREHENSIVE PLAN EVALUATION The proposed zoning code amendments would retain measures that contain development of Type I LAMIRDs per GMA, while allowing greater flexibility, allowing for continued economic development in rural areas. They are therefore consistent with the following policies of the Whatcom County Comprehensive Plan: Page 3 of 6 431 File # PLN 2016-00007 LAMIRD Zoning Amendments July 5, 2016 Staff Report Policy 2JJ-1: Areas designated as Rural Communities shall meet the criteria stated in this chapter and the requirements of RCW 36.70A.070(5)(d)(i), which describes limited areas of more intensive rural development consisting of the infill, development, or redevelopment of existing commercial, industrial, residential, or mixed -use areas, including necessary public facilities and public services to serve the limited area. Policy 233-4: Within the Rural Communities, encourage adequate economic development to provide current and future residents' employment needs, and provide rural residents places to shop, eat, and access to public services. Policy 211-5: Within Rural Communities development or redevelopment in terms of size, scale, use, or intensity shall be consistent with the character of the area on July 1, 1990. Policy 233-7: Land uses within Rural Communities, except for industrial uses, should be principally designed to serve the existing and projected rural population. In considering an administrative permit for a use similar to those already permitted, the zoning administrator would be required to ensure compliance with Comprehensive Plan policies, per WCC 20.84.235(3)(b). Compliance with Policy 2JJ- 5 above would ensure compliance with GMA's standards for development in LAMIRDs. IV. PROPOSED FINDINGS OF FACT AND REASONS FOR ACTION Staff recommends the Planning Commission adopt the following findings of fact and reasons for action: Whatcom County Planning and Development Services has submitted an application for amendments to WCC Title 20 Zoning regarding commercial and industrial uses in designated limited areas of more intensive rural development (LAMIRDs). 2. A determination of non -significance (DNS) was issued under the State Environmental Policy Act (SEPA) on , 2016. 3. Notice of the subject amendment was submitted to the Washington State Department of Commerce on June 30, 2016. 4. Notice of the Planning Commission public hearing for the amendments was Page 4 of 6 432 File # PLN 2016-00007 July 5, 2016 LAMIRD Zoning Amendments Staff Report published in the Bellingham Herald on July 1, 2016. 5. The Planning Commission held a public hearing on the proposed amendments on July 14, 2016. 6. The Growth Management Act (GMA) allows for designation of LAMIRDs and establishes limits for development within LAMIRDs. 7. Within Type I LAMIRDs, GMA requires that, "Any development or redevelopment in terms of building size, scale, use, or intensity shall be consistent with the character of the existing areas," i.e. the areas where the more intensive uses existed in 1990. 8. In 2011 Whatcom County amended its Comprehensive Plan to add policies that comply with GMA's requirements for development and redevelopment within LAMIRDs. 9. In 2012 Whatcom County amended its development regulations to comply with GMA, while retaining original specific descriptions of commercial and industrial uses. 10. Whatcom County PDS has received inquiries about permitting uses that are similar in intensity to uses that are currently permitted, but do not fall within the current descriptions of those uses. 11. The proposed amendments address specific use descriptions as well as providing a mechanism for administratively permitting similar uses. 12. The administrative permitting process requires notice to surrounding property owners and compliance with Comprehensive Plan policies. V. PROPOSED CONCLUSIONS 1. The amendments to the zoning code are in the public interest. 2. The amendments are consistent with the Whatcom County Comprehensive Plan. VI. RECOMMENDATION Planning and Development Services recommends the Planning Commission forward the proposed amendments to the County Council with a recommendation of approval. Page 5 of 6 433 File # PLN 2016-00007 LAMIRD Zoning Amendments ATTACHMENTS A. Draft zoning code amendments Page 6of6 July 5, 2016 Staff Report 434 File # PLN2014-00011 July 14, 2016 LAMIRD Zoning Code Amendment Planning Commission Recommendations, Page 1 WHATCOM COUNTY PLANNING COMMISSION LAMIRD Commercial and Industrial Uses Zoning Code Amendment FINDINGS OF FACT AND REASONS FOR ACTION 1. Whatcom County Planning and Development Services has submitted an application for amendments to WCC Title 20 Zoning regarding commercial and industrial uses in designated limited areas of more intensive rural development (LAMIRDs). 2. A determination of non -significance (DNS) was issued under the State Environmental Policy Act (SEPA) on July 8, 2016. 3. Notice of the subject amendment was submitted to the Washington State Department of Commerce on June 30, 2016. 4. Notice of the Planning Commission public hearing for the amendments was published in the Bellingham Herald on July 1, 2016. 5. The Planning Commission held a public hearing on the proposed amendments on July 14, 2016. 6. The Growth Management Act (GMA) allows for designation of LAMIRDs and establishes limits for development within LAMIRDs. 7. Within Type I LAMIRDs, GMA requires that, "Any development or redevelopment in terms of building size, scale, use, or intensity shall be consistent with the character of the existing areas," i.e. the areas where the more intensive uses existed in 1990. 8. In 2011 Whatcom County amended its Comprehensive Plan to add policies that comply with GMA's requirements for development and redevelopment within LAMIRDs. 9. In 2012 Whatcom County amended its development regulations to comply with GMA, while retaining original specific descriptions of commercial and industrial uses. 10. Whatcom County PDS has received inquiries about permitting uses that are similar in intensity to uses that are currently permitted, but do not fall within the current descriptions of those uses. 435 File # PLN2014-00011 July 14, 2016 LAMIRD Zoning Code Amendment Planning Commission Recommendations, Page 2 11. The proposed amendments address specific use descriptions as well as providing a mechanism for administratively permitting similar uses. 12. The administrative permitting process requires notice to surrounding property owners and compliance with Comprehensive Plan policies. CONCLUSIONS 1. The amendments to the zoning code are the public interest. 2. The amendments are consistent with the Whatcom County Comprehensive Plan. RECOMMENDATION Based upon the above findings and conclusion, the Whatcom County Planning Commission recommends approval of the proposed amendments as shown on Exhibit A. WHATCOM COUNTY PLANNING COMMISSION Nicole Oliver, Chair -7- a 0 —Ac Date Becky B r x, Secretary I lr Date Commissioners present at the July 14, 2016 meeting when the vote was taken_ Kelvin Barton, David Hunter, Michael Knapp, Nicole Oliver, Andy Rowlson, and Michael Vekved. Vote: Ayes: 6, Nays: 0, Abstain: 0, Absent: 4. Motion carried to adopt the above amendment. 436 WHAI L'UM (-'UUNTY CUUNCIL AGENDA BILL NO. 2016-291 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: DA j?1 I li F E� V E D 9127 Introduction Division Head: 10/11 Hearing Dept. Head. DAA SEP 2 0 2016 WHATTCOM COUNTY Prosecutor: JC.(/ �yy f ❑ �� {] Purchasing/Budget: COUNCIL Executive: TITLE OF DOCUA NT: Amending Whatcom County Code Section 1.14, Electoral Precincts, to Replace the "Book of Election Precinct Maps" after Amending Certain Election Precinct Boundaries due to Adoption of New Council District Boundaries Approved by the Redistricting Committee and Other Recommended Precinct Boundary Changes Requested by the Auditor ATTACHMENTS: Ordinance & ExhibitA SEPA review required? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( x ) NO Should Clerk schedule a hearing? ( x ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Changes are needed to correct certain precinct boundary lines in the "Book of Election Precinct Maps" referred to in Whatcom County Code Section 1.14 due to changes in council district boundaries subsequent to approval by the voters of Charter revisions at the General Election of 2015 and proposed by the County Redistricting Committee as outlined on the attached Exhibit A. Further changes to amend other precinct boundaries are requested by the County Auditor to balance some precincts where warranted as also outlined on Exhibit A. Due to labelling on all the precinct boundary maps contained in the "Book of Election Precinct Maps," referred to in County Code 1.14 "Election Precinct Boundaries," all maps will be substituted and the new "Book of Election Precinct Maps" will be adopted by reference and available through the Whatcom County Council Office and online through the Election page at the Whatcom County Auditor's Office homepage. COMMITTEEACTION: COUNCILACTION. 9/27/2016: Introduced 7-0 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. 437 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 30 31 32 33 34 35 36 37 38 39 40 41 42 PROPOSED BY: Auditor INTRODUCTION DATE: 9/27/16 ORDINANCE NO. AMENDING CERTAIN ELECTION PRECINCT BOUNDARIES AND APPROVING NEW PRECINCT BOUNDARIES AS NECESSARY TO THE BOOK OF ELECTION PRECINCT MAPS WHEREAS, as a result of the voters approving an amendment to the County Charter changing the number of County Council districts to be comprised of five (5) commissioner districts electing one commissioner per district and two additional at -large commissioner positions, and WHEREAS, RCW 29A.16.050(1) mandates that every voting precinct must be wholly within a single congressional district, a single legislative district, and a single district of a county legislative authority; and WHEREAS, the duly appointed County Re -Districting Committee, met to establish proposed changes to the County Council District boundaries which were adopted on July 12, 2016; and WHEREAS, the County Auditor, in reviewing the election precincts currently existing and seeing the need to re -balance the size of certain precincts, is recommending additional changes, and WHEREAS, such changes are outlined in the attached table labeled "Exhibit A," and WHEREAS, the "Book of Election Precinct Maps" referred to in Whatcom County Code Sec. 1.14 which outlines the approved precincts for the county shall be replaced in its entirety and substituted with the attached "Book of Election Precinct Maps," and WHEREAS, RCW 29A.16.0070 provides the County Auditor shall transfer and notify any registered voters that may be affected by the change in boundaries. MW 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the Book of Election Precinct Maps shall be replaced with the attached new Book of Election Precinct maps which shall be effective January 1, 2017. ADOPTED this day of ATTEST: Dana Brown -Davis, Clerk of the Council APPROVED AS TO F RM Rayc am Civ'rDepbfy Prosecutor . 2016. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Jack Louws, County Executive ( ) Approved ( ) Denied Date Signed: 2 439 c v � m •y M �J N M ri "a V v M mm N ri N m N m m r-I a) E E l0 Ln lD Z ZA LA rM-I emi r-I c-I N � M � 0 M ri � � � C U C m O 4-1 CL N U a1 C m = � O N C E Ou O a a 3 0 -0 C U) Lf) a)U s C U L!1 O 2k ULr) tD LnM *k v 'U *k M r-I 2k Lr) — O C OD O O 7 O U c o U c i r o U U 00 O N O V sZ CU 3 3 U U M c Y a) c C 3 CU � 3 r1 'n u a O 4-O O N C (y) 1 Lr) � M Q O L ri r-I R M C Ln CO r-I to r I *k u U M vi Ocu U N -O c � a) '� a) E r I Q. 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CA De-Fol ket 445 N 4 4 I*q T'O'-'. 603 CIE 234 235 237 a P53 lb Ava y� - a IM a 2, _ 238 act National.Geographic's current map policy Sources Esn, DeLorme. HERE UNEP-WCMC, USGS, NASA, GEBCO, NOAA, increment P Corp 446 206 206 do F.- .11111..r 208 2`4 216 223 227 17 5 225 447 WHATCOM COUNTY COUNCIL AGENDA BILL No. AB2016-257 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: CliStrong 64 "1116 f1 E C E p❑ E ID �-=� V I�j} �`C SEP U 6 2016 9113116 Natural Resources Division Head: Mark vision soad: e 8'31'�� 9/27/2016 INat. Res./Intro. Dept. Head: Sam Ran � ,3/& 10/11/2016 Public Hearing Prosecutor: �y 2 Royce Buckin WHATCOM COUNTY Purchasing/Budget: COUNCIL Executive: Jack Louws u 1 l� ��Ij TITLE OF T. An ordinance amending Chapters 20.51, 20.71, 20.80, 20.85, 20.97 and Title 21 of the Whatcom County Code to make Low Impact Development (LID), a stormwater and land use strategy that strives to mimic natural hydrologic processes, the preferred approach to site development by minimizing impervious surfaces, native vegetation loss, and stormwater runoff. ATTACHMENTS: A. Staff memo dated 8/30/163 B. Draft Ordinance Effecting the Proposed Code Amendments C. Map of NPDES Phase II Permit Area and Special Stormwater Districts SEPA review required? ( X ) Yes ( ) NO Should Clerk schedule a hearing? ( X ) Yes ( ) NO SEPA review completed? ( X ) Yes ( ) NO Requested Date: October 11, 2016 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Whatcom County is considering amendments to Chapters 20.51, 20.71, 20.80, 20.85, 20.97 and Title 21 of the Whatcom County Code to integrate Low Impact Development (LID) principles and Best Management Practices (BMPs) into the County's codes and standards in order to meet the state's 2014 NPDES Phase 2 Permit requirements. A secondary goal is to simplify the County's stormwater regulations (there are currently six different sets of regulations for eight different geographic areas of the County). The draft proposal includes revisions to the County's land use codes (Titles 20 and 21) and development standards, adoption of the 2014 Ecology Stormwater Manual (outright in urban (NPDES) areas of the County and with raised thresholds in the rural areas), and restructuring of the watershed/stormwater management areas. COMMITTEE ACTION: COUNCIL ACTION: 9/13/2016: Presented and discussed 9/27/2016: Introduced 7-0 9/27/2016: Discussed and forwarded to Council for Introduction Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wauslcouncil. M , j7 WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-676-6907, TTY 800-833-6384 360-738-2525 Fax Memorandum J.E. "Sam" Ryan Director E C E V E TO: The Honorable County Council SEP 16 2016 Jack Louws, County Executive WHATCOM COUNTY FROM: Cliff Strong, Senior Planner COUNCIL THROUGH: Sam Ryan, Director SIB_ DATE: 16 September 2016 SUBJECT: Proposed Low Impact Development/Stormwater Simplification Ordinance - Responses to Questions Posed by Council On 13 September 2016, staff presented to the Natural Resources committee some proposed amendments to our stormwater regulations to: (1) Incorporate Low Impact Development (LID) principles into stormwater regulations, and (2) to consolidate and simplify our stormwater regulations countywide. Council had some request for information, and posed some questions that needed some thought and research. This memo is intended to provide those answers. Information Requested Council asked for two items: 1. List of Stakeholders Advisory Committee (SAC) members. Participation in the SAC was solicited via the County's website, the Bellingham Herald, and direct emails to potentially interested people and organizations. Members of the SAC included: ■ Ben Gibson, 2020 Engineering • Bret Beaupain, RH2 Engineering ■ Gabe Ng, Amorterra Engineering & Consulting ■ Greg Morgan, Amorterra Engineering & Consulting • Jason Porter, City of Bellingham • JP Slagle, Freeland Engineering • Mark Buehrer, 2020 Engineering • Mark Sandal, City of Lynden • Nathan Row, APC Engineers • Rhett Winter, Wilson Engineering • Rob Fadden, City of Sumas • Steve Banham, City of Lynden • Tim Ellis, Lummi Nation • Wendy Larocque, City of Ferndale 2. Full-sized hard copies of the PowerPoint presentation given on 13 September 2016. A hard copy was provided, but multiple slides to a page. Full-sized slides are attached. Questions Asked In addition, Council asked numerous questions, the responses to which are as follows: 3. What issues were raised at the 29 June 2016 BIAWC workshop? a. What level of detail should be shown on site plans, as it relates to showing locations of native vegetation or areas for stormwater management? Staff Response: In general, we've tried to keep it as simple as possible. For site plans required for a development permit - We're not proposing to change the requirements other than adding that one has to show the location and type of stormwater facilities (if required) and the location of trees to be retained, which can be shown in groups or overall area as defined by the canopy. For tree removal applications not associated with a development permit (WCC 20.51.430(2)(a) and WCC 20.71.354(2)(a)) - The site plan can be a site "sketch" that a homeowner or lay person could complete without any detailed knowledge of the site that may require consultant assistance to prepare. They can group trees into stands, use aerial photos, etc. For tree removal applications associated with a development permit (WCC 20.51.440(2)(a)(i) and WCC.71.356(2)(a)(i)) - A site plan with the following components: (1) North arrow; (2) Property boundaries; (3) Existing structures; (4) Site access; (5) Tree canopy areas to be removed; (6) The outer dripline of tree canopy areas to be retained; (7) Critical areas including, but not limited to, slopes, wetlands, and habitat conservation areas; (8) Protection measures to be used for areas that will be undisturbed; and, (9) Areas to be replanted pursuant to subsection (4) of this section. Most of these items are required on the development site plan anyways; the only new items would be (5) and (9). For Notice on Title (WWC 20.51.420(3)(a)(i) - A site plan to scale, showing the location and descriptions of stormwater facilities, treatment BMPs, terrain features, protective native growth areas, and stormwater flow paths. b. Rural short plats (very low density) should be exempt from stormwater management, or showing native vegetation on site plans. Staff Response: Rather than exempting certain types of permits or base applicability on density, it seemed that a fairer way was to set applicability thresholds based on how much impervious or hard surface one's proposing to install. This would also give incentive to minimize impervious/hard surfaces, and to use LID. c. The proposed amended thresholds should be based on a percentage of lot coverage that is covered with hard surfaces instead of square footage of hard surface. 2 450 Staff Response: Staff's initial draft was just based on area of hard surface, but it is now based on both area and/or percentage, in part due to this comment. d. The County should accept a falling head test for infiltration testing. Staff Response: Our regulations allow for any method of infiltration testing that is signed off by an engineer. So yes, we would accept a falling head test if that's what the engineer stamped. 4. Council asked two questions regarding the fire code, including: a. Why does PDS require a 60' buffer for fire truck access? And could rights -of - way be narrowed? Seems unnecessary and adds impervious surfaces. Staff Response: Unfortunately, the Fire Marshal is on vacation until 9/26, so we can't give you an answer yet. We will request his presence at the next presentation on 9/27. b. How are we balancing tree retention vs. fire safety measures? Specifically, best practices for fire safety include a 30-foot no -vegetation buffer around structures. What if someone is at their canopy removal limit, but needs to remove more to provide this fire buffer? Staff Response: First, realize that the tree retention regulations would only apply in the Special Watershed Districts, not the majority of the County. Secondly, most people are more likely to remove trees from around their house first (to obtain sunlight, keep leaves off their roofs, etc.) rather than away from their house. And third, the 30-foot no -vegetation buffer (a.k.a, 'defensible space"') is not a regulation 2, but a Best Practice promoted by the fire safety agencies and insurance companies, so there isn't a code conflict. That said, it's still a practice that PDS would rather encourage than discourage or preclude. We could include language indicating a preference for retaining trees outside of the defensible space and that the director will consider removal of trees within that space in excess of the allowance. 5. Tree retention questions posed by Council: a. If someone is to maintain a certain percentage of tree canopy, but the County (or WSDOT) obtains some of their property for right-of-way and diminishes that canopy, what happens? Staff Response: According to Joe Rutan, County Engineer, there are very few places where the County (or WSDOT) needs additional rights -of -way in the Special Stormwater Districts; at most only on a few corners. Therefore, this shouldn't come up except in those few instances. And if it does, Mr. Rutan assures us that the County would have to pay for any diminution in property value due to their action. Additionally, it should be pointed out that if we do shrink a property by obtaining right-of-way, the percentage International Wildland-Urban Interface Code (IWUIC) §603. And the 30-foot rule is for moderate risk areas; the width is higher for higher risk areas, up to 100 feet. Z Though such a regulation is included in the IWUIC, it has not been adopted by the State yet, but may be sometime in the future. 4531 calculation is also changed, so the percentage of tree canopy may stay the same or even increase, depending on where trees are located. b. Should we regulate/encourage people to remove more deciduous than conifers, especially if they're removing a lot of trees? Staff Response: Staff considered addressing this, but decided not to favor certain species over others since we're doing this for stormwater (rather than aesthetics or other reasons) and all trees perform the same in that respect. If Council wishes, we could add a sentence that encourages protection of one type over another, but in staff's experience, statements of encouragement are rarely heeded. c. Are the proposed hazard tree removal regulations consistent with those of the Shoreline Management Program (SMP)? Staff Response: Yes. Regarding the removal of hazardous trees, the SMP (WWC 23.16.060) refers to the Critical Areas Ordinance (WWC 16.230(f), which exempts the removal of hazardous trees as a regulated activity). PDS Policy PL2-86-002U further provides guidance to staff on how to permit the removal of hazardous trees in (and outside) the shoreline jurisdiction, and requires a Tree Risk Assessment from a qualified arborist. So basically, these rules would still apply, and being the stricter rules, would still require a Tree Risk Assessment from a qualified arborist if in the shoreline jurisdiction. The proposed rules for areas outside of critical areas or shoreline jurisdiction are much simpler/cheaper for the homeowner in that staff has the ability to ascertain whether it's a hazard tree or not. d. Will we track cumulative loss of tree canopy? Staff Response: Staff did not propose tracking cumulative loss over time, as we didn't really know what direction Council wanted to go. But this could easily be done using aerial photos. If this is something Council would like to do (and it seemed so during our discussion), we would suggested starting the clock on January 1, 2017, using the best available information. (There are several sources we would turn to, each having different dates.) To this end, we have added the phrase "and as measured cumulatively" to WCC 20.51.430(4), 20.51.440(3), 20.71.354(4), and 20.71.356(3), and a definition of "existing tree canopy area" (WCC 20.97.121.05) to mean "the tree canopy area in existence as of January 1, 2017, using best available information." (See revised ordinance, attached.) 6. How would these stormwater regulations affect someone with a failing septic system? What if the required stormwater management system takes up the room that someone needs for a replacement septic/drainfield area? Staff Response: Staff does not believe that this would be a prevalent occurrence, though concedes it could happen. In that case, we would have to prioritize the most important, and given that septic is a health issue space for a replacement septic system would prevail. 7. What's the typical cost to landowners under these proposed rules? Staff Response: Cost is difficult to estimate given the myriad variables (soil type, vegetation, amount and type of hard surface area proposed, slope, etc.). 4 452 However, within the NPDES II areas and Special Watershed Districts we don't believe there will be any significant additional costs, since the 2014 DOE Manual or our Development standards already applies within. And since in the remainder of the County we have proposed applicability thresholds high enough that (we believe) the majority of typical single family residential and agricultural uses would fall beneath, we don't think most people would see additional costs, at least nothing significant. For other, larger uses (plats, short plats, commercial uses, etc.), there may be some additional costs, though much of those already have to treat stormwater in some manner per the Development Standards. Our best guess is that those applicants proposing large areas of hard surface on small lots would be the most likely to see increased costs, though even this can be mitigated by the use of LID principles. We've heard that stormwater systems range from $7,000 - $15,000, though what the increased cost of using the DOE Manual verses our current Development Standards, we can't say. 8. Would conversion from forestland to blueberries (or other crops, we presume) trigger stormwater management? Staff Response: It appears that if one is converting forestland to crops, the DOE Manual would apply. Theoretically, one would have to hire an engineer to do the analysis and propose a mechanism for treating stormwater and control its flow (as well as implementing a Temporary Erosion and Sedimentation Control (TESC) plan during the logging phase). However, in speaking with various jurisdictions (including DOE) no jurisdictions enforce this. Yet we can't find any language in their codes that exempt it. In a nutshell, it's not addressed; they just somehow ignore it. Thus, it appears Council has two options. One is to adopt the proposed language of 20.80.631 (Exemptions), which while exempting most agricultural activities expressly does not exempt conversion of forest to agriculture, and staff would need to figure out how to apply the manual. 20.80.631 2 Commercial agriculture practices as defined in the 2012 Washington State Qe artment of Ecology Stormwater Management Manual for Western Washington, as amended involving working the land for l2roduction are generally exempt. However, the conversion from timberland to agriculture, and the construction of impervious surfaces are not exempt. The second would be to remove the phase "the conversion from timberland to agriculture" from the above exemption, which then would exempt such conversions from stormwater review. 9. Councilmember Brenner noted that there was an instance of the word "simply" used instead of "simplify." Staff Response: That misuse was in the staff memo. It doesn't need to be corrected in the ordinance. 5 453 SPONSOREDBY-. PROPOSED BY: INTRODUCTION DATE: ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 20.51, 20.71, 20.80, 20.85, 20.97 AND TITLE 21 OF THE WHATCOM COUNTY CODE TO MAKE LOW IMPACT DEVELOPMENT (LID), A STORMWATER AND LAND USE STRATEGY THAT STRIVES TO MIMIC NATURAL HYDROLOGIC PROCESSES, THE PREFFERED APPROACH TO SITE DEVELOPMENT BY MINIMIZING IMPERVIOUS SURFACES, NATIVE VEGETATION LOSS, AND STORMWATER RUNOFF. WHEREAS, the Clean Water Act provides the statutory basis for the National Pollutant Discharge Elimination System (NPDES) Permit Program and the basic structure for regulating the discharge of pollutants from point sources to waters of the United States; and WHEREAS, a requirement of the NPDES Western Washington Phase II Municipal Stormwater Permit (NPDES Permit) under which the County has coverage directs the County to implement and enforce a program to reduce pollutants in stormwater runoff to a regulated small MS4 from new development and redevelopment; and WHEREAS, a performance measure of controlling runoff from new development and redevelopment is to implement an ordinance or other enforceable mechanism that addresses runoff from new development, redevelopment; and WHEREAS, a Special Condition under the NPDES Permit requires Permittees to review, revise and make effective within their local development -related codes, rules and standards to incorporate and require low impact development (LID) principles and best management practices (BMPs) on or before December 31, 2016; and WHEREAS, the intent of these revisions is to make LID the preferred and commonly -used approach to site development by minimizing impervious surfaces, native vegetation loss and stormwater runoff in all types of development situations; and WHEREAS, Whatcom County has shown a commitment to protecting and restoring receiving water bodies through a variety of watershed and basin plans; and WHEREAS, after public notice as required, the Whatcom County Planning Commission held a public hearing on July 28, 2016, reviewed the public record, and made a recommendation regarding the proposed low impact development code updates to the County Council; and WHEREAS, the County Council has adopted the following Findings of Fact: 454 Page 1 of 46 SPONSORED BY: PROPOSED BY; INTRODUCTION DATE. FINDINGS OF FACT 1. The purpose of the proposal to amend Chapters 20.51, 20.71, 20.80, 20.85, 20.97 and Title 21 of the Whatcom County Code is to make LID the preferred and commonly -used approach to site development. 2. The proposed amendments have been drafted in response to staff and consultant recommendations, public comment, and recommendations by the Planning Commission. The amendments as proposed minimize impervious surfaces, native vegetation loss, and stormwater runoff from all types of development. 3. In addition to the creation of a project website and the formal adoption process, public participation was solicited through the formation of Stakeholder Advisory Committee, comprised of designers, developers, engineers and representatives from other agencies such as neighboring cities and tribes. Six stakeholder meetings were held between September 2015 and July 2016 where the committee provided input on revisions to policies, codes and standards. 4. An open house was held with the Building Industry Association of Whatcom County on June 29, 2016. Comments raised included questions about who would be responsible for maintenance of LID facilities located within the right-of-way, and a proposal to link stormwater management requirements outside of the NPDES Phase II Permit area to the percentage of lot coverage, rather than square footage. 5. The Whatcom County designated SEPA Official (lead agency) reviewed the proposed amendments to Chapters 20.51, 20.71, 20.80, 20.85, 20.97 and Title 21 of the Whatcom County Code and made a determination that no probable significant adverse impacts to the environment would be likely to occur as a result of adopting the proposed amendments. This decision was made after a review of the completed SEPA Environmental Checklist on file with the lead agency, referenced under File No. SEP2016-00075. A 14-day comment period ending on August 19, 2016 was established for the DNS. No comments were received. At the conclusion of the comment period, a 10 day appeal period was established. No appeals to the determination were filed. 6. On August 22, 2016, a "60 Day Notice of Intent to Adopt Amendment" was submitted to the Washington State Department of Commerce via email in regards to the subject amendments. On August 23, 2016, the Washington State Department of Commerce replied to confirm that the County had fulfilled this requirement, and that the 60 Day Notice was filed for reference under Material ID 22753. 7. Notice of the Planning Commission public hearing scheduled for July 28, 2016 was sent to citizens, the media, cities and other groups on the County's email list on July 15, 2016. 8. The Planning Commission held a scheduled public hearing on,the proposed amendments on July 28, 2016. 9. The Planning Commission held a work session on the subject amendments following the public hearing on July 28, 2016. An additional work session/deliberation was held on August 11, 2016. 10. At the July 28, 2016 public hearing and the August 11, 2016 work session/deliberation, only one member of the public testified to the Planning Commission, who spoke about the proposed Page 2 of 46 455 SPONSORED BY: PROPOSED BY: INTRODUCTION DATE: amended thresholds for stormwater management outside of the NPDES Phase II Permit area and Stormwater Special Districts. The thresholds for when the minimum requirements are triggered for stormwater management for development outside of the NPDES Phase II Permit area and Stormwater Special Districts are proposed to be based on land use intensity. 11. During the work session of the July 28, 2016 meeting, Planning Commissioners directed staff to explore a number of items related to the subject amendments including: ■ Providing information of the costs of LID BMPs required by the Stormwater Management Manual and the impacts of adopting the amended thresholds County- wide on single-family residential and agricultural land uses. ■ Reorganizing the tables in WCC 20.80.630, such that the tables are separated for the thresholds in the Special Stormwater Districts and all other areas in the County outside of the NPDES Phase II Permit area and the Special Stormwater Districts. • Clarify the sections on tree retention in WCC 20.51 and 20.71 such that the titles stand out and are easy to follow. • Revise the definition for significant tree such that it is located with the other tree definitions in WCC 20.97 and the diameter at breast height for which a tree is considered significant is raised from the original proposal of 6 inches, to 12 inches for evergreen trees and 8 inches for deciduous trees. A number of minor changes to wording such that the language is clarified and removes ambiguity or contradictory statements. 12. Between the first and second Planning Commission meetings, staff and their consultants conducted research on the costs of LID BMPs and the impact of adopting the amended thresholds on single-family residential and agricultural land uses. Staff and their consultants prepared responses to the issues raised by the Planning Commission in a memorandum dated August 2, 2016 and drafted a new "Attachment A" (dated August 11, 2016) to reflect Planning Commission changes resulting from the July 28, 2016 meeting. 13. At the Planning Commission meeting held August 11, 2016 meeting, after considering staff's responses and recommendations, and public comment, Planning Commissioners deliberated on the subject amendments through a series of motions, and voted to recommend that the Whatcom County Council adopt amendments to the text of the Whatcom County Code, Titles 20 and 21, with direction for staff to make the edits as so motioned during the work session, described below and shown in "Attachment A" attached to this ordinance: • The site plan required for tree removal applications in WCC 20.51 and WCC 20.71 is edited to be a site "sketch" that a homeowner or lay person could complete without any detailed knowledge of the site that may require consultant assistance to prepare. ■ Penalties may be assessed for tree removal without a permit. Trees that are not replaced may be subject to a fine. ■ The land use intensity table in WCC 20.80.630 is amended such that single-family residential uses on lots greater than or equal to 25,000 square feet are considered "low intensity" land uses for the purposes of determining if the minimum requirements for Page 3 of 46 456 SPONSORED BY: PROPOSED BY: INTRODUCTION DATE: stormwater management are triggered. This was lowered from 1 acre lots, thus encompassing more single-family residential lots in the low intensity land use category, rather than medium intensity land use category. The minimum requirements for single- family residential uses on lots greater than 25,000 square feet are limited to a stormwater site plan, erosion and sediment controls during construction, and preserving natural drainage or wetlands if they exist on the site. A note was added to the table that these requirements do not likely require preparation by a qualified professional. ■ A number of minor text changes were made for clarification purposes or to resolve formatting issues. 14. Pursuant to Whatcom County Code 20.90.050, Whatcom County Planning and Development Services has evaluated the proposed amendments in relationship to the goals, objectives and policies of the Whatcom County Comprehensive Plan as authorized by the Washington State Growth Management Act (GMA) — RCW 36.70A; and has considered possible environmental impacts identified by the lead agency through the State Environmental Policy Act (SEPA) threshold determination process. 15. Pursuant to the requirements in the NPDES Western Washington Phase II Municipal Stormwater Permit, the proposed amendments as shown in "Attachment A" attached to this ordinance will satisfy the requirement under Special Condition S5.C.4.f, "Low impact development code - related requirements" for Permittees to review, revise and make effective, no later than December 21, 2016, their local -development codes, rules and standards to incorporate and require LID principles and BMPs. 16. The proposed amendments, as shown in "Attachment A" attached to this ordinance will be included with a summary of the review and revision process conducted as a part of the Low Impact Development Code Update Project, with the County's annual report to the Department of Ecology. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Official Whatcom County Code, Titles 20 and 21 are hereby amended as shown on Attachment "A". Section 2. Adjudication of invalidity of any of these sections, clauses, or provisions of this ordinance shall not affect or impact the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid. ADOPTED this day of , 2016. Page 4 of 46 457 ATTEST Dana Brown Davis, Council Clerk APPROVED as to form: SPONSORED 13Y PROPOSED BY. INTRODUCTION DATE: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Chairperson ( ) Approved ( ) Denied Civil Deputy Prosecutor Jack Louws, County Executive Date: 458 Page 5 of 46 ORDINANCE NO. ATTACHMENT "A" Whatcom County Code, Title 20 Chapter 20.51 LAKE WHATCOM WATERSHED OVERLAY DISTRICT Sections: I ... j 20.51.040 Conformance. (... ) 20.51.420 Permanent stormwater management systems. 20.51.430 Tree removal not associated with development activity. 20.51.440 Tree retention associated with development activity. 20.51.040 Conformance. The provisions of this chapter overlay other permit and approval requirements of the Whatcom County Code. All use and development shall conform to all relevant requirements and standards of: (1) Whatcom County Code, Title 20, Zoning, except as modified by this chapter; (2) The International Building and Fire Codes; (3) Whatcom County Critical Area Ordinance, Chapter 16.16 WCC; (4) Flood damage prevention, WCC Title 17; (5) Subdivision, WCC Title 21, except as modified by this chapter; (6) 2012 Woshrngr Western Washing on, as amended and modified by this chapter:"«teem Ce w nt,._DeyeI. pment Sta Adarrl� exr=ep; as Fne ified by this chaptor- (8) WCC Title 23, Shoreline Management Program; (9) WCC Title 24, Health Code; and (10)AII other applicable official controls. 20.51.420 Permanent stormwater management systems. (• •) (2) Best Management Practices. (a) Unless otherwise exempt per subsection (1) of this section, or unless a standard land use vesting determination concludes otherwise, all projects, work, or activities, including subdivisions, binding site plans, and nonexempt new short subdivision parcels, proposed to occur within the Lake Whatcom Watershed Overlay District shall incorporate presumptive BMPs and/or demonstrative BMPs, per subsection (2)(c) and/or (2)(d) of this section, respectively, to: Page 6 of 46 459 ORDINANCE NO. (i) All project, work, or activity affected: (A) nget4aod_area disturbed (per Chapter 20 d7 lA CC definitir.nlLand disturbing activitie and/or (B) Newly `Feated a^dr^r rep1are4New and replaced hard surfaces:. I.. Net'rGt' ace .area (ear r hapteF 20.97. 1A1CG definition),'/or s.plat Feplaced.impervious surface arter (per Chapter 20 ❑7 WCC definition), and/or 3. Net ReW p _ aL. e p Rt -, _ a (peF Chapter )Q 07 l C-C 4 enlar=e 1. permeable pavement _area i_peF C apleF 7n II7 WrU rlafinitir.nand Of (ii) Existing off -parcel phosphorus -unmitigated areas and/or on -parcel phosphorus -unmitigated areas within the entire Lake Whatcom watershed at a 2:1 ratio of phosphorus -unmitigated area to the corresponding project, work, or activity affected area(s) that subsections (2)(a)(i)(A) and (B) of this section outline. (iii) The developable areas and infrastructure as required for long and short subdivision approval. A stormwater management plan for developable areas and required infrastructure, consistent with the 2012 Stormwater Management Manual for Western Washington, is required prior to preliminary plat approval. Installation of required BMPs for infrastructure is required prior to final plat approval. (3) System Recording, Protection, and Maintenance. A declaration of covenant shall be recorded for each property where permanent stormwater BMPs exist. The covenant is used to protect the stormwater management facilities from cover by structures or impervious material, soil compaction, and damage by soil removal and grade alteration, and ensure required maintenance occurs according to the schedule in subsection (c) of this section. A draft of the proposed covenant must be reviewed and approved by Whatcom County prior to recording. All required covenants must be recorded prior to final permit issuance for the proposed project. (a) Notice on Title. For all permanent stormwater facilities, the type of stormwater system and location shall be recorded with the county auditor real estate records in , fer. .at Similar to the recording daEuments On W tafa , r'xs, C�a�t 2gr#;e+-�. The recording document provides notice to future owners of the presence of stormwater system on the lot, and shall contain: (i) A site plan to scale, showing the location and descriptions of stormwater facilities, treatment BMPs, terrain features, protective native growth areas, and stormwater flowpaths. (ii) Notice of the property owner's responsibility to retain, uphold, and protect the devices, features, pathways, protective native growth areas, and operate and maintain BMPs at the owner's expense. 460 Page 7 of 46 ORDINANCE NO. (c) Inspections and Maintenance. (i) Inspections shall occur on at least an annual basis for all stormwater treatment and flow control BMPs and facilities that were permitted in accordance with requirements adopted pursuant to the 2013-2018 Ecology municipal stormwater permits, or later. (ii) Inspections of all permanent stormwater treatment and flow control BMPs/facilities and catch basins in new residential developments shall occur every six months until 90% of the lots are constructed. (iii) For every deficiency identified by inspection, said deficiency shall be addressed: (A) Within I year for typical maintenance of facilities, except catch basins. (B) Within 6 months for catch basins. (C) Within 2 years for maintenance that requires capital construction of less than $25,000. 20.51.430 Tree removal not associated with development activity. (1) Permit Required for Removal of Trees. No person, directly or indirectly, shall remove any significant tree(s) on any property within the Lake Whatcom watershed, or any tree(s) in the public right-of- way, without first obtaining a tree removal permit as provided in this section, unless the activity is exempted below: (a) Removal of any hazard trees or as necessary to remedy an immediate threat to person or property, pursuant to the requirements in subsection (5) of this section; b Pruning and maintenance of trees of up to 25% of the folic e. 2 Tree Removal Permit Application. The Department of Planning and Development Services shall establish and maintain a tree removal permit application, which shall at a minimum require the following to be submitted by the applicant: fa) A sketch for this purpose may be prepared by the homeowner or other layperson and shall depict: i) . The approximate location of significant trees, indicating those to be removed; ii) The species and canopy area (as determined pursuant to WCC 20.51.440(4)){ iii The location of structures drivewa s access was and known easements. (b) Canopy calculations (existing and proposed) (c) For required replacement trees, a planting plan showing location, species. and 20-year canopy area of the new trees in accordance to standards set forth in WCC 20.51.440(4) for calculating 20- ear canopy coverage. (3) Tree Removal Permit Application Procedure and Appeals. Applicants requesting to remove any significant trees must submit a completed permit application on a form provided by the County. The County shall review the application within 21 calendar days and either approve, approve with conditions or modifications, deny the application _or request additional information. Any decision to deny the application shall be in writing along with the reasons for the denial and the appeal process. (al The decision of the Director is appealabie pursuant to WCC 20.84.240. (b) Time Limit. The removal shall be completed within one (1.) year from the date of permit approval. Page 8 of 46 461 ORDINANCE NO. 4 Tree Removal Allowances. With a tree removal permit, any propertyowner may remove up to 35% or 5,000 s . ft. whichever is greater, and as measured cumulatively,of the existing canopy area of on -site significant trees on their property; provided, that: a There is no active application for development activity for the site and (b_The tree(s) were not required to be retained or planted as a condition of previous development activity. 5 Removal of Hazard Trees. Any propertyowner seeking to remove any number of significant trees that are a hazard shall first obtain approval of a_ tree removal permit and meet the requirements of this subsection. a Tree Risk Assessment. If the hazard condition is not obvious a tree risk assessment prepared b a qualified rofessional explaining how the tree(s) meet the definition of a hazard tree is required. Removal of hazard trees does not count toward the tree removal limit if the hazard is supported bv such a report and approved by the County. Lb)_ Trees in Critical Areas or Critical Areas Buffers. For hazard trees in critical areas or their buffers, tree removal shall be in accordance with the requirements of WCC Chapter 16.16. 6 Penalties and Enforcement. Removal of significant trees without obtainin a tree removal permit may be subject to replacement at a ratio of three trees for each tree removed without a valid permit. Failure to replace _removed -significant trees may be subject to a fine as determined under WCC 20.94. 20.51.440 Tree retention associated with development activity. (1) Tree Canopy Retention. a) Tree canopy retention shall be required for all development applications and buildine permits within the Lake Whatcom watershed, unless the activity is exempted below: i Removal of anV hazard trees and as necessary to remedy an immediate threat to person or property, pursuant to the requirements of this subsection; (1) Tree Risk Assessment. If the hazard condition is not obvious,_a tree risk assessment repared -by, a q ualified professionaI ex la in ing how the trees meet the definition of a hazard tree is required. Removal of hazard trees does not count toward the tree removal limit if the hazard is supported by such a report and approved by the County. 2 Trees in Critical Areas or Critical Areas Buffers. For hazard trees in critical areas or critical area buffers tree removal shall be in accordance with the requirements of WCC Chapter 16.16. 5) Construction or maintenance of public or private roads and public or private utilities including utility easements not related to development. Protection of trees shall be a mayor factor in the location design, construction, and maintenance of streets and utilities. These improvements are subject to the purpose and intent of this section. iii) Pruning and maintenance of trees of up to 25% of the foliage. (2) Tree Retention Plan Required. a Ana plicant for a development permit must submit a tree retention plan that complies with this section. A qualified professional may be required to prepare certain components of a tree 462 Page 9 of 46 ORDINANCE NO. retention plan at the applicant's expense. The tree retention plan shall contain the following, information: i) A site plan with the following components: North arrow: (2) Property boundaries LLExisting structures; (4) Site access; 5 Tree canopy areas to be removed; 5 The outer dri line of tree canopy areas to be retained (7)_Critical areas including, but not limited to, slopes, wetlands, and habitat conservation areas; 8 Protection measures to be used for areas that will be undisturbed; and (9) Areas to be replanted_ pursuant to subsection ( ) of this section; ii For required replacement trees a planting plan showing locationspecies, and 20- ear canopy area of the new trees and calculations of 20-year canopy coverage in accordance with the standards set forth in WCC 20.51.440(4). iiii) Provisions for maintenance and monitoring. 3 Minimum Tree Canopy Retention. Development subject to the requirements of this section may remove up to 35% or 5,000 sq. ft., whichever is greater, and as measured cumulatively, of the existing tree canopy areas as defined by the dri line of the trees for the purposes of a building site drivewa Vs, parkin areas and areas to be landsca ped. Existi ng tree ca n opy areas shall be prioritized for retention as provided in subsection (5) of this section. In the event that tree canopy areas in excess of the applicable threshold must be removed to facilitate reasonable use of the site, or to eliminate hazard trees new plantin s shall be req uired to attain the removed tree cano coverage, calculated according to projected growth at 20 years maturity consistent with Table 20.51.440(41. (al Tree canopy areas shall include all trees excluding invasive species or noxious weeds within the gross site area. b Existing or planted tree canopy may include street trees and may be located within buffer landscaping, site landscaping,_ critical areas and their buffers, open space reserve areas, reserve areas, reserve tracts or easements where permanent restrictions are recorded on the face of the plat ensuring their retention in perpetuity. W Measuring Tree Canopy.Site tree canopy shall be measured according to WCC Table 20.51.440(4). Calculation of existing and new tree canopy shall be submitted in writing by a ualified landscape designer or a licensed land surveyor. Page 10 of 46 463 ORDINANCE NO. Table 20.51.440(4). Measuring Tree Canopy Existing Canopy New Canopy Option 1 Tree Survey Option 2 Aerial Estimation 20-Year Canopy Calculation_ * Measure average canopy * Obtain aerial imagery of site For each proposed species: * Calculate radius (r) of canopy at 20 radius (r)for each tree to be retained * Calculate existing canopy * Measure site boundaries * Measure canopies of individual trees or stand area years maturity * Calculate canopy coverage using area using the formula: using leading edges as the forest boundary * Divide total canopy measurement by the gross the formula: CA=nr2 ■ Multiply by the proposed quantity Canopy Area (CA)=nr� ■ Total the sum of tree canopy areas and divide by gross site area to obtain canopy coverage percentage to be planted to obtain total species canopy area ■ Total the sum of species canopy area for all proposed species and divide by gross site area to obtain site area to obtain canopy coverage percentage 20-year canopy coverage percentage (5) Tree Canopy Credits. To assist in the preservation and retention of significant trees and existing tree canopy outside of critical area protectio n a reas and required buffers and buffer landscaping, the applicant may use the following credits: () Individual significant trees retained on site shall be counted at 125 percent of their actual canopy area. b For clusters or stands of five or more trees each tree shall be counted at 150 percent of its actual canopy area. (c) For clusters or stands of five or more significant trees, each tree shall be counted at 200 percent of its actual canopy area. d) The minimum required lot size in subdivisions or short subdivisions may be reduced by 20 percent when at least 20 percent of the site, not including any open space reserve areas, reserve areas, reserve tracts, or critical areas or their buffers, is put into a separate tract or tracts that have at least 20 significant trees j2er acre and where at least 60 percent of the significant trees within the tract or tracts are retained. This does not change the tree canopy requirements. (6) Tree Replacement Requirements. In addition to the requirements of WCC 20.80.320 through WCC 20.80.345, trees planted to meet tree canopy requirements in subsection (3) shall meet the following criteria: (a) Sites must be planted or replanted with a minimum of 50 percent evergreen species, except: 1_ The evergreen portion of the required planting mix may be reduced by 25 percent when the deciduous mix contains exclusively indigenous species to the Puget Sound region, not including Alder; and ill Sites obtaining -tree canopy requirements solely through street trees are exempt from the requirement to include evergreen species in the planting mix; (b) Sites requiring replanting of tree canopy must plant no more than 30 percent of trees from the same species and no more than 60 percent of trees from the same taxonomic family_. 464 Page 11 of 46 ORDINANCE NO. (c) Replacement trees shall be p#anted in locations appropriate to the species' growth habit and horticultural requirements; d When greparing the landscaping Ian applicants are encouraged to meet the requirements of subsection (3) by conserving existing tree canopy, including significant trees and other vegetation located on the site, and by placing new plantings in protected areas, such as street trees buffer landscaping,open spaces, and critical areas and their buffers at healthy s acin densities before placing trees within individual lots or yards; and (e)Replacement trees shall be located in such a manner to minimize damage to trees or structures on the proiect site and on properties adjoining the project site. (7) Tree Protection Measures. The following tree protection measures shall be taken during clearing or construction: (a) Tree protective fencing shall be installed along the outer edge of the drip line surrounding the trees retained in order to protect the trees during any land disturbance activities, and fencing shall not be moved to facilitate grading or other construction activity within the protected area, (b) Tree protective fencing shall be a minimum height of three feet, visible, and of durable construction; orange polyethylene laminarfencing is acceptable; and (c) Signs must be posted on the fence reading "Tree Protection Area." 8 Tree Canopy Retention Modifications. An applicant may reduce the tree canopV requirements of subsection (3) by no more than five percent throueh a tree canoov retention modification when all of the following criteria and those in WCC 20.51.440 are met: (a) The applicant demonstrates in writing that they have made a good faith effort to comply with the tree canopy requirements within the physical constraints of the site by: 1) Retaining as much of the tree canopy as possible on site consistent with best management practices for maintaining the health of trees; or ii) Replanting as much of the tree canopy as possible on site consistent with best management practices for maintaining the health of trees; b) The applicant Dr000ses to plant additional understory vegetation or around cover area excluding lawn cover, invasive species or noxious weeds, to fulfill the remaining canopy requirement in WCC Table 20_51.440(3) not met by retention or replanting of tree canopy; and (c) When critical areas and their buffers exist on site and those buffers are not highly functioning, the applicant proposes to enhance the buffers by removing invasive species and noxious weeds and/or planting vegetation indigenous to the Pacific Northwest, spaced for maximum survivability. (9) Street Trees. The county engineer may modify required frontage improvements to_retain Significant trees as street trees. (10)Retained Significant Trees as a Condition of Development Approval. Retained significant trees, trees planted as replacements for significant trees, and trees planted to meet requirements in subsection (3) of this section may not be removed except when determined in writing by a certified arborist to constitute a hazard. Any re tacement or si nificant trees removed without proper documentation from a certified arborist shall be subject to a fine as determined under WCC 20.94. (11)Penalties and Enforcement. Anv significant trees identified in a landscape olan to be retained. and subsequently damaged or removed during site development shall be replaced at a rate of three Page 12 of 46 465 ORDINANCE NO. trees for each one damaged or removed. Failure to replace damaged or removed significant trees shall be subject to a fine as determined under WCC 20.94. Chapter 20.71 LAKE SAMISH AND LAKE PADDEN WATER RESOURCE PROTECTION OVERLAY DISTRICT* Sections: 20.71.010 Purpose. I...1 20.71.351 Cluster design standards. (Adopted by reference in WCCP Chapter 2.) [• •l 20.71.354 Tree removal not associated with development activity. 20.71.356 Tree retention associated with development activity. 20.71.010 Purpose. The Lake Samish and Lake Padden Water Resource Protection Overlay District is an overlay zone that is intended to impose additional controls to preserve and protect unique and important water resources within Whatcom County. This district is designed to protect the long-term viability of the Lake Samish and Lake Padden watersheds while creating a regulatory framework to address the needs of these watersheds that are not otherwise provided for in the underlying zone districts. 20.71.351 Cluster design standards. (Adopted by reference in WCCP Chapter 2.) The creation of new building lots within Lake Samish and Lake Padden Water Resource Protection Overlay Districts shall be subject to the following design standards: 20.71.354 Tree removal not associated with development activity. (11 Permit_ ReQuired for Removal of Trees. No person directly or indirectly, shall remove any significant tree s on any propertywithin the Lake Padden and Lake Samish watersheds or any trees in the Public right-of-way, without first obtaining a tree removal permit as provided in this section, unless the activity is exempted below: Removal of any hazard trees or as necessary to remedy an immediate threat to person or property, pursuant to the requirements in subsection (5) of this section; LL Pruning and maintenance of trees of up to 25% of the foliage. 2 Tree Removal Permit Application. The Department of Planning and Development Services shall establish and maintain a tree removal permit application, which shall at a minimum require the following to be submitted by the applicant: fa) —A sketch_ for this purpose may be prepared by the homeowner or other lay person and shall depict: il The approximate location of significant trees indicating those to be removed ii) The species and canopy area (as determined pursuant to WCC 20.51.440(4)); 466 Page 13 of 46 ORDINANCE NO. ii) The location of structures. driveways. access ways. and known easements. (b) Canopy calculations (existing and proposed) (c) For required replacement trees, a planting plan showing location, species, and 20-year canopy area of the new trees in accordance to standards set forth in WCC 20.71.356(4) for calculating 20-year canopy coverage. (3) Tree Removal Permit Application Procedure and Appeals. Applicants requesting to remove any si nificant trees must submit a corn pleted permit a oplication on a form 13 rovided by the Count . The County shall review the application within 21 calendar days and either approve, approve with conditions or modifications, deny the application, or request additional information. Any decision to de ny the a gplication shall be in writing a long with the reasons for the denial and the a p peal rop cess^ (a) The decision of the [Director is appealable pursuant to WCC 20.84.240. (b) Time Limit. The removal shall be completed within one (1) year from the date of permit approval. (4) Tree Removal Allowances. With a tree removal permit, any property owner may remove up to 35% or 5,000 sg._ft., whichever is greater, and as measured cumulatively, of the existing canopy area_of on-site significant trees on their property; provided, that: (a) There is no active application for development activity for the site; and (b) he tree(s) were not required to be retained or planted as a condition of previous development activity. 5 Removal of Hazard Trees. Any propertyowner seeking to remove anV number of significant trees that are a hazard shall first obtain approval of a tree removal permit and meet the requirements of this subsection. (a) Tree Risk Assessment. If the hazard condition is not obvious, a tree risk assessment prepared by a qualified professional explaining how the tree(s) meet the definition of a hazard tree is required. Removal of hazard trees does not count toward the tree removal limit if the hazard is supported by such a report and approved by the County. (b) Trees in Critical Areas or Critical Areas Suffers. For hazard trees in critical areas or their buffers. tree removal shall be in accordance with the reauirements of WCC Chapter 16.16. (6) Penalties and Enforcement. Removal of significant trees without obtaining a tree removal permit may be subject to replacement at a ratio of three trees for each tree removed without a valid permit. Failure to replace removed significant trees may be subject to a fine as determined under WCC 20.94. 20-71.356 Tree retention associated with development activity. (1) Tree Canopy Retention. a) Tree canoov retention shall be reauired for all development applications and buildine permits within the Lake Padden and Lake Samish watersheds, unless the activity is exempted below: it Removal of any hazard trees, and as necessary to remedy an immediate threat to person or property, pursuant to the requirements of this subsection; (1) Tree Risk Assessment. If the hazard condition is not obvious, a tree risk assessment Prepared by a qualified professional explaining how the tree(s) meet the definition of a Page 14 of 46 467 ORDINANCE NO. hazard tree is required. Removal of hazard trees does not count toward the tree removal limit if the hazard is supported by such a report and approved by the County. 2 Trees in Critical Areas or Critical Areas Buffers. For hazard trees in critical areas or critical area buffers tree removal shall be in accordance with the requirements of WCC Chapter 16.16. ii Construction or maintenance of public or private roads and public or private utilities i nc I ud ing utility easements not related to deve lo ment. Protection of trees shall be a major factor in the location, design, construction, and maintenance of streets and utilities. These improvements are subject to the purpose and intent of this section. (b) Pruning and maintenance of trees of up to 25% of the foliage. (2) Tree Retention Plan Required. a An applicant for a development permit must submit a tree retention plan that complies with this section. A qualified professional may be required to prepare certain components of a tree retention plan at the applicant's expense. The tree retention plan shall contain the following information: i) A site plan with the following components: (1) North arrow; (2) Property boundaries; (3) Existing structures; (4) Site access; (5) Tree canopy areas to be removed; (6) The outer dripline of tree canopy areas to be retained; 7 Critical areas including, but not limited to slopes, wetlands and habitat conservation areas; (8) Protection measures to be used for areas that will be undisturbed; and 9 Areas to be replanted pursuant to subsection 4 of this section,• ii For re aired replacement trees a planting plan showing location species, and 20- ear canopy area of the new trees and calculations of 20-year canopy coverage in accordance with the standards set forth in WCC 20.71.356(4). iiil Provisions for maintenance and monitoring. (3) Minimum Tree Canopy Retention. Development subject to the requirements of this section may remove up to 35% or 5,000 sq. ft., whichever is greater, and as measured cumulatively, of the existing tree can❑ areas as defined by the dri line of the trees for the purposes of a building site, driveways,_ parking areas, and areas to be landscaped. Existing tree canopy areas shall be prioritized for retention as provided in subsection (5) of this section. In the event that tree canopy areas in excess of the applicable threshold must be removed to facilitate reasonable use of the site or to eliminate hazard trees, new plantings shall be required to attain the removed tree canopy coverage, calculated according to projected growth at 20 years maturity consistent with Table 20.71.356(41 (a) Tree canopy areas shall include all trees, excluding invasive species or noxious weeds, within the gross site area. 468 Page 15 of 46 ORDINANCE NO. (b) Existing or planted tree canopy may include street trees and may be located within buffer landscaping, site landscaping, critical areas and their buffers, open space reserve areas, reserve areas, reserve tracts or easements where permanent restrictions are recorded on the face of the plat ensuring their retention in perpetuity. 4) Measurine Tree Canoov. Site tree canoav shall be measured accordine to WCC Table 20.71.356(4). Calculation of existing and new tree canopy shall be submitted in writing by a qualified landscape desiper or a licensed land surveyor. Table 20.71.356(41. Measuring Tree Canopy Existing Canopy New Canopy Option 1 Tree Survey Option 2 Aerial Estimation 20-Year Canopy Calculation • Measure average canopy radius (r) for each tree to be retained • Calculate existingcanopy • Obtain aerial imagery of sit For each proposed species: • Calculate radius (r) of canopy at 20 • Measure site boundaries • Measure canopies of individual trees or stand area using leading edges as the forest boundary • Divide total canopy measurement by the gross years maturity. • Calculate canopy coverage -using area using the formula: the formula: CA=TLr2 • Multiply by the proposed quantity Canopy Area (CAHtr2 • Total the sum of tree canopy areas and divide by gross site area to obtain canopy coverage percentage to be planted to obtain total species canopy area • Total the sum of species canopy site area to obtain canopy coverage percentage area for all proposed species and divide by gross site area to obtain 20-year canopy coverage ercenta g (5) Tree Canopy Credits. To assist in the preservation and retention of significant trees and existing tree canopy outside of critical area protection areas and required buffers and buffer landscaping, the applicant may use the following credits: (a) Individual significant' trees retained on site shall be counted at 125percent of their actual canopy area. b For clusters or stands of five or more trees, each tree shall be counted at 154 percent of its actual canopy area. (c)_ For clusters or stands of five or more significant trees, each tree shall be counted at 200 percent of its actual canopy area. (d) The minimum_ required_ lot size in subdivisions or short subdivisions may be reduced by 20 percent when at least 20 percent of the site not including any open space reserve areas reserve areas, reserve tracts, or critical areas or their buffers, is put into a separate tract or tracts that have at least 20 significant trees per acre and where at least 60 percent of the significant trees within the tract or tracts are retained. This does not change the tree canopy requirements. (6) Tree Replacement Requirements. In addition to the requirements of WCC 20.80.320 through WCC 20.80.345. trees planted to meet tree canoov reauirements in subsection (3) shall meet the following criteria: (a) Sites must be planted or replanted with a minimum of 50 percent evergreen species,_except: Page 16 of 46 469 ORDINANCE NO. i) The evergreen portion of the required planting mix may be reduced by 25 percent when the deciduous mix contains exclusively indigenous species to the Puget Sound region, not including Alder; and ii) Sites obtaining tree canopy requirements solely through street trees are exempt from the requirement to include evergreen species in the planting mix; (b) Sites requiring replanting of tree canopy must plant no more than 30 percent of trees from the same species and no more than 60 percent of trees from the same taxonomic faro (c) Replacement trees shall be planted in locations appropriate to the species' growth habit and horticultural requirements; d When preparing the landscaping lan applicants are encouraged to meet the requirements of subsection (3) by conservingexisting _ xisting, tree canopy, including significant trees and other vegetation located on the site and by placingnew plantings in protected areas such as street trees, buffer landscaping, open spaces, and critical areas and their buffers at healthy spacing densities_ before placing trees within individual_I_ots or -yards; and (e) Replacement trees shall be located in such a manner to minimize damage to trees or structures on the proiect site and on properties adjoining the project site. (7) Tree Protection Measures. The following tree protection measures shall be taken during clearing or construction: (a) Tree protective fencing shall be installed along the outer edge of the drip line surrounding_ the trees retained in order to protect the trees during anv land disturbance activities. and fencin shall not be moved to facilitate grading or other construction activity within the protected area; fb) Tree protective fencing shall be a minimum height of three feet, visible, and of durable construction; orange polyethylene laminar fencing is acceptable; and (c) Signs must be posted on the fence reading "Tree Protection Area." (8) Tree Canopy Retention Modifications. An applicant may reduce the tree canopy requirements of subsection 3 by no more than five percent through a tree canopy retention modification when all of the following criteria and those in WCC 20.71.356 are met: (a) The applicant demonstrates in writing that they have made a good faith effort to comply with the tree canopy requirements within the physical constraints of the site by: i Retaining as much of the tree canopy as possible on site consistent with best mans ement practices for maintaining the health of trees; or W Replanting as much of the tree canopy as possible on site consistent with best management practices for maintaining the health of trees; b) The applicant proposes to plant additional understory vegetation or ground cover area excluding lawn cover, invasive species or noxious weeds. to fulfill the remaining canopy requirement in WCC Table 20.71.356(3) not met by retention or replanting of tree canopy; and (c) When critical areas and their buffers exist on site and those buffers are not highly functioning, the applicant proposes to enhance the buffers by removing invasive species and noxious weeds and/or planting vegetation indigenous to the Pacific Northwest, spaced for maximum survivability. 470 Page 17 of 46 ORDINANCE NO. 9 Street Trees. The county engineer may modify required frontage improvements to retain significant trees as street trees. 10 Retained Si nificant Trees as a Condition of Develo p ment Approval. Retained sign ifica nt trees trees lanted as replacements for significant trees and trees planted to meet requirements in subsection (3) of this section may not be removed except when determined in writing by a certified arborist to constitute a hazard. Any replacement or significant trees removed without proper documentation from a certified arborist shall be subiect to a fine as determined under WCC 20.94. (11)Penalties and Enforcement. Any significant trees identified in a landscape plan to be retained, _and subsequently damaged or removed during site development shall be replaced at a rate of three trees for each one dams ed or removed. Failure to replace dams ed or removed si nificant trees shall be subiect to a fine as determined under WCC 20.94. [• •l Chapter 20.80 SUPPLEMENTARY REQUIREMENTS Sections: [...1 20.80.300 Landscaping. (Adopted by reference in WCCP Chapter 2.) 1...1 20.80.325 Landscaping location and spacing. 20.80.330 Plant sizes at time of planting. 20.80.335 Plant choices. [••l•l 20.80.345 Buffering plantings. 20.80.350 Parking areas. [...1 20.80.500 Off-street parking and loading requirements. [• •l 20.80.512 Wheel stop, overhang. [...1 20.80.630 Stormwater and drainage. 20.80.631 �9.9-n 6-4,2 Exemptions. it dove e eRt feq • e Rts. LaFge- development Tcq'rm=cr-i�ef}rr. Stormwater conformance. zv49.6 20.80.634 20.80.63�5 Stormwater special districts. StGFMW@` uiFeF 20.80.E rU' 20.80.730 }Fsper= �F�istfiet Fee _ Rts Land clearing. [...1 20.80.735 [...1 Water resource special management areas. 20.80.300 Landscaping. (Adopted by reference in WCCP Chapter 2.) [...1 Page 18 of 46 471 ORDINANCE NO. 20.80.325 Landscaping location and spacing. All required open space or any areas of the property not committed to a use requiring pervious surface must be landscaped. This may consist of any combination of trees, lawn, ground cover and shrubs and up to 20 percent of a non vegetative decorative pervious material such as washed rock, bricks or paving stones. However, at least one tree will be required for every 2,000 square feet of open space including walkways in addition to screening or planting along the property lines. Natu444-1_xisting vegeta Lion may be used to meet the standards of this chapter,habitat other than no,( iGU5 weeds may-�� aspriaDeciduous trees will also be required parallel to all public rights -of -way. Small trees will be spaced approximately 25 feet on center; medium trees, 35 feet on center; and large trees, 45 feet on center. Alternatively, informal of coniferous or broad-leaved evergreen trees and/or deciduous trees may be in an amount equivalent to a row of trees spaced 25 feet on center. Small, medium and large trees, shrubs and ground cover approved for use in county rights -of -way are listed in the Whatcom County Development Standards, Chapter 5, Road Standards, Appendix 1. Additional landscaping and screening is required as noted in other sections of this chapter. 20.80.330 Plant sizes at time of planting. (1) Evergreen trees shall be a minimum height of five feet with an average height of six feet above the finished planting bed. (2) Deciduous trees shall be at least ene and- ^^e- wo inches in caliper measured four and one half feet above ground level. (3) Shrubs shall be at least 21 inches in height above finished grade. Ground cover shall provide an immediate coverage of at least 50 percents and result in total coverage of the required landscape areas within three years as follows: (a) Four -inch pots at 18 inches on average, or b One- allon or Beater sized containers at 24 inches on average. (.5]_In cases where they might interfere with vehicle or pedestrian traffic, deciduous trees should have a clear trunk area of at least seven feet above the ground. 20.80.335 Plant choices. (1) New landscaping materials shall include species native to the coastal region of the Pacific Northwest or noninvasive non-nativespecies that have adal2ted to the climatic and soil conditions of the coastal region of the Pacific Northwest in the followingamounts:amounts: a Seventy-five percent of groundcover and shrubs; and (b) Fifty percent of trees. 12) All species mu5t be Rative to the area P_F: rer:egRized as being easily adaptable to the Trees with weeping or contorted branching structures may be used as accent planting but should generally not be included as part of a screen planting or in plantings parallel to property lines. (3) The county may require the applicant to modify the plant choice to: (a) Eliminate undesirable species which may conflict with power lines or sewers because of their growth or evasive root systems; or (b) Provide a desired diversity of species; or (c) Make the plantings more in scale and compatible with the uses in the immediate vicinity of the subject property; or Page 19 of 46 472 ORDINANCE NO. (d) Provide plant materials that will fulfill the buffering or landscaping purpose of that planting on a year-round basis; or (e) Provide visual relief on long facades. (4) A list of desirable and undesirable trees with tree sizes is maintained on file with the land use division of planning and development services and may be used for reference. 20.80.345 Buffering plantings. Buffers are required when the proposed use is in a commercial or industrial zone and is directly adjacent to and shares a common boundary with property in a rural or residential zone. They are normally 25 feet wide unless otherwise approved by the administrator upon receipt of a detailed planting plan prepared by a landscape architect or qualified landscape designer. Buffering plantings are intended to provide an all -season visual screen between commercial or industrial uses on one side, and rural or residential uses on the other side. Landscape buffers may be required on road frontages as a condition of development for commercial or industrial development that includes outside storage of materials, outside parking of equipment or vehicles other than vehicles for sale on the site, and similar uses that can be a visual distraction or unsightly to persons on the public right-of-way. Plant materials that have minimal irrigation needs and are native or have a demonstrated suitability for Whatcom County are required. Vegetation -based LID BMPs (such as bioretention facilities and rain gardens) may be used within buffers where the primary screening and buffering functions are not com.promised.-Twenty-five-foot planted buffers shall, at a minimum, consist of two offset rows of predominantly coniferous trees at an average spacing of 15 feet triangulated on center or an equivalent effect. Some deciduous trees shall be included and shrubs may be interspersed to provide interlocking root structures to reduce windthrow. Fifty -foot planted buffers will require four rows of trees in the same triangulated pattern as required in 25-foot buffers. Existing natural buffers are encouraged but may need additional width or be augmented with additional landscaping or fencing to provide the required sight barrier. The buffer requirements for the Neighborhood Commercial Zone when abutting the Urban Residential Medium Density Zone (except as otherwise provided in WCC 20,60.552) can be met with a six -foot -high sight -obscuring fence or a dense hedge of sight -obscuring plantings. 20.80.350 Parking areas. A minimum five-foot wide landscape strip shall be provided around the perimeter of all parking areas. Natural or planted buffers may be considered to meet this requirement. Tree spacing will be as required parallel to rights -of -way. Whenever a nonresidential parking lot containing more than 10 parking spaces is located in or adjacent to a residential zone, it shall also be screened on any side facing residential uses or zones where there is no intervening street. This screen shall consist of a fence, wall or acceptable planting screen at least four feet in height. The visual impact of parking areas shall be minimized by separating the area into modules that contain no more than 12 vehicles in a row. Each module shall be separated from other areas by a five-foot wide planting strip containing trees, shrubbery, or other ground cover in such substantial density as to break up long sight lines and overviews of parked cars. Adjacent uses on separate parcels may combine their parking lots to enhance circulation without the necessity for intervening landscaping except for maintaining the module pattern. Vegetation -based LID BM Ps such as bioretention facilities and rain gardens may be used within landsca Pe stri Ps and modules Page 20 of 46 473 ORDINANCE NO. provided they meet any the other applicable landscaping re uirements such as screening or buffering. These shall be designed in accordance with the Stormwater Management Manual for Western Washington(Ecology Manual as amended. 20.80.500 Off-street parking and loading requirements. [• •] 20.80.512 Wheel stop, overhang. (1) Appropriate wheel and bumper guards shall be_p_rovjded to protect landscaped areas, to define a rki ng spaces, and to clea rly se arate the parkin area from a ny a b uttl ng street rights -of -way and property lines. Vehicles may overhang landscaped areas up to two (2) feet when wheel stops_ or curbing is provided. 2 Where sufficient area is available to allow safe and efficient overhang of a vehicle the plannin department may permit the standard_ parking stall length to be reduced by two 2 feet with corresponding increase in adjacent landscaping width. 20.80.630 Stormwater and drainage. (Adopted by reference in ,A;Cr.P Chapter-2-4 (1) Unless exempted in WCC 20.80.631, Ag-all development activity on lands within Whatcom County shall be sub"ect to stormwater management requirements as follows: (a) NPDES Phase 11 Permit area. Development activity inside the NPDES Phase II Permit area shall comply with: it hn subjeE+ +� +ho �+„ +er m�n�namen+ r Af the The 2012 Washington State ode artment of Ecology Stormwater Mara ement Manual for Western Washin ton (Stormwater Manual), as a_mendedWhateem COURty Deyelepment Standards r the ii) Appendix 1, Minimum Technical Requirements, of the Western Washington Phase II Municipal Stormwater Permit; and iii) Appendix 7, "Determining Construction Site Damage Transport Potential," of the Western Washington Phase II Municipal Stormwater Permit. NO Mr :. I . (E) Appendix 1, Minimum TechRmGal ReqUiFeMentsfOF New Development and Redevelopment, 0 +L.. 1R lr r+e n 1h1 hifflgt ,n Phase II MURieipal Stormwater Permit; and Appendix 7, "DeterminiF;g C9A54HOOOR Site Sediment Damage 1��Potential," of the Western Washington W�a (d) Lake Whatcom Watershed ❑verlay ❑istrict.,Except far areas within or that overlap with the NPDES Phase II Permit area (see subsection (1), development activity inside the Lake Whatcom 474 Page 21 of 46 ORDINANCE NO. Watershed OverlaV District shall complV with WCC 20.51 Lake Whatcom Watershed Overla District. (e) Stormwater Special Districts. Except for areas within or that overlap with the NPDES Phase II Permit area (see subsection (,1L development activity inside Stormwater Special Districts (as defined by WCC 20.80.635) shall comply with the Stormwater Manual using the following modified Minimum Requirements in the table below, and using the Stormwater Manual's definitions of terms for Stormwater site -play," impervious surface," "hard surface, "land disturbing activity," "project," "site," and "replaced hard surface": Within Special Stormwater Districts — Modified Thresholds for Stormwater Management Table Minimum Requirement (MR) When Required 1 MR1 Stormwater Site Plan > 500 sq ft of new impervious surface, or Renovation projects where the estimated cost exceeds 50% of the assessed value MR2 Construction SWPPP Always regyired MR3 Source Control Not required MR4 Preserve Natural Drainage a 500 sq ft of new impervious surface or Renovation projects where the estimated cost exceeds 50% of the assessed value MR5 Onsite Stormwater Management • Property �! 2 acres meeting MR1, provide dispersion ■ Property < 2 acres meeting MR1 where soils are suitable for infiltration, provide infiltration • Property < 2 acres meeting Mill where soils are not suitable for infiltration and project does not increase the 24-hour, 100-year peak flow rate by >! 0.1cfs; provide dispersion MR6 Treatment Always required MR7 Flow Control Property < 2 acres meeting MR1 where project increases the 24-hour, 100-year peak flow rate by >_ 0.1cfs; provide detention MR8 Wetlands Protection > 500 sq ft of new impervious surface, or Renovation projects where the estimated cost exceeds 50% of the assessed value MR9 O&M Required only if stormwater facility_installed x Minimum requirements MR5 — MR9 likely require preparation by a professional engineer. f) ❑utside (a) the NPDES Phase II Permit area, (b) the Lake Whatcom Watershed Overlav District and (c] the Stormwater Special Districts]. Development activity outside the NPDES Phase II Permit area Lake Whatcom Watershed Overlay District. and Stormwater Special Districts (as defined by WCC 20.80.635) shall comply with the Stormwater Manual, using the following modified Minimum Requirements in the table below, the definitions for land use intensityin_subsection (e) of this section, and using the Page 22 of 46 475 ORDINANCE NO. Stormwater Manual's definitions of terms for "stormwater site plan," "impervious surface," "hard surface," "land disturbing activity" "project," "site," and "replaced hard surface": Page 23 of 46 476 ORDINANCE NO. Outside the NPDES Phase II Permit area the Lake Whatcom Watershed Overlay 'District and the Stormwater Special Districts — Modified Thresholds for Stormwater Management Table Minimum Requirement Land Use Intensity2 MR 1 Low Medium High MR1 Stormwater Site Plan >_ 7,000 sq ft of new plus replaced hard ? 4,000 sq ft of new plus replaced hard surface, or surface, ar Per manual >_ 14,000 sq ft land �: 14,000 sq ft land disturbing activity disturbing activity MR2 Construction SWPPP Always required MR3 Source Control Not required MR4 Preserve Natural >_ 7,000 sq ft of new plus replaced hard Drainage surface, or >_ 14,000 sq ft land disturbing activity MR5 Onsite Stormwater Not required > 4,000 sq ft of new Management Per manual plus replaced_ hard surface, or > 14,000 sq ft land disturbing activity MR6 Treatment Not required MR7 Flow Control Not required MR8 Wetlands Protection ? 7,000 sq ft of new plus replaced hard _ surface, or 2! 14,000 sq ft land disturbing activity MR9 O&M Required only if stormwater facility installed x Minimum requirements MR5 — MR9 likely require preparation bV a professional engineer. 2 See Subsection (e) to determine land use intensity (g) The land use intensities in the above tables have the following meanings: Land Use Intensity for Stormwater Management Table Note: Any project that results in new plus replaced hard surface greater than orequal to 10 percent of the gross earcel sire or 20,000 sq ft, whichever is greater, or converts 1.5 acres of vegetation to lawn or five acres of vegetation to pasture is sub'ect to the thresholds or "Hi h intensity" land uses. Low • Sinple-family residential and accesso uses on lots of record of 25,000 sq ft or larger; ■ Construction of a ricultural buiIdin s i ncl ud i ng those used in the p rocessi ng and wholesale of agricultural products, on agricultural land as defined by RCW 84.34.020(2 ); ■ Seasonal roadside stands; or ■ Roads (other than those exempt as pavement maintenance . Medium . Single-family residential and accesso uses on lots of record smaller than 25,000 sq ft; Page 24 of 46 477 ORDINANCE NO. • Short subdivisions of land into four or fewer lots; * Minor utility developments; or • Trails and trailheads. High All other uses, including all commercial, industrial, institutional, and urban or multifamily residential uses; • Subdivisions of land into more than four lots: • All uses on parcels bisected by the NPDES Phase II Permit Area boundary; or • Any project that results in new plus replaced hard surface greater than or equal to 10 percent of the gross parcel size or 20,000 sq ft, whichever is greater, or (2) No project permit shall be issued prior to meeting the stormwater requirements of this eeF section and/or C-4apieF2 othe hatea,n Coup-DeVek�pMeRt Standapdsthe 2012 Washington State Department of Ecology Stormwater Management Manual for Western Washington, as amended. Advisory Note: Certain stormwater discharges to natural receiving waters are subject to state water quality standards and the requirements of the National Pollutant Discharge Elimination System (NPDES). Hydraulic Project Approval (HPA) may also be required if stormwater is discharged to a water body or stream that provides, or could provide, habitat for fish. 20.80.631 Exemptions. (1) Ag�icyltural aefi ,;tins as defined phis title, a {Forest practices regulated under WAC Title 222, except for Class IV General forest practices and nonconversion forest practices with approved conversion option harvest plans. (2)�Cornmerciai agriculture practices (as defined iri the 2012 Washington State Department of Ecology Stormwater Mana ement Manual for Western Washington, as amended) invo Iving wo rki ng the land for production are generally exempt. However, the conversion from timberland to agriculture, and the construction of impervious surfaces are not exempt. 44LIL.Development undertaken by the Washington State Department of Transportation in state highway right-of-way when regulated by Chapter 173-270 WAC, the Puget Sound Highway Runoff Program. 478 Page 25 of 46 ORDINANCE NO. .rsrr� .•._ ,. } ■ 20.80.634 Stormwater conformance. All development shall conform to the following requirements: (1) General. (a) Stormwater discharges must be controlled and treated as required by law. (b) Best management practices (BMPs) shall be used to comply with the regulations in this chapter. If appropriate BMPs are not referenced in the Whate,,m r-OURty Deyei pMeRt Manua; vs Q_l2 Washington State De,nartment of Fcoloav Stormwater Manaaement Man uol for Western Washington, as amended (Stormwater Manual), experimental BMPs may be considered. However, experimental BMPs must be approved by the county technical administrator prior to implementation. (c) Development shall minimize impervious surface areas while maintaining project function and viability. Protection of ground water and aquifer recharge are important objectives which shall be incorporated in required surface water management facilities consistent with established BMPs. (d) Stormwater systems shall not be constructed in such a manner that they materially degrade natural systems such as streams and their banks, wetlands, ponds or lakes (e) Natural drainage patterns shall be maintained and discharges from the site shall occur at the natural location, unless it can be shown that relocation will have no significant adverse impact to either built or natural systems as a result of the relocation. (f) The design of stormwater systems shall be an integral part of the overall development design and, in addition to the primary storage and conveyance function, should incorporate multiple use provisions to enhance the project, such as the following: i) Recreation; ii) Public safety; iii) Economical maintenance; iv) Aesthetic integration into the landscape and project design; v) Wildlife habitat; Page 26 of 46 479 ORDINANCE NO. vi) Education; vii) Open space. (2) Erosion and Sediment Control. (a) All proposed projects that will clear, grade, or otherwise disturb the site shall provide erosion and sediment control (ESC) that prevents the transport of sediment from the site to drainage facilities, water resources and adjacent properties. 1MM . .f INUM*TJl4l71EP1 1 . :rrra rl7rrarsr►rrtiTif r■ri�rr7�:s��an, e (c) Erosion and sediment controls shall be selected and applied in accordance with Whateem GOURty DevelopmeRt StandaF&, Chapter 2—ct FmwateF Manageme=tthe Stormwater Manual. �rrsrxsm ■ ■r s wateFS. analyzed,(4) Conveyance. Ali en&eered conveyance system eleMeRtS ter PFOPOSed pFojeets shall be r e- 20.80.635 Stormwater special districts. (1) Whatcom County shall establish the following geographical areas as stormwater special districts: (a) Drayton Harbor watershed. Page 27 of 46 480 ORDINANCE NO. (b) Lake Samish watershed. (c) Birch Bay watershed. (d) Lake Padden watershed. (2) Requ;r.,M eRts Requirements for these areas are contained in WCC 20.80.&3&630(1)(c)-and .. . rer..r.�sss�•zarr:.,:ts�rri.� ...... . ..... .... ....... R. •�_ 20.80.730 Land clearing. [• •l 20.80.735 Water resource special management areas. The purpose of a water resource special management area is to establish a more stringent standard for clearing activity in highly valued water resource areas, environmentally sensitive areas, or areas where natural conditions are so unstable that clearing activity in the areas can result in hazardous conditions. Implementation of best management practices, including phased clearing, tree retention and seasonal clearing limitations, is intended to limit the amount of exposed soils on site that are susceptible to erosion at any one time, thereby improving site stability during development and reducing potential for transport of dissolved pollutants and sediments off site. Preservation of existing trees on site also reduces the quantity and maintains the quality of stormwater leaving a site during and after development activities by encouraging interception, infiltration and evapotranspiration of rainfall and surface runoff. Whatcom County shall establish the following geographic areas as water resource special management areas: • Drayton Harbor watershed; ■ Lake Padden watershed; ■ Lake Samish watershed; and Page 28 of 46 481 ORDINANCE NO. • Birch Bay watershed. (1) Water Resource Special Management Area Review Thresholds. County review and approval shall be required for clearing activities which exceed the following thresholds. If the clearing activity does not meet the threshold criteria, County review is not required. However, the owner is still subject to, and must comply with, the minimum requirements established in this chapter and in the Whatcom County Development Standards. (a) Lake Samish and Lake Padden Watersheds. County review and approval shall be required for all clearing activities associated with a fill and grade permit, building permit or other development proposal. Clearing activities which are not associated with a development permit shall require county review if they are: (i) Five thousand square feet or greater during the dry season, June 1st through September 30th; or (ii) Five hundred square feet or greater during the wet season, October 1st through May 31st. (2) Within water resource special management areas, clearing activity must conform to the following conditions: (a) Temporary erosion and sediment control shall be installed and inspected prior to any clearing activity. The technical administrator shall conduct periodic inspections to ensure the integrity of temporary erosion and sediment controls. Temporary erosion and sediment control measures include, but are not limited to, installation of silt fencing, installation of check dams, covering of excavation piles, and mulching of exposed soils, as specified in the Whatcom County Development Standards. (b) Phased Clearing. Construction activities and clearing activities shall be phased to limit the amount of exposed soil that occurs at any one time, if determined to be appropriate by the technical administrator, based on site characteristics or constraints including, but not limited to, slopes, proximity to shorelines and wetlands. A phased clearing plan may be required. A phased clearing plan, if required, shall be submitted for review and approval by the technical administrator prior to any clearing activity and shall contain a detailed construction schedule or timeline. (c) Soil Stabilization. All disturbed areas shall be provided with soil stabilization within two days of the time of disturbance. The technical administrator may approve an exemption to this requirement when a tree canopy area retention plan includes a soil stabilization plan. This plan component must specifically detail erosion and sediment control and stormwater runoff measures that provide runoff control equal to or greater than the protection provided by the standard two-day soil stabilization requirements of this section. rrrrrrr.rsnesrsraffi Ni •_a e 482 Page 29 of 46 ORDINANCE NO. tr , whichever it greater. _-r gre4:ke followinig E;Fmterma shall be used to deteFmipe which tFee canopy areas ar nr:r.ritmZLd fr.r Fejentinni (A) St n lr of mature at•. a }r�r' (9) T-Fees on sensitive slopes, on landS Elar-sifiPed Rars, having landslide hazaFdS, GF high eFeSMOR ..d.,. WCG Title 16 OF 23; e 1•+r.l The nt.r shall require that tree eancnpy aFeas to be Fetained are identified an a site plan and eleardy flaggeel, eF delineated, on the site. A tree eanopy - ete ,ro, plan ro1jr, adrRinirtratnr hafnre rin5ria�r_f, +. ,rt-. rztake piare The pia chnll rr.niei.+ t ilowi 1.Nort T 3 ExistiRg stFuctufer,, t. Siteaece55; 5. Tree Canopy areastobe-Fe erl• 6• The o star dri nl; nn f tree f h ! -earl - cc-s"Tv"•�pr+`-'a•rr�Q:i ry vet s=�rca'-i�rr�v ;1. Crotmeal areas including, but not limited to, slopes, wetlands, and i't—c rr+ne;an.at•a r; i s _ .�_ _ ' r Page 30 of 46 483 ORDINANCE NO. f �7:STTSAl:T:i�'i7. . Main fnM- ace of reads or utifit e Y.•�uI qmidahlyFequiFe 4:--m Ava I Ar y ttihreH gh the Feet system. ed +� rd trees et le« +ham. t��.able-�-side;-o��ai�ate-ha-�a -tWs epiaGement lreer.rhall he planted fe r tree removed. Reply s.t }Year-shalL- (A) Be of the same r er ri.n Ins• native species as these trees r ed f.r silo • (B) Be planted +e reestablish tree cl usteB..,here they previously a rted r to e.,hanee llfifl=� : . -H: (im) The r.+., May F@qUiFe a bend or other security iR aR anAOU Fit not to exceed 125 PeFeeRt 0 the merchantable timber to gya�antee fet!�`-;— �Gf-XiStiAg tFees within designated eanap aFeas during r- RStF Urt;r.r. I.. the a Rt of a diSpUte he+..,een the lasdewner and the county ever the established value, an assessment wmil be made by a PFGfessieRal foresteF OF a F190FOSt he Iapde Th e fCefoF Fh�nircnrof the .. o fe&r i-PA a1 49 r.-. rter 0r ash.. ri r+ shall he Paid by the landowner or responsible part.! In the rxr = , tr- designated to he eta ed ere r-epAeved, the r=eunty shall FeqWiFe that sufficient tFees be re plant previously in eexsterni e= in t that cr pllantiRg does not occur, the county rna y eRfr. - upon any bond posted. Each tree removed OF destFeyed shall constitute .3 separ (e) Seasonal Clearing Activity Limitations. In the Lake Samish and Lake Padden watersheds, clearing activity, as defined in WCC 20.97.054, that will result in exposed soils exceeding 500 square feet shall not be permitted from October 1st through May 31st; provided, that: (i) In addition to the clearing activities exempted under WCC 20.80.733, the zoning administrator may approve an exemption to this requirement for the following activities: (A) Routine maintenance and repair of erosion and sediment control measures; (B) Activities located at or waterward of the ordinary high water mark subject to state, federal, and/or local (per Chapter 16.16 WCC and/or WCC Title 23) conditions of approval requiring commencement of clearing activity during the wet season, as defined Page 31 of 46 484 ORDINANCE NO. in subsection (1)(a)(ii) of this section, for purposes of minimizing surface water disturbance and site inundation by high water or wave action; (C) Activities necessary to address an emergency that presents an unanticipated and imminent threat to public health, safety or the environment that requires immediate action within a time too short to allow full compliance with this section. Upon abatement of the emergency situation, the clearing activity shall be reviewed for consistency with this chapter and may be subject to additional permit requirements; provided, that the applicant shall make a reasonable attempt to contact the zoning administrator prior to the activity. When prior notice is not feasible, notification of the action shall be submitted to the zoning administrator as soon as the emergency is addressed and no later than two business days following such action. Emergency construction does not include development of new permanent protective structures where none previously existed. (ii) To ensure compliance with subsection (2)(e) of this section, Whatcom County planning and development services shall not issue development permits requiring more than 500 square feet of land disturbance located within the Lake Samish or Lake Padden watersheds within two weeks prior to the watershed seasonal closure on October 1st. (iii) Soil disturbance associated with an exempt clearing activity shall be minimized to the maximum extent practicable. The zoning administrator shall have the authority to condition an exempt activity to ensure that temporary erosion and sediment control measures will be implemented. (iv) An exemption from the seasonal land clearing requirements of this section does not grant authorization for any work to be done in a manner that does not comply with other provisions of this chapter or other applicable development regulations. (f) One Hundred Fifty Percent Violation Fines. When a violation occurs in an area designated as a water resource special management area, the total fine assessment shall be increased to 150 percent of the standard penalty as provided for in Chapter 20.94 WCC, Enforcement and Penalties. Chapter 20.85 PLANNED UNIT DEVELOPMENT (PUD) 20.85.107 Common open space. No open area may be accepted as common open space within a planned unit development, unless it meets the following requirements: (1) The common open space is for amenity or recreational purposes, and the size and uses authorized are appropriate to the scale and the character of the planned unit development, considering its size, density, expected population or employees, topography, and the number and type of dwellings provided. (2) Common open space will be suitably landscaped for its intended use, except that common open space containing natural features worthy of preservation may be left unimproved. Any buildings, Page 32 of 46 485 ORDINANCE NO. structures and improvements to be permitted in the common open space are those appropriate to the uses which are authorized for the common open space. 3 LID BMPs may be used within common open sace provided that the use of LID BMPs is not in conflict with the primary purpose of the common open space. WJ4) Common open space shall be maintained through one of the following methods: (a) An association of owners shall be formed and continued for the purpose of maintaining the common open space. The association shall be created as an association of owners under the laws of the state and shall adopt and propose articles of incorporation or association and bylaws, and adopt and approve a declaration of covenants and restrictions on the common open space that is acceptable to the land use division of planning and development services upon consultation with the prosecuting attorney, in providing for the continuing care of the space. No common open space may be put to a use not specified in the final development plan unless the final development plan is first amended to permit the use. No change of use may be considered as a waiver of any covenants limiting the use of common open space areas, and all rights to enhance these covenants against any use permitted are expressly reserved; or (b) A public agency which agrees to maintain the common open space and any buildings, structures, or other improvements which have been placed on it. 20.85.203 Site plan and supporting maps and graphics. An initial site plan, at a minimum scale of one inch equals 100 feet or such other scale as may be convenient based on the area covered by the proposal with approval of the administrator, and any supporting graphics, narrative descriptions and maps, to show major details of the proposed PUD. If the initial plan is based on a survey or existing survey data of the subject site, the survey data shall be prepared by a registered land surveyor, registered civil engineer or other professional licensed to conduct surveys. The initial site plan and supporting graphics and maps in combination shall provide a level of detail appropriate to the scale and timing of the project and sufficient to demonstrate how the project complies with the provisions of this chapter. (1) Proposed name of the development, north point, scale, date and address, and telephone number of the preparer of the site plan/supporting maps. (2) Existing site conditions including water courses, wetland area, floodplains, unique natural features, ici [Jve .ion, forest cover and elevation contours of sufficient intervals to indicate the topography of the entire tract for a sufficient distance beyond the boundaries of the proposed development to depict any features within 300 feet which may affect site development. Unless otherwise approved by the administrator, contour information shall be as follows: (a) Up to 10 percent slopes, two -foot contours. (b) Over 10 percent to less than 20 percent slopes, five-foot contours. (c) Twenty percent or greater slopes, 10-foot contours. (3) Location of all existing lot lines, lease areas and easements, and the location of all proposed lot lines, lease areas, and easements, if known. 486 Page 33 of 46 ORDINANCE NO. (4) The locations and identification of all existing buildings, structures and other improvements. The location or approximate location of proposed buildings including maximum height and type of use. (5) For residential structures, provide the types and number of residential units in each structure or the range of residential structures proposed together with the range of the type and number of units per structure. (6) For nonresidential buildings, the gross floor area of each building. (7) The location and square footage or approximate location and square footage or acreage of all areas of all areas to be conveyed, dedicated or reserved as common open spaces, public parks, recreational areas, school sites, and similar public and semi-public uses with notations of proposed ownership included where appropriate. (8) Landscaping and open space improvements plan or concept. (9) The existing and proposed circulation system of arterial, collector and/or local streets, including right-of-way street widths, off-street parking areas, service areas, loading areas and major points of access to public rights -of -way (including major point of ingress and egress to the development). Notations of proposed ownership, public or private, shall be included where appropriate. (10)Location and width of existing and proposed sidewalks and trails. (11)The proposed treatment of the perimeter of the PUD, including materials and techniques used such as screens, fences and walls. (12)The location of adjacent utilities including sanitary sewers, water lines and storm drainage facilities intended to serve the development, and a layout of the existing and proposed utilities within the development, if utility plans have been completed. Otherwise indicate the general location of utilities, i.e., roadways, easements, etc. (13)Existing zoning and Comprehensive Plan boundaries for the site and adjacent property. (14)lnformation of contiguous properties within 300 feet of the proposed PUD including: (a) Existing and, if known, proposed land use and streets; and (b) Existing structures excluding accessory buildings, ownership tracts and unique natural features of the landscape, if readily accessible. (15)A vicinity map showing the location of the site and its relationship to surrounding areas, including existing streets, major physiographic and cultural features such as railroads, lakes, streams, shorelines, schools, parks or other prominent features. (16)lf the applicant wishes to incorporate renewable energy features into the PUD, information shall be submitted which will describe the long-term usability of the energy source including: (a) Solar: (i) Solar site survey including solar sun chart; (ii) Shadow diagrams including schematic elevations of pertinent vegetation and structures, and existing major topographical features; (iii) General description of the solar system identifying type (passive or active), location and size (surface area); (b) Wind: (i) Wind data including direction, frequency and intensity; (ii) Wind disruption information including potential on and off -site building construction, and major topographical features; Page 34 of 46 487 ORDINANCE NO. (iii) Wind machine location and visual description; (c) Micro or small scale hydro: (i) Estimated annual energy output using flow duration curves; (ii) Stream data including low and average flows; (iii) Hydro site location and design; (iv) Status of Federal Energy Regulatory Commission (FERC) approval; (d) Geothermal: source of energy. Chapter 20.97 DEFINITIONS Sections: [• •] 20.97.029 Best management practice (BMP). [... ) 20.97.171.1 Hard surface. 20.97.171.4-2 Hazard tree. 20.97.187 Impervious surface. [... ) 20.97.194.1 Land disturbing activity. [... ) 20.97.220.1 Low impact development (LID). 20.97.220.2 LID best management practices (BMPs� - [... I 20,97.269 20.91-J��.269.1 Net land area disturbe4, Piett--rnr�c-'�`r'-'rn"�'-rF"'rcrr'v'z'v"'vT�ciri -20.9-1- 269. i-I 29.97.269.3 -face -3Fea. wable Pa ement areas area Net impeFvieus -20.97.tEi9> urf„ e replaced Nlet Fep . [...1 20.97.341 Replaced hard surface. 20.97.R43342 Replaced impervious surface. 204A342 Replaced 12n r.neFFea in r. n t ��97� - [... ) 20.97.419 �ncc-o--�i�ncvv area. A Significant tree. 20.97.430.1 Stormwater. 20.97.436.4 Tree, significant. [... ) Page 35 of 46 488 ORDINANCE NO. 20.97.029 Best management practice (BMP). "Best management practice (BMP)" means the schedule of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices approved by Washington State Department of Ecology that, when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters of Washington State. Li 20.97.121.05 Existing Tree Canopy Area. "Existing Tree Cano Area" means the tree canopyarea inexistence as of January 1. 2017. using best available information. 20.97.171.1 Hard surface. "Hard surface" means an impervious surface, a permeable pavement, or a vegetated roof. 20.97.171.4-2 Hazard tree. "Hazard tree" means any tree that is susceptible to immediate fall due to its condition (damaged, diseased, or dead) or other factors, and which because of its location is at risk of damaging permanent physical improvements to property or causing personal injury. 20.97.187 Impervious surface. "Impervious surface" means a h@Fd SUFfaLmenon-vegetatqd surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development, lind/ar --. A non -vegetated surface area apd/eF a haFd surface areea which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, 1),ir.! (l r.,aP I 11t21; materials,.. and oiled macadam or other surfaces which similarly impede the natural infiltration of stormwater. °'aWFal SUFfase wateFS and ^0pen, uncovered detention/retention facilities shall not be considered as impervious surfaces for purposes of determining whether the thresholds for application of minimum requirements are exceeded. Open, uncovered retention detention facilities shall be considered impervious surfaces for purposes of runoff mode ling.eal ilated when deteFFRORiRg Wtal rF; 20.97.194.1 Land disturbing activity. "Land disturbing activity" means activity that results in a movement of earth or a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land disturbing activities include but are not limited to clearing, grading, filling, and excavation. Compaction that is associated with stabilization of structures and road construction shall also be considered a land disturbing activity. Vegetation maintenance practices are not considered land -disturbing activity. Page 36 of 46 489 ORDINANCE NO. Stormwater facility maintenance is not considered land disturbing activity if conducted according to established standards and procedures. 20.97.220.1 Low impact development (LID). A stormwater and land use management strategy that strives to mimic re -disturbance h drolo is processes of infiltration filtration stora a evaporation and transpiration by emphasizing conservation use of on -site natural features site planninjR, and distributed stormwater management practices that are integrated into a project design. 20.97.220.2 LID best management practices BMPs . Distributed stormwater management practices, integrated into a project design, that emphasize re - disturbance hydrologic rocesses of infiltration filtration storage, evaporation and transpiration. LID BMPs include but are not limited to bioretention raingardens, permeable pavements, roof downspout controls dispersion, soil quality and depth, minimal excavation foundations vegetated roofs and water re -use. ..tity of a Ron alive vegetated land area. ---r�r "nttc��c=vv�r r r i m r.arr rirt rsr. r.. rfpir—_;; rp; 20.97.341 Replaced hard surface. "Replaced hard surface" means for structures the removal and replacement of hard surfaces down to the foundation•-f;:orother hard surfaces the removal down to bare soil or base course and replacement. 20.97.344--342 Replaced impervious surface. 490 Page 37 of 46 ORDINANCE NO. "Replaced impervious surface" means, for structures, the removal and replacement of impervious surfaces down to the foundation,.. Ps or other impervious surfaces, the removal down to bare soil or base course and replacement. (From 2012 DOE Stormwater Manual) 20.97.419 Significant tree. See WCC 20.97.436.4 Tree, significant_ 20.97.430.1 Stormwater. "Stormwater" means that portion of precipitation that does not naturally percoiate into the ground or eva porate but Flows via overland flow, interflow, pipes and other features of a Stormwater drainage system into a defined surface waterbodyor a constructed infiltration facility. means the Surface a overland flaws 1 •,m ic.TiTmr Dip .,d r.theF FeatWes of a r+ermwater rdFafRa re system; Into one or mare of_the+r.11r.,��i_a.� -rvrrvrr rrrs v reFeeks, sloughs, ponds, , GGF;Str..rte i.,fil+ram+�.,., f��il�+per RtO the ground, but flo cTP.r �m-ef t1 e fell.,wiog mnanr�. $►A, Shall.,... g nd . ,ateF. r �Ri. .,d ether featUFes Of a r+. a+..r dr Rage stem; cgs; C--,ems•, s Page 38 of 46 491 ORDINANCE NO. N Wetlands. 20.97.436.4 Tree, significant. Any evergreen tree twelve inches or greater in diameter at breast height DBH or deciduous tree eight inches or greater DBH. Diameter at breast height shall be measured four and one half feet above existing grade. The Director of Planning and Development Services may authorize the exclusion of an tree which far reasons of health or age is not desirable to retain from this definition. Chapter 21.04 SHORT SUBDIVISIONS 21.04.150 Requirements for a fully completed application for short subdivisions. Upon completion of the pre -application review, and in response to the pre -application review letter, the applicant is authorized to prepare the short subdivision application materials. The following requirements for a fully completed application, and any other information on a form prescribed by the subdivision administrator, must be provided in order to initiate a review for a determination of completeness. (1) Written and Other Data and Fees. (a) Name, address and phone number of owner(s), applicant, and contact person. (b) Intended uses. (c) List of variances and waivers requested. (d) General written proposal of water supply and sewage disposal method, including letter from public water or sanitary sewer providers stating their willingness and ability to serve the proposed land division. (e) Preliminary stormwater proposal. (f) Preliminary traffic proposal and transportation concurrency analysis, as required by Chapter 20.78 WCC. (g) Assessor's parcel number (of the parent parcel). (h) Fees as specified in the Unified Fee Schedule. (i) Critical areas assessment report pursuant to WCC 16.16.255 when the written findings of the pre -application review identify the need for this report. (j) Preliminary title report issued no more than 60 calendar days prior to application. (k) Net and gross lot size to determine minimum lot size and density requirements as required by the Zoning Ordinance. (1) Signature of property owners or applicant attesting by written oath to the accuracy of all information submitted for the application. (2) Map Data. (a) Name of owner(s). (b) Name of proposed land division. (c) General layout of proposed land division. (d) Common language description of the general location of the land division. 492 Page 39 of 46 ORDINANCE NO. (e) Approximate locations of existing roads, utilities, and infrastructure. (f) Vicinity map. (g) Short plat map with a common engineering scale with north arrow and sheet numbers (on each sheet containing a map). (h) Section, township, range and municipal and county lines in the vicinity. (i) Boundaries of the site with general dimensions shown that are prepared by a licensed surveyor. (j) General direction and gradient of slope. (k) Legal description of the land. (1) Proposed location and means of proposed water service and sewage disposal. (m) Proposed location and means of proposed access (including proposed improvements to on -site and off -site roadways, and site distance). (n) Other proposed on -site and off -site utilities and facilities. (o) Location of existing roads, rights -of -way, buildings, parking, and drainage on -site. (p) Where appropriate, location of natural features, including bodies of water, natural drainage areas, native vegetation. critical areas, and buffers. (q) Location of existing sanitation and water facilities and easements (where appropriate). (r) Existing and proposed street names. (s) Names or numbers of any adjacent divisions. (t) Sequential numbers or letters to all lots within the short subdivision. (u) Topographic map of sufficient contour interval, acceptable to the county engineer or director of planning and development services or their designee, to show the topography of the land to be divided. (v) Location of critical areas, shorelines and base flood elevation, where applicable. (3) Seven sets of the above required information shall be submitted. The subdivision administrator may require the applicant to submit the information in an electronic format, and may reduce the number of required sets if provided in an alternative format. [... ) Chapter 21.05 PRELIMINARY LONG SUBDIVISIONS* 21.05.120 Requirements for a fully completed application for preliminary long subdivisions. Upon completion of the pre -application review, and in response to the pre -application review letter, the applicant is authorized to prepare the subdivision application materials. The following requirements for a fully completed application, and any other information on a form prescribed by the subdivision administrator, must be provided in order to initiate a review for a determination of completeness. (1) Written and Other Data and Fees. (a) Completed application form. (b) Name, address and phone number of owner(s), applicant, and contact person. (c) Names, addresses and telephone numbers of the involved engineers, surveyors, and consultants. (d) Intended uses. (e) List of variances and waivers requested. Page 40 of 46 493 ORDINANCE NO. (f) Names and addresses of all persons, firms, and corporations holding legal interests in the land, such as easements, of which the applicant has knowledge. (g) Assessor's parcel number (of the parent parcel). (h) List of names and addresses of owners of property within 300 feet of site's boundaries (based on the latest assessor's equalized tax roll) when within an urban growth area, or within 1,000 feet of site's boundaries when outside an urban growth area, together with corresponding parcel numbers and assessor's parcel map. (i) Proposed covenants, conditions, and restrictions (CC&Rs). (j) SEPA checklist. (k) Preliminary stormwater proposal. (1) Preliminary traffic analysis. (m) Proposed utilities. (n) Critical area and soils reports, as specified in the applicable development standards. All reports shall be certified by qualified professionals experienced in the applicable field of science. (o) Net and gross lot size to determine minimum lot size and density requirements as required by the Zoning Ordinance. (p) Fees as specified in the Unified Fee Schedule. (2) Map Data. (a) Acceptable map size is 24 inches by 24 inches to 24 inches by 36 inches. (b) Date of revisions, if any. (c) Name of owner. (d) Name, address, and telephone number of the surveyor or consultant preparing the map proposal. (e) Name of proposed land division. (f) Names or numbers of any adjacent divisions. (g) General layout of proposed land division. (h) Approximate locations of existing utilities, infrastructure, roads, drainage and rights -of -way within 300 feet of the boundary of the proposed land division. (i) Vicinity map at a scale not less than one inch equals 2,000 feet. (j) Common engineering scale (one inch equals 100 feet or larger), sheet numbers, and north arrow. (k) Section, township, range, municipal and county lines in the vicinity. (1) Location of monuments and fences located by any boundary survey and the date of the survey. (m) General boundaries of the site with general dimensions shown, perimeter boundary marked with a bold line. (n) Legal description of the land being subdivided. (o) Proposed access (including proposed improvements to on -site and off -site roadways). (p) Other proposed on -site or off -site utilities and facilities. (q) The location and widths of all proposed roads, rights -of -way, and easements. (r) When appropriate, location of natural features, including bodies of water, natural drainage areas, native veg_etativ_n, regulated watershed boundaries, critical areas, and buffers. (s) Location of buildings, and parking on -site or contiguous to the site. 494 Page 41 of 46 ORDINANCE NO. (t) General location of existing and proposed facilities, sanitation and water facilities, easements (where appropriate), landscaping, common areas, and phasing boundaries. (u) General plans of proposed water distribution systems, sewage disposal systems, and drainage systems. The plans shall include system location and sizes, sources of water supply, location and size of storage reservoirs, location of drainage outlet, and other major features and shall be certified by a professional engineer. (v) Layout of proposed alleys, walkways, bicycle paths, and parcels to be dedicated or reserved for school, park, playground, well site or other use. (w) Sequential numbers to all lots within subdivision and identify proposed phases. (x) Location of critical areas, shorelines and base flood elevation, where applicable. (3) Additional Information. (a) Title report. (b) Written narrative of how the proposed preliminary plat will meet development and/or level of service standards for: (i) Water supply. (ii) Sewage disposal. (iii) Fire protection service. (iv) Public school system. (c) Project area. (d) Area in lots, square feet, and percentage of total. (e) Zoning designation and zone density. (f) Number of lots. (g) Average lot size, area, and maximum lot size. (h) Area of streets, area in rights -of -way, and percentage of total. (i) Area of parks, open space, and percentage of total. (j) Area of impervious surface proposed. (k) Soil types and classifications. (1) Utility service types and name of provider. (m) School and fire district. (n) Boundary survey, prepared and certified by a professional land surveyor. (o) Additional reports as required at the pre -application meeting, prepared by qualified professionals, including but not limited to: (i) Traffic impact analysis and concurrency study. (ii) Stormwater design report. (iii) Soils and/or geological report. (iv) Wetlands delineation and/or critical areas assessment report. (v) Soil testing results for pesticides for subdivisions on land historically used for raising row crops. (p) Topographic map of sufficient contour interval, acceptable to the county engineer or subdivision administrator, to show the topography of the land to be subdivided. Page 42 of 46 495 ORDINANCE NO. (4) Eleven sets of the above required information shall be submitted. The subdivision administrator may require the applicant to submit the information in an electronic format, and may reduce the number of required sets if provided in an alternative format. Chapter 21.07 PRELIMINARY BINDING SITE PLANS 21.07.120 Requirements for a fully completed application for preliminary binding site plans. Requirements for a fully completed application must be provided in order to vest an application. (1) Written and Other Data and Fees. • Seven copies of written data. • Completed application form. • Name, address and phone number of owner(s), applicant, and contact person. • The names, addresses and telephone numbers of the involved engineers, surveyors, and consultants. • Intended uses. • List of variances and waivers requested. • Names and addresses of all persons, firms, and corporations holding legal interests in the land, such as easements, of which the applicant has knowledge. • Assessor's parcel number (of the parent parcel). ■ List of names and addresses of owners of property within 300' of site's boundaries (based on the latest assessor's equalized tax roll), together with corresponding parcel numbers and assessor's parcel map. ■ Proposed covenants, conditions, and restrictions (CC&Rs). • SEPA checklist. • Preliminary stormwater proposal, preliminary traffic analysis, utility, critical area study, and soils reports, as specified in the applicable development standards. All reports shall be certified by qualified professionals experienced in the applicable field of science. • Brief statement covering the number of lots, proposed uses of lots, method of water supply and sewage disposal, approximate road length, total acreage; percentage of total acreage used for roads, lots, open space and:other uses, and average lot size and number of lots per gross acre. ■ Fees as specified in the Unified Fee Schedule. (2) Map Data. • Acceptable map size is 18" x 24" to 24" x 36". • Seven map copies of map proposal. • Date of revisions, if any. • Name of owner. ■ Name, address, and telephone number of the surveyor or consultant preparing the map proposal. • Name of proposed binding site plan. • Names or numbers of any adjacent divisions. 496 Page 43 of 46 ORDINANCE NO. ■ General layout of proposed land division. • Approximate locations of existing utilities, infrastructure, roads, drainage and rights -of -way within 300' of the boundary of the proposed land division. • Vicinity map at a scale not less than 1" = 2000'. ■ Common engineering scale (1" = 100' or larger), sheet numbers, and north arrow. • Section, township, range, municipal and county lines in the vicinity. • Location of monuments and fences located by any boundary survey and the date of the survey. • General boundaries of the site with general dimensions shown, perimeter boundary marked IIii1:1.. 11IM • Legal description of the land being subdivided. • Proposed access (including proposed improvements to on -site and off -site roadways). • Other proposed on -site or off -site utilities and facilities. • The location and widths of all proposed roads, rights -of -way, and easements. • When appropriate, location of natural features, including bodies of water, natural drainage areas, native vegetation, critical areas, and buffers. • Location of buildings, and parking on -site or contiguous to the site. • General location of existing and proposed facilities including; sanitation, water service, easements, landscaping, common areas, phasing boundaries, and (for mobile home and RV parks) typical details of individual lease spaces. • Existing and proposed street names. • General plans of proposed water distribution systems, sewage disposal systems, and drainage systems. The plans shall include system location and sizes, sources of water supply, location and size of storage reservoirs, location of drainage outlet, and other major features and shall be certified by a professional engineer. • Layout of proposed alleys, walkways, bicycle paths, and parcels to be dedicated or reserved for school, park, playground, well site or other use. • Sequential numbers to all lots within binding site plan and identify proposed phases. Chapter 21.08 GENERAL AND SPECIFIC BINDING SITE PLANS 21.08.050 Requirements for a fully completed application for general binding site plans and specific binding site plans. (1) Written and Other Data and Fees. • Name, address, and phone number of owner, applicant, and contact person. • A separate map scaled at 1" = 400' for assignment of addresses. Addresses assigned by the county shall be shown on the original drawing prior to filing with the county auditor. • Lot closures for the parcel being subdivided, each lot, and any dedicated right-of-way. • Title report issued no more than 60 days old. • Copies of covenants, conditions and restrictions. • As -built drawings for road and drainage improvements. Page 44 of 46 497 ORDINANCE NO. • Any fees as specified in the Unified Fee Schedule. (2) Map Data. • General or specific binding site plan size is 18" x 24". • Seven map copies from original drawings. • Name of owner(s). Name of the binding site plan. • Section, township, range, and municipal and county lines within the vicinity. ■ Common engineering map bar scale (1" = 100' or larger), north arrow, legend, and sheet numbers. • Perimeter of the binding site plan shall be depicted with heavier lines. • File number of the preliminary binding site plan. • Existing and proposed street names. • Legal description of the land being divided. • All lot and tract areas. • Vicinity map. • Names and numbers of any adjacent subdivisions, short subdivisions, and binding site plans. • Complete bearings, lineal dimensions, radii, arcs, and central angle, of all lines and curves of any lot or boundary lines within the binding site plan. • Location of all permanent control monuments found and established at the controlling corners of the parcel being divided and within the land division. • Location of all monuments or other evidence used as ties to establish the land division boundaries and the basis of bearing. • Type and location of monuments and the date set. • Sequential numbers assigned to all lots (specific binding site plans only). • Location and width of all easements shown as dashed lines, and a description of the purpose of the easement (including beneficiary). • Location and description of all fence and building encroachments and other matters which, in the judgment of a professional land surveyor, give rise to alternate boundary locations resulting from occupational evidence or prescriptive rights. • Location, width, geometry, centerline, and names of all roads within and adjoining the binding site plan. • Identify and locate all stormwater facilitie=,. areas set aside for stormwater management, utilities, permanent wells and associated protective zones. • Roads not dedicated to the public must be clearly marked. • A reference to any covenants, conditions and restrictions. • The statement required under RCW 58.17.040 (7)(e). • Dedication and declaration signature block. • Acknowledgement blocks. • Surveyor's certificate, signature block and seal. • County engineer's certificate. • Director of planning and development services certificate. • County health and human services department certificate. 498 Page 45 of 46 ORDINANCE NO. • County treasurer's certificate. • County auditor's certificate. • Land surveyor notes Page 46 of 46 499 �az��-�zo3f3f� n3 J _ 3^ oRt3i?o3T n � w 7' � ofgW. o Y a " n G92 N a:R � V 3v 3o r v3°' 110 r co z �. m C 3 < Fn. go s 0 N Qo (D N� fr o D CD 7 NCL Cr N (CL D ads 7 q N T. 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O m m impp N fO �a a a• aB� a vo No• O vJi '� <m m J c?> j, s T 4° o'N°c s ooyo n 88 G� w_ Q�ory c 3 b',3mcx°� F-�^ 'm j o m as m s m rn m 3 S �> J J a o, m o o -" >- o 0 0 =m 'w 'o g Iur S 1O d S' Fp d n 01 Q N Ol N. y�A tY � y � m 3 °o' c ov�rn m� vrNn� m� • • • �T mT=.°y,O ° E O O �L o_ s —� zi; n —y o 3 N O m o- a m o v2i 2 m u 3 -m m a o��oa� K a O nd M d d � � b J r2 N'� � o- N y N a (d N ? a dam vd�do EF N d y°v oo"y �mNgig 3" $ �.m m mm n Hm C N d N b N d b N T 2 T~ = C b d N d N d v m 3 N * !a u ^ � O1 •'_ m ET d F N d$ 3 o 3 0 o _c - N � b " o - o O 3 z z m m � N y N y w y 3 3 �' r o y 2 3• n x n m m o cn n{ o o a I Z o Z m Z m c 0 o d � J Qyn' H m j m 2 3 NN y N G N N N N N am N � m c Z Z � m � � � o• 9 v n � N CA r* S� i++ rrt CD l• CD r'T rt n n rt 501 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016 277 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: County Cou 9/14/2016 9/27/2016 Introduction Division Head: 10/11/2016 Council Dept. Head: Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT. Appointment to Acme/Van Zandt Flood Subzone: Galen Smith ATTACHMENTS: Application SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Appointment to vacancy on the Acme/Van Zandt Flood Control Sub -Zone Advisory Committee. Term ends January 31, 2020. Duties of the committee include being an integral part of the program reviewing the comprehensive plan for flood control; discussing and recommending budget appropriation; and being the liaison with the public by holding public meetings. COMMITTEE ACTION: COUNCIL ACTION.• 9/27/2016: Received 7-0 (Council acting as the FCZDBS) Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Count 's website at: www.co.whatcom.wa.us/council. 502 JNCK LDUWS COUNCILMEMBBM County Executive Barbara umEunenner k Barry Buchanan %d Browne Todd Donovan Ken Mann Cal Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRINT LEGIBLY and COMPLETE ALL ITEMS Name: Street Address: City: Mailing Address Day Telephone: E-mail address: Date: Zip Code: from street address): ~=� Evening Telephone: Cell Phone: 1. Name orboard nrcommittee-please see reverse: I You must specify which position you are applying for Please refer to vacancy list. ]. Do you meet the residency,employment, and/or affiliation requirements ofthe position for which you're applying? If applicable, please refer twvacancy kist.) y""yes ( )no . 4. Which Council district doyou live in? �� - -------'( )One )Two (�)Three 5 �� v� . �m�ynuaU�dt�en? - - — - -�� '— ---- - - ---------------�'~yes ( )no �� 6. Are you n*gk�eredtovote inVVhutcumCounty? --- -------' ��yes ( )no 7. Have you ever been amember ofthis Buard/Cummission? ()Oyes ( )no 8. Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with VVhatcom County? yes ,~�� ) no If yes, please explain: You may attach a r6sonn6 or detailed summary ofexperience, qualifications, & interest im response tothe following questions, 9. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community 10. Please describe why you're interested in serving on this board or commission: References (please include daytimetelephone number): Signature of applicant: JACK LOUWS County Executive Ir-ll �rc�.., � e � V E 16 COUNCILMEMBB'& Barbara E Brenner Satpal Sldhu Barry Buchanan Rud Browne Todd Donovan Ken Mann Carl WHATCOM • ` • • • • • • •- IfMISSIONS PLEASE PRILEGIBLY and NT COMPLETE Name: CA <ds Date: Street Address: '`24 91-% City:�— Zip Code: Fa _ Mailing Address (if different from street address): Day Telephone: 1 0— M— 15 (09 Evening Telephone: 60 75? Cell Phone: E-mail address: d" 77 7 ® &A 19r. LA,y 1. Name of board or committee -please see reverse: &M-C. A 2aA t � /ad ca.- 2. You must specify which position you are applying for. Please refer to vacancy list. 3. Do you meet the residency, employment, and/or affiliation requirements of the position for which you're applying? (If applicable, please refer to vacancy list.) . -.._. __.. _...__._ O yes ( ) no 4. Which Council district do you live in?_..._..._.___._..._..__.____....._...._......._._..___.....__.__._..__._.._......_.._(One ( ) Two ( ) Three 5. Are you a US citizen? __..._ _._..___ _.._.. _._......_._ .- ()(yes ( ) no 6. Are you registered to vote in Whatcom County? __ ($j yes ( ) no 7. Have you ever been a member of this Board/Commission?- ( ) yes no If yes, dates: 8. Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? -__......._.__.__.._._..._.._.._._._..._.__-...._.__._. ( ) yes X no If yes, please explain: 9. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community � activities, and education. � 1 1 # 1 ® -t . 1 .1 ✓ , F .,/ 1 % %Dq t�A:—1 S k-A --� 1 W Z [. ca ku4 Kes� -rarM -r tiave- L-aA rfQ,�'S -:* S G v-4Ile- Za Dfu Please describe why you're interested in serving on this board or commission: Signature of applica IfcIVT THIS IS A PUBLIC DOCUMENT, As a candidate for a public board or commission, the above information will be available to the County Council, County Executive, and the public. All board and commission members are expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. 504 WUATrnM r"[TNTV r0ITATrI1, AGENDA BILL xo 2016-303 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assi ned to: Originator SM 9/23/16 r _- "' C L- Oct. 11, 2016 Council Division Head. �y OCT Dept. Head: Q1COS CUNCIL Prosecutor: Purchasing/Budget• Executive: -3 1& TITLE OF DirCUAWNT. Appointment to the Lodging Tax Advisory Committee ATTACHMENTS: Application for appointment. SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes ( X) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you mustprovide the language for use in the requiredpublic notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The Lodging Tax Advisory Committee unanimously approved a recommendation to appoint Loni Rahm to represent the vacant position for `tax recipient'. Accordingly, County Executive Jack Louws requests the confirmation of his appointment of Loni Rahm to the Lodging Tax Advisory Committee. COMMITTEE ACTION. COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Count 's website at: www.co.whatcom.wa.us/council. 505 JACK LOUWS County Executive OM CO �.9 IN q0 CCUNCILMEMBERS: Barbara E. Brenner Satpal Sidhu Barry Buchanan Rud Browne Todd Donovan Ken Mann Card Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRINT LEGIBLY and COMPLETE ALL ITEMS Name: Lon! Rahm Date: 8/2/16 Street Address: Home: 300 Island Green Way, Lynden, WA 98264 Work: 904 Potter Street, Bellingham, WA 98229 Mailing Address (if different from street address); Day Telephone: 360-671-3990 Evening Telephone: N/A Cell Phone:360-739-0027 E-mail address: Joni@bellingham,org 1. Name of board or committee -please see reverse: Lodging Tax Advisory Committee 2. You must specify which position you are applying for Per the RCW - the committee is comprised of equal Tease refer to vacancy list. numbers of generators and recipients of lodging tax. I represent recipients 3. Do you meet the residency, employment, and/or affiliation requirements of the position for which you're applying? (If applicable, please refer to vacancy list.) _ ( X) yes ( ) no 4. Which Council district do you live in?---------------------------------------------------------( ) One ( ) Two () Three 5. Are you a US citizen? X) yes ( ) no 6. Are you registered to vote in Whatcom County?----------------------------------------------------------( X) yes ( ) no 7. Have you ever been a member of this Board/Commission? --------------- If yes, dates:_I have been asked on occasion to attend meetings. - ( ) yes ( X) no 8. Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? ----------------------------------------( X) yes () no If yes, please explain: I am the President/CEO of Bellingham/Whatcom County Tourism - the officially designated You may attach a resurn6 or detailed summary of experience, qualifications, & interest in response to the following questions. 9. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community activities, and education. I am currently and have been a tourism/hospitality industry professional for over 25 years. I bring tourism marketing overview experience, historical information and hands-on expertise that will be of value to the LTAC. 10. Please describe why you're interested in serving on this board or commission: I represent Whatcom County -wide destination marketing and media relations. I would like to participate more fully in the Advance discussions and recommendations that impact and influence our organizational activities and strategies. References (please include daytime telephone number):Guy Occhiogrosso, Bellingham Chamber of Commerce: 734-1330 Alex Nephew, Hampton Inn:676-770"Randi Axelsson, Holiday Inn:303-3885 / Drew Schmidt, San Juan Cruises:738-8099 Signature of applicant: THIS A PUBLIC D C°r. MEN` d s of,candid ate for a public 'board or commission, the above information ilil be avalilafole to the Co�u��ty Coin l bunty Executive, and the public. All board and comrnissio�n r e fers :are expected to be fair, impartial, and respectful of the public, County staff,, and each other. Failure to abilde by these expectations may resullt in revocation of appointment and removal from the appolsn'Hve position. 506 bVHATCOM COUNTY COUNCIL AGENDA BILL NO. 2015-172A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Amy Keenan r f, , C: i 1 912312016 1011112016 - Introduction C� L' 1 Ih� �� Division Head: - ` 10/25/16 P&D / Hearing Mark Personius a 01 W pg-�"Co fF 0� a 0 g ! ! k) L) 'dC 1 L Dept. Head: Sam Ryanet✓�J�"`� Prosecutor: Royce Buckingham �y / Purchasing/Budget: Executive: Jack Louws I7TLE OF D NI A request for an itional one-year extension for final approval for the Lincoln Road Long Subdivision. ATTACHMENTS: 1. Cover Memo 2. Staff Report 3. Staff Memos 4. Site Plan 5. Extension Request 6. Interested Parties SEPA review required? ( X) Yes ( ) NO Should Clerk schedule a hearing? ( X ) Yes ( ) NO SEPA review completed? ( X) Yes ( ) NO Requested Date October 25, 2016 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Pursuant to WCC 20.85.355, the applicant is requesting an additional one-year extension for final approval of the Lincoln Road Long Subdivision and Planned Unit Development. COMMITTEE ACTION. • COUNCIL ACTION.° Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County 9s website at: www.co.whatcom.waus1council, 507 WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-778-5900, TTY 800-833-6384 360-778-5901 Fax TO: Honorable members of the Whatcom County Council FROM: Amy Keenan, AICP Senior Planner THROUGH: Mark Personius, Assistant Director DATE., September 23, 2016 J.E. "`Saar" Ryan Director SUBJECT: Lincoln Road - Extension to a Preliminarily Approved Planned Unit Development and Long Subdivision On August 23, 2005, Mike Owens applied for preliminary approval of a long subdivision and planned unit development (PUD). The proposal was to create 22 single family residential lots and one reserve tract on a 19.73 acre parcel in the Urban Residential (UR4) zone in the Birch Bay Urban Growth Area (UGA). The Whatcom County Council granted a major modification and a one year extension to the preliminary approval on June 9, 2015. The applicant requested an additional one year extension pursuant to WCC 20.85.355(3) on April 29, 2016. If granted, the applicant would have until May 19, 2018 to complete construction of the subdivision and record the final subdivision documents. WCC 20.85.355(3) specifically addresses conditions under which the County Council can approve extensions to preliminarily approved subdivisions: (3) The Whatcom County council shall have authority to grant two additional one-year extensions beyond the one-year extension authorized in subsection (2) of this section. Each such additional one-year extension may be granted after taking into consideration technical, economic and other matters beyond the control of the applicant and the council finds that there is reasonable justification for the granting of additional extensions. In granting each additional one-year extension beyond that approved in subsection (2) of this section, the council may take into consideration such changes in rules, regulations and ordinances that have occurred since the time the original approval was granted and may condition the extension so as to required compliance with any such subsequently adopted rules, regulations or ordinances, or portion thereof, that the council deems necessary to protect the public health, safety and welfare. Requests for extension shall be made in writing to the Whatcom County council prior to expiration of the initial PUD approval. As originally submitted, this subdivision is vested to the 1997 Critical Areas Ordinance (Ord. 1997-056) and stormwater regulations prior to the 2005 update. A Technical Review Committee (TRC) meeting was held for the extension request. The TRC is recommending that Council approve the requested one year extension with the conditions that the subdivision is consistent with the CAO and stormwater regulations in effect at the time of construction drawings submittal as allowed by WCC 20.85.355(3). These conditions will likely result in modifications to the preliminarily approved subdivision to reflect changes in wetland buffers and stormwater quality and detention requirements. Please feel free to contact me with any questions about this proposal at (360) 778- 594.3 or .akee�am=�hatcomcourty.#ss, 2 509 WHATCOM COUNTY J.E. "sari" Ryan Planning & Development Services Director 5280 Northwest Drive . Bellingham, WA 98226-9097 360-778-5900, TTY 800-833-6384 360-778-5901 Fax WHATCOM COUNTY PLANNTNG AND DEVELOPMENT SERVICES STAFF REPORT AND RECOMMENDATION TO THE WHATCOM COUNTY COUNCIL September 23, 2016 The application by Mike Owens for PUD2005-00007 an extension to a preliminarily LSS2005-00012 approved Planned Unit Development FINDINGS, CONCLUSIONS, AND and Long Subdivision RECOMMENDATIONS Summary: The applicant is requesting a one-year extension for final approval of Lincoln Road Long Subdivision and Planned Unit Development. Recommendation: The Technical Review Committee recommends approval of the requested extension, subject to conditions. "ANWAARIZ A. BACKGROUND INFORMATION Applicant: Mayflower Equities, Inc. Agent Darcy Jones Representative: Jones Engineers 4164 Meridian Street, Suite 304 Bellingham, WA 98226 Site Location/Address: South side of Lincoln Road, approximately 660 feet west of Blaine Road, Blaine, WA Legal Description: Located within a portion of the NW quarter of the NE quarter of Section 19, Township 40 North, Range 1 East, W.M. Assessor's Parcel Number: 400119 436463 Zoning: Urban Residential (UR4) 510 Comprehensive Plan: Subarea: Number of Lots: Reserve Area: Total Acreage: Roads: Water Supply: Sewage Disposal: Fire Protection: Law Enforcement: Public Schools: B. AUTHORIZING ORDINANCES: Lincoln Road PUD and LSS PUD2005-00007 and LSS2005-00012 Extension Staff Report Birch Bay Urban Growth Area (UGA) Birch Bay 22 single family lots and one reserve tract 13.5 acres 19.73 acres Public Road Birch Bay Water and Sewer District Birch Bay Water and Sewer District Whatcom County Fire District No. 21 Whatcom County Sheriff's Office Blaine School District No. 503 1. Revised Code of Washington Chapter 58.17 2. Whatcom County Comprehensive Land Use Plan. 3. Whatcom County Code Chapter 12.08, Development Standards 4. Whatcom County Code Chapter 15, Building Code 5. State Environmental Policy Act (SEPA). Washington Administrative Code Chapter 197-11, Whatcom County Environmental Policy Administration Chapter 16.08 6. Whatcom County Code Chapter 16.16, Critical Areas 7. Whatcom County Code Title 20, Official Whatcom County Zoning Ordinance 8. Whatcom County Code Title 21, Subdivision Regulations 9. Whatcom County Code Title 24, Health Regulations III. SITE DESCRIPTION The subject rectangular 19.73-acre site is located on the south side of Lincoln Road, approximately 660 feet west of Blaine Road. The property has approximately 662- feet of frontage along Lincoln Road and is approximately 1,300-feet deep. The terrain is described as generally flat with gentle slopes of 0-3% with a maximum slope of 5%. Vegetation on the site consists of forested areas with a mixture of coniferous and deciduous trees, shrubs, grass and wet soil plants. Property to the north of the site is currently zoned Rural (R10A) and consists of vacant land and large lot single-family development. Property to the south and east 2 511 Lincoln Road PUD and LSS PUD2005-00007 and LSS2005-00012 Extension Staff Report of the site is zoned R5A and consists of large single-family home sites. Property to the west of the site is zoned UR4 and is undeveloped pasture and forestlands. IV. PROJECT PROPOSAL The Lincoln Road development is a 22-lot single-family project located on 6.23-acres of the 19.72-acre site. The balance acreage (13.5-acres) will be set aside as a wetland/reserve tract, which may ultimately serve additional residential lots. Residential lots range from 6,000-square feet to 8,379-square feet in size. The applicant has submitted a Long Subdivision (LSS) and a Planned Unit Development (PUD) with the intent of providing flexibility in lot design and preserving and enhancing large areas of wetland. V. STATE ENVIRONMENTAL POLICY ACT (SEPA) The State Environmental Policy Act (SEPA) requires applicants to disclose potential impacts to the environment as a result of their project. The Environmental Checklist submitted by the applicant adequately discloses anticipated environmental impacts as a result of this project. A Mitigated Determination of Non -Significance was issued on May 7, 2008. No appeals of the MDNS were filed. VI. CONSISTENCY WITH REGULATIONS A. Whatcom County Zoning Regulations The following code details the approval timeframes for a Planned Unit Development (PUD): WCC 20.85.355 Initial approval time limits. (1) The applicant shall have five years from the date of council action, except as provided in subsection (4) of this section, to submit the final application pursuant to WCC 20.85.365. (2) An applicant who files a written request with the Whatcom County council prior to expiration of the five-year expiration period shall be granted a one-year extension upon showing that the applicant has attempted in good faith to complete the requirements necessary for submittal of final PUD approval within five years from the date of initial PUD approval. (3) The Whatcom County council shall have authority to grant two additional one-year extensions beyond the one-year extension authorized in subsection (2) of this section. Each such additional one-year extension may be granted after taking into consideration technical, economic and other matters beyond the control of the applicant and the council finds that there is reasonable justification for the granting of additional extensions. In granting each additional one-year extension beyond that approved in subsection (2) of this section, the council may take into consideration such changes in rules, regulations and ordinances that have occurred since the time the original approval was granted and may condition the extension so as to required compliance with any 3 512 Lincoln Road PUD and LSS PUD2005-00007 and LSS2005-00012 Extension Staff Report such subsequently adopted rules, regulations or ordinances, or portion thereof, that the council deems necessary to protect the public health, safety and welfare. Requests for extension shall be made in writing to the Whatcom County council prior to expiration of the initial PUD approval. WCC 21..05.039 Phasing, expiration and time extension for preliminary long subdivision approval. (1) Except as provided by subsection (1)(a) of this section, a final plat shall be submitted in proper form for final plat approval within seven years of the date of preliminary plat approval if the date of preliminary plat approval is on or before December 31, 2014, and within five years of the date of preliminary plat approval if the date of preliminary plat approval is on or after January 1, 2015. (a) A final plat shall be submitted in proper form for final plat approval within 10 years of the date of preliminary plat approval if this project is not subject to requirements adopted under Chapter 90.58 RCW and the date of preliminary plat approval is on or before December 31, 2007. (2) Extension of Time for Submittal of Final Long Subdivision. The expiration of a preliminary long subdivision approval may be extended under the following provisions: (a) An applicant files a written request with the subdivision administrator prior to expiration of the five-year expiration period. The request shall state the specific work items, standards, and criteria which have not been completed and the reasons therefor. The request shall also indicate when the work will be completed within the requested period. The subdivision administrator shall review the request and provide a recommendation to the hearing examiner. (b) The hearing examiner shall have authority to grant one one-year extension subsequent to the original preliminary plat approval. (c) The one-year extension may be granted if, after taking into consideration technical, economic and other matters beyond the control of the applicant, the hearing examiner finds that there is reasonable justification for the granting of an extension. (d) In granting the one-year extension the hearing examiner shall take into consideration such changes in rules, regulations, ordinances, or development standards, or portions thereof, that have occurred since the time the original approval was granted. (e) The hearing examiner may condition the extension so as to require compliance with any such subsequently adopted rules, regulations, ordinances, or development standards, or portion thereof, that are deemed necessary to protect the public health, safety and welfare. Discussion: The Whatcom County Hearing Examiner held a public hearing and recommended approval of the subdivision and PUD on May 6, 2009. The Whatcom County Council M 513 Lincoln Road PUD and LSS PUD2005-00007 and LSS2005-00012 Extension Staff Report adopted the Hearing Examiner's recommendation and approved the preliminary subdivision and PUD, subject to conditions, on May 19, 2009. The approval allowed the applicant five years to obtain final subdivision and PUD approval and record the mylar. The date for recording was May 19, 2014. On August 2, 2013, Council approved Ordinance 2013-049 which changed the dates for final subdivision approval, consistent with changes to RCW 58.17.140. Pursuant to WCC 21.05.039(1) subdivisions (and associated permits such as a PUD) that received preliminary approvals prior to December 31, 2014 were allowed seven years to reach final approval. The revised final subdivision approval timeframe, pursuant to WCC 21.05.039(1) was May 19, 2016. In working through the preliminary construction drawing phase of the project with Public Works Engineering Services (PWES) it became clear that the conditions of approval associated with off -site road improvements were no longer applicable. The applicant worked with PWES to revise those conditions. Given the amount of time the applicant spent working with PWES and the amount of work necessary to complete the modification the applicant also requested a one year extension to the final plat approval. Council granted approval of both, with a new expiration date of May 19, 2017. The applicant submitted a second request for extension which, if granted, would result in a new expiration date of May 19, 2018 (see Attachment A). If granted, all infrastructure would need to be complete and a mylar recorded on or before May 19, 2018 or the approvals associated with the subdivision and PUD would expire. At the time of the second extension request the applicant also requested that the project continue to be vested to the Critical Areas Ordinance (CAO) in effect at the time of a determination of complete application. The subdivision and PUD were determined to be complete on August 30, 2005 and as such is vested to the codes and regulations in effect at the time of a complete application (WCC 2.33). See the following table outlining the project timeframes associated with the subdivision and PUD: Permit Time€rames Application Submitted August 23, 2005 Application Determined Complete August 30, 2005 Hearing Examiner Recommendation May 61 2009 Whatcom. County Council Decision May 19, 2009 Original Expiration Date May 19, 2014 Expiration Date per WCC 21.05.039 1 A May 19 2016 Revision and Extension Request Submitted March 3, 3015 Revision and Extension Request Approved by Council June 9, 2015 Revised Expiration Date May 19, 2017 Second Revision Request Aril 29, 2016 Revised Expiration Date Requested* May 19, 2018* *requested expiration date, not yet granted. 5 514 Lincoln Road PUD and LSS PUD2005-00007 and LSS2005-00012 Extension Staff Report The subdivision was reviewed under the 1997 CAO (Ord. 97-056) and a previous Washington State Department Ecology Stormwater Manuel (Stormwater Manuel). PDS and PWES have reviewed the proposed expiration request and have determined that it is not appropriate to extend the project expiration date without requesting consistency with current development standards. The CAO review of the onsite wetlands and determination of buffers was done consistent with the 1997 CAO. In September of 2005 a revised CAO (Ord. 2005- 068) was passed by Council, and the Council is currently reviewing a new CAO. If the requested revised expiration date is approved by Council (with 1997 CAO) the wetlands will not have been reviewed in over thirteen years consistent with best available science established in 1997. Furthermore, pursuant to Revised Code of Washington (RCW) 58.17.170(3) (a), the lots associated with a final subdivision are governed by RCW 58.17.150(1) (3): (3)(a) Except as provided by (b) of this subsection, a subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances, and regulations in effect at the time of approval under RCW 58.17.150 (1) and (3) for a period of seven years after final plat approval if the date of final plat approval is on or before December 31, 2014, and for a period of five years after final plat approval if the date of final plat approval is on or after January 1, 2015, unless the legislative body finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. If the extension is granted, the wetlands and buffers associated with the project that were evaluated using the 1997 CAO, would not be reviewed again by PDS until 2023 (five years after final approval of the mylar, on or before May 19, 2018). Department of Ecology has created a wetland rating system for Western Washington in 2004, updated this rating system in 2008, and revised the rating system in 2014. Whatcom County uses this rating system to establish appropriate wetland buffers consistent with current BAS as required by WAC 365-195-915. With regard to stormwater a similar situation exists. This project is located within Birch Bay which is designated as a Special Stormwater District (Ord. 2005-030) and was subject to Whatcom County Development Standards Section 221. At the time of preliminary approval the applicant proposed to collect and treat stormwater in the existing drainage ditches or in an enclosed system, covey the stormwater to a regional detention pond and then release into the natural drainage system or onsite wetlands. At this time, PWES has not received an engineered stormwater plan as required by conditions of approval. It is appears the subdivision was vested to and preliminarily designed to the 2001 Stormwater Manuel which allowed discharge of stormwater to drainages or wetlands. If the proposal was submitted today, the stormwater would have to meet the requirements of the 2005 Stormwater Manual and Section 221 of the Whatcom County Development Standards. If the proposal was submitted after January 2017 it is likely the stormwater design for the subdivision would be required to meet the N. 515 Lincoln Road PUD and LSS PUD2005-00007 and LSS2005-00012 Extension Staff Report 2012 Stormwater Manual which would require using a prioritized list of stormwater facilities and/or demonstrate compliance with Low Impact Development Standards. The TRC requests that the applicant be required to submit civil construction drawings (for infrastructure development) consistent with the statutes, ordinances and regulations in effect at the time of submittal to PWES. At a minimum, this would include updated wetland and buffer review and stormwater design requirements. VII. FINDINGS OF FACT 1. A one-year extension request was submitted to PDS on April 29, 2016, within the timeframes identified in WCC 21.05.030 and WCC 20.85.355(3) and as detailed in the Whatcom County Hearing Examiner's Decision adopted by Council on May 6, 2009. 2. Pursuant to WCC 20.33.050, the subdivision and PUD are vested to the Determination of Completeness date of August 30, 2005 and critical areas review pursuant to Ord. 97-056 and the 2001 Ecology Stormwater Manuel. 3. A complete civil construction drawing set associated with roads, stormwater, water and sewer infrastructure has not been submitted to PDS or PWES. 4. Pursuant to WCC 20.85.355(3) the Whatcom County Council has authority to grant up to three one-year extensions to the final expiration of the subdivision and PUD. 5. In granting an extension, the Whatcom County Council may consider changes in rules, regulations and ordinances that have occurred in the time since preliminary approval was granted and may condition to require compliance with any adopted rules, regulations or ordinances deemed necessary to protect the public health, safety and welfare. 6. PDS and PWES are requesting the Whatcom County Council consider the updates to the critical areas and stormwater ordinances and request the applicant to prepare civil construction drawings and apply for final subdivision and PUD approval consistent with the ordinance in effect at the time of civil construction drawing submittal. VIII. RECOMMENDATION The TRC is requesting the Council approve the one-year extension subject to the following additional conditions of approval: IX. RECOMMENDED CONDITIONS OF APPROVAL 1. The final plat for Lincoln Road Subdivision and Planned Unit Development shall be 7 516 Lincoln Road PUD and LSS PUD2005-00007 and LSS2005-00012 Extension Staff Report submitted in proper form for final plat and planned unit development approval on or before May 19, 2018, unless that date is extended pursuant to WC 20.85.335. 2. A new wetland delineation shall be completed as required by WCC 16.16. A Critical Areas Report must be submitted addressing appropriate mitigation and protective measures. 3. Critical areas shall be reviewed in accordance with WCC 16.16 Critical Area regulations effect at the time of submittal of civil construction drawings. 4. Final set of civil plans including road design and stormwater design report that addresses conveyance, detention, and water quality measures prepared by a Washington State licensed civil engineer shall be submitted for review and approval by Whatcom County Engineering. 5. Applicant is required to submit a Traffic Impact Analysis Report (TIAR), as per conditions set forth in Memorandum dated January 6, 2015. 6. The proposed development shall be subject to most current Development Standards in effect at the time of final documents submittal. Report prepared for the Technical Review Committee by: Amy Keenan, AICP Senior Planner 517 WHATCOM COUNTY ENGINEERING SERVICES PUBLIC WORKS DEPARTMENT .4 o eoG JOSEPH P. RUTAN, P.E. JON HUTCHINGS s�ga County Engineer/Assistant Director Director 5280 Northwest Dr. i, Bellingham WA 98226-9098 ESN MG 0 GO Phone: 360.778.6220 Fax: 360. 778.6221 TO: AMY KEENAN, Senior Planner FROM: SANJIA SARISIC, PW Engineering Services � EXTENSIONSUBJECT: LSS2005-00012; PUD2005-00007 Lincoln Road Subdivision- 1 YR Q The applicant is requesting additional 1-year extension in order to complete the infrastructure and record the subdivision map. Applicant already received a 1-year extension that will expire on May 19, 2017. Engineering Services current review status is that applicant hasn't shown any work progress regarding preparation and submittal of: • Final Stormwater Design Report and Civil Plans • Traffic Impact Analysis Report Last communication with Engineer of Records (EOR) was via email in February of 2015. Engineering Services has the following requirements: 1. Final set of civil plans including road design and stormwater design report that addresses conveyance, detention, and water quality measures prepared by a Washington State licensed civil engineer shall be submitted for review and approval by Whatcom County Engineering. 2. Applicant is required to submit a Traffic Impact Analysis Report (TIAR), as per conditions set forth in Memorandum dated January 6, 2015. 3. The proposed development shall be subject to most current Development Standards in effect at the time of final documents submittal. If you have any question, please call me at 778-6251. Thank you. H:\PermltS,LSS\LSS05-00012 FINAL lincoln rd subdivision, lincoln rd.doc 518 9i►/HATC®M COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-676-6907, TTY 800-833-6384 360-738-2525 Fax SyrP \A 9ShIN�� Memorandum TO: Amy Keenan, Current Planning FROM: Joshua Fleischmann, Critical Area! DATE: June 22, 2016 SUBJECT: Lincoln Road - LSS2005-00012 J.E. "Sam" Ryan Director The above referenced file was routed to critical areas for review associated with an extension request. The following language was included in a memo from Joshua Fleischmann to Amy Keenan on April 8, 2015: The above referenced file was routed to critical areas for review. The applicant has submitted a request for a major modification to preliminary approval to alter the Public Works - Engineering off -site road improvement requirements and an extension request. The Whatcom County Code (WCC) the expiration of a preliminary long subdivision approval may be extended under certain conditions: - WCC 21.05.039(2)(c) "The one-year extension may be granted if, after taking into consideration technical, economic and other matters beyond the control of the applicant, the hearing examiner finds that there is reasonable justification for the granting of an extension,"; and - WCC 21.05.039(2)(d) "In granting the one-year extension the hearing examiner shall take into consideration such changes in rules, regulations, ordinances, or development standards, or portions thereof, that have occurred since the time the original approval was granted." My research indicates that the original application was reviewed under the 1997 Critical Areas Ordinance. It is my understanding that the request is necessary because of changes made by Whatcom County that came to light within the past year. Because the changed conditions are not the result of actions by the applicant, Critical Areas staff is in support of granting a 1-year extension. Any additional extensions necessary to complete conditions of preliminary long subdivision approval do not appear to be the result of changed conditions initiated by Whatcom County. Critical Areas staff would not be in support of granting additional 1-year extensions if the proposal is not consistent with the 2005 Critical Areas Ordinance, as discussed in WCC 21.05.039(2)(d). This additional extension request does not appear to be the result of changed conditions initiated by Whatcom County. Consistent with the final paragraph of the April 8, 2015 memo and WCC 21.05.039(2)(c) and (d), staff does not recommend approval of the 1 year extension request. 519 If, however, the Council wishes to allow for the extension, staff recommends that the project subject to the rules, regulations, ordinances, and development standards enacted on May 17, 2017, the present expiration date. 520 I _1._.-I.__1-_I__1_-I__ a N a s H, O 4 s ¢ _ a U � s L W o O o Z � d O � s a N n v v � o U W 0) LL O v W z `et Z W H LL. O z O o H O d s z� u `3 o dv 5 v � 3 rn x 0 _ o °J uE,9 T d zpw I ¢o I 1 - 1 aNr OZL6-Oaulo SZ86 VM �I8 "p21 uloou!l 91Sv L!0 i pall.!- apuopy n0 uoismapi IZS X m ~ u� a t- w Qz g �w a O F Z a vD J 9 O� m Za J o TM g �m� a U, 0�3 O w xr O \\ Yam cc Y or � J o8£ A Q asv x p S£96-0£Z86 ,VM auio18 Aom aldow £65S 011 an18 ool N 7 LL c O C 19�20 U oo 521 April 29, 2016 Amy Keenan, AICP Whatcom County Planning and Development Services 5280 Northwest Drive Bellingham, Washington 98226 RE: LSS 2005-00012 / PUD 2005-00007 Ms. Keenan, This purpose of this letter is to request an extension of time for the above referenced project pursuant to the criteria established in Whatcom County Code Title 21.05. It is our understanding that the approved Preliminary Plat and PUD application will expire on May 19, 2017. We respectfully request a one-year extension of time in order to complete the infrastructure and record the subdivision map. This extension request is necessitated due to pending public facility construction currently being planned by the Birch Bay Water and Sewer District. This circumstance is out of the control of the property owner/applicant. As I mentioned in my letter to you last March, 2015 we have been working closely with the Birch Bay Water and Sewer District to determine the exact scope and nature of the necessary water and sewer improvements for the project. The approved Preliminary Plat anticipated that the wafter main serving the project would be extended northerly along the existing East Avenue right of way (unopened), together with the proposed sewer main. However, Birch Bay Water and Sewer District has informed us that they require the project to extend the water main easterly along Lincoln Road to connect to a water main they are planning to construct along Blaine Road, southerly from the Sunday Harbor subdivision. Initially we had believed that that water main could possibly be constructed last summer, however it has taken longer than that. On April 20, 2016 we were informed that the District had obtained its wetland fill permit from the US Army Corps of Engineers and that it expects to begin construction of the water main along Blaine Road in approximately 2 months, after approval of their Whatcom County Shoreline permit. It appears that this construction work will be ongoing this summer. The applicant cannot proceed with the subdivision project until the water main construction in Blaine Road is complete. We anticipate the subdivision work will take approximately 4 months >.G;. , 3eiiirgrar982� ore 3883 522 overall. Therefore, it is very unlikely that we could complete construction of the project within the upcoming 2016 construction season. Given the costs associated with mobilization and the potential environmental challenges associated with stormwater and wetland monitoring and maintenance we would plan to start and complete the project during one building season rather than attempt to secure a partially disturbed site over the winter. We would therefore plan to begin and complete the work during the summer of 2017. Other considerations: Last March, 2015 the applicant submitted a request for a major modification to the approved preliminary plat based on changes to the criteria for evaluating the transportation mitigation requirements associated with land development projects, (DIMIS). Subsequently, in June, 2015 the Whatcom County Council approved an application for a modification of the conditions of approval for LSS 2005-00012 / PUD 2005-00007 related to the DIMIS revisions as well as a one year time extension for the project. A significant issue associated with the previously approved time extension is found in the memorandum prepared by the County Critical Areas staff, (attached). According to staff, they did not expect further delays which would be out of the control of the applicant, and therefore did not anticipate granting an additional time extension without compliance to the 2005 Critical Areas Ordinance. However, as discussed above, the requirements and timing of the water infrastructure system improvements proposed by the Birch Bay Water and Sewer District have been out of the direct control of the applicant. We therefore request that an additional one year time extension be granted and the project remain vested to the applicable development regulations, including the vested Critical Areas Ordinance. Thank you for your consideration of this request. Please do not hesitate to contact me if you have questions or comments. We will look forward to your response. Best Regards, Darcy Jones, PLS, AICP, LEEP-ND Jones Engineers, Inc. Cc: Client Tyler Schroeder 3 g39 523 Lincoln Road PUD and LSS PUD2005-00007 and LSS2005-00012 Major Modification and Extension Staff Report "Vested": As of August 30, 2005, which is subject proposed project's land use regulations vesting date, and "Effective": As of May 6, 2009, which is subject proposed project's Preliminary Plat approval date, and "Current": Corresponding to the submission date of a document or a permit application. The Technical Review Committee has determined that, as conditioned, the project meets the requirements of WCC Chapter 12.08. B. Building and Fire Code (WCC Title 15) WCC Title 15 adopts and amends the applicable building and fire codes. The Building Official is authorized to promulgate such runes, policies and/or procedures as deemed necessary for the efficient operation of the permit process as administered by the department of building safety, designated in IBC Section 103.1, and hereby referred to as the building services division of the Whatcom County Planning and Development Services Department. WCC Title 15 adopts and amends the applicable fire codes. The Fire Marshal is authorized to promulgate such rules, policies and/or procedures as deemed necessary for safety, designated in IBC Section 103.1, and hereby referred to as the Office of the Fire Marshal. The Whatcom County Fire Marshal submitted a memo dated April 3, 2015 with the following discussion: The Whatcom County Fire Marshal's Office has reviewed the above permit application and we have no additional comments or conditions. The proposal shall comply with all applicable codes and ordinances adopted by Whatcom County. Any overlooked hazardous condition and/or violation of applicable code does not imply approval of such condition or violation. The Technical Review Committee has determined the proposed modification meets the requirements of WCC Title 15. C. Critical Areas (Title 16) WCC Chapter 16.16 of the Whatcom County Code contains standards, guidelines, criteria and requirements intended to identify, analyze, preserve and mitigate potential impacts to the County's critical areas and to enhance and restore degraded resources such as wetlands, riparian stream corridors or habitat, where possible. The proposed modification was reviewed by Critical areas staff and a memo was issued on April 8, 2015 with the following discussion: Page 6 of 20 261 524 Lincoln Road PUD and i_SS PUD2005-00007 and LSS2005-00012 Major Modification and Extension Staff Report The above referenced file was routed to critical areas for review. The applicant has submitted a request for a major modification to preliminary approval to alter the Public Works - Engineering off -site road improvement requirements and an extension request. The Whatcom County Code (WCC) the expiration of a preliminary long subdivision approval may be extended under certain conditions: WCC 21.05.039(2)(c) "The one-year extension may be granted if, after taking into consideration technical, economic and other matters beyond the control of the applicant, the hearing examiner finds that there is reasonable justification for the granting of an extension,"; and WCC 21.05.039(2)(d) "In granting the one-year extension the hearing examiner shall take into consideration such changes in rubes, regulations, ordinances, or development standards, or portions thereof, that have occurred since the time the original approval was granted." My research indicates that the original application was reviewed under the 1997 Critical Areas Ordinance. It is my understanding that the request is necessary because of changes made by Whatcom County that came to fight within the past year. Because the changed conditions are not the result of actions by the applicant, Critical Areas staff is in support of granting a 1-year extension. Any additional extensions necessary to complete conditions of preliminary long subdivision approval do not appear to be the result of changed conditions initiated by Whatcom County. Critical Areas staff would not be in support of granting additional 1-year extensions if the proposal is not consistent with the 2005 Critical Areas Ordinance, as discussed in WCC 21.05.039(2)(d). The Technical Review Committee has determined the proposed major modification meets the requirements of WCC Chapter 16.16. r .. To promote an orderly transition from rural to urban development, the intent of this district is to encourage land uses and associated densities in designated urban growth areas, which will be complementary with future urban densities and services, while allowing reasonable transition uses of properties. Furthermore, it is the intent of this district to implement the policies of the Comprehensive Plan. In addition, it is the intent of this district to provide the opportunity for the development of building sites which will maximize the efficient use of both energy and land by allowing an option for clustering of residential lots. The Technical Review Committee has determined that the proposed major modification will not impact density, lot sizes or design of the preliminarily approved subdivision. The proposal will meet the requirements of WCC Chapter 20.20, 262 Page 7 of 20 525 Interested Parties Mike Owens 1536 Willie Lake Road Ferndale, WA 98248 Darcy Jones Jones Engineers, Inc. 4164 Meridian Street, Suite 200 Bellingham, WA 98226 Jon Sitkin Chmelik, Sitkin and Davis 1500 Railroad Avenue Bellingham, WA 98225 Shawn Alexander PO Box 359 Olga, WA 98279 526 WHA►CUM COUNTY CUUNCIL AGENDA BILL NO. 2U1b-6U4 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: PJH 9121116 October 11, 2016 Introduction Paula J. Harris n c� ICiI �� ( Division Head: Gary Stoyka ��' AA 6 I October 25, 2016 Public Hearing WCFCZDBS Dept. Head: ion Hutrhinnt nr T0 4 Chief Civil Deputy dig 9/17/16 COUNTY Prosecutor: Dan Gibson COUNCIL Purchasing/Budget: bb A L 09128116 �J I (G Executive: TITLE OF DOCUIN'T A Resolution by th Governing Body of the County -Wide Flood Control Zone District (WCFCZD) extending the funding mechanism and funding level for the Samish Watershed Subzone. ATTACHMENTS: SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing? ( x ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Resolution extending the funding mechanism for the Samish Watershed Subzone at the current level for 2017 and subsequent years until revised by further resolution. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #. Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wo.us/council. 997 SPONSORED BY: CONSENT PROPOSED BY: PUBLIC WORKS INTRODUCTION DATE: A Resolution by the Cxovernina gorily of the IV County -wide Flood Control Zone District hereinafter referred to as the Whatcom County Flood Control Zone District (WCFCZD) Resolution No. EXTENDING THE CURRENT WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT (WCFCZD) FUNDING MECHANISM AND LEVEL FOR THE SAMISH WATERSHED SUBZONE WHEREAS, the WCFCZD was duly created by Whatcom County to provide a governmental entity and structure through which to address flooding and achieve flood damage reduction in Whatcom County; and WHEREAS, the Samish Watershed Subzone was established, in terms of governance structure, as set forth thoroughly in the preamble to Ordinance 2006-027; and, WHEREAS, Resolution NO. 2007-068 provided for a funding mechanism through 2016; and, WHEREAS, the Subzone assessment is used to fund maintenance and operation of the Friday Creek dam and removal of debris from the Lake Samish outlet channel; and, WHEREAS, since it is the intent of the Board of Supervisors of the flood control zone district that the activities funded through the Samish Waterhshed Subzone be continued for 2017 and subsequent years, the district needs a continuing source of funding during that time; and, WHEREAS, the use of assessments is a proper funding mechanism for Subzone activities; NOW, THEREFORE, BE IT RESOLVED by the WCFCZD Board of Supervisors that the funding mechanism for the Samish Watershed Subzone, be extended until such time as it is amended by further resolution of the Board and be as follows: 528 An annual assessment of $0.23 per lake frontage foot, with a minimum lake frontage assessment of $2.30 and $14.94 per domestic unit, previously levied for the Samish Watershed Subzone in Resolution NO. 2007-068, shall be effective in 2017 and subsequent years, until further amended by the Board of Supervisors, provided that revenue from said charges shall be administered in accordance with the Provisions of RCW 86.15 and in compliance with RCW 86.09. BE IT FURTHER RESOLVED that the following parcels are exempt from paying fees to the Samish Watershed Subzone: a. All parcels owned by the Federal Government, b. All parcels classified as Indian Lands held in trust, C. All parcels exclusively classified as mineral rights, d. All parcels owned by the State, classified as "bedlands or tidelands", e. All parcels with total fair market value (per County Assessor records) less than or equal to $2,500. APPROVED this day of , 2016 WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: Daniel L. Gibson, Chief Civil Deputy Prosecutor Barry Buchanan, Chair of WCFCZD Board of Supervisors 529 2016-305 WHATCOM COUNTY COUNCIL AGENDA BILL NO. CLEARANCES Initial Date Date Received in Council Office A ends Date Assigned to: 10111116 Intro Originator I Division Head: 10125116 Finance -�� t, ;_ J Committee; T Council Dept. Head: g� `�'' ��"n TG0 COU 9 9 N COUNCIL Prosecutor: 6 3/30 1 � Purchasin ud et: B `� Executive: L3 O ,3 TITLEOFDOCU It 016 Supplemental Budget Request #16 ATTACHMENTS: Ordinance, Memoranda & Budget Modification Requests SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a bearing? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Supplemental #16 requests funding from the General Fund. 1. To appropriate $4,370 in WSU Extension to fund Facilitator Training for the Strengthening Families Program from Health Department transfer. 2. To appropriate $/0,000 in WSU Extension to fund Community Horticulture and Waste Reduction education from Solid Waste Fund transfer. COMMITTEE ACTION: COUNCIL ACTION.• Related County Contract #: Related File Numbers: Ordinance or Resolution Number: 530 PROPOSED BY: Executive INTRODUCTION DATE: 10/11/16 ORDINANCE NO. AMENDMENT NO. 16 OF THE 2016 BUDGET WHEREAS, the 2015-2016 budget was adopted November 25, 2014; and, WHEREAS, changing circumstances require modifications to the approved 2015-2016 budget; and, WHEREAS, the modifications to the budget have been assembled here for deliberation by the Whatcom County Council. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the 2015-2016 Whatcom County Budget Ordinance #2014-065 is hereby amended by adding the following additional amounts to the 2016 budget included therein: Fund Expenditures Revenues Net Effect General Fund WSU Extension 14,370 (14,370) - Total General Fund 14,370 (14,370) Total Supplemental 14,370 (14,370) ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: Civil Deputy Prosecutor 12016. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Chair of the Council ( ) Approved ( ) Denied Jack Louws, County Executive Date: T:\BUDGET\SUPPLS\2016_Suppl\Supplementa1 #16-2016.docx 531 WHATCOM COUNTY Summary of the 2016 Supplemental Budget Ordinance No. 16 Department/Fund Description Increased (Decreased) Expenditure (Increased) Decreased Revenue Net Effect to Fund Balance (Increase) Decrease General Fund WSU Extension To fund Facilitator Training for the Strengthening Families Program from Health Department transfer. 4,370 (4,370) - WSU Extension To fund Community Horticulture & Waste Reduction education from Solid Waste Fund transfer. 10,000 (10,000) - Total General Fund 14,370 (14,370) Total Supplemental 14,370 (14,370) 532 Whatcom County WSU Extension 1000 North Forest Street, Suite 201 Bellingham WA 98225 360-778-5800 I►� _ U_ M . \ It 1AI TO: Jack Louws, Whatcom County Executive Whatcom County Council From: Drew Betz, WSU Whatcom County Extension „ t� 46 Date: September 23, 2016 Subject: Supplemental Budget Increase Requested Action: We are requesting Council consideration and approval of the attached supplemental request to increase the expenditure authority for the Strengthening Families Program in the amount of $4,370. Background and Purpose: Additional training is required to staff our program and to retrain existing program staff in the 2015 revision of the evidence based program. The program is an evidence based model and the program developers have made improvements to the program that we need to adapt to assure the best outcomes for our participants. Funding Amount and Source The Health Department secured funds from the state and granted them to our program via an Interdepartmental Fund Transfer in the amount of 4,370. There is no increase to the General Fund for this request. Please contact Drew Betz at extension 5805 if you have any questions regarding this request. Encl. 533 Supplemental Budget Request Status: Pending WSU Extension Supp7 ro # 2193 Fund 1 Cost Center 2003 Originator. Drew Betz Expenditure Type: One -Time Year 2 2016 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request. Strengthening Families Facilitator Training X Department Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 6120 Extra Help $2,200 6230 Social Security $168 6259 Worker's Comp-Interfund $38 6269 Unemployment-Interfund $3 6320 Office & Op Supplies $1,151 7140 Meeting Refreshments $810 8301 Operating Transfer In ($4,370) Request Total $0 la. Description of request. 3 day Facilitator Training and update for current staff. 1b. Primary customers: Strengthening Families program participants in Whatcom County. 2. Problem to be solved. The lack of qualified and trained facilitators in Whatcom County. 3a. Options /Advantages: Sending participants out of county causing the cost of training to be increased, and the number of participants would be decreased. 3b. Cost savings: Travel expenses and higher registration fees. 4a. Outcomes: 18 - 24 people will be trained and updated to teach SFP curriculum and understand the impact of fidelity on program outcomes 4b. Measures: Training participants sign in sheet. Number of participants and surveys 5a. Other Departments/Agencies: 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: Whatcom County Health Department Monday, September 26, 2016 Apt: Apt Suppl Regular 534 Whatcom County WSU Extension 1000 North Forest Street, Suite 201 Bellingham WA 98225 360-778-5800 MEMORANDUM TO: Jack Louws, Whatcom County Executive Whatcom County Council From: Drew Betz, WSU Whatcom County Extension�� Date: September 23, 2016 Subject: Supplemental Budget Increase Requested Action: We are requesting Council consideration and approval of the attached supplemental request to increase the expenditure authority for the Community Horticulture Program in the amount of $10,000. Background and Purpose: The Solid Waste Advisory Committee sought to increase the amount of composting and recycling education that was being delivered to adult audiences throughout the county. This request enhances our ability to deliver that education. The ultimate goal is increased waste reduction practices throughout the county. Funding Amount and Source This $10,000 increase comes from the Solid Waste funds and does not impact the General Fund. An interdepartmental agreement was signed with the health department to provide the funds. Please contact Drew Betz at extension 5805 if you have any questions regarding this request. Encl. 535 Supplemental Budget Request Status: Pending WSU Extension Supp7 lD # 2196 Fund Cost Center 2001 Originator: Chris Benedict Expenditure Type: One -Time Year 2 2016 Add'1 FTE ❑ Add'1 Space O Priority 1 Name of Request: Community Horticulture & Waste Reduction X Department Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 6320 Office & Op Supplies $1,000 6630 Professional Services $9,000 8301 Operating Transfer In ($10,000) Request Total $0 la. Description of request: The proposed service educates Whatcom County residents on waste reduction and diversion by developing multi -media web -based educational materials. Additionally, a thorough survey of current practices by and knowledge of residents is needed to target education efforts and to track changes in knowledge and behavior. 1b. Primary customers: Whatcom County residents, waste service providers, and policy makers. 2. Problem to be solved: There is a need to reduce pressures on local and regional landfills by diverting compatible waste to recycling or composting facilities. Current data on knowledge of and behavior by residents is largely unknown and is necessary for education planning 3a. Options /Advantages: Other options do not reach such a wide audience such as younger residents who rely largely on visual, web -based avenues to inform themselves. 3b. Cost savings: 4a. Outcomes: Outcomes include quantification of current waste behaviors by Whatcom County residents through survey results by the end of 2017. Additionally, multi -media materials will be completed by the end of 2016 and we expect that 1,000 — 2,000 online views will be tallied by the end of 2017. 4b. Measures: Current behaviors and knowledge will be captured through electronic, written, and in -person surveys. Views of multimedia materials will be captured through online metric tools such as Google analytics. 5a. Other Departments/Agencies: None 5b. Name the person in charge of implementation and what they are responsible for: Does not apply. Monday, September 26, 2016 Rpt: Rpt Suppi Regular 536 Supplemental Budget Request Status: Pending WSU Extension Supp.l ID #- 2196 i Fund Cost Center 2001 6. Funding Source: Whatcom County Health Department Originator. Chris Benedict Monday, September 26, 2016 Rpt: Rpt Suppl Regular 537