HomeMy WebLinkAboutord2023-017Whatcom County COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Agenda Bill Master Report
File Number: AB2023-166
File ID: AB2023-166 Version: 1 Status: Adopted
File Created: 02/23/2023 Entered by: RMyers@co.whatcom.wa.us
Department: Health Department File Type: Ordinance
Assigned to: Council Public Works & Health Committee Final Action: 03/21/2023
Agenda Date: 03/21/2023 Enactment#: ORD
2023-017
Primary Contact Email: jhayden(a.�co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Ordinance establishing a compost procurement policy
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
The Legislature in 2022 adopted House Bill 1799, requiring counties like Whatcom to adopt a
compost procurement ordinance by January 1, 2023. The requirement is codified in RCW
43.19A.150. The intent of the ordinance is to encourage cities and counties to procure more of
the compost and finished products created from their organic material wastes in order to support
the economic viability of composting and increasing the likelihood that composting and other
responsible organic material management options are economically viable.
HISTORY OF LEGISLATIVE FILE
Date: Acting Body:
Action:
Sent To:
03/07/2023 Council INTRODUCED Council Public Works & Health
Committee
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
03/21/2023 Council Public Works & Health RECOMMENDED FOR
Committee ADOPTION
Aye: 3 Frazey, Galloway, and Kershner
Nay: 0
Whatcom County Page 1 Printed on 312212023
Agenda Bill Master Report Continued (AB2023-166)
03/21/2023 Council ADOPTED
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Attachments: Staff Memo, Proposed Ordinance
Whatcom County Page 2 Printed on 312212023
1 PROPOSED BY: Health Department
2 INTRODUCTION DATE:
3
4
5 ORDINANCE NO. 2023-017
6
7 ESTABLISHING A COMPOST PROCUREMENT POLICY
8
9 WHEREAS, in March 2022, ESSHB 1799 was signed into Washington law to increase
10 the diversion of organic materials to productive uses in order to reduce methane emissions
11 caused by landfills; and
12
13 WHEREAS, RCW 43.19A.150 requires that most cities and counties adopt a compost
14 procurement ordinance by January 1, 2023
15
16
17 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
18
19 Section 1. Definition. A "Finished Compost Product" means a product created with
20 "composted material" as defined in RCW 70A.205.015(3). Finished Compost Products
21 include, but are not limited to, 100% finished compost or blends that include compost as a
22 primary ingredient. Mulch is considered a Finished Compost Product if it contains a
23 minimum of sixty percent composted material. Bark is not a Finished Compost Product.
24
25 Section 2. General Policy. Whatcom County shall purchase finished compost products as
26 needed for use in public projects in which compost is an appropriate material in county
27 projects or on county land. Whatcom County is not required to use compost products if:
28 a) Compost products are not available within a reasonable period of time;
29 b) Compost products that are available do not comply with existing purchasing
30 standards;
31 c) Available compost products do not comply with federal or state health, quality, or
32 safety standards; and
33 d) The total cost of using compost is financially prohibitive
34
35 Section 3. Planning. In order to meet the general policy, Whatcom County shall plan for
36 compost use in the following categories:
37 a) Landscaping projects;
38 b) Construction and postconstruction soil amendments;
39 c) Applications to prevent erosion, filter stormwater runoff, promote vegetative growth,
40 or improve the stability and longevity of roadways; and
41 d) Low -impact development of green infrastructure to filter pollutants to keep water
42 onsite or both.
43
44 This plan will be re -assessed by December 31, 2024, and each December 31st of even-
45 numbered years thereafter as part of its reporting obligations in Section 5.
46
47 Section 4. Local Purchasing. Whatcom County will purchase finished compost products from
48 companies producing compost locally, are certified by a nationally recognized organization,
49 such as the United State Composting Council, and produce finished compost products that
50 are derived from municipal solid waste compost programs while meeting quality standards
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adopted by the department of transportation or adopted by rule by the Department of
Ecology.
Section 5. Education. Whatcom County shall conduct educational outreach to inform
residents about the value of compost and how the jurisdiction uses compost in its
operations each year.
Section 6. Reporting. Departments that use compost shall report the following information
to the solid waste division by each December 15:
a) The volume and cost of compost purchased by the department in that year; and
b) The source or sources of the compost purchased by the department in that year.
By December 31, 2024, and each December 31st of even -numbered years thereafter,
Whatcom County shall report the following information to the Department of Ecology:
a) The total tons of organic material diverted each year;
b) The volume and cost of composted material purchased each year; and
c) The s.ource,(s),of the finished compost product purchased.
`,ADOPTED�t�i`� ° 2 day of March 20 23
e o GOVNa�
WHATCOM COUNTY COUNCIL
TCOM COUN WAS INGTON
Dana Brown-bavis erk o e Council Barry u anan, ouncil Chair
WHATCOM COUNTY EXECUTIVE
APPROVED AS TO FORM:
/s/ Royce Buckingham
Civil Deputy Prosecutor
Executive
Page 2
WHATCOM COUNTY ASHINGTON
Satpal Si hu, County Executive
X) Approved ( ) Denied
DateSigned: -]�> I2a`ys