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Solid Waste Transition Committee September 2002Solid Waste Transition Committee Report Introduction The Solid Waste Transition Conunittee met 10 times over a period of 4 months to gather information and testimony in the preparation of this report. Research conducted by individual committee members supplemented this study. The Committee members: Larry Wendel, Chairman Dave Arnold Pat Farrar Jessie Lang Joe McKinnon Dick Neff We hope our report will assist you in the task that lies ahead of you. We thank you for your commitment to public service and wish you well in the work that you are undertaking on behalf of all our citizens. i Contents 'Mission Statement Existing Conditions Collection Disposal Recycling and Composting Transfer Station Comprohensive Plan Health District A4 pendices= A-.>C'.xisting Sy stern Regional system inibrmafton 'ripping fee breakdown Revenue sources Excerpts from bond documents and power contract "Considerations" handout provided by Spokane County B - Collection Disposal Collection i forina#ion compiled by Dick Neff Letter fi-cm W- FTC Letter from Waste Management Summary of Pay as You Throw progams (one cape cf the complete study given to staff) -Recycling/composting Background material compile'cl by Pat Farrar t D - Valley Transfer Station Transfer Station expenses (compiled by Eric Lars(,,n, System accountant} - .ls and AO Sections relevant to solid waste issues in this report F - pokane Regional flea ith District .Board of Health Bylaws SOLID WASTE COMMITTEE FISSION The mission of this committee is to provide the City Council with information, options and recommendations to assist with solid waste issues for the present and the future. 0~ SOLID WASTE COMMITTEE VISION Advancing environmentally sound, quality services that are cost effective. f l Existing Conditions ' The Spokane Region a] Solid Waste System The System was created by interloc l agreement between Spokane County and the City of Spokane on October 'k 1, 1998. All teu of the incorporated cities in existence at that tune, and Fairchild Air Force Base, also entered into Diteflocal A.greeinents and are part of the System. The System operates as a department o f the City of Spokane's govem went, but manages solid waste facilities and contracts for the benefit of City and County residents. The concurrence of the County is required for certain major decisions. Waste to Energy Facility The W4 iste to Energy Facility is located on a 52-acre site approximatOy 1.5 miles west of the city limits, on land leased from the Spokane International Airport Board. All electricity generated by the facility, except that used for in-plant purposes, is sold to Puget Sound Energy. These revenues are income to the System. The ash generated by the combustion process is approximately 32% of the incoming material by weight, but only about 10% by voluine. The System has a contract with the Regional Disposal Company to dispose of the ash at the Rabancc RegionaI Landfill in liekitat County. The TE facility generates approximately 93,400 toss per year of ash. Approximately 10,400 tons of ferrous metals each year are separated fa-cm the ash. baled and recycled. 't'ransfer Stations[WTE Recycling-Centers bath cf•the three System disposal facilities (the WTF Facility, and two Transfer Stations) has a drop-off recycling center that is acecssible without crossing, :lie scale. These centers accept newspapers, magazines, telephone books, corrugated cardboard, glass bottles and jars, Codes. 1 & 2 plastic bottles and figs (including colored code aluminum cans, tin cans; and all types of scrap metal, 'Household Hazardous Waste Each. disposal facility also has a household hazardous wade (HHW) facility, adjacent to the recycling area, which is open to the public during the same hours as the disposal sites, These facilities are accessed without crossing the scales and materials are accepted without charge. The HHW facilities accept household batteries; automotive batteries, rnotof oil, paints and solvents, and other household hazardous waste. Solid Waste Collection Solid waste collection is currently provided by two private companies. They are franchised and regulated, including rates, by the Washington State UtiIi6es and Trausportation' onunission {WUT - Suhscription to the service is voluntary. Curbside Recycling Collection Curbside recycling collection, provided by Waste Management; is included in garbage sen ce in urbaa county areas. The System. provides educational support and recycling bins for city and county curbside collection programs. Recycling Hotline , . The Spokane Regional Recycling Hotline has been in operation since March 6, 1989. The Hotline provides information on recycling, including what is recyclable and where to recycle, composting, and System facilities. The 14otline files also include basic hazardous waste information for households and businesses. Waste Audit Services The Waste Reduction Audit Program, under contract to the System, provides recycling/reuse consulting to Spokane County commercial and institutional accounts. This service is free regardless of account size and has resulted in significant cost savings to many businesses that have implemented programs. Regional ;Litter Crews The SRSWS provides financial support for the litter and illegal dump cleanup activities of the Code Enforcement Department. Approximately $ 1.50 from each ton of waste disposed by City & County residents/businesses is allocated for this function. The crews work almost equally in the City and County, with 148.5 tons removed in the City of Spokane and 137 tons removed in the County. Spokane County Comprehensive Solid Waste Management Plan The Spokane County Comprehensive Solid Waste Management Plan, adopted by the Board of County Commissioners, the City of Spokane, all ten regional cities in existence at that time, and Fairchild Air Force Base, guides the activities of the Spokane Regional Solid Waste System. The Solid Waste Advisory Committee (SWAG) helped develop the Plan. Goals established for the flan include: o Continuing the development of an integrated solid waste management system that provides environmentally safe and cost-effective methods of solid waste handling, processing, and disposal o Establishing a solid waste systein that incorporates national, state, and local priorities for managing solid waste (waste reduction, recycling, energy recovery/landfill) Spokane County Solid Waste Advisory Committee In 1985 the Spokane County Board of Commissioners established the Solid Waste Advisory Committee (SWAC). The SWAC is assigned the task of assisting in the development of programs and policies concerning solid waste handling and disposal and reviewing and commenting upon proposed rules, .policies or ordinances prior to their adoption. The SWAC is made up of citizens with various backgrounds. There are vacancies, and the County Commissioners are accepting applications. Spokane Regional Solid Waste System Liaison Board The Spokane Regional Solid Waste System Liaison Board was created by Interloctrl Agreement in 1989 and currently consists of two City representatives, two County representatives, and one representative selected by the smaller Regional Cities. The members are elected officials and are appointed by, and serve at, the discretion of their respective government bodies. The Liaison Board's purpose is to recommend policy and provide oversight on matters pertaining to the management of solid waste and related environmental issues in the City and County of Spokane. The Regional System includes the Waste to Energy Facility, North County and Valley "Transfer Stations, Regional Compost Facility, and Northside Landfill. Responsibilities include recycling/waste reduction, composting, and household hazardous waste programs. Compiled by Jessie Lang 2, Collection.of Solid Waste ~,Jy Introduction Before incorporation, the residents within the boundaries of Spokane Valley had two choices regarding solid waste removal from their property: they could self-haul to one of the System solid waste facilities, or they could use the collection services provided by the two private companies franchised and regulated by the Washington State Utilities and Transportation Commission (WUTC.) Waste Management of Spokane (WM) serves residential and commercial customers, but Sunshine Disposal has only commercial accounts. Waste Management of Spokane is the only residential solid waste collector authorized by the WUTC to do business within the boundaries of the City of Spokane Valley. Both Sunshine Disposal and Waste Management have permits to collect commercial waste. o WM lists 19,757 residential customers and 2,725 commercial accounts (including some commercial accounts outside the City limits.) o Sunshine has approximately 500 commercial accounts, including those inside and outside the City. o Approximately 80% of the residents are served by WM; the other 20% self haul. o There are approximately 33,100 households, including apartments, in the City. o Using the garbage collection service is not mandatory. This report will focus on the choices that are now available to the City of Spokane Valley for collection services. Option # I - Status Quo The City can leave collection as it is. Solid waste would continue to be collected by the two private companies. The WUTC would continue to regulate them and set their rates. 'No laws or regulations in the State of Washington, or in Spokane County, require the City to change the refuse system that is currently in place. Since there is also no mandated time limit on when the City needs to make collection decisions, there is no deadline. The City Council may simply choose to take no action on solid waste at this time, while understanding that they may revisit this issue in the future. Advantages: o No administrative, contractual or legal work required. Disadvantages: o The City would be "out of the loop" and have no control over services. Cost: o None 1 3 Option # 2 - Service Level Ordinances or Resolutions All private solid waste haulers that service unincorporated areas of Washington State must be franchised by the WUTC, which regulates such things as the rates charged to customers and the level of service that must be provided (including containers, schedules, recycling programs, etc.) Upon incorporation, a new City may send a written,request to the WUTC to change the service level to reflect the needs and desires of the City. Upon approval, the WUTC will then require the haulers to provide the service as requested. (See RCW 70.95.030) Advantages: o The City could choose its own solid waste service levels. o WUTC would continue to have the implementation and enforcement responsibilities. Disadvantages: o The City is still somewhat "out of the loop" but less so than with Option 1. Cost: o Relatively minor, legal fees for drafting the Ordinance or Resolution. Option # 3 - Condemnation or Buy-out In order to encourage participation and investments by private sector garbage companies as WUTC franchise holders, state law guarantees all such enterprises a continuance of their business operations within the territory of a newly incorporated city for no less than a mandatory seven years. (See RCW 35.02.160) The only exception to this law is if the City either exercises its right as an incorporated entity to condemn or purchase the franchises within its territory and take over the collection business (RCW 35.21.152.) T However, RCW 35.02.160 also guarantees the company full legal recourse to recover any and all financial losses incurred during the entire seven year period. The City would also be liable for all legal costs and the expense of an independent arbitrator if necessary. Condemnation and buy-out are really two separate options, but they have been combined in this report because the impacts to the City are very similar. Advantages: o Complete removal of WUTC oversight and regulatory authority o City would be solely responsible for its own collection decisions Disadvantages: o The City would need a number of additional employees, maintenance facilities, equipment replacement funds, etc. Cost: o Very high (purchase of equipment and facilities, plus 7 years revenue, adjusted for inflation) 4 Option # 4 - Contract CD State law allows a newly incorporated city to enter into contracts directly as a municipality writh any or all collection companies currently holding a WUTC franchise for the area within the new city (RCW 35.21.152.) The contract would be for no less than the seven years the contractor(s) would be entitled to by law. At the end of the period, the City could renegotiate contracts with the existing haulers or open it up to competitive bidding. The City of Spokane Valley can also give notice in writing to the `VUTC and the collection companies of its intent to take over the collection areas at the end of the seven year period (RCW 35.02.160.) (This can be done whether or not the City contracts with either company.) Notification "starts the clock" on the state mandated seven year business guarantee for the franchised haulers-currently in operation. . Advantages: o The City would be in control of most aspects of its solid waste collection. o Seven years following notification, the City will have more choices and options for providing collection service. Disadvantages: o Additional staff will be needed to oversee the contract. Cost: o Medium? (Someone to over see contract [Solid waste director?), legal time to draft contract, customer service calls to staff, etc. 0 Committee Recommendation The Solid Waste Transition Committee recommends Option # 4. This option provides the City with the best balance of opportunities and benefits at the least cost, while retaining the ultimate control of all collection decisions by the elected representatives of the people whom it will most impact - the residents of the City of Spokane Valley. Other Collection Issues Voluntary vs. Mandatory Service Signing up for garbage collection is voluntary in the County, but cities have the authority to require everyone to have garbage service. Advantages: o Garbage wouldn't sit on property for an extended period of time before the resident hauled it to a disposal facility.. o Economy of scale might make the monthly cost per household slightly cheaper. Disadvantages: o The approximately 20% of residents that don't currently have service evidently don't want it (it is available to them now) and will resent being forced to sign up. Cost: o Almost none to City (enforcement?); effect would be on individual residences. Conunittee Reconunendation: Leave the service voluntary at this time. Incremental Collection Costs Rates can be structured to increase the cost differential between the first and second cans, etc., rather than have the second can cost less (per can) than the first one. "Pay as You Throw" systems weigh the garbage at each household and bill by the amount actually discarded. Advantages: o Higher charges for extra cans than for the first can, or weighing all of it, will encourage residents to recycle more and throw away less. Disadvantages: o It would take time and effort to implement Cost: o Fairly expensive. "Pay as you throw" systems require capital investment. Waste Management would pass these costs on, either to the City or to the residents through their garbage bills. Conunittee Reconunendation: The Committee liked the Pay as You Throw concept, but thought that it isn't something that needs done right now. A study on it has been given to your staff in case the Council wishes to consider it at a later date. Researched and compiled by Dave Arnold 6 'Disposal of Solid Waste 0 Introduction This portion of the committee's report deals with the disposal of collected waste and will give background information regarding; o costs o disposal options o committee recommendations The various sources of information gathered for this report for the Council's use have been noted. Effort has been taken to make the information as accurate as possible. The disposal option the Council chooses will be influenced by the writing, approval and adoption of our own Comprehensive waste Management Plan. Garbage and Refuse Controls o The NVUTC supervises and regulates garbage and refiise collection companies. Their authority (Chapter 81.77 RCW and 480-70-70 WAC) is limited to private collection companies and does not extend to municipal collection operated by the city/town,itsetf or by contractors to the city/to An. The commission may require reports, fix rates and regulate service areas and safety practices. A certificate of public necessity is required before operating a garbage or refuse collection company. Background Information: o WM lists 19,757 residential customers and 2,725 commercial accounts; with some commercial accounts outside the City limits. o Sunshine lists approximately 500 commercial accounts also inside and outside the city limits. Commercial Accounts o Facts: o For the purpose of this report, commercial accounts are accounts which place then solid waste in a dumpster or roll-off and may be an apartment building, a business or construction site. o Collection routes were established prior to the formation of Spokane Valley. Thus some collection routes weave in and out of the city boundaries. Costs: o The current cost of disposal is; o at the transfer station - per ton - $103.00 o at the incinerator - per ton - $98.00 o This report uses the $103.00 per ton figure to determine the cost-of disposal 7 The $1.03.00 tipping fee includes; o Transfer station operation and debt service o Incinerator operation and debt service o These expenses total $98.00 per ton, plus a $5.00 per ton fee is assessed for hauling from the transfer station to the incinerator, equaling $103.00. Residential Accounts Facts: o WM currently services 19,757 residential accounts within the borders of the new City. o it is_estimated WM provides service to 80% of the households o 20% of the households do not subscribe to WM services. They haul their solid waste materials to the transfer station or incinerator or whatever option they choose. o On average each residential account pays $12.51 per month for collection of solid waste and recyclables. This charge is for collection and disposal through the Spokane Waste to Energy plant (WTE). ($12.51 x 12 months = $150.12 per year) Cost of Disposal Fact: o It is estimated each residential account produces 130 pounds of solid waste per month, excluding recyclables. This translates to 1,560 pounds or 0.78 ton per year. o Disposal costs for 0.78 tons is $80.34 through the WTE plant or 53.17% of the annual bill paid by residents. o The disposal cost is split about evenly between the cost for the transfer station and the cost for the incinerator. Revenue Bonds The revenue bonds that were sold to construct the incinerator should be paid off in 2011. Beginning in 2011, the tipping fees should no longer include bond indebtedness. Iii Exhibit 3 tipping fees were projected to be $85.00 in year 2011. However, tipping fees have been below the projected amounts. Local Government Authorization Washington State Law requires municipalities develop a solid waste management plan in accordance with RCW 70.95.080. Because Spokane County has taken the initiative in developing the plan and each of the municipalities has the three following options to this plan: Options: 1. The municipality can deliver to the County Auditor its own Solid Waste Plan for integration into the Spokane County Comprehensive Solid Waste Management Plan; or 2. Enter into an agreement with Spokane County to participate in preparing a joint City/Town-County plan for solid waste management; or 3. Authorize the county to prepare a plan for the City/Town for inclusion in The Comprehensive County Plan. 8 Disposal Options: The City Council must select the disposal and collections options. The Disposal Options are as follows: 1. Status Quo 2. Disposal at the incinerator with our own Comp Plan in place. 3. Disposal at Waste Managements landfill near Arlington, OR. Explanation: Option 1 Status Quo. If the council chooses this option for collection the solid waste problem is taken care of The collected waste would go to the Valley Transfer Station and on to the Incinerator. Option 2 This option becomes available if/when the city has its own Comprehensive Solid Waste Management Plan (Comp Plan), has a contract with each of the solid waste collectors operating in the city and an agreement with Spokane to deliver the City's solid waste to the incinerator. This option would require the City to have a Solid Waste Department with someone heading that department. Option 3 This option becomes available after the City has its own Comp Plan; owns the Valley Transfer Station, has legally been excused from incinerator bond indebtedness, met all other legal requirements and finds this is the least costly to the customer. This option would require the City to have a Solid-Waste Department with someone heading the department. The Valley Transfer Station is owned by the City of Spokane and is wholly contained inside the boundaries of the city of Spokane Valley. :Recommendations: It is the majority recommendation of this committee that the City condemn and purchase the Valley Transfer Station from Spokane. 2. It is the majority recommendation of this committee that the City prepare and submit its own Comp Plan. 3. The committee reached no agreement regarding a Disposal option. Researched and compiled by Dick Neff 9 Recycling anti Yard Waste Collection Options Introduction: This report is an adjunct to the Solid Waste Committee's report on Waste Management Options and Recommendations. It will evaluate the current recycling and yard waste services provided by Waste Management Inc. to the City of Spokane Valley and make recommendations for changes or improvements. The criteria we set for recommending changes are based on four possible outcomes: increased voh.unes, cost effectiveness, environmental benefits and convenience for the customer. As outlined in the Solid Waste Committee's Waste Management Options and Recommendations report, the City has five options for solid waste services. The City can let the present program continue (status quo), pass service level ordinances, implement condemnation or buyout of all the current companies' solid waste certificates, or contract with current companies. In order to implement recommended changes or improvements to the recycling program, the City most likely would either have to pass service level ordinances or contract for solid waste and recycling services with current companies (Waste Management Inc. and Sunshine Disposal). Either strategy would allow changes in the current contract regarding collection and disposal of garbage and recyclables. History of Curbside Collection : Collection of recyclables at the curb is considered the most convenient method of recycling for residents. Curbside recycling was introduced to the Spokane Valley in 1990. Reecyclables are picked up weekly on ,r the same day as garbage collection. Recycling is voluntary and residents must sign up for the service. Curbside recycling services are offered to single family and multi-family (1-3 units) households. Approximately half or 10,000 households in the valley participate in curbside recycling. The, costs of the recycling services are included in the costs of garbage collection services. Residents who have curbside recycling services only are charged $2.79 per month for weekly pick-up. Yard waste collection is offered weekly for 9 months and monthly collection (the first week of each month) during the three months of winter at no cost. 'there are currently 3,240 households who subscribe to curbside yard waste collection. Materials Collected: Curbside Recyclir:g: Materials collected are: Glass bottles and jars, aluminum and tin cans, plastic pop bottles and milk jugs (PETE Code 1 and HDPE Code 2), newspapers, magazines, phone books, corrugated cardboard, and brown paper bags. Waste Management provides a 14-gallon blue bin to each household at no charge. Materials collected in the curbside program are processed at either Spokane Recycling or Pacific Recycling. Yard Wastes Collection: Materials collected in the yard waste collection program include grass clippings, leaves, and small amounts of tree trimmings. Waste Management provides a 96-gallon rolling cart for the collection of yard wastes. Organic .materials collected in the yard waste program are composted. Drop-Off Centers: The drop box collection system provides the least per ton costs. In a drop box system large receptacles are either centrally located or located throughout the community in public parking lots at% 10 schools, churches, grocery stores, etc. Residents haul the materials to the drop-boxes which is less convenient than curbside collection. There are three drop-off centers for recyclables (including metals and wood wastes), household hazardous wastes, yard waste and trash. They are: (1) North County Recycling/Transfer Station, (2) Valley Recycling Transfer Station, and (3) The Waste to Energy Facility Recycling Center. SORTING OF MATERIALS: Options: There are essentially three types of sorting in the curbside recycling program: (1) Source Separated, in which the homeowner places recyclables, separated by type, at the curb and the collection crew deposits them into separated compartments on the truck; Advantages: Source separating involves the homeowner more and establishes ownership of the program. The customer pre-sorts the materials which may save the collection crew time and money which could be a cost containment measure. Disadvantages: Requires more education on how to sort and prepare the products. (2) Curb sort, in which the homeowner places mixed recyclables at the curb and the collection crew sorts them into separated compartments on the truck; Advantages: Convenience for the customer. No special sorting instructions and less education needed. Results in extra recycling tonnage and lower costs of 20-35 Disadvantages: The sorting is done by the collection crew at the curb'which is laborious and may contribute to higher costs. Less participation on the customer's part may lead to an increase in contaminates. (3) Commingled, in which the homeowner places mixed recyclables at the curb and.the collection crew hauls them away unseparated. Advantages: Neither the customer or hauler is required to do any special sorting. Less education is needed for both. Disadvantages: Requires a special facility that is able to sort the materials. Committee Recommendation: Our recommendation is to continue curb sort. According to a nationwide diversion study conducted by Lisa Skumatz for the Solid Waste Association of North America, curb sort collection results in "extra recycling tonnages and lower costs of 20-35%" (See Table 2e. Curb sort also provides convenience for the customer and less educational efforts for the City and hauler. l 1 11 CONTAINERS: Options: Most curbside programs provide either one bin in different gallon sizes (14, 18, 22 gallon) or j multiple, staekable bins. One Bin: Advantages: Easy to carry to the curb. Easy for customer to prepare materials and does not take much storage space. Disadvantages: The 14-gallon bin does not provide enough room for all the materials. Multiple Bins: Advantagev: Can hold more materials than a one bin system. Bins stack making it convenient to store. Disadvantages: Cumbersome to carry three bins to the curb. Customer would have to sort the materials into specific containers. More education is required. Committee recommendation: Change from a one-bin system to a three-bin system. COSTS OF CONTAINERS: The Regional System pays for and provides one, 18-gallon blue bin per household to recycling customers. Presently, the blue bins are the property of the Regional System. Customers are asked to leave the blue bin at the household if they move. This procedure causes two problems. First, when the resident moves, the blue bin is generally not left at the household. A new bin has to be delivered to the next resident which adds costs to the program. Second, if the blue bin is left, the new resident who moves into the household has a blue bin but does not have a brochure which explains how to sort and prepare the materials. This lack of information or "information disconnect puts the burden on the customer. In conclusion, the present procedure increases costs and causes an information disconnect. The driver can leave a brochure in the blue bin of a new account but the resident very often does not notice the brochure. A brochure can also be mailed to directly to the new customer but it is difficult to stay on top of who has a brochure and who does not. Options: There are basically. four options: (1) The Regional System continues to buy the bins, (2) the City of Spokane Valley buys the bins, 2) the solid waste contractor buys the bins, and (4) the customer buys the -bins. (1) The Regional System: Advantages: The Regional System would be responsible for ordering and storing the bins which would be less administrative work for the City. Disadvantages: Adds costs to the program when customer moves and does not leave the bin at the household. Creates an "information disconnect" between the customer and the program. (2) City of Spokane Valley: Advantages: Better control on costs and replacement verifications. Disadvantages: Necessary to order.and store the bins. Adds costs to the program (but not to the City) when customer moves and does not leave the bin at the household. Creates an "information disconnect" between the customer and the program. 12 (3) Solid Waste Contractor: Advantages: Less administrative costs for the City. Disadvantages: Adds costs to the program when customer moves and does not leave the bin at the household. Creates an "information disconnect" between the customer and the program. (4) Customer: Advantages: More cost-effective to charge the customer a one-time fee for the blue bins on the customer's utility billing. Less administrative costs because there is no need to keep track of who has a bin and who does not. Eliminates information gap; each new customer gets a blue bin and a brochure. .Disadvantages: Customers may resent having to pay for the bins. Committee Recommendation: Charge customer a one-tire .fee for recycling bin(s). FREQUENCY OF COLLECTION: Options: Collection of recyclables is usually weekly or every other week. Weekly: Advantages: Weekly collection is more convenient for customers and results in the collection of more volumes of materials. Disadvantage: Weekly collection is usually more expensive than every other week. -J Iii-Monthly: Advantages: According to the `Nationwide Diversion Rate Study' (See Table 3) lower frequency collection decreases costs dramatically by 20-40% and only leads to small decreases in recycling tonnage. Disadvantages: Changes in frequency of collection require more user education to cover the recycling pickup schedule in neighborhoods. Decrease in volumes. Committee Recommendation: Our recommendation is to collect recyclables every other week rather than weekly and team with the contractor to promote recycling and provide recycling education. TYPE OF RECYCLING: Options: Recycling programs are either voluntary or mandatory and many are subject to a mandatory diversion rate. Participation in the present recycling program is voluntary. However, the cost of recycling is included in the fee for garbage service so whether the resident recycles or not, he/she pays for it. Voluntary: Advantages: Local commitment is key to all successful recycling programs. 13 Disadvantages: Voluntary recycling programs require an ongoing public outreach effort to promote recycling. Less tonnage is diverted. Mandatory: Advantages: Mandatory recycling has been shown to reduce costs by an estimated 10-25%, (See Table 3). Disadvantages: Forcing residents to recycle may cause resentment. Committee Recommendation: Our recommendation is to keep participation in the program voluntary. Collection of Yard Waste and Composting: Options: Curbside collection of yard waste or self-haul to a composting facility. Curbside Collection: Advantages: Convenient for customer which may increase the volumes collected and amounts diverted from incinerator. Disadvantages: Usually requires an automated collection system. The fee that is charged to the customer does not customarily cover the expenses of collecting and composting the materials. Self Haul: - Advantages: Less expensive. _ 1 Divadvantagev: Less convenient to the customer than curbside collection which may lead to decrease in amounts collected. Summary of Recommendations: 1. SORTING OF MATERIALS: Continue the curb sort unless system is changed to multiple bins. 2. CONTAINERS: Provide multiple stackable bins. 3. COSTS OF COl\NTAYNEltS: Charge customer a one-time fee for the blue bin(s). 4. FREQUENCY OF COLLECTION: Change from weekly collection to bi-monthly. 5. TYPE OF RECYCLING: Continue voluntary participation. 6. YARD WASTE COLLECTION AND COMPOSTING: Continue to collect at the curb and deliver to composting facility. 14 ~ ~1 Other Considerations: This paper only touches on the many issues and decisions to be made about the City's recycling program. Samples of suggestions, other questions, slid subjects that should be investigated for possible implementation follow; o Home Composting o Grasscycling and mower programs o Provide Chipping Units for the Community o Aeriscaping Education o Vermicomposting o Christmas Tree Recycling o "Zero Growth" o Sharing revenues generated from the sale of recyclables. o Changing the focus from garbage collection to recycling Workplace recycling program gives you the opportunity to recycle much of what you throw away at your office. Programs must be developed to address the diversion of other types of materials generated in sectors other than the household or local government. Consider incorporating the following components: o Commercial Yard trimmings o Provide blue bin recycling to small businesses % o Commercial Discarded Food Collection o On-site Composting o Produce Collection o On-site Composting o Expand the yard waste collection to include contaminated paper and food discards. o Provide recycling bins to small businesses o Team with the hauler to provide a variety of community educational and promotional outreach activities. In addition to yard trimmings, many communities include wood wastes as part of the scope of these proposals. Materials and services that-could be included in such solicitations, depending on community needs and costs, could be: o Wood debris from construction and demolition. o Firewood for sale (especial 1'y from stumps and large logs, using "log splitters") o Gypsum wallboard composting. o Lumber salvaging. o Pallet rebuilding. o Manures (horse and zoo). Researched and submitted by Pat Farrar 15 Spokane Valley Comprehensive Solid Waste Management Plan Purpose of the plan Solid waste management requires that some major actions be planned years in advance of their final implementation, while other actions need immediate solutions. Without a comprehensive waste management plan of its own the new City is subject to inclusion in the current County plan. In 1971 Spokane County developed its first Comprehensive Solid Waste Management plan (Comp Plan). Tile Comp Plan was updated most recently updated in 1998. Since that date new technologies and programs for disposal of solid waste have been developed. Li recent years Federal, State and Local regulations pertaining to solid waste handling have become more rigorous. The Washington State Department of Ecology established guidelines for the preparation of local solid waste management plans in 1979. These Guidelines were revised and updated in 1999. The Revised Code of Washington (RCW, 70.95) defines solid waste as: all putrescible and non- putrescible solid and semi-solid waste, including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof and discarded commodities. Options Washington State law requires that municipalities develop a solid waste management plan in accordance i with RCW 70.95.080. Because Spokane County. has taken the initiative to develop the plan, each of the municipalities has the following three options to develop their plan: The municipality can deliver to the County Auditor its own Solid Waste Management plan for integration into the Comprehensive County plan: or Enter into an agreement with Spokane County to participate in preparing a joint city/town-county plan for Solid Waste Management: or Authorize the County to prepare a plan for the city/town to be included in the Comprehensive County plan (inter-local agreement). Recommendation It is the majority opinion of the Solid Waste Advisory committee that Spokane Valley (the City) develop its own Comp plan. This opinion rules out option 3. Option one or Option two must be thoroughly researched to determine which option gives the City the most control over the disposal of its solid waste. The Council must determine which option would be in the best interest of its citizens. Submitted by Dick Neff i 16 Health District Board The Committee compared the population of the City of Spokane, City of Spokane Valley and the Incorporated Small Towns within Spokane County. Through thorough discussion and balancing and weighing the population numbers it was agreed that we should have two (2) or three (3) seats on the Regional Health Board. Decisions by The Health Board will have a tremendous impact on our Citizens and the Businesses within our boundaries. ADVANTAGES: A voice in setting Permit Fees (already to high) A voice to create a Spokane Valley Office to eliminate the drive all the way to the west side of the city of Spokane • A voice to create all of the services that the downtown location offers. A voice to ensure an effective and efficient Public Health System for our Citizens and for the Food and Beverage Businesses. DISADVANTAGES: None. COMMITTEE RECOMMENDATION: The committee felt three (3) seats was the most desirable to enable us to have the voice needed in issues related to the residents and business community of the city of Spokane Valley. Submitted by: Larry Wendel, Chairman Page 17 Exhibit A Existing System Spokane Regional Solid Waste System The Spokane Regional Solid Waste System was developed to serve all the residents of Spokane through Interlocal Cooperation Agreements between the City of Spokane, Spokane County, Fairchild A.F13 and all the other incorporated cities and towns within Spokane County. The cornerstone of the Regional System is the Waste to Energy (WTE) Facility, which is owned by the City,of Spokane. It is located on a 52-acre site approximately 1.5 miles west of the city limits, on land leased from the Spokane International Airport Board. In 1989, the City of Spokane entered into a public/private partnership with Wheelabrator Spokane Inc. by executing a contract with them to design, construct, and operate the WTE Facility for 20 years. The Facility (Wheelabrator's 14"' plant) came on line in 1991 on schedule and cost S 110,000,000. There are two waterwall furnaces with a design capacity of 400 tons per day each. Electricity generated by the facility is sold to Puget Sound Energy. These revenues are income to the System. The ash generated by the combustion process is approximately 32% of the incoming material by weight, but only about 10% by volume. Each of the three System facilities (WTE and two Transfer/Recycling Stations) has a drop-off recycling center and a household hazardous waste center that is accessible without crossing the scale. There is no charge for materials that are taken at these two centers. The recycling areas accept newspapers, magazines, telephone books, corrugated cardboard, glass bottles and jars, Codes 1 & 2 plastic bottles and jugs, aluminum cans, tin cans, and. all types of scrap metal. The HHW facilities accept household batteries, automotive batteries, motor oil, paints and solvents, and other household hazardous waste. Specially trained personnel sort and package the material for shipment to a hazardous waste landfill or incinerator. Some of the materials (such as oil, vehicle batteries, button- cell batteries, etc.) are recycled. Each site also has a re-use table with items available free of charge to the public in exchange for a signed.release. A total of 650 tons of Household Hazardous Waste was collected at the three System facilities in 2001. Solid waste: 2001 Statistics ❑ 268,390 tons processed at the WTE Facility o Resulted in 71,242 tons of ash 0 10,337 tons of recovered ferrous metals ❑ 2,175 tons of waste were disposed in the North Side Landfill ❑ 31,140 tons were bypassed to the Rabanco Regional Disposal Company Electricity: o The facility sold 136,671 megawatt hours of electricity (produced 166,998 MWH) l ❑ Net revenue of $11,570,485.26. -hour - 8.9 cents (Up from 4.2 cents in 2000) o Revenue per kilowatt o Debt service was structured to increase when electric revenues increased. Major Awards 1,990 - National League of Cities.- City Innovation Awards Competition - Second Place 1991 - SWANA Solid Waste Education Awards Program - System Excellence in Public Education - for Recycling Awareness Program 1992 - Washington Department of Ecology, Eastern Region - Certificate of Recognition in the areas of Waste Reduction and Recycling 1996 - Telly Awards - Finalist for Gco Adventure school assembly program (International competition honoring non-network television and non-broadcast video productions) j 2000 - Solid Waste Association of North America (S WANA) Gold Award for Excellence - for Best Integrated Solid Waste System. - Washington State Dept. of Ecology - Best Large Government Recycling Program Award 2001 - Solid Waste Association of Norili America (SWANA) Silver Award for Waste-to-Energy Excellence WASTE TO ENERGY FACTS & FIGURES i C~ . rJ Plant Capacity = 800 tons/day, using two 400/ton per day boilers Guaranteed capacity of at least 248,200 tons/yr. Electrical Output 26 megawatts gross - 22 megawatts net enough to light 13,000 homes Turbine Speed 3600 rpm producing 60 Hertz (60 cycles/sec) Pit Dimensions 140' x 50' x 40' + 40' back wall & Capacity 4800 tons Receiving Floor . 62,000 square R. or 1.4 acres Stack 174' tall, preformed concrete sections, contains three flues Fire Temperature 2500 degrees F i TempNelocity of 250 degrees F, 4000 ft. per minute, 66.7 ft per Existing Stack second, 45 mph Gases Construction 16,415 cubic yards of concrete Involved 198,692 cubic yards soil imported 45,251 feet of pipe 3,248 tons of structural steel 350,829_feet/66.445 miles of cable 10,740 feet/2.3 miles of cable tray 2,396'field welds Time to Construct 26 -months First Refuse Fire September 6, 1991 Refiise Crane Capacity = 9 tons or 6.5 cubic yards Typical load = 2-3 tons Computer System Bailey Net 90 Cost 110 million dollars, largest capital project for the City of Spokane. A blend of public and private in joint venture. 0Nvnership City of Spokane Service Area City of Spokane & Spokane County & all municipalities within i i Wheelabrator Design, construct, operate and maintain for 20 years Involvement Similar Technology Wheelabrator operates 13 other similar facilities in the U.S. There are over 500 plants in the world, approximately 136 using the same basic technology. 20 equal to or larger than 800 TPD Ash Quantity 901/6 reduction by volume 70% reduction by weight of original MSW weight and volume Ash Disposal Rabanco Regional Landfill, K.liclatat County (near Roosevelt, WA) Ash Transport Container capacity -'14 tons configuration, two containers per load - 28 tons per truck Number of trucks - up to 8 truckloads per day Metals Recovery 4% of original weight of MSW. This metal is unrecoverable with traditional landfilling. Built for Expansion Extended conveyors Big pit Extra flue in stack Boiler + APC + turbine needed Air Cooled Condenser Totally dry cooling - 6 cells, 150 HP motors Boiler Tube Length Approximately 100 feet, suspended from roof structural steel Bag Houses Bag houses contain 3420 bags (1710 per boiler line). Filtering bags are made of Gore-Tex fabric. Continuous Emission Read every 15 seconds-Oz , SOz , NOX, Opacity, CO, Monitors Temperature Property Area 52 acres Regulatory Agencies Spokane Air Pollution Control Authority/SCAPCA, Washington Department of Ecology WDOE, Spokane County Health District SCHD BTU Values Garbage = 4,800/pound Coal = 12,000/pound Plastic = 14,000/pound Tires = 16,000/pound 3/20/92 WA.SYB 70 KNERCY VACTS & FICURPR doe FACTS ABOUT SPOKANE'S WASTE TO ENERGY FACILITY DIOXIN EMISSIONS 1. According to the EPA, Waste to Energy (WTE) plants are among the smallest (human- based) sources of dioxin emissions. 2. The Spokane WTE Facility is not the major source of dioxin exposure to the community. Other known sources include: ✓ Motor vehicles ✓ Steel foundries ✓ Crematoria ✓ Residential heating systems, oil & gas ✓ Forest fires ✓ Fireplaces ✓ Accidental fires ✓ Charcoal grills ✓ Recycling operations ✓ Pulp & paper mills ✓ Backyard trash burning ✓ Wood stoves 3. The WTE Facility is heavily regulated and monitored by the EPA, Department of Ecology, and Spokane County Air Pollution Control Authority. For the last nine years, the WTE Facility has been operating at less than 1/3 of the recently adopted EPA standards. 4. Burning of garbage in just four "burn barrels" produces more dioxins than the'Spokane WTE Facility. 5. Due to motor vehicle traffic, a subsistence farmer living within 100 yards of I-90 has a dioxin exposure cancer risk of 3 to 100 times that of a subsistence farmer living at the point of the maximum WTE stack emissions. 6. According to the EPA, WTE facilities represent less than one percent-of the known sources of dioxins. 7. Spokane's solid waste contains measured levels of dioxins. The stack emissions of dioxins from the WTE Facility are 97% lower than the incoming waste. The remaining dioxins, which are formed in the combustion and air pollution control systems, are bound in the ash and then landfilled in a responsible manner, which has the least environmental impact of any known disposal option. 8. If a landfill were substituted for the WTE Facility in Spokane County, the dioxin risk would be significantly higher because of the dioxin emissions associated with required landfill gas recovery alternatives. .9. Every method of household solidwaste disposal has associated dioxin environmental impacts, which mistakenly are only associated with the incineration alternative. Recycling operations involving newsprint recycling, aluminum can recycling, and composting have calculated dioxin impacts, all of which are greater than WTE combustion. 2 10. The amount of dioxins in the environment and in humans has been rapidly decreasing over the past two decades. Dioxins are not new and have been analyzed in soil samples collected in 1881. 11. The Spokane WTE Facility has been operating for almost 10 years, handling an average of more than 800 tons per day. The combustion process reduces the solid waste 90% by volume and 70% by weight. The energy recovered by the waste combustion process is sufficient to meet the energy needs of 14,000 homes. 5/11/00 Recycling Facts - Spokane Regional System (County-wide) Recycling Date: o The Recycling rate its 1987 was 20% o The Recycling rate in 2001 was 41% ❑ 100% of ferrous metals are recycled,. due to post-burn recovery of metals rernaining in trash (10,337 tons in 2.001) mid recycling of white goads from tipping floors (971 tons). ❑ Almost 0°o of the recycled tonnage is due to private sector efforts a 85% of the Household Hazardous Waste collected at the three System facilities was recycled or reused (559 tons) Recycling Opportunities for the Public- ❑ Private 13uy-Back Recycling Centers - T ere are 10 of them, p] us several scrap yards a Three Con mtuiity Recycling Centers - Cheney, Medical Lake, FAFB o 'Three drop-off Recycling. Centers at System disposal facilities a Curbside collection - City of Spokane, Cities of Deer Park wid i I (wood, 'urban county areas cling Education and Assistance: CJ J❑ Waste Audit Program - Waste, reduction and recycling consulting for busineses, ind job site recycling for the construction industry Recycling and Focal Ec.onomics a Recycling Hotline - ovt-r 1,000 calls per month (2.001) a Extensive recycling information on System web site (ww _solid aste_or ~ fl Very active home composting prograin a Quarterly 4-page insert in newspaper a Recycling Education Specialist Iassroom presentations, etc. ❑ Local jabs dtie to recycling programs o - Private sector recycling centers - 140 o Curbside collection (public and private) - 44 o Other - 10-1 ❑ Local jobs dkie too manufacturivg/sales of recycling equipment or, recycled products o At least 0 jobs are entirely based on recycling o Many other companies have some involvement of jobs unknown 2001 RECYCLING RATE SPOKANE COUNTY _Material Recycled Recycled Tons GLASS 6,069 METALS Tin Cans 902 _ White Goods 0 3,295 Other Ferrous I 69,088 _ Aluminum Cans i 1,459 Non-Ferrous i 7,983 PAPER ! High Grade 4,765 Newsprint ' 21,616 Cardboard 28,166 Other Paper 4,273 PLASTICS PETE 318 HDPE 432 Other Plastics 500 YARD WASTE 47,310 WOOD WASTE** 548 BATTERIES 2,591 OIL** 766 TIRES" * 146 TEXTILES' 2,831 GYPSUM 2,000 OTHER 6,307 TOTAL RECYCLED 211,364 DISPOSED TONS 301,368 TOTAL GENERATED 512,731 RECYCLING RATE 41% • Newsprint includes phone books and maga_ines. 0 0 Does not include materials going jor juc l uses. Spokane Solid Waste - Waste to Energy Plant - History History of Project Problem Pagel of 3 Environmental concerns associated with continued landfilling, new Washington State solid waste regulations and federal actions directly affecting Spokane area landfills led the City and County to jointly develop a comprehensive program for regional solid waste reduction, recycling, recovery of energy, and residue disposal. This cooperative effort resulted in the Spokane Regional Solid Waste System, which includes the Waste to Energy Facility, North County Transfer Station, and Valley Transfer Station. Each of these facilities has a recycling center and household hazardous waste turn-in area on site. Ash produced from the waste to energy process is sent to an ash monofill at Rabanco's Roosevelt Regional Landfill in Klickitat County, WA. Ln addition, there is an active cell at the Northside Landfill that is available for bypass and nonprocessible materials collected by the System. These facilities are intended to provide long-term, environmentally sound solid waste disposal for both the City of Spokane and the other incorporated and unincorporated areas of the County. System Planning hi response to the Final Report and iYater Quality Management Plan to Preserve Spokane's Sole-Source Aquifer (April, 1979), a consortium consisting of the City, County, and The Washington Water Power Company, hired Morrison-Knudsen in 1982 to conduct a feasibility study of various solid waste management systems. They looked at 10 different scenarios and ranked them according to environmental and economic criteria. The final report was completed in 1983, and it recommended that a waste to energy facility be included as part of the new Regional Solid Waste System. In 1983, the County developed the Comprehensive Solid Waste Management Plan to address the solid waste management and disposal needs of the Spokane area. The Comprehensive Plan was adopted in 1984 by the County, the City and all other incorporated cities in the County (with the exception of the Town of Rockford). It was also subject to environmental and public review and subsequent conditional approval in 1986 by the Washington State Department of Ecology. The Comprehensive Plan recommended a County-wide approach to solid waste management with the preferred method of disposal incorporating waste reduction and recycling activities, a waste to energy facility, recycling/transfer stations and a regional residue landfill. The Plan was updated in 1992 and 1998. System Development The waste to energy elements, including size, site selection, energy market analysis and overall feasibility, were developed for the City and County in a Project Definition Report http://u,,~vw.solidwaste.org/wtehstry.htm 8/2/02 Spokane Solid Waste - Waste to Energy Plant - History Page 2of3 prepared by HDR Engineering in 1985. A Draft Environmental limpact Statement for the System was prepared based upon the State Environmental Policy Act. Public hearings were held and a Final EIS was issued in 1986. The environmental documents were challenged and the Spokane County Superior Court ruled in favor of the System on all issues. A detailed contractor selection process commenced with the issuance ofa Request for Qualifications (RFQ) in May, 1986. Sixteen responses were received, and five vendors were invited to respond to the Request for Proposals (RFP), issued in December, 1986. Four vendors submitted proposals and Wheelabrator (formerly Signal Environmental Systems) was selected as the preferred vendor. After successful negotiations, the City and County entered into the Construction and Service Contracts with Wheelabrator Spokane Inc. in November, 1987 (Amended and Restated in 1989) for construction and operation of the waste to energy facility. A Conditional Notice to Proceed for construction of the waste to energy facility was issued on February 10, 1989. Only tasks that were of a nonpermanent nature, such as landclearing, could be performed until the last remaining permit (the Prevention of Significant Deterioration [PSD] Permit) was obtained. This permit became final on January 2, 1990, and on January 3, 1990, the Final Notice to Proceed was issued. Construction began immediately and Wheelabrator finished the project ahead of schedule. The " Burn" took place on September 5, 1991. Acceptance testing was performed on the waste to energy facility between November 8 and November 15, 1991, during which time the facility demonstrated compliance with the full acceptance standards. On February 17, 1992, the waste to energy facility was officially accepted by the City Council. Concurrent with construction of the waste to energy facility, the North County Transfer Station was constructed by Citadel; theValley Transfer Station was constructed by Lydig; and the recycling center at the waste to energy facility was constructed by Garco. All the facilities were completed on schedule and opened to the public on December 23, 1991. Century West Engineering was hired in mid-1987 to site and develop an ash landfill. During the Landfill Siting and Development Study, a site search identified 228 potential sites in Spokane County. Owners of 54 of these sites volunteered to have their property evaluated. This was narrowed down to 14, and ultimately the following three sites were selected for further consideration: Lance Hills, Grove Road, and Malloy Prairie. However, during the process of selecting one of these sites as the preferred site, two other options were introduced. They included out-of-county disposal via long haul at existing regional landfills and expansion of the existing Marshall Landfill. An R.FP was issued and three proposals were submitted. They were from the Rabanco Regional Landfill in K.lickitat County, WA; Waste Management's Landfill in Gilliam County, OR; and Finley Buttes Landfill in Morrow County, OR. The Marshall Landfill did not submit a proposal on expansion of its landfill. Ultimately it was decided that long haul was the best option and a contract was executed with Rabanco on July 26, 1991. The last component of the System to be implemented was a regional composting facility. An R.FQ/P was issued on March 31, 1992, and proposals were received from Ecocycle Composting and O. M. Scott & Sons. Scott's was selected as the preferred vendor and a http://www.solidwaste.orowtehstry.htm 8/2/02 L. Spokane Solid Waste - Waste to Energy Plant - History Page 3 of 3 contract for composting services was executed with them on July 6, 1993. A site was selected, with Scott's approval, just south of the North County Transfer Station. The Regional Compost Facility began operating in November, 1993. In 2000, the contract with O.M. Scott was terminated. On May 23, 2000, a contract with Norcal Waste Systems, Inc., was entered into for operation of the compost facility using the Ag-Bag technology. Financing Pursuant to recommendations of the Comprehensive Solid Waste Management Plan 1984 Update and the Morrison-Knudsen Feasibility Study, the City of Spokane borrowed $50 million on a short-term bond anticipation note in December 1984. The timing was significant because of pending tax law changes which would become effective in January 1985. The advantage of borrowing these funds prior to January 1985, was that the interest earned over and above the interest due on these notes (arbitrage) could be used for solid waste project development. During the four-year life of these bonds, the total revenue earned from the arbitrage was approximately $4,700,000. The arbitrage funds were used to support the Spokane Regional Solid Waste Disposal Project in developing the feasibility of a waste to energy facility, the environmental review process, and procurement process. Waste reduction/recycling, school programs, litter control programs, and ash residue disposal options were also supported by these funds. Permanent long-teen financing was secured in January 1989, at which time the $50 million short-term notes were paid off. The City of Spokane borrowed $105,250,000 in revenue bonds to finance the cost of acquisition and construction of the waste to energy facility, two transfer stations, recycling centers, household hazardous waste turn-in sites, and a landfill cell for disposal of bypass and nonprocessible materials. Spokane County received $20 million of the revenue bonds for landfill closure expenses. In addition to the revenue bonds, the System was financed by a $60 million Referendum 39 Grant from the Department of Ecology. The City Council approved acceptance of this grant on November 17, 1986, and the County Commissioners approved it on November 18, 1986. On November 24, 1986, the $60 million grant, which provided 50% matching funds for eligible expenditures, was executed. Mhack Top Spokane Regonal Solid VAste System ®1996 Spokane Regional Solid Wastc System. All rights reserved. ~-1 I` http://www.solidwaste.orgJwtehstry.htm 8/2/02 .+j-v •w..v •r v..... r. - - --Eli a. - _v...t,u,lvuaaJ va a\VV~'W.lllb 1 abc 1 V1 L Compatalbility of WTE and Recycling People often express concern that use of waste to energy technology will prevent recycling or that the plant operators and the recyclers will be in conflict over the materials. This is not the case. There is more than enough garbage to go around! Waste to energy and recycling are compatible, and recycling generally increases the efficiency of the plant. Problems only arise when a WTI: plant is over-sized, and the Spokane facility is not. Following are some of the ways that recycling benefits waste to energy: Removal of Metals and Glass- Increases the Btu value per ton of remaining garbage by about 10%. Reduces abrasion wear in the furnace. Reduces weight of ash. Typically five hundred pounds of ash includes: . 58 lbs, of iron (currently recovered and recycled post-burn) . 375 lbs. of aggregate (glass, non-Fe metals, rocks, etc.) . 67 lbs. of fly ash Removal of Vehicle Batteries- Keeping vehicle batteries out of the waste stream greatly reduces the lead going through - the plant. Annually U.S. manufacturers use over 1 million tons of lead and 72% of it is in car batteries. Removal of Yard Wastes Leaves and grass are not good fuels unless they are very dry. Fresh grass and leaves have a high moisture content and actually lower the Btu value of the garbage. Yard waste contains a relatively high concentration of Nitrogen which, when burned, results in emissions of Oxides of Nitrogen at levels higher than those produced from garbage. This is of some concern, but the primary reason we want these materials separated from garbage is so that it caii be composted. Composting results in the return of nutrients to the soil which is a higher and better use than any type of disposal. See Benefits of Composting for mare information. Removal of Paper Recycling paper does lower the Btu value of the remaining waste, but only by 1 or 2%. This loss is easily offset by the benefits gained from recycling other commodities. Capacity- Handling as much of the material as we can through recycling and composting means less waste for disposal, and our WTE plant is nearing capacity. http://wwnv.solidw*aste.org/vvtecomp.htni 6/10/02 Tipping Fee Breakdown ■ 3% ❑ 40% /V 139% ■ Disposal © Interiund, taxes, Admin ■ Recycling programs ■ Composting ■ Household Hazardous waste ■ Litter programs ■ Capital projects. reserves O Debt service ■ Closure payments Spokane Regional Solid Waste System 2003 Resources Tipping Fees 6 Compost/ Grants/ Recyc. Rate Stabilization Fund 3% icity Sales 24% 5% Resources 2% Operating Other Cash AGREEMENT FOR FIRM POWER PURCHASE (Thermal Project) This Agreement, dated as of January 9, 1988, is made by and between Puget Sound Power & Light Company, a Washington corporation ("Puget"), and the City of Spokane; a Washington municipal corporation ("Spokane"): Puget and Spokane are sometimes referred to herein individually as a "Party" and collectively as the "Parties." RECITALS . A. Spokane desires to design, finance, construct, own and operate a project located in Spokane County, Washington, capable of generating electricity as a by-product of solid waste combustion. B. Pursuant to its authority under R.C.W. 35.92.022, Spokane has provided for a system of solid waste disposal and for the processing and conversion of solid wastes into other valuable or useful products, including electric energy, with full jurisdiction and authority to enter into agreements with private parties for the sale of said energy. C•. Spokane County, a political subdivision of the State of Washington ("County"), together with Spokane and other cities in the County, has adopted a Joint solid waste management plan in accordance with Chapter 70.95 R.C.W., pursuant to which Spokane intends to design, construct, own and operate a solid waste refuse combustion project to dispose of solid waste for the County and Spokane, which project will be a "qualifying facility" within the meaning of 18 C.F.R. § 292.101(b)(1). , D. Spokane.has investigated various options for selling the energy to be produced by said project and has concluded that Puget is the only potential purchaser of said energy prepared to offer terms and conditions of sale satisfying the needs and interest of Spokane. Spokane has, therefore, authorized its officials and representatives to negotiate an agreement with Puget for the sale of energy from the project. . E. Puget is an investor-owned electric utility company and is interested in acquiring a firm supply of electric power at a reasonable cost. - r r r r i 1 Year 1 2 3 4 5 6 7 8 9 10 11 12 - 2ovz 13 14 15 -16 17 18 19 20 21 EXHIBIT C Spokane-Resource Recovery Project Winter Period Summer Period Sept - March April - August mills/KWh mills/KWh 11.4 8.3 18.5 12.4 24.1 19.4 24.8 20.0 25.5 20.4 26.0 20.8 27.1 21.6 29.6 23.7 33.7 27.1 35.0 28.0 96.4 52.8 96.4 52.8 96.4 52.8 96.4 52.8 96.4 52.8 96.4 52.8 96.4 52.8 96.4 52.8 96.4 52-.8 96.4 52.8 96.4 52.8 -24- vrrlk.lA -10.& rX A. J..1VL1:.14 1 LJlL 11: J. 1VLt'u\Vll 4J, 1774 NEW ISSUE RATINGS: Moody'i Standard_ & Poor's ; BOOK-ENTRY ONLY (AMBAC Insti. See "Bond Insurance" and "RATINGS" herein.. -in the opinion of Bond Counsel, under existing law and assuming compliance with the tax covenant described herein; the interest on the Series 1992 Bonds is excluded firom gross income for. federal inccimc'tax purposes and is not a•specific preference item for purposes of the ' federal alien iative minimum tax See, however, 'Tax Exemption herein regarding certain other tax considerations.' (D.. $41,625,000 CITY OF SPOKANE;. WASHINGTON REGIONAL SOLID WASTE MANAGEMENT. SYSTEM REVENUE BONDS, SERIES 1992 DATED: April 1, 1992 DUE: December 1, as set forth herein -The Regional Solid Waste Management Systun Revenue Bonds, Series 1992 (the "Series 1992 Hands") arc being issued by the City•of Spokane, Wa§hington (the"City") pursuant to Ordinance-No. C30380, adopted by.the City council on March 23, 1992; piimarily to finance certain coats of the City's Regietul. Solid Waste Management System (thc' System" The System provides collection and opoW services for solid vvasu gaurated within the • City s boundaries and provides disposal services for solid.waite generated in. the. unincorporated am of Spokane County* (the "County") and in certain regional cities and'delivcrcd to the System pursuant to intedoenl agreements. The costa of the System being financed with the proceeds of the Series 1992 Bonds include costa associated with the cleanup and closure of a portion of the City's Northside landfill, the payment to the County of $12,000,0OD for thepayment of similar costs related to certain of•its landfills and reimbursement to the City for certain costs incurred in the construction of a new landfill cell at the Northside Landfill and acquisition of certain capital equipment for the System. In addition; a portion of the Series 1992 Bond proceeds will be used, to fund a debt service. reserve account and to, pay the costs of is5uarnCt of the -Series-1992 Bonds. See."PURPOSE OF THE SERIES' 1992, BONDS." The,Series 1992 Bonds'will be payable from and'sccund by a pledge of the revenues of the City:derived from the ownership irid operation of tht.Systetn • and amounts held in-certain funds under the Bond Ordinance rcfinvd•to herein Pursuant to a rate covenant in the Bond Ordinance, the City has agreed to Cur, maintain and collect fees and charges for its solid waste col16ctioa'and disposal services to produce revenues sufficient, with curer available funds, to Cava.; all of the City's costa relating to the System, including debt service an the Shies 1992 Bonds and any outstanding parity botids.:See "SECURITY AND SOURCES OF PAYMENT FOR THE SERIES 1992 BONDS." The Series 1992 Bonds will be subyeet to redemption prior to maturity as described herein. See "THE SERIES 1992 BONDS - Redemption.'. Paynunt of the principal of and interest on the Series 1992 Bonds when due will be insured by a municipal bond insurance policy to be issued by AMBAC I Indemnity Corporation simultaneously with'the delivery of the Series 19,92 Bonds Amounts, Maturities, Interest Rates and Prices Interact Interest Amount Rate Price Year Amount Rate Price _ far 1992 $1,195,000 3.25% 100.000% 2000...................... $1,770.000 6.10% 99.660% 1993 1,235,000 - 4.00 100.000 2001...................... 1.880.000 6.20 99.633 1994 1,285,000 4.85 100.000 2002...................... 4,995.000 6.30 99.608 1995 1,345,000 5.25 100.000 2003...................... 2,120,000 6.40 99.585 _ 1996 1,420,000 5.45 100.000 2004 _ 2,255,000 6.40 99.137 1997 1,495,000 5.65 100.000 2003...................... 2,400,000 6.45 99.097 1998 1,580,000 5.80 99.720 2006...................... 2,555,000 6.50 90.060 1999 1,670,000 6.00 99.689 $15,425,000 6.25% Series 1992 Term Bonds Due 2011- Price 94.594% (Plus accrued interest from Apri11) The Series 1992 Bonds will be issued only as fully registered bands under a book-entry system, initially registered in the name of CEDE 6r• Co., as nominee for The Depository Trust Company ("DTC" New York, New York, which will act as securities depositary for the Series 1992 Bands Individual purchases' of the Series 1992 Bonds will be made in the principal amount of $5,000 or any integral multiple thereof within a single maturity. Purchasers will not receive certificates representing da interest in the Series 1992 Bonds See "THE SERIES 1992 BONDS - Book-Entry Only Syncta" hcreia. The Series 1992 Bonds will bear interest from their date payable on June 1, 1992,'and. semiannually on December 1 and June 1 of each year therrafur. See "THE SERIES 1992 BONDS" herein. The Series 1992 Bonds are not general obligations of and do not constitute any obligation or liability of the City, the County or the State of Washington or any political subdivision thereof, and are not a charge against the general credit or taxing powers of the City, the County, the State of Washington or any political subdivision thereof The Series 1992 Bonds are special obligations of the City payable solely from and secured solely by a pledge of the revenues and certain funds of the System as dcsenbed herein. Neither the Stitt of Washington nor the County or any other political subdivision thereof, other than, the City, shall in any event be liable for the repayment of debt service on any of the Series 1992 Bonds or, for the performance of any pledge, obligation or agreement undertaken by the City. The Series 1992 Bonds arc offered when, as and if issued and received by-the Uihmaa Brothers Division,of Shearson Lehman Brothers Inc. (the "Underwriter'), subject to prior sale, to withdrawal or modification of the offer without notice, to the approval of legality by Perkins Coie, Spokane, Washington, Bond Counxl, and to certain other conditions. Seattle-Northwest Securities Corporation has acted as financial advisor to the City. Certain legal matters will be pissed upon for the City by the City Attorney and for the County by the County Chief Civil Deputy.Proseeuting Attorney. Certain legal matters will be passed upon for the Underwriter by its counsel, Mudge Rose Guthrie Alexander & Ferdon, New York, New York. It is expected that the Avery of the Series 1992. Bonds will occur at the facilities of DTC in New York, New York on or about April 14, 1992. t r LEHMAN BROTHERS =1'he following- table "sets :-forth the:-estimated -sources and uses' of -funds for Costs>of: the-;Syst'em •110'.-he paid with proceeds:of-the _-Series 1992-Bonds; excluding accrued interest::.". Sources of Funds Principal Amount of the Series 1992 Bonds = $4'1;'625;000 s'. L' ess::Origiriat Issue Discount . x9} .'Interest Earnings During '(938, Construction' (1,) ; , . Total Sources 40 Q02. Uses of Funds .city,Pre-existing Landfill-Costs T$7;024;07=(2) ' Nor•.thside;..Regional, Landfill Development Costs' °F4050;000~(3) Other. CityyFunded Costs :•`24;19;8aT (4) .County Pre=existing Landfill -Costs :11200.0000 (S) Debt- Service. Reserve Account:) Financing- Costs-. and Underwriting,Piscouni T 3~ ' '26 (6)' " . - ••r• - .`-1~~$:.f:'is .''a '1• Total-.Uses a<fi'''0'. ` 42a ~i ;(1).: •-Fs,timated-based on assumed interest..rate '"and*anticipated construction sch iulea' (2) . Includes reimb.urseinents'to the City.of: ap'proximately-$3,780,000~bf cosfsY p'en8ed t date. ::(3).:-Reimbursement. to -the City' for-,cost:of. coristructing'•the -initiat ce1lfli'4 ?.tlife Northside Regional Landfill. :i . (4) Reimbursement to the City of funds expended for purchase of transfer sta ion vehicles and equipment and of funds originally, intended for equipment purposes that wJ~ a expended for landfill closure. (5) Amount of proceeds of the Series 1992 Bonds to be paid -to the County pursuant to the County Interlocal Agreement to defray a portion of the County Pre-exist: 'Landfill Costs. (6) Includes legal and advisor's, fees, Underwriter's discount, bond printing; and other costs incidental to the issuance of the Series 1992 Bonds. Also included is-;J- t.bond insurance premium. SECURITY AND SOURCES OF PAYMENT FOR THE SERIES 1992 BONDS Pledge of Revenues and Funds ~ Pursuant to the Bond Ordinance, the City has pledged, for the payment of principal of and interest on the Series 1992 Bonds, the Outstanding Bonds and any Addition:... onds (together, the "Bonds' l, (a) all Revenues and all rights of the City to receive Revenue§ d (b) all money and securities held -in the Construction Fund, the Revenue -Fund and the Debt Service Fund; other than the Rebate Account, subject in each case *to the provisions of iff Bond Ordinance permitting the application of amounts held thereunder forAhe purposes set. rth therein. The Bonds will not be secured by any mortgage or lien on any physical properties o - the System or by a. pledge of money or securities held -in the Rebate Account of the Debt 'Serce Fund, the city Solid Waste Reserve Fund or the.Regional Landfill Fund established under thel and Ordinance: -10- j Exhibit 1 Spokane Solid Waste Management-System _ Projected Operating Results (All numbers x s10OD•except where nrt-id) (1) 'Base Casa 1992 1993 1994 1995 1S96' 1997 - 1998 Waste Delivered to the System (4ons)(2) 310,000 310;090 _ 310 ODO - 310 000' 3 0 3 System Revenues: , , ;009 3 10,000 310,000 City Collection Net Revenues(3) Disposal Revenues(4) 10,277- •11,128 11,450 12,199 12;860 13 136 14 Transfer from Rate Stabilization Account(s) T 19;114 5,981'•• 21,698 .3 735 24,317 : 258 .2 26,364 28;366: , 29,504 ,123 30,107 ransfer from City Solid Waste Reserve Fund(6),. Electricity Sales(7) 2,558" , 594 , - 468 918 982 2 235 0 Recycled Materiels Revenues(8) 2.159• 110 3,564 1 3,694e 3,814 ; 3;912 5111. 1,086. 1,516 4 122 I Interest Eerninga(9) Miscella nterestneoua(10) ' 1,393 40 11162 140 : 1,217 110' 1 212 •,140 1 185 - 140 - , 110 11330:' 7SO : : 788 . , 827. , 868 ' 1,257 912 11281 7 Total System Revenues 43,556 42,870 . . 44,332 . 46,157 , . 49.564'• 49,816 ......95 52 547 System Operating Expenses: , City Collection Expenses(11) Facility Operations(12) 12,362 11,045 11,503 12,649 14,540 13 419 " 4 7 Transfer Stations/Rec li'n Centers(13) ~ 9 8,851 2 335 452 2 2 452 9,242 2 9,661 10,389 , 10,629 ,9 1 8 11,12 Landfill Disposal Expense3(14) System Administration(15) , , 3;902: , 3,148 ,511 3,600 : 2,701 3,759 2,838, 3 925 2,980 4 9 3,129 City Pre-existing Landfill'Expenses(16) 3,533- 346 2,770 2,918 3,072 , 3,269 ,099 3,440 4,280 3 604 otal System Operating Expenses •363 • 381 • 400' 420 • 441 ` , 463 . . : 30,729 Z9,.124 30,219 32,250 . , 35•,382 35,008- . . 37 577 Net System Operating Revenues(17) 12,827, '13,746 14;113 14' 207 14 183 , _ Outstanding Bonds Debt Servico(18) Series 1992 Bonds Debt Service(18) 8142" 8,142 8,412 , •8,413 , • 8,412 14,867 8 915- 14,910 8 91 2..855 3.666 3,687 3,684 1,68 , 3,686 , 3 3 687 Net System Revenues 1.830 '1.917 2.014 2.109 • • 2;081' 2 266 , • Paymnts to Regional Cities(19) 251 . . 2.370 • 295 . 336 336 337 349' 49 Net System Revenues Available for Reserves 1,5781.: . "-,1,622 :1 677 1 773 ° 74 _ ••'1•- _ Additions to Reserves: , , 5 1,745 1;917 - _ 2 021 City Solid Waste Reserve Fund(20) Regional landfill Fund(21) 1-,125 ' •.1,300 1,400 1,500 1,500 1;'800 1 680 Rate Stabilization Account(22) . 0 0 0 - 0 0 0 0. , 0 Transfer of interest to Reserve;Accounts(23) 4S3. 0 322 • ' 2777 7 0 0 0 . - • 213 245: 317.;: 341 Total Additions to Reserves 1.578 ..1,622 .1,677 773 1 .x. 1•;745 - t~ System Reserve Balances (Year End): , • 1,917 2,021 Rate Stabilization Account(24) 6.719 3 133 918 City Solid Waste Reserve Fund(25) - Regional Landfill Fund(26) 6;758 , 7,637 `8,803 0 9,593 a- 9;104 0 10,179 0 10 984 0 0 0 0 , System Tipping Fee (S/ton)(27) D ebt Service Coverage Ratio(2H) BS:00' 1 17 °.:72.93 '81.83 88.23 9'4.96•! 98.17 .94 99 • . 1.16 1.17 .1.11 1.17; 1.18 .1 .1.19 1999 2000 2001 310'.000 310,006 310,000 20,832 15,618 16,497 30,515 31,397 32,959 0 0 0 3,599 836 6S8. 4,947 5,153 10,888 140 140' 140 1,186 1,251 1,347- 11005 1,055 1,108 56,284. 55,454' 63,597 17,664 15,570 161156 11,642 12,186 13,031 3,286 3,150 3,622 4,469 4,665 4,873 3,776 3,955 4,177 486 . 511 536, 41,323 40,.138 42,395 14,961 15,116 21,201 8,916 8,913 _ '14,813' .3,685.• 3,685. 3,687 _ 2 360 T 518 2702 :349 .349 349 . 2.011 2' • ,169 2.353 1,764 1,852• 1,945 0 O 0 0 0 0 247 317 408 . 2.011 ` 2,169• a ••2.3S3 0 0 0 9,398 10;730• 12,424- 0 0. 0 101.48 104.44-' 110.09 ' 1.19 1'.20 1.15 Exhibit 1 Spokane Solid Waste Management System Frojected Operating Resultp (All numbers'x $1000'except, ; whero.noted)( 1) "Base case, : 2002 2003 2004 2005 2006 2007 2008 Waste Delivered to'tlie System (i6na)(2)' 310,000 310;000 110,000 310,000 310,000 310,0 00.. 310,000 System Revenues: - City Collection: Net Revenues(3) '17;32'6 ••18,247 19,205"- 20,Z10 ' /21,301 -22,370'• 23 542 Disposal Revenues Transfer from Rate•,Stabilization'Account(5) 33;775 -•0= 34,896 0 :36,.080.., 37,318 38,987 - :10,044• ' , 41,486 Transfer from City, Solid Waste Reaerve•Fund (8) ' 1;382 3,444 0 761. 0 2,133 0 5,064 0 . - 1 176' 0 926 Electricity_Sal es(7). Recycled Mdter tals Revenues(8) 10;953• 140' 11•,021 14 :11;092-; ' 11,187 " 11,245 . 11_,327 ' 11,41'4 ; Interest Earnings(9) 1;406• ` . 0 1,367 140 . 1,476 140 1,515 140 1,386 110 1,493 1,40 627 1 Mlscellaneoits(10) 1,163 1,222 1,283 ' 1,347 1,414 1,485'• , 1,559 • - Total System Revenues w..i...■ 66,141 ....s.. .70',038 .o....r. . .70,038 73,830 79,538 • .78.-03S". 80,695 System Operating Expenses: City Collection Expenses(11) 17,588 '20,140 18,518:. 20,811 24,683 21 701 22 464 Facility Operatlons(12) 13,357 13,987 14,648 15,342 16,398 , 16 836 , 17 639 Transfer Stations/Recycling Center3(13) . ' 3,804 3,994 4,193 4,103 4,623 , 4,854 , 097' 5 Landfill Disposal Expenses(14) 5;068 :5;313 5,548 5,791 6,050 6;318 . 8 598 System Administration(IS) 4,388 4;594. 4,810' 1038 5,321 S S91 , 5 854: City Pre-existing.Landfill.Expenses(16) - -583 . 591 . 621 652 684 , 719 , 755 Total System'Ope-rating Expeneea' . 11,188' .18;819 . 18,399 - 52,010 57,758 • , 56,025. ~•58.I06 Net System Operating.Revehue;(17) 21,356' 21;419 21,639• 21,790 21,780 22,009 22,288 Outstanding Bond3-Debt Service(18) ' Series 1992-Bonds Debt Sarvice(18) 14-;813.• 866 3 14;813 : 3 685 14,818'. 3 684 14,816 14,816 ' 14,816 114,826 , • - , ` , . 3,685 3,68S - 3,684 3,689 Net System Revenues• ~ 2,857 •2;921• ■3;137 . 3,289 3,280" 3;509 3,774 Payments to Regioaal:;Cit1e3(19)- 349 . 849 319 349 349'. 349 350.- Net System Revenues Available for Reserves ' 2,508 • . - 2,572 •2,788. • '••2.940 • 2`930• `3.180= 3,424 Additions to Reservei: ' . , C1.ty Solid Veste Reserve Fund(ZO)''` • 2;042 2,144 2,251 2,364 2,482 2;608• 2 737 Regional Landfill Fund(21) ' 0• 0 0' • •0 0- 0' , •0 Rate StabilizatimrAccount(22) 0 0 0- 0 0 0••• 0• Transfer of Interest to•Reserve Account3(23)- 466 428 536 - ' 576 448 553. 687 Total Additions to'Reserves A2; 508, 2,572 .2.788' • •••2,940 2,930 3,160' 3.424 System Reserve Balances (Yeer End): ` Rate StabiTizati Ac t(24) ' ' ' 2009 2010 2011' 310,000 310,000 310,000 24,762 42,993 0 1,945 11,505 . -140 1,718 1,637 26;601 33,213 0 4,424 11,600 140 933 1,719 27,531 26,835 0 1,072 11,700 140 890 1,805 84;897 24,528 18,482 5,352 6,890 -•6,130 792 62,176 22,522 14,834 3,688 ,3,999 350 3,650 2,873 0 0 776 3,650 78,640 c' 27,300 19,367 5,620 7,196 6,478 832 68,792 11,848 4,616 3,304 •■u3.928 1Bl 3,747 3,017 0 0 730 3;747 69,974 24.562 20,296 5,901 7,515 6,769 874 65,918 4,058 0 0 4,058 0 4,058 3,168 0 0- 890 4,058 0 0 0 19,864 19,187 22,173 0 0 0 143.43 103.35 85.81- 1.22 1.54 on eovn City Solid Waste Reserve Furvd(25)' U. 13,550r 0 •12,978 0 15,004 0 15,810 0 13,677 0 15,661 0 1159'. 18 Regional Landfill Fund(26)., 0r 0 p 0 0 0-' . 0 System Tlppinq Fee. (S/ton)(T7) 112•.23• 116.28 120.21 124.38 130.22 133.28 •138 43 Debt Service Coverage .Ratio(28y'. 1.15 • 1.16 1.17 1.16 1.18' 1.197. . 1:20 SOLID WASTE SERVICES IN SPOKANE COUNTY Considerations for the City of Spokane Valley HISTORY - Background In 1969,'the State of Washington adopted the State Solid Waste Management Act (the "Act") to provide for a comprehensive statewide program for dealing with the disposal of solid waste. The Act, among other things, requires each county within the state, in cooperation with its regional cities, to prepare a coordinated & comprehensive solid waste management plan. An update to this Plan is required every five years. The Comprehensive Solid Waste Plan is the basis for the development of facilities and programs in the County. In compliance with the Act, Spokane County developed and implemented a Spokane County Comprehensive Solid Waste Management Plan, (the "1984 Comprehensive . Plan",) to address the solid waste management and disposal needs of the Service Area, which was adopted and approved by the Washington State Department of Ecology ("Ecology"). The 1984 Comprehensive Plan recommended a countywide approach to solid waste management that incorporated recycling activities, a waste-to-energy facility, transfer stations and a regional landfill (the "System"). Although the City of Spokane and Spokane County jointly developed the Comprehensive i Plan, both the City and the County recognized that the City had more resources available at the time to effectively manage the System developed from the Comprehensive Plan. Therefore, the City and County entered into an Interlocal Agreement, giving the City of Spokane the responsibility to provide the financing and management of the System, with decisions on certain major matters being subject to concurrence by the County. In return, the County pledged to direct all solid waste collected in the unincorporated areas of the County to the System facility. In 1988, Spokane County adopted the Flow Control Ordinance which requires all solid waste collected in unincorporated Spokane County be delivered to the Regional Solid Waste System. INCORPORATION - (Spokane Valley) Once incorporated, the new City of the Spokane Valley will not be subject to the Flow Control Ordinance. The new City is required by State law to adopt a solid waste management plan consistent with the County's Solid Waste Management Plan. The new City may determine to prepare it's own solid waste management plan. This process could likely require a number of years for development, approval and implementation. An alternative could be to adopt the County's Solid Waste Management Plan and dispose of solid waste through the Regional System. (over) WHAT DO OTHER INCORPORATED AREAS IN SPOKANE COUNTY CURRENTLY DO? The City of Spokane and Spokane County have jointly entered into a waste commitment agreement with'Fairchild, and a Regional City Interlocal Agreement with the Cities/Towns of Airway Heights, Cheney, Deer Park, Medical Lake, Fairfield, Latah, Millwood, Rockford, Spangle and Waverly. In addition, each City/Town has adopted the County's Comprehensive Plan. The Regional City hitcrlocal Agreement provides for the delivery of Solid Waste collected within the boundaries of the Region's Cities/Towns to the System for a period of at least 25 years with provisions for renewal for successive 20- year terns. OPTIONS FOR SOLID WASTE SERVICE Solid waste collection and disposal are separate services with different options available to newly incorporated cities or towns. Solid Waste Collection: Currently, collection services are provided by franchised haulers that are regulated by the Washington Utilities and Transportation Commission (WUTC). The new City has the option of allowing the franchised haulers to continue with their current operations. The new city may decide to take over solid waste collection. Prior to doing so the city -must first notify the WTUC, then refer to the options provided under RCW 35.02.160 - Cancellation, Acquisition of Franchise for Solid Waste Collection. Solid Waste Disposal: (The Regional Solid Waste System currently provides Disposal services.) The new city would have the option of continuing to use the System for disposal of solid waste. Alternatively, the new city could utilize other'disposal options, provided that they are in compliance with a new city plan approved by Ecology, or Spokane County's Comprehensive Solid Waste Management Plan. For more information, please contact: Bill Wedlake, Regional Solid Waste Coordinator for Spokane County (509) 477-7281 . wwedlake@spokanecounty.org SpOwf COLWY Exhibit B Collection & Disposal EXHIBIT 2 The City of Spokane Valley SOLID WASTE COLLECTION August 5, 2002 My thanks to Bill Stansberry, District Manager, of Waste Management for the information he supplied for the preparation of this report. Revenue is not established in this report. The current collection routes were established prior to the formation of the City of Spokane Valley. This results in collection routes which weave in, out and through the new City and County. POPULATION: 80,700 total population 80,700 T 2.44 average persons per household = 33,100 households (2000 U.S. census report) FACTS: There are five (5) types of solid waste collection now operating. Residential: individual home owners, duplexes, triplexes and some apartment dwellers create approximately 18,500 accounts Residential Recycling: • a service offered in conjunction with Residential accounts( may include some multifamily carts) - approximately 10,000 participants. Organic Yard Waste: • offered weekly for 9 months, and monthly for 3 months - currently 3,240 accounts Commercial Accounts: • Businesses and most apartment complexes using dumpsters - 2,655 accounts Construction Accounts: • Builders and contractors using roll off dumpsters - 70 accounts • r Page 1 EXHIBIT 2 RESIDENTIAL COLLECTION The City of Spokane Valley has approximately 33,100 households including apartments: • 20.0% of population of Spokane county will be in Spokane Valley • 27.4% of all.households occupied by singles • 9.4% of all households are occupied by a single over age 65 Residential Collection: • approximately 18,500 accounts, including apartment individuals • 7.2 routes serviced by 8 trucks plus 1 spare • 1 residential collection truck can service 500 customers per day • residential collection produces 65 ton of waste per day • disposal fee $103.00 per ton Start up costs: • 9 new trucks @ $211,000 each = $1,899,000 Annual maintenance: (depreciation, fuel, repairs, etc) • 9 trucks@ $50,000 each = $450,000 • 9 drivers @ $50,000 each = $450,000 • container costs(residents provide container) -0- RESIDENTIAL RECYCLING Residential recycling is provided to each residential customer. The cost of recycling is included in the residential collection rate. Any income from the sale of recyclables goes to the Collecting Company. FACTS: • there are approximately 9,000 to 10,000 accounts • 4 routes serviced by 4 trucks plus 1 spare • each collection truck can service about 450 accounts daily • produces 3 ton per day = 12 ton Start up costs: • 5 trucks @ $150,000 each = • containers 20,000 @ $4.00 each = Annual costs: maintenance: (deprecation, fuel, repairs, etc) 5 trucks @ $50,000 each = 5 drivers (salary + perks) @ $50,000 = container replacement costs, 2,000 @ $4.00 each = $750,000 $80,000 $250,000 $250,000 $8,000 Page 2 J EXHIBIT 2 RESIDENTIAL ORGANIC YARD WASTE(compostable materials) FACTS: • yard waste collection is on a subscription basis. • collection is on a weekly basis for 9 months of the year and monthly for 3 months. • the. company supplies a 96 gallon container for organic yard waste • currently there are 3,240 customers • there are 2 routes serviced by 2 trucks plus 1 spare • yard waste produces about 30 tons per day • disposal fee is $35 per ton Start up costs: • 3 trucks @ $200,000 each = $600,000 • container costs, 5,000 @ $50.00 each = $250,000 Annual costs: • maintenance(depreciation, fuel, repairs, etc) 3@$50,000 = $150,000 • 3 drivers(salary + perks)@$50,000 $150,000 • container replacement $500 @ $50 each = $25,000 COMMERCIAL COLLECTION Commercial collection is on a subscription basis and wastes are collected from i dumpsters. The Collecting company supplies the dumpster. Dumpsters come in various sizes with a 4 cubic yard container being the average size. FACTS: • Currently here are 6.6 Commercial routes serviced by 7 trucks . plus 1 spare. • collection produces about 30 ton of waste per day/truck • disposal fee is $103 per ton • produces about 3 ton recyclables per day • income from recyclables goes to Collecting company Start up costs: • 8 new trucks @ $190,000 = $1,520,000 • container costs, 3000 @ $424.00 each = $1,272,000 Annual maintenance(depreciation, fuel, repairs, etc) • 8 trucks @ $50,000 each = $400,000 • 8 drivers (salary + perks)@ $50,000 $400,000 • replacement containers 300 @ $424.00 each = $127,200 Page 3 EXHIBIT 2 CONTRACTOR - BUILDER COLLECTION Contra ctorlbuilder collection is provided on a subscription basis and on an 'as needed basis. FACTS: • currently there are 70 accounts • 2 routes serviced by 2 trucks plus 1 spare • Collecting company supplies the roll off dumpsters • produces about 50 ton of waste per day disposal cost is $103 per ton Start up costs; • 3 trucks @ $125,000 each = • container costs, 70 + 10 spare at $4,000 each = Annual maintenance(depreciation, fuel, repairs, etc) • 3 trucks @ $ $50,000 = • 3 drivers (salary + perks) @$50,000 • replacement containers, 10 @ $4,000 each = $375,000 $320,000 $150,000 $150,000 $40,000 Page 4 EXHIBIT 2 COST SUMMARY SHEET START UP 1. Trucks: Residential garbage 9@$211,000 each = Recycling - 5 @ $150,000 each = Yard waste - 3 @ $200,000 each = Commercial - 8 @ $190,000 each = Contractor/Builder - 3 @ $125,000 each = 2. Containers: Residential(resident provides) Recycling - 20,000 @ $4.00 each = Yard waste - 4,000 @ $50 each = Multi family carts - 500 @ $35 each = Commercial dumpster - 3000 @ $420 each = Construction roll off - 80 @ $4000 each = Sub total 3. Facility: 'Maintenance shop(space supplies and equipment) "Equipment yard - lease 'Refueling station(space, tanks and pumps) 'Office(space, supplies and equipment) Sub total ANNUAL OPERATIONS 1. Drivers - 23 regular + 4 subs (salary + perks) @ $50,000 each Mechanics - 4 (salary + perks) @ $50,000 'Manager, Assistant, office personnel @ 10 persons (salary & perks) 2. Maintenance(depreciation, fuel, repairs) Trucks - 9 @ $50,000 Recycling - 5 @ $50,000 Yard waste - 3 @ $50,000 'Commercial - 8 @ $50,000 Contractors/builders - 3 @ $50,000 3. 'Maintenance shop 'Equipment yard 'Refueling station 'Office - lease & supplies Contingency @ 10% Sub total Sub total Sub total $1,899,000 750,000 600,000 1,520,000 375,000 -0- $80,000 200,000 17,500 1,260,000 320,000 $7,021,500 $25,000 100,000 500,000 50,000 $1,075,000 $1,350,000 200,000 1,000,000 $2,550,000 $450,000 250,000 150,000 400,000 150,000 $1,400,000 100,000 300,000 100,000 50,000 $550,000 $1; 000,000 'Guesstimate: exact costs not available at this time. Grand total $13,596,500 Page 5 EXHIBIT 2 SOLID WASTE OPTIONS 1 2. 3. 4. Continue with the present arrangement - no cost to Spokane Valley City Condemnation - assume present operation. Estimated cost as of this report 7 year loss of revenue to buy out Waste Management Condemnation Total Notify Waste Management now of plan to assume operation in 7 years. 7 year start up costs "Inflation factor @ 2% per year = 14.87% Delayed start up costs Compulsory participation Page 6 August 5, 2002 - Spokane Valley 0ity(Revised Report - August 12, 2002) $13,596,500 $50,000,000 $63,596,500 $13,596,500 2,021,800 $15,618,300 EXHIBIT 2 The City of Spokane Valley SOLID WASTE COLLECTION Addendum to August 5, 2002 Report My thanks to Michael L. Torre, President, and Marc B. Torre, General Manager of Sunshine Disposal, Inc. for the information they supplied for this report. Revenue is not established in this report. FACTS: Sunshine Disposal Inc., has only Commercial Accounts within the boundaries of the proposed new City. Commercial accounts include all businesses using dumpsters for waste disposal and recycling. Commercial Collections: number of City accounts unknown. • businesses using dumpsters • construction accounts using dumpsters Collection is on a subscriptions basis. The dumpsters are supplied by either the business or the collecting company. FACTS: • approximately 500 accounts dumpster sizes are; 20, 30, 40 cubic yards • dumpster pick up is at request of the customer • construction disposal is in a land fill at $50.00 per ton • landfill disposal fee includes land fill closing costs (life expectancy for a landfill is about 100 years.) COMMERCIAL COLLECTION For business inside the boundaries of the new City, Sunshine Disposal, Inc. estimates the following: Start up costs: • 5 new trucks '@ $150,000 each = $750,000 • 400 dumpsters @ $4,000 each = $1,600,000 (some businesses provide their own containers) Annual costs: • 5 trucks (depreciation, fuel, repairs, etc) = • 5 drivers (salary plus perks) $50,000 each = • 40 containers (replacement) @ $4,000 each = • contingency @ 10% = $250,000 250,000 160,000 300,000 -Grand total $3,310,000 • No costs are included for line items; mechanics, maintenance shop, equipment yard, refueling station, office personnel or office space, because these costs would be included in Annual Operations as J stated in Cost Summary Sheet, Page 6 of August 5, 2002 revised report. Page 7 pro sere c~ f o 0 dyd iee~ STATE OF•WASMINGTON WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION 1300 S. Evergreen Park Dr. S.W., P.O. Box 47250 • Olympia, Washington 98504-7250 (360) 664-1160 9 TTY (360) 5116-8203 July 8, 2002 Jessie Lang Spokane Valley Solid Waste Task force. 808 W. Spokane Falls Blvd. Spokane, WA 99201 Re: Spokane Valley Jncorporation Dear Jessie: I have the pleasure of answering your inquiry of July 2, 2002. 1 look forward to working with the new City of Spokane Valley through this transition. Your questions are in bold, with my answers following. Before I respond, I have reviewed the certificate authority in the area shown on the map City of i Spokane Valley's Approved Boundaries. There are three solid waste collection companies in that territory you need to be in contact with. They are: Certificate Company Territory and service G-237 Waste Management; inc. Northern Spokane County, all services G-199 Sunshine Disposal City of Spokane and the eastern Spokane valley. Containers over 20 cy, only G-142 Waste Paper Services Spokane County, discarded waste paper 1) What are the options for the new city in regard to their current hauler? (Condemnation, franchise extension, contract, etc.) There are basically four options for the new city to choose from in regard to their current solid waste collection companies. A. Spokane Valley can do nothing. If the city does nothing after incorporation, the Utilities and Transportation Commission will continue to regulate the solid waste collection companies' operations, including setting rates, monitoring services, providing customer complaint services, verifying insurance, and overseeing company compliance with state and federal safety regulations, including vehicle and driver safety and compliance with drug and alcohol testing. B. Spokane Valley can pass a service level ordinance. ® to co Letter to Jessie Lang July 8, 2002 Page 2 of 2 If the city passes a service level ordinance, the Utilities and Transportation Commission will require the company to implement it. There are some limits on what can be included in the ordinance, but the city can require mandatory collection, mandatory. recycling, specific commodities for collection, and payment of city franchise or administrative fees, among other things. C. „Spokane Valley can contract with the current company or companies. If the new city contracts with the current company, this action has the efrect of cancelling the solid waste certificate authority in the terrritory covered by the incorporation. The city should be aware that they may be subject to additional damages in court; and should consult with the city attorney during this process: Because there is more than one company in Spokane Valley, the city is responsible for coordinating with all three of them. The city may contract with one or more of the companies and condemn or buyout the others. There are consultants who can assist the city with rate setting, service requirements, customer protection, and safety requirements. After the contract expires, the city may provide solid waste services in whatever manner they choose. D. Spokane Valley can condemn or buyout all the current companies' solid waste certificates. If Spokane Valley successfully condemns or buys out the certificates, Spokane Valley can act to provide solid waste services in whatever manner the city chooses. The city should be aware, however, that the certificates are a property right, and the compensation, set by the court may be large. This action should be accompanied by legal advice from the city attorney. 2) If they choose to take over collection, what time period is required for the franchise extension? In answering this question, you may be aware that the Utilities and Transportation Commission, in its 2001 rulemaking, interpreted RCW 81.77.020, which establishes the city's right to regulate solid waste services. The city's RCW 35.02.160, especially in the first sentence of the second paragraph, contributed to the interpretation. The resulting WAC 480-70-141 states that solid waste services must be regulated. This regulation can be provided by a city regulating solid waste services through a contract or by providing the services themselves. If the city elects neither of these options, regulation of solid waste collection services defaults to the Commission. This means that when the city contracts with the current solid waste collection company, the -Utilities and Transportation Commission will cease regulation. RCW 35. also mentions a time,period of not less than seven years. However, of that point, the time period is determined through negotiations between Spokane Valley and the-current companies. 3) During this time period, is the hauler responsible to the UTC or to the new city? (rates, regulations, flow control, etc.) See answer to Question 2. Letter to Jessie Lang July 8, 2002 Page 3 of 3 .4) What is the process for notification, and to whom? The statutes in the answer to Question 2 require notice to the solid waste collection company and to the Commission of the effective date of the city's contract, which cancels the current companies' certificates. 5) When can this be done? When the council is elected can they notify the hauler at that time, or is it necessary to wait until after the official date of incorporation? The Utilities and Transportation Commission is happy to provide input and expertise at any time during the process, but we can not provide legal advice. The city attorney would be the most appropriate advisor on when a contract effective date can be chosen and whether or not notice of that date issued before the official date of incorporation would qualify as official notice to the companies -and the Utilities and Transportation Commission. 6) Does the city have to have a solid waste management plan in order to contract for solid waste services? This is a question for the city attorney. The Commission will continue to enforce the Spokane County solid waste plan until requested to do otherwise, either through a service level ordinance or notice of contract with the cutTent companies. Please feel free to contact me at 360-6641255 or a-mail dreynoldpNvute.wa.gov if you have ,additional questions. i Sinc rely, Deborah Reynol Regulatory Analyst r" act, July 8, 2002 Garry Wendle Spokane Valley Transition Chairman Public Works Committee Subject. Spokane Valley's Solid Waste Collection & Disposal Options Ladies and Gentlemen: WASTE MANAGEMENT 12122 F. lsc Ave. ~,pokone, WA 99206 5 (509) 924-9400 (509) 467-7931 Fax Thank you for the opportunity to attend and participate in your July 8th, Public Works Committee meeting. Waste Management looks forward to being an ongoing partner with the City of Spokane Valley and participating, when appropriate, in the planning of your Solid Waste Management System. i This letter is in response to your request (David Arnold) that we provide your committee with a written description of the newly formed City's options for solid waste management. I've tried to summarize below the various legal options of a City, some of the benefits and down sides of each option, and reference documents that address each option. The solid waste management options of a newly incorporated City or newly annexed areas by a City are addressed in Revised Code of Washington (RCW 35.02.160) which also contains reference to RCW 81.77.020. The options fall into three basic categories; 1) do not exercise your municipal, authority in regard to solid waste management and allow system to function as is, 2) notify the Washington Utilities and 't'ransportation Commission (WUTC) and "G" Certificate holder of your intent to exercise your municipal authority, 3) exercise your municipal authority immediately. Option 1, means that solid waste management would continue as it does currently. Garbage collection would be regulated by the VXrUTC and the County would regulate disposal requirements. This option would alleviate the City of any regulatory administration and the costs associated. However, it would not allow the City to have direct authority over the local collection company, the services offered, rate setting and progrann mandating or community programs development (e.g. spring clean-up, recycling programs, etc.). In addition, it would not allow the City to collect any administration or franchise fees through the garbage collection system. Option 2, means that the City could notify the WUl'C immediately of its intent to exercise its municipal authority. Under RCW 81.77, the WUTC grants "G" Certificates to garbage collection companies for specific geographical territories. These "G" Certificates grant the Certificate holder exclusive solid waste service rights within all unincorporated areas (or incorporated areas not exercising their municipal authority) within the Certificate holders described territory. Under RCW 35.02.160, these rights and territories are legislatively protected from annexation or incorporation for seven years after notification to 9 the WUTC and "G" Certificate holder. In short, Spokane Valley can notify the WU'ITC and the "G" Certificate holder (Waste Management) of its intent to exercise its municipal authority in seven years. At the end of that seven years, under RCW 35.21.120 and RCW 35.21.152, Spokane Valley could contract for solid waste service, provide services themselves, or combinations thereof. For seven years, the same benefits and down sides exists for this option as described in option 1 above. However, after seven years the City would have complete control over its solid waste management system. The other benefit to this option is the City could notify the NVUTC and Certificate holder of its intentions today and start the seven year clock running, and then begin the process of negotiating a contract with the Certificate holder as described in option 3 below. Option 3, actually contains multiple options. You can immediately exercise your municipal authority in two ways, condemnation or negotiated contract with the Certificate holder. If you elect to go through condemnation, you in essence buy the legislative protection away from the Certificate holder. An impartial judge would work with the City, the W`UTC and the Certificate holder to determine the value of the Certificate holder's territory (customer base) in question and then require the City to pay the _ Certificate holder that amount. If the City took this action, you could exercise your municipal options described in RCW 35.21.120 and/or RCW 35.21.152 immediately. The down side to this option is its very expensive for the City. The other option the City has is to simply negotiate a comprehensive solid waste management contract with the Certificate holder. The benefits to this option are many. The City can require the Contractor to pay the City an administrative or franchise fee. The City can require the Contractor to provide certain services and service levels that achieve the City's goals (i.e. mandatory service for every household, curbside recycling, yard debris collection, linear rate structure to promote waste reduction, spring clean-ups, etc.). The down side to this option is it will require City Staff and staff time to negotiate a comprehensive contract. The above summarizes, to the best of my ability, Spokane Valley's basic options with regard to solid waste management. As 1 stated, Waste Management is honored to be the current solid waste service provider in the Spokane Valley area and we take great pride in the quality of our service, equipment and employees. It is our goal to be a good corporate citizen and municipal partner with Spokane Valley and continue as your solid waste service provider under any option the new City may choose. If you have any questions or I can provide you or your committee assistance in any way, please don't hesitate to call me at (509) 468-8226 or e-mail me at bstansberry@wm.com. Sincerely, Bill Stansberry District Manager CC: Dave Patterson, Waste Management r` Pays try . Off Variable-rate collection programs reach 20 percent of population. AS. AMPRIcArrs CONTTNUF to flirt with.ways to Asked Questions," PAYT is proving to be a powerful reduce waste while managing disposal capacity, source reduction tool. In fact, on average it has helped recent reports note that the nation's overall more than 5,000 communities to'reduce their overall recovery rate is increasing. This may be thanks, in part, refuse tonnage by nearly 17 percent. to some communities' love affair with variable-rate The majority of communities across the United waste management, also known as pay-as-you-throw States adhere to a flat-rate system -collected through (PAYT), programs. a portion of property taxes or a fixed bill amount. According to the Los Angeles-based Reason Faun- However, "putting a price on the waste stream dation's recent study, "Variable-Rate or 'Pay-as-you- creates incentives for people to separate [recyclables] Throw' Waste Management: Answers to Frequently out and makes them more suitable for re-marketing 5;000+ Pay-As-You-Throw Communities ~•tl. ^y ~,zr y n or ro th a an 200 PAYT M . 101-200 PAYE communities 51-100 PAYE jurisdiction •Soorce: Skumato Economic 21-50 PAYT jurisdition Research Associate s, 2002 1-20 PAYT jurisdiction 22 ■ November 2002 ■ Waste Age OLLE ~o as recyclod go-ads," Says Ketuieth Green, chief sciesitist for the Reason Foundation, a nonproftt rescarch and education organization- "The most surprising finding of the study is the sheer magnitude of the waste that can be avoided [with PAYT']," Careen says- "I- don't thinly that many people have an idea that th rough changing the incentives and the pricing mechanism that you can havt such [an] affect on the end outcome-" Curzently, PAYT programs are avail abie to 20 percent of the population; anly four states offer no PAYT systems, the foundation's study notes. Several states, such as Washington and Minnesota, have mandated state assistance for PAYT programs. And a growing number of other states actively are promoting this collection method. For example, New.York City is a grand-scale example .of a municipality that's taking notice of PAM perks. in his 2002 study, 'Cutting New York's Trash Costs Through Pay-As-You-Throw," author Steve Hammer, also president of New York's Liam mer Envi- ronmental Consulting, dis- cusses how the city could reduce its annual 1 billion solid waste budget by implementing a PAYTsystem - Currently, New York City's property tax-based system allows for unlimited curbside pickup, which can result in higher costs. "If New Yorkers achieve a 6 percent waste prevention rate then the savings would be well over $100 million per year," Hammer says. "There will be a groundsweil of envi- ronmental and community group support for this. concept because of the potential to reduce: the total volume of waste generated in New York City-'° According to the Reason Poundation's study, PAYT can be implemented via several collection systems, including, ■Can programs, Customers stlect an appropriate size or number of containers for their weekly disposal. Residents who dispose of more than their weekly allotted amount are charged more.. ■5ag programs. Customers buy bags imprinted with ogos ahead of time (marked for yard waste, rctyclables ~Lnd regular waste). The price of the hag includes collection, transport acid disposal. 07ag aud.sticker programs, This is identical to bag programs except customers buy siickees or tags ro affix to the appropriate waste- ■FIybtid programs. This method Combines the current collection system with a new incentive-based system. Instead of unI [rnited collection for one monthly fee, customers have i limited volunic of service. PAYT programs are available to 2 percent of the population; only four states offer no PAYT systems, the foundation's study notes. And grovvf n number of other states actively are,pronw ing this collection method. RWeight-based programs. A modified scale on trucks weighs garbage containers, and customers are charged for their actual pounds of garbage dill}osed. EOther Variations. Some communities or haulers offer PAYT along with their standard unlimited system, usiag waste drop-off programs, .punch cards or other customer tracking systems. 'Virtually any community can find [a method] suitable for their lifestyle," Green says. 'It's not imposed by a one- size-fits-all approach based on municipal government," PAYT programs are especially helpful in raising recycling rates when there's a market for rccyclables, the study says, TO implement an effective PAYT program, the foundation suggests communities address logisticaI concerns- For example, with can systems, customers must determine their normal service level for billing, which can be tricky. Additionalty, if the community or the hauler provides containers, the purchase, distribution and storage of the containers can be expensive- With, bag or.sticker pro- grams, a supply and discribu- tion system is needed, such as a grocery store or conve- nience store. Customers then need to store bags or tags, and have them on-hand when they are gathering their gar- bage. One concern with weight- based systems is that they may require additional time at the curb, and trucks must be retrofitted with special scales. Also, billing'systems can be complicated- Neverthclcss, Green says that PAYT remains promising, and miner inconveniences should not outweigh PAYT's environmental gains - 'There's always been tension between do [ing] it the way we've always done it vs. going through a little inconvenience for the sake of really [gaining] Value,' Green s,3 ys. PAYT offers many advantages, and people are becorning-more aware of environment ' aI quality-R . . Moreover, as disposal capacity and siting problems for landfills and waste disposal facilities continue to grow, ° these pressures mean snun is ipalities are goi rig to he hungry for ways to reduc~c the flow into land fi I Is," Green continues. "I think [communities are] realiz.in8 over time that flat-rate programs and voluntary curbside recycling don't make a significant waste reduction," To obtain a copy of the foundation's study, visit www- rppi.org or call (310) 391-2245. - Carel Bad aracco 1•',udgett Corl~ributa rig Edidor Marietta, Ga, i s t Waste blue a November 2002 ■ 23 Exhibit C Recycling & Composting Program Costs: The SWANA California study found an average curbside recycling cost of about $2.40 per household per month. In areas where there was more competition for services these charges tended to be lower. Waste management charges customers $2.79 who recycle only. We are estimating the costs of recycling that is included in the garbage service rates to be the same per household. As discussed earlier, volumes are one of the keys to cost effectiveness. The following tables discuss changes to programs that add tonnages (Table 2) and show reduced or very low costs (Table 3) and present the most feasible options for communities. Table 2. Estimated Impacts of Program Design Options on Recycling Diversion (Add factors to existing diversion rates) National ?California Variable rates - - + to o ° ;j points +3 to 4 ° o I~ Weekly recycling collection 2 to4 O Points not available Add materials 2 to 4 % points +3 to 5% po Conuningled Collection _ _ l to_3_% points +2 to 4 % po Older programs +3 to 5 % po No separate recycling charges +2 to 4 % no Providing bins _ -+-1 to 2 %points _ :Source: Lisa Skumath "Nationwide Diversion Rate Study - Quantitative Effects of Program Changes on Recycling and Green Waste Diversion: Beyond Case Studies," prepared for the Solid Waste Association of North America (SWANA), SERA, Inc., Seattle, WA, 1996. "Achieving 50% in California: Analysis of Recycling, Diversion, and Cost-Effectiveness," prepared for California Chapters of SWANA, SERA. Inc.. Seattle, WA, 1999. C SERA, Inc_, used with permission of author. Older program Adding new materials _ 115-35% higher Source: Lisa Skumatz. "Nation-M& Diversion Rate Study - Quantitative Effects of Program Changes on Recycling and Green Waste Diversion: Beyond Case Studies," prepared for the Solid Waste Association of North America, SERA, Inc., Seattle, WA, 11996. ~0 SERA, Inc., I ised with permission of author. Table 3. Estimated Percentage Changes in Program Costs from Program Choices and Waste Stream: A building block of a successful solid waste management program is knowledge of the local waste stream. Armed with this knowledge, local governments can design an efficient waste reduction strategy that targets the most promising and most problematic waste materials first. A waste stream assessment is the process of understanding tile mix of material in the local waste stream. A waste stream assessment can be as simple as evaluating existing data that a local government already keeps or it may include an extensive waste sort to estimate quantities of various materials in the waste stream. Most local government waste streams are similar, especially with respect to their residential waste streams. Figures 2 provides estimates of materials in the residential waste stream. A \VASTE STREAM ASSESSMENT PROVIDES LOCAL GOVERNMENTS WITH TI IL FOLLOWING BENEFITS: Identifies major material categories and their quantities in the waste strum. Helps rank materials according to their impact on the local waste stream. I lelps identify specific commercial/industry types and/or facilities that should be targeted for waste reduction. Assists in creating local educational materials on solid waste; management- Although a waste stream assessment is important, it should be remembered that recycling is a market-driven endeavor, and markets will be the ultimate factor used to target materials for recycling Frequency of Collection: Weekly collection is more convenient for customers and results in the collection of more volumes of materials. However, weekly collection is usually more expensive than every other week. According to the 'Nationwide Diversion Rate Study' (See Table 3 below) lower frequency collection decreases costs dramatically by 2040% and only leads to small decreases in recycling tonnage. The tonnage decrease could be offset by other changes. However, changes in frequency of collection require more user education to cover the recycling pickup schedule in neighborhoods. Our recommendation is to collect recyclables every other week rather than every week Organics Recycling: In many programs, organics materials include yard trimmings (e.g. Tree trimmings and grass clippings), discarded-food (and food-contaminated paper), wood debris, stumps and large logs, gypsum wallboard, reusable lumber, rebuildable pallets, manures, and crop residues. Fibers and food wastes account for a large percentage of the waste steam and food wastes(see Waste Stream Figure 2 above). Communities are finding that organics reuse, recycling, and composting programs are diverting as much or more waste from incinerators and landfills as curbside recycling programs. Some of the greatest savings came from reducing the production of yard trimming or using them on-site in a closed loop system. Other significant diversion results from composting residentially and commercially discarded foods. Discarded food and food-contaminated paper (sometimes referred to as "soiled" paper) make up 10 to 1.5 percent of the residential waste stream in many communities. In residential programs with a weekly yard trimmings pickup, adding food can increase diversion without adding significantly to costs if the current composting facility can accept discarded foods. Residents place food-contaminated paper with food waste. By combining both discarded :food and contaminated paper together, the paper will absorb the moisture from the discarded food. Based on programs around the world and pilots in North America, programs that collect discarded food in this way should be able to obtain a weekly set out rate of 30 to 50 percent 'those participating will generally provide 80 percent of their discarded food and food-contaminated paper. The result of adding this material to a yard trimmings program could yield diversion of another 3 to 6 percent of the total residential waste stream once the program is operating. Exhibit D Valley Transfer Station TRANSFER STATION INTRODUCTION The collection of solid waste within the boundaries of the new City of Spokane Valley has usually been take to the Sullivan Transfer Station that is currently owned by the City of Spokane. This has been done by self-hauling or by commercial collection companies that are regulated by the WUTC. OPTIONS 1. The new city can continue to use the Sullivan Transfer Station with ownership and control by the City of Spokane, thus continue to pay the rate set by the City of Spokane. 2. The new city can purchase the Sullivan Transfer Station from the City of Spokane and thereby control the disposal of its solid waste and cost associated therewith. Cost to the new city should be no more than the original cost the City of Spokane paid for the land and construction of the transfer station. This could be accomplished by negotiation or condemnation (RCW 35.92.020). Costs of the transfer station: Land $467,931 Water Connection-Chlorination 21,212 Water Main 141,932 Transfer Station 3,737,285 Compactor 670,706 Water Connection 13,829 Sprinklers 4,271 Concrete Sign 7,420 Floor Overlay 21,188 Concrete Slab 11,554 Sprinkler Extension 13,702 S 5,111,021 A search of RCW's doesn't dictate a specific way to determine the purchase price from the City of Spokane. 3. The new city could purchase another site and construct a transfer station on it and no - longer use the Sullivan Transfer Station. RECOMIN ENDATION Option 92. This option would probably be the most economical to the new city in the long run. The city would gain control of the flow of its solid waste and thereby control the costs. The cost of the purchase of the Sullivan Transfer Station should be approximately $5,111,021. Research has not determined if a replacement cost is applicable. If option 1 was used, the City of Spokane would continue to regulate the use and cost. If option 3 was used, the cost of land and the cost of construction could be much greater than the purchase of the Sullivan Transfer Station because of the escalation of these costs over the last I 1 years. Submitted by Don hachinsky Spokane Regi', --'o lid Waste System Allocation of Tipping Fees Allocation to Spokane Valley assumes: - No Recycling Program/Bins - No Litter Control Enforcement - - No Composting Program - No responsibility for past or future Landfill Closu relPostclosure Costs Assuming 2003 60% Electrical Valley 2003 Cost per Ton Revenues & City of Cost per Ton 2003 Not Expenses Based on Without Spokane Based on- Budget (Revenues) 310,000 Tons Debt Service Valley 86,000 Tons MSW Disposal Costs: Variable W-T-E Expenses:. Operating Fee. 8,537,138 Pass Through Costs 2,310,434 WSI Electric Payments 725,OOD Utilities 926,579 Less Electricity Sales (12,ODD,000) Net Variable Expense WTE Plant 499,151 Residue Disposal/Long Haul 5,333,000 Total MSW Disposal 5,832,151 18.81 38.17 45.00 Fixed W-T-E Expenses: Debt Service 10,152,335. Envimonmental Testing 305,000 Lease 125,000 Other 71,260 Total Fixed Expense 10,653,595 34.37 1.62 Recycling/Transfer Stations Note - Allocation to Valley based on tons - approx. 59%) Operations 4,319,066 2,543,193 Debt Service 846,765 498,600 Household Hazardous Waste 501,965 295,572 Equipment Reserve, Capital and Other 780,000 459,287 Less Sale of Recyc12bles (78,000) (45,929) Less Grants (75% H. H. W.) (376,474) (221,679) Total RecycfinglTransfer Stations 5,993,322 19.33 16.60 3,529,044 41.04 Regional Recycling Programs: Professional & Tech. Services 165,000 Spokane Regional Solid.Waste System - Allocation of Tipping Fees • Salaries and Benefits Other (Supplies, Recycling Bins) Less Grants (75%) Regional Composting Program: Operations ' Debt Service Capital and Other Less Composting Tipping Fees Net Expense System Programs: Salary & Benefits Professional Services Interfund (Utility Billing, MIS, Legal, Insurance, Etc,) State 1.5% B&O Taxes Litter Control Capital & Other Expense Total System Expenses Northside Landfill Disposal: Operations Debt Service Aestricted Cash-Landfill Closure Less Tipping Fees Total Northside Landfill Landfill Closure Program: County Debt Service on Landfill Closure City Debt Service on Landfill Closure Transfer to City's Solid Waste Regional Cities Payments Total Landfill Closure Program Total before Operating Cash & Rate Stabilization Fund Use of Operating Cash Transfer In - Rate Stabilization Fund Washington State 3.6% Refuse Collection Tax 2003 TIPPING FEE Assuming 2003. 50% Electrical Valley 2003 Cost per Ton Revenues & City of Cost per Ton 2003 Net Expenses Based on Without Spokane Based on Budget (Revenues) 310,000 Tons Debt Service Valloy 86,000 Tons 159,447 151,410 (356,893) - 118,964 0.38 0.38 1,740,000 115,480 80,500 (925,000) 1,010,980 3.26 2.89 223,187 185,500 821,813 335,000 501,406 213,463 357,737 689,460 150,000 (20,000) 2,931,941 2,497,579 1,250,000 250,000 227,974 92,930 2,280,369 7.36 7.36 320.904 3.73 1,177,197 3.80 1.57 1,954,627 22.73 6,929,520 22.35 0 109.66 68.59 89.77 (2,295,000) (7.40) (1,322,000) (4.26) 0 0 3.23 98.00 68.59 93.00 City of Spokane Regional Solid Waste Disposal Revenue Bonds (As of Year End) Cash Basis All Revenue Bonds Total Remaining Year Prin & Int Interest Principal Balance 2001 130,355,000 2002 17,431,427 7,401,427 10,030,000 120,325,000 2003 17,418,637 6,768,637 10,650,000 109,675,000 . 2004 17,402,633 6,122,633 11,280,000 98,395,000 2005 17,392,304 5,437,304 11,955,000 86,440,000 2006 17,353,574 4,698,574 12,655,000 73,785,000 2007 24,142,724 3,902,724 20,240,000 53,545,000 2008 17,541,423 2,931,423 14,610,000 38,935,000 2009 17,035,236 2,115,236 14,920,000 24,015,000 2010 17,005,354 1,250,364 15,755,000 8,260,000 2011 8,596,450 336,450 •8,260,000 - i 1992 Revenue Bonds 1993 Bond Refunding Remaining Remaining Interest Principal Balance Interest Principal Balance 1,995,000 17,235,000 126,085 1,995,000 - 867,112 405,000 16,830,000 - 848,482 425,000 16,405,000 - 828,508 445,000 15,960,000 - 807,148 465,000 15,495,000 - 784,362 485,000 15,010,000 - 760,112 7,320,000 7,690,000 - 394,112 7,690,000 - Note: During 2007 Principal payments change from being due at the beginning of the year to being due at the end of the year. Amounts Paid for County Landfill Closure: Series B 8,000,000 1993 & 1995 Refunded Revenue Bonds Series C 12,000,000 1992 & 2001 Refunded Revenue Bonds 20,000,000 Amounts Paid for City Landfill Closure: Series C 16,445,610 1992 & 2001 Refunded Revenue Bonds 1995 Bond Refunding 1998 Bond Refunding 2001 Bond Refunding Remaining Remaining Remaining Year Interest Principal Balance Interest Principal Balance Interest Principal Balance 2001 15, 545,000 70, 200,000 25, 380,000 2002 854,975 - 15,545,000 4,247,318 7,475,000 62,725,000 1,305,937 155,000 ' 25,225,000 2003 854,975 - 15,545,000 3,765,444 7,945,000 54,780,000 1,299,736 2,280,000 22,945,000 2004 854,975 - 15,545,000 3,253,412 8,440,000 46,340,000 1,185,738 2,395,000 20,550,000 2005 854,975 - 15,545,000 2,709,193 8,975,000 37,365,000 1,065,988 2,515,000 18,035,000 2008 854,975 - 15,545,000 2,118,999 9,530,000 27,835,000 940,238 2,640,000 15,395,000, 2007 854,975 - 15,545,000 1,479,399 10,150,000 17,685,000 808,238 2,770,000 12,625,000 2008 854,975 - 15,545,000 1,019,524 4,000,000 13,685,000 662,812 2,920,000 9,705,000 2009 854,975 7,575,000 7,970,000 750,749 4,270,000 9,415,000 509,512 3,075,000 6,630,000 2010 438,350 7,970,000 - 463,938 4,555,000 4,860,000 348,076 3,230,000 3,400,000 2011 157,950 4,860,000 - 178,500 3;400,000 - 1 City of Spokane Spokane Regional Solid Waste System Cost of Valley Transfer Station Acoum Depreciation Basis Cost 12/31/01 12/31/01 Land 467,931 467,931 Building: 1192 Water Main -Valley 141,923 47,308 94,615 12!91 Water Connection - Chlorination 21,212 7,385 13,827 1192 Valley Transfer Station 3,737,285 1,238,336 2,498,949 2192 Compactor 670,706 670,706 - 3192 Water Connection - Valley T.S. 13,829 6,799 7,030 9197 Concrete Slab - Valley T.S. 11,554 5,007 6,547 1196 Sprinkers at Valley T.S. 4,271 4,271 - 10100 Sprinker Extension - Valley T.S. 13,702 3,425- 10,277 8196 Concrete Sign - Valley T.S. 7,420 4,019 3,401 11196 Floor Overlay - Valley T.S. 21,188 21,188 - Total 5,111,021 2,008,444 3,102,577 Possible Debt Service 20 Year Life @ 6% interest Approx. $1.9 million for equipment debt issue costs. Year 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Payment Interest Principal Balance 7,000,000 610,292 420,000 190,292 6,809,708 610,292 408,582 201,709 6,607,999 610,292 396,480 213,812 6,394,187 610,292 383,651 226,641 6,167,546 610,292 370,053 240,239 5,927,307 61.0,292 355,638 254,653 5,672,653 610,292 340,359 269,933 5,402,721 610,292 324,163 288,129 5,116,592 610,292 306,996 303,296 4,813,296 610,292 288,798 321,494 4,491,802 610,292 269,508 340,784 4,151,018 610,292 249,061 361,231 3,769,787 610,292 227,387 382,905 3,406,882 610,292 204,413 405,879 3,001,003 610,292 180,060 430,232 2,570,771 610,292 154,246 456,046 2,114,726 610,292 126,884 483,408 1,631,318 610,292 97,879 512,413 1,118,905 610,292 67,134 543,158 575,747 610,292 34,545 575,747 0 Exhibit E RCWs & WACs Chapter 3J,02. I hU K W - 1'he Washington State LT,egr-flature L§!g slature Home About _U E-Mail _Lists Search Help RCW TITLES TITLE 35 CHAPTER 35.02 SECTION 35.02.160 FOM Version 35.02.155 << 35.02-160 35.02.170 RCW 35.02.160 Cancellation, acquisition of franchise or permit for operation of public service business in territory Incorporated - Regulation of solid waste collection. The incorporation of any territory as a city or town shall cancel, as of the effective date of such incorporation, any franchise or perrnit theretofore granted to any person, firm or corporation by the state of Washington, or by the governing body of such incorporated territory, authorizing or otherwise permitting the operation crf any public transportation, garbage disposal or other similar public service business or facility within the limits of the incorporated territory, but the holder of any such franchise or permit canceled pursuant to this section shall be forthwith granted by the incorporating city or town a franchise to continue such business within the incorporated territory for a term of not less than the remaining term of the original franchise or permit, or not less than seven years, whichever is the shorter period, and the ino orporating city or town, by franchise, perm ft or public operation, shall not extend similar or competing services to the incorporated territory except upon a proper showing of the inability or refusal of such person, firm or corporation to adequately service said incorporated territory at a reasonable price:: PROVIDED, That the provisions of this section shall not preclude the purchase by the incorporating city or town of said franchise, business, or facilities at an agreed or negotiated price, or from acquiring the same by condemnation upon payment of damages, including a reasonable amount for the loess of the franchise or permit. In the event that any person, firm or corporation whose franchise or permit has been canceled by the terms of this section shall suffer any measurable damages as a result of any incorporation pursuant to the provisions of chapter 35t02 F CW. such person, firm or corporation shall have a right of action against any city or town causing such damages. After the incorporation of any city or town, the utilities and transportation commission shall continue to regulate solid waste collection within the limits of the incorporated city or town until such time as the city or town notifies the commission, in writing, of its decision to contract for solid waste collection or provide solid waste collection itself pursuant to RCW 89.77.020. In the event the P 1 of 2 http./I %v%v.leg.Ewa.gov1RCW(mdex.cfm7fuscact:ion=section ct on= 35.02.160 121910 Chapter 35.02.160 RCW - The Washington State Legislature incorporated city or town at any time decides to contract for solid waste collection or decides to undertake solid waste collection itself, the holder of any such franchise or permit that is so canceled in whole or in part shall be forthwith granted by the incorporated city or town a franchise to continue such business within the incorporated territory for a term of not less than the remaining term of the original franchise or permit, or not less than seven years, whichever is the shorter period, and the incorporated city or town, by franchise, permit, or public operation, shall not extend similar or competing services to the incorporated territory except upon a proper showing of the inability or refusal of such person, firm, or corporation to adequately service the incorporated territory at a reasonable price. Upon the effective date specified by the city or town council's ordinance or resolution to have the city or town contract for solid waste collection or undertake solid waste collection itself, the transition period specified in this section begins to run. This section does not preclude the purchase by the incorporated city or town of the franchise, business, or facilities at an agreed or negotiated price, or from acquiring the same by condemnation upon payment of damages, including a reasonable amount for the loss of the franchise or permit. In the event that any person, firm, or corporation whose franchise or permit has been canceled in whole or in part by the terms of this section suffers any measurable damages as a result of any incorporation pursuant to this chapter, such person, firm, or corporation has a right of action against any city or town causing such damages. [1997 c 171 § 1; 1986 c 234 § 24; 1965 ex.s. c 42 § 1.1 NOTES: Severability -1997 c 171: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1997 c 171 § 5.] Page 2 of 2 http://www.leg.wa.gov/RCW/index.cf n?fuseaction=section&section=35.02.160 1219/02 Chapter 35.13 280 RCW - The Washiriguan Butt: Legisla#um Lgg slature Home About Us E-Mail Lists Search Help RCW TITLE= TITLE 35 CHAPTER 35.13 SE=CTION 35,11280 Pont verso 35.13.27{ << 35 13.280 351 3.29[} I1 CW 35.13.280 Cancellation, acquisition of franchise or permit for operation of public service business In territory annexed - Regulation of solid waste collection. The annexation by any city or town of any territory pursuant to these provisions of chapter 35.10 RCW which relate to the annexation of a city or town to a city or town, or pursuant to the provisions of chapter 35.13 RCW shall cancel, as of the effective date of such annexation, any franchise or permit theretofore granted to any person, firm or corporation by the state of Washington, or by the governing body of such annexed territory, authorizing or otherwise permitting the operation of any public transportation, garbage disposal or outer similar public service business or facility within the limits of the annexed territory. but the holder of any such franchise or permit canceled pursuant to this section shall be forthwith granter) by the annexing city or town a franchise to continue such business within the annexed territory for a term of not less than seven years from the date of issuance thereof, and the annexing city or gown, by franchise, permit or public operation, shall not extend similar or competing services to the annexed territory except upon a proper showing of the inability or refusal of such person, firm or corporation to adequately service said annexed territory at a reasonable price: PROVIDED, That the provisions of this section shall not preclude the purchase by the annexing city or town of said franchise, business, or facilities at an agreed or negotiated price, or from acquiring the same by condemnation upon payment of damages, including a reasonable amount for the loss of the franchise or permit. In the event that any person, firm or corporation whose franchise or permit has been canceled by the terms of this section shall suffer any measurably: damages as a result of any annexation pursuant to the provisions of the laws above-mentioned, such person, firm or corporation shall have a right of action against artycity or town causing such damages. After an annexation by a city or town. the utilities and transportation commission shall continue to regulate solid waste collection within the limits of the annexed territory until such time as the city or town notifies the commission, in writing, of its p4e I of hitp:flww w.leg.%era.goo/RC. lindex.cfm?fusealcdon=sect ate &scction=35.13.x 80 I M/02 Chapter 35.13.280 RCW -Tie Washington State Legislature decision to contract for solid waste collection or provide solid waste collection itself pursuant to RCW 81.77.020. In the event the annexing city or town at any time decides to contract for solid waste collection or decides to undertake solid waste collection itself, the holder of any such franchise or permit that is so canceled in whole or in part shall be forthwith granted by the annexing city or town a franchise to continue such business within the annexed territory for a term of not less than the remaining term of the original franchise or permit, or not less than seven years, whichever is the shorter period, and the city or town, by franchise, permit, or public operation, shall not extend similar or competing services to the annexed territory except upon a proper showing of the inability or refusal of such person, firm, or corporation to adequately service the annexed territory at a reasonable price. Upon the effective date specified by the city or town council's ordinance or resolution to have the city or town contract for solid waste collection or undertake solid waste collection itself, the transition period specified in this section begins to run. This section does not preclude the purchase by the annexing city or town of the franchise, business, or facilities at an agreed or negotiated price, or from acquiring the same by condemnation upon payment of damages, including a reasonable amount for the loss of the franchise or permit. In the event that any person, firm, or corporation whose franchise or permit has been canceled by the terms of this section suffers any measurable damages as a result of any annexation pursuant to this chapter, such person, firm, or corporation has a right of action against any city or town causing such damages. [1997 c 171 § 2; 1994 c 81 § 15; 1983 c 3 § 54; 1985 c 7 § 35.13.280. Prior. 1957 c 282 § 1.[ NOTES; Severability -1997 c 171: See note following RCW 35.02.160. Page 2 of 2 http://www.leg.wa.gov/RCW/ind".cfm?fuwaction=section&section=35.13.280 12/9/02 Chapter 35.21.130 RCW - The Washington State Legislature Legislature Home AboutUs_ E=Mail Luis Search Kelp F~CW TITLES TITLE 35 CHAPTER 35.21 SECTION 35.21.130 Print Version 35.21.120 << 35.21.130 35.21,135 RCW 35.21.130 Solid waste or recyclable materials collection - Ordinance. A solid waste or recyclable materials collection ordinance may: (1) Require property owners and occupants of premises to use the solid waste collection and disposal system or recyclable materials collection and disposal system, and to dispose of their solid waste and recyclable materials as provided in the ordinance: PROVIDED, That a solid waste or recycling ordinance shall not require any retail enterprise engaged in the sale of consumer- packaged products to locate or place a public recycling collection site or buy-back center upon or within a certain distance of the retail establishment as a condition of engaging in the sale of consumer-packaged products; and (2) Fix charges for solid waste collection and disposal, recyclable materials collection and disposal, or both, and the manner and time of payment therefor including therein a provision that upon failure to pay the charges, the amount thereof shall become a lien against the property for which the solid waste or recyclable materials collection service is rendered. The ordinance may also provide penalties for its violation. [1989 c 431 § 51; 1965 c 7 § 35,21.130. Prior. 1943 c 270 § 1, part; Rem. Supp. 1943 § 9504-1, part.] NOTES: Severability -1989 c 431: See RCW 70.95.901. Page 1 of 1 http://www.leg.wa.gov/RCW/index.cfm?fuseae ion=section&secdon=35.21.130 12/9/02 Chapter 35.21.152 RCW - The Washington State Legislature Legislature Home About Us E-Mail List$ 5earr b HeIp R_CW Print Version TITLES TITLE 35 CHAPTER 35.21 SECTION 35.21.152 35.21.150 << 3521.152 35.21,154 RCW 35.21.152 Solid waste handling - Agreements - Purposes - Terms and conditions. A city or town may construct, lease, condemn, purchase, acquire, add to, alter, and extend systems, plants, sites, or other facilities for solid waste handling, and shall have full jurisdiction and authority to manage, regulate, maintain, utilize, operate, control, and establish the rates and charges for those solid waste handling systems, plants, sites, or other facilities owned or operated by the city or town. A city or town may enter into agreements with public or private parties to: (1) Construct, lease, purchase, acquire, manage, maintain, utilize, or operate publicly or privately owned or operated solid waste handling systems, plants, sites, or other facilities; (2) establish rates and charges for those systems. plants, sites, or other facilities, (3) designate particular publicly or privately owned or operated systems, plants, sites, or other facilities as disposal sites; and (4) sell the materials or products of those systems, plants, or other facilities. Any agreement entered into shall be for such term and under such conditions as may be determined by the legislative authority of the city or town. 11989 c 399 § 2; 1977 ex.s. c 164 § 1; 1975 1st ex.s. c 208 § 1.1 Legislature Home About Us E-Mail.Lists Search Help ROW Print Version TITLES TITLE 35 CHAPTER 35.21 SECTION 35.21.154 35,7-j-.152- << 35.21.154 35.21.156 RCW 35.21.154 Solid waste - Compliance with chapter 74.95 RCW required. Nothing in RCW 35.21.152 will relieve a city or town of its obligations to comply with the requirements of chapter 70.95 RCW. 11989 c 399 § 3; 1975 1st ex.s. c 208 § 3.1 Page 1 of I http://vwww.leg.wa.gov/RCW/index.cf n?fuseaction=section&section=35.21.152 12/9/02 Chapter 35.211.156 RCW - The Washington State Legislature Legislature Home About Us E-Mail_Lists Seared Help RCW TITLES TITLE 35 CHAPTER 35.21 SECTION 35.21.156 Prin"Ver-'$ivn 35.21_154_ << 35.21.156 35.21,157 RCW 35.21.156 Solid waste - Contracts with vendors for solid waste handling systems, plants, sites, or facilities - Requirements - Vendor selection procedures. (1) Notwithstanding the provisions of any city charter, or any law to the contrary, and in addition to any other authority provided by law, the legislative authority of a city or town may contract with one or more vendors for one or more of the design, construction, or operation of, or other service related to, the systems, plants, sites, or other facilities for solid waste handling in accordance with the procedures set forth in this section. Solid waste handling systems, plants, sites, or other facilities constructed, purchased, acquired, leased, added to, altered, extended, maintained, managed, utilized, or operated pursuant to this section. RCW 35.21.120 and 35.21.152, whether publicly or privately owned, shall be in substantial compliance with the solid waste management plan applicable to the city or town adopted pursuant to chapter 70.95 RCW. Agreements relating to such solid waste handling systems, plants, sites, or other facilities may be for such term and may contain such covenants, conditions, and remedies as the legislative authority of a city or town may deem necessary or appropriate. When a contract for design services is entered into separately from other services permitted under this section, procurement shall be in accordance with chapter 39.80 RCW. (2) If the legislative authority of the city or town decides to proceed with the consideration of qualifications or proposals for services from vendors, the city or town shall publish notice of its requirements and request submission of qualifications statements or proposals. The notice shall be published in the official newspaper of the city or town at least once a week for two weeks not less than sixty days before the final date for the submission of qualifications statements or proposals. The notice shall state in summary form (a) the general scope and nature of the design, construction, operation, or other service, (b) the name and address of a representative of the city or town who can provide further details, (c) the final date for the submission of qualifications statements or proposals, (d) an estimated schedule for the consideration of qualifications, the selection of vendors, and the Page I of 4 htip:/hvww.leg.wa.gov/RC Wrindex.cfm?fuseaction=secfion&section=35.21.156 1219/02 Chapter 35.21.156 RCW -'Me Washington State Legislature negotiation of a contract or contracts for services, (e) the location at which a copy of any request for qualifications or request for proposals will be made available, and (f) the criteria established by the legislative authority to select a vendor or vendors, which may include but shall not be limited to the vendor's prior experience, including design, construction, or operation of other similar facilities; respondent's management capability, schedule availability and financial resources; cost of the services, nature of facility design proposed by the vendor, system reliability; performance standards required for the facilities; compatibility with existing service facilities operated by the public body or other providers of service to the public; project performance guarantees; penalty and other enforcement provisions; environmental protection measures to be used; consistency with the applicable comprehensive solid waste management plan; and allocation of project risks. (3) If the legislative authority of the city or town decides to proceed with the consideration of qualifications or proposals, it may designate a representative to evaluate the vendors who submitted qualifications statements or proposals and conduct discussions regarding qualifications or proposals with one or more vendors. The legislative authority or representative may request submission of qualifications statements and may later request more detailed proposals from one or more vendors who have submitted qualifications statements, or may request detailed proposals without having first received and evaluated qualifications statements. The legislative authority or its representative shall evaluate the qualifications or proposals, as applicable. If two or more vendors submit qualifications or proposals that meet the criteria established by the legislative authority of the city or town, discussions and interviews shall be held with at least two vendors. Any revisions to a request for qualifications or request for proposals shall be made available to all vendors then under consideration by the city or town and shall be made available to any other person who has requested receipt of that information. (4) Based on criteria established by the legislative authority of the city or town, the representative shall recommend to the legislative authority a vendor or vendors that are initially determined to be the best qualified to provide one or more of the design, construction or operation of, or other service related to, the proposed project or services. The legislative authority may select one or more qualified vendors for one or more of the design, construction, or operation of, or other service related to, the proposed project or services. (5) The legislative authority or its representative may attempt to negotiate a contract with the vendor or vendors selected for one or more of the design, construction, or operation of, or other service Page 2 of 4 littp://www.leg.wa.govfRC W/indcx.efin?fuss:action=section&scct.ion=35.21.156 12/9/02 Chapter 35.21,156 RCS' -The Washington State Legislature related to, the proposed project or services on terms that the legislative authority determines to be fair and reasonable and in the best interest of the city or town. If the legislative authority or its representative is unable to negotiate such a contract with any one or more of the vendors first selected on terms that it determines to be fair and reasonable and in the best Interest of the city or town, negotiations with any one or more of the vendors shall be terminated or suspended and another qualified vendor or vendors may be selected in accordance with the procedures set forth in this section. If the legislative authority decides to continue the process of selection, negotiations shall continue with a qualified vendor or vendors in accordance with this section at tfre sole discretion of the legislative authority until an agreement is reached with one or more qualified vendors, or the process is terminated by the legislative authority. The process may be repeated until on agreement is reached. (6) Prior to entering into a contract with a vendor, the legislative ,authority of the city or town shall make written findings, after holding a pudic hearing on the proposal, that it is in the public interest to enter into the contract, that the contract is financially sound, and that it is. advantageous for the city or town to use this method for awarding contracts compared to other methods. (7) Each contract shall include a project performance bond or bonds or other security by the vendor that in the judgment of the legislative authorrty of the city or town is sufl~icient to secure adequate performance by the vendor. (8) The provisions of chapters 39-12, 39.19, and *39,25 RCW shall apply to a contract entered into under this section to the same extent a if the systems and plants were owned by a public body. (9) The vender selection. process permitted by this section shall be supplemental to and shall not be construed as a repeal of or limitation on any other authority granted by law. The alternative selection process provided by this section may not be used in the selection of a person or entity to construct a publicly owners facility for the storage or transfer of solid waste or solid waste dandling equipment unless the facility is either (a) privately operated pursuant to a contract greater than five years, or (b) an integral part of a solid waste processing facility located on the same site. Instead, the applicable provisions of RCW 35__22. 2O, and 35.23..352, and chapters 39.04 and 313.30 R ' shall be followed. 119$9 c 399 § 7-. 1966 c 282 § 17- Formers RCW 35 92-024 -1 Page 3 of4 littp.llw~-%v.leg.wa.govlRC' f ndex.cfm?fiL-;e;action=s ction&s tiara=35.21,15t} 12/9/0 Chapter 35.21.156 RCW - The Washington State Legislature NOTES: 'Revisers note: Chapter 39.25 RCW was repealed by 1994 c 138 § 2. Legislative findings - Construction -1986 c 282 17-20: "The legislature finds that the regulation, management, and disposal of solid waste through waste reduction, recycling, and the use of resource recovery facilities of the kind described in RCW 35.92.022 and 36.58.040 should be conducted in a manner substantially consistent with the priorities and policies of the solid waste management act, chapter 70.9 RCW. Nothing contained in sections 17 through 20 of this act shall detract from the powers, duties, and functions given to the utilities and transportation commission in chapter 81.77 RCW." [1986 c 282 § 16.] Uberal construction Supplemental powers -1986 c 282 16-20: "Sections 16 through 20 of this act, being necessary for the health and welfare of the state and its inhabitants, shall be liberally construed to effect its purposes. Sections 16 through 20 of this act shall be deemed to provide an altemative method for the performance of those subjects authorized by these sections and shall be regarded as supplemental and additional to powers conferred by the Washington state Constitution, other state laws, and the charter of any city or county." [1986 c 282 § 21.] Severability -1986 c 282: See RCW 82 18.900. Page 4 of 4 httpJ/www.icg.wa.gov/RC WTndex.cf n?fuscaction=section&sc ction=35.21.156 12/9/02 Chapter 35.92.020 RCW - The Washington State Legislature Legislature Home About U E-Mail Lists Search Help RCW Print Version TITLES TITLE 35 CHAPTER 35.92 SECTION 35.92.020 35.92.017 « 35.92.020 35.92.021 RCW 35.92.020 Authority to acquire and operate sewerage and solid waste handling systems, plants, sites, or facilities - Classification of services and facilities for rates - Assistance for low-income persons. A city or town may construct, condemn and purchase, purchase, acquire, add to, alter, maintain, and operate systems, plants, sites, or other facilities of sewerage as defined in RCW 35.67.0.10, or solid waste handling as defined by RCW 70.95430. and shall have full authority to manage, regulate, operate, control, and to fix the price of service and facilities of those systems, plants, sites, or other facilities within and without the limits of the city or town. The rates charged shall be uniform for the same class of customers or service and facilities. In classifying customers served or service and facilities furnished by a system or systems of sewerage, the legislative authority of the city or town may in its discretion consider any or all of the following factors: (1) The difference in cost of service and facilities to customers; (2) the location of customers within and without the city or town; (3) the difference in cost of maintenance, operation, repair, and replacement of the parts of the system; (4) the different character of the service and facilities furnished to customers; (5) the quantity and quality of the sewage delivered and the time of its delivery; (6) capital contributions made to the systems, plants, sites, or other facilities, including but not limited to, assessments; (7) the nonprofit public benefit status, as defined in RCW 24.03.490, of the land user, and (8) any other factors that present a reasonable difference as a ground for distinction. Rates or charges for on-site inspection and maintenance services may not be imposed under this chapter on the development, construction, or reconstruction of property. A city or town may provide assistance to aid low-income persons in connection with services provided under this chapter. Under this chapter, after July 1, 1998, any requirements for pumping the septic tank of an on-site sewage system should be based, among other things, on actual measurement of accumulation of sludge and scum by a trained inspector, trained owner's agent, or trained owner. Training must occur in a program Page 1 of 2 http://www.leg.wa.gov/RCW/index.cfm?f iseaction-section8,:section--35.92.020 12/9/02 Chapter 35.92.020 RCW - The Washington State Legislature approved by the state board of health or by a local health officer. Before adopting on-site inspection and maintenance utility services, or incorporating residences into an on-site inspection and maintenance or sewer utility under this chapter, notification must be provided, prior to the applicable public hearing, to all residences within the proposed service area that have on-site systems permitted by the local health officer. The notice must clearly state that the residence is within the proposed service area and must provide information on estimated rates or charges that may be imposed for the service. A city or town shall not provide on-site sewage system inspection, pumping services, or other maintenance or repair services under this section using city or town employees unless the on-site system is connected by a publicly owned collection system to the city or town's sewerage system, and the on-site system represents the first step in the sewage disposal process. Nothing in this section shall affect the authority of state or local health officers to carry out their responsibilities under any other applicable law. 11997 c 447 § 9; 1995 c 124 § 5; 1989 c 399 § 6. 1985 c 445 § 5; 1965 c 7 § 35.92.020. Prior: 1959 c 90 § 7; 1957 c 288 § 3; 1957 c 209 § 3; prior: 1947 c 214 § 1, part; 1933 c 163 § 1, part: 1931 c 53 § 1, part; 1923 c 173 § 1, part; 1913 c 45 § 1, part 1909 c 150 § 1, part; 1899 c 128 § 1, part 1897 c 112 § 1, part 1893 c 8 § 1, part; 1890 p 520 § 1, part Rem. Supp. 1947 § 9488, part Formerly RCW $0.40.024.) NOTES: Finding - Purpose -1997 c 447: See note following RCW M05,074. Pagc 2 of 2 httpl/www.leg.wa.gov/RCW/'index.cf n?tuseaction=section&section=35.92.020 12/9/02 Chapter 36.58.160 RCW -The Waslungton State Legislature Legislature Home Ab_out_us E-Mail Lists Search Help RCW TITLES TITLE 36 CHAPTER 36.58 SECTION 36.58.160 Print Ver~ior~ 36.58.150 << 36.58.160 End of chapter RCW 36.58.160 Collection and transportation of recyclable materials by recycling companies or nonprofit entities - Reuse or reclamation - Application of chapter. Nothing in this chapter shall prevent a recycling company or nonprofit entity from collecting and transporting recyclable materials from a buy-back center, drop-box, or from a commercial or industrial generator of recyclable materials, or upon agreement with a solid waste collection company. Nothing in this chapter shall be construed as prohibiting a commercial or industrial generator of commercial recyclable materials from selling, conveying, or arranging for transportation of such material to a recycler for reuse or reclamation. 11989 c 431 § 34.1 NOTES: Severability -1989 c 431: See RCW 70.95.901. Page 1 of 1 http://www.leg.wa.gov/RCW/index.cf n?fuseaction=sxfon&secfon=36.58.160 12/9/02 Chapter 70.95.020 RCW - The Washington State Legislature Legislature HQrrne About Us E-Mail I Lists Sea Help RCW QrIM version TITLES TITLE 70 CHAPTER 70.95 SECTION 70.95.020 70.95.010 << 70.95.020 70.95.030 RCW 70.95.020 Purpose. The purpose of this chapter is to establish a comprehensive statewide program for solid waste handling, and solid waste recovery and/or recycling which will prevent land, air, and water pollution and conserve the natural, economic, and energy resources of this state. To this end it is the purpose of this chapter. (1) To assign primary responsibility for adequate solid waste handling to local government, reserving to the state, however, those functions necessary to assure effective programs throughout the state; (2) To provide for adequate planning for solid waste handling by local government; (3) To provide for the adoption and enforcement of basic minimum performance standards for solid waste handling; (4) To encourage the development and operation of waste recycling facilities needed to accomplish the management priority of waste recycling, and to promote consistency in the requirements for such facilities throughout the state; (5) To provide technical and financial assistance to local governments in the planning, development, and conduct of solid waste handling programs; (6) To encourage storage, proper disposal, and recycling of discarded vehicle tires and to stimulate private recycling programs throughout the state; and (7) To encourage the development and operation of waste recycling facilities and activities needed to accomplish the management priority of waste recycling and to promote consistency in the permitting requirements for such facilities and activities throughout the state. It is the intent of the legislature that local governments be Page 1 of 2 http://www.leg.wa&gov/RC W/index.cfmTfuseactior =section&section=70.95.020 12/9/02 Chapter 70.95.020 RCW -'Che Washington State Legislature encouraged to use the expertise of private industry and to contract with private industry to the fullest extent possible to carry out solid waste recovery and/or recycling programs. 11998 c 156 § 1; 1998 c 90 § 1; 1985 c 345 § 2; 1975-76 2nd ex.s. c 41 § 2; 1969 ex.s. c 134 § 2.1 NOTES: Reviser's note: This section was amended by 1998 c 90 § 1 and by 1998 c 156 § 1, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Pagc 2 of 2 littp://www.leg.wa.gov/RCW/index.cfin?fuseaction=section&section=70.95.020 12/9102 Chapter 70.95.030 RCW - The Washington State Legislature Legislature Home About Us_ E-Mail Lists Search Help RCW Print TITLES TITLE 70 CHAPTER 70.95 SECTION 70.95.030 - Vg~ion 70.95.020 << 70.95.030 70.95.040 RCW 70.95.030 Definitions. As used in this chapter, unless the context indicates otherwise: (1) "City" means every incorporated city and town. (2) "Commission" means the utilities and transportation commission. (3) "Committee" means the state solid waste advisory committee. (4) "Composted material" means organic solid waste that has been subjected to controlled aerobic degradation at a solid waste facility in compliance with the requirements of this chapter. Natural decay of organic solid waste under uncontrolled conditions does not result in composted material. (5) "Department" means the department of ecology. (6) "Director" means the director of the department of ecology. (7) "Disposal site" means the location where any final treatment. utilization, processing. or deposit of solid waste occurs. (8) "Energy recovery" means a process operating under federal and state environmental laws and regulations for converting solid waste into usable energy and for reducing the volume of solid waste. (9) "Functional standards" means criteria for solid waste handling expressed in terms of expected performance or solid waste handling functions. (10) "Incineration" means a process of reducing the volume of solid waste operating under federal and state environmental laws and regulations by use of an enclosed device using controlled flame combustion. Page 1 of 4 httpJ/www.leg.wa.gov/RC W/index.cftn?fuseaction=section&section=70.95.030 12/9/02 Chapter 70.95.030 RCW - The Washington State Legislature (11) "Jurisdictional health department" means city, county, city- county, or district public health department. (12) "Landfill" means a disposal facility or part of a facility at which solid waste is placed in or on land and which is not a land treatment facility. (13) "Local government' means a city, town, or county. (14) "Modify" means to substantially change the design or operational plans including, but not limited to, removal of a design element previously set forth in a permit application or the addition of a disposal or processing activity that is not approved in the permit. (15) "Multiple family residence" means any structure housing two or more dwelling units. (16) "Person" means individual, firm, association, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever. (17) "Recyclable materials" means those solid wastes that are separated for recycling or reuse, such as papers, metals, and glass, 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 70.95.110(2), local governments may identify recyclable materials by ordinance from July 23, 1989. (18) "Recycling" means transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill disposal or incineration. (19) "Residence" means the regular dwelling place of an individual or individuals. (20) "Sewage sludge" means a semisolid substance consisting of settled sewage solids combined with varying amounts of water and dissolved materials, generated from a wastewater treatment system, that does not meet the requirements of chapter 70.95J RCW. (21) "Soil amendment" means any substance that is intended to improve the physical characteristics of the soil, except composted material, commercial fertilizers, agricultural liming agents, unmanipulated animal manures, unmanipulated vegetable manures, food wastes, food processing wastes, and materials Page 2 of 4 http:/hvvvw.leg.wa.govIRCW/index.cfni?fuseaction=section&SL-ction=70.95.030 12/9/02 Chapter 70.95.030 RCW • The Washington State Legislature exempted by rule of the department. such as biosolids as defined in chapter 70.95J RCW and wastewater as regulated in chapter 90.48 RCW. (22) "Solid waste" or "wastes" means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, demolition and construction wastes, abandoned vehicles or parts thereof, and recyclable materials. (23) "Solid waste handling" means the management, storage, collection, transportation, treatment, utilization, processing, and final disposal of solid wastes, including the recovery and recycling of materials from solid wastes, the recovery of energy resources from solid wastes or the conversion of the energy in solid wastes to more useful forms or combinations thereof. (24) "Source separation" means the separation of different kinds of solid waste at the place where the waste originates. (25) "Vehicle" includes every device physically capable of being moved upon a public or private highway, road, street, or watercourse and in, upon, or by which any person or property is or may be transported or drawn upon a public or private highway, road, street, or watercourse, except devices moved by human or animal power or used exclusively upon stationary rails or tracks. (26) "Waste-derived soil amendment" means any soil amendment as defined in this chapter that is derived from solid waste as defined in RCW 70,95,030, but does not include biosolids or biosolids products regulated under chapter 70.95J RCW or wastewaters regulated under chapter 90.48 RCW. (27) "Waste reduction" means reducing the amount or toxicity of waste generated or reusing materials. (28) "Yard debris" means 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, vegetable garden debris, holiday trees, and tree prunings four inches or less in diameter. 221989 c 431 § §2, 985 c 345 §3;1984 c 123 §2;1975-76 2nd 6ex.s. c 41 2§ 98 3§ 1970 ex.s. c 62 § 60; 1969 ex.s. c 134 § 3.1 NOTES: Intent 9998 c 36: See RCW 15.54.265. Page 3 of 4 http://www.leg.wa.gov/RCWrndex.cf n?fuseaction=secdon&section=70.95.030 1219/02 Chapter 70.95.030 RCW - The Washington State Legislature Short title -1998 c 36: See note following RCW 15.54.265. Finding -1991 c 298: "The legislature finds that curbside recycling services should be provided in multiple family residences. The county and city comprehensive solid waste management plans should include provisions for such service." [1991 c 298 § 1.] Solid waste disposal Powers and duties of state board of health as to environmental contaminants: RCW 43.20 050. Page 4 of 4 littp://www.leg.wa.gov/RC Wrindex.cfm?fuseaction=section&section=70.95.030 12/9/02 Chapter 70.95.080 RCW - The Washington State Legislature Legislature_ Home About Us E-Mail Lists Search Help RCW Print Version TITLES TITLE 70 CHAPTER 70.95 SECTION 70.95.080 70.95.075 << 70.95.080 70.95.090 RCW 70.95.080 County comprehensive solid waste management plan - Joint plans - Duties of cities. Each county within the state, in cooperation with the various cities located within such county, shall prepare a coordinated, comprehensive solid waste management plan. Such plan may cover two or more counties. Each city shall: (1) Prepare and deliver to the county auditor of the county in which it is located its plan for its own solid waste management for integration into the comprehensive county plan; or (2) Enter into an agreement with the county pursuant to which the city shall participate in preparing a joint city-county plan for solid waste management; or (3) Authorize the county to prepare a plan for the city's solid waste management for inclusion in the comprehensive county plan. Two or more cities may prepare a plan for inclusion in the county plan. With prior notification of its home county of its intent, a city in one county may enter into an agreement with a city in an adjoining county, or with an adjoining county, or both, to prepare a joint plan for solid waste management to become part of the comprehensive plan of both counties. After consultation with representatives of the cities and counties, the department shall establish a schedule for the development of the comprehensive plans for solid waste management. In preparing such a schedule, the department shall take into account the probable cost of such plans to the cities and counties. Local governments shall not be required to include a hazardous waste element in their solid waste management plans. Page 1 of 2 http://www.leg.wa.gov/RCWrindex.cfm?fuseaction=section&section=70.95.080 1219/02 Chapter 70.95.080 RC W • The Washington State Legislature [1985 c 448 § 17; 1969 ex.s. c 134 § 8.] NOTES: Severabiliity -1985 c 448: See note following RCW 70,105.005. Pagc 2 of 2 http://www.leg.wa_gov/ItC W/indcx.cf n?fuseaction=section&section -70.95.080 12/9/02 Chapter 70.95.090 RCW - The Washington State Legislature TITLES TITLE 70 CHAPTER 70.95 SECTION 70.95.090 Print Version 70.95.080 << 70.95.090 70.95.092 RCW 70.95.090 County and city comprehensive solid waste management plans - Contents. Each county and city comprehensive solid waste management plan shall include the following: (1) 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. (2) The estimated long-range needs for solid waste handling facilities projected twenty years into the future. (3) A program for the orderly development of solid waste handling facilities in a manner consistent with the plans for the entire county which shall: (a) Meet the minimum functional standards for solid waste 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. (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 http://www.leg.wa.gov/RCW/index.cfm'?fuseaction=smf on&section=70.95.090 Page I of 3 12/9102 Legislature Home About Us E-Mail Lists Search Help RCW Chapter 70..95.090 RC - The Washington State Legislature utilities and transportation commission 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. (6) A comprehensive waste reduction and recycling element that, in accordance with the priorities established in ROW 70. 5,010, provides programs 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. (7) The waste reduction and recycling element shall include the following: (a) Waste reduction strategies; (b) Source separation strategies. including: (i) Programs for the colleetaon of source separated materials from residences in urban and rural areas. In urban areas, these programs shah 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 cast 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-hack centers, or a combination of both, at each stolid 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, nonprofrt, 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; Page 2 of 3 http://lb,ww.leg.wa.govi,RC Nlindex,cfni?tu.sea_cttlon° e.tioII&sectioti=70. 5.O90 1219102 Chapter 70.95.092 RCW -The Washington State Lcgislature Legisla ure Home About Us E-Mail Lists Search Help RCW prir4 version TITLES TITLE 70 CHAPTER 70.95 SECTION 70.95.092 - 70.95.090 << 70.95.092 70 _95.094 RCW 70.95.092 County and city comprehensive solid waste management plans - Levels of service, reduction and recycling. Levels of service shall be defined in the waste reduction and recycling element of each local comprehensive solid waste management plan and shall include the services set forth in RCW 70.95.090. In determining which service level is provided to residential and nonresidential waste generators in each community, counties and cities shall develop dear criteria for designating areas as urban or rural. In designating urban areas, local governments shall consider the planning guidelines adopted by the department, total population, population density, and any applicable land use or utility service plans. [1989 c 431 § 4.1 Wyislature HOMO About Us EW6il Lists Search Help RCW Print Version TITLES TITLE 70 CHAPTER 70.95 SECTION 70.95.096 70.95.094 << 70.95.096 70.95. 100 RCW 70.95.096 Utilities and transportation commission to review local plan's assessment of cost impacts on rates. Upon receipt, the department shall immediately provide the utilities and transportation commission with a copy of each preliminary draft local comprehensive solid waste management plan. Within forty-five days after receiving a plan, the commission shall have reviewed the plan's assessment of solid waste collection cost impacts on rates charged by solid waste collection companies regulated under chapter 81.77 RCW and shall advise the county or city submitting the plan and the department of the probable effect of the plan's recommendations on those rates. Page 1 of 1 (1969 c 431 § 12.1 Chapter 70.95.090 RCW - nc Washington Statc Legislature (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 determines is necessary. (8) An assessment of the plan's impact on the costs of solid waste collection. The assessment shall be prepared in conformance with guidelines established by the utifities and transportation commission. 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 70.95.16. 11991 c 298 § 3; 1989 c 431 § 3; 1984 c 123 § 5; 1971 ex.s. c 293 § 1; 1969 ex.s. c 134 § 9.1 NOTES: Finding -1991 c 298: See note following RCW 7 .95 Certain provisions not to detract from utilities and transportation commission powers, duties, and functions: RCW 80.01.3QQ. Page 3 of 3 http://www.leg.wa.govfRCW/index.cfm?fuseaction=.wction&section=70.95.090 12/9/02 Chapter /U.9I .U94 K(-: W - L tie Washington State Legislature RCw Print der TITLES TITLE 70 CHAPTER 70,95 SECTION 70.95.094 - 70.9.5.092 << 70.95.094 70.95.096 RCW 70.95.094 County and city comprehensive solid waste management plans - Review and approval process. (1) The department and local governments preparing plans are encouraged to work cooperatively during plan development. Each county and city preparing a comprehensive solid waste management plan shall submit a preliminary draft plan to the department for technical review. The department shall review and comment on the draft plan within one hundred twenty days of receipt The department's comments shall state specific actions or revisions that must be completed for plan approval. (2) Each final draft solid waste management plan shall be submitted to the department for approval. The department will limit its comments on the final draft plans to those issues identified during its review of the draft plan and any other changes made between submittal of the preliminary draft and final draft plans. Disapproval of the local comprehensive solid waste management plan shall be supported by speck findings. A final draft plan shall be deemed approved if the department does not disapprove it within forty-five days of receipt. (3) If the department disapproves a plan or any plan amendments, the submitting entity may appeal the decision under the procedures of Part IV of chapter 34.05 RCW. An administrative law judge shall preside over the appeal. The appeal shall be limited to review of the specific findings which supported the disapproval under subsection (2) of this section. (1989 c 431 § 8.1 Yage I of 1 http://www.leg.wa.gov/RCW/'index.cfm?fuseaction=soction&section=70.95.094 1219/02 Legislature Home About Us E-Mail Liss earcc Help C'hapter'/0.95.1'10 KUW -'1 he Washington State Legislature Page I of 1 Le is re Home AbqutUs E-Mail Lists Search I RCW Pn~ Version TITLES TITLE 70 CHAPTER 70.95» SECTION 70.95.170- 70.95.167 << 70.95.170 70.95180 RCW 70.95.170 Permit for solid waste handling facility - Required. Except as provided otherwise in RCW 70.95.305 or 0.95.310, after approval of the comprehensive solid waste plan by the department no solid waste handling facility or facilities shall be maintained, established, or modified until the county, city, or other person operating such site has obtained a permit pursuant to RCW 70.95.180 or 70.95.190. I1998c156§3; 1997c213§2; 1969 exs. c 134 § 17.1 http://www.leg.wa.gov/RCW/index.cfni?fuseacfon=sectioii ,:section=70.95.170 12/9/02 Chapter 70.95.130 RCW - The Washington State Legislature Legislature Home About Us E-MaiLLists Search Help RC_W Print Version TITLES TITLE 70 CHAPTER 70.95 SECTION 70.95.130 70.95.110 << 70.95.130 70.95.140 RCW 70.95.130 Financial aid to counties and cities. Any county may apply to the department on a form prescribed thereby for financial aid for the preparation of the comprehensive county plan for solid waste management required by RCW 70.95.080. Any city electing to prepare an independent city plan, a joint city plan, or a joint county-city plan for solid waste management for inclusion in the county comprehensive plan may apply for financial aid for such purpose through the county. Every city application for financial aid for planning shall be filed with the county auditor and shall be included as a part of the county's application for financial aid. Any city preparing an independent plan shall provide for disposal sites wholly within its jurisdiction. The department shall allocate to the counties and cities applying for financial aid for planning, such funds as may be available pursuant to legislative appropriations or from any federal grants for such purpose. The department shall determine priorities and allocate available funds among the counties and cities applying for aid according to criteria established by regulations of the department considering population, urban development, environmental effects of waste disposal, existing waste handling practices, and the local justification of their proposed expenditures. (1969 ex.s. c 134 § 13.1 Page 1 of 1 http://%vww.leg.wa.gov/RCW/index.cf n?fuseaction=smtion&section=70.95.130 12/9/02 Chapter 70.95.160 RCW - The Washington State Legislature Legislature Home About Us E-Mail Lists Search Help RCW TITLES TITLE 70 CHAPTER 70.95 SECTION 70.95.160 Print Version 70.95.150 << 70.95.160 70.95.163 RCW 70.95.160 Local board of health regulations to implement the comprehensive plan - Section not to be construed to authorize counties to operate system. Each county, or any city, or jurisdictional board of health shall adopt regulations or ordinances governing solid waste handling implementing the comprehensive solid waste management plan covering storage, collection, transportation, treatment, utilization, processing and final disposal including but not limited to the issuance of permits and the establishment of minimum levels and types of service for any aspect of solid waste handling. County regulations or ordinances adopted regarding levels and types of service shall not apply within the limits of any city where the city has by local ordinance determined that the county shall not exercise such powers within the corporate limits of the city. Such regulations or ordinances shall assure that solid waste storage and disposal facilities are located, maintained, and operated in a manner so as property to protect the public health, prevent air and water pollution, are consistent with the priorities established in RCW 70_95.010, and avoid the creation of nuisances. Such regulations or ordinances may be more stringent than the minimum functional standards adopted by the department. Regulations or ordinances adopted by counties, cities, or jurisdictional boards of health shall be filed with the department. Nothing in this section shall be construed to authorize the operation of a solid waste collection system by counties. 11989 c 431 § 10; 1988 c 127 § 29; 1969 ex.s. C 134 § 16.1 Page 1 of I httpJ/www.leg.wa.gov/RCW[index.cfm?fuseaclion=seclion&section=70.95.160 12/9/02 Chapter 70.95.165 RCW - The Washington State Legislature Legislature Home About Us E-Mail Usts Search Help RCW Print Version TITLES TITLE 70 CHAPTER 70.95 SECTION 70.95.165 70.95.163 << 70.95.165 70.95.167 RCW 70.95.165 Solid waste disposal facility siting - Site review - Local solid waste advisory committees - Membership. (1) Each county or city siting a solid waste disposal facility shall review each potential site for conformance with the standards as set by the department for: (a) Geology; (b) Ground water, (c) Soil; (d) Flooding; (e) Surface water, (f) Slope; (g) Cover material; (h) Capacity; (i) Climatic factors; 6) Land use; (k) Toxic air emissions; and (1) Other factors as determined by the department. (2) The standards in subsection (1) of this section shall be designed to use the best available technology to protect the environment and human health, and shall be revised periodically to reflect new technology and information. (3) Each county shall establish a local solid waste advisory committee to assist in the development of programs and policies concerning solid waste handling and disposal and to review and Page l of 2 http:/hvww.leg.wa.gov/RCW/index.cf n?fuseaction=sc ction&section=70.95.165 12/9/02 Chapter 70.95.165 RCW - The Washington State Legislature comment upon proposed rules, policies, or ordinances prior to their adoption. Such committees shall consist of a minimum of nine members and shall represent a balance of interests including, but not limited to, citizens, public interest groups, business, the waste management industry, and local elected public officials. The members shall be appointed by the county legislative authority. A county or city shall not apply for funds from the state and local improvements revolving account, Waste Disposal Facilities, 1980, under chapter 43.99F RCW, for the preparation, update, or major amendment of a comprehensive solid waste management plan unless the plan or revision has been prepared with the active assistance and participation of a local solid waste advisory committee. [1989 c 431 § 11; 1984 c 123 § 4.1 Legisi, ture Home About Us E_Mail Lists Search lp R_CW Pant ver~iora TITLES TITLE 70 CHAPTER 70.95 SECTION 70.95.170 70.95.167 << 70.95.170 70.95.180 RCW 70.95.170 Permit for solid waste handling facility - Required. Except as provided otherwise in RCW 70.95.305 or 70.95.310. after approval of the comprehensive solid waste plan by the department no solid waste handling facility or facilities shall be maintained, established, or modified until the county, city, or other person operating such site has obtained a permit pursuant to RCW 7Q 95.180 or MOAN. 11998 c 156 § 3,-1997 c 213 § 2; 1969 ex.s. c 134 § 17.) Page 2 of 2 http://www.leg.wa.gov/RC W/index.cfm?fuseaction=section&section=70.95.165 12/9/02 Chapter 70.95.167 RCW -The Washington State Legislature Legislature Home About Us E-Mail _Lists Search f-leip RCW Print yetsipr! TITLES TITLE 70 CHAPTER 70.95 SECTION 70.95.167 70.95.165 << 70.95.167 70.95.170 RCW 70.95.167 Private businesses involvement in source separated materials - Local solid waste advisory committee to examine. (1) Each local solid waste advisory committee shall conduct one or more meetings for the purpose of determining how local private recycling and solid waste collection businesses may participate in the development and implementation of programs to collect source separated materials from residences, and to process and market materials collected for recycling. The meetings shall include local private recycling businesses, private solid waste collection companies operating within the jurisdiction, and the local solid waste planning agencies. The meetings shall be held during the development of the waste reduction and recycling element or no later than one year prior to the date that a jurisdiction is required [to] submit the element under RCW 70.95.110(2). (2) The meeting requirement under subsection (1) of this section shall apply whenever a city or county develops or amends the waste reduction and recycling element required under this chapter. Jurisdictions having approved waste reduction and recycling elements or having initiated a process for the selection of a service provider as of May 21, 1991, do not have to comply with the requirements of subsection (1) of this section until the next revisions to the waste reduction and recycling element are made or required. (3) After the waste reduction and recycling element is approved by the local legislative authority but before it is submitted to the department for approval, the local solid waste advisory committee shall hold at least one additional meeting to review the element. (4) For the purpose of this section, "private recycling business" means any private for-profit or private not-for-profit business that engages in the processing and marketing of recyclable materials. 11991 c319§402.1 NOTES: Page 1 of 2 http://www.leg.wa.gov/RCW/index.c&n?fuseacfon=section&secfon=70.95.167 12/9/02 Chapter 70.95. 180 RCW -The Washington State Legislature Legislature Home About Us E-Mail Lists Search Relp RCW Print Version TITLES TITLE 70 CHAPTER 70.95 SECTION 70.95.180 70.95.170 « 70.95.180 70.95185 RCW 70.95.180 Permit for solid waste handling facility - Applications, fee. (1) Applications for permits to operate a new or modified solid waste handling facility shall be on forms prescribed by the department and shall contain a description of the proposed facilities and operations at the site, plans and specifications for any new or additional facilities to be constructed, and such other information as the jurisdictional health department may deem necessary in order to determine whether the site and solid waste disposal facilities located thereon will comply with local and state regulations. (2) Upon receipt of an application for a permit to establish or modify a solid waste handling facility, the jurisdictional health department shall refer one copy of the application to the department which shall report its findings to the jurisdictional health department. (3) The jurisdictional health department shall investigate every application as may be necessary to determine whether a proposed or modified site and facilities meet all solid waste, air, and other applicable laws and regulations, and conforms with the approved comprehensive solid waste handling plan, and complies with all zoning requirements. (4) When the jurisdictional health department finds that the permit should be issued, it shall issue such permit. Every application shall be approved or disapproved within ninety days after its receipt by the jurisdictional health department. (5) The jurisdictional board of health may establish reasonable fees for permits and renewal of permits. All permit fees collected by the health department shall be deposited in the treasury and to the account from which the health department's operating expenses are paid. [1997 c 213 § 3; 1988 c 127 § 30, 1969 ex.s. c 134 § 18.1 Page 1 of 1 http:/hvww.leg.wa.gov/RCW/index.cfm'?fuseaction=section&section=70.95. l 80 1219/02 Chapter 70.95.240 RCW - The Washington State Legislature Legislature Home About Us E-Mail Lists Search Help RCW Print Vey TITLES TITLE 70 CHAPTER 70.95 SECTION 70.95.240 --W 70.95.235 << 70.95.240 70.95.250 RCW 70.95.240 Unlawful to dump or deposit solid waste wMout permit - Penalties Litter cleanup restitution payment (1) After the adoption of regulations or ordinances by any county, city, or jurisdictional board of health providing for the issuance of permits as provided in RCW 70.95.160, it shall be unlawful for any person to dump or deposit or permit the dumping or depositing of any solid waste onto or under the surface of the ground or into the waters of this state except at a solid waste disposal site for which there is a valid permit. This section does not: (a) Prohibit a person from dumping or depositing solid waste resulting from his or her own activities onto or under the surface of ground owned or leased by him or her when such action does not violate statutes or ordinances, or create a nuisance; (b) Apply to a person using a waste-derived soil amendment that has been approved by the department under RCW 70.95.20r-; or (c) Apply to the application of commercial fertilizer that has been registered with the department of agriculture as provided in RCW 15.54.325, and that is applied in accordance with the standards established in RCW 15.54.800(3). (2)(a) It is a class 3 civil infraction as defined in RCW 7.80.120 for a person to litter in an amount less than or equal to one cubic foot. (b) It is a misdemeanor for a person to litter in an amount greater than one cubic foot but less than one cubic yard. The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or fifty dollars per cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the jurisdictional health department investigating the incident. The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property, with prior permission of the legal Pagel of2 http://www.leg.wa.gov/RC W/index.cfm?fuseacfon=section&section=70.95.240 12/9/02 Chapter 70.95-240 RCW - The Washington State Legislature owner or, in the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section, if the person cleans up and property disposes of the litter. (c) It is a gross misdemeanor for a person to litter in an amount of one cubic yard or more. The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or one hundred dollars per cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the jurisdictional health department investigating the incident. The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section, if the person cleans up and properly disposes of the litter. (d) If a junk vehicle is abandoned in violation of this chapter, RCW 46.55.230 governs the vehicle's removal, disposal, and sale, and the penalties that may be imposed against the person who abandoned the vehicle. [2001 c 139 § 2; 2000 c 154 § 3; 1998 c 36 § 19; 1997 c 427 § 4; 1993 c 292 § 3; 1969 ex. s. c 134 § 24.1 NOTES: Severability - 2000 c 154: See note following RCW 70.93.030. Intent -1998 c 36: See RCW 15.54.265. Short title -1998 c 36: See note following RCW 1.265. Page 2 of 2 http://www.lcg.wa.gov/RCW/index.cfm?f iseaction=section&section=70.95.240 12/9/02 rage IUL I RCW 81.77.010 Definitions. As used in this chapter. (1) "Motor vehicle" means any truck, trailer, semitrailer, tractor or any self-propelled or motor driven vehicle used upon any public highway of this state for the purpose of transporting solid waste, for the collection and/or disposal thereof; (2) "Public highway" means every street, road, or highway in this state; (3) "Common carver" means any person who undertakes to transport solid waste, for the collection and/or disposal thereof, by motor vehicle for compensation, whether over regular or irregular routes, or regular or irregular schedules; (4) "Contract carrier" means all garbage and refuse transporters not included under the terms "common carrier" and "private carrier," as herein defined, and further, shall include any person who under special and individual contracts or agreements transports solid waste by motor vehicle for compensation; (5) "Private carrier" means a person who, in his own vehicle, transports solid waste purely as an incidental adjunct to some other established private business owned or operated by him in good faith: PROVIDED, That a person who transports solid waste from residential sources in a vehicle designed or used primarily for the transport of solid waste shall not constitute a private carrier, (6) "Vehicle" means every device capable of being moved upon a public highway and in, upon, or by which any solid waste is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rail or tracks; (7) "Solid waste collection company" means every person or his lessees, receivers, or trustees, owning, controlling, operating or managing vehicles used in the business of transporting solid waste for collection and/or disposal for compensation, except septic tank pumpers, over any public highway in this state whether as a "common carrier" thereof or as a "contract carrier" thereof; (8) Solid waste collection does not include collecting or transporting recyclable materials from a drop-box or recycling buy-back center, nor collecting or transporting recyclable materials by or on behalf of a commercial or industrial generator of recyclable materials to a recycler for use or reclamation. Transportation of these materials is regulated under chapter 81.80 RCW; and (9) "Solid waste" means the same as defined under RCW 70.95.03 , except for the purposes of this chapter solid waste does not include recyclable materials except for source separated recyclable materials collected from residences. (1989 c 431 § 17; 1961 c 295 § 2.J him•/le"rrh lnvwa vnv/wcimw/RrWO/,?0%20.../RrW%70%2091%20.%7_(177%20.01O.ht 7/15/2002 Chaptcr 81.77.020 RCW - 7'he Washington State Legislature TITLES TITLE 81 CHAPTER 8177 SECTION 81.77.020 Print Version 81.77.0'15 << 8177.020 81.77.0201 RCW 81.77.020 Compliance with chapter required - Exemption for cities. No person, his lessees, receivers, or trustees, shall engage in the business of operating as a solid waste collection company in this state, except in accordance with the provisions of this chapter: PROVIDED. That the provisions of this chapter shall not apply to the operations of any solid waste collection company under a contract of solid waste disposal with any city or town, nor to any city or town which itself undertakes the disposal of solid waste. [1989 c 431 § 18; 1961 c 295 § 3.1 httpl/www.leg.wa.gov/RC W/index.cfm?fuseactiorr=section&sect:ion=81.77.020 Page 1 of 1 12/9/02 Leg'sl~ ature Home About Us E-Mail Lists Sea.r-Qh Help 0 vu Page t of t RCW 81.77.030 Supervision and regulation by commission. The commission shall supervise and regulate every solid waste collection company in this state, (1) By fixing and altering its rates, charges, classifications, rules and regulations; (2) By regulating the accounts, service, and safety of operations; (3) By requiring the filing of annual and other reports and data; (4) By supervising and regulating such persons or companies in all other matters affecting the relationship between them and the public which they serve; (5) By requiring compliance with local solid waste management plans and related implementation ordinances; (6) By requiring certificate holders under chapter 81.77 RCW to use rate structures and billing systems consistent with the solid waste management priorities set forth under RCW 70.95.010 and the minimum levels of solid waste collection and recycling services pursuant to local comprehensive solid waste management plans. The commission may order consolidated billing and provide for reasonable and necessary expenses to be paid to the administering company if more than one certificate is granted in an area. The commission, on complaint made on its own motion or by an aggrieved party, at any time, after the holding of a hearing of which the holder of any certificate has had notice and an opportunity to be heard, and at which it shall be proven that the holder has wilfully violated or refused to observe any of the commission's orders, rules, or regulations, or has failed to operate as a solid waste collection company for a period of at least one year preceding the filing of the complaint, may suspend, revoke, alter, or amend any certificate issued under the provisions of this chapter. (1989 c 431 § 20; 1987 c 239 § 1; 1965 ".s. c 105 § 1; 1961 c 295 § 4.j h~tn J/cwo►rh lnnwa on~thsrcirr~trmrw~~~noi~?(1 /R(Y o/„7no/.7nR1°G.7O P/`n7n77*/"?00wO ht 7/15/7(h)? Chapter 81.77.040 RCW - The Washington State Legislature Legislature Home About Us E-Mail Lists Search Help RCW Print version TITLES TITLE 81 CHAPTER 81.77 SECTION 81.77.040 81.77 030 << 8177.040 81.77.050 RCW 81.77.040 Certificate of convenience and necessity required - Procedure when applicant requests certificate for existing service area. No solid waste collection company shall hereafter operate for the hauling of solid waste for compensation without first having obtained from the commission a certificate declaring that public convenience and necessity require such operation. A condition of operating a solid waste company in the unincorporated areas of a county shall be complying with the solid waste management plan prepared under chapter 70.95 RCW applicable in the company's franchise area. Issuance of the certificate of necessity shall be determined upon, but not limited to, the following factors: The present service and the cost thereof for the contemplated area to be served; an estimate of the cost of the facilities to be utilized in the plant for solid waste collection and disposal, sworn to before a notary public; a statement of the assets on hand of the person, firm, association or corporation which will be expended on the purported plant for solid waste collection and disposal, sworn to before a notary public; a statement of prior experience, if any, in such field by the petitioner, sworn to before a notary public; and sentiment in the community contemplated to be served as to the necessity for such a service. Except as provided in 'RCW 81.77.150, when an applicant requests a certificate to operate in a territory already served by a certificate holder under this chapter, the commission may, after hearing, issue the certificate only if the existing solid waste collection company or companies serving the territory will not provide service to the satisfaction of the commission. In all other cases, the commission may, with or without hearing, issue certificates, or for good cause shown refuse to issue them, or issue them for the partial exercise only of the privilege sought, and may attach to the exercise of the rights granted such terms and conditions as, in its judgment, the public convenience and necessity may require. Page 1 of 2 http://www.leg.wa.gov/RC W/index.cfm?fuseaction=section&section=81.77.040 12/9/02 Chapter 81.77.040 RCW - The Washington State Legislature Any right, privilege, certificate held, owned, or obtained by a solid waste collection company may be sold, assigned, leased, transferred, or inherited as other property, but only upon authorization by the commission. Any solid waste collection company which upon July 1, 1961 is operating under authority of a common carrier or contract carrier permit issued under the provisions of chapter 81.80 RCW shall be granted a certificate of necessity without hearing upon compliance with the provisions of this chapter. Such solid waste collection company which has paid the plate fee and gross weight fees required by chapter 81._80 RCW for the year 1961 shall not be required to pay additional like fees under the provisions of this chapter for the remainder of such year. For purposes of issuing certificates under this chapter, the commission may adopt categories of solid wastes as follows: Garbage, refuse, recyclable materials, and demolition debris. A certificate may be issued for one or more categories of solid waste. Certificates issued on or before July 23, 1989, shall not be expanded or restricted by operation of this chapter. (1989 c 431 § 21; 1987 c 239 § 2; 1961 c 295 § 5.1 NOTES: *Reviser's note: RCW 81.77.150 expired June 30, 1991. Page 2 of 2 http://www.leg.wa.gov/RCW/index.cfm?fuseaction=scction&section=81.77.040 12/9/02 Chapter 81.77.120 RCW - The Washington State Legislature Legislature Home About Us_ E-Mail Lists Search F RCW TITLES TITLE 81 CHAPTER 81.77 SECTION 81.77.120 Pnrtt V OA 81.77.110 << 81.77.120 81:77.130 RCW 81.77.120 Service to unincorporated areas of counties. A county legislative authority shall periodically comment to the commission in writing concerning the authority's perception of the adequacy of service being provided by regulated franchisees serving the unincorporated areas of the county. The county legislative authority shall also receive and forward to the commission all letters of comment on services provided by regulated franchise holder(s) serving unincorporated areas of the county. Any such written comments or letters shall become part of the record of any rate, compliance, or any other hearing held by the commission on the issuance, revocation, or reissuance of a certificate provided for in RCW 81.77.040. 11987 c 239 § 3.1 Legislature Home About Us_ E-Mail Lists Search Help RCW TITLES TITLE 81 CHAPTER 81.77 SECTION 81.77.130 Print version 81.77.120 << 81.77.130 81.77.140 RCW 81.77.130 Application of chapter to collection or transportation of source separated recyclable materials. The provisions of chapter 81.77 RCW shall not apply to the collection or transportation of source separated recyclable materials from residences under a contract with any county, city, or town, nor to any city or town which itself undertakes the collection and transportation of source separated recyclable materials from residences. [1989 c 431 § 19.1 Page 1 of 1 httpJ/www.leg.wa_gov/RCW/index.cfin?fuseaction=section&section=81.77.120 1219/02 Chapter 81.77.140 RCW - The Washington State Legislature Legislature Home About Us E-Mail Lis arch Help RAW TITLES TITLE 81 CHAPTER 81.77 SECTION 81.77.140 Pent Version 81.77.130 << 81.77.140 81.77.160 RCW 81.77.140 Application of chapter - Collection and transportation of recyclable materials by recycling companies or nonprofit entities Reuse or reclamation. Nothing in this chapter shall prevent a recycling company or nonprofit entity from collecting and transporting recyclable materials from a buy-back center, drop-box, or from a commercial or industrial generator of recyclable materials, or upon agreement with a solid waste collection company. Nothing in this chapter shall be construed as prohibiting a commercial or industrial generator of commercial recyclable materials from selling, conveying, or arranging for transportation of such material to a recycler for reuse or reclamation. 11989 c 431 § 31.1 Page 1 of I htt:pJ/www.leg.wa.gov/RCW/index.cfm?fuseaction=se:ction&st-c ion=81.77.140 12/9102 Chapter 173-304-010 WAC -17ic Washington State L.cgislature TITLES WAC 173_TITLE _ WAC 173_-304 CHA PTER Print Version Beginning of chapter << 173-304-010 _173-304-011 WAC 173-304-010 Authority and purpose. This regulation is promulgated under the authority of chapter 70.95 RCW to protect public health, to prevent land, air, and water pollution, and conserve the state's natural, economic, and energy resources by. (1) Setting minimum functional performance standards for the proper handling of all solid waste materials originating from residences, commercial, agricultural and industrial operations and other sources; (2) Identifying those functions necessary to assure effective solid waste handling programs at both the state and local level; (3) Following the direction set by the legislature for the management of solid waste in order of descending priority as applicable: (a) Waste reduction; (b) Waste recycling; (c) Energy recovery or incineration; (d) Landfill. (4) Describing the responsibility of persons, municipalities, regional agencies, state and local government under existing laws and regulations related to solid waste; (5) Requiring use of the best available technology for siting, and all known available and reasonable methods for designing, constructing, operating and closing solid waste handling facilities; and (6) Establishing these standards as minimum standards for solid waste handling to provide a statewide consistency and expectation as to the level at which solid waste is managed throughout the state. Local ordinances setting standards for solid waste handling shall not be less stringent than these minimum standards, and shall be adopted not later than one year after the effective date of this regulation. Local ordinances need not adopt WAC 173-304-01,1., County planning requirements, but shall otherwise comply with the requirements of WAC 173-304-011. Solid waste regulations or ordinances adopted by counties, cities, or jurisdictional boards of health shall be filed with the department ninety days following adoption. [Statutory Authority. Chapter 43.21 A RCW. 85-22-013 (Order 85-18), § 173-304- 010, filed 10128/85.1 Page 1 of 1 http://www.leg.wa.gov/wac/index.cfm?fuxacfion-Section&cSection=173-304-010 12/9/02 Legislature Home About Us_ E-Mail Lists Search Help Chapter 173-304011 WAC - The Washington State Legislature Page I of 2 TITLES WAC 173 TITLE WAC 173 -304 ftIltVet3liQn CHAPTER 173-304-010 << 173-304-011 173-304012 WAC 173-304-011 County planning requirements. The concept of "solid waste management" includes in addition to proper storage, collection, and disposal of discards, other management functions or operational activities including waste reduction, source separation, waste recycling, transportation, processing, treatment, resource recovery, energy recovery, incineration, and landfilling. Under the State Solid Waste Management Act, chapter 79,.95 RCW, primary responsibility for managing solid waste is assigned to local government (RCW 70.95.020). The state, however, is responsible for assuring that effective local programs are established throughout Washington state. Therefore, state and local solid waste planning for the aforementioned activities is an essential part of proper solid waste management. (1) State responsibility. As described in RCW 70.95.260, the department shall coordinate the development of a state solid waste management plan in cooperation with local government, the department of community development, and other appropriate state and regional agencies. The state plan shall be reviewed at two-year intervals, revised as necessary, and extended so that the plan shall look to the future for twenty years as a guide in carrying out a coordinated state solid waste management program. (2) Local government responsibility. 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. Each local plan shall be prepared in accordance with RCW 70.95.080, 70.95.090, 70.95,100, and 7Q.95.110. Additionally, the department has available "Guidelines for the development of local or regional solid waste management plans and plan revisions" to be followed by local government. RCW 70.95.165 also requires counties to establish a local solid waste advisory committee to assist in the development of programs and policies concerning solid waste handling and disposal and to review and comment upon proposed rules, policies, or ordinances prior to their adoption. hup://www.leg.wa.gov/was/index.cfni?fuseaction=Section&Section=173-304-011 12/9/02 Legislature Home About Us E-Mail Lists- Search Help Chapter 173-304-195 WAC -The Washington State Legislature Page 1 of I TITLES WAC 173 TITLE WAC 173 -304 P_dntYersion CHAPTER 173-304-190 << 173-304195 173-304-200 WAC 173-304-195 Permit required. After approval by the department of the comprehensive solid waste plan required by RCW 70.95.100, no solid waste disposal site or facility shall be maintained, established, substantially altered, expanded or improved until the county, city or other person operating or owning such site has obtained a permit from the jurisdictional health department pursuant to the provisions of WAC 173_304-000. (Statutory Authority: Chapter 43.21A RCW. 85-22-013 (Order 85-18), § 173-304- 195. filed 10/28/85.1 htip://www.leg.wa.gov/wac/index.cf n?fuseaction=Section&Section=173-304-195 12/9/02 Legislature.Home About Us_ E-Mail Lists Search Help Vv rxt_ 1 / J -J 1,G L.11ll1 1 lil\ 1 UC%. 1 VL ! Chapter 173-312 'VAC COORDINATED PREVENTION GRANTS `VAC SECTIONS 173-312-010 Purpose and authority. 173-.3'I2-020 Definitions. 173-312-030 Relation to other legislation and administrative rules. 173-312-040 Applicant eligibility. 173_312-050 Project eligibility. 173-312-060 Application process. 173-3.12-070 Application evaluation. 173-312-080 Allocation of grant funding. '173-312-090 State assistance share and local cash match. 173-312-100 Grant admuiistration. Last Update: 2/19102 WAC 1.73-31.2-01.0 Purpose and authority. (1) The purpose of this .chapter is to set forth requirements for the conduct of a financial assistance program to provide grants to local governments for local hazardous waste plans and programs and solid waste plans and programs, under the Model Toxics Control Act, RCW 70.105D.070(3). The plans and programs referenced in RCW 70.105D.070(3) are designed to prevent or minimize environmental contamination. Therefor, the grants are designated "coordinated prevention grants" under this chapter. (2) A further.purpose of this chapter is to establish a structure for the administration of coordinated prevention grants fitnded from the local toxics control account authorized by RCW 82.21.030. The administrative structure may be extended to other waste management grant programs using other funding sources including the litter control account authorized by chapter 70.93 RCW, the hazardous waste assistance account authorized by chapter 70.95E RCW, and other waste management funding sources that may be established in the future by the legislature. (3) The purposes of the coordinated prevention grants program are to: (a) Consolidate all grant programs funded from the local toxics control account, and other programs in subsection (2) of this section that may be selected, into a single program, except for remedial action, public participation, and citizen proponent negotiations grants. (b) Promote regional solutions and intergovernmental cooperation. (c) Prevent or minimize environmental contamination by providing financial assistance to local governments to help them comply with state solid and hazardous waste laws and rules. (d) Provide funding assistance for local 'solid and hazardous waste plaruiing and for implementation of some programs and projects in those plans. (e) Encourage local responsibility for solid and hazardous waste management. (f) Improve efficiency, consistency, reliability, and accountability of grant administration. Note: Copies of all cited statutes, rules, and guidelines are available at the Department of Ecology, Records Management, P.O. Box 47600, Olympia, Washington 98504-7600. (Statutory Authority: Chapters 70.1051) and 43.21 RCW. 02-05-070 (Order 01-11), § 173-312-010, filed 2/19102, effective 3122102. Statutory Authority: RCW 70.10517.070(3). 00-19-016 (Order 00-19), § 173-312-010, filed 918/00, effective 1019/00. Statutory Authority: RCW 43.21A.080.91-11-090 (Order 90-65), § 173-312-010, filed 5/21/91, effective 6/21/91. Statutory Authority: RCW 43.21A.080 and chapter 70.105D RCW. 90-18-064 (Order 90-17), § 173-312-010, filed 914190, effective 10/5/90. Statutory Authority: RCW 70.105B.220 and 70.95.220. 88-17-001 (Order 88-26), § 173-312-010, filed 814/88.] http:/h«Nw.Ieg.wa.a,ov/waclindex.cfin?ftiseaction=chapter&chapter=173-312&RequestTi... 9/13/2002 WAC 173 -312 CHAPTER Page 6 of 7 calculated as follows: ' (a) For solid waste enforcement grants, an amount sufficient to provide each single-county jurisdictional health department with one Hundred thousand dollars and each multi-county jurisdictional health department with one hundred fifty thousand dollars will be set aside. In future biennia the amount',,_ set aside for solid waste enforcement will be' twenty percent of the total coordinated prevention grant allocation, and the single-county and multi-county solid waste enforcement grant allocation will be increased or decreased proportionately. (b) For solid and hazardous waste implementation grants, the remaining eighty percent is divided among colonies by means of a formula that shall consist of two elements: (i) A fixed amount for each county, regardless of size; and (ii) A per capita amount based on county population size as determined by the United States census data or by the official estimates of the state office of financial management. (c) Counties that submit a coordinated application as defined in WAC 173-312-060 shall receive a ten percent increase if base level funding as defined in (b) of this subsection is an incentive. (d) After initial grant amounts have been determined for both categories of coordinated prevention grants based upon the applications, the unallocated funds shall become supplemental funds used to promote strategic, initiatives that meet needs defined by the state solid waste planning process.. Supplemental fiends for solid and hazardous waste implementation grants will first be awarded within the initial solid and hazardous waste implementation coordinated prevention grant portion. Supplemental funds for solid waste enforcement grants will first be awarded within the initial solid waste enforcement coordinated prevention grant portion. Only when supplemental funds still remain in either category after the initial supplemental awards have been given shall the funds be awarded to the other portion. (4) Applicants must meet the requirements of this chapter to the satisfaction of the department in order to secure grant awards. [Statutory Authority: Chapters 70.105D and 43.21 RCW. 02-05-070 (Order 01-11), § 173-312-080, filed 2119/02, effective 3/22/02. Statutory Authority: RCW 70.105D.070(3). 00-19-016 (Order 00-19), § 173-312-080, filed 9/8/00, effective 10/9/00. Statutory Authority: RCW 43.21A.080.91-11-090 (Order 90-65), § 173-312-080, filed 5121191, effective 6/21/91.) WAC 1.73-312-090 State assistance share and local cash match. (1) Costs eligible under WAC 173- 312-050 will be considered for grant funding at a level of seventy-five percent. Twenty-five percent of eligible costs must be provided. as local cash thatch. (2) Local cash match may be met by cash expenditures and interlocal costs. Interlocal costs are the only type of in-kind contributions that may be used for local cash match. [Statutory Authority: Chapters 70.105D and 43.21 RCW. 02-05-070 (Order 01-11), § 173-312-090, tiled 2/19102,.t~ffectivc 3/22/02. Statutory Authority: RCW 70.105D.070(3). 00-19-016 (Order 00-19), § 173-312-090, filed 9/8100, effective 10/9/00. Statutory Authority: RCW 43.21A.080. 91-11-090 (Order 90-65), § 173-312-090, filed 5/21/91, effective 6/21/91.) WAC 173-312-100 Grant administration. (1) The department shall prepare guidelines to facilitate compliance with and interpretation of this rule. (2) Coordinated prevention grants shall operate on a biennial funding cycle. Applications will be due in the first quarter of the biennium. Eligible applicant governments will apply for grant funds up to the base fiuiding level set forth in WAC 173-312-080 plus the incentive, and at the same time shall submit requests for additional funds io assist ongoing or new projects. Supplemental funds, if awarded, shall be supplied as part of the new grant. New grants will begin in the third quarter of the biennium, and will run for two calendar years. (3) The department will obligate coordinated prevention grant fiends to a recipient for a maximum period of two years. If the recipient has not accomplished the scope of work in the time period set forth in the agreement, the recipient must use a portion of its next biennial base funding level to complete the project(s). ,I , _ - I' 1 1 . r . 1. . A 1 . . I -1 - . n P. n'i WAU t !3 -31L UHAr l trlc ,r agu i ui (4) No costs incurred before the effective date of a grant agreement are eligible unless specific provision is made in the grant agreement for those costs. (5) All grants tinder this chapter must be consistent with Administrative Requirements for Ecology 1+ Grants and Loans WDOE 091-18 (Revised October 2000). (Statutory Authority: Chapters 70.105D and 43.21 RCW. 02-05-070 (Order 01-11), § 173-312-100, filed 2/19/02, effective 3/22102. Statutory Authority: RCW 70.105D.070(3). 00-19-016 (Order 00-19), § 173-312-100, filed 9/8/00, effective 10/9/00. Statutory Authority: RCW 43.21A.080. 91-11-090 (Order 90-65), § 173-312-100, filed 5/21/91, effective 6/21/91.) ht.tn_/hvti«v.lec,.wa.eovlwaclinclex.cfin? fuseaction=chanter&chantei=173-312&R.eciuestTi... 9/13/2002 Exhibit F Spokane Regional Health District SEP-03-2002 15:28 REG. HEALTH DIST. 509 324 1507 P.01i05 BYLAWS OF REGIONAL HEAL7*H DISTRICT BOARD OF HEALTH ARTICLE I . NAME The name of this organiz referred to as "Board" or shall be the Spokane Regional Health District Board ofHealth, hereafter 3rd ofHealth". ARTICLE II - PURPOSE The primary purpose of the Spokane Regional Health District Board ofHealth is (1) to serve as the governing body of the Distri (2) to unite the municipalities and the county in a cooperative effort to supervise"all matters pertaining to the preservation of the life and health of the citizens within its jurisdiction; (3) to comply full with the requirements of all applicable chapters of Title 70, Revised Code of Washington; (4) to create and promote prudent public health policy within the District; and (5) to make possible and invite active participation of all professions, persons and organizations interested in public health. ARTICLE III - MEIv1BERSHW (RCW 70.46.031 and County Resolution No. 96-0825) 1. In accordance with Cha; Resolution No. 96-0825, t} the following eleven (11) n officials of Spokane City; t incorporated cities and tow Board of County Commissi 2. A majority of the mayors of Medical Lake, NOwood, Roc appoint elected officials to the 3. The three (3) non-elected appointed for three-year, sits 4. All now appointments shall 5. Vacancies on-the Board made in the same manner as r 70.46, Revised Code of Washington, and Spokane County Spokane Regional Health District Board of Health shall consist of nbers: three (3) Spokane County Commissioners; three (3) elected o (2) elected officials acting as representatives from the remaining in the District; and three (3) non-elected members appointed by the iers of Spokane County. . Airway Heights, Cheney, Deer Park, Fairfield, Latah, Liberty bake, d"ord, Spangle, and Waverly shall annually decide which small cities shall xs appointed by the Board of County Commissioners shall be terms. made prior to the second Monday in January. Health shall be filled by appointment within thirty (30)- days and original appointment. SEP-03-2002 15:28 SPOKANE REG. HEALTH DIST. 509 324 1507 P.02i05 6. no terra "elected oil;cials'j as used in these Bylaws shall mean the publicly eluted Spokane County Commissioners, the Spokane City Mayor and members of the Spokane City Council, and publicly elected mayors and members ofthe legislative bodies of the remaining incorporated cities and towns. ARTICLE N - 1, The authority of the Washington. 2. The Board ofHealth shall determined by the Board, in qualified physician trained ar performance of the Health 0 3. The salary of the Health 4. The Board shall approve Administrator shall be annr, 5. The Board ofHealth will health services. 6. At least annually, the Boas by the District in accordance 7. The Board of Health wig activities of the District. T POWERS, DUTIES AND FUNCTIONS (RCW 70.05) Board of Health shall be as prescribed by the laws of the State of ?point a District Health Officer whose tenure of office shall be +cordance with RCW 70.05.050. The District Health Officer shall be a experienced in public health. The Board shall annually evaluate the shall be fixed by the Board. the appointment of an Administrator. The salary of the A by the Board. and decade the necessary finances and budget to carry on public :lealth shall review and approve a fee schedule for services provided a fee policy that is periodically reviewed and updated by the Board reports from and through the District Health Officer on the 8. The Board ofHealth will promulgate regulations for the control of communicable diseases and other public health concerns in conformity with the provisions of the laws of the State of Washington and regulations ptvmulgated by the State Board of Health. 9. In accordance with Article persons or groups appearing 10. The Board of Health will agencies, both voluntary and 11. The Board ofHealth will and solicit their cooperation i jurisdiction of the District. of these by-laws, the Board of Health will hear testimony from a it in regular meetings. plans and requests for public health services from individuals and Rental, within the Health District. operate with and coordinate activities with others in the community services in carrying out sound public health programs within the 2 i SEP-03-2002 -15:26 POOKANE REG. HEALTH DIST. 509 324 1507 P.03/05 12. The Board shall contract the District in routine legal n by or against the District. an attorney whose duties shall be to advise and assist the Board and The Board may contract with special counsel for specific litigation V - OFFICERS AND TIIEIR DUTIES 1. The presiding officer of the Board shall be a Chair, who shall serve for a term of one (1) year. The Board shall elect the Chair "m those members of the Board who are elected officials by a majority vote of the Board members present at the last regular meeting of each year. No Chair shaU succeed him/herself for more than tw (2) full consecutive terms. If a vacancy ocarrs, the Vice Chair shall become Chair of the Board. 2. The Board shall elect a Vi Chair, who shall serve for a term-of one-year, from-those mem5df of the Board who are elected officials. The election of the Vice Char shall be no later than the January meeting. If a vacancy occursLa new Vice Chair shall be elected to fill the unexpired term at the neat regular or special meeting of , Board. The Vice Chair shall perform the duties of the Chair in the event of the Chair's absence or inability to perform. The Vice! Chair shall chair the E mulive Committee. 3. In accordance with Chapter 70.05.050, Revised Code of Washington, the District Health Officer shall serve as Executive Secretary to the Board. a. It shall be the duty of the Executive Secretary to (1) record minutes of all meetings of the Board; (2) maintain of book of numbered and dated motions/resolutions passed by the Board; (3) be custodian of all records, books and papers belonging to the Board, (4) carry on the usual corresponden of the Board, including such matters as notifying members of public meetings dealing wi public health chatters and making written recommendations thereon. b. The Executive Chair of the Board. member(s). c. The Executive personnel as apprc .tary shall prepare a list ofvouchers for monthly presentation to the accounts shaU be reviewed by the Board or its representative retary shall be empowered to employ such technical and other in the budget to carry out the functions of the Health District. SEP-03-2002 15=29 REG. HEALTH DIST. VI - DISTRICT HEALTH OFFICER (RCW 70.05.070) 509 324 1507 P.04i05 The District Health Officer shall perform such duties as are provided by law and directed by the Board. He/she shall be responsible to the Board for his/her official actions. VII - MEETINGS AND QUORUM 1. The Board of Health shall ' eet monthly. The dates and times of meetings for the year shall be established at the January melting of tho Board. Scheduled meeting dates, times and places may be revised to accommodate the needs of the Board; in such instances, public notice at least ten (10) days in advance must be given. 2. Special meetings may be callers by the Chair at his/her discretion, at the request of the Executive Secretary, or on the written r~quest of a majority of the members, provided that written notice is given each member and the media ai least twenty four hours prior to the proposed meeting concerning the time, place and subject, except in an emergency, as provided by RCW 42.30.080. 3. Six (6) members of the quorum for the dispatch c 4. Approval of all actions 5. In accordance with RCW The business at all regular r include: Call to Order, Roll Chair's Report; Health Offi( Board Member Concerns; SE 1. The Executive Committee c other members appoirrted by tJ City of Spokane representatioi Committee. The Board Chair 2. The Executive Committee at least four (4) of whom must be elected officials, shall constitute a by the Board shall be by a majority of the votes cast. 110, the Board shall call executive sessions as necessary. VIII - BUSINESS OF REGULAR MEETINGS ings, unless changed by a majority vote of members present, shall ; Approval of Minutes of Last Meeting; Approval of Vouchers; Report; Citizen Input; Action Items; Discussion Items%ports; Date and Time of the Next Board of Health Meeting; Adjourn ARTICLE DX - COMMITTEES the Board shall consist of the Board Vice Chair and at least two (2) Chair of the Board. The Executive Committee must have County and The Vice Chair ofthe Board shall serve as Chair of the Executive Tall be an ex-officio member of the Executive Committee. meet prior to each Board meeting to determine the agenda, review 4 SEP-03-2002 -15:29 SPOKANE REG. HEALTH DIST. -509 324 1507 P.oVe5 agenda items and other issues, and decide on recommendations to the full Board. 3. Agenda items or other issues requiring action by the Board shall first be submitted to the Executive Committee of the Board for consideration and recommendation, unless the Board by majority vote of those present agrees to hear an issue and make a decision without Executive Committee recommendation. 4. The Executive Committee shall serve as an advisory committee to the Health Officer and the Administrator when necessary. 5. The Chair of the Board may appoint other committees of the Board from time to time as deemed necessary. The Chair shall bean ex-off cio-mcmber of all committees. : ARTICLE X • RULES OF BUSINESS Business shall be conducted iri accordance with the most current edition of R beds Rulpq ~f [kderp so long as they are consistent with these By-laws or any amendments thereto. The Health District counsel shall serve as parliameittarian. ARTICLE XI- AMENDMENTS TO THE BYLAWS These Bylaws may be amended at any regular or special meeting of the Board by a majority vote of members Present, provided that the amendment has been presented in writing to members of the Board of Health at least ten (10) days: prior to said meeting. ADOPTED this day ofZ~~u 02001. Chair of Board o Health S TOTAL P.05