Ordinance 23-006 Compost Procurement CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO.23-006
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY,SPOKANE COUNTY,
WASHINGTON, AMENDING SPOKANE VALLEY MUNICIPAL CODE
CHAPTER 3.47 RELATING TO PURCHASE OF GOODS TO ADD A COMPOST
PROCUREMENT REQUIREMENT IN COMPLIANCE WITH RCW 43.19A.150,
AND OTHER MATTERS RELATING THERETO.
WHEREAS, in March 2022,Engrossed Second Substitute House Bill (ESSHB) 1799 was signed
into Washington law; and
WHEREAS, the primary goal of the law is to increase the diversion of organic materials going to
landfills to reduce methane emissions, a significant source of the emissions; and
WHEREAS, the legislature finds that it will be beneficial to improve a variety of aspects of how
organic materials and organic material wastes are reduced,managed,incentivized,and regulated under state
law; and
WHEREAS, ESSHB 1799 encourages cities to procure more of the compost product and finished
products created from organic wastes; and
WHEREAS, Section 701 of ESSHB 1799,now codified as RCW 43.19A.150,requires cities such
as the City of Spokane Valley to adopt a compost procurement ordinance to implement RCW 43.19A.120;
and
WHEREAS,RCW 43.19A.120 states that when planning government-funded projects or soliciting
and reviewing bids for such projects, state agencies and local governments shall consider whether compost
products can be utilized in the project.
NOW THEREFORE the City Council of the City of Spokane Valley, Spokane County,
Washington, ordains as follows:
Section 1. Purpose. The purpose of this Ordinance is to conform to state law regarding compost
procurement.
Section 2. Amendment. Chapter 3.47 Spokane Valley Municipal Code is hereby amended to add:
3.47.050 Compost Procurement.
A. For the purposes of this chapter, unless the context clearly requires otherwise,"compost product"
means a product created with mulch, soil amendments, ground cover, or other landscaping material
derived from the biological or mechanical conversion of biosolids, or cellulose-containing waste
materials as defined in RCW 43.19A.010.
B. When planning City-funded projects or soliciting and reviewing bids for such projects, City
departments shall identify whether compost products can be utilized in a City project. In the event that
compost products can be utilized, City departments shall require purchase of compost for use in City
projects.
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C. City departments shall plan for the use of compost in any of the following categories that are
applicable to their operations and project types:
1. Landscaping projects;
2. Construction and postconstruction soil amendments;
3. Applications to prevent erosion, filter stormwater runoff, promote vegetative growth, or
improve the stability and longevity of roadways; and
4. Low-impact development and green infrastructure to filter pollutants or to keep water onsite or
both.
D. Notwithstanding subsections B and C of this section, City departments are not required to use
compost products if:
1. Compost products are not available within a reasonable distance,defined as 50 miles, from the
project;
2. Compost products that are available do not comply with existing purchasing standards;
3. Compost products that are available do not comply with federal, state, or local health, quality,
and safety standards; or
4. Compost purchase prices are not reasonable or competitive.
E. City departments shall give priority to purchasing compost products from companies that:
1. Produce compost products locally within Spokane County;
2. Are certified by nationally recognized organizations like the US Composting Council;and
3. Produce compost products that are derived from municipal solid waste compost programs and
meet quality standards comparable to standards adopted by the Washington State Department of
Transportation or adopted by rule by the Washington State Department of Ecology.
F. City departments that use compost shall report the following information to the Community and
Public Works Department by each December 15:
1. The volume and cost of compost purchased by the City department in that year; and
2. The source or sources of the compost purchased by the City department in that year.
G. The Community and Public Works Department is responsible for:
1. Providing technical assistance and education regarding the use of food and yard waste compost
to City departments and staff;
2. Conducting educational outreach to inform residents and businesses about the value of food
and yard waste compost and how the City uses compost in its operations each year; and
3. Reporting the total estimated tons of organic material diverted from the City's waste stream
because of compost use under this section.
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H. By December 31,2024,and each December 31 st of even-numbered years thereafter,the City shall
submit a report covering the previous year's compost procurement activities to the Washington State
Department of Ecology that contains the following information:
1. The total tons of organic material diverted throughout the year;
2. The volume and cost of compost purchased throughout the year;and
3. The source or sources of the compost.
Section 3. Severability. If any section, sentence, clause, or phrase of this Ordinance should be held
to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this
Ordinance.
Section 4. Effective Date. This Ordinance shall become effective five days after publication of the
ordinance, or a summary thereof, in the official newspaper of the City.
Adopted this }1`R i\ day of March,2023.
A ITE,ST• CITY OF SPOKANE VALLEY
/ /iq) 3
Christine Bainbridge, City Clerk Pam Haley,Mayor
Approved as to Form:
f e of the ity Attorney (/• �/
Date of Publication: 7 rr
Effective Date: 3 "` J de -3
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