2003 Interlocal CO03-038 SpoReg Solid Waste Mgmt Sys 111111 MI 111 I 1111 •4940682
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OFFICE OF CIiY CLERK AGR 530.00 Spokane Co, WA
Return:
Spokane City Clerk's Office
5th Moor, 808 W. Spokane falls Blvd
Spokane, WA 99201
rgb 03 05 06 430pm
File no.OPR 03-512
File no. 3 0666
File no.
INTERLOCAL AGREEMENT (CH. 39.34 RCW) BETWEEN THE CITY OF
SPOKANE, SPOKANE COUNTY AND THE CITY OF SPOKANE VALLEY
RE: SPOKANE REGIONAL SOLID WASTE MANAGEMENT SYSTEM
RECITALS
WHEREAS, the City of Spokane, a first class charter city duly organized and
existing under and by virtue of the laws of the State of Washington (the "City"), and the
County of Spokane, a class A county duly organized and existing under and by virtue of
the laws of the State of Washington (the "County"), have specific powers and statutory
duties relating to planning and controlling the management, handling and disposal of
solid waste ("solid waste management") within the City and unincorporated area of the
County (the "region"), respectively, including the development of a Solid Waste
Management Plan under RCW 70.95;
WHEREAS, the City of Spokane Valley, WA, (hereinafter "Signatory Regional
City"), a non charter optional code city duly organized and existing under and by virtue
of the constitution and laws of the State of Washington, likewise has specific municipal
statutory powers and duties relative to solid waste management within its jurisdiction;
and
WHEREAS, the County duly adopted a Spokane County Comprehensive Solid
Waste Management Plan for the region ("Plan") on July 21, 1998, including revisions in
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OFFICE OF CITY CLEM Ark $30.00 Spokane Co, PA
Spokane Valley Agreement to Join Regional Solid Waste System as Regional City,
pledging all solid waste to System
Page 2
Spokane County Resolution No. 98-0602; and
WHEREAS, the City and County initiated the Spokane Regional Solid Waste
Disposal Project in 1984 in order to develop a necessary solid waste management system
and plan, including appropriate waste reduction and recycling provisions and litter
control provisions; and
WHEREAS, after years of planning and the completion of an adequate
environmental impact statement and vendor selection process, and after due consideration
of the environmental, social, technical, economic and other relevant factors, including
public and governmental conmient, and observation of applicable federal, state, and local
procedures, the City and County established a cooperative project for the management,
handling and disposal of solid waste generated within the City and the unincorporated
areas of the County by execution of an Interloeal Cooperation Agreement by a joint
Resolution adopted on November 3, 1987, as superseded by an Interlocal Cooperation
Agreement adopted by the City and County on October 10, 1988, as superseded by
Amended and Restated Interloeal Cooperation Agreement between the City of Spokane
and Spokane County,WA on April 10, 1989 (hereinafter collectively referred to as the
"County Interloeal Cooperation Agreement"); and
WHEREAS, the County, by the County Interlocal Cooperation Agreement has
agreed to exercise its police and contract powers, and designate the System as the site for
disposal of solid waste collected within the unincorporated area of the County by its Flow
Control Ordinance, subject to the exceptions set forth therein; and
WHEREAS, Signatory Regional City now desires, in consideration for the City
handling the disposal of Solid Waste at the System, to agree to exercise its police powers
to designate the System as the sole site for disposal of Solid Waste under its control;
NOW THEREFORE, IT IS AGREED:
•
Section I: DEFINITIONS.
As used in this Agreement, the following words shall have the following
meanings, unless the context dictates otherwise:
A. Annual Budget shall mean the System budget for a Fiscal Year, as adopted
or amended by the City in accordance with Section 8.12 of the Bond
Ordinance.
B. Bond Ordinance means Ordinance C-29285, adopted January 9, 1989 by
the City of Spokane City Council.
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OFFICE OF CITY CLERK AGR $30.00 Spokane Co, FA
Spokane Valley Agreement to Join Regional Solid Waste System as Regional City,
pledging all solid waste to System
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C. City shall mean the City of Spokane, Washington, a first class charter city
of the State of Washington.
D. County shall mean Spokane County, Washington, a class A county of the
State of Washington.
E. County Interlocal Cooperation Agreement shall mean the above
referenced County hlterlocal Cooperation Agreement between the City
and the County for the ownership, financing and management of the
system and any amendments thereof
F. Disposal Site means a site or sites approved by the Board of County
Commissioners for Spokane County or the Board's Authorized Designee,
where any final treatment, utilization, processing, or deposition of Solid
Waste occurs. This includes, but is not limited to, transfer stations
(included as part of the disposal system of the County), sanitary landfills,
incinerators, composting plants, and the location of a Facility for the
recovery of energy resources from Solid Waste or the conversion of the
energy from such wastes to more useful forms or combinations thereof.
G. Facility shall mean the mass burn resource recovery steam and electric
generating facility constructed pursuant to the Construction Contract;
such facility is the "Facility" as such term is defined in the Construction
Contract.
H. Hazardous Waste shall mean waste which, by reason of its composition or
characteristics is a toxic substance or hazardous waste as defined in the
Resource Conservation and Recovery Act (RCRA), 42 USC 6901 et esq.,
together with its implementing regulations, or in the Toxic Substances
Control Act (TOSCA), 15 USC 2601 et seq., together with its
implementing regulations, or the definitions as promulgated by the State
of Washington as Dangerous Waste or Extremely Hazardous Waste, all as
may be now or hereafter amended from time to time.
Recyclable Materials shall mean those materials, other than Recovered
Materials which are separated from Solid Waste, either by the generator at
the source of such Solid Waste or mechanically by the System at any
lawfully authorized transfer station, recycling facility, or other permitted
location, as the case may be, and which are capable of being returned to
the economic mainstream by the System. Recyclable Materials may
include, but shall not be limited to, bottles, aluminum cans, newspapers,
cardboard, paper materials, or other specific commercially marketable
items, where and only where such materials have been specifically sorted
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OFFICE OF CM CLERK AGR $30.00 Spokane Co,
Spokane Valley Agreement to Join Regional Solid Waste System as Regional City,
pledging all solid waste to System
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by the generator prior to collection and are collected apart from the
common municipal solid waste stream for commercial manufacture or
recycling.
J. Regional Cities shall mean all incorporated cities and towns in Spokane
County, including Signatory Regional City, except the City of Spokane,
which have entered into, or hereafter enter into a Regional City Interlocal
Agreement.
K. Scale System means the scales, scale house, computer hardware and
software and associated equipment necessary to operate an automated
ticketing system.
L. Signatory Regional City means the City of Spokane Valley, WA.
M. Solid Waste includes garbage and refuse and shall mean all putrecible and
non-putrecible wastes, whether in solid or in liquid form except liquid-
carried industrial wastes and sewage. "Solid Waste" includes garbage,
rubbish, ashes, industrial wastes, swill, demolition and construction wastes,
abandoned vehicles or parts thereof, discarded home and industrial
appliances, manure, digested sludge, and vegetable or animal solid and
semi-solid materials. Solid Waste does not include Recyclable Materials
or Hazardous Waste. In addition, all materials deposited in cans or
containers for collection, (other than Recyclable materials or Hazardous
Waste), shall be deemed Solid Waste.
N. System shall mean the existing Spokane Regional Solid Waste
Management System comprised of all property, real or personal, tangible,
or intangible that is now owned or hereafter acquired by the City which is
used or useful by the City (i) in connection with the collection and
disposal of Solid Waste generated within the City's boundaries and (ii) in
connection with the disposal of Solid Waste generated and collected
elsewhere and delivered to the System for disposal. As of the date hereof,
the System includes, without limitation, the City's Northside Landfill, the
City's refuse collection system, and all facilities and equipment
appurtenant thereto, whether real or personal, and vehicles necessary and
incident thereto.
0. "Pipping Fee means the amount charged per ton of Solid Waste for disposal
by the System.
All other capitalized terms used herein, which are not defined, shall have the
meanings given to them in the Bond Ordinance. Otherwise they shall have the same
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Spokane Valley Agreement to Join Regional Solid Waste System as Regional City,
pledging all solid waste to System
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meaning as used in other documents referenced in this agreement unless another specific
document is referenced.
Section 2: PURPOSE.
The purpose of this Agreement is to establish the participation of Signatory
Regional City in the System as one of the Regional Cities.
Section 3: SOLID WASTE DIRECTED TO SYSTEM.
A. Signatory Regional City hereby covenants, agrees and contracts to
exercise its police and contractual powers and authority as may now or
hereafter be recognized in contract or at law to direct the deposit of Solid
Waste generated within its geographical boundaries to the System.
13. The following are specifically exempted from the provisions of subsection
A:
1). Wrecking automobiles and parts thereof including storage and
handling facilities, minor reclamation of scrap metal, glass,
discarded clothing, paper, and their associated facilities which
leads to resale or reuse of said material where no charge is made
for collection or disposal to the originator.
2). Depositing soil, rock, tree stumps, gravel, broken concrete, broken
asphalt, and similar inert wastes onto the surface of the ground
whereby such depositing is to be temporary in nature, graded, and
otherwise worked to fill an existing depression or low area of
ground.
3). Depositing agricultural Solid Waste onto or under the surface of
the ground when said waste is being utilized primarily for fertilized
or a soil conditioner, or is being deposited on ground owned or
leased by the person responsible for the production of said waste as
long as depositing such waste does not create a nuisance.
4). Depositing sewage and/or sludge onto or under the surface of the
ground at a Disposal Site that has otherwise been issued a Permit
by a local, state or federal agency to be operated, maintained or
managed for that purpose.
5). Depositing Hazardous Wastes or Dangerous Wastes onto or under
the surface of the ground at a Disposal Site that has otherwise been
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issued a Permit by a local, state or federal agency consistent with
the Comprehensive Solid Waste Management Plan to be operated,
maintained, or managed for this purpose.
6). Establishment and operation of a Woodwaste Landfill site;
"Woodwaste Landfill" being defined in the Spokane County Flow
Control Ordinance, No. 85-0395, section 2 II, adopted May 14,
1985.
C. The Spokane County Comprehensive Solid Waste Management
Plan will address disposal of all types of waste. The City and
County will include Signatory Regional City in planning for and
opportunities for proper disposal of exempt waste.
Section 4: ADMINISTRATION.
A. Precise organization of entity. The entity defined above as the
System has already been created. Signatory Regional City joins
this System by this agreement. The City will manage the System
pursuant to the terms and conditions of the County Interlocal
Cooperation Agreement.
B. The City will provide Signatory Regional City with a copy of the
Annual Budget for the System.
C. Although the City is the administrator of the System, a Policy
Liaison Board has been established by the County interlocal
Cooperation Agreement. The Liaison Board already consists of
two delegates from the City of Spokane, two from the County and
one from the Regional Cities. With respect to Signatory Regional
City however, it the intent of the parties that this Signatory
Regional City (Spokane Valley) be entitled to its own separate
voting scat on the Liaison Board, to be created as an additional
sixth seat. Each party stipulates to and/or agrees 40 seek
amendment of any other applicable interlocal agreements as may
be necessary to accomplish this intention.
D. Holding, disposing real, personal maul Any real or personal
property needed for System operations may be acquired, held and
disposed of by the City, as administrator under this agreement. The
City administers all special funds for System operations.
Section 5: TIPPING FEES.
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OFFICE OF CITY CLERK ACR $30.00 Spokane Co, Rei
Spokane Valley Agreement to Join Regional Solid Waste System as Regional City,
pledging all solid waste to System
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A. The Tipping Fees charged for disposal of Solid Waste at the
System shall be that established by the City. Tipping Fees shall be
uniform for the same class of service, except that Tipping Fees at
the System's transfer stations and the Facility may differ to reflect
the costs of transporting Solid Waste from the transfer stations to
the Facility. The City has included and shall continue to include in
the Tipping Fee a "landfill closure component" which will be
allocated between the City, the County, and the Regional Cities as
provided herein and in the County Interlocal Cooperation
Agreement.
B. If the Signatory Regional City is determined to have liability under
Initiative 97 (RCW. 7O.1O5D) or the Comprehensive
Environmental Response Compensation, and Liability Act
(CERCLA) in connection with any landfill, the System shall
allocate to Signatory Regional City a portion of the revenues from
the landfill closure component of the System's Tipping Fees. Such
• allocation of revenues shall be in the same proportion that
Signatory Regional City's Solid Waste generated and delivered to
the System bears to the total non-City [from sources other than the
City of Spokane Solid Waste generated from all other areas of
Spokane County and delivered to the System each year. The
portion of such non-City Solid Waste delivered to the System by
the Signatory Regional City shall be determined by the population
of the Signatory Regional City compared to the total non-City
population [people living outside the City of Spokane in all other
areas of Spokane County] or by such other mechanism as may be
mutually agreed upon by the City, the County and the Signatory
Regional City.
C. The landfill closure component of the Tipping Fee will be
increased or decreased periodically as deemed necessary by the
City to generate the amount of funds required by the County or
Regional Cities for landfill closure purposes within the limitations
set forth in the County Interlocal Cooperation Agreement.
D. Allocation of the revenues from the landfill closure component of
the Tipping Fee will be made monthly to reflect the actual
proportions based upon weight of Solid Waste delivered or caused
to be delivered to the System each year by the City, County, and
Regional Cities. The determination of the total weight of Solid
Waste delivered or caused to be delivered to the system by the
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City, the County, and Regional Cities, shall be made through the
use of Scale Systems or, at any Disposal Site where Scale Systems
are not available, by converting volumes of Solid Waste to tons of
Solid Waste at the agreed upon ranges of 3 1/3 cubic yards of
compacted Solid Waste to one ton of Solid Waste and 6 2/3 cubic
yards of non-compacted Solid Waste to one ton of Solid Waste.
The determination of whether any particular Solid Waste delivered
to a disposal site by any person is from the City or from other areas
of the County shall be determined by the City through such
methods or systems as the City and the County shall agree and
deem appropriate.
E. Revenue allocated to Signatory Regional City if any shall be
remitted quarterly. Allocable revenues, including interest earnings
thereon, may be used for the following purposes:
1). To pay landfill closure costs.
2). • To fund a reserve for future landfill costs.
3). To pay other collection costs.
4). Any other landfill purpose.
Section 6: UTILITY TAX.
If the City, County or Signatory Regional City should impose a utility tax on the
disposal of Solid Waste at the System, the proceeds of that utility tax on disposal of Solid
Waste generated within the County, either from incorporated or unincorporated areas,
shall be shared, after the deduction of all appropriate and reasonable administrative costs,
between the City, the County and the Regional Cities proportionately based upon the tons
of Solid Waste delivered to the System from the City, the Regional Cities, and the tons of
Solid Waste delivered to the System from other sources. The allocation of the tax will be
pursuant to the method specified in Section 513 of this Agreement.
Section 7: UPDATE OF THE COUNTY COMPREHENSIVE SOLID
WASTE MANAGEMENT PLAN.
Pursuant to RCW 70.95.080, Signatory Regional City hereby authorizes the
County, acting independently or through its agents or consultants, to prepare a plan for
Signatory Regional City solid waste management as a part of the revisions to the Spokane
County Comprehensive Solid Waste Management Plan Update in 1989 and every five (5)
years thereafter, including preparation of a Local Hazardous Waste Plan, a Recycling
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•
Plan and any environmental documents required therefore. The County will provide
drafts of the update and notify Signatory Regional City of meetings regarding the update.
The Plan and any updates will be submitted to Signatory Regional City for their approval.
Section 8: AMENDMENT.
Amendment of this Agreement may be made only by written agreement of the
parties.
Section 9: DURATION AND TERMINATION.
A This Agreement shall be for an initial term of 8 years or for such
longer term as any Bonds or Additional Bonds remain Outstanding.
B This Agreement can be terminated early only by written agreement of
the City of Spokane, Spokane County, and the Signatory Regional
City. Upon termination of the Agreement, the City shall own the
System and all of its assets. [cross reference, County Interlocal
Cooperation Agreement, Sec. 5.2 e].
Section 10: HEADINGS.
The section headings in this Agreement have been inserted solely for the purpose
of convenience and ready reference. In no way do they purport to, and shall not be
deemed to, limit or extend the scope or intent of the sections to which they apply.
Section 11: ADDITIONAL.
This Agreement contains all of the terms and conditions agreed upon by the
parties. No other understandings, oral or otherwise, regarding the subject matter of this
Agreement shall be deemed to exist or to bind any of the parties hereto. The parties have
read and understand all of this Agreement, and now state that no representation, promise,
or agreement not expressed in this Agreement has been made to induce the parties to
execute the same. Failure to enforce any term or condition in any one instance-shall not
be deemed waiver in other instance. This Agreement shall not be construed to favor any
party.
Section 12: FILING OF THE AGREEMENT.
The City of Spokane and Signatory Regional City shall file this Agreement with
•
the respective City Clerks and the City shall file this Agreement with the Spokane County
Auditor and Secretary of State.
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OFFICE OF CM CLERK AGR $30.00 Spokane Co, FA
Spokane Valley Agreement to Join Regional Solid Waste System as Regional City,
pledging all solid waste to System
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Section 13: SEVERABILITY.
In the event any provision of this Agreement shall be declared by a court of
competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality and
enforceability of the remaining provisions shall not, in any way, be affected or impaired
thereby.
Section 14: EFFECTIVE DATE.
This Agreement shall become effective immediately after it is duly adopted by the
Board of Spokane County Commissioners, and the Councils of the Cities of Spokane and
the Signatory Regional City.
IN WITNESS WHEREOF each of the parties have executed this Agreement by their duly
authorized officials.
�l"�
DATED this 19 `^" day of :r 1Lt-Q , 2003.
CITY OF SPOKANE
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By: • � / -
Jo 'owers, +ayor
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City Administrator
ATTEST: ,r- -
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Terri Pfister l .: '
City Clerk / v l:I:E:
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Approved as to Form:
151t1C;C
obert Beau .' - / .
Assistant City Attorney
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OFFICE OF CITY C4ERK Ell ,•30,CD Span CI, wk
Spokane Valley Agreement to Join Regional Solid Waste System as Regional City,
pledging all solid waste to System
Page 11
ADOPTED by the Board of County Commissioners of Spokane County, Washington this
/ day of_ . _ , 2.003-
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V.CCKY M. DALTON ]p D. .ants, '..'
011.E OF THE BOARD ,
K8 Y= M. Mal . ` _� �
Daniels Erickson, Deputy Kate'Iv c(.aslin, Commissioner
ATTEST: APPROVED: ,
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7 ie1a Erickso Francine Boxer
lerk of thp B and Chief Executive Officer
Appro • .d as to Form:
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maci�7
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..ivil Deputy
Prosecuting Attorney
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OFFICE OF GM CLEF( nail S3O,00 Spokane Co, IA
Spokane Valley Agreement to Join Regional Solid Waste System as Regional City,
pledging all solid waste to System
Page 12
DATED this 30 day of , 2003.
City of Spokane Valley, WA
Signatory Regional City
13y:
City Manager
Attest:
City Clerk
Approved as to form:
t Attori '
. R EC E 1 A o - zoaz
AGENDA SHEET FOR COUNCIL MEETING OF: 16'(';'147(1-7 JU �E� :13°''''411<jk°'1\TE
N 0 5 2003
Submitting Dept. Contact Person Phoned'CLERK'S OFFlC
Solid Waste Dennis Hein 625 7806 SPOKANE WA , ,
ADMINISTRATIVE SESSION LEGISLATIVE SESSION CITY PRIORITY n nn
X Contract o Emergency Ord o Communications CLERKS FILE OP 200512
o Report o Resolution o Economic Development RENEWS
o Claims o Final Reading Ord o Growth Management CROSS REF
o First Reading Ord o Human Services ENG
STANDING COMMITTEES o Special Consideration o Neighborhoods BID
(Date of Notification) o Hearing o Public Safety REQUISITION
o Finance o Public Safety X Quality Service Delivery Neighborhood/Commission/Committee Notified:
o Neighborhoods o Pubic Woks o Racial Equity/Cultural Diversity
o Planning/Community& Econ Dev 0 RebvildlMaintain Infrastructure Action Taken:
AGENDA Interlocal Agreement (Ch. 39.34) between the City of Spokane, Spokane County and the City of
WORDING: Spokane Valley re: Regional Solid Waste Management System
BACKGROUND: With the incorporation of the City of Spokane Valley, it is necessary to enter into a separate
(Attach additional interlocal agreement with the new City to confirm that it desires to become a part of the existing
sheet if necessary) Spokane City-County Solid Waste Regional Project. The City Council of Spokane Valley has now
approved this arrangement on May 27, 2003. In section 3 of the agreement, Spokane Valley
promises to direct all solid waste generated within its geographical boundaries to the System. This
agreement confirms our acceptance of the new City as a part of our interlocal solid waste system.
RECOMMENDATION:approve Fiscal Impact: X NIA Budget Account: o N/A
o Expenditure: $ #
o Revenue: $ #
o Budget Neutral
ATTACHMENTS: .
On fi - or Review in Office of City Clerk
SIGH r T� S:
•i. r
Depar ment Head " D. ision S ctor PLegal '/ City Ad inistrator for Mayor Council President
/ ' /'
• , _,,...er—f_ / l''' tptec41---a ez,54 Ai . /..4 .
P-4-DISTRIBUTION: David Mercier, Spokane Valley Robert Beaumier Asst City Atty
City Manager
Dennis Hein, Solid Waste •
System Director
Bill Wedlake, Spokane County
Solid Waste Director
COUNCIL ACTION:
APPROVED BY
SPOKANE UiTY COUNCIL: .
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