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HomeMy WebLinkAboutUtilities 2010-08-24 Item 2A - Interlocal Agreements - Solid Waste with King County Solid Waste DivisionCity of Tukwila Jim Haggerton, Mayo, INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Utilities Committee FROM: Public Works Director DATE: August 16, 2010 SUBJECT: Solid Waste Interlocal Agreements ISSUE BACKGROUND DISCUSSION Apprise City management and Council of the intent and rationale to renegotiate member cities' Solid Waste Interlocal Agreements (ILA's) with the King County Solid Waste Division (KCSWD). See attached letter from Jessica Greenway, Metropolitan Solid Waste Management Advisory Committee (MSWMAC) Chairperson. Since the late 1980's, 37 cities participating in the King County Solid Waste Management System have been operating under ILA's. In principle, the agreements grant KCSWD ownership and responsibility for the transfer and disposal system which includes the operation of eight transfer stations, two rural drop boxes, and the Cedar Hills Landfill. In turn, cities provide local solid waste services and direct their municipal solid waste generated and /or collected within their boundaries to the County transfer and disposal system. A copy of the current 40 -year ILA between the City of Tukwila and King County is attached. For the most part, the IL'As have served the County and the 37 member cities well. Through the ILA's, cities share the costs and benefits of King County's transfer and disposal system. If a city were to terminate its ILA, it would then assume all the solid waste management functions currently performed by the County, as well as the liability involved with performing those operations. The ILA's have allowed all parties to achieve economies of scale that ultimately translate into lower fees for system ratepayers. Economies of scale will continue once the Cedar Hills landfill reaches capacity and closes, and the region transitions to a new method of solid waste disposal. Despite the benefits, both KCSWD and member cities recognize the need to negotiate a new ILA. During the June 11, 2010 MSWMAC meeting, member cities expressed interest in moving forward and collaborating with the KCSWD to negotiate a new ILA that would ensure the long INFORMATIONAL MEMO Page 2 term stability of rates, services, and infrastructure. Member cities have identified four significant issues that need to be addressed: 1. Solid Waste Interlocal Forum (SWIF). A SWIF was created to provide a venue for ILA members to participate in the region's solid waste planning. The responsibilities of the SWIF were later transferred to the King County Council Regional Policy Committee (RPC). This transition gave RPC additional responsibility to function as the SWIF on solid waste management issues. Over time, RPC responsibilities expanded and covered a wide range of critical regional issues and had limited time to focus on solid waste planning and policy matters. The establishment of MSWMAC has created a dedicated forum for all the cities with ILAs to collaborate with the County on issues pertaining to solid waste planning and policy. One of the recommendations is for MSWMAC to take over the SWIF and that RPC continue in its role of reviewing and recommending to the County Council approval of regional solid waste plans and policies. 2. Dispute Resolution Process. Currently, no process for dispute resolution is provided for in the ILA's. 3. Framework for Developing Financial Policies. The current financial policies for the KCSWD are very broad in nature. Cities are interested in working with the Division to develop more detailed financial policies such as budgets, debt financing, rates and grant programs. 4. Host City Mitigation. Although KCSWD employs a wide range of mitigation measures for the siting and operations of facilities, it does not have specific policies in place to guide the establishment of mitigation agreements for host communities. In summary, it is in the best interest of both member cities and KCSWD to collaboratively develop a new ILA. During the upcoming meetings, MSWMAC will discuss ILA issues prior to negotiations. There will be opportunities for interested parties to comment throughout the collaborative process. Once a new ILA is developed, the documents will be sent to member cities' councils for action. RECOMMENDATION For information only. Attachments: 1 MSWMAC letter dated August 6, 2010 2. Interlocal Agreement between City of Tukwila and King County WW:IPW Eng10THER1Frank IriartelSolid Wastellnfomation Memo -Solid Waste Interlocal Agreement.doc mswmAc ec-' '77 Metropolitan Solid Waste Management Advisory Committee August 6, 2010 The Honorable Jim Haggerton City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 RE: NEGOTIATION OF SOLID WASTE INTERLOCAL AGREEMENTS Dear Jim, RECEIVED buci 0 2010 7 CITY OF t urviV MAYOi-?'c r CE l T' i As the chair of the Metropolitan Solid Waste Management Advisory Committee (MSWMAC), I have been asked to update the member Cities regarding a critical opportunity that we are faced with. The purpose of this letter is twofold: 1) to advise your City of the rationale and intent to renegotiate member cities' solid waste Interlocal Agreements ("ILAs with the King County Solid Waste Division (KCSWD), and 2) to invite your City and its representatives to identify and formally submit any specific issues and /or areas of concern your jurisdiction would like to have addressed in a new ILA in advance of the collaborative negotiation process with the KCSWD. Cities in attendance at the June 11, 2010 MSWMAC meeting gathered in caucus to discuss the general framework, process, and tone of a negotiation with KCSWD. In general, the consensus is that there is an opportunity to engage in a collaborative, expedited negotiation process with the KCSWD. The cities and the KCSWD share a mutual interest in drafting a new ILA that will ensure the long term stability of our cooperative solid waste management system's rates, infrastructure, and services well into the mid 21 century. Background Our regional solid waste system cooperative was formally established in 1988 when 37 King County cities and King County entered into 40 year ILAs. The boilerplate ILAs designate responsibility for different aspects of solid waste management to the KCSWD and the cities. In part, the agreements give KCSWD the ownership and operating authority for the transfer and disposal system which includes several transfer stations and the Cedar Hills Landfill. In return, the ILAs obligate the cities to provide local solid waste collection services and to direct their solid waste to the KCSWD system. In 2006, cities collaborated with the KCSWD on the development of the Solid Waste Transfer and Waste Management Plan ("the Plan which established the need to renovate the aging transfer system. The KCSWD is currently actively implementing key components of the Plan which includes the construction of new or the replacement of existing transfer stations. KCSWD has expressed an interest in extending the length of the ILAs in order to issue and secure the 20-30 year bonds required to fund the improvements identified in the transfer system capital improvement plan. In 2007, the Interjurisdictional Technical Staff Group, a staff committee of MSWMAC, drafted a Governance Report that contains preliminary recommendations on four key governance issues of interest to cities that could be addressed in a new ILA. The issues include: MSWMAC taking over the role of the Solid Waste Interlocal Forum a role current filled by the Regional Policy Committee, the Page 2 inclusion of a dispute resolution process, host city mitigation, and the development of a framework for financial policies. I would like to strongly encourage your City to take advantage of this first opportunity to submit any other issues or recommendations so that they can be appropriately discussed and vetted by MSWMAC preceding negotiations. Please provide your comments to me via email by August 31, 2010 at iareenwav(ci.kirkland.wa.us. Other opportunities to comment will be provided throughout the process. To review the full length documents referenced in this letter, please go to htto:// vour.kinacountv.aov /solidwaste/ about /olannina /documents olannina.aso. Sincerely yours, ON BEHALF OF MSWMAC Je sica Greenway airperson, MSWMAC Council Member, City of Kirkland This Agreement is entered into between King County, a political subdivision of the State or Washington and the City of Tukwila a municipal corporation of the State of Washington, hereinafter referred to as "County" and "City" respectively. This agreement has been authorized by the legislative body of each Jurisdiction pursuant to formal action as designa`gd below: King County: Motion No. 7143 KING CO. SOLID WASTE DIV Solid Waste Interlocal Agreement City: Prn..�� i; �,J� ant bW '4 on S c. J 1 6, 1 ?f( v Y mo �i ari PREAMBLE This Agreement is entered into pursuant to chapter 39.34 for the purpose of cooperative management of solid waste in King County. It is the intent of the parties to work cooperatively in establishing a solid waste management plan pursuant to Chapter 70.95 and with emphasis on the established priorities for solid waste management of waste reduction, waste recycling, energy recovery or incineration, and landfillfng. The parties particularly support waste reduction and recycling and shall cooperate to achieve the .goals established by the comprehensive solid waste management plan. The parties acknowledge their intent to meet or surpass applicable environmental standards with regard to the solid waste system. The parties agree that equivalent customer classes should receive equivalent basic services. Post -it'" brand fax transmittal memo 7677 II of payee /5 To TR Ank 18111 X r" Maef' b157'gc'rs 1 co. _oT_,N,, I� KC&vi (Dept. JPhone3 n 1 solid waste. KING CO. SOLID 'WASTE DIv I. DEFINITIONS For purposes of this Agreement the following definitions shall apply: "Basic Services" means services provided by the King County Department of Public Works,'Solid Waste Division, including the management and handling of "Comprehensive Solid Waste Management Plan" means the comprehensive plan for solid waste management as required by RCW 70.95.080. "Designated Interlocal Forum" means a group formed pursuant to the Forum Interlocal. Agreement comprised of representatives of unincorporated King County designated by the King County Council, representatives of the City of Seattle designated by the City of Seattle, and representatives of other incorporated cities and towns within King County that are signators to the Forum Interlocal Agreement. "Disposal" means the final treatment, utilization, processing, deposition, or incineration of solid waste but shall not include waste reduction or waste recycling as defined herein. "diversion" means the directing or permitting the directing of solid waste to disposal sites other than the disposal site designated by King County. "Energy /Resource Recovery" means "the recovery of• energy in a usable form from mass burning or refuse derived fuel incineration, pyrolysis of any other means -2— KING CO. SOLID WASTE DIV of using the heat of combustion of solid waste that involves high temperature (above 1,200 degrees F) processing." (WAC 173-304-100). "Moderate Risk Waste" means "(a) any waste that exhibits any of the characteristics of hazardous waste but is exempt from regulation under this chapter solely because the waste is generated in quantities below the threshold for regulation and (b) any household wastes which are generated from the disposal of substances identified by the department as hazardous household substances." (RCW 70.105.010) "Solid Waste" means all putrescible and nonputrescible solid and semisolid wastes, including but not limited to garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded •commodities but shall not include dangerous, hazardous or extremely hazardous waste. "System" means King County's system of solid waste transfer stations, rural and regional landfills, energy /resource recovery and processing facilities as authorized by RCW 36.58.040, and as established pursuant to the approved King County Comprehensive Solid Waste Management Plan. Qo oa "Waste Recycling" means "reusing waste materials and extracting valuable materials from a waste stream." (RCW 70.95.030) "Waste Reduction" means reducing the amount or type of waste generated but shall'not include reduction through energy recovery or incineration. effect through June 30, 2028. KING Co. SOLID WASTE DIY "Landfill" means "a disposal facility or part of a facility at which wast .placed in or on land and which is not a land treatment facility." (Rcw 70.95.030) II. PURPOSE The purpose of this Agreement is to.establish the. respective-responsibility of the parties in a solid waste management system which includes, but is not limited to: Planning, waste reduction, recycling, and disposal of mixed municipal solid waste, industrial waste, demolition debris and all other waste defined as solid waste by RCW 70.95.030, and moderate risk waste as defined in RCW 70.105.010. 11I. DURATION This Agreement shall become effective on July 1, 1988, and shall remain in IV. APPROVAL This Agreement shall be submitted to the Washington State Department of Ecology for its approval as to all matters within its jurisdiction. This Agreement shall' be filed with the City Clerk, with the Clerk of the King County Council and with the Secretary of State of the State of Washington. -4- 5.1 Either party may request review and /or renegotiation of any provision of this Agreement other than those specified in Section 5.2 below during the six -month period immediately preceding the fifth anniversary of the effective date of this Agreement and during the six month period immediately preceding each succeeding fifth year anniversary.thereafter. Such request must be in writing and must' specify the provision(s) of the Agreement for which review /renegotiation is requested. Review and /or renegotiation pursuant to such written request shall be initiated within thirty days of said receipt. 5.2 Review and /or renegotiation shall not include the issues of system rates and charges, waste stream control or diversion unless agreed by•both parties. 5.3 In the event the parties are not able to mutually and satisfactorily resolve the issues set forth in said request within six months from the date of receipt of said request, either party may unilaterally, request the Forum to review the issues presented and issue a written recommendation within ninety days of receipt of said request by the Forum. Review of said request shall be pursuant to the procedures set forth in the Interlocal Agreement creating the Forum and pursuant to the Forum's bylaws. The written decision of the Forum shall be advisory to the parties. KING Co. SOLID WASTE DIV V. REVIEW AND RENEGOTIATION Wioo3 5.4 Notwithstanding any other provision in this paragraph to the contrary, the parties may, pursuant to mutual agreement, modify or amend any provision of.' this Agreement at any time during the term of said Agreement. -5- 6.1 KING COUNTY RING Co. SOLID WASTE DIV Q006 VI. GENERAL OBLIGATION OF PARTIES a. Management. King County agrees to provide county -wide solid waste management, services for waste generated and collected within jurisdictions party to this Agreement. The County agrees to dispose of or-designate disposal sites for all solid waste including moderate risk waste generated and /or collected within. the corporate limits of the City which is delivered to King County in accordance with all applicable federal, state and local environmental health laws, rules, or regulations. b. Planning. King County shall serve as the .planning pthority within King County for solid waste including moderate risk waste but shall not be responsible for planning for hazardous or dangerous waste or any other planning responsibility that is specifically designated by State or Federal statute. c. Operation. King County shall be or shall designate. or authorize the operating authority for transfer, processing and disposal facilities, including public landfills, waste reduction or recycling facilities and energy resource recovery facilities as well as closure and post closure responsibilities for 'landfills which are or were operated by King County. d. Collection Service. King County shall not provide solid waste collection services within the corporate limits of the City, unless permitted by law and agreed to by both parties. RING Co. SOLID WASTE DIV e. Support and Assistance. King County shall provide support and technical assistance to the City if the City seeks to establish a waste reduction and recycling program compatible with the County waste reduction and recycling plan. The County shall develop educational materials related to waste reduction and recycling and strategies for maximizing the usefulness of the materials and will make these available to the City for its use. Although, the County will not be required to provide a particular level of support or fund any City activities related to waste reduction and recycling, King County .intends to move forward aggressively to establish waste reduction and recycling programs. f. Forecast. The County shall develop waste stream forecasts as part of the comprehensive planning process and assumes all risks related to facility sizing based upon such forecasts. g. Facilities and Services. County facilities and services including waste reduction and recycling shall be provided pursuant to the comprehensive solid waste plan. All personal and real property'acquired by King County for solid waste management system purposes shall be the property of King County. 6.2 CITY a. Collect1 The City, an entity designated by the City or such other entity as is authorized by state law shall serve as operating authority for solid waste collection services provided, within the City's corporate limits. b. Disposal. The City shall by ordinance designate the County disposal system for the disposal of all solid waste including moderate risk waste generated -7- Zoa7 and /or collected within the corporate limits of the City and shall— authorize the County to designate disposal sites for the disposal of all solid waste including moderate risk waste generated or collected within the corporate KING CO. SOLID WASTE DIV [21008 limits of the City, except for solid waste which is eliminated through waste reduction or waste recycling activities consistent with the Comprehensive Solid Waste Management Plan. No solid waste generated or collected within the City may be diverted from the designated disposal sites without Co.unty approval. VII. COUNTY SHALL SET DISPOSAL RATES AND OPERATING RULES FOR DISPOSAL In establishing or amending disposal rates for system users, the County may adopt and amend by ordinance rates necessary to recover all costs of operation including the costs of handling, processing, disposal, defense and payment of claims, capital improvements, operational improvements and the closure of landfills which are or were operated by King County. King County shall establish classes of service for basic solid waste management services and by ordinance shall establish rates for users of each class. VIII. LIABILITY 8.1 Except as provided herein, the County shall indemnify and hold harmless the City and shall have the right and duty to defend the City through the County's attorneys against any and all claims arising out of the County's operations and to settle such claims, recognizing that all costs incurred by the County thereby are system costs which must be satisfied from disposal rates as provided in section VII herein. In providing such defense of the City, the -8- SING CO. SOLID WASTE. DIV 008 County shall exercise good faith in such defense or settlement so as to protect the City's interest. For purposes of this section "claims arising out of the county's operations" shall include claims arising out of the ownership, control, or maintenance of the system, but shall not include claims arising out of the City's operation of motor vehicles in connection with the system or other activities under the control of the City which may be incidental to the County's operation. 8.2 If the County is not negligent, the City shall hold harmless, indemnify, and defend the County for any property damages or personal injury solely caused by the City's negligent failure to comply with the provisions of Section 8.5.a. 8.3 In the event the County acts to defend the City against a claim, the City shall cooperate with the County. In the event the City acts to defend the County, the County shall cooperate with the City. 8.4 For purposes of this section, references to City or County shall be deemed to include the officers, employees and agents of either party, acting within the scope of their authority. 8.5.a. All waste generated or collected fryn within the corporate limits of the City which is delivered to the systen4 for disposal shall be in compliance with the resource conservation and recovery act, as amended (42 U.S.C. 6901 et seq.), RCW 70.95, King County Board of Health Rules and Regulations No. 8, and all other applicable federal, state and local environmental health laws, rules or regulations. The City shall be deemed to have complied with the requirements of section .8.5.a. if it has adopted an ordinance requiring solid waste delivered to the system for disposal to meet such laws, rules, or regulations and by written KING CO. SOLID WA$TE DIV Q010 agreement has authorized King County to enforce these within the corporate limits of the City. 8.5.b. The County shall provide the City with written notice- of..any violation of this provision.. Upon such notice, the City shall take immediate steps to remedy the violation and prevent similar future violations to the reasonable satisfaction of King County which may include but not be limited to removing 47— the waste and disposing of itAan approved facility. If, in good faith, the City disagrees with the County regarding the violatioon, such dispute shall be resolved between the parties in Superior Court. Each party shall be responsible for its attorney's fees and costs. failure of the City to take the steps requested by the County pending Superlor.Court resolution shall not be deemed a violation of this agreement; provided, however,.that this shall not release the City fbr damages. or loss to the County arising out of the failure to take such steps if the Court finds that the City violated the requirements to comply with applicable laws set forth in this section. 8.6 City is not held harmless or indemnified with regard to any liability arising under 42 USG (CERCLA) as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA) or as hereafter amended or pursuant to any state legislation imposing liability for cleanup of contaminated property, pollutants or hazardous or dangerous substances. KING CO. SOLID WASTE DIv Zo IX. FORUM By entering into this Agreement, the County and City agree to enter into and execute a Forum Interlocal Agreement. Such agreement shall provide for the establishment of a representative Forum for consideration a•nd /or determination of issues of policy regarding the term and conditions of this Solid Waste Interlocal Agreement. S� l X. COMPREHENSIVE PLAN 10.1 King County is designated to prepare the comprehensive solid waste management plan and this plan shall include the City's Solid Waste Management Comprehensive Plan pursuant to RCW 70.95.080(3). 10.2 The initial comprehensive plan prepared under the terms of this Agreement shall be submitted to the King County Council and the designated interlocal .Forum by .December 31, 1988. The plan shall be reviewed and any necessary revisions proposed at least once every three years following the approval of the Comprehensive Plan by the State Department of Ecology: From the effective date of this Agreement until the 1988 plan is approved, the 1974 Solid Waste Management Plan as approved in 1977 by DOE shall be used to meet the requirements of RCW 70.95.185 as directed by the State Department of Ecology. -King County shall provide services and build facilities in accordance with the adopted Comprehensive Plan. 10.3 The Comprehensive Plan will promote waste reduction and recycling in accordance with Washington State solid waste management priorities pursuant to chapter 70.95 RCW, at a minimum. RING Co. SOLID WASTE DIv 21012 10.4 The comprehensive solid waste management plan will be prepared in accordance with chapter 70.95 RCW and solid waste planning guidelines developed by the Oepartment of Ecology. The plan shall include, but not be limited to: a. Descriptions of and policies regarding management practices and facilities required for handling all waste types; b. Schedules and responsibilities.for implementing policies; c. Policies concerning waste reduction, recycling, energy and resource recovery, collection, transfer, long -haul transport, disposal, enforcement and administration; d. Operational plan for the elements discussed in Item c above. 10.5 The cost of preparation by King County of the Comprehensive Plan will be considered a cost of the system and financed out of the rate base. 10.6 The Comprehensive Plan will be adopted when the following has occurred: a. The Comprehensive Plan is approved by the King Council; and b_ The Comprehensive Plan is approved by Cities representing three- quarters of the population of the incorporated population of jurisdictions that are parties to the Forum Interlocal Agreement. In calculating the three quarters, the 'calculations shall consider only those incorporated jurisdictions taking formal action to approve or disapprove the Plan within 120 days of receipt of the -12- RING CO. SOLID WASTE DIV 2013 Plan. The 120 day time period shall begin to 'run from receipt by an .incorporated jurisdiction of the Forum's recommendation on the Plan, or, if the Forum is unable to make a recommendation, upon receipt of the Comprehensive Plan from the Forum without recommendation. 10.7 Should the Comprehensive Plan be approved by the King County Council, but not receive approval of three- quarters of the Cities acting Plan, and should King County and the Cities be unable to resolve their disagreement, then the Comprehensive Plan shall be referred to the State Department of Ecology and the State Department of Ecology will resolve any disputes regarding Plan adoption and adequacy by approving or disapproving the Comprehensive Plan or any part thereof. 10.8 King County shall determine which .cities are affected by any proposed amendment to the Comprehensive Plan. If any City disagrees with such determination, then the City can request that the Forum determine whether or not the City is affected. Such determination shall be made by a two thirds "majority vote of all representative members of the Forum. 10.9 Should King County and the affected jurisdictions be unable to agree on amendments to the Comprehensive Plan, then the proposed amendments shall be referred to the Department of Ecology to resolve any disputes regarding such amendments. 10.10 Should there be any impasse between the parties regarding Plan adoption, adequacy, or consistency or inconsistency or whether any permits or programs adopted or proposed are consistent with the Comprehensive Plan, then the Department of Ecology shall resolve said disputes. -13- KING CO. SOLID WASTE DIV XI. FORCE MAJEURE The parties are not liable for failure to perform pursuant to the terms of this Agreement when failure to perform was due to an unforeseeable event beyond the control of either party to this Agreement. XII. MERGER This Agreement merges and supersedes all prior negotiations, representation and /or agreements between the parties relating to the subject matter of this Agreement and constitutes the entire contract between the parties except with regard to the provisions of the ForunrInterlocal Agreement. XIII. WAIVER No waiver by either party of any term or condition of this Agreement shall be deemed or construed to constitute a waiver of any other term or condition or of any subsequent breach whether of the same or a different provision of this Agreement. XIV. THIRD PARTY BENEFICIARY This Agreement is not entered into with the intent that it shall' benefit any other' entity or person except those expressly described herein, and no other such person or entity shall be entitled to be treated as a third party beneficiary of this Agreement. -14- If any of-the provisions contained in this Agreement are held illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. IN WITNESS WHEREOF this Agreement has been executed by each party on the date set forth below: CITY DATE: 4 7- /S Pe ds7modelswl K ATTEST C 0 Mo PURSUANT T ITY ATTORNEY DATE: 9- /S-gs” RING CO. SOLID WASTE DIV 2101s XV. SEYERABIL1TY XVI. NOTICE KING COUNTY e4e4o� FOR KI COUNTY AEXECUlyE DATE: NOV 1 5 9GRR PURSUANT TO ORDINANCE NO.74 CLERK ATTEST APPROVED AS TO FORM AND tom' APPROVED AS TO FORM A 1 KING COUNTY DEPUTY PRWCUTING ATTORNEY DATE: 1 p/ s.( -15-