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HomeMy WebLinkAboutUtilities 2011-03-01 Item 2B - Discussion - Solid Waste and Recycling Services Update �.r1 IL,q J w o City of Tukwila l Vava Jim Haggerton, Mayor 90 INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Utilities Committee FROM: Public Works Director DATE: February 21, 2011 SUBJECT: Solid Waste and Recycling Services Update ISSUE Update the Council on solid waste and recycling service activities. BACKGROUND /DISCUSSION Several solid waste and recycling service initiatives and activities are scheduled in 2011 and early 2012. Some of the initiatives will require Council action later this year. This memo provides a brief summary and an estimated timeline of each activity. 1. City's Solid Waste, Recyclables, and Yard Waste Collection Contract 2012 Solid Waste, Recyclables, Yard waste Collection Contract. The procurement process to select a solid waste hauler and develop a new solid waste and recyclables contract has begun. A schedule of major milestones is provided in Attachment 1. Annual Residential Recycling Event May 31, 2011 Annual Curbside Collection Event June 2011 Fall Collection Event October 2011 2. Regional Solid Waste Management King County Solid Waste Rate Study. The King County Solid Waste Division is currently preparing a rate analysis and rate adjustment ordinance. The rate adjustment will increase disposal fees from the current $95 per ton to a rate to be determined by March 11, 2011. The current rate will not support the expenses of the solid waste disposal system beyond 2011. Both curbside garbage subscribers and self haulers will be affected by the rate increase. Comprehensive Solid Waste Management Plan. The preliminary draft 2009 Comprehensive Solid Waste Management Plan will soon go through the 120 -day Plan adoption process. The Plan presents strategies for managing King County's solid waste and recycling over the next 6 years, with consideration for the next 20 years. Staff anticipates release of the Plan for review and adoption this Fall. Solid Waste lnterlocal Agreement (ILA). 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 ILA's grant King County Solid Waste Division ownership and responsibility for the transfer stations, two rural drop boxes, and the Cedar Hills Landfill. In turn, cities provide local solid waste services and direct their municipal wastes generated and /or collected within their boundaries to the County transfer and disposal system. Member cities and KCSWD are currently engaged in discussions to W:\PW Eng \PROJECTS1Solid Waste\Infomation Memo -Solid Waste Recycling Services Update gl- sb.doc INFORMATIONAL MEMO Page 2 collaboratively develop a new ILA that would ensure the long term stability of rates, services and infrastructure. Completion of the final ILA is expected by the end of 2011. A copy of the current ILA is provided in Attachment 2. Secure Medicine Return Bill. Unused and improperly disposed of drugs (prescription and over the counter) remain a threat to public safety and to the environment. There are two bills (SB 5234 and HB 1370) that have been introduced in the Legislature to provide a safe and convenient statewide collection and disposal of leftover medicines. Passage of the bills would require pharmaceutical companies to provide and finance a convenient and safe return and disposal program for unwanted prescription and over the counter medicines. Attachment 3 provides an overview of the two bills. RECOMMENDATION Present to the Utilities Committee for information. Attachments: 2012 Solid Waste, Recycling, and Yard Waste Collection Contract Task Schedule Interlocal Agreement 2011 Secure Medicine Take -Back Bill Policy Overview W:IPWENG1Projects\Solid Waste\Info Memo -Solid Waste Contract Update SOLID WASTE, RECYCLING, AND YARD WASTE COLLECTION CONTRACT Task Schedule (As of February 16, 2011) EVENT /TASK DATE COMMENTS Develop and Publish RFQ February 11, 2011 Done Response to RFQ Due February 23, 2011 Done Evaluate RFQ(s) and Conduct Interviews (if required) March 4, 2011 Select Consultant March 11, 2011 Negotiate Consultant Contract March 18, 2011 Consultant Contract to UC March 29, 2011 Consultant Contract to COW April 11, 2011 Consultant Contract to Regular Council April 18, 2011 Award Contract and Issue NTP April 19, 2011 Develop Survey Conduct Needs Assessment Public Meeting May -June 2011 1 -2 Meetings Develop RFP /RFB July 2011 Advertise RFP /RFB August 2011 RFP /RFB Due September 2011 Evaluate RFP /RFB Submissions September 15, 2011 Negotiate Contract/Select Responsible /Responsive Hauler September 30, 2011 Negotiations Omitted if RFB 2012 Solid Waste Recycling Contract to Utilities Committee October 11, 2011 2012 Solid Waste Recycling Contract to COW October 24, 2011 2012 Solid Waste Recycling Contract to Regular Meeting November 7, 2011 Award 2012 Solid Waste Recycling Contract and Issue Notice to Proceed. November 8, 2011 If new hauler, must mobilize containers and issue pamphlets by Contract Execution Mid -April 2012 third week of April 2012. ATTACHMENT 1 KING CO. SOLID WASTE DIV Solid Waste Interlocal Agreement This Agreement is entered into between King County, a political subdivision of the State "of Washington and the City of rpkwila a municipal corporation of the State of Washington, hereinafter referred to as "County" and "City" respectively. This agreement has been authorized byr legislative body of each jurisdiction pursuant to formal action as designatpa below: King County: Motion No. 7143 City: 11MJG11 v 1,J�ku), roux a Sept 6, /911 by '1'1°170 T ctthc c! c cJ PREAMBLE This Agreement is entered into pursuant to chapter 39.34RCW 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 landfilling. 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. KING CO. SOLID WASTE DIY Llaa7. 1. DEFINITIONS For purposes of this Agreement the following definitions shall apply: "Basic Services" means services provided by the King County Department of- Public Works, Soiid_Waste Division, including the management and handling of solid waste. "Comprehensive Solid. Waste Management Plan" means the comprehensive. plan for solid waste management as required by RCW 70.95.080. i. "Designated Interiocai 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 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 Z 003 of using the heat of combustion of solid waste that involves high temperature (above 1,200 degrees F) processing." ('WAC 173 34.100). "Moderate Risk .Waste" means "(a) any waste that 'exhibits any of the characteristicsaf 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) "Sol id 'Waste" means all putrescible ar.d nonputrescible solid and seniispl id 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 35.58,040, and .as established pursuant to the approved King County Comprehensive Solid Waste Management Plan. "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 sha11'not include reduction through energy recovery or incineration. -3- KING CO. SOLID WASTE DIV "Landfill" means "a disposal facility or part of a facility at which waste placed in or on land and which is not a land treatment facility." (Rai 70.95.030) I1. PURPOSE The purpose of thls.Agreement.is, ta. 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. III. DURATION J This Agreement shall.become effective on July 1, 1988; and shall remain in effect through June 30,.2028. 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 Kirg County Council and with the Secretary of State of the State Of Washington, -4- KING CO. SOLID WASTE DIY tJ OOS V. REVIEW AND RENEGOTIATION 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 bi'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 reouest, 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 InterlocalAgreement creating the Forum and pursuant to the Forum's bylaws.. The, written decision of the Forum shall be advisory to the parties. 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- RING CO. SOLID 'TASTE DIV ig1aog VI. GENERAL OBLIGATION OF PARTIES 6.1 KING COUNTY a. Nanaaement. 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 authority 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. Oggration. 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. -6- KING CO. SOLID WASTE DIY z- 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 w aste 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 ancF recycling shall be 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. Collection. 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 the City's corporate limits. b. tlisnosal. The City shall by ordinance designate the County disposal system for the disposal of all solid waste including moderate risk waste generated -7- KING CO. SOLID WASTE DIV Q008 and /or collected within the corporate limits of the City and shall••authoriza the County to designate disposal sites for the disposal of all solid waste including moderate risk waste generated or collected within the corporate limits• of the City, except solid waste which fs eliminated through waste reduction Waste recycling activities consistent with the Comprehensive Solid_ Waste Management Plan. Htio solid waste generated or collected within the .City may be diverted from the designated disposal sites without County—approval. YII. 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, process4.ng, 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 ardinance..shall establish rates far 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 su:h defense of the City, the -8- KING CO. SOLID }f:.STL 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 frg'n within the .corporate limits of the City which is delivered to the syste,f for disposal shall be in compliance with the resource conservation and recovery act, as amended (42 U.S.C. 6902 et seq.), RC+d 70.95, King County Board of Health Pules and Regulations No. 8, and all other applicable federal, state and local environmental health laws, rules or regulations. KING CO. SOLID WASTE DIV CO ulo 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 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 R the waste and disposing of .itAan approved facility. If, in good faith, the City disagrees with th C oun t y regarding the violation, 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 Superior. Court resolution shall not be deemed. a•violation of this agreement; provided, however, that this shall not release the City for 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 4Z USC g 9601 4675 (CERCLA) as amended by the Superfund Amendments and Reauthorization Act of 1486 (SARA) or as hereafter amended or pursuant to any state legislation imposing liability for cleanup of contaminated property, pollutants or hazardous or dangerous substances. -10- KING CO. SOLID WASTE DIY 0011_ 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. X. COMPREHENSIVE PLAN 10.1 King County is designated to prepare the comprehensive solid waste .management ..p1 an and this plan shall include the City`s So1 id 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 3I,. 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 unti 1 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 70.95.1B5 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. -11- RING CO. SOLID WASTE DIV X1012 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 responsibil i ties. 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 farthe•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 Man will be adopted when the. following has occurred: a. The Comprehensive Plan is approved by the King,County 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- KING CO. SOLID ilASTE DIV C2013 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 recorrrnendation. 10.7 Should the Comprehensive Plan be approved by the King County Council, but not receive approval of three- quarter's of the Cities acting on 'the Plan, and should King County and the Cities be unable to resolve their disagreement, then the Comprehensive Plarr 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 resolveary 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 ere consistent with the Comprehensive Plan, the the Department of Ecclo;y shall resolve said disputes. -13- KING CO. SOLID WAS DI t O14 X1. 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 relatfng to the subject matter of this Agreement and constitutes the entire contract between the parties except with regard to' the provisions of the Forum Interlocal Agreement.. X1II. WAIVER No waiver by either party of •any term or condition of this Agreement shall be deemed or construed 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. XIY. 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 shad be entitled to be treated as a third party beneficiary of this Agreement. -14- RING CO. SOLID W..5TE DIV Q01.5 X'I. SEYERABILITY If any of•the provisions contained in this Agreement are held illegal, invalid or unenforceable, the remaining provisions shall remain in full farce and effect. XYI. NOTICE IN WITNESS WHEREOF this Agreement has been executed by each party on the date set forth below: CITY KING COUNTY i"' r I z FOR IIAYQW Cy COUNTY. tXECU 9'E PATE: g- /s- Pr DATE: NOV 15 14RR PURSUANT T a M ot� o 1 PURSUANT TO ORDINANCE NO.7 /a 9 o n 4 47 Pe oci f ue-li ed. K A TT EST��� C IERK ATTEST APPROVED AS TO FORM AND tE4Attlf APPROVED AS 1O FORM l ITY ATTORNEY KING COUNTY DEPUTY PR ECUTING ATTORNEY DATE: 9- /5 DATE: ii 1 P/eY i cis )model s►,i1 -15- take back s, Famllles Protect our Kld �YOUR r and Environment 2011 Secure Medicine Take -Back Bill Policy Overview Prime sponsors: Senator Adam Kline (37 Representative Kevin Van De Wege (24 SB 5234 and HB 1370 require drug producers selling medicines in Washington to provide and finance a convenient and safe return and disposal program for unwanted prescription and over the counter medicines. What medicines are "covered drugs" under the bill? Prescription and over the counter medicines that people use in their homes. Includes legally prescribed controlled substances (such as OxyContin, Ritalin, Vicodin, Valium, stimulants). Exempted: over the counter drugs that are regulated as cosmetics like toothpaste, sunscreen, and medicated shampoos; homeopathic remedies; and biologic drugs that already have a take -back program. Who can use the program? Residents, hospice services, boarding homes, schools, foster care, day care. Who Pays? Primarily financed by drug producers selling covered drugs in Washington, as part of doing business. Requires no state funds; budget neutral to the state. Who runs the program? The WA Medicine Return Association, a non profit that is managed and financed by drug producers. Not a government -run program. What is the Medicine Return Association responsible for? Providing drop -off collection sites 1 per county plus 1 per city with pop. over 10,000 (114 sites in WA). Providing pre -paid mailers if drop -off sites not available in a specific county or city. Providing a website, toll -free number, and materials for use by pharmacies and others. Paying for collection containers, supplies, transportation (including law enforcement escort if required), disposal, promotion, state agency oversight, and program administration. Not required to pay for staff time at voluntary collection sites. What will it cost? Total costs cannot exceed $2.5 million per year— or less than two pennies per container of prescription and over the counter drugs sold, and less than 0.07% of the $4 billion in annual medicines sales in WA. The Association assesses costs to each drug producer selling covered drugs, estimated at 500 companies. Where are collection sites and how are controlled substances collected? Voluntary at pharmacies, law enforcement offices, hospitals, fire stations, as allowed by state and federal regulations for handling covered drugs. New DEA rules to expand the locations allowed to take back controlled substances developed by 2012. BiII does not require the program to start in WA until 2014. How will the collected drugs be destroyed? By high temperature incineration at a properly permitted facility. Who will oversee the program? WA Board of Pharmacy approves and licenses. WA Association of Sheriffs and Police Chiefs consults on security measures. WA Dept. of Ecology consults on environmentally sound disposal. Learn more about medicine take -back at www.TakeBackYourMeds.org For questions about the 2011 legislation, please contact Margaret Shield, Local Hazardous Waste Management Program, 206 265 -9732 or margaret.shield @kingcounty.gov.