HomeMy WebLinkAboutR-2003-054 Yakima County Solid Waste Interlocal AgreementRESOLUTION NO. 2003 -54
A RESOLUTION authorizing the City Manager of the City of Yakima to
execute a "Solid Waste Interlocal Agreement" with Yakima
County for the purpose of designating Yakima County to
prepare a Solid Waste Management Plan on behalf of the
City of Yakima.
WHEREAS, RCW 70.95.080 requires Yakima County, in cooperation with
various cities located within the County, to prepare a coordinated,
comprehensive solid waste management plan; and
WHEREAS, Yakima County is requesting that the City of Yakima enter
into the attached "Solid Waste Interlocal Agreement" whereby, pursuant to RCW
70.95.080(3), Yakima County shall be designated to prepare a Solid Waste
Management Plan ("SWMP") on behalf of the City; and
WHEREAS, the City Council deems it to be in the best interest of the City
of Yakima to execute the attached Solid Waste Interlocal Agreement, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the
attached and incorporated "Solid Waste Interlocal Agreement' with Yakima
County for the purpose of designating Yakima County to prepare a Solid Waste
Management Plan on behalf of the City of Yakima.
ADOPTED BY THE CITY COUNCIL this 15th day of April, 2003.
ATTEST:
City Clerk
Place, Mayor
SOLID WASTE INTERLOCAL AGREEMENT
This Agreement is entered into between Yakima County, a political subdivision of the State of
Washington andcyc KitvgiTa municipal corporation of the State of Washington,
hereinafter referred to)as "unty" and "City" respectively.
PREAMBLE
This Agreement is entered into pursuant to Chapter 39.34 RCW for the purpose of cooperative
management of solid waste in Yakima 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, incineration, or landfilling of separated waste; and landfilling of
mixed wastes. The parties acknowledge their intent to meet or surpass applicable environmental
standards with regard to the solid waste system.
I. DEFINITIONS
For purposes of this Agreement the following definitions shall apply:
"Landfill" means a disposal facility or part of a facility at which waste is placed in or on land and
which is not a land treatment facility, as that term is defined in and may be modified by
amendment to RCW 70.95.030.
"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,
as that term is defined in and may be modified by amendment to RCW 70.105.010.
"Solid Waste" means all putrescible and nonputrescible solid and semi-solid 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, as that term is defined in and may be
modified by amendment to RCW 70.105.010.
"Solid Waste -Advisory Committee" or-SWAC means a group formed pursuant to RCW
70.95.040 — .070 and comprised of representatives of unincorporated Yakima County,
incorporated cities and towns, industry and businesses appointed by the Board of Yakima County
Commissioners.
"Solid Waste Management Plan" means the coordinated comprehensive plan for solid waste
management and updates as required by RCW 70.95.080.
"System" means all facilities for solid waste handling owned, operated or contracted for by the
County, and all administrative activities related thereto.
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"Waste Recycling" means reusing waste materials and extracting valuable materials from a waste
stream.
"Waste Reduction" means reducing the amount or type of waste generated but shall not include
red-uctinn through --energy recovery incineration.
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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 in RCW 70.95.030, and as Moderate Risk Waste in RCW
70.105.010.
III. TERM
This Agreement shall become effective on date of signing by the City and remain in effect for a
period of 20 years.
IV. APPROVAL AND FILING
Pursuant to RCW 39.34.050, 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, the Clerk of the Board of Yakima County Commissioners, the
Yakima County Auditor, and the Secretary of State of the State of Washington.
V. REVIEW AND RENEGOTIATION
5.1 Either party roes request review and/or renegotiation of any provision of his Agreement
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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. 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 -(fl-ow)-control or -diversion -unless agreed to m wi "ting by both parties_ _
5.3 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.
VL WITHDRAWAL
In the event, following unsuccessful discussion between or among the parties, that a party that
has requested review and/or renegotiation of any provision of this Agreement pursuant to Section.
V determines it is in that party's best interest to terminate its participation in and withdraw from
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the Agreement, for any reason, then that party may withdraw from the remaining term of the
Agreement after final satisfaction and completion of the following two conditions: first, that the
withdrawing party must have prepared and gained approval from the Department of Ecology of
its own Solid Waste Management Plan pursuant to RCW 70.95 and related provisions, and
including each of the elements identified in Section 9.3 of this Agreement; and second, that the
withdrawing party must enter into a written agreement with the County that the withdrawing
party will remain responsible to the County for, and will continue to pay to the County when
due, the withdrawing party's share of System costs, capital and operating, during the remaining
term of this Agreement.
VII. GENERAL OBLIGATIONS OF THE PARTIES
7.1 YAKIMA COUNTY
a. Management. Yakima County shall (1) provide county -wide solid waste
management services for waste generated and collected within jurisdictions which are parties to
this Agreement and (2) designate disposal facilities for all Solid Waste and Moderate Risk Waste
. generated and/or collected within the corporate limits of the City.
b. Planning. Yakima County shall serve as the planning authority within Yakima
County for Solid Waste and Moderate Risk Waste, but shall not be responsible for planning for
hazardous or dangerous waste or any other planning responsibility that is specifically delegated
by State or Federal statute.
c. Operation. Yakima County, directly or by its designee, shall be the operating
authority for County transfer, processing and disposal facilities (including public landfills, waste
reduction or recycling facilities and energy resource recovery facilities) and shall have closure
and post -closure responsibilities for landfills which are operated by Yakima County.
d. Collection Service. Yakima 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.
e. Support and Assistance. Yakima County shall provide limited 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 may
- develop educational materials -related to waste reduction and recycling, Moderate Risk Waste,
and strategies for maximizing the usefulness of the materials and will make any such materials
available to the City for its use.
f. Facilities and Services. All personal and real property acquired by Yakima
County for solid waste management system purposes shall be the property of Yakima County.
7.2 CITY
a. Collection. The City shall be responsible for solid waste collection within the
City's corporate limits.
b. Disposal. The City shall (1) designate the System for the disposal of all Solid
Waste generated and/or collected within the City and (2) authorize the County to designate
disposal_ facilities for the disposal of all Solid Waste including Moderate Risk Wastes, generated
Collected
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or Collected wi him Life corporate limits of U1 % ALy, except lot Solid vv a� a which is eliminated
through Waste Reduction or Waste Recycling activities consistent with the Solid Waste
Management Plan. No Solid Waste generated or collected within the City may be diverted from
the System without County approval.
c. Compliance. All waste generated or collected from within the corporate limits of
the City which is delivered to the System for disposal shall be in compliance with RCW 70,95
and all other federal, state and local environmental health laws, rules or regulations.
VIII. 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
resolution rates necessary to recover all costs of operating the System, including without
limitation the costs of waste planning, handling, processing, disposal, defense and payment of
claims, capital improvements, operational improvements, and the closure and post -closure of
landfills which are or were operated by Yakima County or for which the County is responsible.
The SWAC will provide comments or recommendations to the County in considering system or
rate modifications.
IX. SOLID WASTE MANAGEMENT PLAN
9.1 Yakima County is designated to prepare the Solid Waste Management Plan (SWMP) and
updates, including the incorporated areas of the County pursuant to RCW 70.95.080(3).
9.2 The Solid Waste Management Plan will promote waste reduction and recycling goals that
meet or exceed the Washington State Solid Waste Management priorities pursuant to Chapter
70.95 RCW.
9.3 The Solid Waste Management Plan will be prepared in accordance with Chapter 70.95
RCW and solid waste planning guidelines developed by the Department 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. The designation of disposal site(s) for all Solid Waste collected within the
incorporated and unincorporated areas of the County.
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e. Capital facilities and infrastructure element.
9.4 The cost of preparation by Yakima County of the Solid Waste Management Plan will be
considered a cost of the System and financed out of disposal rates.
X. UNCONTROLLABLE CIRCUMSTANCES
The parties are not liable for failure to perform pursuant to the terms of this Agreement when
failure to perform was due to an Uncontrollable Circumstance. "Uncontrollable Circumstance"
means any act, event or condition that has had or may reasonably be expected to have a material
adverse effect on the rights or obligations of a party to this Agreement, if that act, event or
condition is beyond the reasonable control of the party relying thereon as justification for not
performing an obligation or complying with any condition required of that party under this
Agreement.
Those acts, events or conditions are the following:
a. An act of God, hurricanes, tomadoes, epidemic, landslide, lighting, earthquake,
volcano eruption, nuclear radiation, fire or explosion, extreme flooding or other extreme and
atypical weather condition, an act of public enemy, war, blockade, insurrection, riot, general
arrest, or restraint of government and people, civil disturbance or similar occurrence, that directly
affects the System;
b. Failure of any appropriate federal, state or local agency or public or private utility
having operational jurisdiction in the County, to provide and maintain and assure the
maintenance of any necessary utility;
c. Appeals by third parties of permits necessary for the construction and/or operation
of the System;
d. A change in law that specifically affects the processing of Solid Waste or
Moderate Risk Waste;
e. Any strike or labor dispute.
XI. COMPLETE AGREEMENT
This Agreement 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. Any changes or revisions to this Agreement shall be in writing and
authorized by both parties.
XII. 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.
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AVE. NOTICE
IN WITNESS WHEREOF this Agreement has been executed by each party on the date set forth
below:
CITY:
ity Manag=
City Contract No. 2003-38/Resolution No. R-2003-54
DATE:
BOARD OF YAKIMA COUNTY
COMMISSIONERS:
esse S. Palacios, Chairman
Ronald F. Gamache, Commissioner
ATTEST: ATTEST:t
zilL) )/u
� •WO,°
Clerk Carla M. Ward, Clerk of the Board
APPROVED S TO FORM tANl1 APPROVED AS TO FORM:
LEGALITY:
City Attorney Yakima County Prosecuting Attorney
DATE:
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ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. tP
For Meeting Of April 15, 2003
Resolution Authorizing Execution of Solid Waste Interlocal Agreement with
Yakima County
Chris Waarvick, Director of Public Works
Nancy Fortier, Refuse and Recycling Manager
CONTACT PERSON/TELEPHONE: Nancy Fortier, 576-6421
SUMMARY EXPLANATION:
Yakima County Public Works, Solid Waste Division has requested that the Yakima City
Council adopt the attached Solid Waste Interlocal Agreement (ILA). The ILA is offered
pursuant to Chapter 39.49 RCW for the purpose of cooperative management of solid waste in
Yakima County. Yakima County is designated to prepare a Solid Waste Management Plan on
behalf of the City of Yakima with the City of Yakima working cooperatively in establishing the
Solid Waste Management Plan in the same manner that has been the practice for over 10
years. The previous Interlocal Agreement expired in August of 2001.
The attached Resolution authorizes the City Manager and Yakima City Clerk to execute the
Interlocal Solid Waste Agreement with Yakima County.
Resolution X Ordinance Contract Other (Specify) Solid Waste Interlocal Agreement
Funding Source
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Pursuant to the possible direction from City Council at the
Study Session of April 15, 2003, staff provides the attached resolution for City Council
approval to execute the Interlocal Solid Waste Agreement with Yakima County.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Resolution adopted. RESOLUTION R-2003--54