HomeMy WebLinkAboutWORKSHOP Recycling Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Josh Peters, County Administrator
From: Monte Reinders, P.E.
Public Works Director and County Engineer
Agenda Date: September 2,2025
Subject: BoCC Workshop #2 - Recycling Program Privatization
Statement of Issue:
Issues related to Jefferson County's recycling program have been discussed at three regular
meetings of the Solid Waste Advisory Committee(SWAC)between July of 2024 and January of
2025, at two joint public meetings between SWAC and Jefferson County Board of County
Commissioners (BoCC) in March and April of 2025, and at a workshop with BoCC in July of
2025.
At the July 21, 2025 BoCC workshop, BoCC agreed with staff's recommendation to eliminate
tipping fee subsidies, discontinue fee-free drop-off site service, and transition to curbside-only
recycling with mixed-material cart service provided by a Washington Utilities and
Transportation Commission(UTC) licensed hauler with direct payment to the hauler by the
customer. Further, BoCC directed Public Works staff to begin this transition by:
• Notifying the current recycling services contractor that Jefferson County will not extend
the current service agreement and will discontinue drop-off service at the end of the
contract term(March 31, 2026);
• Developing an Operating Agreement with Waste Connections for the operation of
Jefferson County's recycling center; and
• Developing a Level of Service Ordinance that establishes curbside collection options for
recycling customers.
Public Works and Prosecuting Attorney's Office staff have developed the attached proposed
Notice to the current recycling contractor, Operating Agreement with Waste Connections, and
Level of Service Ordinance for BoCC's review.
Recommendation:
Provide feedback and direction to Public Works staff accordingly.
1
Possible next steps include:
• Make a motion authorizing BoCC Chair to sign the attached Notice to the recycling
contractor;
• Direct Public Works staff to bring back an Operating Agreement with Waste Connections
to BoCC as a Consent Agenda item; and
• Direct Public Works staff to bring back a request to BoCC for the publication of a Public
Hearing regarding the adoption of a Level of Service Ordinance for recycling collection.
Department Contact:
Al Cairns, Solid Waste Manager x213
Reviewed By:
-6/g_C
Jos Peters,County Administrator Date
2
„ .
..• .
. .... „........ ....„..„_,..„. „„,..,......
''''' -1'--1!'---.1--;.41;Z't4,!,442' ;',--.----';-----'''''''':--ilk-'''-!--'-----'1::-'''''''- .-'-'4"-i,-*71,1f,t.,,tp:'-':*,-1-1-*-'-'''„ '•!,,.',;'::::::'-'''''.- '-..--'''''''- .„. .
„ ---...--„,„.— ” •...,.......-:--,..
441)'''' ---i'''::,- ..../ .. •-.,liffillt-,-N:.‘;4::,-", •.•;,..i_t4.,.-------
„...„,....,..,.__.,„.,.._.„............._
* - - •-, -•...: " •.'.- 1.4,;4;-ig-tr-!••-•-•;,•:. - - , --?,-"."(--,:-,'",•,--,11.7t.',1,-7.t-,--,,,..,,,, ,,,,,,..„ ,
,-„,,„,,,........,......„..., ,.......,.. .
..„—„„..„„....„;,...„.,..„„,.....„.,•.......
. ..,--,--J,•_,A400-7-..,"-r-2--' -'---,-„•A,!---- 1
v•-,,,i---,7,-A;-''-i-,-,-:--*WT,.--,....,-. ---.......,..:,1--PACE:,--,,,--,,,'-'" •,,,,,..41,-: 1
, .,'`',‘-- 'W. • 0';'''' -•,-,',„,,,,r.-„,,if•--",-0,,..,,i1,-.Q-1,',„-„::,---;,,,,:.,-.1
•:„• - , •,) .•_........... . ...„ . __„.,..,.,-...
I- .„„.„..,.. .-.---..„.,_ „,_„.„.........„....... .
-- - ----• - - -....„—,. - ---,•. ,„-.....- . .
..=„ .. .. .. .
:44,, ..... . . .... = .............. ...„.
_ . . . ..„....„ .„............„...„,..,...,........„ --* '''„ „' •• „ i • '' '* - - ------":'?!.':f. ....E'!]'*.-tiiir''''''''''-''''' .'
'.•.• .'f .7.;• "',„- ii I „ ., ...
..,..."-''1*'.''"•,..,,,,,7...,,,,,,,,... '4„,''''''' ...„—„.
„.,..„.
.. ,.,.N.;,
.. ..
\ .. J-.1-4;,-.-fi';',•'•.,....-•••:'.-' , ...... , ._ ,,.:„..,....c*:- ..*- ,..,..;•;,-;,,,...,,,,,*.-,.:01, 0,..,..,..,.
„..,
Jefferson County's
„..„....,,„,, ,„,•,•_..-...-.,-,,,, ",„,...,„„, ,- • , ••••„,,,,,,,,,,,,,,,,,,,,;,,,,Hgw„.„,„,„...„....4„,,,,,,,..,„,,„„,,,,......„.,.,...,.:,.:...,,,,,,,,,,,,„„,4 ,... , , •.,, •..,..„,,,,,..._, .4.A s';',.1'
41 , , 0,"--, ,,, Itl,'A.---,-'''"' ',• - -•-•',',--•.",,,-.„„,, ,-4".4.1118N-31"-ZIA1,,,,!•01-P-s-0" ,,,s: ,„:-„,..,
•-•-?I4T.:-.0400'41."M"2,',:',-7,-"'"' ' ,:'•--,;„,,,,,,,,ii-
,,,,,-,,,70,4,3-"t,",-,-,15,,,''- ,•-'--- - _ r
__./ _I 1
..}- j_rj Jr
-.•:,.....7.„ ...,,, : -,-,,,... .... ...,
...: • ,
..*:-:-....,.-7.1,s..,, ..,.,.. • _.-- : _11)n .
.....„.....„.„.. :. .. ...._,.„. ... ...
:....„,
AtAr.„,
- ...,...-Imrm.t,t,.. ". '-',.. •
,. ,
— - ' _,‘ , *- .-,-•,,,,-..,,,,?...-.4,-„,,,,,,,,,--...,,, BoCC Workshop #2
.
••• .• ., . . ._ . ..
............... ..
i,.............. - ,........,,
:
''.' .. it.f4.1.ii „oh. ., •---9 %
Ft''..,,,...'-A,,,• ‘••:7't 1.„'„,. •,, ••._ . . , .. ; .. ,•••.-
,,,",•-•'t..•••`-'•:°,,t'-'i -4'-',:t.e.',.. ••••= 41,,,u.0-1,'"141/4;;;Nik. •
1,-;:''''''''"'•• • ""1 *.,.,'-,-*.IPN.; ".:-...7'7'::.,:•:4-,.0.,;'''''',':...";'„'..'1-- • '-'Q.....,4 ••• •,vis4,:.'.; , •• - :•••;‘,./ September 2, 2025
„L„.,.,,....,,,, .4-,,Ak •• ,-----..• ,,---,!,, ,,-. 17: . '',/,;iz' '''1A.. •.4,',0!*"..,1,^1::'. '. -,'.4,-..*.4':ht-'-•,:',,,,-.111111,1k', .--,..",‘,'"..' . ! .,..1".••i...44-:".-,i,!.41!4,•'.''',..,:.-,.,„",g,.,...„:„.....' --4.,,ti • ..-., -,...%„:0,..v., ,;.:,.'N''
.:4,"*,,:;!"),•,,,,,,•:.:3,4.-:,:,...-:•......,,.:,.,-,, ',-,..,,, ,:,, ' 4 .it ' ' .,...-A.17,-;%.... ..,,.-,,,if,,,,,,,,-',:,,,,I,v4zr..-... ..,t, Ali,..,,,,,4„,,, , '-- - ,-,-
...„•-•,,,,, „._,„„..„._ ..-...,.. :4-...1.,,-44.:„.„.":„.,,,4;-".„ .,-;,,,.• _-' '"'"'•-to" - ''''.''''''''''''''' '4's -:. . --''
)
. • „„I,„.., :,,,-.,.',,, •-- --:,-,. ' •,' '''''''''''',7,1.7*;:•.,„:1 .,,,. .4',.:.' 1,46. ,.,,...-,f.,:„..,. . ,y...",...',ss.,
Al Cairns, Solid WasteManager
„..
.
Department of Public Works
— ... A-..„..-•.....--..._.,.
.. ,,..,. .... . ,..,..
''.17';'•'-4',..'''-' ..-...2, . --- .----- .. '''''' ------,, • . .,,,,
,',,,'„,;,,,,'-'•'''"--•'- ' '-,,
,.,• „,„: ,,..
..,,,..••,,..A4A-.L..,1''.:47:7;17,?,:;...4,K.F4:-.
, .,,,„.,,,,,,,„3/4.4,,,,4., ,„,.",; -",r,n 4-44'4:.1'.,t't•".'"'"'
'''''-•-• ••••;:',1-r"''''' '''':-"4''''••••'-'.' •.• 4":;:,c-VM.:,..`'d'-'"•;k:
''-..'.',:...•-•syp. • •- ••••- • • ,
'-f•,";;V.'•?*'0•-77i...,,'",',._, - •-.,-tiet.;-'....,':,,,,,.'•-('
Review Public Process
Proposed Level of Service Ordinance
Agenda VI Proposed Operating Agreement
Next Steps
Questions
September 2,2025 2
H/<::11--------111.111.188.'"?) \oN
4,...z.,
.A'Ca -S e
Review Public
ro ce S S
�_._ . �
, a
-‘'''1 s _
H I 4_0,, ,___:,_.
September 2, 2025 3
,N co
Public Meetings ,i01 `=
• 07/25/24 SWAC Regular Meeting
• 09/25/24 SWAC Regular Meeting
• 01123125 SWAC Special Meeting
• 03/26/25 Joint SWAC & BoCC Special Meeting
• 04/29/25 Joint SWAC & BoCC Special Meeting
• 07121125 BoCC Workshop #1
oN,
'<i ) 0
4, 4
..t.i Proposed
of S
Ordinance
s _
4 t e. ...0
September 2,2025 5
(.
Proposed Level of Service ordinance
„.
.1 -0'
Adding Section 8.10.045 JCC Minimal Level of Service for Residential Recycling
Chapter 8.10
SOLID WASTE REGULATIONS'
Sections:
8.10.010 Authority and purpose.
8.10.015 Adoption by reference.
8.10.020 Applicability.
8.10.021 Determination of solid waste.
8.10.025 Owner responsibilities for solid waste.
8.10.030 Effective dates.
8.10.040 Performance standards.
8.10.050 Solid waste division fees.
8.10.060 Solid waste division public facilities- Hours of operation.
8.10.100 Definitions.
8.10.200 Beneficial use permit exemptions.
8.10.210 Recycling and material recovery facilities.
8.10.220 Composting facilities.
September 2, 2025
„„oN ((,
Proposed Level of Service Ordinance '=
Adding Section 8.10.045 JCC Minimal Level of Service for Residential Recycling
(1 ) Purpose and intent.
(2) Definitions.
(3) Minimum levels of residential curbside recyclables service.
(4) Customer service responsibility and coordinated public outreach programs.
(5) Reporting requirements for residential recyclables collection.
(6) Annual coordinating meeting.
(7) Processing facilities.
(8) Disposal limitations.
(9) County notification of WUTC tariff filings.
(10)Commodity credit.
September 2,2025
N �O
Proposed Level of Service ordinance
�.S'1l1Nl;�l.
Some additional highlights from section 8.10.045 JCC Minimal Level of Service
for Residential Recycling:
• Unincorporated east Jefferson County.
• Residents have choice in level of service: solid waste, recycling, or both.
• Accommodations for residents with limited mobility.
• Washington Utilities and Transportation Commission approve rate structure.
• Low-income discount for qualifying residents.
• Materials collected include cardboard, metal cans, mixed-waste paper, newspaper,
plastics.
• Glass collection provided, at minimum, at 2 drop-off locations.
September 2, 2025
ON
.4 c,,,, 6 .
fr Proposed
4 .i.•6 8 1 ll.I'I*it*%1144%.111 11 CI if.r' Clb '1 Operating
, , s Agreement,..
, , ..;" 1'
'1 •# - �
T
July 21, 2025 9
,kIN
Pro osed OperatingAgreement
, .
ti. •-
LSfjI Nh\L. '
S s
�.
• between Jefferson County and
. — � `.. .;.i ���µ is � R •;
Waste Connections
• Operating Agreement begins on • �' ,; �fi Ti. �`
the Effective Date and terminates , r AN FER STATION "RE1 ,,we�:l'�'" SSING FACILITY. le....::-. `'� "`S.+ ..1 �.
on December 31 , 2036, unless 1� � t � �� ly#��j
F
otherwise terminated or extended
by BoCC .
• Sets forth Waste Connect - ' _ -4-0, .,,,...,,, ..?no
ions & * ' V
County respective responsibilities. _ �� ."::• , .k
• Other standard contract terms, � . ig
including indemnification & r ,1� " Y. 2 ..
insurance provisions �;�• .' .�-.}�}:�:; ,' M, :
.-.-..--.,;..-'..-,..,-;:i., -.:-.‘„,,;;;;44C,..,;,...,k
r d+ ., t 5
w � •
,. .,.._.. .sea
September 2, 2025 10
(00000- 1-11 ) ,N
r),,41 .1pi 6:0 4
—"hole 4
i ri si 1 I 7 ),
4:•� ext
. ..t...b.A4 -
4....x
IS .0.• , .,,4..,
4 ;\\14,4,,,,,,,
:...iit.i..
September 2,2025 11
`l~Uti
Next Steps
II
'S f_/INCiC
Authorize BoCC Chair to sign notice to the recycling contractor that Jefferson
County will not extend the current service agreement and will discontinue
drop-off service at the end of the contract term (March 31 , 2026);
Direct Public Works to finalize a Operating Agreement with Waste
Connections and bring back as a Consent Agenda item; and
Direct Public Works to bring back a request for a Public Hearing (October 6,
2025) on the adoption of a Level of Service Ordinance.
September 2, 2025 12
s 0 N
0
ACc. -‘11:0210
.�, Q
T
September 2, 2025 13
" Department of Public Works 623 Sheridan Street
Port Townsend,WA 98368
Jefferson County, Washington 360-385-9160
sinxc<o
Ryan Wiese
PO BOX 5359
4525 Auto Center Way
Bremerton, WA 98312
September 2, 2025
Mr. Wiese,
Jefferson County remains one of only two counties in Washington State still providing a source-
separated recycling program and has contracted with Skookum Contract Services, now Tessera,
for over 30 years to provide this service. As the industry has transitioned to mixed-material
collection, so too does Jefferson County desire to modernize its recycling program.
This letter provides formal notice that Jefferson County will continue to contract for recycling
services as currently provided by Tessera for the full term of the current recycling services
agreement which ends on March 31, 2026 and will thereafter transition to a mixed-material
collection program provided by the Washington Utilities and Transportation Commission G-Cert
hauler.
Public Works staff are ready to assist with this transition and to affect these changes with the
least impact to Tessera's employees. We are grateful for your partnership and strong working
relationship over the past many years.
Sincerely,
Heidi Eisenhour, Chair
Jefferson County Board of County Commissioners
STATE OF WASHINGTON
County of Jefferson
An Ordinance Establishing Minimum Levels
of Service for Curbside Collection of ORDINANCE NO.
Recyclables for Unincorporated East
Jefferson County and Adopting New Section
8.10.045 to Chapter 8.10 Solid Waste
Regulations of the Jefferson County Code
(JCC)
WHEREAS, the Jefferson County Department of Public Works (Public Works) has
provided recycling services to Unincorporated East Jefferson County residents for over 30 years;
and
WHEREAS, Public Works has contracted with Skookum Contract Services for over 30
years for the collection of recyclable materials from staffed and unstaffed drop off locations across
Unincorporated East Jefferson County and for the processing,marketing and delivery to buyers of
these materials; and
WHEREAS, this service includes the processing, marketing and delivery to buyers of
recyclable materials collected as part of the City of Port Townsend's mandatory curbside recycling
program which is provided by the city's contract waste hauler; and
WHEREAS, recycling customers separate materials into bins according to material type
and this is known in the industry as a"source separated"recycling program; and
WHEREAS, thirty-seven other Washington Counties have transitioned to what is known
in the industry as "single" or "dual stream" collection of recyclable materials because this
collection method is more efficient and gains a higher participation rate; and
WHEREAS, to our knowledge, only Jefferson County maintains unstaffed drop off
locations for recyclables other than glass (in some areas); and
WHEREAS, illegal dumping of garbage at the unstaffed drop off locations has increased
from 26 tons in 2022 to 41 tons in 2024; and
WHEREAS, RCW 70A.205.045 requires that each county and city comprehensive solid
waste management plan includes a contamination reduction and outreach plan (CROP) that
addresses reducing the contamination of materials accepted as part of the recycling program; and
WHEREAS, a 2022 audit of materials from drop-off locations found the contamination
rate as high as 30% in the plastic,tin and aluminum mix; and
WHEREAS, RCW 70A.205.045 does not provide funding for CROP implementation and
an approximate$70,000 was spent on reducing the contamination rate by limiting accepted plastics
to bottles and jugs only and messaging this widely; and
WHEREAS,the CROP campaign produced no reduction in contamination rates; and
WHEREAS,the drop-off locations are for residential use but are frequented by businesses
and contractors which generates frequent customer complaints about over-full bins and which
requires additional servicing of the sites; and
WHEREAS,program costs are partially offset by a grant from the Department of Ecology
and by revenue from the sale of recyclables and a grant from the Department of Ecology; and
WHEREAS, the Department of Ecology grant offsets approximately 20% of program
costs; and
WHEREAS, market values for recyclables decreased drastically with the closure of the
Chinese market in 2017 and have not recovered; and
WHEREAS, high contamination rates further diminish the commodity value, effectively
increasing the program costs; and
WHEREAS, commodity sales offset an additional estimated 26%of program costs; and
WHEREAS,current annual recycling program costs,after grant subsidies and commodity
sales revenue, are estimated at$326,709; and
WHEREAS, the Jefferson County Solid Waste Management Plan prioritizes landfill
diversion activities as Reduction, Reuse and Recycling in descending order of priority; and
WHEREAS, the recycling program accounts for 75% of all landfill diversion activity
costs; and
WHEREAS, currently $13.89 of every per ton transaction at the transfer station is
allocated to subsidize the "free"recycling program; and
WHEREAS,the end of year Solid Waste Enterprise Fund cash reserve balance is projected
at near the minimum balance set forth in Resolution 28 23 which established new fees for garbage
disposal at the County operated waste handling facilities; and
WHEREAS,given the projected end of year cash reserve balance, Public Works is unable
to transfer funds from the Cash Reserve Fund to the Equipment Reserve (Capital)Fund, and
WHEREAS, as of January 1, 2025 the Equipment Reserve (Capital) Fund balance was
$1.8M under the minimum balance set forth in Resolution 28-23 and approximately $3.6 million
under the estimated cost of urgently needed capital repairs at the transfer station; and
WHEREAS, the term of the Recycling Services Agreement with Skookum Contract
Services expires on March 31, 2026, and
WHEREAS, a Request for Proposals for the continued operation of the current recycling
program is likely to produce higher contractor fees that reflect the high rates of inflation that have
been experienced in the last several years and which are ongoing; and
WHEREAS,the continued operation of the current recycling program would require either
an increase to the tipping fee or a reduction in other services or a combination of both in order to
improve the Solid Waste Enterprise Fund cash reserve balance; and
WHEREAS, the combined cost savings of closing the Quilcene Drop Box Facility and
eliminating the Solid Waste Education program, Household Hazardous Waste collection events,
the low-income discount program, the employment program for individuals with intellectual and
developmental disabilities, and the transfer of funds to Public Health in support of responses to
illegal dumping would not offset the current cost of the recycling program; and
WHEREAS,residents in unincorporated east Jefferson County may subscribe for curbside
collection of garbage and recycling through Waste Connections as the Washington Utilities and
Transportation Commission(WUTC)"G-Cert"hauler; and
WHEREAS,rates for curbside collection of garbage and recyclables are set by the WUTC
through a"tariff'; and
WHEREAS, a 2023 survey of transfer station residential self-haul customers found that
the average minimum fee given at which the customer would choose curbside service in favor of
self-hauling was $31.07; and
WHEREAS, the current WUTC tariff for mid-level service for every-other week
collection of garbage and recycling is currently $31.91 per month; and
WHEREAS, Public Works discussed the potential of a low-income discount rate within
the WUTC tariff with the Solid Waste Advisory Committee (SWAC) at the regular SWAC
meeting on January 23, 2025; and
WHEREAS, Engrossed Second Substitute Senate Bill (E2SSB) 5284 was passed in the
2025 State legislative session and this bill obligates single use packaging producers to pay for
recycling programs; and
WHEREAS, E2SSB 5284 does not obligate single use packaging producers to pay for
recycling programs until January 1, 2030 and then only up to 90%of program costs; and
WHEREAS, Public Works has reviewed these issues at regular SWAC meetings on July
25, 2024 and September 26, 2024, a special SWAC meeting on January 23, 2025, at joint SWAC
and BoCC meetings on March 26,2025 and on April 29,2025,and a BoCC Workshop on July 21,
2025, and
WHEREAS, the Jefferson County Solid Waste Management Plan includes as a goal:
"Promote the use of private industry to carry out the components of the solid waste system, if
feasible"; and
WHEREAS, Public Works has now proposed that recycling services be provided to
unincorporated east Jefferson County residents through curbside collection by subscription; and
WHEREAS,Public Works has also proposed that it provides a single drop off area located
behind the scales at the transfer station for customers who are unable to receive curbside service
and that that those customers will be charged the current minimum fee or at the current per ton rate
if the load exceeds the minimum charge weight; and
WHEREAS, Public Works recommends the adoption of a Minimum Level of Service
Ordinance in order to effect the recommended changes to the recycling program;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF JEFFERSON COUNTY, STATE OF WASHINGTON:
Section 1. Whereas Clauses Adopted as Findings of Fact. The Jefferson County Board of
Commissioners hereby adopts the above"Whereas"clauses as Findings of Fact.
Section 2. Purpose. The purpose of this Ordinance is to establish minimum levels of service for
curbside collection of recyclables by haulers operating under a Washington Utilities and
Transportation tariff in unincorporated east Jefferson County.
Section 3. Adopting New Section 8.10.45 JCC. Chapter 8.10 JCC Solid Waste Regulations shall
be amended by adding new section 8.10.045 JCC Minimal Level of Service for Residential
Recycling, as reflected in Exhibit A.
Section 4. Severability. If any section, subsection, sentence, clause,phrase of this Ordinance or its
application to any person or circumstance is held invalid, the remainder of this Ordinance or its
application to other persons or circumstances shall be fully valid and shall not be affected.
Section 5. Effective Date. This Ordinance is effective upon April 1, 2026.
Section 6. SEPA Categorical Exemption. This Ordinance is categorically exempt from the State
Environmental Policy Act under WAC 197-11-800(19).
(SIGNATURES FOLLOW ON THE NEXT PAGE)
APPROVED and ADOPTED this day of ,2025.
JEFFERSON COUNTY BOARD OF
SEAL: COUNTY COMMISSIONERS
Heidi Eisenhour, Chair
Greg Brotherton, Member
Heather Dudley-Nollette, Member
ATTEST: APPROVED AS TO FORM:
Carolyn Gallaway, CMC Date Philip C. Hunsucker
Clerk of the Board Chief Civil Deputy Prosecuting Attorney
EXHIBIT A
Adding New Section 8.10.045 JCC
Minimal Level of Service for Residential Recycling
(1) Purpose and intent.
A. The purpose of this section is to define minimum levels of service for curbside recycling
collection,which shall be provided to households serviced by the solid waste collection
company operating in the unincorporated areas of east Jefferson County.
B. It is the intent of the Jefferson County Board of County Commissioners to:
a. Establish residential recycling programs as an integral component of the
collection of solid waste, incorporating Washington State's goals as set forth in
RCW 70A.205.005,to make source separation of waste a fundamental strategy
and to make recycling at least as affordable and convenient to the ratepayer as
mixed waste disposal;
b. Increase diversion of recyclables from single-family and multi-family residences
in Jefferson County;
c. Make recycling easier and more convenient for residents through use of efficient
collection systems;
d. Retain low-cost strategies to encourage participation; and
e. Encourage the private sector to develop and operate the recycling facilities that
are needed to process and market recyclables collected in unincorporated east
Jefferson County.
(2) Definitions.
For the purposes of this section,certain terms,phrases,and words,and their derivatives,shall have
specific meanings as defined in this section. Terms, phrases, and words used in the singular shall
also apply to the plural. Terms, phrases, and words used in the plural shall also apply to the
singular.
A. "Automated recycling container or cart," means a wheeled, plastic receptacle designated
for the collection of recyclables and designed to be picked up and emptied by mechanical
means into the company's collection vehicle.
B. "Automated Collection" means a route serviced by a vehicle with mechanical means to
pick up garbage and recycling at the customer's residence.
C. "Commodity credit" means the amount of recycling revenue returned to residential
customers from the sale of recyclable materials collected through curbside residential
programs, as required by the Washington Utilities and Transportation Commission.
D. "Recyclable materials" or "recyclables" means those solid wastes that are separated for
recycling or reuse and thus diverted from landfill disposal.
E. "Recycling rate" means the percentage rate achieved by dividing the total tonnage of
recyclables by the sum of the total tonnage of waste disposed added to the total tonnage of
recyclables.
F. "Set-out counts" means the number of residential customers that set-out their recyclables
containers every collection day; or a monthly average of the set-outs as compared to total
number of customers.
G. "Residence"means any residential dwelling receiving solid waste and recycling collection
service where the owner or tenant is billed for solid waste collection service to the dwelling
as an individual unit.This may include,but is not limited to,duplexes,mobile homes within
mobile homes subdivisions, or attached single-family structures such as townhouses, row
houses, or triplexes.
H. "Single-stream collection" means the collection of designated recyclables commingled in
one covered, wheeled container, collected with automated or semi-automated trucks.
I. "Solid waste collection company" means a privately owned solid waste and recycling
transportation company or"hauler",which provides collection services in designated areas
of Jefferson County and is regulated by the Washington Utilities and Transportation
Commission(WUTC)under the provisions of chapter 81.77 RCW. The companies may be
collectively referred to as "certificated haulers" and means every person or his lessees,
receivers, or trustees, owning, controlling, operating or managing vehicles used in the
business of transporting solid waste for collection and/or disposal for compensation over
any public highway whether as a"common carrier" or as a"contract carrier."
J. "Source separation" means the separation of different kinds of solid waste at the place
where the waste originates.
K. "Washington Utilities and Transportation Commission" or "WUTC" means the State
agency which regulates privately owned solid waste collection companies who provide
collection service to the unincorporated areas under a G certificate.
(3) Minimum levels of residential curbside recyclables service.
A. The minimum levels of service for residential curbside collection in unincorporated east
Jefferson County shall include the following:
a. Single-Stream Collection Service.
i. Collection companies shall provide every-other-week (EOW), single-
stream curbside collection of recyclables to all residences that subscribe to
automated curbside solid waste service as a bundled service, provided that
access to the residence by the service vehicle is feasible.
ii. The collection companies shall provide the curbside recycling collection
with all combinations of automated solid waste cart service approved by the
Washington Utilities and Transportation Commission (WUTC) for their
respective certificated areas.
iii. Residents in automated service areas may request curbside recycling service
without having solid waste service at a rate set by the WUTC.
iv. Residents will maintain the choice of whether they want to participate in
recycling collection, regardless of whether they are participating in solid
waste service.
v. The collection services to the customers shall be on the same day as garbage
collection, unless the collection company can demonstrate to the County
that an alternative collection schedule is necessary because of geographic
or development limitations, such as road width or density, that require an
alternative truck system or collection schedule.
1. The hauler shall identify the location of the area affected; the
alternative collection schedule; and the reasons supporting the
alternative.
2. The County shall consider whether the number of customers
affected is minimized; that program participation is not adversely
affected; whether there is substantial cost savings due to the
alternative schedule; whether an alternative collection schedule can
result in higher levels of participation and recycling; and other
information presented by the hauler.
B. Recycling Collection Containers.
a. Collection companies shall provide one wheeled container to each of their
residential customers signed up for curbside collection.
b. Collection companies shall provide residential customers with a choice of either an
approximate 95-gallon cart of and approximate 65-gallon cart with no change in
monthly service fees between the sizes of recycling containers.
c. All containers shall contain, or have attached, information about the proper
preparation of materials and the name and contact information of the certified
hauler. The information may be stamped into the container,on a waterproof sticker,
a combination of both,or some other alternative,which provides the customer with
sufficient permanent information to be able to contact the hauler. If stickers are
chosen, hauler shall provide replacements to all customers in the WUTC service
area when normal aging and weather exposure has made them unreadable.
d. Replacement of the containers necessitated by normal use or by container damage
due to the hauler's negligence shall be the responsibility of the hauler. Replacement
necessitated by container damage or loss due to the customer's negligence shall be
at the customer's expense.
C. Exceptions to Collection Alternatives for Restricted Access or Storage Situations, or for
Residents with Limited Mobility.
a. Criteria. Collection companies shall have a process in place to work cooperatively
with residents to tailor the single-stream recycling collection service to meet the
needs of residents in situations where:
i. Private driveways are inaccessible or incapable of withstanding the weight
of collection trucks and collection of recyclables or garbage cannot be
provided under the approved drive-in rate tariff for such situations;
ii. Because of long, steep and/or winding driveways, a resident would have
difficulty in moving a large recycling container, manually or by vehicle,
from their house to the public access road for collection;
iii. A resident could not provide a storage place to keep recycling or garbage
containers at the end of the driveway close to the public access road;
iv. Truck access or container size is in any way otherwise restricted due to
density and road width or where outside container storage is limited by
homeowners' association covenants; or
v. Residents with special needs, such as physical infirmity or physical
limitations,with no able-bodied person living in the residence to set out the
container, and need reasonable accommodation.
vi. Alternatives: Collection companies shall offer alternatives that suit their
collection system or the particular customer's limitation. The alternatives
may include:
1. A drive-in tariff rate and/or a walk-in tariff rate for those situations
where a recycling truck can negotiate the long-driveway and where
the driveway can support the weight of the truck; and
2. Any other solution mutually agreed to by the customer and the solid
waste collection company per WAC 480.70.366.
vii. Monitoring Alternative Service Options: The Solid Waste Collection
Company shall maintain an updated list of customers who have requested
an alternative collection system, a description of the problem and of the
chosen solution, or how the problem was otherwise resolved, and will
provide an annual list to Jefferson County.
viii. Nothing in this section shall either prevent or require collection companies
from developing a centralized drop-off site in neighborhoods, to be
maintained by the hauler, where such access problems are clustered or
where covenants prevent outside storage of containers.
D. Materials Collected. The following recyclable materials, at a minimum, shall be collected
from residences when properly prepared and meeting the material description as specified.
a. Cardboard. Corrugated cardboard and Kraft paper, including unbleached, unwaxed
paper with a ruffled ("corrugated") inner liner.
b. Metal cans. Tin-coated steel cans and aluminum cans,excluding aerosol spray cans.
c. Mixed-waste paper. Clean and dry paper, including, but not limited to: glossy
papers; magazines; catalogues; phone books; cards; laser-printed white ledger
paper; windowed envelopes; paper with adhesive labels; paper bags; nonmetallic
wrapping paper; packing paper; glossy advertising paper; chipboard, such as cereal
and shoeboxes; juice boxes; and milk-style cartons of the refrigerated variety
(nonrefrigerated products contain aluminum linings).
d. Newspaper. Printed groundwood newsprint, including glossy advertisements and
supplemental magazines that are delivered with the newspaper.
e. Plastics. Bottles and jugs#1-2, including but not limited to: primarily polyethylene
terephthalate (PET - #1), such as soft drink, water, and salad dressing bottles; and
high-density polyethylene (HDPE - #2) such as milk, shampoo, or laundry
detergent bottles; including any bottle with a neck narrower than its base.
E. Glass Collection. The Solid Waste Collection Company shall provide a minimum of two
(2) drop-off locations within the WUTC service area for marketable glass containers and
these locations should provide relative service equity considering the service area and
population centers.
F. Optional Materials. Nothing in this section shall prohibit a hauler from exceeding the
minimum requirements set forth above by collecting additional materials including,but not
limited to, food waste, yard waste, scrap metal, glass, or other materials in the future.
G. Amending the List of Required Materials. Prior to proposing any amendments to the list of
materials to be collected,the County will negotiate and mutually agree upon any proposed
changes to the collected materials list with the haulers.
H. State Accepted Material Standardization. Should the State adopt a standardized list of
material types required for collection; such list will supersede the list included herein.
I. Recycling Collection Rates. Collection companies shall request the WUTC to approve a
rate structure,which includes the costs to implement the modified single-stream residential
curbside recycling program for all solid waste customers contained in in the WUTC service
area. The collection companies shall include the following elements in the tariffs proposed
to the WUTC:
a. A rate structure designed to provide customers with adequate options and incentives
to reduce their level of solid waste collection service as a result of their participation
in waste reduction and recycling programs;
b. The rates shall include the costs of the containers, stickers, collection equipment
and staffing;
c. Collection rates should include a separate delivery service fee equal to or less than
the replacement cost of the bins. This service replacement cost shall not apply to
the first-time delivery of the container, or for the first-time delivery of a smaller
sized container if the smaller size is requested by the customer;
d. Rates should include but are not limited to the haulers' costs for the mutually agreed
upon coordinated public outreach program, monitoring set-out participation, and
any other costs for the data reporting system required by the County;
e. The haulers shall capitalize and amortize the equipment costs as determined by the
WUTC; and
f. The haulers shall provide a low-income discount rate for qualifying residents, said
qualifications and the process for determining eligibility being mutually agreeable
to the haulers and the County.
(4) Customer service responsibility and coordinated public outreach programs.
A. Collection companies shall work with the County to develop and implement a coordinated
public outreach program.
B. Haulers' customer service responsibilities shall include, but are not be limited to:
a. Notifications of new service availability, program sign-up, container delivery, bin
stickers, explanation of rate structure, schedule of collection days and container
replacement information;
b. Delivery of containers within ten days of a request for service with collection
service beginning within thirty-five days of a request;
c. Contact information for the purpose of providing program information and
accepting service complaints clearly shown on the collection equipment, included
in all mailings, and on other publicity materials;
d. A process to resolve participation problems if access to the program is restricted
due to impassable road conditions, other than those occasionally caused by severe
weather situations. If the hauler deems the road conditions are regularly impassable
by collection vehicles,the hauler will work with customers to determine a mutually
agreed upon location for the collection of recyclables, preferably from the nearest
roadway which is accessible by the hauler's collection vehicle;
e. Notification to both new and ongoing solid waste customers of different solid waste
collection service options including cart sizes, frequency, and costs. Hauler shall
notify solid waste customers of the above during phone calls, in billing inserts and
special mailings, on their website and during new service sign up procedures.
Hauler will ensure that website is updated and links to Jefferson County-specific
information are working. The website shall also provide a link to the appropriate
Jefferson County webpage to provide residents with additional waste disposal and
reduction information; and
f. Maintaining a website describing the haulers' services, how to sign-up for the new
program, how to resolve a service complaint,the availability of a low-income rate
and eligibility requirement, and information about drop-off alternatives.
(5)Reporting requirements for residential recyclables collection.
A. Collection companies shall provide the county with regular and accurate reports of data on
all residential recycling collection services as determined necessary by Jefferson County
for evaluating the effectiveness of recycling programs.
B. Residential Curbside Recyclables Collection Program.
a. At a minimum, annual reports will be provided by March 1 St the next calendar year
and shall contain the flowing data,broken down by each month and by certificated
area, including but not limited to:
i. The number of residential solid waste collection customers subscribing to
each level of garbage collection service;
ii. Aggregate tonnage of recyclable materials collected from residential
customers per year;
iii. Recyclables collected per customer expressed as average pounds of
recyclables generated per customer;
iv. Aggregate tonnage of solid waste disposed of from single-family
customers;
v. Log of unresolved customer complaints with summary of measures taken
to resolve any problems;
vi. Any percentage residue amounts or contamination problems reported by
processing facilities if such data are available; and
vii. Summaries of tons and value of single stream materials sold.
(6)Annual coordinating meeting.
The haulers shall meet with the Jefferson County Department of Public Works (Public Works)
representatives annually at a minimum to review program effectiveness,resolve issues,and discuss
any suggested changes to increase efficiency and participation in the curbside program.
(7)Processing facilities.
Solid waste collection companies shall use processing facilities that have obtained all applicable
local, state, and federal permits.
(8) Disposal limitations.
The haulers shall not under any circumstances dispose of marketable recyclables by landfilling or
incineration except due to market disruptions and upon consent of the Public Works.
(9) County notification of WUTC tariff filings.
A. Whenever a collection company files a proposed tariff revision for solid waste and
recyclables collection rates with the WUTC, the collection company shall simultaneously
provide the County with copies of the proposed tariff submitted to the WUTC.
B. After tariffs are approved by the WUTC, the collection company shall notify the County
of the approved rates and the effective dates.
(10) Commodity credit.
RCW 81.77.185 requires the Utilities and Transportation Commission allow solid waste collection
companies collecting recyclable materials to retain up to fifty percent (50%) of the revenue paid
to the solid waste collection companies for the material if the companies submit a plan to the
WUTC that is certified by the appropriate local government authority as being consistent with the
local government solid waste plan and that demonstrates how the revenues will be used to increase
recycling. Public Works shall review a plan upon submittal and determine consistency with the
Jefferson County Solid Waste Management Plan and whether the plan will increase recycling rates.
OPERATING AGREEMENT FOR
THE JEFFERSON COUNTY RECYCLING CENTER
This Operating Agreement(all terms in bold are defined below) is between the County and the
Waste Connections.
WHEREAS, RC W 36.58.040 states:
A county may construct,lease,purchase,acquire,add to,alter,or extend solid waste
handling systems,plants,sites,or other facilities and shall have full jurisdiction and
authority to manage, regulate, maintain, utilize, operate, control, and establish the
rates and charges for those solid waste handling systems, plants, sites, or other
facilities. A county may enter into agreements with public or private parties to: (a)
Construct,purchase,acquire,lease,add to,alter, extend,maintain,manage,utilize,
or operate publicly or privately owned or operated solid waste handling systems,
plants, sites, or other facilities; (b) establish rates and charges for those systems,
plants, sites, or other facilities; (c)designate particular publicly or privately owned
or operated systems, plants, sites, or other facilities as disposal sites; (d) process,
treat,or convert solid waste into other valuable or useful materials or products; and
(e) sell the material or products of those systems, plants,or other facilities.
and,
WHEREAS, the County currently contracts for the collection of recyclable materials at drop-off
locations in East Jefferson County and for the processing, marketing, and delivery of these
materials to buyers with funding for these services derived from the fees charged for garbage
disposal at County-owned and operated solid waste handling facilities; and,
WHEREAS,the recycling services agreement includes the lease of the County-owned Recycling
Processing Center; and,
WHEREAS,the term of the recycling services agreement expires March 31, 2026; and,
WHEREAS, the Jefferson County Solid Waste Management Plan includes as a goal: "promote
the use of private industry to carry out the components of the solid waste system, if feasible"; and,
WHEREAS, the Board of Commissioners has determined that recycling services should be
delivered by the private sector; and,
WHEREAS, Waste Connections is the only private sector waste hauler in East Jefferson County
authorized by the Washington Utilities and Transportation Commission to collect residential
recyclables,
WHEREAS, Waste Connections will offer residential curbside collection of recyclable materials
in accord with the Level of Service Ordinance adopted by the Board of Commissioners on [date];
and,
WHEREAS, Waste Connections will bill customers directly for such service; and,
1
WHEREAS,rates for the various service options in the Level of Service Ordinance are determined
by the Washington Utilities and Transportation Commission; and,
WHEREAS, the Board of Commissioners has determined that it would benefit residential
recycling customers and lower the recycling program's carbon footprint were Waste Connections
to utilize the County-owned Recycling Processing Facility rather than transporting the materials
to the nearest alternate processing facility in Port Angeles; and,
NOW THEREFORE IT IS AGREED:
1 PURPOSES OF THIS OPERATING AGREEMENT.
The purpose of this Operating Agreement is to ensure the continued availability, use and
maintenance of the recycling processing facility;
2 DEFINITIONS.
2.1 "Recycling Processing Facility" means the approximate 1.6 acres of County-owned
property as shown in Exhibit A and the buildings and infrastructure there-in that are used
for the processing and storing of recyclable material prior to delivery to buyers.
2.2 "Board of Commissioners"means the Jefferson County Board of Commissioners.
2.3 "The County" means Jefferson County, Washington, a municipal corporation and a
political subdivision of the State of Washington.
2.4 "Public Works Director" means the person responsible for the Jefferson County
Department of Public Works.
2.5 "Waste Connections" means the private corporation which provides residential curbside
recycling services in East Jefferson County under a Tariff issued by the Washington
Utilities and Transportation Commission.
2.6 "Tariff' means the document issued by the Washington Utilities and Transportation
Commission that defines customer options such as bin sizes and collection frequency and
the rates for such service options that Waste Connections is allowed to charge customers.
2.7 "Washington Utilities and Transportation Commission"means the agency responsible
for regulating utility and transportation sectors in Washington State.
2.8 "Recycling Processing Facility"means the property, utility services, buildings and other
infrastructure owned by the County within the area shown in Exhibit A.
2.9 "Environmental Law" means any federal, state or local statute, regulation, code, rule,
ordinance,order,judgment,decree,injunction or common law pertaining in any way to the
protection of human health or the environment, including without limitation,the Resource
Conservation and Recovery Act, the Comprehensive Environmental Response,
2
Compensation and Liability Act, the Toxic Substances Control Act, and any similar or
comparable state or local law.
2.10 "Hazardous Substance" means any hazardous, dangerous or toxic wastes, materials, or
substances as defined in state or federal statutes or regulations as currently adopted or
hereafter amended, and includes without limitation petroleum oil and any of its fractions.
2.11 "Losses"means,without limitation: (a)the cost of any investigation,removal,remedial or
other response action that is required by any Environmental Law, that is required by
judicial order or by order of or agreement with any governmental authority, or that is
necessary or otherwise is reasonable under the circumstances;(b)Losses for injury or death
of any person; and, (c)Losses arising under any later-enacted Environmental Law.
2.12 "Operate"means engaging in Operations at the Recycling Processing Facility.
2.13 "Operations"means temporary storage, sorting,baling,and loading of accepted materials
at the Recycling Processing Facility.
2.14 "Operating Agreement" means this Operating Agreement for the Recycling Processing
Facility.
2.15 "Operations Plan" means a description of the process for material throughput, fire and
emergency responses and protocol, and the location of emergency response equipment.
2.16 "Parties"means the parties to this Operating Agreement.
2.17 "Party"means one of the Parties.
2.18 "Policies"means more than one Policy.
2.19 "Section"means a section of this Operating Agreement.
3 TERM OF OPERATING AGREEMENT.
This Operating Agreement begins on the Effective Date and terminates on December 31, 2036,
unless otherwise terminated or extended by the Board of Commissioners. If this Operating
Agreement is not renewed, expiration shall be automatic.
4 RESPONSIBILITIES OF WASTE CONNECTIONS.
4.1 Waste Connections shall submit to the County an Operations Plan for the Recycling
Processing Facility no later than sixty (60) days prior to the commencement of this
Operating Agreement.
4.2 Waste Connections shall secure all necessary permits for the operation of the Recycling
Processing Facility.
4.3 Waste Connections operations shall include the storage, processing and market delivery
of accepted materials from Jefferson County, and other regional customers at Waste
3
Connections' discretion, provided that service to Jefferson County customers is
prioritized.
4.4 Waste Connections shall pay all costs and expenses related to the use of the Recycling
Processing Facility for the purposes described in Section 1, including, but not limited to,
permit fees, utilities, labor, and maintenance and repair costs.
4.5 Waste Connections shall purchase all specialized equipment necessary for the operation of
the Recycling Processing Facility (E.g., baler, front end loader, trailers, etc.) and shall
retain ownership of such equipment.
4.6 The County will provide no property upkeep or maintenance services.Waste Connections
shall be responsible for all costs to keep the facility in good working order including items
such as roof repair and replacement, asphalt repair, septic system repair and maintenance,
etc.
4.7 The Public Works Director or their designee may authorize Waste Connections to
improve,modify,or expand buildings and infrastructure where such modifications improve
operations. Waste Connections will do so at its own cost and such improvements,
modifications, or expansions shall remain the property of the County.
4.8 Waste Connections shall employ such persons as necessary to carry out its operations. In
doing so,Waste Connections shall comply with all State and Federal Laws and regulations
dealing with employee and contracted service.
4.9 Waste Connections shall manage the risks and hazards associated with Recycling
Processing Facility operations in a manner satisfactory to the Public Works Director or
their designee. Waste Connections shall specifically manage for risks associated with the
use and maintenance of the Recycling Processing Facility,including but not limited to the
identification and mitigation of building and facility hazards.
4.10 Waste Connections shall operate the Recycling Processing Facility in compliance with
all federal, state, and local laws,regulations and any permits issued thereunder.
4.11 Waste Connections shall keep the Recycling Processing Facility free and clear of any
liens and encumbrances arising from its actions pursuant to this Operating Agreement
and its use of the Recycling Processing Facility.
4.12 No modifications may be made to the facilities, infrastructure or other property located at
the Recycling Processing Facility without the written approval of the Public Works
Director or their designee. This Section shall not apply to maintenance or minor repairs
performed by Waste Connections.
4.13 Waste Connections must receive prior written approval by the County of any proposed
changes in Operation of the Recycling Processing Facility. Failure to do so may result in
termination of this Operating Agreement at the discretion of the County.
4
4.14 Waste Connections shall notify the County in writing within 24 hours if Waste
Connections becomes aware that it is acting or operating in alleged violation of any local,
state, or federal law or permit.
5 RESPONSIBILITIES OF THE COUNTY.
5.1 The County shall provide Waste Connections with access to the Recycling Processing
Facility in as-is condition, free of liens or encumbrances.
5.2 The County shall facilitate the transition between the current contract recycler and Waste
Connections.
5.3 The County shall give public notice of the change in drop-off area and respond to public
feedback on changes to the service.
5.4 The County shall make necessary traffic revisions to preclude the general public from
facility access.
6 FUNDING BY THE COUNTY.
6.1 The County shall provide no direct or indirect funding of the Operation.
7 LIMITED LICENSE IN SUPPORT OF OPERATING AGREEMENT.
7.1 Waste Connections shall have a license to use the Recycling Processing Facility, solely
for the purposes outlined in Section 1.
7.2 Waste Connections acknowledges that this Operating Agreement does not transfer,
grant,or convey to it any ownership interest,title,or easement in the Recycling Processing
Facility.
7.3 The County reserves the mineral and timber rights associated with the Recycling
Processing Facility.
8 EFFECTIVE DATE.
This Operating Agreement shall become effective when signed by the last Party.
9 PUBLIC HEALTH AND ENVIRONMENTAL PROTECTION.
9.1 Waste Connections shall operate the Recycling Processing Facility in compliance with
all federal, state, and local laws,regulations and any permits issued thereunder.
9.2 Waste Connections hereby agrees to indemnify, defend,and hold harmless, and to waive,
release and discharge the County from any and all present or future claims or demands,
and any and all damages, Losses, injuries, liabilities, causes of actions (including, without
limitation,causes of action in tort)costs and expenses(including,without limitation,fines,
penalties or judgments, and attorneys' fees) of any and every kind or character, known or
unknown, which Waste Connections might have asserted or alleged against the County
5
arising from or in any way related to the alleged presence, use, storage, generation,
manufacture, transport, release, leak, spill, disposal or other handling of any Hazardous
Substances in, on, or at the Recycling Processing Facility. In addition, Waste
Connections shall indemnify,defend and hold the County harmless from and against any
Losses arising out of or related to: (i) any exacerbation of any condition of the Recycling
Processing Facility;and,(ii)the cost of any cleanup of the Recycling Processing Facility.
PROVIDED, however, that nothing in this subsection is intended to cover Hazardous
Substances in existence at the Recycling Processing Facility prior to April 1, 2026, the
date the Waste Connections began Operations at the Recycling Processing Facility.
10 APPLICABLE LAW.
It is understood and agreed that this Operating Agreement is entered into in the State of
Washington. This Operating Agreement shall be governed by and construed under the laws of
the United States,the State of Washington and the County of Jefferson,as if applied to transactions
entered into and to be performed wholly within Jefferson County, Washington between Jefferson
County residents. No Party may argue or assert that any state law other than Washington law
applies to the governance or construction of this Operating Agreement.
11 DISPUTES.
The Parties agree to use their best efforts to prevent and resolve disputes before they escalate into
claims or legal actions.Any disputed issue not resolved under this Operating Agreement shall be
submitted in writing within 10 days to the Public Works Director. If any dispute cannot be
resolved between Waste Connections and the Public Works Director the dispute shall be
forwarded to the County Risk Manager, whose decision in the matter shall be final, but shall be
subject to judicial review. If either Party deem it necessary to institute legal action or proceeding
to enforce any right or obligation under this Operating Agreement, each Party in such action
shall pay for its own attorney's fees and court costs. Any legal action shall be initiated in the
Superior Court of the State of Washington for Jefferson County. The Parties agree that all
questions shall be resolved by application of Washington law and that the Parties have the right
of appeal from such decisions of the Superior Court under the laws of the State of Washington.
Waste Connections consents to the personal jurisdiction of the Superior Court of the State of
Washington for Jefferson County.
12 INDEMNIFICATION.
12.1 Waste Connections shall defend, indemnify and hold the County, its officers, officials,
employees, agents and volunteers (and their marital communities) harmless from any
claims, injuries, damages, losses or suits, including attorney's fees, arising out of or
resulting from the acts, errors or omissions of Waste Connections in performance of this
Operating Agreement, except for injuries and damages caused by the sole negligence of
the County.
12.2 Should a court of competent jurisdiction determine this Operating Agreement is subject
to RCW 4.24.115 if liability for damages occurs arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of Waste
6
Connections and the County,its officers,officials,employees,agents and volunteers(and
their marital communities), Waste Connection's liability, including the duty and cost to
defend, shall be only for Waste Connection's negligence.
12.3 It is further specifically understood that the indemnification provided constitutes the Waste
Connection's waiver of immunity under Industrial Insurance,Title 51 RCW,solely for the
purposes of this indemnification. This waiver has been mutually negotiated by the Parties.
12.4 This Section shall survive the expiration or termination of this Operating Agreement.
13 INDEPENDENT CONTRACTOR.
13.1 Waste Connections is an independent contractor regarding the services provided under
this Operating Agreement.
13.2 Waste Connections is not an agent, an employee or a servant of the County.
13.3 Waste Connections specifically has the right to direct and control Waste Connection's
own activities and all of its employees, agents and representatives in providing the agreed
services in accordance with the specifications set out in this Operating Agreement.
13.4 Waste Connections acknowledges that there is no direct or indirect compensation for this
Operating Agreement and that Waste Connections is not entitled to any County benefits,
including,but not limited to:retirement,vacation pay;holiday pay;sick leave pay;medical,
dental or other insurance benefits;fringe benefits;or any other rights or privileges afforded
to County employees.
13.5 Should any governmental agency audit the files of and request information on either Party,
each Party agrees to furnish immediately the requesting Party with any records,including
tax returns, relating to the services rendered under this Operating Agreement.
14 INSURANCE REQUIREMENTS.
14.1 Waste Connections shall obtain and keep in force during the terms of the Operating
Agreement or as otherwise required, the following insurance with companies or through
sources approved by the State Insurance Commissioner pursuant to Chapter 48 RCW and
on a form acceptable to the Jefferson County Risk Manager.
14.2 The County shall be named on all certificates of insurance as an additional insured. The
certificates of insurance shall cover the activities specified in or performed under this
Operating Agreement. Waste Connections shall provide to the County the full text of
any endorsement listed solely by its name, number, or title (as opposed to the full text of
said endorsement).
14.3 Any coverage for third party liability claims provided to the County by a "Risk Pool"
created pursuant to Ch.48.62 RCW shall be non-contributory with respect to any policy of
insurance Waste Connections must provide to comply with this Agreement. All policies
7
provided by Waste Connections in order to comply with the insurance requirements of
this Operating Agreement must be endorsed to show this primary coverage.
14.4 If the proof of insurance or certificate indicating the County is an "additional insured"to
a policy obtained by Waste Connections refers to an endorsement (by number or name)
but does not provide the full text of that endorsement,then it shall the obligation of Waste
Connections to obtain the full text of that endorsement and forward that full text to the
County.
14.5 Upon Waste Connection's failure to comply with all provisions of this Operating
Agreement relating to insurance, the County may terminate this Operating Agreement
in a manner consistent with this Operating Agreement.
14.6 The coverage limit for any insurance purchased to provide coverage for damage to property
owned by Waste Connections at the Recycling Processing Facility shall be in an amount
not less than the replacement value of Waste Connection-owned property, including but
not limited to structures and infrastructure on the Recycling Processing Facility.
14.7 All insurance shall be obtained from an insurance company authorized to do business in
the State of Washington.
14.8 Waste Connections shall submit a certificate of insurance as outlined above within 14
days of the execution of this Operating Agreement to the County.
14.9 No cancellation of the foregoing policies shall be effective without thirty (30) days prior
notice to the County.
14.10 The following types of insurance shall be maintained by Waste Connections for its
Operations at the Recycling Processing Facility.
14.11 Worker's Compensation(Industrial Insurance).
14.11.1.1 Waste Connections shall maintain workers' compensation insurance at its
own expense, as required by Title 51 RCW, for the term of this Agreement
and shall provide evidence of coverage to Jefferson County Risk
Management, upon request.
14.11.1.2 The worker's compensation insurance shall be cover all employees with
limits meeting all state and federal laws. This coverage shall be include
Employer's Liability with limits meeting all state and federal laws.
14.11.1.3 Waste Connections expressly waives by mutual negotiation all immunity
and limitations on liability, regarding the County, under any industrial
insurance act, disability benefit act, or other employee benefit act of any
jurisdiction which would otherwise apply in the case of such claim.
14.11.1.4 If the County incurs any costs to enforce this subsection, all cost and fees
may be recoverable from Waste Connections.
8
14.12 Commercial Automobile Liability Insurance. Waste Connections shall obtain bodily
injury and property damage liability coverage for all owned and non-owned vehicles
assigned to or used in the performance of the work for a combined single limit of not less
than $1,000,000 per occurrence in connection with Waste Connection's performance of
the Operating Agreement, including coverage for:
14.12.1.1 Owned Automobiles;
14.12.1.2 Hired Automobiles,and;
14.12.1.3 Non-owned Automobiles.
14.13 General Commercial Liability Insurance.Waste Connections shall obtain general liability
coverage in an amount not less than a single limit of one million dollars ($1,000,000.00)
per occurrence and an aggregate of not less than two million dollars($2,000,000)for bodily
injury, including death and property damage, unless a greater amount is specified in the
contract specifications. The insurance coverage shall contain no limitations on the scope
of the protection provided and include the following minimum coverages:
14.13.1.1 Broad Form Property Damage,with no employee exclusion;
14.13.1.2 Personal Injury Liability, including extended bodily injury;
14.13.1.3 Broad Form Contractual/Commercial Liability - including: completed
operations;
14.13.1.4 Premises - Operations Liability (M&C);
14.13.1.5 Independent Contractors and subcontractors; and,
14.13.1.6 Blanket Contractual Liability.
14.13.1.7 Said general commercial liability policy shall name the County as an
additional insured and shall include a provision prohibiting cancellation or
reduction of coverage of said policy except upon thirty (30) days prior
written notice to the County. Certificates of coverage as required by this
Section shall be delivered to the County within thirty (30) days of
execution of this Operating Agreement.
14.14 Waste Connections shall not Operate on or use the Recycling Processing Facility
without the forgoing insurance provisions being fully satisfied.
14.15 The County may, upon the Waste Connection's failure to comply with any or all
provisions of this Operating Agreement terminate said agreement.
14.16 If the proof of insurance or certificate indicating the County is an "additional insured" to
a policy obtained by Waste Connections refers to an endorsement (by number or name)
but does not provide the full text of that endorsement, then it shall be the obligation of
9
Waste Connections to obtain the full text of that endorsement and forward that full text to
the County.
14.17 All insurance policies obtained by Waste Connections in order to comply with this
Section shall be primary and non-contributory as against any coverage for third party
liability claims obtained and retained by the County through Ch. 48.62 RCW"Risk Pool."
14.18 It is agreed by the Parties that insurers shall have no right of recovery or subrogation
against the County (including its employees and other agents and agencies), it being the
intention of the Parties that the insurance policies so affected shall protect both Parties
and be primary coverage for any and all losses covered by the above described insurance.
14.19 The insurance maintained by Waste Connections under this Operating Agreement shall
not in any manner limit or qualify the liabilities or obligations of Waste Connections under
this Operating Agreement.
14.20 Waste Connections shall not Operate on or use the Recycling Processing Facility
without the forgoing insurance provisions being fully satisfied.
15 HARASSMENT AND DISCRIMINATION PROHIBITED.
15.1 Any form of harassment, discrimination, or improper fraternization with any County
employee is strictly prohibited.
15.2 Waste Connections shall not discriminate against any person in performance of Waste
Connection's responsibilities under this Operating Agreement or in the selection and
retention of employees or procurement of materials or supplies on the basis of age, sex,
marital status, sexual orientation, religion, creed, race, color, national origin, honorably
discharged veteran or military status, or the presence of any sensory, mental, or physical
disability or the use of a trained dog guide or service animal by a person with a disability,
unless based upon a bona fide occupational qualification.
16 NO ASSIGNMENT.
No Party shall assign its rights under this Operating Agreement, unless done in writing and
approved by the other Party.
17 MODIFICATION.
This Operating Agreement may be modified during the term of this Operating Agreement only
by mutual agreement of the Parties, which shall be appended to this Operating Agreement.
18 TERMINATION.
18.1 This Operating Agreement may be terminated by any Party for cause upon providing the
other Party with written notice thirty(30)days prior to the date of termination. The written
notice of termination must explain the reason for termination, if any.
10
18.2 After receipt of a notice of termination, and before termination, the Party in receiving the
notice of termination may cure the defect, if any, or make the case for why this Operating
Agreement should not be terminated. The Party issuing the notice of termination may
consider the case by the other Party and may continue with the termination or rescind the
termination notice. If the termination notice is rescinded this Operating Agreement shall
continue in force for the full term.
18.3 Either Party may notify the other Party of an alleged default and the Party allegedly in
default shall have twenty (20) days to cure same. The period to cure the default may be
extended by mutual agreement.
19 ENTIRE AGREEMENT. This Operating Agreement memorializes the entire Agreement
of the Parties and all parts of this Operating Agreement are contained herein. The Parties
agree that:
19.1 No representation or promise not contained in this Operating Agreement has been made.
19.2 They are not entering into this Operating Agreement based on any inducement, promise
or representation, expressed or implied, which is not contained in this Operating
Agreement.
19.3 This Operating Agreement supersedes all prior or simultaneous representations,
discussions,negotiations,and Operating Agreements,whether written or oral,within the
scope of this Operating Agreement.
20 SECTION HEADINGS.
The headings of the Sections of this Operating Agreement are for convenience of reference only
and are not intended to restrict, affect, or be of any weight in the interpretation or construction of
the Sections or this Operating Agreement.
21 LIMITS OF ANY WAIVER OF DEFAULT.
No consent by either Party to, or waiver of, a breach by either Party,whether express or implied,
shall constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach by
either Party.
22 NO ORAL WAIVER.
No term or provision of this Operating Agreement will be waived by either Party,and no breach
excused by either Party,unless such waiver or consent is in writing signed on behalf of the Party
against whom the waiver is asserted. Failure of a Party to declare any breach or default
immediately upon the occurrence thereof, or delay in taking any action in connection with, shall
not waive such breach or default.
11
23 ORDER OF PRECEDENCE.
If there is an inconsistency in this Operating Agreement,or between its terms and any applicable
statute or rule, the inconsistency be resolved by giving precedence in the following order: (a)
Applicable state statutes and rules; (b) local laws and rules; and, (c) case law.
24 SEVERABILITY.
Provided it does not result in a material change in the terms of this Operating Agreement, if any
provision of this Operating Agreement or the application of this Operating Agreement to any
person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of
this Operating Agreement and the application this Operating Agreement shall not be affected
and shall be enforceable to the fullest extent permitted by law.
25 SURVIVAL.
Those provisions of this Operating Agreement that by their sense and purpose should survive the
term of this Operating Agreement shall survive the term of this Operating Agreement. Without
limiting the generality of the preceding sentence, and for the avoidance of doubt, the provisions
that survive the term of this Operating Agreement include: (a) controlling law; (b) insurance;
and, (c) indemnification.
26 PROVISIONS REQUIRED BY LAW ARE ADDED.
Any provision of law and any clause required by law to be in this Operating Agreement are made
a part of this Operating Agreement and shall be read and enforced as though they were they were
included in this Operating Agreement and as if omitted by mistake, if ever any such provision or
clause is not included, or is not correctly inserted, this Operating Agreement shall be amended
to add or correct such clause forthwith upon the request of any Party to another Party.
27 BINDING ON SUCCESSORS,HEIRS AND ASSIGNS.
This Operating Agreement shall binding upon and inure to the benefit of the Parties' successors
in interest,heirs and assigns.
28 NO THIRD-PARTY BENEFICIARIES.
The Parties do not intend, and nothing in this Operating Agreement shall be construed to mean,
that any provision in this Operating Agreement is to benefit any person or entity who is not a
Party.
29 SIGNATURE IN COUNTERPARTS.
This Operating Agreement may be executed in one or more counterparts, each of which shall be
deemed an original, and all of which counterparts together shall constitute the same instrument
which may be sufficiently evidenced by one counterpart. Execution of this Operating Agreement
at different times and places by the Parties shall not affect the validity of this Operating
Agreement, so long as all the Parties execute a counterpart of this Operating Agreement.
12
30 FACSIMILE AND ELECTRONIC SIGNATURES.
The Parties agree that facsimile and electronic signatures shall have the same force and effect as
original signatures.
31 ARMS-LENGTH NEGOTIATIONS.
The Parties agree this Operating Agreement has been negotiated at arms-length, with the
assistance and advice of competent, independent legal counsel.
32 MAINTENANCE OF RECORDS.
32.1 Each Party shall maintain books, records, documents and other evidence that sufficiently
and properly reflect all direct and indirect costs expended by either to perform this
Operating Agreement. These records shall be subject to inspection, review or audit by
personnel of both Parties, other personnel duly authorized by either Party, the Office of
the State Auditor, and federal officials so authorized by law.
32.2 All books, records, documents, and other material relevant to this Operating Agreement
shall be retained for six years after expiration the Operating Agreement. The Office of
the State Auditor, federal auditors, the Jefferson County Auditor, and any persons duly
authorized by the Parties shall have full access and the right to examine these materials
during this period.
32.3 If any litigation, claim or audit is started before the expiration of the six (6) year period,
the records shall be retained until all litigation, claims, or audit findings involving the
records have been resolved.
32.4 Records and other documents, in any medium, furnished by one Party to this Operating
Agreement to the other Party, shall remain the property of the furnishing Party, unless
otherwise agreed.
33 PUBLIC RECORDS ACT.
33.1 Notwithstanding any provisions of this Operating Agreement to the contrary,to the extent
any record, including any electronic, audio,paper or other media, must be kept or indexed
as a public record under the Washington Public Records Act,Chapter 42.56 RCW(as may
be amended), Waste Connections agrees to maintain all records constituting public
records and to produce or assist the County in producing such records, within the time
frames and parameters in state law.
33.2 Waste Connections also agrees that upon receipt of any written public records request,
Waste Connections shall, within two business days, notify the County by providing a
copy of the request per the notice provisions of this Operating Agreement.
33.3 This Operating Agreement, once executed, becomes a "public record" subject to
production to a third Party if it is requested under the Washington Public Records Act,
Chapter 42.56 RCW(as may be amended).
13
34 ATTACHMENTS.
Any document in this Operating Agreement identified as an attachment is part of this Operating
Agreement and is incorporated by reference into this Operating Agreement.
35 REFERENCE TO SECTIONS IN THIS OPERATING AGREEMENT.
Any reference to a section in this Operating Agreement is a reference to a Section of this
Operating Agreement, unless clearly stated to the contrary.
36 NOTICES.Notices shall be given at these addresses and contact points:
Jefferson County Board of County Waste Connection Info
Commissioners
PO Box 1220
Port Townsend, WA 98368
(SIGNATURES FOLLOW ON NEXT PAGE)
14
JEFFERSON COUNTY WASHINGTON WASTE CONNECTIONS
Board of County Commissioners
Jefferson County, Washington
By: By:
Greg Brotherton, Commissioner Date Signature
By: Name:
Heather Dudley-Nollette, Commissioner Date
Title:
By: Date:
Heidi Eisenhour, Commissioner Date
SEAL:
ATTEST:
Carolyn Gallaway, CMC Date
Clerk of the Board
Approved as to form only:
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
15
•
f
- - EXHIBIT A V;% ' ._...i4i.:404„,,,,....-:-, ,,.,,,,...,i,-,,,,,A- .•-..n' v.,., 44. . :iy.*1 7 d''..64.1%; ''''%.1 ..*
•
, _ 1 r;,. .
,. ,
• ° ''� SS x 1 y--• .� ,°' " 1 A S E2 STATION ' •.� • i4 is E,lija
au 1'
•
►4
• t S 4 f'S,L
r
l'.. 4 . d • • F ,•'F,• •I A„At •; a .i •t f ;.. .eft}
•
tut A
- - breTr* i'4•1‘, ----..t-1*k.* --
4A
4
9'RR .T f Tit
{ y
' ` 1.., , .....^4`x s.« � y�a > ._.._8 `z, \a:i f n....'.. 24.:,.r;> - L �K.� � 4~rr
+1 d-
1 6