Loading...
HomeMy WebLinkAboutAdopted LOS Ordinance Updated Final (REDLINE)1 STATE OF WASHINGTON County of Jefferson In the Matter of Adopting An Ordinance Establishing Minimum Levels of Service for Curbside Collection of 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) ORDINANCE NO. _______________ 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 collection company; 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, Jefferson County maintains unstaffed drop off locations for recyclables other than glass; and WHEREAS, unstaffed drop-off locations attract illegal dumping which has increased from 26 tons in 2022 to 41 tons in 2024 adding additional cost to the recycling program; 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 ranging between 3% and 61%; and WHEREAS, additionally, RCW 70A.205.045 does not provide funding for CROP implementation and Jefferson County spent an approximate $70,000 dollars in 2021 on reducing the contamination rate by limiting accepted plastics to bottles and jugs only; and 2 WHEREAS, despite these efforts, the CROP campaign produced no reduction in contamination rates and high contamination rates further diminish the commodity value, effectively increasing the program costs; and WHEREAS, drop-off locations are for residential use, but are frequented by businesses and contractors, which generates frequent customer complaints about over-full bins and requires additional servicing of the sites; and WHEREAS, over the years, program costs have been partially offset by 20% due to a grant from the Department of Ecology; and WHEREAS, program costs have also been offset by an additional 26% due to revenue generated from the sale of recyclables; however, market values for recyclables decreased drastically with the closure of the Chinese market in 2017 and have not recovered; and WHEREAS, current recycling program costs, after grant subsidies and commodity sales revenue, are estimated at $326,709 annually; and WHEREAS, the Jefferson County Solid Waste Management Plan prioritizes landfill diversion activities as Reduction, Reuse and Recycling in descending order of priority, nevertheless, the recycling program accounts for 75% of all landfill diversion activity costs; and WHEREAS, funding for the recycling program is derived from the fees charged for garbage disposal and the amount of subsidy for the program can be described as$13.89 of every per ton transaction; and WHEREAS, 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, Public Works operates several other programs that would be impacted significantly or ended entirely in order to continue subsidizing the current recycling program, including but not limited to 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, and, even then, Public Works would still not have sufficient funds to continue subsidizing the current recycling program; and 3 WHEREAS, only 903 or 7.4% of an estimated 12,162 residences outside of Port Townsend currently subscribe for curbside recycling; and WHEREAS, rates for curbside collection of garbage and recyclables are set by the WUTC through a “tariff”; 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 will require a low-income discount rate within the WUTC tariff; 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 but does not obligate single use packaging producers to pay for recycling programs until January 1, 2030, and even 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, special SWAC meetings on January 23, 2025 and October 1, 2025, at joint SWAC and BoCC meetings on March 26, 2025 and on April 29, 2025, and BoCC Workshops on July 21, 2025, and September 2, 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 recommends recycling services be provided to unincorporated east Jefferson County residents through curbside collection by subscription; and WHEREAS, Public Works recommends it provide a single drop off area located behind the scales at the transfer station for customers who are unable to receive curbside service and 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 it continue to provide a south county drop off area at the Quilcene Rural Drop box for customers who are unable to receive curbside service and to adjust the fee schedule to include this service; 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; WHEREAS, the Jefferson County Board of County Commissions held a public hearing on November 3, 2025, and having carefully considered all of the information and public testimony before it, find it is in Jefferson County’s best interest to adopt Public Works’ recommendations regarding the current recycling program; 4 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 the collection company 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 shall be effective on 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) 5 APPROVED and ADOPTED this _________ day of _________, 2025. SEAL: ATTEST: ______________________________ Carolyn Gallaway, CMC Date Clerk of the Board JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS ______________________________ Heidi Eisenhour, Chair ______________________________ Greg Brotherton, Member ______________________________ Heather Dudley-Nollette, Member APPROVED AS TO FORM: ______________________________ Philip C. Hunsucker Chief Civil Deputy Prosecuting Attorney 6 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 (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: (i) 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; (ii) Increase diversion of recyclables from single-family and multi-family residences in Jefferson County; (iii) Make recycling easier and more convenient for residents through use of efficient collection systems; (iv) Retain low-cost strategies to encourage participation; and, (v) 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. (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. 7 (d) “Jefferson County” or “county” means Jefferson County, Washington, a municipal corporation and a political subdivision of the State of Washington. (e) “Recyclable materials” or “recyclables” means those solid wastes that are separated for recycling or reuse and thus diverted from landfill disposal. (f) “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. (g) “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. (h) “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. (i) “Single-stream collection” means the collection of designated recyclables commingled in one covered, wheeled container, collected with automated or semi- automated trucks. (j) “Solid waste collection company” or “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 under the provisions of chapter 81.77 RCW. More than one collection company may be referred to as “collection companies,” or “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 disposal for compensation over any public highway whether as a “common carrier” or as a “contract carrier.” (k) “Source separation” means the separation of different kinds of solid waste at the place where the waste originates. (l) “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: 8 (i) Single-stream collection service. (ii) The collection company 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. (iii) The collection company shall provide the curbside recycling collection with all combinations of automated solid waste cart service approved by the WUTC for their respective certificated areas. (iv) Residents in automated service areas may request curbside recycling service without having solid waste service at a rate set by the WUTC. (v) Residents will maintain the choice of whether they want to participate in recycling collection, regardless of whether they are participating in solid waste service. (vi) 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. (A) When proposing an alternative schedule, the collection company shall identify the following information: (I) Location of the area affected; (II) Alternative collection schedule; and, (III) Reasons supporting the alternative. (B) When considering an alternative schedule, the county shall consider the following information: (I) Whether the number of customers affected is minimized; (II) Whether program participation is adversely affected; (III) Whether there is substantial cost savings due to the alternative schedule; (IV) Whether an alternative collection schedule can result in higher levels of participation and recycling; and, (V) Any other information presented by the collection company. (b) Recycling collection containers. The collection company shall comply with all of the following requirements for collection containers: 9 (i) The collection company shall provide one wheeled container to each of their residential customers signed up for curbside collection; (ii) The collection company shall provide residential customers with a choice of either an approximate 95-gallon cart of an approximate 65-gallon cart with no difference in monthly service fees between the sizes of recycling containers; (iii) All containers shall contain, or have attached, information about the proper preparation of materials and the name and contact information of the certified collection company. 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 collection company. If stickers are chosen, the collection company shall provide replacements to all customers in the WUTC service area when normal aging and weather exposure has made them unreadable; (iv) Replacement of the containers necessitated by normal use or by container damage due to the collection company’s negligence shall be the responsibility of the collection company. 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, storage situations, and residents with limited mobility. The collection company 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 one or more of the following situations exist: (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) Due to long, steep, 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 10 (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. (d) The collection company shall offer alternatives that suit their collection system or the particular customer’s limitation. The alternatives may include any of the following: (i) A drive-in tariff rate and 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; or, (ii) Any other solution mutually agreed to by the customer and the collection company. (e) Monitoring alternative service options. The collection company shall maintain data on number of requests for 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 report to Jefferson County. No individual personal identifiers (such as customer name or specific address) shall be included in this report. (4) Centralized drop-off site. Nothing in this section shall either prevent or require the collection company from developing a centralized drop-off site in neighborhoods, to be maintained by the collection company, where such access problems are clustered or where covenants prevent outside storage of containers. (5) Materials collected. The following recyclable materials, at a minimum, shall be collected from residences when properly prepared and meeting the material description as specified below. (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). 11 (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. (6) Glass collection. The 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. (7) Optional materials. Nothing in this section shall prohibit a collection company 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. (8) 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 collection company. (9) 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. (10) Recycling collection rates. The collection company shall request the WUTC 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 the WUTC service area. The collection company shall include all of 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 12 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 collection company’s 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 collection company shall capitalize and amortize the equipment costs as determined by the WUTC; and, (f) The collection company shall provide a low-income discount rate for qualifying residents, with qualifications and process for determining eligibility being mutually agreeable to the collection company and the county. (11) Customer service responsibility and coordinated public outreach programs. (a) The collection company shall work with the county to develop and implement a coordinated public outreach program. (b) The collection company’s customer service responsibilities shall include, but are not be limited to: (i) Notifications of new service availability, program sign-up, container delivery, bin stickers, explanation of rate structure, schedule of collection days and container replacement information; (ii) Delivery of containers within ten (10) days of a request for service with collection service beginning within thirty-five (35) days of a request; (iii) 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; (iv) 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 collection company deems the road conditions are regularly impassable by collection vehicles, the collection company 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 collection company’s collection vehicle; (v) Notification to both new and ongoing solid waste customers of different solid waste collection service options including cart sizes, frequency, and costs. The collection company shall notify solid waste customers of the 13 above during phone calls, in billing inserts and special mailings, on their website and during new service sign up procedures. The collection company will ensure that website is updated and links to county-specific information are working. The website shall also provide a link to the appropriate county webpage to provide residents with additional waste disposal and reduction information; and (vi) Maintaining a website describing the collection company’s 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. (12) Reporting requirements for residential recyclables collection. (a) The collection company shall provide the county with regular and accurate reports of data on all residential recycling collection services as determined necessary by the county for evaluating the effectiveness of recycling programs. (b) Residential curbside recyclables collection program. At a minimum, annual reports will be provided by March 1st 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. (13) Annual coordinating meeting. Any contracted collection company shall meet with the county’s Department of Public 14 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. (14) Processing facilities. The collection company shall use processing facilities that have obtained all applicable local, state, and federal permits. (15) Disposal limitations. The collection company shall not, under any circumstances, dispose of marketable recyclables by landfilling or incineration except due to market disruptions and upon consent of the county’s Department of Public Works. (16) 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 immediately notify the county of the approved rates and the effective dates. (17) Commodity credit. (a) RCW 81.77.185 requires the WUTC allow a collection company collecting recyclable materials to retain up to fifty percent (50%) of the revenue paid to the collection company for the material if the collection company submits 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. (b) 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.