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HomeMy WebLinkAbout111521cabs01 Department of Public Works County Administrator Briefing 1:30 PM Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Mark McCauley, Interim County Administrator From: Monte Reinders, Public Works Director/County Engineer Agenda Date: November 15, 2021 Subject: Port of Port Townsend Request Statement of Issue: The Port of Port Townsend has formally requested that the County vacate the Moderate Risk Waste Facility (MRWF) located in the Port of Port Townsend Boat Haven (see attached map). Both a governing Interlocal Agreement and Lease Agreement would need to be extinguished by the BoCC and Port of Port Townsend Commissioners in order to allow for vacating the facility. Analysis/Strategic Goals/Pro's Et Con's: A briefing paper is attached. Fiscal Impact/Cost Benefit Analysis: Early termination of the Lease Agreement in 2022 would cause the County to forgo twenty-five (25) years of the Agreement's value. New facility construction costs are estimated at a minimum $1,000,000.00 based on costs for MRWF's constructed in WA state since 2017. Recommendation: Participate in a workshop with the Board of County Commissioners for November 15, 2021 Department Contact: Al Cairns X213 Reviewed By: 7/14 i //// Mark McCaule tterim County A strator ate Y'L�titi rr'r• _ 623SheridanStreet Department of Public Works Port Townsend, WA 98368 = Jefferson County, Washington 360-385-9160 BRIEFING PAPER Port of Port Townsend Request November 8, 2021 Introduction The Jefferson County Department of Public Works (County) presently operates a Moderate Risk Waste Facility (MRWF) in an area of the Port of Port Townsend Industrial Park & Boat Haven. The Port of Port Townsend (Port) wishes to expand the Boat Haven and has requested that the County vacate the Moderate Risk Waste Facility (MRWF) by June 1, 2022 as part of the expansion. Public Works has asked that the Port of Port Townsend present its request to the Board of County Commissioners in an upcoming workshop on November 151h and to explain how the MRW siting is conflicted with the Port's expansion plans and why alternative arrangements to removing the MRWF are infeasible This briefing paper will outline the history of the facility; contractual obligations; statutory requirements; current service level; the Port's proposal, and; possible County responses. History In September 1994, the Port and County entered into an Interlocal Government Agreement (ILA) whereby grant funding made available to the County from the Department of Ecology was used to construct an MRWF in the Boathaven rather than at the Transfer Station. This decision was based upon a recognition that Port patrons could generate a significant portion of the moderate risk waste and that it would therefore be convenient to have the facility located there. The grant's match requirement was met with Port and County operational labor costs and there are no grant obligations remaining. Total facility construction cost was $225,550. In December 1997, the original ILA was superseded by another whereby the County paid the Port its share of the initial facility construction in the amount of $73,796 and the County assumed both ownership and operational responsibility. In exchange, the Port issued a fee -free lease agreement to the County for a term of 50 years with a 30-year option. Both parties have acted in good faith in the delivery of the service since 1997 with occasional changes made to operations owing to facility repairs and fluctuating customer demand. Public Works and Port staff met in early 2021 to informally discuss the Port's concept that the County vacate the MRWF. Public Works received a formal request to vacate the facility on August 11, 2021. Contractual Obligations Neither the ILA or Lease Agreement contain obligations that would disallow the County to accept the Port's proposal. Likewise, neither contain obligations that would require the County to accept the Port's proposal. Statutory Requirements The Washington State Legislature addresses hazardous waste in Title 70A RCW. County's have the authority, but not an obligation, under this Title to construct fixed facilities for the collection of hazardous waste. 70A.300.370(9) states: With the exception of the disposal site authorized for acquisition under this chapter, the private sector has had the primary role in providing hazardous waste management facilities and services in the state. It is the intent of the legislature that this role be encouraged and continue into the future to the extent feasible. 70A.300.370(10) states: The legislature finds that, because local conditions vary substantially in regard to the quantities, risks, and management opportunities available for such wastes, local government is the appropriate level of government to plan for and carry out programs to manage moderate -risk waste, with assistance and coordination provided by the department. Current Service Level Household hazardous waste (HHW) and Small Quantity Generator (SQG) waste from businesses is collected at the MRWF in Port Townsend and includes a wide variety of materials including gasoline, solvents, oil -based paints, spray paints, lawn chemicals, marine flares, wood preservatives, pest poisons, lithium batteries, motor oil, antifreeze, and mercury containing lightbulbs. Limited material types (oil, antifreeze, fluorescent light bulbs) are collected at an Environmental Center at the Recycling Center/Transfer Station and Quilcene Drop Box Facility which are not permitted to accept other hazardous materials. Additionally, a once per annum remote collection event is conducted, rotating between Port Ludlow and Quilcene, in order to meet the needs of south county residents. In 2019, a total of 141,535 pounds of dangerous waste was collected through the program with 77,844 pounds collected at the MRWF. The MRWF was open 64 days and visited by 1,572 residential customers and 44 Small Quantity Generator (businesses) customers. Residential customers are able to drop off moderate risk waste free of charge through subsidies from the municipal waste tipping fee. SQG customers pay the County's direct costs of disposing of the material. All material is removed from the MRW by qualified companies under contract with the County. Port Proposal The Port has requested that the County vacate the MRWF in the Boat Haven by June 1, 2022. The Port has also proposed to: ■ issue payment to the County in 2022 in the sum of $57,538 for capital improvements made to the MRWF in the past five years • manage and pay for the removal of the MRWF Possible Responses Staff suggests 4 possible responses to the Port's request in no particular order: 1. Accept Port's request and commit to funding and building a replacement MRWF at the Recycling Center. The cost of a new facility is estimated at a minimum $1,000,000.00 and could be completed in 3 — 7 years based on the costs and construction timelines for recently built MRWF's around the state. There is no immediately obvious site at which to build such a facility. 2. Accept the Port's request and provide a minimum of four remote collection events at locations throughout the county for residential customers and a fifth for SQG's only. Additionally, enter into an Interlocal Agreement with Kitsap County for use of the Bremerton -area MRWF by Jefferson County residential and potentially SQG customers. Note that SQG businesses have the opportunity to contract directly with private sector companies to handle their moderate risk waste and many already do. This might be a natural shift with closure of the MRW for those businesses unwilling to wait for an annual County -hosted SQG event. 3. Decline the Port's request and continue to provide service at the MRWF in the Boathaven until the design, siting and funding of a replacement MRWF is identified through a Capital Facility planning process and a new facility opened. 4. Negotiate a reasonable lease rate with the Port for the MRW based upon typical lease rates offered to other tenants in the Port, and commit to a longer time frame for relocation of the MRW as part of the County's long-range solid waste capital planning project.