HomeMy WebLinkAboutDraft LOS Ordinance for PAO Review DRAFT FOR PAO REVIEW
STATE OF WASHINGTON
County of Jefferson
An Ordinance to Establish Minimum Levels of
Service for Curbside Collection of Recyclables
and to Adopt Amendments to the Jefferson
County Code
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 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, only Jefferson County maintains unstaffed drop off locations; 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 70.205.045 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 70.205.045 did 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 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 an approximate 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, $13.89 of every per ton transaction at the transfer station is allocated to the
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 an approximate $3.6M 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; 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/or 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 $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, Extended Producer Responsibility bills which would obligate single use
packaging producers to pay for recycling programs have been introduced in three consecutive State
legislative sessions; and
WHEREAS, Engrossed Second Substitute Senate Bill 5284 has gained State Senate and
House approval; and,
WHEREAS, ESSSB 5284 does not obligate single use packaging producers to pay for
recycling programs until January 1, 2030; and
WHEREAS, Public Works has reviewed these issues with the SWAC at regular SWAC
meetings on July 25, 2024 and September 26, 2024, and at a joint SWAC/Board of County
Commissioners workshop on March 26, 2025, and again on April 29, 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 affect 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.
The Jefferson County Code shall be amended with the addition of Section 8.10.045 Minimal
Level of Service for Residential Recycling, as follows:
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 Board of County Commissioners to:
1. Establish residential recycling programs as an integral component of the collection of solid
waste, incorporating the State's goals 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."
2. Increase diversion of recyclables from single-family and multi-family residences in
Jefferson County.
3. Make recycling easier and more convenient for residents through use of efficient collection
systems;
4. Retain low-cost strategies to encourage participation;
5. Encourage the private sector to develop and operate the recycling facilities that are needed
to process and market recyclables collected in Jefferson County and its cities and towns.
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 singul ar 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.
Minimum levels of residential curbside recyclables service.
The minimum levels of service for residential curbside collection in Unincorporated Jefferson
County shall include the following:
A. Single-Stream Collection Service.
1. 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.
2. 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. Residents in
automated service areas may request curbside recycling service without having solid waste service
at a rate set by the Washington Utilities and Transportation Commission.
3. 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. The hauler shall identify the location of the area affected; the alternative collection
schedule; and the reasons supporting the alternative.
b. 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.
1. Collection companies shall provide one wheeled container to each of their residential
customers signed up for curbside collection.
2. 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.
3. 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.
4. 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: Collection Alternatives for Restricted Access or Storage Situations, or for
Residents with Limited Mobility.
1. 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:
a. 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;
b. 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;
c. 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;
d. 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
e. 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.
2. Alternatives: Collection companies shall offer alternatives that suit their collection system
or the particular customer's limitation. The alternatives may include:
a. 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.
b. Any other solution mutually agreed to by the customer and the solid waste collection
company per WAC 480.70.366.
3. 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.
4. 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.
1. Cardboard: Corrugated cardboard and Kraft paper, including unbleached, unwaxed paper
with a ruffled ("corrugated") inner liner.
2. Metal cans: Tin-coated steel cans and aluminum cans, excluding aerosol spray cans.
3. Mixed-waste paper: Clean and dry paper, including: 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).
4. Newspaper: Printed groundwood newsprint, including glossy advertisements and
supplemental magazines that are delivered with the newspaper.
5. Plastics: Bottles and jugs #1-2: 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. 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.
F. 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.
G. 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.
H. 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:
1. 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.
2. The rates shall include the costs of the containers, stickers, collection equipment and
staffing.
3. 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.
4. 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.
5. The haulers shall capitalize and amortize the equipment costs as determined by the WUTC.
6. 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
Customer service responsibility and coordinated public outreach programs.
Collection companies shall work with the County to develop and implement a coordinated public
outreach program.
A. Haulers' customer service responsibilities shall include, but not be limited to:
1. Notifications of new service availability, program sign-up, container delivery, bin stickers,
explanation of rate structure, schedule of collection days and container replacement information.
2. Delivery of containers within ten days of a request for service with collection service
beginning within thirty-five days of a request.
3. Contact information for the purpose of providing program information and accepting
service complaints clearly shown on the collection equipment, included in all mailings, and o n
other publicity materials.
4. 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.
5. 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.
6. 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.
Reporting requirements for residential recyclables collection.
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.
A. Residential Curbside Recyclables Collection Program.
1. At a minimum, annual reports will be provided by March 1 the next calendar year and shall
contain the flowing data, broken down by each month and by certificated area.
• The number of residential solid waste collection customers subscribing to each level of garbage
collection service.
• Aggregate tonnage of recyclable materials collected from residential customers per year.
• Recyclables collected per customer expressed as average pounds of recyclables generated per
customer.
• Aggregate tonnage of solid waste disposed of from single-family customers.
• Log of unresolved customer complaints with summary of measures taken to resolve any
problems.
• Any percentage residue amounts or contamination problems reported by processing facilities if
such data are available
• Summaries of tons and value of single stream materials sold.
Annual coordinating meeting
The haulers shall meet with 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.
Processing facilities
Solid waste collection companies shall use processing facilities that have obtained all applicable
local, state, and federal permits.
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.
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.
Commodity credit.
RCW 81.77.185, the Utilities and Transportation Commission allows solid waste collection
companies collecting recyclable materials to retain up to fifty percent 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.
Section 3. Severability. If any section, subsection, sentence, clause, phrase of this resolution or its
application to any person or circumstance is held invalid, the remainder of this resolution or its
application to other persons or circumstances shall be fully valid and shall not be affected.
Section 4. Effective Date. This resolution is effective upon April 1, 2026.
Section 5. SEPA Categorical Exemption. This resolution is categorically exempt from the State
Environmental Policy Act under WAC 197-11-800(19).
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