HomeMy WebLinkAbout147-08 - Ord. Relating to Minimum Levels of Service for Residential Recycling CollectionORDIXCENO.
Ate ORD]LNAN C P; relating to minimum levcls of service for residential recycling collection,
amending the Vason County Code, Chanter 6, Section 72, adding s ibsection .045.
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0 RD OF COUNTY
The -Mason County Code is hereby amended to read as follows
Minimum Level o Service for Residential ecyc
ing Co
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The minimum leves any types or services for the coection of residential recyclable materials HI
the urban and Tura; areas of Mason County, excluding the City of Shelton, through a residentiat
collection program is set forth in H xhibit "A99, attached and incorporated into the -latest ordinance
codified in this section and or fi-e in the ofice of the ceKAK of the board of county
commissioners.
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APPROVED AS TO FORM:
PROSII-4,Ci
ING AORl\ EY
BOARD OF COUNTY COMMISSIONERS
Mason County, Washington
SLCS,3/4_
Chair
Page
0
EXHIBIT A ORDINANCE
MINIMUM LEVELS OF SERVICE FOR RESIDENTIAL RECYCLING COLLECTION
Section 1. Purpose and Intent
A. The purpose of this chapter 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 urban and rural areas of Mason County.
B. It is the intent of the Commission 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, and
condominiums in Mason 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 Mason County and its cities
and towns
Section 2. Definitions
For the purposes of this Chapter, certain teuus, 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. "Cities" means the cities and towns within Mason County that have signed interlocal
agreements with the Board of County Commissioners to adopt and implement the Mason
County Solid Waste Management Plan.
D. "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.
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E "Mobile Home Park" means a tract of land designed and maintained under a single
ownership of unified control where two or more spaces or pads are provided solely for
the placement of mobile or manufactured homes for residential purposes with or without
charge The mobile home park is billed for solid waste collection service as a whole and
not by individual dwelling units.
F. "Multi -family residence" means any residential structure containing two or more
dwelling units with the units joined to one another and where the structure is billed for
solid waste collection service as a whole and not by individual dwelling units. This may
include, but is not limited to, apartments and condominiums.
G. "Recyclable materials" or "recyclables" means those solid wastes that are separated for
recycling or reuse and thus diverted from landfill disposal.
H. "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.
I. "Set -out counts" means the number of single-family 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 single-family customers.
J. "Single-family 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 home subdivisions, or attached single-family
structures such as townhouses, row houses, or triplexes.
K. "Single -stream collection" means the collection of designated recyclables commingled in
one covered, wheeled container, collected with automated or semi -automated trucks.
L "Solid waste collection company" means a privately owned solid waste and recycling
hauling company or ` hauler', which provides collection services in rural and urban
designated areas of Mason 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."
M. "Source separation" means the separation of different kinds of solid waste at the place
where the waste originates.
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N. "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.
Section 3. Minimum Levels of Curbside Recyclables Service for Single -Family Residences
The minimum levels of service for single-family residential curbside collection in Mason County
shall include the following:
A. Single -stream collection service.
1. Collection companies shall offer every -other -week (EOW), single -stream curbside
collection of recyclables to all single-family residences that subscribe to automated
curbside solid waste service
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 (1) wheeled container of approximately 96-
gallons to each of their single-family customers signed up for curbside collection
The containers shall be made of durable plastic materials and manufactured using a
maximum percentage of recycled materials that meet specifications.
2. Collection companies shall provide a process for customers to request and receive an
alternative 64-gallon wheeled container for those customers who feel they do not
generate enough recyclables to fill the standard size container or who feel its size is
too unwieldy for them to move or store. There will be no change in monthly service
fees for the difference sizes of recycling containers.
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3. All containers shall contain or have attached, information about the proper
preparation of materials and the name of the certified hauler The infoiuiation 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 infoiiiiation
to be able to contact the hauler If stickers are chosen, hauler shall provide
replacements to all customers in Mason County 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 haulers 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 home owner
association covenants or
e. Residents with special needs, such as physical infirmity or physical limitations,
with no able-bodied person livingin 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. Providing the customer with a 35-gallon container capable of being lifted and
dumped by the company's recycling collection truck in the same manner as the 96
and 64-gallon containers with no additional cost above the basic tariffed recycling
rate; or
d. Any other solution mutually agreed to by the customer and the solid waste
collection company per WAC 480.70.366.
3. Monitoring• Collection Company shall:
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a. Have a written process explaining in detail how customers may request an
alternative and the steps the company will take to work with the customer to
develop a solution. This process will also be available online with a working
email contact method.
b. 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 Mason
County.
4. Nothing in this section would 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 single-family 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;
catalogs; phone books; cards; laser -printed white ledger paper; windowed envelopes;
paper with adhesive labels* paper bags; non-metallic wrapping paper; packing paper,
glossy advertising paper; chipboard, such as cereal and shoeboxes; juice boxes; and
milk -style cartons of the refrigerated variety (non -refrigerated products contain
aluminum linings).
4. Newspaper — printed groundwood newsprint, including glossy advertisements and
supplemental magazines that are delivered with the newspaper.
Plastics: Round dairy containers such as yogurt and margarine tubs. Bottles and Jars #1-7:
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 chapter shall prohibit a hauler from exceeding the
minimum requirements by collecting additional materials including, but not limited to,
food waste, yard waste, scrap metal, glass, or other types of plastic, 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 discuss any proposed changes with the haulers.
G. Recycling collection rates. Collection companies shall request the Washington Utilities
and Transportation Commission (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 Section 3 of these minimum levels of service The
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collection companies shall include the following elements in the tariffs submitted 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. A weekly garbage rate combined with every -other -week recycling collection, or a
comparable alternative, such as a rate for every -other -week or monthly garbage
collection with recycling The rate for these services shall include the cost of
recycling collection but shall be less than the cost of a weekly 35-gallon can garbage
service, or, if applicable, a weekly 64-gallon can garbage service.
3. Collection costs shall be distributed throughout the service area to all single-family
ratepayers and should include the collection company's administration costs.
4. The rates shall include the costs of the containers, stickers, collection equipment and
staffing.
5. Collection rates shall 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 standard -sized container, or for the first-time delivery of a
smaller sized container when the smaller size is requested by the customer.
6. The rates shall include 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.
7. The haulers shall capitalize and amortize the equipment costs as determined by the
WUTC.
Section 5 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. A telephone hotline for their certificated area, which shall be:
a. Accessible to residents for the purpose of providing program infomiation and
accepting service complaints, including after hours.
b. Capable of responding to a large volume of phone calls.
c. Clearly shown on the collection equipment, included in all mailings, and on other
publicity materials.
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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 trash
collection service options including cart sizes, frequency, and costs recycling
container provided to all solid waste customers; and bulky item collection
availability. Hauler shall notify solid waste customers of the above during phone
calls, in billing inserts and special mailings, on their website and dunng new service
sign up procedures. Hauler will ensure that website is updated and links to Mason
County specific information are working. The website shall also provide a link to
Mason County Solid Waste to provide residents with additional waste disposal and
reduction information.
B. At the initiation of a new collection program to allow for coordination of promotional and
educational efforts, haulers shall provide the County with container delivery schedules
and collection schedules showing where implementation will begin by geographic areas.
Implementation may be staged.
C. County responsibilities shall include the development of a countywide public outreach
program. The program should include:
1. Newsletters mailed to all households and handouts for self -haulers.
2. News releases and an advertising campaign.
3. Coordination of design of brochures and other materials with information on the new
program to be mailed to customers via hauler billings or to be distributed with new
bins by the hauler. Ongoing design of brochures and other materials, to be included
with hauler billings, that educates residents on the curbside recycling program as well
as various waste reduction methods above and beyond curbside recycling
4. An Internet website describing the haulers' services, how to sign-up for the new
program, how to resolve a service complaint, and information about drop-off
alternatives and other County programs.
5. An email address to allow residents with opportunity to request brochures or other
materials and to ask for additional information or help.
6. Traveling exhibits.
7 Incorporation of information about programs into youth and adult environmental
education programs.
8. Presentations to civic groups.
9. Staffing sufficient to provide information to customers with inquiries.
10. Automated telephone information line
Section 6 Reporting Requirements for Residential Recyclables Collection
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Collection companies shall provide the County with regular and accurate reports of data on all
residential recycling collection services as deteiiuined necessary by Mason County for
evaluating the effectiveness of recycling programs.
A. Single-family curbside recyclables collection program.
1. At a minimum, quarterly reports will be provided at the end of the month following
the quarter and shall contain the flowing data, broken down by each month and by
each certificated area:
• The number of single-family solid waste collection customers subscribing to each level of
garbage collection service.
• Aggregate tonnage of each recyclable material collected from single-family customers.
• Average of recyclables collected per single-family customer expressed as pounds
recyclables per customer
• Aggregate tonnage of solid waste disposed from single-family customers.
• Residential recycling rate.
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.
• Summaries of tons and value of single stream materials sold.
2. Annual reports shall include an analysis of the effects of changes in services and areas
served or problems that were encountered and any suggested changes to increase
efficiency and participation in the curbside program.
Annual reports shall include an analysis of the effects of changes in services and areas served or
problems that were encountered and any suggested changes to increase efficiency and
participation in the curbside program.
Section 7 Processing preferences and disposal limitations
A. Solid waste collection companies shall use processing facilities that have obtained all
applicable local, state, and federal permits. Whenever possible, local businesses shall be
given priority and should be used to receive recyclables for purposes of processing,
handling, or remanufacturing the materials into new products.
B. The haulers shall not under any circumstancesdispose of marketable recyclables by
landfilling or incineration Contaminated single stream materials may be disposed with
permission from County staff.
C. Recyclable materials shall be marketed for highest possible use, as noted in the
Washington State Beyond Waste Plan, current solid waste system issues, Chapter 2.
Section 8 County Notification of WUTC Tanff Filmgs
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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 and all supporting materials.
Any propriety infoiuiation provided to the County shall be handled as confidential to the extent
allowed by law.
A. The County shall review the rates for compliance in relation to the Mason County Solid
Waste Management Plan, and minimum service level ordinances.
B. After tariffs are approved by the WUTC, the collection company shall notify the County
of the approved rates and the effective dates.
Section 9 Full Program Implementation
If it is determined that the programs specified in this chapter are not fully implemented, the
Mason County Board of County Commissioners, or the Utilities and Waste Management director
shall notify the WUTC that the County will exercise its authority under RCW 36.58.040 to
contract for the collection of recyclables from residences in Mason County.
A. Full implementation The programs shall be considered fully implemented when the
following conditions are met:
1. The certificated hauler has received approval by the WUTC for its tariff filings for
recyclables; and,
2. The services are available to all who want the service.
3. The hauler will have three calendar years from the date of singing to fully implement
this program countywide, with at least 50% of the County to have the service available in
year one, and 90% available in year two. . In the event that in year three the hauler cannot
provide the full 100% countywide implementation, the County and hauler will develop a
plan to address the recycling needs of those areas.
4. In areas not serviced by automated routes or nearby County sites, drop off areas for
recyclables will be supported by the County, the collection company, and a portion of the
commodity credit as identified in Section 10.
B. Contract for collection In the event that the County is dissatisfied with the
implementation of the specified programs and, after having notified the certificated
hauler, finds the hauler has failed to cure the perceived omission, the County will
exercise its authority to contract for the collection of residential recyclables The County
will:
1. Notify the hauler of the County's intent to exercise its authority.
2. Will select a recycling contract through a request for proposal process that considers,
among other factors, experience, qualification, and costs.
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Section 10. .Commodity Credit
Single-family residents that subscribe to single-family curbside service shall be eligible for the
commodity revenue credit. A.portion of these credits can be used to offset the cost of other
recycling programs until curbside recycling is available countywide.
Section 11. Severability
If any section subsection, sentence, clause or phrase of this chapter is for any reason, found to
be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of the Chapter.
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