Chapter 8.26
ORGANIC WASTE MATERIALS MANAGEMENT COMPOST USE AND PROCUREMENT POLICY
Sections:
8.26.030 Public projects—Use of compost.
8.26.050 Compost facilities—General regulations.
8.26.060 Local planning requirements.
8.26.070 Public education and outreach.
8.26.010 Purpose.
In March 2022, ESSHB 1799 was signed into Washington law. The primary goal of the law is to increase the diversion of organic materials going to landfills in order to reduce methane emissions. The legislature finds that landfills are a significant source of methane emissions and that reducing the amount of organic materials going into landfills will reduce methane emissions. ESSHB 1799 requires that most cities and counties in Washington adopt a compost procurement ordinance by January 1, 2023. (Ord. TLS 23-04-19B Att. A)
8.26.020 Definitions.
A. “Finished compost product” means a product created with “composted material” as defined in RCW 70A.205.015(3). Finished compost products include, but are not limited to, one hundred percent finished compost or blends that include compost as a primary ingredient. Mulch is considered a finished compost product if it contains a minimum of sixty percent composted material. Bark is not a finished compost product.
B. “Locally produced compost” means compost produced inside Douglas County or within a fifty-mile radius of the outer boundaries of Douglas County. (Ord. TLS 23-04-19B Att. A)
8.26.030 Public projects—Use of compost.
A. Douglas County, Washington, shall purchase finished compost products for use in county projects or on county land in which compost is an appropriate material, provided it is not cost prohibitive to acquire. “Cost prohibitive” is defined as a product purchasing cost that exceeds one hundred ten percent of the cost of another product that would serve the same purpose. Procurement costs will include the product costs and all associated transportation and delivery charges. Douglas County, Washington, is not required to use compose products if:
1. Compost products are not available within a reasonable period of time;
2. Compost products that are available do not comply with existing purchasing standards; and
3. Available compost products do not comply with federal or state health, quality, or safety standards.
B. Pursuant to RCW 43.19A.130, Douglas County, Washington, will strive to purchase an amount of finished compost products that is equal or greater than fifty percent of the amount of organic materials delivered to the compost processor. (Ord. TLS 23-04-19B Att. A)
8.26.040 Local purchasing.
Douglas County, Washington, will purchase finished compost products from companies producing compost locally (see definitions above), are certified by a nationally recognized organization, such as the US Composting Council, and produce finished compost products that are derived from municipal solid waste compost programs while meeting quality standards adopted by the Department of Transportation or adopted by rule by the Department of Ecology. If locally produced compost is not available, compost shall be sourced from outside the region, with preference given to products sourced as close as possible to Douglas County, Washington. Proof that locally produced compost was not available at the time of purchase or was cost prohibitive shall be documented. (Ord. TLS 23-04-19B Att. A)
8.26.050 Compost facilities—General regulations.
In addition to other requirements for permitting found in this code the following shall apply to the siting and operation of composting facilities:
A. No composting facilities permitted within two miles of an orchard or fruit processing facility.
B. No green waste or compostable material accepted from outside of Douglas County.
C. No green waste or compostable material accepted from the Bridgeport Bar area.
D. Secure containment of all compost material, keeping it contained and secure from wind and extreme weather.
E. All composting facilities will need to abide by the apple maggot protocols set forth by WSDA and the Tri-County Pest Board. (Ord. TLS 23-04-19B Att. A)
8.26.060 Local planning requirements.
A. Plan Required. In order to meet the general policy, Douglas County, Washington, shall create a plan for compost use in the following categories:
1. Landscaping projects;
2. Construction and post-construction soil amendments;
3. Applications to prevent erosion, filter stormwater runoff, promote vegetative growth, or improve the stability and longevity of roadways; and
4. Low-impact development of green infrastructure to filter pollutants, to keep water on site, or both.
B. Plan Review. This plan will be re-assessed by December 31, 2024, and each December 31st of even-numbered years thereafter as part of its reporting obligations in DCC Section 8.26.080. (Ord. TLS 23-04-19B Att. A)
8.26.070 Public education and outreach.
Douglas County, Washington, shall conduct educational outreach to inform residents about the value of compost and how the jurisdiction uses compost in its operations each year. (Ord. TLS 23-04-19B Att. A)
8.26.080 Reporting.
By December 31, 2024, and each December 31st of even-numbered years thereafter, Douglas County shall report the following information to the Department of Ecology:
A. The total tons of organic material diverted each year;
B. The volume and cost of composted material purchased each year; and
C. The source(s) of the finished compost product purchased. (Ord. TLS 23-04-19B Att. A)
8.26.100 Effective date.
The ordinance codified in this chapter becomes effective immediately upon adoption. (Ord. TLS 23-04-19B Att. A)
8.26.110 Corrections.
Upon approval of the prosecuting attorney’s office, the clerk of the board is authorized to make any necessary corrections to any section, subsection, sentence, clause, phrase or other portion of this chapter for scriveners or clerical errors, references, ordinance numbering, section/subsection numbers, and any reference thereto. (Ord. TLS 23-04-19B Att. A)
8.26.120 Severability.
If any section, subsection, sentence, clause, phrase or other portion of this chapter or its application to any person is, for any reason, declared invalid, illegal or unconstitutional in whole or in part by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions hereof. (Ord. TLS 23-04-19B Att. A)