Chapter 8.12 SOLID WASTE DISPOSAL

“Agricultural waste” means wastes on farms resulting from the production of agricultural products including but not limited to manures, and carcasses of dead animals weighing each or collectively in excess of 15 pounds.

“Alternate collection point” means a location other than the customer’s residence where a customer or customers agree to place solid waste in containers for pickup by the certificated hauler.

“Bulky waste” means large items of refuse, such as appliances, furniture, and other oversize wastes which would typically not fit into disposal containers.

“Can” means a receptacle made of durable, corrosion-resistant, nonabsorbent material that is watertight and has a close-fitting cover and two handles. A can holds more than 20 gallons but not more than 32 gallons. A can may not weigh more than 65 pounds when filled.

“Commingled recycling” means the collection of recyclable materials separated from garbage but not separated into various recyclable commodities.

“Controlled solid waste” means all solid waste generated and/or collected within or brought into the unincorporated areas of San Juan County.

“Dangerous waste” means any solid waste designated as dangerous waste under Chapter 173-303 WAC.

“Disposal” means the discharge, deposit, injection, dumping, leaking or placing of any solid waste into or on any land or water.

“Disposal site” means a site or sites approved by the San Juan County council where any final treatment, utilization, processing or deposition of solid waste occurs. This includes, but is not limited to, transfer stations included as part of the County disposal system, sanitary landfills, incinerators, and composting plants.

“Division” means the solid waste division of San Juan County.

“Garbage service” means collecting solid waste from residential and commercial activities at regular or irregular intervals consistent with a tariff approved by the Washington Utilities and Transportation Commission.

“Hazardous waste” means and includes, but is not limited to, explosives, medical wastes, radioactive wastes, pesticides and chemicals which are potentially harmful to the public health or the environment. Unless otherwise defined by the San Juan County board of health, such waste shall have the meaning as defined by the Washington State Department of Ecology and the Washington Administrative Code.

“Health department” means the San Juan County environmental health division of the health and community services department.

“Inert waste” means noncombustible, nondangerous solid wastes that are likely to retain their physical and chemical structure under expected conditions of disposal including resistance to biological attack and chemical attack from acidic rainwater.

“Manager” means the manager of the solid waste division of San Juan County.

“Moderate-risk waste” means a class of solid waste that covers household hazardous waste and conditionally exempt small quantity generator waste. “Moderate risk” does not mean that the material is moderately hazardous; rather it is generated in small volumes and is therefore not regulated in the same way as larger volume hazardous waste from businesses.

“Person” means any individual, association, firm, corporation, partnership, political subdivision, municipality or any other entity.

“Plan” means the Solid Waste and Moderate-Risk Waste Management Plan adopted pursuant to and consistent with Chapter 70.95 RCW by San Juan County.

“Problem wastes” means soils removed during the cleanup of a remedial action site, or a dangerous waste site closure or other cleanup efforts and actions and which contain harmful substances but are not designated dangerous wastes.

“Reclamation site” means a location used for the processing or the storage of recycled waste.

“Recyclable materials” means those solid wastes that are separated for recycling or reuse, such as papers, metals and glass, that are identified as recyclable material pursuant to a local comprehensive solid waste plan.

“Recycling” means the process of segregating solid waste for sale, processing, and beneficial use. Materials which can be removed through recycling include but are not limited to newsprint, cardboard, aluminum, glass, plastics, and ferrous metal. Recycling does not include combustion of solid waste or preparation of a fuel from solid waste.

“Refusal of service” means those circumstances when a solid waste collection company may refuse to:

1. Pick up materials from points where it is hazardous, unsafe, or dangerous to persons, property, or equipment to operate vehicles due to the conditions of streets, alleys, or roads; or

2. Drive onto private property when, in the company’s judgment, driveways or roads are improperly constructed or maintained, do not have adequate turnarounds, or have other unsafe conditions; or

3. Enter private property to pick up material while an animal considered or feared to be vicious is loose, in which event the customer will be required to confine the animal on pickup days.

“Solid waste” means all putrescible and nonputrescible solid and semisolid wastes, except wastes identified in WAC 173-304-015, including but not limited to garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities. This includes all liquid, solid and semisolid materials which are not the primary products of public, private, industrial, commercial, mining and agricultural operations. Solid waste includes but is not limited to sludge from waste water treatment plants and septage from septic tanks, wood waste, dangerous waste, and problem wastes. Unrecovered residues from recycling operations shall be considered solid waste.

“Solid Waste Management Plan” or “the Plan” means the current approved San Juan County Comprehensive Solid Waste and Moderate-Risk Waste Management Plan.

“Transfer station” means a fixed, supplemental collection and transportation facility, used by persons and route collection vehicles to deposit collected solid waste from off site into a larger transfer vehicle for transport to a permanent disposal site.

“Waste hauler” means any person, firm or corporation collecting solid waste for hire or other consideration.

“Wood waste” means a byproduct resulting from the handling and processing of wood, including but not limited to hog fuel, sawdust, shavings, chips, bark, small pieces of wood, stumps, limbs, and any other material composed largely of wood which has no significant commercial value at the time in question, but shall not include slash developed from logging operations unless disposed of on a different site, and does not include wood pieces or particles containing chemical preservatives such as creosote, pentachlorophenol, or copper-chrome-arsenate. Specifically excluded from this definition are products containing wood waste which are intended for home or agricultural use.

B. System of Disposal.

1. Under the authority provided by RCW 36.58.040, a system is hereby established for disposal of all solid waste generated and/or disposed in unincorporated San Juan County.

2. Disposal in San Juan County.

a. Except as provided for by subsection (B)(2)(b) of this section or by the terms and conditions of any written agreement to which the County is a party, it is unlawful for any person to dispose of controlled solid waste within San Juan County except at either (i) a County owned and operated solid waste handling facility, (ii) a permitted solid waste handling facility operated pursuant to a contract between operator and the County, or (iii) a permitted solid waste handling facility operated by a solid waste disposal district.

b. This section shall not prohibit the storage of solid waste or recyclable materials in public or private receptacles, in solid waste containers or other approved receptacle or in securely tied bundles when the receptacles or bundles are for immediate or approved periodic disposal; nor shall this section prohibit either:

i. The use of a compost pile or bin shall not be prohibited if the use and maintenance thereof is in such a manner as to prevent attraction, breeding, harboring, or any combination thereof, of insects and rodents;

ii. The application of a waste derived soil amendment that has been approved by the Washington Department of Ecology under RCW 70.95.205;

iii. The application of commercial fertilizer that has been registered with the Washington Department of Agriculture as provided in RCW 15.54.325, and that is applied in accordance with the standards established in RCW 15.54.800(3);

iv. Any recycling operation if it is operated in accordance with all applicable rules, laws and other permits; and

v. Any dumping or depositing of solid waste resulting from a person’s own activities onto or under the surface of property owned or leased by such person on any island on which there exists no solid waste handling facility able to receive such solid waste and on which no solid waste collection is available, but only if such solid waste is generated on the property onto or under which is dumped or deposited, and such action does not violate any statute, ordinance, or regulation, and does not create a nuisance.

c. It is unlawful for any person to haul solid waste on publicly maintained streets, roads or highways in San Juan County unless the load is secured.

d. Nothing in this chapter is intended to preclude the delivery of collected or self-hauled solid waste to any out-of-County solid waste handling facility that is permitted to receive such solid waste.

3. Establishment of County Solid Waste Facilities.

a. The Lopez Solid Waste Facility, 2419-B Fisherman Bay Road, is established on the following described real estate owned by San Juan County: the north 300 feet of the south 500 feet of the west 400 feet of the NW 1/4 of the NW 1/4 of Section 23, T35N, R2W, W.M.

b. The Orcas Solid Waste Facility, 3398 Orcas Road, is established on the following described real estate owned by San Juan County: Lot 5 of Johnstone’s Home Tracts, Long Plat #1-46; and the west 1/2 of the SE 1/4 of the SW 1/4 of Section 27, T37N, R2W, W.M., except that portion of said west 1/2 described in Exhibit A to deed from Daniel R. Smith and Berenese R. Smith to San Juan County recorded in Volume 73, page 21.

c. The San Juan Island Solid Waste Facility, 212 Sutton Road, is established on the following described real estate owned by the Town of Friday Harbor: SW 1/4 of Section 2, T35N, R3W, W.M. described in Friday Harbor Ordinance No. 422 dated April 11, 1976, together with the adjacent real property owned by San Juan County commonly known as the Sutton Road Parcel, which property is more fully described as a portion of the NW 1/4 of the SW 1/4 and the SW 1/4 of the SW 1/4 of Section 2, T35N, R3W, W.M., San Juan County of San Juan, state of Washington, consisting of 6.84 acres, more or less, and legally described in San Juan County council Resolution No. 47-2003.

C. Acquisition of Solid Waste Disposal Sites/Transfer Stations. The County may acquire by purchase, lease, contract with private parties or other necessary means disposal sites which are needed for disposal of solid waste generated and collected in San Juan County. Selection of such disposal sites shall be consistent with the San Juan County Comprehensive Solid Waste Plan and all federal, state, and local requirements, including, but not limited to, comprehensive land use plan and regulations, fire protection, water quality, and air quality. The County may acquire disposal sites on a continuing basis, as is required by the volume of solid waste generated and collected within the County. (Ord. 15-2018 § 2; Ord. 8-2014 §§ 1, 2, 2014; Ord. 19-2012 § 2; Ord. 11-2012 § 1; Ord. 9-2012 § 1; Ord. 17-1996)

8.12.020 Regulations and procedures.

A. Use of County Disposal Sites/Transfer Stations.

1. Interlocal Operations. Solid waste disposal sites/transfer stations owned or operated by the County or a solid waste disposal district established by the County shall accept solid wastes and recyclable materials generated and collected within the County.

2. Individuals and Businesses. Any individual or business may use San Juan County disposal facilities or facilities of a solid waste disposal district designated for individual use or self-hauling, in compliance with any applicable rules and regulations; provided, however, that waste generated or collected outside the County will not be accepted.

3. Dangerous and Hazardous Waste. Under no circumstances shall any person deliver to disposal facilities in San Juan County for disposal any waste that is defined as “hazardous waste” per the Federal Resource Conservation and Recovery Act or rules or regulations thereunder, or defined as “extremely hazardous waste” or “dangerous waste” per Chapter 70.105 RCW or regulations thereunder. Moderate-risk wastes will be accepted at designated County facilities.

B. Operation of Solid Waste Disposal Sites. The following provisions shall apply to solid waste disposal sites operated in San Juan County. Pursuant to Chapter 70.95 RCW, no disposal site in San Juan County shall be established, altered, expanded, improved, operated or maintained without prior compliance with the following:

1. The disposal site, facilities and proposed method of operations shall be consistent with the San Juan County Solid Waste Management Plan.

2. The disposal site shall be constructed, operated, and maintained in accordance with terms of a permit issued by the health department and such other permits as are required by law.

3. Except for the operation of a Lopez Island solid waste disposal district which, after a transition to the managing board of the Lopez district, shall serve as the operator of solid waste disposal sites located on Lopez Island, the division shall be the oversight or operating authority for all solid waste disposal sites owned or operated by San Juan County. Nothing herein shall prohibit the County by ordinance from contracting with another entity, public or private, to own, construct and/or operate a disposal site, transfer station or facility. The manager shall prepare operating regulations for solid waste disposal sites on Orcas Island and San Juan Island, which operating regulations shall govern all other matters necessary to assure compliance with federal, state, and local regulations applicable to such sites. Said regulations shall be approved by the County council. The County reserves the right to provide in said operating rules that certain solid wastes, such as bulky wastes, problem wastes, and wood waste, based on source, type or volume, shall not be accepted, or only conditionally accepted, at sites owned or operated by the County.

4. a. Every vehicle delivering solid waste to a solid waste handling site or disposal facility shall have its load tied, covered, or confined in a manner that will prevent any part of the load from leaving the vehicle while the vehicle is in motion. In addition to any other penalty that may be applicable under state law, if, in the opinion of solid waste facility staff, the load is not secured in such manner and the vehicle is not exempt pursuant to subsection (C) of this section, the operator of the vehicle delivering the load shall pay a surcharge at the solid waste handling site or disposal site according to the following scale, effective January 1, 1997:

Cars (vehicles with passenger
license plates). . . . . . . . . . . . . . . . . . . . . . .	$3.00
Trucks (vehicles with truck
license plates). . . . . . . . . . . . . . . . . . . . . . .	$5.00

b. Surcharges collected under this section shall be deposited into the solid waste fund, together with daily solid waste facility receipts.

c. A vehicle transporting sand, dirt, or gravel in compliance with the provisions of RCW 46.61.655 as now existing or hereafter amended, shall not be required to secure or cover a load or pay a fee pursuant to this section.

5. The facilities shall be operated in accordance with the rules and regulations promulgated by the San Juan County health department and in accordance with the rules and regulations promulgated by the Department of Ecology as set forth in Chapter 173-304 WAC.

6. Hours of operation of the facilities operated by the division shall be set by the solid waste manager and approved by the County council.

7. Disposal rates shall be established by the public works director for the general district and the managing board of the Lopez district and shall be reviewed and approved by the County council as the governing body of the solid waste disposal districts in the County during the County’s annual budget process or more frequently if necessary. Disposal rates together with other revenues shall generate sufficient revenue to cover costs of operation, capital expenses, long term debt expenses, and reserves.

8. All other federal, state, and local laws, ordinances and regulations regarding solid waste handling shall be met.

C. Exempt Operations.

1. Any solid waste operation herein exempt from obtaining an operating permit from the San Juan County health department under this chapter must be established, maintained, managed, and/or operated in compliance with all other requirements of federal, state and local rules. Any exemption allowed in this chapter shall have no effect on requirements of other laws, ordinances, or regulations.

2. The following solid waste disposal operations or facilities are hereby exempted from obtaining a permit under this chapter to be established, maintained, managed, or operated:

a. Dumping or depositing solid waste generated by a single family or household produced incidental to routine household activities onto or under the surface of the ground owned or leased by the family or household.

b. Wrecking automobiles and parts thereof, including storage and handling facilities.

c. Depositing less than 2,000 cubic yards of soil, rock, gravel, broken concrete, and similar inert wastes onto the surface of the ground whereby such depositing is to be temporary in nature, graded and otherwise worked to fill an existing depression or low area of ground.

d. Depositing agricultural solid waste onto or under the surface of the ground when said waste is being utilized primarily for fertilizer or a soil conditioner or is being deposited on ground owned or leased by the person responsible for the production of said waste, as long as depositing such waste does not create a nuisance.

e. Depositing sewage and/or sewage sludge onto or under the surface of the ground at a disposal site which has otherwise been issued a permit by a federal, state or local agency to be operated, maintained, or managed for that purpose.

D. Recycling. Reclamation sites for recycling operations shall be designated as part of the County’s disposal system and shall be subject to permit requirements of the San Juan County health department.

E. Solid Waste Disposal Site Permit Regulations. The board of health shall adopt regulations governing the establishment, alteration, expansion, improvement, operation, and maintenance of all solid waste disposal sites. Such regulations shall set procedures, standards, and conditions for the issuance of solid waste disposal site permits designed to assure that disposal sites and facilities are located, maintained, and operated in a manner so as to properly protect the public health, prevent air and water pollution, and avoid the creation of nuisances. Such regulations shall be consistent with, but may be more stringent than, the minimum functional standards adopted by the Washington State Department of Ecology (Chapter 173-304 WAC).

F. Enforcement. The health department shall be responsible for enforcement, and for seeking enforcement through the prosecutor’s office, of subsections (B) through (E) of this section and the regulations promulgated thereunder. The division shall be responsible for enforcement, or for seeking enforcement through the prosecutor’s office, of SJCC 8.12.010(B) and 8.12.020(A) and the regulations promulgated thereunder.

G. Penalties. Any person who violates or fails to comply with any of the provisions of this chapter or regulations promulgated hereunder and orders issued pursuant hereto or who files or supplies any false, incomplete or inaccurate information in conjunction with any permit application or permit renewal or in supplying any other information requested by this chapter shall be deemed guilty of a misdemeanor and shall be punished by imprisonment in the County jail for a maximum term fixed by the court of not more than 90 days or by fine in the amount fixed by the court of not more than $1,000 or both such imprisonment and fine. Each day that a violator does not comply with the requirements of this act following the initial warning of infraction shall constitute a separate offense. Nothing contained herein shall be construed to exempt an offender from any other suit, prosecution, or penalty provided in the San Juan County Code or by other laws.

H. Severability. If any section, subsection, 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 portion. (Ord. 11-2012 § 2; Ord. 17-1996)

8.12.030 Plan adoption.

The San Juan County council approves and adopts the Solid Waste and Moderate-Risk Waste Management Plan dated April 12, 2018. (Ord. 15-2018 § 3; Ord. 6-2016 § 2; Ord. 19-2012 § 3; Ord. 17-1996)

Article II. San Juan County General Solid Waste Disposal District (“General District”)

8.12.040 Definitions.

As used in this chapter, the following terms shall be defined as follows:

A. “Business or institution” means all properties in the County other than residential dwellings which are served by a certificated hauler.

B. “Capital improvement” means the acquisition or improvement of land or the acquisition, construction, or renovation of solid waste disposal facilities, including but not limited to landfills and transfer stations, including all professional services incidental to such capital improvement, including planning and engineering.

C. “Certificated hauler” means a solid waste collection company that has obtained a certificate of convenience and necessity from the WUTC pursuant to Chapter 81.77 RCW to provide solid waste collection service in unincorporated areas of the County.

D. “County” means San Juan County.

E. “General district” means the solid waste disposal district established by this chapter for all of San Juan County except for Lopez Island.

F. “Lopez district” means the solid waste disposal district established by this chapter for all of Lopez Island.

G. “Plan” means the County’s Solid Waste and Moderate-Risk Waste Management Plan, as it has been adopted in 2018 and may be revised or amended thereafter.

H. “Residential dwelling” means each single-family house, apartment, houseboat, or other dwelling unit which is separately billed for waste collection service by a certificated hauler. Forest areas, farms or ranches that elect to use collection service shall be considered as residential dwellings for purposes of this chapter. Residents of apartments, hotels, dormitories, boarding houses, maritime vessels, or other housing units shall not be separately taxed if the landlord or some other party arranges for solid waste collection and pays for solid waste collection and the solid waste excise tax on behalf of tenants or residents.

I. “WUTC” means the Washington Utilities and Transportation Commission or any agency which succeeds to its powers. (Ord. 15-2018 § 4; Ord. 19-2012 § 4; Ord. 11-2012 § 3; Ord. 19-1996 § 1)

8.12.050 Determination.

The County council hereby determines that it is in the public interest to form the district as set forth in this chapter with the boundaries set forth in SJCC 8.12.060. (Ord. 11-2012 § 4; Ord. 19-1996 § 2)

8.12.060 General district established.

The San Juan County general solid waste disposal district (“general district”) is hereby formed to provide a sound financial basis for the funding of solid waste planning, operations, and capital improvements for the general district. The general district shall include all unincorporated areas in San Juan County, except that all of Lopez Island shall be excluded. (Ord. 11-2012 § 5; Ord. 19-1996 § 3)

8.12.070 Findings.

The County council in forming the general district determines and finds that:

A. State and federal law and regulation have placed increased responsibility on local governments to manage solid waste disposal systems in a manner that protects public health and safety;

B. Properly designed, operated, and maintained solid waste disposal facilities are essential public utilities serving broad public interests by protecting public health and safety;

C. State and federal standards for solid waste disposal, including requirements for recycling and waste reduction, have greatly increased the cost of solid waste disposal systems;

D. The transfer, disposal, and other handling of solid wastes generated by residents of the district, whether generated at their homes or elsewhere in the district, imposes cost burdens on the County and the district;

E. All residences and businesses within the general district are beneficiaries of County solid waste disposal systems and facilities and receive substantial and essential public service by having the operational availability on a continuing basis of healthful, safe, and reliable solid waste disposal facilities and systems;

F. A stable funding program made up of both service fees and a tax is required to provide a broad and sound financial basis to provide a viable solid waste management program and safe, effective, disposal facilities; and

G. Imposition of the tax provided for by this chapter will promote the County’s ability to fund solid waste capital improvements. (Ord. 11-2012 § 6; Ord. 19-1996 § 4)

8.12.080 General district taxing authority – Certificated haulers.

The general district is authorized to levy the excise tax upon the charges paid to certificated haulers for the collection of solid waste, but not on the charges paid to certificated haulers for the collection of recyclable materials by each residential dwelling and by each business or institution in the district. This excise tax shall equal a percentage of the collection charges billed by certificated haulers. The solid waste excise tax shall apply whether the business or institution is for-profit or nonprofit, public or private. This tax shall be equal throughout the district. The County council, acting as the governing body of the district, shall set the level of the tax from time to time by ordinance. (Ord. 11-2012 § 7; Ord. 19-1996 § 5)

8.12.090 General district taxing authority – Self-haulers.

The general district is authorized to levy the tax upon the fees paid by any person for the delivery of solid waste or recyclable materials to any solid waste handling or disposal facility located within the general district that is owned or operated by the County; provided, however, that the tax shall not be imposed upon such fees paid by certificated haulers for the delivery of waste collected from a residential dwelling, business or institution that is subject to the tax pursuant to SJCC 8.12.080. The tax upon tipping fees for self-haul delivery of waste to a County facility shall equal a percentage of such fees and shall be established at the same rate as the tax upon charges paid to certificated haulers. (Ord. 11-2012 § 8; Ord. 19-1996 § 6)

8.12.100 Customers – Billing.

To simplify collection of the tax established by SJCC 8.12.080, each certificated hauler shall include the tax in its regular billing cycle for all customers within the general district and remit the proceeds collected to the County treasurer clearly indicating that such proceeds pertain to collections in the general district by the tenth working day following the end of each month. The tax provided for pursuant to SJCC 8.12.090 shall, for administrative purposes, be billed and collected as nearly as possible in a manner compatible with the state solid waste tax, Chapter 82.18 RCW. (Ord. 11-2012 § 9; Ord. 19-1996 § 7)

8.12.110 Customers – List.

To assist in the enforcement of the taxes levied pursuant to this chapter, each certificated hauler shall provide to the County treasurer a listing of its customers and information identifying customers delinquent in payment of the tax. Such listings shall be used by the County treasurer for purposes of bringing collection actions against parties failing to pay the taxes required herein. The County treasurer may request the assistance of the County prosecuting attorney to enforce collection of past due taxes and is authorized to seek the assistance of the State Department of Revenue in coordinating the collection of these taxes with the state tax required by Chapter 82.18 RCW. (Ord. 11-2012 § 10; Ord. 19-1996 § 8)

8.12.120 Appeals.

Any party aggrieved in the application of the tax provided for herein may appeal the same to the County board of equalization. The decision of such board shall be binding on the County. (Ord. 11-2012 § 11; Ord. 19-1996 § 9)

8.12.130 Excluded portions of charges.

Any certificated hauler that wishes to exclude any portion of its gross charges for solid waste collection from the tax shall bear the obligation to segregate and justify that a portion of the waste should not be subject to the tax, and shall be subject to the appeal provisions of SJCC 8.12.120. (Ord. 11-2012 § 12; Ord. 19-1996 § 10)

8.12.140 Lien provisions.

If the tax is not paid when billed by a certificated hauler, the County may seek payment of the tax and secure liens and execute against the property served for the unpaid tax, penalties and interest, all as provided in RCW 36.58.140. All taxes unpaid for 90 days may be assessed a penalty of $25.00, plus interest compounded at the rate of one percent per month for each month said tax remains unpaid. (Ord. 11-2012 § 13; Ord. 19-1996 § 11)

8.12.150 General district operations.

The County council is ex officio the governing body of the general district. The governing body shall by ordinance or resolution: (A) approve an annual budget; (B) authorize submission to the voters of a measure to levy an excess regular property tax; (C) authorize any adjustment to the tipping fees charged for the disposal of solid waste and recyclable materials; (D) authorize and set the rate of any excise tax; (E) approve the location where solid waste and recyclable materials are disposed; (F) authorize the terms of any borrowing or bonds of the general district. The operations of the general district shall be managed by the solid waste division of San Juan County. (Ord. 11-2012 § 14; Ord. 19-1996 § 12)

8.12.160 General district solid waste utility fund.

All taxes or other fees collected pursuant to this chapter shall be deposited to the general district solid waste utility fund or such other fund or accounts as may be designated pursuant to ordinance or regulation of the general district, and shall be used solely for purposes related to solid waste operations, capital improvements and related debt service thereon of the district and the legacy costs incurred before the formation of the general district. Such legacy costs and related capital improvements include but are not limited to the closure of the Orcas Island Landfill, and the expenses incurred in the selection, study, planning for facilities for handling solid waste and recyclable materials and construction of any County-owned facilities for handling solid waste and recyclable materials; provided, however, County council may authorize up to five percent of solid waste excise tax funds collected to be used to support tax billing and collection activities by the County treasurer, bill payment and record keeping activities of the County auditor, and other solid waste related work of the prosecuting attorney for the general district. (Ord. 11-2012 § 15; Ord. 19-1996 § 13)

8.12.170 Governing body review.

The governing body of the district shall review the need for the solid waste excise tax, the level of the tax, and the operation of the solid waste system as frequently as may be needed. Such review shall be performed no less frequently than the review of solid waste management plans as required under Chapter 70.95 RCW and as such law may be amended from time to time. (Ord. 11-2012 § 16; Ord. 19-1996 § 14)

Article III. Solid Waste Disposal District (“Lopez District”)

8.12.180 Lopez district established.

The Lopez solid waste disposal district (“Lopez district”) is hereby formed to provide a locally directed way to manage solid waste and recyclable materials and a sound financial basis for the funding of solid waste planning, operations, capital improvements and legacy expenses. The Lopez district shall include all of Lopez Island. (Ord. 11-2012 § 17)

8.12.190 Findings.

The County council in forming the Lopez district determines and finds that:

A. State and federal law and regulation have placed increased responsibility on local governments to manage solid waste disposal systems in a manner that protects public health and safety;

B. The community of Lopez Island has expressed a desire to direct the management of the solid waste disposal and handling of recyclable materials generated on Lopez Island;

C. Properly designed, operated, and maintained solid waste disposal facilities are essential public utilities serving broad public interests by protecting public health and safety;

D. State and federal standards for solid waste disposal, including requirements for recycling and waste reduction, have greatly increased the cost of solid waste disposal systems;

E. The transfer, disposal, and other handling of solid wastes generated by residents of the Lopez district, whether generated at their homes or elsewhere in the district, has imposed and will continue to impose cost burdens on the County and the Lopez district;

F. All residences and businesses within the Lopez district are beneficiaries of County solid waste disposal systems and facilities and receive substantial and essential public service by having the operational availability on a continuing basis of healthful, safe, and reliable solid waste disposal facilities and systems;

G. A stable funding program made up of tipping fees and an excise tax are part of a sound program to provide a viable solid waste handling system and safe, effective, disposal facilities; and

H. Imposition of the excise tax provided for by this article will promote the County’s ability to fund solid waste capital improvements and pay for legacy costs of solid waste handling activities within the Lopez district. (Ord. 11-2012 § 18)

8.12.200 Lopez district taxing authority – Certificated haulers.

The Lopez district is authorized to levy the excise tax upon the charges paid to certificated haulers for the collection of solid waste but not on the charges paid to certificated haulers for the collection of recyclable materials by each residential dwelling and by each business or institution in the district. The solid waste excise tax shall apply whether the business or institution is for-profit or nonprofit, public or private. This tax shall equal a percentage of the collection charges billed by certificated haulers. This tax shall be equal throughout the district. The County council, acting as the governing body of the district, shall set the level of the tax from time to time by ordinance. (Ord. 11-2012 § 19)

8.12.210 Lopez district taxing authority – Self-haulers.

The Lopez district is authorized to levy the tax upon the fees paid by any person for the delivery of solid waste but not upon fees paid for disposal of recyclable materials to any solid waste handling or disposal facility located within the Lopez district that is owned or operated by the County or the Lopez district; provided, however, that the tax shall not be imposed upon such fees paid by certificated haulers for the delivery of waste collected from a residential dwelling, business or institution that is subject to the tax pursuant to SJCC 8.12.200. The tax upon tipping fees for self-haul delivery of waste to a County facility shall equal a percentage of such fees and shall be established at the same rate as the tax upon charges paid to certificated haulers. (Ord. 11-2012 § 20)

8.12.220 Customers – Billing.

To simplify collection of the tax established by SJCC 8.12.200, each certificated hauler shall include the tax in its regular billing cycle for all customers within the Lopez district and remit the proceeds collected to the County treasurer clearly indicating that such proceeds pertain to collections in the Lopez district by the tenth working day following the end of each month. The tax provided for pursuant to SJCC 8.12.210 shall, for administrative purposes, be billed and collected as nearly as possible in a manner compatible with the state solid waste tax, Chapter 82.18 RCW. (Ord. 11-2012 § 21)

8.12.230 Customers – List.

To assist in the enforcement of the taxes levied pursuant to this article, each certificated hauler shall provide to the County treasurer a listing of its customers and information identifying customers delinquent in payment of the tax. Such listings shall be used by the County treasurer for purposes of bringing collection actions against parties failing to pay the taxes required herein. The County treasurer may request the assistance of the County prosecuting attorney to enforce collection of past due taxes and is authorized to seek the assistance of the State Department of Revenue in coordinating the collection of these taxes with the state tax required by Chapter 82.18 RCW. (Ord. 11-2012 § 22)

8.12.240 Appeals.

8.12.250 Excluded portions of charges.

8.12.260 Lien provisions.

If the tax is not paid when billed by a certificated hauler, the County may seek payment of the tax and secure liens and execute against the property served for the unpaid tax, penalties and interest, all as provided in RCW 36.58.140. All taxes unpaid for 90 days may be assessed a penalty of $25.00 plus interest compounded at the rate of one percent per month for each month said tax remains unpaid. (Ord. 11-2012 § 25)

8.12.270 Lopez district governing body.

The County council is ex officio the governing body of the Lopez district. The intention of the County council is that the governing body will delegate the responsibility for the management of the operation of the Lopez district to the Lopez district managing board reserving to the governing body the authority and power to take the following actions by resolution or ordinance after first giving notice to the Lopez district managing board and others when required by law: (A) approve an annual budget of the Lopez district; (B) authorize submission to the voters of any measure to levy an excess regular property tax; (C) authorize any adjustment to the tipping fees charged for the disposal of solid waste and recyclable materials; (D) authorize and set the rate of any excise tax; (E) approve the location where solid waste and recyclable materials are disposed; (F) authorize the terms of any borrowing or bonds of the Lopez district; (G) appoint and remove members of the Lopez district managing board; and (H) approve any contract or lease that exceeds the authority as set forth in the approved budget or exceeds the duration of a revenue stream that is earmarked to pay the contract or lease. (Ord. 11-2012 § 26)

8.12.280 Lopez district managing board.

The operations of the Lopez district shall be managed by the Lopez district managing board (“managing board”). The managing board shall consist of at least three and not more than seven persons appointed by governing board. The managing board shall adopt appropriate bylaws and rules of operation and select a chair and vice chair, and each duly selected chair or vice chair is granted signing authority to bind the Lopez district to any contract or loan that is within the budget authority approved by the governing body. The bylaws of the managing board shall establish the duration and term of office for each position. The managing board shall have all the powers necessary to carry out an operation of solid waste handling on Lopez Island, except as such powers have been reserved by the governing body in SJCC 8.12.270 and shall: (A) prepare and submit an estimate of revenue and expenses to the governing body for the ensuing year in the form used by other County departments by the second Friday in August of each year or such other time as is specified by the governing body; (B) develop such bylaws, rules, regulations and procedures for personnel, contracting, financial operation, and the operation, maintenance and improvement of the solid waste handling facilities as may be appropriate for the size of the Lopez district; (C) set pay and benefit levels, recruit, hire, train, discipline and discharge employees and/or independent contractors and/or volunteers as appropriate; (D) enter into contracts, leases and agreements with private entities or other governmental entities to assure all solid wastes are handled in a manner consistent with state law, county ordinance and the San Juan County Solid Waste Management Plan; (E) obtain and maintain general liability insurance and such other insurance as appropriate for all operations which names the governing body and the County, its officers, employees and agents as additional named insureds; (F) recommend an amount for tariffs and fees, taxes and charges; (G) participate in the revision and amendment of the San Juan County Solid Waste Management Plan. All meetings of the managing board shall be subject to the Open Public Meetings Act and its exceptions for executive session or closed meetings. (Ord. 2-2016 § 1; Ord. 11-2012 § 27)

8.12.290 Solid waste utility fund.

All taxes or other fees collected pursuant to this article shall be deposited to the Lopez district solid waste utility fund or such other funds or accounts as may be designated pursuant to ordinance or regulation of the Lopez district, and shall be used solely for purposes related to solid waste operations, capital improvements and debt service thereon of the district and legacy costs incurred before the formation of the Lopez district as deemed necessary by the governing body. Such legacy costs and capital improvements include but are not limited to the closure of the Orcas Island Landfill, and the expenses incurred in the selection, study, planning for facilities for handling solid waste and recyclable materials and construction of County-owned facilities for handling solid waste and recyclable materials; provided, however, where allowed by law, the governing body may authorize up to five percent of the solid waste excise tax funds collected to be used to support tax billing and collection activities by the County treasurer, bill payment and record keeping of the County auditor and other solid waste related work of the prosecuting attorney for the Lopez district. (Ord. 11-2012 § 28)

8.12.300 Review.

Article IV. Level of Service

8.12.310 Purposes.

A. Ensure solid waste services are available to all reasonably accessible residences and businesses in the County, that recycling collection service is provided to all garbage collection service customers in order to promote resource conservation and reduce disposal of solid waste;

B. Ensure that waste reduction and recycling are available to conserve resources through solid waste management and that garbage disposal is available to ensure that public health is protected;

C. Support rate structures that encourage waste reduction and recycling and to provide the Washington Utilities and Transportation Commission with guidance regarding distribution of rates among ratepayers; and

D. Describe minimum levels of service provided by certificated haulers. (Ord. 2-2012 § 1)

8.12.320 Service zones.

The geographic separation of the islands creates variability in the solid waste management needs. To better address these differences the County establishes the following service zones within the County:

A. San Juan Island – Zone A. All unincorporated areas of San Juan Island.

B. Orcas Island – Zone B. All unincorporated areas of Orcas Island.

C. Lopez Island – Zone C. All unincorporated areas of Lopez Island.

D. Non-Ferry-Served Islands – Zone D. All islands not served by the Washington State Ferry System.

E. Shaw Island – Zone E. All unincorporated areas of Shaw Island. (Ord. 2-2012 § 3)

8.12.330 Minimum garbage services.

A. General Services. The following services will be available in all zones except zone D.

1. Garbage service will be made available by certificated haulers to each individual residential and commercial activity that requests service in service zones A (San Juan Island), B (Orcas Island), C (Lopez Island) and E (Shaw Island) as described in SJCC 8.12.320. The certificated hauler is not required to provide service on islands in zone D (non-ferry-served islands). The certificated hauler will serve zone D customers if an alternate collection point on a ferry served island is established by the zone D customers or by separate agreement by customers in zone D.

2. The residential service location will be at a location that is considered reasonably safe and accessible by the certificated hauler. This location may be at the residence or at an alternate collection point near the residence as agreed to by the customer and the certificated hauler.

3. The certificated hauler will offer scheduled service intervals for garbage on a biweekly and monthly basis for residential customers and a weekly, biweekly and monthly basis for commercial customers. The certificated hauler will offer irregular service through either a tag or subscription service. The certificated hauler will offer mini-can, and walk-in service for elderly or infirm customers.

4. Certificated haulers will collect spilled litter in the immediate vicinity of a pickup location. If the spilled material appears to be related to insufficiently secured collection containers the owner of the container will be notified and may be charged a cleanup fee for repeated instances of unsecured containers.

B. Garbage and recycling services will be offered only in combination. Rates will be established for these combined services by the Washington Utilities and Transportation Commission.

C. Collection costs shall be distributed throughout the service zones A (San Juan Island), B (Orcas Island), C (Lopez Island) and E (Shaw Island) to all ratepayers. (Ord. 9-2012 § 2; Ord. 2-2012 § 4)

8.12.340 Special provisions for garbage service.

A. Orcas Island (Zone B). When the tipping floor at the Orcas transfer station is operated for the purpose of loading solid waste for delivery to a disposal facility, the certificated hauler will be provided access to these services by the operator at rates no higher than rates charged to other customers by the site operator.

B. Non-Ferry-Served Islands (Zone D). The certificated hauler may negotiate alternate service locations or may provide drop-off service collection points to serve residents of non-ferry-served islands. Access to these locations will be limited to residents of the island(s) intended and paying appropriate fees. (Ord. 2-2012 § 5)

8.12.350 Minimum recycling services.

A. General Residential Recycling Services.

1. Recycling services will be provided to all certificated hauler garbage service customers.

2. No special containers will be required for recycling service. Customers will clearly identify recycle containers in a manner described by the certificated hauler.

3. Recycling services will be provided along with irregular services commonly described as “can stickers” or “bag tags” on an equal volume basis (i.e., each can of garbage may be accompanied by a can of recycling material).

4. Recyclable materials collected will include: container glass, container plastics, aluminum cans, tin cans, mixed paper, corrugated cardboard, box board and other items listed as high priority level items in Table 4.2 of the Solid Waste Management Plan.

5. Additional materials may be collected at the option of the certificated hauler provided there is no additional fee charged to the customers and any revenue from the sale or recycling of the material is apportioned pursuant to RCW 81.77.185.

6. The certificated hauler may choose to collect the recyclable materials as separate commodities or commingled at the haulers discretion.

7. Recycling services will be provided on the same day of the week as garbage service.

8. The certificated hauler shall provide customers with information regarding the recyclable materials accepted, proper preparation of materials and proper set-out methods no less often than semi-annually and immediately for all new customers.

9. Recycling collection will be provided monthly for customers that subscribe to garbage service.

10. Recycling volume is the equivalent of two cans per collection.

B. Garbage and recycling services will be offered only in combination. Rates will be established for these combined services by the Washington Utilities and Transportation Commission.

C. Collection costs shall be distributed throughout the service zones A, B, and C to all ratepayers. (Ord. 2-2012 § 6)

8.12.360 Special provisions for recyclable materials.

A. Zone C (Lopez Island). SJCC 8.12.350(A)(7) does not apply in zone C.

B. Zones D (Non-Ferry) and E (Shaw). The certificated hauler may negotiate alternate service locations or may provide drop-off service collection points to serve residents of non-ferry-served islands. Access to these locations will be limited to residents of the island(s) intended and paying appropriate fees.

C. Zone E (Shaw). Collection of recyclable materials at the residence or commercial establishment may be offered in this zone provided the cost of this service does not affect the rates in other zones. (Ord. 2-2012 § 7)

8.12.370 Additional required services.

A. Used Oil Collection. Collection of used oil from residential customers shall be available. Standards for set out shall be developed by the certificated hauler and maintained on the County website. The cost of this service shall be distributed throughout all service zones to all residential ratepayers except those in zone D.

B. Bulky Items. Collection of bulky items shall be provided to all customers by the certificated hauler. The cost of this service shall be borne by the customer receiving service. This service may be provided through either regular collections not less than quarterly or through a will call service.

C. Noxious Weed and Litter Collection. The certificated hauler will collect separately bagged noxious weeds and litter from residential customers that have been provided with bag tags or can stickers purchased by the County. Tags or stickers purchased by the County for this purpose will not include recycling services and the cost of recycling services will not be included in the rate established for noxious weed and litter tags.

D. Used Antifreeze Collection. Collection of used antifreeze from residential customers shall be available. Standards for set out shall be developed by the certificated hauler and maintained on the County website. The cost of this service shall be distributed throughout all service zones to all residential ratepayers except those in zone D.

E. Exemptions. None of the services listed in this section are required in a particular service zone if they are available through a County-operated program or other provider located within that service zone. (Ord. 2-2012 § 8)

8.12.380 Program promotion.

A. The certificated hauler will provide customary information regarding the availability of services.

B. The certificated hauler will encourage the use of the recycling services through a robust program of ongoing educational and promotional activities targeted toward their customers.

C. The certificated hauler will maintain a website that at a minimum provides the following information:

1. All basic garbage services available and the fee for service.

2. All basic recycling services available and the fee for service.

3. All special services available (e.g., walk-in) and the fee for service.

4. A method for submitting service inquiries and complaints.

5. A description of the recyclable materials that are accepted and how they should be prepared (if applicable).

6. A description of days of service by location. (Ord. 2-2012 § 9)

8.12.390 Reporting requirements.

A. Tariff filings must be submitted to the County for review at the time they are submitted to Washington Utilities and Transportation Commission. The County will review the tariff for consistency with the Solid Waste Management Plan.

B. The amounts of material collected, processed, or disposed will be reported to the County on a semiannual basis no later than August 15th and February 15th.

C. The reports required in subsection (B) of this section will include the monthly amounts for each class of material and service area.

D. The reports will include the current rates being charged at processing and disposal facilities being utilized by the certificated hauler.

E. A log of customer complaints.

F. The total number of customers in each class (residential, commercial, others) and by frequency of service. (Ord. 2-2012 § 10)

8.12.400 Amendments by certificated hauler.

A certificated hauler may request changes to this article by submitting a written proposal to the San Juan County solid waste advisory committee (SWAC). The SWAC will consider the proposal and make a recommendation to the County council. (Ord. 2-2012 § 11)