HomeMy WebLinkAboutAgenda Packet 03/09/2004 PORT ANGELES~ WA 98362
MARCH cj, 2004
3:00
Al'-.'. E N DA
I. CALL To ORDER
Ii. ROll CALL
mil. APPROVAL OF MINUTES FOR FEBRUARY 10r 2004
IV. LATE ITEMS
V. DISCUBBIDN ITEMB
A. RAYONIER LEACHATE FEE REDUCTION REQUEST
B. LANDFILL TRANSFER STATION UPDATE
r., MORSE CREEK HYDROELECTRIC STATUS REPORT (ORAL}
VI, EXECUTIVE SESSION - PENDINB LITIBATION
VII, NEXT MEETINS DATE - APRIL 33~ 2nn4
VIII. ADJOURNMENT
UTILITY ADVISORY COMMITTEE
GUEST SIGN UP SHEET
PRINT NAME ORGANIZATION
N: \PWKS \ LIGHT\CONS \ CATE \ SIGNUP.wpd
UTILITY ADVISORY COMMITTEE
Port Angeles, Washington
February 10, 2004 ~.~
I. Call to Order:
Chairman Rogers called the meeting to order at 3:00 p.m.
II. Roll Call:
Members Present: Chairman Rogers, Mayor Headrick, Councilmember Erickson, Dean Reed,
Allen Bentley
Members Absent: None
Staff Present: Craig Knutson, Glenn Cutler, Scott McLain, Gary Kenworthy, Larry
Dunbar, Steve Sperr, Cate Rinehart
Others Present: Brian Gawley (4:05) - Daily News
Paul Lamoureux - Citizen
Pete Gfigorieff- Wave Broadband
Steve Merrill - Brown and Caldwel]
Bob Gatz - Brown and Caldwell
111. Approval of Minutes:
Chairman Rogers asked if there were any additions or corrections to the meeting minutes of
January 13, 2004. Councilmember Eriekson moved to approve the minutes. Mayor Headrick
seconded the motion, which carried unanimously.
IV. Discussion Items
A. Energy Star Utility Participation Agreement
Larry Dunbar, Power Resources Manager, advised that the Northwest Energy Efficiency Alliance had
offered thc City an agreement to participate in the Energy Star Home Products Program. The "2004
Double Your Savings With Energy Star" campaign will provide a temporary $25 to $50 rebate on energy
efficient clothes washers depending on the energy efficiency of the model. This rebate combined with
thc current $50 rebate will allow customers to receive a total of $75 to $100. This promotion will be
available from April 15, 2004 through July 15, 2004 and will be advertised through coupons. There was
a hrief discussion.
Councilmember Erickson moved to recommend City Council approve the 2004 Double Your
Savings Energy Star Utility Participation Agreement. Allen Bentley seconded the motion, which
carried unanimously.
B. Cable Television Franchise Term Extension Compliance Report
Larry Dunbar, Power Resources Manager, reported Wave Broadband to be in full compliance with all
extended term franchise requirements citing early I-Net backbone completion at 12 ½ pement under
budget and acceptable testing at all node locations. A discussion followed.
Allen Bentley moved to recommend City Council accept completion of the institutional network
backbone and anthorize release of retainage to Wave Broadband, and affirm that Wave
Broadband has satisfied all extended term franchise requirements. Dean Reed seconded the
motion, which carried unanimously.
C. CSO Plan Presentation And Discussion
Steve Sperr, Engineering Manager, provided an overview of the five CSO discharge outfalls requiring
monitoring. The wastewater consultant, Brown and Caldwell, distributed a handout and gave a
presentation based on that information. This included proposed alternatives and schedules for
compliance, cost estimates, and proposed funding alternatives. Staffrecommendations included
Rayonier acquisitions, industrial water line use options, the Lincoln street outfall as a possible first
stormwater project, and completion of a infiltration/inflow study related to roof drains. A discussion
followed.
No action taken. Information only.
V. Late Items - none
VI. Next Meeting: The next meeting will be March 9, 2004.
VII. ~4djournment: The meeting was adjourned at 5:00 p.m.
Councilmember Rogers, Chairman Cate Rinehart, Administrative
Assistant
W A $ H I N (3 T 0 N, U. $. A.
UTILITY ADVISORY COMMITTEE MEMO
DATE: March 9, 2004
TO: UTILITY ADVISORY COMMITTEE
FROM: Jeff Young, Wastewater Treatment Plant Superintendent
RE: Fee Reduction Request for Rayonier
Summary: Rayonier has requested that the fee for processing leachate from the Mount Pleasant
Landfill be reduced from $0.04 to $0.02 a gallon.
Recommendation: Recommend to C~ty" Council that the Rayonier' leachate charge be
reduced from $0.04 to $0.03 a gallon.
Background/Analysis: Per Rayonier letter dated December 12, 2002 (see attached) they
requested that the fee for processing leachate from the Mount Pleasant landfill be reduced from
$0.04 to $0.02 per gallon. This request is based upon the benign nature of the leachate and the
fact that the leachate contaminate levels are below that of fresh waste. The Port Angeles
Municipal Code (PAMC) 3.70.110, Treatment of Fresh Waste sets a rate of $0.02 per gallon.
The analytical reports indicate that the leachate is below the limits set for the fresh waste.
There was no established rate when Rayonier made their request of the City for acceptance in
2000. The UAC recommended to the City Council that a rate of $0.04 per gallon be established.
The Council set the rate at $0.04 per gallon.
In view of the fact that the leachate is being generated outside of the City limits, it is
recommended that the rate be reestablished at $0.03 per gallon, 150% of the rate established for
waste received from within the City limits.
Attachment: Rayonier letter dated December 12, 2002
December 12, 2002
Gary Kenworthy
City of Port Angeles
P.O. Box 1150
Port Angeles, WA 98362
Re: Mt. Pleasant Leachate - Request for Permit Modification
Dear Mr. Kenworthy:
Permit IWA-01-99 issued by the City to Rayonier allows leachate from Mt. Pleasant landfill to
be delivered to the municipal treatment facility. Attached is a report that shows the latest
results for the analytical tests that were completed on the leachate.
As the report illustrates, two years of data have shown that the leachate contains only a few
contaminants and these contaminants were at minimal levels that are far below the permit's
allowed values. In addition, the recent closure of the Phase One cell atthe landfill will
significantly reduce the volume of leachate being taken to the POTW and even further reduce
any potential impact of the leachate on the treatment system. Therefore, we are requesting
that the permit be modified to eliminate all of the testing requirements with the exception of
pH and flow. We would recommend that the pH be monitored on a weekly basis and that the
flow of effluent delivered to the POTW continue to be determined by the in-line meter.
The permit requires that Rayonier pay a fee of $0.04 per gallon for leachate discharged to the
POTW. At the inception of the permit, Rayonier agreed to this rate but, due to the benign
nature of the leachate, we are requesting that the fee be reduced to $0.02 per gallon. A rate
of $0.02 would put the fee paid by Rayonier at a standard rate when compared to what the
City is charging other dischargers in the area.
We sincerely appreciate the willingness of the City to accept the leachate during the past two
years and we believe that the above requested changes in the permit would allow treatment
of the leachate to continue at a rate and cost that would be fair and acceptable to all
concerned.
Please call me if you have any questions or comments (360-808-1805 or 912-427-5354).
Sincerely,
Mgr., Environmental Engineering
cc: Cris Matthews -WDOE
Jennifer Bamhill - Clallam County
700 N. Ennis Street Port Angeles, WA 98362
Telephone (360) 457-3392 Fax (360) 457-2437
Pme~lleG SUOlleO
W A $ H ~ N ~ T 0 N, U. S. A.
UTILITY ADVISORY COMMITTEE MEMO
DATE: March 9, 2004
To: UTILITY ADVISORY CO1VIMITTEE
FROM: Glenn A. Cutler, Director Public Works and Utilities
SUI~ECT: Solid Waste Export and Transfer Station System Interlocal Agreement
Summary: The City staffhas developed a Solid Waste Export and Transfer Station System
Interlocal Agreement with stafffi'om the City of Sequim and Clallam County. This document
has been developed to ensure that the system replacing the landfill functions will have a volume
of solid waste sufficient enough to provide for the lowest possible rates for citizens in the eastern
portion of Clallam County. . .
Recommendation: Listen to the presentation and discuss the interloeal agreement. Make a
recommendation to the City Council that the interloeal agreement concepts be approved.
Background/Analysis:
The City, County and City of Sequim have been negotiating an interlocal agreement for a solid
waste export and transfer station system (SWETSS) to replace the Port Angeles Landfill
function. The document was developed to ensure that the system replacing the landfill functions
will have a volume of solid waste sufficient enough to provide for the lowest possible rates for
citizens in the eastern portion of Clallam County. The County and City staffhave concurrence
on the agreement. The City of Sequim staffwould concur with the document if the provision for
the solid waste export and transfer station system enterprise fund would be proposed to be
separate from the landfill enterprise fund. The agreement and the concerns of the City of Sequim
will be addressed during a presentation at your meeting.
The Solid Waste Advisory Committee (SWAC) for Clallam County conditionally endorsed the
agreement. The conditions identified that need resolution are; 1) better delineation of the western
boundary at Lake Crescent, 2) ability of vendors to provide input on rate setting, 3) Lake Creek
cost being included in the Blue Mountain Drop Box fees and 4) combining the costs of the
landfill and SWETSS into a single enterprise fund.
Attached is a copy of the draft interlocal agreement for review and consideration. Also attached
is a copy of the presentation given to the SWAC on Thursday, March 4, 2004 that addresses the
highlights of the agreement.
It is recommended that the UAC discuss the interlocal agreement, after a presentation by staff,
and forward a recommendation to the City Council to approve the concepts in the draft interlocal
agreement. The document still needs to have a legal review by the City consultant, and the
legislative bodies of the other agencies may require changes in language.
Attachments: Draft Interlocal Agreement Regarding Regional Solid Waste Export and Transfer
Station Cooperation Agreement
SWAC Presentation Dated March 4, 2004
N:\UAC~Final~Intcrlocal Agr Solid W~st¢.wpd
INTERLOCAL AGREEMENT REGARDING
REGIONAL SOLID WASTE EXPORT AND TRANSFER SYSTEM
COOPERATION AND IMPLEMENTATION
THIS AGREEMENT is executed by and among Clallam County ("County") and
the Cities of Port Angeles and Sequim (the "Cities") (the County and the Cities are
collectively referred to herein as "the Parties") for the purposes of providing for
competitively-priced regional solid waste export and transfer system facilities and
services; promoting the health, safety and welfare of the County's and Cities' residents;
and protecting the natural environment throughout the County. The Parties enter into this
Interlocal Agreement ("Agreement") effective as of the date set forth in Section 9(A) for
the purposes and under the terms contained herein.
WHEREAS, the Parties have cooperated in developing and implementing the
County's Comprehensive Solid Waste Management Plan pursuant to RCW 70.95 ("the
Plan") on behalf of the County and the Cities; and
WHEREAS, the City of Port Angeles Sanitary Landfill, the only operating
municipal solid waste landfill in Clallam County se rving the area from Lake Crescent
eastward, is projected to reach capacity by the end of 2006, at which time the City has
proposed closing the landfill; and
WHEREAS, in anticipation of the closure of the Port Angeles landfill and in
recognition of the absence of alternative local landfill sites, the Parties desire to cooperate
to provide for a Regional Solid Waste Export and Transfer System; and
WHEREAS, by entering into an interlocal agreement providing for each Party's
cooperation, the Parties can more effectively and efficiently procure management of the
Regional Solid Waste Export and Transfer System; and
WHEREAS, the Parties anticipate that the Regional Solid Waste Export and
Transfer System facilities will be located at the current site of the Port Angeles Sanitary
Landfill, will be operated by the City of Port Angeles or a private company under
contract with the City of Port Angeles, and will be utilized by the Cities, County and by
the private solid waste collection companies that serve the Cities and unincorporated area
of the County from Lake Crescent eastward; and
WHEREAS, the Parties to this Interlocal Agreement have been responsible for
accumulating closure and post-closure funds as required by law for the Port Angeles
Landfill, and the Parties intend for the Regional Solid Waste Transfer and Export System
Interlocal Draft 4.1 - 1 - February 24, 2004
N:\GLENN\interlocal agr draR 4-1.doc
funding arrangement to provide for any additional funds related to unmet or unanticipated
Port Angeles Landfill requirements; and
WHEREAS, the Parties intend that a portion of the tipping fees for the Blue Mountain
Transfer Station be collected to continue to pay for the lease fee and upkeep costs for this
site as weil as the costs of closure testing and permits for the Lake Creek site presently
being covered by the Blue Mountain Drop Box fees collected by the County; and
WHEREAS, the Parties are authorized and empowered to enter into this
Agreement pursuant to Chapter 39.34 RCW.
THEREFORE, in consideration of mutual promises and covenants herein, the
Parties agree:
Section 1.
Definitions: Except for the terms defined in this section, and unless the context
indicates otherwise, for the purposes of this Agreement and any related
agreements, t he Parties shall use t he definitions found i n R CW 7 0.95.030, a nd
WAC 173-350, as they may be amended.
"Agreement" means this interlocal agreement.
"Cities" means either of the cities of Port Angeles and Sequim, Washington
(collectively, the "Cities").
"County" means Clallam County, Washington.
"Ecology" means the Washington State Depadment of Ecology or its successor
agency.
"Plan" means the Clallam County Comprehensive Solid Waste Management Plan.
"Solid Waste Advisory Committee" is an advisory committee whose members are
appointed by the County Commissioners to advise them on solid waste matters.
"Regional Solid Waste Export and Transfer System" means the facilities owned
by and/or contracted by, the City of Port Angeles, where deposit, processing,
recycling, composting, moderate risk waste handling, and transfer of solid waste
for disposal through a long-haul contract occurs. This will include the Blue
Mountain drop box site, facilities, and operations.
"Vendor" means either the City of Port Angeles or any company or person with
whom the City of Port Angeles contracts for any or all of the design, construction,
ownership, or operation of the Regional Solid Waste Export and Transfer System.
Interlocal Draft 4.1 - 2 - February 24, 2004
N:\GLENN\inteflocal agr draft 4-1.doc
Section 2. Responsibilities of the County. The County shall:
A. Process amendments to the Plan to provide for disposal of all non-
recyclable solid waste generated in the unincorporated areas of the
County from Lake Crescent eastward at the Regional Solid Waste Export
and Transfer System site(s) to the extent permitted by law. The Regional
Solid Waste Export and Transfer System will be the only designated
Export and Transfer System in the County East of Lake Crescent for the
term of this Agreement.
B. Process amendments to the County's zoning code, solid waste facility
permitting process ordinance, and other applicable ordinances to prohibit
solid waste transfer and export facilities that are not consistent with the
Plan, to the extent permitted by law;
C. Make a good faith effort to negotiate and execute with Jefferson County
an interlocal agreement requiring each county to amend its comprehensive
solid waste management plan, to the extent permitted by law, to prohibit
accepting waste generated outside its boundaries at disposal sites within
said county; unless approved as an emergency.
D. Consider forming a solid waste disposal district in the eastern part of the
County, to the extent it may become necessary to provide a dedicated
source of funds to help finance the capital and operations and maintenance
costs associated with the Solid Waste Export and Transfer System.
E. Shall not construct or have constructed any municipal solid waste export
and transfer system in the eastern part of Clallam County without the
approval of the Joint Solid Waste Advisory Board.
F. Participate in developing the request for qualifications/proposals and
selecting the contractor(s), for designing, building and if appropriate
operating the Solid Waste Export and Transfer System facilities, disposal
services, and long haul services.
G. Appoint a representative to the Joint Solid Waste Advisory Board.
H. Negotiate and administer the land lease between the County and the
Washington Depathnent of Natural Resources enabling the continuation of
drop box services at Blue Mountain.
Interlocal Draft 4.1 - 3 - February 24, 2004
N:\GLENN~inteflocal agr draft 4-1.doc
Section 3. Responsibility of the City of Port Angeles. The City of Port Angeles
shall:
A. Conduct a procurement process for selecting one or more Vendors to
provide solid waste export and transfer system facilities, disposal services,
and long-bani services;
B. In consultation and cooperation with the County and the City of Sequim,
either provide itself, or enter into and administer a contract with one or
more Vendors for, solid waste export and transfer system, and disposal
services for the Parties; and
C. In consultation and cooperation with the County and the City of Sequim
and the City of Port Angeles establish a Joint Solid Waste Advisory Board
that will review policies, procedures, rates and will operate as an advisory
group to the Utility Advisory Committee of the City of Port Angeles.
D. Provide administrative service related to the operation of the Regional
Solid Waste Export and Transfer System site(s) and long-haul service
including but not limited to:
1. Act as custodian of the Regional Solid Waste Export and
Transfer System/landfill enterprise fund created under this
Agreement.
2. Incorporate in its annual budget the budget for Regional
Solid Waste Export and Transfer System services under
this Agreement including, but not limited to revenues,
administrative costs of the parties, direct costs, indirect
costs according to approved cost allocation plans, personnel
services, insurance and land leases.
3. For facilities that are operated by the City of Port Angeles
as part of the solid waste export and transfer system,
provide for administrative service including, but not limited
to personnel services and insurance.
E. Provide a site for the regional Solid Waste Export System facilities at no
cost to the parties.
F. The Blue Mountain operations and facilities will be included in the
enterprise fund of the Solid Waste Export and Transfer System with
consideration of increased service if approved by the Joint Solid Waste
Advisory Committee.
Interlocal Draft 4.1 - 4 - February 24, 2004
N:\GLENN~inteflocal agr draft 4-1.doc
G. Direct solid waste collected within the City of Port Angeles (whether
collected directly by the City of Port Angeles or by a solid waste
collection company) to the Vendor selected through the procurement
process; take reasonable action to enforce such direction, including but not
limited to entering into a long term contract that requires disposal of solid
waste generated in the City of Port Angeles at the Solid Waste Export
facilities; and if the City of Port Angeles ceases to operate its own solid
waste collection system, then the City shall require that any contract with
solid waste haulers provides that solid waste hauled is disposed of at the
Solid Waste Export System facilities consistent with the Plan.
Section 4. Responsibilities of the City of Sequim. The City of Sequim shall:
A. Direct solid waste (except yard debris and composting operations and
materials) collected within the City of Sequim (whether collected directly
by the City of Sequim or by a solid waste collection company) to the
Vendor selected through the procurement process; take reasonable action
to enforce such direction, including but not limited to entering into a long
term contract with the City of Port Angeles for disposal of solid waste
generated in the City of Sequim at the Solid Waste Export and Transfer
System facilities; and if the City of Sequim ceases to operate its own solid
waste collection system, then the City shall require that any contract with
solid waste haulers provides that solid waste hauled is disposed of at the
Solid Waste Export and Transfer System facilities consistent with the
Plan; and
B. Cooperate in implementing Plan elements.
C. Participate in developing the request for qualifications/proposals and
selecting the contractor(s), for designing, building and if appropriate
operating the solid waste facilities.
D. Appoint representatives to the Joint Solid Waste Advisory Board.
Section 5. Duration of Agreement: This Agreement shall remain in force for 20
years fi.om the date that it is first effective as to all Parties. Any changes to this
Agreement must be agreed upon by all parties. This Agreement shall
automatically be extended for a period of five (5) years unless notice is given by
any party to the other parities within eighteen (18) months prior to the expiration
of the original twenty (20) year term, and in writing, that they do not desire to
extend the agreement
Interlocal Draft 4.1 - 5 - February 24, 2004
N:\GLENN\interlocal agr draft 4-1 .doc
Section 6. Governance and Rates.
A. Joint Solid Waste Advisory Board: A Joint Solid Waste Advisory Board
(JSWAB) shall be established. The Board will be composed of staff from
Clallam County, the City of Sequim, and the City of Port Angeles. The
Board will act as an advisory to the City of Port Angeles Utility and
Advisory Committee, Clallam County Solid Waste Advisory Committee
and others as necessary.
B. Membership Body: The JSWAB shall consist of the following members:
(1) Director of Public Works Clallam County, (2) Director of Public
Works City of Port Angeles, (3) Director of Public Works City of Sequim,
(4) Solid Waste Superintendent City of Port Angeles, (5) Utilities Division
Manager or designee from Clallam County. The Board shall draw upon
other staff members from the agencies as necessary and appropriate to
assist is carrying out its duties.
C. Officers and Procedures: The JSWAB shall select a chair and such other
officers as deemed necessary to conduct business. The Board shall adopt
rules and procedures it deems necessary for the proper and efficient
conduct of its business.
D. Meetings: The JSWAB shall be responsible to fix a time and place for its
meetings.
E. Powers and Duties: The JSWAB shall have the following powers and
duties:
1. Make recommendations for t he management a nd operation o f t he
Solid Waste Export and Transfer System operated under this
Agreement.
2. Submit budget recommendations to the participating jurisdictions
for action.
3. Review and recommend fees and charges and for services related to
disposal, operation of facilities and transfer of solid waste associated
with the Solid Waste Export and Transfer System.
F. Enterprise Fund: T here s hall b e maintained a n enterprise fund separate
from all other funds within the City of Port Angeles into which revenues
received from the parties to this Agreement, fees, charges, and any other
revenues associated with the operation and management of the Solid
Waste Export and Transfer System shall be deposited. This fund shall be
part of the City of Port Angeles annual budget and administered in
accordance with the City budget regulation and guidelines. Expenditures
Interlocal Draft 4.1 - 6 - February 24, 2004
N:\GLENN\interlocal agr draft 4-1 .doc
from the fund shall be made only for the Solid Waste Export and Transfer
System and landfill projects, closure and post closure costs not captured
during the operation of the landfill activities including actual
administrative costs of the parties pursuant to their obligations under this
agreement, the comprehensive solid waste plan, state and federal laws.
G. Costs: The costs of solid waste disposal and management of all parties to
this Agreement not otherwise reimbursed shall be included in the
operation of the enterprise fund. These costs shall include, but not be
limited to, operation of transfer sites, long haul, recycling operations,
composting, capitalization of facilities and equipment, administrative
costs, planning, and other costs directly related to Solid Waste Export and
Transfer System/Landfill operations. The JSWAB shall determine
inclusive costs when making budget recommendations to the Utility
Advisory Committee.
H. Fees and Charges: Fees for disposal shall be fair and equitable and shall be
applied equally throughout the jurisdiction of all participating parties at
the Port Angeles Regional Site. A separate fee structure may be
developed for the Blue Mountain Site.
I. Recycling: Encourage recycling efforts to the maximum extent possible
for yard debris, special wastes, and CDL (construction, demolition, and
land clearing waste) programs to minimize the amounts of material for
waste export.
Section 7. Access to Records: Duly authorized representative of the parties to this
Agreement shall have the right to inspect the records of the JSWAB and the
accounts and records of the City of Port Angeles relating to solid waste disposal
and transfer operations at any reasonable time.
Section 8. Assets and Liabilities: On termination of this Agreement, any assets
owned separately by a Party shall remain the property of that Party. In entering
into this Agreement, no Party assumes liability for the actions or activities of the
other, except as provided by law or as may be agreed by the Parties.
Section 9. Miscellaneous Provisions
A. Effective Date: This Agreement shall take effect the first date on which all
Parties have taken all necessary action to authorize and execute this
Agreement.
B. Amendment. This Agreement may be amended only in writing and only
by agreement of all Parties except as set forth in this section. The Parties
Interlocal Draft 4.1 - 7 - February 24, 2004
N:\GLENN~interlocal agr dra~ 4-1 .doc
hereby agree that this Agreement may be mended to allow any other
governmental entity within Clallam County, including tribes and the Town
of Forks, to join as a party. Additional parties joining shall be members
without voting rights unless they control 8% of the waste stream in the
County.
C. Withdrawal: A party may withdraw from this Agreement only upon
unanimous agreement of all parties, which agreement shall provide the
means by which a penalty may be charged for withdrawal from the
agreement by the parties.
D. Non-Waiver: No waiver by any party of any term or condition of this
Agreement shall be deemed or construed to constitute a waiver of any
other term or condition or of any subsequent breach whether of the same
or of a different provision of this Agreement.
E. No Third-Party Beneficiary: This Agreement is entered into to protect the
public health, safety and welfare of the residents of the Cities and County
and to promote the effective and efficient disposal or other handling of
solid waste in the Cities and the County. This Agreement is not entered
into with the intent that it shall benefit any party not signing this
Agreement, and no other person or entity shall be entitled to be treated as
a third-party beneficiary of this Agreement.
F. Assignment: Upon the creation of a solid waste disposal district pursuant
to RCW Ch. 36.58, the County and any City opting into such a disposal
district may assign its rights and obligations under this Agreement to the
solid waste disposal district.
G. Severability: If any provision of this Agreement is determined to be
invalid, the remaining provisions shall continue in full force and effect.
H. Counterparts: This Agreement may be executed in two or more
counterparts, and each such counterpart shall be deemed to be an original
instrument. All such counterparts together will constitute one and the
same Agreement.
I. Risk Allocation - Liability: The City of Port Angeles shall assme the risk
for all activities and liabilities of the Solid Waste Export System and shall
hold harmless from the defense costs and liability Clallam County and the
City of Sequim. It is agreed among the parties that the cost of liability
insurance for such risk shall be considered an operation cost of the Solid
Waste Export System and that any uninsured risk which results in a cost to
the City may be recovered by an appropriate increase in rates to cover any
uninsured loss.
Interlocal Draft 4.1 - 8 - February 24, 2004
N:\GLENN~interlocal agr draft 4- I .doc
IN WITNESS HEREOF, this Agreement is executed by Clallam County and by
the Cities of Port Angeles and Sequim, Washington.
Dated this __ day of ,2004. Dated this day of ,2004.
CITY OF PORT ANGELES CLALLAM COUNTY BOARD OF
COMMISSIONERS
, Mayor , Chair
Attest:
, Commissioner
, City Clerk
CITY OF SEQUIM
, Commissioner
Attest:
Attest:
, Clerk of Board
, City Clerk
Interlocal Draft 4.1 - 9 - February 24, 2004
N:\GLENN\interlocal agr draft 4-1 .doc
Interlocal Agreement
Regional Solid Waste Export
and Transfer System
(Port Angeles/Sequim/County)
Solid Waste Advisory Committee Meeting
March 4, 2004
Presentation
· Background
· Schedule
· Interlocal Agreement Highlights
· Recommendations
· Questions
Solid Waste Management
WASTE EXPORT IMPLEMENTATION SCHEDULE
Task/Milestone 2002 20~3 2004 200~ 2006
Background
· Landfill Closure NLT December 2006
· Implements Comprehensive Solid Waste Management Plan
· Competitively-priced
· Serve Eastern County fi.om Lake Crescent
· Effective and Efficient Procurement and Management
Transfer Station at Port Angeles Landfill Site
· Accommodate unplanned or unanticipated Landfill Closure Costs
Lake Creek Site supported by Blue Mountain Drop Box fees
2
Interlocal Agreement Provisions
· Port Angeles/County/Sequim
· Duration
· Governance and Rates
· Access to Records
· Assets and Liabilities
· Miscellaneous Provisions
Responsibilities of Port Angeles
· Conduct and Administer Process for the RFP/Q
· Participate in the JSWAB
Administer Export & Transfer System and Long-haul
Services
- Custodian of Enterprise Fund
- Include appropriate costs of parties into Enterprise Fund
- Administrative Services (not limited to personnel & insurance)
· Provide a Site for the Facilities at no cost
· Include Blue Mountain Drop Box in System
Commit to Waste Stream
Responsibilities of County
· Process Amendments:
- Disposal of all non-recyclable waste ~ Transfer Station
- Prohibiting Transfer Stations not consistent w/Comp Plan
· Negotiate w/Jefferson County not to take waste from
outside of County
· Consider forming a Disposal District, if necessary
· Not construct a Transfer Station
· Participant in development of RFP/Q
· Membership in JSWAB
· Administer Land Lease for Blue Mountain Drop Box
Responsibilities of Sequim
· Cooperate in implementation
· Participate in the JSWAB
· Participate in the RFP/Q Development
· Commit to Waste Stream
4
Duration
· 20 year initial term
· Automatic 5 year extensions
Governance and Rates
· Formation of a Joint Solid Waste Advisory Board
· Port Angeles (2)/County (2)/Sequim (1)
· Other Staffas Required
· JSWAB
· Review and Recommend Fees end Charges to UAC/PA Council
· Recommend Management and Operations Functions
Submit Budget Recommendations to Jurisdictions
· Establishment of Enterprise Fund
· Export end Transfer System & Landfill Combined
(Continued)
5
Governance and Rates
(Continued)
· Costs to be included · Operations
· Long Haul
· Recycling Operations
· Composfing
· Capitalization
· Administrative Costs
· Planning
· Other Related to System & Landfill (unplanned, etc)
Governance and Rates
(Continued)
· Fees and Charges
· Fair and Equitable
· Separate Fee Structure for Blue Mountain Drop Box Site
· Recycling
· Encourage to maximum extent possible
Access to Records
· Open to review by the Parties
Assets and Liabilities
· On Termination Assets Separately owned
stay with Party
· No Party Assumes Liability
7
Miscellaneous
· Effective Date: Upon signing
· Amendments
- All Parties Must Agree
- Additional Parties Permitted
- Voting Rights to Parties Controlling 8% of Waste Stream
· Withdrawal
- All Parties Must Ague
- Penalty May Be Charged
Risk Allocation
- City Assumes Risk for all Activities
- Hold Harmless Clallam County and Sequim
- Risk Insurance Considered Operation Cost
- Uninsured Risk Resulting in Costs covered by Rates
· " bmmendations
· Discuss Interlocal Agreement
· Identify Issues Requiring Further Information
Provide Recommendation to County Commissioners
I~_ 3RTAyGELES
Interlocal Agreement
Regional Solid Waste Export
and Transfer System
(Port Angeles/Sequim/County)
Utility Advisory Committee Meeting
March 9, 2004
pORTANGELES
Presentation
· Background
· Schedule
· Interlocal Agreement Highlights
· Recommendations
· Questions
Solid Waste Management
Long Range Plan
WASTE EXPORT IMPLEMENTATION SCHEDULE
TasPJMilest one 2002 2003 2004 2005 2006
L~ng Range Plan Approval
Background
Landfill Closure NLT December 2006
Implements Comprehensive Solid Waste Management Plan
Competitively-priced
Serve Eastern County from Lake Crescent
Effective and Efficient Procurement and Management
Transfer Station at Port Angeles Landfill Site
Accommodate unplanned or unanticipated Landfill Closure Costs
Lake Creek Site supported by Blue Mountain Drop Box fees
2
I)ORT~_~GELES
Interlocal Agreement Provisions
· Port Angeles/County/Sequim
· Duration
· Governance and Rates
· Access to Records
· Assets and Liabilities
· Miscellaneous Provisions
I)ORTd~MGELES
Responsibilities of Port Angeles
Conduct and Administer Process for the RFP/Q
Participate in the JSWAB
Administer Export & Transfer System and Long-haul
Services
Custodian of Enterprise Fund
- Include appropriate costs of parties into £nterprise Fund
- Administrative Services (not limited to personnel & insurance)
Provide a Site for the Facilities at no cost
Include Blue Mountain Drop Box in System
Commit to Waste Stream
Responsibilities of County
· Process Amendments:
- Disposal of all non-recyclable waste c~ Transfer Station
Prohibiting Transfer Stations not consistent w/Comp Plan
· Negotiate w/Jefferson County not to take waste from
outside of County
Consider forming a Disposal District, if necessary
· Not construct a Transfer Station
Participant in development of RFP/Q
Membership in JSWAB
Administer Land Lease for Blue Mountain Drop Box
I'~ORTd~N!GELES
Responsibilities of Sequim
· Cooperate in implementation
· Participate in the JSWAB
· Participate in the RFP/Q Development
· Commit to Waste Stream
4
pORTi~X~GEL~q
Duration
· 20 year initial term
· Automatic 5 year extensions
I~ORTA. NGELES
Governance and Rates
· Formation of a Joint Solid Waste Advisory Board
· Port Angeles (2)/County (2)/Sequim (1)
· Other Staff as Required
· JSWAB
Review and Recommend Fees and Charges to UAC/PA Council
Recommend Management and Operations Functions
Submit Budget Recommendations to Jurisdictions
· Establishment of Enterprise Fund
· Export and Transfer System & Landfill Combined
(Continued)
~ Governance and Rates
(Continued)
· Costs to be included
Operations
Long Haul
Recycling Operations
Composting
Capitalization
Administrative Costs
· Plarming
· Other Related to System & Landfill (unplanned, etc)
~ ......... ,., I~ORTANGELES
Governance and Rates
(Continued)
· Fees and Charges
· Fair and Equitable
· Separate Fee Structure for Blue Mountain Drop Box Site
· Recycling
· Encourage to maximum extent possible
6
I~ORT~GELF~g
Access to Records
· Open to review by the Parties
Assets and Liabilities
· On Termination Assets Separately owned
stay with Party
· No Party Assumes Liability
7
Miscellaneous
Effective Date: Upon signing
Amendments
All Parties Must Agree
Additional Parties Permitted
Voting Rights to Parties Controlling 8% of Waste Stream
· Withdrawal
All Parties Must Agree
- Penalty May Be Charged
· Risk Allocation
City Assumes Risk for all Activities
Hold Harmless Clallam County and Sequim
- Risk Insurance Considered Operational Cost
- Uninsured Risk Resulting in Costs covered by Rates
Recommendations
Discuss Interlocal Agreement
Identify Issues Requiring Further Information
Provide Recommendation to City Council
pORTA.NGELES
WASHINGTON, U.S.A.
UTILITY ADVISORY COMMITTEE MEMO
DATE: March 9, 2004
TO: UTILITY ADVISORY COMMITTEE
FROM: Glenn A. Cutler, Director Public Works and Utilities
SU~'ECT: Comments from Chair Karen Rogers
The following comments from Chair Karen Rogers were received concerning the solid waste
export and transfer station system agreement during a conversation the week of March 1, 2004.
1. Page 2, First Whereas clause, recommend defining Lake Creek. Lake Creek landfill was
used by the County and has been closed. Ongoing costs are being incurred due to a
change in the regulations after the landfill was closed.
2. Page 2, Section 1, Consider changing the word "either" to "both."
3. Page 4, Section 3B, clarify that itself is referring to the City of Port Angeles.
4. Page 7, Section 6G, clarify that UAC is a standing City of Port Angeles committee and
reports to the City of Port Angeles City Council.
N:\GLENN~Rogevs 3-9 comments.wpd