HomeMy WebLinkAboutAgenda Packet 10/10/2006
Utility Advisory Committee
Public Works Conference Room
Port Angeles, W A 98362
October 10, 2006
3:00 P.M.
AGENDA
I. Call To Order
II. Roll Call
III. Approval Of Minutes For September 12, 2006
Approval Of Minutes For September 27,2006
IV. Late Items
V. Discussion Items
A. Conservation Program Information
B. Solid Waste Collections Update
C. Comprehensive Solid Waste Management Plan Update 2006
D. Update On Various Solid Waste Issues (Verbal)
Site Life Verification
Construction Demolition Debris
Transfer Station Accept
E. City/County EUGA Sewer Interlocal Agreement
VI. Next Meeting Date - November 14, 2006
VII. Adjournment
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UTILITY ADVISORY COMMITTEE
GUEST SIGN UP SHEET
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UTILITY ADVISORY COMMITTEE
Port Angeles, Washington
September 12, 2006
L
Call to Order:
~;
Chairman Reed called the meeting to order at 3:00 p.m.
IL Roll Call:
Members Present:
Chairman Reed, Orville Campbell, Grant Munro, Betsy Wharton, Richard
Headrick
Members Absent:
Karen Rogers
Staff Present:
Bill Bloor, Glenn Cutler, Mike Puntenney, Scott McLain, Gary
Kenworthy, Steve Sperr, Bill McKenzie, Dan McKeen, Rick Hostetler,
Cate Rinehart
Others Present:
Brian Gawley - Daily News
Violet Creelman- Citizen
IlL Approval of Minutes:
Chairman Reed asked if there were any corrections to the meeting minutes of August 8, 2006.
Councilmember Wharton moved to approve the minutes. Councilman Headrick seconded the
motion, which carried unanimously.
Chairman Reed asked if there were any corrections to the meeting minutes of August 15, 2006.
Orville Campbell noted a spelling correction. Councilmember Wharton moved to approve the
minutes as corrected. Councilman Headrick seconded the motion, which carried unanimously.
IV. Late Items: None
V. Discussion Items:
A. Violet Creelman
Violet Creelman, citizen, distributed copies of utility bills from rentals in both Port Angeles and
Snohomish PUD and expressed a number of concerns. Ms. Creelman was concerned over the base
charges for utility customers that have a small amount of consumption each month, and the sewer
charges that are based on consumption during summer lawn watering months. She also voiced concern
that the octopus artwork downtown was an eyesore.
Staff addressed these items and the Committee assured Ms. Creelman that in the future when
1
UTILITY ADVISORY COMMITTEE
September 12, 2006
rates were being considered her concerns would be noted.
B. Biodiesel Presentation
Bill McKenzie, Equipment Fleet Manager, explained what biodiesel is, how it's used, the advantages
and disadvantages, and noted that a pilot study had been done inhouse which proved to be a success. A
discussion followed.
No action taken. Information only.
C. Changes To UA C Memher Composition
Dan McKeen, Fire Chief, pointed out that in September 2005 City Council created the Medic I Public
Utility and a position was created for a representative ofthe utility to serve on the Utility Advisory
Committee. An amended ordinance had been done and the position was being solicited. There was a
brief discussion.
No action taken. Information only.
D. Amendment To Power Sales Agreement Exhihit
Scott McLain, Deputy Director of Power Systems, advised that the power sales agreement with
Bonneville includes an exhibit that references an energy conservation program that is ending this
September. A revision is needed which replaces the name of the prior program with the successor
program and deletes a paragraph. There was a brief discussion.
Councilman Munro recommended City Council authorize the Deputy Director of Power Systems
to approve Revision No.1 to Exhibit B (and any subsequent revisions to Exhibit B) of the Power
Sales Agreement with the Bonneville Power Administration. Councilman Headrick seconded the
motion, which carried unanimously.
Staff was requested to return to the next UAC meeting with an explanation ofthe rate credit
program.
E. Agreed Order With The Department Of Ecology Addressing CSOs
Steve Sperr, Engineering Manager, confirmed that the City's updated General Sewer Plan had been
recently approved by the Department of Ecology, and includes a schedule of Combined Sewer Overflow
projects and completion dates. An Agreed Order is being negotiated that will allow the City to revise
those completion dates if grant and/or loan funding is not readily available for these projects. There was
2
UTILITY ADVISORY COMMITTEE
September 12,2006
a lengthy discussion.
Councilmember Wharton moved to recommend City Council authorize the City Manager to
negotiate minor modifications to the draft Agreed Order and sign the final Agreed Order on
behalf of the City Council. Orville Campbell seconded the motion, which carried unanimously.
F. Department OF Ecology Fiscal Year 2008 Funding Cycle Application
Steve Sperr, Engineering Manager, explained that the City had committed to completing a number of
Combined Sewer Overflow projects in the coming years and a schedule to complete all of these projects
had been negotiated with the Department of Ecology. An application for loan funding through the
Department of Ecology is due October 31, 2006 for the Fiscal Year 2008 Funding Cycle. A discussion
followed.
Orville Campbell moved to recommend City Council authorize the Mayor to sign two Fiscal Year
2008 Funding Cycle Application certifications, one in an amount not to exceed $2,200,000, and the
other in an amount not to exceed $4,050,000. These loans are for property purchase and design.
In addition, if a loan is approved for either project, authorize the Mayor to execute the agreement.
Councilman Headrick seconded the motion, which carried unanimously.
G. NPDES II Implementation Grant
Gary Kenworthy, City Engineer, emphasized that the City had been designated by the Department of
Ecology as a municipality to be regulated under the NPDES Phase II Sotrmwater Permit. To facilitate
implementation of the permit requirements the City has been selected to receive a $75,000 grant from
DOE. This grant will complete stormwater related GIS mapping, calculation of stormwater basin flows,
locate sewerlstormwater connections, review of City policies, development standards, and ordinances
related to stormwater, public education, and water quality monitoring. There was a brief discussion.
Councilman Munro moved to recommend to approve and accept the Phase II Municipal
Stormwater Ecology Grant No. G0600369 in the amount of $75,000. Councilman Headrick
seconded the motion, which carried unanimously.
H. Morse Creek Hydroelectric Project Update
Scott McLain, Deputy Director for Power Systems, reviewed the information in the packet noting that
dry weather in the past two summers had limited the production from the facility. There was a brief
discussion.
No action taken. Information only.
3
UTILITY ADVISORY COMMITTEE
September 12, 2006
VL Next Regular Meeting Date: October 10, 2006
VIL
Adjournment:
The meeting was adjourned at 4:55 p.m.
Chairman Reed
Cate Rinehart, Administrative Specialist II
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4
Utility Advisory Committee
Special Meeting
Public Works Conference Room
Port Angeles, W A 98362
September 27, 2006
4:00 P.M.
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AGENDA
I. Call To Order
Chairman Reed called the meeting to order at 4:05 p.m.
II. Roll Call
Members Present:
Chairman Reed, Richard Headrick, Larry Williams, Orville
Campbell
Members Absent:
Grant Munro, Betsy Wharton, Karen Rogers
Staff Present:
Bill Bloor, Glenn Cutler, Scott McLain, Cate Rinehart
Others Present:
Tom Noguchi - Bonneville Power Administration
Marcus H. Chong Tim - Bonneville Power Administration
II. Discussion Item:
Service Agreement For Network Integration Transmission Service With SPA
Scott McLain, Deputy Director for Power Systems introduced Tom Noguchi and Marcus
H. Chong Tim of the Bonneville Power Administration who would assist in answering
questions. Mr. McLain explained that the City's electrical transmission service
agreement with the Bonneville Power Administration was expiring on September 30,
2006 and that the new service agreement would utilize the City's reservation priority
rights under the current Open Access Transmission Tariff for a period of 30 years.
There was a brief discussion.
Councilman Headrick moved to recommend City Council authorize the Mayor to
sign the Service Agreement for Network Integration Transmission Service with
the Bonneville Power Administration. Councilman Williams seconded the
motion, which carried unanimously.
IV.
Next Meeting Date:
October 10, 2006
v.
Adjournment:
The meeting was adjorned at 4: 15 p.m.
Chairman Reed
Cate Rinehart,
Administrative
Specialist II
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~ORTANGELES
WAS H I N G TON, U. s. A.
Utility Advisory Committee Memo
Date:
October 10,2006
To:
Utility Advisory Committee
From:
Larry Dunbar, Power Resources Manager
Subject:
Conservation Program Information
Summary: The Bonneville Power Administration's new Conservation Rate Credit program
begins this month. Staff will present information about the new program at the Utility Advisory
Committee meeting.
Recommendation: Information only, no action requested.
Background/Analysis: On September 12,2006, City Council authorized the Public Works
and Utilities Director to implement a conservation program that qualifies for the Bonneville Power
Administration (BPA) Conservation Rate Credit (CRC) program. On September 19,2006, City
Council authorized a revision to an exhibit within the City's Power Sales Agreement with BP A
that replaced the name of the prior program with the successor program. To encourage
participation in the CRC program, BP A provides a monthly discount of $0.005/kWh for City
wholesale power purchases. The CRC will be about $350,000 per year. Participation in the CRC
program lowers the City's wholesale power expenses, provides rebates to customers to invest in
conservation improvements, and benefits the local economy.
The new program will continue to provide rebates to residential, small and large commercial, and
industrial customers to invest in conservation improvements. In addition, staff plans to coordinate
with the Olympic Community Action Program to pay for weatherization of qualified low-income
housing in the City of Port Angeles. Over the next three years staff plans to utilize $200,000 from
the City's conservation fund to provide weatherization assistance to customers that receive a utility
discount from the City (that don't qualify under the Olympic Community Action Program), City
facility conservation projects, and for the transition from the C&RD to the CRC program.
N \UAC\Final\CRC Program informatIOn doc
DATE:
To:
FROM:
SUBJECT:
~RTANGELES
WAS H I N G TON, U. S. A.
UTILITY ADVISORY COMMITTEE MEMO
October 10, 2006
UTILITY ADVISORY COMMITTEE
Tom McCabe, Solid Waste Superintendent
Residential Solid Waste Changes Update
Summary: The City implemented the new recycling/yard waste program and every-other week (EOW)
garbage collection on July 1st. Out ofa total of 6,600 solid waste customers, 2,949 (45%) selected BOW
garbage, 4,476 (68%) selected recycling, and 2,237 (34%) selected yard waste collection.
Recommendation: For Information Only
Background! Analysis:
Garba e/ Rec clin ard Waste Curbside Collection Summar Statistics
Service Com onent Number of Customers Percenta e Rate Stud * Forecast
Weekly Garbage 3,651 55% 70%
Service
Bvery- Other- Week
Garba e Service
Recycling 4,471
Yard Waste 2,237
* CIty staff completed a rate study in February 2006
2,949
45%
30%
68%
34%
80%
50%
Glass Collectton Containers at Swains, Albertson's, and Port Angeles Plaza collected 2.73 tons III July,
11.99 tons in August, and 9.26 tons in September.
Changes of Service In the first 3 months of the program, 69 customers selected every other week
garbage collection and then changed back to weekly; 24 recycling customers and 63 yard waste customers
started and then stopped service. Beginning Oct. l, garbage customers must pay $25 to change service.
There is no fee to SIgn up for recycling or yard waste for the first time, but if the customer signed up and
then cancelled, there is a $25 fee to start again.
Landfill Yard Waste The new rate for yard waste at the landfill went into effect July 1 st. The chart below
compares tons collected in 2005 and 2006.
Self-Haul LandfIll Yard Debris
Year July tons AU2ust tons September tons
2005 291.01 292.06 249.90
2006 111.21 90.35 99.95
*64% drop III the self-haul tonnage in first 3 months with the new landfill fee.
FORr,ANGELES
WAS H I N G TON, U. S. A.
Utility Advisory Committee Memo
Date:
October 10, 2006
To:
Utility Advisory Committee
From:
Tom McCabe, Solid Waste Superintendent
Subject:
Comprehensive Solid Waste Management Plan (CSWMP) Update
Summary: The CSWMP addresses solid waste management throughout Clallam County. Since
June 2005, the Solid Waste Advisory Committee (SW AC) has been developing an update to this
plan as part of a scheduled 5-year update required by RCW 70.95.110(2). The plan has been
updated and is currently under review by the Washington State Department of Ecology (DOE) and
the Washington State Utilities Transportation Commission (WUTC). It is also scheduled for a
Public Hearing October 23rd at 3:00 pm in the Commissioners' meeting room ofthe Clallam
County Courthouse.
Recommendation: This is an advisory memorandum to obtain UAC comments on the
CSWMP update in order to share them with SW AC and other agencies involved with the
review process.
Background/Analysis: The current Solid Waste Comprehensive Plan was adopted in 2000.
Washington State Department of Ecology requires the plan to be reviewed and updated every five
years per RCW 70.95.110(2). The Solid Waste Advisory Committee began work on the update in
June of2005.
The solid waste system in Clallam County is in the midst of several changes including closure of
the Port Angeles Landfill and subsequent transition form waste disposal in a local landfill to waste
export. The City of Port Angeles and Clallam County met with DOE and asked to delay the plan
update for a year due to the changes. The Department of Ecology extended the deadline for the
plan update to be finished by the end of 2006.
The CSWMP addresses solid waste management throughout the county. The SW AC membership
is comprised of the cities of Forks, Port Angeles, and Sequim, along with Clallam County, the
Makah Tribe, the Quileute Tribe, the Lower Elwha Klallam tribe, the Jamestown S 'Klallam Tribe,
a Citizen at Large, the Waste Haulers, and an IndustrialIBusinesses representative.
N \UAC\Fmal\cornpplanupdateUAC doc
CSWMP Update
October 10, 2006
Page 2
The Goals and Objectives ofthe CSWMP update are as follows:
. Review the recommendations of the previous plan.
· Describe the newly established solid waste system, including the transition from a landfill
to a transfer station and waste export.
· Review current solid waste regulations and policies giving particular attention to waste
stream reduction, recycling, and future disposal needs.
· Extend the planning period to 2025 and develop current waste generation data.
· Review existing facilities and solid waste handling practices, and identify additional needs.
· Assess alternatives and develop recommendations for future action, incorporating the
results of recent studies done for Clallam County, the City of Port Angeles, and others.
· Give particular consideration to alternatives that involve the expertise of private industry
wherever those capabilities are available.
· Develop capital cost estimates and implementation schedules for required improvements
with an emphasis on those improvements required within a 6-year period.
· Provide guidelines for an equitable balance between convenience, expense, environmental
quality, and public health and welfare.
. Incorporate flexibility to anticipate future needs.
· Encourage cooperative and coordinated efforts among government agencies, private
companies, and the public, to achieve management of solid waste.
· Provide a road map to guide the County through anticipated changes in solid waste disposal
caused by the future closure ofthe Port Angeles Landfill.
The plan has been updated and is currently under review by DOE and the Washington State
Utilities Transportation Commission. A copy of the Summary of Recommendations is attached.
The CSWMP is also scheduled for a Public Hearing October 23rd at 3 :00 pm in the
Commissioners' meeting room ofthe Clallam County Courthouse. Our goal with this
memorandum is to obtain UAC comments on the CSWMP update in order to share them with
SW AC and other agencies involved with the review process. If no substantial changes occur
during the public hearing and review process, our intention will be to take this to City Council for
their approval.
Remaining steps to formalize the CSWMP update are as follows:
· Consider incorporating public, WUTC and Ecology comments in creating a Final Draft of
the CSWMP.
· Technical review by DOE to ensure correct incorporation of comments and permission to
proceed with adoption.
· Adoption ofthe Final Draft by the Cities, Tribes, and Clallam County. (The Cities and
Clallam County will need to develop resolutions for adoption).
· Submittal ofthe Final CSWMP with resolutions of adoptions to DOE for final review.
. Final Approval by DOE.
Prelrmmary Draft - ComprehensIVe Solid Waste Management Plan Update 20061
Port Angeles
Table ES-1. Summary of Recommendations
Activity
In-County Transfer and Drop Box:
--------~---------~_.~_.~.._--_. -------
T1) The Clallam County SWAC, JSWAB, and other governmental
agencies should continue to work together to develop plans and
programs, while also continuing to explore viable alternatives, for
waste export and transfer and related options, such as extended
____~ours~~ope.!:.~~o~"~~_~ti.o_~~I_dmp boxes, and additional facilities.
T2) Study the possibility of placing additional containers at all
transfer and dmp box sites to collect source-separated yard wastes
____and to co!~~~~dition~! recx?~_~~~~e:r:~I~____
T3) Develop a plan for periodically monitOring munrcipal solid waste
received at transfer and drop box facilities, WIth an emphaSIS on
noting significant quantities of potentially-recyclable materials (yard
__ was~, scraj:l.met~ls, te~~~~~.?).____._.__.._
T4) Develop a consistent methodology for estimating annual per
capita disposal rate, which WIll be used in combination WIth other
data to assess the effectiveness of and needs for the solid waste
program.
T5) ConSider user fees at the transfer and drop box facIlities for
recyclable' materials if the average market price for recyclables
drops so low that collection of recyclables becomes a significant net
loss for the facilities.
Incineration:
~--------- ~-----~-_._--- .~----- .
11) Evaluate new proposed inCineration projects for select waste
streams and/or locations based on an objective review of the
potential impacts to human health and environmental quality, as
well as ~ .comp~r~~~~_t~ .<i.ltelTlativ~_dise.osal methods.
12) Consider energy recovery from landfill gas In the future if and
__ __~~!.l...~h~_~~~_~e:~_e_~~~_ITl:~~~ fe~~!ble.
June 2006 I 255-2191-014(01101)
Lead Agency
Clallam County, others
Clallam County, others ,
JSWAB &
West Waste
JSWAB
JSWAB &
West Waste
Clallam County,
and JSWAB
of Port
Schedule
Cost
Funding Source
Ongoing
Tipping fees
Ongoing
Tipping fees
Every 2 years
Tipping fees
By January
1 ,2008
Tipping fees
As needed
Tipping fees
As needed
Minimal
Tipping fees
Ongoing
Minimal
Grants/tipping fees
XVI1
I PrelImmary Draft - Comprehensive SolId Waste Management Plan Update 2006
Pon Angeles
Activity
Table ES-1. Summary of Recommendations (continued)
Lead Agency
Schedule
Funding Source
Cost
~-County_ La!:'dfi!!i.ng: ,
LF1) Encourage and support the closure of the Neah Bay Landfill. If
the Neah Bay Transfer StatIon does not proceed, consider directing
the waste generated on the Makah reservation to one of the other
__!wo tra~~!e!~~!i.?ns ~ Cla!I,~":l,_~o~nty.
LF2) Consider proposals and options to develop special-purpose
landfills, such as wood waste or construction and demolition waste
landfills, as they are proposed.
Waste Export/Import:
1- Makah-Tribe--'--
I
L____
I Clallam County
I Environmental Health
1 (CCEH) and JSWAB
OngoIng --T-U;;-known but
, significant
I
ongoing-----l-- Unknown
I
I
Permit fees
Tribal funds (and grants as
available)
--~---------~~--~-~ ._~ ~---~ - .~_.._- ----~-----,- .,--~, __~~~~ ____._...~__v_ __-,.....__u
WE1) As planned, export solid waste from the new Port Angeles JSWAB Upon landfill I Tipping fees
Landfill Transfer Station to the Waste Connections Finley Butte closure at the
Landfill in Boardman, Oregon following closure of the Port end of 2006
Landfill at the end of 2006 ~
~-~~- ~~--
WE2) Encourage West Waste to continue theIr waste export SWAC Ongoing Collection fees
activities and to possibly expand these activities as needed to serve
additional west end customers who are currently shiPPIng waste to
_ ____!h~~~i!~Ji!ele~~and~~______ _~v_~w__ ----- ~-----_. ---- _n,_ ___ --. ._~---~
WE3) Require any contracts with private businesses for waste SWAC, CCEH As needed Tipping and/or permit fees
export services to identify alternative disposal plans, including
alternative routes and modes of transportation, should natural
disaster or other conditions require re-routing.
(ADM2) ConSider proposals for alternative disposal methods, such
as blogas to energy, on a case by case basIs.
Waste Prevention:
n_ ------------------------- -r--- ----------------- ---,
WP1) ContInue public information and education with themes of City of Port Angeles and I
reducing the weight and volume of waste collected; increasing I CCEH
material and product life through repair and reuse; reducing or ! I
eliminating packagIng, and decreasing product consumption ~
---WP2)Establish ~ c~tlze;;- adv~-;;-~/actlon group to help with public ! -------sWAc---i
___.~.9~~~~~~_~ffort~________ 1____________ ....L
WP3) Use existing county and city websites to promote business r City of Port Angeles I
waste reduction. I
-----------~---------~~-----~-
Alternative Disposal Methods
ADM1) Pursue the development of a biomass-to-energy facility in
Clallam County.
XVIlI
Clallam County I As needed
Economic Development I
--~-s"W'%"--i-AS-n~
Minimal
Grants
Permit fees and private
funds
~_ _N___ ,---- -
ongoing $40,000- Tipping Fees a
$50,OOO/year
~----"-
July 2006 minimal TippIng fees for
---- - ~.~-~.
ongoing Tipping F
nd Grants
staff time
ees
June 20061 255-2191-014 (01/01)
Preltmmary Draft - Comprehensive Sobd Waste Management Plan Update 20061
Port Angeles
Table ES-1. Summary of Recommendations (continued)
Activity Lead Agency
Waste Prevention (co':'t!!'~~d):_ ~________ _.______.~_.__ ~______ ____
WP4) Conduct waste audits, targeting small to medium-sized I City of Port Angeles and
businesses first, on the assumption that the larger businesses have I Citizen Committee
the staff and other resources to best meet their needs. Consider .
the Idea of waste exchanges and similar activities directed i
specifically at businesses for future Implementation. I
__._______.. .. ____ _.._________.__._....____.__._______-L__._..._ _ .._
WP5) Depending on the results of business waste audits, consider 1 SWAC
developing a pilot program for reducing commercial food waste. i _..... _ ..__
------------.-.---....---.....----.------------- ----r - -
WP6) Provide an example for the above businesses by adopting I City of Port Angeles &
WasteWi$e or developing waste reduction programs within the i Clallam County
county and ItS municipalities I ._....__
WP7) Recognize bUSinesses that do a good job of implementing SWAC
waste reduction programs and practices. I
---.-.-.-----..-.. .....- --- -.----- ---- ..---------...-------------1.-----.--
___,!:!P81. ~l}l'e9__rt reuse even!~ _?rg~_n~z~~ ..~!l~.~~f:l~~.!!!~.':'.!e.d b~~:_+_._~ltt?L~()'!.~~~~!~~ __ .~_ ._~~~?~njL _...
WP9) Better publicize the availability of less-frequent collections in I West Waste I ongoing
the rural areas, and conSider a Similar approach throughout Clallam h I
_~~.!1!~: . _..____ ________________.__ ----.--- ----- 1-.----
WP10) Evaluate the waste prevention program based on whether or I City of Port Angeles I annually
not the activities recommended above have been conducted. Back '
up thiS performance-based evaluation by conducting surveys every I
-.-~;J~)aiu;p:::ec~~~e.:ei~!:l~~~:~::};E:I~~::~c:~ a~ .---~-~------- JSWAS------.t January 1, 2008
assessment of trends in per capital disposal rates. I
_~ecY~~r1!!:.________ ._____________________________
R1 30% near-t~rm and 40% 19n9-~_~.wast~_d~ver~lon g.9~1.
R2) Continue to recycle the same designated recyclables.
Clallam _~?.I}_~tL
Clallam County
R3) Concentrate additional and expanded recycling efforts on three
areas amounts and grades of currently-recycled matenals,
matenals from the commerclalllndustnal waste stream, and
construction and demolition matenals.
---,~----~--~------~~~-
R4) Continue public education, and promoting new programs
__._ ~.~~)~~~~~_o~~I~~a!l_~r ex~~!'.'1.!;l._e.!!~~:.._____.._________
R5) Consider additional curbside collections In the rural areas, and
opportunities to establish drop-Off or curbside collections in Tnbal
Reservations should be
City of Port Angeles
of Port Angeles
City of Port Angeles
June 20061 255-2191-014 (01/01)
Schedule
Cost
Funding Source
2007
$2,000
Grants
--
As needed
Grants
2008
Grants
2007
Grants
--
__~.~~~~~~Epi~-!!-fees
Tipping fees
Grants
Tipping fees
Ann'::l~~
Annually
rates a~~_!II'E!n_~. fees
rates and tipping fees
revenue
rates and tipping fees
revenue
Ongoing
fees and grants
Ongoing
Collection rates
XIX
I Prellmmary Draft - ComprehensIVe Solid Waste Management Plan Update 2006
Port Angeles
Activity
Lead Agency
Table ES-1. Summary of Recommendations (continued)
Schedule
Cost
Funding Source
Recycling (continued):
_~~____ __~_,__ _~~~~_~ M,"~_~~_"____~~__'__
R6) Maintain existing drop-off sites and consider additional sites In
the county. Also consider additional sites for temporary operation
during the tourist season, if these can be operated cost-effectively
by private recycling firms i
__". __.. ~_ ____~_______M______ ~_ ____~_"____~_______~_.~__ ___ _.~--f--~
R7) Recycling programs in schools should be maintained and i Public and Pnvate ,
expanded. I Schools and City of Port !
: Angeles, Waste I
1 Reduction Committee !
_",~._____~,_,_ _,. '''.'''''''-----...._.--,1
R8) Promote recycling at special events such as sport activities and I Clallam County, Cities
public festivals. Cooperate with private haulers, festival organizers,
and volunteers to prOVide recycling bins and collection.
N"__~__ ---~--"- 1~--~---~--~-"--
R9) MOnitor and conSider any proposals for the processing of I SWAC and Waste
recyclables Within the county that may reduce the cost of exporting , Reduction Committee
matenals while creating jobs Within the county. I
--". -- -~--,_._". """".-,,,.-----,------ --------J---.-
R10) Lead by example. ConSider implementing expanded recycling i Clallam County, Cities
programs, purchase of recycled materials, and adoption of policies I
that require this for all of departments in and vendors for the county I
and its m~~~ip~I~~e,~:,_ " ""___,,. _ _ . i
R11) Together With private collectors, closely examine the potential I SWAC and Waste
for local markets for glass and other matenals I Reduction Committee
__ __~________~ {___~___ ". ~N'__'__
R12) ReqUire all companies and agencies collecting recyclables in i Clallam County, Cities
Clallam County to report their data to Ecology. and collectors.
Composting:
C1) In Port Angeles, continue curbside collection, processing, and
co-compostmg yard waste at the Port Angeles Co-composting
Facility. Increase the amount of matenals processed to the extent of
the facility's capacity. Investigate methods for increaSing capacity
through accelerated compostlng techniques.
- ~~-----------~-----~- ---~ - --,-_.----
C2) Closely mOnitor the amount of yard debriS coming In to the co-
compostlng faCility to determine If new fees are affecting diverSion
If yard debns is being diverted through other (I e., private)
operations, consider accepting additional waste streams (e.g., ash,
wood) as a co-compost feedstock or yard debns from other areas of
the county. If yard debns is being disposed of unlawfully, revisit rate
structure.
SWAC and OlympiC
National Park
City of Port Angeles
City of Port Angeles
__" "L
xx
-E~~~ -sp~i~g'''l-' -, -'I~' -Tippi~g f~;~' ~~d revenues
I from commodities
I
'"'' --t,---~--- ----.-
I School funds and aVOided
I disposal costs, grants
i I
O"9.."g-1=~~1_~:~:9_' ffive"e
Ongoing ! I Tipping fees and grants
I I
2007t---'--ti-;;;"9 ;~; "d 9"'"~
2007 I I TopP"9 fee, "d 9"'"~
,-~----,-,-_. j"-- "-,, . . - -"
Annually I MInimal I Public and pnvate funds for
I I staff
Ongomg
Tipping fees
OngOing
Tipping fees
June 20061 255-2191-014 (01/01)
Preltmmary Draft - ComprehensIve Soltd Waste Management Plan Update 20061
Port Angeles
Table ES-1. Summary of Recommendations (continued)
Activity
Lead Agency
Schedule
Cost
Funding Source
Composting (continued):
_~____ ____~_~_____~_~. ,~~___.....~____________ -'--W~.l-~ _. - ~ ~- ~ -.
C3) Continue collecting and chipping brush collected at the Sequim CIty of Sequim Ongoing ',City fees
drop box. Increase the amount of brush and woody materials
processed to the extent the end-uses for chips can accommodate. If
capacity becomes an issue for this operation, consider expanding I
the operation at Its current site or a new site or replacing with a !
composting operation that can also handle other waste streams !
C4)-'Contlnue to devel~p'~nd uses -;~~has m~l~h,-h-;;-gf~;~ ~~d'--" Clallam County, cities Ongoing l
compost, and other uses that may also be Identified. Lead by I i
example. The county (and its municipalities) should maximize use I I
of these products In Its own prOJects. L. - I
C5) Consider separate collection of yard debns by Olympic i Clallam County and Ongoing Collection fees (significant
I
Disposal and West Waste in their respective solid waste collection I haulers Increase)
service areas If quantities set out for collection Increase i i I
si~n~fi~~tIL_._.______.__._____. __._____+.. ._d.________...~ ----.---11..- ....-_.. . .... ...--...
C_6t~~~.ll!".ag:_nei~lhbo~~.~~~c.tlippin~.~ervice~____~__ _...__ .1-- . City of.~.~ ~n~.:'=,._ _L_. _ ong~~____+________.__.. Grants and tlPJ~n~ fees
C7) Continue public education to encourage residents to handle I Clallam County, cities I Ongoing I II Grants
their yard debris separately through backyard compostlng and use I I i
of mulching mowers. Work WIth Washington State University I' I I
Extension to establish a Master Composter Program In Clallam I I I
County to present educational programs. Expand educational I : I
efforts beyond the City of Port Angeles to other areas of the county 1 I I
Special Wastes:
~ - --~---_.~~---
AG1) Continue to work WIth producers around the County to
Implement BMPs to minimize the potential contamination of surface
waters With agricultural waste.
Tipping fees
Clallam Conservation
Dlstnct and National
Resource Conservation
Service
Ongoing
Conservation CommiSSion
AN 1) Dunng the next planning penod, identify Ideas and
alternatives for disposing of animal carcasses.
CCEH and SWAC
Ongoing
Grants
and pnvate funding
ASH1) Encourage the ash-producing companies to explore recycling
or other disposal alternatives first. For example, encourage them to
Investigate land application and industrial applications such as
cement.
SWAC, ash producers,
and regulatory agencies
Ongoing
June 2006 I 255-2191-014 (01101)
XXI
I Prellmmary Draft - ComprehensIve Solid Waste Management Plan Update 2006
Port Angeles
Activity
Table ES-1. Summary of Recommendations (continued)
Schedule
Lead Agency
Cost
Funding Source
Special Wastes (continued):
---~---- ..-.---
ASH2) The first priority for the Port Angeles Co-Composting Facility
is the diversion of yard debris. However, if additional, private-sector
alternatives develop to compete With the City's operation, consider
accepting additional materials such as clean ash at the facility.
-_._--~~~
AUT01) DUring the next planning period, identify ideas and
alternatives for managing the dIsposal or accumulation of auto
hulks.
CDl1) Promote eXisting opportunities for recycling of CDl wastes
as part of the public education efforts conducted for waste reduction
and recycling. In particular, the County and ItS mUnicipalities should
help promote the BUIlt Green concept.
_.n_~___ .~_~___~.~__ . _
CDl2) Enhance the recycling of CDl wastes by establishing
expanded markets for the materials. These markets include using
processed concrete and asphalt concrete for county and mUnicipal
public works proJects, especially roads and utilities, and processing
clean wood material as hog fuel for area hog-fuel bOilers.
---- ------------------
CDl3) Consider the development of a limited purpose disposal site
for non-recyclable CDl wastes If eXisting methods for disposing or
diverting the waste are inadequate, especially for big projects such
as the Elwha Dam demolition. If a separate site IS developed and if
suffiCient quantities of recoverable materials are observed being
disposed at this site, additional recycling operations should be
considered for those materials.
CS1) Explore new technologies for managing contaminated SOIl.
._._~~-~-~------_.- ---- - -~- -- ---.----------------
EW1) Continue to work WIth and educate the public on how to
handle electronic waste and hold periodiC collection events.
_..-..._-~-~~ _..~.~~-----~ - --
MRW1) Resume countywide educational efforts for proper disposal
or reuse of moderate risk waste (MRW). Provide information on the
new MRW FaCility at the Port Transfer Station.
-- -------~-~- ~---~^-
MRW2) Consider continuing MRW collection events In the outlYing
portIons of the county because Port Angeles may not be convenient
for all county reSidents.
XXll
City of Port Angeles
SWAC, County, and
cIties
County and cities Waste
Reduction Committee
SWAC and JSWAB
SWAC and JSWAB
Clallam County
CCEH, City of Port
Angeles
-~------- - ----- ~.-
CCEH, City of Port
Angeles
CCEH, City of Port
Angeles
OngOing
Ongoing
Ongoing
Ongoing
As needed
Ongomg
OngOing
Ongomg
OngOing
Tipping fees
Grants and private sources
Grants
Private sources
Permitting fees and private
fundmg
Private sources
Grants and tipping fees
Grants and tipping fees
Grants and user fees
June 20061 255-2191-014 (01101)
Prellmmary Draft. Comprehensive Solzd Waste Management Plan Update 20061
Port Angeles
Table ES-1. Summary of Recommendations (continued)
Activity
Lead Agency
Schedule
Cost
Funding Source
Special Wastes (continued):
PW1) Work with the two hospital districts, retail suppliers, and other II ------ -CCEH---l------- Ongoing
healthcare providers to develop a public education program on how
to properly dispose of pharmaceutical waste. I
----- ---- ---- ------ ------------------------------r------------- ------
WD1) Explore the possibility of recovenng additional amounts of SWAC I Ongoing
wood waste through compostlng, hog fuel, and blomass-to-energy. I 1
-- ------------------ ---------+------ - ------------ ---------
WD2) If necessary, Increase the market for landscaping mulch I SWAC I Ongoing
produced from log yard waste through public procurement I !
programs. As appropnate, encourage pnvate sector companies to I I
follow the public sector's lead in procurement of landscaping mulch :
produced from log yard waste. ! I 1
--WD3)-C~nsider prop~~~I;-for alternatlv~ methods for ~~n~glng----T SWAC-~nd-JSWAB--- -r 2007 - i COMBINE 1 AND 2
wood waste, such as blogas to energy, on a case by case basIs. I I II
__________ ______ ____ ______ __ _ _ ________________________.--L_____ _ _____________ ------------- -- -- -------.-. ------ -- ----- ------ - -----------------
WD4) Should the amount of wood waste managed In the solid I SWAC, private TBD I Tipping fees and grants
waste stream increase substantially due to markets, regulations, or I companies I
other outSIde Influences, collaborate With pnvate companies to Ii
develop new ideas for managing thiS waste stream.
---r- -Tipping fees and grants
I
r-----Pnvate sources
I
I
,----
j
I
l
I
Grants
June 2006 I 255-2191-014 (01/01)
XXlll
FORTANGELES
WAS H I N G TON, U. S. A.
Utility Advisory Committee Memo
Date:
October 10, 2006
To:
Utility Advisory Committee
From:
Glenn A. Cutler, Director of Public Works and Utilities
Subject:
City/County Interlocal Cooperation Agreement for EUGA Sewer Line
Summary: The City and Clallam County staffs have negotiated an agreement for coordinating
the construction, administration and operation of the sewer system for the Port Angeles Eastern
Urban Growth Area. It is planned that the City will construct, own and operate the system and the
County will pay for the project.
Recommendation: Forward a favorable recommendation to City Council to authorize 1)
the Mayor to sign an interlocal cooperation agreement, and 2) the City Manager to negotiate
minor modifications, if necessary.
Background/Analysis: The City and Clallam County staffs have negotiated an agreement for
coordinating the construction, administration and operation of the sewer system for the Port
Angeles Eastern Urban Growth Area. It is planned that the City will own and operate the system
and the County will pay for the system.
The consulting firm of Brown & Caldwell, in collaboration with City and County staff, are
designing the sewer line proj ect under a previous interlocal agreement. The new agreement is
being presented today for discussion and consideration of endorsing a favorable recommendation
to the City Council. The agreement will take effect after the City and County sign the agreement.
Significant provisions of the agreement are summarized below:
1- The City shall be the lead agency for design, advertising, awarding and performing the
construction management.
2- The City shall administer developer reimbursement agreements.
3- The City will collect all sewer system fees (system development and connection) for both
City and County. Clarification on collection of County fees after annexation is still being
negotiated.
4- The system will be administered per the provisions of the Port Angeles Municipal Code
and will be supplemented by the provisions of the interlocal agreement.
5- The County shall fund the project. It is currently funded in an amount not to exceed
$5,000,000. This includes design fees, stafftime and construction costs.
N"\UAC\Fmal\EUGA Interlocal CooperatIon Agreement.doc
CIty/COunty Interlocal Cooperation Agreement for EUGA Sewer Lme
October 10, 2007
Page 2
6- Sufficient funds shall be advanced to the City to ensure adequate funding is available to
make progress payments.
7- The City and County staff will collaborate on change orders and claims, ifthey should
anse.
8- Individuals that are beyond 200 feet or the cost to connect to the sewer exceed 125% of an
approved septic or other private wastewater disposal system shall not be required to hook
up to the system.
9- The County will ensure that building permits, land divisions, and septic system permit
applications are issued consistent with the agreement.
10- A Sewer Expansion Coordinating Committee will be formed with representatives from the
County and City. Powers and duties include but not limited to: a) make recommendations
to City Council and County Board of Commissioners, b) make administrative
recommendations regarding the coordination of permitting necessary for connections and
expansion of the system, c) review and make recommendations concerning the City's
sewer plan as it pertains to the EUGA, d) review the operation and management ofthe
EUGA sewer system and make recommendations, e) make recommendations to the City
Council and Board of Commissions concerning the interlocal agreement, and f) discuss,
resolve and implement any issues necessary to accomplish the tasks listed in the interlocal
agreement.
11- The agreement may be modified by bilateral action of the City Council and County Board
of Commissioners.
12- Either party may withdraw unilaterally without cause after five years. Mutual agreement is
required to dissolve the agreement during the first five years.
13- Disputes not settled directly by the parties shall be resolved by mediation.
This interlocal agreement was developed as part of the continuing cooperative effort envisioned by
the previously executed agreement between the City and County concerning the orderly land use
plan for the Port Angeles Eastern Urban Growth Area.
The County is funding the construction ofthe sewer system. It is utilizing funds from the
Opportunity Fund, anticipated funding from a local business and other funds. The project will help
protect the environment as well as enable economic development.
It is recommended that the UAC forward a favorable recommendation to City Council to authorize
1) the Mayor to sign an interlocal cooperation agreement, and 2) the City Manager to negotiate
minor modifications, if necessary.
Attachment: Draft Interlocal Cooperation Agreement
DRAFT
INTERLOCAL COOPERATION AGREEMENT
For Coordinating the Construction, Administration and Operation of
the Sewer System for the Port Angeles Eastern Urban Growth Area
THIS AGREEMENT is executed by and between C1allam County ("the County'')
and the City of Port Angeles ("the City") who are collectively referred to herein as
"the Parties" for the purpose of providing for cooperative administration and
operation of the extension of City wastewater collection and treatment services
to the City's Eastern Urban Growth Area (EUGA).
WHEREAS, the City and County have entered into an interlocal cooperation
agreement dated December 20, 2005 establishing a method for extension of
wastewater collection and treatment services to the Port Angeles Eastern Urban
Growth Area; and
WHEREAS, the system is currently being designed, and is scheduled for
construction in 2007; and
WHEREAS, the County has assumed the responsibility for funding the design and
construction of the sewer system extension up to a maximum estimated total
project cost of $5,000,000 as itemized in Exhibit A; and
WHEREAS, the sewer expansion will serve County residents residing in the EUGA
outside the City limits; and
WHEREAS, the City will own and operate the EUGA Sewer System as an
extension of the existing Port Angeles Sewer System; and
WHEREAS, potential users of the EUGA Sewer System need information
regarding timing of the project, cost of connection, process for connection, and
technical requirements for side sewers, lateral sewers, and collection lines; and
EUGA lnterlocal Agreement
Page 2 of 8
WHEREAS, the parties wish to coordinate the administration and operation of the
EUGA Sewer System; 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
A. "Agreement" means this interlocal agreement.
B. "City" means the City of Port Angeles, Washington.
C. "Contractor" means the construction company awarded a contract by the
City to construct the EUGA Sewer System.
D. "County" means C1allam County, Washington.
E. "County Roads" means those roads within Clallam County that are owned
by the county and maintained by the County Road Department.
F. "EUGA" or "Eastern Urban Growth Area" means that portion of the Port
Angeles urban growth area lying east of the eastern city limits.
G. "EUGA Sewer System" means that portion of the City of Port Angeles
sanitary sewer, including all present and future public interceptors, pump
stations, trunk lines, collector sewers, appurtenances, easements and
rights of way, located in the Eastern Urban Growth Area.
H. "PAMC" means Port Angeles Municipal Code.
I. "Project Engineer" means the engineer selected by the City to manage the
EUGA Sewer project.
Section 2. Construction of EUGA Sewer System
A. Final design plans and bid documents prepared by Brown and Caldwell,
Inc shall be reviewed and approved by the County prior to advertising for
bids.
B. The City shall advertise for bids for the construction of the EUGA Sewer
System, using the design plans and bid documents prepared by Brown and
Caldwell, Inc.
EUGA Interlocal Agreement
Page 3 of 8
C. Following bid opening, the City shall submit to the County a complete copy
of all bids submitted for the project. The City agrees to make no bid
award that is not approved by the County Director of Public Works.
County approval (or non-approval) shall be made in a timely manner.
D. The County hereby agrees to fund the anticipated project costs of the
EUGA Sewer System, with any approved alternatives, up to a target cost
(as itemized in Exhibit A) of $4,795,636. The County will also set aside an
additional $204,364 reserve for unanticipated project costs, for a total
estimated project cost of $5,000,000. If the successful bid will result in a
total project cost that exceeds $5,000,000, the Clallam County Board of
Commissioners and the City of Port Angeles must reach agreement on a
revised financial plan before any bid can be awarded.
E. The County shall pay up to fifteen percent (15%) of the total bid price of
the successful bidder to the City upon award to cover construction
mobilization costs. Progress payments thereafter shall be made to the City
based upon approved contractor billings, up to a maximum total project
cost of $5,000,000.
F. Periodic progress reviews shall be held during construction and shall
involve the County, the City, the project engineer, and the contractor.
G. Change orders or claims that increase project cost by $15,000 or more
during construction must be reviewed and approved by the County Public
Works Department before they are approved. County approval of such
change orders shall be timely, and not unreasonably withheld. County
approval of any change orders or claims that result in a total project cost
in excess of $5,000,000 shall be considered approval for the increased
total project cost.
H. All construction documents, pay requests or other records pertaining to
this project shall be available for County review and inspection during and
after construction. Once construction is completed, the City shall supply
the County with a set of "as built" plans that accurately reflect the
construction details of the EUGA Sewer system.
I. The County herby grants to the City a Franchise to construct, operate,
maintain, repair, and rebuild the EUGA Sewer system within the County's
rights-of-way in the EUGA; provided that no work shall be done in t he
right-of-way until an application for work within the County right-of-way
being submitted to the County and approved by the County.
EUGA Interlocal Agreement
Page 4 of 8
Section 3. Coordination of New Connections
A. The parties agree that the standards for side sewers, sewer mains, sewer
extensions and all Sewer System appurtenances shall be those set forth in
PAMC and the City of Port Angeles Urban Services Standard and
Guidelines.
B. The parties agree that permits for connection to the EUGA Sewer system
shall be administered by the City of Port Angeles, pursuant to Sections
13.61.100 through 13.61.160 of the City of Port Angeles Municipal Code.
The County shall receive copies of all such permit applications and copies
of all decisions on such applications. The City will not issue any permit for
connection that involves work in the right of way or roadway of a County
road, without an application for work within the County right of way
(ROW) being submitted to the County and approved by the County.
C. For the EUGA Sewer System, exemptions from the requirement in PAMC
13.61.070 and 13.61.090 will be issued by the County following the
process outlined in County Ordinance, . The City will be
given a copy of all such exemptions.
D. For new development or any expansion of use requiring a building permit,
the County will issue an exemption only if all the following requirements
are met:
1) The lot is further than 200 feet from the EUGA Sewer System or a
lateral thereof, or the cost of extending the EUGA Sewer System would
be an economic hardship on the owner or owners in that the estimated
cost of a sewer extension would be over 125% of the cost of an
approved septic or other private wastewater disposal system;
2) The owner or owners have signed a non-protest agreement for an LID
to extend the EUGA Sewer System to the area; and,
3) The exemption will not be effective until a written permit for the
septic or other private wastewater disposal system is obtained from
the C1allam County Health Officer.
E. Copies of all applications for sewer system extensions submitted to the
City pursuant to PAMC 13.62.180 will be provided to the County Public
Works Director or designee for review. Extensions will not be approved
until any work in the right of way or roadway of a County road is
approved by the County.
F. Requests for utility local improvement districts may be initiated through
either the County or the City.
EUGA Interlocal Agreement
Page 5 of 8
G. Developer reimbursement agreements will be administered by the City
pursuant to PAMC 13.68. Copies of all applications for such agreements
shall be provided to the County.
H. C1allam County will ensure that all building permits, land divisions, and
septic system permit applications in the EUGA are issued consistent with
the requirements for connection to the EUGA Sewer System.
Section 4. Coordination with County Road Department on future
Sewer line locations
A. Whenever the City learns of any proposed EUGA Sewer System work,
(including side sewers, trunk lines, or extensions) within the right of way
or roadway of a County road, the information will be transmitted or
developer referred to the County Road Engineer so that the appropriate
permitting can take place.
B. The City will not issue any permit for connection or expansion of the EUGA
Sewer System, in the County, and on or along a County Road or ROW,
unless the County Road Engineer has approved all proposed work in the
County right of way or roadway.
C. The City will work together with the County to plan sewer line extensions
and connections in such a way that the impacts to the driving surfaces of
County roads is minimized.
Section 5. City Collection of County System Development Charae
This section is under development and will be available at the UAC meeting.
Section 6, Enforcement Responsibilities
A. The County and City are each responsible for the enforcement of
ordinances they have adopted pertaining to the EUGA Sewer System. To
the extent necessary and practicable, such enforcement actions will be
coordinated.
B. The parties will not knowingly take any action, issue any permits, or allow
any work on the EUGA Sewer System that would result in a violation of
applicable ordinances of either party.
Section 7, Sewer Expansion Coordinating Committee
EUGA Interlocal Agreement
Page 6 of 8
A. Sewer Expansion Coordinating Committee: A Sewer Expansion
Coordinating Committee (SECC) shall be established. This committee shall
be composed of staff from the Parties to this agreement, and will act as
an advisory committee to the City Council and Board of County
Commissioners on all matters concerning the operation, maintenance,
expansion, financing, service fees, and construction of the EUGA Sewer
System, and the implementation of this agreement.
B. Membership: The SECC shall consist of the following members: (1)
C1allam County Director of Public Works, (2) Director of Public Works and
Utilities for the City of Port Angeles, (3) City Engineer or designee for the
City of Port Angeles, (4) Utilities Manager or designee from Clallam
County, (5) City of Port Angeles Director of Community and Economic
Development or designee, (6) Clallam County Community Development
Director or designee, and (7) Clallam County Environmental Health
Director or designee. The Committee may draw upon other staff
members from the agencies as necessary to assist in carrying out its
duties.
C. Officers and Procedures: The SECC chair shall rotate between the public
works directors of the City and the County on an annual basis. The
County Public Works Director shall be chair until January 2008.
Recommendations of the Committee to the City Councilor the County
Board of Commissioners shall be presented as determined by the
Committee, but the Committee shall make no recommendations that are
not agreed to by both the City and County Public Works Directors.
Nothing herein shall infringe upon the authority of the City or County
officials that constitute the Committee from executing their respective
responsi bi I ities.
D. Meetings: The SECC shall meet quarterly. The Committee shall be
responsible for selecting a time and place for its meetings.
E. Powers and Duties: The SECC shall have the following powers and duties:
1) Make recommendations to the City Council and County Board of
Commissioners regarding the administration, financing, service fees,
and expansion of the EUGA Sewer System.
2) Make administrative recommendations regarding the coordination of
permitting necessary for connections to or expansion of the EUGA
Sewer System.
3) Review and make recommendations regarding the City's Sewer
General Plan as it pertains to the EUGA.
EUGA I nterloca I Agreement
Page 7 of 8
4) Review the operation and management of the EUGA Sewer System
and make recommendations for resolving any problems that are
identified.
5) Make recommendations to the City Council and Board of
Commissioners regarding any amendments to this interlocal
agreement.
6) Make recommendations to the City Council and Board of
Commissioners regarding implementation and resolution any issues
necessary to accomplish sections 1 through 5 of this agreement.
Section 8. Miscellaneous Provisions
A. Effective Date: This agreement shall take effect upon signing by both
parties, however the requirements for connection or exemptions for
connection to the EUGA sewer system shall not be effective until July 1,
2007.
B. Amendment: This agreement may only be amended by action of both the
Port Angeles City Council and the Clallam County Board of Commissioners.
C. Withdrawal: For the first five years of this agreement, withdrawal shall
occur only with the agreement of both parties as evidenced by a
resolution adopted by both the Port Angeles City Council and the board of
C1allam County Commissioners. After five years from the effective date of
this agreement, either party may withdraw from this agreement by
adoption of a withdrawal resolution. Such withdrawal shall become
effective no sooner than 90 days after the adoption of a withdrawal
resolution.
D. Non-Waiver: No waiver by either 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 a different provision of this agreement.
E. Risk Allocation - Liability: The City of Port Angeles shall assume the risk
for all activities and liabilities arising from the ownership and operation of
the EUGA Sewerage System.
F. Disputes. Disputes arising from this agreement shall be resolved by
mediation, if not settled directly by the parties. If the Parties are unable
to resolve a dispute by mediation within thirty (30) business days, either
Party may proceed with any remedy available to it at law or in equity.
G. Remedies. Except as otherwise provided for herein, no remedy conferred
by any of the specific provisions of the Agreement is intended to be
EUGA Interlocal Agreement
Page 8 of 8
exclusive of any other remedy, and each and every remedy shall be
cumulative and shall be in addition to every other remedy given
hereunder, now or hereafter existing at law or in equity or by statute or
otherwise.
H. Force Majeure. Neither party shall be deemed to be in violation of this
Agreement if such party is prevented from performing any of its
obligations hereunder for any reason beyond its control, including without
limitation, acts of God or of any public enemy, elements, flood, strikes, or
an injunction or other judicial decision.
Signature Page to be developed to conform to City and County requirements.