HomeMy WebLinkAboutOrdinance 2023-13, Compost Procurement OrdinanceCity of East Wenatchee Ordinance 2023-13 Page 1 of 5
City of East Wenatchee, Washington
Ordinance No. 2023-13
An Ordinance of the City of East Wenatchee establishing compost procurement requirements, containing a severability clause, and establishing an effective date.
Una Ordenanza de la Ciudad de East Wenatchee que establece los requisitos de adquisición de compost, contiene una cláusula de divisibilidad y establece una fecha de entrada en vigor.
1. Alternate format.
1.1. Para leer este documento en un formato alternativo (español, Braille, leer en voz alta, etc.), comuníquese con la administradora municipal al alternateformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at 711 (TTY).
2. Recitals.
2.1. The City of East Wenatchee (“City”) is a non-charter code city, duly incorporated and operating under the laws of the State of Washington.
2.2. In March 2022, ESSHB 1799 was passed by the Washington state legislature passed and signed by the Governor. The new statute states:
The legislature finds that landfills are a significant source of emissions of methane, a potent greenhouse gas. Among other economic and environmental benefits, the diversion of organic materials to productive uses will reduce methane emissions. In order to reduce methane emissions associated with organic materials, the legislature finds that it will be beneficial to improve a variety of aspects of how organic materials and organic material wastes are reduced, managed, incentivized, and regulated under state law. Therefore, it is the intent of the legislature to support the diversion of organic materials from landfills through a variety of interventions to support productive uses of organic material wastes, including: Encouraging cities and counties to procure more of the compost and finished products created from their organic material wastes in order to support the economic viability of processes to tum organic materials into finished products
City of East Wenatchee Ordinance 2023-13 Page 2 of 5
and increasing the likelihood that composting and other responsible organic material management options are economically viable; and 2.3. Section 701 of ESSHB 1799, now codified at RCW 43.l 9A.150, requires cities such as the City of East Wenatchee to "adopt a compost procurement ordinance to implement RCW 43.19A.120." 2.4. RCW 43.l 9A.120 states that "When planning government funded projects or soliciting and reviewing bids for such projects, all state agencies and local governments shall consider whether compost products can be utilized in the project."
3. Authority. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the good government of the City.
4. Purpose. The purpose of this ordinance is to conform to state law regarding compost procurement. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS:
5. Findings of Fact. The City Council adopts as its findings of fact the recitals set forth above and furthermore adopts the following:
Requirements When planning government-funded projects or soliciting and reviewing bids for such projects, the City shall consider whether compost products can be utilized in the project. If compost products can be utilized in the project, the City shall use compost products to the extent required by law, including, without limitation, RCW 43.l9A.120(2). Planning To the extent required by RCW 43.19A.150(3), the City shall plan for the use of compost in the following categories: (a) Landscaping projects; (b) Construction and postconstruction soil amendments; (c) Applications to prevent erosion, filter storm water runoff, promote vegetation growth, or improve the stability and longevity of roadways; and (d) Low-impact development and green infrastructure to filter pollutants or keep water on-site, or both.
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This plan will be reassessed each December 31st of even-numbered years beginning in 2024 and thereafter as part of the reporting obligations in Section IV. Development To the extent required by RCW 43.19A.150(4), the City will develop strategies to inform residents about the value of compost and how the City uses compost in its operations. Reporting To the extent required by RCW 43.l9A.150(5), by December 31, 2024, and each December 31st of even-numbered years thereafter, the City shall prepare a report for the Department of Ecology covering the previous year's compost procurement activities, including the following information: (a) Total tons of organic material diverted each year; (b) The volume and cost of compost purchased each year; and (c) The source(s) of the compost purchased. Local Priority To the extent required by RCW 43.19A.l50(6), the City shall give priority to purchasing compost products from companies that produce compost products locally, are certified by a nationally recognized organization, and produce compost products that are derived from municipal solid waste compost programs and meet quality standards comparable to standards adopted by the Department of Transportation or adopted by rule by the Department of Ecology. Preferential Purchase In accordance with RCW 39.30.040(1), the City may allow for the preferential purchase of compost to meet the requirements of RCW 43.l9A.120. 6. Corrections. The City Clerk and the codifiers of this Ordinance are authorized to make necessary corrections to this Ordinance, including, but not limited to, the correction of scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers, and any internal references.
7. Repeal. The City Council repeals those provisions of any ordinance that are in conflict with the language of this Ordinance.
8. Severability. If a court of competent jurisdiction declares any provision in this Ordinance to be contrary to law, such declaration shall not affect the validity of the other provisions of this Ordinance.