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A. This Chapter establishes a system of solid waste handling for all unincorporated areas of the County in accordance with RCW 36.58.040 and the Comprehensive Solid Waste Management Plan. In accordance with that Plan, the system includes the reduction, processing, recycling, and disposal of solid waste as well as solid waste handling facilities and the designation of facilities as disposal sites. The system may include the handling of some or all of the solid waste originating in cities or outside the County. The system shall not include the disposal of hazardous waste.

B. The system includes, but is not limited to, the following solid waste facilities, strategies, and programs:

1. Waste reduction, including education, legislative changes, rate policies aimed at reducing the solid waste stream, on-site yard waste composting, and other elements consistent with the Comprehensive Solid Waste Management Plan.

2. Recycling, including education, curbside collection, yard waste composting, drop-off and buy-back facilities, processing systems, market development, and other elements consistent with the Comprehensive Solid Waste Management Plan.

3. Solid waste collection, including municipal collection, municipally-regulated private collection, and WUTC-regulated private collection, as applicable.

4. Solid waste processing technologies including, where appropriate, waste-to-energy and composting facilities located in the County.

5. Transfer and long haul, including intra-County transfer and, when other disposal options are limited or unavailable, out-of-County long haul and disposal.

6. Landfilling and volume reduction.

7. Enforcement and Administration by the County to manage the system in a cost-effective and environmentally sound manner.

8. Special waste stream management, including special facilities or other methods of handling the following special wastes:

a. sludge

b. septic tank pumpings

c. demolition wastes

d. wood wastes

e. industrial wastes

f. waste tires

g. litter

h. infectious wastes

i. dredge spoils

j. ash

k. gypsum

l. appliances

m. waste oil

n. auto batteries

o. dry cell household batteries

p. plastics

q. plastics

r. textiles

s. refuse derived fuel

9. Other facilities, strategies, and programs consistent with this Chapter and the Comprehensive Solid Waste Management Plan.

C. Each element of the system shall be implemented in accordance with the Comprehensive Solid Waste Management Plan, ordinances and resolutions enacted by the Council to further implement that Plan, applicable contracts heretofore or hereafter entered into between or among the County, cities, other governmental entities and operators, and applicable local, state, and federal law. In addition, the system and each element thereof, shall be implemented, as applicable, in accordance with the priorities set forth in RCW 70.95.010, as it may hereafter be amended, currently:

1. Waste reduction;

2. Recycling, with source separation of recyclable materials as the preferred method;

3. Energy recovery, incineration, or landfill of separated waste;

4. Energy recovery, incineration, or landfilling of mixed wastes.

D. The Director shall designate solid waste handling facilities for solid waste that:

1. Originates within the unincorporated areas of the County (except McChord Air Force Base and the Fort Lewis Military Reservation);

2. Originates within a city that has authorized the County to designate solid waste handling facilities for that city's solid waste; or

3. Originates outside the County and is allowed to be handled in the unincorporated area of the County by applicable ordinance, regulation, contract with an operator, or the Director's emergency authorization, as provided in Section 8.30.020 E.

The designation by the Director of each such facility shall specify:

a. The location of the facility and the name and address of the person operating the facility;

b. the type, origin, and volume of solid waste which shall or may be handled at such facility;

c. the persons who may deliver solid waste to each such facility; and

d. the manner of conveyance and time for delivery of solid waste to each such facility.

If the owner or operator of the facility is an operator as defined in this Chapter, the designation shall be as required by, or otherwise be consistent with, the County's contract with the operator.

The Director may designate a solid waste handling facility prior to its construction or receipt of permits necessary for its operation, except that the provisions of Section 8.30.030 shall not be effective with respect to that facility unless and until it is capable of handling solid waste. Furthermore, no such designation shall release any operator from the responsibility of complying with all applicable local, state, and federal laws and regulations.

E. Upon a finding that it is necessary for the immediate preservation of the public health or safety, the Director shall immediately notify the Chair of the County Council of such emergency, and may, for periods no longer than 60 consecutive days, designate additional or alternative facilities that do not comply with all of the requirements of this Chapter. The authority of the Director to so designate additional or alternative facilities under this subsection, and the exercise of that authority, shall not excuse any breach of the terms or conditions of any applicable contract with an operator.

F. Except as provided in 8.30.020 E., solid waste referred to in 8.30.020 D.1., 2. or 3., shall not be diverted from the solid waste handling facilities designated by the Director, or handled at any other location or facility, unless that diversion or handling is made by an operator, a city or other governmental entity or as otherwise approved by the Director in accordance with any contract between the County and the operator of the facility from which solid waste is being diverted.

G. An operator may require as a condition to the delivery or disposal of solid waste that a person delivering or disposing of solid waste at that operator's facility enter into an agreement with the operator which concerns the following:

1. The nature of the solid waste to be handled;

2. The time, means, and manner of delivery;

3. The prohibition of delivery or disposal of hazardous waste or other solid waste or materials not permitted to be handled at that facility;

4. The manner in which any hazardous waste or other non-permitted solid waste or materials shall be handled if delivered;

5. The cleanup of improperly handled solid waste; the payment of fees and charges for services provided by that facility;

6. Any financial security for payment (including but not limited to deposits, performance bonds or letters of credit) and the compliance with the operator's rules;

7. And such other matters as may be approved by the Director or authorized by applicable contract with an operator.

Any such agreement between an operator and the user of that operator's facility shall be subject to any applicable contract between the County and that operator and, further, subject to the approval of the Director unless the terms of such agreement have been approved by the County in connection with that operator's contract with the County, in which case the approval of the Director shall not be required.

This subsection 8.30.020 G. does not limit the ability of an operator to set fees and charges for the handling of solid waste which is permitted but not required to be disposed of at such facility except as may be provided in a contract between such operator and the County.

H. An operator may impose such rules and regulations as it deems necessary and appropriate governing the handling of solid waste at its facility and the price, terms, method, and time of payment for services and other relevant matters, including but not limited to those matters described in 8.30.020 G.

I. All persons disposing of or otherwise delivering solid waste at a solid waste handling facility shall pay, when due to the operator of that facility, the fees or charges established under the applicable contract between that operator and the County and shall comply with the rules established by the operator under 8.30.020 H. Subject to applicable law and any contract with the County, an operator may, after giving reasonable notice to the County, take such actions as it deems necessary and appropriate to enforce those rules and collect those fees and charges, including prohibiting any person from using that facility due to nonpayment or noncompliance with the operator's rules.

J. Facilities that handle recyclable materials shall not be subject to the designation requirements of this Chapter unless such a facility is designated as a disposal site. However, Recyclable Material that is delivered initially to such a facility and that ultimately is not recycled shall be subject to this Chapter.

(Ord. 90-4 § 1 (part), 1990)