HomeMy WebLinkAbout4543
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ORIGINAL
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ORDINANCB NO. 4 5 4 3
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, APPROVING REIMBURSEMENT OF FUNDS IN THE AMOUNT OF
SIX THOUSAND ONE HUNDRED FORTY-ONE AND 00/100 DOLLARS,
($6,141), AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
AN AGREEMENT WITH THE SEATTLE-KING COUNTY DEPARTMENT OF PUBLIC
HEALTH TO ACCEPT THE REIMBURSEMENT FUNDS FOR IMPLEMENTATION OF
THE HAZARDOUS WASTE PROGRAM.
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WHEREAS, the Auburn City Council of the City of Auburn
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must adopt and approve all appropriations by Ordinance
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pursuant to Chapter 35A.33 RCW; and
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
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section 1.
Pursuant to Chapter 3 5A. 33 RCW, the city
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hereby approves the expenditure and appropriation of a total
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amount of SIX THOUSAND ONE HUNDRED FORTY-ONE DOLLARS ($6,141)
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which constitutes reimbursement of funds for implementing
Hazardous Waste Programs in accordance with the Local
Hazardous Waste Management Plan for Seattle-King County.
section 2.
The Mayor and city Clerk of the City of
Auburn are authorized to execute Agreement No. D-16986D with
Seattle-King County Department of Public Health for the
reimbursement of said funds.
A copy of said Agreement is
attached hereto and designated Exhibit "A" and is incorporated
by reference herein.
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Ordinance No. 4543
January 28, 1992
Pege 1
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section 3. The Mayor is hereby authorized to implement
s'~ch administrative procedures as may be necessary to carry
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out the directions of this legislation.
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Section 4.
This Ordinance shall take effect and be in
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force five (5) days from and after its passage, approval and
publication, as provided by law.
INTRODUCED:
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PASSED:
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APPROVED:
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1-r-J
. MAY 0 R
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ATTEST:
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f1w;u !J)fJ-!LLL-I1 iVu
Robin Wohlhueter,
City Clerk
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APPROVED AS TO FORM:
stt::: R~~
city Attorney
Published:
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Ordinance No. 4543
Jenuary 28, 1992
Pege 2
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FROM:5T DA5A
TO:
1 206 931 3055
MAY 12. 1994 8:36AM ~932 P.02
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7 ¡IV '"1/- (,()() -, (·h'
AGREEMENT
bétWé"n the
. SEATrLE-KlNG COUNTY DEPARTMENT OF PUBLIC HEALTH
and the
CITY OF AUBURN
for the reimbursement of funds for implementing Hazardous Waste Programs in
accordance with the Localllazardous Waste Management 1'1(11\ for Seaule-King County.
This Agreement is entered into by and between King County through the Seattle-King
County Department of Public Health (Health Department) and the City of Auburn (the
City).
The parties to tl1is Agreement hereby agree to implement the programs and the
funding/reimbursement mechanisms in the l.ocal Hazardous Waste Management Plan
(the Plan) for Seattle-King County, adopted by the affected agencies and approved by
the State of Washington Department of Rcology in accordance with RCW 70.105.220 (1),
Washington State Hazardous Waste Management Act. 111e parties will work with the
Management Coordination Committee and the Technical Staff Committee to comp1y with
administrative and evaluation programs under the Plan.
I. Purpose
It has been determined that moderate risk waste is being disposed of with solid waste,
in sewers and septic systems, or on other lands and in water, causing potential public
health and environmental problems. In order to reduce and divert hazardous wasle
from the solid and liquid waste streams, and in compliance with state law requiring e¡¡ch
local government to prepare a local hazardous waste plan based on state guidelines, the
City of Seattle, King County, Metro, the Seall1e-King County Department of Public
Health, and Suburban Cities have prepared a joint Plan to fund and implement specified
hazardous waste programs.
The agencies implementing these programs in accordance with the Plan will be
reimbursed by the Health Department from funds colJecled for this purpose pursIJant
to the funding mechanism in the Plan, Chapter 10.76 of the Seattle Municipal Code <lnd
Chapter 2.08 of the Code of the King County Board of Health.
The monies coIJected under these ordinances, rules and regulations will be placed in a
special fund titled Hazardous Waste Fund (the Fune!) administered by the] lealth
Department for the purpose of reimbursing those agencies which implement prof,rams
as specified in the Plan. This Agreement detaUs the;, manner in which implementing
agencies will be reimbursed from the Fund.
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O¡-d nnnce No. 4543 ¡¡"hibj t "A"
Page One
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n. Work Program
The work programs for each implementing agency arc identified jn the text of the Plan,
which should be referred to, and are recapped in Exhibit 1, which is incorporated herein
by reference, for the signing party.
Each work program consists of the program description and budget breakdown for the
year.
III. Responsibilities of Parties
A. City of Auburn
The City wilJ implement the programs as described in Exhibit I, including
hiring appropriilte staff and conducting ilclivilies as outlined in Exhibit I
and as more fully described in the Plan.
The City wiJI C(J<.1rdh\ilte aU implemcmtation activities closely with the
Health Department and other implementing agencies throuf,h the
Management Coordination Committee and the Technical Staff Committee.
The City will account separatdy for all expenses incurred in conducting iI~
activities as outlined, and wi11 submit reimbursement requests in a timely
manner to the Health Department.
B. Health Department
The Health Department will coordinate cJose]y with the City and other
implementing agendes throuf,h the Management Coordination Committee
and the Technical Staff Committee.
The Heallh Department wi11 process all reimbursement requests under this
Agreement in a timely manner.
IV, Costs
The Health Department will reimburse the City for its expen~es concerning the above
described work in amounts not to exceed the amount~ shown for each program in
Exhibit I, attached hereto and incorporated by reference herein, provided that said
expenses occur in 1991. Reimbursement for any expenses incurred beyond 1991 arc
contingent upon an extension of this Agreement with an updated annual work program
and updated costs, as approved by the King County Board of Health and the Seattle City
Council, and as provided for in Section VII.
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Ordjnance No. 4543 Exhihjt "A"
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V. Billing and Reimbursement
The City will billlhe Heal\h Department quarterly for expenses incurred. The lIea11h
Department will reimburse documented expenses in agreement with Exhibit 1 in a timely
manner after receipt.of the reimbursement request.
VI. Effective Date
This Agreement shall become ef{eclive upon signature by both parties to this Agreement.
This Agreement shall be in force unti! aJl wOJ'k products lisled in Exhibit I have been
completed, or December 31, 1991, whichever occurs first.
VII. Liability
The activities described in this agreement are subject to and the parlies are bound by Ihc
provisions of the Solid Waste Interlocal Agreement between the City and King County,
Section VITI., incorporated by reference and auached herelo as Exhibit 11.
VIII. Continuation, Amendment or Termination
Continuation of this Agreemcnt beyond December 31, 1991, is contingent upon
agreement by both parties. This Agreement may be amended or alteTed only by wriuen
agreement between the parties hereto. This Agreement may be terminated by eilher
party with or without cause upon sixty days writlen notice.
In witness whereof, the parties hereto have executed this Agreement this
of ·1{lM./Æ ILA,Iit ' 19~.?-
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.;.1, ...·day
Seatlle-King County Department of
Public Health
City of Auburn
FOR
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Robert Roegner, -If) j , .
Milyor DATE: i¿t"",.J.. t¡.)
ill,
County Executive
MAR 1 7 1992
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flf:::'L1C/t</1 /tj{¿.(I.I.~ '~_/
ATTEST: Robl" \\TohlhuE'ler, Clly CJ c'rk
Date
APPROV/<:iI AS TO FOHM:
BÚ~e~: ·~\1~f!£y· Ùlornc)'
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Ordinance No, 4543
¡':xhihit "A"
PagE' 3
FROM: ST DASA
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MAY 12, 1994 8:37AM ~932 P.05
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EXH II3 1 '1' 1
CITY OF AUBURN
HAZARDOUS WAS'1'E MliNAGEMENT PLAN
1991 WORK PROGRAMS AND BUDGETS
Household Hazardous Waste BcJuçatioru.:Waste Reduction ProTfloU on
HHW EXHIBIT
Staff
Materials and Supplies
SEMINAR
Staff
Materials and Supplies
HHW WEEK
Staff
Duplicating
Distribution costs
Advertisin9
PROJECT MANAGEMENT
Staff
Supplies
TOTAL
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Orùinance No. {,543 ~:xldh1t "A"
EXHIBIT I
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$470
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590
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235
300
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200
3500
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$6141
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Exhibit 11
YJII. LlABlLITY
8.1 Except as provided herein, the Counly shall indemnify and hoJd harmless the City and shall
have the right and duty to defend the City through the County's allomeys against any and aJJ c1aitns
arising out of the County's operations and to sC'tlJe such cJaims, recognizing that all costs innlJTed by
the County thereby are system costs which must be satisfil'd from disposal rates as provided in section
YJJ herein. In providing such defense of the City, the County shaH exercise good faith in such dC'fC'nse
or settJement so as to protect the City's intC'rest. For purposes of this section "claims arising out of the
county's operations" shalllnc1ude claims arIsing out of the ownership, control, or majntmance of the
system, but shall not Include claims arising out of the City's operation of motor vehicles in connection
with the system or other activities under the control of the City which may be incidental to the County's
operation.
8.2 If the County Is not negligent, the City shall hoJd harmless, indemnify and defend the County
for any property damages or personal injury solely caused by the City's ne¡;1igent bi!ure to comp]y with
the provisions of Section 8.5.a.
8.3 In the event the County acts to defend the City against a claim, the City shall cooperate with the
County. In the event the City acts to defend the County against ¡¡ claim, the County shall cooperate
with the Clly.
8.4 Por purposes of lhis section, references to City or County sha11 be deemed to include the offiœrs,
employees and agents of either party, acting within the scope of their authority.
8.5.a All waste generated or collected from within the corporate limits of the City which is dcliver",d
to the system for disposal shaIJ be in compliance with the resource conservation and recov<'ry act, as
amended (42 U.S.C. 6901 et seq.), RCW 70.95, King County Board of Health Rules and Regulations No.
8, and an other applicable federal, state and local environmental health laws, ru1es or reguJalions.
The City shall be deemed to have complied with the reguirements of section 8.5.a if it has adopted an
ordinance requiring soHd waste delivered to the system (or disposal to meet such laws, ru1es and
regulations and by written agreement has authorized King County to enforce these within the corporate
limits of the City.
8.5.b The County shan provide the City with writlen notice of any violation of this provision. Upon
such notice, the City shall take immediate steps to renwdy the violation and prevent similar future
violations to the reasonable satisfaction of King County which may include but not be limited to
removing the waste and disposing of it at an approved facility. ]f, in go()d faith, the City disagree·s with
the County regarding the violation, such dispute shall be resolved between the parties in Superior
Court. Each party shall be responsibJe (or its atloTl1ey's fees and rosLs. Failure of the City to takC' the
steps requested by the County pending Superior Court resolution shaIJ not be deemed a violation (1f this
agreement; provided, however, that this shall not release the City for damages or Joss to the County
arising out of the failure to lake such steps j( the Court finds that the City vioIated the requirements to
comply with applicable laws set forth in this section.
8.6 City is not held hannJess or Indemnified with regard to any liability arising under 42 use §
9601-9675 (CERCLA) as amended by the Superfund Amendments and Reaulhorization Ael of 198(,
(SARA) or as hereafter amended or pursuant to any slate legislation imposing liabHity for ckanup of
contaminated property, pollutants or hazardous or dangerous subsl¡¡nce~.
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Ordinance Nu, 4543 Exhibit "A"
EXHIBIT II