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HomeMy WebLinkAbout6892 ORDINANCE NO. 6892 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ADDING A NEW CHAPTER 16.15 TO THE AUBURN CITY CODE RELATING TO THE USE OF COMPOST IN CITY PROJECTS WHEREAS, in order to reduce methane emissions, RCW 70A.205.007 establishes the goal of cutting landfill-disposed organic material in Washington by 75% compared to 2015; and WHEREAS, the 2022 state legislature identified increased procurement of compost products by cities and counties as a means for achieving this goal while also strengthening the economic viability of compost production; and WHEREAS, a 2022 enacted state statute requires that cities with populations over twenty five-thousand (25,000) adopt a compost procurement ordinance that mandates utilization of compost in government-funded projects; and WHEREAS, the new law also mandates that local governments require contractors to use compost products to the maximum extent economically feasible when the products are reasonably available and comply with quality and health standards. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. New Auburn City Code Chapter. That a new Chapter 16.15 is added to the Auburn City Code to read as shown in Exhibit A. Section 2. Implementation. That the Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Ordinance No.6892 November 22,2022 Page 1 of 4 Rev.2020 Section 3. Severability. That the provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application of it to any person or circumstance, will not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: DEC 0 5 2022 PASSED: DEC 05 2022 APPROVED: DEC 0 5 2022 ea.‘ ANCY : S, MAYOR A ST: APPROVED AS TO FORM: cowittA awn Campbell, MMC, City ClerkKendra Comeau, City Attorney Published: N'teNTX (64142022 Tri1eS.e0144 Ordinance No. 6892 November 22,2022 Page 2 of 4 Rev.2020 EXHIBIT A Chapter 16.15 COMPOST USE AND REPORTING Sections: 16.15.010 Procurement of compost products for city projects. 16.15.020 Compliance with state pest control regulations. 16.16.030 Reporting to the Department of Ecology. 16.15.040 Public education component of Comprehensive Solid Waste Management Plan. 16.15.010. Procurement of compost for city projects. A. Before issuance of a solicitation for bids or proposals under ACC chapter 3.12, a determination will be made whether compost products can be utilized in a project. In the event that compost products can be utilized, the-bid or other solicitation shall require the contractor to use compost products in the project to the maximum extent economically feasible. B. The city shall plan for the use of compost products in the following categories: 1. Landscaping projects. 2. Construction and postconstruction soil amendments. 3. Uses to prevent erosion, filter stormwater runoff, promote vegetation growth, or improve the stability and longevity of roadways; and 4. Low-impact development and green infrastructure to filter pollutants or keep water on-site, or both. C. Notwithstanding subsections A and B, the use of compost products is not required if: 1. Compost products are not available within a reasonable period of time; 2. Compost products that are available do not comply with existing purchasing standards; 3. Compost products that are available do not comply with federal or state health, quality, and safety standards; or 4. Compost purchase prices are not reasonable or competitive. D. For any project required to use compost under this subsection, priority will be given to purchasing compost products from companies that Ordinance No.6892 November 22,2022 Page 3 of 4 Rev.2020 1. produce compost products locally, and undertaking 2. are certified by a nationally recognized organization, and 3. produce finished compost products that are derived from municipal solid waste compost programs and meet quality standards comparable to those adopted by the department of transportation or adopted by rule by the department of ecology. E. For purposes of this chapter "Compost products" means mulch, soil amendments, ground cover, or other landscaping material derived from the biological or mechanical conversion of biosolids or cellulose-containing waste materials. 16.15.020. Compliance with state pest control regulations. Any application of compost by the city shall comply with the Washington State Department of Agriculture pest control regulations as provided in chapter 16-470 of the Washington Administrative Code (WAC), as hereafter amended. 16.15.030. Reporting to the Department of Ecology. By December 31, 2024, and thereafter by each December 31st of even-numbered years a report will be submitted to the Department of Ecology with the following information: A. The total tons of organic material diverted throughout the year; and B. The volume and cost of compost purchased throughout the two-year reporting period; and C. The source or sources of the compost purchased by the city over the two-year reporting period. 16.15.040. Public education component of Comprehensive Solid Waste Management Plan. Any comprehensive solid waste management plan submitted to the Department of Ecology pursuant to RCW 70A.205 shall contain strategies to inform Auburn residents about the value of compost and how the city uses compost in its operations. Ordinance No.6892 November 22,2022 Page 4 of 4 Rev.2020