HomeMy WebLinkAboutOrdinance No. 2022-041 Adding a New Chapter 3.102 of the Arlington Municipal Code to Add a Compost Procurement Requirement in Compliance with RCW 43.19A.150ORDINANCE NO. 2022-041
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON ADDING A NEW
CHAPTER 3.102 OF THE ARLINGTON MUNICIPAL CODE TO ADD A COMPOST PROCUREMENT
REQUIREMENT IN COMPLIANCE WITH RCW 43.19A.150.
WHEREAS, the Washington State Legislature recently enacted House Bill 1799, which
requires that cities and counties with populations greater than 25,000, and those with existing
organics collection services, shall adopt a compost procurement ordinance to implement RCW
43.19A.120; and
WHEREAS, such ordinance must be adopted by January 1, 2023;
NOW, THEREFORE, the City Council of the City of Arlington does hereby ordain as
follows:
Section 1. A new chapter 3.102 of the Arlington Municipal Code is hereby added, to
read as follows:
CHAPTER 3.102
COMPOST PROCUREMENT
3.102.010 Compost Procurement.
3.102.010 — Compost procurement.
Definitions. For the purposes of this section, the definitions set forth in RCW
43.19A.010 shall apply, unless the context clearly requires otherwise.
When planning city -funded projects or soliciting and reviewing bids for
such projects, city departments shall identify whether compost can be
utilized in a city project. In the event that compost can be utilized, city
departments shall require purchase of compost for use in city projects.
City departments shall plan for the use of compost in any of the
following categories that are applicable to their operations and
project types:
1. Landscaping projects;
2. Construction and post construction soil amendments;
3. Applications to prevent erosion, filter stormwater runoff, promote
vegetative growth, or improve the stability and longevity of
roadways; and
4. Low -impact development and green infrastructure to filter
pollutants or to keep water onsite or both.
Notwithstanding subsections B and C of this section, city departments are
not required to use compost products if:
1. Compost products are not available within a reasonable time
or distance from the project;
ORDINANCE NO. 2022-041
2. Compost products that are available do not comply with
existing purchasing standards;
3. Compost products that are available do not comply with federal,
state or local health, quality and safety standards; or
4. Compost purchase prices are not reasonable or competitive.
e. City departments shall give priority to purchasing compost products
from companies that:
1. Produce compost products locally;
2. Are certified by nationally recognized organization like the
US Composting Council; and
3. 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.
City departments that use compost shall report the following
information to the public works department by each December 15:
1. The volume and cost of compost purchased by the city
department in that year; and
2. The source or sources of the compost purchased by the
city department in that year.
g. The public works department is responsible for:
1. Providing technical assistance and education regarding the use
of food and yard waste compost to city departments and staff;
2. Conducting educational outreach to inform residents and
businesses about the value of food and yard waste compost and
how the city uses compost in its operations each year; and
3. Reporting the total estimated tons of organic material diverted
from the city's waste stream because of compost use under this
section.
By December 31, 2024, and each December 31st of even -numbered years
thereafter, the city shall submit a report covering the previous year's
compost procurement activities to the department of ecology that
contains the following information:
1. The total tons of organic material diverted throughout the year;
2. The volume and cost of compost purchased throughout the year; and
The source or sources of the compost.
Section 2. Severability. Should any section, paragraph, sentence, clause or phrase of
this ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by
state or federal law or regulation, such decision or pre-emption shall not affect the validity of
the remaining portions of this ordinance or its application to other persons or circumstances.
ORDINANCE NO. 2022-041
Section 3. Effective Date. The title of this ordinance which summarizes the contents
shall be published in the official newspaper of the City. This ordinance shall take effect and be
in full force five (5) days after the date of publication as provided by law.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this 19th
day of December, 2022.
CITY OF ARLINGTON
Barbara Tolbert, Mayor
ATTEST:
ve - "e
Wendy Va Der Meersche, City Clerk
APPROVED AS TO FORM:
Steve . Pei le, City Attorney
ORDINANCE NO. 2022-041
CERTIFICATION OF ORDINANCE
I, Wendy Van Der Meersche, being the duly appointed City Clerk of the City of Arlington,
Washington, a municipal corporation, do hereby certify that the following Ordinance
No. 2022-041 was approved at the December 19, 2022 City Council meeting.
ORDINANCE NO. 2022-041
"AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON ADDING A NEW
CHAPTER 3.102 OF THE ARLINGTON MUNICIPAL CODE TO ADD A COMPOST
PROCUREMENT REQUIREMENT IN COMPLIANCE WITH RCW 43.19A.150"
A true and correct copy of the original ordinance is attached.
Dated this 20th day of December, 2022
Wendy Van er Meersche
City Clerk for the City of Arlington