Drafter
Clerk 04/19/2004
Title
AN ORDINANCE authorizing the county executive to enter into interlocal agreements for the designation of disposal sites.
Body
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Findings:
A. King County owns and operates a solid waste system, which includes the Cedar Hills regional landfill.
B. State law authorizes the county to designate disposal sites for solid waste, and the King County council has exercised this authority as set forth in K.C.C. chapter 10.08.
C. A private solid waste handling company, Rabanco Ltd., recently filed a lawsuit against the county. Among other claims, the lawsuit challenges the county's authority to designate disposal sites under state law in the absence of an interlocal agreement with counties in which Rabanco Ltd. has collection authority under a certificate from the Washington Utilities and Transportation Commission which Rabanco Ltd. consolidated in August of 2003.
D. The King County solid waste division was unaware of the consolidated certificate until Rabanco Ltd. filed the lawsuit on March 30, 2004.
E. Although the county does not believe that such agreements are legally mandatory, it is appropriate to enter into interlocal agreements with other counties to designate disposal sites for solid waste collection from unincorporated King County when the Washington Utilities and Transportation Commission has approved a multicounty solid waste collection franchise.
F. These interlocal agreements are consistent with the county's Comprehensive Solid Waste Management Plan and King County Code. The agreements do not make any substantive changes in the operation of the King County regional solid waste system and they will assist in implementing the designation of the county's solid waste system and authorized solid waste disposal sites.
SECTION 2. The King County executive is hereby authorized to execute
interlocal agreements substantially in the same form as Attachment A to this ordinance with any county in the state of Washington.