Drafter

Clerk 06/29/2023

Title

A RULE AND REGULATION relating to hazardous waste management, amending R&R 13-02, Section 3, as amended, and BOH 11.04.020, R&R 66, Section 1 (part), as amended, and BOH 11.04.030, R&R 66, Section 1 (part), as amended, and BOH 11.04.040, R&R 66, section 1 (part), as amended, and BOH 11.04.050, and R&R 66, section 1 (part), as amended, and BOH 11.04.060; enacted pursuant to RCW 70.05.060 and 70A.300.350, including the latest amendments or revisions thereto.

Body

                     BE IT ADOPTED BY THE KING COUNTY BOARD OF HEALTH:

                     SECTION 1.  R&R 13-02, Section 3, as amended, and BOH 11.04.020 are hereby amended to read as follows:

                     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

                     A.  "Certified hauler" means a person engaged in the business of solid waste handling having a certificate granted by the Washington state Utilities and Transportation Commission for that purpose.

                     B.  "Commercial solid waste collection service unit" or "service unit" means one or more solid waste containers of the same size from which solid waste is collected on the same regular or on-call service schedule from one site, containing only either compacted or noncompacted solid waste. The occasional collection of solid waste from extra containers of less than or equal to 0.48 cubic yards or ninety-six gallons during scheduled service is not a separate service unit.

                     C.  "Commercial ratepayer" means a solid waste collection service ratepayer that is a business, nonprofit organization, public agency, school, medical organization or other institution, or a multifamily residential ratepayer. For the purposes of this subsection, "multifamily residential ratepayer" means a solid waste collection service ratepayer for a residential structure with more than one housing unit, such as a multiunit condominium, apartment building or multiplex dwelling.

                     D.  "Committee" means the local hazardous waste management program's management coordination committee established in BOH 11.04.040.

                     E.  "Department" means the ((Seattle/King County Department of Public Health)) King County department of natural resources and parks.

                     F.  "Landfill" means a disposal facility or part of a facility at which solid waste is placed in or on land and ((which)) that is not a land treatment facility.

                     G.  "Moderate-risk waste" shall have the same meaning as in RCW ((70.105.010)) 70A.300.010.

                     H.  "Passenger licensed vehicle" means any motor vehicle licensed by the state of Washington or any other state or governmental entity as a passenger vehicle.

                     I.  "Self hauler" means a vehicle that is neither a passenger licensed vehicle nor a vehicle used by a certified hauler in the certified hauler's solid waste handling operations.

                     J.  "Septage" means a semisolid consisting of settled sewage solids combined with varying amounts of water and dissolved materials generated from a septic tank system.

                     K.  "Sewage" means any liquid or liquid-borne waste from the ordinary living processes, liquid or liquid-borne waste that contains animal or vegetable matter in suspension or solution or liquid or liquid-borne waste that contains chemical in suspension or solution, and that may be lawfully discharged into a public sanitary sewer.

                     L.  "Single-family residential ratepayer" means a solid waste collection service ratepayer for a single-family dwelling.

                     M.  "Solid waste" means all putrescible and nonputrescible solid and semisolid wastes, including, but not limited to, garbage, rubbish, ashes, industrial wastes, infectious waste, swill, demolition and construction wastes, abandoned vehicles or parts thereof, discarded commodities, or contaminated excavated solid or fills material. "Solid waste" includes all liquid, solid and semisolid materials that are not the primary products of public or private, industrial, commercial, mining and agricultural operations, except that, for the purposes of this section, "solid waste" does not include source-separated recyclable materials.

                     N.  "Suburban city" means an incorporated city or town whose boundaries include territory within King County and who has entered into a solid waste interlocal agreement with King County in accordance with K.C.C. ((10.08.130)) 10.08.020.

                     O.  "Transfer station" means a staffed, fixed, supplemental collection and transportation facility used by persons and route collection vehicles to deposit collected solid waste from off-site into a larger transfer vehicle for transport to a permanent disposal site.

                     P.  "Wastewater" means liquid-borne waste from residences, buildings, industrial and commercial establishments, animal operations, or other places, including but not limited to sewage, greywater, process water, cooling water, contaminated stormwater, and leachate from solid waste facilities, together with such groundwater infiltration and inflow as might be present.

                     SECTION 2.  R&R 66, Section 1 (part), as amended, and BOH 11.04.030 are hereby amended to read as follows:

                     Unless the context clearly indicates otherwise, the words and phrases used in this title shall be construed so as to make it consistent with ((C))chapter ((70.105)) 70A.300 RCW ("Hazardous Waste Management"), and with applicable rules and regulations promulgated thereunder.

                     SECTION 3.  R&R 66, Section 1 (part), as amended, and BOH 11.04.040 are hereby amended to read as follows:

                     The local hazardous waste management ((prgrams’s)) program's management coordination committee is hereby established.  The committee shall be composed of five members:

                     A.  the ((director)) manager of the King County department of natural resources and parks solid ((W)) waste ((D)) division or the ((director's)) manager’s designee;

                     B.  The ((director)) general manager and chief executive officer of Seattle Public Utilities or the ((director's)) manager’s designee;

                     C.  A representative appointed by the Sound Cities Association;

                     D.  The ((director)) manager of the King County department of natural resources and parks water and land resources division or the ((director's)) manager’s designee;

                     E.  the director of ((the Seattle-King County department of public health)) public health - Seattle & King County or the director's designee.

                     SECTION 4.  R&R 66, Section 1 (part), as amended, and BOH 11.04.050 are hereby amended to read as follows:

                     A.  1.  The committee shall be responsible for accepting and recommending a management plan and budget for:

                           a.  the reduction of moderate risk waste generation, its entry into the solid waste stream, entry into the liquid waste (((sewage)) wastewater) stream, into storm drainage or surface waters, and evaporation into the air; and

                           b.  the protection and enhancement of public health and environmental quality in King County by the reduction of the threat posed by the production, use, storage and disposal of hazardous materials.

                         2.  The management coordination committee shall develop an annual plan and budget and reach agreement on it through consensus of the entire committee.  Lacking a consensus, a majority and a minority report will be forwarded to the King County Board of Health;

                     B.  The committee shall recommend contracts with the city of Seattle, suburban cities, sewer district or other governments or entities located entirely or partially within King County, and King County, to implement portions of the management plan, in consideration of sums collected under BOH 11.04.060.

                     C.  The committee shall develop an annual plan and budget for implementation of BOH chapter 11.50 and reach agreement on it through consensus of the entire committee. Lacking a consensus, a majority and a minority report shall be forwarded to the King County Board of Health. The committee shall recommend contracts or interagency agreements to implement portions of the plan.

                     SECTION 5.  R&R 66, Section 1 (part), as amended, and BOH 11.04.060 are hereby amended to read as follows:

((Part 1 - Fees.

Effective January 1, 2019, through December 31, 2019.

                     The following fees are established to provide funds for contracts authorized by BOH 11.04.050:

                     A.  Each private and public entity that bills for solid waste collection services shall pay an amount equivalent to eighty-nine cents per month for each single-family residential ratepayer in King County.

                     B.  Each private and public entity that bills for solid waste collection services shall pay an amount equivalent to the fee set forth in Table 11.04-1 per month for each commercial solid waste collection service unit.

Table 11.04-1

Local Hazardous Waste Management Fees for Commercial Ratepayers

                     Size of Container or                                                                                    Fee Amount per Service Unit

                     Containers in Service Unit

                     Less than or equal to 0.48 cubic                                          $1.54 per month

                     yards or 96 gallons

                     Greater than 0.48 cubic yards                                                               $12.66 per month

                     or 96 gallons and less than

                     10 cubic yards

                     Greater than or equal to                                                               $48.64 per month

                     10 cubic yards

                     C.  Each operator of a sewage treatment plant serving more than fifty customers shall pay an amount equivalent to forty-eight dollars and twenty-six cents per million gallons of sewage treated.

                     D.  Each transfer station and landfill shall pay one dollar and ninety-one cents for each passenger licensed vehicle load of solid waste, and four dollars and ninety-nine cents for each self hauler ton of solid waste, brought to such transfer station or landfill.

                     E.  All payments shall be based on actual performance data for the billing period.

                     F.  All fees shall be billed and remitted to the department on a quarterly basis.  All payments shall be due forty-five days after receipt of bill.

                     G.  Each private and public entity that bills for solid waste collection services shall provide an annual report of accounts and services to the local hazardous waste management program in a format and on a schedule approved by the local hazardous waste management program's management coordination committee.

Part 2 - Fees.

Effective January 1, 2020, through December 31, 2020.

                     The following fees are established to provide funds for contracts authorized by BOH 11.04.050:

                     A.  Each private and public entity that bills for solid waste collection services shall pay an amount equivalent to ninety-three cents per month for each single-family residential ratepayer in King County.

                     B.  Each private and public entity that bills for solid waste collection services shall pay an amount equivalent to the fee set forth in Table 11.04-1 per month for each commercial solid waste collection service unit.

Table 11.04-1

Local Hazardous Waste Management Fees for Commercial Ratepayers

                     Size of Container or                                                                                    Fee Amount per Service Unit

                     Containers in Service Unit

                     Less than or equal to 0.48 cubic                                          $1.62 per month

                     yards or 96 gallons

                     Greater than 0.48 cubic yards                                                               $13.34 per month

                     or 96 gallons and less than

                     10 cubic yards

                     Greater than or equal to                                                               $51.27 per month

                     10 cubic yards

                     C.  Each operator of a sewage treatment plant serving more than fifty customers shall pay an amount equivalent to fifty-dollars and eighty-seven cents per million gallons of sewage treated.

                     D.  Each transfer station and landfill shall pay two dollars and one cent for each passenger licensed vehicle load of solid waste, and five dollars and twenty-five cents for each self hauler ton of solid waste, brought to such transfer station or landfill.

                     E.  All payments shall be based on actual performance data for the billing period.

                     F.  All fees shall be billed and remitted to the department on a quarterly basis.  All payments shall be due forty-five days after receipt of bill.

                     G.  Each private and public entity that bills for solid waste collection services shall provide an annual report of accounts and services to the local hazardous waste management program in a format and on a schedule approved by the local hazardous waste management program's management coordination committee.

Part 3 - Fees.

Effective January 1, 2021, through December 31, 2021.

                     The following fees are established to provide funds for contracts authorized by BOH 11.04.050:

                     A.  Each private and public entity that bills for solid waste collection services shall pay an amount equivalent to ninety-eight cents per month for each single-family residential ratepayer in King County.

                     B.  Each private and public entity that bills for solid waste collection services shall pay an amount equivalent to the fee set forth in Table 11.04-1 per month for each commercial solid waste collection service unit.

Table 11.04-1

Local Hazardous Waste Management Fees for Commercial Ratepayers

                     Size of Container or                                                                                    Fee Amount per Service Unit

                     Containers in Service Unit

                     Less than or equal to 0.48 cubic                                          $1.71 per month

                     yards or 96 gallons

                     Greater than 0.48 cubic yards                                                               $14.06 per month

                     or 96 gallons and less than

                     10 cubic yards

                     Greater than or equal to                                                               $54.04 per month

                     10 cubic yards

                     C.  Each operator of a sewage treatment plant serving more than fifty customers shall pay an amount equivalent to fifty-three dollars and sixty-two cents per million gallons of sewage treated.

                     D.  Each transfer station and landfill shall pay two dollars and twelve cents for each passenger licensed vehicle load of solid waste, and five dollars and fifty-four cents for each self hauler ton of solid waste, brought to such transfer station or landfill.

                     E.  All payments shall be based on actual performance data for the billing period.

                     F.  All fees shall be billed and remitted to the department on a quarterly basis.  All payments shall be due forty-five days after receipt of bill.

                     G.  Each private and public entity that bills for solid waste collection services shall provide an annual report of accounts and services to the local hazardous waste management program in a format and on a schedule approved by the local hazardous waste management program's management coordination committee.

Part 4 - Fees.

Effective January 1, 2022, and Thereafter.))

                     The following fees are established to provide funds for contracts authorized by BOH 11.04.050:

                     A.  Each private and public entity that bills for solid waste collection services shall pay an amount equivalent to one dollar and four cents per month for each single-family residential ratepayer in King County.

                     B.  Each private and public entity that bills for solid waste collection services shall pay an amount equivalent to the fee set forth in Table 11.04-1 per month for each commercial solid waste collection service unit.

Table 11.04-1

Local Hazardous Waste Management Fees for Commercial Ratepayers

                     Size of Container or                                                                                    Fee Amount per Service Unit

                     Containers in Service Unit

                     Less than or equal to 0.48 cubic                                          $1.80 per month

                     yards or 96 gallons

                     Greater than 0.48 cubic yards                                                               $14.82 per month

                     or 96 gallons and less than

                     10 cubic yards

                     Greater than or equal to                                                               $56.96 per month

                     10 cubic yards

                     C.  Each operator of a ((sewage)) wastewater treatment plant serving more than fifty customers shall pay an amount equivalent to fifty-six dollars and fifty-one cents per million gallons of ((sewage)) wastewater treated.

                     D.  ((Each transfer station and landfill shall pay two dollars and twenty-three cents for each passenger licensed vehicle load of solid waste, and five dollars and eighty-four cents for each self hauler ton of solid waste, brought to such transfer station or landfill.)) For each self-haul load of solid waste brought to a transfer station or landfill:

                       1.  The transfer station or landfill operator shall pay two dollars and twenty-three cents for each self-haul load of solid waste that qualifies for the minimum solid waste disposal fee; and

                       2.  The transfer station or landfill operator shall pay five dollars and eighty-four cents per ton for each self-haul load of solid waste that qualifies for the per-ton solid waste disposal fee.

                     E.  All payments shall be based on actual performance data for the billing period.

                     F.  All fees shall be billed and remitted to the department on a quarterly basis for deposit into the local hazardous waste fund.  All payments shall be due forty-five days after receipt of bill.

                     G.  Each private and public entity that bills for solid waste collection services shall provide an annual report of accounts and services to the local hazardous waste management program in a format and on a schedule approved by the local hazardous waste management program's management coordination committee.

                     SECTION 6.  Effective date.  This rule takes effect October 1, 2023.

                     SECTION 7.  Severability.  If any provision of this rule or its application to any

person or circumstance is held invalid, the remainder of the rule or the application of the provision to other persons or circumstances is not affected.