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AN ORDINANCE authorizing the executive to enter into an amendment to the amended and restated solid waste interlocal agreement with the city of Bothell related to solid waste management services in areas of Snohomish County annexed to the city of Bothell after December 31, 2012.
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STATEMENT OF FACTS:
1. In 1988, King County and the city of Bothell ("the parties") entered into a solid waste interlocal agreement ("the original ILA") that established the parties' rights and responsibilities with respect to disposal of solid waste either generated or collected, or both, within the corporate limits of the city.
2. In July 2011, Ordinance 17112 authorized the executive to: (1) amend the original ILA with the city of Bothell to allow solid waste generated in areas of Snohomish County annexed to the city after January 2, 2011, to be disposed through the Snohomish County solid waste system rather than the King County system; and (2) enter into an interlocal agreement with Snohomish county consistent with the amendment to the original ILA with the city of Bothell.
3. In October 2013, Ordinance 17677 authorized the executive to execute an amended and restated solid waste interlocal agreement ("the extended ILA") that had been negotiated between the county and cities participating in King County's solid waste system. The extended ILA superseded the original ILA.
4. The extended ILA provides that the county agrees to dispose of or designate disposal sites for all solid waste and moderate risk waste either generated or collected, or both, within the corporate limits of the system in accordance with all applicable federal, state, and local environmental health laws, rules, or regulations.
5. The extended ILA further provides that no solid waste generated or collected within the city may be diverted from designated disposal sites without King County approval.
6. In December 2013, Ordinance 17721 authorized the executive to amend the extended ILA to be consistent with the amendment to the original ILA related to waste generated or collected in areas of Snohomish County annexed to the city after January 2, 2011 ("Amendment 1 to the extended ILA").
7. King County and the city of Bothell entered into the extended ILA and Amendment 1 to the extended ILA on January 27, 2014.
8. Effective December 31, 2012, the city annexed territory located in Snohomish County known as the Bloomberg Hill Island Annexation Area, an area comprised of 11.9 acres just north of the King County boundary line. The Bloomberg Hill Island Annexation Area was annexed into the city after January 2, 2011, but has been served by solid waste haulers that for years have taken the solid waste from this area to King County facilities for disposal.
9. The Bloomberg Hill Island Annexation Area previously contained five homes but is currently being developed for forty-eight homes. The estimated amount of waste that would be disposed at the Cedar Hills regional landfill from the new development is approximately twenty-six tons per year, or 0.15 percent of the total waste tonnage disposed of at the Cedar Hills regional landfill from within the Bothell city limits.
10. The city wishes to amend the extended ILA so that solid waste from the Bloomberg Hill Island Annexation Area would remain going to King County facilities and that waste generated or collected, or both, in areas of Snohomish County annexed to the city after December 31, 2012, would be disposed through the Snohomish County solid waste system. The city reports that Snohomish County is willing to agree to a similar amendment to the agreement between the city and Snohomish County.
11. The ILA amendment proposed by this ordinance would memorialize the current practice and eliminate the need for the city to contract with a different hauler to serve the Bloomberg Hill Island Annexation Area, which would require the hauler to change disposal sites and would increase the miles traveled by the collection vehicles and the associated environmental impacts.
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. The King County executive is hereby authorized to enter into Amendment No. 2 to the Amended and Restated Solid Waste Interlocal Agreement between King County and the city of Bothell substantially in the form of Attachment A to this ordinance.