File #: BOH14-03    Version: 1
Type: R&R Status: Passed
File created: In control: Board of Health
On agenda: Final action: 7/17/2014
Enactment date: Enactment #:
Title: A RULE AND REGULATION relating to local hazardous waste management fees, amending R&R 13-02, Section 3, and BOH 11.04.020, and R&R 66, Section 1 (part), as amended, and BOH 11.04.060; enacted pursuant to RCW 70.05.060 and 70.105.220, including the latest amendments or revisions thereto.
Attachments: 1. R&R 14-03.pdf, 2. Notice of Hearing - RR - Notice of Rulemaking - BOH Ch 11_04 - LHWMP Rate Structure 07-17-2014.doc, 3. BOH Staff Report BOH14-03.doc, 4. BOH14-03 attachment 2 to staff report.pdf, 5. BOH14-03 attachment 3 to staff report.pdf, 6. BOH Presenation LHWMP Rate Restruct 07-17-2014 FINAL sent.pptx
Drafter
Clerk 06/30/2014
Title
A RULE AND REGULATION relating to local hazardous waste management fees, amending R&R 13-02, Section 3, and BOH 11.04.020, and R&R 66, Section 1 (part), as amended, and BOH 11.04.060; enacted pursuant to RCW 70.05.060 and 70.105.220, 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, and BOH 11.04.020 are each hereby amended to read as follows:
      Definitions.  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.
      ((C.)) E.  "Department" means the ((Seattle/King)) Seattle-King County Department of Public Health.
      ((D.)) F.  "Landfill" means a disposal facility or part of a facility at which solid waste is placed in or on land and which is not a land treatment facility.
      ((E.)) G.  "Moderate-risk waste" shall have the same meaning as in RCW 70.105.010.
      ((F.)) 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.
      ((G.)) 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.
((H.)) 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.
      ((I.)) 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.
      ((J.)) 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)) 10.24.040.
      ((L.)) 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.
      SECTION 2.  R&R 66, Section 1 (part), as amended, and BOH 11.04.060 are each hereby amended to read as follows:
      Fees.  The following fees are established to provide funds for contracts authorized by BOH 11.04.050:
      A.  Each private and public entity ((which)) that bills for solid waste collection services shall pay an amount equivalent to ((one dollar and eight)) eighty-four cents per month for each single-family residential ((customer)) ratepayer in King County((, and eleven dollars and twenty-four cents per month for each nonresidential customer)).
      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            $1.46 per month
      yards or 96 gallons
      Greater than 0.48 cubic yards                  $12.01 per month
      or 96 gallons and less than
      10 cubic yards
      Greater than or equal to                  $46.15 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-five dollars and seventy-nine cents per million gallons of sewage treated.
      ((C.)) D.  Each transfer station and landfill shall pay one dollar and eighty-one cents for each passenger licensed vehicle load of solid waste, and four dollars and seventy-three cents for each self hauler ton of solid waste, brought to such transfer station or landfill.
      ((D.)) E.  All payments shall be based on actual performance data for the billing period.
      ((E.)) 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.
      SECTION 3.  Effective date.  This rule takes effect April 1, 2015.
      SECTION 4.  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.