11.               WASTE IMPORT/EXPORT

Importation means the movement of solid waste into the Regional Planning Area (RPA) from any non-participating jurisdiction, entity or individual, while exportation means the movement of solid waste from within the RPA to any non-participating jurisdiction, entity or individual.

 

 

11.1            INTRODUCTION

This chapter of the Douglas County Comprehensive Solid Waste Management Plan (DCCSWMP) outlines the regulatory framework overseeing the importation and exportation of solid wastes, discusses the existing conditions and programs within the RPA, establishes objectives to meet the existing and projected needs, identifies alternatives, and recommends actions for achieving the established objectives.

 

 

11.2            REGULATORY FRAMEWORK

 

11.2.1     Federal Requirements

In 1992 the U.S Supreme Court ruled that local governments cannot prevent privately owned and operated landfills from accepting non-local wastes (Ft. Gratiot Sanitary Landfill, Inc. v. Michigan Department of Natural Resources). And in 1994 the court ruled that flow control of waste is unconstitutional as it inhibited interstate commerce (C&A Carbone v. Town of Clarkstown, N.Y.)

 

In late 1992, Congress directed the Environmental Protection Agency (EPA) to review flow control as it pertains to municipal solid waste management. Specifically, Congress directed the EPA to:

 

-                    review and compare states with and without flow control authority

-                    identify the impacts of flow control on human health and the environment

-                    describe the impacts of flow control on the development of state and local waste management capacity, and on the achievement of state and local goals set for source reduction, reuse, and recycling

 

In 1995 the EPA submitted its Report to Congress on Flow Control and Municipal Solid Waste. This report indicates that flow controls are an administratively efficient tool for local governments to plan and fund solid waste management systems. However, protection of human health and the environment is directly related to the implementation and enforcement of federal, state and local environmental regulations rather than to the existence of flow control measures. Data also indicated that flow control is not essential for developing a municipal solid waste management capacity, or for achieving recycling goals. The EPA examined flow control nation-wide, finding that thirty-five states, the District of Columbia, and the Virgin Islands authorize flow control directly. Four additional states authorize flow control through mechanisms such as solid waste management plans and home rule authority. Eleven states have no flow control authority.

 

11.2.2     State Requirements

In the State of Washington, the Department of Ecology (DOE) takes primary responsibility for the regulation and oversight of imported solid waste into the state. As specified within RCW 70.95.218(3), the DOE may prohibit in-state disposal of solid waste generated from outside of the state, unless the generators of the waste meet:

 

-                    waste reduction and recycling requirements substantially equivalent to those applicable in Washington state

-                    solid waste handling standards substantially equivalent to those applicable in Washington state

 

11.2.3     Local Requirements

 

Douglas County

Within Douglas County the importation of any solid waste, not just municipal solid waste (MSW), must comply with the Douglas County Solid Waste Importation Ordinance (DCSWIO). It is the purpose of the ordinance to identify, assess and mitigate any known adverse impacts to Douglas County's infrastructure, environment, economy, public health and safety, and land use caused by any jurisdiction, agency, private corporation, individual or other entity requesting to import solid waste into the Douglas County. The ordinance is also are used to verify that any importing jurisdiction, agency, private corporation, individual or other entity meet the substantial equivalence requirements placed upon Douglas County's citizens, agencies and businesses as a result of implementation of the adopted DCCSWMP. It is not the intent of the ordinance to forbid importation of solid waste into Douglas County, but rather to implement a process by which the potential impacts of that importation can be identified, assessed and mitigated, if necessary, prior to importation.

 

The following impacts have been identified by the Douglas County Board of Commissioners to constitute potential adverse impacts upon Douglas County caused by the importation of solid waste:

 

-                    Impact #1        infrastructure (i.e. roads, approaches, shoulders, bridges, etc.);

Impact #2        environment (i.e., groundwater, soil contamination, air quality, etc.);

-                    Impact #3        economic (i.e. agriculture, recreation, tourism, etc.);

-                    Impact #4        public health and safety (i.e. toxicity vector attraction, nuisance, etc);

-                    Impact #5        land use (i.e. shorelines, wetlands, well head protection, etc.)

-                    Impact #6        substantial equivalence (i.e. solid and moderate risk waste programs, etc.).

 

The exportation of solid waste out of the RPA would require compliance with other jurisdictions' solid waste rules, regulations and standards. Export to either of the Oregon landfills would require compliance with Oregon State waste laws, such as the Opportunity to Recycle Act and any locally adopted rules, regulations and standards. Export to existing Washington landfills would have to comply with local jurisdictional rules, regulations and standards. Additionally, any future changes in waste laws in the out-of-county exportation jurisdictions would impact the RPA's ability to export its solid waste.

 

 

11.3            EXISTING CONDITIONS

 

11.3.1        Waste Importation Activities

The largest importer of municipal solid waste (MSW) into the RPA is Chelan County. All MSW collected within the unincorporated areas of Chelan County, and from the incorporated cities of Cashmere, Chelan, Leavenworth and Wenatchee, are imported into the RPA. All MSW collected within Chelan County is either transported to the two Chelan County owned and operated transfer stations, or to the South Wenatchee transfer station owned and operated by Waste Management of Greater Wenatchee, prior to disposal. Once the MSW is collected at these facilities, it is transported by a private contracted hauler to the Greater Wenatchee Regional Landfill and Recycling Facility (GWRLF) for disposal. In 1998, Chelan County and its incorporated cities disposed of 179,708 cubic yards of solid waste at the GWRLF. Of this total; 176,160 cubic yards was MSW, 1,350 cubic yards was asbestos, 1,030 cubic yards was Petroleum Contaminated Soils (PCS), 891 cubic yards was sewage sludge and 277 cubic yards were tires. Douglas County places no restriction upon the importation of solid waste from Chelan County and has not entered into an interlocal agreement.

 

The next largest importer of MSW into the RPA is Kittitas County. All MSW collected at the Kitittas County transfer stations, located in Ellensburg and Cle Elum, are transported by private contract hauler to the GWRLF for disposal. In 1998, Kittitas County disposed of 86,900 cubic yards of solid waste at the GWRLF. Of this total; 86,400 cubic yards was MSW, 400 cubic yards was PCS and 100 cubic yard was asbestos. In order for Kittitas County to comply with the DCSWIO, an agricultural pest protocol was developed to mitigate any potential economic impact caused by the introduction of a foreign agricultural pest. An agricultural pest taskforce oversees the agricultural pest protocol. This standing taskforce will advise the CDHD to immediately reconsider the issue of transporting solid waste from Kittitas County to the GWRLF if there is agreement among a majority of the taskforce members that:

 

-                                         an agricultural pest that does not, at the time, exist in Douglas or Chelan Counties has been found in Kittitas County

-                                         this pest constitutes a significant risk of economic loss to commercial fruit producers in Douglas and Chelan Counties and their adjoining tree fruit production regions

-                                         the transport, compaction and disposal of solid wastes from Kittitas County into Douglas and Chelan Counties present a significant risk of the spread of this pest

-                                         the process of appropriate, reasonable procedures agreed upon by the taskforce as necessary to adequately reduce the risk of introduction of that specific agricultural pest, by solid waste, into Douglas and Chelan Counties has not been carried out by Kittitas County, its private contracted hauler and Waste Management of Greater Wenatchee (WMGW), as requested, and in the allocated time.

 

Upon the request of the agricultural pest taskforce, the CDHD has placed within the full permit of the GWRL a condition to conduct an annual pest trapping program. A third party firm, acceptable to the agricultural pest taskforce, is hired to establish a trapping program at the Kittitas County transfer stations and at the GWRL. Results of this trapping program are given to the agricultural pest taskforce for review and acceptance. The agricultural pest taskforce annually advises the CDHD as to the potential or real threat of an introduction of a foreign agricultural pest into Douglas and Chelan Counties.

 

Douglas County has not entered into an interlocal agreement with Kittitas County.

 

The next minor importer of MSW into the RPA is Grant County. All solid waste collected by Waste Management of Kittitas County from the unincorporated areas of Crescent Bar is transported and disposed of at the GWRLF. In 1998, the solid waste collected from the unincorporated areas of Crescent Bar and transported to the GWRLF for disposal was 2,318 cubic yards. Of this total; 2,124 cubic yards was MSW, 184 cubic yards was asbestos and 10 cubic yards was PCS. Douglas County places no restriction upon the importation of solid waste from the unincorporated areas of Crescent Bar.

 

Douglas County has entered into an interlocal agreement with Grant County.

 

In August 1992, Douglas and Okanogan Counties entered into an interlocal agreement (C.E. 92-178) allowing Okanogan County to export solid waste from southern Okanogan County to the Bridgeport Bar Transfer Station in northern Douglas County and to allow the solid waste collected at the Bridgeport Bar Transfer Station to be transported to the Okanogan County Landfill.

Figure 11-1 Origin of MSW Collected in 1999

 

Source: Bill Tinney II

 

11.3.2        Waste Exportation Activities

Currently, all solid waste collected by either the City of East Wenatchee contracted hauler, Washington State Utilities and Transportation Commission (WUTC) franchised hauler or self haulers within the Greater East Wenatchee Area are exported to the South Wenatchee Transfer Station, located in Chelan County. This transfer station is owned and operated by WMGW. WMGW does not allow direct disposal of MSW at the GWRLF. However, WMGW does allow commercial, industrial, construction, demolition and land clearing debris (CDL) and certain inert wastes to be directly disposed of at the GWRLF. Once the MSW is collected at the transfer station, it is loaded into large covered trucks for transport back into the RPA and disposal at the GWRLF.

 

All solid waste collected by the WUTC franchised hauler within the Greater Bridgeport Bar Area are exported to the Chelan Transfer Station, located in Chelan County. All the solid waste collected by the contracted waste hauler for the City of Bridgeport are exported to the Chelan Transfer Station. This transfer station is owned by Chelan County and operated under contract by a private company. Once the Greater Bridgeport Bar Area and the City of Bridgeport solid waste has been dropped off at the Chelan Transfer Station, it is loaded into large covered trucks for transport back into the RPA and disposal at the GWRLF. All solid waste from self-haulers from the Greater Bridgeport Bar Area is collected at the Bridgeport Bar Transfer Station, owned and operated by Okanogan County. In August 1992, Douglas and Okanogan Counties entered into an interlocal agreement (C.E. 92-178) allowing Okanogan County to export the solid waste collected at the Bridgeport Bar Transfer Station to the Okanogan County Landfill.

 

All solid waste collected by either the Town of Coulee Dam contracted waste hauler, WUTC franchised hauler or self haulers within the Greater Coulee Dam Area are exported to the Delano Landfill, located in Grant County. This landfill is owned by Grant County and operated under contract by the Regional Board of Mayors, ie. Coulee Dam, Grand Coulee, Electric City and Elmer City. In August 1992, Douglas and Grant Counties entered into an interlocal agreement allowing Douglas County to export the solid waste collected within the Town of Coulee Dam and the surrounding Greater Coulee Dam Area to the Delano Landfill. Due largely to this arrangement, the Town of Coulee Dam is under the jurisdiction of Grant County for solid waste planning purposes.

Table 11-1              Waste Import/Export Activities in the RPA in 1999

 

Activity	From	To
Import	Chelan County (waste from the North Chelan, Dryden and South Wenatchee Transfer Stations)	Greater Wenatchee Regional Landfill
	Grant County (Greater Crescent Bar Area)	Greater Wenatchee Regional Landfill
Export	Greater Bridgeport Bar Area (Douglas County)	North Chelan Transfer Station
	City of Bridgeport Town of Coulee Dam Greater East Wenatchee Area (Douglas County) City of East Wenatchee	North Chelan Transfer Station Delano Landfill (Grant County) South Wenatchee Transfer Station South Wenatchee Transfer Station

 

For solid waste planning purposes the Town of Coulee Dam is under the jurisdiction of Grant County.

 

 

11.4                            OBJECTIVES

 

11.4.1                     Ensure that Long Term Waste Disposal is Available to the RPA

As a result of the inability to freely regulate the flow of solid waste into a privately owned and operated landfill, the participating jurisdictions will have to seriously consider alternatives that will either legally restrict the volume of solid wastes being imported into the RPA or provide protection to the participating jurisdictions for the solid waste being exported out of the RPA.

 

11.4.2                     Ensure that the RPA Waste Stream Characteristics are not Changed by the Importation of Solid Waste

Upon the implementation of the DCCSWMP, a burden has been placed upon the citizens, businesses, industries, public agencies and the participating jurisdictions of the RPA. This burden is brought about by the creation of an integrated solid waste management system that is designed to promote pollution protection, reduce the amount of waste being generated, divert wastes that have value, re-process wastes into beneficial uses, reuse wastes that can be recycled and protect our environment. With the implementation of programs to achieve these results, the characteristics of the RPA waste stream has been altered. Therefore, prior to the importation of solid waste from outside the RPA an assurance of substantial equivalence is required. This requirement may prohibit the disposal of solid waste generated from outside of the RPA, unless the generators of the solid waste meet:

 

-                    waste reduction and recycling requirements substantially equivalent to those applicable in the RPA

-                    solid waste handling standards substantially equivalent to those applicable in the RPA

Map 11-1. Waste Disposal Options outside the RPA