20.               ABANDONED JUNK VEHICLES

Any vehicle that meet three of the following four criteria is considered to be an abandoned junk vehicle as defined by RCW 46.55.010(4)(a-d):

 

-                    is three years old or older;

-                    is extensively damaged, such damage including but not limited to any of the following;

a.      a broken window or windshield

b.     missing wheels, tires, motor or transmission

-                    is apparently inoperable;

-                    has an approximate fair market value equal only to the approximate value of the scrap in it.

 

 

20.1        INTRODUCTION

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

 

 

20.2        REGULATORY FRAMEWORK

 

20.2.1        Federal Requirements

Federal regulations do not prohibit the disposal of abandoned junk vehicles into licensed landfills. But, as with any non-hazardous solid waste, the Resource Conservation and Recovery Act (RCRA) emphasizes recycling, reclaiming and reuse whenever possible and the markets are available.

 

20.2.2        State Requirements

Chapter 46.55 RCW establishes requirements for how abandoned junk vehicles are to be removed and disposed of. Additionally, RCW 70.93.060 makes it a violation to abandon a junk vehicle upon any property located in an unincorporated area of a county. If a junk vehicle is abandoned in violation of RCW 70.93.060, RCW 46.55.230 governs the vehicle's removal, disposal, and sale, and the penalties that may be imposed against the registered owner of the abandoned junk vehicle. It is the landowner's responsibility to maintain the premises free of any abandoned junk vehicles.

 

Washington State Department of Licensing (WDL)

Under Chapter 46.55 RCW all auto recycling facilities are to be licensed by the Washington State Department of Licensing (WSDL) and inspected by the Washington State Patrol (WSP). Facilities failing to obtain or apply for an auto recycling facility license are considered to be an illegal dump site and are regulated under Chapter 173.304 WAC. Facilities failing to pass the WSP inspection may have their license revoked by the WSDL.

 

20.2.3        Local Requirements

 

Chelan-Douglas Health District

Pursuant to RCW 70.95.240, any employee of the Chelan-Douglas Health District (CDHD) may inspect and authorize the disposal of any abandoned junk vehicle. It is a class 1 civil infraction as defined in RCW 7.80.120 for a person to abandon a junk vehicle on property located in an incorporated area. If a junk vehicle is abandoned in an incorporated area, the landowner of the property upon which the junk vehicle is located is entitled to recover from the vehicle's registered owner any costs incurred in the removal of the junk vehicle. It is a gross misdemeanor for a person to abandon a junk vehicle on property located in an unincorporated area. If a junk vehicle is abandoned in an unincorporated area, the vehicle's registered owner shall also pay a cleanup restitution payment equal to twice the costs incurred in the removal of the junk vehicle.

 

Douglas County

Pursuant to RCW 70.95.240, the Douglas County Sheriff's Office may inspect and authorize the disposal of any abandoned junk vehicle. It is a class 1 civil infraction as defined in RCW 7.80.120 for a person to abandon a junk vehicle on property located in an incorporated area. If a junk vehicle is abandoned in an incorporated area, the landowner of the property upon which the junk vehicle is located is entitled to recover from the vehicle's registered owner any costs incurred in the removal of the junk vehicle. It is a gross misdemeanor for a person to abandon a junk vehicle on property located in an unincorporated area. If a junk vehicle is abandoned in an unincorporated area, the vehicle's registered owner shall also pay a cleanup restitution payment equal to twice the costs incurred in the removal of the junk vehicle.

 

Any jurisdiction, agency, private corporation, individual or other entity wishing to import abandoned junk vehicles into Douglas County must conform to the Douglas County Solid Waste Importation Ordinance (DCSWIO). As specified within the ordinance, a formal Letter of Request to the Douglas County Board of Commissioners requesting that their application for solid waste importation be reviewed is required. Only after the Douglas County Board of Commissioners has received a Letter of Request will the review and approval process begin. The Douglas County Board of Commissioners will review the information contained within the Letter of Request with county staff and others. If it is determined by the Douglas County Board of Commissioners that sufficient information has been provided, and that all known potential

adverse impacts have been identified, assessed and mitigated, the request may be approved.

 

Within Douglas County, no person shall deposit, discard or otherwise dispose of an abandoned junk vehicle

upon any public place within the county or upon a private residence or other private property not owned by

him/her, or in any waters within the county except;

 

-                    when such property is designated by the state or any of its agencies of the county for the disposal of solid waste, and such person is authorized by the appropriate permitting authority to so use such property;

-                    with the prior written consent of the landowner approving of such disposal upon their private property.

 

20.3        EXISTING CONDITIONS

Currently there are two WSDL licensed auto recycling facilities within the RPA. One is located on the Bridgeport Bar in northern Douglas County, while the other is located between the cities of East Wenatchee and Rock Island. Ray Breckenridge's facility consists of an office, recycled parts area, processing area, storage area and he offers auto towing and wrecker service. E-Z Auto has three facilities. Yard #1, the main facility, consists of an office, recycled parts area, processing area, storage area and an auto towing and wrecker service. Yard #2 consists of an office, recycled parts area, processing area and a storage area. Yard #3 consists of an office, metal (ferrous and non-ferrous) and appliance collection area, abandoned auto storage area and a metal crushing area.

 

Throughout the RPA there are a number of unlicensed and illegal auto recycling facilities. These range from small, three to five autos, backyard/shop operations to fairly large, twenty plus autos, operations. Most if not all of these facilities have the auto brought to the facility by either the registered owner or by the facility owner. Once the vehicle is on site it is stripped of all its valuable parts or cannibalized for use on another vehicle and then abandoned.

 

Additionally, junk vehicles are abandoned throughout the RPA by individuals who park them on public and private property, remove the valuable parts and then abandon them. The rural nature of the RPA provides a multitude of locations for individuals to abandon junk vehicles and most are only reported after they have been abandoned for some time by the landowner.

 

Map 20-1. Licensed Auto Recycling Facilities within the RPA

Table 20-1   Quantity of Abandoned Junk Vehicles Collected within the RPA Regardless of Source

 

Collector					1997	1998	1999
Breckenridge Towing					219	146	176
EZ Auto Towing					623	316	500
Source: Bill Tinney II

 

Abandoned Auto Compliance Program

The Douglas County Solid Waste Program Office (DCSWPO) developed and implemented an abandoned auto compliance program in 1998. This program split the RPA into two service areas, one served by Ray Breckenridge in the north and the other served by E-Z Auto in the south. Each service area was divided into three zones. These zones were established based upon the distance and difficulty of retrieving the abandoned junk vehicles within each service area. The DCSWPO contracted with the two licensed auto recyclers to retrieve the abandoned junk autos for a set price per zone. This program was only for the purpose of assisting the participating jurisdictions within the RPA to abate abandoned junk autos under corrective action. The program was not open to the general public, though, if contacted, the DCSWPO referred the general public to the two contracted auto recyclers.

 

For junk vehicles abandoned within the municipalities of the RPA, the DCSWPO would reimburse each jurisdiction a set amount per abandoned junk vehicle removed and recycled. In order to participate in the program the registered owner or property owner must provide proof of a corrective action and produce a release of title. Once the abandoned junk vehicle is removed by one of the contracted auto recyclers, the jurisdiction provides proof, normally a receipt, that the abandoned junk auto has been properly disposed of to the DCSWPO. The DCSWPO will then reimburse the jurisdiction the set amount for each abandoned junk auto. It is up to the jurisdiction to decide whether to utilize the reimbursement as an incentive to buy down the cost of compliance with the corrective action or to keep the money to off-set the cost of the program.

 

For junk vehicles abandoned within the unincorporated area of the RPA the DCSWPO reimburses the property owner who is under corrective action by the County. In order to participate in the program, the property owner must provide proof of a corrective action and produce a release of title. Once the abandoned junk vehicle is removed by one of the contracted auto recyclers, the property owner must provide proof, normally a letter, from the enforcement authority that the abandoned junk vehicle has been properly disposed of to the DCSWPO. The DCSWPO will then reimburse the County the set amount for each abandoned junk auto. It is up to the County to decide whether to utilize the reimbursement as an incentive to buy down the cost of compliance with the corrective action or to keep the money to off-set the cost of the program.

 

This program was eliminated in 2000 due to budgetary restraints.

 

Abandoned Auto Collection Program

The DCSWPO developed and implemented an annual abandoned auto collection program in 2001. Under this program, the DCSWPO, with the assistance of the Douglas County Solid Waste Advisory Committee (SWAC), identifies a specific cleanup site each year. Once the site has been chosen, a site inventory is taken to identify how many abandoned automobiles are available for collection. A collection date is then chosen, normally in June, and an Abandoned Automobile Collection Taskforce meeting is called. The Abandoned Automobile Taskforce is comprised of a representative of the sponsoring jurisdiction, the Douglas County Sheriff's Office, the Douglas County District Court Probation Office, the contracted auto crushing firm and the DCSWPO. Once the taskforce has established a program schedule, set the collection terms and identified the roles and responsibilities of each of the parties involved, contracts are drawn up and signed.

A public meeting is then held to inform the general public about the collection event and to discuss the participant requirements. Most of the abandoned automobiles traditionally are located on private property, though on rare occasion some automobiles have been abandoned on public lands. In order to participate in the collection event, the unwanted or abandoned automobiles must meet the following collection requirements:

 

-                    only standard sized automobiles and pickups will be accepted,

-                    all vehicles must have a release of title for the vehicle from the registered owner,

-                    all fluids must have been drained from the vehicle,

-                    the gasoline storage tank has been punctured,

-                    the vehicle battery has been removed,

-                    all wheels and tires have been removed from the vehicle,

-                    the vehicle must be free of garbage and junk.

 

Once the abandoned automobiles have met the collection requirements, they can be disposed of at the specific collection site, where the contracted crushing firm will crush the vehicles. No vehicle(s) will be accepted for collection without the appropriate paper work. All registered vehicle owners or property owners who do not have the appropriate paper work will have their vehicle rejected and be turned away from the collection event. All the collected vehicles will be crushed on-site by the contractor and the scrap metal turned over to the contractor for recycling.

 

 

20.4        OBJECTIVES

 

20.4.1     Ensure that Abandoned Junk Vehicles are Properly Managed

With the registered vehicle owner being responsible for the proper removal and disposal of their abandoned junk vehicles, it is very important that the registered vehicle owner properly dispose of their abandoned junk vehicle. With registered vehicle owners and landowners being specifically told how to remove and dispose of abandoned junk vehicles, it is very important that registered owners and landowners be properly educated. Failure of a registered vehicle owner to properly remove and dispose of their abandoned junk vehicle can place an economic burden upon the property landowner and pose a threat to the public safety and the environment.

 

20.4.2     Ensure that all Licensed Auto Recycling Facilities Meet All Federal, State, and Local Regulations

With state and local regulations specifying where auto recycling facilities can be located and how they must operate, it is imperative that auto recycling facilities be licensed. All non-licensed auto recycling facilities need to be identified and licensed. Failure of an auto recycling facility to properly operate and dispose of their junk vehicles can result in substantial penalties, fines and corrective actions.

 

20.4.3     Ensure that Programs Reflect Local Conditions

With the tendency of regulatory agencies to have a one-size-fits-all approach, it is imperative that all programs be locally supported and accepted. Because of the rural character of Douglas County and its cities and towns, all programs should reflect conditions that exist locally and not be driven by what the DOE deems as efficient or cost effective.

 

20.4.4        Ensure that the Public Has an Opportunity to Recycle

With restrictions placed upon how and where junk vehicles can be disposed of, it is imperative that generators have convenient and economical recycling opportunities available. Failure to provide such opportunities may lead to improper disposal and possible enforcement action against the generator.

 

20.4.5        Establish an Abandoned Junk Vehicle Diversion Goal

It is the goal of the DCCSWMP to divert ten percent of all abandoned junk vehicles within the RPA to licensed auto recycling facilities.

 

 

20.5        ALTERNATIVES

 

20.5.1        Restrict Disposal to only Licensed and Approved Auto Recycling Facilities

By restricting abandoned junk vehicle disposal to only licensed and approved auto recycling facilities, proper disposal, diversion and recycling opportunities will be available within the RPA. This will ensure that the facilities are operated in a manner that protects the public health and safety and the environment. Many non-licensed facilities are currently operational within the RPA and will need to be regulated if this alternative is recommended. As required by Chapter 46.55 RCW, all auto recycling facilities are to be licensed by the WSDL and inspected by the WSP. Facilities failing to obtain or apply for an auto recycling facility permit from the WSDL are considered to be illegal dump sites, and are regulated under Chapter 173.304 WAC.

 

20.5.2        Encourage Utilization of Existing Licensed Auto Recycling Facilities

With two licensed auto recycling facilities available within the RPA currently, the DCSWPO should promote the use of these facilities. The DCSWPO should develop and distribute posters, brochures and flyers promoting the hours of operation, location and disposal costs for the recycling facilities. Additionally, the DCSWPO should develop and conduct a public awareness program utilizing radio spots, small informational pieces in the newspaper and advertising to promote their use. The DCSWPO should also conduct informational meetings throughout the RPA illustrating the benefits and diversion potential of these recycling facilities.

 

20.5.3        Develop an Abandoned Auto Compliance Program

Under this alternative, the DCSWPO should develop and implement an abandoned auto compliance program. This program would split the RPA into geographic service areas, each served by a licensed auto recycling facility. Each service area would be divided into three zones. These zones would be established based upon the distance and difficulty of retrieving the abandoned junk vehicles within each service area. The DCSWPO would contract with the licensed auto recyclers to retrieve the abandoned junk auto for a set price per zone. This program would only be established for the purpose of assisting the participating jurisdictions within the RPA to abate abandoned junk autos under corrective action. The program would not be open to the general public.

 

For abandoned junk vehicles within the municipalities of the RPA, the DCSWPO would reimburse each jurisdiction a set amount per abandoned junk vehicle removed and recycled. In order to participate in the program, the registered owner or property owner must provide proof of a corrective action and produce a release of title. Once the abandoned junk vehicle is removed by one of the contracted auto recyclers, the jurisdiction provides proof, normally a receipt, that the abandoned junk auto has been properly disposed of to the DCSWPO. The DCSWPO will then reimburse the jurisdiction the set amount for each abandoned junk vehicle. It is up to the jurisdiction to decide whether to utilize the reimbursement as an incentive to buy down the cost of compliance with the corrective action or to keep the money to off-set the cost of the program.

For abandoned junk vehicles within the unincorporated area of the RPA, the DCSWPO would reimburse the property owner who is under corrective action by the County. In order to participate in the program, the property owner must provide proof of a corrective action and produce a release of title. Once the abandoned junk vehicle is removed by one of the contracted auto recyclers, the property owner must provide proof, normally a letter, from the enforcement authority that the abandoned junk vehicle has been properly disposed of to the DCSWPO. The DCSWPO will then reimburse the County the set amount for each abandoned junk vehicle. It is up to the County to decide whether to utilize the reimbursement as an incentive to buy down the cost of compliance with the corrective action or to keep the money to off-set the cost of the program.

 

20.5.4        Develop an Annual Abandoned Auto Collection Program

Under this alternative, Douglas County would sponsor an annual abandoned auto collection event. This collection event would allow residents of the RPA to dispose of their unwanted or abandoned junk vehicles conveniently at no or at minimal cost. In order to be able to collect the unwanted or abandoned junk autos, the following collection requirements must be met:

 

-                    only standard sized automobiles and pickups will be accepted,

-                    all vehicles must have a release of title for the vehicle from the registered owner,

-                    all fluids must have been drained from the vehicle,

-                    the gasoline storage tank has been punctured,

-                    the vehicle battery has been removed,

-                    all wheels and tires have been removed from the vehicle,

-                    the vehicle must be free of garbage and junk.

 

The DCSWPO should assist Douglas County by coordinating the collection event, obtaining collection event personnel, promoting the collection event, preparing a site specific health and safety plan, providing notification to the appropriate emergency management agencies, providing collection event and traffic control equipment and other responsibilities as needed to assure a successful and safe collection event. Under this alternative, the DCSWPO would set-up and tear-down the abandoned auto collection site. All participants wishing to dispose of their unwanted or abandoned junk vehicles would be checked in to make certain that their abandoned vehicle(s) conform to the collection specification, complete a collection event survey and then drop off their abandoned junk vehicle. All collected abandoned junk vehicles will be recycled.

 

20.5.5        Develop an Abandoned Junk Vehicle Education Program

The DCSWPO should develop an abandoned junk vehicle education program. This program would specifically provide the public with information on how to properly dispose of abandoned junk vehicles and what diversion, reuse and recycling opportunities exist within the RPA. The program could provide information on what is an abandoned junk vehicle, how it is regulated, where it can be recycled, and other similar information. The DCSWPO should develop brochures and information sheets to educate the public, landowners and regulatory authorities about how abandoned junk vehicles are to be managed properly. Existing auto recycling facilities should be promoted.

 

20.5.6        Monitor and Track Abandoned Junk Vehicles

The DCSWPO needs to monitor and track all abandoned junk vehicles to determine who is generating the abandoned junk vehicles, the volume being generated, where they originated from, where they are being disposed of, and how they are being disposed of. Without knowing these basic facts, it is impossible to properly manage the solid waste stream within the RPA. Therefore, the DCSWPO should establish a data tracking program that monitors and tracks all abandoned junk vehicles being disposed of within the RPA annually.

 

20.6        RECOMMENDATIONS

 

20.6.1        Restrict Disposal to Only Licensed Auto Recycling Facilities

 

20.6.2        Encourage Utilization of Existing Licensed Auto Recycling Facilities

 

20.6.3        Implement an Annual Abandoned Junk Vehicle Collection Event

 

20.6.4        Implement an Abandoned Junk Vehicle Education Program

 

20.6.5        Monitor and Track Abandoned Junk Vehicles