9.             SOLID WASTE COLLECTION

Means transporting solid waste for either collection and/or disposal for all potential customers in a specified area.

 

 

9.1          INTRODUCTION

This chapter of the Douglas County Comprehensive Solid Waste Management Plan (DCCSWMP) outlines the regulatory framework overseeing solid waste collection, 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.

 

 

9.2         REGULATORY FRAMEWORK

 

9.2.1       Washington Utilities and Transportation Commission (WUTC) Authority

The Washington Utilities and Transportation Commission (WUTC) supervises and regulates solid waste collection companies within the State of Washington. Commission regulation of solid waste collection companies does not include the collection or transportation of recyclable materials from a drop box or recycling buy-back center. It also does not include collection or transportation of recyclable materials by or on behalf of a commercial or industrial generator of recyclable materials to a recycler for use or reclamation (RCW 81.77.010(8)). Transportation of commercial recyclables is regulated under Chapter 81.80 RCW which governs the regulation of motor freight carriers. WUTC authority (Chapter 81.77 RCW and Chapter 480.70 WAC) is limited to private collection companies and does not extend to municipal collection operated by municipalities or their contractors. The Commission requires reports, establishes rates, and regulates service areas and safety practices.

 

A private solid waste collection company must apply to the WUTC for a certificate of public convenience. A certificate of public convenience is a necessity to operate in unincorporated areas of the county or in incorporated areas that choose not to regulate solid waste collection. The WUTC grants a certificate of public convenience, permitting activities within a designated service area, to an applicant based on cost data, documented need for the service, and, if the designated service area is already served by a franchise holder, the ability or inability of the existing franchise holder to provide service to the satisfaction of the WUTC. The Commission requires annual reports showing the solid waste collection company's gross operating revenue. Certificates may have specified terms and conditions attached and may be revoked or amended after a hearing held by the WUTC.

 

The Commission conducts most rate-structuring cases through public discussion at open meetings each Wednesday in Olympia. At these meetings, Commission staff presents their review of the certified hauler's request for a rate increase. Representatives of the certified hauler and the county are welcome to attend and comment on the findings of the Commission staff and present other information relative to the case. Hearings are scheduled for rate-structuring cases when there are unresolved issues between Commission staff and certificate haulers, or on other occasions when the Commissioners believe a case merits formal adjudicative handling. County staff may be called to testify, or they may enter as an intervening party. County governments may offer written or oral comments during the cases affecting the certificate haulers that serve unincorporated areas of the county.

 

The Notice of Inquiry (NOI) is a Commission-initiated process through which the Commission solicits opinions and empirical evidence from interested parties, including local governments, on a particular policy issue. Information collected through NOI may be used to develop Commission policy. The Commission staff generally consolidates all comments received and distributes them to interested parties. The results are often presented at an open meeting.

The Commission conducted a NOI in 1990 with regard to its Solid Waste Rate Design. This two-year process resulted in the WUTC determining that the Commission can only feasibly pursue rate structures and billing systems that recover costs directly related to providing service. The NOI also resulted in the following finding:

 

-       existing rate structure does offer incentives for customers to reduce the amount of waste they put out for disposal and to participate in recycling programs.

 

and Commission staff recommendations:

     

-       that all certified haulers add mini-can and/or bi-weekly (every-other-week) collection services to their basic array of services offered.

-       to investigate the long-term feasibility of a rate structure through which customers are charged for service based upon the number of pounds of waste in their garbage cans (commonly referred to as "garbage by the pound").

 

9.2.2      Municipal Authority

Cities and towns have several options for managing solid waste collection under state law, including:

 

-     The city or town may choose not to manage or regulate its own solid waste collection services. Collection services may then be provided by certified haulers, subject to WUTC regulation. However, the city or town may require the certified hauler(s) to obtain a solid waste collection license from the city and to conform to all city collection guidelines (unless the guidelines conflict with the laws and rules which govern the regulatory framework under which the WUTC regulates);

-     The city or town may award contracts to private companies for solid waste collection in all or part of the city;

-     The city or town may decide to manage and maintain its own municipal collection system for all or part of its jurisdiction.

 

The WUTC would not have jurisdiction over the last two options (RCW 81.77.020). State law also allows municipalities to require residents and businesses to subscribe to designated solid waste collection services (mandatory collection).

 

As new cities or towns incorporate, or as current cities or towns grow, they expand into regulated territory served by a WUTC certificate hauler. When these incorporations and annexations occur, the question of jurisdiction arises. For example, can a city/town exercise authority over the solid waste collection service and still expect the Commission to continue to set rates? To help clarify these jurisdictional issues, Senate Bill 5670 was passed by the state legislature in 1997. Under RCW 35.02.160, the WUTC shall continue to regulate solid waste collection within the limits of the incorporated city, town, or annexed territory until such time as the city, or town notifies the Commission, in writing, of its decision to contract for solid waste collection or provide solid waste collection itself pursuant to RCW 81.77.020.

 

In the event of incorporation or annexation, the city or town may decide, at any time, to contract for solid waste collection or decide to undertake solid waste collection itself. The holder of any such franchise or permit that is canceled in whole or in part by this incorporation or annexation, shall be forthwith granted, by the city or town, a franchise to continue such business within the incorporated or annexed territory for a term of not less than the remaining term of the original franchise or permit, or not less than seven years, whichever is the shorter period.

 

Additionally, the city or town, by franchise, permit, or public operation, shall not extend similar or competing services to the incorporated or annexed territory, except upon a proper showing of the inability or refusal of such person, firm, or corporation to adequately service the incorporated or annexed territory at a reasonable price.

As specified in WAC 480-70-141, if the Commission currently regulates a solid waste collection company within a city or town, city or town supervision of that solid waste collection company begins when the city or town grants a contract or franchise to the certified company for exclusive solid waste collection service and notifies the Commission about the contract or franchise. Both the notification and the contract must have occurred before the Commission will cancel the certificate of the associated company.

 

RCW 35.02.160 does not preclude the purchase, at an agreed or negotiated price, by the city, or town of the franchise, business, or facilities impacted in whole or in part by the incorporation or annexation. The city or town may acquire the same by condemnation upon payment of damages, including a reasonable amount for the loss of the franchise or permit.

 

In the event that any person, firm, or corporation whose franchise or permit has been cancelled in whole or in part by the incorporation or annexation and has suffered any measurable damages as a result, such person, firm, or corporation has a right of action against any city or town causing such damage.

 

9.2.3     County Authority

Chapter 81.77 RCW and Chapter 480.70 WAC, gives the WUTC the authority to regulate all solid waste collection and establishes rates within the unincorporated areas of the state. As outlined in section 9.2.1 above, service to the unincorporated areas of Douglas County is provided through the issuance of certificates of convenience. Currently, there are three certificates of convenience issued by the WUTC for Douglas County.

 

RCW 81.77.130 allows counties to contract for the collection or transportation of source separated recyclable materials from residences within the unincorporated areas of the county. These contracted services do not have to be held by the same WUTC certified haulers within their franchised area(s). Solid waste collection companies wishing to secure a contract for the collection of recyclable materials from county residences must comply with RCW 81.77.180. WAC 480.40.411 states that when a city contracts for service, they must notify the Commission, and the Commission will then cancel the existing certificate authority. Also as specified within RCW 81.77.180, a solid waste collection company wishing to secure a contract with Douglas County must utilize one or more private recycling businesses when arranging for the processing and marketing of such materials, and then only if the following conditions are met:

 

-      a recycling business is located within the county at the time the collection program commences or at any time that the solid waste collection company changes its existing processor;

-      a local private recycling business is capable and competent to provide the processing and marketing services; and

-      a local private recycling business offers to pay prices for the recyclable materials which is equal to or greater than the price offered by out-of-county private recyclers, or proposes a change for the processing and marketing service which is equal to or less than the charge for the service available from an out-of-county private recycler.

 

Chapter 36.58 RCW allows counties to establish a Solid Waste Collection District (SWCD) for the mandatory collection of solid waste within the unincorporated areas of the county. Chapter 36.58A RCW gives specific rights to Douglas County to control the waste stream in unincorporated areas as outlined in Chapter 36.58 RCW. Under RCW 36.58.040, "the legislative authority of a county may by ordinance provide for the establishment of a system or systems of solid waste handling for all unincorporated areas of the county or for portions thereof. A county may designate a disposal site or sites for all solid waste collected in the unincorporated areas pursuant to the provisions of a comprehensive solid waste management plan adopted pursuant to Chapter 70.95 RCW".

 

SWCDs cannot include incorporated areas without the consent of the legislative authority of the city or town. To form a SWCD, public hearings must be held and the county legislative authority must determine that mandatory collection is in the public's best interest. County provision of collection services can be implemented only if the WUTC notifies the county that no certificate haulers are available for the SWCD. Under mandatory collection, a certificate hauler may request that the county collect fees from delinquent customers.

Although county authority to collect solid waste within the unincorporated areas is limited, counties have the legal authority under RCW 36.58.045 to assess fees on the collection services provided in those areas. RCW 36.58.045 has allowed Douglas County, since 1992, to assess each certificate hauler within the unincorporated areas of Douglas County a fee to help fund the administration and planning expenses associated with solid waste management.

9.2.4           Authority Over Source Separated Recyclable Materials

RCW 70.95.092 directs counties and cities to define minimum levels of service within the waste reduction and recycling elements of each local comprehensive solid waste management plan. In determining the level of recycling service to be provided, the participating jurisdictions must develop clear criteria for designating areas as urban and rural.

 

Chapter 35.21 RCW gives municipalities the authority to provide or contract for recycling services within their boundaries. Additionally, they have the authority to manage, regulate, and fix the price of these services. Under RCW 70.95.090(7)(i), programs for the collection of source separated recyclable materials are broken into urban and rural designations. Municipalities designated as urban are required to provide curbside collection of recyclables (or an equivalent program). Municipalities designated as rural may choose to meet minimum service level requirements either independently or in cooperation with the county.

 

As mentioned above, RCW 81.77.130 allows counties to contract for the collection of source-separated recyclable materials from residences within unincorporated areas. Under this provision, counties can, with some limitations, contract for the collection or transportation of source separated recyclable materials from residences within the unincorporated areas of the county. However, this does not mean that counties are authorized to operate their own solid waste collection systems.

 

9.3               EXISTING CONDITIONS

 

9.3.1       Collection Services for Municipalities

As stated in 9.2.2, each municipality has the right to regulate its own solid waste collection services. Currently there are no participating jurisdictions within the RPA that provide their own solid waste collection. The cities of East Wenatchee and Rock Island directly contract with Waste Management of Greater Wenatchee (WMGW) for their collection services, while the City of Bridegport contracts with Zippy Disposal, and the towns of Mansfield and Waterville directly contract with Consolidated Disposal Services Inc. (CDS). All of the municipal jurisdictions have mandatory collection.

 

Solid waste collection rates are set by the municipalities through their contracts with each provider. Current solid waste collection rates for municipalities within the RPA vary little. The general single unit residential cost of monthly collection, picked-up weekly, for a 96-gallon polycart is approximately $13.50. This collection rate includes the polycart container rental fee.

 

9.3.1.1         Waste Collection within the City of Bridgeport

In 2001, the City of Bridgeport entered into a ten year contract with Zippy Disposal to collect, remove and dispose of all municipal and commercial solid waste from within the incorporated areas of the city. Zippy Disposal has agreed to collect, remove and dispose of all solid waste from all city buildings, street containers, parks and other city owned and occupied buildings used exclusively for governmental purposes without charge. Zippy Disposal further agrees to collect, remove and dispose of all solid waste collected during agreed upon special events sponsored by the city at no charge. Zippy Disposal will not accept household hazardous waste, whitegoods, waste tires, construction and demolition waste, inert waste, roofing materials or commercial waste during these special events. Zippy Disposal has agreed to assist the city with any innovations or changes that could be accomplished with respect to improving the provision of service to the city and its residents. Under this contract, municipal and commercial solid waste collection is mandatory within the incorporated areas of the city and shall be performed exclusively by Zippy Disposal. Zippy Disposal is solely responsible for the collection and removal of all municipal and commercial solid waste from within the incorporated areas of the city and for the billing and collection for such service. Each single unit residential customer subscribes to an appropriately sized Zippy Disposal container, which is scheduled to be picked up weekly. Residential services provided to disabled, low income and/or senior citizens are discounted. Multiple family residential customers or non-residential commercial or industrial customers subscribe to an appropriately sized Zippy Disposal container, which is scheduled to be picked up weekly. Zippy Disposal is required to submit an annual report to the city by January 31^st of each year showing yearly totals on the following information:

 

-              yardage of municipal solid waste collected;*

-              yardage of designated recyclables diverted;

-              yardage of organic waste collected;

-              yardage of municipal solid waste disposed of;

-              number of single units residential customers served;

-              number of disabled and low income senior citizen customers served;

-              number of multiple family, non-residential commercial and industrial customers served;

-              number of complaints received;

-              statement of billing.

 

*       shall identify separately the amount collected from each category of residential and commercial customer

 

The City of Bridgeport currently levies a $0.25 per account administrative charge upon Zippy Disposal

 

Table 9-1 Monthly Collection Rates for Bridgeport

 

Service	Rate
Can Service
Residences - 2 Can Limit	$12.59
Residences - Extra Can