HomeMy WebLinkAbout2718ORDINANCE NO.
AN ORDINANCE of the City of Kent,
Washington, to provide funding for
environmental review and community impact
mitigation arising out of the the cleanup of
solid waste and hazardous waste disposal sites
and siting of solid waste energy resource and
recovery or incineration facilities in the City
of Kent, amending Kent City Code Chapter 3.14
and adding Chapter 4.19. �'-
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WHEREAS, two polluting solid waste landfills and one
hazardous waste site are located in the City of Kent, all of which
are the subject of remedial cleanup actions required by the
federal government or State Department of Ecology; and
WHEREAS, approximately fifteen (15) sites within the City
of Kent have been identified by the State Department of Ecology as
hazardous waste sites that may be subject to later enforcement and
cleanup action by federal, state, and local governments; and
WHEREAS, the City is being studied as an area to site a
solid waste energy resource and recovery or incineration facility
for disposal of solid waste; and
WHEREAS, the scope and duration of cleanup actions
related to such sites and facilities present unique and
extraordinary financial, environmental, socio-economic, utility
service and planning impacts upon the community unlike routine
economic development activities that cannot be adequately
anticipated or managed by the City. In many instances, the City
becomes aware of a required cleanup or siting of a disposal
facility only upon initiation of enforcement action by federal,
state, or local governments or upon receipt of applications for
City permits; and
WHEREAS, the siting of any new solid waste disposal
landfill or any solid waste energy resource recovery or
incineration facility, and any required or government oraered
cleanup of hazardous waste sites will require City licenses and
permits including, but not limited to, special use combining
district permit, drainage permit, street use permit, grade and
fill permit, and temporary use permit; and
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WHEREAS, such applications for permits will necessitate
environmental review of complex and technical issues and
,assessment of impacts upon the City of Kent affecting the health,
safety and welfare of its citizens; and
WHEREAS, it is necessary that the City establish a system
of initial and annual permit review to provide for independent
monitoring, to recover costs associated with environmental review
and permit processing, to institute planning related to government
required and other cleanup of any solid waste disposal or
hazardous waste site, and to assess community impacts from the
siting of a new solid waste disposal site or solid waste energy
resource recovery or incineration facility; and
WHEREAS, cleanup and siting of any disposal facility will
require the City's participation at an intergovernmental level
including, but not limited to, the Environmental Protection
Agency, Washington State Department of Ecology, Washington State
Department of Labor and Industries, Seattle -King County Health
Department, King County, neighboring jurisdictions, Puget Sound
Air Pollution Control Agency, and the Municipality of Metropolitan
Seattle (METRO); and
WHEREAS, a Consent Decree has been lodged in the United
States District Court for the Western District of Washington and
provides for remedial cleanup work at the Western Processing site
in a Scope of Work Appendix relating to the design, construction
sequence, scheduling, maintenance, operation and monitoring of
facilities and remedial actions, including provisions for
addressing community -related impacts to the City of Kent; and
WHEREAS, the Responsible Governments and Consenting
Defendants have agreed that the cleanup work is consistent with
the National Contingency Plan and that amounts estimated at 46
million dollars are to be paid by the Consenting Defendants to
perform said work reflect the magnitude of the needed
environmental response, cleanup actions, and impacts upon the City
of Kent; and
WHEREAS, cleanup required under the Consent Decree will
include intensive on and off site soil sampling and analysis to
define locations and levels of hazardous waste contamination, the
excavation of any buried containers and removal of highly
contaminated soils and wastes for offsite disposal, the design and
placement of a permanent cap or cover system on the affected
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property, testing and excavation of off -property soils found to be
contaminated, construction and operation of ground water
extraction and treatment system to reduce contamination in shallow
and regional aquafers, including discharge of contaminants into
Mill Creek, the potential release of airborne contaminants during
all phases of cleanup activities, excavation of contaminated Mill
Creek sediments, and intensive ground water and surface water
monitoring; and
WHEREAS, the cleanup at the Western Processing site will
continue over a minimum thirty-year (30) period, and is expected
to cause direct and secondary impacts to the City of Kent on a
long-term basis requiring ongoing and independent environmental
monitoring and environmental/engineering expertise by the City; and
WHEREAS, the City of Kent has been identified as an
affected jurisdiction in the Consent Decree providing that the use
of ground water beneath property may be restricted and anyone
seeking to use such ground water must comply with present and
future restrictions required by the City of Kent; and
WHEREAS, the City Council has conducted a public hearing
on the status of the Western Processing site cleanup, including
providing comments to the lodged Consent Decree following notice
published in the Federal Register on October 28, 1986; and
WHEREAS, the cleanup actions contemplated at the Western
Processing site will cause direct and secondary impacts to Kent's
land -use planning and development, groundwater and surface water
protection, transportation planning, utility services, and
emergency response services; and
WHEREAS, as an affected jurisdiction providing for the
health, welfare, and safety of its citizens, the City of Kent must
adequately fund and recover costs related to the assessment and
mitigation of impacts from the cleanup and siting of such
facilities; and
WHEREAS, it is the intent of the City that such system of
fees for environmental review and assessment of community impacts
not conflict with but complement regulatory requirements of the
State's Hazardous Waste Management Act and State's Hazardous Waste
Fee Act.
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NOW THEREFORE, THE CI'T'Y COUNCIL OF THE CI`T'Y OF KENT,
WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The Council finds that approximately fifteen
(15) specific sites in the City have been designated as hazardous
waste repositories by the Washington State Department of Ecology
that may require future environmental cleanup or monitoring by
federal, state, and local governments. Two polluting solid waste
landfills and the Western Processing Site are located in the City
of Kent and will require extended and thorough environmental
monitoring and planning by the City. Both the landfills and the
Western Processing Site are in various stages of remedial cleanup
required by the Washington State Department of Ecology.
Section 2. The Council finds that certain areas of the
City of Kent and Green River Valley are now being examined for
siting of a solid waste energy resource recovery or incineration
facility by King County. The Council incorporates as findings all
facts contained in King County's Energy/Resource Recovery Project
and Solid Waste Management Plan relating to the examination of
siting of a facility within or outside the City of Kent. The
Council further finds that any such facility and siting process
will cause direct and secondary impacts to the City of Kent and
require City permits to site and operate such a facility.
Section 3. The Council finds that the scope and duration
of any required or government ordered cleanup activities at solid
waste and hazardous waste sites in the City of Kent including the
siting of any solid waste energy resource recovery or incineration
facility, will provide direct and secondary impacts upon public
facilities and streets, utility and emergency response services,
and socio-economic impacts related to municipal finance, land -use
planning, transportation planning, drainage and water quality
plans in its drainage basins and ground waters; and
Section 4. The Council finds that in order to adequately
assess and recover administrative costs of processing permit
applications, reviewing cleanup plans and performing environmental
review under RCW 43.21C, a single, comprehensive permit will be
required through an annual permit fee system. The Council further
finds that adequate annual permit fees will be required from
owners of the site or disposal facility. The Council finds that
reasonable and adequate fees, as established herein, are needed to
recover costs of providing environmental review and assessment of
community related
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impacts, processing of applications for City permits and
recovering extraordinary costs for use of City property,
interdepartmental services, consultant and legal fees, equipment
and supplies.
Section 5. The Council finds that a single permit for
remedial cleanup and siting activities will expedite environmental
cleanup and siting review. The Council further finds that a
system of annual permit review will facilitate monitoring of any
new disposal facilities and assist federal, state and local
coordination of complex cleanups and facility siting.
Section 6. The records and files as contained in the
case of the United States of America and the State of Washington,
et al. v. The Western Processing Company, Inc., et al., U.S.
District Court for the Western District of Washington Cause No.
C-83-252M, and the Community Relations Plan for the Western
Processing site under Environmental Protection Agency Contract
68-01-7251, are hereby incorporated by reference and the findings
are concurred with for purposes of this Ordinance. All minutes
and records of the Public Works Committee of the City of Kent and
Council workshops concerning the City's participation in
maintaining an independent environmental monitoring and
engineering/planning capability to determine and deal with costs
of environmental review, providing necessary permits, and dealing
with community-related impacts upon municipal utility services,
land-use, transportation, emergency services, and legal services
are hereby ratified. The Council ratifies the City's November
1986 comments to the lodged Consent Decree in the Western
Processing case.
Section 7. The Council finds that the City needs an
independent monitoring and assessment capability with
environmental and engineering expertise to better determine the
impact of cleanup activities and siting of new solid waste
disposal sites and solid waste energy resource recovery or
incineration facility in the City of Kent.
Section 8. The Council further finds that the fee
requirement does not constitute regulation of the location,
construction, or operation of hazardous waste facilities or sites
but relates solely to the independent environmental review and
monitoring of cleanup activities at solid waste and hazardous
waste site, and the siting of any solid waste disposal landfills
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and solid waste energy resource and recovery or incineration
facilities.
Section 9. Kent City Code Chapter 3.14 is amended to add
new sections which read as follows:
3.14.1070. ENVIRONMENTAL REVIEW AND COMMUNITY IMPACT
MITIGATION FUND. An Environmental Review and Community Impact
Mitigation Fund is established for the receipt of all permit fees
received for environmental review and mitigation of impacts
resulting from cleanup of designated solid waste and hazardous
waste sites by federal, state or local governments, and the siting
of a solid waste energy resource and recovery or incineration
facility in the City of Kent. Such expenses shall be recovered as
provided under K.C.C. Chapter 4.19.
3.14.1071. PURPOSE. The purpose of the Environmental
Review and Community Impact Mitigation Fund is to establish an
orderly method of providing for adequate funding of administrative
costs resulting from a required or ordered government cleanup of
solid waste or hazardous waste sites or siting of solid waste
energy resource and recovery or incineration facilities in the
City of Kent. Permit fees are intended to assist affected
departments, to support adequate environmental review,
intergovernmental coordination, long-term planning, processing of
permit applications, environmental monitoring capability,
inspection and review of plans resulting from the cleanuj2 of sites
and facilities, and the hiring of expert consultants.
3.14.1072. DISBURSEMENTS. Monies shall be dispersed
from the Fund for expenses relating to departmental services,
consultant fees, legal fees, equipment and supplies related to the
annual environmental review and assessment of community impacts
3.14.1073. ADMINISTRATION. The Fund shall be
administered by the Public Works Department in consultation with
the Planning Department and Law Department. The Public Works
Department shall be responsible for keeping and maintaining all
proper books, accounts, disbursements, and records of transactions
involving the Fund.
3.14.1074. INTEREST. Accumulated interest shall accrue
solely for the benefit of the Fund.
3.14.1075. DISSOLUTION OF FUND. In the event that the
Environmental Review and Community Impact Mitigation Fund shall at
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any time be dissolved, all unused funds and assets shall revert
back to the current expense fund of City of Kent
Section 10. Title IV of the Kent City Code is amended to
'provide for a new Chapter 4.19 as follows:
CHAPTER 4.19
ENVIRONMENTAL REVIEW AND COMMUNITY IMPACT MITIGATION PERMIT
4.19.010. PURPOSE OF CHAPTER. The purpose of this
chapter is to establish a single permit process and annual system
of fees for the siting of solid waste disposal sites and solid
waste energy resource recovery or incineration facilities, and
required or government ordered cleanup of solid waste or hazardous
waste sites in the City of Kent.
4.19.020. DEFINITIONS. For purposes of this Chapter,
the following definitions apply. These definitions exclude any
permit fee, siting, or regulatory requirement for preempted
hazardous waste facilities under RCW Chapter 70.105 and RCW
Chapter 70.105A.
A. "Applicant" or "application" means a written
request submitted under K.C.C. 4.19.040 by the owner of real
property upon which a remedial cleanup is to occur or property
upon which a solid waste energy resource and recovery or
incineration facility is sought to be located
B. "Cleanup" or "remedial cleanup" includes all
onsite and offsite remedial actions at solid waste or hazardous
waste sites undertaken by any person to protect the health,
safety, and welfare of citizens of the City of Kent This term
excludes routine servicing, shutdown, or maintenance of solid
waste or hazardous waste sites, and any solid waste energy
resource and recovery or incineration facility.
C. "Garbage" means all accumulations of refuse,
swill, and other waste matter discarded as of no further value to
the owner as defined in Kent City Code Section 7.08.010.
1. "Refuse" means waste matter discarded as of
not further value, including ashes, cinders, clinkers, lawn
cuttings, grass and leaves, broken household furnishings and
equipment, discarded hot water tanks, bottles, barrels, cartons,
shrubs, small trees, small tree limbs, paper and scraps of wooden
crates and boxes; but shall exclude large trees, earth, sand,
gravel, rock, broken concrete, plaster, brick and other building
materials, automobile bodies, large auto parts, building waste,
fire refuse and waste.
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2. "Swill" means all accumulation of animal
fruit, or vegetable matter, liquid or otherwise, that attends the
preparation, use, dealing in or storing of meat, fish, fowl, fruit
and vegetables.
3. The term "garbage" excludes manure, sewage
and sewage sludge, dead animals over fifteen (15) pounds, and
cleaning from public and private catch basins, wash racks or sumps
D. "Hazardous waste" means and includes all
dangerous and extremely hazardous wastes as defined by RCW
70.105.010 and 70.105A.020 and as implemented in the Washington
Administrative Code.
E. "Moderate risk waste" is defined to mean an
waste which exhibits any of the properties of hazardous waste but
is exempt from regulation under RCW Chapters 70.105 and 70.105A
solely because it is generated in quantities below the threshold
for regulation by the State of Washington.
F. "Person" means individual, firm, association,
partnership, political subdivision, government agency,
municipality, industry, public or private corporation, or any
other entity whatsoever.
G. "Site" or "disposal site or facility" means a
landfill or disposal facility or part of a facility at which solid
waste is placed in or on land and which may or may not be a land
treatment facility. This term incluaes the location of a solid
waste energy resource and recovery or incineration facility where
treatment, utilization, processing, or disposal of solid wastes or
hazardous wastes occurs.
H. "Solid waste" shall be defined by RCW 70 95 030
and shall include "garbage" and "moderate risk waste" defined
above.
I. "Solid waste disposal" means the management,
storage, collection, transportation, treatment, utilization,
processing and final disposal of solid wastes including the
recovering and recycling of materials from solid wastes, the
recovery of energy resources from such wastes or the conversion of
the energy in such wastes through incineration or other methods to
more useful forms or combinations thereof.
J. "Solid waste energy resource recovery or
incineration facility" means reducing the volume of wastes by use
of an enclosed devise using controlled flame combustion for solid
waste disposal.
4.19.030. PERMIT REQUIRED. No person shall undertake
any remedial cleanup of a solid waste or hazardous waste site or
undertake siting or construction of a solid waste energy resource
and recovery or incineration facility without first being issued a
permit from the Public Works Department under this Chapter. Such
permit incorporates for purposes of this Chapter all other permit
and fee requirements, except compliance with the State
Environmental Policy Act, RCW Chapter 43.21C, the City of Kent's
Environmental Policy Requirements as contained in Kent City Code
Chapter 12.12A and K.C.C. Chapter 4.14 relating to public
improvements.
4.19.040. APPLICATION. To obtain a permit under this
Chapter, an applicant shall file an application on a form
furnished by the Public works Department. The application shall
identify the following:
work.
A. General description of the nature and scope of
B. The property by a full, accurate and complete
legal description and address for which the environmental cleanup
and community impact mitigation permit is being sought;
C. All known or anticipated transportation routes to'
be utilized to and from the property.
D. The applicant's name. The term "applicant" is
defined for purposes of this Chapter to mean the owner of real
property upon which a remedial cleanup is to occur or property
upon which a solid waste energy resource and recovery or
incineration facility is sought to be located.
E. The contractor(s) and subcontractor(s)
responsible for the remedial cleanup or siting or construction of
the site or facility.
F. A Washington State Contractor's number, including
related State Subcontractor number(s).
G. The City of Kent business license number of such
contractor or subcontractor(s).
H. A certified copy of any final Court Order,
Administrative Order, or other governmental directive, whether
adjudicatory, legislative, or executive order, requiring the
cleanup or the community impact mitigation of the specific site
I. Any and all contract documents, including award
of contract, performance bond, and estimated or actual costs of
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cleanup or construction, including a description of any reserve or
contingency fund.
J. An Environmental Checklist as provided in K.C.C.
12.12A.230 or WAC 197-11-960.
K. Evidence of an insurance binder with policy
coverage including the City of Kent as a co-insured for purposes
of public liability, bodily injury, and property damage for no
less than one -million dollars ($1,000,000) per occurrence
L. Be signed by the applicant and persons who will
actually be responsible for the environmental cleanup and
community impact mitigation actions on and off the designated site
4.19.050. INCORPORATION OF OTHER PERMIT
REQUIREMENTS. An application for a permit issued under this
Chapter shall constitute an application for all required permits
and licenses otherwise required by the City. Provided that, every
permit issued by the Public Works Department under the provisions
of this Chapter shall not excuse compliance with other substantive
and procedural requirements of the Kent City Code
4.19.060. FEES DESIGNATED. The Public Works Department
shall be responsible for application review, assessment of
community impacts and anticipated municipal services, including
but not limited to, streets, right-of-ways, water and sewage
systems, stormwater drainage systems, transportation systems,
emergency response plans, and comprehensive land -use plans. A
permit fee shall be imposed annually based upon a percentage of
estimated total construction or cleanup costs submitted by the
applicant as follows:
A. The fee for the first or initial annual permit
shall not exceed two percent (2%) of the first million dollars
($1,000,000) of the total estimated cost of cleanup or facility
construction; plus an additional one -and -a -half percent (1.5%) of
the total estimated actual costs of cleanup or facility
construction over one million dollars ($1,000,000) Provided
that, the fee shall not, under any circumstances, exceed two
hundred thousand dollars ($200,000) for the initial or first year
in which the application is received
B. Following the submission of any subsequent annual
application for a ermit under this Chapter, the City shall
establish annual permit fees based upon anticipated administrative
costs and expenses which estimate the cost of continued
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environmental review and assessment of community impacts. Such
expenses shall include but are not limited to departmental
services, intergovernmental coordination, consultant fees, legal
fees, equipment, supplies and recovery of administrative costs
The fee shall not exceed the estimated costs. All fees shall be
paid in full prior to issuance of any permit required under this
Chapter. The Director may accept public improvements in lieu of
fees pursuant to procedures provided for under procedures set
forth in KCC Chapter 4.14 . Other than provisions for public
improvements in lieu of fees, annual fee requirements of this
Chapter may be waived only by action of the Cit- Council.
Excepting public improvements received in lieu of fees, monies
derived from both fees and charges shall be deposited in a
designated Environmental Review and Community Impact Mitiqation
Fund.
4.19.070. VIOLATION --PENALTIES. It shall be unlawful
for any person to undertake any cleanup of a solid waste or
hazardous waste site or undertake the siting or construction of a
solid waste energy resource and recovery or incineration facility
without first having secured a permit under this Chapter. Any
person violating any provision of this Chapter shall be deemed
guilty of a misdemeanor punishable by five thousand dollars
($5,000) and incarceration in jail not to exceed one (1) year.
Each and every day during which any violation of this Chapter is
continued or permitted shall constitute a separate offense
Section 11. Effective Date. This Ordinance shall take
effect and be in force five (5) days from and after its passage,
approval, and publication as provided by law.
Section 12. The provisions of this ordinance are
declared to be separate and severable. The invalidity of any
clause, sentence, paragraph, subdivisions, section or portion of
this ordinance, or the invalidity of the application thereof to
any person or circumstance shall not affect the validity of the
remainder of the ordinance, or the validity or its application to
other persons or circumstances.
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DAN ELLEHER, MAYOR
ATTEST:
MARIE JENSENV CITY CLERK
APPROVED AS TO FORM:
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SANDRAR COLL, CITY ATTORNEY
PASSED the day of C/AlI✓, , 1987.
APPROVED the _day of , 1987.
PUBLISHED the 1h day of , 1987.
�r I hereby certify that this is a true copy of Ordinance
No. �% 16 , passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as hereon
indicated.
04650-160
- (SEAL)
MARIE JE , CITY CLERK
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