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HomeMy WebLinkAbout4452ORDINANCE NO.4452 AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 3.70 of the Kent City Code to add a new Section 3.70.055 entitled "Procurement of Compost" to comply with a new state law requiring the City to plan for the use of compost in its projects. RECITALS A. In 2022, HB 1799 was passed requiring cities to adopt a compost procurement ordinance by January 1, 2023. The purpose of this requirement is to help support the economic viability of processes that turn organic materials into finished products, such as compost, by encouraging cities to procure more compost. These requirements are codified in RCW 43.19A.150. B. The creation and use of compost is important because it diverts organic materials out of landfills. In addition to reducing the amount of material going into landfills, processing organic material into compost and applying it to land improves soil health and reduces greenhouse gas emissions. C. To help achieve these objectives, cities are required to plan for the use of compost in various projects such as, landscaping, construction 1 Amend KCC 3.70 - Re: Procurement of Compost soil amendments, erosion prevention projects, and low -impact development. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment - KCC 3.70.055. Chapter 3.70 of the Kent City Code is amended to add a new Section 3.70.055, entitled "Procurement of Compost", as follows: Sec. 3.70.055. Procurement of Compost. A. Purpose. The purpose of this section is to increase the diversion of organic materials going into landfills and thereby reduce methane emissions. As more organic materials are diverted and recycled, the increased use of compost or other finished compost products by local jurisdictions will help support the economic viability of these processes and programs. B. Compost. For the purposes of this section, unless the context clearly requires otherwise, Compost shall mean a product created with composted material as defined in RCW 70A.205.015(3), as now enacted or hereafter amended. Compost includes, but is not limited to, one hundred percent finished compost or blends that include compost as a primary ingredient. Mulch is a finished compost product if it contains a minimum of sixty percent composted material. Bark is not compost. C. Planning. Before issuance of a solicitation for bids or proposals under this chapter, departments should consider whether compost can be utilized in the project. The city shall plan for the use of compost in projects under the following categories: 2 Amend KCC 3.70 - Re: Procurement of Compost 1. Landscaping projects; 2. Construction and postconstruction soil amendments; 3. Applications to prevent erosion, filter stormwater runoff, promote vegetation growth, or improve the stability and longevity of roadways; and 4. Low -impact development and green infrastructure to filter pollutants or keep water on -site, or both. D. Priority. The City shall give priority to purchasing compost products from companies that: 1. Produce compost products locally; 2. Are certified by a nationally recognized organization; and 3. Produce compost products that are derived from municipal solid waste compost programs and meet quality standards comparable to standards adopted by the state Department of Transportation or adopted by rule by the state Department of Ecology. E. Reporting. The City shall submit a report covering its compost procurement activities to the state Department of Ecology in accordance with the requirements set forth in RCW 43.19A.150(5) as now enacted orl hereafter amended. SECTION 2. - Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. - Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the 3 Amend KCC 3.70 - Re: Procurement of Compost correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 4. - Effective Date. This ordinance shall take effect and be in force 30 days from and after its passage, as provided by law. DANA RALPH, MAYOR ATTEST: KIMBERLEY A�! I�OMOTO, CITY APIAR&ED AS TO FORM: HITE, CITY ATTORNEY November 15, 2022 Date Approved November 15, 2022 Date Adopted November 18, 2022 Date Published 4 Amend KCC 3.70 - Re: Procurement of Compost