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
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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:
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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
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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
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