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SOLID WASTE IN SAN JUAN COUNTY

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Stories about San Juan Island Solid Waste transfer station

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EDITORIAL: It's more than a place to dump your garbage

Letters about solid waste

GUEST COLUMN by Ron Shreve: The current transfer station is not the cheapest option

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Storiesa about San Juan Island Solid Waste Operations

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Recyclables shipped to Woodinville

Stories about Waste Management Contract for San Juan County

Potentially explosive situation at the dump (Picric acid)

Should solid waste be separate department



Nielsen, Evans sign WMI contract;
County Auditor doesn't

updated 03/20/02, posted 03/19/02
At the BOCC meeting March 19, County Commissioner Rhea Miller's motion asking the county to follow the advice of the Solid Waste Advisory Committee to hold a public hearing and conduct a weight test before signing the contract with Waste Management Inc. died for lack of a second. County Commissioner Darcie Nielsen made a motion to sign the contract. The motion passed 2 to 1 with Commissioner John Evans and Nielsen voting for it and Miller voting against.

Under the contract WMI will transport garbage and transport and process recyclables from the county through Dec. 31, 2012. County Auditor Si Stephens asked the commissioners to allow him to do a financial analysis of the contract before it was awarded. Because they chose not to have him conduct an analysis he said he could not in good faith sign the contract.

The contract requires only the signatures of a majority of the BOCC. As a matter of policy, the county Auditor and the county Prosecutor usually sign contracts the county enters into.


SWAC asks BOCC to delay signing WMI contract

posted 03/18/02
San Juan County Solid Waste Advisory Committee voted today, (Monday, March 18, 2002) to ask the county commissioners to delay signing the contract with Waste Management Inc. SWAC passed two motions. One asking for public hearings before the contract is signed passed 3-2. The other resolution asking for a test to be made using the actual, daily incoming, dry co-mingled materials to determine the weight of a container, passed 4-3.

Recyclables are defined as: means certain recyclable materials consisting of waste paper, newspaper, coorrugated paper, tin cans, aluminum containers and plastic containers.

Neil Hanson, who proposed both motions, is concerned the containers will not meet the 19 ton average container weight requirement. Jon Shannon said he is confident they will meet the weights and if they don't it will still be cheaper than it is now. Hanson noted during earlier discussions, Public Works Director Tom Huse had said steel would be added to the loads if necessary to make the weights. Hanson said that steel is not listed as a recyclable under the terms of the contract. Glass will also not be part of the recyclables processed by WMI since it is crushed and used locally.

Hanson told the advisory committee he has concerns about the flow control ordinance. Section 7.2 Waste Delivery states:

Subject to controlling law, the County shall direct by ordinance all MSW (muncipal solid waste) originating in the unincorporated areas of San Juan County to be delivered to the Transfer Stations. The County also shall encourage the CIty of Friday Harbor to deliver MSW collected within its jurisdictional boundaries to the Transfer Stations and/or Collection Centers. The County does not warrant or assure that a minimum amount of MSW or RM will be delivered to Contractor.

Shannon said the county has an ordinance in place that covers flow. "The attorneys have already agreed the current county ordinance is effective," he said.

County Commissioner Darcie Nielsen agreed saying the current ordinance has been in place for some time and last year the county made it illegal to dump garbage.

SWAC Chair Carolyn deRoos asked if the county could sell some recyclables? Nielsen said, "They (WMI) don't care what we do with it until it is sealed in the container."

The county commissioners are scheduled to sign the contract Tuesday morning (March 19, 2002) according to Nielsen.


The first motion reads:

WHEREAS:

  • The proposed Waste Management Inc. contract is inconsistent with the county's adopted Comprehensive Plan vision statement.

  • The limited public testimony to date at SWAC meetings and at County Commissioners' BOCC work sessions has been virtually unanimously opposed to the proposed Waste Management Inc. contract.

  • A petition was submitted to the Board of County Commissioners Tuesday March 12, 2002, containing 1,053 signatures of county citizens, requesting a public hearing on the issue of Waste Management Inc. contract prior to the signing of the contract by the BOCC.

  • As citizen representative of Lopez Island, Neil Hanson has not heard one word of support for the Waste Management Inc. contract from his community and has heard consistently from the Lopez public that they feel they have been shut out of the process.

  • Section 8.6 of the Waste Management Inc. contract entitled "other compensation adjustments" presents significant financial risks to the citizens of San Juan County which need to be thoroughly evaluated.

  • The County Auditor has urged that a risk analysis be undertaken prior to signing the Waste Management Inc. contract.

  • The potential impact of a local flow control ordinance required by the Waste Management Inc. contract has not been discussed by SWAC.

  • The SWAC has not had the opportunity to review or discuss the Waste Management Inc. contract or any issues arising from its review by the BOCC.

Whereas: Washington State guidelines for operating a Solid Waste Advisory Committee include the following: Solid Waste Advisory Committees are mandated to:

  1. Represent community interests.

  2. Actively seek communication with the public.

  3. Educate the public on the committee's work.

  4. Let the people they represent know what they are doing.

  5. Make info, data and maps available to the public.

RESOLUTION: therefore be it resolved that the San Juan County Solid Waste Advisory Committee hereby advises the Board of County Commissioners to jointly organize and undertake a public hearing or series of public hearings with the Solid Waste Advisory Committee regarding the Waste Management Inc. contract prior to the signing of the contract.

The resolution passed 3-2 with one abstention, Gary Boothman and Carolyn deRoos voted against the motion, Jean Shreve, Neil Hanson and Tom Munsey voted for the motion. Tom Luft abstained.

Second motion regarding a weight test on a recyclable materials transport container.

A motion was approved that prior to the Board of County Commissioners signing of the Waste Management Inc. contract the Solid Waste Division should undertake an experimental daily loading of a typical recyclable materials transport container using the actual daily incoming dry co-mingled materials which conform to the definition of recyclable materials as stated in section 2.24 of the Waste Management Inc. contract.

This daily loading would continue until the transport container was filled to its maximum volumetric capacity. Any existing accumulation of recyclable materials either mixed or segregated would be excluded from this test. Type of material, volume and dry weight would be registered in a log of everything put into the transport container. No roll off truck use would be involved in this test.

This mrtion passed 4 to 3 with Boothman, deRoos, and Brent Snow voting against the motion. Hanson, Munsey, Luft and Shreve voted for the motion. Snow arrived at the meeting after the other motion was already voted on.


Comments made during the worksession
on the Waste Management Inc. contract

posted 03/18/02
The San Juan County Commissioners worksession on the proposed county contract with Waste Management Inc. for processing and hauling of recyclables and transporting of munical solid waste lasted 6½ hours over two days -- March 12 and 13. Following is a sample of comments made during those sessions.

County Commissioners:

Darcie Nielsen: (In response to Thomas Felber) We've been unloading our problems on others since the 1980s. My long range plans are to divert as much as we can locally and educate . It will take us at least 10 years to come up with sustainable programs.

(In response to questions about holding a public hearing) Personally I have been in a lot of public hearings. There were 1000 people who signed petition. Thirteen thousand didn't sign petition. i believe i was elected to represent the community as a whole, this is a operational technical issue.

We need to influence people's behavior so they aren't so wasteful. The whole system has changed immensely. In the 80s the decision was made to close the landfills and to send to solid waste to the mainland. I lived in Oregon and was frankly astounded citizens up here made the decision to send out our garbage so someone else can deal with it.

One of the things that concerns me -- public hearings. I've been lectured about how important. it is that we make tough decisions. That is what we are elected to do. There is nothing in the solid waste plan that says source separating is mandated. I've been sitting around in Olympia with politicians who cannot make a decision. Boy that impacted me. I don't want to go down that path. It amazes me what is happening. This is government by initiative. My job is to do that (make decisions) Every four years you guys get to do that.

There are political agendas at work here. Look at it closely. Bale and haul.system is obsolete.

(Responding to Ake Stroede's proposal): I looked at this proposal, I can't imagine how they arrived at these numbers. Quite frankly laughable. Balers are on the market because they are obsolete. Bale and haul facilities at the county level are not where we're headed.

SWAC (solid waste advisory committee) will be working on diversion, that is where citizen energy needs to be put.

John Evans: The volume of waste that we have is always a problem. We are a smaller supplier of recycled materials. It doesn't make sense to invest a lot of money in equipment and have it remain idle for a long period of time. Operating balers is very expensive. Labor, utility, depreciation is expensive. There is a succinct advantage to let someone operate a facility twenty four hours a day, seven days a week.

I had opportunity to talk to your staff. They are not only very supportive about possibilities of MRF, they think it will be more efficient for them.

I would not know someone from WMI if they ran over my foot with a truck. Up here there is no undue influence being applied.

All of this stuff gets taken very seriously. What is it about this that is so complicated. The contract we are talking about is continuation of the MSW contract. .The largest part is hauling garbage...what we've been doing last 7 or 8 years. A small part hauling recyclables. We're talking 1,332 tons. The issue is not the contract. iThe issue is whether or not we are ethically, responsibly dealing with recycling. We are looking for a contract with WMI to provide service. It is in their interest to provide it in a high quality manner. As far as the contract is concerned, I am confident it will do what we expect it to do. It is a vehicle. I am trying to be an effective county commissioner. We have a largely broken solid waste program. By getting our finances in order we will be independent. I'd like to see an effective hazardous waste program year round. I'd like to see an effective , expanded recycling program. Most communities that have gone this way have seen increases in recycling rates. When you are broke, you're broke. No discretionary money.

Rhea Miller: (referring to a proposal by Ake Stroede) This proposal makes San Juan Island transfer station a premiere model facility. It would cost $1,700 more a month than a MRF. I have not seen a true financial analysis. This is cheaper than the status quo. It does what Nielsen wants. It doesn't put us at any risk.

I believe in the zero garbage principle - reusing, reducing. Solid waste has been breaking even. The problem is debt accumulated. There has been no financial risk assessment or cost benefit analysis. tipping floors and Z walls are necessary for this to work as designed - $200,000 to 400,000. The compactors used cost $250,000. I honestly don't believe we can make these weights. This seriously erodes any possibility for freeing up capital funds. I didn't know about new containers at the San Juan Island transfer site. I don't believe we will have access to capital funding to work as design.

I am very concerned about flow control section of the contract.

An alternative proposal is available. This contract only saves $20,000 per year.We lose local control with this contract. Reducing cycle time is dependant on site expansion. A plan presented months ago allows us to expand and create model plants on both Orcas and San Juan Island.

The system is changing on Lopez. It has never been publicly acknowledged. There is no substitute for a public hearing. I don't understand why we can't have one. Signing this without a financial analysis will kill public sentiment for courthouse expansion. Si Stephens and Gary Franco signed this petition, it is a bi-partisan request.

This county dares to be different. Citizens really participate in the community.

There are already unauthorized changes made including capital expenses without approval. The garbage guru is being sent to flagger school. Each island should have model recycling and reuse program.

What are we doing? Why are we risking in our haste today, what doesn't need to be risked? In order to keep us solvent at all depends on capital expenditures. I believe in this county, I believe in sound fiscal judgment, this contract endangers both.

I do believe this contract is a risk. I have brought the data to the table. I found the mistake. (in the formula to calculate the liquidated damages if the minimum container weight isn't obtained). I just want to tell everybody in this room how grateful I am you are here. It is great to be in a room full of young people with vision. It is great to be in a room with people my age and older who still dream. It is not death we need to fear but deadness.

CITIZEN COMMENT:

John Abenhouse (Eastsound):This is a matter of gains and losses. I am confident you are aware of the gains - less cost - but there will be large losses,if we disregard consciousness built up over the years by citizens of this county. conserving, composting, sorting, storing, taking care of their personal waste. I've been here since 1939. I'd like to see a postponement and public hearings to finish the matter.

Thomas Felber: Lopez and sometimes Orcas) This contract is unacceptable to me and most people in this county. Where is the rush? Where is the democratic spirit, that is vital to the republican form of government, in ignoring strong wish of significant number who desire public hearing. Does this commission remember they are merely the administration of the government of the county?

Leah O'Bryant (Spring Street School Student) I am really proud I am from San Juan County because we don't have big companies like WMI running our lives. Please make sure that is taken into consideration.

Jeff Brash:(resident, property owner and voter for 25 years) This process has to me the unmistakeable feel of prearranged back door fdeal. This is probably the first time I agree with Si Stephens. To not want public hearings and a cost analysis is obscene. This is a personal gain and public loss. When a policitician wants to pass something quickly and quietly they have something to hide. No matter what our $300 per hour consultant has written, loopholes exist. I don't believe containers will make weights.

Ben White:I for one would be willing to pay more (for recycling) if this is totally cost driven. We don't want it co-mingled. This is running directly into island independence... Why are you getting us involved with corporate officials? Why don't you stop it? The gross undemocratic nature shocks me. We are not peons here we are citizens. Given that you can make the decision, why do you not want a public hearing. it's an easy way to disarm before the decision is railroaded through.

Kelan Ross: (Spring Street School Student) The issue is sustainability. Why are we such a hurry to sign a 10 year contract with a global company sends material to a third world country? It seems really lame to me.

Neal Anderson: I wouldn't mind spending more in dumping fees to make facility better... If we don't have alternatives, what do we have to chose from. if we don't do it on a local level, how can we give examples. I am in support of more dialogue. Next time consider having discussion at an hour when people don't have to suffer wage loss to speak.

Tim White (Orcas): WMI is using a low ball bid so they can use us in marketing to other communities. Their marketing department will be using this contract to make other contracts that will make money. We are selling our good name and I think we need to realize we are the loss leader.

Larry Hendel:
LARRY HENDEL: I'd like to reemphasize what Si said. I'd like to see Si's financial analysis published in the newspaper. The basic facts and figures presented to the community. Having a public hearing will only make you guys look good. This rush is beyond me.

DAN SILKISS: Thank you for permission to speak. I've involved in corporate industry with giant corporations over the world. This is the first time, I've seen a contract without figures in the contract. It is quite contrary to common practice. This contract could have been drawn up by Waste Management's own attorney. There is more money to be made in garbage. I spoke to other haulers involved. They said, no way has to be something wrong with it (the bid). Shille said it was a correct bid. 'We have other ways of making the money. One is in recyclables. We have good customers in recyclables.' Other bidders will go out of business. Local labor and industry will disappear.

Michael McBrayer: In the presentation, a number of references were made to no-cost change over. How much did new containers now in place cost? Regarding the inadequacy of the current San Juan Island facility. It is woefully inadequate. Recycling containers are placed directly in the path of people. How come employees have been told they were not allowed to make the changes. People talked to me under fear they would lose their jobs. The recycle bins were placed there to block and inflame public opinion. So they say 'whatever it takes.' I make a personal appeal, remove the appearance of a back door deal by going forward and requesting public commentary. You are elected by all the people here. Let them try to help you . I have personally nothing against a MRF if it does what it says.

Bethy Johnstonbaugh (Spring Street School student): I'm frustrated good proposals are being dismissed on the grounds it hasn't been done before. Si Stephens idea is dismissed because it wasn't done before...Don't see why it wouldn't be simpler to improve a local system rather than a global system.

Ben Smith: We started public comment on this highest price loss of public trust. I'm sorry a process wasn't followed that led to a search for common ground, development of a total plan. It didn't need to end up in confrontational situation. It could be civil and open.

Michael Ahbel: (Spring Street School student): I'm concerned this is going really, really fast. Everything I've learned in class says we are a republic.

Wendy Shepard. (referring to a grant from the Dept. of Ecology) How can we devise a long term contract without knowing what our resources are?... We can use the years we have left (on the current contract) to do some responsible planning.


Contract approved with WMI

posted 03/14/02
After a 6½ hour worksession spread over two days, San Juan County Board of Commissioners voted 2 to 1 on March 13, 2002 to award a contract to Waste Management Inc. Commissioner Rhea Miller voted against awarding the contract for transporting garbage; transporting and processing recyclables to the corporation.

County Commissioner Darcie Nielsen voted for the contract because she believes it is the way of the future. "Bale and haul system is obsolete." The success of recycling programs is dependent on getting the product back to the industry that will use it. The large quantities WMI deals with means it can provide a steady source of product.

County Commissioner John Evans believes the switch will save the county money. "By getting our finances in order we will be independent," he said. Creation of a year round hazardous waste program would be possible funds were available. "When you are broke you're broke," he said. "There is no discretionary money. You have no discretion. "

County Commissioner Rhea Miller said, "We will lose local control with this contract. I presented months ago a program which would allow us to expand and create model plants on Orcas and San Juan Islands... There is no substitute for a public hearing. I don't understand why we can't have one. Signing this without a financial analysis will kill public sentiment for courthouse expansion."

County Auditor Si Stephens recommended the BOCC wait until a cost analysis was done before approving the contract. "I may be the only Lopezian in the world, who is a supporter of the MRF," he said. "But I don't know the cost. It would be prudent to analyze cost and capital expenses. Not only would I like to do that. We owe it to our constituency for a contract that will last longer than any of us will be in office."

Commissioner Darcie Nielsen disagreed with his request, she believed adequate analysis had already been done. She said, "I understand political animals. You have never asked for that type of operational cost analysis."

Stephens replied, "This is the first time the county entered into a 10-year- contract. If this has a significant capital component. We ought to be upfront and ought to say so. The data ought to be there."

Capital expenses are listed in six-year plans by the county. Solid Waste Manager Jon Shannon said the operational change can be made without any capital expense. While no improvements are necessary, new tipping floors and Z walls for the Orcas and San Juan Island transfer sites would make the comingled system work better. He said, "I don't want to do the design until we have a 20-year-infrastructure plan in place.

A section of the contract calling for the county to direct by ordinance that all municipal solid waste (MSW) originating in the unincorporated areas of the county be delivered to the transfer stations was included in case the county's existing ordinance was not sufficient. San Juan County Prosecutor said, "It wasn't determined if we needed one or not. It is just a cautionary measure." He believes the existing ordinance which allows for disposal of MSW only at county sites adequately covers flow control.

Questions about guaranteed weights were raised. A correction was made to the formula as originally written.

DIF =( (ACWG-ACWA) - 1) ) x T, where:

ACWG=Actual Average Container weight guarantee

ACWA = Actual annual average container weight calculated in accordance with Section 7.4

T = Total number of Containers transported in the previous year x Tipping fee set forth in Section 8.1 through 8.3.

Public comment centered on the lack of a public hearing and discomfort with stopping source-separated recycling. A sampling of the public comment is provided on another page.

At the end of the worksession, County Commissioner John Evans noted he was more exhausted after the worksession than he was after unloading 30 tons of hay over the weekend.


WMI contract discussion continues Wednesday

posted 03/13/02
The Board of County Commissioners' worksession on the proposed Waste Management Inc. contract continues at 9 a.m. Wednesday, March 13 in the county Courthouse. More than 150 people attended the BOCC's discussion Tuesday. Several members of the audience expressed outrage when Commissioners Darcie Nielsen and John Evans wouldn't second a motion by Rhea Miller to hold a public hearing on the contract. A petition requesting a public hearing was presented during the BOCC's morning session Tuesday. There are 1,052 names on the petition.

The contract changes the way the county handles recyclables. The Solid Waste Division believes the change is an operational change rather than a policy change which would mandate a public hearing. Michael McBrayer sought a restraining order to prevent approval of the contract without a public hearing. County Prosecutor Randy Gaylord argued the petitioner had not established legal standing since user fees rather than taxes pay for the services covered by the contract. He told Judge Alan Hancock the county was obligated to award the contract to WMI since it was the lowest bidder. In a written statement, Solid Waste Manager Jon Shannon said if the contract was not approved WMI might withdraw its offer. Judge Alan Hancock turned down the petitioner's request.

During the 2½ hour worksession, Shannon explained the reasons the contract was being recommended. The county went out for bids to achieve certain goals he said.

  • to reduce the cost of recycling and garbage services.

  • to maintain services at or above current levels.

  • to free up capital for future system improvements

  • to keep options open

  • to control our own destiny. (Currently San Juan County piggybacks on Island County's contract with WMI. By having its own contract with WMI)

    Much of the discussion focused on the county's obligations to WMI under the new contract. When did the recyclables and municipal solid waste come under WMI's control. Seattle attorney Steve DiJulio of Foster, Pepper and Shefelman said, "You (residents) own your waste until you dispose of it at the county facility. The county owns it until it is put in the containers and sealed. Once it is sealed in the container it is owned by WMI."

    Commissioner Darcie Nielsen wanted assurance that the contract would not prevent the county from processing recyclables though innovative means such as worm bins. Shannon said the contract did not obligate the county to give its recyclables to WMI. "It was critical to all of us that we maintain control of all of this." he said.

    Questions about the flow control ordinance required in the contract was discussed. The ordinance would require all municipal solid waste generated in the unincorporated part of the county be taken to the transfer station. County Commissioner Rhea Miller noted adoption of an ordinance requires a public hearing. Gaylord agreed it did. He said a current county ordinance which makes it unlawful for any person to dispose waste except at county sites might meet the contract's requirements.

    Miller expressed concerns about the lack of financial risk and cost benefit analysis of the contract. She also questioned whether the county can meet the guaranteed average container weight requirements. The county must pay liquidated damages for the difference if it comes up short on the average container weight. It is computed on an annual basis.

    The extent of capital improvements required was also a topic of discussion. The bale and haul alternative was not recommended by county staff because of capital costs involved. Shannon said the WMI contract could be implemented without any capital expenses. "There are things we could do and hope to do to make easier," he said. A tipping floor for the recyclables was an example.

    As time ran out, Miller asked again if capital improvements would be necessary. "Are you looking at construction of concrete walls and tipping floors to put recyclables in trailer? " she asked.

    Shannon answered yes.

    The worksession continues at 9 a.m. today in the commissioners hearing room in the county courthouse.


    WMI contract to be discussed today

    posted 03/11/02
    The Board of County Commissioners has moved its 1:30 p.m. March 12 worksession on the Waste Management Inc. contract to the Mullis Center. The contract will save the county money according to Solid Waste Manager Jon Shannon and will give the county flexibility in the management of solid waste. Opponents argue local jobs and the county's award-winning recycling program will be lost.


    Proposed WMI contract lacks exit clause

    By Sharon Kivisto

    posted 03/11/02
    The 33-page proposed contract between the county and Waste Management Inc. contains a guarantee of tonnage per container, lacks an exit clause and does not mention a MRF. The 10-year 8½ month contract requires the county to enact an ordinance requiring all municipal solid waste (MSW) originating in the unincorporated areas of the county to be delivered to the transfer stations.

    The BOCC will meet at 1:30 p.m. Tuesday, March 12 in the Mullis Center on Nash Street in Friday Harbor to decide whether to approve the contract. WMI staff and Steve DiJulio of Foster, Pepper and Shefelman, the Seattle lawyer hired by the county to negotiate the contract, will be present at the meeting. Public Works Director Tom Huse will not be in attendance. Huse has recommended the county switch to a materials recovery facility (MRF) to process recycling as a way to reduce cost.

    The county will pay for a guaranteed tonnage of 19 tons per container for recycled materials and 22 tons per container for MSW under the terms of the proposed contract. The contract would supercede the existing contract the county has with WMI as part of an inter-local agreement with Island County. The current contract does include a guaranteed tonnage of 23 tons per container. The requirement has not been enforced by WMI. The MSW tonnage has averaged 23.5 tons per container from Orcas Island and 21.34 tons per container from San Juan Island.

    BACKGROUND

    Under the current system county residents separate recyclables and the county ships the materials to Lopez Island to be baled. The baled materials are sold if a market can be found or taken to a recycling facility.

    Under a MRF proposal, residents would deposit all their recyclable material except glass into one container. (Glass is crushed and used in the county.) A company would be paid to haul the material to a MRF facility where the material would be sorted. The MRF sells the materials. The cost to the county of hauling is not reduced in relation to the price the MRF receives for the materials sold and the county does not receive any revenue from the sale of the materials. The market for recyclables is currently very low according to county staff.

    Another option under consideration last year involved placing balers on Orcas and San Juan Islands. Doing so would cut costs by reducing the amount of material hauled between islands. In July 2001, Solid Waste Manager Jon Shannon estimated balers would cost $60,000 each. At the end of 2001, the cost estimate for the purchase and installation of two balers increased to $900,000.

    List of stories about solid waste operations in San Juan County

    Section 8.6 states:

    Container weight: if the county fails to satisfy the annual average container weight guarantee as set forth in Section 7.4, the County shall pay to the Contractor before March 1 of the succeeding year, one payment for the difference ("DIF") between the amount the County would have paid if it had satisfied the annual average Container weight guarantee and the amount actually paid by the County, calculated as follows:

    DIF =( (ACWG-ACWA) - 1) ) x T, where:

    ACWG=Actual Average Container weight guarantee

    ACWA = Actual annual average container weight calculated in accordance with Section 7.4

    T = The total payments to the Contractor during the year

    The initial tipping fee is set at $62.50 per ton for MSW and $27.45 per ton for RM. The county will pay all of the ferry and barge fees. The tipping fees will be adjusted annually by an amount equal to 75 percent of the annual consumer price index.

    A list of acceptable reasons for additional increases in tipping fee charges includes the cost of barging if ferry service cannot be delivered in a timely manner, changes in taxes, uncontrollable circumstances and additional work.

    During discussions of a MRF proposal, Solid Waste Advisory Committee members asked how the county would guarantee the RM was actually recycled. In a February press release to answer questions about the potential contract, Solid Waste Manager Jon Shannon wrote: The contract requires that all recyclable materials collected from San Juan County are actually recycled. Several Counties, including Snohomish and King, routinely monitor the recycling activities of Waste Management of Washington.

    The contract does not mention a materials recovery facility per se. References to how the material will be disposed of show up in Article 1 - Recitals. The contract states:

    1.1 The County desires environmentally sound solid waste transportation and disposal of solid waste. The County further desires environmentally sound and efficient transportation and processing of recyclable materials ("RM").

    1.2 The County, following a competitive process, has selected the Contractor to provide tranportation and final disposal of solid waste, from the County's designated transfer stations to a landfill meeting state and federal standards for disposal; and, transportation and processing of RM, from the County's designated collection centers to markets for recycling.

    The contract defines recycle as: transforming or remanufacturing of waste materials into usable or marketable materials for use other than landfill disposal or incineration.

    During discussion of a possible switch to a MRF, county staff have said the change would be easily reversible if the county wanted to change back. The contract expires in Dec. 31, 2012. The county can terminate the contract only if:

    1. Contractor breaches any of its representaions and warranties;


    2. COntractor fails to comply with any Applicable Law pertaining to Transportation, Disposal or Processing services performed under this Contract; or


    3. Contractor defaults in performance of any other material obligation of this Contract and fails to cure such default, or commence good faith efforts to cure such default, within thirty (30) days after receiving written notice thereof from the County.

    Shannon said, "Because the County does not guarantee any minimum annual amount of MSW or RM under this contract any changes made to the operation of the system are in fact easily reversible. This contract gives San Juan County considerable flexibility in the management of these materials."


    County Public Works issues press release in response
    to garbage and recyclable hauling contract concerns

    posted 02/20/02
    Over the past several months the Public Works Department has responded to questions and concerns about our proposal to develop a contract for hauling garbage and recyclable materials from San Juan County to the mainland. Many of these concerns are the result of some misinformation and consequent misunderstanding of the changes that have been proposed. Some of the most commonly asked questions are answered here for the benefit of our customers on San Juan and Orcas islands who will be affected by these changes. Lopez Island customers will not be affected by the proposed changes. If you have any additional questions or concerns, please call Jon Shannon at 370-0519. We are happy to answer your questions and receive your comments regarding this proposal.

    WHY DID THE DEPARTMENT SEEK TO DEVELOP A CONTRACT FOR GARBAGE AND RECYCLABLE MATERIALS HAULING?
    The San Juan County Solid Waste Program has been in serious financial trouble for many years. The overall cost of operating the solid waste system has routinely exceeded the revenue collected from garbage tipping fees. The accumulation of these operating losses had resulted in almost $400,000 of short-term operating debt by the beginning of fiscal year 2001. The decision to develop the contract was made in an effort to reduce the costs of operating the solid waste system without cutting services.

    WHAT WILL CHANGE FOR SOLID WASTE CUSTOMERS UNDER THE NEW CONTRACT?
    Recyclable materials on San Juan and Orcas Islands will be collected and hauled co-mingled in a single container rather than transported in many different containers. There will be no changes on Lopez Island. Nothing will change at any of the facilities with respect to garbage. The Department has never proposed closing any transfer stations or the "Exchange" and "Take it or Leave it" facilities.

    WHAT IS CO-MINGLING?
    Customers on San Juan and Orcas islands will still need to "source separate" their recycling from their garbage, but will no longer need to separate their paper, cardboard, newsprint, tin cans, aluminum cans or plastic from each other. They can bring the material to the recycling center mixed in a single container. Glass and steel will still need to be separated.

    WHY DID THE CONTRACT SPECIFY HAULING RECYCLABLE MATERIAL CO-MINGLED?
    For three important reasons:

    1. It costs less. The bid received by the County for hauling and recycling these materials will cut the current cost by more than 50 percent.
    2. It will increase the rate of recycling diversion. History has shown that in communities where recycling changed from separated to co-mingled recycling diversion rates increased dramatically.
    3. It will enhance the current recycling program for no additional cost. Customers on San Juan and Orcas islands will be able to recycle ALL of their plastic containers #1 through # 7, instead of just #1 and #2.

    WHY WAS WASTE MANAGEMENT OF WASHINGTON SELECTED AS THE CONTRACTOR?
    They submitted the lowest bid. Waste Management of Washington, Incorporated is a subsidiary of Waste Management Incorporated. Waste Management of Washington has been hauling San Juan County's garbage for many years under an existing agreement and has established an excellent service record with the County.

    WILL THE CONTRACT RESULT IN THE LOSS OF COUNTY JOBS?
    Current staffing could be reduced in the future providing additional cost savings. However, the Department will not cut any existing jobs and no existing employee will lose wages. Employees may be shifted to other divisions within the department.

    HOW CAN WE GUARANTEE THAT THE PRICE WILL NOT ESCALATE AFTER THE CONTRACT IS AWARDED?
    The contract specifies the price for garbage and recyclable materials for a period of 10 years.

    HOW CAN WE BE SURE OR MATERIALS WILL BE RECYCLED AND NOT JUST BURIED IN A LANDFILL?
    The contract requires that all recyclable materials collected from San Juan County are actually recycled. Several Counties, including Snohomish and King, routinely monitor the recycling activities of Waste Management of Washington.

    AREN'T WE THROWING AWAY A VALUABLE HUMAN RESOURCE WHEN PEOPLE DON'T SEPARATE THEIR RECYCLABLE MATERIALS FROM ONE ANOTHER?
    No. There is nothing intrinsically valuable in the act of separating a tin can from an aluminum can, or #1 plastic from #2 plastic. What matters is that people continue to practice "source separation" by separating everything that can be recycled from their garbage.

    WHAT ARE THE OTHER ADVANTAGES OF THIS CONTRACT?
    One of the most important additional benefits of the contract is that it will reduce traffic congestion at the San Juan Island and Orcas Island Transfer Stations because it will take customers less time to deposit their recycling.


    Residents protest against
    Waste Management Inc. contract

    posted 02/12/02
    County residents filled the hearing room in the courthouse yesterday (Feb. 12, 2002) to hear the commissioners discuss a proposed contract with Waste Management Inc (WMI). County Prosecutor Randy Gaylord explained why a Seattle attorney is being paid $300 an hour to clarify the contract. "We came to the conclusion a small county prosecutor office is not up to snuff to go up against Waste Management Inc,"he said. "A hallmark of good lawyering is to know when you need help," he said.

    County Commissioner Darcie Nielsen reprimanded members of the audience for their reaction to mention of the lawyer's hourly rate. "I saw scoffs from Lopez people," she said. " I just want to remind you, this county has spent tens of thousands of dollars to fight jetskis and cell towers."

    Nielsen said, "My goal all along has been to fix the San Juan Island transfer station site. We need to free up a significant amount of money to do that. We need close to a million dollars to create the state of the art facility I want to see on San Juan Island."

    Public Works Director Tom Huse believes the county will save money by switching to using a materials recycling facility to handle the county's recycling rather than the current system. Now residents of the county separate their recycling, it is baled on Lopez and marketed on the mainland.

    Six-year-old Sophie Nilan of Lopez Island plans to report back to Miss Patty's kindergarten/first grade class about Tuesday's protest in Friday Harbor.

    By switching to a MRF, the county would be paying to have Waste Management Inc. haul off co-mingled recyclables. This would save money because labor costs would be less. Solid Waste Manager Jon Shannon said no one currently employed will be laid off but the work force will be reduced over time by attrition. So local jobs will be lost if the county switches to a MRF.

    County Commissioner John Evans explained how the county ended up negotiating with WMI. His fifteen-minute explanation included background on the current system. He said, "It is a very expensive system, partly because we need three of everything. Everything needs to be transported. The overall system is an enterprise fund. It does not receive any extra tax money. Governments are not allowed to operate in the red...So we were seeking ways to balance the financial needs of the program."

    "Not much can be done to reduce cost of garbage in landfill. One significant variable was the cost of handling recycling. There was a proposal to charge for recycling, to collect gate fees," he said. The MRF idea came up in those discussions and due to economy of scale and economy of marketing it would cost less he said..

    Commissioner Rhea Miller said, "The bids are in, and bids are odd. The bids show a one percent savings in the budget. We entered this on a recycling issue and ended up with a disposal service bid. We'll lose a very secure time-tested contract. We were going to this for fiscal responsbility but now we're hiring a state of the art attorney. We're asked to put $75,000 into capital improvments at the waste site ( for the MRF). Baling has stopped on Lopez Island. We've lost 30 totes because they were sent unbaled to the mainland."

    The baler was not working in December for a few weeks. Cardboard totes were sent to the mainland with unbaled recyclables. Totes were not returned resulting in a lack of sufficient number of the cardboard boxes. Customers have been co-mingling the recyclables since there are not enough boxes to deal with them separately. Some residents have questioned whether the county has already started the changeover to a MRF system before a contract is approved. Solid Waste Manager Jon Shannon said it is just coincidental that co-mingling is being done now and attributed it solely to the lack of totes.

    After the commissioners spoke, there was 20 minutes left for public comment. Residents expressed dismay that the county would consider doing business with WMI. Cases of bait and switch, fines levied against WMI and against its accounting firm, Arthur Anderson were cited.

    Ona Blue of Lopez Island said, "This is an incredibly big deal. We are angry we haven't been givien a public hearing. This is obviously not a real bid. WMI wants a foot in the door." She told the BOCC the issue is not controversial on Lopez Island. "I've given out a lot of leaflets. People get it immediately. We're going to get screwed."

    Paul Chadwick of Friday Harbor said, "This is a huge global company. They have gone toe to toe with the mafia and beaten them. They will find a pretext to charge us more. We don't have the legal power to fight them. This lowball bid is sweet poison. I urge you to deal with local entities where power is more equal."

    Commissioner Nielsen said, "We have had an agreement with WMI for the past seven years. You act like this is something new. This is just a part of a misinformation campaign."

    Commissioner Miller responded that the present contract is part of an interlocal agreement with Island County.

    Gaylord expects to present the new contract to the BOCC on March 12, 2002. Evans said, "Once the contract is before us. We'll have the opportunity to say is this a good idea or not. Then we can vote for it or vote against it. "


    BIDS FOR HAULING GARBAGE (SAN JUAN ORCAS AND LOPEZ)
    Bidder price per ton current price per ton difference per ton difference
    per year
    Waste Management $69.94
    assumes $7.45 per ton in ferry fees
    $70.55 ($.61) ($6,100)
    Regional Disposal Company $92.07 $70.55 $21.52 $215,200.00

    Waste Management contract to include garbage and recycling

    posted 02/12/02
    The current inter-local agreement between San Juan County and Island County for garbage hauling will be dropped if the BOCC agrees with recommendations from staff. Instead the county would contract directly with Waste Management Inc. (WMI) for services. The move surprised members of the county Solid Waste Advisory Committee yesterday (Feb. 11, 2002.).

    SWAC had focused its attention on debating the merits of switching to a co-mingled recycling system and had reviewed the bids solicited for hauling recyclables. During discussion of the contract being drafted for hauling co-mingled recyclables, committee member Bob Frehauf said, "I'm confused. This contract covers both?"

    Solid Waste Manager Jon Shannon said the bid had a garbage component.

    Last fall, fourteen firms were invited to bid on all or part of the garbage/recycling hauling. Only two companies bid on both recycling and garbage hauling. A report written last fall by Shannon said: staff intends to solicit bids for long haul services during Fall of fiscal year 2001 for implementation during fiscal year 2002. A savings of up to $60,000 may be possible.

    WMI bid $.61 less than it currently charges the county through the inter-local agreement. The low bid by WMI would produce a savings of $6,100 per year.

    The county prosecutor recommended hiring an outside consultant to review the contract. Shannon said, "The inter-local agreement with Island County will be superceded by the contract. The Seattle attorney said don't keep the inter-local agreement."

    Committee member Neil Hanson asked, "Once we leave safe harbor of interlocal agreement will we ever see that price again?"

    Shannon said the contract was being written to coincide with the length of Island County's contract. It will end at the end of 2012.

    Shannon said if all goes smoothly, the contract will be presented to the BOCC on March 12, 2002. First, the draft contract will be forwarded to the Seattle law firm. After they review it, recommend changes and consult with the county, they will consult with WMI. County staff will finalize it and present it to the BOCC.

    BIDS FOR HAULING RECYCLING (SAN JUAN AND ORCAS)
    Bidder price per ton current price per ton difference per ton difference
    per year
    Waste Management $45.00
    assumes $17.56 per ton in ferry fees
    $109.00 ($64.00) ($96,000.00)
    San Juan Sanitation $72.50 $109.00 ($36.50) ($54,750.00)
    Regional Disposal Company $105.46 $109.00 ($3.54) ($5,310.00)

    Two San Juan Island residents appointed to SWAC

    posted 01/23/02
    Two openings on the county's Solid Waste Advisory Committee were filled last week. Friday Harbor Mayor Gary Boothman volunteered to be the town's representative after it became apparent none of the town council members wanted to serve.

    The Board of County Commissioners appointed Jean Shreve at their Jan. 15, 2002 to serve on the committee.

    SWAC meets from noon to 2 p.m. on the third Monday of each month usually in the Garden Room at KeyBank in Friday Harbor. The committee advises the BOCC on solid waste issues.


    NOTE: the discussion of the MRF contract has been rescheduled for 1:30 p.m. Feb. 12, 2002.

    MRF contract discussion set for Jan. 29

    By Sharon Kivisto

    posted 01/16/02
    Public Works Director Tom Huse will present the Waste Management Inc. MRF contract to the Board of County Commissioners at 1:30 p.m. Jan. 29, 2002. A detailed transition plan will also be presented. Using a materials recycling facility to process the county's recycling has been under discussion for five months.

    The Solid Waste Advisory Committee voted 4 to 3 Monday, Jan. 14 to recommend the county proceed with a MRF. On Tuesday Town Administrator King Fitch's vote was listed as an advisory vote which changed the vote to 3 to 3.

    BOCC Chair John Evans supports the switch noting it will save money. "It'll give us money to do the stuff we need to do. The San Juan transfer station is unsafe." Hazardous materials collection is another area that needs to be addressed he said.

    Commissioner Darcie Nielsen said, "Personally I believe the MRF is the way to go."But before a contract is approved, she wants to look at other options which might impact the bid such as composting cardboard locally.

    Huse said it is not cost-effective to compost cardboard. "It's a neat thing, but we can't capitalize it," he said.

    Referring to the controversy surrounding the debate over MRFs, Nielsen said there had been a great deal of misinformation. "No where does it say people are going to lose their jobs," she said. "The system will increase jobs."

    The loss of jobs was one item discussed during the SWAC's deliberations. According to the information presented by the Public Works Dept. jobs will be lost. The savings in labor and processing costs and the loss of jobs were listed on the pros and cons of switching to a MRF. Jobs will also be lost at San Juan Sanitation according to Tom Luft.

    Commissioner Rhea Miller opposes the change in the way the county handles recycling. "Economically I focused on a method that would eventually lead to a model award-winning system on both San Juan and Orcas and still not cost us more or need the tax," she said. "I will not support a proposal that sends jobs to Seattle and supports a big city corporation when we could build a fiscally and environmentally responsible program right here in San Juan County."


    SWAC recommends MRF

    By Sharon Kivisto

    posted 01/15/02
    After months of talk and with two county commissioners looking on, the county's Solid Waste Advisory Committee voted 4 to 3 to change the way recycling is processed in San Juan County. The committee is recommending the county proceed with a materials recycling facility (MRF) proposal with appropriate terms and conditions such that the county is not unfavorably bound for an indefinite period of time. "We don't want to get stuck," said Brent Snow, SWAC member.

    The county solicited bids in November 2001 for hauling the county's recyclables to a mainland MRF. Waste Management Inc. was the low bidder. The bidding process was actually "a negotiated sealed proposal" according to SWAC member John Day. (NOTE: According to Deputy Prosecutor Karen Vedder, bids not proposals were solicited.)

    SWAC members Neil Hansen and George Post questioned the process used in making the decision. The county's Solid Waste Management Plan which was adopted in 1995 is due to be updated this year. Hansen felt it would be more appropriate to make decisions about changes to the way the county processes recycling as part of the revision process.

    Part of the debate at the Jan. 14, 2002 meeting centered around whether the change to a MRF was a policy or an operational issue. Shannon said it was an operational issue and therefore would not be part of the revisions to the Solid Waste Management Plan.

    Post questioned whether the alternative of placing balers on Orcas and San Juan Islands was ever a real possibility. Negotiations with the Town of Friday Harbor about the Sutton Road transfer station never mentioned the possibility of placing a baler on the site.

    Solid Waste Manager Jon Shannon said he would never recommend the county place capital improvements on leased land. He also cited the neighbors as another consideration. Residents of the Hillcrest neighborhood have been vocal about their opposition to any expansion of activity at the solid waste transfer station.

    Commissioner Darcie Nielsen who replaced Commissioner Rhea Miller as BOCC liaison to SWAC, said negotiations with the Town have always been about purchasing the site and therefore did not include discussions about balers. She also noted the neighbors' oppostion as a factor.

    Snow, Day, Town Administrator King Fitch and Bob Freeauf voted for the motion to proceed with the MRF. Post, Hansen, and Carolyn deRoos voted against the measure. Tom Luft of San Juan Sanitation abstained since SJS had submitted a bid.


    Big waste hauler makes little bid

    posted 12/17/01
    Instead of being a locally run operation, San Juan County's recycling program may be contracted out to Waste Management (WM), one of the three largest waste management corporations in the nation. Public Works Director Tom Huse told the county Solid Waste Advisory Committee (SWAC) yesterday, (Dec. 17, 2001), he will recommend the county Commissioners accept WM's bid for hauling recyclables. Some committee members suggested the bid of $45 per ton was a "lowball" bid. The other two bids were $72.50 (San Juan Sanitation) and $105.45 (Regional Disposal Company) per ton. The county currently pays $109 per ton to haul recyclables off-island.

    Huse estimated switching to using WM's materials recycling facility (MRF) would save the county $96,000 per year in transportation. A total of $178,000 per year would be saved if the switch was made he said. The additional savings would be in processing costs according to Solid Waste Manager Jon Shannon.

    According to Huse the bid which was opened Nov. 27, 2001 takes the proposed 2002 ferry fare increases into account. According to the bid document, the $45 price is based on a ferry cost of $17.56 per ton. Ferry prices are expected to increase 17.5 percent in May, 2002.

    Currently county residents sort their own recyclables and drop them off at no charge at the transfer stations. The materials are then taken to Lopez Island and baled before shipping to the mainland. If there is a market for the recyclables, they are sold. The market has fallen in recent months.

    The rolloff costs, the cost of transporting the recyclables to Lopez for baling, would be eliminated if a MRF was used. The recyclables would not have to be sorted. The comingled materials would be taken by WM to their facility on the mainland. The county would pay WM to haul the recyclables. After the materials are sorted, the corporation sells them.

    SWAC wants to review other proposals for reducing costs of the county's recycling program before they make a recommendation to the Board of County Commissioners. Committee member George Post noted the change goes against one of the five goals of the county's adopted Solid Waste Plan -- Goal 4: minimize tranport of unprocessed materials to the mainland. Loss of local jobs was another of his concerns.

    Brent Snow, Roche Harbor Resort Manager, was involved in drafting the 1996 plan. He suggested balancing the goals. One of the goals involves increasing recycling, since recyclables would not have to be sorted (except for glass) by the user, Roche Harbor would be able to participate more effectively he said.

    An option proposed by Commissioner Rhea Miller would place balers on Orcas and San Juan Islands. This would reduce the rolloff costs . At a June SWAC meeting, Shannon said the county could save the rolloff costs if balers were purchased for the two largest islands. At the time the cost to purchase the two balers was estimated at $120,000 ($60,000 each). At the Dec. 17, 2001 meeting, Huse said the cost to add balers to both islands would be $400,000.

    SWAC will meet Monday, Jan. 14, 2002. The members will discuss other options and whether the decision should wait until after the scheduled update to the Solid Waste Management Plan is completed this year.

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