Ordinance No. 2023-06 Adopting Composting Procurement Reporting and Usage Requirement (Approved 062723)Page 1 of 3
ORDINANCE NO. 2023-06
AN ORDINANCE of the City of Bainbridge Island,
Washington, relating to adopting a Composting Procurement, Reporting, and Usage Requirement; amending Title 16 of the Bainbridge Island Municipal Code to add Section 16.33.010 regarding Compost Usage, Procurement,
and Reporting.
WHEREAS, the Washington State Legislature recently enacted House Bill 1799, which requires that cities and counties with populations greater than 25,000 shall adopt a compost procurement ordinance to implement RCW 43.19A.120; and
WHEREAS, the purpose of the compost procurement provisions in the new organics management law is to develop and strengthen markets for compost; and
WHEREAS, the population of Bainbridge Island in 2022 was estimated by the Office of Financial Management to be 25,060; and
WHEREAS, local compost manufacturing can play an important role in Bainbridge
Island’s approach to solid waste management; and WHEREAS, composting can benefit Bainbridge Island businesses and residents by diverting organic waste from landfills, reducing solid waste costs, and lowering carbon
emissions; and
WHEREAS, the City of Bainbridge Island wants to perform sustainable practices by purchasing and using local compost that meets state standards and by encouraging others to do so as well.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Section 16.33.010 of the Bainbridge Island Municipal Code is hereby
added to read as follows: 16.33.010 Compost Usage, Procurement, and Reporting
A. Definitions. For the purposes of this section, the definitions set forth in
RCW 43.19A.010 shall apply. B. City departments shall plan for the use of compost in all of the following categories that are applicable to their operations and project types: 1. Landscaping projects;
2. Construction and postconstruction soil amendments;
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3. Applications to prevent erosion, filter stormwater runoff, promote vegetative growth, or improve the stability and longevity of roadways;
and
4. Low-impact development and green infrastructure to filter pollutants or to keep water onsite or both. C. Exemptions. City departments are not required to use compost products if: 1. Compost products are not available within a reasonable time or
distance from the project;
2. Compost products that are available do not comply with existing purchasing standards; 3. Compost products that are available do not comply with federal, state or local health, quality and safety standards; or
4. Compost purchase prices are not reasonable or competitive.
D. City departments shall give priority to purchasing compost products from companies that: 1. Produce compost products locally; 2. Are certified by nationally recognized organization like the US
Composting Council; and
3. Produce compost products that are derived from municipal solid waste compost programs and meet quality standards comparable to standards adopted by the Washington State Department of Transportation or adopted by rule by the Washington State Department of Ecology.
E. City departments that use compost shall report the following information
to the Executive department by December 15 each year: 1. The volume and cost of compost purchased by the city department in that year; and 2. The source or sources of the compost purchased by the city department
in that year.
F. The Executive department is responsible for: 1. Providing technical assistance and education regarding the use of food and yard waste compost to city departments and staff; 2. Conducting educational outreach to inform residents and businesses
about the value of food and yard waste compost and how the city uses
compost in its operations each year; and 3. Reporting the total estimated tons of organic material diverted from the city’s waste stream because of compost use under this section to the City Manager or Designee who will submit to the Washington
State Department of Ecology.
G. By December 31, 2024, and each December 31st of even-numbered years thereafter, the city shall submit a report covering the previous year's compost procurement activities to the Department of Ecology that contains the following information:
1. The total tons of organic material diverted throughout the year;
2. The volume and cost of compost purchased throughout the year; and 3. The source or sources of compost.
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Section 2. Severability. Should any section, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or circumstance, be declared
unconstitutional or otherwise invalid for any reason, or should any portion of this
ordinance be preempted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances.
Section 3. This ordinance shall take effect and be in force five (5) days from its
passage and publication as required by law. PASSED by the City Council this 27th day of June, 2023.
APPROVED by the Mayor this 27th day of June, 2023.
Brenda Fantroy-Johnson, Mayor
ATTEST/AUTHENTICATE:
Christine Brown, MMC, City Clerk
FILED WITH THE CITY CLERK: June 9, 2023 PASSED BY THE CITY COUNCIL: June 27, 2023 PUBLISHED: July 7, 2023 EFFECTIVE DATE: July 12, 2023
ORDINANCE NUMBER: 2023-06