003-23 - Ordinance - Adopting Chapter 1.32 Compost Procurement PoliciesDocuSign Envelope ID: 9594026E-25CE-4BDA-9807-388094F51EE5
ORDINANCE NO. 003-23
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
PERTAINING TO ORGANIC MATERIALS MANAGEMENT;
ADOPTING PORT ORCHARD MUNICIPAL CODE CHAPTER 1.32,
ESTABLISHING THE CITY'S COMPOST PROCUREMENT POLICIES;
PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING
AN EFFECTIVE DATE.
WHEREAS, in March 2022, House Bill 1799 was signed into Washington law, requiring the
diversion of organic materials away from landfill disposal and towards food rescue programs and
organics management facilities to reduce methane emissions as landfills are a significant source
of methane emissions; and
WHEREAS, as more organic materials are diverted and recycled, it is critical that the
compost manufactured be procured by local jurisdictions and others to support the economic
viability of these processes and programs; and
WHEREAS, HB 1799 encourages most cities and counties in Washington to adopt a
compost procurement ordinance by January 1, 2023; and
WHEREAS, the City Council finds that the compost procurement policies set out in this
ordinance, developed pursuant to the requirements of HB 1799, are in the best interest of the
City and its residents; now, therefore
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Adoption. A new Chapter 1.32 entitled "Compost Procurement" is hereby
added to the Port Orchard Municipal Code to read as follows:
Chapter 1.32
COMPOST PROCUREMENT
1.32.010
Definitions.
1.32.020
General Policy.
1.32.030
Local Purchasing.
1.32.040
Education.
1.32.050
Reporting.
1.32.010 Definitions. The follow definitions apply for the purposes of this chapter:
"Compost" means a product created with "composted material" as defined in RCW
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Ordinance No. 003-23
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70A.205.015(3). "Compost" includes, but is not limited to, 100% finished compost or blends that
include compost as a primary ingredient. Mulch is considered a "Compost" if it contains a
minimum of sixty percent composted material. Bark is not a "Compost".
"Cost prohibitive" means a product purchasing cost that exceeds 10% of the cost of
another product that would serve the same purpose.
"Local" or "locally" as to compost providers means that such provider is located within a
25-mile radius of the city limits of Port Orchard.
1.32.020 General Policy.
A. Port Orchard shall plan for compost use in the following categories:
1. Landscaping projects;
2. Construction and postconstruction soil amendments;
3. Applications to prevent erosion, filter stormwater runoff, promote
vegetative growth, or improve the stability and longevity of roadways; and
4. Low -impact development of green infrastructure to filter pollutants or to
keep water onsite, or both.
B. Compost products shall be purchased for use in City projects in which compost is an
appropriate material or on City property, provided it is not cost prohibitive to acquire.
Procurement costs will include the product cost and all associated transportation and delivery
charges.
C. Port Orchard is not required to use compost products if:
1. Compost products are not available within a reasonable period of time or
distance;
2. Compost products that are available do not comply with existing
purchasing standards;
3. Available compost products do not comply with federal or state health,
quality, or safety standards; or
4. Compost purchase prices are not reasonable or competitive.
D. Pursuant to RCW 43.19A.130, Port Orchard will strive to purchase an amount of
finished compost products equal or greater than fifty percent of the amount of organic materials
the City delivered to the compost processor. This plan will be re -assessed each December 31st of
even -numbered years, beginning in 2024 and thereafter as part of the reporting obligations in
POMC 1.32.050.
1.32.030 Local Purchasing. Port Orchard will purchase finished compost products
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Ordinance No. 003-23
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from companies producing compost locally, are certified by a nationally recognized organization,
such as the U.S. Composting Council, and produce finished compost products derived from
municipal solid waste compost programs while meeting quality standards adopted by the
Department of Transportation or adopted by rule by the Department of Ecology. If locally
produced compost is not available, compost shall be sourced from outside the region, with
preference given to products sourced as close as possible to Port Orchard. Proof that locally
produced compost was not available at the time of purchase or was cost -prohibitive shall be
documented.
1.32.040 Education. Port Orchard shall conduct educational outreach to inform
residents about the value of compost and how the jurisdiction uses compost in its operations
each year.
1.32.050 Reporting. By December 31, 2024, and each December 31st of even -
numbered years thereafter, Port Orchard shall report the following information to the
Department of Ecology:
A. The total tons of organic material diverted each year;
B. The volume and cost of compost purchased each year; and
C. The source(s) of the finished compost product purchased.
Section 2. Severability. If any section, subsection, sentence, clause, phrase or other
portion of this Ordinance or its application to any person is, for any reason, declared invalid,
illegal or unconstitutional in whole or in part by any court or agency of competent jurisdiction,
said decision shall not affect the validity of the remaining portions hereof.
Section 3. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this Ordinance,
including but not limited to the correction of scrivener's/clerical errors, references, Ordinance
numbering, section/subsection numbers, and any reference thereto.
Section 4. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
Section S. Effective Date. This Ordinance shall be effective five days after publication
as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 14t" day of February 2023.
DocuSign Envelope ID: 9594026E-25CE-4BDA-9807-388094F51 EE5
Ordinance No. 003-23
ATTo ESTi9ned by:
r6fVAAJAJe 0JdLV),
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
DocuSigned by:
Charlotte A. Archer, City Attorney
PUBLISHED: February 17, 2023
EFFECTIVE DATE: February 22, 2023
DocuSigned by:
F45BBBG63F4B9...
Mark Trenary, Mayor Pro -Tern
SPONSOR:
Scott Diener, Councilmember
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