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<br /> ORDINANCE NO. 2989-07
<br /> AN ORDINANCE creating a special fund, Fund 338, entitled "Solid
<br /> Waste Improvements Fund," to accumulate all design and construction
<br /> costs for Leachate System Improvements, Methane Gas System
<br /> Improvements and related landfill gas and leachate controls, including
<br /> portions of the low permeability barrier, and other projects associated
<br /> with the environmental protection of the Landfill Site
<br /> WHEREAS, the City Council previously found in Ordinance No. 2753-04 that mitigating
<br /> environmental impacts at the City's former landfill ("landfill site") is an appropriate
<br /> function of the City's Solid Waste Management Utility ("Utility") and that once
<br /> environmental impacts are mitigated, the landfill site may become available for other
<br /> possible uses; and
<br /> WHEREAS, in Ordinance No. 2753-04, the City Council authorized the Utility to charge
<br /> the Utility's rate payers for the cost of "activities authorized by law for the construction of
<br /> the Landfill and Tire Fire Site improvement projects" and "specifically including
<br /> mitigation of the old landfill property on 36th Street east of the 1-5 freeway"; and
<br /> WHEREAS, the Utility's statutory authority to undertake the above-referenced activities
<br /> includes, but is not limited to, RCW 35.92.020 and RCW 35.21.152, which state that
<br /> the City has authority to construct, maintain and operate "systems, plants, sites, or
<br /> other facilities" for "solid waste handling"; and
<br /> WHEREAS, RCW 35.21.152 authorizes the City to, among other things, enter into
<br /> agreements with public or private parties to construct, lease, purchase, acquire,
<br /> manage, maintain, utilize, or operate publicly or privately owned or operated solid waste
<br /> handing systems, plants, sites, or other facilities and establish rates and charges for
<br /> those systems, plants, sites or other facilities, as may be determined by the legislative
<br /> authority of the city or town; and
<br /> WHEREAS, RCW 70.95.030 defines "solid waste handling" as "the management,
<br /> storage, collection, transportation, treatment, utilization, processing, and final disposal
<br /> of solid wastes;" and
<br /> WHEREAS, the City's solid waste management plan, prepared and adopted in
<br /> accordance with Chapter 70.95 RCW, was amended in 1995 to take into account new
<br /> laws and regulations affecting the management of waste, especially hazardous waste,
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