Flow Control Enforcement
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Public Comments - Comments submitted regarding the Proposed Rules pertaining to Snohomish County solid waste flow control
All solid waste generated in unincorporated areas and within the corporate limits of cities and towns of Snohomish County must be disposed of at a Snohomish County solid waste facility. When solid waste leaves the county and is processed through a non-County owned and operated facility, it results in a significance loss of revenue to the system. This impacts the County's ability to offer solid waste services such as recycling, education and hazardous waste management. In addition, it places an unfair burden of additional costs on the other users of the solid waste system. The Snohomish County Sheriff's Office will be enforcing solid waste disposal throughout the county. By ensuring all waste is directed to a Snohomish County facility, you are contributing to a system that benefits all citizens of Snohomish County.
United Haulers Association, Inc., v. Oneida-Herkimer Solid Waste Management Authority
The U.S. Supreme Court ruled on flow control on April 30, 2007 in the United Haulers Association, Inc., et al. v. Oneida-Herkimer Solid Waste Management Authority. The decision affirmed a law that required all solid waste generated in the area be sent to the "Authorities" sites for processing. The Court rules this did not violate the Commerce Clause of the US Constitution because the processing facilities were owned and operated by a public entity, and that there was a greater benefit to the public from ensuring the sound financing of the system. The Court reaffirmed this decision in Department of Revenue of Kentucky, et al. v. Davis, et ux. on May 19, 2008. It again stated that a governmental function is not susceptible to the standard dormant Commerce Clause
For more information on Snohomish County codes governing solid waste, please see the Snohomish County Code, Title 7. Applicable sections include SCC 7.35.125 Unlawful to Remove Solid Waste From County, and SCC 7.35.140 Unlawful Waste Containers-Lacking Identification.
This map shows the areas within the County that are subject to enforcement of flow control. Areas highlighted in purple stripe are not subject to flow control by Snohomish County.
Violators will be subject to a $250 fine for each violation (fine doubled per repeat violation). In addition, violators will be subject to commercial vehicle use fines outlined in the table below (fine doubled per repeat violation)
Vehicle Weight |
Fine |
|
<5 Tons |
$500 per violation |
|
> 5 Tons and < 10 Tons |
$1000 per violation |
|
> 10 Tons |
$1500 per violation |
For more information on fines and penalties, please refer to Snohomish County Code, Title 7. Applicable sections include SCC 7.35.160 Misdemeanor and SCC 7.35.165 Civil Penalty
Recycle containers with more than 10% garbage included must be disposed of a a County facility. For purposes of flow control, recycling is defined as transforming or remanufacturing materials into usable or marketable materials for use other than landfill disposal or incineration.
For more information please refer to the Snohomish County Solid Waste Comprehensive Plan Section 2, page 46
The easiest way for contractors to comply with flow control is to source separate all waste produced at a construction or demolition site. This can be accomplished by having multiple waste containers at the site clearly labeled with the materials to go in each container. At a minimum the site should have at least two containers, one for recyclable materials, and the other for garbage to be taken to a Snohomish County facility. If there is only one container on the site is shall be interpreted by County staff that it contains garbage bound for processing at a Snohomish County owned and operated facility. Contractors and site managers should be able to give information to County officials, if requested, as to where the recyclable materials are going for processing.
Garbage and debris haulers should educate their customers on the importance of flow control and the penalties associated with non-compliance. Responsible parties should be identified with customers on service contracts.
To locate businesses that will accept recyclable construction/demolition materials (containing less than 10% garbage) please go to https://fortress.wa.gov/ecy/recycle/
For suggestions on job-site recycling please view our CDL recycling pdf