ORD 23-945 - Relating to Procurement of Compost ProductsORDINANCE NO.23-945
AN ORDINANCE of the City of Federal Way, Washington, relating to
procurement of compost products.
WHEREAS, in 2022, Washington state enacted House Bill 1799, Chapter 180, Laws of 2022
("Organics Management Law"), which included a requirement for cities to adopt a compost
procurement ordinance; and
WHEREAS, use of compost products supports waste reduction and climate protection
policies established in the 2019 Comprehensive Solid Waste Management Plan which was approved
and adopted by the City via Resolution 19-771; and
WHEREAS, the City will endeavor to procure high -quality compost products for use in City -
funded projects and maintenance, as appropriate for specific project needs, and will track and report
on compost procurement in accordance with the Organics Management Law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Compost Defined. For the purposes of this ordinance, unless the context clearly
requires otherwise, "compost" means a product created with "composted material" as defined in
RCW 70A.205.015(3). "Compost" includes, but is not limited to, one hundred percent finished
compost or blends that include compost as a primary ingredient. Mulch is "compost" if it contains a
minimum of sixty percent composted material.
Section 2. Planning and Use Requirements. Before issuance of a solicitation for bids or
proposals for partially or fully government -funded projects, the City shall identify whether compost
can be utilized. In the event that compost can be utilized, the City shall specify purchase of compost
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for use in the project.
The City shall plan for the use of compost in any of the following categories that are
applicable to the City's operations and respective project types:
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 and green infrastructure to filter pollutants or keep water onsite
or both.
Section 3. Exceptions. The City is not required to use compost products if:
1. Compost products are not available within a reasonable time;
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, and/or cannot be guaranteed or warrantied by the producer to be
free of weeds and/or weed seed; or
4. Compost purchase prices are not reasonable or competitive.
Section 4. Purchasing Priority. Departments shall give priority to purchasing compost
products from companies that:
1. Produce compost products locally;
2. Are certified by the United States Composting Council or an equivalent nationally
recognized organization; and
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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.
Section 5. Reporting. City Departments that use compost shall report the following
information to the Public Works Director or designee by December 1 of each year:
1. The volume and cost of compost purchased by that Department in that year; and
2. The source or sources of the compost purchased by that Department in that year.
The Public Works Department is responsible for compiling and submitting a report to the
Washington State Department of Ecology by December 31, 2024, and each December 31 of even -
numbered years thereafter, with the following information:
1. The total tons of organic material diverted each year;
2. The volume and cost of compost purchased in that reporting period by the City; and
3. The source or sources of the compost purchased by the City pursuant to this Ordinance in
that reporting period.
Section 6. Education. The Public Works Department shall develop strategies to inform
residents about the value of compost and how compost is used in City operations. These strategies
shall align with regional outreach programs included in the Comprehensive Solid Waste
Management Plan.
Section 7. Seyerability. Should any section, subsection, paragraph, sentence, clause, or phrase
of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid
for any reason, such decision shall not affect the validity of the remaining portions of this ordinance
or its application to any other person or situation. The City Council of the City of Federal Way
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hereby declares that it would have adopted this ordinance and each section, subsection, sentence,
clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 8. Corrections. The City Clerk and the codifiers of this ordinance are authorized to
make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 9. Ratification. Any act consistent with the authority and prior to the effective date of
this ordinance is hereby ratified and affirmed.
Section 10. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this 17th day of January, 2023.
[signatures to follow]
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CITY OF FEDERAL WAY:
ATTEST:
S PH NIE COURTNEY, CV CITY CLERK
APPROVED AS TO FORM:
�C= . RYAN CALL, ClTTORNEY
FILED WITH THE CITY CLERK: 12/28/2022
PASSED BY THE CITY COUNCIL: 01/17/2023
PUBLISHED: 01/20/2023
EFFECTIVE DATE: 02/16/2023
ORDINANCE NO.: 23-945
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