HomeMy WebLinkAboutAgenda - 06-26-1996 - VIII-E 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
Item No -IE
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 26, 1996
SUBJECT: Renewal of Triangle J Council of Governments (TJCOG) Household
Hazardous Waste Agreement
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DEPARTMENT Public Works PUBLIC HEARING YES NO X
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BUDGET AMENDMENT
REQUIRED YES NO X
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ATTACHMENT(S) INFORMATION CONTACT
Proposed Agreement Wilbert McAdoo, ext 2625
TJCOG Status Report TELEPHONE NUMBER
Hillsborough 732-8181
Chapel Hill 968-4501
Mebane 227-2031
Durham 688-7331
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PURPOSE: To consider renewing an existing agreement among Orange
County, Triangle J Council of Governments (TJCOG) , and other regional
local governments concerning the collection and disposal of household
hazardous waste.
BACKGROUND: In 1994, regional local governments entered into an
agreement whereunder TJCOG arranges for the collection and disposal of
household hazardous waste on behalf of the local governments who are
parties to the agreement . The proposed renewal of this agreement for
the period July 1, 1996 - June 30, 1997 includes essentially the same
provisions as the existing agreement . One change in the renewal
agreement is that the arrangement between TJCOG and participating
governments would renew automatically each subsequent year unless a
party notifies other parties 30 days prior to the end of the agreement
that it wishes to discontinue the agreement . For 1996-97, as in the
past, Orange County' s share of the cost of this program will be covered
with funding from the Landfill Fund administered by the Town of Chapel
Hill on behalf of the County, Chapel Hill, and Carrboro. A status
report on household hazardous waste activities for 1995-96, prepared by
TJCOG staff, is attached for information.
RECOMMENDATION: The Manager recommends that the Board approve renewal
of the agreement with TJCOG, and authorize the Chair to sign.
BETjy LLB �
TRIANGLE J COUNCIL OF GOVERNMENTS 2 ,
AND
THE COUNTY OF CHATHAM, THE COUNTY OF DURHAM, THE COUNTY OF
ORANGE, THE COUNTY OF WAKE,-THE TOWN OF CARRBORO,
THE TOWN OF CHAPEL HILL, AND THE CITY OF DURHAM
CONCERNING
REGIONAL ADMINISTRATION OF HOUSEHOLD HAZARDOUS WASTE
COLLECTION
This AGREEMENT is entered into this lst day of July, 1996 by and between Triangle J Council
of Governments (herein referred to as "TJCOG") and the County of Chatham, the County of Durham,
the County of Orange, the County of Wake, the Town of Carrboro, the Town of Chapel Hill, and the
City of Durham(herein referred to as "the Local Government Parties").
WITNESSETH:
WHEREAS, the Local Government Parties have, pursuant to the provisions of Article 20,
Chapter 160A of the General Statutes of North Carolina,.entered an Interlocal Agreement dated August
8, 1994 for the purpose of arranging regional coordination of collection and disposal of household
hazardous waste; and
WHEREAS, the Local Government Parties engaged TJCOG for the period August 1, 1994 to
June 30, 1996 to provide certain administrative and public education services retarding regional
collection and disposal of household hazardous waste pursuant to the foregoing Interlocal Agreement;
and
WHEREAS, the Local Government Parties desire to continue to engage TJCOG for the
foregoing purpose;
NOW, THEREFORE, in consideration of the mutual goals and covenants contained herein, and
the mutual benefits to result therefrom, the parties agree as follows:
Section 1. Puroose
The purpose of this Agreement is to provide for regional administration and regional public
education for collection and disposal of household hazardous waste within the jurisdictions governed by
the Local Government Parties.
Section 2. Scope of Work
TJCOG agrees to provide the following services:
(A) Coordinate disposal contractor pickup of household hazardous waste stored by Local
Government Parties.
(B) Coordinate communication among the Local Government Parties and'between these parties
and the disposal contractor,including arranging meetings as necessary. _
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(C) Maintain communication with the North Carolina Department of Environment, Health, and
Natural Resources Solid Waste Section and other relevant state or federal agencies and respond to any
permit-related issues-that-may arise. -
(D) Maintain up-to-date recorded information on the regional household hazardous waste hotline
established by TJCOG. Respond to messages left by callers.
(E) Provide educational programs on household hazardous waste for schools, civic clubs, and
other groups.
(F) Distribute printed educational materials on household hazardous waste and continue seeking
other ways to reach targeted audiences.
(G) Maintain a portable, table-top display on household hazardous waste to be used for
educational outreach at area festivals, fairs, and other events.
(I) Produce and place.newspaper ads, write press releases, and encourage media coverage of
the household hazardous waste program.
(I) Provide information to local businesses seeking assistance with disposal of their hazardous
wastes and evaluate the feasibility of accepting hazardous waste from small quantity generators.
(J) Maintain contact with managers of similar programs in other areas. Actively seek out
information that could be used to improve the effectiveness or efficiency of the household hazardous
waste program.
(K) Provide technical assistance to Local Government Parties on regulatory and legislative issues
affecting household hazardous waste management.
(L) Gather information and provide reports to each Local Government Parry regarding
(a) the annual cost of household hazardous waste collection and disposal; (b) the types of materials and
amounts of household hazardous waste collected; (c) the effectiveness of program elements and reporting
systems; and(d) resident opinion regarding the collection program and the educational effort.
(M) Provide the Triangle Region Household Hazardous Waste Committee with staff support,
including meeting room facilities, notices, minutes,progress reports, and technical assistance.
Section 3. Term of Asreement
(A) Unless terminated earlier pursuant to Section 6, this AGREEMENT shall be in effect for a
period of one year beginning July 1, 1996, with automatically extended annual renewal terms at the end
of each successive annual term unless any party notifies the other parties in writing thirty (30) days prior
to the expiration of the term of its desire to terminate this AGREF�N4=,in which case the term shall
end as scheduled.
(B) As a condition precedent to the automatic renewal of this AGREEMENT as provided in
subsection(A),TJCOG shall provide to each of the Local Government Parties not later than sixty(60)
days prior to the expiration of each annual term of the AGREEMENT a report explaining how and to
what extent TJCOG has performed within the current annual term each of the services outlined in Section
`k2 of this AGREEMENT. To the extent reasonably possible, this report shall be specific and quanitative.
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�c C ion 4. Compensation - 4 .
(A) For the services described in Section 2 above, the Local Government Parties agree to pay to
TJCOG the sum of$77,700 per year. _
(B) Payment shall be made to TJCOG according to the following schedule through the following
sources:
Date Chatham Co. Durham Co. Durham City Chapel Hill Wake Co.
By September 30 $ 971.25 $1,165.50 S 3,496.50 $2,331.00 $11,460.75
By December 31 $ 971.25 $1,165.50 S 3,496.50 $2,331.00 $11,460.75
By March 31 $ 971.25 $1,165.50 S 3,496.50 $2,331.00 $11,460.75
By June 30 S 971.25 $1,165.50 $ 3,496.50 $2,331.00 $11.460.75
Total $3,885.00 $4,662.00 $13,986.00 $9,324.00 $45,843.00
(C) The above payment from the Town of Chapel Hill will be on behalf of the Town of Chapel
Hill, the Town of Carrboro, and Orange County.
Section 5. Liability
The parties agree that it is not within the scope of work of TJCOG to ensure compliance of either
the Local Government Parties or the Local Government Parties'private disposal contractor with
applicable federal, state, or local statutes, ordinances, or common law or with private contracts between
the Local Government Parties and private disposal contractors regarding household hazardous waste
collection, storage, or disposal. The Local Government Parties agree to hold TJCOG harmless to the
extent permitted by applicable law for any liability arising out of collection, storage, and/or disposal of
household hazardous waste by the Local Government Parties and/or their private disposal contractors.
Section 6. Suspension or Termination
(A) Any parry may suspend or terminate this AGREEMENT in whole or in part upon sixty (60)
days written notice for cause. Cause shall include the following:
(1) ineffective or improper use of funds;
(2) failure to comply with the terms and conditions of this AGREEMENT;
(3) impossibility or unfeasibility of performance.
(B) Should the separate agreement entitled"Interlocal Cooperative Agreement for Disposal of
Household Hazardous Waste" be terminated pursuant to paragraph 10 of that Agreement, then this
AGREEMENT may be terminated upon consent of all the government parties hereto after thirty(30) days
written notice to the parties to this AGREEMENT. ff
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Section 7. Amendment
This AGREEMENT may be amended upon written consent of all parties hereto after thirty (30)
days written notice; provided,however, that Section 2,Scope of Work, may, upon unanimous consent
of the Triangle Region Household Hazardous Waste Committee(composed of representatives from the
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Local Government Parties pursuant to the Interlocal Cooperative Agreement for Disposal of Household
Hazardous Waste dated August 8, 1994) and TJCOG after thirty (30) days written notice,be amended in
a manner which does not increase the compensation paid under the AGREEMENT or the general
purposes and intent of the AGREEMENT. - —
IN WITNESS WHEREOF, the Board of Delegates of TJCOG has approved and caused these
presents to be signed by its President, and the Board of Commissioners of the Local Government Parties
which are Counties have approved-and caused these presents to be signed by the Chairman of each
Board and attested to by the Clerk of that Board, and the Local Government Parties which are
municipalities have approved and caused these presents to be signed by their respective Mayors or City
Managers and attested to by their Clerics, all in accord with resolutions of the governing Board of each
Local Government Parry spread upon their minutes, the day and year first above written.
TRIANGLE J COUNCIL OF GOVERNMENTS
By:
Charles Krautler, President Attest
This instrument has been reviewed and approved as to legal form and adequacy.
By:
David H. Permar,Attorney
COUNTY OF CHATHAM
By:
Uva Holland, Chairman, Board of Commissioners Attest
This instrument has been reviewed and approved as to legal form and adequacy.
By:
Attorney
This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act.
By: -
i Finance Officer
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COUNTY OF DURHAM -
By:
Becky Heron, Chairman,Board of Commissioners Attest
This instrument has been reviewed and approved as to legal form and adequacy.
By:
Attorney
This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act.
By:
Finance Officer
COUNTY OF ORANGE
By:
Moses Carey, Chairman, Board of Commissioners Attest
This instrument has been reviewed and approved as to legal form and adequacy.
By:
Attorney
This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act.
By:
Finance Officer
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COUNTY OF WAKE_. -
By:
Gary Pendleton, Chairman, Board of Commissioners Attest
This instrument has been reviewed and approved as to legal form and-adequacy.
By:
Attorney
This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act.
By:
Finance Officer
TOWN OF CARRBORO
By:
Robert W. Morgan, Town Manager Attest
'.Sarah Williamson,Town Clerk
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TOWN OF CHAPEL HILL
By:
W. Calvin Horton, Town Manager Attest
Gayle Wilson, Solid Waste Management Director
Town Clerk
This instrument has been reviewed and approved as to legal form and adequacy.
By:
Attorney -
This contract has been pre-audited as required by the local Goverment Budget and Fiscal Control Act.
By:
Finance Director
CITY OF DURHAM
By:
-!Orville W. Powell, City Manager Attest
This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act.
By: e
Finance Officer
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Status Report on Work Done by Triangle J Council of Governments
Pursuant_to Household Hazardous Waste Contract
- FY 95-96
FY 95-96 Scope of Work Items: Status as of 5/15/96:
(A) Design and implement system for • Expect completion by June 30.
scheduling disposal contractor pick-up.
(B) Design uniform system for reporting • Prepared draft;expect completion by June.
materials and amounts collected.
(C) Design and implement uniform system • Prepared drafts and Committee decided on separate
for billing for waste from other gov'ts. billing.
(D) Design and implement system for • Prepared draft;expect completion by June.
reporting cost of collection and disposal.
(E)Coordinate communication between • Did this on a regular basis throughout the year;
local governments and Laidlaw. spent considerable time on engineering invoices.
(F)Coordinate with DEI- R's Solid Waste • Submitted Durham's quarterly applications;revised
Section regarding permit issues that arise. &resubmitted materials required for Durham permit.
(G)Maintain contact with similar • Maintained relationships with'other programs
programs elsewhere. in NC and elsewhere in US.
(H)Provide information to local businesses • Sent information on request.
seeking help with haz waste disposal.
(I) Establish and keep updated a •Set up News&Observer CityLine full menu re HHW;
regional telephone information line. answered voice mail messages for further information.
(J) Provide educational programs for • Designed lesson plans;made presentations;submitted
schools,civic clubs,other groups. articles to civic groups and a realtor association.
(K) Distribute brochures,posters,trashcan • Finalized design and printing and did some
hangers,postcards,flyers. distribution;other distribution delayed until openings.
(L) Design and place newspaper ads,write • Sent out some news releases;set up newspaper ads
press releases,encourage media coverage. &press releases to go once facilities are open.
(M)Prepare portable table-top display • Investigated several options;expect to be completed
for educational outreach at festivals,etc during summer. -
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(N) Design,produce,and release radio • Delayed due to delay-in opening facilities.
public service announcements.
(0)Revise video from Cumberland Co. • Contracted for work;delayed due to delay in
for use in Triangle region. opening facilities.
(P)Report to local governments on program • Delayed due to delay in opening facilities.
and citizen feedback.
(Q) Provide staff support,meeting room, • Did this on a regular basis throughout the year.
notices,minutes,progress reports,and
technical assistance.
Additional work performed:
• Set up first safety training for local government
staff on hazardous waste management.
• Coordinated detailed engineering work,bidding,
and construction in Chatham,Orange,and Wake.
• Purchased aerosol can recycling systems at a
discount for each program.
• Coordinated purchase of safety equipment for
facilities in order to achieve cost savings.
• Designed and purchased banners,refrigerator
magnets,and bus posters.
• Assisted with Orange's proposal for pesticide
container recycling.
• Reviewed&commented on ASTM's draft standards
regarding HHW collection programs.
• Designed forms for weekly inspections and for
rejection of wastes.
• Developed strategy for state legislation imposing fee
on hazardous household items to fund local programs.
I rrtW Budget Summary - Second Contract Period (911195 - 6/30196)
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EXPENSES
Sept - Jan. Proj. Feb. -June Projected Total
Salary 13,318.05 14,840.31 28,158.36
Fringes 2,796.78 3,117.07 5,913.85
Indirect - 11,187.16 12,466.22 23,653.38_
Pub. Ed. - Design 3,906.10 2,000.00 5,906.10
Pub. Ed. - Printing 2,081.84 20,000.00 22,081.84
Pub. Ed. - Phone 0.00 0.00 0.00
Pub. Ed. - Newspapers 0.00 1,426.80 1,426.80
Pub. Ed. - Other' 45.97 10,693.00 10,738.97
Other Copying 28.32 50.00 78.32
Travel, Prof't Devel. 1,261.81 600.00 1,861.81
Aerosol System 0.00 4,587.90 4,587.90
Other Contractual 45.00 0.00 45.00
TOTAL 34,671.03 69,781.30 104,452.33
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Includes the following: video $5,000; display $1,500; magnets $3,943; banners $250.
INCOME
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Contract 77,700.00
Grant (projected) 17,744.72
Carryover 1st contract# 23,179.56 #This figure represents 77,700.00 contract income
23,203.07 grant income
TOTAL 118,624.28 100,903.07 total income
77,723.51 expenses ,
DAISES . 104,452.33 23,179.56
CARRYOVER TO 3RD YR 14,171.95 -
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HHW Budget Projections - Third Contract Period (7/1/96 - 6/30/97)
EXPENSES
Salary 33,421 -
Fringes (21%) 7,018
Indirect (86%) 28,742
Pub. Ed. -Design 3,600
Pub. Ed. - Printing 13,763
Pub. Ed. - Phone 1,200
Pub. Ed. - Newspapers 7,200
Pub. Ed. - Other 8"00 -
Other Copying 100
Travel, Prof'I Devel. 4,200
Other Contractual 400
TOTAL 100,444
INCOME
Contract- 77,700
Grant 8,572
Carryover from FY 95-96 14,172
TOTAL 100-9444
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HHW Expenses - TJCOG
First Contract Period (13 months) $77,723.51 = $5,979/month
Second Contract Period (10 months) $104,452.33* _ $10,445/month
Third Contract Period (12 months) $100,444.00* _ $8,370/month
*projected
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January 24, 1996
MEMO
TO: Chick Krauder -
FR: Judy Kincaid
RE: Hazardous household products disposal fees
This memo summarizes my thinking to date with regard to strategies for implementing a fee to fund
household hazardous waste collection programs. There are two basic approaches that might be
taken toward state legislation to implement such a fee: (1) a fee imposed at the retail level and
(2) a fee imposed directly on manufacturers. Each of these is discussed below.
Fee imposed at the retail level
North Carolina has already adopted legislation that imposes a fee on white goods and tires when
they are purchased from retailers. Revenue from this fee is distributed to each county to assist it in
disposing of white goods and tires, which are not allowed in landfills.
This same approach was taken during the 1993 legislative session in the drafting of a bill, SB 54,
which would have imposed a fee at the point of sale on certain hazardous household items. The
bill was revised in the Local Government and Regional Affairs Committee,but it subsequently died
in the Senate Finance Committee. Some of the difficulties with the bill were the following:
(1) Defining which products were subject to the fee was difficult. The substitute bill
imposed the fee on specific items: swimming pool chemicals, antifreeze, motor oil,
paint solvents and strippers, oil-based paint, pesticides, herbicides, insecticides,
and wood preservatives. The Department of Environment, Health, and Natural
Resources would have been given the authority to exempt specific products based
either on their non-hazardous nature or on their commercial, as opposed to
household, customer base.
(2) The bill also would have imposed a requirement on all counties to establish
household hazardous waste collection programs. Not every county was
interested in doing this.
(3) The North Carolina Retail Merchants Association opposed the bill, since it would
have imposed a burden on its members.
Fee im2gsed on manufacturers
Another approach is to impose the fee on manufacturers of hazardous household products. This
approach was used decades ago when North Carolina began enacting fees on feed, seed, fertilizer,
lime, and pesticide manufacturers to pay for the cost of inspecting these items sold within the state.
These fees could be a model for imposing similar fees on manufacturers of hazardous household
products to pay for the cost of the special disposal programs being established for these hazardous
products.
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To-give you an idea how these current fees work, I have summarized below the feed, seed,
fertilizer, lime, and pesticide fees paid by manufacturers who sell these items in North Carolina.
It�IIl Annual registration fee Additional fee
Feed $3/commercial feed type other 3¢/carton of 48 cans pet food;
than canned pet food; -- _ 12¢/ton on other commercial feed;
10¢/canned pet food type exemption for packages 5 lbs or less;
minimum fee$10/quarter
Seed $5 -$25/retailer, depending upon 20 1container weighing 10 lbs or more
amount of sales; $100/wholesaler
Fertilizer $51brand and grade for packages 25o/ton for amounts sold in packages
over 5 lbs; $30-for packages over 5 lbs; if smaller packages are over
5 lbs or less 100 tons, then 25¢/ton on amounts over
100 tons
Lime $25/packages 10 lbs or less; 10¢/ton; exemption for packages 10 lbs
$5 for other packages or less
Pesticide $30 for each brand or grade, None
- plus $50 on annual gross sales
over $5,000; $25 for less than.
$5,000
Although taking this approach with hazardous household products would not address difficulties
(1) and (2) above, this second approach would have the following advantages over the first
approach:
(1) Imposing the fee at the manufacturer level should eliminate opposition from the
North Carolina Retail Merchants Association.
(2) Many manufacturers of hazardous household products also manufacture items
subject to these existing fees. They are therefore well accustomed to the
rationale and procedures for these fees.
(3) Similar fees on feed, seed, fertilizer, lime, and pesticides have been enacted in
all states but Alaska and Hawaii. There are national associations which have
drafted uniform legislation addressing these fees and which continue to serve
the officials implementing the fees in each state. This could serve as a very
useful model for implementing uniform legislation to finance household
hazardous waste disposal in every state, not just North Carolina. Manufacturers
would be less hostile to uniform legislation than to different legislation coming
from every state.
n3t steps
The next steps are to get approval from the Household Hazardous Waste committee and relevant-
managers to work on developing draft legislation .
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