MINUTES OF THE METRO COUNCIL

SOLID WASTE & RECYCLING COMMITTEE REGULAR MEETING

Wednesday, February 6, 2002

Council Chamber

Members Present:  Bill Atherton (Chair), Susan McLain (Vice Chair), Rod Monroe,

     Rod Park

Also present:    

Absent:      David Bragdon

Chair Atherton called the meeting to order at 3:37 p.m.

1.  CONSIDERATION OF THE MINUTES OF THE JANUARY 16, 2002, SOLID WASTE

 & RECYCLING COMMITTEE MEETING

2.  REGIONAL ENVIRONMENTAL MANAGEMENT DIRECTOR’S BRIEFING

Terry Petersen, Director, Regional Environmental Management, reported on an upcoming public meeting to review CSU performance, announced the MetroKids hazardous waste education pilot project which was funded by Metro ENACT (see packet with a This New Year Metro Kids Take on Toxics flyer, three Toxic products information sheets and MetroKids Family Project - Baseline Survey included with the permanent record of this meeting), explained that REM staff is working to address river dredging spoils in coordination with the DEQ, the EPA and the Port of Portland, detailed recent enforcement actions taken for non-compliance, reported Troutdale’s passage of a solid waste tax (see letter to the Executive Officer from the Mayor of Troutdale included in the permanent record of this meeting), and recent decisions of the US Supreme Court regarding flow control. (For more detail, see the copy of the Regional Environmental Management Director’s Updates attached to the permanent record of this meeting).

There was committee discussion regarding the impacts of the Troutdale solid waste tax approval.

3.  Resolution No. 02-3156, For the Purpose of Authorizing the Executive Officer to Execute

 Change Order No. 3 to the Contract for the Operation of the Metro South and Metro

 Central Transfer Stations

Dr. Petersen explained that this resolution would modify Metro’s contract with Browning Ferris Industries (BFI), which is in its fifth year and expires the end of September, for operation of the transfer stations. Negotiations have been concluded to extend the contract to September 30, 2004.

Councilor McLain said DEQ should be aware of the effort to increase the recycling rate in the Metro South area.

Councilor Monroe and Chair Atherton expressed support for the resolution.

Chair Atherton assigned Councilor Monroe to carry the resolution to the council.

4.  Resolution No. 02-3157, For the Purpose of Amending Metro Contract No. 923054 to

 Modify the Scope of Work by Adding Additional Tasks

Dr. Petersen explained that the resolution would combine slope restoration at the St. Johns landfill with excavation of a flood storage basin in the Columbia Slough restoration area by using soil removed from storage basin site as fill for the landfill slope.

Chair Atherton assigned Councilor McLain to carry the resolution to the council.

5.  Update on SWAC System Fee Work Group

Dr. Petersen reported that the subcommittee was working to identify ways the system fee credit program could be modified to increase recovery by targeting high priority materials, and simplifying administration of the program. He said they seemed to be settling on an option that would credit only materials that counted, according to a DEQ list, toward the recovery rate to be eligible for this recovery payment. He added that inerts and rubble were not on the list. He said the committee was also discussing pros and cons of converting the credit program to a “per ton” payment. He noted there were potential pitfalls to that, He said discussion of other issues were ongoing at the subcommittee, including out of region facilities.

Councilor Monroe clarified that the current system was scaled according to percentage of recovery so the credit increased as recovery increased, and the credit did not accrue until they had attained a 35% recovery rate.

Councilor McLain said facilities had different focuses and the committee also needed to know if there were inequities between facilities that were economically based. She said credits should be for hard to get material and making the same payment for simple items and hard items did not make sense. She felt the flat rate per ton did away with some of the facility inequities.

Chair Atherton had heard concern from some that they thought the system was getting too complicated and defeating the purpose.

Dr. Petersen commented that although the ordinance setting up the subcommittee referenced the system fee credit and not the excise tax credit, they may want to make comparable changes in the excise tax recycling program.

Councilor McLain said the subcommittee was doing great work and they were not done. The goals of the committee were to improve the program if it could be improved and to raise the recycling rate if they could, through credits. She said they all wanted to get the most out of the system. She added she had also heard complaints about the current system and she wanted to make it better. Regarding the excise tax credit, she said she could not imagine why they would have two credit programs that did not connect and work together smoothly.

Councilor Monroe said he would carefully review the suggestions of the committee and whether or not they would enhance recovery would be the sole determination of his support or opposition to the changes. He said any changes made to the system fee credit program should certainly reflect an adjustment to the excise tax credit. He said the sunset was removed last year and he saw no reason to reinstate it.

Chair Atherton added that they also should look at ways to reduce the uncertainly in budgetary matters. He felt a targeted recovery system would work in that way.

6.  Update on Proposed RSWMP

Dr. Petersen said the 2002 work schedule had revision of the Regional Solid Waste Management Plan (RSWMP) slated for February. He suggested postponing the revision until later in the year or even to early 2003. He said the current recovery rate is at 51% and state law said it had to be at 62% by 2005. He said that would mean approximately 200,000 more tons from the landfills to comply with the state law. He suggested spending the next year doing a thorough review of the programs and the waste reduction work to see what had been effective before updating the RSWMP. He said the DEQ had agreed that would make sense and they would not hold us to a 2002 revision. Dr. Petersen felt it was important to send a message they were serious about the review of waste reduction work, and that perhaps a resolution to set up the process and direction on the review would be helpful.

Councilor McLain supported this change of direction. She thought the review could find some interesting results.

Chair Atherton asked legal counsel if they would be dealing with an unfunded mandate in this.

Mr. Fjordbeck recalled they would not.

Councilor Park clarified how often they were required to check in with the state.

Dr. Petersen said they were required to do an annual report on a list of programs required by the DEQ, but that there were no specific reporting requirements regarding the timing of an RSWMP revision. He reiterated that the DEQ understood that it made more sense to do the review before the revision.

Councilor Park inquired about the state-wide recovery rate.

Dr. Petersen said that rate was in the mid-30s so our current rate is well above the rest of the state.

Chair Atherton asked if the regional recovery rate included source separated materials.

Dr. Petersen said it did.

7.  Committee Work Plan Finalization

John Houser, Council Analyst, summarized changes made since the committee’s last update. He said it was the Presiding Officer’s intent that all of the committee work plans be presented to council at the February 14^th meeting.

There was committee discussion regarding goals and additions to the work plan, including the flow into the Forest Grove transfer station, service area designations and capacity review, and taking another look at the rate stabilization reserve fund.

8.  Councilor Communications

None.

ADJOURN

There being no further business to come before the committee, Chair Atherton adjourned the meeting at 5:02 p.m.

Prepared by

Cheryl Grant

Council Assistant

Attachments to the Public Record for the

Solid Waste & Recycling Committee Meeting of February 6, 2002:

Testimony Cards:

None.