Interlocal Agreement with City of Winlock for sponsorship of a dual tank, residential used oil collection system BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: )
Approving Interlocal Agreement between Lewis )
County and the City of Winlock for sponsorship ) RESOLUTION NO. 18- i l 1
of a dual-tank, residential used oil collection )
system and endorsing signatures thereon
WHEREAS, Chapter 39.34 RCW, the Interlocal Cooperation Act, provides for interlocal
cooperation between governmental agencies to make the most efficient use of their powers by enabling
them to cooperate with other localities on a basis of mutual advantage; and
WHEREAS, the parties, Lewis County and the City of Winlock, desire to enter into an interlocal
agreement in which the City of Winlock agrees to sponsor a dual-tank, used oil collection system for
Lewis County, thereby encouraging used oil recycling among residential customers in Winlock; and
WHEREAS, this interlocal agreement may be terminated by either party giving the other party thirty
(30) days written notice and upon termination of an agreement, Lewis County shall remove all equipment
located at the used oil collection site, within 185 days, at a time convenient to the County; and
WHEREAS, the Mayor of Winlock and the Lewis County Public Works Director have signed the
Interlocal Agreement for a Residential Used Oil Collection Tank in the City of Winlock (attached as
Exhibit A) and the Lewis County Public Works Director recommends that the Board of County
Commissioners (BOCC) ratify execution of this Agreement.
NOW, THEREFORE BE IT RESOLVED that the BOCC has determined that executing the
Interlocal Agreement with the City of Winlock for the purpose of sponsoring a remote used oil collection
site for Lewis County is in the best public interest and hereby endorses the Interlocal Agreement signed
by the Lewis County Public Works Director and Mayor of Winlock.
DONE IN OPEN SESSION this 2nd day of April, 2018.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan L. Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
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By. aeputy • •secuting Attorney Edn. J. Fund, Char
ATTEST: Robert J. Jackson, Vice Chair
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Rieva Lester, Clerk of the C \ ,Gary Stam er, ommissioner
Board of County Commission/ i °®
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EXHIBIT "A"
(Interlocal Agreement with the City of Winlock for a Residential Used Oil Collection Tank
to be sited within the limits of the City of Winlock)
INTERLOCAL AGREEMENT
FOR A RESIDENTIAL USED OIL COLLECTION
TANK IN THE CITY OF WINLOCK
THIS AGREEMENT is made and entered into on the later of the dates of signature
inscribed at the foot hereof:
By and between—
Lewis County, a Washington municipal corporation, % Erik Martin, Lewis County
Director of Public Works,2025 NE Kresky Avenue, Chehalis, Washington 98532;
And—
City of Winlock, a Washington municipal corporation, % Don Bradshaw, Mayor,
PO. Box 77, Winlock,Washington 98596.
WITNESSETH:
WHEREAS Lewis County, by and through the Lewis County Public Works Department,
Solid Waste Disposal Division (hereinafter referred to as the "County") and the City of Winlock
(hereinafter referred to, variously, as the "City" and as the "Site Sponsor") wish to encourage used
oil recycling by residential customers and the Site Sponsor is willing to assist the County in this
effort,and
WHEREAS Chapter 39.34 of the Revised Code of Washington authorizes public agencies
to contract with one another to perform services and activities that each such public agency is
authorized by law to perform,and
WHEREAS both the City and the County have determined that it is in their best interest to
enter into this Agreement,
THEREFORE,the parties agree as follows:
AGREEMENT:
1. The Site Sponsor grants permission to the County to place two(2)280-gallon double walled
UL approved Steel collection containers (hereinafter referred to as "tanks") inside a retro-
fitted 20-foot shipping container with containment wall on the site located at 712 Dexter
Avenue in Winlock. The containers shall be permanently attached inside of a retrofitted 8-
foot x 20-foot shipping container, with a separate side access door for each tank capable of
being locked once a tank is full. The County, shall maintain ownership and responsibility
for the used oil throughout the collection process.
2. The City shall:
A. Provide minor clean-up of the container and adjacent site on an as needed
basis. In the course thereof it shall remove litter and debris from near proximity
of the tank, and wipe container of spilled oil. Lewis County shall have no
responsibility with respect to the condition of the premises prior to the container
being placed.
B. Adhere to policies and practices listed in the Spill Management/Prevention Plan,
described in Exhibit A.
C. Monitor used oil volumes using the provided gauge and give Lewis County, 10
working days' notification prior to the time that the container reasonably may be
expected to become full, so that the County may test and remove waste oil with
minimum interruption of service.
D. Report any problems related to the used oil collection program, including
vandalism; and provide any information, as needed to Lewis County Solid Waste
personnel. In the event of an oil spill resulting from a rupture or failure of the
collection tank, the site sponsor shall call 911 forthwith, but in no event more than
30 minutes from the time of first knowledge of the spill. TIME SHALL BE OF THE
ESSENCE.
E. Have the container accessible to the general public and notify the Solid Waste
Division when the tank nears 85%,or if there has been a spill requiring notification.
F. Notify the Solid Waste Division when the supply of any publicity pamphlets which
may be supplied by the County needs to be restocked.
3. Lewis County shall:
A. County will clear space at the site for placement of a gravel pad provided by the
County. A retrofitted cargo container holding two tanks for used oil collection will
sit on the gravel pad. A ramp or steps for access to each tank will also be installed.
The County will ensure that the site for the cargo container is large enough for the
oil recycler's truck to enter the site and collect the used oil.
B. County will provide a containment around the inside edge of the cargo container
holding the oil tanks.;
C. Provide the two oil collection containers(maximum capacity of 280 gallons each)to
be placed in the retrofitted cargo container for the said site.
D. Supply a Spill Response Kit and one 32-gallon drum or can to hold contaminated
soil/absorbent material in the event of a spill.
E. Provide a receptacle and adequate bags for containment of debris that accumulates
around the area.
F. Respond to problem conditions in a timely fashion.
G. Provide needed mechanical maintenance to the containers and waste oil tanks.
H. Contract for the proper disposal of the used oil collected at this site. All proceeds
from such disposal (if any) will be retained by the County. The County shall retain
oil pumping receipts any time the tank has been pumped.
I. County will be responsible for all required signage at the site, as follows: providing
identifying decals for the collection containers and information as to what
constitutes acceptable used oil as required in Chapter 212-51 WAC.
J. The County may, at any time during the course of this Agreement, elect to provide
Site Sponsor with publicity pamphlets.
K. In the event of a rupture or failure of a container, which results in a spill of used oil,
the County shall clean up and decontaminate the site, and shall hold the site sponsor
harmless from liability resulting from the spill. A county contact telephone number
and a 24-hour telephone number for spills will be provided to the City.
4. The County shall install all tanks and related equipment within 185 days following date
upon which both parties' governing bodies have ratified this Interlocal Agreement, and it
has been recorded with the Lewis County Auditor's Office. Pursuant to RCW
39.34.030(4)(b), the parties agree that the real property upon which the tanks are to be
located shall remain the sole property of the City of Winlock, along with any of the City's
personal property used in conjunction with its fulfillment of this Agreement. The shipping
container, the tanks, and all other personal property to be supplied by the County shall
remain the sole property of the County.
5. This agreement may be terminated by either party giving the other party thirty (30) days
written notice thereof. Upon the termination or expiry of this Agreement the County shall
remove its building and its tanks and other equipment at such time as may be convenient to
it,within the following 185 days.
6. In consideration of the mutual benefits to the parties of this agreement, it is further agreed
that the terms, benefits, and enforcement procedures recited therein shall be available to the
State of Washington Department of Ecology.
7. All records required to be kept under this agreement shall be retained for a period of time of
no less than five years from the date of any financial payment made by the Department of
Ecology.
8. The terms of this agreement shall remain in effect until amended, modified, or cancelled by
mutual agreement of the parties hereto, or until it has been terminated pursuant to the
provisions of#4#5 above.
9. This agreement shall be executed in triplicate original counterparts.
10. All notices which either party may wish to tender to the other pursuant to this Agreement
shall be sent to the addresses set out on page 1 hereof. However, the City shall tender
advice regarding the need to empty the tanks either in person at the Solid Waste Utility
Division at 1411 South Tower Avenue in Centralia, or by telephone to (360) 740-1451.
The joint board responsible for administering the cooperative undertaking created by this
Agreement pursuant to RCW 39.34.030(4)(a) shall comprise the persons who at any point
in time hold the offices of Mayor of the City of Winlock, and Director of the Lewis County
Department of Public Works.
11. Each party warrants that its governing body has ratified this Interlocal Agreement by
Resolution, and that in such Resolution it has authorized the person identified below to sign
this Interlocal Agreement on its behalf.
11A. Entire agreement. This Agreement:
a. (a)contains the entire understanding of the parties with respect to the subject
matter covered,
b. (b) supersedes all prior and contemporaneous understandings, and
c. (c)may only be amended in a written instrument signed by the parties.
12. The City shall assist Lewis County to fulfill all obligations of the County under the
Washington Public Records Act(chapter 42.56 of the Revised Code of Washington).
a. The City recognizes that under that Act, the County has a duty to provide third parties with
access to all documents (defined broadly), "containing information relating to the conduct
of government," and that this obligation extends to documents in the sole possession of the
City used by it and/or by the County for purposes relating to this Agreement.
b. In the event that Lewis County notifies the City that it has received a demand for one or
more documents which the County is has not been able to locate in its files, and that the
County is obliged to release those documents pursuant to the Public Records Act, then, if
those documents(or any of them)are in the possession of the City,it shall provide copies of
those documents to Lewis County within five business days; or, within five business days,
The City shall notify the County of when, acting with all reasonable haste, it will be able to
provide the County with copies of those documents. The City then shall actually provide
copies of those documents to the County by such date.
c. In the event that the City fails to fulfill its obligations pursuant to this section, and due in
whole or in part to such failure a court of competent jurisdiction imposes a penalty upon
Lewis County for violation of the Public Records Act, The City shall indemnify Lewis
County for that penalty, as well as for all costs and attorney fees incurred by the County in
the litigation giving rise to such penalty.
d. The obligations created by this section shall survive the termination of this Agreement.
e. The obligations created by this section shall be reciprocal, in the event that the City notifies
the County that it has received a demand for one or more documents which the City is has
not been able to locate in its files, and that the City is obliged to release those documents
pursuant to the Public Records Act
13. Arbitration: Any dispute between the parties arising out of or relating to this Agreement
shall be resolved through mandatory arbitration in Tacoma, Washington pursuant to the
arbitration rules of the Washington Arbitration and Mediation Service ("WAMS"), before
an arbitrator selected pursuant to those Rules.
14. Choice of law and venue. This Agreement is made in Chehalis, Washington. It shall be
construed in accordance with the laws of the State of Washington (excluding Washington's
choice of law rules) and of the United States of America. Any action to enforce any rights
or obligations created by this Agreement or to construe this Agreement shall be brought in
the Superior Court of Washington for Lewis County in Chehalis, or in the United States
District Court for the Western District of Washington in Tacoma.
15. Survival of Agreement. This Agreement shall be binding upon and inure to the benefit of
the parties hereto and all of their respective heirs, successors, and (to the extent assignment
is permitted by this Agreement) their assigns. The terms, conditions, and warranties
contained in this Agreement that by their sense and context are intended to survive the
completion of the performance, cancellation, or termination of this Agreement shall so
survive.
16. Severability. If any provision of this Agreement is found to be contrary to law or public
policy, or is declared null and void by a court of competent jurisdiction, the remaining
provisions shall remain in full force and effect and binding upon the parties.
17. Waiver. Waiver of any default or breach shall not be deemed to be a waiver of any
subsequent default or breach. Any waiver shall not be construed to be a modification of the
terms of this Agreement unless stated to be such in writing and signed by the parties hereto
or by their authorized representatives.
18. Assignment and delegation. Neither party may assign any benefit nor delegate any duty
provided for, anticipated, or arising out of by this Agreement without the prior express
written consent of the other party.
19. Rules of interpretation. No provision of this Agreement shall be interpreted for or against a
party because that party or its legal representative drafted that provision,and this Agreement
shall be construed as if jointly prepared by the parties.
20. Headings. In this Agreement paragraph headings appear for convenience of reference only,
and they shall not be used or considered in construing the terms hereof.
IN WITNESS WHEREOF the parties hereto have executed this agreement on the dates
indicated below.
LEWIS COUNTY SOLID WASTE CITY OF WINLOCK
By:_ By: Vl,t
En Martin Don Bradshaw
Lewis County Public Works Director Mayor
Date: 3 /p Zo f Date: 3- 1 3 / c
Approved as to both form and substance by:
fv1
�v z4
&nie Civil Deputy Prosecuting Attorney
Date: yee_igdati
EXHIBIT A
Lewis County-City of Winlock
Spills Management and Prevention Plan(SMAPP)
Purpose
It is in the interest of Lewis County and the City of Winlock to provide facilities for the safe
collection of used motor oil. The City of Winlock and the Lewis County Department of Public
Work's Solid Waste Division enter into an agreement to cooperatively provide facilities to collect
used motor oil. This SMAPP plan is designed to minimize opportunities for spills of used oil from
collection containers and to detail actions to be taken in the event of accidental releases of used oil.
Prevention
Two hundred and eighty (280) gallon, double-walled steel, and underwriter laboratory-approved
tanks will be sited in the City of Winlock, located in Lewis County, as a collection facility for
Lewis County residents' used motor oil. The tanks will be placed inside a retro-fitted 20' storage
container with lockable doors that will set on a gravel pad with steps or a ramp for ease of access.
The Solid Waste Division will provide absorbent material in an onsite Spill Kit to be used in the
event of accidental spills. An empty 32-gallon drum will be provided to put contaminated
soils/absorbent material into. The collection tank is to be located a minimum of 50 feet from the
nearest storm drain, or otherwise uphill from any possible spill flow. This distance will allow for
timely interdiction should spills occur. Storm drains located in the parking lot, or any that may be
downstream from the oil tanks,will be covered and bermed should spills occur.
City of Winlock employees will be responsible for light maintenance of the used oil tanks on an as
needed basis. Light maintenance includes wiping the top and sides of the tank of any spilled oil.
City of Winlock employees will monitor the volumes weekly depending on history of usage. When
the tank nears 85%, an employee from the City of Winlock will inform the Solid Waste Division at
360-740-1451 that the tank is nearly full.
Spills Management
In the event of a spill, city personnel are to immediately contact Lewis County personnel. A spill is
defined as an amount of oil that could potentially enter the storm system without immediate
intervention. Incidental spills are to be contained as soon as is reasonably practical by City of
Winlock employees.
If a significant oil spill occurs, City of Winlock employee will immediately place absorbent
material on the free flowing oil. Additionally, the nearest storm drain will be covered to prevent
any residual oil from entering the system.
Lewis County Public Works Department, Solid Waste Division, will be notified at 360-740-1451
once the initial containment has commenced. Solid Waste personnel will respond within one hour
in the greater Centralia/Chehalis area, and three hours in the rural (remote) areas to clean-up
residual spilled materials. Lewis County will be responsible for proper disposal of spilled waste oil
material.
A major breach of the waste oil tank will be handled as an emergency. In this event,the local Fire
District# 15 shall be called immediately.
Fires
Waste oil is not readily ignitable. There is a potential for solvents to be added to the waste oil tank,
which increases the ability of the waste oil to combust. In the event that the contents of the waste
oil tank are ignited,the local Fire District# 15 will be called immediately.
Full Tank
The site will contain two tanks. Once a tank has been filled, city workers will secure the full tank
by closing the door and securing it with the provided lock. The site sponsor will notify Lewis
County Solid Waste immediately at 360-740-1451 that the tank is full. The Hazardous Waste
Coordinator will collect a sample from the tank and send the sample to an approved lab for
analysis. Once the lab results determine that the used oil is safe to recycle, the Hazardous Waste
Coordinator will contact the contractor to pump the used oil. The door on the now empty tank will
remained locked until the other tank is full.
BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: Apr 02, 2018
Suggested Wording for Agenda Item: Agenda Type: Consent
Ratifying Interlocal Agreement Between Lewis County and the City of Winlock for Sponsorship of a Remote
Used Oil-Collection System and Authorizing Signatures Thereon
Contact S Skinner, ext. 1403 Phone: Ext. 2697
Department: Public Works
Action Needed: Approve Resolution
Description
The City of Winlock desires to have used oil collection for residential purposes available for its citizens.
Pursuant to 39.34 RCW, which authorizes public agencies to contract with one another, an Interlocal Agreement
for a Residential Used Oil Collection Tank(attached as Exhibit A)has been signed by the Lewis County Public
Works Director and the Winlock Mayor. The agreement allows for Lewis County to place a dual-tank, used oil
collection container inside a 20-foot shipping container with containment wall at 712 Dexter Avenue in
Winlock.
The dual-tank collection system complies with Washington State Engrossed Bill 6501 regarding the prevention
of contaminants, such as polychlorinated biphenyls(PCBs), from getting into waste oil collection sites. The
interlocal agreement describes the responsibilities of each party and may be terminated by either party after 30
days written notice. When the agreement has been terminated, Lewis County will remove all equipment located
at the site,within 185 days,at a time convenient to the County.
Approvals:
User Group Status
Amrine,Kim Public Works Pending
Skinner, Steve Public Works Pending
Martin, Erik Public Works Pending
Additional Copies
Steve Skinner, Donna Zuber,Kim Amrine