This compost procurement chapter is created pursuant to Chapter 43.19A RCW. The purpose is to ensure that the city considers the use of compost products in projects, and to then use compost products in projects except when the availability, health, quality, safety, or price-competitive criteria are not met.
(Ord. 2023-652 § 1)
The follow definitions apply for the purposes of this chapter:
"Compost"
means a product created with "composted material" as defined in RCW 70A.205.015(3). "Compost" includes, but is not limited to, 100 percent finished compost or blends that include compost as a primary ingredient. Mulch is considered a "compost" if it contains a minimum of 60 percent composted material. Bark is not a "compost."
"Cost prohibitive"
means a product purchasing cost that exceeds 10 percent of the cost of another product that would serve the same purpose.
"Local" or "locally"
as to compost providers means that such provider is located within a 25-mile radius of the Newcastle city limits.
(Ord. 2023-652 § 1)
A. 
The city shall plan for the use of compost in any of the following categories that are applicable to the departments' operations and project types:
1. 
Landscaping projects;
2. 
Construction and postconstruction soil amendments;
3. 
In accordance with Chapter 13.10 NMC, applications to prevent erosion, filter stormwater runoff, promote vegetative growth, or improve the stability and longevity of roadways; and
4. 
Low-impact development of green infrastructure to filter pollutants or to keep water on site, or both, in accordance with Chapter 13.10 NMC.
B. 
Compost products shall be purchased for use in city projects in which compost is an appropriate material or on city property, provided it is not cost prohibitive to acquire. Procurement costs will include the product cost and all associated transportation and delivery charges.
C. 
Notwithstanding subsections (A) and (B) of this section, the city is not required to use compost products if:
1. 
Compost products are not available within a reasonable time or distance;
2. 
Compost products that are available do not comply with existing purchasing standards;
3. 
Available compost products do not comply with federal or state health, quality, or safety standards; or
4. 
Compost purchase prices are not reasonable or competitive.
D. 
Pursuant to RCW 43.19A.130, the city will strive to purchase an amount of finished compost products equal to or greater than 50 percent of the amount of organic materials the city delivered to its compost processor. This plan will be reassessed each December 31st of even-numbered years, beginning in 2024 and thereafter as part of the reporting obligations in NMC § 14.30.060.
(Ord. 2023-652 § 1)
The city shall give priority to purchasing compost products from companies that:
A. 
Produce compost products locally;
B. 
Are certified by the US Composting Council or an equivalent nationally recognized organization; and
C. 
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.
(Ord. 2023-652 § 1)
The city shall conduct educational outreach to inform residents about the value of compost and how the city uses compost in its operations each year.
(Ord. 2023-652 § 1)
By December 31, 2024, and each December 31st of even-numbered years thereafter, the city shall submit a report covering the previous year's compost procurement activities to the Washington State Department of Ecology that contains the following information:
A. 
The total tons of organic material diverted each year;
B. 
The volume and cost of compost purchased each year; and
C. 
The source(s) of the finished compost product purchased.
(Ord. 2023-652 § 1)