Started by Lopez Solid Waste Disposal District
Jan 8, 2025
Jan 8, 2025
2
Inter Local Agreement Negotiations Update
Jan 8, 2025
Status Report: Lopez Solid Waste Disposal District aka “The Dump”
The Managing Board of LSWDD has consistently acted to support the commitment of the Lopez community to the values of zero waste and local control. As we have attempted to work with the County to renew the original Inter-Local Agreement between our two entities, however, we have raised a number of legal, financial, and operational concerns.
By way of background, LSWDD was formed in 2012 via an inter-local agreement between an appointed Managing Board of Lopez residents and San Juan County. That original agreement was for ten years and was set to expire at the end of 2023. In September of that year, fifteen months ago, the LSWDD Managing Board submitted to the County a draft revision to the original agreement. When the County took no action on our submittal, the San Juan County Council granted a one-year extension to give parties additional time to negotiate.
Unfortunately, LSWDD was not given an opportunity to provide any substantive input to the revision process during most of 2024. It was not until November 19 that the Managing Board received from the County its proposed draft agreement, which contained many elements that were surprises to us. This meant that the first time the LSWDD Managing Board had an opportunity to review the document was during the Thanksgiving holiday stretch, within two weeks of the County’s deadline to sign.
In large part thanks to significant community lobbying, the San Juan County Council approved a three-month extension of the original Inter-local agreement, through March 31, 2025.The proposed new Inter-local Agreement includes substantive legal, financial operational issues to which we take objection and/or do not understand. Below is a summary of our concerns and questions that we just sent to the County to kick off our discussions. We will periodically update you as they progress. In the meantime, you can direct questions and comments to the Managing Board at [email protected]
Thanks to all for your continuing support.
LSWDD Managing Board
•Why does LSWDD exist?
LSWDD exists to provide competent management of the solid waste management needs of Lopez Island. It was also formed in response to the county’s proposal to outsource solid waste management to a private firm that would not be responsive to local needs.
•Why change the existing ILA?
Since 2012, LSWDD has increased capacity along with the growing island population. We have added staff. Our fiscal acumen has allowed us to increase our cash reserves to nearly $400,000. Our annual levy routinely passes by over 80% and was doubled this year to accommodate future costs. We maintain a committed volunteer corps that provides over $100K annually in free labor.
Considering these facts, why make the proposed changes?
•Problems with proposed ILA
Operational
Per founding documents, management of the LSWDD operation is the responsibility of the managing board. This control is specifically delegated to the managing board by the governing board.
As such, managing any safety, noise or regulatory compliance concerns is the managing board’s responsibility, not the governing board nor county staff.
Financial
LSWDD was formed specifically to manage solid waste management for the Lopez community in a self-sustaining manner. Its revenue should be solely dedicated to that goal. The proposed ILA suggests using LSWDD funds to underwrite county-wide projects.
Legal
The managing board disagrees with the governing board/county council over interpretations of law. Specifically:
•Can the county impose a lease on an entity it oversees?
•Can the county invoke rules about preferential treatment of a junior district (limiting county services), when they are in fact the governing body of said district?
•The prosecuting attorney’s opinion is yes to both these questions, as well as to the question of whether the P/A can impartially represent the interests of the managing board. The managing board disagrees and requests the P/A agree to appoint impartial legal representation of the managing board’s (and the Lopez community’s) interests.
LSWDD At-A-Glance
Established June 26, 2012
Staff: 1 full time, 8 part time, 100 + volunteers
2024 Budget: $964,345
Major Revenue Components: (excludes $100K volunteer labor contribution)
•$340K - Garbage Tip Fees
•$105K - Tax Levy
•$100K - Excise Tax
•$50K - Community Donations
•$25K - Recyclable Sale & Tip Fees
•$10K-SW Refuse Tax
Major Expense Components:
•$353K - Labor
•$115K - Tip Fees & Transportation
•$73K - Site Operation and Overhead
•$34K - Taxes, Licenses and SJC Fees
Services Provided:
•Residential and commercial Refuse Disposal
•Appliance Reuse, Decommissioning and Disposal
•FREE Segregated Recycling of plastic, aluminum, cardboard, glass and metal
•FREE Household Paint Disposal
•FREE Household Hazardous Waste Disposal
•FREE Oil and Antifreeze Disposal
•FREE Household Item Reuse via TIOLI
OPEN - 4 days a week (excepting holidays} year round
The Managing Board of LSWDD has consistently acted to support the commitment of the Lopez community to the values of zero waste and local control. As we have attempted to work with the County to renew the original Inter-Local Agreement between our two entities, however, we have raised a number of legal, financial, and operational concerns.
By way of background, LSWDD was formed in 2012 via an inter-local agreement between an appointed Managing Board of Lopez residents and San Juan County. That original agreement was for ten years and was set to expire at the end of 2023. In September of that year, fifteen months ago, the LSWDD Managing Board submitted to the County a draft revision to the original agreement. When the County took no action on our submittal, the San Juan County Council granted a one-year extension to give parties additional time to negotiate.
Unfortunately, LSWDD was not given an opportunity to provide any substantive input to the revision process during most of 2024. It was not until November 19 that the Managing Board received from the County its proposed draft agreement, which contained many elements that were surprises to us. This meant that the first time the LSWDD Managing Board had an opportunity to review the document was during the Thanksgiving holiday stretch, within two weeks of the County’s deadline to sign.
In large part thanks to significant community lobbying, the San Juan County Council approved a three-month extension of the original Inter-local agreement, through March 31, 2025.The proposed new Inter-local Agreement includes substantive legal, financial operational issues to which we take objection and/or do not understand. Below is a summary of our concerns and questions that we just sent to the County to kick off our discussions. We will periodically update you as they progress. In the meantime, you can direct questions and comments to the Managing Board at [email protected]
Thanks to all for your continuing support.
LSWDD Managing Board
•Why does LSWDD exist?
LSWDD exists to provide competent management of the solid waste management needs of Lopez Island. It was also formed in response to the county’s proposal to outsource solid waste management to a private firm that would not be responsive to local needs.
•Why change the existing ILA?
Since 2012, LSWDD has increased capacity along with the growing island population. We have added staff. Our fiscal acumen has allowed us to increase our cash reserves to nearly $400,000. Our annual levy routinely passes by over 80% and was doubled this year to accommodate future costs. We maintain a committed volunteer corps that provides over $100K annually in free labor.
Considering these facts, why make the proposed changes?
•Problems with proposed ILA
Operational
Per founding documents, management of the LSWDD operation is the responsibility of the managing board. This control is specifically delegated to the managing board by the governing board.
As such, managing any safety, noise or regulatory compliance concerns is the managing board’s responsibility, not the governing board nor county staff.
Financial
LSWDD was formed specifically to manage solid waste management for the Lopez community in a self-sustaining manner. Its revenue should be solely dedicated to that goal. The proposed ILA suggests using LSWDD funds to underwrite county-wide projects.
Legal
The managing board disagrees with the governing board/county council over interpretations of law. Specifically:
•Can the county impose a lease on an entity it oversees?
•Can the county invoke rules about preferential treatment of a junior district (limiting county services), when they are in fact the governing body of said district?
•The prosecuting attorney’s opinion is yes to both these questions, as well as to the question of whether the P/A can impartially represent the interests of the managing board. The managing board disagrees and requests the P/A agree to appoint impartial legal representation of the managing board’s (and the Lopez community’s) interests.
LSWDD At-A-Glance
Established June 26, 2012
Staff: 1 full time, 8 part time, 100 + volunteers
2024 Budget: $964,345
Major Revenue Components: (excludes $100K volunteer labor contribution)
•$340K - Garbage Tip Fees
•$105K - Tax Levy
•$100K - Excise Tax
•$50K - Community Donations
•$25K - Recyclable Sale & Tip Fees
•$10K-SW Refuse Tax
Major Expense Components:
•$353K - Labor
•$115K - Tip Fees & Transportation
•$73K - Site Operation and Overhead
•$34K - Taxes, Licenses and SJC Fees
Services Provided:
•Residential and commercial Refuse Disposal
•Appliance Reuse, Decommissioning and Disposal
•FREE Segregated Recycling of plastic, aluminum, cardboard, glass and metal
•FREE Household Paint Disposal
•FREE Household Hazardous Waste Disposal
•FREE Oil and Antifreeze Disposal
•FREE Household Item Reuse via TIOLI
OPEN - 4 days a week (excepting holidays} year round