Chapter 8.04 GARBAGE COLLECTION AND DISPOSAL

The purpose of this chapter is to provide for health and sanitation within the city by providing for and regulating the collection, removal and disposal of garbage and refuse, establishing charges for garbage collection and disposal, the manner and time for payment of said charges, establishing a lien against the property for which the garbage collection service is rendered, and providing penalties for violation of this chapter. (Ord. 1539 § 1, 2004; Ord. 1346 § 2, 1997).

8.04.020 Definitions.

For the purpose of this chapter, the following definitions are applicable:

A. “Alley” means any public or private way giving access to the rear of lots or buildings.

B. “Bulky waste” means large items of waste, such as furniture and other oversized wastes that would typically not fit into garbage carts.

C. “City” means the city of Burlington, Skagit County, Washington.

D. “City service area” means the portion of the city subject to the contract for collection services. The city service area will be the corporate limits of the city.

E. “Collection fee component” means the portion of the monthly service fee for a particular level of service that is related to the capital, operating and management costs of operating the contractor’s fleet, but not disposal costs.

F. “Commercial customer” means any business, institution or industrial site within the city. Multifamily residences are considered commercial customers for the purpose of this contract.

G. “Contract” means the city of Burlington agreement for solid waste collection services.

H. “Contractor” means current contracted provider.

I. “Curbside” means the area on residential property, within five feet of the public street without blocking sidewalks, driveways or on-street parking. For residential property currently receiving garbage pickup in an alley accessible by collection vehicles, “curbside” may be considered to be in the current alley location and within five feet of the edge of the alley. If extraordinary circumstances preclude such a location, “curbside” will be considered a placement suitable to the residential property and convenient to the contractor’s equipment and approved by the city public works director, or designee.

J. “Disposal site” will mean the area designated by the city for the disposal of garbage.

K. “Drop-box container” means an all-metal container with a 10-cubic-yard or more capacity that is loaded onto a collection vehicle, transported to a disposal site, emptied and transported back to the customer’s site.

L. “Garbage” means all mixed putrescible and nonputrescible solid and semisolid wastes including, but not limited to: mixed discards, rubbish, ashes, industrial wastes, demolition and construction wastes, swill and sewer plant screenings; provided, however, that “garbage” does not include industrial by-products, source-separated recyclable materials that have been separated from other wastes by the generator, sewage sludge, septage, abandoned vehicles or appliances.

M. “Garbage cart” means a city public works director approved, contractor-owned and contractor-provided container for the purpose of collecting garbage.

N. “Hazardous waste” means any waste material included in the State of Washington Department of Ecology Dangerous Waste Regulations, chapter 173-300 WAC.

O. “High density units” means a residential structure containing six or more dwelling units.

P. “Multiple-family or multifamily unit” means a residential structure containing two to five dwelling units. Each dwelling within a multifamily unit will be charged as a “single-family unit.”

Q. “Person” means every person, firm, partnership, association, institution or corporation in the city accumulating garbage requiring disposal. The work will also mean the occupant and/or the owner of the premises for which services herein mentioned is rendered.

R. “Public works director” means an official of the city holding that office, or its designated representative.

S. “Recycling contract” means city of Burlington contract No. 2003-28 to provide residential collection, processing and marketing of curbside recyclables and curbside yard waste from April 1, 2003, to March 31, 2009.

T. “Recycling coordinator” means the public works director for the city of Burlington, Skagit County, Washington.

U. “Service fee” means the sum of the collection fee component and disposal fee component charged to the customer for a particular level of service, including applicable taxes and fees.

V. “Single-family” means a residential structure containing not more than one dwelling unit.

W. “Solid waste coordinator” means the public works director for the city of Burlington, Skagit County, Washington. (Ord. 1539 § 1, 2004; Ord. 1346 § 3, 1997).

8.04.030 System – Use required.

It is compulsory that all property owners and occupants of premises shall use the garbage collection and disposal system as provided or contracted by the city and shall dispose of their garbage and refuse as provided in this chapter and the charges to be made therefor shall be universal and compulsory. (Ord. 1539 § 1, 2004; Ord. 1346 § 4, 1997).

8.04.040 System – Administration.

The city shall provide for and administer the collection, removal and disposal of garbage and refuse within the city either through direct services or contractual agreement and said system shall be administered by the public works department, subject to the approval and direction of the city council. (Ord. 1539 § 1, 2004; Ord. 1493 § 1, 2002; Ord. 1346 § 5, 1997).

8.04.050 Carts – Materials, construction, use and maintenance.

A. The carts required to be kept and utilized pursuant to this chapter shall be watertight carts with attached lids and will be provided by the contracted solid waste and recycling collection provider as defined by the city.

B. Carts shall be kept in a sanitary condition with the outside thereof clean and free from accumulating grease and decomposing materials. Each cart shall be kept in a place accessible to the collector of garbage and refuse. (Ord. 1539 § 1, 2004; Ord. 1346 § 6, 1997).

8.04.060 Carts – Weight limitation – Garbage, recycling and yard waste carts.

For garbage and recycling carts one 20-gallon cart with 20-gallon insert shall not weigh more than 45 pounds; one 35-gallon cart shall not weigh more than 65 pounds; one 64-gallon cart shall not weigh more than 130 pounds; and one 96-gallon cart shall not weigh more than 195 pounds. One 96-gallon yard waste cart shall not weigh more than 195 pounds. Contractural provider employees may refuse to collect any carts which exceed these weight limits.

A. Any customer using more than their allotted number of carts, or where garbage is not adequately contained, may, at the discretion of the contracted sanitation supervisor, be required to utilize a bin for garbage disposal and shall be charged at the commercial rate established through private provider bid approved by the city.

B. High density dwelling units or apartment buildings consisting of six or more units shall be required to use commercial bins for disposal of garbage.

C. The city acknowledges the right by contractor to charge extra dump and collection fees by the private contractor for approved carts or bins that are overfilled and overweight. Extra dumps, larger bins, or roll-off bins may be required for overweight disposal within the city and said system shall be administered by the garbage private contractor. (Ord. 1539 § 1, 2004; Ord. 1346 § 7, 1997).

8.04.070 Bulk collection containers permitted when.

Large suitable containers for bulk collection of garbage and refuse may, with the approval of the contracted service provider, be used by hotels, restaurants, boarding houses, eating places, apartment houses, schools and hospitals and in the business districts. Waste paper or office supplies may be deposited in waste paper baskets or other suitable receptacles. (Ord. 1539 § 1, 2004; Ord. 1346 § 8, 1997).

8.04.080 Certain materials prohibited.

It is unlawful to set out for collection any material likely to produce dust, fumes or vapors or any material likely to be carried by the wind unless such material is securely bagged and tied and contained within the garbage or recycle carts in such a manner as to prevent it from being so carried by the wind or giving off such dust, fumes or vapors during the process of garbage and recycling collection. (Ord. 1539 § 1, 2004; Ord. 1346 § 9, 1997).

8.04.090 Burning, dumping or collection prohibited.

It is unlawful for any person to burn garbage, refuse or yard waste; to dump or deposit any garbage and refuse upon any street or alley or private property in the city; or to collect, remove or dispose of the same except as in this chapter provided. (Ord. 1539 § 1, 2004; Ord. 1346 § 10, 1997).

8.04.100 Times designated.

Garbage shall be collected, removed and disposed of in the residential sections of the city at least once each week, and from hotels, restaurants, boarding houses, eating places, apartment houses, schools and in the business section of the city not less than once a week or, in the discretion of the public works department, more often as may be required. Recycling materials shall be collected, removed and disposed of from residential and commercial areas a minimum of every other week. Collections in the business sections of the city shall be made before the hour of 7:00 a.m. Residential sections of the city shall include all portions thereof not otherwise designated. Collection in the residential sections of the city shall be made after the hour of 7:00 a.m. (Ord. 1539 § 1, 2004; Ord. 1493 § 2, 2002; Ord. 1346 § 11, 1997).

8.04.110 Stickers required for collection.

Repealed by Ord. 1539. (Ord. 1346 § 12, 1997).

8.04.120 Access and use of contractor-owned bins restricted.

Use of contractor-owned bins shall be restricted to use by the owner or employees of the business/commercial establishment to which the bin has been provided and solely for the purpose of depositing garbage and refuse for collection by the city’s designated and contracted garbage, refuse and recycling collector. Any unauthorized use of such bins shall be unlawful. (Ord. 1539 § 1, 2004; Ord. 1346 § 13, 1997).

8.04.130 Separation of garbage – Recycling and yard waste.

City-approved carts will be provided by the contractor for mandatory solid waste and recycling collection. A yard waste cart will be provided by the contractor at the request of the customer and at an additional fee. (Ord. 1539 § 1, 2004; Ord. 1346 § 14, 1997).

8.04.140 Yard waste – Collection stations established.

The city shall establish and maintain one collection station for yard waste. Such station shall be available to the citizens of the city for the disposal of yard wastes. Days and hours of operation and charges shall be established by the public works department and approved by the city council as needed. The public works department shall cause notice to be made to the public by such means as the public works department shall deem most appropriate, describing the availability of such station, its purpose, location or locations and days and hours of operation. The city also recognizes the collection of yard waste using curbside carts as provided by the city-designated solid waste contractor. (Ord. 1539 § 1, 2004; Ord. 1493 § 3, 2002; Ord. 1346 § 15, 1997).

8.04.150 Yard waste – Restrictions on disposal.

Unless a yard waste cart is secured from the designated solid waste collector, it is unlawful to set out for collection any grass, yard clippings, tree trimmings, weeds or any other yard wastes and the same shall not be collected by the garbage collectors. (Ord. 1539 § 1, 2004; Ord. 1346 § 16, 1997).

8.04.160 Dumpster standards.

All commercial, industrial and multifamily residential that use dumpsters and/or recycling containers shall follow the requirements of this chapter. (Ord. 1539 § 1, 2004; Ord. 1346 § 17, 1997).

8.04.162 Location.

All dumpster and recycling container locations, including roll-out areas, shall provide for direct and unobstructed access by sanitation equipment and personnel; further provided, all dumpsters and recycle containers with an individual capacity of 1.5 cubic yards or more shall not be located within five feet of combustible walls, openings, or combustible roof eave lines. All locations and pad improvements shall be approved by the sanitation and fire departments prior to issuance of a building permit. (Ord. 1539 § 1, 2004; Ord. 1346 § 18, 1997).

8.04.164 Pad size requirements.

A. Pad Size Requirements – Minimum Opening and Depth for Garbage Dumpster Only.


Dumpster Size	Minimum Opening	Minimum Depth
Dumpster Size	Minimum Opening	Minimum Depth
4 cubic yards	12 feet	10 feet
2 cubic yards	12 feet	10 feet
1-1/2 cubic yards	12 feet	10 feet

B. Pad Size Requirements – Minimum Opening and Depth for Garbage Dumpster and Recycling Containers.


Dumpster Size	Minimum Opening	Minimum Depth
Dumpster Size	Minimum Opening	Minimum Depth
4 cubic yards	18 feet	10 feet
2 cubic yards	18 feet	10 feet
1-1/2 cubic yards	18 feet	10 feet

(Ord. 1539 § 1, 2004; Ord. 1493 § 4, 2002; Ord. 1346 § 19, 1997).

8.04.166 Construction standards.

All pad and roll-out areas shall be constructed of concrete with the thickness to be not less than four inches. All pads shall be level. All pads’ top surface elevation shall be even with parking lot or driveway top surface elevation. (Ord. 1539 § 1, 2004; Ord. 1346 § 20, 1997).

8.04.168 Enclosure requirements.

A. All dumpster and recycling container pads shall be enclosed by a minimum of a six-foot sight-obscuring fence to screen and retain the dumpster/container on the pad site as well as contain and control blowing debris. A 50-foot area in front of enclosures is required sufficient to maneuver garbage trucks.

B. For the health and safety of sanitation employees, all garbage must be contained within the dumpsters. Any garbage not contained and piled around the dumpster will not be picked up. (Ord. 1539 § 1, 2004; Ord. 1493 § 5, 2002; Ord. 1346 § 21, 1997).

8.04.170 Charges – Fee schedule – Payment delinquent when.

A. All charges for privatized garbage services as identified in the current solid waste contract shall be approved by the council. All charges shall be paid on or before 30 days after the date of billing as shown upon the billing statement and if not so paid shall bear interest at a rate of 12 percent per annum until paid, and said charge may become a lien against the property which is serviced by the private solid waste collector.

B. Manufacturing, restaurants and food handling businesses: the required size of the dumpster shall be approved by the solid waste contractor. The amount and/or weight of garbage will determine the size of the dumpster and the number of dumps per week.

C. Hotels, motels, apartment buildings and senior assisted-living facilities: the required size of the dumpster shall be approved by the contracted solid waste supervisor. The amount and/or weight of garbage and refuse will determine the size of the dumpster and the number of dumps per week.

D. Hotels, motels, apartment houses and trailer courts are classified as business establishments and all carts or bins will be placed at one location and charged as one business establishment. Failure to place carts or bins at one location will result in classification of each unit as a dwelling and pickups at each unit will be charged as individual dwellings.

E. In the event any person shall make an unreasonable or unusually large use of the refuse collection and disposal facilities, the person shall contact the solid waste provider and pay the stipulated rate for excess solid waste.

F. Residents subject to garbage and recycling collection charges shall enroll for the desired level of service by applying to the contracted solid waste provider in the form and manner provided by their office. Fees are payable regardless of whether or not garbage is actually set out for collection. Where no service level has been designated by the current owner it shall be assumed that service level will be at the base rate of a 64-gallon cart.

G. There shall be no credit given for fees charged to residences or other buildings on the basis that such residence or building is, has been, or may be vacant. No credit will be granted for after-the-fact notification. (Ord. 1539 § 1, 2004; Ord. 1507 § 1, 2002; Ord. 1493 § 6, 2002; Ord. 1346 § 22, 1997).

8.04.180 Disposal or accumulation prohibited when.

It is unlawful for any person to dispose of garbage or refuse on any public place or to allow garbage or refuse to collect or be stored in an unsanitary manner within the city. (Ord. 1539 § 1, 2004; Ord. 1346 § 23, 1997).

8.04.185 Damages.

The city is not responsible for damages to buildings and other objects during the handling of garbage bins by a contracted private solid waste collector. (Ord. 1539 § 1, 2004; Ord. 1496 § 1, 2002; Ord. 1493 § 7, 2002).

8.04.190 Violation – Penalty.

Any person(s) violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished according to the provisions of chapter 1.24 BMC. (Ord. 1539 § 1, 2004; Ord. 1346 § 24, 1997).