Chapter 8.16
SOLID WASTE AND RECYCLING
Sections:
8.16.015 Contract for solid waste collection services.
8.16.025 Mandatory collection.
8.16.050 Containers – Requirements and placement.
8.16.060 Overloading prohibited.
8.16.070 Return trips/special pickups.
8.16.080 Collection schedule – Days of service – Holidays.
8.16.110 Solid waste and recycling collection rates.
Prior legislation: Ord. 471.
8.16.015 Contract for solid waste collection services.
Solid waste collection services and residential recycling services shall be provided pursuant to a contract between the city and an independent entity, the contractor, pursuant to a contract negotiated between the city and the contractor and approved by the city council and as the same may be amended or extended from time to time. The contractor shall be responsible for all customer billing and collection. (Ord. 1249 § 1, 2016).
8.16.025 Mandatory collection.
It is mandatory for all improved premises in the city to be served with and to pay for solid waste collection services provided by the contractor under contract with the city. (Ord. 1249 § 1, 2016).
8.16.040 Definitions.
For the purposes of this chapter, words shall have the meanings described in the contract and for other words shall have their common meanings. Certain terms as used in this chapter are defined as follows:
“Ashes” means the residue from the burning of wood, coal, and other combustible materials.
“Cart” means a contractor-provided wheeled cart that is a plastic container designed for and used with an automated hydraulic lifting mechanism; fitted with a sturdy handle and a cover; rodent and insect resistant; and capable of holding collected liquids without spilling when in an upright position.
“Container” means any receptacle provided by the contractor for solid waste disposal.
“Contract” shall mean the contract between the city and the entity providing solid waste and recycling services.
“Contractor” shall mean the entity providing solid waste and recycling services in the city pursuant to a contract with the city.
“Curb” or “curbside” means on the city right-of-way without blocking sidewalks, and with minimal disruption of on-street parking. If extraordinary circumstances preclude such a location, curbside shall be considered a placement determined by the city and convenient to the city’s equipment.
“Customer” means any person, firm, association, institution, public or private corporation, political subdivision, government entity, municipality, industry, individual, partnership, co-partnership or other entity whatsoever that is required to have solid waste collection services. The term shall also mean the occupant or the owner of the premises for which service is rendered.
“Hazardous waste” means (1) all waste defined or characterized as hazardous by the federal Solid Waste Disposal Act (42 USC 3251 et seq.), as amended, including the Resource Conservation and Recovery Act of 1976 (42 USC 6901 et seq.) and all future amendments thereto, or regulations promulgated thereunder and (2) all waste defined or characterized as hazardous by the principal agencies of the state of Washington having jurisdiction (including without limitation the Department of Ecology). Hazardous waste shall not include incidental household hazardous waste or small quantity generator waste that is commingled with solid waste.
“Person” means any person, firm, association, institution, public or private corporation, industry, individual, partnership, or other entity whatsoever. The term shall also mean the occupant and/or the owner of the premises for which service is rendered.
“Premises” means any lot, parcel, real estate or land or portion of land containing any structure, and including adjacent sidewalks and parking strips and including, but not limited to, dwellings, manufactured homes, apartments, rooming or boardinghouses, hotels, clubs, restaurants and other eating places, shops and other places of business or commerce, industrial sites, or any other building or structure, public or private.
“Solid waste” means all putrescible and nonputrescible solid, semi-solid, and liquid wastes, including residential garbage, trash, refuse, paper, rubbish, ashes, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes. The term “solid waste” as used herein does not include: hazardous waste; designated waste or contaminants which may be injurious to personnel engaged in solid waste handling, including but not limited to infectious waste, acids, explosives, radioactive material and septic tank pumping; dead animals; large mechanical devices; nor any materials that are, or in the future become, prohibited from receipt, handling or disposal as municipal solid waste by state, federal or local law, regulation, rule, code, ordinance, order, permit or permit condition. (Ord. 1249 § 1, 2016; Ord. 1170 § 1 (Exh. A), 2010; Ord. 466 § 2, 1973. Formerly 8.16.020).
8.16.050 Containers – Requirements and placement.
A. Solid waste accumulated on any premises in the city shall be deposited in containers provided by the contractor.
B. Each owner or occupant is responsible for lost, damaged, stolen or missing containers due to misuse or negligence by the customer. A charge will be assessed for the actual cost of replacement or repair of the container.
C. Containers shall be kept in a clean and sanitary condition, inside and out, and a cleaning fee may be assessed for customer-requested cleaning by the contractor.
D. Carts shall be placed adjacent to the street so as to allow pickup by 6:00 a.m. on the scheduled pickup day for residential collection services, and removed from curbside the same day following collection. For commercial industrial and/or institutional properties that abut or are located across an alley from residential property, carts or containers shall be placed in the area agreed upon between the customer and contractor for pickup by 5:00 a.m. on the scheduled pickup day and returned to their normal location the same day after collection occurs. For all other commercial, industrial and/or institutional properties, the carts or containers shall be placed in the area agreed upon between the customer and contractor for pickup by 4:00 a.m. on the scheduled pickup day and returned to their normal location the same day after collection occurs.
E. The contractor shall determine what location is best suited for alley or curb pickup, and the specific location for such pickup based upon considerations of vehicle access, site-specific conditions and operational efficiency and convenience. For residential areas, curbside pickup is required unless otherwise approved by the contractor.
F. All access to containers shall have sufficient overhead clearance and minimum distance from structures and other containers to allow pickup by the automated truck. Containers not placed for access free of any obstructions shall be subject to an additional service fee for the truck driver to relocate the container for accessibility.
G. Enclosures which restrict or prevent access by the automated equipment shall be prohibited. (Ord. 1249 § 1, 2016; Ord. 1170 § 1 (Exh. A), 2010; Ord. 466 § 3, 1973. Formerly 8.16.030).
8.16.060 Overloading prohibited.
A. Loading containers in a manner which is likely to cause damage to the collection vehicle, container, create a litter condition or impede collection is prohibited. Overloading containers occurs when the weight capacity is exceeded or when objects project outside the container.
B. All solid waste shall fit completely inside the container in such a way that the lid closes tightly, and shall be broken or cut up so as to fall freely from the container.
C. If the container is consistently overfilled, a notice shall be provided to the customer and the customer shall be offered the choice of a larger container or more containers and the customer shall be billed by the contractor accordingly. (Ord. 1249 § 1, 2016; Ord. 1170 § 1 (Exh. A), 2010).
8.16.070 Return trips/special pickups.
A. A return trip charge will be assessed where a collection vehicle must return to collect materials for any reason except contractor fault or error.
B. A special pickup charge will be assessed for customer-requested additional service outside the scheduled regular weekly service. (Ord. 1249 § 1, 2016; Ord. 1170 § 1 (Exh. A), 2010).
8.16.080 Collection schedule – Days of service – Holidays.
Solid waste collection is provided Monday through Friday, except on contractor-observed holidays as set forth in the contract. (Ord. 1249 § 1, 2016; Ord. 1170 § 1 (Exh. A), 2010).
8.16.090 Litter prohibited.
No solid waste or waste shall be scattered or allowed to become scattered in or on any street, alley or place in the city. The customer shall at all times remain responsible to keep premises free and clear of litter. The customer must accept all risk and responsibility for litter, unsanitary or unsafe conditions of premises, or dumping or spillage of solid waste, including illegal dumping. (Ord. 1249 § 1, 2016; Ord. 1170 § 1 (Exh. A), 2010).
8.16.100 Unlawful disposal.
A. It shall be unlawful for a person without authorization to dispose of solid waste in any container or dumpster or other location belonging to another. The penalty for such unauthorized disposal shall be a civil penalty of not more than $1,000 for each offense.
B. It shall be unlawful for any person to bury, burn, dump, collect, remove, or in any other manner dispose of solid waste except as provided in this chapter.
C. The following shall not be deposited or discarded into any commercial or residential cart, container or receptacle:
1. Dead animals over 15 pounds;
2. Sewage;
3. Hot ashes;
4. Household hazardous waste;
5. Asbestos material;
6. Uncertified roofing materials;
7. Commercial cooking grease or oil;
8. Tires;
9. Dangerous waste;
10. Radioactive wastes;
11. Explosives;
12. Rocks, sod, concrete.
D. The following items may be deposited or discarded into a commercial or residential cart with proper preparation, including:
1. Food waste such as meat, scraps, and cooking grease shall be wrapped in a leakproof bag or container.
2. Dead animals 15 pounds or under shall be double wrapped in a closed, leakproof bag or container.
3. Human or animal excrement (including excrement from disposable diapers) shall be wrapped in a closed, leakproof bag or container. (Ord. 1249 § 1, 2016; Ord. 1170 § 1 (Exh. A), 2010; Ord. 968 § 1, 2000; Ord. 782 § 1, 1991; Ord. 466 § 4, 1973. Formerly 8.16.040).
8.16.110 Solid waste and recycling collection rates.
A. The rates for solid waste collection services shall be as established in the contract and may be increased as provided in the contract.
B. Low income senior citizens and low income disabled persons, as defined in Chapter 13.20 CMC and as may be further defined by resolutions adopted pursuant to said chapter, shall receive a reduction in the applicable rate as provided in the contract. In order to receive the rate reduction, the qualified applicant must be an individual who pays a residential collection rate as further described in the contract. (Ord. 1249 § 1, 2016; Ord. 1170 § 1 (Exh. A), 2010; Ord. 1145 § 4, 2009; Ord. 967 § 1, 2000; Ord. 939 § 1, 1999; Ord. 931 § 1, 1998; Ord. 914 § 1, 1997; Ord. 909 § 1, 1997; Ord. 842 § 1, 1994; Ord. 790 § 1, 1991; Ord. 775 § 1, 1991; Ord. 753 § 1, 1990; Ord. 702 § 1, 1986; Ord. 697, 1985; Ord. 676, 1984; Ord. 628 § 1, 1981; Ord. 598 § 1, 1979; Ord. 466 § 9, 1973. Formerly 8.16.080).