Chapter 8.04
SOLID WASTE COLLECTION AND DISPOSAL1
Sections:
8.04.020 Solid waste collection and disposal system.
8.04.030 Mandatory use of system.
8.04.060 Solid waste collection and disposal contracting.
8.04.080 Frequency of collection.
8.04.090 Separation of solids and liquids.
8.04.110 Apartment and residential containers.
8.04.120 Placement of solid waste containers.
8.04.130 Maintenance of solid waste containers.
8.04.140 Protection of containers.
8.04.150 Construction or demolition materials.
8.04.160 Removal of dead animals.
8.04.170 Business collections.
8.04.200 Excluded businesses and organizations.
8.04.210 Violations and penalty.
8.04.010 Definitions.
The words herein shall be defined as follows for the purposes of their interpretation in this chapter:
“Apartment” means any private dwelling being a part of a multiple-family dwelling structure having more than two units with separate kitchen and plumbing facilities.
“Ashes” means residue resulting from the combustion of coal, coke, or wood in domestic, industrial, or commercial stoves, furnaces, or boilers.
“Business establishments” means any dwelling, building, or component part thereof wherein there is conducted any type of commercial business, for retail, wholesale, professional, or otherwise.
“Combustible refuse” means all prepared garbage, trash, and refuse which can be consumed or largely consumed by fire.
“Container” shall mean metal cans, plastic cans and bags, or metal boxes commonly referred to as bins, dumpsters, or compactors.
“Noncombustible refuse” means all ashes and refuse which cannot be consumed or largely consumed by fire.
“Person” means any person, firm, partnership, association, institution, or corporation.
“Prepared garbage” means waste material from kitchens, dining rooms, and similar places, from which liquids have been drained and solid matter separately wrapped or contained.
“Raw garbage” means garbage not prepared as in the definition of “prepared garbage.”
“Recyclable materials” means those solid wastes that are separated for recycling or reuse, such as papers, metals, glass, and cardboard.
“Recycling” means transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill disposition or incineration.
“Residence” means any private dwelling.
“Solid waste” shall be synonymous with the terms “refuse,” “garbage,” and “waste,” and means all putrescible and nonputrescible solid and semi-solid waste, including, but not limited to, garbage, rubbish, ashes, industrial waste, swill, demolition and construction waste, and recyclable materials.
“Solid waste handling” means the management, storage, collection, transportation, treatment, utilization, processing, and final disposal of solid waste, including the recovery and recycling of materials from solid waste.
“Trash” means waste material containing no putrid matter. [Ord. 845B § 1, 2009; Ord. 746B, 2003; Ord. 511B, 1993.]
8.04.020 Solid waste collection and disposal system.
The city of Chehalis shall provide for and establish a solid waste collection and disposal system for the citizens and occupants of residential, apartment, and business premises in the city of Chehalis, which system shall include collection and disposal service at or near each occupied premises. [Ord. 845B § 2, 2009; Ord. 746B, 2003; Ord. 511B, 1993.]
8.04.030 Mandatory use of system.
All persons occupying a residential, apartment, or business premises in the city of Chehalis, Washington, shall be, and they hereby are, required and directed to use the solid waste collection and disposal service as contracted by the city of Chehalis pursuant to the regulations and guidelines provided in this chapter and to dispose of their solid waste as provided in this chapter. All persons required and directed to use the solid waste collection and disposal service shall pay at least the minimum one-can rate for either business or residential service as the case may be. [Ord. 845B § 3, 2009; Ord. 746B, 2003; Ord. 511B, 1993.]
8.04.040 Fees and charges.
A. The collection of all refuse in the city of Chehalis is divided into three classifications, namely, residence, apartment, and business.
B. The collection of all refuse in the residence, apartment, and business classes shall be charged for and collected as provided in this chapter.
C. The collection of all refuse in all such classes shall be made only by the solid waste collection and disposal contractor, as provided in this chapter.
D. The city council of the city of Chehalis shall, by contract, ratify fees and charges established by the solid waste collection and disposal contractor to be paid by persons occupying business, apartment, and residential premises for solid waste collection and disposal service. All fees and charges for residential, apartment, and business solid waste collection and disposal service, together with all additional charges for excess containers for residential service, excess distance from container to curb for residential service, or excess solid waste for residential service, shall be billed by and paid to the solid waste collection and disposal service contractor. [Ord. 845B § 4, 2009; Ord. 746B, 2003; Ord. 511B, 1993.]
8.04.050 City manager.
The city manager of the city of Chehalis shall represent the city in the coordination of solid waste collection and disposal services and the enforcement of the regulations and guidelines provided in this chapter and the terms and provisions of the solid waste collection and disposal service contract. The city manager shall have full authority to resolve any disputes between the city or the solid waste collection and disposal service contractor and occupants of business, apartment, and residential premises regarding solid waste collection and disposal service. The decision of the city manager resolving any such dispute shall be binding upon all parties. [Ord. 845B § 5, 2009; Ord. 746B, 2003; Ord. 511B, 1993. Formerly 8.04.060.]
8.04.060 Solid waste collection and disposal contracting.
The city of Chehalis shall contract with qualified solid waste collection and disposal contractors for solid waste collection and disposal service in Chehalis. Such contract shall be let by bid, a request for proposal, or by negotiation as the city council shall determine prior to the expiration of each contract, unless otherwise limited by Washington State law. All such contracts shall be let only upon specifications and requirements approved by the city council, and no such contract shall be entered into without the approval of the city council. If the contract is let by bid, bidders shall submit a bid bond in such amount as shall be established by the specifications and requirements for the contract. Said bid bond may be in the form of a bond or a certified check payable to the city of Chehalis and the bid bond of the successful bidder shall be retained until a contract is entered into between the city and the successful contractor. The successful contractor shall furnish to the city a bond in the sum of $100,000, conditioned upon the contractor’s faithful discharge and performance of the terms of said contract, which bond shall be maintained throughout the term of any such contract. [Ord. 845B § 6, 2009; Ord. 746B, 2003; Ord. 511B, 1993. Formerly 8.04.070.]
8.04.070 Records and books.
The solid waste contractor shall keep a complete and accurate set of books and records showing all charges and collections made to business, apartment, and residential occupants, and said records and books shall be available for inspection by the city manager upon demand at reasonable business times. At the time of letting a solid waste collection and disposal contract, the city council shall impose a contract fee in an amount not to exceed five percent of the gross revenues received by the contractor pursuant to the terms and provisions of said contract, which amount shall be paid to the city not less than quarterly. [Ord. 845B § 7, 2009; Ord. 746B, 2003; Ord. 511B, 1993. Formerly 8.04.080.]
8.04.080 Frequency of collection.
The solid waste contractor shall collect, remove, and dispose of all solid waste and refuse in the residential sections of the city, including apartments as defined in CMC 8.04.010, as required by contract, and shall collect, remove, and dispose of all solid waste and refuse from the business sections of the city daily, or as often as said service shall be required. [Ord. 845B § 8, 2009; Ord. 746B, 2003; Ord. 511B, 1993. Formerly 8.04.090]
8.04.090 Separation of solids and liquids.
The city reserves the right to, and may at its option, require the separation of solids and liquids, or other component parts of refuse, and may require the deposit thereof in separate containers or receptacles, and may prescribe the method of disposal thereof. [Ord. 845B § 9, 2009; Ord. 746B, 2003; Ord. 511B, 1993. Formerly 8.04.100.]
8.04.100 Prohibited acts.
It shall be unlawful:
A. For any person to throw, place, dispose of, or sink, or cause to be thrown, placed, sunk, or disposed of, any solid waste upon the margin or bank or into the water of the Chehalis River or any other body of water in or adjoining the city of Chehalis;
B. For any person to cast, leave, or keep on any street or alley in the city of Chehalis solid waste, ashes, sawdust, or rubbish of any kind so as to obstruct the street or alley, or gutter thereof, or so as it can be blown away by the wind;
C. For any person to throw, place, or scatter any solid waste, rubbish, ashes, trash, or other refuse over or upon premises, streets, or alleys, either public or private, or adjacent thereto, either with or without the intent to remove or burn the same, or to suffer or permit any premises owned, occupied, or controlled by such person, from the accumulation of refuse, to become or remain offensive, unsanitary, unsightly, unsafe to public health, or hazardous to fire;
D. For any person to store or permit the storage of solid waste on or about their premises or premises occupied by them, unless such refuse is kept separately in those certain containers provided for in CMC 8.04.110 or 8.04.170;
E. To collect or remove any refuse from the premises of any person, unless such premises are equipped with those certain containers as provided for in CMC 8.04.110 or 8.04.170, and unless such refuse is kept and stored in such containers;
F. To deposit or permit to fall from any vehicle any solid waste, refuse, or ashes on any public street or alley in the city, provided, this shall not be construed to placing solid waste, refuse, or ashes in a container complying with the provisions of this chapter preparatory to having such material collected and disposed of in the manner provided herein;
G. For any person occupying an apartment or residence to dispose of or store solid waste in refuse containers unless such solid waste has been prepared for collection, removal, and disposition in compliance with the definition of “prepared garbage” as set out in CMC 8.04.010; provided, that fruit and vegetable waste resulting from canning, preserving, and pickling operations which contain a high moisture content and are not susceptible to ready draining shall be deposited and segregated with noncombustible refuse;
H. To dump or place any solid waste, refuse, or ashes on any premises in the city without the consent of the owner of such premises;
I. To dispose of any solid waste other than at an approved solid waste disposal site;
J. For anyone other than employees and agents of the city of Chehalis and the solid waste collection and disposal contractor to collect any refuse, provided, this shall not prevent a person from hauling refuse accumulations from his own premises to an approved solid waste disposal site or from using his own combustible trash for fuel;
K. For any person to burn any refuse in the city without first obtaining a permit from the chief of fire services department so to do, excepting trash burned in a stove or furnace in or upon any private property, street, or alley of the city, provided, refuse may be burned inside private buildings in an incinerator connected to a proper flue, which incinerator is to be constructed so as to consume completely such waste material without offensive residue or odor, and when such incinerator bears the approval of the fire services department of the city. [Ord. 845B § 10, 2009; Ord. 767B, 2004; Ord. 746B, 2003; Ord. 511B, 1993. Formerly 8.04.110.]
8.04.110 Apartment and residential containers.
A person owning or occupying an apartment or residence shall at all times keep or cause to be kept portable containers for the disposal therein of solid waste, and shall cause to be deposited therein such solid waste. Such containers shall be as provided by a collection and disposal contractor or watertight, not less than two-mil thickness, not more than 30-gallon capacity, not more than 12 pounds empty weight, not more than 65 pounds full weight, provided, at the discretion of the owner or occupant, a dumpster may be used as a container for an apartment complex. All such containers shall have lids or shall otherwise be kept closed to prevent spillage or scattering of the contents by the wind, animals, or otherwise. Such containers shall be kept in a sanitary condition and the outside thereof free from accumulated grease and decomposed matter. [Ord. 845B § 11, 2009; Ord. 746B, 2003; Ord. 511B, 1993. Formerly 8.04.120.]
8.04.120 Placement of solid waste containers.
No solid waste container, refuse, or debris shall be kept or stored on any public alley or street, and, in blocks in which there are alleys, such solid waste containers, refuse, or debris shall be kept in a convenient and accessible location to such alley. In blocks in which there are no alleys, such solid waste containers, refuse, or debris shall be placed on private property in such location as is most readily accessible to the street, without interfering with the convenient, sightly, and sanitary enjoyment of such private property, provided, on the day of collection of solid waste, said containers, refuse, or debris may be placed on the curb. [Ord. 845B § 12, 2009; Ord. 746B, 2003; Ord. 511B, 1993. Formerly 8.04.130.]
8.04.130 Maintenance of solid waste containers.
The person occupying an apartment or residence shall maintain the place where solid waste containers, refuse, or debris are located in a clean and sanitary condition, and shall at all times prevent said containers, refuse, or debris from being upset or spilled by dogs or any other source whatsoever. If necessary, such solid waste containers, refuse, or debris shall be so secured as to render the same inaccessible to marauding animals. [Ord. 845B § 13, 2009; Ord. 746B, 2003; Ord. 511B, 1993. Formerly 8.04.140.]
8.04.140 Protection of containers.
All solid waste, refuse, or debris, before being deposited in a solid waste container, shall be wrapped in paper or other suitable material in such manner so as to prevent, as nearly as possible, moisture from such solid waste from coming in contact with the sides or bottom of metal containers or from leaking from solid waste containers upon the ground. [Ord. 845B § 14, 2009; Ord. 746B, 2003; Ord. 511B, 1993. Formerly 8.04.150.]
8.04.150 Construction or demolition materials.
Material resulting from the demolition, alteration, or construction of buildings or structures shall not be deposited in apartment or residential containers. The collection, removal, and disposal of such materials shall be made by separate arrangement with the solid waste collection and disposal contractor. Any fees and charges resulting from the collection, removal, and disposal of such materials shall be paid to the solid waste collection and disposal contractor. [Ord. 845B § 15, 2009; Ord. 746B, 2003; Ord. 511B, 1993. Formerly 8.04.160.]
8.04.160 Removal of dead animals.
It shall be the duty of every person in possession, charge of, or control of any dead animal, or of any premises upon which the same may be located, to cause the same to be removed and disposed of. No person in charge of such premises shall suffer, permit, or allow such animal to remain thereon for a period in excess of 24 hours. Dead animals shall be not disposed of by placement in a solid waste container, but shall be properly buried, transported to an approved disposal site, or released to a rendering firm at the discretion of the person in possession, charge of, or control of such dead animal or any premises upon which the same may be located. [Ord. 845B § 16, 2009; Ord. 746B, 2003; Ord. 511B, 1993. Formerly 8.04.170.]
8.04.170 Business collections.
A. No person shall collect for a fee any solid waste, refuse, or debris, exclusive of liquid waste and commercial recyclable materials, from a business in the city of Chehalis, other than the city solid waste collection and disposal contractor.
B. The city solid waste collection and disposal contractor shall leave all alleys and streets in a clean and sanitary condition and shall not permit any material to be dropped or spilled from collection vehicles in or on any of the public streets of the city of Chehalis.
C. The owner, person in control, or person in charge of each business premises shall maintain upon his premises metal or heavy plastic containers of a size and type necessary for the deposit therein of all solid waste for said business premises.
D. Nothing in this section shall prevent a recycling company or nonprofit entity from collecting and transporting recyclable materials from a buy-back center, drop box, or from a commercial or industrial generator of recyclable materials, or upon agreement with the city solid waste collection and disposal contractor.
E. Nothing in this section shall be construed as prohibiting a commercial or industrial generator of commercial recyclable materials from selling, conveying, or arranging for transportation of such materials to a recycler for reuse or reclamation. [Ord. 845B § 17, 2009; Ord. 746B, 2003; Ord. 511B, 1993. Formerly 8.04.180.]
8.04.180 Disposal site.
The city solid waste collection and disposal contractor shall deliver all solid waste from the city to an approved solid waste disposal site. [Ord. 845B § 18, 2009; Ord. 746B, 2003; Ord. 511B, 1993. Formerly 8.04.190.]
8.04.190 Tampering.
It shall be unlawful for any person, except the person occupying or in charge or control of any premises, authorized employees of the city of Chehalis, or the city solid waste collection and disposal contractor, to remove or lift the lids of any solid waste containers and no other person shall tamper with or remove any material whatsoever from said solid waste containers. [Ord. 845B § 19, 2009; Ord. 746B, 2003; Ord. 511B, 1993. Formerly 8.04.200.]
8.04.200 Excluded businesses and organizations.
The following businesses and organizations shall be excluded from the provisions of this chapter:
A. Any fruit or vegetable processing plant, industrial plant, or warehouse wherein fruit or vegetable waste is accumulated, and such fruit or vegetable waste may be disposed of in the same manner as liquid waste by such fruit or vegetable processing plant, industrial plant, or warehouse at an appropriate disposal site.
B. National or local religious, charitable, and/or community service corporations or organizations operated not for profit which are collecting and selling recyclable goods only to raise funds for nonprofit activities. Said corporations or organizations may maintain containers for collection of recyclable goods on private property so long as said containers are maintained in conformity with the terms and provisions of this chapter. [Ord. 845B § 20, 2009; Ord. 746B, 2003; Ord. 511B, 1993. Formerly 8.04.210.]
8.04.210 Violations and penalty.
Any person violating any of the provisions of this chapter, upon conviction, shall be deemed guilty of having committed a misdemeanor and shall be fined any sum not to exceed $1,000. [Ord. 845B § 21, 2009; Ord. 746B, 2003; Ord. 511B, 1993. Formerly 8.04.220.]
Code reviser’s note: For statutory provisions on city garbage systems, see RCW 35.21.120 et seq.; for provisions on garbage collection in code cities, see RCW 35A.21.060.