Chapter 8.06
SOLID WASTE DISPOSAL SITES
Sections:
8.06.010 Purpose of provisions.
8.06.030 Disposal of solid waste – Restrictions and prohibitions.
8.06.040 Disposal site establishment and operation – Agreements regarding operation and rates.
8.06.070 Operations deemed public nuisance when – Abatement.
8.06.010 Purpose of provisions.
A. The purpose of this chapter is to facilitate the establishment of a comprehensive countywide system that is adequate to handle all solid waste generated in incorporated and unincorporated areas of the county, and that will protect public health and safety; control the flow of city solid waste; prevent land, air, and water pollution; conserve and protect the natural resources and environment of the city; and limit the potential liability of the city for improper disposal of solid waste. These purposes require that all city solid waste, except for waste exempted pursuant to CMC 8.06.050, be directed to certain disposal sites.
B. To carry out this purpose, this chapter is adopted to regulate the disposal of city solid waste at disposal sites in and outside of the county. [Ord. 475B, 1992.]
8.06.020 Definitions.
Unless otherwise expressly provided in this chapter, the definitions found in RCW 70.95.030 and WAC 173-304-100 shall apply in interpreting this chapter.
“Cities” means the cities and towns within Lewis County that have entered into the interlocal agreement, including Chehalis.
“City solid waste” means solid waste generated and collected in, or transported for the purpose of disposal into, the city.
“County flow control ordinance” means the ordinance of the county to be adopted pursuant to the interlocal agreement for the purposes of countywide flow control.
“County solid waste” means solid waste generated and collected in, or transported for the purpose of disposal into, the unincorporated areas of the county.
“Director” means the director of the Lewis County department of public works, or the alternate public official designated by the county to carry out the duties of the director.
“Disposal site” means a facility where any final treatment, utilization, processing, transfer, or deposit of county solid waste occurs, and for which a permit is required pursuant to RCW 70.95.170 through 70.95.190. For purposes of this chapter, a drop box or a transfer station shall be deemed a disposal site.
“District” means the Solid Waste Disposal District No. 1 of Lewis County to be formed pursuant to county ordinance and the interlocal agreement.
“Hauler” means a solid waste collection company that has either obtained a certificate of convenience and necessity pursuant to Chapter 81.77 RCW to serve any area of the county, or that has been granted a franchise to provide garbage and refuse collection service within any city.
“Health district” means the county health district or any successor agency charged with the responsibility for issuing or renewing permits for solid waste disposal sites pursuant to RCW 70.95.170 through 70.95.190.
“Interlocal agreement” means the “interlocal agreement regarding solid waste disposal district and flow control” entered into, or to be entered into, by the county, the district, and the cities, and all amendments to such agreement.
“Operator” means any person with whom the district or the county contracts for the design, construction, ownership, or operation of any disposal site or other solid waste handling facility.
“Plan” means the county comprehensive solid waste management plan as it now exists and may be amended from time to time.
“Separated waste” means the solid waste that remains after the removal of all recyclable material that is practicable to remove.
“Source-separated” means the separating of different kinds of solid waste at the place where the waste is generated. [Ord. 475B, 1992.]
8.06.030 Disposal of solid waste – Restrictions and prohibitions.
A. It is unlawful for any person to dump or deposit or permit the dumping or depositing of any city solid waste onto or under the ground or into any waters within the city except at a disposal site that has been designated by the county or as exempted pursuant to CMC 8.06.050 as amended from time to time; provided, that nothing herein shall prohibit a person from dumping or depositing solid waste resulting from his or her own activities onto or under the surface of the ground owned or leased by him when such action complies with all other applicable laws.
B. The provisions of this chapter shall not reduce, nor otherwise affect, the city’s control over solid waste collection as permitted by applicable state law.
C. The requirements of this chapter are binding upon all persons subject to its provisions within the city. [Ord. 475B, 1992.]
8.06.040 Disposal site establishment and operation – Agreements regarding operation and rates.
A. Except for those sites exempt under CMC 8.06.050, it is unlawful for any person to establish, alter, expand, improve, or hereafter operate or maintain a disposal site within the boundaries of the city unless:
1. The proposed site, facilities, and proposed method of operation comply with this chapter, with the county flow control ordinance as it may be amended, and with all applicable regulations promulgated by the health district;
2. The proposed site and proposed method of operation have been designated by the county as an approved disposal site, and all permits required by law have been obtained; and
3. The operator of the proposed site, if owned by any other person other than the county, has entered into an agreement with the county specifying the rates to be charged for disposal or processing of county solid waste and city solid waste (as applicable) at the proposed site and such other terms deemed necessary by the director to protect the public health, safety, and welfare, and for other public purposes.
B. The director of public works of the city shall require the operator of each disposal site within the city to furnish such evidence as the director deems necessary to verify that the disposal site complies with this chapter. [Ord. 475B, 1992.]
8.06.050 Exempt operations.
A. The following solid waste processing and disposal activities and facilities related thereto are hereby exempted from this chapter:
1. Wrecking automobiles and parts thereof and related storage and handling facilities which possess all necessary governmental permits and approvals;
2. Depositing, pursuant to all necessary governmental permits and approvals, fewer than 2,000 cubic yards of soil, rock, tree stumps, gravel, broken concrete, broken asphalt, and similar inert wastes onto the surfaces of the ground whereby such depositing is to be temporary in nature, graded, and otherwise worked to fill an existing depression or low area of ground;
3. Depositing agricultural solid waste onto or under the surface of the ground when the waste is being utilized primarily for fertilizer or a soil conditioner, as long as depositing such waste does not otherwise violate the law;
4. Depositing sewage or sewage sludge onto or under the surface of the ground at a disposal site which possesses all necessary governmental permits and approvals for that purpose;
5. Depositing “hazardous waste” as defined by RCW 70.105.010(15) onto or under the surface of the ground at a disposal site which possesses all necessary governmental permits and approvals for that purpose;
6. Depositing solid waste by an industrial solid waste generator into its own private landfill which is accessory to the industry, is not open to haulers or the public, which possesses all necessary governmental permits and approvals for that purpose, and which is included in the plan;
7. Facilities for the acceptance and marketing of source-separated recyclable materials including drop-off and buyback centers, contract recycling services, and associated processing facilities;
8. Handling and marketing of source-separated recyclable materials;
9. Composting of yard waste at facilities that accept and market source-separated yard waste materials;
10. On-site composting of organic materials generated on site;
11. Processing wood waste at facilities that accept source-separated wood waste materials;
12. Handling and processing “infectious waste” within the meaning of Lewis County Ordinance 1112 as that ordinance may be amended from time to time.
B. The exemptions established by this section shall have no effect on the requirements of other local, state, and federal laws. [Ord. 475B, 1992.]
8.06.060 Enforcement.
Appropriate city officers and employees are authorized to take all lawful actions reasonably available to enforce in a timely manner the provisions of this chapter against any person violating those provisions, including, but not limited to, bringing a civil and/or criminal action against that person and providing testimony and cooperation in the prosecution of that action; barring that person from use of a disposal site; requesting that the Washington Utilities and Transportation Commission revoke that person’s certificate; and seeking equitable relief. [Ord. 475B, 1992.]
8.06.070 Operations deemed public nuisance when – Abatement.
Any solid waste disposal site hereafter established, altered, expanded, improved, operated, or maintained in violation of any of the provisions of this chapter shall be and the same hereby is declared to be unlawful and a public nuisance. Any violation of CMC 8.06.030 and 8.06.040 is declared to be a public nuisance. The city attorney, at the direction of the city council, may take steps necessary to abate such nuisances and to restrain and enjoin further unlawful acts. This section shall not limit nor restrict any other power or authority authorized by law. [Ord. 475B, 1992.]
8.06.080 Violation – Penalty.
A. Any person who knowingly fails to comply with CMC 8.06.030 or 8.06.040 shall be deemed guilty of a misdemeanor and shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than 90 days, or by fine in the amount of not more than $1,000, or both such imprisonment and fine. Each day of continuing violation or noncompliance shall be deemed a separate offense. Nothing contained in this section shall be construed to exempt an offender from any other suit, prosecution, or penalty provided in another city ordinance or as otherwise provided by law.
B. Any person who fails to comply with CMC 8.06.030 or 8.06.040 shall also be subject to a civil penalty not to exceed $1,000 for each violation. Each violation or day of noncompliance shall constitute a separate violation. Any such civil penalty imposed pursuant to this section shall be subject to review by the city council. [Ord. 475B, 1992.]