Chapter 8.04
SOLID WASTE
Sections:
8.04.030 Mandatory solid waste service.
8.04.040 Removal by other than contractor.
8.04.050 Minimum service levels.
8.04.060 Accumulation of solid waste.
8.04.080 Garbage container location.
8.04.090 Billing for solid waste services.
8.04.100 Piling and scattering refuse prohibited.
8.04.110 Improper disposal in another’s container.
8.04.120 Name appearing on waste material – Presumption.
8.04.130 Low-income senior/disability discounts.
8.04.010 Application.
This chapter shall apply to all territory embraced within the corporate limits of the city and as expanded by annexation. (Ord. 1306 NS § 1(A), 2003).
8.04.020 Definitions.
Definitions as used in this chapter shall be as follows:
A. “Commercial” means any establishment or business, which is not residential in nature. This would include hotels/motels, churches, schools, and nonprofit organizations, federal, state and local government-owned facilities.
B. “Contractor” means the company with which the city has contracted to collect, haul or dispose of solid waste.
C. “Hazardous waste” means:
1. All waste defined or characterized as hazardous by the federal Solid Waste Disposal Act (42 U.S.C. 3251 et seq.), as amended, including the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901 et seq.) and all future amendments thereto, or regulations promulgated therein;
2. All waste defined or characterized as hazardous under applicable state or local laws or regulations. Hazardous waste shall not include incidental household hazardous waste or small quantity generator waste, which is commingled with solid waste;
3. Radioactive material, the storage or disposal of which is regulated by state or federal law.
D. “Person” means every person, firm, co-partnership, association, or corporation (RCW 70.95.030(14)).
E. “Residential” refers to any dwelling that contains one or more living quarters.
F. “Solid waste” means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage, sludge, demolition and construction wastes, and recyclable materials. (RCW 70.95.030(19)). (Ord. 1306 NS § 1(B), 2003).
8.04.030 Mandatory solid waste service.
For maintenance of health and sanitation and to provide more cost-effective rates, it shall be mandatory within the city limits that every structure occupied as a residence or currently used in a commercial nature shall subscribe to the services contracted by the city for the collection, removal, and disposal of solid waste, and it shall be unlawful not to have said services. This does not apply to portions of the waste stream that are being recycled through permitted recyclers. (Ord. 1306 NS § 1(C), 2003).
8.04.040 Removal by other than contractor.
It shall be unlawful for any person to collect and transport for fee purposes, other than at his own premises within the city, garbage, refuse, rubbish, waste or other materials, except such person, firm or corporation to whom such contract is awarded. Any person may remove, transport and dispose of such materials, created and accumulating at his own premises, but only to a disposal site approved for disposal of solid waste by all regulatory agencies having jurisdiction over such disposal sites. Such waste shall be transported in closed containers or secured in a manner so as not to litter public streets, roads, or highways, alleys, or other public or private properties. Removing and transporting of solid waste from one’s own premises will not exempt a person from the mandatory requirement in CMC 8.04.030. (Ord. 1306 NS § 1(D), 2003).
8.04.050 Minimum service levels.
The minimum solid waste service required in the city of Colville is one 32-gallon cart, one time per week, for all residential and commercial customers. Commercial customers with roll-off compactors are exempt from the one time per week requirement. (Ord. 1306 NS § 1(E), 2003).
8.04.060 Accumulation of solid waste.
It shall be the duty of the owner of any commercial establishment or residence to ensure that all solid waste that is created or accumulated is deposited into an approved container and is collected on a weekly basis. Commercial establishments with roll-off compactors shall ensure that all solid waste is compacted on a regular basis as it is generated and that arrangements are made with the contractor to empty the compactor on an as-needed basis. (Ord. 1306 NS § 1(F), 2003).
8.04.070 Garbage containers.
A. Every person, occupying any premises with the city limits shall have a container equipped with a close-fitting cover, sufficient to contain all garbage produced and accumulated upon the premises of a nature liable to decay, other noxious waste, animal or vegetable matter, noisome, putrid or offensive, or matter liable to become such, and to keep therein, all such garbage and matter until it is removed by the contractor.
B. Contractor will provide all roll-cart (32-gallon, 64-gallon, and 96-gallon) containers for residential and commercial customers. Commercial customers who need larger containers (two cubic yards and larger) have the option of owning their own container or renting their container from the contractor at the contractor’s established rental rates. All persons owning their containers shall be responsible for the maintenance and cleanliness of their container at their own costs. The contractor is not required to provide collection service to customer-owned containers that contractor deems to be unsafe and/or in disrepair. (Ord. 1306 NS § 1(G), 2003).
8.04.080 Garbage container location.
A. All garbage containers shall be accessible to the contractor at the time of collection.
B. In developed alleys accessible to the contractor’s equipment, containers shall be placed within five feet of the edge of the normally traveled roadway on the property owner’s or resident’s side of the alley, unless otherwise approved in advance of garbage collection.
C. During extremely heavy winter snow accumulation, owners or residents of alley collection service areas may be notified in advance by the city to temporarily relocate their containers to a street front in order for the contractor to make collections. Failure to relocate the containers will temporarily discontinue solid waste collection services to that owner or resident without a decrease in rates. The city will notify owners or residents when containers should be replaced to their original alley location.
D. In those parts of the city where there are no developed accessible alleys, garbage containers shall be placed within five feet of the street curb or edge of traveled roadway adjacent to the property owner’s or resident’s street front for solid waste collection. Containers may be placed at the street front no sooner than 12 hours before time of collection and shall be removed no later than 24 hours after collection time. The owner or resident to which the container is assigned will be responsible for the cost of any damage or vandalism up to the full replacement cost of any container which remains at the street front other than the time period herein stated. (Ord. 1306 NS § 1(H), 2003).
8.04.090 Billing for solid waste services.
The city has entered into an agreement with a contractor, which requires the contractor to directly bill customers for all solid waste services in accordance with this chapter.
A. Charges for any special services shall be determined by the mutual agreement of the city and the contractor.
B. As applied to this title, the definition of “customer” is the person in whose name the account is established and bill is issued. This is the person who is responsible for payment of the bill.
C. The contractor will mail monthly billings to the customer. The bills shall include basic charges for the previous month in which the customer receives the bill. The time period covered will be stated on the bill.
D. In addition to the monthly basic charge, the contractor will bill customers for collection of solid waste that exceeds the normal level of service designated by the customer.
E. The contractor will provide prorating of bills for partial months.
F. The bill provided by the contractor will clearly state the type of service for which the customer is being charged. The bill will include a breakdown of charges for each type of service and any applicable taxes and fees.
G. The bills provided by the contractor will be due in accordance with guidelines established by the contractor.
H. If a bill remains unpaid after 30 days from the bill date, the contractor shall send notification to the customer and property owner (if applicable, for informational purposes only) that services will be discontinued within five working days if payment is not received. The contractor may use whatever legal means are available to collect the delinquent account, including discontinuance of solid waste collection service. The contractor shall notify the city in writing of discontinued accounts due to delinquency for nonpayment. Occupied premises with discontinued solid waste service will be in violation of CMC 8.04.030. (Ord. 1306 NS § 1(I), 2003).
8.04.100 Piling and scattering refuse prohibited.
It is unlawful for any person to throw, place, or scatter any garbage, rubbish, ashes, trash or other refuse, over or upon any street or alley in the city or to pile or place the same upon any premises in the city, except for purposes of removal by the contractor or a special city program. (Ord. 1306 NS § 1(J), 2003).
8.04.110 Improper disposal in another’s container.
It is unlawful to deposit any solid waste in a solid waste container owned or maintained on the premises of another unless invited, licensed or otherwise privileged to do so. (Ord. 1306 NS § 1(K), 2003).
8.04.120 Name appearing on waste material – Presumption.
Whenever solid waste dumped in violation of CMC 8.04.110 contains three or more items bearing the name of one person, there shall be a rebuttable presumption that the person whose name appears on such items committed the unlawful dumping. (Ord. 1306 NS § 1(L), 2003).
8.04.130 Low-income senior/disability discounts.
Residents that meet the eligibility requirements for low-income senior citizen or low-income disabled citizens in Chapter 13.44 CMC, are entitled to receive a reduction in the basic rate for solid waste collection and disposal in accordance with the provisions of said chapter. The discount to the base rate shall apply to only one 32-gallon container regardless of the number or size of the container(s). The city will provide the contractor with the account numbers of residents who have met the requirements for discounts. (Ord. 1306 NS § 1(M), 2003).
8.04.140 Rates.
The monthly rates for solid waste collection and disposal are as set forth in Chapter 8.08 CMC. (Ord. 1306 NS § 1(N), 2003).
8.04.150 Penalty.
Any person violating any of the provisions of this chapter shall be guilty of a civil violation enforced by Chapter 1.10 CMC. (Ord. 1306 NS § 1(O), 2003).