Chapter 8.04
SOLID WASTE COLLECTION
AND DISPOSAL*
Sections:
8.04.010 Application of chapter.
8.04.040 Municipal collection services – Contract, schedule, rates.
8.04.050 Municipal collection services mandatory.
8.04.060 Exclusive collection.
8.04.070 Containers – Required – Specifications.
8.04.080 Duty to cause removal.
8.04.100 Burning solid waste – Prohibited.
*Prior legislation: 1967 code §§ 5.08.010 – 5.08.110 and 5.08.130.
8.04.010 Application of chapter.
To promote and maintain the community health and sanitation, it is the intention hereof to make the collection, removal, and disposal of solid waste within the city universal and compulsory through the establishment of a uniform system within the city. The provisions of this chapter shall be deemed an exercise of the power of the city to regulate the matters of health and safety consistent with the city’s general police powers. (Ord. 02-11 § 1, 2002)
8.04.020 Definitions.
A. “Ancillary disposal providers” are those persons that offer delivery, maintenance or clean-up services that, by their nature, include a disposal function. Ancillary disposal providers must provide a legitimate service other than solid waste collection and disposal service services equivalent to those provided by the city contract collector. Examples of ancillary disposal providers include, but are not limited to: businesses that deliver new appliances, carpet or other furnishings and remove and dispose of the replaced item; contractors that self haul construction and demolition wastes that they produce during the course of their regular business activities; and clean-up services that include a container or truck loading function in addition to hauling and disposal.
B. “City contract collector” and “contract collector” means any person entering into contract with the city for collection and removal of solid waste from premises in the city as provided by this chapter.
C. “Commercial customer” means a customer required to obtain a business license pursuant to Chapter 5.04 EWMC, except the following customers shall be considered residential customers for purposes of this chapter: (1) a customer operating a home occupation pursuant to Chapter 17.66 EWMC; (2) a customer operating a child day care center providing care for 12 or fewer children; (3) a customer operating a family day care home; and (4) a customer operating an adult family home.
D. “Commercial recyclable materials” means materials otherwise considered to be solid waste that are separated from disposed wastes by the generator for recycling or reuse, including but not limited to papers, metals, glass, plastics, and other materials that the city and the contracted collector determine to be recyclable.
E. “Person” means any natural person, firm, partnership, corporation, institution, association, or other entity, public or private, whether acting by themselves or by a servant or employee. The term also means the occupant and/or owner of the premises for which services mentioned in this chapter is rendered.
F. “Premises” means any building (including mobile homes and manufactured homes), lot, parcel, real estate or land or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips, including, but not limited to, dwellings, 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.
G. “Solid waste” means all putrescible and nonputrescible solid and semi-solid wastes from all public and private premises. For the purposes of this chapter, “solid waste” includes, but is not limited to, garbage, refuse, rubbish, ashes, industrial wastes, materials placed in residential recycling containers, demolition and construction wastes, and swill; provided however, that “solid waste” does not include recognized industrial by-products, commercial recyclable materials, sewage, sludge, septage or abandoned vehicles or parts thereof.
H. “Swill” means and includes every refuse accumulation of animal, fruit, or vegetable matter, liquid or otherwise, that attends the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit, or vegetables, except coffee grounds.
I. Words herein used in the present tense shall include the future tense, and in the singular shall include the plural and in the plural shall include the singular, and in the masculine shall include the feminine. (Ord. 02-11 § 1, 2002)
8.04.030 Administration.
The provisions of this chapter shall be administered by the city street superintendent or his/her authorized designee. (Ord. 02-11 § 1, 2002)
8.04.040 Municipal collection services – Contract, schedule, rates.
The city council may collect directly or may contract with a responsible person, properly qualified and equipped therefor, to collect, remove and dispose of all solid waste in the city. The solid waste collection schedule, rates, and routes shall be as determined and approved by city ordinance or resolution. The city may provide by contract with a city contract collector for collection of rates consistent with the city approved rates. (Ord. 02-11 § 1, 2002)
8.04.050 Municipal collection services mandatory.
Solid waste collection and removal services as provided for herein shall be mandatory for all premises within the city. Except as otherwise provided for in this chapter, no person, other than city contract collector, may engage in the business of solid waste collection within the city. (Ord. 02-11 § 1, 2002)
8.04.060 Exclusive collection.
The city and/or city contract collector shall have the exclusive right to collect and transport solid waste. Notwithstanding the foregoing, it is permitted that persons and ancillary disposal providers may transfer solid waste to a solid waste transfer station or directly to a solid waste landfill. (Ord. 02-11 § 1, 2002)
8.04.070 Containers – Required – Specifications.
A. Every person in possession, charge or control of any premises where solid waste is created or accumulated shall have containers of a size, type and construction approved by the city or city contract collector, sufficient to contain all solid waste produced and accumulated upon the premises and shall deposit or cause to be deposited said solid waste therein.
B. All containers shall be placed in a convenient and easily accessible location, at a distance from improved public or private streets or alleys as the city or city contract collector shall designate, but shall not be so placed until a reasonable time prior to collection and shall be removed within a reasonable time thereafter. The city or city contract collector shall have discretion, in the case of multiple dwelling units, multiple occupancy commercial establishments, mobile or manufactured home parks to direct the location of containers, either at one central location within such developments, or at each individual unit.
C. Solid waste which is of a type not practical to place in containers may be securely bundled or bagged so that none of the materials blow about and are not easily broken apart.
D. All walks, paths and driveways from the container storage areas to the place of loading shall have an unrestricted overhead clearance of not less than 10 feet. (Ord. 02-11 § 1, 2002)
8.04.080 Duty to cause removal.
It shall be the duty of every person in possession, charge, or control of any premises to cause such solid waste to be removed and disposed of by the city or the city contract collector. (Ord. 02-11 § 1, 2002)
8.04.090 Prohibited acts.
It is unlawful for any person to throw, place or scatter any solid waste 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 at the time and within the period specified in this chapter. It shall also be unlawful for any person to deposit solid waste that is created and accumulated on one premises into the containers on another premises, without the express permission of the person in control of the second premises. (Ord. 02-11 § 1, 2002)
8.04.100 Burning solid waste – Prohibited.
It shall be unlawful for any person to burn any solid waste within the city. (Ord. 02-11 § 1, 2002)
8.04.110 Violation – Penalty.
Any person who shall violate or fail to comply with any of the provisions of this chapter, or who shall counsel, aid, or abet any such violation or failure to comply, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine and/or imprisonment as set forth in EWMC 1.20.010 as the same exists now or may hereafter be amended. (Ord. 02-11 § 1, 2002)