Chapter 8.12 SOLID WASTE

A. “Additional pickup” means collection of regular service, upon request of the customer, on a day or at a time other than the regularly scheduled day and time. Any amount collected upon such a request which is in excess of the regularly scheduled service shall be charged for at the extra cart, extra container or extra yard waste rate, as applicable.

B. “Cart” means a wheeled receptacle with attached lid with handles and a tight-fitting cover, capable of being mechanically unloaded into collection vehicles operated by the collector in accordance with the contract specifications and which is 20 gallons, 32 gallons, 64 gallons or 96 gallons in capacity. A city-owned cart designed specifically for the city’s solid waste automated collection operation and shall be rodent and insect resistant.

C. “City” means the city of Enumclaw.

D. “Code enforcement officer” means enforcement could include violation letters, notice and orders, stop work orders, citations, the placement of liens upon property, predictability in code interpretations, compliance actions, and establishes written and pictorial evidence to confirm alleged violations.

E. “Collector” or “collector of solid waste and/or recyclables” means the city, or a person, company, or contractor with whom or which the city has entered into a contract by which such person or firm collects and removes solid waste, recyclables, yard waste, and food waste as provided in this chapter, and in such contract.

F. “Commercial” applies to all customer classes and types other than single-family dwellings and duplexes where a cart will adequately serve the customer based upon weekly pickup.

G. “Container” means a detachable container which is any container larger than one cubic yard to be left at a customer’s premises and to be emptied into the collection vehicle and which is lifted by mechanical means. All such containers shall be metal or of another material found by the city to be equally good for such purpose, easily cleanable and insect proof and rodent proof and approved by the city. If the containers are to be used for wet waste of any kind, they shall be watertight and have metal or plastic lids.

H. “Collection vehicle” means a vehicle used for the collection and/or transportation of commercial or residential solid waste, recyclables, yard waste, and food waste.

I. “Customer” means every person, firm, partnership, association, institution and corporation utilizing solid waste collection or recyclables collection services in the city of Enumclaw. The term shall also mean the occupant and/or the owner of the premises for which service mentioned in this chapter is rendered.

J. “Director” means the Enumclaw public works director responsible for various duties including the administration of this chapter for the city.

K. “Dwelling unit” means any building or portion thereof which contains living facilities, including provision for sleeping, eating, cooking and sanitation, and including not more than one kitchen for not more than one family.

L. Enclosure Space Requirements. The solid waste and recycling enclosure space is the area designated on site to store solid waste, recycling, yard waste, and food waste including a solid waste compactor.

M. “Extra solid waste” is any solid waste material placed for collection in addition to the regular collection service, which is within acceptable weight limits, is placed in a tightly closed plastic bag, is able to be reasonably handled by one person, and is placed within a five-foot radius of the solid waste cart or container. Cans (plastic or metal are acceptable) may also be used to store extra solid waste but must be no larger than 32-gallon capacity, be watertight, and must have a close-fitting lid that is insect and rodent resistant.

N. “Extra recycling” means any recycling placed on, in, or around the vicinity of the collection cart in excess of the capacity of the cart.

O. “Extra yard waste” is any yard waste material placed for collection in addition to the regular collection service, which is within acceptable weight limits, is placed in a tightly closed compostable bag and labeled as yard waste, is able to be reasonably handled by one person, and is placed within a five-foot radius of the cart. Cans may also be used to store extra yard waste but must be no larger than 32-gallon capacity, be watertight, have a close-fitting lid, and be reasonably handled by one person.

P. “Food waste” means all compostable pre- and post-consumer food scraps, such as whole or partial pieces of produce, meats, bones, cheese, bread, cereals, coffee grounds, and eggshells as defined in RCW 70A.205.715(5)(a)(i) and (ii). “Food waste” shall not include dead animals, plastics, diapers, cat litter, liquid wastes, ashes, pet wastes, or other materials prohibited by the city’s selected composting facility. A complete list of acceptable items and prohibited items will be provided on the city’s website, provided to any resident or commercial/industrial enterprise by email, or by visiting the public works office.

Q. “Front-load container” means a city- or hauler-owned container, from one and one-half yards to eight yards in capacity, designed to be emptied by an automated front-loading truck.

R. “Hazardous wastes” are those waste products which the city is unable to collect, transport or dispose of because of potential danger therefrom to personnel, equipment or landfill site or which rules of the health department, the Washington State Department of Ecology, city, or the Environmental Protection Agency prohibit it from collecting, transporting, or disposing of through the designated disposal system.

S. “Multifamily (MF) development” means a building or buildings containing three or more dwelling units on one parcel of land. Examples of multifamily development include duplexes (if multiple duplexes exist on one lot), townhomes or townhouses, cottage housing (if multiple cottages exist on one lot) and apartment buildings on a consolidated solid waste collection bill.

T. “Nonstandard solid waste” is all waste that the city is unable to or does not have the resources to transport and dispose of. This may include but not be limited to metals (ferrous or otherwise), waste oils and greases, large volumes of wastes (exceeding the capacity of the carts or containers owned by the city), hazardous or special wastes, and/or other items not accepted at the city’s designated point of disposal for solid waste, recycling, food waste, and yard waste. A complete list of acceptable items and prohibited items will be provided on the city’s website, provided to any resident or commercial/industrial enterprise by email, or by visiting the public works office.

U. “Private drive” means a privately owned or maintained way serving fewer than four residences or serving less than one residence for every 100 yards in length.

V. “Private road” means a privately owned and maintained way that allows for access by a service truck, and which serves four or more residences.

W. “Public street” means any public way used by the public for travel, including alleys.

X. “Recyclable materials” means materials which have passed through their originally intended usage, have use or value as a commercial commodity, and are intentionally separated from solid waste by their original consumer for collection for the purpose of recycling, reuse, reprocessing or remanufacture in accordance with the methods prescribed in this chapter. “Recyclable materials” include but are not limited to paper, cardboard, metal, aluminum, glass, and plastic. A complete list of acceptable items and prohibited items will be provided on the city’s website, provided to any resident or commercial/industrial enterprise by email, or by visiting the public works office.

Y. “Registered contractor” means a contractor that has registered within the city to collect nonstandard solid waste and dispose of said materials in an approved manner designated by the state of Washington. Certain requirements must be met and are outlined on the city’s website.

Z. “Residence” or “residential” means any house, dwelling, multiunit residence, apartment house, trailer court or any building put to residential use.

AA. “Single-family residence” means all one-unit houses, duplexes, or mobile homes with individual collection and billing located on a public street, private drive, or private road.

AB. “Solid waste” includes the following:

Nonrecyclable papers: disposable wipes, hardcover books, foil wrapping paper, coated, shiny paper plates, facial tissue, shredded paper (bagged).

Nonrecyclable plastics: Styrofoam products, plastic plates, caps and small lids, plastic utensils, empty prescription vials, food bags/containers, diapers, hangers.

Nonrecyclable metal: caps, list, empty oil containers, empty latex paint cans (remove lids, dried, hardened paint ok), hangers.

Nonrecyclable glass: light bulbs (fluorescent light bulbs and tubes need special disposal), broken glass/items, mirrors.

Other garbage: clothing, cold ash, shoes, toys, small furniture, vacuum bags and dust, plastic packaging for food and other products, and animal waste.

Solid waste shall not include industrial byproducts, sewage, hazardous or special wastes, recyclables, or yard wastes. A complete list of acceptable items and prohibited items will be provided on the city’s website, provided to any resident or commercial/industrial enterprise by email, or by visiting the public works office.

AC. “Yard waste” means leaves, grass, prunings, garden trimmings, branches, and small trees. Materials larger than four inches in diameter or four feet in length are excluded. Kraft paper bags or cans no larger than 32-gallon with a close-fitted lid labeled “Yard Waste” may also be used to contain extra yard waste. A complete list of acceptable items and prohibited items will be provided on the city’s website, provided to any resident or commercial/industrial enterprise by email, or by visiting the public works office. (Ord. 2771 § 1, 2024).

8.12.020 Removal – Duty.

It shall be the duty of every person to cause solid waste, recyclables, yard waste, and food waste to be removed and disposed of by the city or designated collector. (Ord. 2771 § 1, 2024).

8.12.030 Administrative and enforcement responsibilities.

The administration and enforcement of this chapter shall be the responsibility of the director and the officers or employees to which he or she shall delegate such responsibility. The director or his or her designate may make inspections to enforce this chapter and may notify the property owner, customer, or solid waste collector that he or she is in violation of this chapter. The director shall issue any written rules which are consistent with the chapter and are necessary for good administration.

It is unlawful for anyone, except the following, to collect solid waste within the city of Enumclaw:

A. The city;

B. The city’s designated contractor;

C. Registered contractors for collecting nonstandard solid waste within the city;

D. Citizens who self-haul solid waste originating within their own establishments; and

E. Businesses who, in their own vehicles, transport solid waste purely as an incidental adjunct to some other established private business owned or operated by them in good faith. This private-carrier exemption does not include persons transporting solid waste from residential sources, such as apartment houses or mobile home parks, in vehicles designed or used primarily for the transport of solid waste. (Ord. 2771 § 1, 2024).

8.12.040 Solid waste services fund.

There is created and established an enterprise fund to be known and designated as the city solid waste services fund, into which all sums collected under this chapter shall be deposited and kept by the city of Enumclaw’s finance director. (Ord. 2771 § 1, 2024).

8.12.050 Solid waste collection required.

A. All persons and properties within the city are required to sign up for and use the solid waste collection system of the city or the entity set forth in subsection N of this section, and it shall be unlawful for any person, other than those duly authorized by the city, to haul solid waste through the streets of the city. All dwellings, apartment houses, and places of business within the city limits with active water meters will be charged a minimum solid waste collection level of 20 gallons. If any customer requests a certain level of collection service but that customer exceeds the amount of solid waste allowed for that level of service, the city shall charge additional units based on quantity collected. One solid waste service account may be shared between adjacent properties or owner and lessee of a single property if they meet current city policy approved by the director. The policy is available on the city’s website, provided to any resident or commercial/industrial enterprise by email, or by visiting the public works office.

Rates for the collection and disposal of city-provided services for the collection and disposal of solid waste, recyclables, food wastes, and yard waste are provided under separate ordinance and are provided on the city’s website, provided to any resident or commercial/industrial enterprise by email, or by visiting the public works office.

B. The city of Enumclaw has a system of universal compulsory solid waste collection and also a system by which recyclable materials and yard waste shall be collected. Accordingly, every person in possession, charge or control of any house, dwelling, multiunit residence, apartment house, trailer court or any building put to residential use with an active water meter shall be charged for solid waste collection service. Collection of recyclable materials is included in the rate for single-family residential customers, collection of recyclable materials at an additional cost for commercial customers, and the collection of yard wastes at the rates in the city’s most current fee resolution.

C. It is the duty of every person in possession, charge or in control of any house or dwelling, or of any rooming house, multiunit residence, apartment house or trailer court, to keep or cause to be kept a city-provided individual solid waste cart for each dwelling or unit therein; provided, in lieu of or in addition to solid waste carts, apartment houses, business, churches, and schools may use large containers, as hereinafter specified.

D. In addition, the city or the city’s contracted collector of recyclable materials shall provide all such persons based on their service type and level with appropriate and city-approved recycling carts or containers, to be picked up by the city or the collector of recyclable materials per its agreement with the city.

E. In addition, the city or the city’s contracted collector of yard waste materials shall provide all such persons based on their service level with appropriate and city-approved yard waste carts or containers, to be picked up by the city or the collector of yard waste materials per its agreement with the city.

F. The person in control of such dwelling or rooming house, apartment house or trailer court shall deposit or cause to be deposited in the carts or containers all solid waste accumulating on the premises.

G. The person in charge of the premises likewise shall place or shall arrange to place recyclable materials in the recycling carts or containers provided by the city or collector. The person or entity in control of any apartment house or other multifamily structure shall provide an area on the premises for the location of recycling carts or containers for use by all residents of such facilities. The carts and containers shall be located so that they may be picked up by the collector of recyclable materials per its agreement with the city. Extra recyclables placed on or around the recycling cart or container will not be picked up. Customers may request an additional recycling cart or self-haul recyclables to an accepted recyclables handler.

H. The person in charge of the premises likewise shall place or shall arrange to place yard waste materials in the yard waste carts or containers provided by the city or collector. The person or entity in control of any apartment house or other multifamily structure shall provide an area on the premises for the location of yard waste carts or containers for use by all residents of such facilities. The carts and containers shall be located so that they may be picked up by the city or the collector of yard waste materials per its agreement with the city. Unflocked, undecorated, whole Christmas trees cut to less than four feet in height are acceptable. Extra charges apply for yard waste not contained in yard waste 96-gallon city-provided cart.

I. All persons shall place the solid waste, recycling, and yard waste carts within five feet of the curb or edge of the public street abutting the property, shall set them out by 6:00 a.m. and not more than 12 hours before the scheduled pickup time, and shall remove them from the pickup location in not less than 12 hours after the scheduled pickup. Those customers with alley collection may leave their carts or containers in the alley unless the collector or city requests the customer to store the cart or container elsewhere due to space constraints, or health and safety concerns. All carts/containers shall be kept clean inside and out to reduce odors and when solid waste/recyclables/yard waste is placed in any of the carts the lid shall be properly closed.

J. It is the duty of every person in possession, charge or control of any shop, place of business, school, church or manufacturing establishment wherein solid waste is created or accumulated to keep or cause to be kept in a place accessible to the collector either a sufficient number of solid waste carts such as are required for residential users, and subject to the same conditions, or may use larger containers or containers suitable for mechanical handling for such refuse. The city shall furnish such a large container to any customer who orders one for service at the rates specified in this chapter. All such containers shall be kept clean inside and out to reduce odors. A customer requesting a clean one-and-one-half-yard to eight-yard container may contact the city to schedule this service at no additional charge. All containers must be accessible by 6:00 a.m. on collection day.

K. The city or designated collector may collect extra solid waste on or around automated carts or containers. If additional solid waste is generated on the premises that cannot be accommodated by regularly scheduled service in the automated carts or containers provided, the customer shall request and use additional automated carts or containers, request additional pickups outside normal day or be subject to additional charges as set forth in this chapter.

L. At commercial locations the owner or tenant may use outside registered contractors for the rental, collection, and disposal of solid wastes with 10-yard to 40-yard containers, compactors, and special waste handling and removal contractors for collection of such special wastes. At commercial locations the owner or tenant has the option to self-haul recyclables or participate in the city’s recyclable collection service.

M. It is unlawful for anyone other than the owner or renter of the property receiving solid waste service to deposit any solid waste or other material therein into the solid waste cart or container except with the permission of such owner or renter.

N. Annexed territories within the city shall have their solid waste, recycling, yard waste, and food waste collected, hauled, and disposed of as per the “Solid Waste Collection Agreement” dated July 14, 2022, pursuant to city of Enumclaw Resolution 1758. All customers being serviced by separate franchise in the annexed territories shall comply with all portions of this code except as noted here that their solid waste, recycling, yard waste, and food waste will be collected, hauled, and disposed of by separate franchise.

O. Mobile home park (MHP) owners are required to sign up for solid waste collection with the city if the MHP does not have a self-haul agreement with the city.

1. Mobile home parks may choose to have city-provided solid waste, recyclable, and yard waste collection, hauling, and disposal at individual residences and be billed individually for such services, provided each individual residence has an active gas meter connected to the city’s natural gas distribution system. (Ord. 2771 § 1, 2024).

8.12.060 Additional services.

In addition to regular solid waste collection services, the city will provide the following services:

A. Recycling Services.

1. Commingled recycling services shall be available to residential customers of the city, with the collection of recyclable materials occurring curbside and in a manner compatible with the collection for regular solid waste collection. Commingled recycling collection shall involve collection of newspapers, cardboard, magazines, mail, mixed paper, catalogs, tin and aluminum cans, milk jugs and plastic bottles with necks smaller than their bases, paper milk-type cartons, phone books, paper bags, cereal boxes, and paper frozen food boxes. A complete list of acceptable items and prohibited items will be provided on the city’s website, provided to any resident or commercial/industrial enterprise by email, or by visiting the public works office. In connection with commingled recycling services, the following shall apply:

2. Commingled recycling services for single-family and multifamily residential units up to one unit per solid waste cart shall be picked up every other week on a year-round basis.

3. The charges for recycling shall be as set forth in separate ordinance.

4. No person shall remove any recyclable material or solid waste placed in or immediately adjacent to a cart or a container as part of a city solid waste or recycling program without the consent of the generator of such recyclable material or solid waste or of the city owning or operating the cart or container under contract with or under authority of the city of Enumclaw.

If recycling is found to contain contamination by inclusion of materials not allowed, the cart or container will not be emptied. Loose recyclable items placed on or near the recyclable cart on the designated pick-up day will not be picked up.

B. Yard Waste Services. The collection of yard waste shall be available for residential or commercial properties within the city. Yard waste services shall be subject to the following:

1. Yard waste includes materials which consist of leaves, brush, tree trimmings, grass clippings, weeds, shrubs, food waste, garden waste from vegetable gardens, and other compostable organic materials resulting from landscaping, pruning and yard maintenance generated from residents. Branches or roots must be smaller than four inches in diameter; branches and brush must be of a length to fit in the closed yard waste cart.

2. Yard waste does not include stumps, demolition wood, large amounts of dirt, rocks, glass, plastics, metal, concrete, sheetrock, asphalt, or any other nonorganic land clearing debris. If yard waste is found to contain contamination by inclusion of materials not allowed, the cart will not be emptied.

3. Yard waste shall be picked up every other week on a year-round basis. Carts removed and redelivered within 12 months will be assessed a delivery charge. (Ord. 2771 § 1, 2024).

8.12.070 Residential collection – Type of services.

A. Curb Service. Customers shall be responsible for placing refuse carts, recycling carts, and yard waste carts for automated service at the front curb line (within zero to five feet of the curb) or at the edge of the street or alley in front of or adjacent to the property being serviced on collection days.

Any customer on curb service may leave at the curb, public street edge or alley an extra can or cans, bags, or bundled materials (in addition to his/her regular service). Such extra can(s), bags, or bundled materials, not exceeding 32-gallon or 65 pounds for each item, shall then be picked up along with the first cart for an additional charge listed in the schedule of charges under separate ordinance.

B. Automated Service. Automated service shall be used in all residential areas where automated carts are provided by the collector.

C. In case of any dispute as to where customers on curb service are to place such carts, decision of the director after consultation with city staff and customer shall be final. (Ord. 2771 § 1, 2024).

8.12.080 Commercial cart or container services.

A. Under commercial cart or container service, a commercial customer requests the city to provide a cart or container to be placed at a central location on his or her premises in accordance with EMC 8.12.290. If a cart service is already in effect, such cart service shall automatically be discontinued upon placement of a commercial container.

Carts range in size 20- to 96-gallon carts and containers range in size one and one-half to eight cubic yards in capacity. Customers can arrange, by contacting the city, to have a cart or container emptied up to five times per week, Monday through Friday.

B. All carts or containers shall be placed in a location accessible to the city and if secured they must be unlocked on collection day by 6:00 a.m.

C. Customers can request extra pickup of their cart or container outside of their normal service day(s) for an additional charge as set forth in the schedule of charges. Calls prior to 1:00 p.m. of pickup day will be same day services. Requests received after 1:00 p.m. will be next day service by 2:15 p.m.

D. Carts or containers should not be overfilled. They shall not be loaded so heavily that the collector cannot easily move them. They shall be placed on hard and level surfaces. Lids should close properly when the cart or container is full. Should the cart or container be overfilled by the customer, there shall be an additional charge as set forth in the schedule of charges. (Ord. 2771 § 1, 2024).

8.12.090 Food waste.

All commercial establishments generating four or more cubic yards per week of food waste shall separate food waste from regular solid waste and place in a food waste cart or container provided by either the city or registered contractor. Collection of food waste will begin on January 1, 2025, with a collection schedule of at least once per week and more often as necessary depending on food waste generated by the commercial establishment and the size of the cart/container. (Ord. 2771 § 1, 2024).

8.12.100 Holiday and inclement weather collection schedule.

For the purposes of this chapter and the scheduling of the services provided hereby, the following days shall constitute holidays: New Year’s Day, Thanksgiving Day and Christmas Day. For regularly scheduled service, when pickup or collection is missed due to the observance of a holiday or inclement weather, the city shall provide service on an alternate day at no additional cost to the customer. Alternate day pickup schedules will be provided on the city’s website or by visiting the public works office during normal business hours. (Ord. 2771 § 1, 2024).

8.12.110 Discontinuance of service.

The collector shall use its best efforts to provide solid waste collection service to all customers in the applicable service areas. However, upon written approval from the director, the city may deny or discontinue service to a customer if the director or his or her designee determines pursuant to the procedures of this chapter or regulations promulgated pursuant to this chapter that a customer’s acts or omissions warrant the denial or discontinuance of service. The city or the collector shall discontinue service to a customer only when notified in writing to do so by the director and only after providing the customer affected with 10 business days’ written notice. (Ord. 2771 § 1, 2024).

8.12.120 Removal – City right to contract.

The city may collect and remove solid waste or may ask for and receive bids for the collection, removal and disposal of solid waste, recyclables, food waste, yard waste, and other substances as provided for in this chapter, and enter into solid waste contracts accordingly. The contracts shall be for not more than six years but may be made subject to cancellation by the contractor on 60 days’ written notice at the middle point only of the contract, without forfeiture by the contractor of the cash or surety bond described in EMC 8.12.130. There shall be added a charge of 20 percent to the amount from the contractor to cover the billing, collection and administration expenses of this contract, which charge shall be paid by the customer together with the original billing to the city. (Ord. 2771 § 1, 2024).

8.12.130 Contractor’s bonds.

Contractors under the provisions of this chapter shall be required to furnish a cash or surety bond, approved by the city council, in an amount not less than $500.00, conditioned for the faithful performance of their duties, and the payment of any and all damages occasioned by their willful act or negligence of their duties. (Ord. 2771 § 1, 2024).

8.12.140 Contract termination – Reimbursement for equipment.

Every contract entered into by virtue of this chapter shall specify that the city may terminate such contract for failure of performance on the part of the contractor, and may in any event terminate the contract upon 60 days’ notice without cause; provided, that in event the contract is terminated without cause, the city shall purchase all equipment used in connection therewith at a value to be determined by a board of appraisers, one appointed by the contractor, one by the city and a third by the two thus appointed. The decision of any two appraisers is controlling. (Ord. 2771 § 1, 2024).

8.12.150 Authorized collector only.

From and after the effective date of the ordinance codified in this chapter, it is unlawful for any person other than the duly authorized collector and/or contractor to engage in the business of collection, removal or disposal of solid waste, refuse, etc., in the city, or to use the solid waste transfer station without special permission from the city for the specific purpose desired. (Ord. 2771 § 1, 2024).

8.12.170 Contracted services/assets employed by contractor.

All trucks, vehicles, carts, and containers (assets) used by a contractor must be clearly identified with the contractor’s logo, name, and telephone number clearly visible on the asset. All assets shall be kept clean and in a presentable fashion so as not to be unsightly, watertight to contain any wet wastes, and be insect and rodent resistant. The contractor shall be responsible for establishing pickup times and dates for their customers, and billing for services. (Ord. 2771 § 1, 2024).

8.12.180 Collector – Records.

The collector shall keep an accurate account of all services rendered with the names, locations, and items and dates of service, on forms to be furnished by the city and shall turn the same in to the director not later than the twenty-fifth day of each month; and he shall also be required to provide a telephone for the receiving of calls related to matters connected with his contract, or report at regular specified times, as the city may require, to the director. (Ord. 2771 § 1, 2024).

8.12.185 Utility tax on solid waste collection.

A. An eight percent utility tax shall be applied to the solid waste utility gross receipts and/or amounts collected by private carriers of solid waste, recyclable, yard waste or food waste materials. The gross receipts consist of those moneys received from charges as set forth in the adopted fee schedule.

B. This utility tax shall be applied to mobile home parks which collect solid waste or recyclable materials for the residences of the park, which amount of tax shall be determined by applying the amount of the tax rate times the amount the mobile home park pays to the disposal or receiving site.

C. The mobile home park shall submit a quarterly report in a form provided by the city setting forth, under oath, the amount of the fees paid to the disposal or receiving site, and they shall make payment of the applicable tax within 30 days from the end of each quarter. Delinquencies may be assessed interest at the rate established for judgments in King County superior court plus a penalty of 10 percent times the amount owed, less interest.

D. Private carriers of solid waste or recyclable materials shall submit quarterly reports on the amount charged to customers and pay a utility tax on the amount received from customers, at a rate as set forth above. The report shall be on a form provided by the city and shall be submitted together with the above tax within 30 days from the end of each quarter. Delinquencies may be assessed as set forth in subsection C of this section. (Ord. 2771 § 1, 2024).

8.12.190 Solid waste and recycling enclosures.

A. Purpose. The purpose of establishing solid waste and recycling enclosure standards is to ensure that new construction and tenant improvements incorporate the space required for solid waste collection and storage for solid waste and recycling carts or containers by:

1. Establishing mandatory minimum storage space requirements for solid waste and recycling enclosures in multifamily residential and all other nonresidential development; and

2. Providing location and design guidelines that will assist the applicant in the development of a solid waste and recycling enclosure; and

3. Creating solid waste and recycling enclosures that limit impacts associated with solid waste and recycling storage, including environmental and public health impacts.

B. Exemptions. The following are exempt from the requirements of this section:

1. Multifamily dwellings, manufactured homes, and bed and breakfast inns that will be served by curbside collection.

2. Detached single-family and accessory dwelling units and construction sites.

3. Transportation, communication, information and utilities, mining and extraction establishment, agriculture, and other uses.

C. Solid Waste and Recycling Enclosure Space Requirements. The solid waste and recycling enclosure is the area designated on site to store solid waste and recycling including a solid waste compactor. The following minimum space requirements for recycling and solid waste enclosures shall be incorporated into the design of all development that this section applies.

D. Location and Accessibility.

1. Enclosures shall not interfere with the primary use of the site and shall:

a. Minimize exposure of residents or employees to waste-related noise and odor.

b. Minimize conflicts between collection trucks and pedestrian or vehicular traffic.

c. Not be located in required yards, critical area buffers, utility corridors, or easements.

d. Not be located within 12 feet of a fire hydrant, unless approved by the fire marshal.

2. Enclosures for multifamily residential developments shall be located and equipped as follows:

a. There shall be one collection point for every 30 dwelling units. This requirement is not applied to multifamily buildings with more than 30 dwelling units within a single building.

b. No dwelling unit within the development shall be more than 200 feet from a solid waste and recycling enclosure.

c. Solid waste, recycling and compost carts or containers shall be colocated.

3. Enclosures for nonresidential development may be centrally located.

4. The solid waste and recycling enclosure location shall allow for access by the solid waste hauler and in a location that allows for accomplishment of the general standards in this section.

E. General Standards for New Commercial Construction, New Residential Mixed Use, and New Multifamily. The following requirements shall apply to all solid waste and recycling enclosures. On a case-by-case basis, the city may reduce or eliminate requirements of this section for new construction tenant improvements that are not legal nonconforming. Tenant improvement applicants shall submit a written request to the city for relief from specific requirements. The director will respond in writing to the request for relief.

1. Enclosures shall be incorporated into the layout of the project and identified on civil plans.

2. Drainage. Stormwater from solid waste and recycling areas (trash enclosures) shall not enter the city’s stormwater system or infiltrate into the ground. Please refer to the city of Enumclaw’s stormwater manual for additional requirements relating to drainage of storage enclosures.

3. Weather Protection. Solid waste and recycling enclosures shall include sight obscuring siding or solid walls to reduce blow-in of rainfall. The siding of the enclosure shall meet the requirements established in EMC 8.12.290, Design standards.

4. Gate Openings. Enclosures shall have gate openings at least 12 feet wide for haulers to remove solid waste and recycling. In addition, the gate opening shall have a vertical clearance of at least 12 feet. Gate materials shall be consistent with the materials and design of the primary structure(s).

F. Review and Approval. The proposed site plan and enclosure detail shall be submitted to the city for review and approval at site plan entitlement. (Ord. 2771 § 1, 2024).

8.12.200 Waste to comply with the Resource Conservation Recovery Act.

A. All waste generated or collected from within the corporate limits of the city which is delivered to the system for disposal shall be in compliance with the Resource Conservation Recovery Act, as amended (42 U.S.C. 6901 et seq.), Chapter 70A.205 RCW.

B. A copy of those provisions set forth in subsection A of this section shall be made available for public review with the city clerk/treasurer, city of Enumclaw, during normal business hours. (Ord. 2771 § 1, 2024).

8.12.210 Storage.

It is unlawful for any person, firm or corporation to store or permit the storage of solid waste for collection on or about their premises or premises occupied by them unless the solid waste is kept in a city-provided cart, container or other receptacle authorized by the city. (Ord. 2771 § 1, 2024).

8.12.220 Bulk collection – Containers.

Large suitable containers for bulk collection of solid waste and refuse may, with the approval of the city, be used by hotels, restaurants, boardinghouses, eating places, apartment houses, schools, hospitals, and in the business districts. (Ord. 2771 § 1, 2024).

8.12.230 Temporary – Containers.

Customers can rent temporary one-and-one-half- to eight-yard containers for residential cleanup of household trash on a 30-day rental basis up to three months maximum. No yard waste, sand, dirt, cement, rocks, appliances, TVs, computers, water or oils, metals, or mattresses. All furniture must be broken down and all items must fit inside the dumpster with lid closed. All temporary containers will be billed monthly for a period not to exceed a maximum of three months. (Ord. 2771 § 1, 2024).

8.12.250 Charges – Billing – Lien against property.

Charges are to be billed by the city on the last business day of each month for the current month and shall be payable within 30 days thereafter. If not so paid shall become collectable or a lien against the property for which the solid waste service is rendered and collectable as provided in RCW 35.21.140 and 35.21.150.

A. City will age individual accounts receivable monthly. Accounts will be tracked at 30 days, 60 days, and 90 days overdue, at a minimum.

B. City will send past due notices in accordance with the Enumclaw Municipal Code and account receivable collection procedures.

C. Appropriate interest and penalties will be charged for past due accounts.

D. Services will not be provided to delinquent accounts, except where approved by city administration.

E. Finance director will contract with a collection agency to comply with the requirements of RCW 19.16.500, Public bodies may retain collection agencies to collect public debts – Fees. (Ord. 2771 § 1, 2024).

8.12.260 Unlawful burning of solid waste.

It is unlawful for any person, firm or corporation to burn any solid waste or waste containing solid waste, or to burn any other waste materials of a type that creates an offensive odor, except in an incinerator for which there is a valid permit issued pursuant to this chapter and as permitted by the regulations of the Puget Sound Clean Air Agency. (Ord. 2771 § 1, 2024).

8.12.270 Unlawful to throw, place or scatter solid waste.

It is unlawful for any person, firm or corporation to throw, place or scatter any solid waste as listed above upon a city street, alley or driveway, or adjacent thereto, either with or without the intent of later removal, or to suffer or permit the accumulation of such on any premises owned, occupied or controlled by the person, firm, or corporation, which would make the premises offensive, unsanitary, unsightly or unsafe to public health or hazardous to fire.

A. It shall be unlawful for any person to dump or deposit or permit the dumping or depositing of any solid waste onto or under the surface of the ground or into the waters of this state except at a solid waste disposal site for which there is a valid permit. This section does not:

1. Prohibit a person from dumping or depositing solid waste resulting from his or her own activities onto or under the surface of ground owned or leased by him or her when such action does not violate statutes or ordinances, or create a nuisance;

2. Apply to a person using a waste-derived soil amendment that has been approved by the Department under RCW 70.95.205; or

3. Apply to the application of commercial fertilizer that has been registered with the Department of Agriculture as provided in RCW 15.54.325, and that is applied in accordance with the standards established in RCW 15.54.800(3).

B.1. It is a class 3 civil infraction as defined in RCW 7.80.120 for a person to litter in an amount less than or equal to one cubic foot.

2. It is a misdemeanor for a person to litter in an amount greater than one cubic foot but less than one cubic yard. The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or $50.00 per cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the jurisdictional health department investigating the incident. The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section if the person cleans up and properly disposes of the litter.

3. It is a gross misdemeanor for a person to litter in an amount of one cubic yard or more. The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or $100.00 per cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the jurisdictional health department investigating the incident. The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section if the person cleans up and properly disposes of the litter.

4. If a junk vehicle is abandoned in violation of this chapter, RCW 46.55.230 governs the vehicle’s removal, disposal, and sale, and the penalties that may be imposed against the person who abandoned the vehicle. (Ord. 2771 § 1, 2024).

8.12.280 Dead animals.

No occupant or owner of the premises for which service is rendered shall allow the dead carcass of any animal or fowl to remain within the city limits for a period of more than 24 hours after the death of same and shall, upon the death of such animal, cause the same to be removed from the limits of the city within 24 hours after the discovery of the death thereof and properly disposed of. Dead animals shall be disposed of through procedures approved and/or accepted by the King County Humane Society or other agency authorized to dispose of dead animals. Dead animals shall not be disposed of as solid waste nor through regular solid waste collection services. Violation of this section shall constitute a violation punishable pursuant to EMC 8.12.300. (Ord. 2771 § 1, 2024).

8.12.290 Design standards.

(Ord. 2771 § 1, 2024).

8.12.293 Minimum container enclosure height.

Enclosures for all containers shall have a minimum height of six feet and shall completely obscure all containers within the enclosure. (Ord. 2771 § 1, 2024).

8.12.295 Oversized enclosure design.

Enclosures for 10-cubic-yard or larger containers and compactors require design review and approval by the director. (Ord. 2771 § 1, 2024).

8.12.300 Penalty for violation.

Any person who violates or fails to comply with any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Chapter 1.08 EMC. (Ord. 2771 § 1, 2024).