Division II. Solid Waste1
Chapter 11.15
SOLID WASTE IN GENERAL
Sections:
11.15.020 County disposal system – Designated.
11.15.030 Solid waste management plan adopted – Exclusion of county powers.
11.15.040 Ownership of solid wastes – Anti-scavenging.
11.15.010 Definitions.
The definitions in this section apply throughout this division unless the context clearly requires otherwise. Terms not defined here are defined according to FWRC 1.05.020.
“Administrator” means the public works director, or his or her designated representative.
“Ancillary disposal provider” means those persons that offer delivery, maintenance or clean-up services that by their nature include a disposal function. Examples of ancillary disposal providers include, but are not limited to: businesses that deliver new appliances, carpets 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.
“Cart” means a city-approved wheeled plastic container that is designed for and used with a hydraulic lifting mechanism, with 35, 64 or 96 gallons of capacity; weighing not over 35 pounds when empty or 50 pounds per 32-gallon capacity when full; fitted with a sturdy handle and a cover; rodent and insect resistant; and capable of holding collected liquids without spilling when in an upright position.
“Commercial customer” means a nonresidential customer, including but not limited to businesses, institutions and governmental agencies and all other similar users of nonresidential garbage collection services.
“Curb” or “curbside” means on the homeowners’ property, within five feet of the public street without blocking sidewalks, driveways or on-street parking. If extraordinary circumstances preclude such a location, curbside shall be considered a placement suitable to the resident, convenient to the service provider’s equipment, and mutually agreed to by the city and service provider.
“Detachable container” means a watertight metal or plastic container equipped with a tight-fitting cover, capable of being mechanically unloaded into a collection vehicle, and which is not less than one cubic yard nor greater than eight cubic yards in capacity.
“Drop-box container” means an all-metal container with 10 cubic yards or more capacity that is loaded onto a specialized collection vehicle, transported to a disposal or recycling site, emptied and capable of then being transported back to the customer’s site.
“Extra unit” means an additional quantity of garbage or yard debris set out next to the customer’s regular garbage or yard debris container. In the case of can or cart garbage service, an extra unit shall be the equivalent of 32 gallons of material. In the case of cart yard debris service, an extra unit shall equal 96 gallons of material and not more than 65 pounds of material. In the case of detachable container garbage or yard debris service, an extra unit shall be the equivalent of one cubic yard of material.
“Garbage” means all putrescible and nonputrescible solid and semi-solid wastes, including, but not limited to, rubbish, ashes, industrial wastes, swill and discarded commodities and non-source-separated construction/demolition materials that are placed by customers of the service provider in appropriate bins, bags, cans or other receptacles for collection and disposal by the service provider. The term “garbage” shall not include hazardous wastes, source-separated materials, recyclables or yard debris.
“Garbage can” means a city-approved watertight galvanized sheet metal or plastic container not exceeding four cubic feet or 32 gallons in capacity; weighing not over 15 pounds when empty or 50 pounds when full; fitted with two sturdy handles, one on each side; and fitted with a tight cover equipped with a handle.
“Hazardous waste” means any substance that is:
(1) Defined as hazardous by 40 CFR Part 261 and regulated as hazardous waste by the United States Environmental Protection Agency under Subtitle C of the Resource Conservation and Recovery Act (RCRA) of 1976, 42 USC 6901 et seq., as amended by the Hazardous and Solid Waste Amendments (HSWA) of 1984; the Toxic Substances Control Act, 15 USC 2601 et seq.; or any other federal statute or regulation governing the treatment, storage, handling or disposal of waste imposing special handling or disposal requirements similar to those required by Subtitle C of RCRA; or
(2) Defined as dangerous or extremely hazardous by Chapter 173-303 WAC and regulated as dangerous waste or extremely hazardous waste by the Washington State Department of Ecology under the State Hazardous Waste Management Act, Chapter 70.105 RCW, or any other Washington State statute or regulation governing the treatment, storage, handling or disposal of wastes and imposing special handling requirements similar to those required by Chapter 70.105 RCW;
Uncontaminated waste motor oil put out for collection by residential customers for recycling is not hazardous waste.
“King County Disposal System” means the areas owned, leased or controlled by the King County Solid Waste Division, King County, Washington (per the County Interlocal Agreement) for the disposal of garbage, or such other site as may be authorized by the King County Comprehensive Solid Waste Management Plan and approved by the city.
“Micro-can” means a watertight galvanized sheet-metal or plastic container not exceeding 10 gallons in capacity or 15 pounds in weight when full; fitted with two sturdy handles, one on each side; and fitted with a tight cover equipped with a handle.
“Mini-can” means a watertight galvanized sheet-metal or plastic container not exceeding 20 gallons in capacity or 30 pounds in weight when full; fitted with two sturdy handles, one on each side; and fitted with a tight cover equipped with a handle.
“Multifamily residence” means a multiple-unit residence with five or more attached units serviced by a common solid waste storage container.
“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 distance.
“Private road” means a privately owned and maintained way that allows for access by a service truck and which serves four or more residences.
“Recyclables” means any of the following when generated by a single-family or multifamily residential customer: aluminum cans; corrugated cardboard; glass containers, mixed waste paper; waste motor oil; newspaper; recyclable plastic containers that have contained nonhazardous products; poly-coated cartons; scrap metals not exceeding two feet in any direction and 35 pounds in weight per piece; tin cans; and such other materials that the city determines to be recyclable.
“Recycling bin” means a service provider-provided 20-gallon container suitable for single-family residential collection, storage, and curbside placement of the nonpaper portion of source-separated recyclables.
“Recycling cart” means a service provider-provided 35-, 64- or 96-gallon cart suitable for residential collection, storage and curbside placement of the paper fiber portion of source-separated recyclables. Recycling carts may also be used for the collection of the nonpaper fiber portion of source-separated recyclables by multifamily residences.
“Recycling container” means a set consisting of:
(1) One recycling bin and one recycling cart for single-family residences;
(2) Three stacking recycling baskets distributed to single-family residential customers under a previous service provider’s collection contract; or
(3) Recycling carts or detachable containers for multifamily residences.
“Residence” and “residential” means living space(s) individually rented, leased or owned.
“Service provider” or “service providers” means that entity or entities holding a valid contract or franchise with the city to collect solid waste.
“Single-family residence” means all one-unit houses, duplexes, triplexes, fourplexes located on a public street or private road and mobile homes with individually billed collection. Residences located in an area that does not allow safe access, turn-around or clearance for service vehicles, or on a private drive will be provided service if materials are set out adjacent to a public street or private road.
“Solid waste” means garbage, recyclables and yard debris.
“Source-separated” means certain reclaimable materials that are separated from garbage by the generator for recycling or reuse, including, but not limited to, paper fibers, metals, glass, plastics, organics and other materials.
“WUTC” means the Washington Utilities and Transportation Commission.
“Yard debris” means leaves, grass and clippings of woody and fleshy plants, as well as other source-separated organic materials compatible with the collection system and acceptable to the service provider’s processing facility. Unflocked, undecorated Christmas trees are acceptable as yard debris if cut to size. Materials larger than four inches in diameter or four feet in length are excluded. Yard debris that is contaminated or mixed with garbage or hazardous waste is also excluded.
“Yard debris cart” means a 96-gallon container provided to all subscribing single-family residences, multifamily residences and commercial customers for the purpose of containing and collecting yard debris.
(Ord. No. 09-593, § 3, 1-6-09; Ord. No. 02-411, § 1, 1-2-02; Ord. No. 93-167, § 2, 3-16-93; Ord. No. 91-124, § 2, 12-17-91. Code 2001 § 12-1.)
11.15.020 County disposal system – Designated.
All residential and commercial customer-generated garbage set out for collection by the city’s garbage service providers or that is self-hauled shall be properly disposed of through the King County disposal system, unless an alternative location is designated by the administrator.
(Ord. No. 02-411, § 2, 1-2-02; Ord. No. 93-167, § 5, 3-16-93; Ord. No. 91-124, § 5, 12-17-91. Code 2001 § 12-2.)
11.15.030 Solid waste management plan adopted – Exclusion of county powers.
(1) Adoption of plan. The city council of the city of Federal Way hereby adopts the Final 2001 Comprehensive Solid Waste Management Plan with addenda, incorporated herein by this reference.
(2) City retains service level authority. Pursuant to RCW 70.95.160, the city of Federal Way hereby determines that King County shall not exercise any powers regarding the levels and types of service for any aspect of solid waste handling in the city of Federal Way. King County regulations and ordinances regarding levels and types of service for any aspect of solid waste handling shall not apply within the corporate limits of the city as may now or hereafter be determined by the city.
(3) City retains rate setting authority. The city shall continue to determine solid waste and recycling collection rates.
(Ord. No. 02-416, §§ 2, 3, 4, 3-19-02. Code 2001 § 12-3.)
11.15.040 Ownership of solid wastes – Anti-scavenging.
Once residential recyclables, garbage and/or yard debris have been set out in an administrator-approved container on the curbside, or at such other location agreed to by a service provider pursuant to a service agreement with the city, ownership of those residential recyclables, garbage and/or yard debris materials passes to the service provider under the terms of the current service agreement with the city. It shall be unlawful for any person other than a service provider to remove or collect any such recyclables, garbage and/or yard debris once they are set out in a service provider-provided or approved container on the curbside or other approved location. However, any person may collect recyclables and/or yard debris materials delivered to such person at a location where it is legal to accept such materials. In addition, any person may collect commercial source-separated materials from his or her own containers, or un-containerized commercial source-separated materials from his or her customers.
(Ord. No. 02-411, § 4, 1-2-02; Ord. No. 93-167, § 9, 3-16-93; Ord. No. 91-124, § 9, 12-17-91. Code 2001 § 12-4.)
11.15.050 Annexation.
The administrator shall be authorized to prepare franchises or agreements to extend city authority to annexed areas.
(Ord. No. 02-411, § 6, 1-2-02. Code 2001 § 12-6.)
Cross references: Appeal procedure, Chapter 1.25 FWRC; regulation of refuse in parks and recreation areas, FWRC 4.05.330; littering and polluting prohibited, FWRC 6.75.020; methods to mitigate development impacts, Chapter 19.100 FWRC; garbage receptacle, dumpsters and other solid waste container placement and screening requirements in supplementary zoning district regulations, FWRC 19.125.150.