Chapter 3.25
SOLID WASTE OPERATION AND HANDLING
Sections:
3.25.040 Remittance required monthly.
3.25.010 Definitions.
The following terms shall have the following meanings for this section of the Ferndale Municipal Code:
“Compostable material” shall mean all organic solid waste that could be used in a controlled aerobic degradation process.
“Electronic waste” shall mean any electronic product that is discarded or intended to be recycled in whole or in part.
“Recyclables and recyclable materials” shall mean those solid wastes that are separated for recycling or reuse, including, but not limited to, such materials as papers, cardboard, metals and glass.
“Solid waste” shall mean all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial waste, swill, sewage sludge, demolition and construction wastes, and abandoned vehicles or parts thereof, discarded commodities, wood waste, dangerous waste, and problem waste. This includes all public, private, industrial, commercial or agricultural operations.
“Yard debris” shall mean plant material commonly created in the course of maintaining yards and gardens, and through horticulture, gardening, landscaping, or similar activities. Yard debris shall include, but is not limited to, grass clippings, leaves, branches, brush, weeds, flowers, roots, windfall fruit, vegetable garden debris, holiday trees, and tree prunings. (Ord. 1466 § 1, 2008; Ord. 1300 § 1, 2003)
3.25.020 Levied.
There is levied and shall be collected a solid waste utility tax upon every person or company in the business or undertaking of collecting, handling, reselling and/or disposing of any of the following residential, commercial, and/or industrial sourced material: solid waste, compostable materials, electronic waste, recyclables and recyclable materials, and yard debris. (Ord. 1466 § 2, 2008; Ord. 1300 § 1, 2003)
3.25.030 Rate.
A. The rate of tax imposed by this chapter shall be three percent of the gross income from the collection, handling, resale and disposal of the following: compostable materials, electronic waste, recyclables and recyclable materials and yard debris effective May 1, 2008.
B. A late fee of one and one-half percent shall be applied for payments received by the City more than five business days after the due date. For example, a March solid waste utility tax report and taxes are due with a postmark of not later than April 30th.
C. All payments and late fees resulting from the solid waste utility tax shall be deposited into the City’s solid waste fund.
D. The rate of tax imposed by this chapter shall be 13 percent of the gross income from solid waste collection, handling, and disposal conducted in the City, effective January 1, 2016.
E. The rate of tax imposed by this chapter shall be 13.5 percent of the gross income from solid waste collection, handling, and disposal conducted in the City, effective January 1, 2017.
F. The rate of tax imposed by this chapter shall be 14.5 percent of the gross income from solid waste collection, handling, and disposal conducted in the City, effective January 1, 2018, and continuing through December 31, 2023, the final year of the library bond financing for the new Ferndale Library project.
G. The rate of tax imposed by this chapter shall be 14 percent of the gross income from solid waste collection, handling, and disposal conducted in the City, effective January 1, 2024. (Ord. 1926 § 1, 2015; Ord. 1780 § 1, 2013; Ord. 1579 § 1, 2010; Ord. 1538 § 1, 2009; Ord. 1466 §§ 3, 4, 2008; Ord. 1447 §§ 1, 2, 2007; Ord. 1417 § 1, 2007; Ord. 1381 § 1, 2005; Ord. 1300 § 1, 2003)
3.25.040 Remittance required monthly.
Commencing with January 1st of the tax year, each one-month period constitutes a reporting period, at which on or before the last day of the month following the end of such monthly reporting period the tax for said period is due. (Ord. 1300 § 1, 2003)
3.25.050 Violation – Penalty.
Any contractor who fails or refuses to pay the tax when due shall be guilty of a misdemeanor. (Ord. 1300 § 1, 2003)
3.25.060 Exemption.
This solid waste utility tax shall not apply to entities that have entered into a franchise agreement with the City and are subject to a franchise fee for the collection, hauling, and transportation of solid waste and recyclable materials within the City. (Ord. 1300 § 1, 2003)