Chapter 8.04 GARBAGE COLLECTION AND DISPOSAL

It is the intent of this chapter to require compulsory and universal collection, removal and disposal of solid waste for the purpose of maintaining the health, sanitation, aesthetic beauty, and general welfare of the City of Ferndale and its citizens, businesses, and visitors. It is the further intent of the City of Ferndale to identify those processes through which waste may be diverted from landfills or incineration through recycling, composting, or other means. (Ord. 2158 § 1 (Exh. 1), 2021)

8.04.010 Authority.

This chapter authorizes the City to contract with third parties for the purpose of collecting and disposing of all refuse, garbage, rubbish, recyclable or compostable materials, ashes, and swill, or to own and operate such a service in the absence of viable third parties. (Ord. 2158 § 1 (Exh. 1), 2021)

8.04.020 Scope.

This chapter applies to all territory within the corporate limits of the City and area of police jurisdiction thereof, except as set forth in RCW 35.13.280. (Ord. 2158 § 1 (Exh. 1), 2021)

8.04.030 Administration.

Administration of this chapter shall be the responsibility of the City of Ferndale Public Works Department. (Ord. 2158 § 1 (Exh. 1), 2021)

8.04.040 Definitions.

Words used in the present tense include the plural, and future tense, and include the singular, and where used in the masculine include the feminine gender. For use in this chapter, the following words are defined:

A. “Ashes” means the solid waste products of coal, wood, and other fuel sold for heating and cooking from all public and private establishments and from residences.

B. “Cart” or “tote” refers to containers of 90-gallon capacity or less, provided by the City or its designated contractor for collection, storage, and curbside placement of solid waste materials.

C. “Compostable” means waste that is of an organic matter, typically associated with kitchen waste. Most food products, food soiled paper, plant, flower, and yard waste, and certain approved compostable packaging are included. Plastic, metals, glass, and liquids are not considered compostable.

D. “Health officer” means the City, district or County health officer, as defined in RCW 70.05.050 as amended by Extraordinary Session Laws of 1969.

E. “Person” means every person, firm, copartnership, association or corporation.

F. “Refuse” means all putrescible and nonputrescible wastes, except sewage, from all public and private establishes and residences, including yard debris and pet waste.

G. “Swill” means liquid or partly liquid food often reserved for animals, especially kitchen refuse given to swine. (Ord. 2158 § 1 (Exh. 1), 2021)

8.04.050 Garbage Supervisor.

The Director of Public Works shall be responsible for administering the provisions of this chapter, including enforcement and administration of any contracts with third-party vendors. (Ord. 2158 § 1 (Exh. 1), 2021)

8.04.060 Use of City system required.

A. Every person, owner, occupant or person/entity in possession, charge or in control of any residential or commercial property or any other property of any use within the City on which waste is generated is required to use the garbage collection and disposal system operated by the City or its agent. (Ord. 2158 § 1 (Exh. 1), 2021)

8.04.070 Containers – Use and responsibility.

A. All customers must use City-provided or designated contractor-provided carts for their initial container for the deposit therein of refuse, and to place said carts in a location as specified in this chapter for collection by the Public Works Department or its designated contractor(s). Cans, bags, boxes and bundles may be used for additional materials set out for collection, but not as a customer’s primary container.

B. Upon possession by a customer of City-provided or contractor-provided carts, such carts are the responsibility of the customer. Damage to or loss of the cart caused by the actions or omissions of the customer shall be that customer’s responsibility and any repair or replacement charges for the cart shall be added to the customer’s account. (Ord. 2158 § 1 (Exh. 1), 2021)

8.04.080 Containers – Location, residential uses.

A. Alleys. Where a person’s residential property abuts a developed public alley, containers shall be placed in plain view adjacent to the alley and no further than five feet from the developed portion of said alley. If the property does not abut a developed public alley, the container shall be placed in plain view at the curb line or on the shoulder of a developed public street. In cases where residential property does not abut either a developed public alley or a developed public street, the container shall be placed at such locations as are determined by the designated contractor and approved by the Public Works Department.

B. Public Street. Containers shall be left within the public street right-of-way only so long as it is necessary to provide collection. (Ord. 2158 § 1 (Exh. 1), 2021)

8.04.090 Containers – Location, commercial uses.

A. Commercial customers shall place containers at such locations as determined by the designated contractor and approved by the Public Works Department, which shall determine container locations to allow efficient solid waste collection. Commercial containers shall be placed on a hard surface pad in such a way as to facilitate collection.

B. Alleys and Public Streets. When commercial customers are allowed to place containers within the public street right-of-way, such containers shall be left in the right-of-way only so long as it is necessary to provide collection. (Ord. 2158 § 1 (Exh. 1), 2021)

8.04.100 Containers – Preexisting conditions.

A. In some situations, a past pattern and practice of improper container placement or use may have been established. It is the intent of this chapter to enable the City or the City’s contractor to identify such past patterns and practices that may prevent the efficient collection of refuse or use of the public right-of-way, and to work cooperatively with the customer to identify appropriate methods. It is not the intent of this chapter to permit preexisting conditions to continue. (Ord. 2158 § 1 (Exh. 1), 2021)

8.04.110 Containers – Covers and screening.

A. The covers on solid waste containers shall be kept closed at all times so that flies, insects, dogs and other scavengers cannot gain access.

B. The City requires that containers for commercial and multifamily developments be stored in a location that is adequately screened from public view, typically within an enclosure constructed of durable materials. See FMC Title 19, Ferndale Development Standards, for more information.

C. Every person in possession, charge, or control of any premises within the City shall maintain the area adjacent to their solid waste containers by keeping it clean and free from solid waste. (Ord. 2158 § 1 (Exh. 1), 2021)

8.04.120 Containers – Waiver of placement requirements.

A. Persons who, due to physical disability, are unable to place solid waste containers in the locations specified by this chapter, may apply for a waiver from the Public Works Department to allow collection at locations more distant from the public right-of-way. As part of this waiver application, the Public Works Department and third-party collection agencies may require medical reports or other evidence of the physical disability. (Ord. 2158 § 1 (Exh. 1), 2021)

8.04.130 Containers – Specifications.

A. Containers shall be provided by the Public Works Department or its designated contractor. Such containers shall be kept in a sanitary condition, free from accumulated grease and decomposing materials, with the outside clean.

B. The standard refuse service container for residential services shall be a 60-gallon tote. (Ord. 2158 § 1 (Exh. 1), 2021)

8.04.140 Scattering solid waste.

A. It is unlawful for any person, firm, or corporation, to scatter, throw, or deposit in any private or public place, other than a container as described by this chapter, any solid waste or other substance that may be unsightly, offensive to smell, or injurious to health.

B. The City shall consider the illegal scattering of solid waste, including the deposit or abandonment of personal belongings, to be littering, and shall prosecute such violations to the fullest extent of the law, as specified in FMC 8.04.290.

C. No citizen shall place a container at such a location as may be inadvertently mistaken for the container of another property or citizen. (Ord. 2158 § 1 (Exh. 1), 2021)

8.04.150 Damaging containers.

A. It is unlawful for any person to willfully damage or destroy any solid waste container belonging to any other person or to the City. (Ord. 2158 § 1 (Exh. 1), 2021)

8.04.160 Unauthorized use of containers – Prohibited.

A. No person shall place solid waste or other substance in any solid waste container, not provided for his or her use and without the permission of the responsible party thereof. (Ord. 2158 § 1 (Exh. 1), 2021)

8.04.170 Hazardous wastes.

A. It is unlawful to place hazardous wastes in containers. (Ord. 2158 § 1 (Exh. 1), 2021)

Article II. Collection Policies and Rates

8.04.180 Solid waste service – Residential.

A. Residential refuse collection and disposal shall be a mandatory service.

B. Residential recyclable materials collection and disposal shall be a mandatory service.

C. Residential organics collection and disposal shall be an optional service.

D. Mandatory and optional services shall only be provided by the City or its designated third-party contractor. All customers occupying residential premises shall be billed for refuse and recyclable materials collections, regardless of actual use or any alternate means of disposal. (Ord. 2158 § 1 (Exh. 1), 2021)

8.04.190 Solid waste service – Commercial.

A. Commercial refuse collection and disposal shall be a mandatory service.

B. Commercial recyclable materials collection and disposal shall be an optional service.

C. Commercial organics collection and disposal shall be an optional service. (Ord. 2158 § 1 (Exh. 1), 2021)

8.04.200 Public waste disposal collection centers.

There are two waste disposal collection centers that are available to the general public, both within and outside the City limits. Citizens may haul any types of refuse which could also be collected on normal solid waste routes (hazardous waste excluded). However, the personal hauling of refuse shall not exempt citizens from paying for waste collection services. (Ord. 2158 § 1 (Exh. 1), 2021)

8.04.210 Collection frequency.

The City Public Works Department or its designated contractor shall collect, remove, and dispose of all solid waste from all occupied residential premises within the City at least once each week, and from all other premises as often as required by said Department.

A. Exceptions. Individual subscribers may establish or stagger collection schedules with the City’s contractor for refuse, recyclables, and compostables in accordance with the needs of the user. The City’s contractor reserves the right to require more frequent collection as warranted. (Ord. 2158 § 1 (Exh. 1), 2021)

8.04.220 Minimum levels of service.

A. Minimum residential refuse collection service will be a 32-gallon tote at the established rate into which refuse, as defined in FMC 8.04.040, may be deposited for removal.

B. Standard residential refuse collection service will be a 60-gallon container at the established rate into which refuse, as defined in FMC 8.04.040, may be deposited for removal.

C. Minimum commercial refuse collection service will be a 32-gallon container at the established rate into which refuse, as defined in FMC 8.04.040, may be deposited for removal.

D. Minimum recyclables refuse collection will be three stackable bins with approximate dimensions of 21 inches wide by 15 inches deep by 13 inches high.

E. Minimum compostable refuse collection will be a 60-gallon container labeled Food Plus at the established rate, into which compostables, as defined by FMC 8.04.040, may be deposited for removal.

F. Refuse, and refuse alone, may be placed in bags of sufficient strength to contain, without breaking, the refuse placed within them. (Ord. 2158 § 1 (Exh. 1), 2021)

8.04.230 Residential and commercial extra refuse pickup.

Normal pickups will be established on a standard basis per customer (e.g., one cart per week, two carts per week). When this standard is exceeded, extra refuse will only be picked up by special haul at the request of the customer. (Ord. 2158 § 1 (Exh. 1), 2021)

8.04.240 Collection frequency for permanent container usage (dumpsters).

A. If more than one pickup per week is required on a continuing basis and the customer is utilizing a container smaller than a six-cubic-yard capacity, a larger container shall be required. The City may authorize, at the discretion of the Public Works Department, more than one pickup under the following circumstances:

1. Where the largest container provided by the City or its contractor is not adequate for the amount of waste generated.

2. Where more than one pickup per week is required to maintain proper health and sanitation.

3. Where a large container cannot be reasonably placed on the customer’s property due to space limitation.

B. Where additional pickups are requested to accommodate temporary increases in the amount of waste generated, additional pickups shall be made at a rate as established by City Council ordinance or the requirements of the contractor. (Ord. 2158 § 1 (Exh. 1), 2021)

8.04.250 Collection records – Delinquent charges.

The authorized garbage collector shall keep a record of all collections of garbage made from each property and shall provide such records as requested by the Treasurer. On failure to pay such charge, the authorized garbage collector shall transmit the matter to a third-party collection agency for collection. (Ord. 2158 § 1 (Exh. 1), 2021)

8.04.260 Nonpayment of charges.

Upon failure to pay such charges, the amount thereof shall become a lien against the property for which the garbage collection service was rendered, which lien shall be made effective by the filing of a notice thereof in the office of the County Auditor, specifying the charges, the period covered by the charges, and giving the legal description of the premises; and which lien shall be prior to any and all other liens and encumbrances filed subsequent to the filing thereof but shall be subject to general taxes and local improvements whether levied prior or subsequent thereto. (Ord. 2158 § 1 (Exh. 1), 2021)

8.04.270 Burning and composting.

Burning of refuse is prohibited within the City. Recreational fires and those fires specifically approved by the Fire Chief or Fire Marshal shall be allowed unless otherwise restricted. Organic items may be composted, subject to nuisance restrictions contained within Chapter 8.08 FMC (Nuisances). (Ord. 2158 § 1 (Exh. 1), 2021)

8.04.280 Disposal of swill.

It is unlawful for any person, firm or business as set forth in this chapter to deposit, throw or place any swill upon private property, regardless of ownership, or throw or place swill or other food wastes in a lane, alley, street or public place unless the swill is placed in a vessel or tank, of the type approved by the Public Works Director and which shall have a perfectly watertight and rodent-proof lid which shall fit tightly and not be removed except when placing swill therein or removing the same therefrom. (Ord. 2158 § 1 (Exh. 1), 2021)

8.04.290 Violation – Penalty.

Enforcement procedures and the penalties resulting from violations of this chapter shall be administered pursuant to Chapter 1.12 FMC. (Ord. 2158 § 1 (Exh. 1), 2021)