Chapter 16.08
GARBAGE DISPOSAL
Sections:
16.08.001 Legislative findings and policy.
16.08.002 Plan—Adopted.
16.08.003 Plan—Applicability.
16.08.005 Conformance to local, state and federal requirements.
16.08.010 City’s right to collect.
16.08.012 Waste stream reduction plan.
16.08.020 Deposit in carts or cans or containers required.
16.08.030 Hauling garbage restricted.
16.08.040 Garbage cart required.
16.08.045 Repealed.
16.08.050 Garbage carts—Condition.
16.08.060 Garbage cart—Weight.
16.08.070 Garbage, recycling, yard waste carts and ordinance units—Placement—Single-family residential.
16.08.075 Garbage and refuse containers—Placement—Commercial and other nonsingle-family residential establishments.
16.08.080 Overhead clearance of walks, paths and driveways—Distance of storage area from loading area.
16.08.090 Garbage carts—Disturbance by unauthorized person unlawful.
16.08.100 Collection and disposal supervision.
16.08.120 Owner’s permit—Special circumstances.
16.08.121 Owner’s permit—Authorization.
16.08.122 Application.
16.08.123 Procedure for issuance.
16.08.124 Alternate procedure.
16.08.125 Enforcement and penalties.
16.08.001 Legislative findings and policy.
The Kirkland city council finds and declares:
(1) The city and King County entered into an amended and restated solid waste interlocal agreement whereby the parties agreed that they shall cooperate in the county’s development of a comprehensive solid waste management plan.
(2) King County has prepared, proposed and approved a final 2019 comprehensive solid waste management plan and submitted it to the city for approval and adoption.
(3) The city participates in the Metropolitan Solid Waste Advisory Committee and the Solid Waste Advisory Committee which have recommended approval and adoption of the final 2019 comprehensive solid waste management plan.
(4) RCW 70.95.160 authorizes the city to determine that King County shall not exercise any powers regarding the levels and type of service and rate structures for any aspect of solid waste collection within the city.
(5) The city believes that effective waste stream reduction programs, including recycling and “pay-as-you-throw” variable rate structure, must be so structured as to be compatible with the health and safety goal of elimination of dumping on public and private property.
(6) RCW 70.95.080 and the King County solid waste management plan as adopted in Section 16.08.002 require the city to establish in accordance with the time lines set forth therein, through a joint city/county solid waste comprehensive program, policies and programs for waste stream reduction and recycling of recyclable waste materials. (Ord. 4695 § 2, 2019: Ord. 3828 § 1, 2002: Ord. 3394 § A (part), 1993: Ord. 3205 § 1, 1990)
16.08.002 Plan—Adopted.
The final 2019 King County comprehensive solid waste management plan is adopted. (Ord. 4695 § 3, 2019: Ord. 3828 § 2, 2002: Ord. 3394 § A (part), 1993: Ord. 3205 § 3, 1990)
16.08.003 Plan—Applicability.
Pursuant to RCW 70.95.160, the city determines that King County shall not exercise any powers regarding the levels and types of service for any aspect of solid waste collection in the city. King County regulations and ordinances regarding levels and types of service for any aspect of solid waste collection shall not apply within the corporate limits of the city as may now or hereafter be determined by the city. The city shall determine solid waste and recycling collection rates by ordinance and not as set forth in the King County comprehensive solid waste management plan. (Ord. 3394 § A (part), 1993: Ord. 3205 § 4, 1990)
16.08.005 Conformance to local, state and federal requirements.
All waste which is generated and/or placed for collection and collected within the city for delivery to the King County solid waste system for disposal shall be in compliance with the Resource Conservation and Recovery Act as amended (42 U.S.C. 6901, et seq.), Chapter 70.95 RCW, King County board of health rules and regulations No. 8, the requirements of Title 16 of this code, and all other applicable federal, state and local environmental health laws, rules or regulations.
The city manager is authorized to enter into a contract with King County for enforcement by the county of the provisions of this section. The provisions of this section shall apply to all persons within the city, including the city’s contract solid waste collector, and any other persons authorized by this chapter or other laws to collect waste within the city for disposal. (Ord. 3117 § 2, 1988)
16.08.010 City’s right to collect.
The city reserves the right to and may have the option to require the separation of garbage or refuse and may prescribe the method of separate disposal thereof.
“Hazardous waste” as defined in Section 3.20.050 of this code shall not be mixed or commingled with garbage or refuse either in the storage or disposal thereof. As between the city and its garbage customers, ownership of all garbage, refuse and rubbish from the point of collection by the city’s contract collector shall be deemed to be vested in the city. (Ord. 2736 § 2, 1983: Ord. 2038 § 2, 1969)
16.08.012 Waste stream reduction plan.
The waste stream reduction plan applicable to the entire city of Kirkland is composed of the following elements:
(1) Goal. The goal of the waste stream reduction plan is to divert from the solid waste disposal stream certain types or classes of materials and thereby reduce the amount of solid waste delivered to the King County approved solid waste disposal sites, including the Cedar Hills Regional Landfill. Performance goals are established related to the recycling diversion rate, waste generation target, and waste disposal target as identified in the 2019 comprehensive solid waste management plan.
(2) Program Elements.
(A) Effective January 1, 1990, the city established a local program for collection and disposal of household hazardous waste materials through its participation in the King County Hazardous Waste Program.
(B) Provision for alternative collection and/or handling of special commercial wastes as defined in Section 16.04.155, in order that special commercial wastes, which either are or have potential to be nonsolid waste materials which have been determined by the King County solid waste division to be nonacceptable for disposal at Cedar Hills and thereby require a special handling.
(C) Cooperate and jointly participate with the King County solid waste division in programs for waste reduction, education and publicity, including programs supporting use by all segments of the community of products manufactured in whole or in part from recycled materials.
(D) Recyclable Materials. The accepted list of residential and commercial recyclables is adopted by reference to the current list of accepted recyclables in the city’s comprehensive garbage, recyclables, and compostable collection agreement. Other recyclable materials at such time as there exists for each such material an economically viable market may be added or deleted by the public works director or designee.
(E) Multifamily Residential Recycling. Multifamily residential customers shall participate in placement for collection for recycling, at a minimum, the following materials: newspapers, mixed papers, and recyclable bottles, cans and plastic containers. Recyclable materials will be collected on the same pickup schedule as solid waste collections. Recyclable materials shall be placed in properly labeled detachable containers or carts distributed by the city’s solid waste collection contractor. Where space is available, detachable containers shall be used in lieu of carts. All multifamily property owners shall provide residents with a minimum total weekly volume of recycling capacity equal to or greater than the total weekly volume of garbage capacity. To the greatest extent possible, garbage, recycling and compost containers should be co-located. The public works director or designee may vary the requirements of this subsection at his or her discretion or upon the request of the property owner if, in the opinion of the director, the variance is necessary or reasonable. The variance must be in writing and may be revoked by the director at any time if the necessity for the variance ceases to exist or for any other reason determined by the director or designee, which determination shall not be made unreasonably. The revocations will be effective on a date or time selected by the director, which may be immediately if circumstances so require.
(F) Commercial Recycling. Commercial customers shall participate in collection for recycling, at a minimum, the following materials: newspapers, mixed papers, and recyclable bottles, cans and plastic containers. Recyclable materials shall be placed in properly labeled detachable containers or carts distributed by the city’s solid waste collection contractor. Commercial properties shall have a minimum total weekly volume of recycling capacity equal to or greater than the total weekly volume of garbage capacity. To the greatest extent possible, garbage, recycling and compost containers should be co-located. The public works director or designee may vary the requirements of this subsection at his or her discretion or upon the request of the property owner or occupant if, in the opinion of the director, the variance is necessary or reasonable. The variance must be in writing and may be revoked by the director at any time if the necessity for the variance ceases to exist or for any other reason determined by the director or designee, which determination shall not be made unreasonably. The revocations will be effective on a date or time selected by the director, which may be immediately if circumstances so require. Nothing this section prevents a commercial generator of recyclable materials from contracting directly with a recycling collection service provider not under contract with the city of Kirkland, pursuant to RCW 35.21.158. (Ord. 4695 § 4, 2019: Ord. 4511 § 1, 2016: Ord. 4015 § 1, 2005: Ord. 3963 § 6, 2004: Ord. 3828 § 3, 2002: Ord. 3394 § C, 1993; Ord. 3328 § 1, 1992; Ord. 3210 § 1, 1990: Ord. 3205 § 2, 1990)
16.08.020 Deposit in carts or cans or containers required.
It is unlawful for anyone to deposit, throw, keep or place any garbage or rubbish on any property, public or private, or in any lane, alley, street or public place except in garbage carts or cans, or detachable containers where authorized or in ordinance units as herein described, placed on private property or on the street or alley when necessary or required, or upon a refuse disposal site. Detachable containers shall be compatible with the collection equipment used by the city garbage contractor. (Ord. 3963 § 7, 2004: Ord. 2231 § 2, 1973: Ord. 2038 § 3, 1969)
16.08.030 Hauling garbage restricted.
It is unlawful for anyone except the following to haul garbage through the streets of the city:
(1) The city’s garbage contractor;
(2) Anyone authorized to collect garbage in the city under RCW Chapter 81.77 for the period of time allowed by Ordinance No. 2219 (pre-existing franchise holders within annexation or consolidated areas for a period of five years after annexation or consolidation);
(3) Anyone authorized to transport garbage and refuse under an “owner’s permit” as established by Section 16.08.120;
(4) Provided however, nothing in this section shall be construed to prohibit a residential occupant from transporting, on a nonregular or occasional basis, surplus accumulations of rubbish or garbage from his residence to an approved disposal site. (Ord. 2231 § 3, 1973: Ord. 2038 § 4, 1969)
16.08.040 Garbage cart required.
All occupants of residences and other dwelling units shall have and use a sufficient number of garbage cans, carts or plastic bags meeting the specifications of Section 16.04.120 to hold all of their garbage and ashes. Additional amounts of rubbish, bundled in ordinance units as herein defined, may be set out for collection. Hot ashes shall not be set out for collection. No garbage shall be placed in ordinance units other than plastic bags meeting the specifications of Section 16.04.120. (Ord. 3963 § 8, 2004: Ord. 3826 § 2, 2002: Ord. 2231 § 4, 1973: Ord. 2038 § 5, 1969)
16.08.045 Waste Wheeler permitted.
Repealed by Ord. 3525. (Ord. 3296 § 3, 1991: Ord. 2736 § 1, 1983)
16.08.050 Garbage carts—Condition.
All garbage carts and detachable containers shall be kept tightly covered and in good condition for garbage storage and handling, and garbage carts and detachable containers which leak or have jagged edges or holes shall not be used. The city manager, at the request of the contractor, in writing, shall determine whether or not the condition of any garbage cart is satisfactory for use. (Ord. 3963 § 9, 2004: Ord. 2038 § 6, 1969)
16.08.060 Garbage cart—Weight.
No garbage cart, when filled, shall weigh more than sixty-five pounds, and it shall be so packed that the contents thereof will dump out readily when the cart is inverted. (Ord. 3963 § 10, 2004: Ord. 3826 § 3, 2002: Ord. 2231 § 5, 1973: Ord. 2038 § 7, 1969)
16.08.070 Garbage, recycling, yard waste carts and ordinance units—Placement—Single-family residential.
Any single-family residence accumulating garbage, recyclables, and yard waste shall place their materials for collection no earlier than twenty-four hours prior to their collection day. Likewise, all garbage, recycling, yard waste carts and ordinance units must be removed from public property within twenty-four hours of being collected. All carts and ordinance units shall be placed by the occupant in a convenient, accessible location where such placement does not block vehicular or bicycle use or use of the sidewalk. Carts and ordinance units shall be placed in the following manner:
(1) For properties with level planting strips between a curb and sidewalk, in either the planting strip or driveway within five feet of the curb; or
(2) For properties with sidewalks but not planting strips within five feet of the curb; or
(3) When the foregoing locations slope at a grade making placement of a cart difficult, a level area that is nearest to either of the previous locations; or
(4) If the foregoing locations are not available due to dense shrubbery or extraordinary circumstances, then placement shall be at a location suitable to the occupant and approved by the hauler that does not interfere with vehicular or bicycle use or use of the sidewalk;
(5) Carts shall be placed with two feet clearance between each cart and two feet from any other obstructions (i.e., mailbox, fence, car) so the hauler can access containers with automated truck arms and avoid contact with nearby obstructions;
(6) Detachable containers may be stored within a building but shall be readily accessible for servicing without unnecessary delay or special collection equipment. (Ord. 4362 § 1, 2012: Ord. 3963 § 11, 2004: Ord. 2038 § 8, 1969)
16.08.075 Garbage and refuse containers—Placement—Commercial and other nonsingle-family residential establishments.
The following provisions apply to all commercial and other nonsingle-family residential premises, establishments and/or structures:
(1) Refuse including garbage and rubbish may only be stored for disposal collection in authorized garbage cans and/or detachable containers. Plastic bags may not be used except as liners for garbage cans. Rubbish (containing no garbage) may also be stored in plastic bags provided the plastic bags meet the requirements of Section 16.04.120.
(2) It shall be the duty of the owner or occupant as his agent, to establish and at all times maintain on the premises a storage site for garbage cans and/or containers consistent with the provisions of Section 16.08.070. The city planning and building department shall not issue any building permit or certificate of occupancy to any commercial or other nonsingle-family residential structure or establishment until there has been filed with the city a diagram of the property, structure or establishment showing the location of the designated container storage area. The city’s contract garbage collector shall, upon request and without cost, make available to the owner or occupant technical engineering and planning assistance in respect to the design and planning of garbage and/or refuse container storage areas.
(3) Garbage cans and/or containers may be placed on the sidewalk, alley or street for collection only when no other collection point is feasible. Containers shall not be placed on the sidewalk or at the curbline, nor in the alley or street prior to thirty minutes before scheduled pickup unless the container is an authorized litter receptacle conforming to the requirements of Chapter 7.93 RCW, Model Litter Control Act and the regulations issued thereunder by the Department of Ecology (Chapter 173-310 WAC). (Ord. 4491 § 3 (part), 2015; Ord. 2607 § 1, 1981)
16.08.080 Overhead clearance of walks, paths and driveways—Distance of storage area from loading area.
All walks, paths and driveways from the garbage can storage area to the place of loading shall have an unrestricted overhead clearance of not less than eight feet. Normally the garbage can storage area should be not more than twenty-five feet from the public right-of-way providing access for loading in the collector’s vehicle. Where such distance exceeds twenty-five feet, a surcharge may be added to the appropriate monthly rate for collection service. (Ord. 2231 § 6, 1973: Ord. 2123 § 1, 1970: Ord. 2038 § 9, 1969)
16.08.090 Garbage carts—Disturbance by unauthorized person unlawful.
It is unlawful for anyone other than the owner or one authorized by him to deposit any material in any garbage cart or detachable container or to remove the cover therefrom or to remove or disturb any of the contents thereof except for collection. (Ord. 3963 § 12, 2004: Ord. 2038 § 10, 1969)
16.08.100 Collection and disposal supervision.
The city manager is authorized and directed to supervise and manage the collection and disposal of garbage and rubbish hereunder, and shall have general charge and supervision over the administration and enforcement of this title. (Ord. 2038 § 11, 1969)
16.08.120 Owner’s permit—Special circumstances.
The city council finds that there may exist certain special circumstances relating to location or nature of garbage or refuse which justify permitting the owner or occupant of property where such garbage or refuse accumulates to transport such garbage or refuse to an approved disposal site, rather than have it collected by the city contractor. In such a situation an “owner’s permit” may be issued by the city pursuant to Sections 16.08.120 through 16.08.124, inclusive. (Ord. 2231 § 7 (part), 1973)
16.08.121 Owner’s permit—Authorization.
The owner or occupant of any premises within the city may, after obtaining a permit to do so, haul garbage or rubbish accumulated only at such premises through the streets of the city to any disposal site authorized to be used as a disposal site by the city contractor. (Ord. 2231 § 7 (part), 1973)
16.08.122 Application.
Application for owner’s permit shall be made to the city on a form provided by the city.
The application shall set forth the name and address of the owner or occupant to whom the permit is to issue, the street address (residential only) or legal description of the property from which the garbage or refuse is to be hauled, the name and location of the disposal site, the general nature of the garbage or refuse (e.g., cardboard boxes, domestic garbage, industrial chemicals, manufacturing refuse), the type of vehicle to be used, and the name and address of the person who will actually do the transporting of the garbage or refuse if that person is someone other than the owner or occupant or his employee. The application shall be signed by the owner or occupant, and may also be signed by the city contractor. (Ord. 2231 § 7 (part), 1973)
16.08.123 Procedure for issuance.
All applications (other than those processed under the alternate procedure set forth in Section 16.08.124) shall be referred to the director of public works for consideration. Prior to such consideration a copy of the application shall be furnished to the contractor for his review and recommendation.
The application, the recommendation of the contractor, and any recommendations submitted by any city department shall be considered by the director of public works in determining whether such permit shall issue.
Any interested party (including the city) may appeal the determination of the director of public works to the city civil hearing examiner by filing a written request for appeal within ten days of the director’s decision with the office of the city clerk. The appeal shall, to the extent appropriate, follow the hearing examiner procedures of Sections 145.60, 145.70, 145.95 and 145.105 of Ordinance 2740.
Every owner’s permit issued by the city, whether by the procedure in this section or the alternate procedure in the following section, shall identify the person authorized under the permit to transport the garbage or refuse, the general type of garbage or refuse to be transported, the location of the property from which it is to be transported, the disposal site to which it is to be taken, and the name and address of the owner or occupant to whom the permit is issued.
Such permit shall further contain a warning statement concerning spillage and littering on public streets and highways, and may contain such additional conditions as may be required under the circumstances to protect the public health, safety and welfare. (Ord. 3573 § 73, 1997: Ord. 3266 § 1, 1991: Ord. 2231 § 7 (part), 1973)
16.08.124 Alternate procedure.
Whenever an application for owner’s permit has been filed with the city bearing the signature of the owner-occupant and the contractor requesting a limited owner’s permit under this alternate procedure, such permit shall issue. A permit issued under the alternate procedure of this section shall authorize the owner or occupant to transport his own refuse and garbage to an approved disposal site only in a vehicle registered in the name of the owner-occupant. Such permit, in addition to containing the information required by a general owner’s permit, shall also clearly indicate that the permit must be carried in the vehicle of the owner when used to transport garbage or refuse. (Ord. 2231 § 7 (part), 1973)