Chapter 13.25
COLLECTION AND DISPOSAL OF GARBAGE, RECYCLABLES AND COMPOSTABLES
Sections:
13.25.030 Exclusive collection, transport, processing and disposal.
13.25.050 Conditions of service and rates.
13.25.010 Purpose.
The purpose of this chapter is to protect the public health, safety, and general welfare through the establishment of a uniform system of collection, transportation, processing, and disposal of garbage, recyclables, and compostables throughout the city and by the restriction of unregulated collection, transportation, processing, and disposal services. The provisions of this chapter shall be deemed an exercise of the power of the city to regulate matters of health and safety consistent with the city’s general police powers. (Ord. 971 § 2, 2018).
13.25.020 Definitions.
When used in this chapter, the following terms shall have the meanings set forth in this section:
(1) “Ancillary disposal services” means delivery, maintenance, or cleanup services that, by their nature, include a disposal function that is ancillary to a service other than collection, transportation, processing and disposal services equivalent to those provided by the solid waste collection service provider. Examples of ancillary disposal services include, but are not limited to, the delivery of new appliances, carpets or other furnishings coupled with the removal and disposal of the replaced item; self-hauling of construction and demolition wastes by contractors that produce the waste during the course of their regular business activities; removal and disposal of yard debris by landscape maintenance providers; and cleanup services that include a container or truck loading function in addition to hauling and disposal.
(2) “Business of solid waste collection” means the use of vehicles to collect, compact, transport, process, and/or dispose of garbage, recyclables, or compostables for compensation over any public street, highway, or right-of-way within the city of Normandy Park; provided, that persons offering ancillary disposal services shall not be deemed to be in the business of solid waste collection.
(3) “Compostables” means any organic waste material that is source-separated for processing or composting, such as yard debris and food scraps, generated by a residential or commercial generator and delivered to a person engaging in the business of solid waste collection for collection, transportation, processing, or disposal.
(4) “Food scraps” means all compostable pre- and post-consumer food waste, such as whole or partial pieces of produce, meats, bones, cheese, bread, cereals, coffee grounds, or egg shells, and food-soiled paper, such as paper napkins, paper towels, paper plates, coffee filters, paper takeout boxes, pizza boxes, or other paper products accepted by the solid waste collection service provider’s selected composting site. “Food scraps” shall not include dead animals, plastics, diapers, cat litter, liquid wastes, ashes, pet wastes, or other materials prohibited by the selected composting facility.
(5) “Garbage” means all putrescible and nonputrescible solid and semi-solid wastes, including, but not limited to, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, dead small animals completely wrapped in plastic and weighing less than 15 pounds, and discarded commodities that are placed by customers in appropriate containers, bags, or other receptacles for collection and disposal by the solid waste collection service provider. Needles or “sharps” used for the administration of medication are included in the definition of “garbage”; provided, that they are placed within a sealed, secure container as agreed upon by the city and the solid waste collection service provider and this handling is consistent with current King County sharps policy. The term “garbage” shall not include hazardous wastes, source-separated recyclable materials, or source-separated compostables.
(6) “Hazardous waste” means any hazardous, toxic, or dangerous waste, substance, or material, or contaminant, pollutant, or chemical, known or unknown, defined or identified as such in any existing or future local, state, or federal law, statute, code, ordinance, rule, regulation, guideline, decree, or order relating to human health or the environment or environmental conditions, including but not limited to any substance that is:
(a) Defined as hazardous by 40 C.F.R. Part 261.3 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 U.S.C. § 6901 et seq., as amended by the Hazardous and Solid Waste Amendments (“HSWA”) of 1984; the Toxic Substances Control Act, 15 U.S.C. § 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;
(b) Defined as dangerous or extremely hazardous by WAC 173-303-040 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; and
(c) Any substance that comes within the scope of this definition as determined by the city after the effective date of this chapter.
Any substance that ceases to fall within this definition as determined by the city after the effective date of this chapter shall not be deemed to be hazardous waste.
(7) “Source-separated” means certain reclaimable materials that are separated from garbage by the generator for recycling or reuse, including but not limited to recyclables, yard debris, food scraps, and other materials.
(8) “Solid waste collection service provider” means a person, firm, or corporation with whom the city of Normandy Park contracts to provide collection, transportation, processing, and disposal of garbage, recyclables, and compostables from residential and commercial customers within the city.
(9) “Unacceptable waste” means highly flammable substances, hazardous waste, liquid wastes, special wastes, certain pathological and biological wastes, explosives, toxic materials, radioactive materials, material that the disposal facility is not authorized to receive and/or dispose of, and other materials deemed by state, federal or local law, or in the reasonable discretion of the solid waste collection service provider, to be dangerous or threatening to health or the environment, or which cannot be legally accepted at the applicable disposal facility.
(10) “Yard debris” means leaves, grass, prunings, branches and small trees meeting the requirements of the solid waste collection service provider for collection and disposal. Materials larger than four inches in diameter or four feet in length are excluded. (Ord. 971 § 2, 2018).
13.25.030 Exclusive collection, transport, processing and disposal.
Except as otherwise provided in this chapter, no person, firm or corporation other than the solid waste collection service provider shall engage in the business of solid waste collection within the city of Normandy Park. (Ord. 971 § 2, 2018).
13.25.040 Exceptions.
(1) The prohibition set forth in NPMC 13.25.030 shall not apply to any person, firm or corporation engaged in the business of solid waste collection when such person is performing services under the current term of a written contract that existed on or before the effective date of this chapter, to the extent that fulfilling the provisions of such contract requires the use of any public street, highway, or right-of-way within the city. Any person, firm or corporation claiming to be exempt under this section shall bear the burden of proving that its activities are exempt and shall, upon demand from the city manager, furnish copies of any such contract to the city.
(2) Nothing in this chapter shall prevent a recycling company or nonprofit entity from collecting and transporting recyclable materials from a buyback center, dropbox, or from a commercial or industrial generator of recyclable materials, or upon agreement with the solid waste collection service provider.
(3) Nothing in this chapter shall be construed as prohibiting a commercial or industrial generator of commercial recyclable materials from selling, conveying, or arranging for transportation of such material to a recycler for reuse or reclamation. (Ord. 971 § 2, 2018).
13.25.050 Conditions of service and rates.
Collection, transport, processing, and disposal of garbage, recyclables and compostables from residential and commercial customers in the city shall be subject to all terms and conditions of service contained in the contract between the city and the solid waste collection service provider, including but not limited to rates for service. (Ord. 971 § 2, 2018).
13.25.060 Unacceptable waste.
No person, firm or corporation shall deliver unacceptable waste to the solid waste collection service provider for collection, transport, processing or disposal, unless specifically authorized by the provider under the terms and conditions of the city contract. No person, firm or corporation shall mix unacceptable waste with any garbage, recyclables, or compostables delivered to the city’s contracted solid waste collection service provider for collection, transport, processing or disposal. (Ord. 971 § 2, 2018).
13.25.070 Penalties.
Any person, including any officer, director, manager, or partner of any corporation, firm, partnership or other organization or business, violating or failing to comply with any of the provisions of this chapter shall be subject to a civil penalty and enforcement as provided in NPMC Title 19. Each day of continued violation shall constitute a separate violation for purposes of this penalty. (Ord. 1005 § 2 (Exh. B § 15), 2021; Ord. 971 § 2, 2018).