Chapter 6.12 SOLID WASTE COLLECTION AND DISPOSAL*

This chapter shall apply to all territory embraced within the corporate limits of the city. (Ord. 2512 § 1, 1997; Ord. 2497 § 1, 1996; Ord. 2435 § 1, 1995; Ord. 2422 § 1, 1995; Ord. 2387 § 1, 1993).

6.12.020 Definitions.

Definitions as used in this chapter shall be as follows:

(1) “Commercial” means any establishment or business which is not residential in nature. This would include hotels/motels, churches, nonprofit organizations, federal, state and local government-owned facilities.

(2) “Contractor” means the company with which the city has contracted to collect, haul or dispose of solid waste.

(3) “Customer” means the person in whose name the account is established and the bill is issued. This is the person who is responsible for payment of the bill.

(4) “Gross revenues” means the receipts received or accruing from the provision of solid waste collection services performed within the city of Puyallup, including without limitation receipts received or accruing from the sale of tangible property or service, and receipts (including all sums earned or charged, whether received or not) by reason of the investment of capital in the business engaged in, including rentals, royalties, fees, or other emoluments, however designed (excluding receipts or proceeds from the use or sale of real property or any interest therein, and proceeds from the sale of notes, bonds, mortgages, or other evidences of indebtedness, or stocks and the like) and without any deduction on account of the cost of the property sold, the cost of materials used, labor costs, interest or discount paid, or any expense whatsoever.

(5) “Jurisdictional health department” means the Tacoma-Pierce County health department as defined in RCW 70.05.020.

(6) “Long-carry” refers to a chargeable service where the solid waste container is located up to 50 feet from the normal curbside collection point.

(7) “Multifamily” refers to any structure housing two or more dwelling units (RCW 70.95.030 (13)). An account which contains two dwelling units which are occupied by members of the same family may be considered a “single-family” residence for purposes of this chapter.

(8) “Pack-out” refers to long-carry service provided at no charge to those customers who are senior citizens or disabled who request this service.

(9) “Person” means every person, firm, copartnership, association, or corporation (RCW 70.95.030(14)).

(10) “Single-family” refers to any residence which contains one housing unit.

(11) “Solid waste” means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, demolition and construction wastes, abandoned vehicles or parts thereof, and recyclable materials. (RCW 70.95.030(22)).

(12) “Solid waste collection service” means the collection of solid waste for transportation, disposal or further processing by motor vehicle for compensation originating within the city of Puyallup. (Ord. 2770 § 1, 2003; Ord. 2710 § 1, 2001; Ord. 2512 § 1, 1997; Ord. 2497 § 1, 1996; Ord. 2435 § 1, 1995; Ord. 2422 § 1, 1995; Ord. 2387 § 1, 1993).

6.12.030 Compulsory removal and disposal.

The maintenance of health and sanitation require, and it is the intention of this chapter to make, the collection, removal and proper disposal of solid waste within the city by the contractor compulsory and universal. This section does not apply to portions of the waste stream that are being recycled through private, permitted recyclers. This section does not apply to any account which has received a written exception to garbage service from the city. (Ord. 2710 § 1, 2001; Ord. 2512 § 1, 1997; Ord. 2497 § 1, 1996; Ord. 2435 § 1, 1995; Ord. 2422 § 1, 1995; Ord. 2387 § 1, 1993).

6.12.040 Minimum service levels.

The minimum solid waste collection service required in the city of Puyallup is one can (without recycling) or micro-can service (with recycling) one time per week for all occupied residences. The minimum service level for commercial establishments is weekly service at a level commensurate with the amount of solid waste produced by the establishment as determined by the contractor.

Exceptions:

(1) If one owner owns adjacent properties on different utility accounts, one solid waste service may be shared based upon a written request to and approval from the utilities/recycling division supervisor and the contractor.

(2) If a residential customer owns a business in the city limits and the solid waste produced at the residence is being collected at the business, the residential account may be exempted from mandatory service based upon a written request to and approval from the utilities/recycling division supervisor and the contractor.

(3) If the solid waste service provider is unable to provide collection service due to inadequate clearance for the disposal vehicles, a customer may file a written request for an exemption from solid waste collection services with the utilities/recycling division supervisor. Such exemption must be approved by the contractor and shall be conditioned upon agreement that solid waste will be disposed of properly on a weekly basis at a permitted landfill by the customer. (Ord. 2976 § 1, 2011; Ord. 2512 § 1, 1997; Ord. 2497 § 1, 1996; Ord. 2435 § 1, 1995; Ord. 2422 § 1, 1995; Ord. 2387 § 1, 1993).

6.12.045 Billing for solid waste services.

The city has entered into an agreement with the contractor which requires the contractor to bill for all solid waste services in accordance with PMC 6.12.080. All costs related to billing and bill collection will be paid by the contractor.

(1) Charges for any special services not covered in PMC 6.12.080 shall be determined by the mutual agreement of the city and the contractor.

(2) In billing for solid waste/recycling services, the property owner shall not be held responsible if they are not the customer.

(3) The contractor will mail bimonthly billings to the customer. The bills shall include charges for the month in which the bill is received by the customer and the following month. The time period covered will be stated on the bill.

(4) The contractor will bill customers directly for collection of solid waste that exceeds the level of service designated by the customer.

(5) If a customer does not have their solid waste, recycling or yard waste at the designated pick-up point when the collection truck arrives and contacts D.M. Disposal directly for service, a return trip charge may be assessed as described in PMC 6.12.080.

(6) Customers taking advantage of the incentive-based services of micro- and mini-cans are limited to one extra pickup per month. If that limit is exceeded after proper notification by the contractor, the contractor will change the service level to one can with recycling.

(7) The contractor will not provide proration of bills for partial months. The minimum proration period shall be one month.

(8) The bill provided by the contractor will clearly state the type of service for which the customer is being charged. The bill will include a breakdown of charges for each type of service and any applicable taxes.

(9) The bills provided by the contractor will be due in accordance with guidelines established by the contractor which can include penalties for late payment.

(10) The contractor may use a collection agency, a lien process or other legal methods to recover the past due balance from the customer. The contractor cannot impose any financial obligation on a property owner if they were not the customer. (Ord. 2710 § 1, 2001; Ord. 2592 § 1, 1999; Ord. 2512 § 1, 1997; Ord. 2497 § 1, 1996).

6.12.047 Billing for the landfill fee.

The city shall bill a flat fee to each account inside the city limits on a bimonthly basis. The fee is based on the ongoing operational expenses and debt service related to the city-owned landfill’s gas migration system. These charges are stated in Chapter 14.01 PMC. The contractor will notify the city each month of any service changes between cans and containers so that this fee can be assessed properly.

(1) For those accounts receiving garbage service from the contractor, the fee will be based on the service type (can or container garbage service). The fee will commence when garbage service is established (by any service provider). The fee will be stopped if water service is voluntarily discontinued.

(2) Accounts which are exempt from garbage service as approved by the utilities division under PMC 6.12.040 will be charged the landfill fee based on the type of account (commercial or residential). The fee will commence when water service is started (by any water service provider). The fee will be stopped if water service is voluntarily discontinued.

(3) For areas annexed less than five years, the determination of the fee type (commercial or residential) will be based on the information provided by the community development department prior to the annexation. The landfill fee will commence when water service is started (by any service provider). The fee will be stopped if water service is voluntarily discontinued.

(4) The finance department will conduct an annual review of the ongoing operational costs associated with the landfill and the current portion of the outstanding debt service. The amount needed to cover these costs will be split between the accounts on container service and those on can service in approximately a 12:1 ratio. The rates may be revised annually, as needed.

(5) Billing for the landfill fee will be done in accordance with the process outlined in PMC Title 14 for the billing of city utilities. (Ord. 2592 § 2, 1999).

6.12.050 Accumulation of solid waste.

It shall be the duty of the owner of any commercial establishment or residence to ensure that all solid waste that is created or accumulated is deposited into an approved container and is collected on a weekly basis. (Ord. 2512 § 1, 1997; Ord. 2497 § 1, 1996; Ord. 2435 § 1, 1995; Ord. 2422 § 1, 1995; Ord. 2387 § 1, 1993).

6.12.055 Weight guidelines for can service.

The solid waste container for can service shall be insect-proof and the capacity per can shall not exceed 32 gallons. The container shall have two handles and a tight-fitting lid. The solid waste container shall be kept in a sanitary condition. The solid waste container shall be set in an area approved by the service provider for collection one time per week. The weight guidelines for can service are as follows:

Micro-can (max. 10 gallons)	12 lbs.
Mini-can (max. 20 gallons)	24 lbs.
One can (max. 32 gallons)	34 lbs.
Two cans	51 lbs.

The contractor shall place tags on containers found to exceed the weight guidelines. If the guidelines stated above are consistently breached, the contractor will require a change in service to accommodate the level of solid waste to be collected. (Ord. 2512 § 1, 1997; Ord. 2497 § 1, 1996).

6.12.060 Penalty for improper disposal.

It is unlawful for any person to bury, burn, dump, collect, or in any other manner dispose of solid waste upon any street, alley, public place or private property within the city. Any person violating this section shall be guilty of a misdemeanor under PMC 1.01.110 and any person convicted thereof may be punished by a fine of not more than $500.00 or by imprisonment for no more than 90 days or by both such fine and imprisonment. (Ord. 2512 § 1, 1997; Ord. 2497 § 1, 1996; Ord. 2435 § 1, 1995; Ord. 2422 § 1, 1995; Ord. 2387 § 1, 1993).

6.12.062 Improper disposal in another’s container.

It is unlawful to deposit any solid waste in a solid waste container owned or maintained on the premises of another unless invited, licensed or otherwise privileged to do so. Any person violating this section shall be guilty of a misdemeanor under PMC 1.01.110 and any person convicted thereof may be punished by a fine of not more than $500.00 or by imprisonment for no more than 90 days or by both such fine and imprisonment. (Ord. 2512 § 1, 1997; Ord. 2497 § 1, 1996; Ord. 2435 § 1, 1995; Ord. 2422 § 1, 1995; Ord. 2387 § 1, 1993).

6.12.065 Name appearing on waste material –Presumption.

Whenever solid waste dumped in violation of PMC 6.12.060 or 6.12.062 contains three or more items bearing the name of one individual, there shall be a rebuttable presumption that the individual whose name appears on such items committed the unlawful dumping. (Ord. 2512 § 1, 1997; Ord. 2497 § 1, 1996; Ord. 2435 § 1, 1995; Ord. 2422 § 1, 1995; Ord. 2387 § 1, 1993).

6.12.070 Low-income senior/disability discounts.

(1) If the resident(s) prove that they meet the requirements for low-income senior discounts or disability discounts with the Pierce County auditor’s office by bringing verification of such to the utilities division, all monetary senior discounts will be applied. The city will provide the contractor with the account numbers of residents who have met the requirements for discounts.

(2) Pack-out service is available to any disabled person or senior citizen who files a written request for pack-out service with the contractor. (Ord. 2592 § 3, 1999; Ord. 2512 § 1, 1997; Ord. 2497 § 1, 1996; Ord. 2435 § 1, 1995; Ord. 2422 § 1, 1995; Ord. 2387 § 1, 1993).

6.12.075 Tip fees.

Tip fee changes approved by the county are considered pass-through costs. The contractor shall notify the city of a county change in tip fees immediately upon the contractor’s official notification of a change in such fees, but not less than 45 days prior to the requested effective date. The contractor shall submit a copy of the written notification of any tip fee change to the city manager, who shall approve the change in pass-through costs resulting from a change in county tip fees. The effective date of rate changes authorized under this section shall not be less than 45 days after the contractor submits the required county notification to the city manager. (Ord. 2770 § 1, 2003; Ord. 2710 § 1, 2001).

6.12.080 Rates.

(1) The monthly rates for current solid waste handling service shall be calculated in accordance with such agreement for solid waste service as the city may enter into. The rates for city landfill operations and debt service shall be as established by PMC 14.01.030.

(2) In accordance with RCW 35A.21.152, the public shall be notified of each rate increase for a solid waste handling service. The notice may be mailed to each affected ratepayer or published once a week for two consecutive weeks in a newspaper of general circulation in the collection area. The notice shall be available to affected ratepayers at least 45 days prior to the proposed effective date of the rate increase.

(3) The city shall maintain, publish and make available to the public a current schedule of rates for solid waste handling service. Publishing can occur through the city’s website, and the schedule may be made available to the public through the city’s finance department. (Ord. 2976 § 2, 2011).

6.12.085 Tax imposed.

There is levied upon, and there shall be collected from, every person firm or private corporation engaged in furnishing garbage or solid waste collection services within or partly within the city limits, a fee or tax calculated on the total gross revenues from such business conducted within the city of Puyallup, as indicated by billing and/or charges to or for Puyallup customers. The fee or tax shall be calculated based on the rate as provided in PMC 5.08.030(5) as that section currently exists or as it may from time to time be amended in the future. (Ord. 3284 § 1, 2023; Ord. 2770 § 2, 2003).

6.12.090 Deductions.

(1) There may be deducted from the total gross revenues upon which the license fee or tax is computed, revenues derived from business which the city is prohibited from taxing under the Constitution or laws of the state of Washington or the United States.

(2) There may be deducted from the total gross revenues upon which the license fee or tax is computed, the amount of the state solid waste collection tax and state excise taxes pursuant to RCW Title 82, imposed directly upon persons using the service of a solid waste collection business and collected for payment to the state by the solid waste collection company.

(3) There may be deducted from the gross revenues upon which the license fee or tax is imposed the total proceeds from the sale of all recyclable commodities generated within the city of Puyallup which are actually recovered, reclaimed and/or reused and which are initially collected, transported and/or processed by the contractor. (Ord. 2770 § 2, 2003).

6.12.095 Method of payment.

The license fee or tax imposed by this chapter shall be due and payable in monthly installments. Businesses with gross revenues of less than $20,000 per month, as indicated by billings or charges for service to Puyallup customers, may pay the license fee or tax imposed by this chapter in quarterly installments. (Ord. 2770 § 2, 2003).

6.12.100 Overpayment of tax.

If, upon application by a taxpayer for a refund or for an audit of his or her records, or upon an examination of the returns or records of any taxpayer, it is determined by the director that within two years immediately preceding the receipt by the director of the application by the taxpayer for a refund or for any audit, or, in the absence of such an application, within the two years immediately preceding the commencement by the director of such examination, a tax has been paid in excess of that properly due, the excess amount paid within such period of two years shall be credited to the taxpayers account or shall be refunded to the taxpayer at his or her option. No refund or credit shall be allowed with respect to any payment made to the director more than two years before the date of such application or examination. Where a refund or credit may not be made because of the lapse of said two-year period, the amount of the refund or credit which would otherwise be allowable for the portion of the statutory assessment period preceding the two-year period may be offset against the amount of any tax deficiency which may be determined by the director for such preceding period. (Ord. 2770 § 2, 2003).

II. Recycling

6.12.120 Definitions.

“Recyclables materials” means those solid wastes that are separated for recycling or reuse, such as papers, metals, and glass, that are identified as recyclable material pursuant to a local comprehensive solid waste plan (RCW 70.95.030(15)). (Ord. 2512 § 1, 1997; Ord. 2497 § 1, 1996; Ord. 2435 § 1, 1995; Ord. 2422 § 1, 1995; Ord. 2387 § 1, 1993).

6.12.130 Containers.

The contractor will provide a city-approved recycling container for each single-family residence within the city limits whose owner requests recycling service by notifying the contractor in writing. These containers are to be used solely for the recyclable materials to be collected by the contractor.

The containers stay with the property and the property owner is responsible for the security of the container. If the container is lost, stolen or damaged beyond repair, the property owner will be charged for the purchase price of the replacement bin including sales tax. If the bin replacement cost is not paid within 30 days of the date billed, the solid waste service will be changed from recycling to nonrecycling.

The contractor shall provide all recycling containers for those multifamily residences within the city limits whose owner requests recycling service by notifying the contractor in writing or by phone. These containers are to be used solely for the recyclable materials included in the city recycling program. (Ord. 2512 § 1, 1997; Ord. 2497 § 1, 1996; Ord. 2435 § 1, 1995; Ord. 2422 § 1, 1995; Ord. 2387 § 1, 1993).

6.12.140 Rates.

The recycling rates established by this chapter refer to customers who are fully participating in the recycling program. If large amounts of recyclable materials are found in the normal waste stream, the customer will not be meeting the standards for participation in this program. The customer will receive one written notice outlining what needs to be done to meet participation standards. If recyclables are found in the waste stream 10 days following the mailing of notification, the solid waste service will be changed from recycling to nonrecycling.

Commercial Recycling Rates:	Rate Per Month
90-gallon cart	$8.15
2 yard once a week	55.25
4 yard once a week	88.50
6 yard once a week	135.20
Each additional pickup is 25% of monthly rate.
Rates are based on a routed once a week pickup.
Uncontaminated Flattened Old Corrugated Cardboard
2 yard cage	$40.00
4 yard cage	40.00
6 yard cage	40.00
Rates are based on a routed once or twice a week pickup.
Each additional pickup	$15.00

(Ord. 2738 § 1, 2003; Ord. 2512 § 1, 1997; Ord. 2497 § 1, 1996; Ord. 2435 § 1, 1995; Ord. 2422 § 1, 1995; Ord. 2387 § 1, 1993).

6.12.150 Use of independent recycler – Proof of activity.

Customers who choose not to possess a recycling container can participate in the program by utilizing local recycling facilities. When recyclables are taken to an independent recycler in Pierce County, the recyclers will provide tags which must be affixed to utility bill stubs as proof of participation. Residents who use the recycling drop boxes within the city will be required to show proof of recycling for tin and mixed paper (which are not currently offered through the drop box service) by affixing a tag from a local recycler to the stub of the next utility bill.

Residents who cannot show proof of recycling and who have recyclables in their normal waste stream will not be meeting the standards required for participation in this program and solid waste service will be changed from recycling to nonrecycling following the notification procedure outlined in PMC 6.12.140. (Ord. 2512 § 1, 1997; Ord. 2497 § 1, 1996; Ord. 2435 § 1, 1995; Ord. 2422 § 1, 1995; Ord. 2387 § 1, 1993).

6.12.160 Removing items from bins – Civil infraction.

Removal of items from recycling bins without permission of the person responsible for the bin shall constitute a Class I civil infraction as defined in Chapter 1.02 PMC. Any person found violating this section shall be guilty of a misdemeanor under PMC 1.01.110. Any person convicted thereof may be punished by a fine of not more than $500.00 or by imprisonment for no more than 90 days, or by both such fine and imprisonment. (Ord. 2512 § 1, 1997; Ord. 2497 § 1, 1996; Ord. 2435 § 1, 1995; Ord. 2422 § 1, 1995; Ord. 2387 § 1, 1993).

6.12.163 Christmas tree recycling program (treecycling).*

The contractor will provide an annual Christmas tree collection program for residential, multifamily and commercial customers. This program will be scheduled for the first recycling week in January. (Ord. 2710 § 1, 2001).

*Code reviser’s note: Ordinance 2710 adds these provisions as Section 6.12.150. The section has been editorially renumbered to prevent duplication of numbering.

6.12.166 City-wide clean-ups.*

The contractor will provide city-wide clean-ups, one in the spring and one in the fall. (Ord. 2710 § 1, 2001).

*Code reviser’s note: Ordinance 2710 adds these provisions as Section 6.12.160. The section has been editorially renumbered to prevent duplication of numbering.

III. Yard Waste

6.12.170 Definitions.

“Yard waste” includes leaves, brush, tree trimmings, grass clippings, weeds, shrubs, garden waste and other compostable organic materials resulting from landscape maintenance. Branches or roots must be smaller than four inches in diameter and shorter than four feet in length. Yard waste does not include stumps, demolition wood, large amounts of dirt, rocks, glass, plastics, metal, concrete, sheet rock, asphalt, food or any other nonorganic land-clearing debris. (Ord. 2512 § 1, 1997; Ord. 2497 § 1, 1996).

6.12.180 Container.

The contractor will provide, distribute and maintain the yard waste collection containers. (Ord. 2512 § 1, 1997; Ord. 2497 § 1, 1996).

6.12.190 Service level.

At minimum, the contractor shall offer biweekly curbside yard waste collection service to city customers on the same week as recycling service on a year-round basis. (Ord. 2512 § 1, 1997; Ord. 2497 § 1, 1996).

6.12.200 Disposal.

The contractor shall take the collected yard waste to a fully licensed compost site. Use of an unlicensed site or alternate method of disposal requires review by the city council. (Ord. 2512 § 1, 1997; Ord. 2497 § 1, 1996).

6.12.210 Reporting.

The contractor shall report yard waste collection tonnages on a quarterly basis in accordance with the yard waste section of the contract. (Ord. 2512 § 1, 1997; Ord. 2497 § 1, 1996).

6.12.220 Violation – Punishment.

In addition to any other penalty or remedy available, a violation of any section within this chapter shall be punishable as a civil infraction as defined in Chapter 1.02 PMC. The base penalty for a civil infraction issued for violating a section of this chapter shall be as follows:

(1) First violation: $100.00 plus statutory assessments;

(2) Second violation: $200.00 plus statutory assessments; and

(3) Third violation and subsequent violations: $250.00 plus statutory assessments. (Ord. 3068 § 1, 2014).