Chapter 8.04
SOLID WASTE, RECYCLING, AND HAZARDOUS WASTE
Sections:
8.04.040 General requirements.
8.04.060 Requirements for containers.
8.04.080 Assistance to elderly and/or disabled individuals.
8.04.090 Rate reduction for low-income senior and low-income disabled individuals.
8.04.140 Discontinuance of refuse collection.
8.04.170 Violations—Penalties.
8.04.180 Notice of violations—Civil penalties.
8.04.010 Purpose.
The purpose of this chapter is to set forth the requirements for collection, management, and proper handling of all solid waste, including recyclable materials, originating from residential, commercial, agricultural, and industrial operations and other sources within the city of Sedro-Woolley in order to prevent land, air, and water pollution, fly and rodent infestation, fire hazards, and damage to recreational values and to the environment; to conserve resources; and to maintain aesthetic values. (Ord. 2022-22 § 2, 2022)
8.04.020 Authority.
The collection and disposal of solid waste within the city of Sedro-Woolley is compulsory and universal. The city of Sedro-Woolley asserts exclusive and universal control over all of the solid waste collection, management, and disposal within the Sedro-Woolley city limits. It shall be a violation of this chapter for anyone other than the city of Sedro-Woolley, acting through its solid waste department, to engage in the business of collection, removal, and disposal of solid waste within the Sedro-Woolley city limits, except as provided in Section 8.04.070, Special permits. There are hereby levied and imposed within the city of Sedro-Woolley mandatory service charges, at the rates and charges set forth in the master fee schedule adopted by the city of Sedro-Woolley, for the collection, management, and disposal of all such solid waste, including recyclable materials, or for the availability of such services. (Ord. 2022-22 § 2, 2022)
8.04.030 Definitions.
“Automated collection” means the method of collecting waste using mechanical collection equipment and special containers to accommodate the collection.
“Automated collection container” means a city-owned container designed specifically for the solid waste department’s automated collection operation.
“Bulk waste” means large items of solid waste including, but not limited to, appliances, furniture, trees, stumps, and other oversized waste.
“City” means the city of Sedro-Woolley, Washington.
“Collection vehicle” means a vehicle used for the collection and/or transportation of commercial, industrial or residential solid waste.
“Commercial customer” means any business premises, industry, and mobile home park; organization (either private/public, profit/nonprofit); multifamily dwellings (triplex or larger); and dwelling units with one or more utilities paid for by a single entity and located on contiguous property.
“Construction, demolition, and land-clearing waste (CDL wastes)” means any recyclable or nonrecyclable waste that results from construction, remodeling, repair or demolition of buildings, roads, or other structures, or from land-clearing for development, and that is removed from the site of construction, demolition or land clearing.
“Container” means an approved solid waste department or customer-owned portable container, e.g., cart, can, recycling container, front load box, compactor, and drop-off box to be used for the deposit of solid waste therein.
“Curbside container” means an approved solid waste or recycling container that is to be placed on the curb in such a way as to allow for safe automated or semi-automated collection or an approved container that is to be placed on the curb for manual pickup.
“Customer” means any person or entity receiving service from solid waste department.
“Dangerous/hazardous waste” means solid waste presently defined in Chapter 173-303 WAC or as hereafter amended.
“Disposal site” means the location where any treatment, utilization, collection, processing, or final deposition of solid waste occurs.
“Drop-off box (DOB)” means a large-volume (ten cubic yards or greater) detachable city- or customer-owned container that can be pulled onto a collection vehicle mechanically for transportation.
“Extra solid waste” means any solid waste placed on, in, or around the vicinity of the collection container in excess of the capacity of the container.
“Front-load container” means a city- or customer-owned container, from one yard to eight yards in capacity, designed to be emptied by an automated front-loading truck.
“Health department” means the Skagit County health department.
“Household hazardous waste” means a waste product derived from a residential or apartment customer which has the characteristic of dangerous waste presently defined under Chapter 173-303 WAC or as hereafter amended. This waste includes, but is not limited to, household cleaners, automotive products, pesticides, and herbicides.
“Infectious waste” means waste from medical, dental, intermediate care facilities, research centers, veterinary clinics, and other similar facilities that have the potential to cause an infectious disease via exposure to a pathogenic organism of sufficient virulence and dosage, through a portal of entry in a susceptible host.
“Junk collector” means any person having no fixed place of business in the city engaged in or carrying on the business of collecting, buying or selling any old materials, bottles, cans, papers, goods, metals, rubbish, recycling material, used matter of any kind or other articles of junk or any items relating to recycling, garbage, rubbish or solid waste.
“Liquid waste” means any material which would produce measurable liquids when the Paint Filter Liquids Test Method 9095 of EPA Publication Number SW-846 is used.
“Mandatory service” means compulsory and universal city collection, and disposal of solid waste within the city at the applicable rates established herein.
“Minimum service” means the minimum level of service established by solid waste department for residential and commercial customers.
“Month” or “monthly” means the twenty-eight-to-thirty-one-day period corresponding to the billing cycle for that account.
“Multifamily dwelling” means any building or portion thereof that contains three or more dwelling units.
“New construction” means residential or commercial new building or buildings being built, newly constructed.
“Nonprofit material salvage/recycling corporation” means a corporation approved by the supervisor as eligible for special projects.
“Nuisance” means an unreasonable or unlawful act, or omission from performing a duty, which act or omission either injures or endangers the comfort, health, or safety of others, obstructs or tends to obstruct any lake or navigable river, bay, stream, canal, basin, public park, square, street, highway, or in any way renders other persons insecure in life or in the use of property and produces such material annoyance, inconvenience, or discomfort that the law will presume resulting damage.
“Operator” means the person responsible for the overall operation of a public disposal area.
“Overloaded” means a container that exceeds its rated capacity or the height of the container opening.
“Person” means an individual, firm, lessor, association, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.
“Public disposal area” means a transfer station, public tipping area and/or recycling area.
“RCW” means the Revised Code of Washington.
“Recyclable material” means those solid wastes that are source separated from the waste stream for the purpose of recycling or reuse.
“Recycling” means transforming or remanufacturing waste materials into usable or marketable material for use other than landfill disposal.
“Recycling container” means a stationary or portable container under city or customer ownership utilized for the collection of recyclable material and serviced mechanically or manually.
“Recycling drop-off box” means a drop-off box utilized for the collection of recyclable material only.
“Reload” means additional material placed in a container after initial pickup.
“Remodel” means commercial or residential intent to refinish or alter structure, definitively changing the look and layout of its space, not merely updating, or tweaking it.
“Residential customer” means an individual who physically occupies the subject dwelling unit and is directly responsible for payment of all public utilities serving the residential unit to which solid waste service is provided.
“Scavenging” means the unauthorized removal of materials from a public disposal area, solid waste collection container, recycling drop-off box, or any container used for the collection of recyclable material.
“Sludge” means a semisolid substance consisting of settled sewage solids and/or other solids combined with varying amounts of water and dissolved materials generated from a wastewater treatment plant or other source.
“Small quantity generator (SQG) waste” means a waste defined in Chapter 173-303 WAC that exhibits the characteristics of a dangerous or extremely hazardous waste as defined by Chapter 173-303 WAC but is generated by a commercial entity in quantities of less than two hundred twenty pounds for dangerous waste, or two and one-fifth pounds for extremely hazardous waste.
“Solid waste” means all putrescible and nonputrescible solid or semisolid waste, including, but not limited to, garbage, refuse, rubbish, ash, industrial waste, swill, demolition, and construction waste, abandoned or junk vehicles or parts thereof, and discarded commodities, bulk waste, recyclable material, and unwanted vegetation or debris on publicly owned land or improved rights-of-way.
“Solid waste department” means the solid waste department of the city of Sedro-Woolley.
“Source separated” means the separation of different kinds of materials from the solid waste at the place where the waste originates.
“Special permit” means a permit issued by the city’s solid waste department.
“Swill” means all accumulation of animal, fruit, or vegetable matter, liquid or otherwise, intended to be used as feed for livestock, including, but not limited to, garbage waste from food service establishments or waste from wholesale/retail food processing facilities.
“SWMC” means Sedro-Woolley Municipal Code.
“Treated wastes” means the collection, removal, or disposal of infectious waste or infectious waste which has been rendered noninfectious.
“Vector” means a living animal, insect, or arthropod that may transmit an infectious disease from one organism to another.
“WAC” means Washington Administrative Code.
“Walk-in service” means the transport of a container by solid waste department personnel from the customer’s premises or other designated location to a location accessible for collection.
“Yard waste” means vegetation material generated as a result of normal maintenance of residential yards. These wastes include above-ground cuttings such as grass clippings, pruning cut limbs (up to four feet in length and eight inches in diameter), and clean beauty bark, and food waste. Not included in yard waste are sod, dirt, rocks, and animal wastes.
“Yard waste container” means a container provided by solid waste department. Plastic and biodegradable bags are not acceptable yard waste containers. (Ord. 2022-22 § 2, 2022)
8.04.040 General requirements.
A. It shall be the customer’s responsibility to ensure that, prior to the arrival of the collection vehicle on the scheduled collection day, containers are placed curbside, or where a curb is not present, at street side or alley, or such other location as may be designated or approved by solid waste department management. Solid waste department personnel shall not be required to negotiate steep ramps, stairs, or hazards, or to remove containers from wells or storage bins in the performance of their duties. Such location shall be easily accessible for collection. All containers must face in the proper direction with the lids completely closed with unobstructed access for collection. It shall be the responsibility of each customer to remove the container from street-side or alley on the same day as collection.
Walk-in service on the customer’s premises may be approved by solid waste department on a case-by-case basis for customers who establish that it is impractical or infeasible to place containers in a location directly accessible to collection trucks from the street or alley and that access is available on the customer’s premises. The walk-in service distance shall not exceed one hundred feet unless approved by solid waste department. Walk-in service charges will apply to all walk-in service regardless of whether such service is approved in advance of service. Walk-in service customers are responsible for maintaining an accessible, unobstructed, paved pathway on ground level of the customer’s premises with acceptable grades and ramps to allow for carry service to be provided. For walk-in service, the customer must control the customer premises or acquire and maintain right of access for the walk-in service to be provided by solid waste department personnel.
Any waste exceeding the rated capacity of the container shall be subject to an extra charge at applicable rates established herein. Overloading containers in a manner which is likely to: (1) cause damage to the collection vehicle or container; (2) create a litter condition; or (3) impede collection is prohibited.
Solid waste department may collect extra solid waste on or around automated containers. If additional solid waste is generated on the premises that cannot be accommodated by regularly scheduled service in the automated containers provided, the customer shall request and use additional automated containers or be subject to additional charges as set forth in this chapter. “Extra refuse” is any material placed for collection in addition to the regular collection service, which is within acceptable weight limits, can be reasonably handled by one person, and is placed within a five-foot radius of the container.
Solid waste department shall not be responsible for solid waste collection if there is a violation of any part of this section or circumstances are beyond the control of the solid waste department. Circumstances or violations include, but are not limited to, container overload, improperly loaded container, blocked access, container inaccessibility, or dangerous situations.
Automated collection within the city is mandatory in those areas designated by solid waste department. Any materials that, in the discretion of solid waste department, have not been securely wrapped or bagged shall not be collected.
It shall be a violation of this section to place or deposit any solid waste whatsoever in or around a solid waste container owned or provided for the use of another customer without that customer’s written approval.
Solid waste department shall reserve the right to inspect any or all solid waste prior to and/or during disposal for compliance with local, state, or federal laws or regulations.
Solid waste placed or deposited in the manner other than described in this section shall be considered improper disposal of solid waste. In such instances of improper disposal of solid waste, solid waste department shall notify the property owner and/or current utility customer and request them to correct the condition within forty-eight hours by legally disposing of such waste. If the condition is not corrected after forty-eight hours, solid waste department shall dispose of the solid waste and charge the property owner and/or current utility customer at the rate listed in the master fee schedule adopted by resolution of the city council.
Solid waste department, or the city’s contractor, may enter property to collect, remove, and dispose of solid waste and assess costs for such collection, removal, and disposal in accordance with the nuisance abatement process set forth in Title 18. Any unpaid collection, removal, and disposal costs incurred by solid waste department, under this subsection, may be collected in any lawful manner authorized for the collection of utility bills.
New construction or remodels of business and homes shall have a minimum amount of solid waste and recycling services sized to the extent of the project. The decision on the minimum amount of service under this section and the determination of how to deliver solid waste services is solely within the solid waste supervisor’s discretion, and the solid waste supervisor’s decision is final.
B. Private Hauling Prohibited—Special Reports—Commercial Recycling—Construction, Demolition and Land-Clearing Waste. Except where preempted by state law or pursuant to a written city contract or franchise as provided hereafter, no person may provide solid waste collection or solid waste disposal services or residential recycling collection services otherwise provided by the city solid waste collection and disposal departments within the city. Specifically, the use of roll-off boxes or tilt-frame trucks by persons other than the solid waste collection department or persons authorized by city contract, city franchise, or city solid waste permit (as defined in Section 8.04.070) is prohibited.
A “roll-off box or container” is defined as a nonmotorized container that is left at a site in which there are materials deposited including trash, recycling, construction debris and/or garbage. It is normally metal and capable of being hauled to be dumped elsewhere.
The following specialized solid waste handling equipment is prohibited from use in the city without a solid waste special permit or written approval from the solid waste department:
1. Front, rear, or side load waste collection vehicle.
2. Tilt-frame, hook lift or cable collection vehicle for the hauling of roll-off waste containers or waste compactors.
3. Private roll-off waste container.
4. Intermodal container used for solid waste disposal.
5. Container carrier truck or container delivery truck for the hauling of solid waste containers.
Private junk removal or hauling services are prohibited to the extent they involve collection or hauling of solid waste, including construction, demolition, and land clearing wastes. Private junk removal, hauling or cleanup services will need to have a special permit (as defined in Section 8.04.070) and abide by all disclosure and reporting requirements as prescribed by the solid waste supervisor.
It is unlawful for any person to bury, burn, dump, collect, remove, or in any other manner dispose of garbage or refuse upon any street, alley, public place, or private property within the city, except as permitted herein or by such rules and regulations as from time to time may be promulgated by the refuse collection and disposal system.
C. Commercial Recycling Hauling. Persons engaged in commercial recycling hauling for hire will need to have a special permit as defined in Section 8.04.070 and must submit a written location disclosure report to be reviewed by the solid waste supervisor. The report must contain the following information: destination of haul, resulting useful product showing recycling use, and proof of commercial value of said product. The report is due at or before the time of placement of any containers for recyclables collection. All recycling containers placed must be clearly labeled “recyclables only” in large twelve-inch block letters of contrasting colors on all exterior sides.
Haulers and transporters are also responsible to explain and provide written information about city requirements to segregate recyclables from solid waste to their customers. Additionally, recycling haulers, transporters and private junk removal or hauling services must file separate written annual report with the solid waste supervisor no later than February 1st for the prior year’s recycling activities, in a format acceptable to the solid waste department.
“Commercial recycling hauling” for purposes of reporting requirements consists of collection and transportation of mixed or source-separated (that is, separated by the original generator) recyclable materials from a drop-off box, or from a commercial or industrial generator of recyclable materials to a processor of recyclable materials or end user of recyclable materials.
Recyclable materials must contain no solid waste (nonrecyclable materials). However, adjustments to this requirement may be made by the solid waste supervisor, granted only in writing, if the applicant can demonstrate to the solid waste supervisor that its activities are in the best interests of the public health and safety for meeting the recycling goals set forth in the Skagit County solid waste management plan. All recyclable materials shall be processed and marketed in such a way that they are recycled rather than disposed of as solid waste.
All persons engaged in commercial recycling shall provide documentation of the final disposition of all recyclable materials upon request by the solid waste supervisor. These records shall be maintained for a minimum of three years.
D. Construction, Demolition and Land-Clearing Waste. Construction, demolition, and land-clearing wastes are defined in Section 8.04.030, and are a result of construction, demolition, and land-clearing activities, which are generated under a valid building or demolition permit issued by the city of Sedro-Woolley.
Collection and hauling for hire by private haulers is prohibited without possession of a current valid special permit issued by the city of Sedro-Woolley solid waste department.
Persons who create construction, demolition and/or land-clearing wastes as a result of construction, demolition or land-clearing activities shall require that all construction, demolition and land-clearing wastes, if recycled, be hauled to a permitted facility located within Skagit County.
All building or demolition permitted sites must have a city of Sedro-Woolley solid waste container for putrescible waste generated at the job site. The decision on the amount of service under this section and the determination of how to deliver solid waste services is solely within the solid waste supervisor’s discretion, and the solid waste supervisor’s decision is final. All building or demolition permitted sites must be able to show all receipts or recycling tickets for recyclables taken off site and must be submitted to the solid waste department at the end of every job and available for inspection by the solid waste collection department staff.
The solid waste collection department will provide hauling services for construction, demolition and land-clearing wastes upon request.
The city of Sedro-Woolley retains all rights permitted to cities concerning the management of all solid waste as provided for under Washington State law.
Construction, demolition and land-clearing wastes collected and hauled by the city of Sedro-Woolley which are refused will either be returned to the generator or hauled to the Skagit County transfer facility or other appropriate transfer station, at generator’s expense.
All records of any party engaged in activities relating to collection of solid waste or recycling as identified under this section are subject to inspection and copying by the solid waste supervisor. Such parties shall furnish promptly such records or information as the solid waste supervisor may require, at no cost to the city.
In addition to any other provision, any person in violation of applicable requirements in this section shall be subject to revocation of said party’s special permits.
E. Upon cancellation of any collection privileges, the holder thereof shall peacefully surrender all territory, providing such information related thereto at no cost to the city, as the solid waste supervisor may require.
F. The solid waste supervisor of solid waste collection is vested with the duty of administering the provisions of this section. The solid waste supervisor may prepare and require the use of such forms as deemed needed for administering the requirements of this section. (Ord. 2022-22 § 2, 2022)
8.04.050 Transportation.
It shall be a misdemeanor for any person other than solid waste department to transport solid waste generated within the city to destinations outside the city without the written approval of the solid waste supervisor. Solid waste transported within the city shall be tarped and secured as necessary to prevent a nuisance and/or littering. Transportation of solid waste shall comply with all ordinances of the city and all laws of the state of Washington, including but not limited to those set forth in Chapter 70.93 RCW, the Waste Reduction, Recycling, and Model Litter Control Act. The operator of a vehicle transporting solid waste to the public disposal or recycling area shall secure or cover the vehicle’s waste in a manner that will prevent solid waste from spilling out of the vehicle. (Ord. 2022-22 § 2, 2022)
8.04.060 Requirements for containers.
The thirty-two-, sixty-four-, ninety-six-, and two-hundred-gallon automated and semiautomated collection containers are the property of the city of Sedro-Woolley and provided exclusively by solid waste department. These containers shall be used only for the collection and disposal of solid wastes by solid waste department. The thirty-two-, sixty-four-, and ninety-six-gallon automated and semiautomated collection containers, including contents, shall not exceed rated capacity at the time of collection.
Bulk solid waste collection containers, i.e., front-load container, drop-off box, and compactor, may be used only upon prior approval of solid waste department. Solid waste department reserves the right to refuse solid waste collection service if, in the opinion of solid waste department, the access to or the dumping of these containers presents a hazard. Customers may request two container or service changes, per premises, per year. Additional requests for changes will be billed in addition to the monthly rate, as set forth in Section 8.04.120. (Ord. 2022-22 § 2, 2022)
8.04.070 Special permits.
A special permit from the city of Sedro-Woolley solid waste department shall be required for the collection of any solid waste or recyclables including junk removal or source separated recycling including mixed or commingled recyclable materials from within the city limits, by anyone other than city personnel or by anything other than city equipment. Such collection, removal, processing, or disposal without a special permit is a violation of this chapter. The supervisor is authorized to approve or disapprove applications for special permits. The supervisor may prepare and require the use of such forms as deemed essential for administering the requirements of this section. Permittees shall comply with applicable state laws and city ordinances, and obtain all applicable city permits. (Ord. 2022-22 § 2, 2022)
8.04.080 Assistance to elderly and/or disabled individuals.
Elderly and/or disabled residents who cannot place their containers and have no other alternative for complying with the requirements of this chapter may notify the solid waste department for assistance in providing special collection service to such individuals. (Ord. 2022-22 § 2, 2022)
8.04.090 Rate reduction for low-income senior and low-income disabled individuals.
A. The maximum charge for garbage collection service at the residence of an eligible head of household, as defined in Section 8.08.020, shall be eighty percent of applicable residential rate; provided, however, that no more than one garbage can per week shall be picked up at such residence without additional charge being made at the regular rate. This discount will not apply to recycling or other special services.
B. Eligible Head of Household Defined. For purposes of this section, an “eligible head of household” shall be defined as follows: Any person who has qualified for exemption from all or a portion of the amount of excess and regular property taxes for the claimed residence pursuant to RCW 84.36.381. Proof of entitlement may consist of documents or copies of documents from the county assessor’s office showing that the applicant meets the necessary qualification as set forth in RCW 84.36.381.
C. No person, however qualified, shall be entitled to the reduced sanitary sewer service rates provided in this section until such person has made official application for the same with the clerk of the city. Reductions of rates made pursuant to this chapter shall be effective only for the billing period during which application is made in accordance with this section and for those billing periods occurring thereafter during which time the applicant remains eligible to receive reduced sanitary sewer service rates.
D. The clerk of the city is hereby directed to maintain a supply of affidavits and application forms establishing qualifications of applicants for reduced collection rates in a form to be approved by the city council.
E. Any person making false representations in order to secure reduced garbage collection rates pursuant to this chapter shall be guilty of a misdemeanor. (Ord. 2022-22 § 2, 2022)
8.04.100 Collection.
Except as set forth in Section 8.04.110, solid waste department shall provide for the collection and disposal of all solid waste from all residential, commercial, and industrial premises within the city and from all other occupied premises as often as required by the solid waste department. The solid waste department reserves the right to establish the appropriate level of service.
If more than one pickup per week is required on a continuing basis, the city may require a larger container. (Ord. 2022-22 § 2, 2022)
8.04.110 Pilot projects.
The solid waste supervisor may alter the frequency of residential solid waste collection required under Section 8.04.100 from time to time, in certain areas of the city, as part of a pilot project to evaluate more efficient and sustainable solid waste collection services. (Ord. 2022-22 § 2, 2022)
8.04.120 Collection charges.
A. Charges for solid waste, refuse and garbage collection and disposal shall be compulsory. Charges not paid within twenty-five days of billing date shall be delinquent and the charge may become a lien against the property which is serviced by the garbage collection and disposal system. The city, at its discretion, may also reduce or eliminate service on delinquent accounts.
B. Residential includes single-family, duplex, triplex, apartments and condominium residences. Each living unit of such residences shall be subject to the rates established in this chapter.
C. Multifamily, apartments, cabin courts and trailer park units, etc., shall be at the applicable solid waste commercial rate plus per unit for recycling.
D. Yard Trimmings. Yard trimmings, including but not limited to weeds, grass, sod, trees, shrubs, foliage parts, rocks, cement or other material not generally considered regular household refuse, shall be excluded from sanitation collection services unless special arrangements are made with the solid waste department. Extra charges for such collection shall be determined by the mayor or his designee.
E. Interest Charges. All charges for sanitation services shall be due and payable when rendered. Sanitation service charges shall be delinquent if not paid in full within twenty-five days after the date of billing. Delinquent charges shall bear interest at the rate as listed in the master fee schedule adopted by resolution of the city council beginning on the first day of the month following delinquency until paid in full. In addition, a late penalty as listed in the master fee schedule adopted by resolution of the city council shall be charged for any solid waste account that is delinquent for more than sixty days.
F. The mayor or his or her designee may charge any resident or customer such additional service charges when he or she determines that special circumstances make it necessary to do so in order to compensate the city for the actual cost of solid waste collection, disposal and administration, when the foregoing fee schedule is not adequate for this purpose. Any resident or customer may appeal the assessment of this additional charge to the city council. Notice of appeal shall be by written request to the city clerk within ten days of mailing of the bill or receipt of payment for such services by the city, whichever is less. The decision of the city council shall be final.
G. As a condition of commercial garbage service, the city may require that the financially responsible party provide a credit report, personal guaranty, security deposit, bond, written agreement, or other commercially reasonable assurances of payment. The city may terminate service for a past due commercial account upon twenty-four hours of notice to the customer mailed to the billing address.
H. The customer shall be responsible for any damage to the container other than normal wear and tear and damage caused by the city. The cost of replacement of a damaged container shall be added to the customer’s bill.
I. Rates include a three and six-tenths percent state of Washington refuse tax.
J. Solid waste department reserves the right to collect advance payment for container placement and up to four months of charges for rental and service charges associated with the provision of temporary service. The city utility billing department may accept satisfactory securities or surety bond in lieu of cash payment. Such payment or security may be applied toward the payment of service charges whenever the same shall become due. Solid waste department reserves the right to require additional advance payment for subsequent service that may be requested by the customer.
K. The charges for garbage and recycling services shall be as set out in the master fee schedule currently adopted or as modified or amended in the future. (Ord. 2022-22 § 2, 2022)
8.04.130 Fuel surcharges.
A fuel surcharge is added to each account as set out in the master fee schedule currently adopted or as modified or amended in the future. (Ord. 2022-22 § 2, 2022)
8.04.140 Discontinuance of refuse collection.
A property owner may discontinue service for garbage and refuse collection for a period of not less than two calendar months, in monthly increments beginning on the first day of a billing cycle period, upon prior written request to the city. The city-owned refuse container must be made accessible for pickup at the time of the request for suspension of service. Reinstatement of service must be made seven days prior to reoccupancy of the property. Garbage and refuse collection service may only be discontinued if the parcel is completely unoccupied for the entire billing cycle period for which discontinuance of service is requested; provided, garbage and refuse collection service may not be discontinued during remodeling or construction work.
The city will discontinue billing for the billing cycle period for which service is discontinued.
The owner of an apartment building or other multi-unit dwelling, or owner of multiple units or structures, or parcel with multiple occupants which share a common refuse container or receive a single bill for more than one unit or structure or parcel, may not discontinue service if any unit, structure or portion of the parcel is occupied. (Ord. 2022-22 § 2, 2022)
8.04.150 Recycling—General.
The city reserves the right to, and may at its discretion, require the separation of recyclable material, including food and yard waste or other component parts of solid waste, or may require the deposit thereof in separate cans or receptacles, and may prescribe the method of collection and reuse.
It is the intent of the city to promote and encourage the recycling of materials and to achieve and maintain a fifty percent recycling goal.
Recyclable material is considered to be solid waste for the purposes of this chapter. It shall be unlawful for any person other than solid waste department to engage in the business or activity of removing, collecting, salvaging, or destroying any recyclable material, as defined elsewhere in this chapter, that has been set out for collection by solid waste department or has been deposited into a permitted recycling drop-off container or center, either private or public, except by special permit issued under Section 8.04.070.
No person may divert to personal or commercial use any recyclable material placed in a container as part of a recycling program without the consent of the generator of such recyclable material or solid waste department.
Recyclable material becomes the property of the city at the moment the material is set out at the curb for collection by solid waste department or at the moment it is deposited into solid waste department-owned recycling containers.
“Recyclable materials” shall mean the materials described in Section 8.04.030.
It shall be unlawful for any person to place any material in or around a recycling container other than the recycling material intended for that container.
The solid waste supervisor is authorized and directed to establish and promulgate reasonable regulations, including, but not limited to, regulations governing the permitting of recycling activities and the establishment of standards and conditions for recycling containers and centers. The manner, day, location, and time for the collection of recyclable material, including yard and food waste, shall be designated by solid waste department.
It is unlawful to collect, haul, or convey recyclables, including yard and food waste, from any premises in the city, other than from one’s own premises or place of business, without a special permit issued under Section 8.04.070.
It shall be the responsibility of the customer to separate and keep separated from other solid waste any yard and food waste placed at the curb for pickup by solid waste department. Solid waste department shall not be held responsible for failure to collect the yard and food waste if there is a violation of any part of this chapter or if circumstances are beyond the control of solid waste department. It is also the responsibility of the customer to keep any yard and food waste separated for disposal into the designated areas at solid waste department public disposal area.
All new multifamily residences and new commercial developments shall provide adequate and conveniently located space to store and dispose of recyclable materials and solid waste. These spaces must be in compliance with the solid waste department enclosure specifications and city building code as adopted by the city and any applicable zoning codes. A solid waste department inspection may be required prior to completion and occupancy. (Ord. 2022-22 § 2, 2022)
8.04.160 Enforcement.
Officers or employees of the solid waste department designated by the solid waste supervisor are authorized to enforce the provisions of this chapter. (Ord. 2022-22 § 2, 2022)
8.04.170 Violations—Penalties.
Any person violating or failing to comply with any of the provisions of this chapter shall be subject to the enforcement provisions and penalties contained in Title 18, Code Enforcement. (Ord. 2022-22 § 2, 2022)
8.04.180 Notice of violations—Civil penalties.
Any person violating or failing to comply with any of the provisions of this chapter shall be cited according to the procedural provisions set out in Title 18, Code Enforcement. (Ord. 2022-22 § 2, 2022)
8.04.190 Anti-scavenging.
Once residential recyclable materials and residential yard waste materials have been set out on the curbside or other such location as authorized by the city, ownership of those recyclables and yard waste materials passes to the contractor. It is unlawful for any person other than the city or city-approved contractor to remove or collect any such recyclable materials or yard waste materials once they are set out on the curbside or other approved location. (Ord. 2022-22 § 2, 2022)