Chapter 8.08
SOLID WASTE COLLECTION AND COMPOST PROCUREMENT*
Sections:
8.08.010 Purpose – Definitions.
8.08.020 Solid waste collector.
8.08.030 Compulsory solid waste collection service.
8.08.050 Solid waste containers provided by contractor.
8.08.060 Location of containers for collection.
8.08.070 Unlawful disposal of solid waste.
8.08.080 Solid waste collection rates and charges.
*Prior legislation: Ords. 575 and 639.
8.08.010 Purpose – Definitions.
A. Purpose. It is the intent of this chapter to make the collection, removal, and disposal of solid waste within the city compulsory and universal to promote public health, sanitation, and welfare and regulate the manner in which solid waste is handled.
B. Definitions. The following definitions apply to this chapter and are consistent with the contract between the city and the solid waste collector:
1. “Garbage” means all putrescible and nonputrescible solid and semisolid wastes, including, but not limited to, rubbish, ashes, industrial wastes, swill, small dead animals completely wrapped in plastic and weighing fewer than 15 pounds, and discarded commodities that are placed by customers in appropriate containers, bags, or other receptacles for collection and disposal by the contractor. Needles or “sharps” used for the administration of medication can be included in the definition of “garbage” if they are placed within a sealed, secure container and handling is consistent with current Clallam County sharps policy. The term “garbage” does not include demolition and construction debris, hazardous wastes, source-separated recyclables, or source-separated yard waste and organic material.
2. “Container” means any bin, can, cart, detachable container, tote, or drop box container used to collect solid waste.
3. “Customer” means all users of solid waste collection services in the city.
4. “Solid waste” means all garbage, recyclables, yard waste, and organic material.
5. “Collection service” means a written agreement or account with the city’s appointed solid waste collector or contractor under which customers pay for the use of approved containers and regular collection and disposal of accumulated solid waste.
6. “Yard waste” means leaves, grass, and clippings of woody fleshy plants up to three inches in diameter and three feet in length.
7. “Composted material” is as defined in RCW 70A.205.015. “Compost products” are products derived from composted material. “Finished compost product” means a product created with “composted material” that is either 100 percent composted material, a product that contains composted material as a primary ingredient, or a blended product that contains a minimum of 60 percent composted material.
8. “Organic material” is as defined in RCW 70A.205.015.
9. “Landfill” is as defined in RCW 70A.205.015. (Ord. 2024-012 § 1 (Exh. A); Ord. 2020-014 § 1 (Exh. A); Ord. 2002-024; Ord. 144 § 1, 1948)
8.08.020 Solid waste collector.
The city council is authorized to appoint a suitable and qualified entity as solid waste collector who will have powers as provided by contract. (Ord. 2024-012 § 1 (Exh. A); Ord. 2020-014 § 1 (Exh. A); Ord. 2002-024; Ord. 144 § 2, 1948)
8.08.030 Compulsory solid waste collection service.
A. All persons or entities with premises located within the city limits must have and maintain solid waste collection services and keep or cause to be kept containers, approved by the solid waste collector or provided by the contracting solid waste collector for the accumulations of solid waste. Such containers must be of a type and nature approved by the city or its contracted collector; kept in a sanitary condition with the outside thereof clean and free from accumulating grease or decomposing materials; and kept in a place accessible to the solid waste collector.
B. The collection and disposal of solid waste are exclusive to the city’s contracted collector and no other person or entity can offer or collect or dispose of solid waste for hire from within the city limits of the city. (Ord. 2024-012 § 1 (Exh. A); Ord. 2020-014 § 1 (Exh. A); Ord. 2002-024; Ord. 460 § 3, 1984; Ord. 144 § 4, 1948. Formerly 8.08.040)
8.08.040 Solid waste removal.
The city’s solid waste collector is the exclusive entity to move and dispose of all solid waste that may be necessary or as may be contracted for or independently undertaken by the city. (Ord. 2024-012 § 1 (Exh. A); Ord. 2020-014 § 1 (Exh. A); Ord. 2002-024; Ord. 144 § 5, 1948. Formerly 8.08.050)
8.08.050 Solid waste containers provided by contractor.
Solid waste containers must be provided by the city’s solid waste collector and be of an approved type and design. (Ord. 2024-012 § 1 (Exh. A); Ord. 2020-014 § 1 (Exh. A); Ord. 2002-024; Ord. 446 § 1, 1983; Ord. 144 § 7, 1948. Formerly 8.08.060)
8.08.060 Location of containers for collection.
All solid waste containers must be placed, at the time of scheduled collection, at locations designated by the solid waste collector. Such locations must be within five feet of the public street or private road (or on the sidewalk without obstructing the sidewalk, if there is no customer property within five feet of the public street or private road) without blocking driveways or on-street parking. If extraordinary circumstances preclude such a location, the customer must contact the solid waste collector to determine a mutually agreeable alternative. (Ord. 2024-012 § 1 (Exh. A); Ord. 2020-014 § 1 (Exh. A); Ord. 2002-024; Ord. 144 § 8, 1948. Formerly 8.08.070)
8.08.070 Unlawful disposal of solid waste.
A. It is unlawful for any person or entity to burn, dump or in any manner dispose of solid waste upon any street, alley, public place, or private property in the city.
B. It is further unlawful for any person or entity to dispose of garbage by placing it into a garbage collection container that another person or entity owns or pays for without that person’s or entity’s consent.
C. It is further unlawful for any person or entity to use city solid waste collection facilities for disposal of household solid waste. (Ord. 2024-012 § 1 (Exh. A); Ord. 2020-014 § 1 (Exh. A); Ord. 2002-024; Ord. 349 § 1, 1977; Ord. 144 § 9, 1948. Formerly 8.08.080)
8.08.080 Solid waste collection rates and charges.
Charges are provided for in the contract between the city and its solid waste collector, the terms of which are available in the city attorney’s office. (Ord. 2024-012 § 1 (Exh. A); Ord. 2020-014 § 1 (Exh. A); Ord. 2002-024; Ord. 2001-025; Ord. 2000-019; Ord. 99-022 § 2. Formerly 8.08.090)
8.08.090 Compost procurement.
A. General Policy. The city of Sequim will purchase finished compost products for use in public projects in which compost is an appropriate material in city projects or on city land; provided, that the purchasing cost does not exceed 10 percent of the cost of another product that would serve the same purpose. “Procurement cost” includes the product cost and all associated transportation and delivery charges. The city is not required to use compost products if:
1. Compost products are not available within a reasonable period of time; or
2. Compost products that are available do not comply with existing purchasing standards; or
3. Compost products that are available do not comply with federal or state health, quality, or safety standards.
B. Local Purchasing. The city of Sequim will purchase finished compost products from its own composting facility, if any; provided, that the product meets all Department of Ecology standards. If Sequim does not have a composting facility or suitable product of its own, compost will be sourced from non-city of Sequim facilities, with preference given to products sourced as close as possible to the corporate limits of Sequim. Proof that locally produced compost was not available at the time of purchase or was cost-prohibitive must be documented.
C. Planning. In order to meet the general policy described in this section, the city will plan for compost use in the following categories:
1. Landscaping projects.
2. Construction and post-construction soil amendments.
3. Applications to prevent erosion, filter stormwater runoff, promote vegetative growth, or improve the stability and longevity of roadways.
4. Low-impact development of green infrastructure to filter pollutants or to keep water on site, or both.
D. Education. The city through its public works department designee will cooperate with other local jurisdictions in the region to conduct educational outreach to inform residents about the value of compost and how residents can help with composting in the city limits and the North Olympic Peninsula.
E. Reporting. By December 31, 2024, and each December 31st of even-numbered years thereafter, the city through its public works director or designee will report the following information to the Department of Ecology:
1. Total tons of organic material diverted from landfills each year.
2. The volume and cost of composted material purchased each year. (For compost use tracking and reporting, only the volume of composted material will be reported, based on the percentage of compost material in a finished compost product. Example: If the city purchased 10 cubic yards of a bioretention soil blend that is 40 percent compost and 60 percent sand, the jurisdiction would report four cubic yards of composted material usage.)
3. The source(s) of the finished compost product purchased. (Ord. 2024-012 § 1 (Exh. A))
8.08.100 Violation – Penalty.
Any violation of the provisions of this chapter is a civil offense subject to the penalties for violations as set forth in Chapter 1.13 SMC. (Ord. 2024-012 § 1 (Exh. A); Ord. 2020-014 § 1 (Exh. A); Ord. 2002-024; Ord. 144 § 13, 1948. Formerly 8.08.110)