Chapter 13.28
SOLID WASTE MANAGEMENT

Sections:

13.28.020    Definitions.

13.28.040    Minimum levels of recyclables collection.

13.28.050    Drop boxes for voluntary collection.

13.28.060    Solid waste collection and recycling rates.

13.28.080    City notification of WUTC tariff filings.

13.28.100    Program promotion and education requirements.

13.28.120    Certificated hauler’s customer service responsibilities.

13.28.140    Reporting requirements.

13.28.180    Full program implementation.

13.28.200    Single-use plastic and recyclable paper carryout bags.

13.28.020 Definitions.

The following definitions shall apply in the interpretation and enforcement of this title:

“Agricultural wastes” means nondangerous wastes on farms resulting from the production of agricultural products including but not limited to manures and carcasses of dead animals weighing each or collectively in excess of 15 pounds.

“Asbestos-containing waste material” means any waste that contains asbestos. This term includes, but is not limited to, asbestos waste from control devices, contaminated clothing, asbestos waste material, materials used to enclose the work area during an asbestos project, and bags or containers that previously contained asbestos.

“Ashes” means the residue from combustion or incineration of material including solid wastes and any air pollution control equipment flue dusts.

“Bulky waste” means large items of refuse, such as appliances, furniture, and other oversize wastes which would typically not fit into reusable solid waste containers.

“Certified hauler or certificated hauler” means any person engaged in the business of solid waste handling having a certificate granted by the Washington Utilities and Transportation Commission for that purpose.

“Clean soils and clean dredge spoils” means soils and dredge spoils which are not dangerous wastes or problem wastes as defined in this chapter.

“Commercial hauler” means any person, firm or corporation including but not limited to “certificated hauler,” as defined herein, collecting or transporting solid waste for hire or consideration.

“Compacted waste” means any solid waste whose volume is less than in the loose condition as a result of compression.

“Dangerous wastes” means any solid waste designated as dangerous waste by the Washington State Department of Ecology under Chapter 173-303 WAC.

“Demolition wastes” means largely inert solid waste resulting from the demolition, razing or construction of buildings, roads, and other man-made structures. Demolition waste consists of, but is not limited to, concrete, brick, bituminous concrete, wood and masonry, composition roofing and roofing paper, steel, and minor amounts of other metals like copper. Plaster (i.e., sheet rock or plaster board) or any other material, other than wood, that is likely to produce gases or a leachate during the decomposition process and asbestos wastes are not considered to be demolition waste for the purposes of this chapter.

“Disposal” means the discharge, deposit, injection, dumping, leaking, or placing of any solid waste into or on any land or water.

“Disposal facility” is a disposal site or intermediate solid waste handling facility. This includes, but is not limited to, transfer stations included as part of the county disposal system, landfills, incinerators, composting plants, and facilities for the recycling or recovery of resources from solid wastes or the conversion of the energy from such wastes to more useful forms or combinations thereof.

“Disposal site” means a site or sites approved by the Washington State Department of Ecology where any final treatment, utilization, processing or disposition of solid waste occurs.

“Disposal system” means the system of disposal facilities, rules and procedures established pursuant to this title.

“Drop box facility” means a facility used for the placement of a detachable solid waste container, i.e., drop boxes, including the area adjacent for necessary entrance and exit roads, unloading, and turnaround areas. Drop box facilities normally serve the general public with loose loads and receive waste from off-site. Drop box facilities may also include containers for separated recyclables.

“Energy resource recovery” means the recovery of energy in a usable form from mass burning or refuse derived fuel incineration, pyrolysis or any other means of using the heat of combustion of solid waste that involves high temperature (above 1,200 degrees Fahrenheit) processing.

“Garbage” means unwanted animal and vegetable wastes and animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food, swill, and carcasses of dead animals and of such a character and proportion as to be capable of attracting or providing food for vectors, except sewage and sewage sludge.

“Hazardous wastes” means and includes, but is not limited to explosives, medical wastes, radioactive wastes, pesticides and chemicals which are potentially harmful to the public health or the environment. Unless otherwise defined by the Kitsap County Board of Health, such waste shall have the meaning as defined by the Washington State Department of Ecology and the Washington Administrative Code.

“Hazardous waste management plan” means a plan for managing moderate risk wastes, pursuant to RCW 70.105.220.

“Industrial solid wastes” means waste by-products from manufacturing and fabricating operations such as scraps, trimmings, packing, and other discarded materials not otherwise designated as dangerous waste under Chapter 173-303 WAC.

“Interim solid waste handling facility” means any intermediate treatment, utilization or processing site engaged in solid waste handling which is not the final disposal site. Transfer stations, drop boxes, baling and compaction sites, source separation centers, intermediate processing facilities, mixed waste processing facilities and treatment facilities are considered intermediate solid waste handling sites.

“Intermediate processing facility” means any facility that sorts mixed recyclables from source separation programs to divide them into individual component recyclable materials or to process them for marketing.

“Landclearing wastes” means solid wastes resulting from the clearing of land for new construction and includes, but is not limited to, stumps and other vegetation, and other plant or mineral wastes.

“Landfill” means a disposal site or part of a site at which waste is placed in or on land and which is not a landspreading disposal facility.

“Landspreading disposal facility” means a facility that applies sludge or other solid wastes onto or incorporates solid waste into the soil surface at greater than vegetative utilization and soil conditioners/immobilization rates.

“Liquid” means a substance that flows readily and assumes the form of its container but retains its independent volume.

“Littering” means to accumulate, or place, throw, deposit, put into or in any land or water or otherwise dispose of refuse including rubbish, ashes, garbage, dead animals, industrial refuse, commercial waste and all other waste material of every kind and description in any manner except as authorized by this chapter.

“Medical waste” means all waste so defined by the Bremerton/Kitsap County Health Department rules and regulations and as such rules and regulations as may be amended.

“Mixed waste processing” means sorting of solid waste after collection from the point of generation in order to remove recyclables from the solid waste to be disposed.

“Moderate risk waste” means:

1. Any waste that exhibits any of the properties of hazardous waste but is exempt from regulation under Chapter 70.105 RCW solely because the waste is generated in quantities below the threshold for regulation; and

2. Any household wastes which are generated from the disposal of substances identified by the Department of Ecology as hazardous household substances.

“Multifamily structure” means any residential structure receiving solid waste collection service as an entire structure or complex and the structure or complex is billed for solid waste collection service as a whole and not by individual dwelling units.

“Noncommercial user” means any person not engaged in the business of solid waste handling.

“Operating hours” means those times during which disposal facilities are normally open and available for the delivery of solid wastes.

“Plan” means the coordinated comprehensive solid waste management plan for the city as required by Chapter 70.95 RCW.

“Problem wastes” means:

1. Soils removed during the cleanup of a remedial action site, or a dangerous waste site closure or other cleanup efforts and actions and which contain harmful substances but are not designated dangerous wastes; or

2. Dredge spoils resulting from the dredging of surface waters of the state where contaminants are present in the dredge spoils at concentrations not suitable for open water disposal and the dredge spoils are not dangerous wastes and are not regulated by the Federal Clean Water Act.

“Procurement policy” means the development and implementation of a policy which achieves the purchase of products made from recycled and/or recyclable goods.

“Reclamation site” means a location used for the processing or the storage of recycled waste.

“Recyclables” means any material that can be kept out of or recovered from solid waste and the resources therein be transformed and/or reused including, but not limited to, mixed paper, newsprint, cardboard, aluminum, glass, plastics, chemicals, oil, wood, compostable organics (food and yard debris), ferrous metal, and inorganics (rubble and inert material).

“Recycling” means either source separation or the processing of solid waste mechanically or by hand to segregate materials for sale or reuse. Materials which can be removed through recycling include but are not limited to mixed paper, newsprint, cardboard, aluminum, glass, plastics, chemicals, oil, wood, compostable organics (food and yard debris), ferrous metal, and inorganics (rubble and inert material). Recycling does not include combustion of solid waste or preparation of a fuel from solid waste.

“Refuse” means garbage, rubbish, ashes, swill and all other putrescible and nonputrescible wastes, except sewage, from all public and private establishments and residences.

“Reuse” means the return of a commodity into the economic stream for use.

“Rubbish” means all nonputrescible wastes from all public and private establishments and from all residences.

“Secured load” means a load of solid waste which has been secured or covered in the vehicle in a manner that will prevent any part of the solid waste from leaving the vehicle while the vehicle is moving.

“Single-family dwelling” means any residential unit receiving solid waste collection service as an individual unit and the dwelling is billed for solid waste collection service as an individual dwelling.

“Solid waste” means all putrescible and nonputrescible solid and semisolid wastes, except wastes identified in WAC 173-304-015, including but not limited to garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, discarded commodities, sludge from wastewater treatment plants and septage from septic tanks, woodwaste, dangerous waste, and problem wastes. This includes all liquid, solid and semisolid materials which are not the primary products of public, private, industrial, commercial, mining and agricultural operations. Unrecovered residue from recycling operations shall be considered solid waste.

“Solid waste management” means the systematic administration of activities which provide for the reduction in generated volume, source separation collection, storage, transportation, transfer, recycling, processing, treatment and disposal of solid waste. This includes public education and marketing activities.

“Source separation” means the process of separating recyclable materials from material which will become solid waste at its source.

“Suspect waste” means any waste the manager suspects may be unauthorized waste.

“Swill” means every refuse accumulation of animal, fruit or vegetable matter, liquid or otherwise, that attend the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit and vegetables, except coffee grounds.

“Transfer station” means a staffed, fixed, supplemental collection and transportation facility used by persons and route collection vehicles to deposit collected solid waste from off-site into a larger transfer vehicle for transport to a permanent disposal site. It may also include recycling facilities.

“Unauthorized waste” means waste which is waste not acceptable for disposal at any or a specific disposal facility according to applicable rules and regulations or a determination of the manager.

“Uncompacted waste” means any solid waste in an uncompressed or loose condition.

“Waste reduction” means reducing the amount or type of waste generated.

“Woodwaste” means solid waste consisting of wood pieces or particles generated as a by-product resulting from the handling and processing of wood, including, but not limited to, hog fuel, sawdust, shavings, chips, bark, small pieces of wood, stumps, limbs and any other material composed largely of wood which has no significant commercial value at the time in question (but shall not include slash developed from logging operations unless disposed of on a different site), and does not include wood pieces or particles containing chemical preservatives such as creosote, pentachlorophenol, or copper-chrome-arsenate.

“Yard waste” means a compostable organic material generated in yards or gardens, including but not limited to, leaves, grass, branches, prunings, and clippings of woody and fleshy plants and unflocked Christmas trees, but shall not include rocks, dirt or sod, concrete, asphalt, bricks, landclearing wastes, demolition wastes, or woodwaste, or food waste.

“Yard waste facility” means a facility used by county residents to deposit source separated yard waste. (Ord. 2003-22 § 18, 2003; Ord. 91-29 § 1, 1991)

13.28.040 Minimum levels of recyclables collection.

The minimum levels of service and WUTC regulation of the certificated hauler, pursuant to RCW 70.95.160, shall continue. The minimum level of service for recycling programs in the city of Bainbridge Island shall include the following:

A. Single-Family Recyclables Collection.

1. Recyclables collection services shall, at a minimum, be available to all single-family dwellings.

2. Participation in these programs shall be voluntary.

3. Materials. The following recyclable materials, at a minimum, shall be collected from single-family dwellings:

a. Newspaper printed groundwood newsprint including glossy advertisements and supplemental magazines that are delivered with the newspaper;

b. Clear, amber, and green empty, clean glass containers. Plate glass, ceramics, or mirror glass shall not be collected;

c. Clean tin-coated steel cans;

d. Clean aluminum cans;

e. Mixed waste paper;

f. Clean and empty polyethylene terephthalate bottles [Society of Plastics Industry (SPI) code 1], including clear one-liter and two-liter soda bottles, as well as some bottles for containing liquor, liquid cleaners, and detergents;

g. Colored, high-density polyethylene HDPE (SPI code 2) containers such as those for detergent, fabric softeners and lotion;

h. Clear high-density polyethylene HDPE (SPI code 2) containers such as those for juice, milk or water;

i. Magazines;

j. Clean plastic food containers (SPI codes 3, 4 and 5) such as cottage cheese tubs and yogurt cups.

4. Collection Schedule. The recyclable materials listed in subsection A.3 of this section shall be collected weekly on the same day of the week as solid waste collection.

a. The certificated hauler may request an exception to this requirement for all or part of their service area.

b. The request must be submitted in writing to the city and include, at a minimum, the following information: the location of the area affected; the number of customers affected; the alternative collection schedule; and the reasons supporting the request.

c. The city will determine whether to allow the hauler’s request based on the following considerations: number of customers affected is minimized; demonstration that program participation will not be adversely affected; demonstration of substantial cost savings due to alternative collection schedule; and other information presented in the request.

5. Collection Containers. Containers for recyclables storage shall be provided by certificated hauler to program participants. The containers shall be provided by the certificated hauler by delivering containers to all program participants.

a. The containers shall be sufficient in number and type to hold all recyclables accumulated between collections.

b. The containers must be made of durable materials that will last a minimum five years under normal use. Plastic materials used in the construction of recycling containers shall be durable, ultraviolet light stabilized and manufactured using recycled or post-consumer materials. Collection containers shall contain a minimum of at least 10 percent post-consumer material unless the certificated hauler can demonstrate evidence to the city that such material is unavailable. Plastic bags, or bags made of other material, shall not be used as containers.

c. All containers shall contain name and telephone number and name of the certificated hauler and shall contain startup kits containing information about proper preparation of materials.

d. A container delivery schedule shall be provided to the city at the initiation of the project to allow for coordination of its promotional and educational efforts. Containers shall be delivered to program participants at least seven days prior to the initiation of collection.

B. Multifamily Recyclables Collection.

1. Recyclables collection services shall, at a minimum, be available to all multifamily structures or complexes.

2. Participation in these programs shall be voluntary.

3. Materials. At a minimum, all of the recyclable materials listed in subsection A.3 of this section shall be collected from multifamily structures.

4. Collection Schedule. The recyclable materials listed in subsection A.3 of this section shall be collected weekly on a regular schedule.

5. Collection Containers. Certificated haulers shall provide on-site collection containers for recyclables to multifamily structures or complexes on a sign-up basis according to the notification requirements defined in BIMC 13.28.100.B.

a. The containers shall be sufficient in number and type to hold all recyclables accumulated between collections.

b. On-site containers must be made of durable materials that will last a minimum of five years under normal use. Plastic bags, or bags made of other material, shall not be used as on-site containers.

c. All containers shall contain information about the proper preparation of materials and include the telephone number and name of the certificated hauler.

d. Containers shall be delivered to multifamily structures signed up for service at least seven days prior to the initiation of collection.

C. Additional Minimum Level of Service Provisions. The following provisions shall apply to the collection services described in subsections A and B of this section.

1. If access to potential program participants is restricted, due to impassable road conditions, alternatives to curbside recyclables collection, such as drop site collection, shall be provided by the certificated hauler. This exception shall not apply to impassable road conditions due to severe weather situations. The certificated hauler will report to the city those areas not receiving alternative curbside collection service.

2. The certificated hauler shall designate and inform the city and program participants of the holidays that it will observe and the schedule that will be used if the holiday falls on a regular collection day. The certificated hauler shall designate a process for responding to missed collections as a result of inclement or adverse weather conditions.

3. The certificated hauler shall retain ownership of all containers distributed to program participants. Replacement necessitated by normal use or by container damage due to the certificated hauler’s negligence shall be the responsibility of the certificated hauler. Replacement necessitated by container damage due to program participant negligence shall be at the program participant’s expense.

4. The certificated hauler shall use intermediate processing facilities that have obtained all applicable local, state and federal permits.

5. The certificated hauler shall not under any circumstances dispose of marketable recyclables by landfilling or incineration.

6. The city will discuss any proposed changes with the certificated hauler prior to proposing any amendments to the list of materials to be collected. However, nothing in this chapter shall prohibit the certificated hauler from exceeding the minimum requirements by collecting additional materials. (Ord. 2002-24 § 1, 2002; Ord. 93-15 §§ 1 – 3, 1993; Ord. 91-29 § 1, 1991)

13.28.050 Drop boxes for voluntary collection.

In addition to the materials specified for collection from single-family and multifamily dwellings, the certificated hauler may provide “drop boxes” for voluntary collection of additional recyclables, such as corrugated cardboard, white or colored office paper and other materials for which a market develops after the date of the adoption of the ordinance codified in this section. (Ord. 93-15 § 4, 1993)

13.28.060 Solid waste collection and recycling rates.

Certificate holders under Chapter 81.77 RCW shall use rate structures and billing systems consistent with the solid waste management priorities set forth under RCW 70.95.010 and the minimum levels of solid waste collection and recycling services pursuant to the local comprehensive solid waste management plan, as required by Chapter 81.77 RCW.

A. It is the city’s policy that the certificated hauler include the following elements in the tariffs submitted to the WUTC:

1. A mini-can (10 – 20 gallon container) rate to reward people who reduce their level of solid waste collection service;

2. A recycling-only rate for program participants who decline solid waste collection service, but participate in recycling programs. Certificated hauler may include a fee to administer billing for this service;

3. Billing that includes the combined cost of solid waste and recycling collection services, as provided by Chapter 81.77 RCW;

4. An inverted rate structure designed to provide customers with adequate options and incentives to reduce their level of solid waste collection service as a result of their participation in waste reduction and recycling programs;

5. A rate structure that distributes the cost of the single-family and multifamily recyclables collection programs among all rate payers in the franchise area where recycling services are available;

6. The cost to produce and distribute program promotion and educational materials to customers, in accordance with Section 13.28.100;

7. Reduced solid waste and recyclables collection rates for eligible elderly and low-income program participants, as permitted by the WUTC.

B. The certificated hauler shall file tariffs, with an effective date no later than January 1, 1992, with the Washington Utilities and Transportation Commission (WUTC). It is the city’s policy that the rates include the following elements:

1. All elements specified in subsection A of this section;

2. The incentive solid waste collection rate structure shall be designed to encourage participation in the recyclables collection program, in accordance with the plan. (Ord. 91-29 § 1, 1991)

13.28.080 City notification of WUTC tariff filings.

Whenever the certificated hauler files a proposed tariff revision for solid waste and/or recyclables collection rates with the WUTC, the certificated hauler shall simultaneously provide the city manager with copies of the proposed tariff and all supporting materials submitted to the WUTC.

A. The certificated hauler shall transmit the proposed tariff to the city manager at least 30 days prior to action by the WUTC.

B. The city will review the proposed tariffs to determine their compliance with the provisions of this chapter.

C. The certificated hauler shall notify the city within one week after the tariffs are approved by the WUTC. The notification shall specify the rates approved by the WUTC and the effective dates for the rates. (Ord. 2009-21 § 39, 2009: Ord. 91-29 § 1, 1991)

13.28.100 Program promotion and education requirements.

The certificated hauler shall be responsible for coordinating with the city all distribution of promotional and educational materials. Promotional and educational materials are those materials prepared by the city for the purpose of encouraging participation and educating residents about the city’s recycling collection programs. Materials shall include, but not be limited to, any or all of the following: brochures, mailings, advertisements and displays.

A. All notifications provided by the certificated hauler must be approved by the city. The city shall review notifications for content and accuracy of information, and consistency with materials prepared by the city. Copies of the notifications must be submitted to the city for its review at least three weeks prior to their printing and the city shall return comments to the certificated hauler within that three-week period.

B. The city may periodically provide the certificated hauler with educational materials to be included with hauler’s mailing or bill. These materials will be designed to encourage participation in the collection programs and to familiarize participants with general waste reduction and recycling concepts. The city and the certificated hauler shall mutually agree upon the number and format of materials to be included in the hauler’s mailings. Any material prepared by the city that will be distributed by the hauler will be given to the hauler for review three weeks prior to printing. The hauler shall return any comments on the materials to the city within that three-week period. (Ord. 91-29 § 1, 1991)

13.28.120 Certificated hauler’s customer service responsibilities.

The certificated hauler shall be responsible for all aspects of customer services. Customer service responsibilities shall include, but not be limited to:

A. General program information provided by telephone, brochures, and advertisements;

B. Container delivery and replacement information;

C. Written notification shall be distributed at the point of collection when collection is refused. The notification shall include, at a minimum, an explanation of the reasons collection was refused;

D. Response to complaints of missed collection. The certificated hauler shall collect the uncollected recyclables within one business day after the complaint is received and verified;

E. Telephone and written response to service complaints. The certificated hauler shall maintain an adequately staffed telephone. This number shall be accessible to residents for the purpose of providing program information, and accepting service comments and complaints. The phone line shall have the capability to record all calls received when the phone is not staffed. The city may publish the phone number(s) on other city materials as part of its education and promotion of the collection programs with prior notification of the certificated hauler. (Ord. 91-29 § 1, 1991)

13.28.140 Reporting requirements.

A. The certificated hauler shall submit an implementation report to the city each month beginning November 1991 and continuing through January 1992. The reports will include an implementation schedule for the program and a written summary of progress made to implement the collection program. The implementation schedule and report will address but need not be limited to: container delivery to program participants; status and content of tariff submittals to the WUTC; and progress made in program promotion and coordination.

B. The certificated hauler shall, by month end, provide the city with information to evaluate the effectiveness of the program during the prior month. The reports shall contain monthly, quarterly, and annual data in a format and medium determined by the city. The public works director shall have the authority to require reports such as:

1. Weekly and monthly set-out counts by routes. Set-out count is the number of dwelling units that make the contents of their recyclables collection containers available for collection;

2. Summaries of tons of all recyclables collected, by material;

3. Location of intermediate processing facilities and materials types delivered to these facilities;

4. Summaries of tons of all recyclables sold, by material;

5. Summary of tons of contaminated recyclables disposed of at the landfill, and which solid waste facility received it;

6. The total number of single-family solid waste collection customers;

7. The total number of multifamily complexes receiving solid waste collection service, and the number of units within those complexes;

8. The total number of single family dwellings receiving recyclables collection services;

9. The total number of multifamily complexes receiving recyclables collection services and the location of these complexes;

10. Summaries of tons of all solid waste collected from all single-family dwellings and multifamily structures and which solid waste facilities received it;

11. Log of service complaints;

12. Location of areas not receiving curbside recyclables collection due to inaccessibility as permitted in BIMC 13.28.040.C.1;

13. A map indicating the areas served and the collection days for each program.

C. Annual service reports shall be due within 30 days after the end of the calendar year. In addition to the year-end summary of the monthly reporting information, the annual report shall include a summary of program highlights, problems and measures taken to resolve problems and increase efficiency and participation, an analysis of the program’s effectiveness, and an annual tonnage forecast which estimates the total amount of solid waste tonnage for the coming year.

D. The certificated hauler shall meet with a representative of the city at least once per month, beginning in November 1991. Additional or fewer meetings shall be at the discretion of the city. (Ord. 91-29 § 1, 1991)

13.28.180 Full program implementation.

A. The city manager shall notify the WUTC that the city will exercise its authority to establish service levels for the collection of source-separated recyclables from city residences as specified in this chapter. The program shall be considered fully implemented when the following conditions are met:

1. The certificated hauler has received approval by the WUTC for its tariff filings for recyclables; and

2. The services are available to all who want service. Customers must be able to receive containers within 21 days of a request and receive their first collection within 35 days of a request. (Ord. 2009-21 § 40, 2009: Ord. 91-29 § 1, 1991)

13.28.200 Single-use plastic and recyclable paper carryout bags.

A. No retail establishment in the city shall provide a single-use plastic carryout bag to any customer.

B. No retail establishment shall provide a paper carryout bag with a manufacturer’s stated capacity of one-eighth barrel (882 cubic inches) or larger that is not a recyclable paper bag, and retail establishments shall collect a pass-through charge of not less than $0.05 for each recyclable paper carryout bag provided to customers. It shall be a violation of this section for any retail establishment to pay or otherwise reimburse a customer for any portion of the pass-through charge; provided, that retail establishments may not collect a pass-through charge from anyone with a voucher or electronic benefits card issued under the Women, Infants and Children (WIC) or Temporary Assistance to Needy Families (TANF) support programs, or the federal Supplemental Nutrition Assistance Program (SNAP, also known as Basic Food), or the Washington State Food Assistance Program (FAP).

C. All retail establishments shall indicate on the customer transaction receipt the number of recyclable paper carryout bags provided and the total amount of the pass-through charge.

D. All retail establishments shall comply with the requirements of this section by November 1, 2012.

E. For purposes of this section, the following definitions apply:

1. “Carryout bag” means a bag that is provided by a retail establishment at the check stand, cash register, point of sale or other point of departure to a customer for the purpose of transporting food or merchandise out of the establishment. Carryout bags do not include: (a) bags used by customers inside stores to package bulk items such as fruit, vegetables, nuts, grains, candy, greeting cards, or small hardware items, such as nails and bolts, or to contain or wrap frozen foods, meat or fish, whether prepackaged or not, or to contain or wrap flowers or potted plants, or other items where dampness may be a problem, or to contain unwrapped prepared foods or bakery goods, or to contain prescription drugs, or to safeguard public health and safety during the transportation of prepared take-out foods and prepared liquids intended for consumption away from the retail establishment; or (b) newspaper bags, door-hanger bags, laundry-dry cleaning bags, or bags sold in packages containing multiple bags intended for use as garbage, pet waste, or yard waste bags.

2. “Pass-through charge” means a charge to be collected by retailers from their customers when providing recyclable paper bags, and retained by retailers to offset the cost of bags and other costs related to the pass-through charge.

3. “Recyclable paper bag” means a carryout bag that has a manufacturer’s stated capacity of one-eighth barrel (882 cubic inches) or larger and meets the following requirements: (a) contains a minimum of 40 percent post-consumer recycled materials, and (b) displays the minimum percent of post-consumer content on the outside of the bag.

4. “Retail establishment” means any person, corporation, partnership, business venture, public sports or entertainment facilities, government agency, street vendor or vendor at public events or festivals or organizations that sell or provide merchandise, goods or materials including, without limitation, clothing, food, beverages, household goods, or personal items of any kind directly to a customer. Examples include but are not limited to department stores, clothing stores, jewelry stores, grocery stores, pharmacies, home improvement stores, liquor stores, convenience stores, gas stations, restaurants, food vending trucks, farmers markets and temporary vendors of food and merchandise at street fairs and festivals. Food banks and other food assistance programs are not considered to be retail establishments for the purposes of this section.

5. “Single-use plastic carryout bag” means any carryout bag made from plastic or any material marketed or labeled as “biodegradable” or “compostable” that is neither intended nor suitable for continuous reuse as a carryout bag or that is less than 2.25 mils thick.

F. The violation of or failure to comply with this section is designated as a Class 1 civil infraction and shall be processed as contemplated by RCW 7.80.120. (Ord. 2012-06 § 1, 2012)