Chapter 8.05
SOLID WASTE COLLECTION
Sections:
Article I. King County Comprehensive Solid Waste Management Plan
8.05.020 County powers limited.
8.05.040 Administrative procedures.
Article II. Refuse Collection
8.05.050 Incineration of garbage.
8.05.070 License – Application and fees.
8.05.080 Equipment – Containment of refuse.
8.05.090 Use of approved equipment.
8.05.100 License – Revocation.
8.05.110 Police power reserved.
8.05.120 Observance of regulations and tariffs.
8.05.130 Abatement of refuse accumulation.
Article I. King County Comprehensive Solid Waste Management Plan
8.05.010 Adopted.
The town of Beaux Arts Village hereby adopts the draft King County comprehensive solid waste management plan with addenda as recommended by the solid waste interlocal forum through Resolution 89-005 (hereinafter “plan”). The plan as adopted herein is further designated for the exercise of substantive authority under the State Environmental Policy Act rules pursuant to RCW 43.21C.060. [Ord. 222 § 1, 1990]
8.05.020 County powers limited.
Pursuant to RCW 70.95.160, the town of Beaux Arts Village hereby determines that King County shall not exercise any powers regarding the levels and types of service for any aspect of solid waste handling in the town of Beaux Arts Village. King County regulations and ordinances regarding levels and types of service for any aspect of solid waste handling shall not apply within the corporate limits of the town as may be now or hereafter determined by the town. [Ord. 222 § 2, 1990]
8.05.030 Rate determinations.
The town shall determine solid waste and recycling collection rates, if any, by ordinance or resolution and not as set forth in the plan. [Ord. 222 § 3, 1990]
8.05.040 Administrative procedures.
The mayor or his designee is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this article. [Ord. 222 § 4, 1990]
Article II. Refuse Collection
8.05.050 Incineration of garbage.
(1) As used in this section, “garbage” shall mean:
(a) Any food or food product, or ingredient thereof, originally acquired or intended for, or fit for, human or animal consumption, regardless of the degree of decomposition which may have occurred prior to incineration;
(b) Any animal substance or matter, including fowl and marine life;
(c) The protective covering or skin of any of the things described in subsections (1)(a) or (b) of this section;
(d) Any substance having in or on it any amount of the things described in subsections (1)(a), (b) or (c) of this section, or any other substance producing nauseous odors when incinerated.
(2) No person shall burn or incinerate any garbage, as hereinbefore defined, within the limits of the town of Beaux Arts Village.
(3) Any person who violates or fails to comply with any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine in a sum of not exceeding $300.00, or by imprisonment in the County Jail not exceeding 30 days, or by both such fine and imprisonment. [Ord. 36 §§ 1, 2, 3, 1964]
8.05.060 License – Required.
No person, association or corporation shall engage in the regularly scheduled business of hauling or transporting garbage, refuse, rubbish, cans or discarded bottles within the town of Beaux Arts Village or in gathering the same within said town for disposal at some point or area outside of the town without obtaining a license therefor. No license shall be required for garbage, etc., which is hauled or gathered under the supervision of the town engineer. [Ord. 140 § 1, 1979]
8.05.070 License – Application and fees.
License fees for the calendar year December 1st through November 30th shall be equal to the total of $1.00 for each of the average number of single-family residences served by license during the last calendar quarter of the last preceding year, within the town, or such other payment as is satisfactory to the town council. Such sums shall be payable in equal quarterly installments on or before the first day of December, March, June and September of the year to which such fee is applicable. [Ord. 140 § 2, 1979]
8.05.080 Equipment – Containment of refuse.
An application for a license shall describe the type of trucks and equipment to be used by the licensee and, before issuing such license, the town engineer shall investigate the trucks and equipment proposed to be used, and such town engineer shall not approve the same for use under said license unless he shall find that the use thereof will adequately contain all garbage, refuse, etc., during such hauling, and the responsible use thereof will protect the health and welfare of the inhabitants of the town and will not lead to the loss or distribution of garbage or refuse, etc., within such town. [Ord. 140 § 3, 1979]
8.05.090 Use of approved equipment.
No licensee shall use, to collect or haul garbage, any trucks or equipment not so approved by the town engineer for regular use within the town or for temporary use in cases of emergency without special permission therefor being granted by said town engineer. [Ord. 140 § 4, 1979]
8.05.100 License – Revocation.
Such license may be cancelled or revoked by order of the town engineer upon the willful or repeated violation of town ordinances or health regulations by the licensee after a hearing before the town engineer in which charges of such violation are sustained. [Ord. 140 § 5, 1979]
8.05.110 Police power reserved.
The town council shall have the authority to make and require enforcement of reasonable rules and regulations to modify and change the same from time to time, regulating the manner of collecting, removing and hauling garbage, etc., within the town of Beaux Arts for the purpose of safeguarding the health, safety, and welfare of the inhabitants and the visitors of such town. [Ord. 140 § 6, 1979]
8.05.120 Observance of regulations and tariffs.
Such licensee shall observe all regulations of the town of Beaux Arts Village, together with all state laws relative to public health, and shall observe and conform to any tariff schedules which may be set or approved by the Washington Public Service Commission for nearby unincorporated areas adjacent to the town of Beaux Arts Village or tariff schedules adopted by the town council of the town of Beaux Arts Village not inconsistent with the schedules and regulations set or approved by the Washington Public Service Commission. [Ord. 140 § 7, 1979]
8.05.130 Abatement of refuse accumulation.
In the event that any owner or occupant of property in the town of Beaux Arts Village fails to comply with town regulations regarding the accumulation of refuse, garbage, rubbish or the like, the town engineer may direct any licensee under this act to remove such refuse, etc., and to render a statement of the charges therefor, determined in accordance with then approved schedule of fees, to such owner or occupant, and such licensee may thereafter file with the town clerk and the auditor of King County notice of such service and the fees charged therefor in the manner provided for filing notice of labor and material liens, and thereupon such charge shall become a lien upon the property served and such lien may be subject to collection or foreclosure in the manner of foreclosing labor and material liens under the laws of the state of Washington. [Ord. 140 § 8, 1979]
8.05.140 Definitions.
For purposes of this chapter, the following words shall have the meaning hereinafter provided:
(1) “Solid waste,” as used herein, shall mean and include all garbage, rubbish, trash, refuse, debris, scrap, waste materials, and discarded materials of all types whatsoever, except the following:
(a) Hazardous waste;
(b) Recyclable materials; and
(c) Yard waste.
(2) “Yard waste,” as used herein, shall mean and include materials such as sod, grass, weeds, flowers, as well as branches and prunings less than four inches in diameter. It excludes food waste, plastics and synthetic fibers, lumber, any wood or tree limbs over four inches in diameter or five feet in length and soil contaminated with hazardous waste. [Ord. 223 § 1, 1990; Ord. 140 § 13, 1979]
8.05.150 Yard waste.
The deposit of yard waste in solid waste containers or recycling containers for collection by licensed collection service is prohibited. No solid waste nor recyclable materials that are mixed with yard waste will be collected by licensed collection service. Yard waste will only be collected by collection service if the yard waste is separated and contained in approved containers or bundled in an approved manner and the resident is participating in the town’s yard waste collection program. [Ord. 223 § 1, 1990; Ord. 140 § 14, 1979]
8.05.160 Mayor’s powers.
The mayor or his designee is authorized and directed to take all action necessary to implement the provisions of this chapter, including the amendment of any solid waste, recycling or yard waste agreement necessary to achieve the purposes of this chapter and to modify or establish new rules for the collection of solid waste, recyclable materials or yard waste. [Ord. 223 § 1, 1990; Ord. 140 § 15, 1979]
8.05.170 Violation – Penalty.
Violation of any of the provisions of this chapter shall constitute a civil infraction punishable by a penalty not to exceed $100.00. [Ord. 223 § 2, 1990; Ord. 140 § 10, 1979]