Chapter 13.10 SOLID WASTE

The provisions of this section are adopted for the safety, health and general welfare of the public. There is hereby established a uniform system for the collection and disposal of solid waste, including garbage, recyclables and yard debris. Such collection and disposal shall be provided by a solid waste service provider under written agreement with the City. All persons responsible for solid waste payment, as hereafter set forth, including commercial businesses, shall be entitled and required to utilize the services of the City service provider, using such schedule and routes as shall be filed with the City Clerk by the contractor or contractors. Garbage collection service is mandatory for all single-family residential, multifamily or commercial customers eligible or entitled to service, and the charges/fees referred to in the current service provider agreement shall be applied whether or not the service is utilized. (Ord. 2274 § 1, 2001).

13.10.020 Definitions.

The following definitions apply to this article:

A. “City” means the City of Mountlake Terrace, located in Snohomish County, Washington.

B. “Commercial customer” means nonresidential customers, including businesses, institutions, governmental agencies and all other users of commercial-type garbage or recyclables collection services.

C. “Curbside” means on the homeowners’ property, within five feet of the public street without blocking sidewalks, driveways or on-street parking. If extraordinary circumstances preclude such a location, curbside shall be considered a placement suitable to the resident, convenient to the service provider’s equipment, and mutually agreed to by the City and City-contracted service provider.

D. “Detachable container” means a watertight metal or plastic container equipped with a tight fitting cover, capable of being mechanically unloaded into a collection vehicle, and that is not less than one cubic yard nor greater than eight cubic yards in capacity.

E. “Drop-box container” means an all metal container with 10-cubic yard or more capacity that is loaded onto a specialized collection vehicle, transported to a disposal or recycling site, emptied and transported back to the customer’s site.

F. “Garbage” means all putrescible and nonputrescible solid and semi-solid wastes, including, but not limited to, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, and discarded commodities that are placed by customers in appropriate bins, bags, cans or other receptacles for collection and disposal by the City-contracted service provider. The term “garbage” shall not include recyclables and yard debris.

G. “Garbage can” means an approved container that is a watertight galvanized sheet metal or plastic container not exceeding four cubic feet or 32 gallons in capacity; weighing not over 15 pounds when empty or 50 pounds when full; fitted with two sturdy handles, on each side; and fitted with a tight cover equipped with a handle. All containers shall be rodent and insect proof and kept in sanitary condition at all times.

H. “Mini-can” means a container that is a watertight galvanized sheet metal or plastic container not exceeding 20 gallons in capacity or 30 pounds in weight when full; fitted with two sturdy handles, on each side; and fitted with a tight cover equipped with a handle. All containers shall be rodent and insect proof and kept in sanitary condition at all times.

I. “Multifamily residence” means a multiple-unit residence with three or more attached units served by a common solid waste storage system provided at the expense of the property owner.

J. “Person” means a person, firm, partnership, association, institution or corporation in the City. The term shall also mean the occupant and/or the owner of the premises for which service herein mentioned is rendered or eligible or entitled to be served.

K. “Private drive” means a privately owned or maintained way serving fewer than four residences; or serving less than one residence for every 100 yards in distance.

L. “Private road” means a privately owned and maintained way that allows for access by a service truck and that serves four or more residences.

M. “Public street” means a public way used for public travel, including public alleys.

N. “Recyclables” means certain reclaimable materials that are separated from garbage by the generator for recycling or reuse, including, but not limited to, paper fibers, metals, glass, plastics, organics and other materials.

O. “Recycling bin” or “recycling bins” means a service provider- or City-provided container suitable for household collection, storage and curbside placement of residential recyclables.

P. “Recycling container” or “recycling containers” means a service provider- or City-provided container suitable for on-site collection, storage and placement of recyclables at multifamily residence and commercial customer locations.

Q. “Residence” and “residential” mean living space(s) individually rented, leased or owned.

R. “Service provider(s)” means that entity(ies) holding a valid contract(s) with the City to collect and dispose of solid waste.

S. “Single-family residence” means all one unit houses, duplexes and mobile homes with individual collection located on a public street or private road. Residences located in an area that does not allow safe access, turn-around, or clearance for service vehicles or on a private drive will be provided service if materials are set out adjacent to a public street or private road.

T. “Snohomish County disposal system” means the areas owned, leased or controlled by the Snohomish County Solid Waste Division, Snohomish County, Washington (per the County Interlocal Agreement defined in MTMC 13.10.260) for the disposal of garbage, or such other site as may be approved by the City.

U. “Solid waste” means garbage, recyclables and yard debris.

V. “Solid Waste Service Administrator” means the official of the City holding the office of Administrative Services Director, or their designated representative.

W. “WUTC” means the Washington Utilities and Transportation Commission.

X. “Yard debris” means leaves, grass and clippings of woody as well as fleshy plants. Non-flocked Christmas trees are acceptable as yard debris if cut up and bundled. Materials larger than four inches in diameter or four feet in length are excluded. Bundles of yard debris shall be secured by degradable string or twine, not nylon or other synthetic material.

Y. “Yard debris cart” means a service provider- or City-provided 90-gallon wheeled cart provided to all single-family residences and to subscribing multifamily and commercial customers for the purpose of containing and collecting yard debris. (Ord. 2274 § 2, 2001).

13.10.030 Garbage.

The collection of, disposal of and billing for garbage generated within the corporate limits of the City shall be accomplished by service providers under written service agreement entered into with the City as authorized therein and pursuant to ordinances of the City. (Ord. 2274 § 3, 2001).

13.10.040 Deposit of garbage, recyclables and yard debris – Use of garbage cans and/or other collection containers.

All persons accumulating garbage in the City shall place and accumulate the same in a garbage can, mini-can, detachable container, drop-box container, or such other collection container that is approved by the City’s garbage service providers. Recyclables may be accumulated in recycling bins or recycling containers, or such other collection container that is approved by the City’s current service providers. Yard debris may be accumulated in yard debris carts, or such other collection container that is approved by the City’s current service providers. (Ord. 2274 § 4, 2001).

13.10.050 Unlawful acts.

It is unlawful to deposit, throw or place any garbage, recyclables or yard debris in any public street or other public place, or to deposit, throw or place any garbage, recyclables or yard debris in any private road, private drive or on any private property regardless of ownership, unless said garbage, recyclables or yard debris is placed in garbage cans and/or other approved collection containers, as described in MTMC 13.10.040, the covers of which shall not be removed except when necessary for the depositing or removing of garbage, recyclables or yard debris; except, that vegetable wastes, ashes, leaves, grass, plant cuttings and other organic debris may be composted on private premises providing the compost site is maintained so as not to create odors, expose raw garbage, allow garbage to become scattered or increase the risk from pests. Nonputrescible garbage, animal wastes, and materials containing animal or vegetable fats may not be composted. (Ord. 2274 § 5, 2001).

13.10.055 Public nuisance.

All persons shall have the duty to ensure that solid waste does not accumulate on or around their property in a manner that causes such solid waste to become a public nuisance both as to the amount of such solid waste or the odor emanating from such solid waste. The provisions of the Mountlake Terrace Public Nuisance Control Ordinance set forth in Chapter 8.15 MTMC shall apply. (Ord. 2274 § 6, 2001).

13.10.060 Hot ashes.

No hot ashes or hot clinkers shall be placed in any garbage can or container for collection or removal. All kitchen, table, cooking, animal and vegetable waste and offal, before being deposited in garbage cans or containers as hereinbefore provided, shall be drained and wrapped in paper or other material in such a manner as to prevent, as nearly as possible, moisture from such garbage from coming in contact with sides or bottoms of the cans or containers. (Ord. 2274 § 7, 2001).

13.10.070 Container weight, compaction and siting for collection.

Garbage cans and other approved containers shall not weigh more than the weight limits set forth in their respective definitions in MTMC 13.10.020. Containers shall be packed in such a way that the contents thereof will dump out readily when the container is inverted. Single-family residential customers shall place all garbage cans, mini-cans, recycling bins, yard debris carts or other approved container at curbside on a public street or private road prior to the time scheduled for collection. (Ord. 2274 § 8, 2001).

13.10.080 Collection of garbage.

All garbage shall be collected by garbage service providers that have entered into current service agreements with the City to collect garbage. Only such garbage service providers that have entered into a current service agreement with the City are authorized to collect garbage from within the incorporated City limits. (Ord. 2274 § 9, 2001).

13.10.090 Collection of residential recyclables.

Repealed by Ord. 2274. (Ord. 2219 § 9, 1999).

13.10.100 Collection of yard waste.

Repealed by Ord. 2274. (Ord. 2219 § 10, 1999).

13.10.110 Disabled service.

Carryout service shall be offered to households lacking the ability to place containers at the curb, at no additional charge by the garbage service providers that have entered into current service agreements with the City. The City’s garbage service providers shall use qualification criteria that is fair and meets the needs of the City’s disabled residents. Residents desiring carryout service must submit an application and documentation to justify their application to the garbage service provider servicing their area. (Ord. 2274 § 12, 2001).

13.10.120 Hazardous waste.

Hazardous wastes as defined in RCW 70.105.010(15), hazardous substances as defined in RCW 70.105.010(14), hazardous household substances as defined in RCW 70.105.010(13), moderate-risk wastes as defined in RCW 70.105.010(17) and those wastes included in the State of Washington Department of Ecology Dangerous Waste Regulations found in Chapter 173-303 WAC shall not be disposed of through the City’s garbage, recyclables or yard debris collection system. Such wastes shall be delivered by the person generating such waste to an appropriate and authorized handler of such wastes for proper disposal. Any person found to have violated this provision shall be subject to both civil penalties and/or criminal prosecution under any and all federal, state or local laws that may apply or may be adopted in the future. (Ord. 2274 § 13, 2001).

13.10.130 Discontinuing service during vacancy.

Whenever any person determines to leave his/her premises vacant for a period of more than one month, and thus shall not need solid waste collection service during said period, he/she may cancel solid waste collection and service fees therefor for said vacated premises by giving written notice at least two weeks prior to the vacancy to the City-contracted service provider. In the written notice to the City-contracted service provider, the person shall state the period of the vacancy, including specific dates that solid waste collection service will not be needed, and the street address of the premises. It shall be unlawful for a person to use this provision to avoid mandatory garbage collection service. (Ord. 2274 § 14, 2001).

13.10.140 Hours of collection.

Repealed by Ord. 2274. (Ord. 2219 § 14, 1999).

13.10.150 Anti-scavenging.

Once recyclables and/or yard debris have been set out on the curbside, or at such other location agreed to by the service provider pursuant to a service agreement with the City, ownership of those recyclables and yard debris materials passes to the service provider under the terms of the current service agreement with the City. It shall be unlawful for any person other than a City-contracted service provider to remove or collect any such recyclables and/or yard debris once they are set out on the curbside or other approved location. However, any person may collect recyclables and yard debris materials delivered to such person at a location where it is legal to accept such material. (Ord. 2274 § 16, 2001).

13.10.160 Prohibition of yard debris from disposal with garbage.

It shall be unlawful to dispose of residential or commercial yard debris by commingling yard debris with the garbage set out at curbside for collection by a service provider under contract with the City. Yard debris carts are provided for residential and commercial recycling of yard debris and ease of curbside set-out for collection by the City-contracted service provider. Yard debris will not be accepted for pickup by a City-contracted service provider if placed in plastic bags at curbside, or if the plastic bags containing yard debris are placed in other approved containers for collection. Plastic bags are considered a contaminant and are non-compostable. Approved containers for yard debris collection include yard debris carts, plastic or galvanized garbage containers no larger than 32 gallons in size, and heavyweight Kraft paper bags. Customer-owned containers shall be labeled with a durable sticker that clearly identifies the container’s contents as yard debris. (Ord. 2274 § 17, 2001).

13.10.165 Suspending collection from problem customers.

Any residential or commercial customer that causes disruptions or conflicts that make continued service to that customer unreasonable or unsafe may be denied service or have their service discontinued at the discretion of the City. Disruptions or conflicts may include, but not be limited to, repeated damage to service provider-owned containers, repeated suspect claims of timely set-out followed by demands for return collection at no charge, repeated claims of service provider damage to a customer’s property or other such problems. Customers that have their service suspended/discontinued shall continue to be charged, and remain liable for, the minimum monthly payment for garbage collection service in their area, and shall be responsible for making arrangements for having their solid waste properly disposed of in a timely fashion.

The customer shall be sent written notification by United States mail to the address of the subject property 20 days prior to service being suspended/discontinued. The notification shall state the determination to suspend/discontinue service to the subject property, and the specific reasons for the suspension/discontinuance. The customer may, within 15 days of mailing of said notification, request in writing a hearing on the determination of suspension/discontinuance. The hearing request shall be mailed or delivered to the City to the attention of the Solid Waste Service Administrator. A hearing shall be set and held within 10 business days of receipt by the City of the hearing request. The decision of the Administrator shall be final. (Ord. 2274 § 18, 2001).

13.10.170 Method of disposal of garbage.

All residential- and commercial customer-generated garbage set out for collection by the City’s garbage service providers or self-hauled shall be properly disposed of through the Snohomish County disposal system. (Ord. 2274 § 19, 2001).

13.10.175 Set out of containers.

All residential- and commercial customer-generated solid waste shall be set out for collection in a service provider- or customer-provided container the night before the established day for collection service, and such containers shall be removed and replaced to their appropriate storage location within a reasonable time following the established day for collection service, except when such established day for collection falls on a designated holiday in which case collection will be conducted on the next succeeding workday, and the containers shall be removed and replaced to their appropriate storage location by the morning following collection. (Ord. 2274 § 20, 2001).

13.10.180 Billing and cash receipting by service provider.

Any service provider that has entered into a service agreement with the City for the collection and disposal of garbage, recyclables and yard debris is hereby authorized to carry out the billing and cash receipting functions related to the collection and disposal services provided for in the service agreement at the rates and fees designated therein for residential (both single-family residential and multifamily residential) and commercial customer garbage, recyclables and yard debris, and such other services as required and/or provided for under the service agreement. (Ord. 2274 § 21, 2001).

13.10.190 Billing rates and service fees.

The billing rates and service fees to be charged residential (both single-family residential and multifamily residential) and commercial customers for garbage, recyclables and yard debris collection and disposal services shall be set by the current service agreement between the service provider and the City. Such billing rates and service fees shall be published as required by Washington State law, and made available to the public upon reasonable request and as required by Washington State law. Changes to such billing rates and service fees may be made as authorized in the current service agreement between the service provider and the City so long as proper public notice is given and the new billing rates and service fees are published as required by Washington State law, and made available to the public upon reasonable request and as required by Washington State law. (Ord. 2274 § 22, 2001).

13.10.200 City solid waste service revenue.

Repealed by Ord. 2274. (Ord. 2219 § 20, 1999).

13.10.210 Solid Waste Service Board.

Repealed by Ord. 2274. (Ord. 2219 § 21, 1999).

13.10.215 Solid Waste Service Administrator.

A. The Solid Waste Service Administrator shall perform all the City functions associated with managing the financial and administrative responsibility for paying Garbage billings of qualified low income City residents from the general fund or other funds designated by the City Council.

B. The Solid Waste Service Administrator shall determine the application form and procedures. Income guidelines shall be based on 140 percent of the United States Department of Health and Human Services Poverty Guidelines. The unique difficulties of individual customers that justify the use of funds paid into the designated account shall also be considered and recognized. The Solid Waste Service Administrator shall be authorized to make exceptions for customers whose income exceeds the income guidelines but, due to circumstances beyond the control of the customer, such as illness or temporary unemployment, are in need of assistance. Guidelines shall be updated annually.

C. The Solid Waste Service Administrator shall be responsible for considering applications for certification submitted for up to one-can-per-week service per qualified household. Can size shall be determined by household size. A qualified household with up to four members shall be entitled to use of a 20-gallon mini-can. A qualified household with five or more members shall be entitled to the use of a 32-gallon garbage can. Any garbage service, such as larger or additional cans or pick up of extra garbage, shall be the responsibility of the customer.

D. The Solid Waste Service Administrator shall annually re-evaluate qualified low income City residents. (Ord. 2274 § 25, 2001).

13.10.220 Garbage containerization.

All residential garbage shall be placed in a service provider- or customer-provided garbage can, mini-can or wheeled cart. In all cases, customers will be directed to have at least one rigid container as their primary garbage container. Plastic bags may be used for overflow volumes of garbage, but not as a customer’s primary container, and may be subject to an additional service charge or fee. All containers shall be packed so that the contents of the container will dump out rapidly when the container is inverted. Containers shall be located behind the front building line except on the day of scheduled pickup, or when screened from view from the street and behind the setback line of MTMC Title 19, Zoning.

All multifamily and commercial customer garbage shall be placed in a service provider- or customer-provided garbage can, mini-can, wheeled cart, detachable container or drop-box container. Garbage cans, mini-cans, wheeled carts and detachable containers shall be packed so that the contents of the container will dump out rapidly when the container is inverted. All containers shall be located in conformance with the requirements set forth in MTMC Title 19, Zoning. (Ord. 2274 § 26, 2001).

13.10.225 Annexation.

The City shall notify the WUTC of any annexation of territory as part of the finalization of the annexation process, and shall give notice that the City plans to exercise its rights under Washington State law to cancel any franchise or permit granted in the annexed territory for the collection of garbage. The City shall exercise its authority to enter into an agreement with the holder of any such franchise or permit as required by Washington State law. (Ord. 2274 § 27, 2001).

13.10.230 Collection of debt.

Garbage service providers that have entered into a service agreement with the City for the collection of garbage, recyclables and/or yard debris shall be authorized to take such legal actions as they deem necessary to collect debt owed by residential and/or commercial customers pursuant to services provided in accordance with the service agreement. (Ord. 2274 § 28, 2001).

13.10.240 Billing, payment and delinquency.

Repealed by Ord. 2274. (Ord. 2219 § 24, 1999).

13.10.250 Violations – Penalty.

In addition to all civil rights of collection, liens and other remedies available to the City as prescribed by Washington statute and ordinance for unlawful acts prescribed by this article, any person who violates any provision of this article shall be guilty of a misdemeanor and subject to penalties of up to $1,000 and/or 90 days in jail. (Ord. 2274 § 30, 2001).

Article II. Solid Waste Management Plan (Snohomish County)

13.10.260 Definitions.

As used in this chapter, the following definitions apply:

A. “City” means the City of Mountlake Terrace, Washington, situated in Snohomish County.

B. “Comprehensive Solid Waste Management Plan” or “Comprehensive Plan” means the Snohomish County Comprehensive Solid Waste Management Plan, including a recycling element, as adopted by Snohomish County Motion No. 90‑052, and as amended from time to time, and incorporated herein by reference.

C. “County” means Snohomish County, Washington.

D. “Interlocal agreement” means the interlocal agreement regarding the Solid Waste Management Plan between the county of Snohomish and the City of Mountlake Terrace.

E. “Person” means an individual, firm, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.

F. “Solid waste” means solid waste as defined by RCW 70.95.030(16) and WAC 173‑304‑100(73) with the exception of wastes excluded by WAC 173‑304‑015.

G. “Solid waste handling” means the management, storage, collection, transportation, treatment, utilization, processing, and final disposal of solid wastes, including the recovery and recycling of materials from solid wastes, the recovery of energy resources from such wastes or the conversion of the energy in such wastes to more useful forms or combinations thereof, and as such term may be modified by amendments to RCW 70.95.030(17).

H. “System” means all facilities for solid waste handling owned or operated, or contracted for, by the county, and all administrative activities related thereto. (Ord. 1873 § 1, 1990).

13.10.270 Snohomish County system designated – Adoption of the Snohomish County Comprehensive Solid Waste Management Plan.

The City does hereby adopt the SCCSWMP. A copy of the Comprehensive Plan is on file with the City Clerk and is incorporated in full by reference.

A. All solid waste generated within the corporate limits of the City of Mountlake Terrace shall be disposed of through the county system as provided for in the Comprehensive Plan except as otherwise provided in subsection D of this section.

B. Snohomish County is authorized to designate disposal sites for the disposal of all Solid Waste which is generated within the City of Mountlake Terrace subject to the applicable laws and regulations of the Snohomish Health District and the City if the disposal site is located within the City.

C. No solid waste may be diverted from the disposal sites designated by Snohomish County without Snohomish County approval or as provided in the Comprehensive Plan.

D. The provisions of this section shall not apply:

1. To the disposal of solid waste through the waste recycling element of the Comprehensive Plan or any waste reduction or recycling plan approved by the county;

2. To the disposal of hazardous wastes or substances where disposal into the county system is prohibited or where other provisions pursuant to state or federal law are made for the handling of such wastes or substances;

3. Where disposal is otherwise provided for under state or federal law. (Ord. 1873 § 2, 1990).

13.10.280 Unlawful disposal of solid waste.

A. It is unlawful for any person to dispose of any solid waste generated in the City of Mountlake Terrace and subject to this chapter unless they comply with the provisions of RCW 70.95.240, RCW 70.95.500 and RCW 70.95.610 which are hereby adopted by reference.

B. Any violation of the provisions of RCW 70.95.240 shall be a misdemeanor, and any person found guilty thereof shall be punished by a fine not to exceed $1,000 or imprisonment in jail not to exceed 90 days, or by both such fine and imprisonment.

C. Any violation of the provisions of RCW 70.95.610 shall be a misdemeanor, punishable by a fine not to exceed $1,000.

D. Any violation of the provisions of RCW 70.95.500 shall be punishable by a civil penalty, which shall be no less than $200.00, nor more than $2,000 for each offense. (Ord. 1873 § 3, 1990).

13.10.290 Interlocal agreement approved.

The City Council of Mountlake Terrace authorizes and directs the Mayor to execute the interlocal agreement on behalf of the City. This authorization is conditioned on similar approval by subscribing cities and towns that represent at least 60 percent of the projected service population and further conditioned on adoption by Snohomish County of the Comprehensive Solid Waste Management Plan. (Ord. 1873 § 4, 1990).