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Chapter 8.08
SOLID WASTE COLLECTIONSections:
8.08.010 Creation.
8.08.020 Administration and enforcement authority.
8.08.030 Service compulsory—Compliance—Cleanup.
8.08.040 Definitions.
8.08.050 Collection service.
8.08.060 Container use.
8.08.070 Container requirements.
8.08.080 Garbage—Draining and wrapping.
8.08.090 Dead animals.
8.08.100 Sanitation service—Billings, delinquencies, penalties and liens.
8.08.110 Service charges—Residential.
8.08.120 Service charges—Multifamily and commercial.
8.08.125 Recycling service charges—Single-family residential and individual duplex.
8.08.130 Service charges—Additional pickup.
8.08.140 Violation—Penalty.
8.08.010 Creation.
For the purposes of carrying out the provisions of this chapter, there is created and established a solid waste utility for the city of Shelton. The city commission is authorized to make funds available by appropriation, borrowing, or by other means in accordance with laws of the state, for the establishment, maintenance and operation of the solid waste utility. (Ord. 1334-1291 § 1, 1991)
8.08.020 Administration and enforcement authority.
The regulation of the disposal and hauling of garbage and rubbish in the city shall be under the supervision of the city administrator; provided, however, that the city administrator may delegate the duty of enforcing the provisions of this chapter to the director of public works who shall prepare reasonable regulations concerning the days of collection of refuse, location of waste containers, and any other regulation pertaining to the collection and disposal of waste as he may deem advisable, subject to the approval of the city administrator, and provided that such regulations are not contrary to this chapter. (Ord. 1334-1291 § 2, 1991)
8.08.030 Service compulsory—Compliance—Cleanup.
A. Compulsory. It is compulsory for every person in possession, charge or control of any structure within the city to take a collection service provided by the city for refuse. It is compulsory for every person in possession, charge or control of any single-family residence and individual duplex to take recycling services provided by the city for recycling materials. Failure to receive such service shall not exempt any party from the payment of the regular charges established for that service. The city may, when unusual or extraordinary circumstances prevail, grant an exemption from compliance with this section.
B. Compliance. It is unlawful for any person to burn, dump, collect, remove or in any manner dispose of garbage, rubbish, trash, offal and any other waste upon or over any of the streets, alleys, public places or private property within the city except as may be directed by the city on special occasions and/or otherwise than as is provided for in this chapter.
C. Cleanup. It is unlawful for any person in possession, charge or control of any property from which refuse is collected by the city, who has knowledge that refuse from their property which has been deposited by the elements, animals or other causes, upon public property or private property, to allow such refuse to remain for more than twenty-four hours. The health officer shall have the authority to enforce the provisions set forth in this chapter as they pertain to public health or sanitation in conjunction with any other city personnel. (Ord. 1397-694 § 1, 1994: Ord. 1390-294 § 1, 1994: Ord. 1334-1291 § 3, 1991)
8.08.040 Definitions.
Generally. Words used in the present tense shall include the future tense; the singular shall include the plural and the plural shall include the singular; and the masculine shall include the feminine gender.
“Ashes” means the solid waste products produced after the combustion of coal, wood and other fuels, and other combustible materials.
“City” means the city of Shelton.
“City administrator” means the city administrator of the city of Shelton.
“City commission” means the city commission of the city of Shelton.
“Commercial dwelling” means a building or group of buildings designed, intended for or used for any purpose other than single or multiple dwellings, and shall include office buildings. Any building or group of buildings where combined residence and business is practiced, where such business is advertised by a sign of any type on the premises and/or is listed in the telephone directory as a business except those businesses conducted in an approved home occupation or otherwise exempted by the city, shall be classified as a commercial dwelling.
“Community action” means the community action council of Mason and Thurston Counties, Washington State.
“Container” means a receptacle which is the type approved by the city and furnished by the city for use with its mechanical refuse collection system and recycling program. The three types of containers are roll-out, stationary containers and recycling bins. Roll-outs are ninety gallons or less in capacity and have wheels for ease in moving the containers. Stationary containers are three hundred gallons in capacity. Recycling bins are those containers approved and provided for specific recyclable materials.
“Curb-side” means the placing of containers on or near public right-of-way that allows for pickup from said public right-of-way.
“Dead animals” means all animals, large or small, which may die or be killed for other than food purposes.
“Director” means the director of public works for the city of Shelton.
“Garbage” means all putrescible wastes, vegetable and animal wastes resulting from handling, preparation, cooking and consumption of food in a private or public dwelling house, multiple dwelling, hotel, restaurant, building or institution.
“Health officer” means the city or county health officer or other authorized representatives as defined by state law.
“Individual duplex” means a duplex, which is not part of a group of buildings under common ownership, and which has a separate legal description.
“Multiple dwelling” means a building or group of buildings, except those defined as individual duplexes herein, designed as, or intended for, or used as two or more dwellings, such as apartments, rooming houses, multiple houses or courts and tenant houses; provided such buildings or group of buildings are under common ownership; and provided further, that such group of buildings by nature of construction or reference infer multiplex dwelling, except tourist courts, motels, hotels and trailer courts, or other establishments catering to transient residents; and provided that, for the purpose of this chapter, three rooms shall be equal to one apartment and any number of rooms shall be billed to the nearest multiple of three.
“Offal” means waste animal matter from butcher, slaughterer or packing houses.
“Person” means every person, firm, partnership, association, institution and corporation. The term also means the occupant or owner of the premises for which service is rendered pursuant to this chapter.
“Recycling” means to collect, process and market individual materials from the waste stream to be manufactured into new products, such as paper, glass, metals, etc.
“Recycling service charge” means the charge imposed by the city commission for recycling services performed by the solid waste utility or its authorized representatives.
“Refuse” means garbage, rubbish, trash and offal, as defined in this section, placed and stored together in a standard refuse container.
“Rubbish” means all cardboard, plastic, metal, glass, food containers, wastepaper, rags, sweepings, small pieces of wood, excelsior, rubber, leather and similar waste materials that ordinarily accumulate around a home, business or industry including lawn cuttings. It does not include bulk waste, tree and hedge trimmings, dead animals, dangerous waters, hazardous materials, industrial waste or building waste resulting from construction or alterations.
“Sanitation service charge” means a charge imposed by the city commission for the services performed by the solid waste utility or its authorized representatives.
“Single-family unit” means a building designed as, or intended for, or used as a residence for a single family or a group of persons other than a single family, using the building as a single housekeeping unit.
“Trash” means all waste matter not subject to decay or putrefaction which, for the purpose of this chapter, includes ashes.
“Waste” means all discarded materials and/or substances. (Ord. 1397-694 § 2, 1994; Ord. 1390-294 § 2, 1994; Ord. 1334-1291 § 4, 1991)
8.08.050 Collection service.
A. It is unlawful for anyone except the city to collect solid waste within the city for compensation without the approval of the city.
B. Every person desiring to engage in the collection of solid waste for compensation within the city who is not acting as an agent for the city shall make written application to the city. The city shall prepare reasonable rules and regulations for the licensing, control and approval of any application, including fees to cover the cost of administrating, controlling and overseeing any collector. Approval shall not be granted in any case where such collection will adversely affect the city. (Ord. 1334-1291 § 5, 1991)
8.08.060 Container use.
No person shall place any garbage, rubbish, refuse or recycling materials in any city-owned container other than the container which was assigned by the city to such person and as directed by the city. (Ord. 1390-294 § 3, 1994; Ord. 1334-1291 § 6, 1991)
8.08.070 Container requirements.
A. It is the duty of every person in possession, charge or control of any structure within the city where waste is created or accumulated, at all times to use city-owned containers, or other containers as approved by the city, in accordance with this chapter, and to deposit or cause to be deposited refuse therein. If such a person is furnished a roll-out and/or recycling container then such person shall be responsible for maintaining the container in a clean condition.
B. Location. No container shall be kept or stored within the confines of any street or public alley in the city, except as otherwise allowed by the city. Containers placed on private property which have been approved for pickup by the city shall be placed in an preapproved, readily accessible location.
C. Curb-Side. Containers that are to be picked up at the curb-sides shall, on the day of collection, be placed in a timely manner with the lid opening so that it is toward the collection vehicle when it is dumped and in an accessible location to the traveled roadway. Any container which is placed out for curb-side pickup shall be removed, by the person in possession, charge or control of said container, from public right-of-way within twenty-four hours after collection unless otherwise allowed by the city.
D. No enclosure or other structure may be placed around any city-owned container in its accessible location for pickup without the review and approval of the city.
E. Special Containers. Suitable containers, such as compactor units and drop boxes, may, with the permission of the city, be used by establishments which dispose of refuse in such quantity that containers, as defined in this chapter, would be impractical or inefficient. These containers shall be kept in good condition with close-fitting lids and watertight construction. The city, after proper notification to the person in possession, charge or control of said container, may require the replacement or repair of any container which deteriorates to an unsatisfactory condition. Disposal of refuse from these containers shall be as authorized by the city.
F. Prohibited Materials. The rules and regulations authorized by this chapter shall provide for the materials that can and cannot be placed in any city-owned container. The city may decline to pick up any container which has unauthorized materials placed in it.
G. The chapter for service shall not be waived for violation of any of the rules and regulations imposed or authorized by this chapter, where collection is denied by the city.
H. Container Damage and Replacement. If any container owned by the city is damaged or lost through the abuse or neglect of any person in possession, charge or control of said container, the person in possession, charge or control of said container, shall be held responsible for the cost of repair or replacement of the container. (Ord. 1390-294 § 4, 1994: Ord. 1334-1291 § 7, 1991)
8.08.080 Garbage—Draining and wrapping.
All garbage shall be drained of liquids and wrapped in paper or other material before being placed in the container. The city may decline to collect undrained garbage which is in a liquid state, unwrapped or improperly placed. (Ord. 1334-1291 § 8, 1991)
8.08.090 Dead animals.
Dead animals on public property or right-of-way shall be collected and removed by the solid waste utility. Dead animals shall not be placed in any city-owned container unless approved by the city. Any animal or any part of an animal from slaughterhouses or similar places, regardless of size, shall be regarded as industrial refuse and shall not be collected by the city. (Ord. 1334-1291 § 9, 1991)
8.08.100 Sanitation service—Billings, delinquencies, penalties and liens.
Sanitation service charges shall be billed, delinquencies and penalties charged, and liens placed as provided for in Chapter 3.02 of the Shelton Municipal Code. (Ord. 1334-1291 § 10, 1991)
8.08.110 Service charges—Residential.
The sanitation service charge for single-family residential and individual duplex service shall be as according to Table 8.08.110.
Eligible low income senior citizens and disabled persons who have a thirty-five-, sixty- or ninety-gallon container or equivalent service shall receive a discount of seventeen percent of the monthly single-family residential sanitation service charge. The city shall establish the eligibility requirements, which must be met in order to receive any discount.
Table 8.08.110
MONTHLY SANITATION SERVICE CHARGE FOR RESIDENTIAL AND INDIVIDUAL DUPLEX SERVICE
Residential customers requiring service of more than sixty or ninety gallons per week, respectively, will be charged the applicable rates multiplied by the number of containers. Residential and individual service rates are as follows:
Gallons
Pickup
2006
2007
2008
35
Biweekly
–
$5.87
$5.87
60
Biweekly
$10.06
$10.06
$10.06
60
Weekly
$16.83
$16.83
$16.83
90
Biweekly
$15.08
$15.08
$15.08
90
Weekly
$25.24
$25.24
$25.24
(Ord. 1703-0607 § 1, 2007: Ord. 1584-0303 § 1, 2003: Ord. 1543-1200 § 1 (part), 2000; Ord. 1537-0700 § 2 (part), 2000: Ord. 1522-1099 § 1 (part), 1999: Ord. 1414-1294 § 1 (part), 1994: Ord. 1397-694 § 3, 1994: Ord. 1390-294 § 5, 1994; Ord. 1374-493 § 1, 1993: Ord. 1362-1292 § 1 (part), 1992: Ord. 1334-1291 § 11 (part), 1991)
8.08.120 Service charges—Multifamily and commercial.
The sanitation service charge for multifamily and commercial service shall be according to Table 8.08.120.
Table 8.08.120
MONTHLY SANITATION SERVICE CHARGE FOR MULTIFAMILY AND COMMERCIAL PICKUP
Based on Volume Per Week
Multifamily and commercial customers requiring service of more than one sixty-, ninety-, or three-hundred-gallon container per week will be charged the applicable rate multiplied by the number of containers and pickups per week. No combinations of sixty-, ninety-, or three-hundred-gallon containers will be allowed except those pre-dating this restriction. Multifamily and commercial rates for the years 2003 through 2005 are as follows:
Gallons
2003
2004
2005
60
$15.27
$16.03
$16.83
90
$22.89
$24.04
$25.24
300
$75.74
$76.88
$78.01
(Ord. 1584-0303 § 2, 2003: Ord. 1543-1200 § 1 (part), 2000; Ord. 1537-0700 § 2 (part), 2000: Ord. 1522-1099 § 1 (part), 1999: Ord. 14-1294 § 1 (part), 1994: Ord. 1390-294 § 7, 1994: Ord. 1374-493 § 2, 1993: Ord. 1362-1292 § 1 (part), 1992: Ord. 1334-1291 § 11 (part), 1991)
8.08.125 Recycling service charges—Single-family residential and individual duplex.
The monthly recycling service charge shall be four dollars per month for single-family residential and four dollars per month per unit for individual duplex. Recycling pickup shall be limited to one set of recycling containers per single-family residence and one set of recycling containers per unit within an individual duplex. Pickup shall be bi-weekly, on a day designated by the city. (Ord. 1397-694 § 4, 1994: Ord. 1390-294 § 8, 1994)
8.08.130 Service charges—Additional pickup.
A. The rate for returning to collect a container where the customer has not placed the container in the appropriate place for collection, or where the container was blocked by a parked vehicle or some other obstruction and where the customer has been advised of the problem at least once by the city, shall be as follows in each of the following years:
Container Size
2006
2007
2008
35
–
$9.15
$9.15
60
$11.25
$11.25
$11.25
90
$13.50
$13.50
$13.50
300
$14.20
$14.20
$14.20
B. The rate to collect a container where the customer requests an additional pickup shall be as follows in each of the following years for each return occurrence:
Container Size
2006
2007
2008
35
–
$7.50
$7.50
60
$9.00
$9.00
$9.00
90
$10.69
$10.69
$10.69
300
$22.50
$22.50
$22.50
C. The pickup charge referenced in subsection B of this section will also apply to all cans that have been over-filled, have visible garbage outside or around the can, above the top of the can, and cans for which the lid does not close completely.
D. When a customer requests additional containers in conjunction with an additional pickup, there shall be a charge of ten dollars and ninety-two cents in 2003, eleven dollars and eight cents in 2004, and eleven dollars and twenty-five cents in 2005 for the delivery and pickup of each container, in addition to the additional pickup fee as specified in subsection B of this section. The additional pickup fee shall be charged for each pickup of the additional container.
E. When a solid waste employee is required to get out of the solid waste collection truck to pick up garbage on or outside of a customer’s container, or to pick up garbage off the ground that has spilled due to the can being over-filled, a separate charge of four dollars and fifty cents shall be levied. This charge will also apply when customer requests assistance in unlocking gates, unlocking cans or moving cans to a location where they can be dumped. If a customer needs assistance moving their can due to illness or disability, they can request a waiver of the charge by contacting customer service. (Ord. 1703-0607 § 2, 2007; Ord. 1644-0705 § 3, 2005: Ord. 1643-0605 § 3, 2005: Ord. 1584-0303 § 3, 2003: Ord. 1416-1294 § 1, 1994: Ord. 1390-294 § 9, 1994: Ord. 1334-1291 § 11 (part), 1991)
8.08.140 Violation—Penalty.
Any person, partnership, association, firm or corporation who wilfully violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of this chapter or its provisions shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not in excess of one thousand dollars or by imprisonment in the jail for a period not to exceed ninety days or by both such fine and imprisonment. Each day that a violation exists shall constitute a separate offense. (Ord. 1334-1291 § 12, 1991)
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