Chapter 7.35
SOLID WASTE DISPOSAL

Sections:

7.35.010    Purpose.

7.35.015    Departmental Rules.

7.35.020    Definitions.

7.35.030    Disposal of solid waste by county.

7.35.040    Operation of solid waste disposal system facilities by county.

7.35.050    Interlocal operations.

7.35.060    Establishment and operation of solid waste disposal sites.

7.35.070    Exempt operations.

7.35.080    Reclamation.

7.35.090    Solid waste disposal site permit - Regulations.

7.35.100    Nonconforming sites and facilities.

7.35.110    Abandoned sites.

7.35.120    Unlawful disposal of solid waste.

7.35.125    Disposal of solid waste.

7.35.130    Unlawful burning of garbage.

7.35.140    Waste containers - requirements.

7.35.150    Public nuisance.

7.35.160    Misdemeanor.

7.35.165    Civil Penalty

7.35.170    Enforcement

7.35.175    Appeals - procedure

7.35.180    Remedies not exclusive

7.35.185    Severability

7.35.010 Purpose.

The purpose of this chapter is to establish a comprehensive county-wide program for solid waste handling and solid waste recovery and/or reclamation which will prevent land, air and water pollution and conserve the natural, economic, and energy resources of the county. To do so requires effective control of the disposal of all non-exempted solid waste generated and collected within the unincorporated areas of Snohomish county at a site or sites consistent with its comprehensive plan.

Snohomish county desires to exercise its right to provide facilities to control the disposal of all solid waste generated and collected within the unincorporated areas of its borders and to permit the incorporated municipalities of the county to use its facilities and to further implement its comprehensive plan by providing for the use of either public or privately owned solid waste facilities.

(Added Ord. 83-151, § 1, Dec. 28, 1983; Amended Ord. 90-019, May 14, 1990).

7.35.015 Departmental Rules.

The director of the department of public works may adopt rules providing for the implementation and enforcement of this chapter.

(Added by Amended Ord. 11-002, Feb. 16, 2011, Eff date March 4, 2011)

7.35.020 Definitions.

(1) "Agricultural wastes" means waste resulting from the production of farm or agricultural products including manures;

(2) "Approval" or "approved" by the county executive or authorized designee means an approval given after all other permitting processes have been completed;

(3) "Ashes" means the residue of burning of combustible materials;

(4) "Authorized designee" means the director of the department of public works of Snohomish County unless by order of the county executive another public official shall be designated to carry out such duties under this chapter;

(5) "Board of health" means the board of health of the Snohomish health district;

(6) "Chapter" shall mean chapter 7.35 SCC and amendments thereto;

(7) "Collecting agent" means any person involved in the collection and disposal of solid waste generated in the unincorporated areas of Snohomish County;

(8) "Composting" means the controlled microbial degradation of organic waste yielding a nuisance-free product;

(9) "Comprehensive Plan" or "Snohomish County Comprehensive Solid Waste Management Plan" means the plan heretofore adopted by Snohomish County by Resolution No. 82-004 adopted January 11, 1982 and approved by the department of ecology and any amendments thereto governing, among other things, the disposal of solid waste in Snohomish County;

(10) "Construction, demolition and land-clearing waste" (CDL wastes) means any recyclable or non-recyclable waste that results from construction, remodeling, repair or demolition of buildings, roads, or other structures, or from land-clearing for development, and that is removed from the site of construction, demolition or land clearing.

(11) "Council" means the county council of Snohomish County;

(12) "Department of ecology" means the Washington state department of ecology;

(13) "Director" means the director of the department of public works of Snohomish County;

(14) "Disposal site" means an approved site or sites where any final treatment, utilization, processing, or deposition of solid waste is permitted and occurs. This includes, but is not limited to, transfer stations and intermodal facilities (included as part of the disposal system of the county), sanitary landfills, incinerators, composting plants, and the location of a facility for the recovery of energy resources from solid wastes or the conversion of the energy in such wastes to more useful forms or combinations thereof;

(15) "Garbage" means and includes all putrescible wastes, except sewage and body wastes, including vegetables, animal offal and carcasses of dead animals, but not including recognized industrial by-products, and shall include all such substances from all public and private establishments and from all residences;

(16) "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;

(17) "Health district" means the Snohomish health district;

(18) "Health officer" means the health officer of the Snohomish health district;

(19) "Incineration" means the controlled combustion of solid waste that yields satisfactory nonputrescible residues and air effluents;

(20) "Incinerator" means a furnace and associated building designed to burn solid wastes under controlled conditions of more than 50-pounds-per-hour capacity;

(21) "Industrial wastes" means waste by-products of manufacturing and/or processing operations;

(22) "Inert waste" means material meeting the criteria for inert waste in WAC 173-350-990.

(23) "Intermodal container" means any fully enclosed or open-top container designed and destined for rail shipment that is closed and sealed with a security identification tag and is not opened during transit or at the intermodal facility.

(24) "Intermodal facility" means any facility at which intermodal containers of waste are transferred from trucks for rail shipment and at which the containers are not opened for further treatment, processing or consolidation of the waste prior to final disposal. Any intermodal facility currently in use by Snohomish County or hereafter created or contracted by it, is part of the Snohomish County solid waste disposal system.

(25) "Nuisance" means unlawfully doing an act, or failing to perform an act which act or omission either unreasonably annoys, or injures, or unreasonably endangers the comfort, repose, health or safety of others or unlawfully interferes with, obstructs or could obstruct any navigable waterway or any publicly travelled place or unreasonably renders other persons, acting in good faith, insecure in their actions or the use of their property;

(26) "Open burning" means the burning of solid wastes in an open area, or pile, or in a barrel or furnace with inadequate controls which yields an unsatisfactory residue and an unsatisfactory air effluent;

(27) "Permit" means a solid waste disposal site permit issued by the Snohomish health district at a site consistent with the comprehensive plan and approved as such by the county executive or authorized designee;

(28) "Person" is an individual, firm, association, co-partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever;

(29) "Processing" means the conversion of solid waste into a useful product or otherwise prepares solid waste for sale and reuse;

(30) "Putrescible material" means any organic material which will decompose and may give rise to foul-smelling, offensive products;

(31) "Reclamation" means the process conducted at a reclamation site which consists of hand and/or mechanical segregation of source separated recyclable solid waste for sale and reuse. Materials which can be removed through reclamation include but are not limited to paper, metal, glass, plastics, aggregates and wood waste processed for feedstock for new products or as hog fuel and used for energy recovery. Reclamation does not include combustion of solid waste, preparation of a fuel from solid waste (other than hog fuel), use of solid waste as alternative daily cover or use of solid waste as an industrial waste stabilizer;

(32) "Reclamation site" means a facility compliant with local, state and federal regulations used for the processing or the storage of reclaimed material. Reclamation sites do not include locations or facilities where wastes are initially generated, such as businesses, construction sites or demolition sites;

(33) "Recyclable materials" means those solid wastes that are separated from other wastes for anaerobic digestion, composting, recycling or reuse, including but not limited to papers, metals, glass, plastics, aggregates, fabrics, yard debris, food waste, manures, wood waste and other materials that are identified as recyclable material in the Snohomish County comprehensive solid waste management plan, and are recycled. Wood waste processed as hog fuel and used for energy recovery shall be considered a recyclable material for purposes of this chapter.

(34) "Recycling" means the transformation or remanufacturing of recyclable waste materials into usable or marketable materials for use other than landfill disposal, alternative daily cover, industrial waste stabilizer or incineration;

(35) "Resource recovery facility" means a facility for the recovery of energy resources from solid wastes or the conversion or processing of solid waste to a more useful form or a combination thereof;

(36) "Sanitary landfill" means a method of disposing of solid waste on land without creating nuisances or hazards to public health or safety, by utilizing the principles of engineering to confine the solid waste to the smallest practical area, to reduce it to the smallest practical volume, and to cover it with a layer of earth at the conclusion of each day’s operation or at such more frequent intervals as may be necessary;

(37) "Solid waste" means all putrescible and non-putrescible wastes, whether in solid or in liquid form, except liquid-carried industrial wastes and sewage, and including garbage, rubbish, ashes, industrial wastes, swill, construction, demolition and land-clearing wastes, abandoned vehicles or parts thereof, discarded home and industrial appliances, manure, digested sludge, vegetable or animal solid and semi-solid wastes, dead animals, and other discarded solid and semi-solid materials;

(38) "Solid waste disposal system facility" means a facility owned and operated by the solid waste division or a facility operated under contract with the solid waste division which performs activities identified as being part of the solid waste disposal system in the Snohomish County comprehensive solid waste management plan, which includes, but is not limited to, county owned and operated transfer stations and neighborhood recycling and disposal centers (drop boxes), and the county’s contracted intermodal facilities.

(39) "Solid waste handling" means the storage, collection, transportation, treatment, utilization, processing, and final disposal of solid waste;

(40) "Source separation" means the segregation of recyclable materials from other solid waste for the purpose of recycling, conducted by or for the generator of the materials on the premises at which they were generated. Source separation does not require that different types of recyclable materials be separated from each other.

(41) "Special wastes" means those solid wastes which require special handling either due to their posing a potential health hazard, or due to their bulky or abrasive nature which could damage transfer equipment, and which are designated as "special wastes" by the authorized designee;

(42) "Transfer station" means a staffed, fixed, supplemental, collection/transportation/disposal facility, used by collection agents, or other persons or route collection vehicles to deposit solid wastes into a larger transfer vehicle for transport to a disposal site. This does not include a detachable container or solid waste drop box. Any transfer station currently in use by Snohomish County or hereafter created by it is part of the Snohomish County solid waste disposal system;

(43) "Wood waste" means 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, or 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.

(Added Ord. 83-151, § 1, Dec. 28, 1983; Amended Ord. 92-055, May 27, 1992; Amended by Amended Ord. 11-002, Feb. 16, 2011, Eff date Mar. 4, 2011).

7.35.030 Disposal of solid waste by county.

The county shall acquire adequate disposal sites and facilities or contract for the disposal of all solid waste generated and collected in Snohomish county and the municipal corporations situated therein, to the extent such other jurisdictions enter into and maintain interlocal agreements with the county for this purpose. Such disposal sites, facilities and contracts shall be consistent with the comprehensive plan, and all federal, state and local requirements, including, but not limited to, comprehensive land use planning, zoning, fire protection, water pollution prevention, air pollution prevention, and the consideration of esthetics. Disposal site acquisition within in the county shall be consistent with, and may be conditioned upon compliance with, all requirements of SCC 7.35.060.

(Added Ord. 83-151, § 1, Dec. 28, 1983; Amended Ord. 90-019, May 14, 1990).

7.35.040 Operation of solid waste disposal system facilities by county.

The Snohomish County department of public works shall be the operating authority for all solid waste disposal system facilities owned or operated by Snohomish County. The director of the department of public works shall prepare operating rules for such solid waste disposal system facilities, which rules shall govern days and hours of operation and acceptable solid waste products. The county reserves the right to provide in said operating rules that certain solid wastes, such as special wastes, wood waste, or wastes based on source, type, or volume, shall not be accepted, or only conditionally accepted, at system facilities owned or operated by the county. These solid waste acceptance rules shall be set forth in the county’s waste acceptance policy. Any revisions to the waste acceptance policy shall take effect ten days following publication of the revised waste acceptance policy in the official county newspaper. The department of public works may designate different disposal sites for different types of wastes, for different types of vehicles, for customers authorized or not authorized by the director for credit billing, and/or for customers who do or do not hold valid utilities and transportation commission certificate permits. In making such designations the department, upon adoption of appropriate standards, may exempt charitable organizations, state subdivisions, or other classes of users which would suffer undue hardship without an exemption. The operating rules for such sites shall be consistent with this chapter and with regulations promulgated by the board of health. Operating rules prepared by the director shall comply with all interlocal agreements entered into by the county. Where practicable, the operating rules shall be prepared in consultation with the solid waste advisory committee and with those cities or towns containing solid waste transfer facilities affected by the operating rules.

(Added Ord. 83-151, § 1, Dec. 28, 1983; Amended Ord. 92-055, May 27, 1992; Amended by Ord. 08-125, Nov. 10, 2008, Eff date Jan. 1, 2009; Amended by Amended Ord. 11-002, Feb. 16, 2011, Eff date Mar. 4, 2011).

7.35.050 Interlocal operations.

Solid waste disposal system facilities owned or operated by the county shall be available to accept solid wastes generated and collected in municipal corporations situated within Snohomish County and solid wastes generated in other counties: PROVIDED, That with the exception of vactor wastes collected from storm water facilities by both private and municipal agencies, the governing bodies of such jurisdictions enter into or maintain interlocal agreements with the county and comply with the conditions contained therein and herein. Nothing in this chapter shall be construed to modify in any way any existing interlocal agreements between Snohomish County and the incorporated municipalities of Snohomish County.

(Added Ord. 83-151, § 1, Dec. 28, 1983; Amended Ord. 96-065 § 1, Sep. 11, 1996, Eff date Sep. 22, 1996; Amended by Amended Ord. 11-002, Feb. 16, 2011, Eff date Mar. 4, 2011).

7.35.060 Establishment and operation of solid waste disposal sites.

No disposal site in Snohomish county, whether acquired publicly or privately, shall be established, altered, expanded or improved, or hereafter operated or maintained without prior compliance with the following:

(1) The disposal site shall be as designated by the county in accord with its comprehensive solid waste management plan; and

(2) The disposal site shall be constructed, operated and maintained in accord with terms of permit from the health district and such other permits as are required by law; and

(3) The disposal site shall be approved by conditional use permit as required by the County Code and in all respects comply with chapter 43.21C RCW; and

(4) The proposed operation shall be a sanitary landfill, composting plant, incinerator, or resource recovery facility constructed and operated in compliance with all applicable federal, state and local laws, statutes, rules and regulations.

(Added Ord. 83-151, § 1, Dec. 28, 1983).

7.35.070 Exempt operations.

Only such solid waste operations as are exempt from the permit requirements and other regulations of the Health District are exempt from the provisions of this chapter; PROVIDED, That such operation may be subject to prosecution under SCC 7.35.120 and 7.35.130 or otherwise subject to civil and/or criminal prosecution for the maintenance of a nuisance or a violation of any provision of the Snohomish County Code not contained in this chapter. Any exempted solid waste operation must be established, maintained, managed and/or operated in compliance with all other requirements of local, state or federal health rules.

The following shall remain exempt from the operation of this chapter, provided that this exemption shall not affect any authority of the health district to control, through permits or otherwise, any of the following solid waste disposal operations.

(1) Dumping or depositing solid waste generated by a single family or household produced incidental to routine household activities onto or under the surface of the ground owned or leased by that family or household.

(2) Wrecking automobiles and parts thereof including storage and handling facilities, minor reclamation of scrap metal, glass, discarded clothing, paper, and their associated facilities which leads to resale or reuse of said material.

(3) Depositing soil, rock, tree stumps, gravel, broken concrete, broken asphalt, and similar inert wastes onto the surface of the ground whereby such depositing is to be temporary in nature, graded, and otherwise worked to fill an existing depression or low area of ground.

(4) Depositing agricultural solid waste onto or under the surface of the ground when said waste is being utilized primarily for fertilizer or a soil conditioner, or is being deposited on ground owned or leased by the person responsible for the production of said waste, as long as depositing such waste does not create a nuisance.

(5) Depositing sewage and/or sewage sludge onto or under the surface of the ground at a disposal site which has otherwise been issued a permit by a local, state or federal agency to be operated, maintained or managed for that purpose.

(6) Depositing hazardous waste onto or under the surface of the ground at a disposal site which has otherwise been issued a permit by a local, state or federal agency to be operated, maintained or managed for this purpose.

(7) Establishment and operation of a woodwaste landfill site.

(Added Ord. 83-151, § 1, Dec. 28, 1983).

7.35.080 Reclamation.

Nothing in this chapter shall be construed to prohibit or inhibit reclamation of solid waste at reclamation sites so long as otherwise conducted in accord with applicable laws, rules and regulations. A reclamation site shall be subject to permit requirements of the health district.

(Added Ord. 83-151, § 1, Dec. 28, 1983).

7.35.090 Solid waste disposal site permit - Regulations.

Adoption of regulations governing the establishment, alteration, expansion, improvement, operation and maintenance of all solid waste disposal sites within the county and applying for processing, reviewing, and suspending permits therefor is within the jurisdiction of the health district. Such regulations set procedures, standards and conditions for the issuance of solid waste disposal site permits designed to assure that disposal sites and facilities are located, maintained and operated in a manner so as to properly protect the public health, prevent air and water pollution, and avoid the creation of nuisances. Such regulations are consistent with, but may be more stringent than, the minimum functional standards adopted by the Washington state department of ecology (chapter 173-301 WAC), and the guidelines for sanitary landfill design and operation adopted by the United States Environmental Protection Agency.

(Added Ord. 83-151, § 1, Dec. 28, 1983; Amended Ord. 90-019, May 14, 1990).

7.35.100 Nonconforming sites and facilities.

Nonconforming sites and facilities within the county shall comply with the health district’s regulations applicable to nonconforming sites.

(Added Ord. 83-151, § 1, Dec. 28, 1983; Amended Ord. 90-019, May 14, 1990).

7.35.110 Abandoned sites.

All existing solid waste disposal sites within the county which are abandoned shall be compacted, covered and reseeded in compliance with the regulations of the health district.

(Added Ord. 83-151, § 1, Dec. 28, 1983; Amended Ord. 90-019, May 14, 1990).

7.35.120 Unlawful disposal of solid waste.

(1) It shall be unlawful for any person to dump or deposit or permit the dumping or depositing of any solid waste onto or under the surface of the ground or into the waters of this state except at a solid waste disposal site for which there is a valid permit. This section does not:

(a) Prohibit a person from dumping or depositing solid waste resulting from his or her own activities onto or under the surface of ground owned or leased by him or her when such action does not violate statutes or ordinances, or create a nuisance;

(b) Apply to a person using a waste-derived soil amendment that has been approved by the department under RCW 70.95.205; or

(c) Apply to the application of commercial fertilizer that has been registered with the department of agriculture as provided in RCW 15.54.325, and that is applied in accordance with the standards established in RCW 15.54.800(3).

(2) (a) It is a class 3 civil infraction as defined in RCW 7.80.120 for a person to litter in an amount less than or equal to one cubic foot.

(b) It is a misdemeanor for a person to litter in an amount greater than one cubic foot but less than one cubic yard. The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or fifty dollars per cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the jurisdictional health department investigating the incident. The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section, if the person cleans up and properly disposes of the litter.

(c) It is a gross misdemeanor for a person to litter in an amount of one cubic yard or more. The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or one hundred dollars per cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the jurisdictional health department investigating the incident. The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section, if the person cleans up and properly disposes of the litter.

(d) If a junk vehicle is abandoned in violation of this chapter, RCW 46.55.230 governs the vehicle’s removal, disposal, and sale, and the penalties that may be imposed against the person who abandoned the vehicle.

(Added Ord. 83-151, § 1, Dec. 28, 1983; Amended Ord. 05-136, November 30, 2005, Eff date December 15, 2005).

7.35.125 Disposal of solid waste.

(1) Except as permitted by state law or as provided by virtue of this chapter, it is unlawful for any collecting agent or other person to deliver or deposit any solid waste generated and collected within the unincorporated areas of the county at a facility that is not a solid waste disposal system facility located in Snohomish County.

(2) Except as otherwise specified in this chapter, the collection of solid waste from a generator and the transportation of it in an intermodal container directly to an intermodal facility inside or outside of the Snohomish County solid waste disposal system is prohibited. This subsection does not apply to unacceptable waste types identified in SCC 7.41.050, residuals from industrial combustion processes, and wastes identified in the county’s waste acceptance policy as unacceptable for disposal at system facilities owned or operated by the county. Unacceptable wastes and residuals from industrial combustion processes may be directly transported to an intermodal facility in an intermodal container.

(3) The contents of any container marked pursuant to the requirements of SCC 7.35.140 as "solid waste for disposal", "land fill", or "garbage" and the contents of any other container of solid waste consisting of 10% or more, by volume, of non-recyclable materials must be disposed of at a county owned and operated solid waste system facility, except as otherwise permitted by this chapter. The contents of any container consisting of 90% or more, by volume, of recyclable materials may be delivered to any reclamation site, no matter where it is located, including a site that is not a county solid waste disposal system facility. For containers that do not consist of 90% or more, by volume, of recyclable materials, these containers can be further sorted to reduce the volume of non-recyclable waste, prior to being transported off-site, to qualify as a container of recyclable materials.

(4) Source-separated recyclable materials collected from residents in scheduled-routed-curbside programs may be delivered to any reclamation site, no matter where it is located, including a site that is not a county solid waste disposal system facility.

(5) Inert waste may be delivered to any site, no matter where located, including a site that is not a county solid waste disposal system facility, provided the site meets the following requirements:

(a) The site is subject to a currently valid Washington State department of natural resources mining and reclamation permit.

(b) The site is subject to a currently valid inert waste landfill permit issued by the jurisdictional board of health or health district.

(c) The site is not permitted to operate as any other category of landfill than an inert waste landfill.

(6) Residual waste generated from a reclamation site where the processing of recyclable materials has occurred may be transported directly to an intermodal facility which is part of the Snohomish county solid waste disposal system only if the reclamation site complies with the following requirements:

(a) The reclamation site is compliant with local, state and federal regulations.

(b) The reclamation site operator submits monthly reports to the county solid waste division indicating the quantities of in-bound materials accepted at the facility, the quantities of recyclable materials reclaimed listed by commodity type and the names and addresses of the persons obtaining such recyclable materials, and quantities and disposal site locations of residual waste sent for disposal, utilizing a report format specified by the county.

(c) The reclamation site operator permits the county solid waste division or its agents to conduct audits of its business records related to in-bound and out-bound materials and to conduct unscheduled inspections of the reclamation site during normal business hours.

(d) Residual waste delivered to the intermodal facility is transported in intermodal containers that are sealed with a security identification tag provided by the county solid waste division.

(e) The reclamation site operator pays the county solid waste service fee for disposal of residual waste using an intermodal container delivered to the intermodal yard.

(f) The reclamation site operator maintains a credit account with the solid waste division in accordance with the provisions of Section 7.41.030 for payment of the solid waste service fee. Cash will not be accepted at the intermodal facility.

(7) Residual waste generated from a reclamation site where the processing of recyclable waste has occurred must be disposed of at a county owned and operated solid waste disposal system facility if the reclamation site does not comply with the requirements of subsection (6).

(8) Removal of solid waste from the container in which it was transported into Snohomish County, shall be considered the generation of solid waste within Snohomish County for purposes of this chapter.

(Added Ord. 83-151, § 1, Dec. 28, 1983; Amended by Amended Ord. 11-002, Feb. 16, 2011, Eff date Mar. 4, 2011).

7.35.130 Unlawful burning of garbage.

It is unlawful for any person, firm or corporation to burn any garbage or solid waste containing garbage, or to burn any other waste materials of a type that creates an offensive odor, except in an incinerator for which there is a valid permit issued pursuant to this chapter and as permitted by the regulations of the Puget Sound air pollution control agency.

(Added Ord. 83-151, § 1, Dec. 28, 1983).

7.35.140 Waste containers - requirements.

(1) It shall be unlawful for any person, firm or corporation, other than political subdivisions, municipalities or government agencies and departments to place on property located within the unincorporated portions of Snohomish county or on property within a city or town which has, through an interlocal agreement, agreed to impose by ordinance solid waste regulations within its boundaries equivalent to those adopted by the county, a waste container with a capacity of greater than one cubic yard, which is used to store and transport solid waste, including recyclables, unless the container is clearly and conspicuously identified by displaying the owners name and telephone number on at least two sides of the container in letters and numbers at least four inches high. A container with a capacity of greater than one cubic yard used to store and transport solid waste for disposal shall be clearly and conspicuously marked with the words "solid waste for disposal", "land fill", or "garbage." A container with a capacity of greater than one cubic yard used to store and transport recyclables for recycling shall be clearly and conspicuously marked with the words "recyclables" or "recycling" or display the universal recycling symbol consisting of three chasing arrows that form an unending loop.

(2) It is unlawful for any person, firm or corporation, other than political subdivisions, municipalities or government agencies and departments to use a motor vehicle to move on public roads a waste container that has been placed on property within the unincorporated portions of Snohomish County, or on property within a city or town which has, through an interlocal agreement, agreed to impose by ordinance solid waste regulations within its boundaries equivalent to those adopted by the county, that has a capacity of greater than one cubic yard, and that has been used to store and transport solid waste, including recyclables, unless the name of the owner of the vehicle used to move the container is clearly and conspicuously visible on both sides of the vehicle in letters and numbers at least four inches high.

(3) At locations where recyclable materials, including recyclable CDL materials, are generated and transported for recycling, a separate, properly marked container for non-recyclable solid waste must be provided using collection practices consistent with WAC 173-345-040 and chapter 173-350 WAC (including WAC 173-350-025, owner responsibilities for solid waste). Generators shall place non-recyclable waste into the container provided for non-recyclable waste. A container of CDL or commercially generated waste that contains more than 10% by volume non-recyclable waste shall be considered a container of solid waste and its contents shall be subject to the disposal requirements applicable to solid waste and not recyclable waste.

(Added Ord. 83-151, § 1, Dec. 28, 1983; Amended Ord. 05-136, November 30, 2005, Eff date December 15, 2005; Amended by Amended Ord. 11-002, Feb. 16, 2011, Eff date Mar. 4, 2011).

*Code Reviser Note: The text shown in 7.35.140 above, in italic font, was added by Amended Ord. 11-002 but was not shown with addition marks. This material is included pursuant to SCC 1.02.020(2)(g).

7.35.150 Public nuisance.

Any solid waste disposal site hereafter established, altered, expanded, improved, operated or maintained in violation of any of the provisions of this chapter and/or as a nuisance as defined in SCC 7.35.020 is unlawful and a public nuisance. The prosecuting attorney may take such steps or commence such legal or civil actions as are necessary to abate such nuisances and to restrain and enjoin further unlawful acts.

(Added Ord. 83-151, § 1, Dec. 28, 1983).

7.35.160 Misdemeanor.

Unless otherwise stated herein, any violations of this chapter shall be deemed a misdemeanor and punishable under the provisions as set out in SCC 1.10.100.

(Added Ord. 83-151, § 1, Dec. 28, 1983; Amended Ord. 05-136, November 30, 2005, Eff date December 15, 2005).

7.35.165 Civil Penalty

(1) In addition to, or as an alternative to, any other penalty provided in this chapter or by law, any person who violates this chapter, unless otherwise stated herein, shall incur a civil penalty as provided as follows:

(a) Penalties for noncommercial violations shall be assessed at the rate of $50.00 per violation. Any person(s) engaged in the hauling, processing, or disposal of solid waste generated exclusively by the person(s) or his or her immediate family is engaged in a noncommercial action for purposes of this chapter.

(b) Penalties for commercial violations shall be assessed at the rate of $250.00 per violation. Any violation other than a noncommercial violation is a commercial violation.

(c) Each and every day or portion thereof during which any violation is committed shall be a violation for purposes of this chapter.

(d) Second, third or repeated, but separate, violations of a like nature, by the same person, are repeat violations. Penalties for repeat violations shall be two times (2x) the rates identified in subsections (1)(a) and (b) of this section.

(2) In addition to, or as an alternative to, any other penalty provided herein or by law, any person who violates SCC 7.35.125 shall incur a civil penalty as provided as follows:

(a) Penalties for noncommercial violations shall be assessed at the rate of $50.00 per violation. Any person(s) engaged in the hauling, processing, or disposal of solid waste generated exclusively by the person(s) or his or her immediate family is engaged in a noncommercial action for purposes of this chapter.

(b) Penalties for commercial violations shall be assessed at the rate set forth below. Any violation other than a noncommercial violation is a commercial violation.

(i) Where the vehicle used to violate SCC 7.35.125 is less than five tons gross weight, the penalty shall be assessed at the rate of $500.00 per violation.

(ii) Where the vehicle used to violate SCC 7.35.125 is greater than five tons gross weight but less than 10 tons gross weight, the penalty shall be assessed at the rate of $1,000 per violation.

(iii) Where the vehicle used to violate SCC 7.35.125 is greater than 10 tons gross weight, the penalty shall be assessed at the rate of $1,500 per violation.

(c) Each and every day or portion thereof during which any violation is committed shall be a violation for purposes of this chapter.

(d) Second, third or repeated, but separate, violations of a like nature, by the same person, are repeat violations. Penalties for repeat violations shall be two times (2x) the rates identified in subsections (2)(a) and (b) of this section.

(e) Chapter 10.70 SCC does not apply to the civil penalty imposed by this section.

(Added Amended Ord. 05-136, November 30, 2005, Eff date December 15, 2005; Amended by Amended Ord. 12-111, Jan. 9, 2013, Eff date March 1, 2013)

7.35.170 Enforcement

(1) The Director of the Snohomish County Department of Public Works or his or her designee is authorized and directed to enforce the provisions of this chapter. If it is determined through investigation, inspection, or other means that any person has violated any provision of this chapter, he or she may issue a notice of violation containing:

(a) The name and address of the person in violation of this chapter.

(b) A brief description of the violation.

(c) A statement assessing a civil penalty for each violation, which penalty(ies) shall be paid to the county within 20 days from the date of issuance.

(d) A statement advising that if any civil penalty is not timely paid, the matter will be referred to a collection company.

(e) A statement advising:

(i) that the notice of violation may be appealed to the Snohomish county hearing examiner pursuant to the provisions of SCC 2.02.125 and SCC 9.12.101;

(ii) that any per diem civil penalty shall not accrue during the pendency of such administrative appeal; and

(iii) that the failure to file a timely and complete appeal will constitute a waiver of all rights to an administrative appeal under county code.

(2) The notice of violation shall be served on the person in violation of this chapter either personally or by mailing a copy of such notice by certified mail, postage prepaid, return receipt requested, to the person at his last known address.

Proof of personal service of the notice shall be made at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring time, date and manner in which service was made.

(Added Amended Ord. 05-136, November 30, 2005, Eff date December 15, 2005)

7.35.175 Appeals - procedure

(1) The person served with a notice of violation under SCC 7.35.170 may appeal to the hearing examiner. Appeals shall be filed and processed pursuant to the provisions of Chapter 2.02 SCC.

(2) At the appeal, the director of the Snohomish county department of public works or his designee shall have the burden of proving the violation, which burden shall be met by a preponderance of the evidence.

(3) The decision of the hearing examiner on any such appeal shall be final and conclusive with an optional right of reconsideration as provided in Chapter 2.02 SCC and may then be reviewable by an action for writ of review filed with Snohomish county superior court as provided in Chapter 2.02 SCC.

(Added Amended Ord. 05-136, November 30, 2005, Eff date December 15, 2005)

7.35.180 Remedies not exclusive

The remedies for violation of this chapter set forth herein are not exclusive.

(Added Amended Ord. 05-136, November 30, 2005, Eff date December 15, 2005)

7.35.185 Severability

If any portion of this chapter, its application to any person or circumstance is held invalid, the remainder of the chapter and the application of the provisions to other circumstances is not affected.

(Added Amended Ord. 05-136, November 30, 2005, Eff date December 15, 2005)