Chapter 7.41
OPERATING RULES AND DISPOSAL FEES FOR SNOHOMISH COUNTY SOLID WASTE DISPOSAL SYSTEM FACILITIES

Sections:

7.41.010    Definitions.

7.41.015    Departmental rules.

7.41.020    Solid waste service fee schedule.

7.41.0212    Reporting requirements.

7.41.022    Solid waste disposal emergencies.

7.41.030    Special fee provisions - Credit billing.

7.41.040    Special fee provisions - Senior citizens.

7.41.042    Secured loads - Additional charge.

7.41.050    Restrictions on acceptance of wastes.

7.41.060    Violations.

7.41.070    Illegal to scavenge.

7.41.600    Effective date.

7.41.900    Severability.

7.41.010 Definitions.

As used in this chapter unless context requires another meaning:

(1) "Bulky waste" means large items of refuse, such as appliances, furniture, and other oversize wastes which would typically not fit into reusable or disposable containers.

(2) "Clean wood" means dimensional lumber and wood pieces typically resulting from the demolition or construction of buildings, and wood pieces gathered as a by-product or waste from the manufacture of wood products which do not contain laminates or glues, and which have not been painted or treated with stain preservatives.

(3) "Contract hauler" means any person engaged in the business of solid waste handling under the authority of the Washington utilities transportation commission or under contract with any corporate municipality of the state of Washington.

(4) "Commercial" means any solid waste brought to a county solid waste disposal system facility for disposal by a company, corporation, business, firm, association, sole proprietorship, partnership, municipality, political subdivision, or government entity.

(5) "Compacted waste" means any solid waste whose volume has been reduced through mechanical means by compression from the original state.

(6) "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.

(7) "Dangerous waste" means any solid waste designated as dangerous waste by the department of ecology under chapter 173-303 WAC.

(8) "Director" means the director of the Snohomish County department of public works or his/her designated representative.

(9) "Disposal site" means the location where any final treatment, utilization, processing, or deposition of solid waste occurs.

(10) "Green waste" means yard waste which includes, but is not limited to, leaves, grass clippings, branches, brush, flowers, roots, sod and other organic debris commonly thrown away in the course of maintaining yards and gardens, and other biodegradable material approved by the director. It excludes plastics and synthetic fibers, lumber, any wood or tree limbs over 6 inches in diameter or 10 feet long, and petroleum contaminated soil.

(11) "Hard-to-handle waste" means any waste material which is difficult to transfer, transport, or dispose of at county owned and operated solid waste disposal system facilities without special processing including, but not limited to tires, fly ash, sheetrock, shingles, plywood squares, concrete, boulders, and stumps.

(12) "Hazardous waste" means any waste material defined as hazardous pursuant to Federal Public Law 94-580 (Resource Conservation and Recovery Act) or as later amended and regulations thereunder, including explosives, medical wastes, radioactive wastes, pesticides, chemicals, burning materials, and other materials.

(13) "Health officer" means the health officer or his/her representative of the Snohomish health district.

(14) "Household" means all persons who occupy a housing unit (e.g., house or apartment), whether they are related to each other or not.

(15) "Income" means total gross income of people living in a household. This includes all income received from wages, interest from savings and bonds, annuities, dividends, social security, supplemental social security, retirement benefits, social security disability income, veterans benefits, Labor and Industry benefits, federal and state welfare benefits, IRA withdrawals, capital gains, income from rental property or boarders, and all other sources of income.

(16) "Infectious Waste" means untreated solid waste that may create a significant risk of disease. This includes, but is not limited to, human blood and blood products, cultures and stocks containing wastes infectious to humans, human waste source biopsy material, tissues and anatomical parts from surgery, obstetrical procedures and autopsy, and "sharps waste" such as needles, scalpel blades, and lancets.

(17) "Liquid" means any waste material that is determined to contain "free liquids" as defined by method 9095 (paint filter liquids test) as described in "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods", United States Environmental Protection Agency Publication SW-846.

(18) "Moderate Risk Waste" means:

(a) hazardous waste that is generated in smaller quantities than those regulated by the department of Ecology under the Dangerous Waste Regulations (Chapter 173-303 WAC) less than 2.2 pounds (1 kg.) of extremely hazardous waste per month, and below 220 pounds (100 kg.) of dangerous waste per month, and/or;

(b) any household-generated hazardous waste, such as oil-based paints, solvents, thinners, pesticides, corrosives, cleaners, auto maintenance products and cosmetics.

(19) "Person" means any individual, firm, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation or any other entity.

(20) "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 (other than hog fuel), preparation of a fuel from solid waste, use of solid waste as alternative daily cover or use of solid waste as an industrial waste stabilizer

(21) "Reclamation site" means a facility compliant with local, state and federal regulation 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;

(22) "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

(23) "Recyclable construction demolition and land-clearing waste" means CDL waste material that is source separated at the site of origin and is recycled.

(24) "Salvaging" is a recovery process in which there is hand and/or mechanical segregation of solid waste to recover materials for sale and/or reuse and is done in a controlled and organized manner.

(25) "Scavenging" means the removal of materials at a disposal site, or interim solid waste handling site, without the approval of the owner or operator and the jurisdictional health department.

(26) "Senior citizen" means any permanent resident of Snohomish county who is 60 years of age or older.

(27) "Small quantity generator" means a business which generates less than 220 pounds of hazardous waste or 2.2 pounds of extremely hazardous waste per month and does not accumulate more than 2,200 pounds of hazardous waste.

(28) "Solid waste" means all putrescible and nonputrescible solid and semisolid wastes, including but not limited to garbage, rubbish, ashes, industrial wastes, swill, construction, demolition and land-clearing wastes, abandoned vehicles or parts thereof, and discarded commodities. This includes all solid and semisolid, materials which are not the primary products of public, private, industrial, commercial, mining and agricultural operations. Solid waste includes but is not limited to sludge from wastewater treatment plants and septage from septic tanks, wood waste, dangerous waste, and problem wastes.

(29) "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.

(30) "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.

(31) "Vactor wastes/street wastes" include liquid and solid wastes collected during maintenance of stormwater catch basins, detention/retention ponds, and roadside ditches and similar stormwater treatments and conveyance structures and solid wastes collected during street and parking lot sweeping.

(32) "Wood waste" means solid waste consisting of wood pieces or particles generated as a by-product or waste from the manufacturing of wood products, handling and storage of raw materials and trees and stumps. This includes but is not limited to sawdust, chips, shavings, bark, pulp, hog fuel, and log sort yard waste, but does not include wood pieces or particles containing chemical preservatives such as creosote, pentachlorophenol, or copper-chrome-arsenate.

(Added Ord. 92-104, Sept. 2, 1992; Amended Ord. 94-100, § 4, Oct. 26, 1994). (Added Ord. 90-022, May 14, 1990; Amended Ord. 93-134, Dec. 15, 1993, Eff date Dec. 25, 1993; Ord. 95-069, § 2, August 23, 1995, Eff date Sept. 1, 1995; Amended Ord. 98-129, § 1, Nov. 23, 1998, Eff date Dec. 10, 1998; Ordinance No. 03-115, Sept. 3, 2003, Eff date Sept. 14, 2003; 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).

7.41.015 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 Mar. 4, 2011)

7.41.020 Solid waste service fee schedule.

(1) All persons using a county owned and operated solid waste disposal system facility shall pay the service fees set forth in the solid waste service fee schedule. The solid waste service fee schedule and any revisions to the service fee schedule shall be prepared by the director and submitted to the county council for approval by motion. The solid waste service fee schedule will be based on full cost recovery standards. Listed fees are subject to applicable taxes. The director shall, at the time of payment, round the total service fees and taxes owing up to the nearest whole dollar when any fraction of a dollar owing is $.50 or greater, and round the total service fees and taxes owing down to the nearest whole dollar when any fraction of a dollar owing is less than $.50.

(2) Service fees for solid waste disposal shall be based upon measured weights whenever possible. In the absence of weight information, service fees shall be based upon the cubic yard or as otherwise defined in the solid waste service fee schedule. All vehicles shall be charged at least a minimum fee regardless of weight or volume, as established in the solid waste service fee schedule.

(3) In the absence of exact measurements of weight or quantity, the estimate of the director shall be final and binding on the user.

(4) Service fees do not apply to specific source separated recyclable materials accepted by county owned and operated solid waste disposal system facilities for recycling, except for those materials for which specific fees have been designated in the established solid waste service fee schedule.

(5) All users of the vactor decant facility will establish a credit account with the solid waste management division in accordance with the previsions of Section 7.41.030. Cash will not be accepted at this facility.

(6) There is no service fee for the disposal of household generated hazardous waste from Snohomish county residents.

(7) Service fees for certified scale weights will be as established in the solid waste service fee schedule.

(8) Operators of reclamation sites that qualify to directly ship residual waste to an intermodal facility under the provisions of SCC 7.35.125 shall pay the service fees set forth in the solid waste service fee schedule.

(Added Ord. 92-115, Oct. 12, 1992; Amended Ord. 93-134, Dec. 15, 1993, Eff date Dec. 25, 1993; Ord. 95-069, § 1, August 23, 1995, Eff date Sept. 1, 1995; Amended Ord. 96-066 § 1, Sept. 11, 1996, Eff date Sept. 22, 1996; Amended Ord. 98-129, § 2, Nov. 23, 1998, Eff date Dec. 10, 1998; Amended Ord. 01-059, August 29, 2001, Eff date Sept. 10, 2001, Ord. 02-044, October 30, 2002, Eff date November 9, 2002; Ord. 03-115, Sept. 3, 2003, Eff date Sept. 14, 2003; Ord. 03-128, Oct. 29, 2003, Eff date Nov. 9, 2003; Ord. 05-135, November 30, 2005, Eff date December 15, 2005; 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).

7.41.0212 Reporting requirements.

(1) Any reclamation site operating within the county and accepting recyclable CDL wastes for processing shall report monthly to the Snohomish county solid waste division the quantities, by tons, and types of materials accepted at the facility for each month the facility is in operation.

(2) Any reclamation site operating within the county and accepting recyclable CDL wastes for processing shall report monthly to the Snohomish county solid waste division the quantities, by tons, types of materials and the names and addresses of the recipients of materials leaving the facility for each month the facility is in operation.

(3) Any reclamation site operating within the county and accepting recyclable CDL wastes for processing is subject to inspection at all reasonable times by the Snohomish county solid waste division, or its agent, to ensure solid waste disposal and reporting requirements are being met.

(4) Reclamation sites which are permitted by the Snohomish health district to compost organic materials are exempt from the reporting requirements of subsections (1) and (2) with regard to the materials that are composted.

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

7.41.022 Solid waste disposal emergencies.

(1) Notwithstanding the provisions of SCC 7.41.020, the county executive is delegated the authority to reduce or eliminate any or all disposal fees under the following conditions:

(a) a state of emergency for all or part of Snohomish county has been declared by a state or federal official empowered to declare such an emergency, and

(b) the event leading to the state of emergency results in the necessity for residents to quickly and safely dispose of solid wastes in order to maintain the public health and safety.

(2) This reduction or elimination of fees shall be made, where practicable, only after consultation with the council, and shall under no circumstances last longer than 30 days without formal council approval. The county executive shall provide written notification of the reduction or elimination of fees to the council and the department of finance.

(Added Ord. 93-134, Dec. 15, 1993, Eff date Dec. 25, 1993).

7.41.030 Special fee provisions - Credit billing.

(1) All service fees shall be collected by site attendants at the time of use; PROVIDED, That the director may authorize credit billing.

(2) Authorization for credit billing may be granted only upon a written request in advance for such service.

(3) All invoiced fees shall be due and payable to the Snohomish county treasurer within 20 days of the invoice date. Payment shall be mailed to the Snohomish County Department of Finance, Mail Stop 610, Everett, Washington 98201. Interest shall be charged at the maximum rate allowed by state law on past due balances.

(4) The director may suspend use privileges for a credit customer who fails to pay within 20 days of billing.

(5) Except for not-for-profit charitable organizations, governmental agencies, and contract haulers, no authorization for credit billing shall be granted without the posting of a surety bond or cash deposit secured in the name of Snohomish county by the person for whom credit billing is requested. The amount of such surety bond or cash deposit shall be equal to the greater of three times the estimated average monthly usage charge or $3,500.00. The amount of such surety bond or cash deposit may be changed by the director upon 30 days’ written notice to reflect actual usage. The director may request not-for-profit charitable organizations to provide the following documentation:

(a) Proof that the Internal Revenue Service recognizes the organization as one which is nonprofit and charitable:

(b) Current articles of incorporation filed with the Washington secretary of state.

(Added Ord. 90-022, May 14, 1990; Amended Ord. 92-111, Oct. 7, 1992; Amended Ord 95-022, § 1, June 7, 1995, Eff date June 24, 1995; Ord. 05-135, November 30, 2005, Eff date December 15, 2005; Amended by Ord. 08-125, Nov. 10, 2008, Eff date Jan. 1, 2009).

7.41.040 Special fee provisions - Senior citizens.

(1) Any senior citizen (60 or older) who is a resident of Snohomish county and whose previous year’s gross annual household income does not exceed 150%, or 200% for households with disabled seniors, of the federally established poverty guidelines published annually by the United States Department of Health and Human Services, may make application for a senior citizen solid waste disposal fee card on forms established by the director.

(2) An application shall be accompanied by proof of age, residency, household income, and disability if applicable. Documentation acceptable to establish proof of age includes a valid Washington state drivers license, a valid Washington state identification card, a birth certificate, or a passport. Documentation acceptable to establish residency includes a Snohomish county real property tax statement, a property tax receipt, or a current utility bill with service address. Documentation acceptable for income verification includes federal tax returns, an annual Social Security income statement, or other documentation approved by the director or his/her designee. Documents acceptable for proof of disability include certification of an applicant’s condition in writing on official letterhead by the agency or doctor who declared the disability, applicant’s disability parking permit identification card issued by the Washington State Department of Licensing, or other documentation approved by the director or his/her designee.

(3) Upon approval of the application, the senior citizen shall receive a senior citizen solid waste disposal fee card. The card shall be non-transferable and its use shall be restricted to those named on the card for individual use. Each card shall be valid for a calendar year and applications may be reviewed annually to determine continued program eligibility.

(4) The card shall authorize 20 uses in any calendar year or remainder thereof and shall allow senior citizens holding a valid card to use any county owned and operated solid waste disposal system facility in accordance with operating rules developed by the director. The card shall be restricted to a per use volume of up to four covered containers not exceeding 32 gallons each or the equivalent thereof at a per use cost of $2.00.

(5) At any time, the director or his/her designee may require proof of identity for any individual using a card. Any use of a card by an unauthorized individual or for waste other than that generated by the holder shall be sufficient cause for revocation and any card so used may be immediately seized by the director.

(Added Ord. 90-022, May 14, 1990; Amended Ord. 92-111, Oct. 7, 1992; Amended Ord 95-022, § 1, June 7, 1995, Eff date June 24, 1995; Ord. 03-115, Sept. 3, 2003, Eff date Sept. 14, 2004; 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).

7.41.042 Secured loads - Additional charge.

All loads arriving at any county solid waste facility shall be covered or secured so as to prevent any solid waste being transported from unintentionally falling or being blown out of the vehicle.

(1) After June 30, 1994, any vehicle arriving at a solid waste facility which contains waste that is not covered or secured shall be charged an additional fee as follows:

(a) for vehicles with gross vehicle weights up to and including 8,000 pounds, the additional charge shall be $5.00.

(b) for vehicles with gross vehicle weights over 8,000 pounds, the additional charge shall be $10.00.

(2) Until June 30, 1994, the operator of any vehicle meeting the conditions described in (1)(a) or (b) of this section shall be issued a written warning alerting the operator to the requirements of this section.

(3) All monies collected under this section shall be placed in an unsecured loads additional charge account.

(4) The unsecured loads additional charge account shall be disbursed no less often than quarterly, and shall be used by the solid waste management division only for the purposes of reducing and remediating littering and illegal dumping.

(Added Ord. 93-134, Dec. 15, 1993, Eff date Dec. 25, 1993).

7.41.050 Restrictions on acceptance of wastes.

The following restrictions shall apply to acceptance of wastes at county owned and operated solid waste disposal system facilities:

(1) No more than five whole or split tires shall be accepted per load, unless prior arrangements have been made with the director.

(2) Any load of waste deemed to be dangerous or potentially dangerous by the director or the health officer shall not be accepted without prior approval of the health officer and the director.

(3) Septic tank pumpings, sludges and liquid waste shall not be accepted except in emergency circumstances and with the approval of the health officer and the director.

(4) Loads greater than five cubic yards shall not be accepted at drop box facilities without the prior approval of the director.

(5) Moderate risk and hazardous waste disposal shall be limited to those wastes, facilities, or specific portions of facilities so designated by the director.

(6) Infectious wastes are not acceptable.

(7) Pharmaceutical wastes including expired, unused or contaminated drugs and vaccines are not acceptable.

(8) Animal carcasses are not acceptable.

(Added Ord. 90-022, May 14, 1990; Ord. 05-009, Mar. 30, 2005, Eff date April 11, 2005; 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).

7.41.060 Violations.

(1) It shall be unlawful for any person to enter into any county owned or operated solid waste disposal system facility, without authority of the director, during non-operating hours.

(2) It shall be unlawful for any person to dispose of solid waste within a county solid waste disposal system facility without paying the applicable fees as established by this chapter.

(3) Any person violating any provision of this chapter shall be guilty of a misdemeanor and upon conviction, shall be punished as provided in SCC 1.01.100.

(4) In addition to, or as an alternative to, any other penalty provided herein or by law, any person who violates this chapter shall incur a civil penalty as provided in chapter 7.35 SCC.

(Added Ord. 90-022, May 14, 1990; Ord 05-135, November 30, 2005, Eff date December 15, 2005; Amended by Amended Ord. 11-002, Feb. 16, 2011, Eff date Mar. 4, 2011).

7.41.070 Illegal to scavenge.

(1) Scavenging by any persons at any Snohomish county solid waste disposal system facility is forbidden. Any violation of this provision shall be considered a violation of RCW 36.58.020 and any persons found guilty of a misdemeanor.

(2) Salvaging at any Snohomish county solid waste disposal system facility shall be allowed only when the person conducting such operation has, by formal contractual agreement, received permission from the director.

(Added Ord. 90-022, May 14, 1990; Amended by Amended Ord. 11-002, Feb. 16, 2011, Eff date Mar. 4, 2011).

7.41.600 Effective date.

This chapter shall take effect and be in full force and effect from and after August 1, 1990.

(Added Ord. 90-022, May 14, 1990).

7.41.900 Severability.

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of these rules or the application of the provisions to other persons or circumstances is not affected.

(Added Ord. 90-022, May 14, 1990).