Chapter 8.04
GARBAGE AND REFUSE1
Sections:
8.04.010 Purpose – Collection compulsory – Public utility designated.
8.04.030 Solid waste collection – Charges compulsory – Billing procedure.
8.04.040 Past due charges constitute liens – Enforcement methods.
8.04.060 Residential cart, detachable container or drop-box container – Compulsory.
8.04.070 Hours/days of collection.
8.04.080 Points of collection and container enclosures.
8.04.110 Dead animal disposal.
8.04.130 Unlawful storage, deposit, disposal, scavenging and hauling of solid waste.
8.04.140 Violations of this chapter declared a public nuisance.
8.04.150 Comprehensive solid waste collection agreement.
Prior legislation: Ords. 110, 310, 499, 1-83, 10-85, 16-87, 31-95, 42-95, 18-99, 15-00, 27-00 and 48-13.
8.04.010 Purpose – Collection compulsory – Public utility designated.
It is the purpose of this chapter to further the maintenance of health, safety, sanitation and public welfare by making the collection, removal, and disposal of solid waste within the city compulsory and universal. Solid waste collection shall be made by the city’s contractor for solid waste collection services. All persons and properties within the city shall use the city’s contractor for solid waste collection services. The provisions of this chapter shall be liberally construed for the accomplishment of that purpose. This chapter is an exercise of municipal police power and statutory authority and establishes solid waste collection as a utility of the city. [Ord. 1-18 § 1, 2018].
8.04.020 Definitions.
For the purposes of this chapter, the following terms have the following meanings:
“Agricultural processed waste” means any waste which consists exclusively of the remainder and residue of processed fruit or vegetables.
“Ashes” includes the solid waste products of coal, wood, and other fuels used for heating and cooking.
“Biomedical waste” has the same meaning set forth in WAC 480-70-041.
“City” means the city of West Richland, Benton County, Washington. As used in the contract, it includes the official of the city holding the office of mayor or her/his designated representative, such as the city’s director of public works.
“City service area” means the current corporate limits of the city, excluding only those areas for which a different solid waste collection company is providing solid waste service pursuant to a pre-existing franchise or permit.
“Commercial customer” means all nonresidential customers, including but not limited to businesses, institutions, governmental agencies, and all other users, including occupants of residences, multifamily complexes and mixed use buildings, of commercial-type solid waste collection services.
“Container” means any detachable container, drop-box container, or wheeled cart owned and provided by the contractor.
“Contractor” means Ed’s Disposal, Inc.
“Curb” or “curbside” means a location on a residential customer’s property within five feet of a public street or private road without blocking sidewalks, driveways or on-street parking.
“Customer” means all entities or persons required to utilize solid waste services within the city service area, including property owners, property managers and tenants.
“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 and one-half cubic yards or greater than eight cubic yards in capacity.
“Drop-box container” means an all-metal container with 10 cubic yards 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.
“Garbage” means all putrescent solid waste.
“Green waste container” means a container suitable for deposit, storage and collection of yard waste.
“Hazardous waste” means any substance that is:
1. Defined as hazardous by 40 C.F.R. Part 261 and regulated as hazardous waste by the United States Environmental Protection Agency under Subtitle C of the Resource Conservation and Recovery Act (“RCRA”) of 1976, 42 U.S.C. Section 6901 et seq., as amended by the Hazardous and Solid Waste Amendments (“HSWA”) of 1984; the Toxic Substances Control Act, 15 U.S.C. Section 2601 et seq.; or any other federal statute or regulation governing the treatment, storage, handling or disposal of waste imposing special handling or disposal requirements similar to those required by Subtitle C of RCRA.
2. Defined as dangerous or extremely hazardous by Chapter 173-303 WAC and regulated as dangerous waste or extremely hazardous waste by the Washington State Department of Ecology under the State Hazardous Waste Management Act, Chapter 70.105 RCW, or any other Washington State statute or regulation governing the treatment, storage, handling or disposal of wastes and imposing special handling requirements similar to those required by Chapter 70.105 RCW.
“Mixed paper” means magazines, junk mail, phone books, bond or ledger grade paper, cardboard, paperboard packaging, paper cups and other fiber-based materials meeting industry standards, but excluding tissue paper, paper towels, food-contaminated paper or paper packaging combined with plastic, wax and foil.
“Mixed-use building” means a structure inhabited by both residential and commercial customers. A single parcel with separate structures, each of which is inhabited separately by a residential customer and a commercial customer, shall be treated as individual customers of their respective category with separate accounts.
“Multifamily complex” means a multiple-unit residence with three or more attached units and billed collectively for collection service.
“Person” means every person, firm, partnership, association, institution, and corporation. The term also means the occupant and/or the owner of the premises for which solid waste collection service is rendered.
“Private road” means a privately owned and maintained right-of-way or access easement that allows for access by a service vehicle and that serves multiple residences.
“Public street” means a public right-of-way or easement maintained by the city, county or the state and used for public travel.
“Recyclable materials” means materials consisting of aluminum cans and foil; corrugated cardboard; tin cans; recyclable plastic containers that did not contain hazardous waste; mixed paper; newspaper; and such other materials that the city and contractor may determine from time to time to be recyclable and are otherwise consistent with all applicable ordinances or comprehensive solid waste plans of the city, if any.
“Recycling cart” means a cart suitable for on-site collection, storage and placement of recyclable materials by residential customers.
“Recycling container” means a container suitable for on-site collection, storage and placement of recyclable materials from commercial customers.
“Residence” or “residential” mean a living space, with a kitchen, individually rented, leased or owned.
“Residential cart” means a 64- or 96-gallon wheeled cart suitable for deposit, storage and collection of solid waste.
“Residential customer” means all customers residing in a single-family residence.
“Single-family residence” means all one-unit houses, each unit living unit of a duplex, and mobile homes that are billed for collection service individually and located on a public street or private road.
“Solid waste” shall have the same meaning set forth in RCW 70.95.030, but shall not include agricultural processed waste, biomedical waste or hazardous waste. Recyclable materials and green waste shall also be excluded from solid waste if and when the city elects to add separate collection service for such materials pursuant to the terms of this contract.
“Unit” means an individual receptacle, such as a can, plastic bag, cart, box, carton, cardboard barrel, or other suitable container that does not hold more than 32 gallons or four cubic feet of solid waste, and which does not weigh more than 65 pounds when filled.
“Yard waste” means (1) leaves, (2) grass, (3) clippings of woody, as well as fleshy, plants, (4) unflocked, undecorated holiday trees; provided, however, that such materials shall be less than six inches in diameter, five feet in length, and bundles of yard waste shall not exceed two feet by two feet by five feet in dimension or 65 pounds per bundle, and shall be secured by degradable string or twine and not nylon or other synthetic materials. [Ord. 1-18 § 1, 2018].
8.04.030 Solid waste collection – Charges compulsory – Billing procedure.
A. Charges for solid waste collection and disposal as set forth in WRMC 8.04.040 are compulsory and shall be billed in conjunction and simultaneously with statements issued by the city for water and/or sewer service, regardless of whether or not such persons use solid waste collection services. These charges, as established by the city, shall be due and payable to the city on or before the twenty-fifth day of the month following the month in which the statement for such services has been mailed. Payments not received by the twenty-fifth day of the month following the month in which statements for services were mailed shall be considered past due in accordance with Chapter 13.90 WRMC.
B. Service may be suspended for nonpayment of the account. Such suspension shall not relieve the person owning such property from the duty of complying with the provisions of this chapter. [Ord. 1-18 § 1, 2018].
8.04.040 Past due charges constitute liens – Enforcement methods.
For failure to pay the amount past due by the tenth day of the month (or the next business day if the tenth day of the month is a Saturday, Sunday or city recognized holiday) following the due date for such services, a lien may be filed against the property in accordance with Chapter 13.90 WRMC. [Ord. 1-18 § 1, 2018].
8.04.050 Schedule of rates.
A. The person responsible for the cost of water or sewer service to property receiving solid waste collection service is responsible for all charges and costs resulting from solid waste collection. The commercial tenant in possession is also responsible for all such charges and costs resulting from solid waste collection if the bill is sent to that commercial tenant. In the event no water and sewer service is provided a location receiving solid waste collection, the commercial tenant in possession, if billed, and the person making application for the service are jointly responsible for all charges and costs resulting from said service. In addition, and in all events, the property and the property owner are responsible for all charges and costs and the same may become a lien upon the property in the manner prescribed by law.
B. The charges for solid waste collection service are as set forth in the city’s master fee schedule.
C. There shall be no charge for all city-owned municipal facilities and properties and Benton County Fire District No. 4 facilities and properties located within the city. [Ord. 15-19 § 1 (Exh. A), 2019; Ord. 1-18 § 1, 2018].
8.04.060 Residential cart, detachable container or drop-box container – Compulsory.
It shall be the duty of every person in possession, charge, ownership or control of any dwelling, residence, flat, rooming house, apartment house, mobile home park, or eating place, or in possession, charge or control of any shop, place of business, or manufacturing establishment, to keep or cause to be kept, at all times, a residential cart, detachable container or drop-box container of approved size, type, and construction, and to deposit or cause to be deposited all solid waste therein, unless temporary discontinuance of solid waste collection service has been approved by the finance director or designee in accordance with Chapter 13.90 WRMC. [Ord. 1-18 § 1, 2018].
8.04.070 Hours/days of collection.
A. All solid waste collections from single-family residences, multifamily complexes and mixed-use buildings shall be made on Monday through Friday, between the hours of 6:00 a.m. and 6:00 p.m. The city’s public works director or designee may authorize a temporary extension of hours or days together with a temporary exception to the requirements of WRMC 9.38.020 and 9.38.030 per WRMC 9.38.050(A) to the extent consistent with make-up collections due to holidays or inclement weather.
B. All solid waste collections from commercial customers (excluding those customers located within mixed-use buildings) shall be made Monday through Friday, between the hours of 5:00 a.m. and 6:00 a.m., with the exception of those commercial customers located near single-family residences, multifamily complexes and mixed-use buildings, which solid waste collections shall be made Monday through Friday, between the hours of 6:00 a.m. and 6:00 p.m. The public works director or designee shall give the city’s contractor for solid waste collection services written notice of which commercial customers are located near single-family residences, multifamily complexes and mixed-use buildings that shall be subject to residential collection hours and days.
C. The city’s contractor for solid waste collection services may, but is not required to, provide commercial customer collection service on Saturdays and Sundays. [Ord. 1-18 § 1, 2018].
8.04.080 Points of collection and container enclosures.
A. Residential carts shall be placed for collection at the curbside, or in the case of noncurbed streets or private drives at the edge of the roadway shoulder, no earlier than 12 hours prior to their collection day. Likewise, residential carts must be removed from the curbside within 12 hours of being collected and returned to a location adjacent to the residential structure or within a fully enclosed building or garage.
B. Points of collection for permanent detachable containers and drop-box containers for commercial, industrial, multifamily customers, and other non-single-family residential customers shall be screened within a concrete block container enclosure at a location mutually agreed upon by between the city’s contractor for solid waste collection services, customer and city engineer meeting Basin Disposal’s Waste Development Guidelines, Planning Standards and Requirements for Solid Waste, or as amended by the city engineer, but said location shall not be within the city’s road right-of-way without the customer first obtaining a written special permit from the city per WRMC 10.12.045. [Ord. 7-19 § 1, 2019; Ord. 1-18 § 1, 2018].
8.04.090 Residential carts.
A. Customers must use a residential cart provided by the city’s contractor for solid waste collection services. Plastic bags and other carts may be used for overflow volumes of solid waste, but not as a customer’s primary residential cart.
B. The city’s contractor for solid waste collection services shall provide each residential customer a 96-gallon residential cart for solid waste collection with the exception of senior, low-income residential customers and permanently disabled, low-income residential customers, who shall be provided with a 64-gallon residential cart. Residential carts shall be provided to requesting customers within seven calendar days following the day of the customer’s request.
C. Customers shall be responsible for the cleaning, inside and out, of residential carts so that no odor nuisance exists, and the area around the residential carts is kept in a neat and sanitary condition.
D. Any residential cart that is damaged, needing repairs or missing on account of accident, act of nature or elements, fire, or theft or vandalism by other members of the public shall be repaired or replaced, at the city’s contractor for solid waste collection service’s expense, within seven calendar days following the day of the customer’s request. [Ord. 1-18 § 1, 2018].
8.04.100 Container weights.
Residential cart weights shall not exceed 120 pounds for the 64-gallon cart and 180 pounds for the 96-gallon cart. Other cans and containers used for overflow volumes of solid waste, including plastic bags, shall not exceed 65 pounds. No specific weight restrictions are provided for detachable containers; however, the city’s contractor for solid waste collection service shall not be required to lift or remove materials from a detachable container exceeding the safe working capacity of the collection vehicle. The combined weight of a drop-box container and its contents must not cause the collection vehicle to exceed legal road weight limits. [Ord. 1-18 § 1, 2018].
8.04.110 Dead animal disposal.
It shall be the duty of every person in possession, charge or control of any dead animal, or the person in possession, charge or control of the premises upon which a dead animal is located, to forthwith cause the same to be disposed of in a sanitary manner. [Ord. 1-18 § 1, 2018].
8.04.120 Restrictions.
Solid waste shall be collected and hauled through the streets of the city only by the city’s contractor for solid waste collection service under RCW 35.13.280 (franchise), except that a person within the city may occasionally self-haul solid waste, recyclables or yard waste from his or her property to an approved collection or disposal site. “Occasionally” shall not mean on a regular or scheduled basis, or for the purpose of avoiding paying the city for solid waste collection service and in all cases the provisions of WRMC 8.04.030 shall still apply; the city’s solid waste collection fee shall still be payable in full. Yard waste generated and hauled by private landscaping services shall also be exempt. [Ord. 1-18 § 1, 2018].
8.04.130 Unlawful storage, deposit, disposal, scavenging and hauling of solid waste.
A. Unlawful Hauling of Solid Waste and Recyclables. It is unlawful for any person other than the city’s contractor for solid waste collection services, or any other person authorized by the city to collect, haul, dump or dispose of solid waste and recyclables within the city, except as provided in WRMC 8.04.120.
B. Unlawful Hauling of Hazardous Waste. It is unlawful for any other person other than a person authorized by the city, county or state to collect, haul, dump or dispose of hazardous waste within the city.
C. Unlawful Storage of Solid Waste and Recyclables. It is unlawful for any person to deposit, throw, dump, store, maintain, retain, keep or place solid waste, recyclables or yard waste on private or public real property in the city, except in a residential cart, detached container, drop-box container or other appropriate bag or container for the purpose of storing such solid waste, recyclables or yard waste until the next regular collection date by the city’s contractor for solid waste collection service. This subsection shall not apply to yard waste in compost piles or receptacles so long as they are properly maintained free of vectors and any odors traveling off-premises.
D. Unlawful Deposit of Solid Waste or Recyclables. It is unlawful to deposit, throw, dump, dispose or place any solid waste, recyclables, or yard waste in any lane, alley, street, road or other public way or place in the city, except for the purpose of depositing such solid waste, recyclables or yard waste at curbside in an approved container or containers for the next regular collection by the city’s contractor for solid waste collection service. It is also unlawful to deposit, throw, dump or place any solid waste, recyclables or yard waste on private property owned by another person in the city without the consent of the landowner or person in possession or control of the real property.
E. Unlawful Storage or Deposit of Hazardous Waste. It is unlawful for any person in the city to store, maintain, keep, deposit, retain, dump or accumulate hazardous waste on private or public real property in the city. Any hazardous waste generated in the city shall be collected and disposed of in accordance with all federal, state, county, and local statutes, ordinances, rules and regulations, by a solid waste collection contractor licensed for such collection and disposal and stored and disposed of in an area zoned for the storage or disposal of hazardous waste.
F. Unlawful Deposit or Disposal of Hazardous Waste. It is unlawful to deposit, throw, dump or place any hazardous waste into solid waste cans or units, recycling bins or yard waste carts for regular garbage or recyclables collection, or to dispose of hazardous waste in a transfer station, recycling station or otherwise in the city, except in accordance with federal, state or county statutes or ordinances and in the manner approved by the State Department of Ecology or its successor, and by a person licensed by law for collection, transfer and disposal of hazardous wastes.
G. Unlawful Use of Residential Carts, Detached Containers, Drop-Box Containers, or Recycling Bins. It is unlawful to place, deposit or throw solid waste, recyclables or yard waste in a residential cart, detachable container, drop-box container or recycling bin that is owned, leased or rented by another person without the consent of the person paying for the collection service.
H. Unlawful Placement and Removal of Residential Carts. It is unlawful for a person to place solid waste at the curbside for collection by the city’s contractor for solid waste collection services more than 12 hours prior to the regular collection date. It is also unlawful for a person to leave residential carts at the curbside more than 12 hours after collection by the city’s contractor for solid waste collection services. Further, it is unlawful for a person to maintain, place or store residential carts at a location other than adjacent to the residential structure or within a fully enclosed building or garage.
I. Unlawful Deposit of Burning Material, Hot Ashes or Hot Clinkers for Collection. It is unlawful to deposit, throw, dump, or place burning material, incendiary hot ashes, hot clinkers or any other material or solid waste sufficiently hot to create combustion when the same come in contact with any solid waste, into any residential cart, detached container, drop-box container or recycling bin for collection by the city’s contractor for solid waste collection service.
J. Unlawful Scavenging. Once any solid waste, recyclables or yard waste have been set out on the curbside for collection or at such other location as authorized by the city, ownership of the solid waste, recyclables and yard waste passes to the city’s contractor for solid waste collection services. It is unlawful for any person, other than the city’s contractor for solid waste collection service, to remove or collect any solid waste, recyclables, or yard waste once it has been set out on the curbside, or other approved location for collection.
K. Unlawful Compaction of Solid Waste. Commercial customers shall not deposit into their residential cart, detached container or drop-box container compacted solid waste, or any other solid waste that has been subjected to a process modifying its compaction or nature resulting in the reduction of its volume by increasing the density thereof, without the prior written consent of the city’s contractor for solid waste collection services.
L. Any person violating any provision of this section shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine in any sum not exceeding $1,000, or by imprisonment for a period not exceeding 90 days, or by both such fine and imprisonment. Each day’s violation of the provisions of this title may be deemed a separate offense. [Ord. 1-18 § 1, 2018].
8.04.140 Violations of this chapter declared a public nuisance.
Any person violating any section or part of this chapter shall be deemed to have created a public nuisance, and such public nuisance may be abated. Any person creating a public nuisance in violation of this chapter shall be responsible for removing any unlawful solid waste from the waste stream, including any and all cleanup costs, damages, costs of suit, including attorney’s fees and costs for experts incurred to enjoin such violation or removal of the unlawful solid waste from the waste stream, in addition to any other required or appropriate remedies.
Public nuisances, public nuisance abatements, penalties and/or remedies are defined, provided for and/or allowed pursuant to WRMC, as now worded or hereafter amended. [Ord. 1-18 § 1, 2018].
8.04.150 Comprehensive solid waste collection agreement.
The city has entered into an agreement for solid waste collection services with Ed’s Disposal, Inc., a Washington corporation, under such terms and conditions as the city council deems appropriate. Ed’s Disposal, Inc., the city’s contractor for solid waste collection services, shall comply with the provisions of any applicable city codes, ordinances, regulations, standards, procedures, permits or approvals, as from time to time amended; provided, however, that in the event of a conflict or inconsistency between any such provisions and the comprehensive solid waste collection agreement, the express terms and conditions of the agreement shall govern. A copy of the agreement shall be available at the city clerk’s office for review by the public at all times during regular business hours. [Ord. 1-18 § 1, 2018].
8.04.160 Severability.
If any section, subsection, paragraph, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter, it being herein expressly declared that this chapter and each section, subsection, paragraph, sentence, clause and phrase thereof would have been adopted irrespective of the fact that any one or more other sections, subsections, paragraphs, sentences, clauses or phrases be declared invalid or unconstitutional. [Ord. 1-18 § 1, 2018].
Editor’s Note: For statutory provisions on garbage collection, see RCW 35.21.120 et seq.; for provisions on garbage collection in code cities, see RCW 35A.21.060.