Chapter 6.30
SOLID WASTE COLLECTION

Sections:

6.30.010    Purpose.

6.30.020    Definitions.

6.30.030    Exclusive collection.

6.30.040    Exceptions.

6.30.050    General penalties.

6.30.010 Purpose.

The purpose of this chapter is to protect the public health, safety, and general welfare through the establishment of a uniform system of solid waste collection, processing, transportation, and disposal throughout the city and by the restriction of unregulated solid waste collection, transportation, processing, and disposal services. The provisions of this chapter shall be deemed an exercise of the power of the city to regulate matters of health and safety consistent with the city’s general police powers. (Ord. 1952 § 1, 1997).

6.30.020 Definitions.

Where used in this chapter, the following words and terms shall have the meanings as defined in this section, unless, from the context, a more limited or different meaning is clearly defined or apparent:

(1) “Ancillary disposal providers” are those persons that offer delivery, maintenance or clean-up services that, by their nature, include a disposal function. Ancillary disposal providers must provide a legitimate service other than garbage collection and disposal services equivalent to those provided by a city-contracted solid waste collector. Examples of ancillary disposal providers include, but are not limited to: businesses that deliver new appliances, carpets or other furnishings and remove and dispose of the replaced item; contractors that self-haul construction and demolition wastes that they produce during the course of their regular business activities; and clean-up services that include a container or truck loading function in addition to hauling and disposal.

(2) “Business of solid waste collection” means every person or his lessees, receivers, or trustees, that own, control, operate, or manage vehicles used in the business of collection, compaction, transportation, processing, and/or disposal of solid waste for compensation over any public street, highway, or right-of-way in the city. Provided, however, that persons offering (a) solid waste compaction services through the use of vehicles which do not travel upon the public streets, highways, and/or rights-of-way of the city while such vehicles contain solid waste, or (b) ancillary disposal services, shall not be considered to be in the business of solid waste collection.

(3) “City-contracted collector” means any person that has entered into a contract with the city for collection of solid waste from commercial and residential properties within the city.

(4) “City-franchised collector” means any person that formerly operated a Washington Utility and Transportation Commission-certificated sold waste collection company in areas which are now under city authority, and is now or will be operating under a transitional franchise contract with the city.

(5) “Person” means every natural person, firm, partnership, association, institution and corporation.

(6) “Solid waste” means all putrescible and nonputrescible solid and semisolid wastes. For the purposes of this chapter, “solid waste” includes, but is not limited to: garbage, rubbish, ashes, industrial wastes, materials placed in residential recycling and yard waste containers, demolition and construction wastes, and swill. Provided, however, that “solid waste” does not include recognized industrial by-products, commercial recyclable materials, sewage sludge, septage or abandoned vehicles or parts thereof.

(7) “Commercial recyclable materials” means materials otherwise considered to be solid waste which are separated from disposed wastes by the generator for recycling or reuse, including, but not limited to papers, metals, glass, plastics, and other materials. Commingled commercial recyclables must be processed through a recycling facility possessing all local and state permits and contaminants or residual materials remaining after processing must be disposed through the King County disposal system. (Ord. 2059 § 1, 2000: Ord. 1952 § 1, 1997).

6.30.030 Exclusive collection.

Except as otherwise provided in this chapter, no person, other than a city-contracted or city-franchised collector, may engage in the business of solid waste collection within the city. (Ord. 2059 § 2, 2000: Ord. 1952 § 1, 1997).

6.30.040 Exceptions.

The prohibition set forth in RMC 6.30.030 shall not apply to any person in the business of solid waste collection when such person is performing services under the current term of a written contract that existed on or before September 2, 1997, to the extent that servicing such contract requires the use of any public street, highway, or right-of-way in the city. Any person claiming to be exempt under this section shall bear the burden of proving that he or she is entitled to rely upon the exemption and shall, upon demand from the Public Works Director, furnish copies of any such contract to the city. (Ord. 1952 § 1, 1997).

6.30.050 General penalties.

A. Civil Penalty.

1. Any person, and the officers, directors, managing agents, or partners of any corporation, firm, partnership, or other organization or business violating or failing to comply with any of the provisions of this chapter shall be subject to a civil penalty in an amount not less than $100.00 nor more than $1,000.00 per day for each violation from the date set for compliance until compliance with the order is achieved.

2. The penalty imposed by this section shall be collected by civil action brought by the city or through the process established in Chapter 1.14 RMC. The Mayor or his or her designee shall notify the City Attorney in writing of the name of any person subject to the penalty, and the City Attorney shall, with the assistance of the Mayor or his or her designee, take appropriate action to collect the penalty.

B. Criminal Penalties.

1. Any person, and the officers, directors, managing agents, or partners of any corporation, firm, partnership, or other organization of business violating or failing to comply with any of the applicable provisions of this chapter who has had a judgment or cease and desist order entered against him or her pursuant to RMC 6.30.050(A) or its predecessors within the past five (5) years shall be subject to criminal prosecution and upon conviction of such subsequent violations shall be fined in a sum not exceeding $5,000.00 or be imprisoned for a term not exceeding one (1) year or be both fined and imprisoned. Each day of noncompliance with any of the applicable provisions of this chapter shall constitute a separate offense.

C. Additional Relief. Nothing in this chapter shall be construed as limiting any judicial remedies that the city may have, at law or in equity, for enforcement of this chapter. Furthermore, violation of the terms of this chapter shall be grounds for revocation of the business license of any person violating the terms hereof. (Ord. 1952 § 1, 1997).