Chapter 8.08


8.08.010    Purpose.

8.08.020    Definitions.

8.08.030    Compulsory service.

8.08.040    Procedure to obtain exemption.

8.08.050    Enforcement – Civil penalty.

8.08.010 Purpose.

The purpose of this chapter is:

A. To establish a city-wide program for solid waste handling and/or recycling which is in the best interest of the public health, safety and welfare, to prevent land, air and water pollution and conserve natural, economic and energy resources;

B. To adopt and enforce basic minimum standards for handling solid waste;

C. To encourage storage, proper disposal and recycling of solid waste; and

D. To comply with the interlocal agreement with Whatcom County in the most effective way. (Ord. 2166 § 2, 1994)

8.08.020 Definitions.

A. “City” means the city of Blaine, Washington.

B. “Collector” means the person entering into a contract with the city or the person engaged in the private business of the removal of solid waste.

C. “County” means Whatcom County, Washington.

D. “Disposal site” means the location approved for final treatment, utilization, processing, or deposit of solid waste.

E. “Person” means an individual.

F. “Recyclable materials” means those solid wastes that are separated for recycling or reuse, such as papers, metals and glass, that are identified as recyclable material.

G. “Solid waste/s” means all solid or semi-solid waste including, but not limited to, garbage, rubbish, ashes, industrial waste, demolition and construction wastes, abandoned vehicles or parts thereof, and recyclable materials. (Ord. 2166 § 2, 1994)

8.08.030 Compulsory service.

It is compulsory to take a service which is privately provided for collection of refuse in the city. The owner of all developed property within the city shall be required to use this service, unless an exemption has been granted pursuant to BMC 8.08.040. (Ord. 2166 § 2, 1994)

8.08.040 Procedure to obtain exemption.

A. At least 60 days prior to the date of implementation of mandatory solid waste and recycling collection, the city shall provide reasonable notice to all residences and businesses that mandatory collection will be implemented. Such notice shall state how requests for exemption may be filed. Such notice shall be issued in coordination with certificated haulers.

B. Any person who wishes an exemption from the provisions or application of this chapter may file an affidavit with the city which states substantively as follows:

1. I swear or affirm that I should be exempt from the requirements of universal recycling and solid waste collection because I am disposing or will dispose of my solid waste in an environmentally sound way.

The method of disposal is as follows: (Applicant shall complete.)

2. This affidavit is subject to periodic verification by the city.

C. Within 30 days after implementation of mandatory collection, the city manager shall provide a report to the city council containing findings on the number of exemptions that have been requested, the grounds stated for such exemptions, the actions taken on the requests, and recommendations, if any, for further legislative action on exemptions which the city manager believes are appropriate. (Ord. 2166 § 2, 1994)

8.08.050 Enforcement – Civil penalty.

A. If any property owner, landlord, or other responsible person not otherwise exempt from mandatory collection, refuses to pay for such mandatory collection, the city may, upon the request of a certificated hauler, through the city attorney’s office, commence appropriate action to enforce the provisions of this chapter. The prevailing party shall be entitled to an award of reasonable attorney’s fees and costs in any such action.

B. Any property owner, landlord or other responsible person who knowingly fails to subscribe to or pay for solid waste and recycling collection service without having obtained an exemption, or, after obtaining an exemption fails to properly dispose of solid waste in an environmentally sound manner as determined by the city code compliance administrator, shall be liable in addition to actual damages, for a penalty to the city in an amount equal to any past due bill for solid waste and recycling collection service not to exceed $500.00, plus an additional penalty of not less than $100.00, nor more than $200.00, which shall not be suspended or deferred. (Ord. 2166 § 2, 1994)