Chapter 8.15
SOLID WASTE DISPOSAL SYSTEM
Sections:
8.15.100 Garbage disposal standards – Adopted by reference.
8.15.110 Keeping and use of solid waste containers.
8.15.120 Commercial solid waste requirements.
8.15.130 Downtown solid waste container lock requirement.
8.15.140 Violations and penalties.
8.15.200 Designation of city agency.
8.15.210 Comprehensive solid waste management plan.
8.15.005 Purpose and need.
The city council finds that the public’s best interest requires the adoption of the ordinance codified in this chapter to implement effective waste reduction and source separation strategies and protect the natural environment, the economy, and the health of its residents. [Ord. 760 § 2, 2022]
8.15.010 Definitions.
As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.
(1) “Downtown collection area” means the areas located within the Downtown Commercial and Special Planning Area 1 zones, as defined in the Burien zoning code and illustrated in BMC 9.105.440, and properties zoned Regional Commercial or Special Planning Area 3 between SW 148th Street and SW 154th Street, and west of 1st Avenue S.
(2) “Restaurants and other eating places” mean businesses selling food or beverages for consumption on or off the premises, including but not limited to full-service restaurants, cafes, coffee shops, delicatessens, diners, fast food restaurants, grocery stores, home delivery services, and business or institutional cafeterias.
(3) “Franchise hauler” means any franchise-holding entity contractually authorized by Burien to collect and haul any solid waste.
(4) “Garbage” means trash, putrescible and nonputrescible solid and semisolid waste intended for disposal, not including compostable or source-separated recyclable products, hazard waste, or special waste.
(5) “Recycled material” means waste material and byproducts that have been recovered or diverted from solid waste and that can be utilized in place of raw or virgin material in manufacturing a product and consist of materials derived from post-consumer waste, manufacturing waste, industrial scrap, agricultural wastes, and other items, all of which can be used in the manufacture of new or recycled products.
(6) “Compostable” means products, including fiber-based and other products, that are capable of being completely broken down into stable products in a controlled, aerobic commercial process resulting in a material safe and desirable as a soil amendment meeting the WAC 173-350-220 compost quality standards as presently constituted or hereinafter amended for metals, physical 1 parameters, pathogens, manufactured inert material, and other testing parameters set by the King County health department, have been found to degrade satisfactorily at the composting facility receiving the material, meet standard specification ASTM D6400 or ASTM D6868 as presently constituted or hereafter amended, and have been certified as compostable by the Biodegradable Products Institute or similar national or international certification authority.
(7) “Overloading” means depositing solid waste in such a manner that the waste protrudes outside of a solid waste container.
(8) “Solid waste” means all putrescible and nonputrescible solid and semisolid waste placed or intended for disposal, including, but not limited to, bulky waste or large items, compostable wastes, demolition and construction wastes, garbage, reusable or recyclable materials, rubbish, trash, and other discarded solid and semisolid wastes.
(9) “Solid waste container” means a portable device used for the collection, storage, and/or transportation of solid waste including, but not limited to, bins, carts, dumpsters, garbage cans, or reusable containers.
(10) “Maintain access to” means have a current active account with a collection services provider to pick up all solid waste from an authorized solid waste container, or a valid agreement with an abutting business to share collection services consistent with this code. [Ord. 760 § 3, 2022]
8.15.100 Garbage disposal standards – Adopted by reference.
The following sections of Chapter 8.16 KCC, as now in effect, and as may be subsequently amended, are adopted by reference:
KCC
8.16.010 Type of container required and method of disposal – Type of treatment required before feeding to animals.
8.16.020 Leaving manure in certain places prohibited – Limited period given for disposal.
[Ord. 22 § 5, 1993]
8.15.110 Keeping and use of solid waste containers.
(1) Each person in possession, charge or control of any dwelling, flat, roominghouse, apartment house, hospital, school, hotel, club, restaurant, boardinghouse or eating place, or in possession, charge or control of any shop, place of business or manufacturing establishment, or any place where garbage, refuse or swill is created or accumulated shall at all times, keep or cause to be kept portable solid waste containers, for the deposit therein of garbage and refuse, and to deposit, or cause to be deposited the same therein.
(2) The portable solid waste containers shall be kept secured and shall not be left open, except at the time when garbage or refuse is being deposited into the portable solid waste container.
(3) Any violation of this section shall constitute a civil infraction, punishable by a fine of $250.00. Any such matter may be commenced by the filing of a notice of infraction at the Southwest division of the King County district court. [Ord. 290 § 1, 2000]
8.15.120 Commercial solid waste requirements.
Businesses with a physical location in Burien other than home occupation businesses:
(1) Shall be required to maintain access to, and use garbage collection services with a franchise hauler; and
(2) Shall be required to maintain access to and use recycled material collection services.
In addition, restaurants and other eating places with a physical location in Burien shall maintain access to and use compostable or food and yard waste material collection services. [Ord. 760 § 4, 2022]
8.15.130 Downtown solid waste container lock requirement.
Commercial businesses in the downtown collection area shall equip each of their solid waste containers with franchise hauler-provided locks when utilizing a franchise hauler, or other locking mechanism if utilizing collection services other than a franchise hauler. Locks may only remain unlocked during normal business operating hours or at scheduled solid waste collection times. Commercial businesses may unlock their containers on the day of collection, or, if utilizing a franchise hauler, may have the franchise hauler unlock the container at collection time for a fee per occurrence set by the franchise hauler contract with Burien. Commercial businesses with a solid waste container enclosure may choose to lock the secured enclosure instead of each solid waste container. [Ord. 760 § 5, 2022]
8.15.140 Violations and penalties.1
(1) Enforcement. Any person who violates or fails to comply with any provision or requirement of this code shall be subject to enforcement as set forth in BMC 1.15.120.
(2) Dates of Enforcement. Enforcement will begin after a grace period to inform businesses of the requirements and to acquire the required equipment, materials, and service:
(a) For the downtown solid waste container lock requirement, six months from the effective date of the ordinance codified in this section.
(b) For the commercial solid waste requirements, 12 months from the effective date of the ordinance codified in this section. [Ord. 760 § 6, 2022]
8.15.200 Designation of city agency.
(1) The King County solid waste disposal system, operated by the department of public works, solid waste division, is designated as the agency for disposal of all solid waste, including moderate risk waste, generated or collected within the corporate limits of the city and the county is authorized to designate disposal sites for the disposal of all such solid waste, except for solid waste which is eliminated through waste reduction or waste recycling activities.
(2) In addition, and pursuant to Section 8.5.a of the interlocal agreement, all such waste generated, or collected from, within the limits of the city of Burien which is delivered to the system for disposal shall comply in every respect with the Resource Conservation and Recovery Act (42 USC sec. 6901 et seq.), Chapter 70.95 RCW, all applicable King County board of health rules and regulations including but not limited to Number 8, and any and all other applicable federal, state, and local environmental health laws, rules, and regulations. King County is specifically authorized to enforce all such laws, rules, and regulations within the corporate limits of the city of Burien. [Ord. 21 § 1, 1993]
8.15.210 Comprehensive solid waste management plan.
King County is designated to prepare a comprehensive solid waste management plan which shall include the city’s plan, pursuant to RCW 70.95.080(3). The city declares that it is a member of the designated interlocal forum for the purpose of resolving solid waste issues and facilitating regional cooperation in solid waste management. [Ord. 21 § 2, 1993]
Code reviser’s note: Ordinance 760 adds this section as BMC 8.15.130. It has been editorially renumbered to prevent duplication of numbering.