Chapter 8.12
SOLID WASTE COLLECTION1
Sections:
Article I. City Collection
8.12.010 Application of chapter.
8.12.020 Solid waste collection services – Contract, schedule, rates.
8.12.040 Solid waste collection charges –Collection.
8.12.050 Solid waste collections services mandatory.
8.12.060 Duty to cause removal.
8.12.070 Solid waste department – Enforcement.
Article II. County Regulations
8.12.100 County regulations adopted.
8.12.110 Regulations to be kept on file.
8.12.120 Conflicts with county regulations.
Article I. City Collection
8.12.010 Application of chapter.
To promote and maintain the community health and sanitation, it is the intention hereof to make the collection, removal, and disposal of solid waste within the city universal and compulsory through the establishment of a uniform system within the city. The provisions of this chapter shall be deemed an exercise of the power of the city to regulate the matters of health and safety consistent with the city’s general police powers. (Ord. 864 § 1, 2008)
8.12.020 Solid waste collection services – Contract, schedule, rates.
The city council shall contract with a private solid waste collection service provider to provide solid waste collection and recycling services in the city. The terms of the contract as approved by the city shall apply with respect to the solid waste collection and recycling schedules, rates, and frequency of collection within the city. To the extent the contract does not contain a rate for a service, the then current Washington Utilities and Transportation Commission rate for the service applicable in the area immediately adjacent to the city shall apply. For purposes of this chapter, the then applicable contract with the contract collector is by this reference made a part of this chapter as if set forth in full herein. (Ord. 864 § 1, 2008)
8.12.030 Definitions.
For purposes of this chapter, the following terms shall have the following meanings:
A. “Ashes” means the solid waste products of coal, wood and other fuels used for heating and cooking, from all public and private establishments and from all residences.
B. “Collector of refuse” or “contract collector” means the private solid waste collection service provider under contract with the city to provide solid waste collection and recycling services in the city.
C. “Garbage” means solid waste and all putrescible wastes except sewage and body wastes, including vegetable wastes, and animal offal, but not including recognized industrial byproducts, and shall include all such substances for all public and private establishments and residences.
D. “Health officer” means the county health officer.
E. “Person” means every person, firm, partnership, association, institution and corporation. The term shall also mean the occupant and/or owner of the premises for which service herein mentioned is rendered.
F. “Refuse” means garbage, rubbish, ashes, swill and all other putrescible and nonputrescible wastes except sewage from all public and private establishments and residences.
G. “Rubbish” means all nonputrescible waste, except ashes, from all public and private establishments and residences.
H. “Solid waste and recycling inspector” (formerly “sanitation inspector”) means the city official or employee delegated and authorized to administer this chapter. (Ord. 864 § 1, 2008)
8.12.040 Solid waste collection charges –Collection.
Charges for solid waste collection and recycling and disposal shall be billed by the contract collector and collection of payment for the services provided shall be the contract collector’s sole responsibility. (Ord. 864 § 1, 2008)
8.12.050 Solid waste collections services mandatory.
Solid waste collection and removal services shall be mandatory for all premises within the city. Every person in control of any premises in the city shall contract with the then current contract collector for the removal and disposal of all solid waste, including all garbage, refuse and rubbish (but not including ashes), generated by or located at the premises. Except as otherwise provided for in this chapter, or pursuant to other ordinances or resolutions of the city, no person or entity, other than the city contract collector, may engage in the business of solid waste collection within the city. (Ord. 864 § 1, 2008)
8.12.060 Duty to cause removal.
It shall be the duty of every person in possession, charge, or control of any premises to cause such solid waste to be removed and disposed of by the city contract collector and to otherwise comply with the provisions of this chapter. (Ord. 864 § 1, 2008)
8.12.070 Solid waste department – Enforcement.
For purposes of carrying out the provisions of this chapter, there is created a department to be known as the city solid waste and recycling services department (formerly known as sanitation department). The mayor is authorized to appoint a suitable and qualified person as the inspector for this department and this person shall have full charge and control of all of the work provided for and contemplated under this chapter and as may be provided for by rules and regulations subsequently adopted. This person shall serve as the liaison between the city and the city contract collector. (Ord. 864 § 1, 2008)
8.12.080 Prohibited acts.
It shall be unlawful for any person to throw, place or scatter any solid waste over or upon any street or alley in the city, or to pile or place the same upon any premises in the city, except for purposes of removal at the time and within the period specified in this chapter. It shall also be unlawful for any person to deposit solid waste that is created and accumulated on one premises into the containers on another premises, without the express permission of the person in control of the second premises. (Ord. 864 § 1, 2008)
8.12.090 Violation – Penalty.
Any person who violates, disobeys, omits, neglects, or refuses to comply with or resists the enforcement of this chapter or its provisions shall have committed a civil infraction and shall be punished by a civil monetary penalty as set forth in DPMC 1.16.020 for each violation. (Ord. 864 § 1, 2008)
Article II. County Regulations
8.12.100 County regulations adopted.
The city hereby adopts as the solid waste regulatory authority with respect to flow control of solid waste within the city Spokane County Ordinance No. 14-0879 adopted by the Spokane County board of commissioners on November 4, 2014, and the provisions of Chapter 8.56 of the Spokane County Code as amended, added to, and otherwise revised in Spokane County Ordinance No. 14-0879. (Ord. 952 § 1, 2015)
8.12.110 Regulations to be kept on file.
The city clerk-treasurer is hereby directed to keep a copy of Spokane County Ordinance No. 14-0879 on file at City Hall and available for inspection and review by the public and to keep a copy of Chapter 8.56 of the Spokane County Code available for review and inspection at City Hall by the public. The provisions of this section shall continue to be in effect during the time the provisions in DPMC 8.12.100 are in effect. (Ord. 952 § 2, 2015)
8.12.120 Conflicts with county regulations.
To the extent any other previously adopted ordinance or resolution of the city is in conflict with this article and those provisions relate to solid waste flow control within the city, then the terms and provisions of any such previously adopted city resolution or ordinance shall be amended to conform to the solid waste flow control provisions adopted by reference in DPMC 8.12.100. (Ord. 952 § 3, 2015)
Prior legislation: Ords. 253, 481, 521, 563, 575 and 611.