Chapter 8.04


8.04.010    Application.

8.04.020    Intent of chapter.

8.04.030    Definitions.

8.04.040    Garbage supervisor.

8.04.050    Sanitary department.

8.04.060    Garbage fund.

8.04.070    Accumulation of refuse – Container regulations and requirements.

8.04.080    Outdoor dumping and burning.

8.04.090    Collection, removal and disposal of garbage and refuse.

8.04.100    Separation of garbage.

8.04.110    Use, selling and disposal of swill.

8.04.120    Preparation of swill for disposal by public eating place.

8.04.130    Charges for refuse collection and disposal.

8.04.140    Rates set by council resolution.

8.04.150    Promulgation of rules, rates and duties of sanitary department.

8.04.160    Violation – Penalty.

8.04.170    Recyclable materials – Separation required.

8.04.180    Recyclable materials – Separation of nonrecyclables.

*For statutory provisions on municipal garbage collection and disposal systems, see RCW 35.21.120 et seq.

8.04.010 Application.

This chapter shall apply to all territory embraced within the corporate limits of the town. (Ord. 80-1 § 1, 1980).

8.04.020 Intent of chapter.

The maintenance and health and sanitation require, and it is the intention of this chapter to make, the collection, removal and disposal of garbage and refuse within the town compulsory and universal. (Ord. 80-1 § 2, 1980).

8.04.030 Definitions.

The following definitions apply in this chapter:

A. “Contractor” means any person, firm, partnership, association, institution or corporation who has contracted with or been issued a license by the town for the collection, handling and transportation of solid waste, which includes garbage, refuse, recyclables, and yard and garden waste within the town.

B. “Garbage” means and includes all accumulations of waste matters discarded as of no further value to the owner, and which are not recyclable, including but not limited to vegetable waste, wrappings and small discarded containers, but shall exclude yard and garden waste, recyclables, sewage, dead animals, cleanings from public and private catchbasins, washracks, stumps, and hazardous and special waste as defined by Washington State Department of Ecology.

C. “Garbage can” means a watertight, impervious, raised bottom container not exceeding four cubic feet or 32 gallons in capacity, weighing not over 12 pounds when empty, fitted with two sturdy handles, one on each side, and a tight cover equipped with a handle. Where the term “garbage can” is used in this chapter it shall also include 90-gallon, 60-gallon, and 20-gallon toters and other containers furnished by the contractor.

D. “Garbage units” means secure and tight bundles, none of which shall exceed three feet in the longest dimension, and shall not exceed 65 pounds in weight.

Such “garbage units” may be packed in small boxes, barrels or bags, or in securely tight cartons or other receptacles reasonably easy to be handled and loaded by one person onto a collection vehicle.

E. “Mixed waste paper” means magazines, letter paper, envelopes without any plastic, cereal boxes, paper bags and other small boxes but does not include any plastic-coated papers, envelopes with plastic windows or any other papers and items made from fiberboard which have coatings other than printing.

F. “Person” means every person, firm, partnership, association, institution, or corporation in the town accumulating garbage, refuse, yard and garden waste, or recyclables requiring disposal. The term also means the occupant and/or the owner of the premises for which service mentioned in this chapter is rendered.

G. “Recyclables” includes but is not limited to newspapers, aluminum and tin-plated steel food and beverage containers, glass food and beverage containers and mixed waste paper.

H. “Refuse” means and includes nonrecyclable waste matter discarded as of no further value, including ashes, cinders, clinkers, broken-up household furnishings and equipment, discarded hot water tanks, barrels, cartons, and pieces of wooden crates and boxes, but shall exclude yard and garden waste, large trees, earth, sand, gravel, rock, broken concrete, plaster, bricks and other building materials, automobile bodies, large auto parts, building waste and fire refuse and waste.

I. “Yard and garden waste” means grass clippings, leaves, branches (not to exceed three inches in diameter), brush, bushes, weeds, sod and dirt and trees not to exceed three inches in diameter and/or three feet in length, but does not include rocks, bricks, hazardous materials, scrap metals, garbage or refuse. (Ord. 90-32 § 1, 1990; Ord. 80-1 § 3, 1980).

8.04.040 Garbage supervisor.

There is created the office of town garbage supervisor who shall have supervision, under the direction of the town council, over the collection of garbage within the town and shall have supervision of and control of town sanitary fills or such other means of garbage disposal as may be established by the town. (Ord. 80-1 § 4, 1980).

8.04.050 Sanitary department.

For the purpose of carrying into effect the provisions of this chapter, there is created and established a department to be known as the town sanitary department. (Ord. 80-1 § 5, 1980).

8.04.060 Garbage fund.

There is established a “garbage fund” of the town. All moneys received by the town for the collection and disposal of garbage shall be placed in such fund, and the expense of such garbage collection and disposal shall be paid therefrom. The town may act as collection agent for any firms, persons or corporations contracting with the town to collect, haul or dispose of refuse. The town council may also provide for additional revenues to be paid into such fund from time to time. (Ord. 80-1 § 6, 1980).

8.04.070 Accumulation of refuse – Container regulations and requirements.

A. It shall be the duty of every person in possession, charge or control of any dwelling, flat, rooming house, apartment house, hospital, school, hotel, club, restaurant, boardinghouse or eating place, or in possession, charge or control of any place of business or manufacturing establishment where garbage, refuse or swill is created or accumulated at all times to keep or cause to be kept portable appurtenances, metal or other approved cans for the deposit therein of garbage and reuse, and to deposit or cause to be deposited the same therein. The town’s sanitary department shall establish regulations governing the size of the containers or cans.

1. It shall be the duty of the owner of any dwelling, flat, apartment house or trailer camp to furnish or to see that his tenants are supplied with such cans.

2. Such cans shall be constructed in such a manner as to be strong, watertight, not easily corrodible, rodent-proof, insect-proof, of not less than 15 and not more than 30 gallons capacity and shall have two handles at the sides thereof and tight-fitting lids. Such lids shall not be removed except when necessary to place garbage and refuse in such cans or take the same therefrom. When garbage and refuse is placed therein or taken therefrom, such lid shall be replaced by the person placing the same therein or taking the same therefrom. Such cans shall be kept in a sanitary condition with the outside thereof clean and free from accumulative grease and decomposing material. Each can shall be kept in a place accessible to the collector.

3. Each garbage can shall be kept clean inside and out, so that no odor nuisance exists. The garbage collector shall place tags on garbage cans found to be in violation of this section, and notify the garbage supervisor. The tag shall have a perforated stub with identification number and place for location and description. Two or more violations of this provision by a person shall subject the person to penalties described in EMC 8.04.160.

B. This section is subject to the proviso that in the case of isolated dwellings or places of business located in sparsely settled portions of the town, or where reasonable access cannot be had by truck, garbage and refuse therefrom, may, upon special permit of the town council, be collected, removed and disposed of in such a manner as may be approved by the town council. Garbage and swill shall not be disposed of upon private premises by incineration.

C. Large suitable containers for both collection of garbage and refuse shall, with the approval of the town sanitary department, be used by hotels, restaurants, boardinghouses, eating places, apartment houses, schools and hospitals and in the business district.

D. Wastepaper or office supplies may be deposited in waste baskets and other suitable receptacles approved by the sanitary department.

E. It shall be the duty of every person to cause such garbage and refuse to be removed and disposed of only by the town sanitary department.

F. It shall be the duty of every person in possession, charge or control of any dead animal or upon whose premises the same may be located, to forthwith cause the same to be removed and disposed of by the town sanitary department. (Ord. 80-1 § 7, 1980).

8.04.080 Outdoor dumping and burning.

It is unlawful for any person to bury, burn, dump, collect, remove or in any manner dispose of garbage or swill upon any street, alley, public or private property within the town otherwise than as provided in this chapter.

Wastepaper, boxes, rubbish and debris, brush, grass, leaves, weeds and cuttings from trees, lawns, shrubs and gardens may be burned on private property in furnaces; or, upon special permit from the fire chief or fire marshal, they may be burned in outside fireplaces, private incinerators or in open fires.

It is unlawful for any person to bury, burn or dump wastepaper, boxes, rubbish and debris, brush, grass, leaves, weeds and cuttings from trees, lawns, shrubs and gardens upon any street, alley or public place. (Ord. 80-1 § 8, 1980).

8.04.090 Collection, removal and disposal of garbage and refuse.

All garbage and refuse shall be collected, removed and disposed of at least once a week. (Ord. 80-1 § 9, 1980).

8.04.100 Separation of garbage.

The town reserves the right to and may have option to require the separation of paper or swill or other component parts of garbage and may require the deposit thereof in separate cans or receptacles and may prescribe the methods of disposal thereof. (Ord. 80-1 § 10, 1980).

8.04.110 Use, selling and disposal of swill.

Until otherwise provided, swill may, with the approval of the town sanitary department, and subject to its rules and regulations, be used or sold by the persons producing the same and removed beyond the town limits by the person using or purchasing the same. (Ord. 80-1 § 11, 1980).

8.04.120 Preparation of swill for disposal by public eating place.

It is unlawful for any person, firm or corporation conducting any hotel, restaurant or any other public eating place to deposit, throw or place swill or other refuse food matter in a lane, alley, street or other public place, or to deposit, throw or place any swill on any private property, regardless of ownership, unless the swill is enclosed in vessels or tanks of approved type of the town sanitary department, which vessels shall be perfectly watertight and shall have tightly fitting covers, which covers are not to be removed except when absolutely necessary for the depositing or removal of swill. Such vessels or tanks shall be kept in the rear of the premises or in the basement or other place authorized by the town sanitary department so as to be readily accessible for collection, and shall not be kept upon the street, alley, sidewalk or other public places. All such tanks or vessels shall be promptly delivered to the collector when called for and shall be returned by him without unnecessary delay, and no person, except for purposes of collection under license, shall in any manner interfere with the vessels or tanks or with the contents thereof. (Ord. 80-1 § 12, 1980).

8.04.130 Charges for refuse collection and disposal.

The charges for refuse collection and disposal shall be compulsory. The monthly refuse collection charges shall be payable in advance on the first day of each month, at the clerk/treasurer’s office by the owner and/or tenant. Any additional charges for extra refuse cans may be paid for at the office of the town clerk in advance of the month that the cans will be used. Those businesses which do not generate garbage, refuse or swill may apply to the town clerk for exemption from mandatory weekly pickup and monthly charge. (Ord. 80-1 § 13, 1980).

8.04.140 Rates set by council resolution.

All rates for refuse collection shall be set by resolution of the council of the town. The town council has authority to set lower rates for all citizens 65 years of age or older, who would qualify for a senior citizen real property tax exemption pursuant to the financial standards effective in Pierce County. Said citizens shall file an affidavit with the town clerk in a form substantially similar to the form required for the real property tax exemption. (Ord. 80-1 § 14, 1980).

8.04.150 Promulgation of rules, rates and duties of sanitary department.

The town shall have the power from time to time to set forth and determine rules, regulations, rates and changes in rates and the duties and responsibilities of the town sanitary department as may be necessary in the discretion of the town council for the proper execution of this chapter. (Ord. 80-1 § 15, 1980).

8.04.160 Violation – Penalty.

Any person violating any of the provisions of this chapter is guilty of a misdemeanor and under conviction thereof shall be punished as provided in EMC 1.12.010. (Ord. 80-1 § 16, 1980).

8.04.170 Recyclable materials – Separation required.

A. The following solid waste materials are declared to be recyclable, and all persons required to have solid waste services within the town shall separate those materials and deposit them in separate designated containers provided by the town:

1. Old newspapers;

2. Aluminum and tin-plated steel food and beverage containers;

3. Glass food and beverage containers. Other recyclable materials, such as plastics or waste oil, may be collected on a continuing basis, at the option of the town when reasonable costs for including specified additional materials are allocated to residents receiving the added service;

4. Mixed waste paper.

B. Collection shall be biweekly.

C. Yard waste is intended to be phased in at a future time through self-hauling to a collection center located in town from March through November.

D. Multifamily dwellings and commercial establishments are recognized to present unique circumstances which may initially preclude the selection of a single, uniform approach to the collection of recyclables. In recognition of such circumstances the town will work with representatives to establish the number of each type of container to handle larger volumes of recyclables which may be generated and the unbalanced volume of recyclables which may be generated; i.e., more glass containers than newspapers due to the type of business. (Ord. 90-32 § 2, 1990).

8.04.180 Recyclable materials – Separation of nonrecyclables.

A. Residents shall not discard yard waste together with trash and shall make it available for recovery and composting as soon as yard waste collection and composting services are provided, or shall otherwise dispose of such wastes, through composting or otherwise, on their own property.

B. Residents shall not discard recyclable material together with garbage or refuse and shall deposit said material in separate containers provided by the town. Residents or businesses shall be responsible for the cost of the replacement containers for containers lost, damaged or destroyed by residents or businesses.

C. Recyclable containers provided by the town shall not be used for other uses or purposes.

D. Mixed waste paper shall be placed in paper bags and shall be set on top of the recyclable container. (Ord. 90-32 § 3, 1990).