Chapter 8.12
GARBAGE

Sections:

8.12.010    System established.

8.12.020    Definitions.

8.12.030    Removal – Duty.

8.12.040    Removal – City right to contract.

8.12.050    Contractor’s bonds.

8.12.060    Contract termination – Reimbursement for equipment.

8.12.070    Authorized collector only.

8.12.080    Vehicles employed by contractor.

8.12.090    Collector – Records.

8.12.110    Cans – Required.

8.12.120    Cans – Specifications – Use.

8.12.130    Cans – Securing against marauding animals.

8.12.135    Waste to comply with the Resource Conservation Recovery Act.

8.12.140    Residential classification – Prepared garbage.

8.12.150    Segregation of paper and swill.

8.12.160    Storage.

8.12.164    One and one-half yard containers – Required for newly constructed multiple dwelling units.

8.12.166    One and one-half yard containers – When an account required to purchase.

8.12.170    Bulk collection – Containers.

8.12.180    Collection – Rates.

8.12.185    Utility tax on garbage collection.

8.12.190    Collection – Schedule – Swill removal – Method.

8.12.200    Charges – Special or irregular service.

8.12.210    Charges – Loads which cannot be placed in cans.

8.12.220    Charges – Billing – Lien against property.

8.12.230    Unlawful to throw, place or scatter garbage.

8.12.240    Dead animals.

8.12.250    Penalty for violation.

8.12.010 System established.

There is hereby established for the city a system for the collection, removal and disposal of garbage and all waste and refuse, etc.; and providing rules and regulations for the collection and disposal of all garbage, waste and refuse within the city; providing rates for collection and disposal, and providing methods for payment therefor. (1958 Code § 5.08.010).

8.12.020 Definitions.

In this chapter:

A. “Garbage” includes all sweepings, cleanings, trash, rubbish, litter, industrial or domestic wastes, organic waste or residue from animals, kitchen waste, whether organic or inorganic, trees, shrubs, grass, trimmings, ashes, cinders, dirt, wood, stone, brick, cans, plaster, or any materials resulting from demolition, alteration or construction, bottles, boxes, wire, nails, scrap metal or any waste substance that may become a nuisance or a hindrance to the health, sanitation or general appearance of the city.

B. “Prepared garbage” is waste material from kitchens, dining rooms, etc., from which liquids have been drained and solid matter wrapped in papers.

C. “Raw garbage” is swill or other like substance, not prepared as provided in subsection B of this section. (1958 Code § 5.08.060).

8.12.030 Removal – Duty.

It shall be the duty of every person to cause garbage and refuse to be removed and disposed of by the garbage and refuse department of the city. (1958 Code § 5.08.120).

8.12.040 Removal – City right to contract.

The city may collect and remove garbage or may on every sixth year, if desired, on or before the first day of May, ask for and receive bids for the collection, removal and disposal of garbage, refuse, waste and other substances as provided for in this chapter, and enter into garbage contracts accordingly. The contracts shall be for not more than six years, but may be made subject to cancellation by the contractor on 60 days’ written notice at the middle point only of the contract, without forfeiture by the contractor of the cash or surety bond described in EMC 8.12.050. There shall be added a charge of 20 percent to the amount from the contractor to cover the billing, collection and administration expenses of this contract, which charge shall be paid by the customer together with the original billing to the city. (Ord. 1269 § 1, 1979; 1958 Code § 5.08.020).

8.12.050 Contractor’s bonds.

Contractors under the provisions of this chapter shall be required to furnish a cash or surety bond, approved by the city council, in an amount not less than $500.00, conditioned for the faithful performance of their duties, and the payment of any and all damages occasioned by their willful act or negligence of their duties. (1958 Code § 5.08.030).

8.12.060 Contract termination – Reimbursement for equipment.

Every contract entered into by virtue of this chapter shall specify that the city may terminate such contract for failure of performance on the part of the contractor, and may in any event terminate the contract upon 60 days’ notice without cause; provided that in event the contract is terminated without cause, the city shall purchase all equipment used in connection therewith at a value to be determined by a board of appraisers, one appointed by the contractor, one by the city and a third by the two thus appointed. The decision of any two appraisers is controlling. (1958 Code § 5.08.040).

8.12.070 Authorized collector only.

From and after the effective date of the ordinance codified in this chapter, it is unlawful for any person other than the duly authorized collector and/or contractor, to engage in the business of collection, removal or disposal of garbage, refuse, etc., in the city, or to use the garbage dump without special permission from the city for the specific purpose desired. (1958 Code § 5.08.050).

8.12.080 Vehicles employed by contractor.

Trucks and vehicles employed by a contractor must be a packer-type body. (1958 Code § 5.08.220).

8.12.090 Collector – Records.

The collector shall keep an accurate account of all services by him rendered with the names, locations, and items and dates of service, on forms to be furnished by the city and shall turn the same in to the city garbage cashier not later than the twenty-fifth day of each month; and he shall also be required to provide a telephone for the receiving of calls related to matters connected with his contract, or report at regular specified times, as the city may require, to the city garbage cashier. (1958 Code § 5.08.200).

8.12.110 Cans – Required.

It is the duty of every person in possession, charge or control of any occupancy, business or other establishment where garbage and refuse is created or accumulates, at all times to keep or cause to be kept, portable cans for the deposit therein of garbage and refuse; and to deposit or cause to be deposited the same therein. (Ord. 1790 § 3, 1993; 1958 Code § 5.08.070).

8.12.120 Cans – Specifications – Use.

Cans shall be water-tight, of not less than 10 and not more than 32-gallon capacity, 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 the cans or to take some therefrom; and the lids shall be properly replaced. Cans shall be kept in a sanitary condition with the outside clean and free from accumulating grease and decomposing material. Each can shall be placed curbside on the appropriate collection day for proper collection, removal and disposal. (Ord. 1790 § 4, 1993; 1958 Code § 5.08.080).

8.12.130 Cans – Securing against marauding animals.

All garbage cans shall be protected or secured so that they are not upset by dogs or other marauding animals. (1958 Code § 5.08.100).

8.12.135 Waste to comply with the Resource Conservation Recovery Act.

A. All waste generated or collected from within the corporate limits of the city which is delivered to the system for disposal shall be in compliance with the Resource Conservation Recovery Act, as amended (42 U.S.C. 6901 et seq.), Chapter 70.95 RCW, King County Board of Health Rules and Regulations #8.

B. A copy of those provisions set forth in subsection A of this section shall be made available for public review with the city clerk/treasurer, city of Enumclaw during normal business hours. (Ord. 1595 §§ 1, 2, 1990).

8.12.140 Residential classification – Prepared garbage.

It is unlawful for any person, firm or corporation in the residential classification to dispose of or store garbage in standard garbage cans unless such garbage has been prepared and complies with the definition of prepared garbage as set out in this chapter; providing however, that fruit or vegetable waste resulting from canning, etc., containing a high moisture content not susceptible to ready draining, may be deposited and segregated with noncombustible garbage. (1958 Code § 5.08.110).

8.12.150 Segregation of paper and swill.

The city reserves the right to and may at its option, require the segregation of paper and swill or other component parts of garbage and may require the deposit thereof in separate cans and may prescribe the method of disposal thereof. (1958 Code § 5.08.150).

8.12.160 Storage.

It is unlawful for any person, firm or corporation, to store or permit the storage of garbage for collection on or about their premises or premises occupied by them unless the garbage is kept in an approved can-container such as a 20-gallon or otherwise authorized mini-can, 32-gallon can, 95-gallon or otherwise authorized wheeled cart, recyclable bins, dumpster-container or other receptacle authorized by the city. (Ord. 1790 § 5, 1993; 1958 Code § 5.08.140).

8.12.164 One and one-half yard containers – Required for newly constructed multiple dwelling units.

Multiple dwelling units consisting of two to four or more units per building shall provide a city specified one and one-half yard container upon the construction of each building. That container shall be purchased by the owner and dedicated to the city. (Ord. 1374 § 1, 1982).

8.12.166 One and one-half yard containers – When an account required to purchase.

At the establishment of any new commercial account, or when an active commercial account changes from any other type of container to a city specified one and one-half yard container, that account will be required to purchase the initial container and dedicate the same to the city. (Ord. 1374 § 2, 1982).

8.12.170 Bulk collection – Containers.

Large suitable containers for bulk collection of garbage and refuse may, with the approval of the garbage department, be used by hotels, restaurants, boardinghouses, eating places, apartment houses, schools and hospitals, and in the business districts. (1958 Code § 5.08.090).

8.12.180 Collection – Rates.

A. Effective January 1, 2019, the following monthly rates for solid waste removal shall be, and shall be billed, as follows for one collection per week:

1. Residential Garbage Service – Container Rates. These rates apply to single-family dwellings and duplexes where a wheeled cart will adequately serve the customer based upon weekly pickup:

a. Each 20-gallon mini-cart: $25.68 per month;

b. Each 32-gallon cart: $28.45 per month;

c. Each 64-gallon cart: $35.81 per month;

d. Each 96-gallon cart: $43.18 per month;

e. Additional collections:

i. Twenty-gallon: $3.51 per collection;

ii. Thirty-two-gallon: $4.15 per collection;

iii. Sixty-four-gallon: $5.85 per collection;

iv. Ninety-six-gallon: $7.55 per collection.

These rates include the service of curbside collection of recyclables on alternate weekly pickup in a single, 96-gallon wheeled cart. The calculated cost of this recyclable collection is $10.46 per month.

2. Commercial Garbage Service – Container Rates. These rates apply to all customer classes and types other than single-family dwellings and duplexes where a wheeled cart will adequately serve the customer based upon weekly pickup:

a. Each 20-gallon mini-cart: $15.22 per month;

b. Each 32-gallon cart: $17.98 per month;

c. Each 64-gallon cart: $25.35 per month;

d. Each 96-gallon cart: $32.71 per month;

e. Additional collections:

i. Twenty-gallon: $3.51 per collection;

ii. Thirty-two-gallon: $4.15 per collection;

iii. Sixty-four-gallon: $5.85 per collection;

iv. Ninety-six-gallon: $7.55 per collection.

These rates do not include the service of curbside collection of recyclables as this is an optional service available to nonresidential customers.

3. Dumpster – Container Rates. These rates apply to commercial establishments, apartment houses, rooming houses, public buildings and other establishments where a one-and-one-half-cubic-yard (CY) dumpster container will adequately serve the customer based upon periodic collections per month. The city will allow dumpster containers in the following sizes at the following rates per month:

a. Each one-and-one-half-CY container with one collection per week: $133.11;

b. Each one-and-one-half-CY container with two collections per week: $262.49;

c. Each one-and-one-half-CY container with three collections per week: $391.88;

d. Each one-and-one-half-CY container with four collections per week: $521.26;

e. Each one-and-one-half-CY container with five collections per week: $650.65;

f. Each additional collection for one-and-one-half-CY containers: $30.72 per collection.

4. Recyclables Container Rate. This rate applies to all nonresidential customer classes where 96-gallon wheeled cart container(s) will adequately serve the customer based upon alternate weekly pickup.

a. Each 96-gallon wheeled cart: $10.46 per month.

5. Compostables (Yard Waste) Container Rate. This rate applies to all customer classes including residential, commercial, public or other establishments where a 96-gallon wheeled cart container will adequately serve the customer based upon alternate weekly pickup opposite the collection date for curbside recyclables. The compostables container rates shall be:

a. Each 96-gallon wheeled cart: $12.23 per month.

b. Additional bagged or properly bundled yard waste, 45-gallon bag maximum, 50-pound maximum weight: $5.25 per bag or bundle per collection.

B. No privately owned wheeled carts, dumpster-containers or recycling bins will be allowed.

C. The prices set forth above are for carts placed at the curb or shoulder or otherwise accessible by the department’s automated collection trucks. Those containers placed in a manner that prevents automated collection may not be picked up. No cart may be filled to exceed its maximum capacity, as designated on the cart lid.

D. Charges for collection of items placed outside of containers or of unusual shape or material will be based on an estimated value as established by the department.

E. Customers who terminate and then restart yard waste collection will be charged a $25.00 container delivery charge. There is no delivery charge for the initial signup. Single-family residential customers that maintain continuous yard waste service throughout the calendar year may request additional carts during the growing season that will be delivered once and removed once at no additional delivery charge. Monthly collection charges will apply to all carts requested.

F. The yard waste container rate specified in subsection (A)(5) of this section is not mandatory but optional as a service to the customer. It is intended to be available as a year-round service just as garbage collection and recycling are year-round services available to the customer.

G. Within the definition of “garbage” contained in EMC 8.12.020(A), materials referenced as trees, shrubs, grass, trimmings and related organic material shall be deemed as “yard waste.” Yard waste is not allowed in the normal refuse collection program, and must only be deposited for collection, removal and disposal as authorized through the city’s compostable (yard waste) collection program.

H. Tampering Charge. Account holders shall be charged a tampering charge as set forth in the fee resolution for removal of baffles installed in 32-gallon carts which are installed to establish the capacity of the cart at the lower capacity of 20 gallons. Removal of the baffle will result in upgrading the account to a 32-gallon service and the cart will be replaced with the appropriate cart-container.

I. Any person violating the terms of this section is guilty of a misdemeanor and shall be punished in accordance with EMC 9.00.030. (Ord. 2638 § 1, 2018; Ord. 2601 § 1, 2016; Ord. 2558 § 1, 2014; Ord. 2536 § 1, 2013; Ord. 2514 § 1, 2012; Ord. 2499 § 1, 2011; Ord. 2430 § 1, 2009; Ord. 2380 § 1, 2007; Ord. 2324 § 1, 2006; Ord. 2296 § 1, 2005; Ord. 2142 §§ 1, 2, 2002; Ord. 2036 § 1, 1999; Ord. 2006 § 1, 1999; Ord. 1931 §§ 1, 2, 1997; Ord. 1920 §§ 2, 3, 1996; Ord. 1839 § 1, 1995; Ord. 1790 § 2, 1993).

8.12.185 Utility tax on garbage collection.

A. An eight percent utility tax shall be applied to the garbage utility gross receipts and/or amounts collected by private carriers of garbage or recyclable materials. The gross receipts consist of those moneys received from charges as set forth in EMC 8.12.180.

B. This utility tax shall be applied to mobile home parks which collect garbage or recyclable materials for the residences of the park, which amount of tax shall be determined by applying the amount of the tax rate times the amount the mobile home park pays to the disposal or receiving site.

C. The mobile home park shall submit a quarterly report in a form provided by the city setting forth, under oath, the amount of the fees paid to the disposal or receiving site, and they shall make payment of the applicable tax within 30 days from the end of each quarter. Delinquencies may be assessed interest at the rate established for judgments in King County Superior Court plus a penalty of 10 percent times the amount owed, less interest.

D. Private carriers of garbage or recyclable materials shall submit quarterly reports on amount charged to customers and pay a utility tax on the amount received from customers, at a rate as set forth above. The report shall be on a form provided by the city, and shall be submitted together with the above tax within 30 days from the end of each quarter. Delinquencies may be assessed as set forth in subsection C of this section. (Ord. 1888 § 1, 1996; Ord. 1772 § 1, 1993).

8.12.190 Collection – Schedule – Swill removal – Method.

Collections in the business district shall be two or three times a week as required; collections from cafes, restaurants, butcher shops, etc., shall be made on Mondays, Wednesdays and Saturdays where unprepared garbage accumulates; provided, however, the collector may not be required to remove swill. Swill removal shall be contracted privately. Boxes, paper and combustible material shall not be placed in alleys and, should such material find its way there, it shall at once be removed by the party responsible therefor. The collector shall see that the alleys, streets and private property he may cross are left in a clean and sanitary condition after loading. The collector, or anyone hauling garbage, shall not permit any material to be dropped or spilled from the truck on any of the public ways of the city, nor on or along the side of roads in King County. (1958 Code § 5.08.230).

8.12.200 Charges – Special or irregular service.

Should more or less frequent service in the residential or business districts or any part thereof be directed by the garbage department, an increase or decrease in rates proportionate to the added or reduced cost of service shall be made.

Where can is kept within a basement, in a building or upstairs and is inaccessible by reason of locked doors, or it is necessary to call or knock for owner or occupant of building to gain admittance, an additional charge based upon the time consumed shall be made. (1958 Code § 5.08.210).

8.12.210 Charges – Loads which cannot be placed in cans.

Special loads that cannot be placed in cans may be contracted for with the collector, who in turn shall turn in the charges for such special loads to the city garbage cashier for collection. Ninety percent of the moneys so collected for special loads shall be paid to the contractor each month, which moneys shall be paid in addition to the amounts specified in his contract. (1958 Code § 5.08.190).

8.12.220 Charges – Billing – Lien against property.

There will be collection charges to be billed by the city on the first business day of each and every second month for the previous two months and shall be payable within 30 days thereafter and if not so paid shall become a lien against the property for which the garbage service is rendered and collectible as provided in RCW 35.21.140 and 35.21.150. (1958 Code § 5.08.180).

8.12.230 Unlawful to throw, place or scatter garbage.

It is unlawful for any person, firm or corporation to throw, place or scatter any garbage as listed above upon a city street, alley or driveway, or adjacent thereto, either with or without the intent of later removal or to suffer or permit the accumulation of such on any premises owned, occupied or controlled by the person, firm, or corporation, which would make the premises offensive, unsanitary, unsightly or unsafe to public health or hazardous to fire. (1958 Code § 5.08.130).

8.12.240 Dead animals.

It shall be the duty of every person in possession, charge of or control of any dead animal, or any premises on which the same may be located, to cause the same to be removed and disposed of within 24 hours. A charge shall be made by the city of $0.50 for cats, dogs or small animals. (1958 Code § 5.08.160).

8.12.250 Penalty for violation.

Any person who violates or fails to comply with any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Chapter 1.08 EMC. (Ord. 1079 § 2, 1973; 1958 Code § 5.08.260).