Chapter 13.28


13.28.010    Purpose.

13.28.020    Definitions.

13.28.030    Collection and disposal required.

13.28.040    Refuse service application.

13.28.050    Service interruption.

13.28.060    Inspection authority.

13.28.070    Account responsibility.

13.28.080    Accumulation of refuse.

13.28.090    Refuse container – Location.

13.28.100    Public litter cans.

13.28.110    Dangerous waste.

13.28.120    Nuisance waste.

13.28.130    Grease and swill.

13.28.140    Repealed.

13.28.150    Refuse service charge.

13.28.160    Charges – Commencement.

13.28.170    Violation and enforcement.

13.28.010 Purpose.

The purpose of this chapter is to regulate the collection and disposal of refuse within the town. (Ord. 1092 § 1, 1998)

13.28.020 Definitions.

For the purpose of this chapter, the terms set out in this section shall have the meanings indicated.

A. “Ashes” means the residue including any air pollution flue dusts from combustion or incineration of material including solid wastes.

B. “Base charge” means the monthly cost to make refuse service available to the customer.

C. “Compactor” means a self-contained commercial trash receptacle used to reduce the size of waste material through compression into its body and which container can then be hauled for disposal as a single unit.

D. “Container” means a device used for the collection, storage, and/or transportation of refuse including but not limited to reusable containers, disposable containers, detachable containers and tanks, fixed or detachable.

E. “Customer” means any person(s), firm, or corporation that is furnished refuse service by the town.

F. “Dangerous wastes” means any solid waste designated as dangerous waste by the Department under Chapter 173-303 WAC.

G. “Demolition waste” means solid waste, largely inert waste, resulting from the demolition or razing of buildings, roads and other manmade structures. Demolition waste consists of, but is not limited to, concrete, brick, bituminous concrete, wood and masonry, composition roofing and roofing paper, steel, and minor amounts of other metals like copper. Plaster (i.e., sheet rock or plaster board) or any other material, other than wood, that is likely to produce gases or a leachate during the decomposition process and asbestos wastes are not considered to be demolition waste for the purposes of this regulation.

H. “Department” means the Washington State Department of Ecology.

I. “Detachable containers” means reusable containers that are mechanically loaded or handled such as a dumpster or drop box.

J. “Disposable containers” means containers that are used once to handle refuse such as plastic bags, cardboard boxes and paper bags.

K. “Disposal” or “deposition” means the discharge, deposit, injection, dumping, leaking, or placing of any refuse into or on any land or water.

L. “Facility” means all contiguous land (including buffer zones) and structures, other appurtenances, and improvements on the land used for solid waste handling.

M. “Garbage” means unwanted animal and vegetable wastes and animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food, swill and carcasses of dead animals, and of such a character and proportion as to be capable of attracting or providing food for vectors, except sewage and sewage sludge.

N. “Liquid” means a substance that flows readily and assumes the form of its container but retains its independent volume.

O. “Medical waste” means all the infectious and injurious waste originating from a medical, veterinary, or intermediate care facility.

P. “Nuisance waste” means small items, such as ashes, cigarette butts, loose paper, styrofoam packing chips, etc., which can blow away in the wind when being dumped or transported. “Nuisance waste” shall also include animal fecal matter and materials used as litter box media such as sand, clay or other material designed or used for indoor animal waste collection.

Q. “Putrescible waste” means refuse which contains material capable of being decomposed by micro-organisms.

R. “Refuse” means all putrescible and nonputrescible solid and semisolid and liquid wastes, including but not limited to garbage, rubbish, ashes, swill, demolition and construction wastes, and discarded commodities, except where such materials are the primary waste products of public, private, industrial, commercial, mining, and agricultural operations.

S. “Refuse service charge” means the combination of base charge and use charge.

T. “Reusable containers” means containers that are used more than once to handle refuse such as garbage cans.

U. “Sludge” means a semisolid substance consisting of settled sewage solids combined with varying amounts of water and dissolved materials generated from a wastewater treatment plant or other source.

V. “Solid waste handling” means the management, storage, collection, transportation, treatment, utilization, processing or final disposal of solid wastes, including the recovery and recycling of materials from solid wastes, the recovery of energy resources from such wastes or the conversion of the energy in such wastes to more useful forms or combinations thereof.

W. “Storage” means the holding of refuse materials for a temporary period.

X. “Transfer station” means a permanent, fixed, supplemental collection and transportation facility, used by persons and route collection vehicles to deposit collected refuse from off-site into a larger transfer vehicle for transport to a solid waste handling facility. Transfer stations may also include recycling facilities.

Y. “Use charge” means the monthly charge for the volume of refuse collected by the town.

Z. “Vector” means a living animal, insect or other arthropod which transmits an infectious disease from one organism to another. (Ord. 1719 § 1, 2021; Ord. 1695 § 1, 2020; Ord. 1093 § 1, 1998; Ord. 1092 § 2, 1998)

13.28.030 Collection and disposal required.

A. The town refuse collection and disposal system shall be the sole provider of refuse service within the town.

B. The administration of the refuse collection and disposal system shall be the responsibility of the town administrator or his/her designee.

C. The owner and occupant of any premises on which refuse is accumulated shall collect and dispose of said refuse in accordance with this chapter.

D. It is unlawful for any person to bury, burn, dump, collect, remove or in any other manner dispose of refuse upon any street, alley, public place or private property within the town, other than as provided in this chapter. (Ord. 1092 § 3, 1998)

13.28.040 Refuse service application.

A. The owner of any parcel of land on which refuse is accumulated shall establish a refuse utility account with the town.

B. Each separate parcel of land on which refuse is accumulated shall be required to have a separate refuse utility account, except as follows:

1. A single account may authorize town refuse services to more than one parcel if the parcels are under one ownership and share a common boundary. In the event common ownership is terminated because title to any one or more of the parcels is transferred to a new owner, refuse service shall be terminated unless, prior to or within 30 days of the transfer of title, new refuse account applications shall have been approved for all of the newly created parcels; or

2. A single account may authorize town refuse services to more than one parcel if:

a. All of the benefited parcels are within an approved planned residential development which is located in a multifamily residential district of the town; and

b. The owners of all such parcels will be members of a homeowner association incorporated under the laws of the state of Washington; and

c. The incorporated homeowner association obtains approval for a refuse account to serve all such parcels; and

d. The incorporated association also takes all necessary steps to become solely responsible for payment of all bills for town refuse services and all other town utility services delivered or available to such parcels, or any of them, including, but not limited to, water, sewer and storm sewer.

C. The refuse account application shall be filed with the town administrator, stating the name and address of the owner of the property to be serviced. The applicant shall include a statement that all facts are true and correct, and that the applicant agrees to conform to the rules and regulations of the town. The owner or his/her authorized agent shall sign the application. (Ord. 1309 § 1, 2006; Ord. 1092 § 4, 1998)

13.28.050 Service interruption.

The town’s refuse collection service may be temporarily discontinued at any time without notice, for any necessary purpose. The town shall not be responsible for any damage incurred on the premises of the customer by this action. (Ord. 1092 § 5, 1998)

13.28.060 Inspection authority.

Upon request of the town, a designated employee shall be allowed access during reasonable hours to any premises on which refuse is accumulated for the purpose of inspecting for compliance with this chapter. (Ord. 1092 § 6, 1998)

13.28.070 Account responsibility.

Except as otherwise provided herein, all accounts for refuse service charges shall be kept in the name and address of the legal property owner and not in the name of a tenant, and the owner shall be responsible for all refuse service charges. For those condominiums and planned residential developments which are served by only one water meter, responsibility for the refuse account shall be in the name and address of the owner’s association that represents all of the owners of the condominium units or the parcels in the planned residential development. (Ord. 1317 § 3, 2006; Ord. 1092 § 7, 1998)

13.28.080 Accumulation of refuse.

A. Storage Regulations.

1. The owner and occupant of any premises on which refuse is accumulated shall be responsible for the safe and sanitary storage of all such refuse.

2. The owner and occupant of any premises on which refuse is accumulated shall store all refuse in containers that meet the following requirements:

a. Disposable containers shall be sufficiently strong to allow lifting without breakage and shall be equal to or less than 32 gallons in capacity and shall not weigh more than 45 pounds when fully loaded;

b. Reusable containers, except for detachable containers, shall be:

i. Rigid and durable;

ii. Corrosion resistant;

iii. Nonabsorbent and water tight;

iv. Rodent-proof and easily cleanable;

v. Equipped with a close fitting cover;

vi. Suitable for handling with no sharp edges or other hazardous conditions;

vii. Equal to or less than 32 gallons in volume; and

viii. Shall not weigh more than 45 pounds when fully loaded.

c. Detachable containers shall be durable, corrosion-resistant, nonabsorbent, nonleaking and shall have a solid or screen cover and shall be placed on a concrete pad or other comparable surface, provided and maintained by the customer.

B. Collection and Transportation Standards.

1. All persons collecting or transporting refuse shall avoid littering or the creation of other nuisances at the loading point, during transport and at a transfer station, or other solid waste handling site.

2. Vehicles or containers used for the collection and transportation of refuse shall be tightly covered or screened where littering may occur, durable and of easily cleanable construction. Where garbage is being collected or transported, containers shall be cleaned as necessary to prevent nuisances, odors and insect breeding and shall be maintained in good repair.

3. Vehicles or containers used for the collection and transportation of any refuse shall be loaded and moved in such manner that the contents will not spill or leak. Where such spillage or leakage does occur, the refuse shall be picked up immediately by the collector or transporter and returned to the vehicle or container and the area properly cleaned.

4. All persons commercially collecting or transporting refuse shall inspect collection and transportation vehicles monthly, for repairs to containers such as missing or loose-fitting covers or screens, leaking containers, etc., and maintain such inspection records at the facility normally used to park such vehicles or such other location that maintenance records are kept. Such records shall be kept for a period of at least two years, and be made available to San Juan County department of health and community services upon request. (Ord. 1723 § 1, 2021; Ord. 1092 § 8, 1998)

13.28.090 Refuse container – Location.

A. On collection day disposable and reusable containers shall be placed adjacent to the public way or such other place as may be authorized by the town so as to be readily accessible for collection. At all other times such containers shall be kept in the rear of the premises or such other place as may be authorized by the town.

B. Refuse accumulated at multifamily structures with more than two units and at all trailer courts shall be deposited only in detachable containers for collection by the town. Such containers shall be placed in a location authorized by the town. (Ord. 1092 § 9, 1998)

13.28.100 Public litter cans.

The litter cans placed on the sidewalk by the town are to be used only for litter control purposes. Persons depositing refuse in said litter cans shall be in violation of this chapter. (Ord. 1092 § 10, 1998)

13.28.110 Dangerous waste.

Dangerous and hazardous waste shall not be placed in refuse containers for collection by the town or otherwise offered to the town for collection unless specific arrangements have been approved by the town. (Ord. 1092 § 11, 1998)

13.28.120 Nuisance waste.

Nuisance waste deposited into a refuse container or reusable container must be placed within a separate sealed or tied bag or nonspillable containment unit. (Ord. 1719 § 2, 2021; Ord. 1092 § 12, 1998)

13.28.130 Grease and swill.

Grease and swill must be sealed in leakproof containers, labeled as such and not mixed with other refuse. (Ord. 1092 § 13, 1998)

13.28.140 Outdoor burning regulations.

Repealed by Ord. 1693. (Ord. 1479 § 2, 2011; Ord. 1092 § 14, 1998)

13.28.150 Refuse service charge.

The following tables shall be the charges for refuse collection and disposal by the town:

A. Base Charge.

Refuse base charge

$4.00 per month per account

B. Use Charge.

32-gallon can


1-yard dumpster


1-1/2-yard dumpster


2-yard dumpster


Clean cardboard (recycle)

$7.50 per cubic yard

Yard waste

$2.00 per 32-gallon can


$2.00 per 32-gallon can

C. Compactor Charge.

Compactor base charge

$140.00 per month

Labor base charge

$55.00 per pickup

Administration/overhead charge

$19.50 per pickup

Applicable transport charge

Actual cost for ferry transportation

Disposal charge

Actual disposal cost by weight

Compactor cleaning (as needed)


D. All refuse service billings are due and payable by the tenth of the month following billing. Service to accounts will be discontinued on the fiftieth day following the billing date unless the account is paid in full.

E. The refuse service charge shall be increased or decreased so as to derive the required revenue to accomplish the tasks as outlined in the refuse budget as adopted by the town council. (Ord. 1715 § 1, 2021; Ord. 1695 § 2, 2020; Ord. 1523 § 2, 2013; Ord. 1093 § 2, 1998)

13.28.160 Charges – Commencement.

Refuse service charges shall begin on the first of the month following the establishment of the refuse utility account and shall continue until such time as the account is closed. (Ord. 1093 § 3, 1998)

13.28.170 Violation and enforcement.

A violation of any provision(s) of FHMC 13.28.080 to 13.28.130 is both a public nuisance and Class 4 civil infraction subject to the process and provisions of Chapter 1.18 FHMC. Each day a violation exists may be treated as a separate violation. (Ord. 1532 § 11, 2014; Ord. 1092 § 15, 1998)


Code reviser’s note: Chapter 13.28 FHMC was previously codified as Chapter 8.04 FHMC.