Chapter 7.12
SOLID WASTE AND RECYCLING COLLECTION*

Sections:

7.12.010    Duty to deposit solid waste in containers.

7.12.020    Solid waste and recycling containers – Specifications.

7.12.040    Location and placement of solid waste and recycling containers.

7.12.050    Dead animals – Disposal of carcasses.

7.12.060    Disposal of solid waste and recyclable material to comply with chapter.

7.12.070    Allowing solid waste or recyclable material to accumulate.

7.12.080    Recreational vehicle sewage disposal facility – Solid waste container – Restricted use.

7.12.090    Use of solid waste receptacles and receptacles for recyclable materials.

7.12.100    Anti-scavenging.

7.12.130    Compliance and penalties.

7.12.180    Severability.

7.12.190    Interpretation.

*For the statutory provisions regarding the authority of cities and towns to provide for collection and disposal of solid waste and to award contracts therefor, see RCW 35.21.120; for provisions providing that health and welfare shall be governed by the general law, see RCW 35A.11.030; for provisions enabling cities to require all inhabitants to use the city system and to set the fee, see RCW 35.21.130; for provisions empowering code cities to enforce local regulations, see RCW 35A.21.161.

7.12.010 Duty to deposit solid waste in containers.

(1) It is the duty of every person in possession, charge or control of any dwelling, flat, rooming house, apartment house, trailer park, RV, or mobile home, hospital, hotel, school, club, restaurant, boarding or eating house, or in possession, charge or control of any public or private event, place of business or manufacturing establishment where solid waste or offal is or may be created or accumulated within the city limits to keep or cause to be kept in solid waste containers, and as determined appropriate (including the type, size and location) by the director of community development, or his/her designee, to be provided by the city, or by a solid waste collection and disposal company with whom the city has entered into a contract; and to deposit or cause to be deposited such accumulation therein, except as hereinafter provided.

(2) All residential customers and commercial customers as now or may hereafter be provided with a container for recyclable materials shall place all recyclable materials in a container as specified in LMC 7.12.020(2).

(3) All establishments in the business of selling prepared food and drink, including, but not limited to, boarding houses, hotels, motels, food stores, and private and public meeting places where banquets are held, shall provide for containers of the size and type specified in LMC 7.12.020(3).

(4) All solid waste deposited in containers, as herein provided, must be contained in paper, plastic or other similar material. (Ord. 3105 § 1, 2009; Ord. 2355 § 2, 1989; Ord. 2294 § 1, 1987; Ord. 1016 § 1, 1959; Ord. 594 § 1, 1950).

7.12.020 Solid waste and recycling containers – Specifications.

(1) All solid waste must be placed in molded plastic, watertight containers provided by the city, or provided by solid waste disposal contractors with whom the city has a contract, except as otherwise provided herein. Twenty-, 30- and 40-yard capacity roll-off containers may be used in commercial areas with large volumes of solid waste as determined by the director of community development or his/her designee.

(2) All recyclable materials must be placed in molded plastic, watertight containers specified for the recyclable materials as provided by the city, or provided by solid waste disposal contractors or recycling companies with whom the city has a contract.

(3) All establishments that are in the business of selling prepared food and drink shall have at the exit from their establishment solid waste containers for the convenience of their patrons. (Ord. 3105 § 1, 2009; Ord. 2355 § 3, 1989; Ord. 2294 § 2, 1987; Ord. 1016 § 1, 1959).

7.12.040 Location and placement of solid waste and recycling containers.

(1) Solid waste container service will be provided to residential and commercial customers with containers determined appropriate by the director of community development or his/her designee. Placement and location of each solid waste container shall be at the discretion of the director of community development or his/her designee. Each residential customer with individual roll-out containers for curbside or alley pickup service shall be responsible for placement at curbside or in the alley on days scheduled for regular or special collection. Additional individual roll-out solid waste containers may be issued at an additional charge, alley solid waste containers may be relocated, and solid waste containers may be added or removed as needs change, all at the discretion of the director of community development or his/her designee.

(2) Each residential customer and other customers as determined by resolution of the city council will be provided with recycling service. Placement and location of each recycling container shall be the same as the solid waste container as provided herein. However, recycling service may be denied or terminated if the director of community development, or his/her designee, determines the use of such recycling container is not in compliance with this chapter.

(3) No residential solid waste or recyclable materials container shall be placed along a public street, alley or right-of-way, on a public sidewalk, or on other public property any sooner than 24 hours before the time of collection. All residential solid waste or recyclable material containers shall be removed from public areas within 24 hours of the time of collection, except when such established day for collection falls on a designated holiday, in which case collection will be conducted on the next succeeding workday, and the containers shall be removed and replaced to their appropriate storage location by the morning following collection. (Ord. 3105 § 1, 2009; Ord. 2355 § 4, 1989; Ord. 2294 § 3, 1987; Ord. 1016 § 1, 1959).

7.12.050 Dead animals – Disposal of carcasses.

(1) The carcasses of dead animals, other than horses, cows, sheep, goats or hogs, shall be removed and disposed of by the property owner where the animal is found dead, with an agency as approved by the director of community development or his/her designee.

(2) It shall be the duty of the owner or keeper of any horse, cow, sheep, goat or hog which is found dead within the city limits to haul or cause to be hauled away the carcass of such animal to a state licensed rendering plant, within 24 hours of the death of such animal, at the sole expense of the owner; provided, however, this subsection shall not apply to such of said animals as may have been slaughtered for human consumption. If the owner or keeper is not known for purposes of this subsection (2), then it shall be the responsibility of the property owner where the animal is found dead to haul or cause to be hauled away the carcass in compliance with this same subsection (2). (Ord. 3105 § 1, 2009; Ord. 2294 § 4, 1987; Ord. 972 § 1, 1958).

7.12.060 Disposal of solid waste and recyclable material to comply with chapter.

(1) It is unlawful for any person to burn, dump, collect, remove or in any other manner dispose of solid waste upon or over any of the streets, alleys, public places or private property within the city otherwise than as herein provided.

(2) It is unlawful for any person to bury or dump waste paper, boxes, leaves, trash, debris, grass, woods and cuttings from trees, lawns, shrubs and gardens upon the street, alley or public place in the city, except this shall not prevent any person from raking leaves from the property he/she owns or occupies, in the fall, into gutters where the same will be picked up by the city street department.

(3) It is unlawful for any person to deposit any substance whatsoever into a solid waste or recyclable material container except as provided herein and only if such person maintains a residence or a licensed place of business within the city, and such person, or the business by whom such person is employed, is a customer of the solid waste and recycling division of the city and such person dumps such solid waste or recyclable material into the container specified for his/her use. (Ord. 3105 § 1, 2009; Ord. 2294 § 8, 1987; Ord. 1016 § 1, 1959).

7.12.070 Allowing solid waste or recyclable material to accumulate.

(1) It is unlawful for the occupant, owner or agent of the owner of any premises in the city to permit thereon any solid waste or recyclable material to accumulate on such premises, except nothing herein contained shall prevent the temporary retention of solid waste or recyclable material in receptacles in a manner provided for herein.

(2) It is unlawful for the occupant, owner or agent of the owner of any premises in the city to allow solid waste or recyclable material to accumulate in a city alley and/or city street abutting such premises. The director of community development, or his/her designee, shall notify by letter or authorized form any such person who causes accumulation of solid waste and/or recyclable material to have such removed by such person or by the city solid waste and recycling division, or by the solid waste disposal contractor with whom the city has a contract. If the solid waste and/or recyclable material is not removed, the solid waste and recycling division, or the solid waste disposal contractor with whom the city has a contract, shall cause the same to be removed and a charge shall be made to the person for whom removal is effected at the special pickup rate established by LMC 7.16.030. (Ord. 3105 § 1, 2009; Ord. 2355 § 5, 1989; Ord. 1016 § 1, 1959).

7.12.080 Recreational vehicle sewage disposal facility – Solid waste container – Restricted use.

The city, or the contractor with whom the city has a solid waste disposal contract, shall maintain a solid waste container at or near the site of the recreational vehicle sewage disposal facility of the city for the disposal of solid waste from recreational vehicles only. It is unlawful to deposit solid waste into such container except by occupants of a recreational vehicle in connection with or as incidental to the disposal of waste into the sewage disposal facility. (Ord. 3105 § 1, 2009; Ord. 2355 § 6, 1989; Ord. 2294 § 9, 1987).

7.12.090 Use of solid waste receptacles and receptacles for recyclable materials.

Except for receptacles situated in public places such as parks, public buildings, public streets and rights-of-way, and public parking lots, such receptacles are intended as depositories of materials generated only by customers to which specific receptacles have been assigned. The following is hereby prohibited:

(1) Depositing of materials in solid waste or recycling receptacles located in residential areas of the city except by persons specifically assigned the use of such receptacle;

(2) Depositing of materials in solid waste receptacles located in commercial areas of the city except by persons specifically assigned the use of such receptacles or others permitted by such persons to deposit materials in such receptacles;

(3) Depositing of materials in solid waste or recycling receptacles located in public parks, in or on the grounds of public buildings, public streets or rights-of-way, or in public parking lots, which materials were not generated by activities taking place in such public parks, public buildings or parking lots. Materials consisting of three cubic feet in volume or less removed or taken from a motor vehicle shall be deemed to have been generated in such public parks, public buildings or parking lots;

(4) Depositing anything other than recyclable materials in a recycling receptacle or container;

(5) Depositing anything in receptacles that is to be disposed of in a different manner as described in LMC 7.12.010. (Ord. 3105 § 1, 2009; Ord. 2878 § 1, 2004).

7.12.100 Anti-scavenging.

Except for the contractor with whom the city of Longview has a solid waste disposal and/or recycling contract, and except for the solid waste and recycling division and except with the consent of the person, firm or corporation that has caused or placed solid waste or recyclable materials into such container or the customer assigned to such container, no person shall remove any solid waste or recyclable materials, or other solid waste from any individual solid waste container or receptacle, multi-consumer solid waste receptacle, roll-off container, drop box or other container designed and designated for the disposal of solid waste or recyclable materials. (Ord. 3105 § 1, 2009; Ord. 2878 § 2, 2004).

7.12.130 Compliance and penalties.

The city, or the contractor with whom the city has a solid waste disposal contract, will conduct random inspections of those recycling containers placed out for collection. If it is determined that nonrecyclable solid waste exists within the recyclable material set out for collection, that particular recyclable container will be processed as follows:

(1) Residential Accounts.

(a) Upon the first inspection in which non-recyclable solid waste is found within a recycling container, a notice of first violation shall be placed on the recycling container and such container shall be collected. The notice will inform the owner or occupant that nonrecyclable solid waste was found in their recycling container. In addition, the notice will also inform the owner or occupant that their address will be placed on a reinspection list.

(b) Should additional nonrecyclable solid waste be found within the same recycling container a second time within three months from the date of the first violation notice, a second violation notice shall be placed on the recycling container with information provided as noted in subsection (1)(a) of this section and such container shall be collected.

(c) Upon issuance of the second violation notice, the city will send a letter to the owner or occupant with information about the continued recycling violations and if nonrecyclable solid waste is found within the recycling container a third time within three months from the date of the second violation notice, the recycling container shall be removed.

(d) Upon the discovery of nonrecyclable solid waste within the recycling container a third time, a second letter shall be sent to the owner or occupant of the residence informing them that the recycling container is going to be removed. The owner or occupant of the residence shall have 10 calendar days from the date of the second letter to make a request to the director of community development, or his/her designee, to reconsider the removal of the recycling container. The decision of the director of community development or his/her designee shall be final.

(e) Whenever a recycling container has been removed pursuant to subsection (1)(d) of this section, the owner or occupant may request reinstatement of their recycling services after a period of six months of the removal of such container. The determination of reinstatement of the use of the recycling container shall be based upon the sole determination of the director of community development, or his/her designee.

(f) A nonoccupying owner of the residence may request reinstatement of recycling services at any time if there is a change in the occupants of the residence. The decision of reinstatement of the use of the recycling container shall be determined by the director of community development, or his/her designee, and such decision shall be final.

(2) Multifamily-Apartment or Commercial Accounts.

(a) Upon the first inspection in which nonrecyclable solid waste is found within a recycling container, a notice of first violation shall be placed on the recycling container and such container shall be collected. The city shall send a letter to the owner and/or management agency of the multifamily-apartment complex informing them why the recycling container was tagged and that their address will be placed on a reinspection list.

(b) Should additional nonrecyclable solid waste be found within the recycling container a second time within three months from the date of the first violation notice, a second violation notice shall be placed on the recycling container and a second letter shall be sent to the owner and/or management agency providing information as to why the recycling container was tagged and collected. The second letter shall contain information to the owner and/or management agency advising them that if nonrecyclable solid waste is found within the recycling container a third time within three months from the issuance of the second violation notice, the city shall have the recycling container(s) removed and replaced by an equal number of solid waste containers.

(c) Upon the discovery of nonrecyclable solid waste within the recycling container a third time, a third letter shall be sent to the owner and/or management agency informing them that the recycling containers shall be removed. If the multifamily-apartment complex is set up with the shared 300-gallon garbage and recycling containers, the recycling containers shall be removed and replaced with an equal number of solid waste containers. If the multifamily-apartment complex is set up with individual 90-gallon garbage containers and shared 300-gallon recycling containers, the recycling containers shall be removed and no additional garbage containers will be provided. The owner and/or management agency shall have 10 calendar days from the date of the third letter to make a request to the director of community development, or his/her designee, to reconsider the removal of the recycling container(s); the decision of the director of community development or his/her designee shall be final.

(d) For those multifamily or apartment complexes that share the 300-gallon garbage and recycling containers and had their recycling containers removed and replaced with an equal number of solid waste containers as noted in subsection (2)(c) of this section, the rate classification for the multifamily-apartment account will change from a per unit charge, as defined in the applicable rate resolution, to that of a commercial account. The new charge for solid waste will be based on the number of tubs assigned for the multifamily-apartment complex and the number of picks per week for collection, as determined appropriate by the director of community development or his/her designee. For those multifamily or apartment complexes that have individual 90-gallon garbage containers and shared the 300-gallon recycling containers and had their recycling containers removed with no additional garbage containers provided as noted in subsection (2)(c) of this section, the rate classification for these multifamily-apartment accounts will change from a per unit charge, as defined in the applicable rate resolution, to that of a residential account.

(e) Whenever a recycling container has been removed pursuant to subsection (2)(c) of this section, the owner or management agency may request reinstatement of their recycling services after a period of six months of the removal of such container. The decision of reinstatement of the use of the recycling container shall be determined by the director of community development, or his/her designee, and such decision shall be final. (Ord. 3211 § 1, 2012; Ord. 3105 § 1, 2009).

7.12.180 Severability.

If any section, subsection, sentence, clause, phrase, words or word of this chapter is for any reason found to be unconstitutional or otherwise invalid, such unconstitutionality or invalidity shall not affect the constitutionality or validity of the remaining portions of this chapter, it being expressly declared that each section, subsection, sentence, clause, phrase, words or word would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, words or word be declared or otherwise found unconstitutional or invalid for any reason. (Ord. 3105 § 1, 2009).

7.12.190 Interpretation.

In the event any other city ordinance, whether or not codified, is in conflict with any of the terms of this chapter, the more stringent shall be construed as applicable. (Ord. 3105 § 1, 2009).