Chapter 7.04
GARBAGE AND REFUSE*

Sections:

7.04.010    Disposal in compliance with chapter required.

7.04.020    Definitions.

7.04.030    Garbage and refuse containers.

7.04.040    Methods of disposal – Mandatory garbage collection service.

7.04.050    Penalties for violation.

*    For collecting business regulated, see Chapter 5.08 LMC.

7.04.010 Disposal in compliance with chapter required.

All persons, associations, and corporations in the city of Lynnwood shall store and dispose of garbage and refuse in the manners prescribed in this chapter. (Ord. 21 § 1, 1959)

7.04.020 Definitions.

For the purpose of this chapter, the following definitions shall apply:

“Garbage” means all putrescible wastes, except sewage and body wastes and shall include all such substances from all public, private establishments, and from all residences.

“Refuse” means garbage, rubbish, ashes, and all other putrescible and nonputrescible wastes except sewage and body wastes from all public and private establishments. (Ord. 21 § 2, 1959)

7.04.030 Garbage and refuse containers.

Garbage and refuse shall be stored in containers of types approved by the health officer or other person designated by the mayor. Such containers shall be watertight with raised bottoms and fitted with a tight cover and must be readily emptied or transported to dump sites without spillage; provided further, that dry refuse may be placed in cartons and stored neatly in such a manner that it will not lead to the loss or distribution of said refuse in the city. (Ord. 21 § 3, 1959)

7.04.040 Methods of disposal – Mandatory garbage collection service.

A. The city council finds that all residents, property owners, and other citizens benefit from the orderly, timely, and sanitary disposal of garbage, refuse and solid waste, and that mandatory and universal garbage collection service is important to maintain the health, safety and general welfare of the citizens of the city.

B. All persons or entities shall use a solid waste collector, licensed by the appropriate state agency, to remove, transport and dispose of all garbage, refuse and other solid waste created, generated, or accumulated by, on or at any premises or other property owned or controlled by that person or entity, and to that end it shall be the duty of each such person or entity to obtain garbage collection service from a licensed solid waste collector; provided, that the following shall not be a violation of this subsection (B):

1. Nonregular or Occasional Basis. A person or entity who is not a solid waste collector may remove, transport, and dispose of accumulations of solid waste from the person’s or entity’s own property or the property of another person or entity on a nonregular and occasional basis for disposal at a disposal facility or for waste recycling if in doing so the person or entity would not be required to have a certificate of convenience and necessity issued by the Washington State Utilities and Transportation Commission pursuant to Chapter 81.77 RCW as now existing or as hereafter amended; provided, that this exception does not excuse the person or entity from complying with the mandatory requirement of this section to obtain regular garbage collection service from a licensed solid waste collector;

2. Abandoned or Junk Vehicles. Removal of abandoned or junk vehicles is not the responsibility of a solid waste collector, and abandoned or junk vehicles may be removed from a property and disposed of pursuant to the provisions of Chapter 10.08 LMC, as now existing and as may be hereafter amended;

3. Construction and Demolition Waste. Construction and demolition waste from a property must be removed, transported, and disposed of at a disposal facility by the person or entity in charge of the property or by someone acting at that person’s or entity’s direction, or the construction or demolition waste may be removed, transported, and disposed of by a licensed solid waste collector;

4. Dead Animals. Every person or entity in charge of a property upon which a dead animal is located shall immediately cause the carcass to be (a) preserved or interred so as to be incapable of attracting or providing food for vectors; (b) delivered to an appropriate facility for scientific or educational study purposes; (c) cremated; or (d) removed for disposal by an animal control officer. A solid waste collector is not responsible for removing the carcass of a dead animal;

5. Dangerous Wastes. Dangerous wastes shall not be removed from a property by a solid waste collector regularly servicing that property unless the solid waste collector has agreed with the person or entity in charge of the property to do so and that person or entity has complied with the requirements for removal of the dangerous waste, if any, of the solid waste collector. Otherwise, the removal, transport and disposal of dangerous waste is the responsibility of the person or entity in charge of the property. For purposes of this subsection, “dangerous waste” shall be defined as any solid waste designated as dangerous waste by the state Department of Ecology under Chapter 173-303 WAC, as now existing or as may be hereafter amended, and also known as “hazardous waste” under Chapter 70.105 RCW, as now existing or as may be hereafter amended;

6. Problem Wastes. Problem wastes shall not be removed from a property by a solid waste collector. Removal, transport and disposal of problem waste is the responsibility of the person or entity in charge of the property. For purposes of this section, “problem waste” shall be defined as (a) soils removed during the cleanup of a remedial action site, or a dangerous waste site, or from such other cleanup efforts and actions that contain harmful substances but are not designated as dangerous wastes, or (b) dredge spoils resulting from the dredging of surface waters of the state where contaminants are present in the dredge spoils at concentrations not suitable for open water disposal and the dredge spoils are not dangerous wastes and are not regulated by Section 400 of the Federal Clean Water Act, as now existing and as may hereafter be amended;

7. Septage. Septage shall not be removed from a property by a solid waste collector. Removal, transport and disposal of septage from a property is the responsibility of the person or entity in charge of the property. For purposes of this section, “septage” shall be defined as a semisolid consisting of settled sewage solids combined with varying amounts of water and dissolved materials generated from a septic tank system; and

8. Yard Waste. Yard waste from a property must be removed, transported, and disposed of by the person or entity in charge of the property or by someone acting at the person’s or entity’s direction, or it may be removed by a solid waste collector. (Ord. 3108 § 1, 2015; Ord. 21 § 4, 1959)

7.04.050 Penalties for violation.

A. Violations of this chapter shall be punishable by a fine of not over $100.00 for each violation, or imprisonment for 30 days, or both.

B. As an alternative to the penalty stated in subsection (A) of this section, the city may pursue any other penalty or remedy for violations of this chapter authorized by the city code or other law, including but not limited to the procedures and penalties authorized under Chapters 1.40 and 10.08 LMC. (Ord. 3108 § 2, 2015; Ord. 21 § 5, 1959)