Chapter 13.12
SOLID WASTE1

Sections:

13.12.010    Findings.

13.12.020    Definitions.

13.12.030    Adequate containers required.

13.12.040    Burning garbage prohibited – Roadside dumping prohibited.

13.12.050    Collection days.

13.12.060    Disposal of other refuse than garbage.

13.12.070    Repealed.

13.12.080    Unauthorized collection business prohibited.

13.12.090    Account payment.

13.12.100    Rate increase notice.

13.12.105    Solid waste utility taxes.

13.12.120    Delinquent accounts.

13.12.130    Violation – Penalty.

13.12.140    Severability.

13.12.010 Findings.

The maintenance of health and sanitation require that the collection, removal and disposal of solid waste within the city of Milton shall be compulsory and universal. (Ord. 425 § 1, 1959).

13.12.020 Definitions.

A. “Solid waste” means waste and discarded and recyclable materials from dwellings, flats, roominghouses and business establishments. Said waste and discarded material means normal household waste. Articles such as rocks, discarded furniture and appliances and miscellaneous objects that cannot be placed in a container the size of a garbage can with the lid tightly closed will not be accepted as solid waste and will not be accepted for removal and disposal by the city.

B. “Person” shall mean every natural person, firm, copartnership, association or corporation. (Ord. 1826 § 1, 2013; Ord. 425 §§ 2, 3, 1959).

13.12.030 Adequate containers required.

It shall be the duty of anyone in charge of a single or multiple dwelling, school, business, manufacturing or industrial establishment where solid waste is created or accumulates to cause to be kept adequate containers for the deposit therein of such solid waste by the solid waste service provider. (Ord. 1826 § 2, 2013; Ord. 1495 § 1, 2001; Ord. 836 § 1, 1980; Ord. 425 § 4, 1959).

13.12.040 Burning garbage prohibited – Roadside dumping prohibited.

It is unlawful for any person to burn garbage, refuse, rubbish or debris. Natural vegetation may be burned in the approved manner upon obtaining a permit from the city fire chief or his designee. It is unlawful to dump or deposit any solid waste on any street or roadside or on any public or private property in the city or remove or dispose of the same except as provided by ordinance. (Ord. 836 § 2, 1980; Ord. 425 § 5, 1959).

13.12.050 Collection days.

Solid waste collections shall be made each week on days satisfactory to the solid waste collector. (Ord. 836 § 3, 1980; Ord. 425 § 6, 1959).

13.12.060 Disposal of other refuse than garbage.

Miscellaneous refuse and other disposable materials such as rocks, discarded furniture, appliances, automobile bodies, scrap and other disposable materials that do not qualify as solid waste as defined in MMC 13.12.020 shall be disposed of by the person or persons responsible therefor by making direct arrangements with the garbage collector and payment directly to the garbage collector by such person or persons. In the alternative, the person or persons responsible for such disposable materials may cause the same to be disposed of by any other suitable and proper private methods for transporting and conveying the disposable materials to a regularly established and maintained garbage dump. (Ord. 425 § 7, 1959).

13.12.070 Furnishing complying containers required when.

Repealed by Ord. 1826. (Ord. 425 § 8, 1959).

13.12.080 Unauthorized collection business prohibited.

From and after the effective date of the ordinance codified in this chapter, it is unlawful for any person other than the solid waste department or its agent to engage in the business of collection, removal or disposal of solid waste in the city or for a person other than the solid waste department, its agents or employees to do or perform any of the things required by this chapter to be done or performed by the solid waste department. (Ord. 425 § 9, 1959).

13.12.090 Account payment.

Accounts for the solid waste service shall be billed directly to the customer by the solid waste contractor. (Ord. 1462 § 1, 2000; Ord. 1397 § 1, 1999; Ord. 425 § 10, 1959).

13.12.100 Rate increase notice.

No solid waste collection rate increase shall take effect without compliance with the notice requirements of RCW 35.21.157, as now or hereafter amended. (Ord. 1635 § 1, 2005).

13.12.105 Solid waste utility taxes.

The solid waste collection utility taxes imposed by MMC 5.32.030 as now or hereafter amended shall be charged to solid waste customers in addition to the rates specified in MMC 13.12.100. (Ord. 1567 § 1, 2003).

13.12.120 Delinquent accounts.

If a bill remains unpaid after 60 days from the billing date, the solid waste contractor shall send notification to the customer and property owner that services will be discontinued within 10 working days if payment is not received. The solid waste contractor shall notify the city in writing of noncompliance with the mandatory service section of the Milton Municipal Code. The solid waste contractor cannot impose any financial obligation on a property owner if he was not the customer. (Ord. 1462 § 2, 2000; Ord. 425 § 12, 1959).

13.12.130 Violation – Penalty.

Violation of any of the terms of this chapter is a misdemeanor. Any person or persons violating or failing to comply with any of the provisions of this chapter or any lawful rule or regulation adopted by the council pursuant to this chapter, upon conviction thereof, shall be punished by a fine of $50.00 per day for each day during which the violation of this chapter is continued, but not to exceed $500.00, or by imprisonment in jail for a term not to exceed 90 days, or by both such fine and imprisonment. (Ord. 1462 § 3, 2000; Ord. 836 § 5, 1980; Ord. 425 § 14, 1959).

13.12.140 Severability.

If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion of this chapter. (Ord. 1462 § 4, 2000).


1

Code reviser’s note: The terms “garbage” and “refuse” are synonymous with “solid waste.”