Chapter 8.06


8.06.010    Purpose of chapter.

8.06.020    Definitions.

8.06.030    Solid waste management standards.

8.06.040    General collection service levels.

8.06.050    Garbage collection service levels.

8.06.060    Unlawful accumulations.

8.06.070    Franchising.

8.06.080    Enforcement officers and procedures.

8.06.090    Violations—Penalties.

8.06.010 Purpose of chapter.

This chapter is created to:

A.    Encourage the management of solid waste according to the priorities defined in RCW 70.95.010 and the Grays Harbor County comprehensive solid waste management plan;

B.    To establish a system for collection, removal and disposal of garbage, refuse, and other forms of solid waste, which shall be compulsory and mandatory for all persons, dwellings, and business establishments within the city of Ocean Shores;

C.    Set minimum solid waste and recycling collection service levels for solid waste haulers;

D.    Define solid waste collection rate objectives that provide incentive for waste reduction and recycling;

E.    Set standards for the provision of recycling opportunities to citizens of the city.

(Ord. 812 §§ 1, 2, 2006; Ord. 543 § 2, 1992)

8.06.020 Definitions.

The following definitions shall apply to this chapter:

A.    “City” means the city of Ocean Shores.

B.    “Compulsory system” means the compulsory and mandatory collection, removal and disposal of garbage, refuse, or other forms of solid waste.

C.    “Contamination” means nonrecyclable solid waste mixed with recyclable solid waste.

D.    “Generator” means the person responsible for collecting, separating and/or depositing solid waste in approved containers.

E.    “Haulers” means all Washington Utilities and Transportation Commission certified solid waste haulers.

F.    “Improvements” means a residential, multifamily or commercial structure on any real property.

G.    “Multifamily residence” means a building designed exclusively for residential purposes for occupancy by two or more families living separately from each other.

H.    “Recyclable plastic containers” means all plastic containers that can be collected and recycled without undue expense as determined by the city. These plastics may include, but are not limited to, polyethylene terepthalate (PET) and high-density polyethylene (HDPE) containers.

I.    “Single-family residence” means a detached building designed exclusively for occupancy by one family and containing one dwelling unit.

J.    “Solid waste” means all putrescible and nonputrescible solid and semisolid waste including, but not limited to: garbage, rubbish, ashes, industrial waste, swill, demolition and construction waste, abandoned vehicles or parts thereof and recyclable materials.

(Ord. 812 §§ 3, 4, 2006; Ord. 695 § 3, 2000; Ord. 543 § 3, 1992)

8.06.030 Solid waste management standards.

The following standards shall apply to the application of this chapter:

A.    Every owner of real property, who has residential or commercial improvements upon said property within the city boundaries, and who generates solid waste on a regular or irregular basis, must provide for the collection, removal, and disposal of such by subscribing with the franchised hauler contracted by the city of Ocean Shores for collection service.

B.    Multifamily Recycling. The owner or manager of each multifamily dwelling within the city shall provide occupants with recycling opportunities similar to those available to single-family households. Collection containers shall be provided for each residence to collect newspapers, mixed waste paper, cardboard, glass containers, tin and aluminum cans and recyclable plastic containers.

C.    Antiscavenging. Materials placed in recycling containers shall remain the property of the generator until the hauler delivers such materials to a recycling facility. Removal of such materials from these containers by parties without the permission of the generator using the containers shall be a Class C criminal offense as that crime is defined by Sections 7.01.040 and 7.01.050 of this code.

D.    Theft of Service. Utilization of garbage or recycling collection services without the establishment of an active account with the appropriate hauler shall be a Class C offense as that crime is described by Sections 7.01.040 and 7.01.050 of this code.

E.    Unlawful Dumping. It is unlawful to dump or deposit any garbage or refuse upon any street or alley or on any public or private property except in a receptacle intended for that purpose and with the implied or expressed consent of the owner of the receptacle.

F.    Accessibility of Containers. On the day of collection, it shall be the duty of each garbage customer to place all garbage cans, excess garbage containers, recycling bins and yard waste collection containers in an accessible place abutting the street or alley used by the garbage hauler to serve the subject property. The approved cans, containers or bins shall be situated at the edge of the public right-of-way or at the curb line, if such exists. The owner and/or manager of commercial or multifamily units shall be responsible for siting dumpsters on their property, and dumpsters shall not be placed on streets or city rights-of-way. Arrangements may be made for special collection sites for handicapped persons and multifamily complexes. Customers not complying with the collection site requirements shall be charged an additional fee or passed over without collection, at the option of the hauler. Failure to comply with this provision shall not relieve the customer of the obligation to pay the collection fee for that day.

G.    Litter around Cans. It is the duty of each property owner or renter/lessee of property to keep the area around receptacles free from garbage and litter. The hauler shall not be obligated to clean up garbage or litter around receptacles and shall only be required to dump such garbage and refuse as may be in the container at the time of collection.

(Ord. 812 § 5, 2006; Ord. 695 § 4, 2000; Ord. 543 § 4, 1992)

8.06.040 General collection service levels.

The following service levels shall be imposed on any entity engaged in the business of hauling or transporting solid waste or recyclables for compensation within the city limits:

A.    No person, partnership or corporation shall engage in the business of hauling or transporting residential garbage, refuse or recyclables for compensation within the city without complying with the requirements of this chapter and possessing proper operating authority as determined by the Washington Utilities and Transportation Commission.

B.    The authorized hauler will provide adequate office facilities and phone operators to conveniently handle customer sign-ups, service charges, billings and complaints. Customer service will be the sole responsibility of the hauler. Hauler will also assist the city with the development of a program of promotion and public education activities.

C.    Prior to initiating collection services, the hauler must enter into a binding franchise agreement with the city specifying, among other things, service requirements and a method for calculating rates.

D.    The rate structure adopted by the franchise agreement or as later amended pursuant to the terms of the agreement shall be the rate structure imposed for the services rendered by hauler. Among other things, the rate structure shall take into consideration the following:

1.    Resident Lot Owner’s Service. A combined garbage and recycling incentive which encourages use of totes provided by the franchised hauler and recycling service. The city’s rate objectives are established per ordinance to meet all levels of service.

2.    Nonresident lot owners will secure services as follows:

a.    Dwelling Units. Any lot or parcel with residential or commercial improvements shall follow the solid waste standards as ordained in Section 8.06.030(A).

b.    Nondwelling Units (Recreational Vehicles, Etc.). Owners and users of real property with no improvements will obtain a permit for camping or use of said real property from the police department, and must purchase at least one solid waste disposal bag for each five days of permitted use, at a cost per bag to be set by resolution. These bags may then be deposited, free of charge, at the public works disposal site.

E.    All single-family residential collection services shall be offered to each account on a consistent day of the week in a coordinated manner whenever economically feasible.

F.    Materials will be collected between six-thirty a.m. and five p.m., Monday through Friday.

G.    Materials may be collected on legal holidays or, at the hauler’s discretion, alternate arrangements may be temporarily made as long as materials are collected within two days of each account’s regular collection day.

H.    If collections are missed due to hazardous weather conditions, materials shall be collected, at no additional charge, during that customer’s next regular collection cycle.

I.    Special arrangements on an individual account basis shall be made to allow disabled single-family residential customers full access to all collection services.

J.    An annual report shall be delivered by hauler to the city by April 15th of each year containing (at the minimum) the following data for each month of the prior calendar year for both residential and commercial accounts:

1.    Total garbage and recycling collection accounts;

2.    Total sign-ups for recycling and yard waste collection;

3.    Average number of pick-ups made for each service;

4.    Separate totals for quarterly tonnage collected for garbage and recycling;

5.    A log of customer compliments and complaints, whether oral or written, including date, time, subject and resolution.

(Ord. 926 § 1, 2013; Ord. 812 § 6, 2006; Ord. 695 § 5, 2000; Ord. 543 § 5, 1992)

8.06.050 Garbage collection service levels.

The following service levels are established for garbage and recyclables:

A.    Garbage collection shall be offered weekly, biweekly or monthly and shall include the option of either a ninety-five-gallon or sixty-five-gallon tote, which shall be provided by the franchised hauler.

B.    Recyclable collection shall be offered at least biweekly or, at the hauler’s option, semimonthly. Collected recyclables may include newspaper, glass containers, tin and aluminum cans, and such other materials as may be authorized by the city.

C.    Garbage and recyclables shall be separated and deposited in appropriately designated containers.

D.    Hauler must recycle collected materials, unless prior approval is obtained from the city.

E.    Hauler shall deliver recycling containers to households which subscribe to the recycling collection service.

F.    Containers that have obvious contamination of recyclables with garbage shall be tagged by the hauler with instructions for proper separation and will not be collected. If the uncollected materials are not properly separated on the following collection cycle, they will be collected as garbage and the customer will be billed for the additional volume.

(Ord. 812 § 7, 2006; Ord. 695 § 6, 2000; Ord. 543 § 6, 1992)

8.06.060 Unlawful accumulations.

It is unlawful for any occupant or owner of any building, lot or premises in the city to allow or permit any refuse to collect or remain upon such premises in such a manner or quantity as to constitute a fire or health hazard. All landlords shall provide an adequate number of receptacles to accommodate tenants’ solid waste needs and comply with Section 8.06.030(A). Any such unlawful accumulation is deemed a nuisance, and as such may be summarily abated by the city pursuant to Section 8.06.020. The property owner shall be responsible for all of the city’s costs to abate the nuisance. Violations of this section shall be prosecuted as set forth in Section 8.06.090. (Ord. 695 § 7, 2000; Ord. 543 § 7, 1992)

8.06.070 Franchising.

The city council may enter into a contract with a qualified hauler conveying the exclusive rights to collect, remove and dispose of all solid waste consistent with the provisions of this chapter. Such contract shall be for a maximum of five years; however, the city may, at its option, handle the collection and disposal of solid waste under municipal ownership by creation of a garbage utility. (Ord. 543 § 8, 1992)

8.06.080 Enforcement officers and procedures.

Any police officer, code enforcement officer, or other law enforcement officer may enforce the provisions of this chapter. All such enforcement officers are empowered to issue citations to and/or arrest without a warrant persons violating the provisions of this chapter. The enforcement officers may serve and execute all warrants, citations, and other process issued by the courts. Mailing by certified mail of such warrant, citation, or other process to the last known address of the offender shall be deemed as personal service upon the person charged. Nothing herein shall be construed to prohibit citizens’ complaints as may be otherwise permitted under applicable state regulations, state statutes, ordinances, or court rules. (Ord. 695 § 8, 2000; Ord. 543 § 9, 1992)

8.06.090 Violations—Penalties.

A first violation of this chapter shall be a Class C offense as that crime is defined in Sections 7.01.040 and 7.01.050 of this code. All subsequent violations of this chapter within one year shall be Class B offenses as defined by Sections 7.01.040 and 7.01.050 of this code. Each day the violation continues shall be a separate offense. Such violations shall include, but are not limited to:

A.    Dumping or depositing garbage or garbage containers on the property of another;

B.    The unlawful burying, dumping, or otherwise disposing of any refuse or garbage in any place within the city.

In addition thereto, at the discretion of the court, and with the permission of the legal owner or other person having legal possession of the property, any such violator may be directed by the court to pick up and remove from any public place or waters, or any private residence or other property upon which the court determines that the violator has deposited solid waste, any and all solid waste deposited thereon by anyone prior to the date of execution of the judgment and sentence, regardless of the volume of solid waste. (Ord. 695 § 9, 2000)