Chapter 6.04
SOLID WASTE COLLECTION AND DISPOSAL

Sections:

6.04.010    Definitions.

6.04.020    Solid waste accumulation prohibited – Disposal of hazardous waste.

6.04.030    Garbage – Containers – Placement at curbside – Sanitary condition – Penalty.

6.04.040    Mandatory customer participation.

6.04.050    Collection schedule.

6.04.060    Repealed.

6.04.070    Number of containers – Frequency of collection – Appeal to city council.

6.04.080    Commercial and industrial solid waste collection.

6.04.090    Yard waste collection.

6.04.100    Maximum container size.

6.04.110    Property owner liable for accounts – Lien against the property.

6.04.130    Repealed.

6.04.010 Definitions.

A. In administering this chapter, the following words and terms shall have the following meanings:

“Commercial compacted garbage,” as used in this chapter, means commercial garbage or waste that has been compacted by compactor equipment that is owned, rented or leased by the customer or by a business or entity conforming with all requirements set forth in PTMC 6.04.040. All compaction equipment shall be compatible with the solid waste contractor’s equipment.

“Commercial complex” shall consist of all buildings or businesses located on a single parcel of real property, and which property, businesses and buildings are owned by the same person or entity.

“Commercial refuse” and “commercial solid waste” means all solid wastes which originate in businesses, office buildings, stores, markets, theaters, and other nonresidential buildings. Commercial refuse may be classified as either “garbage” or “rubbish.”

“Curb” or “curbside” means the area adjacent to the public street, private street used for general circulation, or alley, extending from the street or alley not more than five feet onto the homeowner’s property. If extraordinary circumstances preclude curbside placement, “curbside” shall be considered a placement suitable to the resident and convenient to the solid waste contractor’s equipment, as approved by the director of public works.

“Director” or “director of public works” or “public works director” means the city of Port Townsend director of public works, or designee, who is the official or employee of the city delegated and authorized to administer the Port Townsend Municipal Code provisions for collection of solid waste, including the administration of this solid waste collection contract; provided, however, all financial matters provided in this chapter, including but not limited to collection of rates, shall be administered by the city finance director or designee.

“Drop box” means an all‑metal container, typically used for collection of recyclable material and other solid waste, with lidded or nonlidded cover, with capacity of not less than 10 cubic yards, and not more than 50 cubic yards.

“Dumpster” means an all‑metal container, with lidded or nonlidded cover, typically with capacity of one, one and one‑half or two yards, capable of being picked up by a mechanical device and dumped into solid waste collection vehicles.

“Garbage” means all putrescible animal, fish, food, fowl, fruit, grain or vegetable matter resulting from the preparation, storage, handling, decay or use thereof, and all organic waste.

“Hazardous waste,” means and includes any and all substances, material or things defined or designated as “hazardous waste,” “hazardous substance” or “hazardous material” under any state or federal law or regulation.

“Multifamily dwelling” means any residential complex, including apartment buildings and mobile home parks, designed exclusively for residential occupancy by five or more families living independently of each other receiving solid waste collection service for the entire complex.

“Person” means and includes any person, partnership, corporation, association, firm or other entity.

“Putrescible” refers to those items that are liable to rot or putrefy.

“Recyclable material” means those solid wastes that are separated from other solid wastes for recycling or reuse, such as papers, metals and glass, that are identified as recyclable material in accordance with the City of Port Townsend Waste Reduction and Recycling Plan, the contract between the city and the solid waste contractor, and the provisions of this chapter.

“Rubbish” means all sweepings, cleanings, trash, litter, broken crockery, glassware, waste building materials, containers, ashes, cast‑off clothing, metal, wire, and all other nonputrescible or other discarded material or debris. However, in the event a customer places recyclable material in a rubbish container, such materials shall be considered to be “rubbish.”

“Single‑family” or “single‑family residential” means a residential unit or structure, including duplex, triplex, fourplex, and homes with city‑permitted accessory dwelling units, designed for occupancy by four or fewer families living independently of each other.

“Solid waste” or “wastes” means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, refuse, ashes, swill, residential yard waste, and recyclable material.

“Solid waste contractor” means the contractor or business entity retained by the city of Port Townsend by contract approved by written resolution of the city council to perform solid waste collection services within the city of Port Townsend.

“Yard waste” or “residential yard waste” means lawn or grass clippings; leaves; weeds; clippings of woody as well as fleshy plants; tree, brush and shrub pruning debris; branches and limbs which are tied with string in bundles of not more than four feet in length, and not more than two feet in diameter, and weighing not more than 40 pounds for each bundle. With the exception of Christmas trees, materials larger than four inches in diameter and four feet in length shall not be considered yard waste, and shall not be subject to collection under the terms of this chapter. Yard waste does not include dirt, rocks, sod, and such items as pumpkins, apples and food compost.

B. Terms not defined herein shall have the meaning found in the following sources:

1. Chapter 70.95 RCW;

2. The Port Townsend Waste Reduction and Recycling Plan; and

3. The common dictionary. (Ord. 2800 § 1, 2002; Ord. 2675 § 2, 1998; Ord. 2620 § 2, 1997; Ord. 2221 § 1, 1990; Ord. 1138 § 1, 1942).

6.04.020 Solid waste accumulation prohibited – Disposal of hazardous waste.

A. It shall be unlawful for any person to allow any solid waste to collect or accumulate upon their premises, or the premises which they occupy, or of which they are the agent or manager, whether the same be residence, store, shop, manufacturing or industrial facility, place of business, yard or vacant lot, or upon any street, alley, opened or unopened public right-of-way, or other public place upon which their premises abut.

B. It shall be unlawful for any person to place hazardous waste with or in the same container as garbage, refuse, rubbish or recyclable materials to be picked up by the solid waste contractor, or to dispose of any hazardous waste in any manner contrary to federal or state laws or regulations.

C. Director’s Authority. Whenever the public works director or his or her designee (“director”) determines that a condition exists in violation of this chapter or any standard required to be adhered to by this chapter, or in violation of any permit issued hereunder, he or she is authorized to enforce the provisions of this chapter.

D. Chapter 1.20 PTMC Applicable. All violations of any provision of this chapter or incorporated standards, or of any permit or license issued hereunder, are declared nuisances and made subject to the administration and enforcement provisions of Chapter 1.20 PTMC, including any amendments, and including but not limited to abatement, criminal penalty, and civil penalty as set forth in Chapter 1.20 PTMC, which are incorporated by reference as if set forth herein. (Ord. 2952 § 3, 2008; Ord. 2800 § 1, 2002; Ord. 2620 § 2, 1997; Ord. 2221 § 2, 1990; Ord. 1138 § 2, 1942).

6.04.030 Garbage – Containers – Placement at curbside – Sanitary condition – Penalty.

A. The collection of, disposal of and billing for garbage generated within the city shall be accomplished by the service provider under written service agreement entered into with the city as authorized by the city council. All garbage, refuse and rubbish shall be kept in metal or heavy duty synthetic material containers that have sealable close-fitting lids or covers which will entirely prevent dogs, birds, rats, mice or flies from reaching the contents thereof, and will prevent odors and gasses from escaping therefrom. The solid waste contractor shall be authorized to require replacement of inadequate or unsafe containers. The containers shall be of sufficient size and number to contain all garbage, refuse and rubbish that collects between the dates for the removal of the same. Rubbish shall be reduced to compact form and placed in approved containers such as will prevent the contents thereof from being scattered by the action of winds or by overturning of the container. Ashes shall be kept in a sound, substantial container or containers such as will prevent the contents thereof from being scattered by the action of winds or by the overturning of the container. Recyclable materials for curbside collection shall be set out in approved recycling containers provided by the solid waste collection contractor.

B. The containers shall be placed at the curbside as defined in this chapter. Curbside placement of solid waste cans and bags, yard waste, and recycling containers shall not block sidewalks, driveways or on-street parking.

C. All solid waste containers are to be kept clean and free of odors by the customer or other person having charge of same.

D. Director’s Authority. Whenever the public works director or his or her designee (“director”) determines that a condition exists in violation of this chapter or any standard required to be adhered to by this chapter, or in violation of any permit issued hereunder, he or she is authorized to enforce the provisions of this chapter.

E. Chapter 1.20 PTMC Applicable. All violations of any provision of this chapter or incorporated standards, or of any permit or license issued hereunder, are declared nuisances and made subject to the administration and enforcement provisions of Chapter 1.20 PTMC, including any amendments, and including but not limited to abatement, criminal penalty, and civil penalty as set forth in Chapter 1.20 PTMC, which are incorporated by reference as if set forth herein. (Ord. 2952 § 3, 2008; Ord. 2800 § 1, 2002; Ord. 2620 § 2, 1997; Ord. 2221 § 3, 1990; Ord. 1138 § 3, 1942).

6.04.040 Mandatory customer participation.

A. Except as provided in subsection B of this section, it is unlawful for any person, business, corporation, municipal corporation or entity, or agents, employees or officers of any person, business, corporation, municipal corporation or entity, except the city and the solid waste contractor designated by the city to collect, remove, or transport rubbish, refuse, recyclables, yard waste, garbage, or any other offensive or obnoxious substances or to operate any vehicle for such purpose through the streets, highways or other ways within the city. Except as provided in subsection B of this section, all persons accumulating garbage in the city shall place and accumulate it in a garbage can, mini-can, or other such container that is approved by the city’s solid waste contractor. It is mandatory for the owner of all developed property, all residential (single-family and multifamily) tenantable or inhabited buildings, and/or all places of business within the city to take a service that is provided by the city’s solid waste contractor. Said charges shall be billed and collected by the garbage collector at his own cost. Every occupant of the property and every owner of the property for which garbage and refuse collection and disposal services are rendered shall be responsible for and shall pay, without delinquency, all charges therefor. The charges shall be paid to the garbage collector at his office by the person or persons responsible and shall be paid not later than 30 days after the billing therefor is mailed, and if not so paid, the charges shall be deemed delinquent. In the event of delinquency, any such charge or charges shall be a lien against the property for which the collection and disposal of garbage and refuse was rendered. Such a lien shall be prior to all other liens and encumbrances filed subsequent to the filing with the county auditor of Jefferson County of such notice of lien except liens for general taxes and local improvement assessments, provided notice of such lien is given as provided by law. Interest shall accrue upon delinquent accounts at the rate of $1.00 or one percent per month whichever is greater, until fully paid. Billings for account shall be mailed to the person or tenant in possession unless special instructions to the contrary are received from the owner.

As provided in PTMC 6.04.010 and 6.04.060, all compactors and solid waste compaction equipment must be owned, rented or leased by the customer or operated by persons, businesses or entities complying with all requirements of PTMC 6.04.040(B)(4). Except as provided herein, it is unlawful for any other party to collect, remove, transport or handle solid waste in order to compact the solid waste. All persons, businesses and other entities are prohibited from using compaction equipment which is not compatible with the collection contractor’s collection equipment. Any solid waste compaction which is not conducted in a safe, sanitary manner, as determined by the director, shall be prohibited.

B. The following activities shall be exempt from the prohibition stated in subsection A of this section; provided, however, that any person or persons hauling solid waste in accordance with this subsection shall remain subject to mandatory minimum garbage and rubbish collection set forth in this chapter.

1. Commercial and residential customers may haul their own recyclable material to the recycling center of their choice; provided, however that such right shall not allow commercial or residential customers to use or employ an independent contractor or third persons not in the employ of the customer to exercise this right;

2. Commercial and residential customers may themselves haul their own garbage, refuse and rubbish to a licensed disposal facility; provided, however that such right shall not allow commercial or residential customers to use or employ an independent contractor or third persons not in the employ of the customer to exercise this right;

3. The city, any other municipal corporation, and any private party or contractor may contract with any contractor other than the solid waste contractor for the following services, or may themselves haul the following listed solid wastes:

a. Removal of debris resulting from the demolition of any buildings, docks, wharves or other built structures;

b. Removal of derelict, junk or abandoned automobiles, motor vehicles and marine vessels, including demolition debris from demolished automobiles, motor vehicles and marine vessels;

c. Removal of organic debris and vegetation resulting from the clearing and/or grading of sites associated with any construction activity;

d. Removal of trees, limbs, branches and vegetation undertaken by the city or any other municipality in their parks and right‑of‑way maintenance or property development and construction activities; or

e. Removal of scraps and debris resulting from building and construction projects, hauled to a licensed disposal facility by the owner or building contractor.

4. The city’s commercial solid waste customers may contract with third party businesses or firms to compact commercial solid waste, conditioned upon strict compliance with all of the following requirements, as determined by the director, in the director’s sole discretion:

a. Prior to compacting any commercial solid waste for any customer, the compacting firm shall provide advance notification of its intent to compact the customer’s solid waste to the city’s solid waste contractor, to enable the contractor to adjust collection routes, provide adequate staffing for collection, and provide notification to the public works director to determine whether the compacting firm has complied with the provisions of this section;

b. The compacting firm is prohibited from handling any solid waste previously deposited into dumpsters. All compaction shall occur prior to depositing solid waste in dumpsters. Any solid waste containers used to hold solid waste prior to compaction shall be stored and maintained on the customer’s property and shall not be stored or maintained in the public right-of-way or in public parking areas;

c. Solid waste compaction shall occur in a sanitary, safe and healthful fashion, shall not cause damage to dumpsters (other than normal wear and tear), and shall not result in the scattering of litter or the intentional or inadvertent depositing of solid waste upon public or private properties;

d. Prior to compacting any solid waste for any customer, the compaction firm shall sign a written statement in a form approved by the city attorney, stating the method and manner of compacting solid waste and placement of the compacted solid waste in the dumpsters; agreeing to conduct the compaction operation in a sanitary, safe and healthful fashion and which will not cause damage to the solid waste contractor’s equipment (other than normal wear and tear); agreeing to indemnify and hold the city and the collection contractor harmless from any claims for damages for personal injuries, property damage or contract claims resulting from the compaction operation, including the manner of compaction and the manner of placement of compacted material within dumpsters; and agreeing that upon any finding that the compaction firm has failed to comply with the requirements of this section, as determined by the director or the city council after conducting a hearing as requested by the solid waste contractor (in the sole discretion of the director and/or the city council), the compacting firm shall cease and desist all compacting work within the city;

e. Both the compaction firm, and its officers, directors, managing agents, or partners of any corporation, firm, partnership, or other organization or business shall recognize, in writing, the penalty provisions set forth in this section;

f. Notwithstanding any other provision in this section, any compacting or compaction firm shall comply with the existing terms and conditions of the city’s contract with the solid waste contractor.

C. Prohibition of Other Collection and Disposal Methods. Any solid waste collection and/or disposal methods not explicitly defined and authorized by this chapter shall be prohibited.

D. Director’s Authority. Whenever the public works director or his or her designee (“director”) determines that a condition exists in violation of this chapter or any standard required to be adhered to by this chapter, or in violation of any permit issued hereunder, he or she is authorized to enforce the provisions of this chapter.

E. Chapter 1.20 PTMC Applicable. All violations of any provision of this chapter or incorporated standards, or of any permit or license issued hereunder, are declared nuisances and made subject to the administration and enforcement provisions of Chapter 1.20 PTMC, including any amendments, and including but not limited to abatement, criminal penalty, and civil penalty as set forth in Chapter 1.20 PTMC, which are incorporated by reference as if set forth herein. (Ord. 2952 § 3, 2008; Ord. 2800 § 1, 2002; Ord. 2675 § 3, 1998; Ord. 2620 § 2, 1997; Ord. 2221 § 4, 1990; Ord. 1737 § 1, 1975; Ord. 1138 § 4, 1942).

6.04.050 Collection schedule.

To assure collection, the customer shall place all solid waste containers at the curbside as determined and provided for in the city’s contract with the solid waste contractor. (Ord. 2800 § 1, 2002; Ord. 2620 § 2, 1997; Ord. 2221 § 11, 1990; Ord. 1737 § 2, 1975; Ord. 1138 § 5, 1942).

6.04.060 Rates for collection.

Repealed by Ord. 2800. (Ord. 2675 § 4, 1998; Ord. 2620 § 2, 1997; Ord. 2373 § 1, 1993; Ord. 2355 § 1, 1993; Ord. 2308 § 1, 1992; Ord. 2221 § 5, 1990; Ord. 2165 § 1, 1989; Ord. 2108 § 1, 1988; Ord. 2044 § 1, 1986; Ord. 1875 § 1, 1980; Ord. 1737 § 3, 1975; Ord. 1656 § 1, 1973; Ord. 1425 § 1, 1962; Ord. 1347 § 1, 1958; Ord. 1138 § 6, 1942).

6.04.070 Number of containers – Frequency of collection – Appeal to city council.

A. Solid waste shall be collected from all residential (single-family and multifamily) tenantable or inhabited buildings of every kind, nature and description in the city at least once each week unless qualified for every other week service. Where sanitary conditions or convenience of customers requires more frequent collection, the solid waste contractor shall arrange the regular days for collecting of solid waste during each week. All places of business shall have their garbage, refuse and rubbish removed as often as desired, not to exceed once each day, and except for the charge for minimum service, the amount to be paid therefor shall be in accordance with the city’s contract with the solid waste contractor.

B. Nothing in this chapter shall give any customer the right to demand any rebate or reduction in rate because a container or containers are not filled or used during any particular week. Customers shall pay an additional charge according to the rates in the city’s contract with the solid waste contractor for such additional solid waste collection service as the customer requests or as may be necessary for health and sanitation reasons, as determined by the solid waste contractor or the public works director. (Ord. 2800 § 1, 2002; Ord. 2620 § 2, 1997; Ord. 2221 § 6, 1990; Ord. 1737 § 4, 1975; Ord. 1347 § 2, 1958; Ord. 1138 § 7, 1942).

6.04.080 Commercial and industrial solid waste collection.

A. For the purpose of this chapter, multifamily dwellings as defined herein as well as mixed use buildings will be considered commercial customers, subject to commercial service standards and rates. Owners or managers of all multifamily units shall provide the tenants or occupants thereof with adequate facilities and containers for the disposal of all solid waste.

B. If a single commercial building or complex is occupied by more than one business, the customer(s) receiving the solid waste service may elect to receive and be charged for a single container service to serve the entire building or complex, so long as an unsanitary condition is not created as a result of the single container service. To qualify for this election, one party or customer must agree to be solely responsible for the entire solid waste account as relates to the building or complex. Written notice must be given to the solid waste contractor, signed and dated by such customer, and shall state the following:

1. The name and address of the commercial building or complex;

2. All customers or parties which have elected to receive single container service;

3. The name and address of the customer agreeing to be responsible for the account; and

4. A statement that such customer agrees to be solely responsible for the entire solid waste account as relates to the building or complex. (Ord. 2800 § 1, 2002; Ord. 2620 § 2, 1997).

6.04.090 Yard waste collection.

A. The solid waste contractor shall collect yard waste from all residential customers, so long as the yard waste meets the definition and standards provided in PTMC 6.04.010. Yard waste shall be collected during the alternating weeks when the solid waste contractor does not collect recyclable materials. Additionally, the contractor shall collect Christmas trees at each eligible single-family residential customer during the first two scheduled yard debris pickups immediately following December 25th of each year of the contract.

B. Limbs and branches will not be collected unless they meet the following requirements: (1) they must not exceed four inches in diameter (except for Christmas trees); and (2) limbs and branches must be tied in bundles of not more than four feet in length; and (3) the bundles must not be more than two feet in diameter; and (4) the bundles of limbs and branches shall weigh not more than 40 pounds each. Customers shall deposit residential yard waste for pickup as follows: in a three milliliter plastic or paper bag or in a container of not more than 34-gallon capacity, painted “YARD WASTE” on at least two locations and on the container lid, in letters not less three inches in height. On each scheduled pickup day, the solid waste contractor shall be responsible for collecting a maximum of three units of yard waste (i.e., three bundles, three bags or three cans, or any combination thereof, not to exceed three units) from each residential customer. (Ord. 2800 § 1, 2002; Ord. 2620 § 2, 1997).

6.04.100 Maximum container size.

A. Each and every customer shall provide a garbage and/or rubbish/refuse container(s) appropriately sized for the level of service provided by the solid waste contractor. The container shall be in good condition to provide adequate, sanitary and secure storage for the garbage, refuse and rubbish.

B. Director’s Authority. Whenever the public works director or his or her designee (“director”) determines that a condition exists in violation of this chapter or any standard required to be adhered to by this chapter, or in violation of any permit issued hereunder, he or she is authorized to enforce the provisions of this chapter.

C. Chapter 1.20 PTMC Applicable. All violations of any provision of this chapter or incorporated standards, or of any permit or license issued hereunder, are declared nuisances and made subject to the administration and enforcement provisions of Chapter 1.20 PTMC, including any amendments, and including but not limited to abatement, criminal penalty, and civil penalty as set forth in Chapter 1.20 PTMC, which are incorporated by reference as if set forth herein. (Ord. 2952 § 3, 2008; Ord. 2800 § 1, 2002; Ord. 2620 § 2, 1997; Ord. 2221 § 8, 1990; Ord. 1271 § 1, 1951; Ord. 1138 § 13, 1942).

6.04.110 Property owner liable for accounts – Lien against the property.

A. In all cases of solid waste service to residential or commercial/industrial rental property, the property owner shall be liable for the payment of the solid waste service account, and the property owner shall be listed as the customer to whom service is provided, except that accounts may be billed to the tenant if the landlord so requests in writing. In such cases, the landlord remains responsible in the event of nonpayment by the tenant.

B. All solid waste service rates shall be charged against the premises for which the service is provided. All charges which become delinquent and unpaid shall be a lien against the premises for which the service is provided. This lien may be enforced by all means available at law or equity. (Ord. 2800 § 1, 2002; Ord. 2620 § 2, 1997; Ord. 1334 § 1, 1957).

6.04.130 Occasional extra garbage – Tag system.

Repealed by Ord. 2800. (Ord. 2620 § 2, 1997; Ord. 2308 § 2, 1992; Ord. 2221 § 10, 1990; Ord. 2051 § 1, 1986).