Chapter 12.17
VEHICLES TRANSPORTING SOLID WASTE

Sections:

12.17.010    Purpose.

12.17.020    Requirement.

12.17.030    Documentation.

12.17.040    Penalty.

12.17.050    Appeals.

12.17.060    Exemption.

12.17.010 Purpose.

Pursuant to the authority of RCW 70.93.097 requiring cities and counties to impose a fee on unsecured loads of solid waste delivered to any staffed landfill or transfer station within their jurisdiction, the following chapter to provide for litter control from vehicles using Skagit County Solid Waste Facilities is hereby adopted. (Ord. 15261 (part), 1994)

12.17.020 Requirement.

(1) Standard to be met. Effective April 1, 1994, vehicles delivering solid waste to a Skagit County staffed solid waste handling site or to a Skagit County staffed solid waste disposal facility shall meet the following standard: be tied, covered or confined in a manner that will prevent any part of the load from leaving the vehicle while the vehicle is in motion (hereinafter, the standard).

(2) Public to be informed of the standard. Effective April 1, 1994, a sign shall be posted at each County-staffed site or facility advising drivers of vehicles delivering solid waste of the standard and of the consequences of not meeting the standard by October 1, 1994. Additionally, informational literature shall be distributed to drivers of vehicles delivering solid waste to any Skagit County staffed solid waste handling site or any Skagit County staffed solid waste disposal facility. The information shall emphasize that loads of solid waste delivered to County staffed solid waste handling sites or to County-staffed disposal facilities shall meet the standard or may be subject assessment of a surcharge beginning October 1, 1994. (Ord. 15261 (part), 1994)

12.17.030 Documentation.

County Solid Waste staff shall take at least one photograph of those loads determined not to meet the standard. Such photographs are to be forwarded to the Public Works Department with the date, name of the driver, and name of the County staff person making the determination. This information is to be kept on file with the Public Works Department. (Ord. 15261 (part), 1994)

12.17.040 Penalty.

(1) Verbal Warning. Effective April 1, 1994, for a six-month period, a verbal warning shall be given to drivers of vehicles whose loads, in the opinion of Skagit County Solid Waste receiving staff, do not meet the standard.

(2) Surcharge Assessment. Effective October 1, 1994, driver of vehicles whose loads, in the opinion of Skagit County Solid Waste receiving staff, do not meet the standard may be subject to assessment of a surcharge. The surcharge, in addition to the normal disposal fee, shall amount to 50% of the normal disposal fee for depositing the load of solid waste. All surcharges collected under this Section shall be deposited into the Solid Waste Account along with daily solid waste receipts. (Ord. 15261 (part), 1994)

12.17.050 Appeals.

(1) Appeal to the Public Works Director. Individuals who have been assessed the surcharge may appeal the assessment to the Public Works Director. Such appeal must be made in writing and must occur within twenty-one (21) days of the assessment of the surcharge. The Public Works Director shall authorize reimbursement of the surcharge amount within seven (7) days of receipt of the appeal if the Public Works Director determines that the surcharge has been unlawfully assessed.

(2) Appeal to the Board of Skagit County Commissioners.

(a) Individuals who have been denied reimbursement of the surcharge amount by the Public Works Director may appeal the denial to the Board of Skagit County Commissioners. Such appeal must be in writing and be filed with the Board of Skagit County Commissioners within fourteen (14) days of the denial by the Public Works Director. The request for appeal must contain the following information:

(i) A brief statement as to why the appellant should not be denied reimbursement; i.e., erroneous procedure, error of law or fact, error in judgement, mitigating circumstances, etc;

(ii) The signature, mailing address and telephone number of the appellant, or representative of the appellant.

(b) The Board of Skagit County Commissioners shall hear the appeal, adopt findings and conclusions, and make a decision on the matter. Action taken by the Board of Skagit County Commissioners shall be final. (Ord. 15261 (part), 1994)

12.17.060 Exemption.

Drivers of vehicles transporting sand, dirt or gravel shall secure their loads in compliance with the provisions of R.C.W. 46.61.655 and are exempt from the requirements of this Chapter for such loads. (Ord. 15261 (part), 1994)