Chapter 8.12
GARBAGE DISPOSAL
Sections:
8.12.020 Administration of chapter.
8.12.030 Disposal of garbage, recyclables and compostables.
8.12.040 Collection contract – Procedure.
8.12.050 Charges – Delinquency.
8.12.060 Customer to place collection containers curbside.
8.12.070 Separation of kinds of waste – Method of disposal.
8.12.080 Protection of collection containers from wildlife.
8.12.090 Hazardous waste and special waste.
8.12.100 Improper disposal by individuals – Penalties.
8.12.110 Authority to regulate reserved by city.
8.12.010 Definitions.
As used in this chapter, the following words when used with an initial capital letter shall have the meanings ascribed to them in this section:
A. “City” means the city of Snoqualmie.
B. “Contractor” means the firm which has contracted with the city to collect and dispose of garbage and to collect, process, market and transport recyclables and compostables.
C. “Compostables” means yard debris and food scraps separately or combined.
D. “Curb” or “curbside” means, on the homeowners’ property, within five feet of the public street or private road without blocking sidewalks, driveways or on-street parking. If extraordinary circumstances preclude such a location, curbside shall be considered a placement suitable to the resident, convenient to the contractor’s equipment, and mutually agreed to by the city and contractor.
E. “Customer” means all users of solid waste services, including property owners, managers and tenants.
F. “Food scraps” means all compostable pre- and post-consumer organic wastes placed in a compostables cart, such as whole or partial pieces of produce, meats, bones, cheese, bread, cereals, coffee grounds or egg shells, and food-soiled paper such as paper napkins, paper towels, paper plates, coffee filters, paper take-out boxes, pizza boxes, or other paper or biodegradable products specifically accepted by the contractor’s selected composting site. Food scraps shall not include large dead animals, plastics, diapers, cat litter, liquid wastes, pet wastes or other materials prohibited by the selected composting facility. The range of materials handled by the compostables collection program may be changed from time to time upon the approval of the city to reflect those materials allowed by the Seattle-King County health department for the frequency of collection provided by the contractor.
G. “Garbage” means all putrescible and nonputrescible solid and semi-solid wastes, including, but not limited to, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, contaminated soils and contaminated dredged materials, and discarded commodities that are placed by customers of the contractor in appropriate bins, bags, cans or other receptacles for collection and disposal by the contractor. The term “garbage” shall not include hazardous wastes, special wastes, source-separated recyclables or compostables, and shall further not include those wastes excluded from regulation and specifically identified in WAC 173-350-020(1) through (7) and (9) through (22).
H. “Hazardous waste” means any substance that is:
1. Defined as hazardous by 40 C.F.R. Part 261 and regulated as hazardous waste by the United States Environmental Protection Agency under Subtitle C of the Resource Conservation and Recovery Act (“RCRA”) of 1976, 42 U.S.C. Section 6901 et seq., as amended by the Hazardous and Solid Waste Amendments (“HSWA”) of 1984; the Toxic Substances Control Act, 15 U.S.C. Section 2601 et seq.; or any other federal statute or regulation governing the treatment, storage, handling or disposal of waste imposing special handling or disposal requirements similar to those required by Subtitle C of RCRA.
2. Defined as dangerous or extremely hazardous by Chapter 173-303 WAC and regulated as dangerous waste or extremely hazardous waste by the Washington State Department of Ecology under the State Hazardous Waste Management Act, Chapter 70.105 RCW, or any other Washington State statute or regulation governing the treatment, storage, handling or disposal of wastes and imposing special handling requirements similar to those required by Chapter 70.105 RCW.
I. “Moderate risk waste” means waste that is limited to conditionally exempt small quantity generator waste and household hazardous waste as those terms are defined in Chapter 173-350 WAC, as amended.
J. “Person” means every person, firm, partnership, association, institution, and corporation. The term also means the occupant and/or the owner of the premises for which services mentioned in this chapter are rendered.
K. “Public works director” means the city’s public works director, or his or her designees.
L. “Recyclables” means aluminum cans and foil; corrugated cardboard; glass containers; mixed paper; motor oil; newspaper; recyclable plastic containers that have contained nonhazardous products; polycoated or aseptic cartons; scrap electronics, scrap metals and tin cans.
M. “Special waste” means polychlorinated biphenyl (“PCB”) wastes, industrial process wastes, asbestos-containing materials, petroleum contaminated soils, treated/decharacterized wastes, incinerator ash, medical wastes, demolition debris and other materials requiring special handling in accordance with applicable federal, state, county or local laws or regulations.
N. “Wildlife resistant container” means a fully enclosed container that may be constructed of pliable materials but must be reinforced to deter access by wildlife, and must employ a latching device of sufficient design and strength to prevent access by wildlife. Specific brands of wildlife resistant containers must be approved by the director of public works.
O. “Wildlife resistant dumpster enclosure” means an enclosed structure consisting of four sides and a secure door or cover, which shall have a latching device of sufficient design and strength to prevent access by wildlife.
P. “Yard debris” means leaves, grass and clippings of woody, as well as fleshy, plants. (Ord. 1149 § 2, 2015).
8.12.020 Administration of chapter.
This chapter shall be administered by the public works director. (Ord. 1149 § 2, 2015).
8.12.030 Disposal of garbage, recyclables and compostables.
It shall be the duty of every person in possession, charge or control of any premises to cause all garbage, recyclables and compostables thereon to be removed and disposed of by the contractor selected by the city pursuant to the terms of this chapter. There shall be no exemptions from compulsory collection of garbage, recyclables and compostables in the city either for business, commercial, industrial or residential purposes of any kind, and in no event shall any person haul garbage, recyclables and/or compostables on the streets of Snoqualmie, except as specifically provided herein:
A. Any person may haul or cause to be hauled such garbage, recyclables, compostables, hazardous waste, special waste and/or moderate risk waste that is not accepted for collection by the contractor to a disposal or recycling facility that is lawfully allowed to accept said items for disposal;
B. The city and/or King County may authorize voluntary collection services in addition to compulsory garbage collection service including, but not limited to, voluntary yard debris collection and other voluntary recyclables services (such as collection of appliances, mattresses, batteries, paint or other items) which shall not be mandatory;
C. All rubbish and debris occasioned by the construction, remodeling, or destruction of any building or other improvement shall be collected and removed by the contractor, owner or other person performing such; and
D. Any vacant dwelling place shall be exempt from the provisions of this chapter. Any dwelling place to which water service has been discontinued by act of the owner or occupant thereof shall be deemed vacant upon such termination of water service, and upon resumption of water service shall immediately become subject to the provisions of this chapter. (Ord. 1149 § 2, 2015).
8.12.040 Collection contract – Procedure.
A. Specifications for a contract covering the exclusive right to collect, remove and dispose of all garbage, recyclables and compostables within the city shall be prepared and approved by the city council. The city, with approval of the city council, shall thereafter negotiate and let a contract to such person who is best qualified and best equipped to perform and contract for rendering of such services in the most efficient and economical manner.
B. Such contract shall include the description of services to be provided, the rates to be charged to customers by the contractor for the various classes of service, provisions for periodic adjustment of such rates, provisions for billing and collection of such rates by the contractor, and provisions for the payment of an administrative fee by the contractor to the city, and may include such other provisions as may be agreed to by the contractor and the city.
C. Every contract entered into by virtue of this chapter shall contain a prohibition against change in control of the contractor, which means any sale, merger, policy of assets, the issuance of new shares, any change in the voting rights of existing shareholders, or other change in ownership which transfers the 25 percent or more of the beneficial interest therein from one entity to another; provided, however, that intracompany transfers, such as transfers between different subsidiaries or branches of the parent corporation of the contractor, or transfers to corporations, limited partnerships, or any other entity owned or controlled by the contractor upon the effective date of this contract shall not constitute a change in control.
D. Every contract entered into by virtue of this chapter shall contain a suitable provision permitting the forfeiture of the agreement for nonperformance of the terms and conditions of the contract and this chapter.
E. Such contract shall also contain a suitable provision requiring all garbage generated or collected from within the corporate limits of the city to be delivered to King County’s solid waste system, as that term is defined in the amended and restated interlocal agreement between the city of Snoqualmie and King County and approved by the Snoqualmie city council in 2013, except for any such garbage which is eliminated through waste prevention or waste recycling activities consistent with the King County comprehensive solid waste management plan. Such contract shall also prohibit the diversion of any garbage generated or collected within the city from the designated disposal sites without county approval. Further, such contract shall also require that all garbage which is delivered to the King County system for disposal to be in compliance with the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.) (RCRA), Chapters 70.95 and 70.105 RCW, King County Code Title 10, King County board of health rules and regulations, the King County solid waste division operating rules, and all other federal, state and local environmental health laws, rules or regulations that impose restrictions or requirements on the type of waste that may be delivered to the King County solid waste system, as such laws, rules and/or regulations now exist or are hereafter adopted or amended.
F. Such contract shall be let for such term as deemed advisable by the city council, but not more than seven years, with not more than two options for one additional year each. (Ord. 1149 § 2, 2015).
8.12.050 Charges – Delinquency.
Upon failure to pay charges for services prior to delinquency, the amount thereof shall become a lien against the property for which the garbage or recyclable material collection service is rendered, pursuant to RCW 35.21.130. Upon request, the city shall assign any such lien to the contractor, who may file a notice of claim of lien within 90 days after the date of such delinquency, and may foreclose such lien within eight calendar months of recording in the manner prescribed for liens for labor and materials, as authorized by RCW 35A.21.140. (Ord. 1149 § 2, 2015).
8.12.060 Customer to place collection containers curbside.
It shall be the responsibility of all residential customers to place all garbage, recyclable and compostable collection containers curbside on the designated collection day. (Ord. 1149 § 2, 2015).
8.12.070 Separation of kinds of waste – Method of disposal.
The city reserves the right to and may have the option to require the separation of garbage, recyclables, compostables or other component parts of solid waste or refuse, and may require the deposit thereof in separate containers or receptacles (including but not limited to wildlife resistant containers) and may prescribe the method of disposal thereof. (Ord. 1149 § 2, 2015).
8.12.080 Protection of collection containers from wildlife.
In order to protect garbage collection containers from wildlife, including but not limited to bears, the following shall apply.
A. It shall be a Class 2 civil infraction to negligently feed wildlife by allowing wildlife access to garbage containers. Violation of this subsection shall be subject to such penalties as provided in RCW 7.80.120(1)(b) or as the same may be amended from time to time. After being issued an infraction for negligent feeding of wildlife, use of a wildlife resistant garbage container shall be required.
B. It shall be a misdemeanor to intentionally feed wildlife by allowing wildlife access to garbage containers after having been issued an infraction for negligent feeding wildlife or having been notified in writing by the public works director to use a wildlife resistant garbage container.
C. Wildlife resistant garbage containers and enclosures shall be kept closed and secure when garbage is not being deposited. Violation of this subsection shall constitute intentional feeding of wildlife and be subject to such penalties as prescribed in subsection A of this section.
D. If any container or enclosure is damaged, allowing access by wildlife, the customer shall cause repairs to the container or enclosure to be made within 72 hours of written notification by the public works director. Violation of this subsection shall constitute negligent feeding of wildlife and be subject to such penalties as prescribed in subsection A of this section. (Ord. 1149 § 2, 2015).
8.12.090 Hazardous waste and special waste.
A. No hazardous waste or special waste shall be deposited in any garbage, recyclable or compostable receptacles for collection by the contractor. Proper disposal of hazardous waste or special waste shall be and remain the responsibility of the customer.
B. It shall be a gross misdemeanor to knowingly deposit hazardous waste or special waste in any garbage, recyclable or compostable receptacles for collection by the contractor. (Ord. 1149 § 2, 2015).
8.12.100 Improper disposal by individuals – Penalties.
A. It is unlawful for any person to bury, burn, dump, collect, remove, or in any other manner dispose of garbage upon any street, alley, public place or private property within the city, other than as provided in this chapter.
B. It is unlawful for any person to burn garbage, recyclables or compostables, or engage in any act prohibited by WAC 173-425-040 through 173-425-060, except as part of an “Indian ceremonial fire” or “recreational fire” as those terms are defined in WAC 173-425-030(8) and 173-425-030(21), respectively. Fires used for debris disposal purposes are not considered recreational fires. Violation of this subsection shall be subject to such penalties as may be prescribed in Chapter 173-425 WAC or as the same may be amended from time to time.
C. It is unlawful for any person to bury, burn or dump wastepaper, boxes, rubbish, and debris, grass, leaves, weeds and cuttings from trees, lawns, shrubs, and gardens, upon any street, alley or public place, or collect or remove the same over any public right-of-way in the city, other than as provided in this chapter. It shall not constitute a violation of this chapter to rake or remove leaves or other debris from any street, alley or public place for the purpose of maintaining flow into the city stormwater system. Violation of this subsection shall be a Class 1 infraction and subject to such penalties as provided in RCW 7.80.120(1)(a) or as the same may be amended from time to time.
D. No garbage, compostables, recyclables or compost pile shall be kept or maintained unless kept in appropriate containers and unless sufficient appropriate material or substance is used to prevent foul or unpleasant odors and the presence of flies, insects, bugs, rodents or other pests or menaces to public health and welfare. Violation of this subsection shall be a public nuisance subject to abatement and penalties as provided in Chapter 8.16 SMC. (Ord. 1149 § 2, 2015).
8.12.110 Authority to regulate reserved by city.
The city shall have the power, from time to time, to adopt by ordinance such regulations, duties and responsibilities, and such other matters as may be necessary in the discretion of the city council, for the proper execution of this chapter and to protect the public health. (Ord. 1149 § 2, 2015).