Chapter 6.09
SOLID WASTE DISPOSAL SYSTEM

Sections:

6.09.010    Definitions.

6.09.020    Grays Harbor County to designate disposal sites.

6.09.030    Unlawful disposal of solid waste.

6.09.040    Approval of intergovernmental agreement.

6.09.010 Definitions.

As used in this chapter, the following definitions shall apply:

“Agreement” means the “Intergovernmental Agreement Regarding Solid Waste Disposal,” attached to the ordinance codified in this chapter and incorporated herein by this reference.

“City” means the city of Westport, Washington.

“Comprehensive solid waste management plan” means the county solid waste management plan adopted by the county by resolution, as it may be amended or superseded from time to time. The comprehensive solid waste management plan is incorporated herein by this reference.

“County” means Grays Harbor County, Washington, a political subdivision of the state of Washington.

“Disposal site” means a disposal site as defined by RCW 70.95.030.

“Handling” means solid waste handling, as defined herein.

“Hazardous waste” means any waste, material or substance (other than asbestos), which 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 of 1976, 42 U.S.C. Sections 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.; The Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. Section 9601 et seq., as amended by the Superfund Amendments and Reauthorization Act (“SARA”) of 1986, or any other federal statute or regulation governing the treatment, storage, handling or disposal of waste, materials or substances, which imposes special handling or disposal requirements similar to those required by Subtitle C of RCRA; or

(2) Defined as dangerous or extremely hazardous by Chapter 173-303 WAC and regulated as dangerous waste or extremely hazardous waste by the Washington Department of Ecology under the State Hazardous Waste Management Act, Chapter 70.105D RCW, or any other Washington State statute or regulation governing the treatment, storage, handling or disposal of wastes, materials or substances, which imposed special handling or disposal requirements similar to those required by Chapter 70.105 RCW. “Hazardous waste” shall include certain mixed waste as defined under Chapter 173-303 WAC, i.e., a dangerous, extremely hazardous, or acutely hazardous waste that contains both a nonradioactive hazardous component and source or special nuclear or by-product material subject to the Atomic Energy Act of 1954, moderate risk waste as defined by Chapter 173-304 WAC. “Hazardous waste” shall not include biomedical waste as defined by Chapter 70.95K RCW, the handling of such biomedical waste being governed by regulations promulgated by the Grays Harbor County department of health.

Certain waste that is not as of the effective date of the ordinance codified in this chapter included in this definition may after that date come within its scope as determined by a governmental entity with jurisdiction; certain other waste that is within the definition may cease to be so included. Accordingly, any waste, material or substance shall be deemed hazardous waste at the time, but only so long as and to the extent that it is included in the definition of hazardous waste set forth above.

“Operator” means any person with whom the county contracts for the design, construction, ownership or operation of any solid waste handling facility.

“Person” means an individual, firm, association, partnership, political subdivision, government agency, municipality, public or private corporation, or any other entity whatsoever.

“Recyclable materials” means recyclable materials as defined by RCW 70.95.030.

“Recycling” means recycling as defined by RCW 70.95.030.

“Solid waste” means solid waste as defined by RCW 70.95.030 with the exception of: (1) waste that is diverted from the waste stream by legal self-disposal, utilization, reuse or recycling; (2) wood waste; (3) land-clearing debris, construction debris and demolition debris; (4) yard clippings and other yard waste, and (5) hazardous waste.

“Solid waste handling” or “handling” means solid waste handling as defined by RCW 70.95.030. (Ord. 954 § 1, 1994)

6.09.020 Grays Harbor County to designate disposal sites.

(1) Except as provided in subsection (3) of this section, all solid waste that originates within the corporate limits of the city of Westport shall be disposed of at a solid waste disposal site or other solid waste handling facility designated by the county as a site for the disposal or other handling of solid waste.

(2) The county is authorized to designate disposal sites and other solid waste handling facilities for the disposal and other handling of all solid waste. The county may impose such rules and charge such fees as it may deem necessary or appropriate to govern the disposal and other handling of solid waste at facilities, and the county may provide for the establishment of such rules and fees by operators. All persons disposing of solid waste originating within the city at a disposal site or other solid waste handling facility shall comply with those rules and pay those fees, subject to the terms of any applicable interlocal agreement or contract between an operator and the county. The city, the county and any operator may take such actions as it deems necessary and appropriate to enforce those rules and collect those fees, including the barring of any person from use of that facility for noncompliance with the operator’s rules or the nonpayment of fees.

(3) No solid waste originating within the city may be disposed of at any disposal site or other solid waste handling facility other than at the disposal sites or other facilities designated by the county unless that disposal is allowed by the county consistent with the comprehensive solid waste management plan and applicable contracts with operators.

(4) The provisions of this chapter shall not reduce or otherwise affect the city’s control over solid waste collection as permitted by applicable state law. (Ord. 954 § 2, 1994)

6.09.030 Unlawful disposal of solid waste.

(1) It is unlawful for any person to dispose of any solid waste originating within the incorporated area of the city at any site or facility other than a disposal site or other solid waste handling facility designated by the county.

(2) Unless the county allows the disposal or other handling of such a material, article or substance, it is unlawful for any person to dispose of or otherwise handle any material, article or substance originating within the city at a disposal site or other solid waste handling facility if that article or substance: (A) is hazardous waste, (B) is not solid waste, or (C) is not solid waste allowed by the county, by interlocal agreement or by contract between the county and an operator to be disposed of or other handling at the relevant facility based on the type, volume, time of delivery, means and manner of conveyance or person delivering that solid waste.

(3) Each violation of or failure to comply with the provisions of subsections (1) or (2) of this section shall be a civil infraction, and any person found in violation thereof shall be subject to a penalty not to exceed $1,000. A conviction of a civil infraction shall not give rise to any disability or legal disadvantage based on the conviction of a criminal offense. Upon a judgment for fine and costs rendered on a conviction of a violation, execution may be issued against the property of a defendant and returned in the same manner as in civil actions.

(4) Each knowing violation of or knowing failure to comply with the provisions of subsections (1) or (2) of this section shall be a misdemeanor, and any person found guilty thereof shall be punished by a fine not to exceed the maximum allowed by law or imprisonment in jail not to exceed the maximum allowed by law, or by both such fine and imprisonment.

(5) The penalties authorized in subsections (3), (4) and (5) of this section shall not be exclusive. Violation of the provisions of this chapter may also give rise to revocation of licenses and permits or such other remedies or actions necessary to carry out the purpose of this chapter.

(6) The appropriate officers and employees of the city are authorized and directed to take all lawful actions reasonably available to enforce in a timely manner the provisions of WMC 6.09.020 and this section against any person violating the provisions of those sections, including but not limited to: (A) bringing a civil and/or criminal action against that person and providing testimony and cooperation in the prosecution of that action, (B) barring that person from use of a disposal site or other solid waste handling facility, (C) terminating any contract with or license or franchise granted to that person, (D) requesting that the Washington Utilities and Transportation Commission revoke any person’s certificate to collect or transport solid waste or recyclable material, (E) seeking equitable relief against that person, and (F) any other legally available remedy. However, nothing in this chapter is intended nor shall it be construed to require the city to take any action against a person relating to disposal of solid waste outside of the corporate limits of the city.

(7) Any solid waste disposal site hereafter established, altered, improved, operated or maintained in violation of any of the provisions of this chapter shall be and the same is declared to be unlawful and a public nuisance. Any violation of this section is declared to be a public nuisance. The city attorney, at the direction of the city council, may take steps necessary to abate such nuisances and to restrain and enjoin further unlawful acts. This section shall not limit or restrict any other power or authority authorized by law.

(8) The mayor and other appropriate officers of the city are authorized to commission or deputize officers and employees of the county to assist in the enforcement of this chapter. The county is authorized to promulgate such regulations as it deems necessary to carry out the purposes of this chapter, and such regulations shall be effective with respect to solid waste originating in the city. (Ord. 954 § 3, 1994)

6.09.040 Approval of intergovernmental agreement.

The city council finds that the execution of the agreement provides for the health and safety of the city, is in the best interests of the residents of the city and is consistent with the comprehensive solid waste management plan and the obligation of the city and the county to provide for the safe and efficient disposal of solid waste. Therefore, the mayor is authorized and directed to execute the agreement on behalf of the city. (Ord. 954 § 4, 1994)