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Ord 91-124 ORDINANCE NO. 91-124 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ESTABLISHING A SOLID WASTE AND RECYCLING UTILITY, AND CREATING A SOLID WASTE COLLECTION AND RECYCLING UTILITY PROGRAM. WHEREAS, the City of Federal Way ("city") incorporated on February 28, 1990; and WHEREAS, RCW 35.13.280 provides that all franchises existing at the time of incorporation continue to exist for a period of five years; and WHEREAS, the City desires to create a solid waste and recycling utility program to provide for a franchise directly for the provision of solid waste collection and a recycling program; and WHEREAS, the current WUTC franchise holder of the major portion of the City is willing to forego the WUTC franchise; and WHEREAS, the city adopted the King County Solid Waste Comprehensive Plan and adopted a related Recycling Program implementing a portion of that Plan; and WHEREAS, the city participates in an Interlocal Agreement with King County for the development of a solid waste management plan for the collection and disposal of solid waste and recycling and comprehensive King county solid waste management plan council resolution and inter local agreement; and WHEREAS, the City also exercises environmental control, litter control, land use and development control, and abatement authorities and other police power functions related to the health, safety, and welfare of its citizens; and COpy WHEREAS, the City is authorized to establish a system of collection for solid waste and recyclable and reusable materials, including the regulation of recycling centers by ordinance and award of franchises for residential and commercial collection of solid waste and recycling under the city's direction; and WHEREAS, the City recognizes that its local regulatory authority to manage, regulate, maintain, operate, control and subsidize a local solid waste collection and recycling program would foster and is consistent with resource management priorities developed under chapter 70.95 RCW; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: section 1. Findinqs. The Council finds that the generation, accumulation, and collection of solid waste and residential and commercial materials capable of reuse, resource recovery, and recycling are of such a local nature as to affect the public's health, safety, and welfare without local incentives and regulations to promote a uniform system of collection; and the generation and accumulation of such materials may become a public nuisance, pose a threat of fire, and may present a potential environmental and public health risk to the affected community. section 2. Solid Waste and Recvclinq utilitv and Rate Definitions. As used in this Chapter, the following definitions apply: A. "Collection Company" means the persons, firms or corporations or combination thereof certified by the Washington utilities and Transportation commission ("W.U.T.C.") pursuant to - 2 - chapter 81.77 RCW to engage in the business of operating as both a garbage and refuse collection company, including an authorized franchisee for the collection of recyclable materials under this Chapter in areas including all or part of the City. B. "commercial Customer" shall mean a non-residential, non-industrial customer and those multi-family complexes not selecting residential service for each unit. C. "Detachable container" means any garbage container compatible with the Collection Company's equipment that is not a garbage can, garbage unit, or mobile toter. D. "Director" means the Director of the Public Works Department. E. "Eligible Household" shall mean a residence containing not more than four (4) dwelling units and in which each unit receives single-family unit collection services. F. "Environmental Damage" as the term used in this chapter shall include but not be limited to damages, costs, claims and liabilities for alleged injury, harm or degradation to the air, soils, surface water or ground water, costs, claims and liabilities for personal injury or property damages (including diminution or destruction of property values) arising from any such alleged injury, harm or degradation. This term shall also include any investigative, response or remedial costs or liabilities that may be incurred or imposed under CERCLA, 42 USC §9601 et seq.; RCRA, 42 USC §6902 et seq.; the state Water Pollution Control Act, RCW 90.48; the Washington Clean Air Act, RCW 70.94; the state Hazardous Management Act, RCW 70.105; the state Hazardous Waste Fee Act, RCW - 3 - 70.105A; and other Federal or state environmental laws. The term shall not include capital, operating and management costs in accordance with current or future standard practices or required by applicable regulations governing the operation of solid waste facilities. G. "Franchisee Retainage" means the amount of the monthly rate per account that shall be retained by the Franchisee from actual cash collections in consideration for the cost of service. H. "Garbage" means all accumulation of refuse, swill, and other solid waste matter not intended for recycling or reuse and discarded as of no further value to the owner. 1. "Refuse" means waste matter discarded as of no further value, including broken concrete, plaster, brick, other building materials, building waste, fire refuse and waste, ashes, cinders, clinkers, broken-up household furnishings and equipment, discarded hot-water tanks, bottles, barrels, cartons, paper, and scraps of wooden crates and boxes; but shall exclude large trees, earth, sand, gravel, rock, automobile bodies, and large auto parts. 2. "swill" means all accumulations of animal, fruit or vegetable matter, liquid or otherwise, that attends the preparation, use, dealing in or storing of meat, fish, fowl, fruit, and vegetables. 3. The term "Garbage" excludes recyclable materials intended for recycling under this Chapter, yard waste, manure, sewage and sewage sludge, dead animals over fifteen (15) pounds, and cleanings from public and private catch basins, wash racks or - 4 - sumps. Collection and disposal of matter excluded from the term "Garbage" shall be as otherwise provided by law. 1. "Garbage Can" means a water tight, galvanized, sheet metal, raised-bottom container or suitable plastic container not exceeding 4 (four) cubic feet or thirty-two (32) gallons in capacity, weighing not over fifteen (15) pounds when empty, fitted with two sturdy handles, one on each side, and a tight cover equipped with a handle. J. "Garbage units" means secure and tight bundles, none of which shall exceed three (3) feet in the longest dimension and shall not exceed sixty (60) pounds in weight. Garbage units may also mean small discarded boxes, barrels or bags, or in securely tight cartons or other receptacles not intended for recycling under this Chapter and able to be reasonably handled and loaded by one person unto a collection vehicle. K. "Industrial Customer" shall mean any commercial customer for municipal solid waste collection services in the City generating in excess of one hundred seventy-five (175) tons of municipal solid waste per week on an on-going basis. L. "Industrial Waste" shall mean and include waste generated as a by-product of manufacturing operations, usually consisting of large quantities of paper, cardboard, metal, plastic, scrap lumber and dunnage, and other .materials incidental to and connected with manufacturing process and not otherwise included in the definition of "Garbage", "Hazardous", or "Special Waste", as described herein. - 5 - M. "Mul tiple-Family Complex" shall mean a structure containing five (5) or more dwelling units. N. "Mobile Toter" means a moveable container which holds at least sixty (60) gallons or one hundred thirty (130) pounds of garbage, and a hinge type lid with tight fit, thick-skinned, one- piece balanced weight body which sits on tires, which will be picked up at curbside with hydraulic dumpster and only supplied by Franchiser. o. "Payments to the City" means the amount of the rate per account less the franchise retainage amount that shall be paid to the City within thirty (30) days from the billing of customer accounts. P. "Person" means every person, firm, partnership, association, institution, or corporation in the City of Federal Way accumulating garbage requiring disposal or generating, accumulating, and collecting recyclable materials. The term shall also mean the occupation and/or the owner or any premises for which service herein mentioned is rendered. Q. "Recyclable container" means designated bins or containers in which recyclable materials can be stored and later placed at curbside, alley side or other location designated by the Director or Collection Company with the concurrence of the Director. The term also includes but is not limited to designated commercial drop boxes and compactors at locations as may be specified by the Director. - 6 - R. "Recyclable Materials" means waste materials generated in the City of Federal Way capable of reuse from a waste stream as designated by the Director, including but not limited to sorted or unsorted newsprint, glass, aluminum, ferris and non- ferris cans, HDPE and PET plastic bottles (bottles are defined as having a neck, and having never contained toxic materials), mixed paper, magazines, and cardboard accumulated and intended for recycling or reuse and collection by a collection company or franchisee. This term excludes all dangerous wastes and hazardous wastes defined in chapter 70.105 RCW and chapter 70.105A RCW, yard wastes and solid wastes intended for disposal in a land fill, incinerator, or solid waste disposal facility under WAC 173-304. All recyclable materials intended for collection by a City authorized collection company or franchisee shall remain the responsibility and ownership of participants until such materials as contained in designated recycle containers are placed out for collection for the authorized franchisee. Materials then become the responsibility and the property of the collection company or authorized franchisee subject to the right of the participant to claim lost property of value. s. "Solid Waste" shall be as defined under WAC 173-304- 100(73) , and includes refuse with the exception of sludge from wastewater treatment plants and septage, from septic tanks, extremely hazardous wastes, dangerous wastes, and problem wastes as defined in WAC 173-303 and 173-304, and chapter 70.105 RCW and chapter 70.105A RCW. - 7 - T. "Solid Waste utility Program shall mean the functions performed by the City of Federal Way associated with solid waste collection and disposal and recycling, paid from the General Fund or other funds designated by the City Council. u. "Waste, Hazardous or Dangerous," means any solid waste designated as dangerous or hazardous waste by the State Department of Ecology under chapters 70.105 and 70.105A RCW, and such waste shall be disposed of consistent with the Department of Ecology Rules and Regulations. v. "W.U.T.C." shall mean the Washington utilities and Transportation Commission. W. "Yard Waste" shall include but not be limited to grass clippings, shrubbery, leaves, and tree limbs and branches, which branches cannot exceed three (3) inches in diameter and four (4) feet in length. section 3. Collection. A. Authorized Haulers. Garbage collection shall be made by garbage and refuse collection companies as authorized by the W.U.T.C. pursuant to chapter 81.77 RCW and under franchise for such collection with the City of Federal Way. B. Unlawful to Haul without Permit. It shall be unlawful for any person, other than those duly authorized by the City, to haul garbage through the streets of the City to dump garbage. - 8 - C. Exemption for Occasional Residential Haulinq. This section does not apply to the occasional hauling by residential customers of refuse or recyclable materials to an approved site, D. Garbaqe and Refuse Collection - Duties Required. To provide for the public health, safety and general welfare, collection companies operating within the city, to the extent permitted by law, at no additional cost to the City or its residents, shall: 1. Comply with all provisions of the city of Federal Way code and any amendments thereof, applicable Federal, state and County laws and regulations pertaining to the collection, handling, transportation and disposal of garbage. The City shall be entitled, during regular business hours, to inspect the books and records of the collection companies operating within the city of Federal Way. 2. pick up unflocked, undecorated natural Christmas trees each January from all residential customers who receive yard waste subscription service on a date or dates agreed to by the Collection Company and City. 3. Provide for semi-annual residential cleanup in the spring and fall of each year to allow for cleanup of garbage in public rights-of-way. The Director shall promulgate administrative rules, for the implementation of this subsection, following consultation with the Collection Company. - 9 - E. Garbaqe and Refuse Collection Business Reqistration Required. The Collection Company operating pursuant to and in compliance with this Chapter shall be issued upon application a business registration pursuant to City of Federal Way Ordinance 91- 86. F. Public Works Director Shall Supervise. The Director, or the Director's representative, is hereby authorized and directed to supervise the collection and disposal of all garbage, recyclables, and yard waste as herein defined. section 4. Garbaqe Accumulation. A. All persons accumulating garbage in the City of Federal Way shall place and accumulate the same in approved garbage cans, or approved garbage units, approved mobile toters, or approved detachable containers as required by the City. B. It shall be unlawful to deposit, throw, or place any garbage in any land, alley, street or other public place, or to deposit, throw or place any garbage or such materials on any private property regardless of the ownership, unless the garbage is placed in approved garbage cans, containers or toters, the covers of which shall not be removed except when necessary for the depositing or removing of garbage and such materials; provided, however, that boxes, small barrels, cartons, scraps of wooden crates and boxes, broken up household furniture and equipment, paper, hollow ware and rubbish in general may be broken up or cut up and placed in garbage units as defined in section 2-J. C. Any garbage can when filled shall not weigh more than sixty-five (65) pounds and shall be so packed that the - 10 - contents shall dump out readily when the can is inverted. All garbage cans and garbage units shall be placed in convenient, accessible locations upon the ground level or ground floor and as near as practicable to the approximate rear of the building or near the alley, street or road at which collection trucks are to be loaded; all walks, paths, and driveways to the place of loading shall have an overhead clearance of not less than eight (8) feet. D. Any mobile toter, when filled, shall not weigh more than two hundred (200) pounds and shall be so packed that the contents thereof will dump out readily. All recycling and/or garbage containers shall be placed at curbside or alley before 7:00 a.m. and removed from the curb or alley as soon as possible after collection, but no later than 7:00 p.m. E. Any person accumulating garbage in the downtown or suburban business areas whose location requires the placing of cans, containers, or units on a sidewalk or alley for collection shall not place same on sidewalk or alley until the close of each business day, and shall remove cans from sidewalk or alley immediately after the opening for business each morning or collection if collection is later. F. No hot ashes or other hot materials, dirt, sand, rocks, gasoline, solvents, oil, paint or dangerous or hazardous wastes shall be placed in any garbage can, garbage unit, detachable container, mobile toter, for collection or removal. All kitchen, table and cooking waste before being deposited in garbage cans, garbage units, detachable containers or mobile toters shall be drained and wrapped in paper or other material in such a manner as - 11 - to prevent as nearly as possible the moisture from such garbage from coming into contact with the sides or the bottoms of the containers. As used in this section, "dangerous or hazardous waste" means any solid waste designated as dangerous or hazardous waste by the state Department of Ecology under chapters 70.105 and 70.105A RCW, and such waste shall be disposed of consistent with the Department of Ecology Rules and Regulations. G. When use of garbage cans is allowed or required, sufficient garbage cans must be provided for the collection of all garbage as defined by this Chapter. Worn-out and improper cans shall be discarded. H. Residential units shall use a container authorized and approved by the City and Collection Company. Mobile toters and ten (10) gallon and twenty (20) gallon mini-cans shall be provided by the Collection Company and shall remain the property of the Collection Company and are provided and assigned to residences for the health, safety, convenience, and general welfare of the occupants. The containers shall not be damaged, destroyed or removed from the premises by any person. Markings and identification services on the containers, except as placed or specifically permitted by the Collection Company, are expressly prohibited and shall be regarded as damage to the containers and an unlawful injury to property punishable under this Chapter and applicable Federal Way City Codes. 1. It shall be unlawful, except as authorized by the - 12 - occupant, Collection Company or the City, to deposit any garbage or other material in any garbage can, garbage unit, detachable container, or mobile toter, designated recycle container, or to remove the covers therefrom; said covers shall be securely placed on each such can, toter, container, or unit at all times, except when it is necessary to remove same for deposit or at times of collection. J. Deposit of yard waste in solid waste containers or recycling containers for collection by the Franchisee shall be unalwful. No solid waste or recyclable materials that are mixed with yard waste will be collected. Yard waste will only be collected if the yard waste is separate and contained in approved containers and the resident is participating in the City's yard waste collection program. Section 5. Kinq Countv Svstem Desiqnated. A. All solid waste generated within the corporate limits of the City of Federal Way shall be disposed of at a King County solid waste facility. B. King County is authorized to designate disposal sites as official King County solid waste sites for the disposal of all solid waste generated. C. No solid waste may be diverted from the disposal sites designated by King County without King County approval, all in accordance with the Interlocal Agreement between the City of Federal Way and King County. - 13 - section 6. County Powers and Requlations. Pursuant to RCW 70.95.160, the City determines that King County shall not exercise any powers regarding the levels and types of service for any aspect of solid waste handling in the City. County regulation and ordinances regarding levels and types of service for and aspect of solid waste handling, including recycling, shall not apply within the corporate limits of the City. section 7. Collection of Solid Waste. Recvclable Materials. and Yard Waste. A. Collection companies and authorized franchisees operating in compliance with this Chapter are permitted to enter into an agreement with the City and to enter private property to collect solid waste, yard waste and recyclable materials from participants under a program administered and agreed to by the City or as may be further prescribed in regulations promulgated by the Director. Subject to terms and conditions of any such franchise and regulations, said companies are solely responsible for all costs of removal, marketing, and disposal of solid waste, yard waste and recyclable materials placed out for collection by program participants. B. The Director is authorized to prepare any implementing regulations necessary for the development and implementation of a voluntary garbage collection program with recycling rates built in for participation by residential and commercial generators of waste materials. Such program shall not prohibi t the customary collection and sale of recyclable and reusable materials by persons or private recyclers or affect the - 14- rights of waste generators to continue to accumulate, buy, sell or give recyclable materials to persons other than the Collection Company or authorized Franchisee. The Director shall provide for public service announcements, cooperation with the media, coordination with the collection Company and authorized Franchisee, and information in City publications to the public notifying the public of recycling program elements and collection times, all in accordance with the franchise between the Collection and Recycling Company and the City of Federal Way. C. Designated recycle containers shall be placed at curbside, alley side, or other locations as determined by the Director or Collection Company with the concurrence of the Director. Backyard collection of recyclable shall not be required of the Collection Company or Franchisee except under special cîrcumstances determined by the Director, including disabled or elderly participants. section 8. Commercial Recvclinq Proqram - city Participation. Pursuant to chapter 70.95 RCW and King County Comprehensive Solid Waste Management Plan, adopted by the City, the City determines that it shall participate, at a level acceptable to the City, with King County in a commercial recycling program. section 9. Anti-scavenqinq. Once residential recyclable materials and residential yard waste materials have been set out on the curbside or at such other locations as authorized by the city, ownership of those recyclable and yard waste materials passes to - 15 - the Franchisee as hereinabove provided. It shall be unlawful for any person other than the Franchisee to remove or collect any such recyclable materials or yard waste materials once they are set out on the curb side or other approved location. However, any occupant may donate recyclable and yard waste materials to any non- commercial entity or may provide or deliver to such entities recyclable or yard waste materials delivered to a location where it is legal to accept such materials. section 10. Schedule of Collection. All garbage, recyclable and yard wastes as herein provided shall be collected within the boundaries of the city as follows: A. Regular collection for business firms and commercial enterprises shall be as often as required but shall not exceed one pick-up per day, five days per week, Monday through Friday, between the hours of 6:00 a.m. and 8:00 p.m., unless the City authorizes an extension of such time, provided that collection may be made up to 10:00 p.m., for commercial areas not adjacent to residential areas. B. Regular collections of garbage shall be made once a week and regular collection of recyclable every two weeks from residences shall be made between the hours of 7:00 a.m. and 5: 00 p. m., Monday through Friday. Regular collection of yard waste from residences except those located in mobile-home courts shall be weekly during the months of April - November, monthly during the months of December and January, and every two (2) weeks during the months of February and March. During periods of weekly or monthly yard pickup, collection shall be made on the same day per week as regular garbage collection. Mobile-home courts may have collection - 16 - of yard waste only upon agreement of the City and the Collection Franchisee. When a legal holiday falls during the week and the Franchisee does not work on such holiday, Saturday collections will be permitted. section 11. Billinqs, Collections and Payments. Unless otherwise specified in any franchise between the city and the City's Collection Franchisee, the Franchisee shall collect charges for services rendered hereunder from the person as hereunto defined for whom collection services are furnished and/or owner of the property for which the collection service is rendered in accordance with Exhibit A Rates for Service. Such billing shall be made monthly or quarterly and may include charges for such other services rendered by the Franchisee to such person. All collection must be handled by the Franchisee and the Franchisee is responsible for all delinquencies; any such delinquencies shall not alleviate the Franchisee from any obligations to the city. The Franchisee shall retain the amounts authorized in Exhibit A as franchisee retainage from revenue collected in consideration for the cost of service. The Franchisee shall make payments to the city within thirty (30) days after the billing of customer accounts. The payment shall be equal to the monthly rate less the franchisee retainage amount as specified in Exhibit A. - 17 - section 12. Rates for Services. The Rates for services schedule as contained in Exhibit A, attached hereto and incorporated by reference, is hereby adopted as charges to be paid to the City for services rendered for each category contained in the schedule. Solid waste rates shall be effective January 1, 1992. The yard waste and combined recycling and solid waste collection rates shall be effective February 1, 1992. section 13. Lien and Enforcement. Failure to pay any charge for solid waste collection and disposal, recyclable materials collection and disposal, or yard waste collection and disposal shall become a lien against the property for which the collection service is rendered. section 14. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and confirmed. section 15. Effective Date. This ordinance shall take effect and be in force five (5) days from and after the passage, approval and publication as provided by law. this PASSED by the city council of the City of Federal Way /7Úv day of ;¡¿,,~¡?~/, 1991. CITY OF FEDERAL WAY iJe L1./L/ ~ MAYOR, DEBRA ERTEL CMC - 18 - APPROVED AS TO FORM: mY ATTo¿Q ~~~&Ø FILED WITH THE CITY CLERK: 12/17/91 PASSED BY THE CITY COUNCIL: 12/17/91 PUBLISHED: 12/20/91 EFFECTIVE DATE: 12/25/91 ORDINANCE NO. 91-124 91L24l - 19 - EXHIBIT A RATES FOR SERVICE The following schedule lists the monthly charges for services rendered by each category and the amount retained by the contractor! A. RESIDENTIAL RATES 1. 2. 3. 4. 5. 6. 7. 8. 10 gallon mini can 20 gallon mini can 32 gallon mini can Two 32 gallon cans Three 32 gallon cans 60 gallon toter 90 gallon toter Yard waste collection $4.10 $8.05 $12.05 $18.10 $24.10 $1695 $22.60 $4.25 B. COMMERCIAL RATES (NOT CO-MINGLED) 1 I Numbe~ I 31 41 $42.25 $76.35 $110.08 $144.55 $56.45 $102.55 $148.65 $194.75 $75.99 $139.43 $202.87 $266.31 $98.70 $181.55 $264.40 $347.25 $128.01 $238.02 $348.03 $458.04 $177.34 $331.68 $486.02 $640.36 $223.90 $420.40 $616.19 $813.40 $6.75 per cubic yard 51 $178.65 $240.85 $329.75 $430.10 $568.05 $794.70 $1,009.90 1. 2. 3. 4. 5. 6. 7. 8. I Container Size I cubic yard 1 .5 cubic yards 2 cubic yards . 3 cubic yards 4 cubic yards 6 cubic yards 8 cubic yards bulk yardage C. COMMERCIAL RATES (CO-MINGLED) 1 INumbe~ I 31 41 51 I Container Size 1. 1 cubic yard $30.77 $53.39 $76.01 $98.63 $121.25 2. 2 cubic yards $52.33 $92.11 $131.89 $171.67 $211.45 3. 3 cubic yards $67.85 $119.85 $171.85 $223.85 $275.85 4. 4 cubic yards $87.02 $156.04 $225.06 $294.08 $363.10 5. 6 cubic yards $119.97 $216.94 $313.91 $410.88 $507.85 6. 8 cubic yards $150.72 $274.04 $397.36 $520.68 $644.00 7. bulk yardage $6.75 per cubic yard D. CONTRACTOR RETAINAGE 1. 10 gallon mini can $3.61 2. 20 gallon mini can $5.87 3. 32 gallon can $8.13 4. Two 32 gallon cans $11.84 5. Three 32 gallon cans $15.36 6. 60 gallon toter $12.20 7. 90 gallon toter $14.20 8. Recycling $1.80 9. Yard Waste $4.25 10. Commercial Accounts Same as Schedules Band C E. For services not included in the above rates, the franchisee shall charge fees consistent with the fees approved by the Washington Utilities and Transportation Commission for Federal Way Disposal's current tariff as of December 17, 1991.