Ord 93-167
ORDINANCE NO.
93-167
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, AMENDING ITS SOLID
WASTE AND RECYCLING UTILITY, AND AMENDING ITS
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
ORD I
93-167
, PAGE 1
functions related to t~~~~,
'".'J} ~.:~{1¡1.
,,"," f':l"!\J. ~),?
ORIGINA~
authorities and other police power
safety, and welfare of its citizens; and
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 Recyclinq utility and Rate
Definitions.
As used in this Chapter, the following
definitions apply:
ORD #
93-167
, PAGE 2
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
chapter 8l.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 or recyclinq
receptacle
eeRtaiRel' compatible with the
CelleetieR
Celllf aRY'S
Franchisee's equipment that is not a mini -can. standard garbage
can, garbage unit, or mobile toter.
DroD boxes are considered
detachable
containers.
Detachable
containers
are
qenerallY
provided bY Federal Way Disposal. but may be owned by customers at
the customer's request and with the Franchisee's approval.
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
ORD #
93-167
, PAGE 3
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 S9601 et seq.; RCRA, 42
use §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.l05; the state Hazardous Waste Fee Act, RCW
70.l05A; 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.
~
"Extra Unit"
is defined as aarbaae
set out
in
addition to the amount of service subscribed to bY the customer.
such as larqe items as flocked Christmas trees and qarbaae in
boxes. cartons. baas. qarbaqe receptacles. etc.
Each extra unit is
from one to 32 aallons and shall not exceed 32 aallons. 4 cubic
feet or 65 Ibs. Cincludina contents).
An extra unit charqe shall
be levied when an extra unit is set out bY a customer and collected
bv the Franchisee.
6-r
JL..
"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....
1.....
"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.
ORD # 93-167
, PAGE 4
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, ~ 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
sumps.
Collection and disposal of matter excluded from the term
"Garbage" shall be as otherwise provided by law.
1.
"c::arsalJe GaR" meaRS a wa$er -tiljJfit, lJalvaRieeei, SRee$
metal, raiseà ee$$em eeRtaiRer er B~itaele plaetie eeRtaiRer Ret
exeeeeiiRIJ
(
(fe~r)
e~sie
feet
er thirty t~.:e
(32)
lJalleRS
iR
oapaei$y, ~eilJRiRIJ Re$ ever fif$eeR (15) peQRàs ~~eR eEp$y, fi$$eà
'..:ith ~....e s$~reiy haReiles,
eRe eft eaeh siàe,
aftei a $ilJh$ eever
e~ippeà ~ith a haRdle.
J.
"Garbaae Receptacle" includes detachable containers.
mini-cans. standard qarbaae can. qarbaae unit and/or mobile toters.
ORD # 93-167
, PAGE 5
J-,-
K....
"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 4ft 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.
h
.b.
"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.
I:rr
H....
"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.
H....
"Mini-Can" shall mean a ten or twenty qallon can
used for the collection of residential aarbaae bv the Franchisee.
These cans shall be provided bv the Franchisee and shall remain the
proDerty of the Franchisee.
Thev are provided and assianed to
residences for the health. safetv. convenience and qeneral welfare
of the occupants.
NT
.Q.....
IIMobile Toter" means a moveable receptacle ooataiflcr
which holds at least sixty (60) to (90) gallons at a maximum of &P
two hundred (200) pounds of garbage, and a hinge type and lid with
ORD #
93-167
, PAGE 6
tight fit, thick-skinned, one-piece balanced weight body which sits
on tires,
which will be picked up at curbside with hydraulic
eauicment ei~eter.
These toters shall be provided to customers
subscribina to toter service bv the Franchisee and shall remain the
propertv of the Franchisee.
Thev are provided and assiqned for the
health. safetv. convenience and aenera1 welfare of the customers.
M-r
f....
"Multiple-Family Complex" shall mean a structure
containing five (5) or more dwelling units.
e-.-
Q....
"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.
1>-.-
R....
"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-r-
~.
"Reeyelable CeRtaiRer Recvclina Receptacle" -
includes the followinq:
1)
designated bins, mobile toters or
detachable containers in which recyclable materials can be stored
and
later
placed
at
curbside,
alley
side
or
other
location
designated by the Director or Celleetieß CeJllllaßY the Franchisee
with the concurrence of the Director.
The tePm alee ißel~eiee. s~t
ia Ret limiteei to 1l
designated commercial eiro)!! seucs detachable
containers and compactors at locations as may be specified by the
Director or 3}
any baq. box or containment unit set out bY the
ORD #
93-167
, PAGE 7
customer that is clearly identifiable to collection personnel bv
means of a label or siqn. as containina recvclables. which must
also be collected bv collection personnel when recvclables are
collected. except when such containment units exceed sixtY-five
(65) pounds in weiqht.
R-.-
1:.
"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, ~ ferrous and
non ferria ferrous cans, HDPE and PET plastic bottles (bottles are
defined as having a neck)
except bottles that once contained
danaerous or household hazardous waste aRei àa~iR~ Rever eeR~aiReei
teuie materials), mixed paper, magazines, and cardboard accumulated
and intended for recycling or reuse and collection hy a eellee'ÊieR
eelll !!aRY er eeRtraeter the Franchisee.
This term excludes all
dangerous wastes and hazardous wastes defined in chapter 70.105 RCW
and chapter 70.l05A RCW, yard wastes and solid wastes intended for
disposal in a land fill,
incinerator,
or solid waste disposal
facility under WAC l73-304.
All recyclable materials intended for
collection by a City autheriBed eelleetieR eelll !!aRY er eeR'Êrae'Êer
the Franchisee shall remain the responsibility and ownership of
participants
until
such materials
as
contained
in
eieei~Ra'Êed
reeyele
eeRtaiRera
recvclinq
receptacles
are
placed
out
for
collection
fer
the
alitheriBeei
eeR'Êrae'Êer
bv
the
Franchisee.
Materials then become the responsibility and the property of the
Collection Company or authorized contractor subject to the right of
the participant to claim lost property of value.
ORD #
91-167
, PAGE 8
s-.-
IL..
"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 l73-304, and chapter 70.l05 RCW and
chapter 70.l05A RCW.
v.
"Solid Waste utilitv" shall mean that eflteFBJ!"Íse
fund of
the
citv of
Federal
Wav manaqina
the
financial
and
administrative
responsibilitv
for
solid
waste
collection
and
disDosal and recvclinq.
'P-r
W.
"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.
x...
"Special Dispatch".
A pick-up requested bv a
resident or business at a time other than the reqularlv scheduled
pick-UD time. if aPDlicable.
If a special disDatch is required.
the rates as adopted in the ordinance concernina rates adopted bv
the citv Council will applv.
x....
"Standard
Garbage
Can"
means
a
water
tight,
galvanized, sheet metal, raised-bottom eefttaifter containment unit
or suitable plastic containment unit eefltaifler approximate Iv but
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.
Standard aarbaqe cans shall be provided bv
residents.
ORD #
q1-167
, PAGE 9
y,.
z.....
"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.
¥-r
AA.
"W.U.T.C." shall mean the Washington utilities and
Transportation commission.
WT
AB.
"Yard Waste" shall include, but not be limited to:
grass clippings, shrubbery, leaves, tree limbs and branches, which
branches cannot exceed three (3) inches in diameter and four (4)
feet in lengthT. and excludes sod and rocks.
AC.
"Yard Waste Bundles" shall consist of yard waste
limbs and branches and shall not exceed anv of the followina
maximums:
four foot lenqth: two foot diameter: or weiqht of sixtv-
five (65) pounds.
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 8l.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.
C.
Exemption for Occasional Residential Haulinq.
This
section does
not
apply
to
the
occasional
ORD #
93-167
, PAGE 10
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 December and January from all residential
customers who receive yard waste subscription service on a date or
dates agreed to by the Celleetieft Sempafty Franchisee and the 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 and/or on public lands.
The Director shall
promulgate administrative rules, for the implementation of this
subsection, following consultation with the Celleetieft Cem~afty the
Franchisee.
ORD #
93-167
, PAGE 1l
E.
Garbaae and Refuse Collection Business Reaistration
Required.
The gallee~iaft Cam~afty Franchisee operating pursuant to
and
in
compliance
with
this
Chapter
shall
be
issued
upon
application a Federal Way business registration ~arB~aR~ ~a Ci~y af
Feeieral Hay Oreiiftaftee 91 8e;.
F.
Public Works Director Shall ~uBer,iaÐ Administer.
The
Director,
or
the
Director's
representative,
is
hereby
authorized and directed to Bti~erJiBe administer 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
standard garbage
cans,
or
approved garbage units,
mini-cans.
receptacles.
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,
mini-cans.
qarbaae
units.
receptacles. 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
ORD I
93-167
, PAGE 12
as defined in Section 2-J K.
c.
Any standard garbage can when filled shall not weigh
more than sixty-five (65) pounds and shall be so packed that the
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.
.K...
Anv recvclinq receptacle when filled shall not weiqh
more than sixtv-five l65} pounds in weiqht.
.L.
Anv extra unit when filled shall not exceed sixtv-
five l65} pounds.
~
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.
~
!!....
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
ORD #
Q"\-1¡;7
, PAGE l3
collection if collection is later.
¥..-
L..
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
to prevent as nearly as possible the moisture from such garbage
from coming into contact with the sides or the bottoms of the
containers.
1I.s lised ill 'Ehis seetiall, "dall JeE"aliS aE" haeaE"delis waS'Ee"
.ealls allY salid ~aS'Ee Elesi JlIa'Eed as Elall JeE"aliS aE" haeaE"Ela1iS waS'Ee hy
the £tate gepaE"tmell'E af Eeela~ lillEleE" eRap'EeE"s 79.195 alle!. 79.19511.
ROW,
aftd SlieR '...as'Ee sRall he dispased af eallsistellt with the
ÐepaE"eæell'E af Eeala~ ~leB alle!. Re~latieRs.
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.
shall be discarded.
Worn-out and improper cans
If.-
!L..
Residential units shall use a container authorized
and approved by the City and Celleetiell CampallY the Franchisee.
MaBile teters alld tell (19) !JaIleR alld tvellty (29) Jallell .illi Balla
All aarbaae and recvclable receDtacles. . except standard qarbaqe
cans. shall be provided by the Cellcctioll CompallY Franchisee and
shall remain the property of the Calleetiall CempallY Franchisee and
are provided and assigned to residences for the health, safety,
ORD #
93-167
, PAGE l4
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
eelleetieft Gelllllaft':{ the Franchisee, 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.
h
K...
It shall be unlawful, except as authorized by the
occupant, Celleet:ieft Gempafty the Franchisee 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.
~
h
Deposit of yard waste in gelid waste eefttaifters
qarbaqe
receptacles
or
recycling
eefttaifters
receptacles
for
collection by the Franchisee shall be unlawful.
No selie!. '...aste
qarbaqe 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.
ORD #
Q~-1¡;7
, PAGE 15
section 5.
Kinq County 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.
section 6.
County Powers and Requlations.
Pursuant to
RCW 70.95.l60,
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
ORD #
93-167
, PAGE 16
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
prohibit the customary collection and sale of recyclable
and
reusable materials by persons or private recyclers or affect the
rights of waste generators to continue to accumulate, buy, sell or
give recyclable materials to persons other than the Cellee~iel'l
Oempal'lY e~ aa~he~iBee!. Franchise&r. provided that the Franchisee has
the exclusive riaht to collect curbside recyclables. and yard waste
in mobile toters or yard waste bundles. provided. further. that
this exclusive riqht shall not applv to commercial customers.
The
Director
shall
provide
for
public
service
announcements, cooperation with the media, coordination.with the
Colle~tion 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 ooRtaiRcrs receptacles shall be
placed at curbside, alley side, or other locations as determined by
the
Director
or
Cellee~ieft
CempaRY
the
Franchisee
with
the
ORD #
93-167
, PAGE l7
concurrence of the Director.
Backyard collection of recyclable
shall not be required of the Collection Company or Franchisee
except under special circumstances determined by the Director,
including disabled or elderly participants.
Section 8.
Commercial Recvclina Proqram - Citv
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. solid waste. qarbaqe. refuse 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 recyclableL
solid waste. aarbaqe. refuse and yard waste materials passes to the
Franchisee as hereinabove provided.
It shall be unlawful for any
person other than the Franchisee to remove or collect any such
recyclable materials. qarbaqe. solid waste. refuse or yard waste
materials once they are set out on the curb side or other approved
location....: provided. however. that such exclusive riaht shall exist
onlv within the franchise area covered bv the W.U.T.C. franchise to
the authorized Franchisee effective December l. 1991. and shall
exclude the W.U.T.C. franchise or permit held bv other parties: and
provided. further.
IIe'-"e", er, 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.
ORD #
93-167
, PAGE l8
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 re~iree!. reauested bv the customer
bat shall ftet e!feeed efte lIie][ lip lIer day,
five days per week,
Monday through Friday, between the hours of 1.: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
lO:OO
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 recyclables shall be made every two
weeks from residences shall se mae!.e setweeft the helirs ef 7188 a.m.
aftd 5189 11.18., Meftàay thre\iljh Friday.
All recvclable material
shall be collected everv two weeks on the same dav as solid waste
collection.
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 semi-monthly yard
pickup,
collection shall be made on the same day per week as
regular garbage collection. Mebile heme eearte may ha"o'e eelleetieft
ef yare!. "aste eftly \illeR aljreemeRt ef the City aRe!. the CelleetieR
Fraftehisee.
All residential collections shall be scheduled to be
collected between the hours of 7:00 a.m. and 5:00 p.m.. Monday
throuqh Fridav.
ORD #
93-167
, PAGE 19
~
For
special
dispatch requests
made
bv
residents
or
businesses at times other than the times and/or davs listed in the
above two paraqraphs.
the Franchisee is authorized to issue a
special dispatch for the collection of this material. if between
7:00 a.m. and 8:00 c.m. or if an emerqencv or if approved bv the
Director.
.!L...
The Franchisee may chanae the collection day bv qivina
notice to the Director a minimum of sixtv (60) davs in advance and
the affected customers at least seven (7) calendar days prior to
the effective date of such chanqe.
The form of the notice to the
customers shall be sub;ect to acproval bv the citv.
E.
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 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.
ORD I
93-167
, PAGE 20
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.
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.
Selid ¡¡aa1>e J!'a1>es shall Jae effeetiye JaRliary 1,
1992.
The yard ¡..as1>e aRà ee!èiReà reeyeliRIjJ aRà sslià ¡..as1>e
eellee~ieR rates shall Jae effee1>ive FeJarliary l, 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 affirmed.
section
15.
. Severability.
The provisions of this
ordinance are declared separate and severable.
The invalidity of
any clause, sentence, paragraph, subdivision, section, or portion
of this ordinance or the invalidity of the application thereof to
any person or circumstance, shall not affect the validity of the
ORD #
93-167
, PAGE 2l
remainder of the ordinance, or the validity of its application to
other persons or circumstances.
section 16.
Effective Date.
This ordinance shall be
effective thirty (30) days after passage, as provided by law.
PASSED by the city Council of the city of Federal Way
this
16th
day of
March
, 1993.
CITY OF FEDERAL WAY
'?~)
~RT STEAD
. SWANEY, CMC
APPROVED AS
\
CAROLYN A. LAKE
FILED WITH THE CITY CLERK: 3/16/93
PASSED BY THE CITY COUNCIL: 3/16/93
PUBLISHED: 3/24/93
EFFECTIVE DATE: 4/16/93
ORDINANCE NO. 93-167
la\kathleer\ordin\sw-ree.393
ORD #
93-167
, PAGE 22
EXHIBIT A
RATES AND RETAINAGESFOR SERVICE
The following schedules list the charges for services rendered By within each category of service f!f!tI-.4fle
amoHat r-e!aiaeå BY the eeatfaeter.
A. Single Family Solid Waste and Recyc1ables Collection Residential Rates
Rate Category
Customer's
Rate
10 Gal Mini Can
4.10
6.80
20 Gal Mini Can
One 32 Gallon Can
10.88
Two 32 Gallon Cans
16.32
Three 32 Gallon Cans
22.03
30.00
Four 32 Gallon Cans
Fiye 32 Gallon Cans
36.00
16.00
0 Gallon Toter
/I 90 Gallon Toter
Extra Unit
21.50
3.00
Canyout Charge for Non-Infirm
Customers
Carryout Chare:e for Infirm Customers (those
with proof of uhysical disability or infirmity
for all residents at customer's address)
B. Yard Waste Collection
City
Retainage
-1.31
-.87
.95
~ 2.50
.y;¡ 2.00
=M4 2.00
~2.oo
~ 1.00
~ 1.00
.45
Franchisee
SfW
Retainage
3.61
5.87
8.13
4-I-M 12.02
~18.23
~ 26.20
~ 32.20
ß.;!Q 13.20
14,;!( 18.70
2.55
Franchisee
Recycling
Retainage
Total
Franchisee
Retainage
Charge
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Per Pickuo
Over 5 feet but not over 25 feet the rate is $0.65 and for
each additional 25 feet or fraction thereof. add $0.40.
1.80
5.41
7.67
1.80
1.80
9.93
Rates in effect for residential. multi-family and commercial account are set forth below. Of the rates
collected. 100% of these monies are retained by the Franchisee.
1.80
HM 13.82
~ 20.03
Rate Catee:ory Rate Charge
SINGLE FAMILY
90 gallon toter 4.25 Monthly
(regular coll. schedule)
1.80
1.80
~ 28.00
1.80
~ 34.00
44,GQ 15.00
1.80
1.80
M,Qg 20.50
2.55
--
-
No charge will be levied
Appendix to the Agreement
Pa!!e Two
Rate Category
Extra unit of yard waste for
subscribers (in addition to
90-gallon toter)
Large Quantities of bundled
prunings
Rate
Charge
$1.46 per unit
Per Pickup
$4.25 yard (180
gallon equivalent)
on scheduled yard
waste days
Per Pickup
MULTI FAMILY AND COMMERCIAL
Rate Category
One cubic yard container
Two cubic yard container
90 galIon toter
Monthly Rate Charge
$29.22 Weekly
$54.78 Weekly
~ Sin!!le Family Schedule
C. Rates for Commercial and Multi-Family Solid Waste and Recycling
1. Multi-family Solid Waste and Recyclin!! Collection (Can Service)
a. Solid Waste Only
Existing comDlexes with curbside can service will be charged for each 32 !!allon can collected. Each unit
shall receive curbside service. The entire complex must subscribe at a rate of $7.50 per can per month.
Of the rates colIected. $7.14 is retained by the Franchisee and $0.36 is retained by the City.
b. Solid Waste and Recyc1ables
Existin!! complexes with curbside can service will be char!!ed for solid waste and recycling pickup at each
unit. Each unit shall receive curbside service for solid waste and recyc1ables and each unit in the entire
complex must subscribe to the same level of service at the charges and retainaæs listed below:
Apoendix to the Agreement
Page Three
Rale Category Customer's City Franchi... Franchi..e Totol Chsrge
Rate Retoinog. SIW R.toinog. Recycling Franchi...
Retoinoge Retoinoge
10 Gal Mini Can 4.10 -1.31 3.61 1.80 5.41 Monthly
20 Go1Mini Can 6.80 -.87 5.87 1.80 7.67 Monthly
One 32 GoUon Can 10.88 .95 8.13 1.80 9.93 Monthly
Two 32 GoUon Cons 16.32 2.68 11.84 1.80 13.64 Monthly
60 GoUon Toter 16.00 2.00 12.20 1.80 14.00 Monthly
90 GoUon Totor 21.50 5.50 14.20 1.80 16.00 Monthly
2, Rates and Retaina¡¡:es for Collection of Solid Waste Using Toters or Containers
Commercial Rates (NOT COMMINGLED)
a. Rates Charged to Customers
RECEPTACLE SIZE
NUMBER OF PICKUPS PER WEEK
UNIT SIZE 1 2 3 4 5
60 Gallon Toter 21.00 nJa fila fila fila
90 Gallon Toter 31.00 fila fila fila fila
1 Cubic Yard 42.25 76,35 110.08 144.55 178,65
1.5 Cubic Yards 56.45 102.55 148.65 194.75 240,85
2 Cubic Yards 75.99 139.43 202.87 266.31 329.75
3 Cubic Yards 98.70 181.55 264.40 347.25 430.10
4 Cubic Yards 128.01 238.02 348.03 458.04 568.05
6 Cubic Yards 177.34 331.68 486,02 640,36 794.70
8 Cubic Yards 223.90 420.40 616.19 813.40 1009.90
Bulk Mat'ls ($/yd) 6.75 fila fila fila fila
ADDendix to the Al!reement
Page Four
b. City Solid Waste Retainage Amounts
RECEPTACLE SIZE
NUMBER OF PICKUPS PER WEEK
UNIT SIZE 1 2 3 4 ~
60 Gallon Toter .25 n/a n/a n/a n/a
90 Gallon Toter .25 n/a n/a n/a n/a
I Cubic Yard .....iQ ~ .50 ~ ~
1.5 Cubic Yards .50 .50 .50 .50 .50
2 Cubic Yards .50 .50 .50 .50 .50
3 Cubic Yards .....iQ ~ ~ ~ ~
4 Cubic Yards l,jQ 1.50 1.50 l,jQ 1.50
6 Cubic Yards 2.30 UQ UQ UQ 2.30
8 Cubic Yards 3.04 3.04 3.04 3.04 lJM
Bulk Mat'ls ($/yd) ~O
3. Rates Charged to Customers for the Collection of Recyclables Usinl! Toters or Containers (Franchisee
retains 100% of rates)
COMMERCIl.L RATES (CO MINGLED)
RECEPTACLE SIZE
NUMBER OF PICKUPS PER WEEK
UNIT SIZE 1 2 3 4 5
60 Gallon Toter 9.00 n/a n/a n/a nJa
90 Gallon Toter 11.00 n/a n/a n/a n/a
1 Cubic Yard 30.77 53.39 76.01 98.63 121.25
2 Cubic Yards 52.33 92.11 131.89 171.67 211.45
3 Cubic Yards 67.85 119.85 171.85 223.85 275.85
4 Cubic Yards 87.02 156.04 225.06 294.08 363.10
6 Cubic Yards 119.97 216.94 313.91 410.88 507.85
8 Cubic Yards 150.72 274.04 397.36 520.68 644.00
Appendix to the Al?reement
Page Five
4. Monthly Rate for CoIlection of Glass Recyclables
Container
~ Frequency
60 Gallon Toter
~ Weekly
5. Rate for SDecial Dispatches
For residential or commercial special dispatches. the rate shall be $56.00 rer hour. with a minimum of one
hour. plus tip.,ping fees to dispose of the material.