HomeMy WebLinkAbout2317ORDINANCE NO.,?j{ -J
AN ORDINANCE establishing a Solid Waste Utility
within the Department of Public Works and a
Solid Waste Utility Fund; regulating the
collection and disposal of garbage and other
wastes; providing for the operation of a
compulsory system of mechanized garbage
collection and disposal and setting the rates
therefor; establishing regulations and rates
for use of the City Sanitary Landfill; repealing
Sections 1 through 9, 12, 14 and 15 of Ordinance
1327, Section 1 of Ordinance 2126, and
Ordinances 1532, 1697, 1851, 1862, 2047, 2067,
2128, 2226, and 2251, and Chapters 8.04, 8.12,
and 8.32 of the Port Angeles Municipal Code
in their entirety; amending Chapter 3.32 of the
Port Angeles Muncipal Code; and adding new
Chapters 13.52, 13.54, and 13.56 to the Port
Angeles Municipal Code.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT
ANGELES as follows:
Section 1. Chapter 3.32 of the Port Angeles Municipal
Code is hereby amended to read as follows:
3.32.010 Creation. There is created and established a
special fund designated and known as the "Solid Waste Utility
Fund" into which all sums collected under Chapters 13.16, 13.54
and 13.56 shall be deposited and kept and from which all expenses
of the administration, maintenance and operation of the Solid
Waste Utility shall be paid.
Section 2. There is hereby adopted a new Chapter 13.52
of the Port Angeles Municipal Code to read as follows:
CHAPTER 13.52
SOLID WASTE UTILITY
13.52.010 Creation. For the purpose of carrying into
effect the Solid Waste regulations of this Title, there is
created and established a Solid Waste Utility within the
Department of Public Works.
13.52.020 Director of Public Works - Responsibilities.
The Director of Public Works, hereinafter also referred to as
"Director ", shall have full charge and control of all work
provided for and contemplated by the Solid Waste regulations of
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this Title. The Director, with such assistance of personnel and
equipment as are furnished him by the City for the operation of
the Solid Waste Utility, shall collect, remove and dispose of all
garbage, rubbish, trash and offal within the City of Port Angeles
as provided for in Chapter 13.54 PAMC.
13.52.030 Acquisition of Necessary Equipment. The
City Council is authorized to, from time to time, acquire such
equipment and authorize the employment of such personnel to
assist the Director as in its judgment seems necessary or
advisable. All expenditures therefor shall be from the Solid
Waste Utility Fund created under PAMC 3.32.010.
Section 3. There is hereby adopted a new Chapter 13.54
of the Port Angeles Municipal Code to read as follows:
CHAPTER 13.54
GARBAGE COLLECTION
13.54.010 Compliance with Chapter Required. It is
unlawful for any person to burn, dump, collect, remove or in any
other manner dispose of garbage, rubbish, trash, offal, and any
other waste upon or over any of the streets, alleys, public
places or private property within the City otherwise than as
provided in this Chapter.
13.54.020 Definitions. For the purposes of this
Chapter, the following words and phrases have the meanings
respectively ascribed to them by this Section:
A. "Ashes" means solid waste products produced after the
combustion of coal, wood, other fuels, and other
combustible material.
B. "City business" means any business whose principal
place of business is within the City limits of Port
Angeles.
C. "City resident" means any person residing within the
legal City limits of Port Angeles.
D. "Collector of refuse" means the Solid Waste Utility
within the Department of Public Works and any person
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having a contract with or license from the City for the
removal of refuse, or any State - licensed refuse
collector operating outside the City.
E. "Commercial dwelling" means a building or group of
buildings designed, intended for, or used for any
purpose other than single or multiple dwellings, and
shall include office buildings. Any building or group
of buildings where combined residence and business is
practiced, where such business is advertised by a sign
of any type on the premises and /or is listed in the
telephone directory as a business, shall be classified
as commercial, unless specifically exempted by the City
Manager or his designee, based on the services
rendered.
F. "Container" means a receptacle which is of the type
approved by the City and furnished by the City for use
with its mechanical refuse collection system. The
container shall not be less than 60 gallons nor more
than 420 gallons in capacity. The two types of
containers are roll -out containers and stationary
containers. Roll -out containers are 60 or 90 gallons
in capacity and have wheels for ease in moving the
containers. Stationary containers are 300 or 420
gallons in capacity and are used in alleys and for
commercial applications.
G. "Contractor" means any authorized person contracting
with or having a license or permit to collect and
dispose of refuse in the City, or his authorized agent.
H. "Dangerous waste" means any discarded, useless,
unwanted, or abandoned non - radioactive substances,
including but not limited to certain pesticides or any
residues or containers of such substances which are
disposed of in such quantity or concentration as to
pose a substantial present or potential hazard to human
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health, wildlife, or the environment because such
wastes or constituents or combinations of such wastes:
(1) have short - lived, toxic properties that may cause
death, injury or illness or have mutogenic,
teradogenic or carcinogenic properties; or
(2) are corrosive, explosive, flammable, or may
generate pressure through decomposition or other
means.
I. "Dead animals" means all animals, large or small, which
may die or be killed for other than food purposes.
J. "Director" means the Director of Public Works for the
City of Port Angeles, and his authorized supervisors.
K. "Garbage" means all putrescible animal or vegetable
wastes resulting from handling, preparation, cooking
and consumption of food in any private dwelling house,
multiple dwelling, hotel, restaurant, building or
institution.
L. "Health officer" means the City or County health
officer as defined by the laws of the State.
M. "Landfill" means the Sanitary Landfill disposal area as
administered and regulated by the City under Chapter
13.56 PAMC.
N. "Multiple dwelling" means a building or group of
buildings designed as, or intended for, or used as
two or more dwellings, such as apartments, rooming
houses, multiple houses or courts and tenant houses;
provided such building or group of buildings are under
common ownership and have a common refuse disposal
site; and provided further, that such group of
buildings by nature of contruction or reference infer
multi -plex dwelling, except tourist courts, motels,
hotels and trailer courts, or any other establishment
catering to transient residents; and provided that, for
the purpose of this Chapter, three rooms shall be equal
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to one apartment and any number of rooms shall be
billed to the nearest multiple of three.
0. "Offal" means waste animal matter from butcher,
slaughter or packing houses.
P. "Person" means every person, firm, partnership,
association, institution and corporation. The terms
also mean the occupant or owner of the premises for
which service is rendered pursuant to this Chapter.
Q. "Refuse" means garbage, rubbish, trash, and offal, as
defined herein, placed and stored together in a
standard refuse container.
R. "Rubbish" means all cardboard, plastic, metal, glass,
food containers, wastepaper, rags, sweepings, small
pieces of wood, excelsior, rubber, leather and similar
waste materials that ordinarily accumulate around a
home, business or industry including lawn cuttings. It
does not include bulk waste, tree and hedge trimmings,
dead animals, dangerous wastes, hazardous materials,
industrial waste or building waste resulting from
construction or alterations.
S. "Sanitation service charge" means a charge imposed by
the City Council for the services performed by the
Solid Waste Utility.
T. "Single dwelling" means a building designed as, or
intended for, or used as, a residence for a single
family or a group of persons other than a single
family, using such building as a single housekeeping
unit.
U. "Trash" means all waste matter not subject to decay or
putrifaction which, for the purpose of this Chapter,
includes ashes.
V. "Waste" and "wastes" means all discarded materials
and /or substances.
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13.54.030 Compulsory Service. It is compulsory to
take a collection service for refuse provided by the City within
the City, except as provided in this Chapter. Every residence
within the City receiving water from the City Water Utility shall
be billed for the collection of refuse at the same time such
residence is billed for water, and shall pay for such collection
service in the same manner and within the same limits of time as
are furnished for the payment of charges for water furnished to
such residence, and at the minimum rate provided in Section
13.54.040.
13.54.035 Cleanup Obligation. It is unlawful for any
person in possession, charge or control of any premises from
which refuse is collected by the City, knowing that such refuse
has been deposited by the elements, animals, or other causes,
upon public property, or private property not owned or occupied
by such person, to fail to clean up such refuse so deposited in a
period of 24 hours.
13.54.040 Rates Schedule.
A. The rate for the collection of refuse shall be $6 per
month per single dwelling, whether a 60/90 or 300/420 gallon
container is used.
B. The rate for the collection of refuse other than for a
single dwelling in City -owned containers, shall be as follows:
NUMBER OF
PICKUPS PER CONTAINER CAPACITY
WEEK 60/90 gal. 300/420 gal.
1 $ 6 $ 29.80
2 12 48.70
3 18 67.60
4 24 86.50
5 30 105.40
6 36 124.25
C. The rate for the collection of refuse in non- City -owned
containers for other other public agencies shall be as follows:
NUMBER OF
PICKUPS PER
WEEK
300/420 gal.
1 $ 19.80
2 38.70
3 57.60
4 76.50
5 95.40
6 114.25
D. There shall be a $2 monthly minimum sanitation service
charge for all commercial dwellings that do not otherwise pay for
refuse collection under this section, in order to reimburse the
City for the costs of servicing outlying dumpsters and commercial
dumpsters in the Downtown area.
13.54.050 Containers Used by City Residents Only. No
person other than City residents or City businesses shall dispose
of garbage, trash, rubbish, offal, or any other waste, in the
City -owned containers.
13.54.060 Container Requirements.
A. Required. It shall be the duty of every person in
possession, charge or control of any single dwelling, multiple
dwelling, or commercial dwelling where waste is created or
accumulated, at all times to use City -owned containers, or other
containers as approved by the Director, in accordance with this
Chapter and to deposit or cause to be deposited refuse therein.
If such a person is furnished a roll -out container, then such
person shall be responsible for maintaining the container in a
clean condition.
B. Sunken cans and containers shall be prohibited.
C. Location. No containers shall be kept or stored within
the confines of any street or public alley in the City, except as
otherwise provided in this Chapter. In blocks in which there are
alleys, stationary containers shall be kept on private property
in a convenient and accessible location adjacent to such alley;
provided that stationary containers may be located in City alley
rights -of -way if the Director determines that such placement is
safe and practical. In blocks where there are no alleys, roll-
out containers shall be kept on private property until the day of
collection; provided that such roll -out containers shall be
placed so that the lid opens toward the collection vehicle when
it is dumped and in a readily accessible location to the traveled
roadway of the street near the curb so that the automated
collection vehicle can reach them on the appropriate day and
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time; and provided further that such roll -out containers shall be
removed from the curb within 24 hours after their collection.
For multiple dwellings and commercial dwellings, the
stationary containers shall be placed in a readily accessible
location on private property, as approved by the Director for
collection using the mechanized vehicle.
Mobile home parks shall be required to provide central
storage areas throughout the mobile home parks for the location
of refuse containers; provided that no individual mobile home
owner shall be required to walk more than 150 feet in any
direction from his mobile home to deposit or pick up his waste in
the containers.
C. Special Containers. Suitable containers, such as
compactor units and drop boxes, may, with permission from the
Director, be used by establishments which dispose of refuse in
such quantity that containers, as defined in this Chapter, would
be impractical or inefficient. These containers shall be kept in
good condition with close- fitting lids and water -tight construc-
tion. Should the condition deteriorate, the Director may, upon
notification in writing to the owner, require the container to be
replaced or repaired within 48 hours.
D. Prohibited Materials.
(1) No rocks or dirt are to be placed in containers.
(2) No manure, animal droppings, or human excrement
are to be placed in containers, but such are to be placed in
separate containers and hauled by the owner to the Landfill at
the owner's expense.
(3) No tree or hedge trimmings are to be placed in
containers unless cut to appropriate lengths that will not damage
the containers or impede collection.
E. Container Damage and Replacement. If any container
shall be damaged through abuse by a residential or commercial
user, the user shall replace the same or pay for its repair.
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13.54.070 Unacceptable Wastes Designated. The
following wastes shall be considered unacceptable for collection,
or disposal at the Landfill, without the special permission of
the Director and a payment of a negotiated fee and /or special
disposal conditions:
A. Dangerous Wastes.
B. Unusual quantities of materials resulting from the
repair, excavation, or construction of buildings or structures,
such as earth, plaster, mortar and roofing materials.
C. Materials which have not been prepared for collection
in accordance with these regulations.
D. Dead animals.
13.54.080 Garbage - Draining, Wrapping and Sanitary
Conditions Required.
A. All garbage shall be drained of liquids and wrapped in
paper or other material before being deposited in the container.
The City may refuse to collect undrained garbage which is in a
liquid or semi - liquid state, unwrapped and improperly placed.
B. The owner or person in charge of the place where refuse
containers are located shall maintain the place in a clean and
sanitary condition, except where such condition is caused by
someone or something for which the owner or person in charge is
not legally responsible.
13.54.090 Private Collectors - Equipment Regulations.
A. Enclosed Bodies of Refuse Collection Vehicles. All
private vehicles used for the collection or disposal of waste,
for hire in the City, shall have enclosed bodies, or suitable
provisions for covering the bodies. The use of a tarpaulin or
canvas cover to enclose open bodies of collection vehicles may be
permitted upon approval of the Director.
B. Water -Tight Garbage Collection Vehicles. Vehicles used
for the collection or disposal of garbage or any other wastes
shall have water -tight metal bodies of easily cleanable construc-
tion.
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13.54.100 Assistance to Elderly and /or Handicapped.
If elderly, handicapped, and /or disabled residents have
difficulty disposing of their refuse and have no other available
alternative for complying with the requirements of this Chapter,
they may notify the Solid Waste Utility, which may arrange to
assist in providing special collection service to such
individuals at no extra cost.
Section 4. There is hereby adopted a new Chapter 13.56
of the Port Angeles Municipal Code to read as follows:
CHAPTER 13.56
SANITARY LANDFILL
13.56.010 Definitions. The definitions set forth in
PAMC 13.54.020 are hereby adopted by this reference for the
purpose of this Chapter. In addition, as used in this Chapter,
the following terms have the following meanings:
A. "Commercial user" means any person hauling refuse from,
or as a result of, any business, commercial or industrial
enterprise, regardless of where said enterprise is located.
B. "Non -City user" means any user of the Sanitary Landfill
site who resides outside of the City limits and /or who hauls
refuse that is generated outside the City limits.
C. "Covered load" means that material to be deposited in
Sanitary Landfill that is contained or restrained, such that
material cannot fall, slip or otherwise escape from the
the
the
vehicle in which it transported to the Sanitary Landfill, and
thereby be deposited onto a roadway or property adjacent to the
roadway.
13.56.020 Rate - Commercial and Outside City.
A. Commercial users and non-City users and uncovered loads
of City users shall be charged and shall pay the following rates
for dumping refuse at the Sanitary Landfill site:
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Pounds
Non -City Users,
City Commercial
and Uncovered Load
Rate
0 - 199
200 - 299
300 - 399
400 - 499
500 - 599
600 - 699
700 - 799
800 - 899
900 - 999
1000 - 1099
1100 - 1199
1200 - 1299
1300 - 1399
1400 - 1499
1500 - 1599
1600 - 1699
1700 - 1799
1800 - 1899
1900 - 1999
2000 and over
$ 1.25
1.85
2.45
3.05
3.65
4.25
4.85
5.45
6.05
6.65
7.25
7.85
8.45
9.05
9.65
10.25
10.85
11.45
12.05
12.25 per ton
B. In addition to the fees established by sub - section A of
this Section, uncovered loads of non -City users shall be charged
an additional $2 fee.
13.56.030 Rate - Special Items. All users of the
Sanitary Landfill site shall be charged and shall pay the
following rates for dumping the following certain types of
refuse:
Item Rate
Tires (automobile and truck)
Appliances
$0.25 each
0.50 each.
13.56.040 Stumps and Trees Prohibited. No stumps or
trees shall be deposited or dumped at the Sanitary Landfill site.
13.56.050 Junked or Wrecked Automotive Vehicles
Prohibited. The dumping or placement of junked or wrecked
automotive vehicles at the Sanitary Landfill site is prohibited.
13.56.060 Landfill Disposal Area Regulations.
A. Use Generally. The City Sanitary Landfill disposal
area shall be open at such times designated by the Director.
Those persons hauling their own refuse to the disposal site shall
place such refuse where directed by the operator of the disposal
area and shall pay those fees as set forth by the City Council.
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B. Origin of Refuse. Acceptable refuse originating within
the City limits and transported to the Sanitary Landfill by any
person shall be accepted for disposal during the designated hours
of operation. All persons offering such acceptable refuse may be
required to submit proof of origin of the material in the form of
a certificate certifying ownership and that the material
originated within the City. Use of the Sanitary Landfill site by
persons living outside the City limits shall be upon the basis of
a special service charge set by the City Council.
C. Burning. It is unlawful for any unauthorized person to
set fire to, or burn, any waste in the Landfill grounds used by
the City unless granted permission by the Director to do so.
D. Scavenging. All materials delivered to and disposed of
at the landfill are the property of the City. No unauthorized
person shall scavenge, separate, collect, carry off, or dispose
of, such material unless authorized to do so by written permit of
the Director.
E. Unlawful Entry. It is unlawful for any person to enter
the Landfill area except when an attendant is present during the
designated hours of operation.
Section 5. Sections 1 through 9, 12, 14, and 15 of
Ordinance 1327, Section 1 of Ordinance 2126, Ordinances 1532,
1697, 1851, 1862, 2047, 2067, 2128, and 2251, and Chapters 8.04,
8.12, and 8.32 of the Port Angeles Municipal Code, are hereby
repealed.
Section 6. This ordinance shall take effect as
provided by law.
PASSED by the City Council of the City of Port Angeles
and approved by its Mayor at a regular meeting of said Council
held on the /day of October, 1984.
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ATTEST:
.r_.L. . / Al
Merr A. Lannoye, City Cle'k
APPRO
AS TO FORM:
Craig D. Iutson, City Attorney
PUBLISHED: ( a)) /91V
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MAY R