Loading...
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 • • 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 -2-- 1 • • 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 -3- 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 -4.- 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. -5- 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 -7- • • 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. -8- 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. -9- 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: • • 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. • • 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. • ATTEST: .r_.L. . / Al Merr A. Lannoye, City Cle'k APPRO AS TO FORM: Craig D. Iutson, City Attorney PUBLISHED: ( a)) /91V • MAY R