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HomeMy WebLinkAbout3075ORDINANCE NO. 3075 AN ORDINANCE of the City of Port Angeles, Washington, revising the City's solid waste collection and disposal regulations and rates relating to recycling and yard waste and amending Ordinance 2317 as amended, Ordinance 2630, and Chapters 13.54 and 13.56 of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. Ordinance 2317 as amended and Chapter 13.54 PAMC are hereby amended by amending PAMC 13.54.020 to read as follows: 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 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, 1 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 300 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 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 nonradioactive 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 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 mutagenic, teratogenic 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. 2 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 construction or reference infer multiplex 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 to one apartment and any number of rooms shall be billed to the nearest multiple of three. O. "Offal" means waste animal matter from butcher, slaughterer 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. "Recycling Container" means a receptacle which is of the type approved by the City and furnished by the recycling contractor for the collection of recyclable materials. 3 R. "Recyclable materials" includes all metals, all glass, some plastics (at a minimum, two -liter soda bottles and gallon milk jugs), and some paper (at a minimum newsprint, cardboard, ledger paper, and computer paper). S. "Refuse" means garbage, rubbish, trash, and offal, as defined herein, placed and stored together in a standard refuse container. T. "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. U. "Sanitation service charge" means a charge imposed by the City Council for the services performed by the Solid Waste Utility. V. "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. W. "Trash" means all waste matter not subject to decay or putrefaction which, for the purpose of this Chapter, includes ashes. X. "Waste" and "wastes" means all discarded materials and/or substances. 3. Y. "Yard Wastes" includes leaves, grass, flowers, etc., as well as branches and pruning, less than four inches (4 ") in diameter and four feet (4') in length. "Yard Wastes" excludes food waste, metals, plastics, and synthetic fibers, construction and demolition debris lttmberwith metals, any wood or tree limbs over four inches (4 ") in diameter and/or exceeding four feet (4') in length, rocks, sod, and dirt . (Ord. 2630, §1, 4/1/91; Ord. 2317 §2, 10/26/84) 4 Section 2. Ordinance 2317 as amended and Chapter 13.54 of the Port Angeles Municipal Code are hereby amended by amending PAMC 13.54.060 to read as follows: 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 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 5 ,ollection 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. D. 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 watertight construction. 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. E. 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 yard waste is to be placed in refuse ontainers. ullu .1�uni. F. 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. (Ord. 2317 §3, 10/26/84) 6 Section 3. Ordinance 2360 and Chapter 13.54 of the Port Angeles Municipal Code are hereby amended by amending PAMC 13.54.065 to read as follows: 13.54.065 Recycling C Requirements. A. Participation in the recycling program shall be voluntary. *B. Recyclable materials shall be deposited into City - provided recycling containers, or other containers as approved by the Director. voluntary. BC. Recycling containers shall be placed at the location and time designated by the City for collection and shall be removed from that location within 24 hours after their collection. eD. All materials deposited into the City - provided recycling containers are the property of the City. No unauthorized person shall scavenge, separate, collect, carry off, or dispose of, such materials unless authorized to do so by written permit of the Director. DE. Yard waste to be collected shall be placed at the location and time designated by the City for collection. Yard waste shall be placed in approved yard waste containers for collection and-strch except that prunings and branches meeting the definition of "yard waste" may be tied in bundles and not placed in containers. Yard waste containers shall be removed from the collection location within 24 hours after collection. An approved yard waste container shall be either a standardplastic or metal garbage can, not exceeding 32 gallons in volume with two sturdy handles, one on each side, and with a secure fitting lid with a handle. Plastic bags shall not be used as containers for yard waste. 1✓F. No materials other than recyclable materials as defined herein and as designated by the Director shall be placed in recycling containers. The presence of nonrecyclable materials will cause the container to be treated as refuse and a special pick -up charge assessed to the account. 7 fG. If any City- provided recycling container shall be damaged through the abuse of the user, the user shall replace the same or pay for its replacement or repair. H. Each loaded container shall weigh a maximum of fifty pounds. Section 4. Ordinance 2317 as amended and Chapter 13.56 PAMC are hereby amended by amending PAMC 13.56.020 to read as follows: 13.56.020 Rates. A. All Landfill users shall be charged and shall pay the following rates for dumping refuse at the Sanitary Landfill site (except as set forth herein): Rate $76.80 per ton with a $2.00 minimum charge. B. In addition to the fees established by subsection A of this Section, uncovered loads shall be charged an additional $5 fee. C. Refuse requiring special handling, including but not limited to asbestos and low level radioactive materials, shall be charged $190 per ton; provided that the minimum charge for refuse requiring special handling shall be $190. Special handling includes manifesting, immediate burial, hand unloading and/or placement in the disposal pit by Landfill crews. D. (1) Landfill users' clean yard waste, as determined by the Landfill attendant, that may be converted to compost will not be charged a fee except that commercial users, including but not limited to landscape services, lawn maintenance services, and tree pruning /removal services, shall be charged $20.00 per ton. 1 . • • • \ 1 1 • o-. orpust sha drarged &cs as fellows. a-: • • • 8 3/4 ton and/or a trailer longer than cight fc t. butt-cut. c E. The Director may waive the Landfill fee for disposal of refuse and litter which is collected and disposed of as a part of a City- sponsored beautification or cleanup program. F. Recyclable materials being recycled at the Landfill will not be charged a fee. G. The landfill tonnage rate shall be reduced by 4.6% for solid waste collectors who have filed a certificate of exemption under WAC 458 -20 -250 from payment of the 4.6% solid waste collection tax, so that the rate in effect on April 1, 1994, shall be $73.27. H. The landfill tonnage rate shall be reduced by 4.6% for the federal government, its agencies and instrumentalities, and all refuse service contracts for such shall be exempt under WAC 458 -20 -250 from payment of the 4.6% solid waste collection tax, so that the rate for same shall be $73.27. (Ord. 2908, 3/1/96; Ord. 2894, 10/27/95; Ord. 2813, §1, 7/1/94; Ord. 2803 §1, 4/29/94; Ord. 2790 §1, 4/1/94; Ord. 2784 §2, 1/1/94; Ord. 2729 §2, 1/1/93; Ord. 2630 §5, 7/1/91; Ord. 2599 §3, 8/1/90; Ord. 2454 §1, 8/24/87; Ord. 2436 §2, 3/1/87; Ord. 2378 §2, 2/7/86; Ord. 2317 §4, 10/26/84) Section 5. Ordinance 2317 as amended and Chapter 13.56 PAMC are hereby amended by amending PAMC 13.56.060 to read as follows: 13.56.060 Landfill Disposal Area Regulations. A. Use Generally. The City Sanitary Landfill disposal area shall be open at such 9 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. Waste originating outside Clallam County shall be unacceptable for disposal at the Sanitary Landfill except as otherwise provided in PAMC 13.54.070. 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. F. Yard waste. Yard waste may be accepted at the landfill composting facility, but it shall be free of contaminants, including but not limited to, plastic bags, refuse, rocks, sod, dirt, and construction and demolition debris. Section 6. Severability If any provisions of this Ordinance or its application to any person or circumstances, is held invalid, the remainder of the Ordinance, or application of the provisions Df the Ordinance to other persons or circumstances, is not affected. Section 7. Effective Date. This Ordinance shall take effect five days after the date of Oublication. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 20TH day of FEBRUARY ATTEST: Becky J. Up :� , i ► Clerk APPROVED AS TO FORM: Craig D. Ion, City Attorney PUBLISHED: FEBRUARY 25, 2001 By Summary :\ ORD INANCES&RESOLUTIONS\2001- 03.wpd ,ebniary 15, 2001 , 2001. Summaries of Ordinances Adopted by the Port Angeles City Council on February 20, 2001 Ordinance No. 3074 This Ordinance of the City of Port Angeles rezones approximately 9.17+ acres located at the southeast corner of Lindberg Road and Golf Course Road from RS- 9, Residential Single Family, to RHD, Residential High Density, and amends Ordinance 2801, as amended. The property is legally described as the west 4.5 acres of the northeast quarter of the southwest quarter of the northwest quarter and the north half of the northwest quarter of said southwest quarter of the northwest quarter of Section 13, Township 30 north, Range 6 west, W.M., Clallam County, Washington; EXCEPTING therefrom the north 20 feet and the west 30 feet; ALSO EXCEPT that portion conveyed to the City of Port Angeles by instrument recorded November 17, 1997, under Auditor's File No. 1997 1000500. Ordinance No. 3075 This Ordinance of the City of Port Angeles revises the City's solid waste collection and disposal regulations and rates relating to recycling and yard waste and amends Ordinance 2317 as amended, Ordinance 2630, and Chapters 13.54 and 13.56 of the Port Angeles Municipal Code. Ordinance No. 3076 This Ordinance of the City of Port Angeles authorizes the execution of an agreement with Clallam County for the performance of work on City streets and repeals Ordinance No. 2922. The full texts of the Ordinances are available at City Hall in the City Clerk's office or will be mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. Becky J. Upton City Clerk Publish: February 25, 2001