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HomeMy WebLinkAbout3243• ORDINANCE NO. 1243 AN ORDINANCE of the City of Port Angeles, Washington, amending the City's solid waste utility, garbage collection, and sanitary landfill regulations and rates, Chapters 13.52, 13.54, and 13.56 of the Port Angeles Municipal Code, adopting a new chapter, 13.57 - Solid Waste Processing Facility, and amending utility fees, Chapter 3.70 of the Port Angeles Municipal Code. WHEREAS, the City of Port Angeles desires to promote recycling within the City and decrease the volume of waste; THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. Chapter 13.52 of the Port Angeles Municipal Code is hereby amended to read as follows: SOLID WASTE UTILITY Sections: 13.52.010 Creation. 13.52.020 Director of Public Works and Utilities - Responsibilities. 13 52 030 Acquisition of Ncccssaiy Equipmcnt. 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 and Utilities. 13.52.020 Director of Public Works and Utilities - Responsibilities. The Director of Public Works and Utilities, hereinafter also referred to as "Director," shall have authority and responsibility to direct and€ttil 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 and contractual services 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. i s. .usu ticquisi ion or N cccssary Lquip t. t nc city ouncil is from the Solid Waste Utility Fund creatcd undcr PAMC 3.32.010. -1- authorizcd to, • Section 2. Chapter 13.54 of the Port Angeles Municipal Code, in its entirety, is amended to read as follows: �cctions: amptrancc -w I enaptcr tcequirctit. oinpuisory crvicc. lrup Obligation. utc. icn for Unpaid C;arbag ction Services. ontaincr Requirements. ycling Rcgtri nacccptaoic w asses licsignatca. 13.54.080 Garbage - Dlainitr Viapping aud.Gattitaiy ,edit' 13.54.090 Pric Cailecctars - equipment Regulations. 13.54.100 Assistance to Elderly and/or Ilandicappcd. Lompiiance witn l napter xcquu ca. tt is unlaw ea any pcison to burn, City otherwise than as provided in this Chapter. 1 nos- respectivciy ei cemon: "Ashes " - mcans solid was products produced after the combustion of coal, wood other fuels, and other combustible material. B. "City busincss" mcans any busincss whose principal placc of business is within thc City limits of Port Angeles. gL1cs. D. • "City resielent" any persen residu�g egai l ity "Co-fleet-or of rcfuse" mcarrs thc Solid Waste Utility within thc Department of :. • E. "Commercial dwclling" m cans a building or group of buildings dcsigncd, intcnded y purp g plc awcttmgs, ude office practices, w any typeOnrte pre mises an�tar is listen in the telephone dircctory as a busine s, shall be classified as commercial, unlcss specifically exempted by the City Manager -or-his dcsigiiec sed on tlic su vises rendered. -2 • '1a3drtla lurnsind ponpuoa si OOTAZOS LpILlm ioj sosItuaid otp jo TOLTmO 30 luidnoOA o/41 urau.i OSI sttuol Oti1, 'UOgriod.TOO pun WUW. T,SFT `uo4r.'TOaRsr `dTqS.Tatrl.TPd 'rang `uosa -1d itaAa_curotu „uo&v\J d 'sosnotl 2u at.tara;q v{s `r-,rl xro.wa u Igrrr1.W c4s1m SUPOLU „IIJ.IO„ •. • • • .11 'O =sip jo oldgjnru lso.m uI ''u si mug oq Hap ST1TenT jn Togtunu Attu pur 11 III • • . • . • • `. 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'minimum soilsEId a i'o P 5 llp ``s{uloLti sopnpuT �I�iTal'''TT ovirlokoax„ • • • ough December 31, 2005, the rate for the co WEEK 1 2 3 60/90 gal. $20.80 41.60 62.40 5 104.00 300 gal. $ 72.05 144.10 216.15 288.20 360.25 432.30 Beginning January 1, 2006, thc ratc for thc collcction of rcfusc othcr than for a single 'u gal. C. Through December 31, 265, thc ratc for thc collcction of rcfusc for a fcdcral 1 ' .SUUg $19.85 $ 68.65 39 70 137.30 'u .wu gal. 5 • .J crate for couectton or loose rt.. yaraagc au. outslae tlic container stla r T11c-rate for special requests tu c -bnHk rims or provide a scrvicc nu 1154.045 Licn for Un aid Carba• c Collcction Services. Upon failure to paythc charges .11 1 1 1 1 • giving the iegai acscrip premises song ontaincrs Uscd by City 1 1 • • 1 •• gca. siacnts unit'. No p y own ca contamets. 1i. .uc1u t.;ontainer xequireinents. A. RcquirLd. It shall bc the duty of eveiypurrson rpass-cssion, charge oi control of accumulated, at all times to use City -owned colltaiileis -oi AIL! cuiitaillctsas- appluvtd by tl ... • • • • 11 • maintaining the contamci in a clean condition. l,ronmitea. • 1 • VIP C. Location. No cofttairrcrs Jha11 bc kept or-storc within the- canfincs of any street • • • • I 1 • . • . • • • • . 1 L 'oTst?m pJ1ii TOJ sioturwoo sr posn iip1ns onnl ti2Im otunloA ui suollr ZE &uipooaxa SOU `TTvY r1Tv2 Id parpurls E Iotp!o • . • . • gig paleuS!sai- otTTL3 -ptW uop1ool otp 3p poo1id oq pugs pa2ooiioo oq 01 O3SLm p rA •I0300ITQ otp Jo 3Ittucd tTOJ3TTm Aq OS op of paztioti4nn' SSOIun str!aolvtu tuns Xpadold otp OTL s'Ot w3uoa2Tuii.koa t papiAo1d -X313 atp oui pousodop si ?TO31tu ITV •Joloo. 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Ip [iUr uI poj Os I UL'ti3 OTOUT zjJ O2 puuinboi oq pals IOUmO otuog opgow'LnpmATpy! on Imp popIAOTd `.STOLU73UO0 OSnJOT JO tTO POOi Otis TOE s pl?d OATOti o igoIIT otp 2nOtiSnattp ST?OTE O2LTO3s reguoO OpIAOId O3 pDITnbDT oq ins s)pw I OTuoti ojigoji •oioupA pozuwwtioow otp &ITSn uol3ooJoo .ug Io3oo.na otp Xq ponoTdde sr `iil_iodoid- 031nuld uo uoprooi oigiss000r iiitprol e ut pooeid oq pegs snumUOO i(TLuopr3s Otis `SStuiiomp I1IOIOATuuoo put' s2u1iipmp OidRintu TO I .uopoOjJOO ITOtp _tour smog j'Z UTLI3Im gino ow UIOIg pYAOtUa1 oq TTL'tjS SIOU11?3UOO 3n0 -ijOT tions Te m TOtpaTlJ pzp1AOIr1 pU1? `.atuq pur Xrp Oirudatdde 11 • • 1 • 1 • . . �_ . _ • • • F. account. No matcrials other than rccyclablc materials as defined hcrcin and as dcsignatcd • -. . • . . thc user, the user shall rcplacc the same or pay for its icplacement or repair. II. Each loaded containa-shall-weigh a maxima/la-of-fifty pounds is..viu unacccptaulc wastes liesignatca. the tollowing wastes snail ec consiaei g construction o f buildings or structures, such as earth, plaster, irrortar and roofing materials. C. Matcrials which havc not bccn prcparcd for collcction in accordancc with these regulations. • astc originating y. A. All garbage shall bc drained of liquids and wrapped in papa or other material bcforc being dcpositcd in thc- eontainer. The City may rcfusc to collect undraincd garbage which . . VII Thc owner or person in chargc of thc place where rcfusc containcrs arc locatcd 1S.J4.UyU 1'rlvatc Collectors - L'qulpincnt Kcgulatlons. provisions for covering thc bodics. Thc use of a tarpaulin or canvas cover to enclose opcn bodics of collcction vehicics may bc permitted upon approval of thc Director. B Watertight Garbage Cellcctto/ lc es. Vehieles used fvr tlIC cuTh etion or 13.54.100 Assistancc to Eldcrly and/or Ilandicappcd. If elderly, handicapped, and/or cost. • • • GARBAGE COLLECTION Sections: 13.54.010 Compliance with Chapter Required. 13.54.020 Definitions. 13.54.030 Compulsory Service. 13.54.035 General Provisions Applicable to All Services. 13.54.040 Solid Waste Rates. 13.54.050 Schedule R -01 — Residential Weekly Service 13.54.060 Schedule R -02 — Residential Every Other Week Service 13.54.070 Schedule R -03 — Residential Yard Waste Service 13.54.080 Schedule R -04 — Residential Temporary Service 13.54.090 Schedule C-01 — Commercial 90-Gallon Service 13.54.100 Schedule C -02 — Commercial 300-Gallon Service 13.54.110 Schedule C -03 — Commercial Recycling Service 13.54.120 Schedule C -04 — Commercial Temporary Service 13.54.130 Lien for Unpaid Garbage Collection Services. 13.54.140 Container Requirements. 13.54.150 Recycling, Yard Waste, and Cardboard Recycling Requirements. 13.54.160 Waste Acceptance Policy 13.54.170 Private Collectors - Equipment Regulations. 13.54.180 Assistance to Elderly and/or Handicapped. 13.54.190 Penalties. 13.54.010 - Compliance with Chapter Required. It is unlawful for an • erson to burn dump, collect, remove or in any other manner dispose of garbage, rubbish, trash, offal, and any other waste upon, over, or within the City otherwise than as provided in this Chapter. 13.54.020 - Definitions. The definitions set forth in PAMC 13.57.020, excluding recyclable materials and yard waste, 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. "Cardboard recycling container" means a receptacle furnished by the recycling contractor for the collection of old corrugated cardboard at commercial buildings. B. "City business" means any business whose principal place of business is within the City limits of Port Angeles. C. "City resident" means anyperson residing within the City limits of Port Angeles. D. "Collect" and "Collection" mean the curbside pickup of a refuse container, a recycling container, yard waste container, or cardboard recycling container by a contractor or by the City. "Commercial Building" means a building or group of buildings designed, intended for, or used for any purpose other than 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 or is listed in the telephone directory as a business, shall be classified as commercial, unless specifically exempted by the Director or his designee, based on the services rendered. -9- • • F. "Contractor" means any person contracting with the City or having a license., franchise, or permit issued by the City to collect and dispose of wastes in the City, or his authorized agent. "Dangerous waste" means any discarded, useless, unwanted, or abandoned nonradioactive substances, including but not limited to pesticides or any residues or containers of such substances, that 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 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. H. "Director" means the Director of Public Works and Utilities for the City of Port Angeles. I. "Garbage" means all animal or vegetable wastes resulting from handling, preparation, cooking and consumption of food. J. "Landfill" means the Sanitary Landfill disposal area administered and regulated by the City under Chapter 13.56 PAMC. K. "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. L. "Offal" means waste animal matter from butcher, slaughterer or packing houses. M. "Old corrugated cardboard" or "O.C.C." shall have the same meaning as corrugated cardboard within the service agreement as modified or amended and shall be further defined as two strips of flat cardboard on the top and bottom, and a corrugated or fluted strip running through the center, commonly found in boxes used for packaging and shipping. Waxed boxes and gray cardboard (such as cereal boxes, shoeboxes and paper tubes) are not old corrugated cardboard. N. "Overloaded container" means a refuse container that weighs more than the lifting capacity of the City's mechanized refuse collection system or a refuse container with a lid that does not completely close due to the amount of refuse placed within the container. 0 . "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. P. "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. a "Recyclable materials" shall have the same meaning as recyclable materials for curbside collection in accordance within the service agreement as modified or amended. R. "Refuse" means garbage, rubbish, trash and offal, as defined herein, placed and stored together in a refuse container. - 10 - S. "Refuse container" means a receptacle furnished by the City for use with its mechanical refuse collection system. T. "Residence" means a single dwelling unit that has been issued a certificate of occupancy. U. "Restricted refuse container" means a 300 - gallon refuse container that the Director: requires to be shared due to lack of adequate space to store multiple 90- gallon refuse containers; requires due to operational limitations of the area to which service is provided; or does not allow to be completely filled due to the volume and/or weight of the waste. V. "Rubbish" means all cardboard, plastic, metal, glass, food containers, wastepaper, rags, sweepings, small pieces of wood, rubber, leather and similar waste materials that ordinarily accumulate around a home, business or industry. Rubbish does not include bulk waste, lawn cuttings, tree and hedge trimmings, dangerous wastes, hazardous materials, industrial waste or building waste resulting from construction or alterations. W. "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. X. "Trash" means all waste matter not subject to decay or putrefaction, which, for the purpose of this Chapter, includes ashes. Y. "Waste" and "wastes" means all discarded materials and/or substances. Z. "Yard waste" shall have the same meaning as yard waste or yard debris for curbside collection in accordance within the service agreement as modified or amended. AA. "Yard waste container" means a receptacle furnished by the contractor for the collection of yard waste. 13.54.030 - Compulsory Service. Each dwelling and commercial building within the City shall be provided with refuse collection service by the City. Each dwelling and commercial building within the City shall pay for the collection of refuse at the rates provided in Section 13.54.040. If City residential water service is provided, collection service shall also be provided. If City residential water service is terminated, collection service may also be terminated. The recycling service, yard waste service, and cardboard recycling service are not compulsory services. When approved by the Director, commercial buildings may obtain private collection services or self -haul their wastes if their waste volume and/or weight exceeds the capacity of the City's mechanized refuse collection system. 13.54.035 - General Provisions Applicable to All Services. A. Collection service shall not be provided by the City for refuse placed outside of a refuse container or for overloaded containers. B. A utility service fee, in accordance with PAMC 3.70.010.B.3 for each occurrence, shall be charged when a vehicle must return to collect a refuse container where: the person has not placed the container in the appropriate place of collection; the person has not set out the container in accordance with the scheduled date and time; the person set out an overloaded container; or where the container was blocked by a parked vehicle; provided, no fee shall be assessed until the responsible person is notified that a fee will be charged in such instances. C. It is unlawful for any person in possession, charge or control of any premises in the City, knowing that refuse has been deposited on the premises by the elements, animals, or other causes, to fail to clean up such refuse so deposited in a period of 24 hours. If the refuse is - 11 - • not cleaned up within twenty -four (24) hours, the City may clean up the refuse and assess the person for the costs of cleanup and administration. Such bill shall be a minimum of $100. D. It is unlawful for any person to deposit garbage, trash, rubbish, offal, recyclable materials, yard waste, or any other waste, in any refuse container other than the refuse container assigned to that person by the City. No containers are allowed to be shared except as approved by the Director. 13.54.040 - Solid Waste Rates. The rates for solid waste services shall be in accordance with Sections 13.54.050 through 13.54.120. The rates for solid waste services in Schedules R -01 through R -04 and C -01 through C -04 shall apply to each person that receives solid waste services. 13.54.050 - Schedule R -01 — Residential Weekly Service. A. Through June 30, 2006, the rate shall be $21.85 per month for 1 collection of a 90- gallon refuse container per week. The rate per month for each additional refuse container shall be $21.85. B. Beginning July 1, 2006, the rate shall be $27.30 per month for 1 collection of a 90- gallon refuse container per week. The rate per month for each additional refuse container shall be $27.30. Upon request, a refuse container collection in addition to the weekly collection may be made and a utility service fee shall be charged per occurrence in accordance with PAMC 3.70.010.B.3. If a person does not request every- other -week service on or before June 16, 2006 in accordance with PAMC 13.54.060.A. the rate specified within this Section shall automatically apply beginning July 1, 2006. C. Upon request a 96- gallon recycling container may be provided after July 1, 2006. The recycling container shall be collected every other week. The recycling container and collection of the recycling container shall be provided at no additional charge. D. Beginning October 1, 2006, a utility service fee in accordance with PAMC 3.70.010.B.4 shall be charged per container each time the same person at the same service location (1) changes from Schedule R -01— Residential Weekly Service to Schedule R -02 - Residential Every- Other -Week Service, or (2) requests a recycling container where the recycling service has been voluntarily discontinued or terminated in accordance with 13.54.150.H. E. A utility service fee shall not be charged to resume recycling service if the same person at the same service location voluntarily terminates water, wastewater, garbage collection, and recycling services providing that electric service is maintained. 13.54.060 - Schedule R -02 - Residential Every Other Week Service. A. Beginning July 1, 2006, upon request the rate shall be $21.85 per month for 1 collection of a 90- gallon refuse container. The rate per month for each additional refuse container shall be $21.85. B. Beginning July 1, 2006, a refuse container set out in accordance with the scheduled date and time for weekly service shall not be collected. Upon request, a refuse container collection in addition to the every other week collection may be made and a utility service fee shall be charged per occurrence in accordance with PAMC 3.70.010.B.3. C. Upon request a 96- gallon recycling container may be provided after July 1, 2006. The recycling container shall be collected every other week. The recycling container and collection of the recycling container shall be provided at no additional charge. - 12- • D. Beginning October 1, 2006, a utility service fee in accordance with PAMC 3.70.010.B.4 shall be charged per container each time the same person at the same service location (1) changes from Schedule R -02 - Residential Every Other Week Service to Schedule R -01— Residential Weekly Service, or (2) requests a recycling container where the recycling service has been voluntarily discontinued or terminated in accordance with 13.54.150.H. E. A utility service fee shall not be charged to resume recycling service if the same person at the same service location voluntarily terminates water, wastewater, garbage collection, and recycling services providing that electric service is maintained. 13.54.070 - Schedule R -03 — Residential Yard Waste Service. A. Beginning July 1, 2006, upon request the rate shall be $7.05 per month per 96- gallon yard waste container for 1 collection of yard waste every other week during the months of March through November and once per month during the months of December through February. The rate per month for each additional yard waste container shall be $7.05. B. Beginning October 1, 2006, a utility service fee in accordance with PAMC 3.70.010.B.4 shall be charged per container each time the same person at the same service location requests a yard waste container where the yard waste service has been terminated. C. A utility service fee shall not be charged to resume yard waste service if the same person at the same service location voluntarily terminates water, wastewater, garbage collection., and yard waste services providing that electric service is maintained. 13.54.080 - Schedule R -04 — Residential Temporary Service. Beginning July 1, 2006, upon request a 90 gallon or 300 - gallon temporary refuse container will be provided and the utility service fee to deliver each container shall be in accordance with PAMC 3.70.010.B.4. The utility service fee for each collection of a 90- gallon refuse container shall be one -fourth of the rate specified in 13.54.090 PAMC. The utility service fee for each collection of a 300 - gallon refuse container shall be one -fourth of the rate specified in 13.54.100 PAMC. Requests to deliver, remove and collect a temporary refuse container shall be made at least 24 hours in advance. 13.54.090 - Schedule C-01 — Commercial 90- gallon Service. A. Through December 31, 2006, the rate shall be $21.85 per month for 1 collection of a 90- gallon refuse container per week and semi - weekly collection of a cardboard recycling container. The rate per month for each additional refuse container and for each additional weekly collection of a refuse container shall be $21.85. The rate shall be reduced by 4.6% for the federal government, its agencies and instrumentalities. B. Beginning January 1, 2007, the rate shall be $22.95 per month for 1 collection of a 90- gallon refuse container per week and semi - weekly collection of a cardboard recycling container. The rate per month for each additional refuse container and for each additional weekly collection of a refuse container shall be $22.95. The rate shall be reduced by 4.6% for the federal government, its agencies and instrumentalities. 13.54.100 - Schedule C -02 — Commercial 300- Gallon Service. A. Through December 31, 2006, the rate shall be $75.65 per month for 1 collection of a 300 - gallon refuse container per week and semi - weekly collection of a cardboard recycling - 13 - • container. The rate per month for each additional refuse container and for each additional weekly collection of a refuse container shall be $75.65. The rate shall be reduced by 4.6% for the federal government, its agencies and instrumentalities. B. Beginning January 1 2007, the rate per person shall be 79.45 er month for 1 collection of a 300 - gallon refuse container per week and semi - weekly collection of a cardboard recycling container. The rate per month for each additional refuse container and for each additional weekly collection of a refuse container shall be $79.45. The rate shall be reduced by 4.6% for the federal government, its agencies and instrumentalities. C. Where approved by the Director, a 300 - gallon refuse container may be shared by up to 5 persons. The Director shall determine the rate charged to each person that shares the use of a 300 - gallon refuse container based on each person's waste volume and/or weight and Schedule C- 02— Commercial 300- Gallon Service. Under no circumstances shall the rate for any person that shares a 300 - gallon refuse container be less than Schedule C -01 —Commercial 90 - Gallon Service. The rate shall be reduced by 4.6% for the federal government, its agencies and instrumentalities. D. Where a restricted use container is required by the Director, the Director shall determine the rate charged to each person that is assigned a restricted refuse container based on each commercial dwelling's waste volume and/or weight and Schedule C-02—Commercial 300- Gallon Service. Under no circumstances shall the rate for any person that is assigned a restricted refuse container be less than Schedule C-01 —Commercial 90-Gallon Service. The rate shall be reduced by 4.6% for the federal government, its agencies and instrumentalities. 13.54.110 - Schedule C -03 — Commercial Recycling Service. Beginning July 1, 2006, when commercial recycling service is requested in addition to semi - weekly collection of cardboard, the rate shall be $10.50 per month for 1 collection of a recycling container per week for each location within the City limits of Port Angeles. The rate per month for each additional recycling container and each additional weekly collection of a recycling container shall be $10.50. 13.54.120 - Schedule C -04 — Commercial Temporary Service. Beginning July 1, 2006, when a 90- gallon or 300 - gallon temporary refuse container is requested, the utility service fee to deliver each container shall be in accordance with PAMC 3.70.010.B.4. The utility service fee for each collection of a 90- gallon refuse container shall be one -fourth of the rate specified in 13.54.090 PAMC. The utility service fee for each collection of a 300 - gallon refuse container shall be one -fourth of the rate specified in 13.54.100 PAMC. Requests to deliver, remove and collect a temporary refuse container shall be made at least 24 hours in advance. 13.54.130 - Lien for Unpaid Garbage Collection Services. Upon failure to pay the charges for garbage, recycling and yard waste collection services as set forth in this Chapter, the amount thereof shall become a lien against the property for which the garbage collection service is rendered. Said lien shall be subject to foreclosure as provided for in RCW 35.21.140 and .150, by filing with the County Auditor a notice of the City's lien, specifying the charges, the period covered by the charges, and giving the legal description of the premises sought to be charged. -14- • 13.54.140 - Container Requirements. A. It shall be the duty of every person in possession, charge or control of any single dwelling, multiple dwelling, or commercial building where waste is created or accumulated, at all times to use City -owned refuse containers, or other containers as approved by the Director, in accordance with this Chapter and to deposit or cause to be deposited refuse therein. Single dwellings and multiple dwellings furnished roll -out refuse containers shall be responsible for maintaining their assigned refuse container in a clean condition. In the event a person has been advised of an overloaded container at least twice., the Director may require additional refuse containers and/or more frequent collections. C. No refuse, yard waste, recycling, or cardboard recycling 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 and stationary containers are provided, the containers shall be kept on private property in a convenient and accessible location adjacent to such alley; provided that stationary refuse 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 or alley within 24 hours after their collection. For multiple dwellings and commercial buildings, the stationary refuse and cardboard recycling container 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 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 refuse containers. D. Suitable containers, such as compactor units and drop boxes, may, with permission from the Director, be used by private collectors to serve commercial buildings which dispose of refuse in such quantity that containers, as defined in this Chapter, would be impractical or inefficient. E. Prohibited Materials. 1. No rocks, concrete, or dirt may be placed in a refuse, yard waste, recycling or cardboard recycling container. No manure or human excrement may be placed in a refuse, yard waste, recycling or cardboard recycling container. 3. No yard waste, dangerous waste, or unacceptable waste may be placed in a refuse container. Refuse containers with yard waste, dangerous waste, or unacceptable waste shall not be collected. Container Damage and Replacement. If any refuse container is damaged through abuse by a person, or is stolen due to negligence by a person, the person shall replace the same or pay for its repair. - 15 - • G. All garbage shall be drained of liquids and placed in a paper or plastic bag and tied closed before being deposited in a refuse container. All animal waste, ashes, and cat box filler shall be placed in a paper or plastic bag and tied closed before being deposited in a refuse container. The City may refuse to collect a refuse container with animal waste, ashes, cat box filler, and undrained garbage, which is not in a bag and tied closed. H. 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. 13.54.150 - Recycling, Yard Waste, and Cardboard Recycling Requirements. A. Single dwellings and multiple dwellings up to 4 units may receive the residential recycling service and residential yard waste service. Commercial buildings may receive the commercial cardboard recycling service. The Port Angeles School District, and other commercial buildings when approved by the Director, may participate in the commercial recycling service for their facilities located within the City limits of Port Angeles. B. Persons participating in the residential recycling service shall deposit all recyclable materials into contractor - provided recycling containers in lieu of depositing recyclable materials into City- provided refuse containers. Green, brown and clear recyclable glass bottles and jars shall not be deposited into a recycling container and may be deposited into a recycling drop -off facility as provided for in Chapter 13.57 PAMC. Persons participating in the commercial cardboard recycling service shall deposit all old corrugated cardboard into contractor- provided cardboard recycling containers in lieu of depositing old corrugated cardboard into City- provided refuse containers. C. 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. D. All recyclable materials deposited into a contractor- provided recycling container or cardboard recycling container are the property of the contractor. 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. Beginning July 1, 2006, recyclable materials placed outside the recycling container shall not be collected. E. Yard waste 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. The yard waste service excludes the collection of food waste, metals, plastics, and synthetic fibers, construction and demolition debris, stumps, rocks, concrete, sod, dirt, and any wood, trees or tree limbs over four inches (4 ") in diameter and/or exceeding four feet (4') in length. Plastic bags shall not be used or deposited into yard waste containers. Beginning July 1, 2006, excluding trees from the December holidays placed outside the yard waste container during the month of January, yard waste placed outside the yard waste container shall not be collected. F. A person that has been advised by the City on two or more occasions of the presence of wastes within a recycling container that are not recyclable materials will have the curbside recycling service terminated and the contractor may retrieve the recycling container. G. A person that has been advised by the City on two or more occasions of the presence of wastes within a yard waste container that are not and waste will have the and waste service terminated and the contractor may retrieve the yard waste container. H. A person will have the curbside recycling service terminated and the contractor may retrieve the recycling container after the Director has notified a person by regular mail that - 16 - • they have not set out a recycling container for two or more consecutive months during a six month period, and a recycling container is not set out by a person for pick up for two or more consecutive months during the subsequent six month period. A person that has been advised by the City on two or more occasions of the presence of wastes within a cardboard recycling container that are not old corrugated cardboard will have the curbside cardboard recycling service terminated and the contractor may retrieve the cardboard recycling container. 13.54.160 - Waste Acceptance Policy. Any dangerous waste or unacceptable waste described in the waste acceptance policy for the solid waste processing facility shall be unacceptable for refuse collection. 13.54.170 - Private Collectors - Regulations. A. Private collectors offering service to commercial buildings within the City must possess a G- permit from the Washington Utilities and Transportation Commission and be authorized to collect and transport acceptable waste in Clallam County or within the City of Port Angeles 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. Vehicles used for the collection or disposal of garbage or any other wastes shall have watertight metal bodies of easily cleanable construction. 13.54.180 - Assistance to Elderly and/or Handicapped. If elderly, handicapped, and/or disabled residents have difficulty disposing of their refuse, recyclable materials, or yard waste, or access to containers by collection vehicle is not possible, and there are 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. Such assistance may include the use of special containers as approved by the Director. 13.54.190 - Penalties. Any person subject to this Chapter who deposits dangerous waste or unacceptable waste into a refuse container, recycling container, yard waste container, or cardboard recycling container shall be guilty of a misdemeanor. Each day that a violation continues constitutes a separate offense. B. Any person subject to this Chapter who fails or refuses to comply with the waste acce . tance . olic knowin 1 de . osits waste that is not a rec clable material into a rec clin container, or knowingly deposits waste that is not a yard waste into a yard waste container, shall be guilty of a misdemeanor. C. Any person who unlawfully deposits garbage, trash, rubbish, offal, recyclable materials, yard waste, or any other waste, in any refuse container other than the refuse container assigned to that person by the City shall be guilty of a misdemeanor. Section 3. Chapter 13.56 of the Port Angeles Municipal Code is hereby amended to read as follows: - 17 - • SANITARY LANDFILL Sections: 13.56.010 Definitions. 13.56.020 Rates. 13.56.030 Rate - Special Items. 13.56.040 Rate - Certain Charitable or City- Sponsored Organizations. 13.56.043 Governmental Solid Waste Utility Rate. 13.56.045 Commercial Compacted Rate. 13.56.047 Large Volume Demolition Debris Rate. 13.56.050 Junked or Wrecked Automotive Vehicles Prohibited. 13.56.060 Landfill Disposal Area Regulations. 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 the Sanitary Landfill that is contained or restrained, such that the material cannot fall, slip or otherwise escape from the vehicle in which it is transported to the Sanitary Landfill, and thereby be deposited onto a roadway or property adjacent to the roadway. 13.56.020 Rates. The following landfill rates shall be in effect until the Director provides written notice to the public in accordance with 1 3.57.020 PAMC that the solid waste processing facility rates will be in effect: 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 Through December 31, 2005, $80.65 per ton with a $7.50 minimum charge. Beginning January 1, 2006, $84.70 per ton with a $8.00 minimum charge. B. In addition to the fees established by subsection A of this Section, through December 31, 2005, uncovered loads shall be charged an additional $5.25 fee. Beginning January 1, 2006, uncovered loads shall be charged an additional $5.50 fee. C. Refuse requiring special handling, including but not limited to asbestos and low level radioactive materials, shall be charged $199.50 per ton; provided that the minimum charge for refuse requiring special handling shall be $199.50 through December 31, 2005. Beginning January 1, 2006, refuse requiring special handling, including but not limited to asbestos and low level radioactive materials, shall be charged $209.50 per ton; provided that the minimum charge for refuse requiring special handling shall be $209.50. Special handling includes manifesting, immediate burial, hand unloading and/or placement in the disposal pit by Landfill crews. D. bc chargcd $21.00 pci ton through Dcccmbcr 31, 2005. DcgmnmgJanuary 1, 2006 commercia - 18 - users shall be chargcd $22.05 p ton. Beginning July 1, 2006, persons who deliver to the landfill clean yard waste, as determined by the Landfill attendant, that may be converted to compost will be charged $40.00 per ton with a $ 5.00 minimum charge. Prior to July 1, 2006, commercial users, including but not limited to landscape services, lawn maintenance services, and tree pruning /removal services, shall be charged $22.05 per ton. 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 the federal government, its agencies and instrumentalities shall be $76.95. All refuse service contracts for such shall be exempt under WAC 458 -20 -250 from payment of the 4.6% solid waste collection tax. Beginning January 1, 2006, the landfill tonnage rate for the federal government shall be $80.80. H. Prior to landfill closure, the Director shall have authority to enter into contracts with rates other than specified in this Chapter, provided that such rates recover the cost of providing the service, and provided that the City Manager, Mayor and Council members of the Utility Advisory Committee are notified, and provided that such contracts have a term of no more than ninety (90) days before formal adoption by the City Council. 13.56.030 Rate - Special Items. Through December 31, 2005, 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) $80.65 /ton Appliances 80.65 /ton. Beginning January 1, 2006, 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) $84.70/ton Appliances 84.70 /ton. 13.56.040 Rate - Certain Charitable or City- Sponsored Organizations. A fifty percent reduction in the landfill rates as set forth in this Chapter will be made available to certain charitable, nonprofit organizations and to certain City- sponsored projects by non - profit organizations, provided that the following requirements are met: A. The reduction will only be given upon completion by the organization of a written application and acceptance of said application by the City. B. The reduction may be applied to those charitable, nonprofit organizations, such as the Salvation Army, St. Vincent DePaul, and Serenity House, the primary purpose of which is provide necessary support for the poor or infirm and which must dispose of unusable donated items. C. Pursuant to Chapter 35.83 RCW, the reduction may be applied to the Housing Authority of Clallam County for self -haul of materials left by tenants who vacate Housing Authority premises Projcct. • - 19 - D. The reduction may be applied to City- sponsored projects by non - profit organizations, provided that such sponsorship has been authorized by the City Council and furthers the public health, safety, or welfare, enhances the environment, or is otherwise in the public interest. 13.56.043 Governmental Solid Waste Utility Rate. Landfill disposal of solid waste by other governmentally owned solid waste utilities shall be at the rate established by interlocal agreement between the City and such other governmentally owned solid waste utility. Beginning July 1, 2006, the charge for disposal by a governmentally owned solid waste utility at the landfill of clean yard waste, as determined by the landfill attendant, that may be converted to compost shall be charged $24.80 per ton. 13.56.045 Commercial Compacted Rate. All commercial haulers of over two thousand tons per year of compacted refuse to the sanitary landfill shall be charged the rates as set forth in PAMC 13.56.020, except that a special rate may be charged pursuant to a separate agreement between the City and the commercial hauler based on such factors as reduced landfill services being utilized by the commercial hauler. 13.56.047 Large Volume Demolition Debris Rate Landfill disposal of demolition debris in the amount of at least 5,000 tons, as guaranteed pursuant to separate agreement with the City, shall be at the rate of $40 per ton. 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. . Waste originating outside Clallam County shall be unacceptable for disposal at the Sanitary Landfill except as othcrwist prn,vidcd in PAMC 13.54.070with the prior written consent of the Director. 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 co- 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 4. A new chapter, 13.57 - Solid Waste Processing Facility, of the Port Angeles Municipal Code is hereby created to read as follows: SOLID WASTE PROCESSING FACILITY Sections: 13.57.010 Definitions. 13.57.020 Rates. 13.57.030 Disposal Regulations. 13.57.040 Penalties. 13.57.010 Definitions. The definitions set forth in PAMC 13.54.020, excluding recyclable materials and yard waste, 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. "Acceptable household hazardous waste" shall have the same meaning as acceptable - household hazardous waste within the service agreement as modified or amended. B. "Acceptable moderate -risk waste" shall have the same meaning as acceptable moderate -risk waste within the service agreement as modified or amended. C. "Acceptable special waste" shall have the same meaning as acceptable special waste within the service agreement as modified or amended. D. "Acceptable waste" shall have the same meaning as acceptable waste within the service agreement as modified or amended. E. "Co- composting facility" shall have the same meaning as co- composting facility within the service agreement as modified or amended. F. "Collection entity" means any person or governmentally owned solid waste utility that is authorized to collect and transport acceptable waste in Clallam County or within the City of Port Angeles, providing such person or governmentally owned solid waste utility is operating in an area that is covered under section 6.H. of the interlocal agreement. G. "Environmental fee" means a charge for a special inspection and recovery of fluids and gases from acceptable special wastes in accordance with the waste acceptance policy. H. "Interlocal agreement" means the agreement between the City of Port Angeles, Clallam County and other parties for a Regional Solid Waste Export and Transfer System dated July 27, 2004 and as amended. I. "Municipal solid waste" shall have the same meaning as municipal solid waste within the service agreement as modified or amended. "Recycling drop -off facility" means a container located at the transfer station and Blue - Mountain drop -box facility for depositing recyclable materials and green, brown and clear recyclable glass bottles and jars. Up to 3 additional recycling drop -off facilities are provided at various locations within the City for depositing only green, brown and clear recyclable glass. K. "Recyclable materials" shall have the same meaning as recyclable materials for the transfer station and Blue Mountain recycling drop -off facilities in accordance within the service - 21 - agreement, excluding acceptable household hazardous waste, acceptable moderate -risk waste, and white goods, as modified or amended. L. "Self- hauler" means any person hauling refuse from, or as a result of, any residence, business, commercial or industrial enterprise, regardless of where said enterprise is located in Clallam County. Any governmentally owned solid waste utility that does not enter into the interlocal agreement shall be considered a self - hauler. M. "Service agreement" means the solid waste processing facility development and management services agreement between the City of Port Angeles and Waste Connections of Washington, Inc. dated April 15, 2005 and as modified or amended. N. "Solid waste processing facility" means the Port Angeles transfer station, Blue Mountain drop -box facility, recycling drop -off facilities, Port Angeles co- composting facility., Port Angeles moderate -risk waste facility, and the Port Angeles landfill, all of which form the City's solid waste processing facility. 0. "Transfer station" means the solid waste processing facility described in the service agreement. P. "Unacceptable waste" shall have the same meaning as unacceptable waste within the service agreement as modified or amended. "Unsecured load" means waste that is not contained or restrained, such that the material can fall, slip or otherwise escape from the vehicle in which it is transported, and thereby be deposited onto a roadway or property adjacent to the roadway. R. "Waste acceptance policy" means the waste acceptance policy for the applicable solid waste processing facility as amended. S. "Yard waste" received at the transfer station shall have the same meaning as yard waste or yard debris in accordance within the service agreement, as modified or amended. 13.57.020 Rates. At least 30 days prior to the date, the Director shall publish notice to the ublic of the date the solid waste . rocessin facili will be o . en for business. Be i innin on the date s . ecified in a written notice from the Director to the . ublic that the solid waste • rocessin facility will be open for business, the following rates shall be in effect and supercede the rates specified in 13.56.020 PAMC: A. All collection entities shall be charged and pay the following rates at the transfer station: 1. $80.00 per ton for municipal solid waste and wastewater treatment plant 2. $24.80 per ton for clean yard waste, as determined by the transfer station attendant, that may be converted to compost. 3. $19.85 per ton for wastewater treatment plant biosolids. 4. The City shall pay the collection entity charges for municipal solid waste received at the transfer station from the contractor for the Blue Mountain drop box operation under the service a • eement. The City shall pay the collection entity charges for yard waste received at the transfer station from the contractor for curbside collection of yard waste under the service agreement. B. All self - haulers shall be charged and shall pay the following rates at the transfer station (except as set forth herein): 1. $97.00 per ton for municipal solid waste with a $10.00 minimum fee. $40 per ton for clean yard waste, as determined by the transfer station attendant, that may be converted to compost, with a $5.00 minimum fee. grit. 3. In addition to the fees established by subsections 1 and 2 of this section, a self - hauler that delivers an unsecured load to the transfer station shall be charged a $10.00 fee. 4. There will be no fee charged for recyclable materials deposited into the recycling drop -off facility. There will be no fee charged for acceptable household hazardous waste received at the transfer station. 5. There will be no fee charged for acceptable moderate -risk waste received at the moderate -risk waste facility from residents covered under the interlocal agreement. Commercially exempt small quantity generators shall not deposit moderate -risk waste at the moderate -risk waste facility. Self- hauler rates shall be reduced by 4.6% for the federal government, its agencies and instrumentalities. 1 Rates for acceptable special waste shall be charged as follows: Item Rate Asbestos $235.70 per ton Tires (automobile and truck) $97.00 per ton Metals and white goods $47.65 per ton Environmental fee $20.00 per unit Contaminated or dredge soils $97.00 per ton. 8. In lieu of requiring multiple scale house transactions for loads with mixed municipal solid waste, the Director may establish weight reductions for recyclable materials, metals, acceptable household hazardous waste, and acceptable moderate -risk waste. Under no circumstances shall a weight reduction result in a reduction of the minimum fee. The weight reductions approved by the Director shall be issued at the scale house. C. The self - hauler rate 13.57.020.B.1. may be waived for disposal of refuse which is collected as a part of a beautification or cleanup program. The transfer station self - hauler rate 13.57.020.B.1. may be reduced by 50% for certain projects by non - profit organizations. Any waiver or reduction to the self - hauler rate shall comply with the following requirements: 1. The person requesting a waiver or reduction submits a written application to the Director at least 30 days before disposal of refuse at the transfer station. The Director shall accept or deny the application before refuse is disposed at the transfer station. 2. A waiver may be available for disposal of refuse which is collected as part of a beatification or cleanup program, such as the benefit dump day, Clallam County chain gang, and Washington State Department of Transportation, which must dispose of litter. 3. A reduction may be available to charitable, nonprofit organizations, such as the Salvation Army, St. Vincent DePaul, and Serenity House, the primary purpose of which is provide necessary support for the poor or infirm and which must dispose of unusable donated items. 4. Pursuant to Chapter 35.83 RCW, a reduction may be applied to the Housing Authority of Clallam County for self -haul of materials left by tenants who vacate Housing Authority premises and for disposal of demolition debris. 5. All waivers or reductions approved by the Director shall be valid for 30 days and shall be limited to projects that further the public health, safety, or welfare, enhances the environment, or is otherwise in the public interest for parties of the interlocal agreement. 6. In order for the waiver or reduction to be valid, applications approved by the Director shall be presented to the scale house attendant at the time of disposal. D. All self - haulers shall be charged and shall pay the following rates per ton at the Blue Mountain drop -box: • 1. $184.00 per ton for municipal solid waste with a $5.00 minimum charge. 2. Recyclable materials deposited into the recycling drop -off facility will not be charged a fee. Acceptable household hazardous waste will not be charged a fee. 3. The self - hauler rate shall be reduced by 4.6% for the federal government., its agencies and instrumentalities. 13.57.030 Disposal Regulations. A. All collection entities and self - haulers shall comply with the waste acceptance policy. Only acceptable waste shall be deposited at a solid waste processing facility. Collection entities and self - haulers shall not deposit dangerous waste or unacceptable waste at any solid waste processing facility. Waste originating outside Clallam County shall be unacceptable for disposal, except with the prior written consent of the Director. B. Recycling drop -off facilities shall clearly identify and instruct self - haulers about the types of recyclable material that may be deposited. Self - haulers shall only deposit recyclable materials that are allowed to be deposited into a recycling drop -off facility. C. The Director may issue transfer station scale house reader cards, and collection entities and self - haulers shall use reader cards in accordance with the waste acceptance policy. Collection entities shall have vehicle tare weight determined by the City, shall only use the reader card for the vehicle it was issued for, and shall always use the outer - inbound scale unless otherwise specified by the Director. Self - haulers shall always use the reader card at the inner- inbound and inner- outbound scales, unless otherwise specified by the Director. In the event a reader card is lost or misplaced by a collection entity or self - hauler, the person responsible for reader card shall be required to pay for all transactions at the transfer station scale house until the Director is notified in writing that the reader card has been lost or misplaced. Self - haulers shall pay a utility service fee in accordance with PAMC 3.70.010.B.4. for an initial reader card and each replacement reader card issued. D. It is unlawful for any person to enter the disposal area of any solid waste processing facility except when an attendant is present during the designated hours of operation. Those persons hauling their own refuse shall place such refuse where directed by the attendant and shall pay those fees as set forth by the City Council. E. It is unlawful for any unauthorized person to set fire to, or burn, any waste at any solid waste processing facility unless granted permission by the Director to do so. F. No unauthorized person shall scavenge, separate, collect, carry off, or dispose of, any waste material unless authorized to do so by written permit of the Director. G. Any person failing to abide by the disposal regulations, or creating a public disturbance in accordance with Chapter 9.24 PAMC, shall be subject to removal from the solid waste processing facility. 13.57.040 Penalties. A. Any person subject to this Chapter who delivers dangerous waste or unacceptable waste in violation of the waste acceptance policy to a solid waste processing facility shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not less than $500 per violation. Each day that a violation continues constitutes a separate offense. B. Any person that delivers dangerous waste or unacceptable waste to a solid waste processing facility shall be liable to the City for any additional cost for removal, cleaning, and disposal of unacceptable waste by the contractor. C. Any person subject to this Chapter who fails or refuses to comply with the waste acceptance policy, knowingly deposits recyclable materials into the wrong recycling drop -off - 24 - • • facility, knowingly deposits waste that is not a recyclable material into a recycling drop -off facility, or knowingly deposits waste that is not yard waste at the co- composting facility, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not less than $250 per violation. D. Any person who knowingly evades a scale house transaction, or makes any false statement or representation in any scale house transaction, waste manifest or other matter pursuant to this Chapter, shall (in addition to civil and/or criminal penalties provided by law) be guilty of a misdemeanor and shall be prosecuted and punished accordingly. Section 5. Chapter 3.70 of the Port Angeles Municipal Code is hereby amended by amending 3.70.010(B) to read as follows: 3.70.010 Finance Department Fees. A. B. Utility Connections /Reconnections & Automatic Turn-ons. 1. Utility connections /reconnections during regular working hours (8:00 a.m. to 4:30 p.m.) - $25.00 2. Automatic turn-ons pursuant to property owner agreements - $15.00 3. Utility service provided pursuant to PAMC 13.54.035(B), 13.54.050(B) , and 13.54.060(B) - $15 4. Utility service provided pursuant to PAMC 13.54.080, 13.54.120, 13.54.050(D), 13.54.060(D), 13.54.070(B) and 13.57.030(C) - $25. C. 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 of the Ordinance to other persons or circumstances, is not affected. Section 7 - Effective Date. This Ordinance shall take effect five days following the date of its publication by summary. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 18th day of April, 2006. Karen A. Rogers, Mayor ATTEST: APPROVED AS TO FO Becky J. U4n, City Cler William E. Bloor, City Attorney PUBLISHED: April 2 3 .2006 By Summary G: \Legal_Backup\ORDINANCES&RESOLUTIONS\2006-09.Sol idWasteUtility &Landfill.040606.wpd: April 12, 2006 (4:00 pm) • Summaries of Ordinances Adopted by the Port Angeles City Council on April 18, 2006 Ordinance No. 3243 This Ordinance of the City of Port Angeles, Washington, amends the City's solid waste utility, garbage collection, and sanitary landfill regulations and rates, Chapters 13.52, 13.54, and 13.56 of the Port Angeles Municipal Code, adopts a new chapter, 13.57 - Solid Waste Processing Facility, and amends utility fees, Chapter 3.70 of the Port Angeles Municipal Code. Ordinance No. 3244 This Ordinance of the City of Port Angeles, Washington, rezones the following property from RS -11 (Residential, Single Family) to IH (Industrial Heavy): Parcel 1: All of that portion of the SW1 /4 of the SE1 /4 of Section 7, Township 30, Range 6 West, W.M., lying South of the Olympic Highway, containing twenty acres, more or less, according to the government survey thereof. Parcel 2: The E1 /2 of the SE1 /4 of Government Lot 4, Section 7, Township 30 North, Range 6 West, W.M., EXCEPT right of way for State Highway. Parcel Nos 0630074301251000 and 0630073401500000, all in Clallam County, Washington. 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. These Ordinances shall take effect five days following the date of publication by summary. Becky J. Upton, CMC City Clerk Publish: April 23, 2006