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HomeMy WebLinkAbout3302• ORDINANCE NO. 3302 AN ORDINANCE of the City of Port Angeles, Washington, revising garbage collection rates by amending Chapter 13.54 of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN as follows: Section 1. Ordinance 3243, as amended, and Chapter 13.54, Garbage Collection, of the Port Angeles Municipal Code are hereby amended by amending 13.54.020, 13.54.030, 13.54.050 to 13.54.120, and 13.54.150 PAMC to read as follows: 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 any person 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. E. "Commercial Building" means a building or group of buildings designed, intended for, or used for any purpose other than: (1) single dwellings; (2) multiple dwellings; and (3) industrial facilities, 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. 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. G. "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. "Industrial" and "Industrial Facilities" mean all of the businesses under the title "manufacturing" in the official 2007 US NAICS Manual North American Industry Classification System— United States, as published by the United States department of commerce. JK. "Landfill" means the Sanitary Landfill disposal area administered and regulated by the City under Chapter 13.56 PAMC. KL. "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. LM. "Offal" means waste animal matter from butcher, slaughterer or packing houses. MN. "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. NO. "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. OP. "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. PQ. "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. QR. "Recyclable materials" shall have the same meaning as recyclable materials for curbside collection in accordance within the service agreement as modified or amended. RS. "Refuse" means garbage, rubbish, trash, and offal, as defined herein, placed and stored together in a refuse container. ST. "Refuse container" means a receptacle furnished by the City for use with its mechanical refuse collection system. +U. "Residence" means a single dwelling unit that has been issued a certificate of occupancy. UV. "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. -2- • ¥W. "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. WX. "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. XY. "Trash" means all waste matter not subject to decay or putrefaction, which, for the purpose of this Chapter, includes ashes. ¥Z. "Waste" and "wastes" means all discarded materials and /or substances. ZAA. "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. AABB. "Yard waste container" means a receptacle furnished by the contractor for the collection of yard waste. 13.54.030 - Compulsory Service. Each (1) single dwelling, (2) multiple dwelling and (3) commercial building within the City shall be provided with refuse collection service by the City. Each single dwelling, multiple dwelling and commercial building within the City shall pay for the collection of refuse at the rates provided in Scction 13.54.040this Chapter. 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. 13.54.050 - Schedule R -01 — Residential Weekly Service. BA. Bcgifinmg July 1, 2006, The rate shall be $27.3026.80 per month for 1 collection of a 90- gallon refuse container per week. The rate per month for each additional refuse container shall be $27.3026.80. 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 inne-1-672-006-in accordance with PAMC 13.54.060.A. the rate specified within this Section shall automatically apply Legirming July 1, 2006. eB. Upon request a 96- gallon recycling container may be provided X906. The recycling container and shall be collected every other week. The recycling container and collection of the recycling container shall be provided at no additional charge. DC. Beginning Octobcr 1, 2006, aA 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 13.54.150.11. -3- • • BD. 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. B gi TrinB July 1, 2006, upon request the rate shall be $21.8519.45 per month for 1 collection of a 90- gallon refuse container. The rate per month for each additional refuse container shall be $21.8519.45. B. _ ... , . 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 and shall be collected every other week. The recycling container and collection of the recycling container shall be provided at no additional charge. D. Begimiing October 1, 2006, aA 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; provided, however, this paragraph shall not apply to any changes or requests made during the two weeks beginning six weeks prior to the effective date of any amendments to the rates under Schedule R -01 or Schedule R -02. 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. F. Under no circumstances shall the rate for any single dwelling or multiple dwelling be less than the rate specified in this Section, except as allowed by PAMC 13.20. 13.54.070 - Schedule R -03 — Residential Yard Waste Service. A. Upon request the rate shall be $7.057.40 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 $7.057.40. B. Beginning October 1, 2006, aA 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. Beginii�rgty 1, 2006, uUpon 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 $6.85onc -fourth of the ratc spccified in 13.54.090 PAMC. The utility -4- service fee for each collection of a 300 - gallon refuse container shall be $19.90 - rate spccificd 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 Decembcr 31, 2006, The rate shall be $21.8521.75 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 $21.8521.75. The rate shall be reduced by 4.6% for the federal government, its agencies and instrumentalities. B. Begiiming-Jairttaiy 1, 2007, the rate shall be $22.95 pet month for 1 collcction of • - - - govcrnmcnt, its ageneics an d ins trunlentalities. B. Under no circumstances shall the rate for any commercial building be less than the rate specified in this Section. 13.54.095 - Schedule I -01 — Industrial 90- gallon Service. The rate shall be $19.80 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 $19.80. The rate shall be reduced by 4.6% for the federal government, its agencies and instrumentalities. B. Under no circumstances shall the rate for any industrial facility be less than the rate specified in this Section. 13.54.100 - Schedule C -02 — Commercial 300-Gallon Service. A. Through De.,ember 31, 2006, tThe rate shall be $75.6575.15 per 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 $75.6575.15. The rate shall be reduced by 4.6% for the federal government, its agencies and instrumentalities. for 1 300- collcction of a gallon refusc container per wcck and serni-wcckly collcction of a • •.. .. . ; • .: ; .. • B. • 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. -5- DC. 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. 13.54.105 - Schedule I -02 — Industrial 300-Gallon Service. A. The rate shall be $68.30 per month for 1 collection of a 300 - gallon refuse container . er week and semi -weekl collection of a cardboard rec din. container. The rate . er month for each additional refuse container and for each additional weekly collection of a refuse container shall be $68.30. The rate shall be reduced by 4.6% for the federal government, its agencies and instrumentalities. B. 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 industrial facility's waste volume and /or weight and Schedule I- 02— Industrial 300 - Gallon Service. Under no circumstances shall the rate for any person that is assigned a restricted refuse container be less than Schedule I -01 — Industrial 90- Gallon Service. The rate shall be reduced by 4.6% for the federal government, its agencies and instrumentalities. I 13.54.110 - Schedule C -03 — Commercial Recycling Service. Beginning July 1, 2006, whenWhen the commercial recycling service is requested in addition to semi - weekly collection of cardboard, the rate shall be $10.5011.05 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 $10.5011.05. 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 - - - - • $5.75. - .. . . . :.: : . The utility service fee for each 300 - - collection of a - gallon refuse container shall be $19.90. - .. . 13.54.100 PAMC. Requests to deliver, remove and collect a temporary refuse container shall be made at least 24 hours in advance. 13.54.125 - Schedule I -03 — Industrial Temporary Service. When a 90- • allon or 300 - gallon temporary refuse container is requested the utili 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 $5.20. The utility service fee for each collection of a 300 - gallon refuse container shall be $18.10. Requests to deliver, remove and collect a temporary refuse container shall be made at least 24 hours in advance. 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 and industrial facilities receivin • solid waste collection services in accordance with Sections 13.54.090 throu • h 13.54.120 PAMC may receive the commercial cardboard recycling service at no additional charge. The rate -6- • • er . erson for semi -weekl collection of a cardboard rec clin container for a commercial buildin or industrial facility that does not receive solid waste collection service shall be $15.00 per month. 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 yard waste will have the yard 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 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. I. 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. Section 2 - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the • • correction of the scrivener's /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 3 - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, are held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 4 - Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect January 1, 2008. PASSED by the City Council of the City of Port An eles at a regular meeting of said Council held on the 2na day of October, 2007. MAYOR ATTEST: APP OVED AS TO FO Becky J. Up , °' Clerk William E. Bloor, City ttorney PUBLISHED: October 7 , 2007 By Summary G:\Legal_ Backup \ORDINANCES &RESOLUTIONS \ORDINANCES.2007 \2007- 32.Solid Waste Rates.083007.wpd Summaries of Ordinances Adopted by the Port Angeles City Council on October 2, 2007 Ordinance No. 3300 This Ordinance of the City of Port Angeles, Washington, repeals Chapter 13.56, Sanitary Landfill, and revises Transfer Station rates by amending Chapter 13.57 of the Port Angeles Municipal Code. This Ordinance shall take effect January 1, 2008. Ordinance No. 3301 This Ordinance of the City of Port Angeles, Washington, revises taxes levied upon every person, firm, entity, corporation or public utility district, including the City, engaged in the distribution and sale of electricity, as well as the City's solid waste processing and transport facility, water utility, wastewater utility, stormwater utility, and solid waste collection or recycling collection. This Ordinance shall take effect January 1, 2008. Ordinance No. 3302 This Ordinance of the City of Port Angeles, Washington, revises garbage collection rates by amending Chapter 13.54 of the Port Angeles Municipal Code. This Ordinance shall take effect January 1, 2008. 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. As stated above, these Ordinances shall take effect January 1, 2008. Becky J. Upton, CMC City Clerk Publish: October 7, 2007