HomeMy WebLinkAbout2814Ordinance No. 2814
(Amending or Repealing Ordinances)
C01\10=738 — Midway Landfill Site/Solid Waste
Passed — 11/1/1988
Amending KCC Ch. 7.08 — Collection of Recyclable Materials
Amended by Ords 3541;3779;3832;3851
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ORDINANCE NC.
AN CRDINANCE of the City of Kent,
Washington, amending Kent City Code
Chapter 7.08 relating, to collection of
recyclable materials. (Crd. 2365, -2-3-xe, 2378,
2689, 2691, 2692.)
WHERFAS, the City of Kent in part terminated certain
functions of its solid waste utility relating to the collection of
garbage in the City of Kent, permitting the collection and
disposal of garbage by authorized companies regulated by the
Washington State Utilities and 'Transportation Commission under RCW
3l p3 81.77; and
OWHEREAS, the City of Kent participates in ar interlocal
agreement with King County for the development of a solid waste
management plan for the collection and disposal of solid waste in
a comprehensive King County Solid Waste Management Plan by Council
Resolution and Interlocal Agreement; and.
WHEREAS, the City of Kent also exercises environmental
health, litter control, land -use and development control, and
nuisance abatement authorities and other police power functions
related to the health, safety, and welfare of its citizens; and
WHEREAS, the City of Kent is authorized to establish a
system of collection for recyclable and reuseable materials,
including regulation of recycling centers by ordinance and award
cortracts for residential and commercial collection under the
City's direction;
WHEREAS, the City of Kent has recognized that its local
regulatory authority to manage, regulate, maintain, operate,
control and subsidize a local recycling program, would foster and
is consistent with resource management priorities developed under
PCW Chapter 70.95; and
WHERFAS, urique local conditions within the City exist as
to the generation, collection, and reuse of recyclable materials
requiring uniformity in the collecticn_ of recyclable materials; and
WHEREAS, it is the City's policy to create a voluntary
program for solid waste reduction and recycling; NOW, THERFFCRE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DCES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Fincings. The Council finds that the
generation, accumulation, and collection of residential materials
capable of reuse, resource recovery, and recycling are of such a
local nature as to affect the public's health, safety, ana
welfare. Without local incentives and regulations to promote a
uniform system of collection, the generation and accumulation of
such materials may become a public nuisance, pose a threat of
fire, and may present a potential environmental and public health
risk to the affected community.
Section 2. KCC Chapter 7.08 is amended as follows:
CHAPTFR 7.08
CARBAGE AND RFSOURCE RECOVERY
7.08.010. DEFINITIONS. As used in this Chapter, the
following definitions apply:
A. "Collection. Company" means the persons, firms or
corporations cr combination thereof certified by the Washington
Utilities and Transportation Commission, pursuant to Chapter 81.77
RCW to engage in the business of operating as both a garbage and
refuse collecticn company, including an authorized ecntracter for
the collection of recyclable materials under this Charter in areas
including all or part of the City of Kent.
B. "Detachable container" means any garbage container
compatible with the collection company's equipment that is rot a
garbage can, garbage unit, cr mobile toter.
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C.
Department.
"Director" means the Director of the Public 4Acrks
D. ((� r)) "Garbage" means all accumulations of refuse, swill,
and other solid waste matter not intended for recycling or reuse
and discarded as of no further value to the owner.
1. "Refuse" means waste matter discarded as of no
further value, including ashes, cinders, clinkers, lawn cuttings,
grass and leaves, broken up household furnishings and equipment,
discarded hot water tanks, bottles, barrels, cartons, shrubs,
small trees, small tree limbs, paper and , and scraps of wooden
crates and boxes; but shall exclude large trees, earth, sand,
gravel, rock, broken concrete, plaster, brick and other building
materials, automobile bodies, large auto parts, building waste,
fire refuse and waste.
2. "Swill" means all accumulations of animal,
fruit, or vegetable matter, liquid or otherwise, that attends the
preparation, use, dealing in or storing of meat, fish, fowl,
fruit, and vegetables.
3. 'The tern "garbage" excludes recyclable
materials intended for recycling under this Chapter, manure,
sewage, dead animals over fifteen pounds, and cleanings from
public and private catch basins, wash racks or sumps. Collection
and disposal of matter excluded from the term "garbage" shall be
as otherwise provided by law.
E. ((4� r)) "Garbage can" means a watertight, galvanized, sheet
metal, raised -bottom container or suitable plastic container not
exceeding four cubic feet or thirty-two gallons in capacity,
weighing not over twenty-two pounds when empty, fitted with two
sturdy handles, one on each side, and a tight cover equipped with
a handle.
F. ( (+-) ) "Cartage units" rrear.secure and tight bundles, none
of which shall exceed three feet in the longest dimension and
shall not exceed seventy-five pounds in weight. Cartage units may
also mean small discarded boxes, barrels or bags, or in securely
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tight cartons or ether receptacles not intended for recycling
under this Chapter and able to be reasonably handled and loaded by
one person onto a collection vehicle.
G. ((.F',)) "Motile toter" means a movable container which holds
at least eighty-five gallons or one hundred eighty pounds of
((4e,t-u4.e)) garbage, with a hinged -lid with tight fit, thick
skinned one-piece balanced weight body which sets on tires, which
will be picked up at curbside with hydraulic dumpster.
H. "Person" means every person, firm, partnership,
business, association, institution, or corporation in the City of
Kent accumulating garbage requiring disposal or generating,
accumulating, and collecting recyclable materials. The term shall
also mean the occupant and/or the owner of any premises for which
service herein mentioned is rendered. (C.2365, §2(part))
I. "Recycle container" means designated 90 gallon
mobile tcters in which recyclable materials can be stored and
later placed at curtside, alle-side, or other location designated
by the Director or Collection Company with the concurrence of the
Director. This term also includes but is not limited to
designated commercial drop boxes and compactors at locations as
may be specified by the Director.
J. "Recyclable materials" means waste materials
generateG in the City of Kent capable of reuse from a waste stream
as designated by the Director, including but not limited to sorted
or unsorted newsprint, glass, aluminum, ferrous and ren -ferrous
cans, plastic materials, mixed paper,_ and cardboard accumulated
and irtendec for recycling or reuse and collection by a Collection
Company or authori2e6 contractor. This term excludes all
dangerous wastes and hazardous wastes defined in RCIK, 70.105 and
70.105A, and solid wastes intended for disposal in a landfill,
incinerator, or solid waste disposal facility under WAC 173-304
All recyclable materials intended for collection k -y a City
authorized collection company or contractor shall remain the
respcnsitility and ownership of Tarticipants until such materials
as contained in designated recycle containers are placed out for
collection for the authorized contractor. Such materials then
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become the responsibility and property cf the collection company
or authorized contractor subject to the right of the participant
to claim lost property of value.
K. (W -)) "Solid Waste" shall he as defined by WAC
173-304-100(73), and includes refuse with the exception of sludge
from, waste water treatment plants and se tape, from septic tanks,
extremely hazardous waste, hazardous waste, dangerous waste, and
problem wastes as defined in WAC 173-303 and 173-304, and RCTA
70 .1 05 an d 70.105A 4 y -+AC- 3-73-310-4-41--5) .
(0.2691 §3)
L. ( (-it:-) ) "W.U.T.C." means the Washington Utilities ar.d
Transportation Commission. (C.2392, §1; 0.2689 §1; C.2691 §3)
7.08.020. CARPAGE COLLECTION EY CCLLECTICN CCNPANY.
A. Garbage collections shall be made by garbage and
refuse collection companies as authorized by the Washington
Utilities and Transportation Commission, pursuant to chapter 81.77
RC W .
B. It shall be unlawful for any person, other than
those duly authorized by the W.U.T.C., to haul garbage through the
streets of the City or to dump garbage; provided, that those
commercial and industrial business establishments having permits
to haul their own garbage and refuse nay continue to haul such
garbage by annual permit. Renewal permits shall be issued by the
City Clerk upon application and payment of the annual permit fee.
The annual permit fee shall be:
Permit holders hauling less than one hundred fifty tons
of garbage per month, one hundred dollars;
Permit holders hauling greater than one hundred fifty
tons of garbage per month, seven thousand five hundred dollars.
Any permit holder, as provided for in this subsection,
shall haul his garbage at least once a week for public health.
reasons.
C. This section does not apply to the occasional
hauling by residential customers of refuse to an approved site;
provided, the minimum level of garbage service is paid for by the
residential customer. (0.2365, §2(part))
D. Carbage and Refuse Collection - Pusiness I,icerse
Required. To provide for the public health, safety and general
welfare, collection corparies operating within the City shall to
the extent permitted by law, at no additional cost to the City or
its residents:
1. Comply with all provisions of this Kent City
Code and Amendments thereof, and applicable federal, state and
county laws and regulations pertair_ina to the collection,
handling, transportation and disposal of garbage. The City shall
be entitled, during regular business hours, to inspect the books
and records of collection, companies operating within the City of
Kent.
2. Pick up Christmas trees each January.
3. Provide for a semiannual residential cleanup in
the Spring and Fall of each year to allow for disposal of
accumulated garbage. The Director of Public works shall
promulgate administrative rules, fcllowinco consultation with
collection companies, for the implementation of this subsection.
4. Provide service to public buildings and
facilities, as set forth in Attachment A to Ordinance 2689. Upon
consultation kith collection companies, the Director of Public
Forks may add or delete public facilities from said Attachment A
in the interests of public health and safety.
E. Collection companies operating pursuant to and in
compliance with this Chapter shall be issued upon application a
business license pursuant to Chapter 5.02 KCC, without the payment
of license fees, permit fees as provided in subsection 7.08.020P,
above, or other fees related to solid waste handling established
by the City; PRCVIDED, however, that this subsection 7.08.020E
shall not be construed as a waiver of the utility tax imposed by
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Chapter 3.04 KCC._ (0.2378, §1; C.2689 §1)
7.08.030. COLLECTION CF RECYCLABLE MATERIALS.
A. Collection companies and authorized contractors
operating in compliance with this Chapter are permitted to enter
into an agreen-ent with the City of Kent and to enter private
property to collect recyclarle materials from participants under a
program administered by the City of Kent cr as may be further
prescribed in regulations prorrulgated by the Director. Subject to
terms and conditions of any such contract and regulations, Such
companies are solely responsible for all costs of removal,
marketing, and disposal of recyclable materials placed out for
collection by program participants.
E. The Director is authorized' to pre are any
implementing regulations needed for the development and
implementation cf a velurtary waste reduction and recycling
collection program for participaticn by residential and commercial
generators of waste materials capable of being recycled and
reused. Such program shall rot prohibit the customary collection
and sale of recyclable and reuseable materials by persons or
private recyclers or affect the right of waste generators to
continue to accumulate, buy, sell or give recyclable materials to
pErsons other than, the Collection Company or authorized
contractor. The Director shall provide for public service
announcements, cooperation with the media, coordination with
collection companies and authorized contractors, and information
in City utility billings notifying the public of recycling program
elements and collection, times.
C. Designated recycle containers shall be nlacec at
curbside, alle side, or ether locations as determined by the
Director or Collection Com any with the concurrence of the
Director. Pack yard collection of recyclables shall not be
required of the collection company or contractor except under
special circumstances determined by the Director, including
disabled cr elderly participants.
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7.08.040. GARBAGE ACCUMULATION.
A. All persons accumulating garbage in the City of Kent
shall place and accumulate same in garbage cans, or garbage units,
mobile toters, or approved detachable containers, as required by
this Chapter.
B. It shall be unlawful to deposit, throw, or place any
garbage in any land, alley, street or ether public place, or to
deposit, throw or place any garbage such materials on any private
property regardless of ownership, unless the garbage is placed in
garbage cars, containers, or toters, the covers of which shall not
be removed except when necessary for the depositing or removing of
garbage such materials; provided that boxes, small barrels,
cartons, shrubs, small trees, small tree limbs, scraps of wooden
crates and boxes, brcken up household furniture and equipment,
paper, hollowware and rubbish in general, may be broken up or cut
up and placed in garbage units, as defined in KCC 7.08.010(e).
C. Any garbage can when filled shall not weigh more
than seventy-five pounds and shall be so packed that the ecntents
thereof will dump out readily when the can is inverted. All
garbage cans and garbage units shall be placed in convenient,
accessible locations upon the ground level or ground floor and as
near as practicable to the approximate rear of the building or
near the alley, street or road at which collection trucks are to
be loaded; all walks, paths, and driveways to the place of loading
shall have a overhead clearance of not less than eight feet.
D. Any mobile toter when filled shall not weight more
than one hundred eighty pounds and shall be so packed that the
contents thereof will dump out readily. All mobile teters shall
be placed at curbside or alley before 7:00 a.m. and removed from
curb or alley as soon as possible after collection, but no later
than 7:00 p.m.
E. Any person accumulating garbage in the dountowr_ or
suburban business areas whose location requires the placing of
cans, containers, or units on a sidewalk or alley for ccllecticr,
shall not place same on sidewalk or alley until the close of each
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business day, and shall remove cans from sidewalk or alley
immediately after the opening for business each morning.
F. 1. No hot ashes or other hct material, dirt, sand,
rocks, gasoline, solvents, oil, paint or dangerous or hazardous
wastes shall be placed in any garbage can, garbage unit,
detachable container, ((-or:)) mobile toter, for collection or
removal. All kitchen, table and cooking waste before being
deposited in garbage cans, garbage units, detachable container, or
mobile toters shall be drained and wrapped it paper or other
material in such a manner as to prevent as nearly as possible
moisture from such garbage from coming in contact with sides or
bottoms of the containers.
2. As used it this section, "danaercus or
hazardous wastes" means any solid waste designated as dangerous or
hazardous waste by the State Department of Ecology under PCW; Ch.
70.105 and 70.105A, and such wastes shall be disposed of
consistent with Department of Ecology rules and regulations under
WAC 173.303 and 173.304.
G. When use of garbage cans is allowed or required,
sufficient garbage cans must be provided for the collection of all
garbage cans as defined in this Chapter. horn out and improper
cars shall be discarded.
H. Residential units shall use fully -automated mobile
toters unless otherwise authorized by the collection company.
Mobile toters shall be provided by the collection company.
( (4ob}le-toters &ha+l+e-pr@-vi4ed-i�y *he-co-+lectiorrcerpenp.) )
All mobile toters shall remain the property of collection company
and are provided and assigned to residences for the health,
safety, convenience, and general welfare of the occupants. The
containers shall not be damaged, destroyed, or removed from the
premises by any person((*)). M((*))arkings and identification
devices on the containers, except as placed or specifically
permitted by the collection company are expressly prohibited and
shall be regarded as damage to the containers and an unlawful
injury to property punishable under this Chapter and KCC 9.02.68.
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I. It shall be unlawful, except as authorized by the
owner, collection company or the City to deposit any garbage or
other material in any garbage can, garbage unit, detachable
container, or mobile toter, designated recycle container, or to
remove the covers therefrom; said covers shall be securely placed
on each such can, toter, container or unit at all times, except
when, it is necessary tc remove same for deposit or at times of
collection,. (0.2365, §2(part); 0.2689 S1)
Section 3. The Ccuncil ratifies ar.d adopts as consistent
with and having been taken with full force and authority under the
provisions of this ordinance, all Council actions and ordinances,
and all executive actions of the Mayor, including a recycling
agreement entered into with Rabancc, Inc., dba Kent Disposal
Company, for the collection of recyclables in the City of Kent.
Section 4. Any act consistent with the authority and
prior to the effective date of this ordinance is hereby ratified
and confirmed.
Section. 5. Effective Date. This ordinance shall take
effect and be in force five (5) days from and after its passage,
approval and publication as provided by law.
ATTEST:
MARIE JE N, CITY CLERK
APPRO ED A GRM:
ONDRA DRISCCLL, CITY ATTGRN,Y
DAN KELLEHER, MAYOR
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PASSED the day of �rti , 1988.
\o
APPROVED the day of d�oy--- , 1988.
PUBLISHED the day of �.�--- , 1988.
I hereby certify that this is a true copy of Ordinance
No. Passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as herecn
indicated.
( SEAL )
MARIE ENSEN, CITY CLERK
5680-190