HomeMy WebLinkAbout2870Ordinance No. 2870
(Amending or Repealing Ordinances)
CONO=738 — Solid Waste
Passed — 8/22/1989
Establishing a System of Solid Waste Collection and Disposal for the Entire City
Amended by Ords. 3541;3779;3832
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CITY OF KENT, WASHINGTON
ORDINANCE NO. (-�2 0 ` "7 d
G
AN ORDINANCE of the City of Kent, Washington, relating
to public health, safety and general welfare; establishing a
system of solid waste collection and disposal for the entire
city; providing for solid waste collection and disposal
under direction of the city; amending Kent City Code
sections KCC 7.08.010, KCC 7.08.020, and KCC 7.08.200;
repealing Kent City Code section KCC 7.02.200; authorizing
contracts for solid waste collection; declaring an emergency
therefor.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Recitals and Findings.
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i 1.1 The State Constitution authorizes the City to enact
d� ordinances in furtherance of the public health, safety, morals
and general welfare. The constitutional grant of authority is a
0 direct delegation of police power as extensive as is possessed
3a y3 the state legislature. For eighty years the courts of the
State have recognized that city ordinances conferring the
,.9 exclusive right to collect garbage and refuse ("solid waste")
dtpon a city department or contractor are clearly within the
Opolice power.
1.2 The broad grant of authority contained in the State
Constitution is carried forward to cities by state statute.
RCW 35.21.120 provides that every city or town may by ordinance
provide for the establishment of a system of solid waste
collection and disposal for the entire city or town or portions
thereof, and award contracts for solid waste collection and
disposal or provide for collection and disposal under the
direction of officials and employees of the city or town.
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1.3 The City of Kent ("City") has maintained and operated a
system of sewerage pursuant to Chapter 35.67 RCW, consisting of
a sanitary sewage collection and disposal system, a storm and
surface water utility, and a system and plant for garbage and
refuse collection and disposal.
1.4 In 1986, the City was faced with a crisis in solid
waste management, and potential pollution of its neighborhoods
and environment from the City of Seattle ("Seattle") Midway and
Kent Highlands landfills. The City sought to divert solid waste
from the Kent Highlands landfill to the King County Cedar Hills
landfill. The efforts of the City were delayed by protracted
negotiations between Seattle and King County. Faced with the
closure of the Kent Highlands landfill and no site for disposal
of City solid waste, the City determined to provide for the
public health, safety and general welfare of the City by
terminating its system and plant for garbage and refuse
collection and disposal ("solid waste system").
1.5 The termination of the City solid waste system was
premised on the availability of a company to begin immediately
the collection of solid waste, and disposal of solid waste at
other than Kent Highlands landfill. The Rabanco Companies, a
Washington general partnership, d/b/a Kent Disposal Company
("Kent Disposal"), and other collection companies represented
their availability to serve areas of the City based on previous
authority granted by the Washington Utilities and Transportation
Commission ("WUTC").
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1.3 The City of Kent ("City") has maintained and operated a
system of sewerage pursuant to Chapter 35.67 RCW, consisting of
a sanitary sewage collection and disposal system, a storm and
surface water utility, and a system and plant for garbage and
refuse collection and disposal.
1.4 In 1986, the City was faced with a crisis in solid
waste management, and potential pollution of its neighborhoods
and environment from the City of Seattle ("Seattle") Midway and
Kent Highlands landfills. The City sought to divert solid waste
from the Kent Highlands landfill to the King County Cedar Hills
landfill. The efforts of the City were delayed by protracted
negotiations between Seattle and King County. Faced with the
closure of the Kent Highlands landfill and no site for disposal
of City solid waste, the City determined to provide for the
public health, safety and general welfare of the City by
terminating its system and plant for garbage and refuse
collection and disposal ("solid waste system").
1.5 The termination of the City solid waste system was
premised on the availability of a company to begin immediately
the collection of solid waste, and disposal of solid waste at
other than Kent Highlands landfill. The Rabanco Companies, a
Washington general partnership, d/b/a Kent Disposal Company
("Kent Disposal"), and other collection companies represented
their availability to serve areas of the City based on previous
authority granted by the Washington Utilities and Transportation
Commission ("WUTC").
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1.6 In October 1986, the City removed the solid waste
system from the City of Kent system of sewerage.
(Ordinance 2665). The City also adopted Kent City Code ("KCC")
7.02.200 providing for discontinuance of the solid waste utility
effective January 1, 1987. (Ordinance 2671, S 1). The City
reserved specifically the right to reestablish the solid waste
utility, and provided that no vested rights were created by the
City's action. (Ordinance 2671, §§ 2 and 3).
1.7 In December 1986, Chapter 7.08 KCC was amended to
authorize solid waste collection by collection companies as
authorized by the WUTC pursuant to Chapter 81.77 RCW. Again,
the City reserved the right to reestablish its solid waste
system and provided that no vested rights were created by its
action. (Ordinance 2689, § 2 and 3). Ordinance 2689 and
Chapter 7.08 KCC established certain minimum local public
health, safety and welfare regulation of collection company
operations within the City, including Fall and Spring cleanups,
Christmas tree pickup, solid waste collection at public parks
and facilities, and senior citizen rates.
1.8 Collection companies were clearly aware of the City's
continuing right to exercise its police power and reestablish
its solid waste system, and that termination of the system
established no rights in collection companies to continuing
operation within the City.
1.9 Following January 1, 1987, Kent Disposal has provided
approximately 96 percent of residential solid waste collection
and approximately 50 percent of commercial and other solid waste
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collection in the City. RST Disposal Company, Inc., a
Washington corporation d/b/a Tri-Star Disposal ("Tri-Star"), has
provided approximately 4 percent of residential solid waste
collection and approximately 50 percent of commercial and other
solid waste collection in the City.
1.10 The WUTC has considered the applications of Kent
Disposal and Tri-Star to serve as solid waste collection
companies within the City of Kent. On September 27, 1988 the
WUTC was advised of the policy and position of the City of Kent,
that both commercial and residential customers within the City
would suffer if they lost the services of either company. The
overlap of service and the competition created thereby has been
extremely beneficial to the City of Kent and all of its
residents. The loss of either service, therefore, would be
detrimental. The WUTC was urged to preserve the status quo by
permitting both companies to operate throughout the City.
1.11 On October 31, 1988, the City and Kent Disposal entered
into a WASTE REDUCTION AND COLLECTION OF SOURCE SEPARATED
RECYCLABLE MATERIALS CONTRACT, providing an extensive program
throughout the City for waste reduction, and collection and
distribution of recyclable materials.
1.12 By Order M.V.G. No. 1402 (July 28, 1989) the WUTC has
granted the application of Tri-Star to serve all of the City,
and has denied the application of Kent Disposal to serve other
than a limited area of the City. In its Order the WUTC has, in
part, criticized collection company compliance with City
Ordinance 2689 and has challenged the authority for or
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enforceability of local regulation by the City of solid waste
collection. The WUTC has further determined not to consider the
position of the City regarding solid waste collection service,
or that the position of the City would affect its decision.
1.13 In Chapter 431, Laws of 1989, and RCW 70.95.010, the
State finds specifically that it is the responsibility of county
and city governments to assume primary responsibility for solid
waste management and to develop and implement aggressive and
effective waste reduction and source separation strategies.
Chapter 431, Laws of 1989, and Chapter 81.77 RCW continues to
provide that the WUTC regulation of solid waste collection
companies shall not apply to the operations of any solid waste
collection company under a contract of solid waste disposal with
the City, nor to the City's undertaking of solid waste disposal.
1.14 The implementation of the WUTC order would cause great
disruption to the safe, effective and sanitary provision of
solid waste handling within the City of Kent, and impair the
current and continuing efforts of the City toward waste
reduction, source separation and recycling.
1.15 By this Ordinance the City reestablishes a system of
solid waste collection and disposal, consistent with
RCW 35.21.120 and Chapter 35.67 RCW. Kent Disposal and Tri-Star
are authorized, under temporary, non-exclusive, non -franchise
authority granted by this Ordinance, to continue existing
service at current rates throughout the City of Kent.
Section 2. KCC 7.02.200 be and the same is hereby repealed.
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Section 3. KCC 7.08.010 is amended as follows:
7.08.010. DEFINITIONS. As used in this Chapter, the
following definitions apply:
A. "Collection company" means the persons, firms or
corporations or combination thereof ((eeFti ied—by—the
Lelashi note Utilities an .}-r-anc t on C nig c���n�
v y J~ and ��� r��C�lf1p C.l1'0 M"'i �� �!.'ll�Vir9sa�CS�'
ehaptef-81.7-7 R GW t e-ee g a- a -i r� 1 ---he -hu-si-Ress efepeF-a t i n g as bet h
-a garbage and re -ase collection company-)) operating under a
contract of solid waste disposal with, or under the direction
of, the City, including an authorized contractor for the
collection of recyclable materials under this Chapter.
B. "Detachable container" means any garbage container
compatible with the collection company's equipment that is not a
garbage can, garbage unit, or mobile toter.
C. "Director" means the Director of the Public Works
Department.
D. "Garbage" means all accumulations of refuse,
swill, and other waste matter not intended for recycling or
reuse and discharged 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 scraps of
wooden crates and boxes; but shall exclude large trees, earth,
sand, gravel, rock, broken concrete, plaster, brick and other
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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 term "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. "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 study handles, one on each side, and a tight cover
equipped with a handle.
F. "Garbage units" mean secure and tight bundles,
none of which shall exceed three feet in the longest dimension
and shall not exceed seventy-five pounds in weight. Garbage
units may also mean small discarded boxes, barrels or bags, or
in securely tight cartons or other receptacles not intended for
recycling under this Chapter and able to be reasonably handled
and loaded by one person onto a collection vehicle.
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"Mobile toter" means a movable container which
holds at least eighty-five gallons or one hundred eighty pounds
of garbage, with a hinged -lid with a 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.
I. "Recycle container" means designated 90 gallon
mobile toters in which recyclable materials can be stored and
later placed at curbside, alleyside, 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
generated 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
non-ferrous cans, plastic materials, mixed paper, and cardboard
accumulated and intended for recycling or reuse and collection
by a collection company or authorized contractor. This term
excludes all dangerous wastes and hazardous wastes defined in
RCW 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 by a City authorized collection company or contractor
shall remain the responsibility and ownership of participants
until such materials as contained in designated recycle
containers are placed out for collection for the authorized
contractor. Such materials then become the responsibility and
property of the collection company or authorized contractor
subject to the right of the participant to claim lost property
of value.
K. "Solid Waste" shall be as defined by RCW 70.95.030
and WAC 173-304-100(73), and includes refuse with the exception
of sludge from waste water treatment plants and septage, from
septic tanks, extremely hazardous waste, hazardous waste,
dangerous waste, and problem wastes as defined in WAC 173-303
and 173-204, and RCW 70.105 and 70.105A.
((L. means the Washingten Utilities anel
Section 4. KCC 7.08.020 is amended as follows:
7.08.020. GARBAGE COLLECTION BY COLLECTION COMPANY.
A. Garbage collections shall be made by garbage and
refuse collection companies as authorized by the ((Wash ngte
Chapter- 81.'- T --R ) ) City.
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B. It shall be unlawful for any person, other than
those duly authorized by the ((i3)) City 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 may 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 is paid for by the
residential customer.
D. Garbage and Refuse Collection - Business License
Required. To provide for the public health, safety and general
welfare, collection companies 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
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county laws and regulations pertaining 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, following consultation with
collection companies, for the implementation of this subsection.
4. Provide service to public buildings and
facilities, a s ((-Ret forth in € t as# e t A to QrdiH-;Ree—i�-8-9-) )
designated by the Director. Upon consultation with collection
companies, the Director of Public Works 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 7.08.020B, above, or other fees related to solid
waste handling established by the City; PROVIDED, however, that
this subsection 7.08.020E shall not be construed as a waiver of
the utility tax imposed by Chapter 3.04 KCC.
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Section 5. KCC 7.08.200 is amended to read as follows:
7.08.200. KING COUNTY SYSTEM DESIGNATED.
A. All solid waste generated within the corporate
limits of the City of Kent shall be disposed at a King County
Solid Waste Disposal Facility.
B. King County is authorized to designate disposal
sites for the disposal of all solid waste generated within the
City of Kent.
C. No solid waste may be diverted from the disposal
sites designated by King County without King County approval.
D. The provisions of this Section 7.08.200 shall not
apply, and shall not affect, the disposal of solid waste which
is eliminated through waste reduction or waste recycling
activities which have been coordinated with King County pursuant
to the AGREEMENT BETWEEN KING COUNTY AND THE CITY OF KENT
CONCERNING USE OF KING COUNTY SOLID WASTE DISPOSAL FACILITIES.
E. King County regulations or ordinances regarding
levels and types of service for any aspect of solid wash
handling shall not apply within the limits of the City except as
Provided in this Chapter.
Section 6. Current Service and Rates Maintained.
Collection companies operating within the City prior to
August 22, 1989 shall have the right to continue to operate in
the City, (a) until such time as the City gives ninety (90) days
notice of cancellation of this continued right to operate within
the City, or (b) under contract with the City for a term
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specified in such a contract. Collection companies providing
solid waste collection and handling services within the City of
Kent shall be subject to and under the direction of the Director
of Public Works, and rates shall not be charged in excess of
rates in effect on August 22, 1989 until otherwise approved by
the City.
Section 7. Contracts Authorized. Contracts, substantially
in the form attached hereto, are hereby authorized to be
executed by the Mayor for and on behalf of the City.
Section 8. Any act consistent with the authority and prior
to the effective date of this Ordinance is hereby ratified and
confirmed.
Section 9. Declaration of Emergency - Effective Date. In
accordance with RCW 35A.11.090, this Ordinance is necessary for
the immediate preservation of public peace, health, and safety
and for the support of City government and its existing public
institutions, and by reason of the facts above stated and the
emergency which is hereby declared to exist, this Ordinance
shall become effective immediately upon the approval or signing
of the same by the Mayor or passage over his veto, as provided
by law. o
DAN KELLEHER, Mayor
ATTEST:
BREaliA JAGOBERLll$ PUTY CITY CLERK
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APPROVED AS TO FORM:
FOSTER PEPPER & SHEFELMAN
l
SpecialAssistant Ci y Attorneys
Passed the�---,Z- day of 6�2"� 1989.
Approved they_ day of tx- 1989.
Published the -3/ day of 1989.
I certifythat this is a true copy py of Ordinance No . ` w �1-
passed by the City Council of the City of Kent, Washington, and
approved by the Mayor of the City of Kent as hereon indicated.
/<�� -40- Cz�L-�.(SEAL)
BRENDA. JACOB , DFPUTY CITY CLERK
MUN-7
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