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HomeMy WebLinkAboutORD 5133CITY OF RENTON,WASHINGTON ORDINANCE NO.5133 Amends ORDs 4238,4414, 4418,4426,4460, 4723, 4856,4932 Amended by Ords:5355, 5372 AN ORDINANCE OF THE CITY OF RENTON,WASHINGTON, AMENDING CHAPTER 8-1,GARBAGE,OF TITLE vm (HEALTH AND SANITATION)OF ORDINANCE NO.4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON,WASHINGTON" BY REVISING DEFINITIONS,UNLAWFUL ACTS,AND PENALTIES, AND REVISING THE PROCEDURES FOR HANDLING THE ACCUMULATION,STORAGE,COLLECTION,AND DISPOSAL OF GARBAGE,SOLID WASTE,RECYCLABLES,AND YARD WASTE,AND REVISING THE DECLARATION OF PUBLIC NUISANCE FOR VIOLATIONS OF CHAPTER 8-1 AND DECLARING AN EMERGENCY. THE CITY COUNCIL OF THE CITY OF RENTON,WASHINGTON,DOES ORDAIN AS FOLLOWS: SECTIONL Chapter 8-1,Garbage,of Title VIII (Health and Sanitation)of Ordinance No.4260 entitled "Code ofGeneral Ordinances ofthe City ofRenton,Washington"is hereby amended to read as follows: CHAPTER 1 GARBAGE SECTION: 8-1-1:~rpose 8-1-2:Definitions 8-1-3:Garbage,Recyclables,and Solid Waste Collection 8-1-4:Unlawful Storage,Deposit,Disposal,Scavenging,and Hauling of Solid Waste 8-1-5:Supervision 8-1-6:Violations ofthis Chapter Declared a ~blic Nuisance 8-1-7:Violations ofthis Chapter and Penalties 8-1-8:Schedule of Collection I ORDINANCE NO.5133 8-1-9:Billings and Collections;Lien and Enforcement 8-1-10:Rates for Services 8-1-11 :Adoption by Reference 8-1-12:Severability 8-1-1 PURPOSE: It is the purpose of this Chapter to further the maintenance of health,sanitation,safety and public welfare by making the collection,disposal and removal of solid waste within the City compulsory and universal.The provisions of this Chapter shall be liberally construed for the accomplishment of that purpose.Collection of recyclables and yard waste shall be voluntary. 8-1-2 DEFINITIONS: ADJACENT:Lying next or near to or so close together that objects are not widely separated, although they mayor may not touch. ALLEY:A public or private way giving access to the rear of lots or buildings. ANCILLARY DISPOSAL PROVIDER:A licensed person or business that offers delivery, maintenance or clean-up services that,by their nature,include a disposal function.Ancillary disposal providers must provide a legitimate service other than garbage collection and disposal services equivalent to those provided by a City contracted collection contractor.Examples of ancillary disposal providers include,but are not limited to licensed businesses that deliver new appliances,carpets or other furnishings and remove and dispose of the replaced item;licensed contractors that self-haul construction,demolition and land clearing waste that they produce during the course of their regular business activities;and licensed clean-up services that include a container or truck loading function in addition to hauling and disposal. 2 ORDINANCE NO.5133 ASHES:The solid residue left over when combustible material is burned or is oxidized by chemical means including but not limited to the residue from coal,wood and any other combustible materials or fuels. BULKY WASTE:Large items of solid waste,including but not limited to items such as furniture;large household appliances,including but not limited to refrigerators,freezers,ovens, ranges,stoves,dishwashers,water heaters,washing machines,or clothes dryers;junk:vehicles, vehicle hulks or any parts thereof as defined in RMC 6-1-1,as now worded or hereafter amended;and any other oversized solid wastes which would typically not fit into or be permitted for collection as garbage in garbage cans. CDL:Solid waste generated from construction,demolition and land clearing. CLINKER:A brick that has burned too much in a kiln or stony matter fused together by combustion or chemical reaction. COLLECTION CONTRACTOR:That entity holding a valid current contract with the City to collect and dispose of municipal solid waste and/or collect,process and market recyclable and/or yard waste materials. COLLECTION POINT:In multi-family residences,commercial,industrial and other nonresidential developments,the exterior location designated for garbage and recyclables collection by the City's contractor or other authorized haulers. COMMERCIAL CUSTOMER:Any business,institution,industrial site or multi-family residence within the City. COMPOST:A process of creating humus for mulch to fertilize and condition land by combining a mixture consisting of decaying or decayed organic matter in a pile or receptacle.Such organic matter includes,but is not limited to grass clippings,plant material,leaves,pine needles,wood 3 ORDINANCE NO.5133 chips,wood ashes,kitchen refuse including melon rinds,potato peelings,carrot peelings,tea bags,apple peelings and cores,banana peels,egg shells,or other vegetable or fruit matter. CURBSIDE:On the owner's property,within ten feet (10')ofthe public street without blocking sidewalks,driveways or on-street parking.For households currently receiving garbage pickup in an alley accessible by collection vehicles,"curbside"can be considered to be in the current alley location and within ten feet (10')ofthe edge ofthe alley.Ifextraordinary circumstances preclude such a location,curbside shall be considered a placement suitable to the resident and convenient to the collection contractor's equipment and approved by the City. DETACHABLE CONTAINER:A watertight,all metal container,compatible with the collection contractor's equipment,not less than one cubic yard nor greater than eight cubic yards in capacity and equipped with a tight-fitting cover.The contents of detachable containers are typically unloaded into a collection vehicle at the customer's site. DROP-BOX CONTAINER:An all-metal container with ten cubic yard or more capacity that is loaded onto a collection contractor's vehicle,transported to a disposal site,emptied and transported back to the customer's site. DUPLEX:A residence containing two (2)dwelling units.Each dwelling unit will be charged the single-family residential rate for collection. ELIGmLE HOUSEHOLD: A.Multi-Family Program:A residence containing three (3)or more dwelling units and receiving commercial garbage pickup services. B.Residential Curbside Program:A residence containing not more than two (2) dwelling units and in which each unit receives individual garbage collection services. 4 ORDINANCE NO.5133 EXTRA GARBAGE UNIT:A garbage unit in addition to the number of garbage cans or garbage units to which the customer has subscribed. GARBAGE:This term shall be included within the definition of solid waste but shall not include all solid waste.Garbage shall exclude bulky waste,special waste,hazardous waste,construction, demolition,and land clearing waste,junk vehicles,vehicle hulks or parts thereof as defined in RMC 6-1-1,as now worded or hereafter amended,recyclable materials and yard waste,sewage, sludge or septage. GARBAGE CAN:A City approved container fabricated of material of similar size and weight to a container that is a watertight,galvanized sheet metal or plastic container not exceeding four (4) cubic feet or thirty two (32)gallons in capacity,weighing not over fifteen (15)pounds when empty or sixty-five (65)pounds when full;fitted with two (2)sturdy handles,one on each side, and a tight cover equipped with a handle;such can shall be rodent and insect-proof and be kept in a sanitary condition at all times. GARBAGE CART:A City approved,collection container contractor owned and provided by the contractor for the purpose of collecting garbage. GARBAGE DISPOSAL SITE OR DISPOSAL SITE:The areas owned,leased,or controlled by the King County Solid Waste Division,for the disposal ofgarbage or solid waste,or such other site as may be approved by the City and any other governmental agency having jurisdiction thereover. GARBAGE UNIT:Secure and tight bundles,none ofwhich shall exceed three feet (3')in the longest dimension,and shall not exceed sixty five (65)pounds in weight or such "garbage unit" may be packed in small discarded boxes,barrels or bags,or in securely tight cartons or other 5 ORDINANCE NO.5133 receptacles reasonably easy to be handled and loaded by one person onto a collection contractor's vehicle.A garbage can may be a garbage unit. HAZARDOUS WASTE:Any wastes included in the State ofWashington,Department of Ecology Dangerous Waste Regulations,Chapter 173-303 WAC. MINI-CAN:A City-approved container that is a watertight,galvanized sheet-metal or plastic container not exceeding ten (10)gallons in capacity or twenty-five (25)pounds in weight when full,fitted with a tight cover equipped with a handle. MINIMUM SERVICE LEVEL:A single-family residential,multifamily residential or commercial service at a 1Q-gallon garbage can rate,or at adequate service as determined by the PlanninglBuildingfPublic Works Administrator.The average weekly size and frequency of garbage service for a particular customer shall be determined by the Solid Waste Coordinator as the adequate service necessary to meet health standards ofthe Seattle-King County Health Department. MODERATE RISK WASTE:Any waste that exhibits any ofthe properties of dangerous waste but is exempt from regulation under RCW 70.102 solely because the waste is generated in quantities below the threshold for regulation and any household wastes that are generated from the disposal of substances identified by the department as hazardous household substances. MULTI-F AMIL Y RESIDENCE:A structure containing three (3)or more dwelling units.All multi-family residences shall be considered a commercial customer for charging of garbage rates. PERSON:Every person,firm,partnership;business,association,institution or corporation in the City accumulating garbage requiring disposal.The term shall also mean the occupant and/or the owner ofthe premises for which service herein mentioned is rendered. 6 ORDINANCE NO.5133 PLANNING/BUILDINGfPUBLIC WORKS ADMINISTRATOR:The official of the City holding that office,or the designated representative. RECYCLABLES:Newspaper,uncoated mixed paper,aluminum,glass and metal,food and beverage containers,polyethylene terepthalate (PET #1)plastic bottles,high density polyethylene (HDPE #2)plastic bottles,and such other materials that the City and collection contractor determine to be recyclable. RECYCLING BINS:A container provided by the City or collection contractor for the purpose of collecting recyclables. RECYCLING CART:A 32,65,or 90 gallon wheeled co.ntainer with a tight-fitting lid,provided by the City or collection contractor,for the purpose of collecting recyclables. RECYCLABLES DEPOSIT AREA:In multi-family residences,commercial,industrial and other nonresidential developments,the area(s)where recyclables will be stored. RESIDENCE:A building or portion thereof containing not more than two (2)dwelling units. RESIDENTIAL CUSTOMER:Those customers residing in single-family units and duplexes. SINGLE-FAMILY RESIDENCE:A residence containing not more than two dwelling units. Duplexes are considered Single-Family Residences. SOLID WASTE:All putrescible and nonputrescible solid and semi-solid waste including,but not limited to garbage,rubbish,swill,refuse,trash,debris,ashes,clinkers,bulky waste, construction,demolition and land clearing waste,junk vehicles,vehicle hulks or parts thereof as defined in RMC 6-1-1,as now worded or hereafter amended,recyclable materials and yard waste,but excluding special or hazardous waste,sewage,sludge or septage. SOLID WASTE HANDLING:The management,storage,collection,transportation,treatment, utilization,processing and final disposal of solid waste,including the recovery and recycling of 7 ORDINANCE NO.5133 materials from solid waste,the recovery of energy sources from solid waste or the conversion of the energy in solid waste to more useful forms or combinations thereof:and the ownership or operation of a transfer station. SOLID WASTE UTILITY:That enterprise fund ofthe City managing the financial and administrative responsibilities for solid waste collection and disposal. SOLID WASTE COORDINATOR:The official ofthe City holding that office,or the designated representative. SPECIAL WASTE: A Chemical waste from a laboratory.(This is limited to discarded containers of laboratory chemicals,lab equipment,lab clothing,debris from lab spills or cleanup and floor sweeping.) B.Articles,equipment and clothing containing or contaminated with polychlorinated biphenyls (PCB's).(Examples are:PCB capacitors or transformers,gloves or aprons from draining operations,empty drams that formerly held PCB's,etc.) C."Empty"containers ofwaste commercial products or chemicals.(This applies to a portable container which has been emptied,but which may hold residuals ofthe product or chemical.Examples of containers are:portable tanks,drums,barrels,cans,bags,liners,etc.A container shall be determined "empty'according to the criteria specified at 40 C.F.R.261.7.) D.Asbestos containing waste from building demolition or cleaning.(This applies to asbestos-bearing waste insulation materials,such as wallboard,wall spray coverings,pipe insulation,flooring tiles,siding,etc.) E.Commercial products or chemicals,off-specification,outdated,contaminated or banned.(This also includes products voluntarily removed from the marketplace by a 8 ORDINANCE NO.5133 manufacturer or distributor in response to allegations of adverse health effects associated with product use.) F.Residue and debris from cleanup of spills or releases of a single chemical substance or commercial product,or a single waste which would otherwise qualify as a miscellaneous special waste. G.Medical or infectious by-product waste from a medical or dental practitioner, individual(s),hospital,nursing home,medical testing laboratory,mortuary,taxidermist, veterinarian,veterinary hospital or animal testing laboratory,including but not limited to discarded needles or other "sharps." R Animal waste and parts from slaughterhouses or rendering plants. I.Pumpings from septic tanks used exclusively by dwelling units.(Single-family units,duplexes,apartment buildings,hotels or motels.) J.Sludge from a publicly owned sewage treatment plant serving primarily domestic users (i.e.,with no substantial industrial or chemical influent). K.Grease trap wastes from restaurants or cafeterias not located at industrial facilities. L.Washwater wastes from commercial car washes.(Note:this does not include facilities used for washing the exterior of bulk chemical or waste tank trucks,or for washing out the interior of any truck.) M.Washwater wastes from commercial laundries or laundromats. N.Chemical containing equipment removed from service.(Example:cathode ray tubes,batteries,fluorescent light tubes,compact fluorescent lights,computer monitors, televisions,etc.) 9 ORDINANCE NO.5133 O.Waste produced from the demolition or dismantling of industrial process equipment or facilities contaminated with chemicals from the process. P.Closed cartridge filters from dry-cleaning establishments.(Such filters being used to filter used dry-cleaning fluids or solids.) STREET:A public or private way,other than "alleys",used for public travel. SUNKEN CAN:Garbage cans which are in a sunken covered receptacle specifically designed to contain garbage cans and where the top of the garbage can is approximately at ground level. WASTE STREAM:The collection and disposal of solid waste and recyclable materials, excluding bulky waste,special waste,hazardous waste,construction,demolition and land clearing waste,junk vehicles,vehicle hulks or parts thereof as defined in RMC 6-1-1,as now worded or hereafter amended,sewage,sludge or septage. YARD WASTES:Includes leaves,grass,pruning and clippings of woody as well as fleshy plants.Materials larger than two inches (2")in diameter and four feet (4')in length shall not be considered yard waste. Christmas trees will be eligible for collection as yard waste;provided that they have been cut into lengths of 4 feet or less and bundled,before being placed for collection. YARD WASTE CART:A City approved container at curbside or other approved point for the purpose of collecting yard wastes. 8-1-3 GARBAGE,RECYCLABLES,AND SOLID WASTE COLLECTIONS: A.Accumulation of Waste:All persons accumulating garbage in the City shall place and accumulate the same in garbage cans,garbage units or detachable containers.Recyclables may also be accumulated in recycling bins or recycling carts,and yard waste may also be accumulated in yard waste carts. 10 ORDINANCE NO.5133 B.Collection of Garbage Required:Garbage collection shall be made by collection contractors as authorized by the City.All persons and properties within the City shall use the garbage collection system and service ofthe utility and collection contractor(s)ofthe City. C.Placement and Removal of Garbage Cans,Recycling Bins and Yard Waste Carts:Any single family residence accumulating garbage,recyclables,and yard waste shall place their materials for collection at the curbside no earlier than 24 hours prior to their collection day. Likewise,all garbage cans,recycling bins and yard waste carts must be removed from the curbside within 24 hours of being collected and returned to a location adjacent to the residential structure or within a fully enclosed building or garage. D.Minimum Service Level:All persons and occupied property shall be subject to and responsible for the minimum servi~level and associated charges for service for residential and commercial garbage collection as applicable,whether or not such persons use the service.The Solid Waste Coordinator may,upon a showing that a person or property produces no garbage and recyclable materials,waive the minimum service level requirements ofthis section. E.Collection ofResidential and Multi-Family Recyclables:Any person may collect residential and multi-family recyclables.However,once recyclables are placed at the curbside or other approved point ofcollection,then residential and multi-family recyclables may be collected only by the City's collection contractor. F.Collection ofResidential Yard Waste:Any person may collect residential yard waste. However,once residential yard waste is placed at the curbside or other approved point of collection,then residential yard waste may be collected only by the City's collection contractor. G.Weight of Cans and Collection Access:No garbage can when filled shall weigh more than sixty-five (65)pounds but shall be so packed that the contents thereof will dump out readily 11 ORDINANCE NO.5133 when it is inverted.For residential customers,all garbage cans,recycling bins and yard waste carts shall be placed at curbside ofthe alley,street or road at which collection trucks are to be loaded.A residence located in an area that does not allow safe access,tum-around,or clearance for service vehicles or on a private drive will be provided service if materials are set out adjacent to a public street or private road or a location agreed to by the Solid Waste Coordinator and the City's collection contractor. H.Special Pickup Services:Special pickup services will be provided when authorized by the City,to those single-family residences and duplexes where there are handicapped or elderly people who cannot move their garbage cans,recycling bins,or yard waste carts to the curb. Single-family units and duplexes which are geographically located so as to make moving containers to the curb an unreasonable physical hardship must apply to the City for the special collection service and submit documentation to justify their applica~ion.Residences which qualify for this service will be determined by the Solid Waste Coordinator based upon submitted documentation.Special pickup services shall be from a convenient location,but such location shall be approved by both the City and the contractor. 1.Number ofCans;Condition:Sufficient garbage cans must be provided for the collection ofall garbage as defined in this Chapter.All garbage cans,detachable containers,recycling bins or yard waste carts shall be kept tightly covered and in good and sanitary condition for garbage and recyclables storage and handling,and garbage cans,detachable containers,recycling bins,or yard waste carts which leak or have jagged edges or holes shall not be used.The Solid Waste Coordinator,independently or at the request ofthe City's collection contractor,shall determine whether or not the condition of any garbage can,detachable container,drop box,recycling bin, or yard waste cart is satisfactory for use. 12 ORDINANCE NO.5133 1.Commercial and Industrial:Subject to the approval ofthe City,agreement will be reached between the City's collection contractor and commercial and industrial customers concerning security,location of detachable containers,frequency of removal,and receipts for removal. K.Requirements for Garbage,Solid Waste and Recyclables Deposit Areas and Collection Point shall be designed and located as required by RMC 4-4-090 and this Chapter. L.Solid Waste Disposal System Designation:The County disposal system is designated for the disposal of all solid waste,including moderate risk waste generated and/or collected within the corporate limits ofthe City,and the County is authorized to designate disposal sites for the disposal of all solid waste,including moderate risk waste generated or collected within the corporate limits ofthe City,except for solid waste that is eliminated through waste reduction and/or waste recycling activities consistent with the County's Comprehensive Solid Waste Management PIan.No solid waste generated or collected within the City shall be diverted from the designated disposal sites without County approval. 1.The following facilities,which are owned and operated by vendors with which the County has contracts for construction,demolition and land clearing waste (hereinafter referred to as "CDL waste")handling or alternative facilities as the County may designate are hereby designated as the CDL receiving facilities for all nonrecyclable CDL waste generated within the corporate limits ofthe City. Rabanco Disposal Company Facilities: a.Rabanco Recycling and Waste Reduction Center,2733 Third Avenue South,Seattle. 13 ORDINANCE NO.5133 b.Regional Disposal Company Black River Transfer and Recycling Facility, Monster Road,Renton. c.Such other facilities as hereafter may be designated by the County. 2.All generators,handlers and collectors ofCDL Waste shall deliver or ensure delivery of all nonrecyclable CDL waste generated within the corporate limits ofthe City to a designated CDL receiving facility or to a back-up facility designated by the County. 3.Recyclable CDL waste may be transported to any CDL recycling facility or to a recycling market within or outside ofthe City provided it contains CDL waste in amounts not exceeding ten percent (100.10)oftotal weight per load. 4.Mixed CDL waste shall be taken only to a designated CDL receiving facility, back-up facility or CDL recycling facility located in the County to the extent pennitted by applicable law;provided,that if mixed COL waste is taken to a CDL receiving facility,all residual CDL waste must be taken to a designated CDL receiving facility or back-up facility designated by the County. M.Restrictions:Garbage shall be collected and hauled through the streets ofthe City only by the City's collection contractor or a person authorized to collect and haul garbage under RCW 35.13.280 (Franchise)or holding a valid permit from the Utilities and Transportation Commission,except that a person within the City may occasionally self-haul garbage and recyclables from his or her property to an approved collection or disposal site."Occasionally" shall not mean on a regular or scheduled basis,or for the purpose of avoiding paying an increased rate for service under RMC 8-1-10 for regular collection service.A minimum level of service shall be charged for each customer within the City without regard to any self-hauling of garbage and recyclables,as provided in RMC 8-1-3.D. 14 ORDINANCE NO.5133 8-1-4 UNLAWFUL STORAGE,DEPOSIT,DISPOSAL,SCAVENGING,AND HAULING OF SOLID WASTE: A.Unlawful Hauling of Garbage and Recyclables:It shall be unlawful for any person other than the City's collection contractor,or any other person authorized by the City to collect,haul, dump or dispose of garbage and recyclables within the City,except as provided in RMC 8-1- 3.M. B.Unlawful Hauling of Special or Hazardous Waste:It shall be unlawful for any person other than the City's collection contractor or any other person authorized by the City,state or county to collect,haul,dump or dispose of special or hazardous waste within the City. C.Unlawful Storage of Garbage and Recyclables:It shall be unlawful for any person to deposit,throw,dump,store,maintain,retain,keep or place garbage,recyclables or yard waste on private or public real property in the City,except in a garbage can or unit,recycling bin or yard waste cart for the purpose of storing such garbage,recyclables or yard waste until the next regular collection date by the City's collection contractor or any other person authorized by the City to collect garbage or recyclables.This subsection shall not apply to yard waste in compost piles or receptacles so long as they are properly maintained free of all vectors and any odors traveling off-premises.Further,this subsection shall not apply to any business licensed to collect and store garbage and recyclables when done in an area zoned for the collection or disposal of garbage or recyclables. D.Unlawful Deposit of Garbage or Recyclables:It shall be unlawful to deposit,throw, dump,dispose or place any garbage,recyclables,or yard waste in any lane,alley,street,road or other public way or place in the City,except for the purpose of depositing such garbage, recyclables or yard waste at curbside in an approved container or containers for the next regular 15 ORDINANCE NO.5133 collection by the City's collection contractor or any other person authorized by the City to collect garbage or recyclables.It shall also be unlawful to deposit,throw,dump or place any garbage, recyclables or yard waste on private property owned by another person in the City,without the consent ofthe landowner or person in possession or control ofthe real property. E.Unlawful Storage ofBulky Waste:It shall be unlawful for any person in the City to store,maintain,keep,retain,dump or accumulate bulky waste on private real property in the City,except for any licensed ancillary disposal provider or licensed business in connection with bulky waste collection or disposal in an area zoned for the collection or disposal of bulky waste. F.Unlawful Deposit ofBulky Waste:It shall be unlawful to deposit,throw,dump or place any bulky waste in any lane,alley,street,road or other public way or place in the City,except for bulky waste collection by the City's collection contractor or any other person authorized by the City to collect bulky waste or a licensed ancillary disposal provider pursuant to a City permit. It shall also be unlawful to deposit,throw,dump or place any bulky waste on private real property owned by another person in the City,without the consent ofthe landowner or person in possession or control ofthe real property. G.Unlawful Storage or Deposit of Special or Hazardous Waste:It shall be unlawful for any person in the City to store,maintain,keep,deposit,retain,dump or accumulate special or hazardous waste on private or public real property in the City.Any special or hazardous waste generated in the City shall be collected and disposed of in accordance with all federal,state, county,and local statutes,ordinances,rules and regulations,by a solid waste collection contractor licensed for such collection and disposal and stored and disposed of in an area zoned for the storage or disposal of special or hazardous waste. 16 ORDINANCE NO.5133 H.Unlawful Deposit or Disposal into the Waste Stream of Special or Hazardous Waste:It shall be unlawful to deposit,throw,dump or place any special or hazardous waste into the waste stream in garbage cans or units,recycling bins or yard waste carts for regular garbage or recyclables collection,or to dispose of special or hazardous waste in a transfer station,recycling station or otherwise in the City,except in accordance with federal,state or county statutes or ordinances and in the manner approved by the state Department of Ecology or its successor,and by a person licensed by law for collection,transfer and disposal of special or hazardous wastes. I.Unlawful Deposit or Storage ofCDL:It shall be unlawful to deposit,throw,dump,place or store any CDL on private or public real property in the City,except for any licensed ancillary disposal provider or business in connection with CDL collection or disposal at a faCility zoned for and designated for receiving disposal of CDL. 1.Unlawful Use of Garbage Cans or Units,Dumpsters,Recycling Bins or Yard Waste Carts:It shall be unlawful to place,deposit or throw garbage,recyclables or yard waste in the garbage can or unit,detachable container,dumpster,recycling bin or yard waste cart that is owned,leased or rented by another person,without the consent of the person paying for the collection service. K.Unlawful Placement and Removal of Garbage Cans,Recycling Bins and Yard Waste Carts:It shall be unlawful for a person residing in a single family residence to place garbage, recyclables,or yard waste at the curbside for collection by the City's collection contractor,more than 24 hours prior to the regular collection date for his or her single family residence.It shall also be unlawful for a person residing in a single family residence to leave garbage cans, recycling bins or yard waste carts at the curbside more than 24 hours after collection by the City's collection contractor.Further,it shall be unlawful for a person residing in a single family 17 ORDINANCE NO.5133 residence to maintain,place or store any garbage cans,recycling bins or yard waste carts at a location other than adjacent to the residential structure or within a fully enclosed building or garage. L.Unlawful Placement and Removal ofGarbage Cans,Recycling Bins and Yard Waste Carts in Business Areas:It shall be unlawful for any person accumulating garbage,recyclables, and yard waste in the Center Downtown Zone,Center Neighborhood Zone or Center Suburban Zone,as set forth in RMC 4-2-020,whose location requires the placing ofgarbage cans or units, recycling bins or yard waste carts on sidewalks or alleys for collection,to place garbage cans or units,recycling bins or yard waste carts on sidewalks or alleys earlier than 5:00 p.m.It shall also be unlawful for any person who owns,leases or rents any garbage can or unit,recycling bins or yard waste carts in the zones referenced above to fail to remove their garbage,recycling and yard waste containers from sidewalks or alleys by 9:30 a.m.following collection ofthe garbage, recyclables or yard waste,except that if collection has not occurred by the City's collection contractor,then the garbage cans or units,recycling bins or yard waste carts shall be immediately removed following collection. M.Unlawful Deposit of Burning Material,Hot Ashes or Hot Clinkers for Collection:It shall be unlawful to deposit,throw,dump,or place burning material,incendiary hot ashes,hot clinkers or any other material or solid waste sufficiently hot to create combustion when the same come in contact with any garbage,into any garbage can or unit,recycling bin or yard waste cart for collection by the City's collection contractor. N.Unlawful Scavenging:Once any garbage,recyclables or yard waste have been set out on the curbside for collection,or at such other location as authorized by the City,ownership ofthe garbage,recyclables and yard waste passes to the City's collection contractor.It shall be 18 ORDINANCE NO.5133 unlawful for any person,other than the City's collection contractor,to remove or collect any garbage,recyclables,or yard waste once it has been set out on the curbside or other approved location for collection. 8-1-5 SUPERVISION: The Planning/Building/Public Works Administrator of the City,or the Administrator's duly authorized representative,is hereby authorized and directed to supervise the collection and disposal of all garbage,recyclables,and yard waste as herein defined. 8-1-6 VIOLAnONS OF THIS CHAPTER DECLARED A PUBLIC NUISANCE: Any person violating any Section or part of this Chapter shall be deemed to have created a public nuisance as defined in RMC 1-3-4,as now worded or hereafter amended,and such public nuisance may be abated in accordance with RMC 1-3-3,as now worded or hereafter amended.Any person creating a public nuisance in violation of this Chapter shall be responsible for removing any unlawful solid waste from the waste stream,including any and all cleanup costs,damages,costs of suit,including attorney's fees and costs for experts incurred to enjoin such violation or removal of the unlawful solid waste from the waste stream,in addition to any remedies allowed pursuant to RMC 1-3-3,as now worded or hereafter amended. 8-1-7 VIOLATIONS OF THIS CHAPTER AND PENALTIES: A person violating any of the provisions of this Chapter shall be guilty of a misdemeanor. Penalties for violations of any of the provisions of this Chapter shall be in accord with RMC 1-3- 1,as now worded or hereafter amended. 8-1-8 SCHEDULE OF COLLECTION: All garbage,recyclables,and yard wastes as herein provided will be collected within the boundaries of the City as follows: 19 ORDINANCE NO.5133 A Regular collections from business firms and commercial enterprises will be made as often as required but shall not exceed one pickup per day,five (5)days per week,Monday through Friday,between the hours of four o'clock (4:00)AM.and four o'clock (4:00)P.M.,unless the City authorizes an extension of such time. B.Regular collections of garbage from single-family units and duplexes shall be made one day per week between the hours of seven o'clock (7:00)AM.and four o'clock (4:00)P.M., Monday through Friday,unless the City authorizes a temporary extension of hours.Regular collection of recyclables from single-family units,duplexes and multi-family residences shall be made one day per week between the hours of seven o'clock (7:00)AM.and four o'clock (4:00) P.M.,unless the City authorizes a temporary extension of hours or more frequent collection. Regular collections of yard waste from residences,except those located in mobile home courts, shall be weekly on the same day per week as regular garbage collection.Mobile home courts .may have collection of yard wastes only upon agreement ofthe City and its collection contractor. C.When a legal holiday falls during the workweek and the contractor does not work on such holiday,Saturday collections will be permitted. 8-1-9 BILLINGS AND COLLECTIONS;LIEN AND ENFORCEMENT: A Billings and Collections: 1.Billings:Unless otherwise specified in any contract between the City and the City's collection contractor,the City shall collect the charges for services rendered hereunder from the person as hereunto defined for whom collection services are furnished and/or the owner ofthe property for which the collection service is rendered.Such billing shall be made monthly or bimonthly and may include charges for other services rendered to the City to such person. 20 ORDINANCE NO.5133 a.All charges for collection services rendered and billed hereunder shall be due and payable to the City within twenty five (25)days from billing date. b.Ifthe charges billed are not paid within the twenty (20)day period from the due date,such charges shall become delinquent.Once the charges become delinquent,there shall be added a late fee often percent (l00tlo)ofthe past due charges but not less than fifty cents ($0.50)to compensate the City for handling the past due account,subsequent billings and any collection action taken. c.Upon such delinquency occurring,and following at least one further billing for the charges,ifthe account is not paid within one hundred twenty (120)days ofthe rendering ofthe initial bill which has become delinquent,the City acting through its Utility billing section,in conjunction with the Solid Waste Coordinator,shall notify the collection contractor to cease all further collections for said account until payment ofaccumulated fees has been made in full.The stoppage of services for nonpayment of collection charges shall be in addition to any and all other rights ofthe City to proceed for the collection ofunpaid charges. d.Following cessation of collection due to nonpayment of charges,the delinquent customer shall be penalized monthly an amount equivalent to the monthly services charged for collection as billed prior to the delinquency. B.Lien and Enforcement:Any such delinquent charges shall become a lien against the property for which the garbage collection service is rendered.A notice ofthe City's lien for garbage collection disposal service specifying the charges,the period covered by the charges, and giving the legal description ofthe premises sought to be charged,shall be filed with the office ofthe King County Auditor within the time required,and shall be foreclosed in the manner and within the time prescribed for liens for labor and material and as otherwise specified 21 ORDINANCE NO.5133 in RCW 35.21.140 et seq.All liens filed pursuant to the aforecited State statute shall be prior to any and all other liens and encumbrances filed subsequent to the filing of such lien with the office ofthe King County Auditor,except the lien for general taxes and local improvement assessments whether levied prior or subsequent thereto.The City shall have the right to claim its collection costs and attorney's fees for foreclosure ofthe lien. C.Responsibility for Charges:The customer receiving collection services shall have a personal obligation to pay charges for said services.This obligation is in addition to the obligations detailed in Sections 8-1-9.A and 8-1-9.B.The City's Solid Waste Utility shall have the absolute authority,except as limited by State laws,to refuse to furnish service to,to discontinue service to,or to refuse to resume services to any applicant or customer on account of their failure to pay delinquent bills owing said utility by such person,whether such bills cover service at the premises sought to be served,or elsewhere within the City. D.Appeal:Prior to the City terminating further collections,the City'S utility billing section shall send a notice to the responsible person or persons that the bill for services is delinquent and ofthe City's intention to terminate service.The person or persons so notified shall have the right, within ten (10)days ofreceipt of such notification,to appeal to the Finance and Information Services Administrator,in writing,the declaration of delinquency and the City's intention to terminate service.The notice shall be deemed received three (3)days following mailing ofthe notice.The Finance and Information Services Administrator's inquiry shall be limited to whether or not a delinquency exists,and whether or not the City should terminate further collection ServIces. 22 ORDINANCE NO.5133 8-1-10 RATES FOR SERVICES: The following schedule is hereby adopted as the monthly charges to be paid to the City for services rendered in each category.These rates shall become effective with billings computed on or after January 1 of the year the budget is adopted. A.Residential Customers: 1.For garbage cans and/or garbage units: 2002 Renton Service Level Mini-can 1 can collected weekly 2 cans collected weekly 3 cans collected weekly 4 cans collected weekly 5 cans collected weekly 6 cans collected weekly Each additional can weekly Extra garbage,up to 15 gallons Return trip charge 64 gallon contractor cart - new 96 gallon contractor cart - new SWU Monthly Rates $6.40 13.44 21.37 28.82 36.75 44.68 52.66 8.00 4.00 per unit 3.00 23.33 31.15 2.Senior and/or disabled customers who qualified under Section 8-4-31.C of this Title for low-income rates are eligible for a one dollar sixty cents ($1.60)fee mini-can service for a seventy-five percent (75%)subsidy,or three dollars eighty-four cents ($3.84)for a forty percent (40%)subsidy.For services other than mini-can,the rate schedule above will apply. 23 ORDINANCE NO.5133 3.Miscellaneous Services:The City of Renton offers miscellaneous services.A trip charge of twenty dollars ($20.00)will be imposed for each pickup.In addition,the following rates per item will be charged: Services Cost per Pickup On-Call Bulky Waste Collection Per Item: Refrigerators/freezers $39.13 Washing machine/clothes dryer 16.91 Stove/range/oven 16.91 Dishwasher 16.91 Water Heater 16.91 Other large appliances 16.91 Sofas/chairs 21.50 Mattresseslbox springs 19.20 The City also offers the rental of a second 96-gallon yard waste cart for weekly pickup for one dollar ninety cents ($1.90)per month.Yard waste will now be picked up weekly. B.Commercial Customers: 1.Garbage Cans:Customers have two types of service available in garbage cans - Commercial Can (32 gallons),or Commercial Mini-Can (20 gallons). 2002 Renton Service Level Commercial mini-can (20 gallon) SWU Monthly Rates $12.10 24 ORDINANCE NO.5133 1 commercial can (32 gallon can or units) 2 commercial cans 3 commercial cans Extra commercial cans 13.88 27.75 41.63 (per pickup)8.00 2.Hydraulically Handled Containers One {l)to Eight (8)Yards:The rate for the handling of hydraulically handled containers approved by the City's contractor and the City for use by commercial,industrial and multiple-family residence establishments shall be as follows: a.Monthly Rates: 2002 Renton Service Level 64 gallon contractor cart 96 gallon contractor cart 1 yard container,1 pickup/week 1 yard container,2 pickups/week 1 yard container,3 pickups/week 1 yard container,4 pickups/week 1 yard container,5 pickups/week 1.5 yard container,1 pickup/week 1.5 yard container,2 pickups/week 1.5 yard container,3 pickups/week 1.5 yard container,4 pickups/week 1.5 yard container,5 pickups/week 2 yard container,1 pickup/week 2 yard container,2 pickups/week 2 yard container,3 pickups/week 2 yard container,4 pickups/week 2 yard container,5 pickups/week 3 yard container,1 pickup/week 3 yard container,2 pickups/week 3 yard container,3 pickups/week 3 yard container,4 pickups/week 3 yard container,5 pickups/week 4 yard container,1 pickup/week 4 yard container,2 pickups/week 25 SWU Monthly Rates $29.96 48.23 75.65 142.32 208.97 275.62 342.29 103.59 197.32 291.05 384.78 478.50 127.42 243.66 359.92 476.17 592.42 181.18 349.53 517.88 686.22 854.58 234.00 453.99 ORDINANCE NO. 4 yard container,3 pickups/week 4 yard container,4 pickups/week 4 yard container,5 pickups/week 6 yard container,1 pickup/week 6 yard container,2 pickups/week 6 yard container,3 pickups/week 6 yard container,4 pickups/week 6 yard container,5 pickups/week 8 yard container,1 pickup/week 8 yard container,2 pickups/week 8 yard container,3 pickups/week 8 yard container,4 pickups/week 8 yard container,5 pickups/week Extra commercial yards 1 yard compactor 1.5 yard compactor 2 yard compactor 3 yard compactor 4 yard compactor 6 yard compactor Multi-family yard waste (incl.cart) 5133 673.98 893.98 1,113.96 331.80 640.29 948.78 1,257.26 1,565.75 427.53 826.57 1,225.60 1,624.63 2,023.67 15.38 624.48 661.59 715.49 806.48 913.18 989.79 39.62 b.Rental Rates:Rental rates for one (l)to eight (8)yard containers will be paid in the monthly rates. c.Minimum Pickups:Minimum pickups for containers and compactors between one (1)to eight (8)yards will be once per week. 3.Temporary containers are rented and billings are handled directly by Waste Management,Inc. 4.Extra Charges: a.A ten dollar ($10.00)charge will be added for each occurrence ofthe following services: (1)Container rollouts and rollbacks over fifteen feet (15')from the point of safe truck access. 26 ORDINANCE NO.5133 (2)Commercial cans placed more than fifty feet (50')from the point of safe truck access. (3)Opening and closing of container enclosure gates and/or locking and unlocking of container lids. b.A twenty-five dollar ($25.00)charge will be added for each occurrence of the following services: (1)Hydraulic disconnect and reconnect of compactors. (2)Compactor roll-off box turnaround. (3)Containers that are not available for collection at regularly scheduled pickup time and a request is made that the contractor make a special return trip. c.Any extra yardage charges determined by the collection contractor due to overflowing containers will be charged per yard at the one (1)yard rate listed under subsection B.2 ofthis Section. 5.Special Services:Whenever special services not contained within this schedule are required,the rate charged for those special services shall be negotiated by the customer with the City and the collection contractor. C.Commercial Roll Off Customers:Commercial roll off customers are those who have a ten (10)to forty (40)yard container or compactor.These large disposal containers are lifted and weighed at the disposal facility.Commercial container customers pay a disposal pickup fee based upon the number of pickups,a weight-based fee and a container rental fee.Compactor customers pay a pickup fee based upon the number of pickups and a weight-based disposal fee. 1.Base Pickup Fees:The base pickup fees are as follows on a per occurrence basis: 27 Commercial Roll Off Rates are Per Pickup 10 yard containers 15 yard containers 20 yard containers 30 yard containers 40 yard containers 10 yard compactor 20 yard compactor 30 yard compactor 40 yard compactor ORDlNANCENO.5133 $92.40 92.40 100.85 113.40 125.53 130.46 130.46 226.80 302.40 The minimum pickup is twice per month. 2.Rental Rates:The following are rental rates for roll off containers. Monthly Rental Rates 10 yard container $38.66 15 yard container 55.16 20 yard container 71.68 30 yard container 88.18 40 yard container 108.69 3.Disposal Fees:In addition to the base charge per pickup and the montWy rental fee,the customer must pay weight-based disposal fees plus tax. D.(Rep.by Ord.4898,3-19-2001) E.Classification And Appeal:Service category classifications shall be on the basis ofthe type and volume of solid waste and the purpose and type ofthe dwelling or facility being served as determined by the PlanninglBuildingfPublic Works Administrator ofthe City,or the Administrator's duly authorized representative.Any person who shall deem their classification improper may appeal to the Solid Waste Coordinator within forty five (45)days following their classification or change of classification.After the decision ofthe Solid Waste Coordinator,if 28 ORDINANCE NO.5133 the party appealing is still aggrieved,then the party may appeal to the Planning/Building/Public Works Administrator,whose decision shall be final. 8-1-11 ADOPTION BY REFERENCE: A.The following Federal,State and local environmental health laws,rules or regulations,at least one copy of which is on file with the City Clerk,are hereby adopted as applicable laws, rules and regulations governing the generation and collection of solid waste: 1.Resource Conservation and Recovery Act,as amended,42 U.S.C.6901 et seq. 2.Title 70.95 RCW,as amended. 3.King County Board of Health Rules and Regulations No.8. 4.King County Code Title 10. B.All waste generated or collected from within the corporate limits of the City which is delivered to the County system for disposal shall be in compliance with such provisions. 8-1-12 SEVERABILITY: If any section,subsection,paragraph,sentence,clause,or phrase of this Chapter is for any reason held to be invalid or unconstitutional such invalidity or unconstitutionality shall not affect the validity or constitutionality ofthe remaining portions ofthis Chapter,it being herein expressly declared that this Chapter and each section,subsection,paragraph,sentence,clause and phrase thereof would have been adopted irrespective of the fact that anyone or more other sections,subsections,paragraphs,sentences,clauses or phrases be declared invalid or unconstitutional. SECTION II.In order to further the purpose of maintaining health,sanitation, safety and public welfare relating to the collection,disposal and removal of solid waste within the City,an emergency is hereby declared and this ordinance shall take effect immediately. 29 ORDINANCE NO.5133 PASSED BY THE CITY COUNCIL this 11 th day of__A-:;p'-r_i_l__---',2005. Bonnie I.Walton,City Clerk APPROVED BY THE MAYOR this 11 th day of __A-=p'--r_i_l -./,2005. Approved as to form: ~~ Date ofPublication:4/15/2005 (summary) ORD.1170:3118/05 :ma. 30