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Chapter 13.02
Solid WasteSections:
13.02.0000 Title.
Article I. Definitions
13.02.0100 Definitions.
13.02.0102 “City.”
13.02.0104 “Collection day.”
13.02.0106 Collection Service – Kinds of Service.
13.02.0108 “Combined City Utilities Bill.”
13.02.0110 “Customer” – Giving Notice.
13.02.0112 “Department” and “Regional System.”
13.02.0114 “Director.”
13.02.0116 “Generator.”
13.02.0118 “Health Officer.”
13.02.0120 “Person.”
13.02.0122 “Premises” and “Premises with Multi-Unit Dwellings.”
13.02.0124 “Recyclable Materials.”
13.02.0126 “Solid Waste” and “Separated Wastes.”
13.02.0128 “Spokane County Comprehensive Solid Waste Management Plan.”
13.02.0130 “Transfer Station.”
13.02.0134 “Waste-to-Energy Plant.”
Article II. General Provisions
13.02.0200 Universal Service by the City.
13.02.0202 Compulsory Service.
13.02.0204 Private Hauling Prohibited – Special Permits.
13.02.0206 Authority of the Director.
13.02.0208 Stopping Service – In General.
13.02.0210 Rates and Regulations.
13.02.0212 May Charge by Weight or Volume – Director May Set Charges.
13.02.0214 Equipment – Projects – Expenditures.
13.02.0216 Taking of or Snooping in Garbage or Recyclables Prohibited.
13.02.0218 Theft of Collection Service Prohibited.
13.02.0220 All Materials Deemed Abandoned – No Claim Recognized.
13.02.0222 Burning, Burying, Onsite Private Disposal Prohibited – Compost Exception.
13.02.0224 Abatement of Public Nuisance.
13.02.0226 Property Clean-up – Customer Request, Code Enforcement Nuisance Abatement.
13.02.0228 Designation of Area as “Premises” for Billing, Enforcement.
13.02.0230 Inspections, Testing, Monitoring May Be Ordered.
13.02.0232 Deposits – Mandatory Combined Billing.
13.02.0234 Allocation of Payments Received.
13.02.0236 “Refuse-Only” Accounts.
13.02.0238 Underbilling, Overbilling.
13.02.0240 Liability for Payment, Transfer to Another Account.
13.02.0242 Unpaid Charges a Lien.
13.02.0244 No Gift, Credit or Free Service.
13.02.0246 Solid Waste Collection Franchisees – Minimum Service Levels – Reasonable Rates.
13.02.0248 Service Outside City Limits.
Article III. Collection
13.02.0300 Weekly Collection Mandatory – Exception for Temporary Service.
13.02.0302 Sufficient Service Required.
13.02.0304 Vacancies – Changes in Service Needs.
13.02.0306 Days of Service – Holidays.
13.02.0308 Director Sets Routes.
13.02.0310 Collection Schedule – Container Placement Deadlines.
13.02.0312 Central City (Business District Downtown) Collection Area.
13.02.0314 Containers Must be Ready at Pickup Location.
13.02.0316 Customer Responsible to Accommodate Departmental Collection Vehicle and Equipment Weight, Clearance Needs.
13.02.0318 Pickup Area, Containers to be Clean – Additional Charges.
13.02.0320 Container Location – Combustibles Separated.
13.02.0322 Premises Generating Food or Other Putrescible Wastes.
13.02.0324 Address Displayed, Visible at Pickup Site.
13.02.0326 Lids to be Kept on Containers.
13.02.0328 Overweight, Volume Overloading Containers Forbidden.
13.02.0330 Bulky Loading Prohibited.
13.02.0332 Assistance to Elderly and/or Disabled Individuals.
13.02.0334 Compaction-Container Requirements.
13.02.0336 Residential Containers.
13.02.0338 Commercial Containers.
13.02.0340 Customers Must Use Only Approved Containers.
13.02.0342 Owner Responsible for Containers.
13.02.0344 Containers, Equipment Furnished “As Is.”
13.02.0346 Adequate Foundation for Collection Vehicle, Container.
13.02.0348 Customer Accepts Risk of Loss or Damage from Normal Operations.
13.02.0350 Premises Site Plan Approval for Solid Waste Collection Area Required.
13.02.0352 Commercial Container Site Location Requirements.
13.02.0354 Container Weight Limits.
13.02.0356 Special Arrangements for Loads in Excess of Ten Tons.
13.02.0358 Minimum Service – Multi-Unit Dwellings.
13.02.0360 Limit on Twenty- and Thirty-Two-Gallon Cart Rate Use.
13.02.0364 Unacceptable Wastes.
13.02.0366 Unacceptable Wastes – Special Arrangements – Additional Charges.
13.02.0368 Collection Service Stopped for Enforcement Reasons.
13.02.0370 Charges Continue.
Article IV. Recycling
13.02.0400 General Rules Apply to Recyclable-Collection Operations.
13.02.0402 Recycling Containers to be Used.
13.02.0404 Recycling – Residential-Use Premises – Nonresidential-Use Premises.
13.02.0406 Materials Included in Residential Curbside Recycling Collection.
13.02.0408 Materials Included in Nonresidential Recycling Collection.
13.02.0410 Materials Accepted for Recycling at Transfer Station or Waste-to-Energy Plant.
13.02.0412 Recyclable Materials to be Prepared for Convenient Collection.
Article V. Rates
Part 1. Residential and Commercial Rates
13.02.0500 Residential Monthly Rate – Weekly Service.
13.02.0502 Residential Service Rates.
13.02.0504 Commercial Service Rates – Dumpsters.
13.02.0506 Commercial Service Rates – Rolloffs.
13.02.0508 Commercial Container Service – Placement – Monthly Rate.
13.02.0510 Compactor Service Rates.
13.02.0512 Return Trip Charges.
13.02.0514 Additional Charges for Commercial Containers.
13.02.0516 Container Replacement Charges.
13.02.0518 Container Cleaning, Pressure Wash, Refurbishment Charge.
13.02.0520 Temporary Account.
13.02.0522 Container Dump Requests.
13.02.0524 Baled Refuse.
13.02.0526 Special Handling.
13.02.0528 Rates for Equipment and Labor – Packer and Nonpacker Trucks.
13.02.0530 Small Animal Remains.
Part 2. Recycling Rates
13.02.0550 Rolloff Recycling Rates – Customer Arrangements.
13.02.0552 Recycling Rates – Nonresidential Premises – Additional.
13.02.0554 Clean Green Yard Waste Collection.
Part 3. Disposal Rates
13.02.0560 Disposal Rates – General Mixed Solid Waste – Tonnage Fee.
13.02.0562 Disposal Rates – Compost.
13.02.0564 Disposal Rates – Demolition Debris – Flat Rate Plus Volume Charge.
13.02.0566 Disposal Rates – Nonprofit Waste Reduction Corporation.
13.02.0568 Estimates Allowed.
13.02.0570 Uncovered Loads.
13.02.0572 Weight Slips.
Article VI. Additional
13.02.0600 Repeal and Savings.
13.02.0605 No Special Duty.
13.02.0610 Penalty.
13.02.0615 Provisions Supplemental – Preemption.
13.02.0620 Severability.
13.02.0000 Title.
This is the “solid waste code.” It is an exercise of municipal police power and statutory authority and defines conditions under which solid waste handling services are provided by the City.
Article I. Definitions
13.02.0100 Definitions.
The following definitions apply in this chapter.
13.02.0102 “City.”
“City” is the City of Spokane.
13.02.0104 “Collection day.”
“Collection day” means the day of the week scheduled for municipal solid waste collection service to be provided to an area or premises.
13.02.0106 Collection Service – Kinds of Service.
A. Collection services referenced in this chapter are identified in relation to:
1. Style or capacity of container and associated department collection vehicles and equipment: “commercial/residential” and “automated/semiautomated” service. In limited circumstances, as permitted by the director, an account may be served manually, i.e., without direct assistance of equipment;
2. Time shift services are provided: “day/night/early day” service;
3. Pickup location: “alley/curb/rollout”; and
4. Recycling based upon use of premises: “residential-use/nonresidential-use” premises.
B. Commercial/Residential Service. Solid-waste collection service to premises is classified as “residential” or “commercial” based upon the type of container determined needed to serve said premises by the director, considering the nature and quantity of solid waste generated, the public health and safety, and business and administrative convenience and efficiency.
1. “Commercial service” is provided with larger capacity containers, which include one- to six-cubic-yard dumpsters, front or rear loaded, and twenty- and thirty-cubic-yard rolloff containers. Such containers are supplied by the department. “Commercial service” further includes compactor-container service. Customers may supply containers for compactor service, ranging from two- to forty-cubic-yard capacity, subject to approval by the department for compatibility with collection vehicles. Commercial-service containers are associated with business and commercial customer needs, although larger multi-unit residential premises sometimes also use them. Similar commercial-capacity containers, except compactors, are used for general-mixed solid waste and source-separated recyclable materials.
2. “Residential service” is provided with automated carts in different sizes. This service is for residential customer, general-mixed solid waste needs. Recyclable materials are placed in bins or other containers supplied by the department.
C. Automated/Semiautomated Service. “Automated service” is collection service provided with a single operator and collection vehicle. It is distinguished from “semiautomated service,” which uses a different collection vehicle and occasionally, a two-person crew. Most residential and commercial service is automated service.
D. Day/Night/Early Day Service. Collection services are provided in three time shifts. “Day” service starts at seven a.m. “Early day” service starts at five a.m. “Night” service is from ten p.m. to seven a.m.
E. Alley/Curb/Rollout Service. “Alley,” “curb,” or “rollout” service refers to the service pickup location of the container for the area or premises served. “Alley service” means the department collects from areas located in or along alleys. It is provided for some residential and commercial container service. “Curb service” means collection at the curb of the public right-of-way adjacent to the premises served, including adjacent sidewalk area. “Rollout” service means that the collector must retrieve the carts from a location more than six feet from the vehicle access point for automated service, or more than twelve feet from the vehicle access point for semiautomated service areas. The director determines which locations are best suited for alley or curb pickup, and the specific location for such pickup, based upon considerations of vehicle access, site-specific conditions, and operational efficiency and convenience. For residential areas, curb pickup is used unless otherwise ordered by the director.
F. Residential or Curbside and Nonresidential Recycling Collection Service. Recycling service is classified based upon the style of container. “Residential” recycling service, also sometimes referenced as “residential curbside” recycling service, is offered to those premises primarily used for human occupancy (“residential-use premises”) and using City-provided automated refuse carts for disposal of household trash. Other customers may use or be required to use commercial-style containers for the convenience and efficiency of the customer or the department.
[Ord. C32940 § 1; Passed: 11/12/2001]
Cross Reference: Art. IV; art. V, part 2.
13.02.0108 “Combined City Utilities Bill.”
“Combined City utilities bill” refers the City’s form of combining billing for municipal water, sewer and solid waste handling service charges in a single statement.
13.02.0110 “Customer” – Giving Notice.
A. “Customer” is the person making arrangements or on whose behalf arrangements are made for solid waste collection service from the department. Because solid waste collection service is mandatory for all premises, “customer” further includes all owners and occupants of premises generating or accumulating solid waste. Where arrangements have been made for billings to be sent to an address other than the premises served, “customer” further includes the addressee at such billing address.
B. For purposes of any notice given by the City under this chapter, giving notice is sufficient if it is either mailed, given or left either at the premises served or mailed to a billing address, if different from the service address, as shown in the city utilities billings division files. For premises with multi-unit dwellings or where several buildings are served with one account, notice is sufficient if given or mailed to the agent or representative of the account, as identified by the department or utility billing division. Nothing here limits the City’s right to recover any obligation from any person determined to be responsible for charges incurred or receiving direct or indirect benefit of services provided.
13.02.0112 “Department” and “Regional System.”
“Department” means the City of Spokane department of solid waste management, which manages municipal solid waste collection and some operational aspects of disposal. “Department” additionally includes the Spokane regional solid waste system, also hereafter “regional system,” when it functions inside the City. The “regional system” is a joint operating entity established by interlocal agreement between the City and County of Spokane with coordinating functions for regional disposal planning and the waste-to-energy plant. For purposes of this chapter, the regional system functions as a City agency.
13.02.0114 “Director.”
“Director” means the director of the department of solid waste management unless otherwise stated or indicated by context.
13.02.0116 “Generator.”
“Generator” is any person originating solid waste. A “generator” also includes the owner and/or occupant of any premises on which solid waste originates or persists.
13.02.0118 “Health Officer.”
“Health officer” is the appointed health officer of the Spokane health district, an interlocal City-County agency established under the laws of the state of Washington or any equivalent successor official designated by the mayor. The director may also exercise any health-officer function for purposes of this chapter.
[Ord. C32755; Passed: 12/4/2000]
13.02.0120 “Person.”
“Person” is an all inclusive reference to any individual or group, firm, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity.
13.02.0122 “Premises” and “Premises with Multi-Unit Dwellings.”
A. “Premises” means a specific lot or area of real property served by the department or any such lot or area in general. “Premises” includes permanent and transient human dwellings and places of accommodation, commerce or recreation.
B. “Premises with multi-unit dwellings” means an area of one or more premises operating in whole or part under unified management or ownership, with housing facilities for more than a single-family residence. Such facilities include duplex or multiplex dwellings, apartments, condominiums, and trailer parks, or other accounts, including planned unit developments, where billed under a master meter arrangement for water service. Distinguished from this definition for purposes of requirements affecting premises with multi-unit dwellings are hotels, motels, hospitals, nursing homes or other congregate-care or institutional facilities, which are generally served as a commercial-service account.
Cross Reference: SMC 13.02.0358.
13.02.0124 “Recyclable Materials.”
“Recyclable materials” or “recyclables” means materials which are source-separated from the general waste stream for recycling or reuse, as opposed to disposal, and accepted under a recycling program operated by the department. The director has authority to adjust items included in the City’s recycling program or conditions for municipal acceptance, considering RCW chapter 70.95 or any other regulatory requirements, the Spokane County comprehensive solid waste management plan, prevailing market conditions for the materials involved, and administrative convenience or efficiency.
13.02.0126 “Solid Waste” and “Separated Wastes.”
A. “Solid waste” or “waste” means the entire, local, general-waste stream generated or accumulated in the City of Spokane, including general-mixed solid waste, separated waste and recyclable materials. General-mixed solid waste includes:
1. “garbage,” which is solid and semi-solid putrescible, discarded materials such as kitchen, food, animal and vegetable wastes, and
2. “refuse,” which is nonputrescible discarded materials, such as rubbish, ashes, or other miscellaneous wastes.
B. “Separated wastes” are discarded materials of a uniform content, quality, or consistency approved by the director for acceptance as separated wastes. Different rates may apply for separated wastes. Types of separated wastes may change from time to time, depending on market conditions, operational efficiency and other factors, in the directors discretion. Currently identified categories are:
1. separated yard and garden waste, also referenced as “clean green” wastes,
2. other composts,
3. baled refuse or refuse which has been tied in bundles for collection,
4. small animal carcasses,
5. segregated mixed-office paper, and
6. “demolition debris” which is materials such as concrete, brick, metals, wood, and glass such as results from demolition of a building or other structure.
C. “Solid waste” is distinguished operationally from sewage or other water-carried wastes, which are handled by the City sewer utility or lawful onsite sewage disposal systems. “Solid waste” includes infectious and hazardous wastes, to the extent these materials are handled by a department collection or disposal operational program, and not including materials handled under procedures administered pursuant to a preemptive regulatory program by another governmental entity, acting within its lawful jurisdiction. “Solid waste” includes recyclables from residential-use premises unless otherwise specifically indicated or apparent from the context.
[Ord. C32507 § 2; Passed: 11/29/1999]
13.02.0128 “Spokane County Comprehensive Solid Waste Management Plan.”
“Spokane County comprehensive solid waste management plan,” sometimes referenced as “Spokane solid waste plan” or in shorter terms, means a plan prepared by Spokane County in cooperation with the City of Spokane and others pursuant to the requirements of RCW 70.95.080 guiding the City of Spokane’s goals and priorities for implementing and evaluating municipal solid waste management functions.
13.02.0130 “Transfer Station.”
“Transfer station” is a permanent, fixed, supplemental collection and transportation facility used by persons and collection vehicles to deposit solid waste into a larger transfer vehicle for transport to a permanent disposal site.
13.02.0134 “Waste-to-Energy Plant.”
“Waste-to-energy plant” or “Waste-to-energy facility” (“W-T-E”) is the Spokane regional solid waste disposal system incinerator operated as a solid waste disposal and energy-recovery facility.
Article II. General Provisions
13.02.0200 Universal Service by the City.
The City of Spokane exercises power to establish and operate a solid waste collection and disposal service for the people of the city by the department of solid waste management and Spokane regional solid waste system. The City of Spokane asserts exclusive and universal control over the business of all solid waste collection, disposal and other handling functions within the city. This authority includes collection and handling of recyclable materials, as further described in this chapter. This chapter invokes and exercises the maximum powers authorized by law for municipal control of and engagement in the business of providing solid waste collection and disposal service to the public.
13.02.0202 Compulsory Service.
The maintenance of the public health, safety, sanitation and aesthetics requires that all generators of solid waste in the City of Spokane accept, arrange for, and pay for solid waste collection and disposal services established by the City. Said mandatory service includes the collection of general-mixed solid wastes as well as payment for the department’s residential curbside recycling collection program.
13.02.0204 Private Hauling Prohibited – Special Permits.
A. Except as provided hereafter, no person may engage in the business of providing solid waste collection or disposal services or recycling collection services provided by the department in the City of Spokane except the City of Spokane or holders of a municipal solid waste collection franchise. This prohibition specifically includes the business of collecting recyclable materials whenever any collection charge is assessed or consideration given by the generator for the collection or acceptance of such materials.
B. Certificate of Public Convenience and Necessity.
1. Persons holding a state certificate of public convenience and necessity and entitled to an exclusive municipal franchise following annexation under RCW 35.13.280 are hereby granted an exclusive special permit not to exceed seven years or other minimum time required by law, commencing at the effective date of annexation. The director of solid waste management is authorized to extend the time of such franchises, not to exceed an additional seven years, but any extension shall be in writing and upon such conditions as the director may require.
2. In addition to conditions stated under this subsection (B), any party collecting solid waste in the City of Spokane pursuant to this subsection (B) is subject to the following further limitations:
a. The special permit under this subsection (B) shall not exceed the scope of any state certificate of public convenience and necessity which has been canceled by operation of the annexation law in effect prior to the time of annexation.
b. Rates shall be fair and reasonable. Compliance with WUTC approved rates for similar services shall be presumed fair and reasonable, but rates in excess of such rates shall be presumed not to be fair and reasonable, all rates subject to review and approval by the director of solid waste.
c. Service levels shall be adequate and sufficient to satisfy all customer needs. Service levels at least to the level currently provided by the City of Spokane department of solid waste shall be presumed adequate and sufficient. Service not to such level shall be presumed insufficient, but all service is subject to review and approval by the director of solid waste.
C. Commercial Recycling.
1. The solid waste management director may issue a special permit, in writing, for commercial recycling activity. The permit is issued for one year. The permit fee is $100. No prorating of the fee is allowed. The penalty for failure to obtain a permit is $500 per violation. Each day of unpermitted operations is a new and separate violation. All permits shall be subject to any additional terms and conditions contained therein.
2. “Commercial recycling” shall be limited to collection and transportation of source-separated recyclable materials from a drop-off box, or from a commercial or industrial generator of recyclable materials to a processor of recyclable materials or end user of recyclable materials. Recyclable materials must be one hundred percent recyclable as measured by volume and contain no solid waste. However, exceptions to this requirement may be made by the director, granted only in writing, if the applicant can demonstrate that the proposed activity is in the best interests of the public health and safety for meeting the recycling goals set forth in the Spokane Regional Solid Waste Management Plan.
3. The granting of a permit for this activity shall in no way be construed to mean that the permit allows the permittee to haul solid wastes within the city in violation of this chapter.
4. Any special permit issued for the collection and hauling of recyclable materials shall require the holder to submit an annual report to the solid waste management director. This report may be a copy of the annual recycling survey submitted to Spokane County or the Department of Ecology required by RCW chapter 70.95. Failure to provide this report annually shall result in automatic cancellation of the permit, without notice.
D. All records of any party engaged in activities relating to collection of solid waste or enjoyment of special permit privileges under this section are subject to inspection and copying by the director. Such parties shall furnish promptly such records or information as the director may require, at no cost to the city.
E. Any party providing solid waste collection service in the city or otherwise enjoying special permit privileges under this section is required to indemnify and hold harmless the city, its officers, agents and employees, as a condition of continuing such service, from all loss or liability in connection with the enjoyment of service privileges. Said party may be required to furnish evidence of insurance, including naming the City of Spokane as an additional named insured on such levels as the director may require.
F. Any person in violation of applicable requirements in this section or additional requirements or conditions imposed by the director of solid waste shall be subject to revocation of said party’s special permit or collection privileges. Except in case of danger to the public health safety, as the director may determine, or where otherwise provided, no revocation shall occur prior to thirty days’ written notice by the director to the party subject to revocation, specifying the violation and providing for an opportunity to correct the same. If the director determines such violation is not corrected after thirty days, the director may order the special permit and/or any collection privileges canceled. Where prior notice has been given in case of repeat violations, no further notice need be given within any twenty-four-month period.
G. Upon cancellation of any collection privileges or termination of the special permit, the holder thereof shall peacefully surrender all territory, providing such information related thereto at no cost to the city, as the director may require.
H. Any party whose special permit is denied or revoked under this section or otherwise subject to enforcement action of the director may appeal the director’s decision to the city hearings examiner in writing within fourteen days of the decision by filing a notice of appeal together with any supporting materials with the hearings examiner. A copy all materials filed shall be served on the director in the same time period. The hearings examiner shall conduct a hearing on the appeal within thirty days thereafter and issue a written decision based on the records presented within twenty days. The examiner’s decision may be appealed in writing to the Spokane County superior court within fourteen days. The director’s decision shall be entitled to great deference upon review, and shall be overturned only upon a finding that it is arbitrary and capricious.
I. The director of solid waste management is vested with the duty of administering the provisions of this section and has authority and discretion to approve or disapprove proposed special permits. The director may prepare and require the use of such forms as deemed essential for administering the requirements of this section.
[Ord. C33361 § 1; Passed: 12/22/2003]
13.02.0206 Authority of the Director.
A. Purpose. Considering:
1. the Spokane solid waste plan,
2. RCW chapter 70.95,
3. the public health and safety,
4. the means to assure prompt, safe and efficient delivery of solid waste collection and disposal services to the public, and
5. the conservation of public moneys, the director administers and interprets this chapter and the operations and functions of the department, and determines all questions arising hereunder. The director exercises general administrative authority with respect to all departmental operations, either directly or through persons he may designate. The director may modify or adjust provisions of departmental functions consistent with sound business management practice.
B. Regulations. The director may promulgate regulations in the enforcement of this chapter, considering the purpose of this section.
C. Warnings – Orders. The director may issue warning notices and enforcement orders upon such reasonable notice as the director deems proper. The director may take such remedial measures as the director deems necessary to enforce any order, regulation, or provision of this chapter, including clean-up operations.
D. Procedures. The director may establish procedures to resolve disputed questions of fact or liability within the scope of the director’s authority and may subpoena witnesses, take testimony, require the submission of verified statements, records and samples, but no formal proceedings or notice shall be a precondition of any action taken.
E. Penalties. Civil penalties may be imposed for violation of a director’s order. Except where otherwise specified, for orders affecting single-family residence service, the civil penalty for a first time violation is twenty-five dollars per violation. In case of a continuing violation, each day is a new violation, and the civil penalty may be assessed for up to the first five days of noncompliance. Thereafter, the civil penalty is one hundred dollars per day, for a maximum total of one thousand dollars. For orders affecting premises other than single-family residences, the civil penalty for a first time violation is one hundred dollars per violation. In case of a continuing violation, each day is a new violation, and the civil penalty may be assessed for up to the first five days of noncompliance. Thereafter, the civil penalty is five hundred dollars per day, for a maximum total of five thousand dollars. Said penalties are in addition to actual costs of clean-up or other services provided by the City.
13.02.0208 Stopping Service – In General.
Where the director deems necessary, for administrative convenience, in case of emergency, adverse weather, natural disaster, equipment failure, labor dispute, inaccessibility, as a corrective measure, in conservation of public moneys, or to protect the public health and safety, or the health and safety of departmental employees, any department service may be stopped, suspended, limited, or specially conditioned, with or without notice, to any premises, area, customer or group.
13.02.0210 Rates and Regulations.
A. General rates and charges for solid waste collection or disposal service are set by the city council as a part of the City’s annual budgeting process on any lawful basis. The rate structure considers the nature of the materials collected or received for disposal, how the materials are prepared, such as being baled or tied in bundles, or compacted, and the volume or weight of the materials. Volume-type rates are based on the size of the container used. In addition, charges are imposed based on number the of containers, and for extra collection effort, collection distance from the automated cart to collection vehicle access point.
B. In the exercise of reasonable business judgment, the director may set temporary rates, either with reductions or increases for periods of up to sixty days. Specific charges may be waived by the director, in the exercise of reasonable business judgment and/or protection of the public health and safety, considering also the convenience and efficiency of department operations.
[Ord. C32507 § 3; Passed: 11/29/1999]
Cross Reference: Art. V.
13.02.0212 May Charge by Weight or Volume – Director May Set Charges.
The department reserves the right to charge customers based upon labor at the collection site, weight, volume, or any combination. The director may fix charges for items and services not otherwise provided for and to promulgate rules and regulations as required for proper operation of the departments solid waste collection and disposal system. Such rates shall include a reasonable value for overhead charges and staff time, including clerical, administrative, legal, engineering, and other professional staff time. All costs of collection, including filing fees or other administrative expenses, are added to amounts due.
[Ord. C31795; Passed: 12/9/1996]
Cross Reference: SMC ch. 8.02; SMC 13.02.0526.
13.02.0214 Equipment – Projects – Expenditures.
A. To the maximum extent permitted by state law, the City may acquire such equipment, engage in projects, enter into contracts, and perform such functions as may enable it to carry out solid waste (including recyclables) handling, collection or disposal responsibilities and such other purposes as the city council may direct. These powers shall be broadly construed to accomplish their intended purpose.
B. The city council approves departmental expenditures of funds for equipment and projects, which may be funded by the respective department fund, by grant, or by appropriation from federal, state, or local resources as the city council may authorize.
C. Any expenditure not more than thirty thousand dollars, excluding applicable taxes, may be made without city council approval, except all such expenditures shall be from the fund for the appropriate department.
[Ord. C33120 § 3; Passed: 12/9/2003]
13.02.0216 Taking of or Snooping in Garbage or Recyclables Prohibited.
A. No person shall take, examine, uncover, snoop in, separate, gather, collect, or salvage materials deposited in automated carts or containers, including recycling containers, bins, dumpsters or rolloffs, for collection or acceptance by the department or other authorized persons. This prohibition applies at the point when materials have been deposited in solid waste or recyclable bins, automated carts or containers or left in the vicinity of a container pickup location. For materials brought to a municipal disposal facility or transfer station area, the prohibition applies at the point such materials arrive upon the site of the facility or transfer station.
B. Violations are punishable by a civil penalty of one hundred dollars per violation, where the estimated value of items taken is five dollars or less. For items of value greater than five dollars, the civil penalty is one thousand dollars per violation. These penalties are in addition to full restitution.
C. This section shall not be construed to create or recognize any right or expectation of individual privacy with respect to solid waste identifiable to any person or premises, nor shall it apply to government-authorized activities.
[Ord. C32507 § 4; Passed: 11/29/1999]
13.02.0218 Theft of Collection Service Prohibited.
No person may place or deposit any materials in or around a solid waste receptacle or recycling container owned or provided for the use of said premises served except the owner or occupant of the premises for who the service arrangements have been made. Violation of this section is a theft of solid waste collection service. Violations are punishable by a civil penalty of one hundred dollars per violation, where the materials do not exceed either an estimated volume of thirty-two gallons or a weight of eighty pounds. For items of either greater volume or weight, the civil penalty is up to one thousand dollars per violation. These penalties are in addition to full restitution.
13.02.0220 All Materials Deemed Abandoned – No Claim Recognized.
All materials, including solid waste, separated wastes or recyclables, deposited or left for collection by the department or brought for acceptance or disposal by the department are deemed irrevocably abandoned to the department. All such materials are the property of the department. No claim for loss or damage of said materials shall be recognized. This provision applies at the point when any materials have been deposited in solid waste or recyclable bins, automated carts or containers or left in the vicinity of a container pickup location. For materials brought to a municipal disposal facility or transfer station area, the provision applies at the point such materials arrive upon the site of the facility or transfer station.
[Ord. C32507 § 5; Passed: 11/29/1999]
13.02.0222 Burning, Burying, Onsite Private Disposal Prohibited – Compost Exception.
No person may burn, bury, or otherwise dispose of or process solid waste on any premises except for composting of garden wastes in a compost process approved by the department. This prohibition does not apply to outside burning of yard waste to the extent such activities may be allowed under the City of Spokane fire code and regulations of the Spokane County air pollution control board.
13.02.0224 Abatement of Public Nuisance.
A. Failure of an owner or occupant of any occupied premises to receive weekly solid waste collection service is declared to be a public nuisance, as a condition tending to promote the breeding of vermin and spread of disease.
B. Notwithstanding any other provision of this chapter, and in addition thereto, the maintenance of any condition upon premises creating or tending to create a risk to the public health or safety, specifically including but not limited to the accumulation of solid waste, including garbage, refuse, or any malodorous, unhealthful, flammable, or putrescent materials on premises shall constitute a public nuisance and, in the discretion of the fire inspector, building official, code enforcement official, health officer, or director shall be susceptible to abatement by the City, with or without prior notice, at the expense and liability of the premises owner and/or the person causing or maintaining the same.
C. Costs of abatement of any nuisance as above defined are declared to be part of municipal solid waste collection and disposal service which may be billed as a utility service to the premises where the condition arose or exists. This section shall not limit the City or premises owners rights to seek recovery against other responsible persons.
13.02.0226 Property Clean-up – Customer Request, Code Enforcement Nuisance Abatement.
Property clean-up jobs, whether carried out at the request of a customer (owner or occupant), or pursuant to a code enforcement or nuisance abatement function, with or without prior notice, are charged based upon time, distance of haul, accessibility of staff, vehicles and equipment to materials, number and kind of workers, equipment used, volumes or weights of materials removed, or any combination of these variables.
Cross Reference: SMC 13.02.0526.
13.02.0228 Designation of Area as “Premises” for Billing, Enforcement.
The director may designate any area where solid waste is generated or persists as a discrete “premises” for administrative convenience, for purposes of presenting a bill or establishing an area subject to lien, to accomplish any enforcement actions, or whenever deemed necessary in the interest of the public health and safety. Such designation may include several lots or properties, where such areas are served as a group, as in premises with multi-unit dwellings or pursuant to any other combined billing arrangement.
Cross Reference: SMC 13.02.0122.
13.02.0230 Inspections, Testing, Monitoring May Be Ordered.
The director may order inspections, examination of records, facilities and equipment as well as testing, monitoring or other measures deemed necessary to enforce this section for the protection of public health and safety. Where any violation of law, ordinance, or regulation is determined, the cost of such measures shall be paid by the property owner or other responsible party.
13.02.0232 Deposits – Mandatory Combined Billing.
A. The utilities billing division or director may order a deposit as a condition of initiating, continuing or restoring any service where it appears, in their discretion, there is a risk of nonpayment or underpayment or as permitted by 11 USC section 366 or any other applicable law.
B. Solid waste collection service, including recyclable materials, must be billed on a combined City utilities bill except upon written department approval. Where premises are not served by City water service or where an account is not otherwise included on a combined City utilities bill, such as a “refuse-only” account, the customer is required to tender a deposit to the department equal to the estimated cost of the service to be provided as determined by the department.
[Ord. C31795; Passed: 12/9/1996]
13.02.0234 Allocation of Payments Received.
In addition to solid waste handling services, the City provides public sewer and water service. To prevent the spread of disease, all property owners and occupants must accept public solid waste collection and disposal services. To assist owners and occupants to fulfill this obligation, payments received on a City combined utilities bill are applied first to unpaid solid waste service, thereafter to unpaid sewer service, and last to unpaid charges for water service.
13.02.0236 “Refuse-Only” Accounts.
Most premises in the city are billed through a combined City utilities bill. For premises not served with City water or sewer service, the billing is described as a “refuse-only” account. “Refuse-only” account customers must contact the director of solid waste for prior approval to initiate a refuse-only account at (509) 625-7955.
[Ord. C32940 § 2; Passed: 11/12/2001]
13.02.0238 Underbilling, Overbilling.
A. Policy. It is the policy of the City to collect all amounts identifiable as due and owing for solid waste collection and disposal service from the account served, recognizing losses from not collecting such amounts must be made up by moneys collected from all ratepayers. It is presumed that owners and occupants of premises are aware of the obligation to accept and pay for departmental services and the cost of such services for the premises concerned. Subject to this policy the director or administrative head of City utility billings has discretion to adjust billings considering individual account circumstances as follows:
B. Underbill – Underpayment. Underbilling or underpayment because of customer errors or other reasons not the result of City errors will be collected in full.
1. Underbilling or underpayment because of City error may be adjusted, considering the following criteria:
a. where it appears a customer or other person responsible for payment did not know and had no reason to know of the error, accrued charges may be waived which are over one year in arrears.
b. In general, customers are presumed to know that solid waste collection and disposal service is not rendered for free, and there is a prima facie customer “reason to know” of an error where no charges are being assessed for premises receiving service, or failure to act or make reasonable inquiry promptly upon the presentation of a bill for services for premises inconsistent with services rendered thereto.
c. In considering in individual cases where a customer knew or had reason to know of an Underbilling error, the adjusting official may consider a customers status as a single-family account compared to a larger volume user, with a presumption that larger volume users should have a better awareness of the status of their service consumption and obligation to make proper payment therefore. Underbillings because of customer error or where it appears a customer knew or should have known of the error should be paid in full.
C. Overbill. Where an account is overbilled or overpaid because of City error, not the result of customer fault, the refund period is up to one year from the time the error is reported to the City. Approved refunds are generally administered by an account credit for the premises served.
[Ord. C32058 § 1; Passed: 12/15/1997]
13.02.0240 Liability for Payment, Transfer to Another Account.
A. In addition to the person or address billed for service as shown in municipal records, the City may require any other person or address for whom or for whose benefit services are provided, or against whom enforcement action is taken under the authority of this chapter, to be responsible for payment for any municipal services, jointly and severally. With respect to any premises served or involved in an enforcement action, such persons include the respective premises’ owner and occupant.
B. To obtain payment from any person determined responsible by the department for municipal utility service charges, the City reserves the right to transfer a payment obligation from one customer or account to another, or hold charges for payment on one or more accounts, jointly and severally, until full payment is received.
13.02.0242 Unpaid Charges a Lien.
Upon the failure of the City to receive full payment within thirty days of any charges for service provided by the department to a premises, the amount thereof shall become a lien against said premises or property for which the service was rendered. Such services include but are not limited to solid waste or recyclable materials collection, premises clean-up or nuisance enforcement services ordered by the director, or carried out by the code enforcement division, or other jurisdictional agencies, with or without prior notice. Such services further include collection of recyclable materials or disposal services of materials generated from a premises. This provision shall be supplemental and in addition to any other rights or remedies allowable to the City, and not by way of limitation.
13.02.0244 No Gift, Credit or Free Service.
A. No gift of public or departmental funds, free service, or loan of credits or forbearance of collection of any obligation due and owing the department for services rendered by or available from the department shall ever be made. This provision shall not preclude the director from granting, through neighborhood councils established as provided in SMC 4.27.010, a credit of up to $5000 annually for community cleanup purposes. The director establishes further conditions of use, consistent with the purpose. No credit may be carried over into a new calendar year.
B. Credits referenced in subsection (A) of this section may be used as follows:
1. Curbside:
a. hourly fee charged for refuse truck and two staff members;
b. tonnage fees at the W-T-E plant;
c. no large appliances/items;
d. Monday through Friday (no weekends).
2. Rolloff dumpsters (large commercial type):
a. delivery fee for each container;
b. daily rental;
c. haul fee;
d. tipping fees at the W-T-E plant;
e. maximum of three containers per cleanup;
f. weekend coverage-overtime charges apply (one-day-only event);
g. no weekend cleanups after November 1st.
3. Clean Green Program. Charges are the same as item II, except item (d), which is charged at the lesser clean green rate.
4. Large appliance pickup:
a. hourly labor cost;
b. tonnage dump fees;
c. Large appliances only: freezers, stoves, drained hot water heaters, refrigerators, etc.;
d. No appliance pickups after October 15th.
5. Pass program:
a. Passholders collect material in neighborhood and haul to the W-T-E plant. Pass pays tipping fee only.
b. City funds may not be used to pay for contracted labor.
c. Vehicle license numbers and pass number used to track charges.
d. City reserves the right to audit. Neighborhood council must present to the City a dispersal log of all passes.
e. For accounting purposes, no passes will be accepted after December 15th.
6. Other ways approved by the director.
[Ord. C32773 § 2; Passed: 1/2/2001]
13.02.0246 Solid Waste Collection Franchisees – Minimum Service Levels – Reasonable Rates.
A. Some annexed portions of the city are served by private companies pursuant to a franchise granted by the City in accord with RCW 35.13.280. This chapter, as an exercise of the police power to protect the public health and safety, shall supersede any inconsistent or contradictory franchise provisions.
B. Holders of municipal solid waste collection franchises shall provide weekly solid waste collection service to all occupied premises within a franchised area at the same general levels and conditions of services as the City solid waste management department provides. This shall include providing a residential curbside recycling collection program at least equivalent to the services provided by the City.
C. Rates charged by municipal solid waste collection franchisees shall be fair and reasonable. Where a franchisee’s rates within the city are higher than the department rates, the director of solid waste management may order a franchisee to submit due and proper showing to the director to establish its rates within the city are fair and reasonable, notwithstanding any franchise term or provision to the contrary.
D. The director of the regional system may require holders of municipal solid waste collection franchises to deliver solid waste to a disposal facility or facilities so designated by that director.
E. Complaints, including rate disputes, relating to a franchisee are reviewed by the director of solid waste management. The director’s decision, except relating to suspension or revocation of a franchise, is subject to review by the City hearing examiner by filing written notice of appeal thereto within ten days of the date of issuance. Upon timely appeal, the hearing examiner conducts a hearing thereon within forty-five days of the filing of the appeal. The examiner’s decision is the final City action, and may be appealed on the record to the superior court of Spokane County by filing a notice of appeal thereon, copy served upon the director and hearing examiner, within thirty days of issuance.
F. Where a franchisee has failed to fulfill the terms of a franchise or comply with any other applicable ordinance or order of the director, a civil penalty may be imposed of one hundred dollars per violation, with each day of a continuing violation a new and additional violation. Where a franchisee has been notified of the City’s intent to impose a civil penalty within the last six months for the same reason, said penalty increases to one thousand dollars per violation, with each day of a continuing violation a new and additional violation; provided, prior to imposing the higher penalty, the director shall first have given written notice to the franchisee and an opportunity to cure the violation of at least fourteen days; provided further, this notice period may be shortened if the director determines necessary to protect the public health and safety.
G. In addition and not by way of limitation to the imposition of penalties and any other remedies available in contract or at law, where a franchisee has failed to fulfill the terms of a franchise or comply with any other applicable ordinance or order of the director, the director may recommend that franchise privileges be suspended or revoked. Said recommendation shall be forwarded to the City hearing examiner, who shall conduct a hearing thereon within forty-five days of the director’s recommendation. The examiner’s decision may be appealed within thirty days of issuance to the city council. The council shall consider the appeal within thirty days of filing. No new evidence shall be considered, and the council shall either approve or reverse the hearing examiner’s decision, based upon the record submitted by the hearing examiner. The councils decision is final.
H. Immediately, but in no case longer than three business days after a franchise has been suspended, revoked, expires, or is abandoned by a franchisee, the franchisee shall transmit to the director of solid waste management an accurate and up-to-date written list of all routes, addresses of premises served and type of service within the franchised area affected, and any other information the director may require. A civil penalty of one thousand dollars per day for noncompliance with this subsection shall be assessed against a franchisee.
[Ord. C31795; Passed: 12/9/1996]
13.02.0248 Service Outside City Limits.
A. The city solid waste department does not provide collection service outside city limits except as may be authorized by applicable law or contract, including appropriate arrangements with a private solid waste collection company. The department does operate a regional disposal service for solid waste from inside and outside the City of Spokane.
B. In the event all aspects of service are not specifically addressed by contract or otherwise specifically provided, any other portions of this chapter or SMC chapter 13.01 may be applied by the director of solid waste management where deemed needed as terms and conditions of service to outside the city customers.
[Ord. C33361 § 7; Passed: 12/22/2003]
Article III. Collection
13.02.0300 Weekly Collection Mandatory – Exception for Temporary Service.
A. Weekly collection service is mandatory for all occupied premises or any other premises generating solid waste, and must be accepted and paid for by the premises owner or occupant except only as provided in subsection (B) of this section. Unless otherwise defined, for purposes of this section, “occupied” means either:
1. Water or other utility service is currently supplied to the premises; or
2. There are other signs of physical occupancy or human habitation. The department may order collection more frequent than on a weekly basis, considering the public health, safety or aesthetics, where it appears necessary. For unoccupied premises, service may be ordered by the director as determined necessary. See SMC 13.02.0500(C).
B. Minimum vacation shut off is two week. Premises not required to have weekly service must accept at least monthly service unless the director sets another minimum service interval, considering the public health and safety, and business and administrative convenience. Premises eligible for consideration of a reduced (monthly) service interval are:
1. premises with temporary disposal needs, but only if generating solely nonputrescible wastes, and only so long as said account remains a temporary need;
2. nonresidential use premises, but only where generating solely nonputrescible, dry wastes, and only where the wastes generated from said premises regularly exceed twenty cubic yards per month, minimum volume.
[Ord. C32314 § 1; Passed: 12/7/1998]
Cross Reference: SMC 13.02.0520.
13.02.0302 Sufficient Service Required.
Customers must accept solid waste collection service sufficient to remove solid waste generated by or accumulating weekly from the premises. The director or his designee may order additional service on behalf of the customer where the department determines necessary. If additional service is needed, a customer may use additional containers or select a larger-capacity container from the container choices available from the department. Commercial-route customers may also request more frequent container collection or dumps more than once a week.
13.02.0304 Vacancies – Changes in Service Needs.
A customer may request service be halted temporarily when premises are vacant. The department must receive at least three business days advance notice. Service suspensions for less than fourteen days are not granted. Customers are further required to notify promptly the utility billings division or the department of any changes in service needs.
[Ord. C31795; Passed: 12/9/1996]
13.02.0306 Days of Service – Holidays.
A. Collection services are provided Monday through Friday except during holidays. Disposal facilities are open seven days a week, except holidays. Saturday collection occurs only for Friday holiday make-up service. There is no regular Saturday or Sunday collection except as may be ordered by the director. Saturday and Sunday collection may be billed as an ‘extra’ service in accord with administrative needs. Weekly collection service is generally scheduled for the same weekday for specific premises or areas but is subject to modification by the director as may be required for efficient operation of the department.
B. There are six departmental holidays: New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day. When a holiday occurs, the regular collection weekday for service is one day later for holiday make-up service, starting the day after the holiday. Where a holiday falls on a Sunday, Monday is taken as the holiday. Holiday scheduling is adjustable by the director.
[Ord. C32940 § 3; Passed: 11/12/2001]
13.02.0308 Director Sets Routes.
Collection routes, dates and times, and type of service (semi-automated or automated) are set by the director, in the director’s discretion, based upon needs of the premises, area, reasonable business management practice and system operational needs. Further information on the date or location of collection service is available from the department. Customers are encouraged to contact the department of solid waste management at (509) 625-7878 with any questions relating to departmental operations.
[Ord. C32507 § 8; Passed: 11/29/1999]
13.02.0310 Collection Schedule – Container Placement Deadlines.
A. Collection services are scheduled in three work shifts:
1. Night Schedule. Collection occurs after 10 p.m. until 7 a.m. of the collection day. For purposes of reference, the collection day for night service is reckoned as that calendar day that starts before midnight, although the night shift actually continues into a new calendar day after midnight. Night schedule is primarily for the central city collection area. Some containers are placed out in right-of-way areas for collection. The deadline for container placement for pickup is 8 p.m. After collection, containers must be returned to their regular storage area promptly, but no later than 7 a.m. or two hours after collection by the department, whichever occurs last.
2. Early Day Schedule. Collection occurs any time after 5 a.m. of the collection day. Early day schedule is primarily for commercial container customers outside the central city collection area. The deadline for all commercial container placement for pickup is 5 a.m. After collection, containers must be returned to their regular storage area promptly, but no later than two hours after collection by the department.
3. Regular Day Schedule. Regular day schedule is primarily for residential automated cart customers outside the Central city collection area. The deadline for container placement for pickup is 7 a.m. Collection occurs any time after 7 a.m. of the collection day. After collection, containers not regularly stored at the container pickup location must be removed from the pickup location and returned to their regular storage area, out of general curbside, sidewalk, or pickup area visibility, promptly, but no later than 9 p.m. in the evening of the collection day.
B. Collection times for recycling are the same as general mixed solid waste, unless different specific arrangements are made with the customer, except residential recycling customers (single-family and multi-unit dwellings) served by the night schedule for general solid waste will receive early day service for recycling pickup. Said residential customers must have recycling containers at the collection pickup location no later than 6 a.m. of the collection day. All bins must be removed from the curb by 6 p.m. in the evening of the collection day.
[Ord. C32773 § 3; Passed: 1/2/2001]
13.02.0312 Central City (Business District Downtown) Collection Area.
The central-city or business-district collection area is primarily the downtown area. Boundaries are set by the director, subject to adjustment from time to time. Unless modified by the director, the boundaries are Hamilton Street west to Cedar Street, and from Seventh Avenue north to the extended line of Boone Avenue, with a small extension to the west between I-90 and Second Avenue.
13.02.0314 Containers Must be Ready at Pickup Location.
A. It is essential for operations that customers have solid waste or recyclable cans, bins, carts or larger commercial-size containers ready, easily accessible, and available for collection at the designated container pickup location by department vehicles prior to the beginning of the collection day. The director determines all container pickup locations, and may adjust or change such locations in the interests of operational efficiency.
B. The container pickup location will generally be at the curbside, sidewalk, or alley adjacent to the premises at the property line, unless arrangements have been made in advance for rollout service. Any location change requires department approval in advance. For any service using commercial-capacity containers, to avoid container damage, original container placement or any location changes must be performed by the department. Containers will be damaged by improper effort to move, and the customer will be held responsible to pay for all such damage.
C. In addition to placement at the approved container pickup location, “available for collection” includes opening gates, removing locks and chains, making provisions for inclement weather, including snow removal, sanding icy areas, clearing the area of vehicles or other blockages, and removal of waste, debris, and anything else required to make the container accessible for dumping. For blockage conditions such as inclement weather not caused or enhanced by customers, customers are responsible to clear away any blockages or otherwise restore access by the second business day after onset of adverse conditions.
D. Chains must be completely removed to protect departmental vehicle and operator. All containers must be placed outside any fence or barrier twenty-four inches or higher unless a customer has made special, advance arrangements because of a customer’s special needs. Collectors are not required to negotiate steep ramps, stairs or hazards, or to remove automated carts or containers from recessed areas or storage bins in the performance of their duties.
[Ord. C32507 § 10; Passed: 11/29/1999]
Cross Reference: SMC 13.02.0508(A).
13.02.0316 Customer Responsible to Accommodate Departmental Collection Vehicle and Equipment Weight, Clearance Needs.
A. Customers are responsible to make premises conditions suitable for departmental vehicles and equipment. Department collection vehicles and equipment providing service for residential-capacity containers such as automated carts and recycling bins weigh up to twenty-five tons loaded and require an access route of a minimum of twelve feet wide to the container pickup location. Height clearance requirements are a minimum of fourteen feet. In addition, the premises site must have adequate access to permit vehicle turn-around. Because site conditions and access and vehicle configurations vary, customers must contact the department in advance to assure compliance with this requirement.
B. Department collection vehicles and equipment providing service for residential capacity automated carts, dumpster containers (one to six cubic yards), rolloff containers (with a capacity greater than fifteen cubic yard drop boxes or rolloff compaction units) weigh up to twenty-five tons loaded and require access route and conditions as minimum as provided in subsection (A) of this section. Because site conditions and access and vehicle configurations vary, customers must contact the department in advance to assure compliance with this requirement. Absent prior approval, an accessible site shall require a paved street or alley, with at least twelve feet unobstructed width and without overhead obstructions to allow at least fourteen-foot overhead clearance. Additionally, the access shall not be so steep as to preclude safe vehicle access, as determined by the director.
[Ord. C32507 § 11; Passed: 11/29/1999]
13.02.0318 Pickup Area, Containers to be Clean – Additional Charges.
A. Customers are responsible to keep the pickup area and containers or carts in a sanitary condition with the outside thereof clean and free from accumulating grease, decomposing materials and litter. Loose solid waste must be deposited in containers for collection. Solid waste collection workers are not normally premises clean-up crews. Clean-up effort by the department will be at an additional service charge against the utility account of the premises served for special handling.
B. Customers are responsible to keep containers clean. Where determined necessary, to protect the public health, safety, or aesthetics, the director may order or a customer may request a cleaned replacement container (cleaning fee or refurbishing charge assessed).
[Ord. C32507 § 12; Passed: 11/29/1999]
Cross Reference: SMC 13.02.0526.
13.02.0320 Container Location – Combustibles Separated.
As a condition of service, commercial-capacity containers or any container with a storage capacity equal to or exceeding one cubic yard may not be stored in buildings or placed within five feet of combustibles, including combustible walls, openings or combustible roof eave lines without prior written approval from the Spokane fire official. Containers with flammable contents, such as grease may not be stored with the same enclosure as general-mixed solid-waste containers, except with written approval from the department.
13.02.0322 Premises Generating Food or Other Putrescible Wastes.
Premises with activities tending to generate larger quantities of food or other putrescible wastes such as restaurants or other food preparation or processing activities must, in addition to the above requirements, provide year-around access to running water as well as a floor drain in the enclosure which drains to the sanitary sewer. This drain shall be positioned so that only water originating on the slab, or running water necessary for maintenance of the container, reaches the sanitary sewer. Those premises unable to comply with the above will be required to pay all costs necessary to maintain the container in a sanitary condition, and return the container to a usable condition, including refurbishing costs, as necessary.
[Ord. C32507 § 13; Passed: 11/29/1999]
Cross Reference: SMC 13.02.0518, Container Cleaning, Pressure Wash, Refurbishment Charge.
13.02.0324 Address Displayed, Visible at Pickup Site.
The owner or occupants of each premises is required to have said premises’ address displayed or clearly visible at the pickup site.
13.02.0326 Lids to be Kept on Containers.
Customers are responsible to keep container lids tightly fitted on the container and the lids closed. Failure to maintain a container or automated cart lid in a closed or shut position encourages spreading of diseases, vermin, and spilling or spreading of container contents. This also tends to create a mess in the neighborhood or collection area.
[Ord. C32773 § 4; Passed: 1/2/2001]
13.02.0328 Overweight, Volume Overloading Containers Forbidden.
A. Loading containers beyond volume or weight capacities is prohibited. Loading containers in a manner which is unstable or likely to cause damage to the collection vehicle, container, create a litter condition, or impede collection is prohibited. Overloading containers occurs when the container weight capacity is exceeded or when objects project outside the container. In addition, loading shall be weight centered in the base of the container. Also, customers shall drain containers so that they are essentially liquid-free. Not by way of limitation, an overload, cleanup or extra work fee may also be assessed for overloaded or improperly loaded containers.
B. Customers are advised that the City has no onsite, immediate means of determining weights of filled containers at the pickup site and customers are responsible to familiarize themselves with the container weight limits set forth in this chapter, and to avoid overloading containers. For larger capacity commercial containers, in the event the director determines a customer is responsible for an overload, a Civil Penalty of one hundred dollars ($100.00) for the first violation and five hundred dollars ($500.00) for any subsequent violations shall be assessed. In addition, the customer shall be required to pay for damage to any City equipment or vehicles, and any additional costs incurred in providing or attempting to provide service. Said costs shall include payment of any tickets departmental vehicles receive as a consequence of being overloaded on the public right-of-way.
[Ord. C32058 § 4; Passed: 12/15/1997]
Cross Reference: SMC 13.02.0354.
13.02.0330 Bulky Loading Prohibited.
A. Contents must be able to fall freely from the container when dumped or emptied. Container lids must be in a completely closed position and swing freely open when the container is dumped. Containers and carts must be packed to allow easy dumping of contents when inverted. Overfilled or overloaded containers will be assessed additional labor and equipment charges for additional effort to handle overloaded or overfilled containers. Alternatively, in the department’s discretion, collection will be declined for an overfilled container and a minimum service charge will be assessed.
B. Tree limbs and brush must be cut in three-feet lengths and tied in small bundles if they are to be removed by the regular collection crews. The solid waste management department may decline to collect cartons, crating or similar bulky materials on regular routes. “Bulky materials” are large items of solid waste, distinguished from the general, domestic, municipal waste stream collected in automated carts or containers. Examples include but are not limited to appliances, furniture, trees, stumps and other oversized wastes.
[Ord. C32507 § 15; Passed: 11/29/1999]
13.02.0332 Assistance to Elderly and/or Disabled Individuals.
Elderly or disabled residents who are unable to place their containers and have no other available resources to comply with the requirements of this chapter for setting out containers for collection pickup may request free assistance from the department, upon a proper showing of need. Such individuals are responsible for providing proof of disability as recognized by the State of Washington, in WAC chapter 308-96A.
13.02.0334 Compaction-Container Requirements.
A. Compactor customers must contact the department in advance to insure that the compaction unit is compatible with department vehicles and equipment and to insure the location allows proper access for collection. Customers are cautioned to be aware of site and access requirements, including minimum height and width clearances needed for collection vehicles, particularly those relating to adequate foundation for departmental vehicle access and container location. Damage to premises or property because of weight from collection vehicles and equipment, container placement or returning container to the ground after dumping is at the customers sole risk and liability. Customers are fully responsible to provide adequate advance notice to the department of any conditions or problems on site susceptible to damage or injury. Wheels on compactors can be damaged by the act of normal dumping of these containers. The City is not responsible for damage through normal wear and tear. Spillage due to overfill or other conditions not the result of active City fault is the customers responsibility.
B. In addition to regularly arranged service, customers may request additional pickups. One-day advance notice to the department is needed. The department will seek to provide pickup on the next business day after notification.
Cross Reference: SMC 13.02.0300, 13.02.0522.
13.02.0336 Residential Containers.
A. Only premises generating solid waste of a nature and quantity typical for single-family residential households are eligible for service with residential style automated carts.
B. Premises approved by the director as eligible for residential service may use the following containers for mixed municipal solid waste:
1. Automated Cart Service: Automated carts are available in four sizes: twenty gallons (equivalent to a mini-can), thirty-two gallons (equivalent to a regular garbage can), sixty-eight gallons (equivalent to two regular garbage cans), and ninety-five gallons (equivalent to three regular garbage cans).
2. Recyclable materials bins vary between fourteen- and twenty-gallon capacities. Larger volume service may be furnished with automated carts or larger commercial-capacity containers.
[Ord. C32773 § 5; Passed: 1/2/2001]
13.02.0338 Commercial Containers.
A. Premises not eligible for service with residential containers are served by commercial-capacity containers. All containers except compactor units are supplied by the department. Where premises generate more than sixty cubic yards per week, minimum size service is a rolloff container of twenty-cubic-yard capacity.
B. No more than three automated refuse carts are allowed at any one pickup site. If the customers’ needs exceed this level, then, space permitting, minimum size service is a two cubic yard dumpster, with enclosure. In individual cases, the director may adjust this policy, on customer request.
C. Approved commercial containers are:
1. dumpster service, provided in capacities of one, two, three, four and six cubic yard dumpsters. Dumpster design may be front loader or rear loader, depending upon the method of emptying the containers;
2. rolloff service, provided in capacities of twenty and thirty cubic yards;
3. small compactor service. Customer purchases unit and container, from two- to six-cubic-yard capacity. All compactor units must be approved by the director as compatible for use with departmental equipment, including compatibility with equipment safety limitations;
4. large compactor service. Customer purchases unit and container, from ten- to forty-cubic-yard capacity. All compactor units must be approved by the director as compatible for use with departmental equipment, including road weight limitations;
5. recyclable containers. Commercial-service containers for separated recyclables are available in the same capacities as for general, mixed-solid waste. The same general conditions apply as for general, mixed-solid waste containers.
[Ord. C32940 § 4; Passed: 11/12/2001]
13.02.0340 Customers Must Use Only Approved Containers.
Customers must use only containers approved by the director for solid waste collection operations, including recyclables. The director determines which type of container and equipment is suitable for a service request. Separate vehicles are provided to collect general-mixed solid waste and source-separated recyclable materials. Where service is declined for failure to comply with this or any other provision, it does not relieve the customers obligation to pay for the service call.
13.02.0342 Owner Responsible for Containers.
Each owner or occupant is responsible thereafter for lost, damaged, stolen or missing containers. Except for containers supplied by the customer or purchased from the City, containers remain the property of the City, and when premises are vacated the container shall remain on the property or returned to the department. New owners or tenants are responsible to obtain any containers from their predecessors in interest.
13.02.0344 Containers, Equipment Furnished “As Is.”
All department-furnished automated carts, containers, dumpsters, collection vehicles or other equipment (“equipment”) supplied are furnished “as is,” without any implied or express warranties of merchantability or fitness or any other promises except to replace equipment damaged by department negligence. Claims for damage to such equipment or lids because of weather, or other circumstances not the fault of the department, are not honored. Customers are responsible to protect such equipment, lids and any associated equipment enclosures from damage or misuse to avoid unsafe conditions on the premises from such equipment, equipment tampering, improper use, storage, placement or neglect or accumulations of waste. Customers must waive all claims for loss of liability as provided herein as a condition of service being provided.
[Ord. C32773 § 6; Passed: 1/2/2001]
13.02.0346 Adequate Foundation for Collection Vehicle, Container.
For any area under a customer’s ownership or control, including driveways, alleys or any other access route, as well as the container pickup locations, customers are responsible to have a good and sufficient foundation to support departmental collection vehicle weight. Vehicle weights vary, but range between twenty and thirty tons.
13.02.0348 Customer Accepts Risk of Loss or Damage from Normal Operations.
A. As a condition of service, customers, including the property owner, must accept all risk of property loss or liability for damages accruing from service operations of department vehicles or equipment from normal operations, including container delivery, placement, use, pickup, or other weight-related impacts from container service. Any special instructions regarding placement or use of containers or service damage hazards, e.g., foundation or driveway weakness, curbs, lawn, sprinkler systems, shrubbery, storm drains, etc., must be disclosed to the department at the time of container order. This includes all conditions known to be created by the premises owner or occupant as well as any condition that, in the exercise of reasonable care, ought to have been known by the owner or occupant.
B. Except as disclosed by customer, customer agrees as a condition of accepting service to indemnify and hold harmless the City against all loss or liability from risks or claims arising from container location or placement. As a condition of service, commercial container service requires department approval and may require a signed damage release form be on file at solid waste management. Signing a damage release form acknowledges receipt and understanding of these instructions and a willingness to comply with them.
C. The department picks up properly placed an stored solid waste from the public. The customer shall at all times remain responsible to maintain tidy premises. The customer must accept all risk and responsibility for litter, unsanitary or unsafe conditions of premises, or dumping or spillage of solid waste, including illegal dumping.
[Ord. C32773 § 7; Passed: 1/2/2001]
13.02.0350 Premises Site Plan Approval for Solid Waste Collection Area Required.
Customers are responsible to obtain the advance plan approval of the director of solid waste management of all proposed waste storage areas, collection points, and customer equipment to be used. This requirement shall apply whenever new construction or remodeling occurs or whenever customer’s waste disposal needs change. Customers involved in the City building permit or plan review process remain responsible to obtain the director of solid waste management’s affirmative approval in addition to other municipal approval requirements. At all times, it remains the customer’s sole responsibility to obtain such approval, which should not be presumed. Note that for customer convenience, other parts of a building project may be approved, but solid waste approval of a site plan as required herein may not be inferred thereby.
[Ord. C32507 § 20; Passed: 11/29/1999]
13.02.0352 Commercial Container Site Location Requirements.
A. All commercial containers must be placed on a firm surface pad of concrete or asphalt at least three inches thick. Use of asphalt is discouraged. Customers are cautioned that asphalt surfaces may sink or become uneven or unserviceable. Use of asphalt is at the customer’s sole risk.
B. The surface pad for a dumpster must be at least twelve feet wide by ten feet deep inside measurements without recycling, and seventeen feet wide by ten feet deep with recycling. The surrounding site-obscuring fence must be a minimum of six feet tall, with sturdy gates. The gates must be of construction and design to rest in an open position during pickup, so they do not swing shut upon City equipment or personnel. The gate(s) must include some sort of latch mechanism to ensure the gates remain open during entry, dumping process, and exit. Said container site must have adequate lighting and any other improvements determined necessary by the director of Solid Waste Management and Spokane County Health District.
C. The container pickup location for recyclable materials must have a five feet opening for access either to the front or side. Large containers designated for large volumes of recyclables, must have screened enclosures of adequate size and dimension to contain each container. The department reviews each application and reserves the right to modify the requirements herein or impose additional requirements in the interest of safety, aesthetics and the efficient operation of the department.
D. Customers must provide access and turning space for departmental vehicles. These requirements include:
1. Space for a collection vehicle turning radius of a minimum of forty-five feet or equivalent vehicle clearance or access if the collection vehicles performs a hammerhead maneuver. As used herein, the term “hammerhead” defines a back up pattern of a collection vehicle in the shape of the letter “T.”
2. Collection vehicle backup allowance requirement of fifty feet.
3. Enclosures housing containers must include space to allow an approach for department collection vehicles sufficient for vehicle ingress and egress. Because this is a site-specific determination by the department, all customers must obtain specific written approval from the director before construction begins.
4. A sturdy, reliable backstop is required to prevent damage to back enclosure wall.
5. All collection vehicle access routes must have at least fourteen feet vertical height drive clearance. Dump clearance is greater. Customers are required to remove any vertical height lines or obstacles.
6. All maneuvering must be done on site. No backing out onto streets.
E. An apron or curb cut must be available or provided for departmental sue, provided at the customers’ expense. Department collection vehicles are not designed to “jump” curbs. Where such maneuver occurs as a result of customer failure to provide proper apron or curb cut for vehicle access, the customer is responsible for any damage caused and must pay all costs of curb replacement and repair.
F. Nothing may be stored in the enclosure other than city-owned containers. This includes grease buckets, loose cardboard, or pop and milk crates. The City will not repair any damages incurred to an enclosure when it is improperly used for storage.
G. Rolloff Requirements. Rolloff containers are placed after an onsite inspection to insure that space requirements are fulfilled. Generally, a container will not be placed in the street, in the parking strip on the sidewalk. If a customer requires a temporary container to be placed in a parking strip, an obstruction permit must be obtained from and receipt confirmed by the construction services division or equivalent office at (509) 625-6300 prior to delivery.
H. No permanent dumpster will be delivered until all conditions are met. A certificate of occupancy or other departmental approval likewise will not be signed until onsite inspection confirms compliance with this chapter. At all times, it remains the customer’s sole responsibility to obtain such approval, which should not be presumed. Note that for customer convenience other parts of a building project may be approved, but solid waste approval of a site plan as required herein may not be inferred thereby.
[Ord. C32940 § 5; Passed: 11/12/2001]
13.02.0354 Container Weight Limits.
Maximum permissible container weight, meaning total gross weight of loaded container, including the container and contents, in pounds, is:
A. Residential.
1. regular thirty-two-gallon garbage can: eighty-five pounds,
2. twenty-gallon and thirty-two-gallon automated carts: two hundred fifty pounds,
3. sixty-eight-gallon automated carts: two hundred fifty pounds,
4. ninety-five-gallon automated carts: two hundred fifty pounds,
5. recycling bin: fifty pounds.
B. Commercial.
1. one-cubic-yard dumpster: five thousand pounds,
2. two-cubic-yard dumpster: five thousand pounds,
3. three-cubic-yard dumpster: five thousand pounds,
4. four-cubic-yard dumpster: five thousand pounds,
5. six-cubic-yard dumpster: five thousand pounds,
6. twenty-cubic-yard rolloff: twenty thousand pounds,
7. thirty-cubic-yard rolloff: twenty thousand pounds,
8. small compactor, from two-cubic-yard capacity, up to six cubic yard: six thousand pounds,
9. large compactor, from ten to forty cubic yards: twenty thousand pounds.
[Ord. C32940 § 6; Passed: 11/12/2001]
13.02.0356 Special Arrangements for Loads in Excess of Ten Tons.
In addition to container weight limits, customer must make advance application, in writing, for hauling needs in excess of ten tons net weight. Customer shall be held responsible for all loss or liability arising from failure to make proper advance arrangements with the City. Additionally, customer shall pay all damages, costs, expenses, fines or penalties, including tickets issued to the City for overweight vehicles, which arise out of customer failure to make proper advance arrangements.
13.02.0358 Minimum Service – Multi-Unit Dwellings.
A. Premises with multi-unit dwellings must accept solid waste collection services for at least one thirty-two-gallon automated cart or equivalent container capacity per dwelling unit per week. Subject to this minimum, a customer may use thirty-two-gallon automated carts or select from container choices available from the department sufficient for the premises’ weekly needs.
B. Premises with multi-unit dwellings served by a single water meter may not elect separate billings for individual dwelling units or groups of units. Such premises must accept single-account billing through a combined City utilities bill for the entire premises unless other arrangements are approved in writing by the director.
[Ord. C32507 § 23; Passed: 11/29/1999]
Cross Reference: SMC 13.02.0122.
13.02.0360 Limit on Twenty- and Thirty-Two-Gallon Cart Rate Use.
A. Twenty-gallon automated cart service is available only upon approved application therefore. The intent of allowing twenty- or thirty-two-gallon automated cart service is to promote and encourage source separation of recyclables from the general-mixed solid waste stream and improved participation in the department’s recycling programs. Because solid waste collection costs are a function of weight and volume, twenty- or thirty-two-gallon automated cart rates are not available for customers who use compactors.
B. Absent showing to the contrary, single-family residences are presumed to generate a volume of one sixty-eight-gallon automated cart of general-mixed solid waste per week. Twenty-gallon automated cart service is only available to customers consistently generating twenty gallons or less container capacity of solid waste weekly, as determined by the director. Thirty-two-gallon automated cart service is only available to customers consistently generating thirty-two gallons or less container capacity of solid waste weekly, as determined by the director.
[Ord. C32507 § 24; Passed: 11/29/1999]
13.02.0364 Unacceptable Wastes.
A. Departmental collection operations are intended to collect normal household and business wastes. No person may deposit or relinquish for collection or disposal any unacceptable wastes. “Unacceptable wastes” are generally identified under general standards and with a specific list. Customers are encouraged to contact the solid waste management department in advance at (509) 625-7878 with any questions or to make special advance arrangements.
B. General standards.
1. Unacceptable wastes include infectious wastes, as identified in SMC chapter 10.35. Further included are any wastes which are of extreme temperatures, harmful vapors, the presence of corrosive, flammable, explosive or toxic chemicals, or any materials with physical or other properties which render collection operations hazardous, or which create a risk to the public health and safety, to the health or safety of departmental employees or of damage to departmental collection vehicles or equipment. The director may declare any wastes unacceptable and may cause to be published a list of unacceptable wastes in the Official Gazette.
2. Customers engaged in manufacturing or commercial pursuits who are or may be a source of unacceptable waste must notify the director with full details and information. Such customers must make special arrangements prior to deposit or commingling said materials with other solid waste for collection. The department accepts household hazardous wastes at any transfer facility or the waste-to-energy plant.
C. Specific list. In addition to wastes with general characteristics described above, unacceptable wastes include:
1. liquid wastes, both bulk and containerized, exceeding a volume of one gallon, unless specific advance arrangements are made with the department;
2. any materials regulated by the State of Washington Department of Ecology as dangerous under WAC chapter 173-303, or as hazardous wastes by the United States Environmental Protection Agency under 40 CFR, applicable parts;
3. any equipment or machinery used for refrigeration; provided, the department will accept household refrigerators from residential premises. Additionally, for nonresidential customers, this prohibition does not apply if the refrigerant has been properly removed by the customer;
4. improperly wrapped or secured wastes which emit noxious, foul odors to disturb or annoy a reasonable person. Such wastes would include, as examples, quantities of manure, offal or other such noxious materials not securely wrapped or secured.
5. Animal remains in an amount over fifteen pounds are prohibited from disposal in the waste stream by Spokane County Health District regulations. Animal remains fifteen pounds or less must be separately and securely bagged as a condition of acceptance. For larger animals, customers may contact the department for special arrangements at (509) 625-7878, a rendering service, or Spokanimal at (509) 534-8133.
D. Northside Landfill MFS limits. With prior approval, certain wastes may be accepted at the northside landfill at locations or cells as designated by the director, under terms and conditions determined by the director. The director may consider either general or specific standards heretofore set forth. The director may consider TCLP test criteria, in addition to Washington State Department of Ecology dangerous waste regulations and U.S. EPA hazardous waste regulations and considering the need to avoid leachate risks because leachate from the waste (as produced by U.S. EPA toxicity characteristic leaching procedure) exceeds pretreatment standards as established by the Spokane Wastewater management department or for any other reason.
Cross Reference: Spokane County Health District Solid Waste Rules and Regulations, adopted August 18, 1988, SMC 11.06.200.
13.02.0366 Unacceptable Wastes – Special Arrangements – Additional Charges.
Unacceptable wastes may not be deposited, commingled or otherwise incorporated, directly or indirectly, into solid waste left for department pickup or collection, or delivered to a City-owned facility (landfill, transfer station or waste-to-energy plant), unless by advance arrangements, approved in writing. The director may impose additional charges as a condition of special handling or disposal requirements for unacceptable wastes or other additional costs. Additionally, any costs for damages or injury accruing from collection or disposal operations may be billed as an additional service to the generator or owner or occupant of the generating premises, without limitation on the City’s right to recover from any other responsible person.
13.02.0368 Collection Service Stopped for Enforcement Reasons.
A. Collection service may be stopped, suspended, or conditioned by the department to any premises for noncompliance with this chapter or with any regulation or order of the director. Reasons for such action include:
1. nonpayment of charges billed or accruing to an account,
2. obstruction or obstacles to convenient and easy access for collectors, collection vehicles and equipment,
3. improper container placement,
4. container not in proper pickup location,
5. improper or damaged container,
6. improperly loaded container or container overload,
7. hostile animal or persons, or
8. unacceptable wastes. The intent here is to express examples rather than a complete list.
B. Stopping or suspension of service also renders the premises affected subject to condemnation or other enforcement action, as a public nuisance, for sanitary reasons and subject to exercise of municipal power to abate a public nuisance at the risk and expense of the owner of the premises and/or other responsible persons, with or without notice, in addition to enforcement action by the Spokane County health district, code enforcement division, or other jurisdictional agencies.
13.02.0370 Charges Continue.
In the event collection service is suspended or halted for nonpayment or other enforcement reason not the result of departmental error or fault, all charges for regular collection services for said premises shall continue to accrue, without reduction of charges, and as if regularly scheduled collection for said premises were accomplished, or a minimum service-call charge will be assessed and will continue to accrue against the premises, based upon the regular service needs estimated by the director. The intent of this provision is to encourage customers, owners and occupants to accept the continuing obligation to make proper arrangements for collection of solid waste generated or accumulating on their premises and considers that collection vehicles and labor still must pass by affected premises, and collection service would continue to be provided and continues to be available to the affected premises but for a failure to perform obligations under this chapter.
Article IV. Recycling
13.02.0400 General Rules Apply to Recyclable-Collection Operations.
Unless specifically otherwise indicated, all requirements applicable to general solid waste department service apply to recyclable-materials collection operations.
13.02.0402 Recycling Containers to be Used.
A. Containers for recycling-collection service must be approved by the director as sufficient and suitable to serve the generating premises needs, consistent with departmental operations and convenience. Approved containers are bins or automated carts. The automated carts containing recyclable materials are a distinctive color (blue) from the carts used for general-mixed solid waste (brown), and from the carts used for clean green yard waste (green). Larger volume customers may also use commercial-size containers, upon approved arrangements with the department.
B. For residential-use premises, the department supplies one initial bin. Where the director determines need is sufficient, an initial automated cart for recyclables will be supplied instead of bins at the rate provided in SMC 13.02.0336. Anyone requesting an additional bin will be charged for a replacement, except customers of premises served by residential containers may receive up to two additional recycling bins to be used for the recycling program.
[Ord. C32940 § 7; Passed: 11/12/2001]
13.02.0404 Recycling – Residential-Use Premises – Nonresidential-Use Premises.
A. The department is required to offer minimum levels of residential curbside recycling collection service to all residential-use premises, consistent with the requirements of RCW chapter 70.95 and the Spokane solid waste management plan to encourage recycling and reduce the amount of waste generated. All materials shall be source-separated by the customer as a condition of acceptance. For premises using residential style automated cart or equivalent service, a minimum recycling service of one recycling bin is mandatory and will be charged whether or not used. This fee is already included in the basic monthly billing for regular solid waste service.
B. Residential-use premises wanting recycling service beyond the minimum described in A, and nonresidential-use premises, may choose to receive service with or without additional recycling. All customers are encouraged to participate in the department’s recycling program. In addition to participation in the residential recycling program, for nonresidential-use premises, the department offers reduced rates for source-separated recyclables.
C. Recyclable collection service for rolloff containers is charged as provided in SMC 13.02.0550.
[Ord. C32940 § 8; Passed: 11/12/2001]
Cross Reference: SMC 13.02.0550, 13.02.0552; art. V.
13.02.0406 Materials Included in Residential Curbside Recycling Collection.
Materials in the residential curbside program are subject to change, upon order of the director, depending upon market conditions and other variables. Materials included in the residential curbside program at this time are:
A. Newsprint. Any and all daily or periodical newspaper and all that is included with it is acceptable. Newspapers are not to be wet, except due to weather conditions incidental to collection, dirty or otherwise contaminated with any foreign substance or liquid. Newspaper can be put in paper bags or bundled. They are to be placed along one side of the bin or on top of the other materials and secured from blowing or scattering.
B. Aluminum Cans. Aluminum beverage cans of all sorts are acceptable, as are aluminum pet food cans or other similar cans. Cans are to be drained of all liquids and free of all food residue. Aluminum containers are to be flattened, when possible, with plastic and paper labels discarded. No other aluminum material will be collected.
C. Tin Cans. Tin food containers of all sorts. Cans are to be drained of all liquids and cleaned of all food residue. Preferably tin cans are to have both tops and bottoms removed and the ends placed inside flattened can. Round bottom cans are to have tops placed inside with the top half flattened. Paper and plastic labels are to be discarded. No other metal material will be collected.
D. Glass Bottles and Jars. All types of glass beverage bottles and glass food jars, brown, green and clear. All glass bottles and jars are to be drained and free of all food or organic substance. Lids and caps are to be discarded. All glass containers placed in the recycling bin are not to be broken or cracked and be without any sharp edges. No other type of glass will be collected.
E. Plastic Containers. All plastic bottles or jugs identified as polyethylene terephthalate (PETE) or code 1 plastics, and all uncolored plastic bottles or jugs identified as HDPE code 2 plastic. All containers are to be drained and free of all foreign substance. They are to have their caps and lids discarded and be flattened. No automotive containers or other types of plastics will be collected.
F. Household and Automotive Batteries. Both button cell and household batteries of all sorts and types up to and including standard twelve-volt vehicle batteries. Household batteries are to be placed in a sealed transparent plastic bag. The plastic bag is to then be placed on top of the other material in bins. Vehicle batteries are to be placed next to rather than in the bin.
G. Corrugated Cardboard and Brown Paper Bags. Corrugated cardboard and brown or “kraft” paper bags only. Does not include waxed or chipboard cardboard, such as cereal or shoe boxes. Cardboard shall not be contaminated with oil, grease, or any food residue.
H. Magazines. Any and all types of daily or periodical magazines will be accepted. Magazines are not to be wet, dirty or otherwise contaminated with any foreign substance or liquid. Magazines can be put in brown paper bags or bundled, and can be placed in or along side of bin.
13.02.0408 Materials Included in Nonresidential Recycling Collection.
Materials in the nonresidential program are subject to change, upon order of the director, depending upon market conditions and other variables. Materials included in the nonresidential program at this time are:
A. Corrugated Cardboard. Defined as corrugated kraft cardboard only, with no waxed or chipboard cardboard being acceptable. Cardboard is not to be contaminated with oil, grease, or any food residue.
B. Mixed Office Pack Paper. Includes all types of computer paper, white and colored copier paper, envelopes, fax paper, brochures, file folders, manila envelopes, direct mailings, magazines, newspapers and corrugated cardboard. Mixed office paper is not to include waxed or plastic coated papers, tapes and pressure-sensitive labels.
13.02.0410 Materials Accepted for Recycling at Transfer Station or Waste-to-Energy Plant.
Materials included in either residential or nonresidential service are accepted at transfer stations or the waste-to-energy plant for recycling.
13.02.0412 Recyclable Materials to be Prepared for Convenient Collection.
The integrity and efficiency of the City’s recyclable collection program depends upon customer cooperation. Materials not prepared properly will be left. Materials are to be clean and free of all food residue, organic or foreign substance. All containers are to be placed in the recycling bin. Metal, aluminum and plastic containers are to be flattened. Recycling bins containing materials prepared incorrectly may result in all of the materials being left, especially broken glass. Not by way of limitation, an overload, cleanup or extra work fee may also be assessed for overloaded or improperly loaded containers.
[Ord. C32058 § 6; Passed: 12/15/1997]
Article V. Rates
Part 1. Residential and Commercial Rates
13.02.0500 Residential Monthly Rate – Weekly Service.
A. Rates are stated for monthly billing, with once weekly collection. Rates include all taxes imposed on the department. Taxes imposed on the customer are not included, but added on to the rates specified herein.
B. Automated carts are billed on a per-each basis. Example: Every sixty-eight-gallon cart, dumped one time each week, is billed at $21.88 per month. A second sixty-eight-gallon cart at the same location, also dumped one time each week at the same time/same trip, is also billed at $21.88 per month. Customer would pay $43.76 per month for this garbage service. Multiple carts will be dumped on the same day/same trip unless excepted by the director.
C. Where service is provided more frequently than weekly or customer requests additional pickup, monthly rate is multiplied by number of collections per week.
Example: if once weekly pickup for sixty-eight-gallon automated cart customers is $21.88 and the customer requests the premises be serviced three times weekly, the monthly rate is three times $21.88 or $65.64. Recycling service is provided for residential service and rates include recycling service. The department determines the number of recycling bins needed to support each premises.
D. For Planned unit developments (PUD) or similar areas with free standing residences billed as a single utility account as one customer, the level of service is set annually and billed thereafter in equal monthly installments. The monthly bill is established as follows:
1. All occupied residences are included as generating solid waste. For purposes of this section, “occupied” means as stated in SMC 13.02.0300(A).
2. Each year in June, or other month as set by the director, a count of occupied residences is established by the department.
3. The number of automated carts determined necessary for an adequate service level is then set, based upon the number of occupied residences, with a ten percent deduction to offset seasonal fluctuations.
4. This method recognizes that from month to month the number of actually physically occupied units may fluctuate within the entire PUD. Because of the nature of the one customer account billing however, no credit or offset in billing practices can be made for temporary vacancies. The occupancy level for billing purposes is established annually. Any adjustments are subject to the director’s approval, provided no payments or adjustments are made with individual residences, considering the entire PUD account is billed as a single account.
[Ord. C32940 § 9; Passed: 11/12/2001]
13.02.0502 Residential Service Rates.
A. Rates are stated for monthly billing, based upon the capacity, number of containers, and rollout distance. Single-family residential premises or equivalent are presumed to require service of at least a one sixty-eight-gallon automated cart. Thirty-two-gallon automated cart service is available upon request.
B. Rates include all taxes imposed on the department. Taxes imposed on the customer are not included in rates stated, but added on to the rates specified herein.
C. Adjacent Service. Container pickup location is up to six feet from vehicle access point for automated service or twelve feet from the collection vehicle access point for semiautomated service areas. For semiautomated service, automated carts more than twelve feet from the pickup location will be charged for rollout at rates specified hereafter.
20 gal. automated cart service:
$11.19
32 gal. automated cart service:
$14.46
68 gal. automated cart service:
$22.32
95 gal. automated cart service:
$30.18
D. Debris extending above the top of the automated cart such that the lid is at or above a forty-five-degree angle will be charged at a rate of $2.94.
E. Rollout service more than six/twelve to fifty feet. Container pickup location is more than six feet for automated service or twelve feet for semiautomated service, up to and including fifty feet from collection vehicle access. Rollout is on a per automated cart basis. The fee for this service is $11.16 per month.
F. Rollout service more than fifty to one hundred feet. Container pickup location is more than fifty feet, up to and including one hundred feet from collection vehicle access. Pack out is on a per automated cart basis. The fee for this service is $22.32 per month.
G. Rollout service more than one hundred to one hundred fifty feet. Container pickup location is more than one hundred feet, up to and including one hundred fifty feet from collection vehicle access. Pack out is on a per automated cart basis. The fee for this service is $33.48 per month.
H. Rollout service more than one hundred fifty to two hundred feet. Container pickup location is more than one hundred fifty feet, up to and including two hundred feet from collection vehicle access. Pack out rate is on a per automated cart basis. The fee for this service is $44.64 per month.
I. Occasional, infrequent extra waste material (boxes, bags, cans, carts, etc.) which can be readily loaded by hand and when placed at curb or alley, will be taken and charged as additional units at $2.94 per unit for adjacent service as above defined, and $3.94 per unit for all rollout service categories. Regular extra waste will require service upgrade to a larger service category. Cart charges are based on actual cart size multiplied by the base per unit piece. Extra automated-cart dumping charges are as follows:
32 gal. cart:
$2.94
68 gal. cart:
$5.88
95 gal. cart:
$8.82
Contaminated recycling bingie:
$2.94
Contaminated yard cart:
$8.82
J. Overweight containers. For residential service, those containers in excess of maximum allowed weight as referenced in SMC 13.02.0354(A), are subject to an overweight charge of $2.94 per container, if accepted. For purposes of assessing an overweight cart or container charge, the good faith estimation of the solid waste collector shall be sufficient to support the charge, absent further information, considering that such employees handle a high volume of carts and containers with regularity and are familiar with standard cart and container weight limits prescribed herein. In practice, for an overweight container charge, the assessment generally arises where the solid waste collector requires assistance.
[Ord. C33361 § 2; Passed: 12/22/2003]
Cross Reference: SMC 13.02.0360(B).
13.02.0504 Commercial Service Rates – Dumpsters.
Rates are stated for monthly billing, for noncompacted solid waste.
A. Dumpster service is provided through front end or rear load dumpsters. In addition to the flat container placement charge, the base rate for dumpster service is $16.04 per cubic yard.
B. The rates for one cubic yard dumpster service are:
1 dump per week:
$69.46
2 dumps per week:
$138.92
3 dumps per week:
$208.38
4 dumps per week:
$277.84
5 dumps per week:
$347.30
C. The rates for two cubic yard dumpster service are:
1 dump per week:
$138.92
2 dumps per week:
$277.84
3 dumps per week:
$416.76
4 dumps per week:
$555.68
5 dumps per week:
$694.60
D. The rates for three cubic yard dumpster service are:
1 dump per week:
$208.38
2 dumps per week:
$416.76
3 dumps per week:
$625.14
4 dumps per week:
$833.52
5 dumps per week:
$1,041.90
E. The rates for four cubic yard dumpster service are:
1 dump per week:
$277.84
2 dumps per week:
$555.68
3 dumps per week:
$833.52
4 dumps per week:
$1,111.36
5 dumps per week:
$1,389.20
F. The rates for six cubic yard dumpster service are:
1 dump per week:
$416.76
2 dumps per week:
$833.52
3 dumps per week:
$1,250.28
4 dumps per week:
$1,667.04
5 dumps per week:
$2,083.80
[Ord. C33120 § 5; Passed: 12/9/2002]
13.02.0506 Commercial Service Rates – Rolloffs.
Rolloff service is provided through twenty- or thirty-cubic-yard containers furnished by the department. In addition to the flat container placement charge, rolloff rates are computed as the sum of a pickup hauling fee plus a disposal fee computed by weight at the time of disposal. The pickup hauling fee is $113.36 for loose solid waste and $134.14 for compacted solid waste. Minimum charge is one haul per month unless the director determines weekly service is necessary because of inclusion of putrescible materials.
[Ord. C32940 § 12; Passed: 11/12/2001]
Cross Reference: Art. V, part 3. Disposal Rates.
13.02.0508 Commercial Container Service – Placement – Monthly Rate.
A. For all commercial capacity containers, a flat $24.00 replacement charge is billed to the customer’s city utility account when the container is placed. To avoid container damage, location changes are to be made by the department. Where customer needs require the container be moved, an additional $24.00 container placement charge is assessed. A delivery charge accrues for cancellation of a container delivery request on less than twenty-four hours’ notice. For regular customers, the delivery charge may be waived.
B. An additional service call charge is assessed if the collection vehicle must return to dump a container that had been scheduled and not dumped for any reason not of the department’s responsibility. If the collection vehicle is required to move/pull out a front load (one to six cubic yard) container for the dump, a $24.00 “pullout” fee is charged in addition to the disposal/dump charge. Accepting delivery of the dumpsters includes acceptance of these additional charges where the department determines necessary.
C. If the driver must exit the truck to open an enclosure gate, a fee of $12.14 may be assessed.
D. Once a container is placed, billing continues until the container is removed from the property by the department.
[Ord. C33361 § 3; Passed: 12/22/2003]
13.02.0510 Compactor Service Rates.
A. Where the customer supplies the compactor unit for disposal, the charge is $32.08 per cubic yard of a container; provided, that where the director determines an account should not be billed by cubic yard (e.g., as with rolloff boxes), an account will be billed for services in accord with the otherwise applicable rate schedule; e.g., the applicable tipping fee rate. Compactors with putrescible materials, as determined by the director, must be emptied weekly.
B. Preparation of a compaction unit in order to ready it for dumping is the responsibility of the customer. This includes any lines, latches and handles, and wheeling it into position for dumping by city equipment. A $24.00 fee is assessed if any part of the container preparation is done by city personnel.
C. Compacted waste is charged according to the time consumed and volume when placed in a customer-owned container. All other compacted solid waste, bales, etc., may be charged by volume, weight or time to load at the department’s discretion.
[Ord. C33361 § 4; Passed: 12/22/2003]
13.02.0512 Return Trip Charges.
A. A return trip charge accrues where a collection vehicle (general solid waste or recycling) passes a premises and must return to collect materials for any reason except department fault or error. Reasons include failure to have container properly prepared for pickup, at the required container pickup location, at the required time, or failure to remove obstacles to department vehicle access. A return trip or service call charge is also assessed for customer-requested container deliveries, container retrievals or trips resulting from a customer’s special handling needs, as determined by the City.
B. The charges are:
1. Automated cart service or recycling container: $10.16 (2001) per stop.
2. Commercial container dumpster service: $24.00 (2001) per stop.
3. Commercial container rolloff service: $24.00 (2001) per stop.
C. Return trip charges are in addition to service call charges. Where collection does not occur for any reason not the fault or error of the department, the regular collection charges accrue to the premises. This does not include the tonnage or weight charge added to rolloffs.
[Ord. C32773 § 16; Passed: 1/2/2001]
13.02.0514 Additional Charges for Commercial Containers.
A. Debris extending above the top of the container will be charged at a rate of $16.04 per cubic yard for permanent-use containers. Temporary-use dumpster customers are charged at the temporary yardage rate of $25.64. Minimum fee is for one cubic yard.
B. Onsite labor charge, where collection crew is delayed by site conditions and/or must supply additional site clean up labor or other services, e.g., where container contents are spilled due to overfill, loose lid, or other conditions, or where access is blocked by debris: $24.00 per fifteen-minute increment, with a minimum charge of $24.00.
C. When City personnel are required to adjust the materials on an overloaded container; a labor or preparation fee is assessed, based upon time needed. The minimum charge is $24.00 per fifteen-minute increment or part thereof, with a minimum charge of $24.00.
[Ord. C33120 § 7; Passed: 12/9/2002]
13.02.0516 Container Replacement Charges.
The first container supplied to a premises, is furnished free of charge. The customer is responsible to replace lost, damaged or missing containers, however, and replacement costs are:
A. Automated carts, for general solid waste or recycling
20 gal. automated cart
$41.40
32 gal. automated cart
$67.28
68 gal. automated cart
$77.63
95 gal. automated cart
$87.98
:
B. Recyclable materials bins: $5.18.
C. Dumpsters, Front or Rear Load. The department will consider a reduced charge for used or depreciated dumpsters, with a minimum charge of $100.00. Unless reduced, charge for a dumpster is:
Rear load
Front load
1 cu. yd.
$294
$415
2 cu. yd.
$335
$415
3 cu. yd.
$757
$480
4 cu. yd.
$745
$497
6 cu. yd.
$940
$865
D. Rolloffs. The department will consider a reduced charge for used or depreciated rolloffs, with a minimum charge of $250.00. Unless reduced, charge for a rolloff is:
20 cu. yd.
$4,208
30 cu. yd.
$4,630
40 cu. yd. standard
$5,202
[Ord. C32940 § 16; Passed: 11/12/2001]
13.02.0518 Container Cleaning, Pressure Wash, Refurbishment Charge.
A. Pressure Washing. General container cleaning service may be provided on a time and materials basis, whenever requested or ordered by the department. Pressure washing rates are $36.96 for a front load container, and $73.92 for a rolloff container. Residential cart cleaning fees are: thirty-two-gallon, $10; sixty-eight-gallon, $15; ninety-five-gallon, $20.
B. Refurbishment. When a customer discontinues service or a container otherwise needs a thorough cleanout because of customer request or departmental order, the department assesses a refurbishment fee. The department may use an independent contractor or assess a time and materials fee. Current charges by the contractor, subject to change, are:
Container size
Refurbish charge
1 yd.
$ 130
2 yd.
$ 140
3 yd.
$ 150
4 yd.
$ 160
6 yd.
$ 180
20 yd. dumpster only
$1,241
30 yd. dumpster only
$1,406
40 yd. dumpster only
$1,550
Screen lids
$1,406
Solid lids
$1,504
[Ord. C33120 § 8; Passed: 12/9/2002]
13.02.0520 Temporary Account.
A. Some premises needs may increase or arise on a temporary basis, such as construction, remodeling, demolition, or other short-term events. Customer requests for temporary accounts may not exceed one hundred twenty days with any calendar year period. After that time, any temporary container may be removed from the premises after notice or attempt to notify the customer or owner, by the department.
B. Use of a temporary container does not displace regular solid waste service for ongoing premises needs, which must continue to be accepted. Regular solid waste generated by premises is not permitted in temporary containers. Where the director determines premises needs exceed one hundred twenty days, or it appears there may be putrescible materials accumulating, regular mandatory weekly service provisions apply.
C. Rates for temporary service shall include the delivery charge specified in SMC 13.02.0508, plus:
1. Dumpster service, 1 – 6 cu. yd. containers:
Flat daily charge (rental fee):
$1.85
Plus appropriate disposal fee based on size of container.
2. Rolloff service, 20 or 30 cu. yd. containers:
Flat daily charge:
$3.70
Load haul fee (per load):
$113.36
Weight fee:
As provided in SMC 13.02.0560
Rental fee does not include 8.1 percent Washington state sales tax.
[Ord. C33120 § 9; Passed: 12/9/2002]
13.02.0522 Container Dump Requests.
Phone (509) 625-7956 for temporary dump service and (509) 625-7955 for permanent dump service. All requests for dumps require one business day advance notice. While the department will always attempt to work within the customer’s schedule, time of day requests cannot be guaranteed. A temporary container must be dumped at least once per month, except if a container contains food, vegetable, animal or other putrescible wastes, the City requires dumping at least weekly.
[Ord. C32507 § 35; Passed: 11/29/1999]
Cross Reference: SMC 13.02.0300, 13.02.0334(B).
13.02.0524 Baled Refuse.
Baled refuse will be charged on a size and weight basis. An extra charge will be made if the City furnishes the equipment to load the bales. As used herein, “baled” means preparing materials for collection (usually cardboard) by baling or tying together in a manner which facilitates handling.
[Ord. C32314 § 3; Passed: 12/7/1998]
13.02.0526 Special Handling.
Special loads to be removed at customer request or through code enforcement clean-up action are charged based upon weight, time, travel, labor and equipment. Also considered is the accessibility of labor and equipment to the project, difficulty of the work, and any other business factors.
[Ord. C32314 § 3; Passed: 12/7/1998]
13.02.0528 Rates for Equipment and Labor – Packer and Nonpacker Trucks.
A. Department vehicle and labor service is supplied with two kinds of vehicles: single axle nonpacker trucks, tandem axle packer trucks. Disposal fees are charged in addition to equipment and labor charges. Regular garbage collection vehicles are also called “packer” trucks because they operate with a compaction facility that pushes or packs in waste. For some disposal needs, such as odd shaped debris or materials, regular open bed trucks are more suitable, said vehicles also referenced as “nonpacker” trucks. Department packer trucks are all larger tandem axle design. Department nonpacker trucks are all smaller single axle design. Distinguished from this service is rolloff service, where a rolloff box is loaded by the customer, rather than with department labor. See SMC 13.02.0506.
B. Hourly Rates.
30 min.
45 min.
1 hour
1. Nonpacker, single axle
Truck and driver
$39.24
$58.86
$78.48
Each extra person
$16.34
$24.51
$32.68
Minimum service charge under this subsection is $19.62.
2. Tandem axle truck, driver and loader
$54.50
$81.75
$109.00
Minimum service charge under this subsection is $27.25.
C. In addition to the labor and equipment charges, there is added to subsection (B) of this section a charge for waste disposal, based on $98.00 per ton when delivered to the waste-to-energy plant. Minimum disposal charge will be $24.50 (one-quarter of $98.00) if delivered at the waste-to-energy plant. Fees at the Colbert and Sullivan Road transfer stations are $5.00 per ton more, to help pay the costs associated with moving the tonnage to the regional waste to energy facility.
D. Overtime Periods. When a customer requests service on Holidays, Saturdays, or Sundays or other overtime periods, an additional charge equal to the total labor paid plus the normal hauling fee shall apply.
[Ord. C33120 § 10; Passed: 12/9/2002]
13.02.0530 Small Animal Remains.
The charge for picking up animal remains (up to twenty pounds) is $41.65. A $6.42 billing fee is added for preparation of a bill.
[Ord. C32940 § 20; Passed: 11/12/2001]
Cross Reference: SMC 13.02.0364(C)(4).
Part 2. Recycling Rates
13.02.0550 Rolloff Recycling Rates – Customer Arrangements.
Recyclable collection service for rolloff containers is charged at the rate of fifty percent of general mixed solid waste haul rate. Additionally, the customer may make arrangements to receive payment for the recyclables from the destination purchaser of the recyclables. Such arrangements are the customer’s sole and exclusive responsibility.
[Ord. C32940 § 21; Passed: 11/12/2001]
Cross Reference: SMC 13.02.0404.
13.02.0552 Recycling Rates – Nonresidential Premises – Additional.
A. In addition to the residential recycling program, customers not otherwise participating may request recycling service of any and all materials accepted in the curbside program under the following rates:
20 gal. cart
$5.03/mo.
32 gal. cart
$5.78/mo.
68 gal. cart
$8.81/mo.
95 gal. cart
$12.07/mo.
B. Collection of source-separated office pack paper and corrugated cardboard is available at the following rates:
Office Pack
Cardboard
1 yd. dumpster
$25.26/mo.
$24.50/mo.
2 yd. dumpster
$45.46/mo.
$25.50/mo.
3 yd. dumpster
$56.82/mo.
$25.50/mo.
4 yd. dumpster
$65.68/mo.
$25.50/mo.
6 yd. dumpster
$83.34/mo.
$25.50/mo.
C. Rollout rates, including packouts for recycling bins, are available at the same increment and percentage of increase as the general mixed solid waste rate (one-half of standard sixty-eight-gallon refuse rate for each fifty feet, for items not within six feet of pickup location. Cross reference: SMC 13.02.0502.
D. Loose yardage recyclables – Collection rates/hour (hand loaded)
30 min.
45 min.
1 hour
1. Single Axle Truck and Driver
$15.68
$23.52
$31.36
Minimum service charge under this subsection is $15.68.
2. Tandem Axle Truck and Driver
$20.78
$31.17
$41.56
Minimum service charge under this subsection is $20.78.
3. The department also retains any proceeds from sale of recyclables.
:
E. The director of solid waste management reserves the right to deny service to any office paper generator that does not meet a minimum standard of paper quality (as determined by the director’s evaluation of market needs).
[Ord. C33120 § 11; Passed: 12/9/2002]
13.02.0554 Clean Green Yard Waste Collection.
A. Any customer may apply to the department for collection of “clean green” yard waste. Participation is voluntary. To be accepted as “clean green” yard waste, material must consist of grass, leaves, pine needles, pine cones, thatch, vines, weeds and branches or other such fresh yard waste type material, not putrefied. Woody material must be no more than three inches in diameter and not extend outside the approved collection container. Material may be bundled next to the container not to exceed six feet in length. Total gross cart weight may not exceed three hundred pounds.
B. In addition to subsection (A) of this section, customers are cautioned that “clean green” yard material may not contain any of the following: sod (beyond small amounts), rocks, dirt, gravel, concrete, glass, metal, plastic, kitchen waste, animal feces, paint residue, Christmas or holiday decorations, paper, flocking, dimensional lumber, stumps/roots. A load is further not considered clean green if it emanates a strong odor, detectable by an ordinary person at a distance of thirty feet. Loads submitted not acceptable as clean green will be left by clean green collection crews and must be handled as a category solid waste. The rate shall be as for a ninety-five-gallon automated style container, as set in SMC 13.02.0502.
C. The collection day for clean green yard waste shall be on a weekly basis, on the same day as the customer’s regular solid waste collection. Service is provided only in ninety-five-gallon carts supplied by the department.
D. The service is billed and payable monthly, as follows:
1. March – November: $12.00 per month;
2. December – February: no charge;
3. Extra dump: $2.80 each;
4. Yard waste cart packout charged at same rate as refuse (one-half of standard sixty-eight-gallon refuse rate for each fifty feet, for items not within the six feet of pickup location.)
E. There is no container delivery charge for the first delivery to a given customer. Thereafter, the redelivery charge is $24.00. The container pickup fee is $24.00 if requested within the same calendar year as the initial delivery. The customer is responsible for the cost of cart replacement in case of loss or damage.
[Ord. C33361 § 5; Passed: 12/22/2003]
Part 3. Disposal Rates
13.02.0560 Disposal Rates – General Mixed Solid Waste – Tonnage Fee.
For solid waste delivered to a City disposal facility (landfill, transfer station or waste-to-energy plant), the following charges shall be made:
A. Minimum charge of $7.00 per vehicle (for a load up to one hundred forty pounds); thereafter charged at a rate of $98.00 per ton.
B. Ninety-eight dollars per ton for debris to be placed in lined landfill.
C. Fifty-seven dollars and ninety-four cents per ton for debris to be placed in unlined landfill.
D. Sixty-three dollars and seventy cents per ton for waste from nonprofit generator accounts; provided:
1. Such generators identify themselves as IRC section 501(c)(3) approved nonprofit enterprises or similar proof of qualification to the department; and
2. The waste is the product of the nonprofit business activities, which include waste reduction or recycling as a major component of their operations.
E. One hundred sixty-five dollars per ton for waste requiring special handling, as determined by the director of the Spokane regional solid waste system.
F. One hundred three dollars per ton for general mixed solid waste delivered to transfer stations by state certified haulers other nongenerator haulers, or commercial business generators.
[Ord. C32940 § 24; Passed: 11/12/2001]
13.02.0562 Disposal Rates – Compost.
Compost consisting of clean green yard waste: first one hundred pounds free. Additional clean green yard waste accepted at $35.00 per ton, prorated by weight thereafter. This program is subject to change without notice and the management of the regional system may issue orders modifying, restricting, or canceling this program in accord with changing policy or market conditions. This rate does not apply to dirt, debris, or other materials from large-scale landscaping, land clearing, or similar projects.
[Ord. C32940 § 25; Passed: 11/12/2001]
13.02.0564 Disposal Rates – Demolition Debris – Flat Rate Plus Volume Charge.
A. Recognizing the difficulty in preparing accurate job estimates based upon estimated weight for haulers of demolition debris prior to award of a job, customers who satisfy the requirements of this section may qualify for a flat fee plus volume charge for source-separated demolition debris. Customers not qualifying under this section are subject to the general tonnage rate for mixed solid waste.
B. A customer must pay an annual, nonrefundable and nontransferable fee of $500.00. This fee is for the calendar year of payment. No proration is allowed, except after July 1st a customer may pay a reduced fee of $250.00 for the remainder of the calendar year. The customer will receive a decal or other evidence of qualification and must display the same upon request or as ordered by the director. Cubic yard capacity must be displayed on driver’s side of vehicle.
C. In addition, at the time of disposal, the customer must pay a volume charge of $15.73 per cubic yard to lined landfill cell, $14.23 per cubic yard to unlined landfill cell. No customer may include loads from jobs of other customers or haulers.
D. Each customer shall maintain, for inspection, an accurate log during the year with the following information:
1. Trips hauled and dates of hauls;
2. Volume and type of demolition debris hauled.
E. No hazardous materials will be disposed of without specific authorization from the City’s department of environmental programs and only in accord with such authorization. A customer shall immediately advise the City’s department of environmental programs at (509) 625-6270 of the discovery of any hazardous materials. As used herein, “hazardous materials” shall be “Unacceptable wastes” as defined in SMC 13.02.0364.
F. Customers must acknowledge and agree that demolition debris must be disposed of at a licensed and approved disposal site or designated disposal site reflected on the demolition permit, as issued by the Spokane County health district.
G. Eligibility to dispose of solid waste under the demolition debris rate is a revocable privilege. Failure to comply with conditions or pay all fees will result in volume/flat fee privilege revocation, without a refund. The privilege expires December 31st of the year of issuance.
[Ord. C32940 § 26; Passed: 11/12/2001]
13.02.0566 Disposal Rates – Nonprofit Waste Reduction Corporation.
A. Customers who satisfy the requirements of this section may qualify for a nonprofit waste reduction corporation rate. Customers not qualifying under this section are subject to the general tonnage rate for mixed solid waste. To qualify, a customer must apply to the director or solid waste management, and demonstrate the following requirements:
1. Customer must be a corporation, not for profit, organized under RCW chapter 24.03; and
2. Customer must show qualification as a tax exempt corporation under the Internal Revenue Code section 501(c)(3); and
3. Customer must be a business engaged in promoting the departments waste reduction and recycling goals, primarily involved in processing abandoned goods for resale or reuse, with proceeds from said resale committed to financing human service programs.
B. Upon determination of eligibility by the director of solid waste management, a nonprofit waste reduction corporation may receive a discount of thirty-five percent from the rates generally in effect for City disposal facility service, plus applicable state taxes. The discount is only allowed where, in the regular course of disposal facility business, the eligible load is separately weighed and billed. The discount shall not apply where the nonprofit waste reduction corporations waste is mixed or included with other waste or not normally separated and weighed.
C. Eligibility to dispose of solid waste under the nonprofit waste reduction corporation rate is a revocable privilege. Failure to comply with conditions or pay all fees will result in revocation or denial of the nonprofit rate discount privilege.
[Ord. C32314 § 3; Passed: 12/7/1998]
13.02.0568 Estimates Allowed.
A. Where scales are temporarily disabled or not in use, commercial vehicles are assessed a full vehicle load fee based upon comparable weights. Private noncommercial citizen vehicles are assessed a fee based upon the City’s estimated cubic yards of the load at $17.30 per cubic yard plus applicable state taxes.
B. Special service at a City disposal facility for disposal of unusual or nonstandard municipal solid waste, as determined by the City, or other special labor costs is at the rate of $75.00, plus applicable state taxes, per hour or fraction thereof, with a $25.00 minimum charge. The special service fee shall be in addition to the assessed tipping fee based on weight.
C. Where a customer loses his/her loop tag at the disposal site, the City’s representative at the disposal site scales will estimate the charge for the customer’s load and such estimation will bind the customer. The minimum charge will be for a one-ton load, or more if a larger load is estimated. In addition, the customer may be required to pay a $50.00 lost card fee.
[Ord. C32940 § 27; Passed: 11/12/2001]
13.02.0570 Uncovered Loads.
A. No person shall transport solid waste to a staffed transfer station or disposal sites without securing or covering his/her vehicles waste in such a manner that will prevent spillage.
B. A surcharge or fee of $5.00 for pickup loads one to three cubic yards, or $15.00 for loads over three cubic yards, plus any other applicable charges is assessed for any load not so secured or covered, payable by any person individually, and/or as agent or employee of any other person or entity for which such unsecured or uncovered load is transported. Where someone incurs an uncovered load surcharge more than once in any twelve-month period, a civil penalty of $100.00 is added for each subsequent violation.
C. A vehicle transporting sand, dirt, or gravel in compliance with the provisions of RCW 46.61.655 is exempt from this section.
[Ord. C32507 § 45; Passed: 11/29/1999]
13.02.0572 Weight Slips.
A $3.00 administrative time charge per weight slip in a disposal transaction is assessed for a second copy.
[Ord. C32314 § 3; Passed: 12/7/1998]
Article VI. Additional
13.02.0600 Repeal and Savings.
The adoption of this chapter repeals the previously existing SMC chapter 13.02; provided, that any amendment, repeal, modification, or revision of SMC chapter 13.02 shall not be construed to affect any existing right acquired under provisions amended, repealed, modified, or revised, or acquired under any rules, regulations or orders issued or adopted pursuant to the authority of this chapter, or as affecting any proceedings instituted thereunder.
13.02.0605 No Special Duty.
This chapter creates and the City shall have no special duty to any person or class. Any duty nonetheless deemed to exist shall be a duty to the general public as a whole, and not to any specific person or class.
13.02.0610 Penalty.
A. Except where otherwise specified for violations of this chapter relating to single-family-residence service, the civil penalty for a first-time violation is twenty-five dollars per violation. In case of a continuing violation, each day is a new violation, and the civil penalty may be assessed for up to the first five days of noncompliance. Thereafter, the civil penalty is one hundred dollars per day, for a maximum total of one thousand dollars. For all other violations, the civil penalty for a first-time violation is one hundred dollars per violation. In case of a continuing violation, each day is a new violation, and the civil penalty may be assessed for up to the first five days of noncompliance. Thereafter, the civil penalty is five hundred dollars per day, for a maximum total of five thousand dollars. Said penalties are in addition to actual costs of clean-up or other services provided by the City.
B. Noncompliance after expiration of time specified in any notice authorized in this chapter shall be a separate violation for each notice. Each day of a continuing violation shall constitute a separate and additional violation.
13.02.0615 Provisions Supplemental – Preemption.
A variety of federal, state and local laws regulate storage, collection, handling and disposal of specialized wastes and materials hazardous to the public health. The provisions of this chapter are supplemental to any other jurisdictional laws or regulations. In event of conflict, the most restrictive provisions apply. In case of preemption, any preempted provisions shall be considered as if not enacted with respect to the specific circumstances in which the preemption arises.
13.02.0620 Severability.
If any section, subdivision, part or word of this chapter or any regulation, rule, or order adopted pursuant to the authority thereof be determined invalid, it shall not affect the remainder, but be confined to the section, subdivision, part or word directly involved in the controversy.
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