HomeMy WebLinkAboutOrd 1595 - Solid Waste Management ILA
1909
CI
O TU
WASHINGTON
Q ORDINANCE NO.�
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, CREATING A NEW
TUKWILA MUNICIPAL CODE TITLE 22 SOLID WASTE
AND RECYCLING, RELATING TO SOLID WASTE
MANAGEMENT, AND CREATING A NEW TUKWILA
MUNICIPAL CODE CHAPTER 22.02 ESTABLISHING
STANDARDS AND COLLECTION SERVICE LEVELS,
PROVIDING FOR SEVERABILITY, AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, the City has by City Ordinance adopted the King County Comnrehensive
Solid Waste Management Plan and is responsible for implementing City solid waste programs
meeting Plan requirements; and
WHEREAS, the Kina Countv Comnrehensive Solid Waste ManaLement Plan and RCW
70.95 have established waste reduction and source separated recycling as fundamental strategies
of solid waste management; and
WHEREAS, RCW 70.95.090 establishes source separation strategies that include the
collection of source separated recyclables from residential dwellings in urban areas, source
separated Yard waste collection programs where local markets exist, and programs that educate
and promote the concepts of waste reduction and recycling; and
WHEREAS, the Council believes that the Solid Waste Haulers operating in the City and
certificated by the Washington Utilities and Transportation Commission (WUTC) have provided
necessary, efficient, and convenient waste collection services to the City and have sufficient and
reasonable experience, knowledge, and standing within the City to provide the opportunity of
performing the minimum levels of service; and
WHEREAS, the WUTC is directed in RCW 81.77.030 to require certificated Haulers to
use rate structures and billing systems consistent with the solid waste management priorities set
forth under RCW 70.95.010 and the minimum levels of solid waste collection and recycling
services pursuant to local comprehensive solid waste management plans; and
WHEREAS, the City wishes to encourage rate structures that provide incentives for
waste reduction and recycling, and supports reduced garbage and recycling collection rates for
those who produce less garbage; and
WHEREAS, the City would like these programs and service levels to be available to
City residents by August 1, 1991,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS:
Section 1. New Title Established. There is hereby created and established a new Title 22
of the Tukwila Municipal Code which new title shall be entitled and may be referred to as "Solid
Waste and Recycling."
Section 2. New Chanter Created. There hereby is added to the Tukwila Municipal Code
a new chapter 22.02 which relates to solid waste management, establishing standards and
collection service levels.
Section 3. Purnose of Chanter Established. A new section 22.04.010 is hereby added to
the Tukwila Municipal Code to read as follows:
This Chapter is created to:
A. Encourage the management of solid wastes according to the priorities defined in
RCW 70.95.010.
B. Set minimum solid waste and recycling collection service levels for WUTC
certificated solid waste haulers.
C. Define solid waste collection rate objectives that provide incentives for waste
reduction and recycling.
D. Set standards for the provision of recycling opportunities to multi family residences.
E. Require the source separation of yard waste materials.
Section 4. Definitions Established. A new section 22.04.020 is hereby added to the
Tukwila Municipal Code to read as follows:
City shall mean the City of Tukwila.
Haulers shall mean all Washington Utilities and Transportation Commission
certificated solid waste haulers.
Multi family Residence shall mean any structure that contains four or more single
family units.
Recyclable Plastic Containers shall mean all plastic containers that can be collected and
recycled without undue economic impacts, as determined by City staff. These plastics may
include, but are not limited to, polyethylene terepthalate (PET) and high- density polyethylene
(HDPE) containers.
Single- Family Residence shall mean any structure that contains one, two, or three single
family units. A duplex is equal to two single family units. A triplex is equal to three single
family units.
Solid Waste shall mean all putrescible and nonputrescible solid and semisolid wastes
including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, demolition and
construction wastes, abandoned vehicles or parts thereof, and recyclables materials.
Yard Waste shall mean the biodegradable wastes produced as a result of the
maintenance of vegetation on residential property including, but not limited to, grass clippings,
leaf matter, and brush.
Section 5. Solid Waste Management Standards Established. A new section 22.04.030 is
hereby added to the Tukwila Municipal Code to read as follows:
A. Yard Waste Separation: Single family residents shall not discard yard waste together
with garbage and shall make it available for recovery and composting as soon as yard waste
collection and composting services are provided, or shall otherwise manage such wastes, through
composting or otherwise, on their own property.
B. Multi Family Recycling: The owner /manager of each multi family dwelling within
the City of Tukwila shall provide their occupants with recycling opportunities similar to those
available to single family households. Collection containers shall be provided at each site to
collect newspaper, mixed waste paper, cardboard, glass containers, tin and aluminum cans, and
recyclable plastic containers. The owner /manager may choose to either self -haul or utilize
existing recycling collection services. If materials are self hauled, the owner /manager shall
report monthly volumes quarterly on forms provided for that purpose by the City. The manager
of each site shall be responsible for providing City supplied waste reduction/recycling
promotional materials to each incoming resident.
C. Anti Scavenging: Materials placed in recycling containers shall remain the property
of the generator until such materials are delivered by the hauler to a recycling facility. Removal
of such materials from these containers by parties without the permission of the generator using
the containers shall be cause for criminal prosecution.
D. Theft of Service: Utilization of garbage, recycling, or yard waste collection services
without the establishment of an active account with an appropriate hauler shall be cause for
criminal prosecution. Containers provided by haulers shall remain at the assigned premises and
unauthorized removal shall be cause for criminal prosecution.
E. Commercial Garbage Collection Monitoring: Although the City is not exerting
service level control over non residential garbage collection, certain information will be required
of the hauler by the City to assist in its waste reduction and recycling development and
monitoring activities. This information will include, but is not limited to, a quarterly accounting
of all commercial accounts within the limits of the City. This accounting shall include the
number of subscribers for each container size, and the total volume of commercial waste
collected for each month within the quarter.
Section 6. General Collection Service Levels Established,. A new section 22.04.040 is
hereby added to the Tukwila Municipal Code to read as follows:
A. No person, partnership or corporation shall engage in the primary business of hauling
or transporting residential garbage refuse, yard waste, or recyclables for compensation within the
City without complying with the requirements of this ordinance and possessing proper operating
authority as determined by the Washington Utilities and Transportation Commission.
B. Haulers will provide adequate office facilities and phone operators to conveniently
handle customer sign -ups, service changes, billings, and complaints. Customer service will be
the sole responsibility of each hauler. Haulers will also assist the City with the development of
program promotion and public education activities.
C. Rate Structure: The haulers shall request the WUTC to adopt a rate structure which
includes the costs to implement the source separation residential collection program contained in
these minimum levels of service and consistent with the priorities of RCW 70.95.010 to
encourage maximum recycling. The collection rates should include:
1) A combined garbage and recycling incentive rate that encourages "mini -can"
and one (32 gallon) can weekly service. It is the City's objective to have rates whereby the new
mini -can plus recycling rate should be less than or equal to the previous one can garbage -only
rate. The new one can plus recycling rate should be less than or equal to the previous two can or
60 gallon wheeled container garbage -only rate.
2) Customers that self -haul their recyclable materials and do not place any
materials accepted by the recycling collection program in their garbage container shall be
eligible for a one dollar discount, which will be deducted from their monthly garbage collection
rate. Residents will be responsible for notifying their hauler that they wish to participate in the
rebate program, and haulers will be responsible for periodically monitoring eligibility.
3) A yard waste collection rate shall be developed on a cost -of- service model, and
will be offered as an additional service, with a separate tariff.
4) The haulers are required to order equipment to carry out the recycling and yard
waste collection programs as soon as practically possible and to begin these services on August
1, 1991.
D. To assist in evaluating the financial and service impacts of City service level policies,
the City requires access to all cost and service level data provided to the WUTC at the time of
any rate modifications. Therefore, when new rates, or rate modifications are proposed to the
WUTC by a hauler, the hauler will provide a duplicate copy of all rate documentation which
shall be immediately delivered to the City. The City will exercise its best effort to assure the
confidentiality of any such documentation that is specifically marked with the word
"proprietary" on the top of each page deemed to be sensitive by the hauler.
E. All single family residential collection services shall be offered to each account on a
consistent day, in a coordinated manner whenever possible on an economic basis.
F. Materials will be collected between 6:30 a.m. and 5:00 p.m., Monday through Friday.
G. Materials may be collected on legal holidays or at the hauler's discretion, alternative
arrangements may be made as long as materials are collected within two days of each account's
regular collection day.
H. Missed materials from single family residences must be collected within 24 hours of
initial notification except in the case of hazardous weather conditions. If collections are missed
due to hazardous weather conditions, missed materials shall be collected during the following
regular collection cycle. Extra materials shall be collected at no extra charge under these
circumstances.
I. Special arrangements, on an individual account basis, shall be made to allow disabled
single family residential customers full access to all collection services.
J. A quarterly report shall be delivered to the City by April 15, July 15, October 15, and
January 15 of each year, containing the following data for each of the previous three months for
the following sectors. During the first six months of the new collection programs, reports shall
be delivered monthly by the 15th day of the following month on the following subjects:
Single Family:
(1) Total garbage and recycling collection accounts.
(2) Total sign -ups for recycling and yard waste collection.
(3) Total customers actually participating in recycling collection, based on the
collection of at least one set -out per month.
(4) Total customers actually participating in yard waste collection, based on the
collection of at least one set -out per month.
(5) Number of pick -ups offered for each service (number of sign -ups multiplied by
the number of drive -bys each month).
(6) Number of pick -ups actually made for each service.
(7) Separate totals for monthly tonnage collected for garbage, recycling and yard
waste.
(8) A log of customer compliments and complaints, including date, time, subject,
and resolution.
Multi Familv:
(1) Monthly total weights for garbage and recycling collection within the City
limits.
(2) A monthly summary of the number of multi family sites serviced, and a profile
of garbage and recycling subscription rates including container size and
frequency of collection.
(3) A log of customer compliments and complaints, including date, time, subject,
and resolution.
K. Single family recycling and/or yard waste collection shall be offered independently,
at a cost -of- service rate, for those who do not wish to subscribe to garbage collection.
Section 7. Garbage Collection Service Levels Established. A new section 22.04.050 is
hereby added to the Tukwila Municipal Code to read as follows:
A. Garbage collection shall be offered weekly, and shall include the following container
options; hauler or customer provided 20 gallon "mini- cans customer provided 32 gallon cans,
and hauler provided 60 or 90 gallon wheeled containers.
Section 8. Single- Family Recycling Collection Service Levels Established. A new
section 22.04.060 is hereby added to the Tukwila Municipal Code to read as follows:
A. The following materials shall be collected: newspaper, mixed waste paper,
cardboard, glass containers, tin and aluminum cans, and recyclable plastic containers.
B. Collection shall be offered at least biweekly (or semi- monthly at the hauler's option).
C. Materials may be commingled to the extent that the marketability of the collected
materials is not compromised.
D. Collected materials must be recycled unless prior approval is obtained from the City.
E. Haulers shall deliver recycling containers to households that subscribe to the
recycling collection service. These containers shall be capable of holding all materials to be
collected with the exception of cardboard.
F. Containers will be owned by the hauler. The cost of the first set of household
recycling container(s) shall be included in the collection tariff. Subsequent container(s) required
due to negligence on the part of the hauler shall be provided at no cost to the customer, all other
containers shall be offered at a price equal to the hauler's cost. Haulers shall incorporate
information on the prevention of container theft into their promotional materials.
G. Set -outs that contain obvious contamination shall be tagged by the hauler with
instructions for proper separation and not collected. If the uncollected materials are not properly
prepared on the following collection cycle they shall be collected as garbage and the customer
shall be billed accordingly.
Section 9. Multi Familv Recycling Collection Service Levels Established. A new
section 22.04.070 is hereby added to the Tukwila Municipal Code to read as follows:
A. The following materials shall be collected: newspaper, mixed waste paper,
cardboard, glass containers, tin and aluminum cans, and recyclable plastic containers.
B. Materials may be commingled to the extent that the marketability of the collected
materials is not compromised.
C. Collected materials must be recycled unless prior approval is obtained from the City.
D. Collection companies shall provide durable outdoor containers appropriate to the size
of the multi family account, and assist customers with adjusting garbage and recycling collection
service levels to assure adequate and cost effective service.
E. Haulers shall work with the City to determine and implement a system of multi-
family collection that meets the needs of the City, multi family owners, managers, occupants,
and haulers.
Section 10. Single Family Yard Waste Collection Service Levels Established. A new
section 22.04.080 is hereby added to the Tukwila Municipal Code to read as follows:
A. Yard waste collection shall include grass clippings., leaves, brush and woody debris
up to three inches in diameter and three feet in length. No food waste shall be included.
B. Yard waste collection shall be offered on a biweekly (or semi monthly at the hauler's
option) basis except during the months of December, January, and February during which
collection shall be monthly.
C. Yard waste material shall be source separated and bagged, bundled or canned with the
exception that plastic bags may not be used. If containers are used, they may be customer or
hauler provided.
D. Set -outs that contain obvious contamination shall be tagged by the hauler with
instructions for proper separation and not collected. If the uncollected materials are not properly
prepared on the following collection cycle they shall be collected as garbage and the customer
shall be billed accordingly.
Section 11. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity of constitutionality of any other
section, sentence, clause or phase of this ordinance.
Section 12. Effective Date. This ordinance or a summary thereof shall be published in the
official newspaper of the City, and shall take effect and be in full force five (5) days after
passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this ay of 1991.
Inf accordance with RCW 35A.12.130 this
ordinance shall become valid without
the Manor's approval.
Gary L. Van Dusen, Mayor
ATTEST /AUTHENTICATED:
/fie E. Cantu, City Clerk
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
i w
By ✓C
FILED WITH THE CI CLERK: S el 1
PASSED BY THE CTT COUNCIL; y 5 9/
PUBLISHED:
EFFECTIVE DATE: 5- 5
ORDINANCE NO.: 1 5y5
SUMMARY OF ORDINANCE NO. 1595
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, CREATING A NEW
TUKWILA MUNICIPAL CODE TITLE 22 SOLID WASTE
AND RECYCLING, RELATING TO SOLID WASTE
MANAGEMENT, AND CREATING A NEW TUKWILA
MUNICIPAL CODE CHAPTER 22.02 ESTABLISHING
STANDARDS AND COLLECTION SERVICE LEVELS,
PROVIDING FOR SEVERABILITY, AND ESTABLISHING
AN EFFECTIVE DATE.
On April 15. 1991. the City Council of the City of Tukwila passed Ordinance No. 1595,
establishing standards and collection service levels for a Solid Waste Management Program,
providing for severability, and establishing an effective date.
The full text of this ordinance will be mailed without charge to anyone who submits a
written request to the City Clerk of the City of Tukwila for a copy of the text.
APPROVED by the City Council at its meeting of April 15, 1991.
Jarie E. Cantu, City Clerk
Published Valley Daily News /2-4.-6L ZG