1725 - Ordinance - Collection and Disposal of Solid Waste and Recyclable MaterialsORDINANCE NO. 1725
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON REPEALING ORDINANCE NO. 912, 891, 867,
847 and 647 (POMC CHAPTER 6.04 "GARBAGE AND
REFUSE") AND ESTABLISHING A NEW CHAPTER FOR
THE COLLECTION AND DISPOSAL OF SOLID WASTE AND
RECYCLABLE MATERIALS.
WHEREAS, the Council of the City of Port Orchard has mandated universal
collection of solid waste is essential to the health and welfare of the community; and
WHEREAS, the Council of the City of Port Orchard has ,established a
recycling program to comply with RCW 70.95, now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
DO ORDAIN AS FOLLOWS:
SECTION 1. REPEALER: THAT Ordinances 1202, 912, 891, 867, 849, 847 and
647 (POMC CHAPTER 6.04 "GARBAGE AND REFUSE") are hereby repealed in their entirety.
SECTION 2. SOLID WASTE - GENERAL: The collection, removal and disposal
of solid waste within the City shall be compulsory and universal. The maintenance of the public
health, safety, sanitation and aesthetics requires that all generators of solid waste in the City of
Port Orchard 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 city's residential curbside recycling collection program.
SECTION 3. COLLECTION SOLELY BY COLLECTOR OF REFUSE: The
City shall contract with a solid waste hauler, certified by the Washington Utilities and
Transportation Commission, who will be responsible for the collection, removal and disposal of
solid waste within the City.
SECTION 4. SOLID WASTE CONTRACTORICITY RESPONSIBILITIES: (1) At
a minimum, the contract between the contract hauler and the City shall provide for the following
responsibilities of the contract hauler:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Frequency of Collection;
Collection containers and standards of cleanliness
Rates of collection and disposal;
Limitation(s) on collection services;
Contract hauler's customer service responsibilities;
Contract hauler's notification to city of WUTC tariff filings;
Contract hauler's reporting requirements; and
Appeal procedures for customer complaints.
Ordinance No. 1725
Page 2 of 4
(2) The City shall require the contract hauler to provide all containers for
residential and non-residential customers within the City. The individual customer shall not have
solid waste collected in a container other than that provided by the contract hauler; except for the
use of appropriate plastic bags on an occasional basis or a container approved by the city and the
hauler. ,
(3) The contract hauler shall
condition and shall not permit any solid waste
disposal containers to remain on the ground.
leave all pick up areas in a clean and sanitary
or other materials dropped from the trucks or
SECTION 5. PROPERTY OWNER RESPONSIBILITY: (1) At a minimum, the
property owner and/or resident responsibilities shall include:
(a) Property owners shall keep the pick-up area and refuse
containers in a sanitary condition with the outside thereof clean and
free from accumulating grease, decomposing materials and/or litter.
(b) No garbage can shall be overloaded with earth, rocks, or
heavy refuse beyond the point where one pickup man can lift the
can to the pickup truck, and in no event will it be overloaded so that
the total weight exceeds 65 pounds. In the event any loaded
garbage can weighs over 65 pounds, the customer may be charged
for additional containers to the extent of the overweight.
(c) Refuse receptacles may be placed along the public
sidewalk or shoulder of the roadway for pick-up. Such placement
shall be in such a manner that pedestrian traffic will not be impeded
and the receptacles shall be removed from the designated pick-up
area within 24 hours of pick-up.
(d) Refuse receptacles shall not be stored within ten feet of the
edge of pavement, if there is not a sidewalk, or ten feet within the
outside edge of the sidewalk, unless the refuse receptacle is within
a screened enclosure.
SECTION 6. RECYCLING - GENERAL (1) The City shall maintain a recycling
program for both residential and non-residential customers. Participation in the recycling program
in voluntary. The fee for recycling shall be mandatory for residential customers regardless of
participation in the program.
(2) At a minimum, the contract between the contract hauler and the City shall
provide for the following responsibilities of the contract hauler:
(a) Frequency of Collection;
(b) List of specific recyclable materials to be collected;
Ordinance No. 1725
Page 3 of 4
(c) Collection containers and standards of cleanliness
(d) Rates of collection and disposal;
(e) Limitation(s) on collection services;
(f) Contract hauler's customer service responsibilities; and
(g) Appeal procedures for customer complaints. ,
(3) The city shall require the contract hauler to provide all containers for
residential and non-residential customers within the City.
(4) The contract hauler shall have title to all recyclable materials collected by
the contract hauler. No person other than the originating customer or contract hauler shall
retrieve material from the containers.
SECTION 7. PAYMENT OF CHARGES, LIEN FOR NONPAYMENT. (1) Every
property owner and every occupant of each premises to which solid waste and/or recyclable
materials collection and disposal services are rendered shall be responsible for and shall pay,
without delinquency, the charges for such services as billed by the contract hauler.
(2) The contract hauler shall be responsible for the billing and collection of
such charges, and shall have all rights and remedies upon delinquency, including, but not limited
to, lien rights, as provided by law or this ordinance.
(3) The contract hauler shall mail service billings to the person or occupant in
possession of the premises to which the services are rendered, unless special billing instructions
are received from the property owner.
(4) The property owner and/or occupant of each premises to which solid waste
and/or recyclable materials collection and disposal services are rendered shall pay the charges
therefore to the contract hauler at its office not later than thirty (30) days after the billing therefore
is mailed, and in the event said charges are not so paid, the charges shall be deemed delinquent.
Interest is not so paid, the charges shall be deemed delinquent. Interest shall accrue upon
delinquent charges at the rate of $0.50 or one percent (1%) per month, whichever is greater, until
paid in full.
(5) In addition to any other remedy provided by law, in the event of
delinquency, pursuant to RCW 35.21.130(2) the amount of any such charge or charges shall
become a lien against the property for which the solid waste and/or recyclable materials collection
and disposal services are rendered. A notice of such lien shall specify the charges, the period
covered by the charges and set forth the legal description of the premises sought to be charged,
and the notice of lien shall be field with the county auditor within the time required and shall be
foreclosed in the manner and within the time prescribed for lens for labor and material.
(6) The lien for solid waste and/or recyclable materials collection and disposal
charges shall be prior to all liens and encumbrances filed subsequent to the filing of the notice of it
Ordinance No. 1725
Page 4 of 4
with the county auditor, except the lien of general taxes and local improvement assessments
whether levied prior or subsequent thereto.
SECTION 8. APPEAL. Customers within the city shall have a right of appeal
when a dispute arises with the contract hauler. The appeal procedures shall be defined in the
contract between the contract hauler and the city.
SECTION 9. PENALTIES Any person in violation of any provision within this
Ordinance shall be guilty of a civil infraction and shall be punished by a fine not to exceed
$500.00. Each day's violation constitutes a separate offense.
SECTION 10. EFFECTIVE DATE. This ordinance shall take effect and be in force
five days from and after its passage, approval, publication and posting as required by law.
SECTION 11. SEVERABILITY. If any section, subsection, paragraph, sentence,
clause or phrase of this ordinance is declared unconstitutional or invalid for any reason, such
decision shall not affect the validity of the remaining portions of this ordinance.
SECTION 12. SAVINGS CLAUSE. Ordinances 1202, 912, 891, 867, 849, and
647 (POMC CHAPTER 6.04 "GARBAGE AND REFUSE") which are repealed by this ordinance,
shall remain in force and effect until the effective date of this ordinance.
PASSED by the City Council of the City of Port Orchard signed by the Mayor and
attested by the City Clerk in authentication of such passage this 131h day of July, 1998.
ATTEST: LESLIE J. WEATHERILL, MAYOR
Michelle Merlino, Deputy City Clerk
APPROVED AS TO FORM:
City Attorney
SPONSORED BY:
Councilman Clauson
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NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their
regular Council meeting held July 13, 1998.
ORDINANCE NO. 1725
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON REPEALING ORDINANCE NOS. 912, 891, 867,
847 AND 647 (POMC CHAPTER 6.04 "GARBAGE AND REFUSE")
AND ESTABLISHING A NEW CHAPTER FOR THE COLLECTION
AND DISPOSAL OF SOLID WASTE AND RECYCLABLE
MATERIALS.
Copies of Ordinance No. 1725 are available for review at the office of the City
Clerk of the City of Port Orchard. Upon written request a statement of the full text
of the Ordinance will be mailed to any interested person without charge. Thirty
days after publication, copies of Ordinance No. 1725 will be provided at a nominal
charge.
City of Port Orchard
Michelle Merlino
Deputy Clerk
Publish: Port Orchard Independent
July 22, 1998