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2298• • ORDINANCE NO. 2298 AN ORDINANCE AMENDING CHAPTER 8.08 OF THE MOSES LAKE MUNICIPAL CODE ENTITLED "GARBAGE COLLECTION" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Chapter 8.08 of the Moses Lake Municipal Code entitled "Garbage Collection" is amended as follows: Section 1. Moses Lake Municipal Code Sections 8.08.030, .040, .060, .070, .108, .110, .150 and .160 of Chapter 8.08 entitled "Garbage Collection" are amended to provide: 8.08.030 Definitions: The following words and phrases shall apply in this chapter: 1."Agricultural Waste" means all solid waste generated by the growing, washing, or preparation for marketing of agricultural products, without cooking, blanching, or other processing. 2."Ashes" means solid waste products of coal, wood, or other fuels used for heating and cooking, from all public and private establishments and from all residences. 3."Can" means a receptacle between fifteen (15) and thirty-two (32) gallon capacity which is designed for garbage collection. It shall be strong, not easily corrodible, rodent-proof, insect proof and shall have two handles attached for easy handling. It shall also be tapered from top to bottom so that contents naturally empty when inverted. There shall be an additional charge for any cans collected. 4."Cart" means a ninety-six (96) gallon or less receptacle furnished by the city to be used for disposal of garbage that is designed for handling by an automated collection vehicle. Said carts shall be the only residential receptacles collected during weekly pickup without there being a charge for additional service. 5."Collector of Refuse" means the individual, firm, association, copartnership, corporation, or any other entity whatsoever, including the City of Moses Lake which collects the garbage, rubbish, refuse, solid waste, or other waste material in the City of Moses Lake under any arrangement whatsoever. 6."Combustible Rubbish" or "Burnable Material" means, in general, the organic component of refuse, paper, rags, cartons, boxes, wood excelsior, furniture, bedding, rubber, plastics, leather, tree branches, lawn trimmings, and the like. 7."Commercial Refuse" means all solid wastes which originate in businesses, office buildings, stores, markets, theaters, and other buildings. The point at which any of the refuse becomes solid waste and is the responsibility of the city garbage contractor shall be determined by the Utility Account Technicianof the city. 8."Compactor" means a container with a device which compresses the loaded material. 9."Compactor Collection Truck" means an enclosed vehicle provided with special mechanical devices for loading the refuse into the main compartment of the body, for compressing the loaded materials, and for distributing the refuse within the body. 10. "Construction and Demolition Wastes" means building materials and rubble resulting from construction, remodeling, repair and demolition operations on houses, commercial buildings, pavements, and other structures. • ORDINANCE 2298 PAGE 2 March 27, 2007 11."Containers" means small receptacles (one- to ten-cubic yard capacity) that can be emptied by compactor collection trucks on site. 12."Disposal Site" means the location where any treatment, utilization processing or deposition of solid waste occurs. 13."Drop Box Site" means a loading site where small loads of solid waste are dumped into a large container for transport to a processing and/or disposal site. 14."Functional Standards" means the criteria for solid waste handling expressed in terms of expected performance. 15."Garbage" means all putrescible material including all putrescible animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of food; swill and carcasses of dead animals, except sewage, sewage sludge and human body wastes. 16."Groundwater" means water in the ground that is in the zone of saturation. 17."Hazardous Wastes" means dangerous wastes requiring special handling including, but is not limited to, explosives, pathological wastes, radioactive materials and chemicals. 18."Industrial Solid Waste" means all solid wastes which result from industrial processes and manufacturing operations such as factories, processing plants, repair and cleaning establishments, refineries and rendering plants. 19."Institutional Solid Waste" means solid waste generated by hospitals, nursing homes, schools, prisons, reformatories, or other buildings housing an organization having social, educational, or religious purpose. 20."Jurisdictional Health Department" means Grant County Health District. 21."Landfill" means the solid waste disposal process using land for the final disposal site. 22."Noncombustible Rubbish" means material that is unburnable at ordinary incinerator temperatures (one thousand three hundred to two thousand degrees Fahrenheit). For the most part, it is the inorganic component of refuse, such as tin cans, heavy metal, mineral matter, glass, crockery, dust, metal furniture, ashes, and the like. 23."Offal" means intestine and discarded parts from the slaughter of animals. 24."On-Site Disposal" includes all means of disposal or, more usually, volume reduction, of refuse on premises before collection. Examples are garbage grinding, burning or incinera- tion, burial, compaction or slurring at homes and commercial establishments. 25."Open Burning" means the burning of solid wastes in an open area or burning of solid wastes in a type of chamber or vessel which is not approved in regulations. 26."Open Dumping" means the depositing of solid wastes into a body or stream of water, or onto the surface of the ground without compacting the wastes and covering with suitable material to a suitable depth that would prevent vector nuisance and pollution problems. • • 27. "Pathogen" means any infective agent capable of producing disease; it may be a virus, rickettsia, bacteria, protozoan, etc. • • • ORDINANCE 2298 PAGE 3 March 27, 2007 28."Person" means an individual, firm, association, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever. 29."Pollution" means the presence in the environment or portion of the environment of contaminating substances, materials, forms of animals or plant life in sufficient quantities and of such characteristics and duration, as is or is likely to be, injurious to humans, to other plant or animal life, or property, or which unreasonably interferes with enjoyment of life and property. 30."Processing of Waste" means the operation of solid waste which converts a waste into something useful, leaving the term "handling" to describe what is done to prepare it for dis- posal. 31."Pull-on Container" means a detachable container system in which a large container (around twenty to fifty cubic yards) is pulled onto service vehicle mechanically and carried to disposal site for emptying. 32."Putrescible" means capable of being decomposed by micro-organisms with sufficient rapidity as to cause nuisances from odors, gases, etc. Kitchen wastes, offal, and dead animals are examples of putrescible components of solid waste. 33."Refuse" means "Solid Waste" as defined in subsection 41 of this section. 34."Refuse Fill" means "Landfill" as defined in subsection 21 of this section. 35."Rendering" means a process of salvaging fats and oils, animal feed and other products from animal waste by cooking. Dead animals, fish and wastes from slaughter houses and butcher shops are commonly used. 36."Rubbish" means all discarded nonputrescible solid waste except ashes, including paper, cardboard, tin cans, wood, glass, bedding, yard clippings, etc. 37."Salvage" means reclaimable solid waste such as paper, metal, bottles, or other objects saved for the purpose of sale or other use not prohibited by law, rule, or regulation. 38."Sanitary Landfill" means a method of disposing of refuse on land without creating nuisances or hazards to public health or safety, by utilizing the principles of engineering to confine the refuse to the smallest practical area, to reduce it to the smallest practical volume, and to cover it with a layer of earth at the conclusion of each day's operation or at such more frequent intervals as may be necessary. 39."Scavenging" means the uncontrolled picking of materials. 40."Solid Waste" means all putrescible and nonputrescible solid and semisolid wastes, including garbage, rubbish, ashes, industrial wastes, demolition and construction wastes abandoned vehicles or parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes and other discarded material. The point at which any of the above becomes solid waste and is the responsibility of the city garbage contractor shall be determined by the Utility Account Technician of the city. 41."Solid Waste Disposal" means final disposition of solid waste by acceptable means. 42."Solid Waste Handling" means the storage, collection, transportation, treatment, utilization, processing, and final disposal of solid wastes. ORDINANCE 2298 PAGE 4 March 27, 2007 43."Special Wastes" means wastes difficult or unusual in the characteristics of quantities or composition to handle. 44."Street Refuse" means material picked up by manual and mechanical sweeping of streets and sidewalks, litter from public litter receptacles, and dirt removed from catch basins. 45."Surface Water" means a body of water whose top surface is exposed to the atmosphere including a flowing body as well as a pond or lake. 46."Swill" means the semiliquid animal or vegetable waste of kitchens, market or stores. 47."Transfer Station" means a loading site where solid waste is transferred from one vehicle to another for transfer to a final disposal site. 48."Trash" means "Rubbish", as defined in subsection 36 of this section. 49."Unsanitary Condition" means any situation which negatively effects the health and general welfare of humans or is of such a character so as to be likely to be injurious to humans, plant or animal life, or property, or which unreasonably interferes with the enjoyment of life or property. 50."Utility Account Technician" means the city official or employee of the city delegated and authorized to administer this chapter. 51."Vacant" means not lived in or occupied. 52."Vector" (of disease) means a living insect or other arthropod, or animal (not human), which transmits infectious diseases from one person or animal to another. 53."Waste" means useless, unused, unwanted, or discarded materials. Waste includes solids, liquids, and gases. The gases are principally industrial fumes and smoke; the liquids consist mainly of sewage and the fluid part of industrial wastes, the solids are classed as refuse or solid wastes. 8.08.040 City Sanitary Division: A.For the purpose of carrying into effect the provisions and aims of this chapter, there is created and established a division to be known as the city sanitary division. B.The City Manager is empowered and authorized and may appoint a suitable and qualified person as Utility Account Technician and this person shall have full charge and control of all the work provided for and contemplated under this chapter and as may be provided for by rules and regulations subsequently adopted. The Utility Account Technician shall also have charge of all collections and the enforcement of all charges for services rendered. In the absence of the appointment of a Utility Account Technician, the City Manager may designate an individual employed by the city or a city department to perform the functions of a Utility Account Technician. 8.08.060 Container Regulations: • A. It shall be the duty of every person in possession, charge or in control of any dwelling, flat, roominghouse, apartment house, or eating place or in possession, charge, or control of any shop, place of business, or manufacturing establishment at all times, to keep or cause to be kept, portable containers, carts, or garbage cans of approved size, type, and construction, and to deposit or cause to be deposited the refuse therein.• ORDINANCE 2298 PAGE 5 March 27, 2007 B.Refuse or garbage containers shall not be filled with liquid or semi-liquid wastes. Such containers, carts, and cans shall be kept in a sanitary condition with the outside thereof clean and free from accumulative grease and decomposing material. Putrescible waste shall be placed in sealed bags prior to being placed in a cart, container, or can. C.For residential service every cart on the day designated for collection, shall be placed within five feet (5') of the traveled right-of-way and at least five feet (5') from any obstruction with the front facing the street or alley. Where alley access is available, meaning that the alley has sufficient height and width clearances for the collector of refuse's equipment to negotiate the alley without interference, all containers shall be placed at the alley line. Where no alley access is available, all containers shall be placed at the curb line on the day designated for collection and on all other days shall be removed from street view. For commercial service, accounts shall have their containers placed on a solid surface in a location accessible to the collector of garbage and refuse without its having to move the container up grades. Safety and maneuverability of the collector of refuse's vehicles shall be prime considerations, but not the only considerations, in determining accessibility. The Utility Account Technician, after consulting with the property owner if required, shall be the determiner of accessibility after conferring with the collector of garbage and refuse. If there is a dispute between the Utility Account Technician and the collector of garbage and refuse as to accessibility, the City Manager shall make the determination as to whether a location is accessible. The decision of the City Manager shall be final. Provided there is access to the container, the collector of garbage and refuse shall pick up all commercial accounts where the container is located whether the location is on private or publicly owned property. D.Each container, cart, or can shall be kept clean inside and out so that no odor nuisance shall exist. It shall be the responsibility of the person using any container, cart, or can to keep them clean unless this responsibility is altered by contract between the city and the collector of garbage and refuse. In such a situation, the contract shall control. The area around the containers shall be kept in a neat and sanitary condition. The Utility Account Technician may place tags on garbage containers found to be in violation of this subsection and notify the property owner when the areas around the container are not being kept in a neat and sanitary condition. All tags and notifications shall be dated and signed by the Utility Account Technician. Two (2) or more violations of this provision of this section shall subject the person responsible to the penalties described in Chapter 1.08 of this code. E.Those containers or cans found to be defective or illegal (defective bottoms, crushed so that lids will not fit, fifty-five (55) gallon barrels, waste baskets, paper drums, etc.) or any other containers that are found to be illegal shall be subject to impounding and/or disposal. If a container received two (2) violations within a thirty (30) day period, the Utility Account Technician of the city may authorize its destruction or impoundment. ORDINANCE 2298 PAGE 5 March 27, 2007 B. Refuse or garbage containers shall not be filled with liquid or semi-liquid wastes. Such containers, carts, and cans shall be kept in a sanitary condition with the outside thereof clean and free from accumulative grease and decomposing material. Putrescible waste shall be placed in sealed bans prior to beim]I rl D.AC.P.. .n a cart rnnfninar nr H. Large, suitable containers for collection of garbage and refuse may, with the approval of the Utility Account Technician, be used in the business and commercial zones. Such containers shall be supplied by the collector of garbage and refuse if the collector of garbage and refuse • ORDINANCE 2298 PAGE 6 March 27, 2007 is so required by his contract with the city, however, that does not preclude any person from owning their own container(s) if they so desire. I.Compactors for industrial and commercial users shall be designed to be compatible with local sanitation transportation equipment. The Utility Account Technician shall approve all compactors used for commercial or industrial uses. J.All carts, cans, containers, or compactors, shall comply with the Consumer Products Safety Commission laws and regulations. It shall be the responsibility of the account holder assigned any container, or compactor to load it so that it can be legally hauled on public highways by the contractor of garbage and refuse. Containers shall not be loaded heavier than five hundred (500) pounds gross per cubic yard of capacity and in no event more than two thousand (2,000) pounds. K.It shall be the duty of every person in possession, charge, or control of any dead animal or upon whose premises the same may be located, to forthwith cause the same to be removed and disposed of. L.No person shall place their garbage, rubbish, refuse, solid waste, or other waste material in the container or garbage can of another. M.It shall be the responsibility of each account holder or customer to manage the carts under their custody and control. The repair or replacement of all carts damaged, destroyed, stolen, or lost as a result of the negligence of the account holder or customer shall be billed to the account holder or customer. 8.08.070 Unlawful Disposal - Permits - Compost: A.It is unlawful for any person to burn, dump, collect, remove, or in any other manner, dispose of garbage, rubbish, refuse, solid waste, other waste material, or swill upon any streets, alleys, public place or private property within the city otherwise than as provided in this chapter. B.No person shall maintain on his premises in any residential zone in the city any receptacle for outdoor burning of waste paper, boxes, rubbish, paper, or cardboard. Persons in any zone may burn brush, leaves, grass, wood, limbs, weeds, or other vegetable type matter in the open or in a receptacle so long as an open burning permit is obtained from the Moses Lake Fire Department and all other local, state and federal laws are observed. In commercial and industrial zones incinerators may be constructed in accordance with standards set by the Building Official as administered under controls of the Uniform Building Code. ORDINANCE 2298 PAGE 6 March 27, 2007 is so required by his contract with the city, however, that does not preclude any person from owning their own container(s) if they so desire. I. Compactors for industrial and commercial users shall be designed to be compatible with local promptly delivered to the collector when called lot cilia Zn-bc :-I'crt.. ()bail -7,-v-w-wo all unnecessary delay, and no person, except for the purpose of collection under license, shall in any manner interfere with the vessels or tanks or with contents thereof. Swill, offal, and other liquid • • • • ORDINANCE 2298 PAGE 7 March 27, 2007 or semi-liquid waste may not be placed in dumpsters or containers handled by the collector of refuse without permission of the collector of garbage and the Utility Account Technician. 8.08.108 Hazardous Waste: Hazardous waste shall not be the responsibility of the collector of garbage and refuse and shall be disposed of in accordance with all local, state, and federal law directly by the person producing such waste. Whether waste is considered hazardous waste is the decision of th Utility Account Technician and his decision is final. 8.08.110 Disposal of Garbage and Other Refuse: All disposal of refuse shall be by sanitary fill method or methods specifically approved by the state Department of Health; provided, that the method or methods shall include the maximum practicable rodent, insect, and nuisance control at the place of disposal; and, provided further, that animal offal and carcasses of dead animals shall be buried or cremated as directed by the Utility Account Technician or shall be rendered at forty (40) pounds per square inch steam pressure or higher, or heated by equivalent cooking. 8.08.150 Administration: A.If a home occupation is carried on in a residential zone as allowed by the Community Development Director or other similar position or designee under the Moses Lake Municipal Code, the resident shall pay only for residential service so long as there is never more than one (1) cart per week put out for collection. In the event a dispute arises over whether a home occupation should be required to pay residential or commercial rates, the Utility Account Technician shall make the determination as to what service is being used or should be used and therefor what service is to be charged. The decision of the Utility Account Technician shall be final. B.If a commercial building with a single entrance, exclusive of fire exits, has multiple tenants, the owner of the real estate shall have the option of paying for service for all the tenants or the owner of the real estate upon notifying the City of Moses Lake on a form provided by the city can require the tenants to pay for individual services. The form shall provide that in the event the tenant fails to pay for the service rendered, the owner of the real estate shall assume responsibility for the debt and agree to pay the same. C.If two (2) or more types of service are available to a garbage account, both which adequately and satisfactorily serve the account, the owner of the real estate or the party receiving the service, depending upon the circumstances, shall have the option of selecting the service he wishes to receive so long as no unsanitary condition is created as a result of the service selection of the owner of the real estate or the party receiving the service. If a dispute arises between the owner of the real estate or the party receiving the service and the collector of refuse concerning the type of collection service an account should be receiving, the Utility Account Technician shall make the determination as to what type of service is to be charged. The decision of the Utilit I• i s S • - ORDINANCE 2298 PAGE 7 March 27, 2007 •or semi-liquid waste may not be placed in dumpsters or containers handled by the collector of refuse without permission of the collector of garbage and the Utility Account Technician. 8.08.108 H27ardni is Wastp._1,1a7antrut9:wiz.c.+6,.0o,'Ighrt grce--or afiddst one (1) year. Residents or businesses wanting temporary service will be required to pay individual charges for container delivery, dumping, and pickup per Schedule A. Adopted by the City Council and signed by its Mayor • -Mardi-2772e Ronald C. Covey, Mayor APP VED AS TO FORM: ames A. Whitaker, City Attorney ORDINANCE 2298 A PAGE 8 March 27, 2007 F. The city shall have the power, from time to time, by resolution or after Council consideration by motion duly made and passed, to set forth and determine additional rules and regulations and other matters as may be necessary in the discretion of the City Council for the proper execution of this chapter. 8.08.160 Violation Enforcement. The Utility Account Technician shall enforce this chapter and enforce its provisions using the provisions of Chapter 1.20 of this Code. Section 2. This ordinance shall take effect and be force five days after its passage and publication of its summary as provided by law. • ATTEST: Ronald C. Cone, Finance Director • ORDINANCE 2298 PAGE 8 March 27, 2007 F. The city shall have the power, from time to time, by resolution or after Council consideration by motion duly made and passed, to set forth and determine additional rules and regulations and other matters as may be necessary in the discretion of the City Council for the proper dinn of thic (-banter.