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Title 16
REFUSE AND GARBAGE*Chapters:
16.04 Definitions
16.08 Garbage Disposal
16.12 City Collection of Garbage
* For the statutory provisions regarding the collection and disposal of garbage by a code city, see RCW 35A.21.150 and RCW 35A.21.060.
Chapter 16.04
DEFINITIONSSections:
16.04.010 Alley.
16.04.020 Apartment hotel.
16.04.030 Apartment house.
16.04.040 Boarding or rooming house.
16.04.050 City.
16.04.060 City manager.
16.04.070 Contractor.
16.04.080 Detachable container.
16.04.090 Dwelling unit.
16.04.095 Electronic waste.
16.04.100 Garbage.
16.04.110 Garbage can/cart/bag.
16.04.120 Ordinance unit.
16.04.125 Organic waste.
16.04.130 Refuse.
16.04.140 Refuse disposal site and disposal site.
16.04.150 Rubbish.
16.04.152 Single-family residence.
16.04.155 Special waste.
16.04.160 Street.
16.04.170 Sunken can.
16.04.180 Solid waste.
16.04.185 Textile waste.
16.04.190 Waste recycling.
16.04.200 Waste reduction.
16.04.210 Disposal.
16.04.220 Excess waste generator.
16.04.230 Extra unit of garbage.
16.04.010 Alley.
“Alley” means a public or private way giving access to the rear of lots or buildings. (Ord. 2038 § 1(A), 1969)
16.04.020 Apartment hotel.
“Apartment hotel” means a building providing accommodations for transient guests in which at least fifty percent of the gross habitable floor area is used by permanent residents. (Ord. 2038 § 1(B), 1969)
16.04.030 Apartment house.
“Apartment house” means a building or portion thereof containing two or more dwelling units. (Ord. 2038 § 1(C), 1969)
16.04.040 Boarding or rooming house.
“Boarding or rooming house” means a building other than a hotel, where meals and room, or rooms only, are provided for compensation for seven or more nontransient persons. (Ord. 2038 § 1(D), 1969)
16.04.050 City.
“City” means the city of Kirkland. (Ord. 2038 § 1(E), 1969)
16.04.060 City manager.
“City manager” means the city manager of Kirkland and authorized employees. (Ord. 2038 § 1(F), 1969)
16.04.070 Contractor.
“Contractor” means those contracting with the city to collect and dispose of garbage and rubbish as herein described, or the authorized representative of such contractors. (Ord. 2038 § 1(G), 1969)
16.04.080 Detachable container.
“Detachable container” means a watertight, metal container, not less than one-half cubic yard in capacity and equipped with a tight fitting cover. Containers two cubic yards and under shall be equipped with at least three wheels. (Ord. 2038 § 1(H), 1969)
16.04.090 Dwelling unit.
“Dwelling unit” in addition to its ordinary meaning includes a room or suite of rooms used as a residence and which has cooking facilities therein, but does not include house trailers in trailer courts, nor rooms in hotels or motels. (Ord. 2038 § 1(I), 1969)
16.04.095 Electronic waste.
“Electronic waste” means scrap electronics that are no bigger than two feet by two feet per unit in size and less than sixty pounds per unit, including computer equipment, VCRs, audio equipment, televisions, cell phones, and other equipment containing circuit boards that are placed next to the recycling cart. Scrap electronics do not include speakers, or kitchen appliances, or as defined in contractor’s promotional materials. (Ord. 3963 § 1, 2004)
16.04.100 Garbage.
“Garbage” means all discarded putrescible waste matter, including small dead animals weighing not over fifteen pounds, but not including sewage or human or animal excrement. (Ord. 2038 § 1(J), 1969)
16.04.110 Garbage can/cart/bag.
“Garbage can/cart/bag” means either: (a) a traditional garbage can being a cylindrical watertight sheet metal or plastic container not exceeding thirty-two gallons in capacity, weighing not over twenty-six pounds when empty and without cover, fitted with two sturdy handles, one on each side, and a tight cover equipped with a handle, except in the case of “sunken cans” or (b) “cart” being a plastic container on wheels with a handle and a hinged, tight-fitting cover, the capacity of which is twenty, thirty-five, sixty-four, or ninety-six gallons or (c) “bag” as described in Section 16.04.120. (Ord. 3963 § 2, 2004: Ord. 3525 § 1, 1996: Ord. 3296 § 2, 1991: Ord. 2038 § 1(K), 1969)
16.04.120 Ordinance unit.
“Ordinance unit” means a bag made of polymer or similar plastic material of not less than two mil thickness containing material or garbage, one box or carton empty or filled with rubbish as herein defined, one small shrub or small tree, or bundle of rubbish, securely bundled so that none of the material blows about and so it is not easily broken apart and which is of such size that the longest dimension does not exceed three feet. An ordinance unit shall be of not more than thirty gallons total capacity not to exceed sixty pounds in total weight, and shall be in good condition for handling at the time of collection. (Ord. 2231 § 1, 1973: Ord. 2038 § 1(L), 1969)
16.04.125 Organic waste.
“Organic waste” includes yard waste and food waste, which are collected together in residential gray organic waste carts. Yard waste includes grass clippings, branches, etc. Food waste includes all organic waste from the household: plate scrapings including meat, bones, fat; fruit and vegetable peelings, pits, cores; food-soiled paper such as pizza boxes, napkins, paper plates. (Ord. 3963 § 3, 2004)
16.04.130 Refuse.
“Refuse” means either garbage or rubbish or both garbage and rubbish. (Ord. 2038 § 1(N), 1969)
16.04.140 Refuse disposal site and disposal site.
“Refuse disposal site” and “disposal site” mean the area or facilities designated by the city for the disposal of garbage and rubbish including landfills, transfer stations and municipal incinerators. (Ord. 2038 § 1(O), 1969)
16.04.150 Rubbish.
“Rubbish” means all discarded nonputrescible waste matter. (Ord. 2038 § 1(M), 1969)
16.04.152 Single-family residence.
The terms “single-family residence” and “residential,” unless otherwise qualified by the context in which they are used, mean a building or a structure containing a single dwelling unit. (Ord. 3205 § 5 (part), 1990)
16.04.155 Special waste.
“Special waste” means certain types of nonsingle-family residential (i.e., commercial) wastes, including:
(1) Containerized waste (e.g., a drum, portable tank, lugger box, roll-off box, paid, bulk tanker, etc.) listed in subparagraphs (2) through (7) of this section. Waste in drums, tanks, or other large containers—i.e., liquids, sludges, powders, grits and other wastes whose identity is not defined;
(2) Waste containing free liquids. “Free liquids” means liquid that can run out of waste if put in filter;
(3) Sludge waste. Sludge is defined as “a solid or semisolid material containing less than forty percent by weight solids, and is not a free liquid;
(4) Waste from an industrial process. An industrial waste that is not office-type or residential-type waste can conceivably fit in this category;
(5) Waste from a pollution-control process. Wastes from water treatment processes, air pollution control process (such as baghouses, etc.) or other pollution-control processes. Water and air are the most common;
(6) Residue from a spill of a chemical substance or commercial product or a waste listed in subparagraphs (1) through (5) or (7);
(7) Contaminated residuals from the cleanup of a facility generating, storing, treating, recycling or disposing wastes, chemical substances or commercial products listed in subparagraphs (1) through (6);
(8) Friable asbestos from building demolition or cleaning; wall board, wall spray coverings, pipe insulation, etc. Nonfriable asbestos is a special waste if it has been processed, handled or used in such a way that asbestos fibers may be freely released;
(9) Commercial products or chemicals which are off-specification, outdated, unused, or banned. Outdated or off-specification uncontaminated food or beverage products in original containers are not special waste.
This category includes containers which once held commercial products or chemicals unless the container is empty. A container is empty when:
(A) All wastes have been removed that can be removed using the practices commonly employed to remove materials from the type of container, e.g., pouring, pumping or aspirating, and
(B) An end has been removed (for containers in excess of twenty-five gallons), or
(C) No more than one inch of residue remains in the bottom of the container or inner liner, or
(D) No more than 3.0 percent by weight of the total capacity of the container remains in the container (for containers up to one hundred ten gallons), or
(E) No more than 0.3 percent by weight of the total capacity of the container remains in the container (for containers larger than one hundred ten gallons).
Containers which once held acutely hazardous wastes (as defined under U.S. or Canadian federal rules) must be triple-rinsed with an appropriate solvent or cleaned by an equivalent method to be considered empty. Alternately, the container’s lining may be removed and managed as hazardous waste by Chemical Waste Management or other equivalent company. Containers which held substances regulated under the Federal Insecticide, Fungicide and Rodenticide Act must be emptied according to label instructions or triple-rinsed with an appropriate solvent.
Cylinders of compressed gas are empty when the pressure in the container is substantially equivalent to atmospheric pressure;
(10) Untreated biomedical waste. Any waste capable of inducing infection due to contamination with infectious agents from a biomedical source, including but not limited to a hospital, medical clinic, nursing home, medical practitioner, mortuary, taxidermist, veterinarian, veterinary hospital, animal testing laboratory, or university medical laboratory. Any sharps from these sources must be rendered harmless or placed in needle-puncture-proof containers;
(11) Treated biomedical wastes. Any wastes from a biomedical source, including but not limited to a hospital, medical clinic, nursing home, medical practitioner, mortuary, taxidermist, veterinary hospital, animal testing laboratory, or university medical laboratory which has been autoclaved or otherwise heat-treated or sterilized so that it is no longer capable of inducing infection. Any sharps from these sources must be rendered harmless or placed in needle-proof containers;
(12) Liquids and sludges from septic tanks, food service grease traps, or washwaters and wastewaters from commercial laundries, laundromats and car washes unless these wastes are managed at public or commercial wastewater treatment works;
(13) Chemical-containing equipment removed from service (examples: filters, cathode-ray tubes, lab equipment, acetylene tanks, fluorescent light tubes, etc.);
(14) Waste produced from the demolition or dismantling or industrial process equipment of facilities contaminated with chemicals from the industrial process. (Ord. 3205 § 5 (part), 1990)
16.04.160 Street.
“Street” means a public or private way, other than “alleys,” used for public travel. (Ord. 2038 § 1(P), 1969)
16.04.170 Sunken can.
“Sunken can” means garbage cans which are sunken covered receptacles specifically designed to contain garbage cans and where the top of the garbage can is approximately at ground level. (Ord. 2038 § 1(Q), 1969)
16.04.180 Solid waste.
“Solid waste” means 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 discarded commodities, but shall not include dangerous, hazardous or extremely hazardous waste. (Ord. 3117 § 1 (part), 1988)
16.04.185 Textile waste.
“Textile waste” includes clean usable clothing and linens, sheets, towels, tablecloths, blankets, bedspreads, stuffed animals, belts, hats, scarves, purses, wallets, backpacks, totes, paired leather or canvas shoes (rubber banded or tied together) placed in clear tied plastic bags and placed next to recycling cart. Boots, sandals, high heels, skates and slippers will not be collected. (Ord. 3963 § 4, 2004)
16.04.190 Waste recycling.
“Waste recycling” means reusing waste materials and extracting valuable materials from a waste stream. (Ord. 3117 § 1 (part), 1988)
16.04.200 Waste reduction.
“Waste reduction” means reducing the amount or type of waste generated, but shall not include reduction through energy recovery or incineration. (Ord. 3117 § 1 (part), 1988)
16.04.210 Disposal.
“Disposal” means the final treatment, utilization processing, deposition or incineration of solid waste, but shall not include waste reduction or waste recycling as defined in this chapter. (Ord. 3117 § 1 (part), 1988)
16.04.220 Excess waste generator.
“Excess waste generator” means a solid waste utility residential customer who regularly (as distinguished from on an occasional basis) places for weekly collection solid waste materials (exclusive of recycling materials) in excess of one hundred eighty gallons. (Ord. 3205 § 5 (part), 1990)
16.04.230 Extra unit of garbage.
“Extra unit of garbage” means an additional thirty-five-gallon can/cart/bag above a customer’s designated level of service. (Ord. 3963 § 5, 2004: Ord. 3826 § 1, 2002)
Chapter 16.08
GARBAGE DISPOSALSections:
16.08.001 Legislative findings and policy.
16.08.002 Plan—Adopted.
16.08.003 Plan—Applicability.
16.08.005 Conformance to local, state and federal requirements.
16.08.010 City’s right to collect.
16.08.012 Waste stream reduction plan.
16.08.020 Deposit in carts or cans or containers required.
16.08.030 Hauling garbage restricted.
16.08.040 Garbage cart required.
16.08.045 Repealed.
16.08.050 Garbage carts—Condition.
16.08.060 Garbage cart—Weight.
16.08.070 Garbage carts and ordinance units—Placement.
16.08.075 Garbage and refuse containers—Placement—Commercial and other nonsingle-family residential establishments.
16.08.080 Overhead clearance of walks, paths and driveways—Distance of storage area from loading area.
16.08.090 Garbage carts—Disturbance by unauthorized person unlawful.
16.08.100 Collection and disposal supervision.
16.08.120 Owner’s permit—Special circumstances.
16.08.121 Owner’s permit—Authorization.
16.08.122 Application.
16.08.123 Procedure for issuance.
16.08.124 Alternate procedure.
16.08.001 Legislative findings and policy.
The Kirkland city council finds and declares:
(1) Section 1(6) of Chapter 431 Laws of 1989, the Washington State Legislature found:
(A) It is the responsibility of every person to minimize his or her production of waste and to separate recyclable or hazardous materials from mixed waste.
(B) It is the responsibility of state, county and city governments to provide for a waste management infrastructure to fully implement waste reduction and source separation strategies, and to process and dispose of remaining waste in a manner that is environmentally safe and economically sound. It is further the responsibility of state, county and city government to monitor the cost effectiveness and environmental safety of mixed waste and recycling programs.
(2) The city and King County entered into an interlocal agreement whereby the parties agreed that they shall cooperate in the county’s development of a comprehensive solid waste management plan.
(3) King County has prepared and proposed a final 2001 comprehensive solid waste management plan and submitted it to the city for approval and adoption.
(4) The city through the Suburban Cities Association participates in the solid waste interlocal forum (King County regional policy committee acting as solid waste interlocal forum) which through Resolution No. RPC 2001-0001A adopted October 25, 2001, has recommended approval and adoption of the final 2001 comprehensive solid waste management plan.
(5) Section 10 of Chapter 431 Laws of the State of Washington 1989 regular session amending RCW 70.95.160 authorizes the city to determine that King County shall not exercise any powers regarding the levels and type of service and rate structures for any aspect of solid waste collection within the city.
(6) The city believes that effective waste stream reduction programs, including recycling and “pay-as-you-throw” variable rate structure, must be so structured as to be compatible with the health and safety goal of elimination of dumping on public and private property.
(7) RCW 70.95.080 and Chapter 431 Laws of 1989 and the King County solid waste management plan as adopted in Section 16.08.002 of this chapter require the city to establish in accordance with the time lines set forth therein, through a joint city/ county solid waste comprehensive program, policies and programs for waste stream reduction and recycling of recyclable waste materials. (Ord. 3828 § 1, 2002: Ord. 3394 § A (part), 1993: Ord. 3205 § 1, 1990)
16.08.002 Plan—Adopted.
The final 2001 King County comprehensive solid waste management plan is adopted. (Ord. 3828 § 2, 2002: Ord. 3394 § A (part), 1993: Ord. 3205 § 3, 1990)
16.08.003 Plan—Applicability.
Pursuant to RCW 70.95.160, the city determines that King County shall not exercise any powers regarding the levels and types of service for any aspect of solid waste collection in the city. King County regulations and ordinances regarding levels and types of service for any aspect of solid waste collection shall not apply within the corporate limits of the city as may now or hereafter be determined by the city. The city shall determine solid waste and recycling collection rates by ordinance and not as set forth in the King County comprehensive solid waste management plan. (Ord. 3394 § A (part), 1993: Ord. 3205 § 4, 1990)
16.08.005 Conformance to local, state and federal requirements.
All waste which is generated and/or placed for collection and collected within the city for delivery to the King County solid waste system for disposal shall be in compliance with the Resource Conservation and Recovery Act as amended (42 U.S.C. 6901, et seq.), Chapter 70.95 RCW, King County board of health rules and regulations No. 8, the requirements of Title 16 of this code, and all other applicable federal, state and local environmental health laws, rules or regulations.
The city manager is authorized to enter into a contract with King County for enforcement by the county of the provisions of this section. The provisions of this section shall apply to all persons within the city, including the city’s contract solid waste collector, and any other persons authorized by this chapter or other laws to collect waste within the city for disposal. (Ord. 3117 § 2, 1988)
16.08.010 City’s right to collect.
The city reserves the right to and may have the option to require the separation of garbage or refuse and may prescribe the method of separate disposal thereof.
“Hazardous waste” as defined in Section 3.20.050 of this code shall not be mixed or commingled with garbage or refuse either in the storage or disposal thereof. As between the city and its garbage customers, ownership of all garbage, refuse and rubbish from the point of collection by the city’s contract collector shall be deemed to be vested in the city. (Ord. 2736 § 2, 1983: Ord. 2038 § 2, 1969)
16.08.012 Waste stream reduction plan.*
The waste stream reduction plan applicable to the entire city of Kirkland is composed of the following elements:
(1) Goal. The goal of the waste stream reduction plan is to divert from the solid waste disposal stream certain types or classes of materials and thereby reduce the amount of solid waste delivered to the King County approved solid waste disposal sites, including Cedar Hills. Performance goals related to waste diversion rate, tonnage of waste reduced and percentage of customers at each service level have been established to monitor progress.
(2) Program Elements.
(A) Effective January 1, 1990, the city established a local program for collection and disposal of household hazardous waste materials. (The program elements are contained in Exhibit A to Kirkland Resolution R3566.)
(B) Provision for alternative collection and/or handling of special commercial wastes as defined in Section 16.04.155, in order that special commercial wastes, which either are or have potential to be nonsolid waste materials which have been determined by the King County solid waste division to be nonacceptable for disposal at Cedar Hills and thereby require a special handling. (The program elements are set forth in Exhibit A to Kirkland Resolution R3466.)
(C) Cooperate and jointly participate with the King County solid waste division in programs for waste reduction, education and publicity, including programs supporting use by all segments of the community of products manufactured in whole or in part from recycled materials.
(D) Yard Waste Recycling. The city of Kirkland has determined there is within the King County area a market for the recovery and utilization of yard waste. The city, during 1989, conducted a pilot voluntary yard waste pickup collection recycling program, which resulted in a thirty-seven-percent diversion from and reduction in the Kirkland to Cedar Hills waste stream. Beginning in March 1990, the city has instituted a source separated yard waste curbside collection and recycling program on a voluntary basis for residential customers. (The program elements are contained in Exhibit A to Resolution R3466.)
(E) Other Recyclable Materials. Subject to the then existence of economically viable markets for the following recyclable materials, establishment of programs either mandatory or voluntary within the implementation timelines, required by Chapter 431 Laws of 1989 (and, where possible, the earlier timelines proposed by the King County solid waste division), to include collection and disposal for recycling of the following:
(i) Newspapers;
(ii) Mixed papers;
(iii) Glass bottles, recyclable plastic bottles and aluminum cans;
(iv) Organic waste;
(v) Electronic waste;
(vi) Textile waste;
(vii) The voluntary recycling by or for commercial customers of cardboard, newspapers, mixed, computer and office papers, yard waste, and construction waste. Depending on cost analysis and available markets, these recycling programs may be carried out through utilization of any of the following collection and disposal options: utilizing the current city solid waste contract collector, a third party collector or drop box or recycling buy-back centers. Where drop box or recycling buy-back centers are not utilized, recycling collection shall to the extent feasible be accomplished curbside;
(viii) Other recyclable materials at such time as there exists for each such material an economically viable market.
(F) Penalty for Excessive Waste Generation. Whenever a solid waste customer receives notice from the solid waste collector of excessive waste generation, such customer shall make application to the city of Kirkland for an excessive waste generation permit.
The city shall, upon request of the customer, issue an excessive waste generator permit and shall notify the solid waste collector of its issuance.
There shall be no charge for the issuance of an excessive waste generator permit. However, the city reserves the right to hereafter impose a waste stream reduction incentive charge or excessive waste generator permit fee on excessive waste generators. The imposition of such fee or charge and the amount thereof shall be established by ordinance.
(G) Multifamily Residential Recycling. Multifamily residential customers may choose and by the city are urged to choose to participate in placement for collection for recycling the following materials: newspapers, mixed papers, and recyclable bottles, cans and plastic containers. Recyclable materials will be collected on the same pickup schedule as solid waste collections. Recyclable materials shall be placed in recycling carts distributed by the city’s solid waste collection contractor. Multifamily residential customers using containers will receive two or more recycling carts as determined by the size of the solid waste container:
Container Size
No. Recycling Carts
2 or fewer yards
2
3 or 4 yards
3
6 yards
5
8 yards
6
10 yards
8
20 yards
15
25 yards
19
30 yards
23
40 yards
30
(Ord. 4015 § 1, 2005: Ord. 3963 § 6, 2004: Ord. 3828 § 3, 2002: Ord. 3394 § C, 1993; Ord. 3328 § 1, 1992; Ord. 3210 § 1, 1990: Ord. 3205 § 2, 1990)
*Code reviser’s note: Ord. 4015 § 4 provides as follows: “Effective date for new rates: The monthly rates established in this ordinance shall go into effect and become the rates to be charged as of January 1, 2006.”
16.08.020 Deposit in carts or cans or containers required.
It is unlawful for anyone to deposit, throw, keep or place any garbage or rubbish on any property, public or private, or in any lane, alley, street or public place except in garbage carts or cans, or detachable containers where authorized or in ordinance units as herein described, placed on private property or on the street or alley when necessary or required, or upon a refuse disposal site. Detachable containers shall be compatible with the collection equipment used by the city garbage contractor. (Ord. 3963 § 7, 2004: Ord. 2231 § 2, 1973: Ord. 2038 § 3, 1969)
16.08.030 Hauling garbage restricted.
It is unlawful for anyone except the following to haul garbage through the streets of the city:
(1) The city’s garbage contractor;
(2) Anyone authorized to collect garbage in the city under RCW Chapter 81.77 for the period of time allowed by Ordinance No. 2219 (pre-existing franchise holders within annexation or consolidated areas for a period of five years after annexation or consolidation);
(3) Anyone authorized to transport garbage and refuse under an “owner’s permit” as established by Section 16.08.120;
(4) Provided however, nothing in this section shall be construed to prohibit a residential occupant from transporting, on a nonregular or occasional basis, surplus accumulations of rubbish or garbage from his residence to an approved disposal site. (Ord. 2231 § 3, 1973: Ord. 2038 § 4, 1969)
16.08.040 Garbage cart required.
All occupants of residences and other dwelling units shall have and use a sufficient number of garbage cans, carts or plastic bags meeting the specifications of Section 16.04.120 to hold all of their garbage and ashes. Additional amounts of rubbish, bundled in ordinance units as herein defined, may be set out for collection. Hot ashes shall not be set out for collection. No garbage shall be placed in ordinance units other than plastic bags meeting the specifications of Section 16.04.120. (Ord. 3963 § 8, 2004: Ord. 3826 § 2, 2002: Ord. 2231 § 4, 1973: Ord. 2038 § 5, 1969)
16.08.045 Waste Wheeler permitted.
Repealed by Ord. 3525. (Ord. 3296 § 3, 1991: Ord. 2736 § 1, 1983)
16.08.050 Garbage carts—Condition.
All garbage carts and detachable containers shall be kept tightly covered and in good condition for garbage storage and handling, and garbage carts and detachable containers which leak or have jagged edges or holes shall not be used. The city manager, at the request of the contractor, in writing, shall determine whether or not the condition of any garbage cart is satisfactory for use. (Ord. 3963 § 9, 2004: Ord. 2038 § 6, 1969)
16.08.060 Garbage cart—Weight.
No garbage cart, when filled, shall weigh more than sixty-five pounds, and it shall be so packed that the contents thereof will dump out readily when the cart is inverted. (Ord. 3963 § 10, 2004: Ord. 3826 § 3, 2002: Ord. 2231 § 5, 1973: Ord. 2038 § 7, 1969)
16.08.070 Garbage carts and ordinance units—Placement.
All garbage carts and ordinance units shall be placed by the occupant in a convenient, accessible location as near as practicable to the city street right-of-way, upon the ground level or ground floor, or in a sturdy rack not over fourteen inches above such level or floor, except that sunken cans may be below the ground level. With automated garbage and recycling trucks, street placement is preferred for the most efficient collection. There shall be two feet clearance between each cart and two feet from any other obstructions (i.e., mailbox, fence, car) so the hauler can access containers with automated truck arms and avoid contact with nearby obstructions. Where no other suitable area is available, garbage carts or ordinance units may be placed in the sidewalk or in the alley for collection, but shall not be so placed until a reasonable time prior to collection and shall be removed within a reasonable time thereafter. Detachable containers may be stored within a building but shall be readily accessible for servicing without unnecessary delay or special collection equipment. (Ord. 3963 § 11, 2004: Ord. 2038 § 8, 1969)
16.08.075 Garbage and refuse containers—Placement—Commercial and other nonsingle-family residential establishments.
The following provisions apply to all commercial and other nonsingle-family residential premises, establishments and/or structures:
(1) Refuse including garbage and rubbish may only be stored for disposal collection in authorized garbage cans and/or detachable containers. Plastic bags may not be used except as liners for garbage cans. Rubbish (containing no garbage) may also be stored in plastic bags provided the plastic bags meet the requirements of Section 16.04.120.
(2) It shall be the duty of the owner or occupant as his agent, to establish and at all times maintain on the premises a storage site for garbage cans and/or containers consistent with the provisions of Section 16.08.070. The city building department shall not issue any building permit or certificate of occupancy to any commercial or other nonsingle-family residential structure or establishment until there has been filed with the city a diagram of the property, structure or establishment showing the location of the designated container storage area. The city’s contract garbage collector shall, upon request and without cost, make available to the owner or occupant technical engineering and planning assistance in respect to the design and planning of garbage and/or refuse container storage areas.
(3) Garbage cans and/or containers may be placed on the sidewalk, alley or street for collection only when no other collection point is feasible. Containers shall not be placed on the sidewalk or at the curbline, nor in the alley or street prior to thirty minutes before scheduled pickup unless the container is an authorized litter receptacle conforming to the requirements of Chapter 7.93 RCW, Model Litter Control Act and the regulations issued thereunder by the Department of Ecology (Chapter 173-310 WAC). (Ord. 2607 § 1, 1981)
16.08.080 Overhead clearance of walks, paths and driveways—Distance of storage area from loading area.
All walks, paths and driveways from the garbage can storage area to the place of loading shall have an unrestricted overhead clearance of not less than eight feet. Normally the garbage can storage area should be not more than twenty-five feet from the public right-of-way providing access for loading in the collector’s vehicle. Where such distance exceeds twenty-five feet, a surcharge may be added to the appropriate monthly rate for collection service. (Ord. 2231 § 6, 1973: Ord. 2123 § 1, 1970: Ord. 2038 § 9, 1969)
16.08.090 Garbage carts—Disturbance by unauthorized person unlawful.
It is unlawful for anyone other than the owner or one authorized by him to deposit any material in any garbage cart or detachable container or to remove the cover therefrom or to remove or disturb any of the contents thereof except for collection. (Ord. 3963 § 12, 2004: Ord. 2038 § 10, 1969)
16.08.100 Collection and disposal supervision.
The city manager is authorized and directed to supervise and manage the collection and disposal of garbage and rubbish hereunder, and shall have general charge and supervision over the administration and enforcement of this title. (Ord. 2038 § 11, 1969)
16.08.120 Owner’s permit—Special circumstances.
The city council finds that there may exist certain special circumstances relating to location or nature of garbage or refuse which justify permitting the owner or occupant of property where such garbage or refuse accumulates to transport such garbage or refuse to an approved disposal site, rather than have it collected by the city contractor. In such a situation an “owner’s permit” may be issued by the city pursuant to Sections 16.08.120 through 16.08.124, inclusive. (Ord. 2231 § 7 (part), 1973)
16.08.121 Owner’s permit—Authorization.
The owner or occupant of any premises within the city may, after obtaining a permit to do so, haul garbage or rubbish accumulated only at such premises through the streets of the city to any disposal site authorized to be used as a disposal site by the city contractor. (Ord. 2231 § 7 (part), 1973)
16.08.122 Application.
Application for owner’s permit shall be made to the city on a form provided by the city.
The application shall set forth the name and address of the owner or occupant to whom the permit is to issue, the street address (residential only) or legal description of the property from which the garbage or refuse is to be hauled, the name and location of the disposal site, the general nature of the garbage or refuse (e.g., cardboard boxes, domestic garbage, industrial chemicals, manufacturing refuse), the type of vehicle to be used, and the name and address of the person who will actually do the transporting of the garbage or refuse if that person is someone other than the owner or occupant or his employee. The application shall be signed by the owner or occupant, and may also be signed by the city contractor. (Ord. 2231 § 7 (part), 1973)
16.08.123 Procedure for issuance.
All applications (other than those processed under the alternate procedure set forth in Section 16.08.124) shall be referred to the director of public works for consideration. Prior to such consideration a copy of the application shall be furnished to the contractor for his review and recommendation.
The application, the recommendation of the contractor, and any recommendations submitted by any city department shall be considered by the director of public works in determining whether such permit shall issue.
Any interested party (including the city) may appeal the determination of the director of public works to the city civil hearing examiner by filing a written request for appeal within ten days of the director’s decision with the office of the city clerk. The appeal shall, to the extent appropriate, follow the hearing examiner procedures of Sections 145.60, 145.70, 145.95 and 145.105 of Ordinance 2740.
Every owner’s permit issued by the city, whether by the procedure in this section or the alternate procedure in the following section, shall identify the person authorized under the permit to transport the garbage or refuse, the general type of garbage or refuse to be transported, the location of the property from which it is to be transported, the disposal site to which it is to be taken, and the name and address of the owner or occupant to whom the permit is issued.
Such permit shall further contain a warning statement concerning spillage and littering on public streets and highways, and may contain such additional conditions as may be required under the circumstances to protect the public health, safety and welfare. (Ord. 3573 § 73, 1997: Ord. 3266 § 1, 1991: Ord. 2231 § 7 (part), 1973)
16.08.124 Alternate procedure.
Whenever an application for owner’s permit has been filed with the city bearing the signature of the owner-occupant and the contractor requesting a limited owner’s permit under this alternate procedure, such permit shall issue. A permit issued under the alternate procedure of this section shall authorize the owner or occupant to transport his own refuse and garbage to an approved disposal site only in a vehicle registered in the name of the owner-occupant. Such permit, in addition to containing the information required by a general owner’s permit, shall also clearly indicate that the permit must be carried in the vehicle of the owner when used to transport garbage or refuse. (Ord. 2231 § 7 (part), 1973)
Chapter 16.12
CITY COLLECTION OF GARBAGESections:
16.12.010 Award of contract.
16.12.020 Billing procedure.
16.12.025 Qualified senior citizens rate.
16.12.030 Collection rates.
16.12.035 Monthly collection rate—Determination.
16.12.040 Payment—Delinquency—Lien.
16.12.050 Payment of moneys into solid waste fund.
16.12.010 Award of contract.
No later than one hundred fifty days prior to the expiration of any existing contract for garbage collection, the city shall commence preparation of specifications, and thereafter advertise and call for bids and from bids received award the contract for the collection and disposal of all solid waste within the city; provided, however, that the city council, by resolution, may authorize the city manager or the director of the department of public works as his delegate to negotiate for the award of a new contract for garbage collection or the extension of any existing garbage collection contract. Upon the award of contract, the contractor shall furnish a corporate surety bond to the city in the sum of five hundred thousand dollars conditioned upon full and faithful performance of his contract and compliance with all laws, statutes, ordinances, rules and regulations relating to his business and the collection and disposal of solid waste. Such contract shall contain a prohibition against assignment thereof or transfer of any interest therein without consent of the city and it shall contain a suitable provision providing for the forfeiture of the agreement for nonperformance of the terms and conditions of the contract and this title. (Ord. 3573 § 74, 1997: Ord. 3194 § 1, 1989: Ord. 2365 § 1, 1977: Ord. 2231 § 8, 1973: Ord. 2123 § 2, 1970: Ord. 2038 § 12, 1969)
16.12.020 Billing procedure.
Charges for collection of garbage are billed as described in Section 15.20.010. If the billing for water service is sent to a person other than the owner of the property served, then the charges for garbage collection will be included in such billing. For purposes of this chapter, the classification “Residential, Single-Family” includes any condominium unit which is a dwelling and has a separate water meter. A condominium unit is a part of property which is governed by the Horizontal Property Regimes Act (RCW 64.32) or the Condominium Act (RCW 64.34). (Ord. 3296 § 4, 1991)
16.12.025 Qualified senior citizens rate.
The solid waste collection rate to be charged to a qualified low-income senior citizen single-family residential customer shall be sixty percent of the rate set forth in Section 16.12.030(1)(A).
For the purposes of this section, “qualified low-income senior citizen” means a person who meets the following qualifications:
(1) Resides in a single-family residential unit;
(2) Customer or spouse, if married, must be sixty-two years of age or older;
(3) Income received by customer and spouse, if married, shall not exceed (from all sources of income), as to either single persons or married persons as the case may be, the annual low income index generated by the county for use in federal housing and community development block grant programs in the county;
(4) Proof of qualification, including verification of income level, shall be made by affidavit of qualification signed under oath by the senior citizen customer and then filed with the city. The affidavit of qualification form shall be furnished by the city;
(5) A single-family residential customer who is either disabled or blind, according to Social Security criteria, and who also meets the qualifications of subsections (1) and (3) of this section shall for the purposes of this section be a qualified senior citizen customer. (Ord. 3771 § 1, 2000: Ord. 3248 § 1, 1991: Ord. 3198 § 1, 1989)
16.12.030 Collection rates.
The rates to be charged for solid waste collection service in the city shall be as follows:
(1) Residential.
A.
Single-Family (Per Month)
Rate
Monthly Service
35-gallon cart
$ 6.92
Ongoing carry-out surcharge
16.21
Weekly Service
20-gallon mini cart
$12.69
35-gallon cart
19.67
64-gallon cart
27.11
96-gallon cart
43.26
35-gallon equivalent “extra”
7.50
Extra Yard Debris Service
96-gallon cart
$10.53
As stated in Section 16.12.025, a senior citizen’s discount of forty percent of the rate set forth here is available for qualified residents.
One gray yard waste cart and one blue recycling cart is provided to each customer at no extra charge. The contractor will charge a fee for additional yard waste receptacles above the first set provided. The contractor will provide a 35- or 96-gallon recycling cart on request to new residents and those residents needing less or additional capacity than provided by the default 64-gallon recycling cart.
B.
Miscellaneous Service Fees (Per Occurrence)
Rate
Return trip
$13.69
Drive-in charge
6.24
Redelivery fee (carts)
19.78
Carry-out surcharge
3.74
C.
On-Call Bulky Waste Collection Fees (Per Occurrence – Per Item)
Rate
Appliances
$98.89
Refrigerator/freezer
98.89
Sofa
98.89
Chair
98.89
Mattress or box springs
98.89
Tire: Auto/light truck
26.37
Tire: Bus/heavy truck
32.97
Tire: Additional for rims or wheels
19.78
Miscellaneous, per cubic yard
72.50
D.
Temporary Container Service
Rate
Temp. 2-yard container
$53.89
Daily rent
1.20
Delivery fee
45.58
Temp. 4-yard container
68.31
Daily rent
1.49
Delivery fee
45.58
Temp. 6-yard container
82.26
Daily rent
1.80
Delivery fee
45.58
Temp. 100-yard container
2,682.62
(2) Multifamily and Commercial.
A.
Carts
Rate
Weekly Service
20-gallon mini cart
$12.69
35-gallon cart
19.67
64-gallon cart
27.11
96-gallon cart
43.26
35-gallon equivalent “extra”
7.50
As stated in Section 16.12.025, a senior citizen’s discount of forty percent of the rate set forth here is available for qualified residents.
B.
Miscellaneous Services (Per Event)
Rate
Return trip
$31.83
Carry-out service (per container)
3.54
Redelivery
44.79
Roll-out container
5.89
Unlock container
2.00
Gate opening
3.54
Steam cleaning (per yard)
21.22
C.
Comm./Mf. Uncompacted Containers
Rate
1 Cubic Yard Uncompacted
1 pickup/week/container
$ 91.90
2 pickups/week/container
172.94
3 pickups/week/container
253.98
4 pickups/week/container
335.04
5 pickups/week/container
416.08
6 pickups/week/container
497.13
1.5 Cubic Yard Uncompacted
1 pickup/week/container
$108.93
2 pickups/week/container
205.12
3 pickups/week/container
301.31
4 pickups/week/container
397.49
5 pickups/week/container
493.70
6 pickups/week/container
589.89
2 Cubic Yard Uncompacted
1 pickup/week/container
$125.11
2 pickups/week/container
234.45
3 pickups/week/container
343.79
4 pickups/week/container
453.13
5 pickups/week/container
562.46
6 pickups/week/container
671.80
3 Cubic Yard Uncompacted
1 pickup/week/container
$153.71
2 pickups/week/container
289.34
3 pickups/week/container
424.96
4 pickups/week/container
560.61
5 pickups/week/container
696.25
6 pickups/week/container
831.88
4 Cubic Yard Uncompacted
1 pickup/week/container
$183.07
2 pickups/week/container
344.98
3 pickups/week/container
506.92
4 pickups/week/container
668.85
5 pickups/week/container
830.77
6 pickups/week/container
992.71
6 Cubic Yard Uncompacted
1 pickup/week/container
$ 239.56
2 pickups/week/container
454.07
3 pickups/week/container
668.58
4 pickups/week/container
883.12
5 pickups/week/container
1,097.63
6 pickups/week/container
1,312.16
8 Cubic Yard Uncompacted
1 pickup/week/container
$ 295.05
2 pickups/week/container
562.17
3 pickups/week/container
829.27
4 pickups/week/container
1,096.38
5 pickups/week/container
1,363.50
6 pickups/week/container
1,630.60
“Extra” Uncompacted Cubic Yard
46.14
D.
Comm./Mf. Compacted Containers (Weekly Pulls)
Rate
1
cubic yard container
$181.68
1.5
cubic yard container
236.39
2
cubic yard container
290.04
3
cubic yard container
392.60
4
cubic yard container
496.12
6
cubic yard container
991.97
E.
Comm./Mf. Yard Debris
(Per Month)Rate
96-gallon cart (weekly collection)
$10.69
2 cubic yard container (weekly)
82.14
Extra cubic yard
25.55
Extra yard debris 32-gallon can
3.79
F.
Roll-Off Container Rental
Permanent Noncompacted Service
Rate
10 cubic yard container
$32.71
15 cubic yard container
38.16
20 cubic yard container
49.07
25 cubic yard container
54.52
30 cubic yard container
59.97
40 cubic yard container
65.43
G.
Roll-Off Container Rental
Temporary Noncompacted Service
Rate
10 cubic yard container
$38.16
15 cubic yard container
43.62
20 cubic yard container
50.16
25 cubic yard container
56.70
30 cubic yard container
62.16
40 cubic yard container
73.06
(3) Comm./Mf. Drop-Box Collection (Per Haul).
A.
Noncompacted Service
Rate
10 cubic yard container
$110.80
15 cubic yard container
110.80
20 cubic yard container
110.80
25 cubic yard container
110.80
30 cubic yard container
110.80
40 cubic yard container
110.80
B.
Compacted Service
Rate
10 cubic yard container
$122.61
15 cubic yard container
122.61
20 cubic yard container
122.61
25 cubic yard container
122.61
30 cubic yard container
122.61
40 cubic yard container
122.61
C.
Temporary
Rate
10 cubic yard container
$116.70
15 cubic yard container
116.70
20 cubic yard container
116.70
25 cubic yard container
116.70
30 cubic yard container
116.70
40 cubic yard container
116.70
Delivery fee – all temp. customers
88.41
D.
Additional Services
Additional mileage charge for hauls to other sites
Charge per mile
$ 4.36
Return trip
38.16
Solid drop-box lid charge (per month)
38.16
Pressure washing (per yard)
8.72
Stand-by time (per minute)
2.18
Hourly Rates
Rear/side load packer and driver
$114.49
Front load packer and driver
114.49
Drop-box truck and driver
114.49
Additional labor (per person)
54.52
(4) Wherever detachable containers are used having a capacity for which a rate has not been established, the director of public works is authorized to establish a rate for such container, which shall be consistent with the ratio of the container capacity to rate charged for the rate herein established.
(5) In addition to the collection rates established in subsections (1), (2) and (3) of this section, there shall be included a county board of health hazardous waste charge as follows:
(A) For each single-family residential customer the amount of eighty cents per month;
(B) For each multifamily and nonresidential (commercial) customer the sum of nine dollars and seven cents per month. (Ord. 4131 § 1, 2008: Ord. 4115 § 1, 2007: Ord. 4063 § 1, 2006: Ord. 4015 § 2, 2005: Ord. 3963 § 13, 2004: Ord. 3907 § 1, 2003: Ord. 3826 § 4, 2002: Ord. 3807 § 1, 2001: Ord. 3773 § 1, 2000: Ord. 3728 § 1, 1999: Ord. 3669 § 1, 1998; Ord. 3667 § 1, 1998: Ord. 3639 § 1, 1998; Ord. 3584 § 1, 1997: Ord. 3468 § 1, 1995: Ord. 3349 § 1, 1993; Ord. 3338 § 1, 1992: Ord. 3328 § 2, 1992: Ord. 3296 § 5, 1991: Ord. 3265 § 1, 1991; Ord. 3248 § 2, 1991; Ord. 3219 §§ 1—3, 1990; Ord. 3194 § 2, 1989)
16.12.035 Monthly collection rate—Determination.
The monthly solid waste collection rate to be charged, billed and paid by each customer shall be the sum of the appropriate customer or service classification rate set forth in Section 16.12.030, together with an additional amount equal to the proportionate share of the gross revenue tax levied upon refuse collection business activity by the city pursuant to Section 5.08.050 of the Kirkland Municipal Code, which amount may be separately itemized in the billing statement going to the customer, together with such solid waste taxes as may be levied by the state of Washington. (Ord. 3194 § 3, 1989: Ord. 2503 § 1, 1979)
16.12.040 Payment—Delinquency—Lien.
All charges for services rendered shall be payable to the city on the date shown on the face of the bill. Charges for services remaining unpaid at the close of business on the thirtieth day following the billing date shall be considered delinquent and automatically subject to an additional charge, as a penalty, of ten percent. The amount of unpaid service charges, penalties or costs shall become a lien against the property for which the garbage collection service is rendered. The city may make such lien of public record by filing a notice thereof specifying the amount due, the period covered by said amount and giving a legal description of the premises for which the service was rendered. Such lien shall be filed with the same official and within the time and shall be foreclosed within the time and manner prescribed by law for filing and foreclosing liens for labor and material. Furthermore such liens shall be prior to any and all other liens and encumbrances filed subsequent to the filing of such lien, but shall be subject to all general taxes and local improvement assessments whether levied prior to or subsequent thereto. In addition to any other costs or penalties which may be added to a delinquent account, the lien on the property will not be released until the city’s costs of collection are reimbursed. The minimum cost of collection when a lien is recorded shall be forty dollars. (Ord. 3296 § 6, 1991: Ord. 2038 § 15, 1969)
16.12.050 Payment of moneys into solid waste fund.
All sums received by the city pursuant to this title shall be paid into the solid waste fund and all expenses of administration and operation of the solid waste activities authorized by this title shall be paid from that fund. (Ord. 4015 § 3, 2005: Ord. 2038 § 16, 1969)
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