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HomeMy WebLinkAbout1537 Ordinance7-5-72 ORDINANCE NO. 15 3 7 AN ORDINANCE RELATING TO HEALTH AND SANITA- TION; PROVIDING FOR AND REGULATING THE COL- LECTION, TRANSPORTATION AND DISPOSAL OF SOLID WASTE IN THE CITY OF PASCO; PROVIDING FOR RATES AND CHARGES THEREFOR; CREATING A "SOLID WASTE FUND"; PROVIDING FOR PENALTIES FOR THE VIOLATION THEREOF AND REPEALING ORDINANCES IN CONFLICT HEREWITH. THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. PURPOSE: In order to better provide for the maintenance of health and sanitation within the City of Pasco it is the intention to make the collection of solid waste within the City of Pasco compulsory and universal. Only the City, or its contractors, if any, or persons as provided herein may engage in the business of collection, transportation and disposal of solid waste. Section 2.1 ASHES: The word "ashes" when used in this ordinance shall mean the solid waste pro- ducts of coal, wood and other fuels used for heating and cooking. Section 2.2 BRUSH: The word "brush" when used in this ordinance shall include sawdust, wood waste, logs and tree limbs. Section 2.3 COMMERCIAL ESTABLISHMENT: The term "commercial establishment" when used in this ordinance shall mean any establishment, whether or not utilized for private gain, that is not a resi- dence or a public food establishment as defined herein. Section 2.4 GARBAGE: The word "garbage" when used in this ordinance shall mean and include all putrescible waste including vegetable and animal offal but not including car- cases of dead animals, sewage and human remains or body wastes. Section 2.5 MULTI -FAMILY RESIDENCE: The term "multi -family residence" when used in this ordinance shall mean any building or establishment in which three or more families are separately housed including mobile home parks, rooming houses and boarding houses. Section 2.6 OCCUPIED PREMISE: The term "occupied premise" when used in this ordinance shall mean any premise that is not an "unoccupied premise" as defined herein. Ordinance No. 1 5 3 7 Section 2. 7 PERSON: -2- Date: 7-5-72 The word "person" when used in this ordinance shall mean any person, firm, partnership, association or corporation. ection 2.8 PUBLIC FOOD ESTABLISHMENT: The term "public food establishment" when used in this ordinance shall mean any restaurant, hotel, cafe, drinking place, grocery, food market, boarding house, school, church or any other establishment where food or drink is served, provided or prepared for the public with or without charge. Section 2.9 RESIDENCE: The word "residence" when used in this ordinance shall mean any separate living unit or a combination of two living units situated on one premise in which up to and including two families are separately housed. Section 2.10 RUBBISH: The word "rubbish" when used in this ordinance shall mean and include all non- putrescible waste except ashes. Section 2.11 SANITARY FILL OPERATOR: The term "sanitary fill operator" when used in this ordinance shall mean the per- son entering into a contract with the City of Pasco, if so designated by the City Council, for the disposal of solid waste as provided herein. Section 2.12 SANITARY LAND FILL: The term "sanitary land fill" when used in this ordinance shall mean the method of disposing of refuse on land without creating nuisances or hazards to public health or safety, but 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. Section 2.13 SOLID WASTE: The term "solid waste" when used in this ordinance shall mean all putrescible and non-putrescible solid and semi-solid waste including garbage, rubbish, ashes, industrial waste, swill, demolition or construction waste, abandoned vehicles or parts thereof and discarded commodities. Section 2.14 SOLID WASTE COLLECTOR: The term "solid waste collector" when used in this ordinance shall mean the per- son entering into contract with the City of Pasco, if so designated by the City Council, for the collection and transportation of solid waste as provided herein. Ordinance No. 1 5 3 7 -3- Date- 7-5-72 Section 2.15 SWILL: The word "swill" when used in this ordinance shall mean every solid waste ac- cumulation of animal, fruit, vegetable matter, liquid or otherwise, that attends the preparation, cooking, dealing in or storing of meat, fish, fowl, fruit, vege- tables but'not including coffee grounds . Section 2.16 UNOCCUPIED PREMISE: The term "unoccupied premise" when used in this ordinance shall mean any resi- dence or establishment that does not currently house a person, family or is in current use for which the owner or his authorized agent has notified the City Finance Director that the premise is so vacant for a minimum time period of more than one week. Section 3. SUPERVISION BY THE CITY: The City Manager is hereby empowered and authorized to appoint a suitable and qualified person(s), subject to budget provisions, to supervise the collec- tion, transportation and disposal of solid waste and garbage and for the super- vision of the sanitary land -fill operation. Inspection of the solid waste collec- tion, transportation and disposal within the City is designated to be performed by the Benton -Franklin Health District. All inspections shall meet all City and State Department of Ecology requirements. Section 4. INDEMNIFICATION AND INSURANCE: In the event the City elects to contract for the services defined in this ordinance, the contractor shall agree to indemnify the City of Pasco against any and all claims for loss, liability, death or damage, arising out of or in connection with the solid waste service and in connection with or arising out of the acts or negligent omis- sions of the contractor's officers, agents or employees, however caused. The contractor shall appear and defind any action or suit instituted against the City arising in any manner out of the acts or omissions defined above. The contractor shall procure and maintain, at his own expense during the life of this contract, liability insurance to include Completed Operations and Contractual Coverages, as hereinafter specified: Contractor's General Public Liability and Property Damage Insurance, including vehicle coverage, to provide basic limits of $100,000., injury to any one person and $300,000. any occurrence; and $100,000., property damage for each occurrence; and excess $1,000,000. single limit any one occurrence combined Personal Injury and/or Property Damage. The City of Pasco is to be named as an additional insured under the Contractor's policy and the Contractor's insurance policy is to be primary insurance coverage. All such insurance shall be subject to the approval of the City of Pasco for ade- quacy of protection, and shall include a provision preventing cancellation or al- teration without ten (10) days prior notice to the City of Pasco in writing. Section 5. REPORTING: In the event a contractor acts as solid waste collector, he shall report to the Finance Department of the City the following information on a weekly basis for those premises that are not otherwise provided water or sewer service by the City. The City will furnish the contractor a listing of such premises . Ordinance No. 1 5 3 7 -4- Date: 7-5-72 a) Premises which have become vacant and unoccupied during the preceeding week and to which solid waste collection service has previously been provided. b) Premises that are newly occupied which previously were unoccupied. For any premise or establishment he shall report any changes in the number of pick-ups per week and the number of solid waste cans or containers per pick-up. Section 6. COLLECTION OF SOLID WASTE: a) Contracts -- General: It shall be unlawful for any person, other than the City or its contractor, if any, to engage in the business of collecting, removing, transporting or disposing of solid waste in the City, except as otherwise specifically provided in this ordin- ance. b) Contracts for Solid Waste Collection: In the event it is advisable for the City to arrange for the collection of solid waste from within the City by other than its own forces, it may, in accordance with the law, contract with another person to perform such service. If such a contract is entered into with such person, the City shall pay to such contractor on a monthly basis, payable within the first fifteen (15) days of the month subsequent to the furnishing of such service, less any charges, fees or taxes, the amount as pro- vided for in the contract. c) Contracts for Swill Collection: The City Manager, with the approval of the City Council, is authorized to enter into contracts in the name of the City providing for the collection and removal of swill from public food establishments by persons other than its own forces or contractor, if any. Such contracts shall contain adequate safeguards to assure the sanitary handling of the swill, sufficient security to protect the City against claims arising out of the collection and removal of swill by the other persons to the contract, shall include a provision for a contract payment to the City, and may provide that the person has the exclusive right to collect swill from public food establishments in the City. d) Solid Waste Cans or Containers Required: Every person in possession, charge or control of any residence, multi -family residence, public food establishment, or commercial establishment where solid waste, garbage or swill is created or accumulated shall keep or cause to be kept sufficient and satisfactory cans or containers for the deposit therein of all such solid waste produced by such establishment. Such person shall deposit or cause to be deposited in such cans or containers all solid waste produced by such estab- lishment. e) Specifications for Cans and Containers: Solid waste cans and containers shall be strong, water tight, water impermeable, not easily corrodable, rodent proof and insect proof. Cans shall not be less than 15 nor more than 32 gallons capacity. Cans shall have two handles at the sides thereof or other suitable handle. The City or solid waste collector, if any, with the approval of the Benton -Franklin Health District may make special arrange- ments with owners or operators of public food establishments and commercial es- tablishments to permit the use of containers of greater capacity than 32 gallons which may be of non-standard construction. All cans and containers shall meet all State Department of Ecology requirements and plastic bags may be substituted therefor providing they meet said requirements. Ordinance No. 1 5 3 7 -5- Date: 7-5-72 f) Maintenance of Cans and Containers: Cans and containers shall be kept in a sanitary condition inside and out. Lids shall be kept on cans and containers except while solid waste is being deposited or removed. Subsequent to any person depositing solid waste in or removing solid waste from a can or container, he shall replace the lid on the can or con- tainer. g) Accumulation of Solid Waste: No person shall permit unconfined solid waste in such quantities as to create a fire hazard or a hazard to public health and safety. h) Preparation of Garbage from Residences: All garbage created in any residence shall be drained and securely wrapped in paper or other materials in such a manner so as to nearly as possible prevent moisture from such garbage from coming in contact with the sides or bottom of the can or container. i) Bundling of Solid Waste and Brush from Residences: Boxes, cartons, shrubs, trees (less than 6" in diameter), small tree limbs, strips of boards or lumber and other solid waste may be broken or cut and tied into bundles that shall not exceed 5' in the longest dimension and 2' in girth and not exceeding 80 pounds. j ) Handling of Ashes: Ashes and clinkers shall be placed in non-combustible containers. Hot ashes or clinkers shall not be set out for removal. k) Weight Limitation: No bundle, can or other container to be set out for removal shall weigh more than 80 pounds when filled unless the City or Solid Waste Collector, if any, authorizes a greater weight. 1) Separation of Solid Waste: The City reserves the right to and may have the option to require separation of paper or swill or other component parts of refuse and may require the deposit thereof in separate cans or receptacles and may prescribe the method of storage, collection and disposal thereof. m) Points of Collection: Points of collection in industrial and commercial areas shall be the service en- trances of such establishments which are located on alleys or service roads. However the City or Solid Waste Collector, if any, may enter into special agree- ments for collecting solid waste at other points. Residential area solid waste shall be placed at the street curb or in an alley for pickup as designated by the City or Solid Waste Collector, if any. An additional charge over and above the regular charge may be made if the can or container is kept adjacent to or within a building, in a basement, up stairs, or is inaccessible by reason of locked doors or if it is necessary to call or knock for the owner or occupant of the premises to gain admittance. Said additional charge shall be based upon the extra time consumed. Ordinance No. 15 3 7 -6- Date: 7-5-72 n) Schedule of Collections: Residential solid waste shall be collected at least once each week. Solid waste from public food establishments shall be deposited in appropriate containers for collection at least once each day that the establishment is in operation except Sunday and Holidays. Solid waste from commercial establishments shall be de- posited for collection at least once each week and may be scheduled by the City or Solid Waste Collector, if any, in accordance with special arrangements with the owner or occupant. o) Removal of Dead Animals: It shall be the duty of the owner of any dead animals to forthwith cause the same to be removed and be disposed of. In the event the owner of said dead animal is unknown, then in such an event, 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 lo- cated to forthwith cause the same to be removed and disposed of. p) Burning: No burning shall be permitted except as allowed under Regulation I of the Benton - Franklin -Walla Walla Counties Air Pollution Control Authority dated January 1, 1972 or as amended, and the Fire Code of the City of Pasco. Section 7. TRANSPORTATION OF SOLID WASTE: a) Vehicles to be Covered: Trucks , trailers or other vehicles transporting solid waste from the point of col- lection to the point of disposal shall be water tight and tightly covered to pre- vent solid waste from spilling, falling or otherwise escaping from the vehicle. The Solid Waste Collector, if any, shall keep his vehicles in a clean and present- able condition. b) Private Transportation: Excess solid waste from any residence or commercial establishment within the City may be hauled in accordance with this section from such residence to an approved disposal site in a car, truck or small trailer providing it is in solid waste cans or such vehicle is constructed and operated in a manner that solid waste will not leak, spill, fall or otherwise escape from the vehicle. c) Special Collection and Transportation: The City may designate a special clean-up period each year during which time the City and the Solid Waste Collector, if any, may collect solid waste other than garbage and swill at no additional cost to residences or establishments. d) Destination: It shall be a violation of this ordinance to transport solid waste over the streets and alleys of the City of Pasco which is destined to or is subsequently unloaded at other than authorized disposal sites, except that which is being transported to approved salvage or recycling plants. Section 8. DISPOSAL OF SOLID WASTE: a) Disposal Site: The City or a Sanitary Fill Operator, if any, shall designate an appropriate site as the place where solid waste shall be dumped in accordance with this ordinance. The City or the Solid Waste Collector, if any, shall operate the site as a sanitary fill in accordance with approved sanitary standards. Solid waste originating from within the City and transported by the City, if it operates as Collector; its Solid Waste Collector, if any; or'not more than solid waste contained within 2 cans from a residence within the city, hauled by the resident may be deposited at the disposal site without charge. Other depositors shall be charged the applicable rates as recited herein. Ordinance No. 1 5 3 7 -7- Date: 7-5-72 b) Scavenging Prohibited: It shall be unlawful for any person to scavenge or salvage solid waste at any City or Contractor -owned disposal site except as herein provided. In the event the City operates the disposal site, the City Manager is authorized to enter into a contract in the name of the City granting an exclusive right to salvage any class of solid waste and if a Contractor owns and operates the site he may also so contract providing such salvaging shall not interfere with the operation of the site and shall be approved by the Benton -Franklin Health District. c) Open to Public: The disposal site shall remain open from 8:00 A.M. to 5:00 P.M. Monday through Saturday. Section 9. SOLID WASTE FUND: There is hereby created and established a special fund to be known and desig- nated as the "SOLID WASTE FUND" into which all monies collected under this ordinance shall be deposited and kept by the Treasurer of the City and from which all expenses for the supervision, collection, transportation and disposal of solid waste and other operational expenses as recited herein shall be paid. Section 10. SCHEDULE OF SERVICE CHARGES: a) Occupied Residence_: The person responsible for water service to each residence or separate unit therefore shall be charged $ 2 •25 per month for each occupied residence or unit thereof for the weekly removal of up to two cans per week of solid waste from each resi- dence or unit therefore. b Occupied Multi -Family Residence: The person responsible for water service to each unit or units of a multi -family residence shall be charged $ 2.10 per month per unit for the weekly removal of up to two cans per week of solid waste from each residence unit of the premise. As an alternate the person responsible for water service may contract for central- ized container service at the rate specified herein. c) Commercial Establishment: The minimum monthly charge shall be $ 3.40 per month for the weekly re- moval of up to two cans per week of solid waste from the premises. As an alternate, container service may be contracted for at the rate specified herein. As a further alternate large accounts may be covered by a special contract. d) Public Food Establishment: The charge for a public food establishment shall be $ 10.00 per month per can for daily service as described herein. The minimum monthly charge shall be $ 10.00 . As an alternate the person responsible for water service to the public food establishment may contract for container service at the rate speci- fied herein. e) Extra Can or Bag Charges: There shall be a charge of $ 0.20 per can or bag per week for the removal of each can or bag in excess of two (2) cans or bags per week. Ordinance No. 1 5 3 7 W11 Date: 7-5-72 f Container Charges: There shall be the following charges for various sizes of containers for solid waste removal: One (1) cubic yard container: $ 3.40. per pickup, but with a minimum charge of $_15.00 per month. Two (2) cubic yard container: $ 5.40 per pickup, but with a minimum charge of $ 25.00 per month. Three (3) cubic yard container: $ 8.40 per pickup, but with a minimum charge of $_40.00 per month. Drop Off Containers: $ 1 . 10 per cubic yard per pickup plus $ 0.40 ; but with a minimum charge of $ 2.20 per cubic yard plus $ 0.80 per month. All containers and required equipment to handle the containers shall be furnished by the contractor. Miscellaneous Chartres: 1) Deposit of Solid Waste at the Disposal Site: Except for cans from residences as described in Section 8-a) there shall be a charge of $ 1.25 per cubic yard with a minimum charge of $ 0.50 per load. 2) Burning Barrels: The charge for the collection and disposal of burn- ing barrels and containers of similar size shall be $1.50 per each. 3) Special Collections: $ 17.60 per hour shall be charged for the collection of an unusual accumulation of solid waste by special one- man crews. The service charge for collections requiring a two-man crew shall be $ 25.85 per hour. The mini- mum charge for such service shall be $4.50 and $6.50 re- spectively. Section 11. BILLING PROCEDURE: The charges for solid waste collection and disposal as included herein shall be compulsory and universal and shall be billed by the Finance Department. Such charges shall be included with the billing for water and sewer utility service. The charges shall be paid to the City by the person responsible for the said utility billings and shall be paid not later than 30 days after the billing is mailed and, if not so paid, the charges shall be deemed delinquent. In the event of delinquency, charges for solid waste collection and disposal shall become a lien against the pro- perty prior to all other liens and encumbrances filed subsequent to such notice ex- cept liens for general taxes and local improvement assessments. Interest shall ac- crue upon delinquent accounts at 8% per year from date of delinquency until paid; and in the event of foreclosure said lienable charge shall include all costs and fees of foreclosing said lien. Billings for commercial accounts shall be mailed to the tenant in possession unless special instructions to the contrary are received from the owner. Ordinance No. 1 5 3 7 -9- Date: 7-5-72 Section 12. IMPLEMENTATION DATE: In the event the City elects to contract for any of the services described in this ordinance, the Contractor and the City shall mutually agree on the date of imple- mentation which shall be on the first of any month, but not more than three months subsequent to the award of a contract. Payment of any franchise fees heretofore collected shall terminate on the first of the said month and any utility business tax charged the Contractor shall commence as of the first of the said month which shall also establish the start of the quarter system for the payment of the tax. ction 13. PENALTIES: Any person convicted of a violation of any provision of this ordinance shall be punished by a fine of not more than $300.00 or by imprisonment for not more than 90 -days or by both such fine and imprisonment. For any violation of a con- tinuing nature, each day's violation shall be considered a separate offense and shall subject the offender to the above penalties for each such offense. Section 14. SEVERABILITY: Any section, provision or part thereof of this ordinance that may be adjudged to be invalid or un -constitutional shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not so judged invalid or un -constitutional. Section 15. REPEALER: Section 6.04.010 through 6.04.070 of the Pasco Municipal Code and all ordin- ances in conflict herewith are hereby repealed. Such repeal shall not reinstate any other ordinance therein repealed. Section 16. EFFECTIVE DATE: This ordinance shall be in full force and effect on the 1st 1972. PASSED and APPROVED this Atte st: Harty D ..,Kgnzer, City Clerk 5th day of Jul Fo' Approve'd.ds to form: 4 A�, D. Wayne Campbell, City Attorney Publication Date: 1972 day of August Donald D . Linton, Mayor 1972.