HomeMy WebLinkAbout2800 Health and Sanitation: Solid Waste Collection and Disposal; Low Income Disabled Senior Solid Waste Rate Reduction ProgramOrdinance No. 2800
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING
THE PORT TOWNSEND MUNICIPAL CODE, CHAPTER 6, HEALTH
AND SANITATION, SECTION 6.04 SOLID WASTE COLLECTION AND
DISPOSAL, AND SECTION 6.06 LOW INCOME DISABLED, SENIOR
SOLID WASTE RATE REDUCTION PROGRAM, RELATING TO RATES,
SOLID WASTE CONTRACTOR AND OTHER PROVISIONS
CONCERNING SOLID WASTE COLLECTION AND DISPOSAL
WHEREAS, the City Council of the City of Port Townsend has adopted a
resolution authorizing the City Manager to execute a solid waste contract with DM
Disposal Company, Inc., for collection and disposal of solid waste in the City of Port
Townsend; and
WHEREAS, certain provisions of the Port Townsend Municipal Code 6.04 and
6.06 need to be modified in order to make provisions in the Port Townsend Municipal
Code and the solid waste contract consistent; and
WHEREAS, the City Council determines that the proposed changes to the Port
Townsend Municipal Code relating to solid waste contract collection and disposal are
appropriate; and
NOW, THEREFORE, the City Council of the City of Port Townsend ordains
the following:
SECTION 1. Chapter 6, Health and Sanitation, Section 6.04, Solid Waste
Collection and Disposal, of the Port Townsend Municipal Code is hereby amended and
shall read as follows (underline is added; strike through is deleted):
Page 1 Ordinance 2800
Sections:
6.04.010
6.04.020
6.04.030
6.04.040
6.04.050
6.04.070
6.04.080
6.04.090
6.04.100
6.04.110
Chapter 6.04
SOLID WASTE COLLECTION
AND DISPOSAL
Definitions.
Solid waste accumulation prohibited - Disposal of hazardous waste.
Garbage - Containers - Placement at curbside - Sanitary condition -
Penalty.
Mandatory customer participation.
Collection schedule.
N~ber of cont~ners - Frequency of collection - Appeal to city
council.
Commercial and industrial solid w~te collation.
Yard waste collection.
M~~ container size.
~ope~y owner liable for accounts - Lien against the property.
6.04.10 Definitions.
A. In administering this chapter, the following words and terms shall have the
following meanings:
"Commercial compacted garbage", as used in this chapter, means commercial garbage
or waste that has been compacted by compactor equipment that is owned, rented or
leased by the customer or by a business or entity conforming with all requirements set
forth in PTMC 6.04.040. All compaction equipment shall be compatible with the solid
waste contractor's equipment.
"Commercial complex" shall consist of all buildings or businesses located on a single
parcel of real property, and which property, businesses and buildings are owned by the
same person or entity.
"Commercial refuse" and "commercial solid waste" means all solid wastes which
originate in businesses, office buildings, stores, markets, theaters, and other
nonresidential buildings. Commercial refuse may be classified as either "garbage" or
"rubbish."
"Curb" or "curbside" means the area adjacent to the public street, private street used
for general circulation, or alley, extending from the street or alley not more than five
feet onto the homeowner's property. If extraordinary circumstances preclude curbside
placement, "curbside" shall be considered a placement suitable to the resident and
convenient to the solid waste contractor's equipment, as approved by the director of
public works.
"Director" or "director of public works" or "public works director" means the city of
Port Townsend director of public works, or designee, who is the official or employee
of the city delegated and authorized to administer the Port Townsend Municipal Code
provisions for collection of solid waste, including the administration of this solid waste
collection contract; provided, however, all financial matters provided in this chapter,
Page 2 Ordinance 2800
including but not limited to collection of rates, shall be administered by the city finance
director or designee.
"Drop box" means an all-metal container, typically used for collection of recyclable
material and other solid waste, with lidded or nonlidded cover, with capacity of not less
than 10 cubic yards, and not more than 50 cubic yards.
"Dumpster" means an all-metal container, with lidded or nonlidded cover, typically
with capacity of one, one and one-half or two yards, capable of being picked up by a
mechanical device and dumped into solid waste collection vehicles.
"Garbage" means all putrescible animal, fish, food, fowl, fruit, grain or vegetable
matter resulting from the preparation, storage, handling, decay or use thereof, and all
organic waste.
"Hazardous waste," means and includes any and all substances, material or things
defined or designated as "hazardous waste," "hazardous substance" or "hazardous
material" under any state or federal law or regulation.
"Multifamily dwelling" means any residential complex, including apartment buildings
and mobile home parks, designed exclusively for residential occupancy by five or more
families living independently of each other receiving solid waste collection service for
the entire complex.
"Person" means and includes any person, partnership, corporation, association, firm or
other entity.
"Putrescible" refers to those items that are liable to rot or putrefy.
"Recyclable material" means those solid wastes that are separated from other solid
wastes for recycling or reuse, such as papers, metals and glass, that are identified as
recyclable material in accordance with the City of Port Townsend Waste Reduction and
Recycling Plan, the contract between the city and the solid waste contractor, and the
provisions of this chapter.
"Rubbish" means all sweepings, cleanings, trash, litter, broken crockery, glassware,
waste building materials, containers, ashes, cast-off clothing, metal, wire, and all other
nonputrescible or other discarded material or debris. However, in the event a customer
places recyclable material in a rubbish container, such materials shall be considered to
be "rubbish."
"Single-family" or "single-family residential" means a residential unit or structure,
including duplex, triplex, fourplex, and homes with city-permitted accessory dwelling
units, designed for occupancy by four or fewer families living independently of each
other.
"Solid waste" or "wastes" means all putrescible and nonputrescible solid and semisolid
wastes including, but not limited to, garbage, rubbish, refuse, ashes, swill, residential
yard waste, and recyclable material.
"Solid waste contractor" means the contractor or business entity retained by the city of
Port Townsend by coniract approved by written resolution of the city council to
perform solid waste collection services within the city of Port Townsend.
"Yard waste" or "residential yard waste" means lawn or grass clippings; leaves;
weeds; clippings of woody as well as fleshy plants; tree, brush and shrub pruning
debris; branches and limbs which are tied with string in bundles of not more than four
feet in length, and not more than two feet in diameter, and weighing not more than 40
Page 3 Ordinance 2800
pounds for each bundle. With the exception of Christmas trees, materials larger than
four inches in diameter and four feet in length shall not be considered yard waste, and
shall not be subject to collection under the terms of this chapter. Yard waste does not
include dirt, rocks, sod, and such items as pumpkins, apples and food compost.
B. Terms not defined herein shall have the meaning found in the following sources:
1. Chapter 70.95 RCW;
2. The Port Townsend Waste Reduction and Recycling Plan; and
3. The common dictionary. (Ord. 2675 § 2, 1998; Ord. 2620 § 2, 1997; Ord. 2221 § 1,
1990; Ord. 1138 § 1, 1942).
6.04.020 Solid waste accumulation prohibited - Disposal of hazardous waste.
A. It shall be unlawful for any person to allow any solid waste to collect or accumulate
upon their premises, or the premises which they occupy, or of which they are the agent
or manager, whether the same be residence, store, shop, manufacturing or industrial
facility, place of business, yard or vacant lot, or upon any street, alley, opened or
unopened public right-of-way, or other public place upon which their premises abut.
B. It shall be unlawful for any person to place hazardous waste with or in the same
container as garbage, refuse, rubbish or recyclable materials to be picked up by the
solid waste contractor, or to dispose of any hazardous waste in any manner contrary to
federal or state laws or regulations.
C. Penalty. Any person convicted of violating this section shall be guilty of a
misdemeanor, punishable by a fine of not more than $1,000 or by imprisonment of not
more than 180 days, or by both such fine and imprisonment.
D. Public Nuisance. All violations of this section are determined to be detrimental to
the public health, safety and welfare and are public nuisances, subject to all lawful
remedies, including but not limited to abatement and injunctive relief. (Ord. 2620 § 2,
1997; Ord. 2221 § 2, 1990; Ord. 1138 § 2, 1942).
6.04.030 Garbage - Containers - Placement at curbside - Sanitary condition -
Penalty.
A. The collection of, disposal of and billing for garbage generated within the city shall
be accomplished by the service provider under written service agreement entered into
with the City as authorized by the City Council. All garbage, refuse and rubbish shall
be kept in metal or heavy duty synthetic material containers that have sealable close-
fitting lids or covers which will entirely prevent dogs, birds, rats, mice or flies from
reaching the contents thereof, and will prevent odors and gasses from escaping
therefrom. The solid waste contractor shall be authorized to require replacement of
inadequate or unsafe containers. The containers shall be of sufficient size and number
to contain all garbage, refuse and rubbish that collects between the dates for the
removal of the same. Rubbish shall be reduced to compact form and placed in approved
containers such as will prevent the contents thereof from being scattered by the action
of winds or by overturning of the container. Ashes shall be kept in a sound, substantial
container or containers such as will prevent the contents thereof from being scattered by
the action of winds or by the overturning of the container. Recyclable materials for
Page 4 Ordinance 2800
curbside collection shall be set out in approved recycling containers provided by the
solid waste collection contractor.
B. The containers shall be placed at the curbside as defined in this chapter. Curbside
placement of solid waste cans and bags, yard waste, and recycling containers shall not
block sidewalks, driveways or on-street parking.
C. All solid waste containers are to be kept clean and free of odors by the customer or
other person having charge of same.
D. Penalty. The failure of any person to comply with the requirements of this section
shall constitute a civil infraction. Each separate day of violation shall constitute a
separate infraction. The penalty for the first infraction shall be a civil fine not to exceed
$50.00. The penalty for a second or subsequent violation shall be a civil fine not to
exceed $100.00. Notices of infractions shall be given and prosecuted in accordance
with the procedures set forth in PTMC 8.04.410, 8.04.420, 8.04.430 and 8.04.440.
(Ord. 2620 § 2, 1997; Ord. 2221 § 3, 1990; Ord. 1138 § 3, 1942).
6.04.040 Mandatory customer participation.
A. Except as provided in subsection B of this section, it is unlawful for any person,
business, corporation, municipal corporation or entity, or agents, employees or officers
of any person, business, corporation, municipal corporation or entity, except the city
and the solid waste contractor designated by the city to collect, remove, or transport
rubbish, refuse, recyclables, yard waste, garbage, or any other offensive or obnoxious
substances or to operate any vehicle for such purpose through the streets, highways or
other ways within the city. Except as provided in subsection B of this section, all
persons accumulating garbage in the City shall place and accumulate it in a garbage
can, mini-can, or other such container that is approved by the City's solid waste
contractor. It is mandatory for the owner of all developed property, all residential
(single and multi-family) tentantable or inhabited buildings, and/or all places of
business within the City to take a service that is provided by the City's solid waste
contractor. Said charges shall be billed and collected by the garbage collector at his own
cost. Every occupant of the property and every owner of the property for which garbage
and refuse collection and disposal services are rendered shall be responsible for and shall
pay, without delinquency, all charges therefore. The charges shall be paid to the garbage
collector at his office by the person or persons responsible and shall be paid not later than
thirty (30) days after the billing therefore is mailed, and if not so paid, the charges shall
be deemed delinquent. In the event of delinquency, any such charge or charges shall be a
lien against the property for which the collection and disposal of garbage and refuse was
rendered. Such a lien shall be prior to all other liens and encumbrances filed subsequent
to the filing with the County Auditor of Jefferson County of such notice of lien except
liens for general taxes and local improvement assessments, provided notice of such lien is
given as provided by law. Interest shall accrue upon delinquent accounts at the rate of
$1.00 or one percent per month whichever is greater, until fully paid. Billings for account
shall be mailed to the person or tenant in possession unless special instructions to the
contrary are received from the owner.
Page 5 Ordinance 2800
As provided in PTMC 6.04.010 and 6.04.060, all compactors and solid waste
compaction equipment must be owned, rented or leased by the customer or operated by
persons, businesses or entities complying with all requirements of PTMC
6.04.040(B)(4). Except as provided herein, it is unlawful for any other party to collect,
remove, transport or handle solid waste in order to compact the solid waste. All
persons, businesses and other entities are prohibited from using compaction equipment
which is not compatible with the collection contractor's collection equipment. Any solid
waste compaction which is not conducted in a safe, sanitary manner, as determined by
the director, shall be prohibited.
B. The following activities shall be exempt from the prohibition stated in subsection A
of this section; provided, however, that any person or persons hauling solid waste in
accordance with this subsection shall remain subject to mandatory minimum garbage
and rubbish collection set forth in this chapter_. ~'~'~ ~"~ "~* ..... ~;-,;--~- *~,,~,-~* ..... *
1. Commercial and residential customers may haul their own recyclable material to the
recycling center of their choice; provided, however that such right shall not allow
commercial or residential customers to use or employ an independent contractor or
third persons not in the emPloy of the customer to exercise this right;
2. Commercial and residential customers may themselves haul their own garbage,
refuse and rubbish to a licensed disposal facility; provided, however that such right
shall not allow commercial or residential customers to use or employ an independent
contractor or third persons not in the employ of the customer to exercise this right;
3. The city, any other municipal corporation, and any private party or contractor may
contract with any contractor other than the solid waste contractor for the following
services, or may themselves haul the following listed solid wastes:
a. Removal of debris resulting from the demolition of any buildings, docks, wharves or
other built structures;
b. Removal of derelict, junk or abandoned automobiles, motor vehicles and marine
vessels, including demolition debris from demolished automobiles, motor vehicles and
marine vessels;
c. Removal of organic debris and vegetation resulting from the clearing and/or grading
of sites associated with any construction activity;
d. Removal of trees, limbs, branches and vegetation undertaken by the city or any other
municipality in their parks and right-of-way maintenance or property development and
construction activities; or
e. Removal of scraps and debris resulting from building and construction projects,
hauled to a licensed disposal facility by the owner or building contractor.
4. The city's commercial solid waste customers may contract with third party
businesses or firms to compact commercial solid waste, conditioned upon strict
compliance with all of the following requirements, as determined by the director, in the
director's sole discretion:
a. Prior to compacting any commercial solid waste for any customer, the compacting
firm shall provide advance notification of its intent to compact the customer's solid
waste to the city's solid waste contractor, to enable the contractor to adjust collection
routes, provide adequate staffing for collection, and provide notification to the public
Page 6 Ordinance 2800
determine whether the compacting firm has complied with the provisions of this
section;
b. The compacting firm is prohibited from handling any solid waste previously
deposited into dumpsters. All compaction shall occur prior to depositing solid waste in
dumpsters. Any solid waste containers used to hold solid waste prior to compaction
shall be stored and maintained on the customer's property and shall not be stored or
maintained in the public right-of-way or in public parking areas;
c. Solid waste compaction shall occur in a sanitary, safe and healthful fashion, shall not
cause damage to dumpsters (other than normal wear and tear), and shall not result in
the scattering of litter or the intentional or inadvertent depositing of solid waste upon
public or private properties;
d. Prior to compacting any solid waste for any customer, the compaction firm shall sign
a written statement in a form approved by the city attorney, stating the method and
manner of compacting solid waste and placement of the compacted solid waste in the
dumpsters; agreeing to conduct the compaction operation in a sanitary, safe and
healthful fashion and which will not cause damage to the solid waste contractor's
equipment (other than normal wear and tear); agreeing to indemnify and hold the city
and the collection contractor harmless from any claims for damages for personal
injuries, property damage or contract claims resulting from the compaction operation,
including the manner of compaction and the manner of placement of compacted
material within dumpsters; and agreeing that upon any finding that the compaction firm
has failed to comply with the requirements of this section, as determined by the director
or the city council after conducting a hearing as requested by the solid waste contractor
(in the sole discretion of the director and/or the city council), the compacting firm shall
cease and desist all compacting work within the city; and
e. Both the compaction firm, and its officers, directors, managing agents, or partners of
any corporation, firm, partnership, or other organization or business shall recognize, in
writing, the penalty provisions set forth in this PTMC 6.04.040.
f. Notwithstanding any other provision in this section, any compacting or compaction
firm shall comply with the existing terms and conditions of the City's contract with the
solid waste contractor.
C. Prohibition of Other Collection and Disposal Methods. Any solid waste collection
and/or disposal methods not explicitly defined and authorized by this chapter shall be
prohibited.
D. Civil Penalty. The failure of any person, and/or the officers, directors, managing
agents, or partners of any corporation, firm, partnership, or other organization or
business, to comply with the requirements of this section shall constitute a civil
infraction. Each separate day of violation shall constitute a separate infraction. The
penalty for the first infraction shall be a civil fine not to exceed $50.00. The penalty for
a second or subsequent violation shall be a civil fine not to exceed $100.00. Notices of
infractions shall be given and prosecuted in accordance with the procedures set forth in
PTMC 8.04.410, 8.04.420, 8.04.430 and 8.04.440.
Page 7 Ordinance 2800
E. Criminal Penalties. Any person, and/or the officers, directors, managing agents, or
partners of any corporation, firm, partnership, or other organization or business,
violating or failing to comply with any applicable provisions of this chapter who has
had a judgment or cease and desist order entered against him or her pursuant to this
chapter within the past five years shall be subject to criminal prosecution, and upon
conviction of such subsequent violations shall be guilty of a misdemeanor, subject to a
fine not exceeding $1,000 and imprisonment not exceeding 90 days, or both such fine
and imprisonment. Each day of noncompliance with any applicable provisions of this
chapter shall constitute a separate offense. (Ord. 2675 § 3, 1998; Ord. 2620 § 2, 1997;
Ord. 2221 § 4, 1990; Ord. 1737 § 1, 1975; Ord. 1138 § 4, 1942).
6.04.050 Collection schedule.
To assure collection, the customer shall place all solid waste containers at the curbside
as determined and provided for in the City's contract with the solid waste contractor-as-
..... ;a~,a ;., ,u~ ~k~.,,~.. ~,~,,~,~ ?'30 ~ "' ~'~ ,u ...... , .... -~,~ a~,, or when duly
notified by the public works director or the solid waste contractor. (Ord. 2620 $ 2,
1997; Ord. 2221 ~ 11, 1990; Ord. 1737 ~ 2, 1975; Ord. 1138 ~ 5, 1942).
14.99 per momh
14.00 per mmnth
4.00 per momh
4.14
Page 8 Ordinance 2800
225.27
Page 9 Ordinance 2800
1993; Ord. 2355 § 1, 1993; Ord. 2308 § 1, 1992; Ord. 2221 § 5, 1990; Ord. 2165 § 1,
1989; Ord. 2108 § 1, 1988; Ord. 2044 § 1, 1986; Ord. 1875 § 1, 1980; Ord. 1737 § 3,
1975; Ord. 1656 § 1, 1973; Ord. 1425 § 1, 1962; Ord. 1347 § 1, 1958; Ord. 1138 § 6,
1942).
6.04.070 Number of containers - Frequency of collection - Appeal to city
council.
'A. Solid waste shall be collected 'from all residential (single and multi-family)
tenantable or inhabited buildings of every kind, nature and description in the city at
least once each week unless qualified for every other week service. Where sanitary
conditions or convenience of customers requires more frequent collection, the solid
waste contractor shall arrange the regular days for collecting of solid waste during each
week. All places of business shall have their garbage, refuse and rubbish removed as
often as desired, not to exceed once each day, and except for the charge for minimum
service, the amount to be paid therefor shall be in accordance with the City's contract
with the solid waste contractor ,k ..... ~. fi~ ,:~ ,~ ........ ;fl1 .... , .... ; ....... ~
Page 10 Ordinance 2800
B__:. C~. Nothing in this chapter shall give any customer the right to demand any rebate or
reduction in rate because a container or containers are not filled or used during any
shall pay an additional charge according to the rates in ~e City's contract wi~ ~e solid
waste contractor *~ ~ c;~ ~,, .h~ o:,,, for such additional solid waste collection service
as ~e customer requests or as may be necessary for heal~ and sa~mtion reasons, as
detem~ed by ~e solid waste contractor or the public works director. (Ord. 2620 ~ 2,
1997; Ord. 2221 ~ 6, 1990; Ord. 1737 ~ 4, 1975; Ord. 1347 ~ 2, 1958; Ord. 1138 ~ 7,
1942).
6.04.080 Commercial and industrial solid waste collection.
A. For the purpose of this chapter, multifamily dwellings as defined herein as well as
mixed use buildings will be considered commercial customers, subject to commercial
service standards and rates. Owners or managers of all multifamily units shall provide
the tenants or occupants thereof with adequate facilities and containers for the disposal
of all solid waste.
B. If a single commercial building or complex is occupied by more than one business,
the customer(s) receiving the solid waste service may elect to receive and be charged
for a single container service to serve the entire building or complex, so long as an
unsanitary condition is not created as a result of the single container service. To qualify
for this election, one party or customer must agree to be solely responsible for the
entire solid waste account as relates to the building or complex. Written notice must be
given to the solid waste contractor c4t-y, signed and dated by such customer, and shall
state the following:
1. The name and address of the commercial building or complex;
2. All customers or parties which have elected to receive single container service;
3. The name and address of the customer agreeing to be responsible for the account;
and
4. A statement that such customer agrees to be solely responsible for the entire solid
waste account as relates to the building or complex. (Ord. 2620 § 2, 1997).
6.04.090 Yard waste collection.
A. The solid waste contractor shall collect yard waste from all residential customers, so
long as the yard waste meets the definition and standards provided in PTMC 6.04.010.
Yard waste shall be collected ~'~'-~ n..,.41 1 ,~* ,.~e ~.,~ ....... d ~.-,,-11~,-~ t'~.,~l~,~. '~ 1 ~, ~
~ during ~e alternating weeks when the solid waste con, actor does not collect
recyclable materials. Additionally, the Contractor shall collect C~istmas trees at each
eligible single family residential customer during ~e first two-scheduled yard debris
pic~ps ~ediately following December 25th of each year of the contract, customers
Page 11 Ordinance 2800
B. Limbs and branches will not be collected unless they meet the following
requirements: (1) they must not exceed four inches in diameter (except for Christmas
trees); and (2) limbs and branches must be tied in bundles of not more than four feet in
length; and (3) the bundles must not be more than two feet in diameter; and (4) the
bundles of limbs and branches shall weigh not more than 40 pounds each. Customers
shall deposit residential yard waste for pickup as follows: in a three milliliter plastic or
paper bag or in a container of not more than 34-gallon capacity, painted "YARD
WASTE" on at least two locations and on the container lid, in letters not less three
inches in height. On each scheduled pickup day, the solid waste contractor shall be
responsible for collecting a maximum of three units of yard waste (i.e., three bundles,
three bags or three cans, or any combination thereof, not to exceed three units) from
each residential customer. (Ord. 2620 § 2, 1997).
6.04.100 Maximum container size~
A. Each and every customer shall provide a garbage and/or rubbish/refuse container(s)
appropriately sized for the level of service provided by the solid waste contractor. The
.~,~...o; ...... ;, .... ,:q ..... ao: ..... ;.h, ~,..a it shall be in good condition to provide
adequate, sanitary and secure storage for the garbage, refuse and rubbish.
B. Penalty. The failure of any person to use type and size of containers as required by
this chapter for garbage, refuse and/or rubbish pickup shall be a civil infraction. Each
separate day of violation shall constitute a separate infraction. The penalty for the first
infraction shall be a civil fine not to exceed $50.00. The penalty for a second or
subsequent violation shall be a civil fine not to eXceed $100.00. Notices of infractions
shall be given and prosecuted in accordance with the procedures set forth in PTMC
8.04.410, 8.04.420, 8.04.430 and 8.04.440. (Ord. 2620 § 2, 1997; Ord. 2221 § 8,
1990; Ord. 1271 § 1, 1951; Ord. 1138 § 13, 1942).
6.04.110 Property owner liable for accounts - Lien against the property.
A. In all cases of solid waste service to residential or commercial/industrial rental
property, the property owner shall be liable for the payment of the solid waste service
account, and the property owner shall be listed as the customer to whom service is
provided, except that accounts may be billed to the tenant if the landlord so requests in
writing. In such cases, the landlord remains responsible in the event of nonpayment by
the tenant.
B. All solid waste service rates shall be charged against the premises for which the
service is provided. All charges which become delinquent and unpaid shall be a lien
against the premises for which the service is provided. This lien may be enforced by all
means available at law or equity T.. ~aa:,:~ a.a ~:,., r. ..... a:~a~,~.~ ~ .... a.~..-:~aa to
Page 12 Ordinance 2800
Page 13 Ordinance 2800
Chapter 6.06
LOW-INCOME, LOW-INCOME DISABLED AND LOW-INCOME SENIOR
CITIZEN SOLID WASTE COLLECTION RATE REDUCTION PROGRAM
Sections:
6.06.010
authority.
6.06.020
6.06.030
6.06.040
6.06.050
6.06.70
Program established - Purpose - Definitions - Administrative
Solid waste rate reduction - Eligibility - Requirements.
Solid waste rate reduction - Eligibility - Time limit.
Solid waste rate reduction - Amounts designated.
Solid waste rate reduction - Manner of issuance.
Unlawful acts designated - Penalty.
6.06.10 Program established - Purpose - Definitions - Administrative authority.
A program for discounted rates for solid waste collection and disposal services provided
by the city for certain recipients of Supplemental Security Income (hereinafter SSI),
Social Security Disability Income (hereinafter SSDI), pursuant to 42 United States Code,
as now adopted or hereafter amended, and certain other disabled and low-income persons
as hereinafter defined, is established in order to provide necessary support for the poor
and disabled.
A. Definitions. In administering this chapter, all definitions of terms set forth in Chapter
6.04 PTMC shall apply. Other terms are defined as follows:
"Low-income" means a person who has a total current annualized household income
from all sources of 100 percent or less of poverty level based upon total household size,
using poverty level calculations established by the state of Washington for Jefferson
County or by the federal government if state calculations are not available.
"Low-income disabled" means a person who:
1. Receives Supplemental Security Income pursuant to 42 USC Sections 1381 - 1383, as
now adopted of hereafter amended; or
2. Receives Supplemental Security Disability Income pursuant to federal law, as now
adopted or hereafter amended, and is able to establish that current annualized income
from all sources will not exceed $18,000; or
3. Is eligible for and in fact receives a federal, state or private disability pension, and who
is able to establish that current annualized household income from all sources does not
exceed the sum of $18,000 per year.
"Low-income senior citizen" means a person 62 years of age and over, whose total
income, including that of his or her spouse or co-tenant, does not exceed the sum of
$18,000 per year.
B. Administrative Authority. The city finance director is authorized and directed to
administer the program, consistent with the provisions of the City's contract with the
solid waste contractor, and in such connection may promulgate forms and administrative
Page 14 Ordinance 2800
regulations, from time to time, to carry out the intent and purpose of this chapter. (Ord.
2620 § 3, 1997).
6.06.020 Solid waste rate reduction - Eligibility - Requirements.
A. To implement the program provided for in this chapter, solid waste rate reduction shall
be issued to each person who shows satisfactory proof that he or she:
1. Meets the requirements of low-income, low-income disabled or low,income senior
citizen as defined in PTMC 6.06.010; and
2. Is a single occupant or the head of a household Or the spouse of the head of the
household; and
3. Resides in a dwelling unit served directly by the city's solid waste collection service;
and
4. Is billed or is the spouse of a person billed by the city for solid waste collection
service; and
5. The applicant shall provide the city solid waste contractor fino~-.o..e director with a
current statement of eligibility for SSI, SSDI or such disability pension or proof of
blindness and such statement shall not be more than three months old.
B. Applicants, under oath or penalty of perjury, shall verify such information and provide
such other data as are deemed appropriate, upon forms and in the manner determined by
the city solid waste contractor fin~nce directer. (Ord. 2620 § 3, 1997).
6.06.030 Solid waste rate reduction - Eligibility - Time limit.
Eligibility for solid waste rate reduction provided for by this chapter shall be determined
by the city solid waste contractor. For any person denied eligibility, there shall exist a
right of appeal to the city finance director, whose decision shall be final and binding on
the solid waste contractor and applicant. The period of eligibility shall be for a period of
one year, or so long as the applicant continues to be eligible for a solid waste rate
reduction under the terms of PTMC 6.06.020, whichever period is shorter. Applications
shall be made annually to renew eligibility for solid waste rate reduction and the
eligibility for reduced rates shall expire on March 31 st of each year. Where the recipient
of a solid waste rate reduction either receives income which will no longer allow the
recipient to be eligible for the program, or is no longer disabled or otherwise eligible for
the solid waste rate reduction, such person shall immediately notify the solid waste
contractor fin,.ce d~.recter of such change in status to allow eligibility for the program to
be discontinued. Where discounted rates have been received after a person has become
ineligible, a repayment of the difference between the reduced rate and the full rate owing
shall be made or shall be added to the current solid waste billing for such person. (Ord.
2620 § 3, 1997).
6.06.040 Solid waste rate reduction - Amounts designated.
Persons qualified by the city solid waste contractor pursuant to this Chapter fino,~nce
directcr as eligible recipients of reduced solid waste rates provided for in this chapter
shall be billed in the amount in accordance with the City's solid waste contract set fe~h
in Chapter ~.0~. PTMC. (Ord. 2620 § 3, 1997).
Page 15 Ordinance 2800
6.06.50 Solid waste rate reduction - Manner of issuance.
^. Eligible persons receiving reduced solid waste rates shall be billed for solid waste
services as provided for in this chapter, or in equivalent amounts should the billing period
be other than monthly; provided, however, that no eligible person shall receive or accept
reduced solid waste rates for more than one solid waste bill for thc same billing period.
B. Rates shall be reduced as follows:
1. For eligible persons who receive a solid waste bill directly, thc proper reduced rates
shall bc made on the bill as a reduction to the amount which would otherwise be payable;
or
2. For eligible persons who do not receive a solid waste bill directly but who pay such
solid waste charges indirectly as part of their rental payment, the proper rate or credit
shall be made in the manner determined by the city solid waste contractor fin~nce director
upon satisfactory proof in writing that such solid waste charges in fact are paid by the
qualified person indirectly as part of their rental payment. (Ord. 2620 § 3, 1997).
6.06.070 Unlawful acts designated - Penalty.
A. The following acts are unlawful:
1. To accept or receive reduced solid waste rates provided for by this chapter when or
during such time that the person accepting or receiving the same is not eligible; and/or
2. To make any false or untrue statement on any application, form or document filed to
qualify for reduced solid waste rates, or to continue receiving reduced solid waste rates
under this chapter.
B. Penalty. Any such violation shall be a misdemeanor, and punishable by a fine not to
exceed $1,000, or by up to 90 days in jail, or by both such fine and imprisonment. In
addition, the city shall be entitled to recover the amount represented by any reduced solid
waste rates which was accepted, received or allowed to any person not then eligible to
receive the same, and the city solid waste contractor fin~ce director is authorized to add
the amounts entitled by the city to be recovered to subsequent solid waste bills of the
person responsible for the same. (Ord. 2620 § 3, 1997).
SECTION 2. Severability. If any provision of this ordinance or its application
to any person or circumstance is held invalid, the remainder of the ordinance, or the
application of the provision to other persons or circumstances is not affected.
Page 16 Ordinance 2800
This ordinance shall take effect and be in force five days after the date of its
publication in the manner provided by law.
Adopted by the City Council of the City of Port Townsend, Washington, at a
regular meeting thereof, held this ~-/¢/,'- day of AT/4~¢c/¢ ,2002.
Attest:
Approved as to Form:
Pamela Kolacy,
John P."Watts, City Attorney
Page 17 Ordinance 2800