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HomeMy WebLinkAbout2675 Solid Waste RegulationsOrdinance No. 2675 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING CHAPTER 6.04 OF THE PORT TOWNSEND MUNICIPAL' CODE, TO CONFIRM AND CLARIFY THE PROHIBITION AGAINST PERSONS OTHER THAN CUSTOMERS OR THE DESIGNATED SOLID WASTE CONTRACTOR REMOVING OR TRANSPORTING SOLID WASTE; ENABLING THIRD PARTIES TO COMPACT SOLID WASTE SUBJECT TO PUBLIC HEALTH AND SAFETY CONTROLS; ADOPTING CRIMINAL SANCTIONS FOR PERSONS WHO VIOLATE THE EXCLUSIVE COLLECTION PROVISIONS OF CHAPTER 6.04 PTMC AFYER HAVING A JUDGMENT OR CEASE AND DESIST ORDER ENTERED AGAINST THEM; ESTABLISHING A 2.8X RATE MULTIPLIER OF EXISTING RATES FOR CUSTOMERS WHO ELECT TO PLACE COMPACTED SOLID WASTE IN DUMPSTERS; ADDING A PROVISION IN THE RATE ORDINANCE TO CODIFY INCLUSION OF THE STATE REFUSE COLLECTION TAX ON CUSTOMER BILLS; DECLARING AN EMERGENCY; AND ESTABLISHING AN EFFECTIVE DATE SECTION 1. FINDINGS 1. Solid waste collection service is a fundamental municipal function, with uniform, managed collection necessary for the preservation of public health and safety. Within its municipal authority pursuant to Washington law, and in order to provide an efficient and cost- effective solid waste collection system which meets essential health standards, guarantees basic sanitary conditions and aesthetic concerns, and protects the environment, similar to other municipalities throughout the nation, the City of Port Townsend deems it necessary that all solid waste collection services described in Chapter 6.04 PTMC be handled by a single, uniform collection system, with mandatory participation by all City residents, businesses and enterprises. This mandatory, uniform system is intended to protect public health, safety and the environment, prevent conditions which would constitute a public nuisance, and implement State-wide solid waste management and reduction goals, as provided in Chapters 70.93, 70.95 and 70.95C RCW. Washington law (RCW 35.21.130 and Chapter 35.67 RCW) specifically authorizes the City to establish a mandatory, uniform solid waste collection system. 2. In 1997, the Port Townsend City Council adopted Ordinance No. 2620, amending the City's solid waste collection code, Chapter 6.04 PTMC, and implementing a new contract negotiated with the City's licensed solid waste contractor (Superior Refuse, Inc.). Ordinance No. 2620 established new solid waste rates, based upon rate modeling conducted by the City. The rate modeling, for the first time, supported and clearly established uniform rates for various classes of customers, and implemented the Council's decision and State law to encourage reduction of the solid waste stream through conservation, yard waste collection, and recycling programs. 3. In establishing new rates in Ordinance No. 2620, the City Council for the first time set rates and permitted commercial compacted refuse for large (ten to forty yard) containers, and negotiated with the solid waste contractor to provide this service. However, due to a lack of identified demand at the time, and the perceived complexity in the rate model, the City Council chose not to negotiate with the contractor, or to establish rates, for compacted refuse for standard one to two yard dumpsters. However, the Council provided that in the event compacted garbage is placed into dumpsters, the Council would establish rates on a case-by-case basis. 4. In Ordinance No. 2620, the Council explicitly required that ail refuse compactors must be owned by the customer, and must be compatible with the designated contractor's collection equipment. Further, with certain defined exceptions, PTMC 6.04.040 prohibits any person except the City's solid waste contractor to Ucollect, remove, or transport" solid waste or to "operate any vehicle for such purpose through the streets, highways or other ways within the City." Through these prohibitions, and subject to the defined exceptions, the City Council intended, and continues to intend, that all solid waste shall be removed and transported exclusively by the City's designated solid waste contractor. The City Council finds, and hereby reconfirms, that the prohibition against third parties removing solid waste is clearly stated in Chapter 6.04 PTMC and is intended to extend to any private entities engaging in the enterprise of compacting solid waste. While the City Council hereby ailows certain limited exceptions for third party compaction of solid waste, this prohibition against third parties removing or transporting solid waste was and continues to be for numerous legai, policy, health and safety, aesthetic and environmental reasons, including but not limited to the following: (1) Solid waste contains and includes harmful, offensive, noxious, unsanitary, environmentally damaging and unhealthful materiais which must be handled and transported in a manner conforming with the health, safety, environmental and customer service standards established by Washington law and locally adopted law and policy, handled and transported by licensed entities in a fashion which avoids creating public nuisance conditions; (2) Due to the potentiai health and safety risks and potentiai public and private liability exposures inherent in handling and transporting solid waste, the City requires the persons or entity engaged in the business of removing, collection and transporting solid waste to be operating under the requirements of a negotiated contract, establishing appropriate standards for the safe and sanitary handling and transport of such materiais, and governed by explicit standards of conduct for customer service and safety; (3) The designated contractor is required to maintain adequate Washington state vehicle inspections and licensing, labor and industry employee insurance, and is required to maintain mandatory liability insurance coverage, with the City as a name insured, and is required to indemnify and hold the City harmless from losses and risks of loss, in order to protect the City and the public from any potentiai hazards; (4) Dumpsters and drop boxes used by Port Townsend's solid waste customers are predominantly owned by the collection contractor. This ensures that the contractor is accountable to the City and the City's solid waste customers to maintain safe and adequate disposal containers and equipment for large volumes of solid waste, thereby advancing health, safety, aesthetic and environmental policies and concerns. However, as the owner of these containers, the solid waste 2 Ord. 2675 contractor may assume liability for the safe condition of these containers. The City's solid waste contractor has expressed its well-founded concerns for its liability exposure and risks when unauthorized third parties (other than the customers themselves) remove or handle refuse placed in dumpsters, particularly when the refuse is compacted and replaced in the dumpsters. The contractor refuses to be the insurer for this unauthorized and unregulated use of disposal containers; (5) Under the contract with the City, the solid waste contractor is required to conform with certain business standards to demonstrate the ongoing financial stability of the company, to avoid the risk that the City's solid waste stream may be handled by an entity which may default on contractual and financial obligations; (6) The contractor is required to meet mandatory standards to ensure environmental quality and avoid conduct which may be damaging to the environment; (7) The City considers itself obligated to ensure that the number of entities removing, collection and transporting solid waste be kept to the absolute minimum, to exercise all necessary state and local regulatory control over such entities, for all health, safety and environmental reasons set forth herein; (8) By operating the solid waste utility with one designated contractor, the City is able to provide economies of scale to best manage customer rates and to implement mandatory · recycling and waste reduction goals, as well as other public policy goals; (9) The City Council has determined that mandatory customer participation in the solid waste program, with an exclusive contractor, avoids public nuisances and discourages the accumulation and scattering of solid waste in and upon public and priYate properties, streets, parks, water bodies and rights-of-way throughout Port Townsend, thereby minimizing visual blight, avoiding environmental damage, and'protecting the public from health and safety hazards; and (10) The difficulty and inequities caused by solid waste compaction in Port Townsend demonstrates the public necessity that solid waste services, including compaction services, be regulated and controlled, pursuant to adequate and equitable rates, and subject to applicable public health regulations and contract requirements. 5. Since October, 1998, without the authorization or consent of the City, a business entity (Snyder Waste Consulting, hereafter USnyder') has engaged in the practice of removing solid waste from 1 to 2 yard dumpsters (owned by Superior Refuse), compacting it, and replacing the solid waste back into the dumpsters. The City Council has reviewed all evidence, testimony, reports and materials in the public hearing record concerning the problems and issues raised by the unauthorized third party practice of compacting solid waste. The findings stated in this Ordinance, and all amendments to Chapter 6.04 PTMC, are based upon the record before the Council, as well as the policy and legal decisions of the Council made at this time and upon the adoption of Ordinance 2620. 6. Snyder contends that the practice of refuse compaction advances environmental protection goals by lessening the volume of solid waste ultimately deposited in the land fill. The 3 Ord. 2675 Council finds that there is little to no environmental advantage with this practice, for the following reasons: (1) by Snyder's own admission, the method used in compacting temporarily compacts the refuse, which loosens and "swells" over time; (2) the collection contractor's equipment compacts refuse to a limited extent upon collection; (3) as a consequence of depositing heavy, compacted refuse, the collection contractor is required to interrupt its routine collection schedule and route and make more frequent vehicle trips to the Jefferson County Transfer Station, causing more vehicle wear and tear, increased fuel consumption, increased air pollution, increased wear on City streets, and added inefficiencies for the contractor; (4) at the Transfer Station, solid waste is routinely compacted for shipment to the land fill -- therefore compaction at an early stage makes little difference in ultimate land fill volume; (5) based upon the evidence provided by the collection contractor, the Council finds that compacted refuse causes increased wear and tear on dumpsters and collection equipment, with more frequent repair and replacement, which in itself may constitute environmental impacts; and (6) any "environmental benefit" of early stage compaction would be negligible if at all, and is offset by the negative impacts described herein. 7. The rates charged to City solid waste customers are based upon assumed weights for each container. With these assumed weights, the customer collection rates and rates in the City's solid waste contract are set based upon volume, in that it is impossible for the City to weigh each container during the collection or disposal process. The rates established by Ordinance No. 2620 were based on certain assumptions, borne out by the then-existing customer needs and the system-wide costs. Included in these assumptions were assumed weights for commercial refuse dumpsters, based upon loose, un-compacted refuse, with an assumed weight per volume, chargeable to the City as solid waste crosses the weight scales at the Jefferson County Transfer Station. For example, the rate model for a two-yard dumpster was based upon the assumed weight for loose, non-compacted refuse of 324 lbs. The evidence before the City Council demonstrates that the compacted solid waste deposited into two yard dumpsters will likely weigh between 700 to 1,500 pounds, or more. The City pays Jefferson County for solid waste disposal, based on overall weight of loads passing over the scales. The disposal cost, paid to Jefferson County, is by far the most significant component of the service charge passed on to the customer, and is higher than the cost of most other Washington solid waste utilities, in that Jefferson County's disposal costs and resultant charges are higher than most other Washington disposal sites. 8. As a matter of Washington law, uniform utility charges must be made for the same class of customer or service. The law prohibits municipal utilities from undercharging customers within any given class. The Council finds that the practice of compacting solid waste has caused a substantial inequity within the class of customers paying for collection of commercial solid waste deposited within dumpsters, in that customers compacting solid waste have taken advantage of the volume-based rates (while the City continues to pay all weight-based costs and expenses associated with disposal), while similarly situated customers not compacting solid waste continue to pay the actual cost of collection and disposal, plus all administrative expenses. The Council finds that this practice creates a situation where the general customer base and the commercial customer class 4 Ord. 2675 using regular dumpster service subsidize customers who compact solid waste, with potentially a tripling of disposal costs per volume for compacted refuse deposited in dumpsters. 9. Based upon the information in the record, including solicitation materials prepared by Snyder (representing that the "... typical compaction ratio is no lower than 6:1, and as much as 11:1..."), weight tests performed by the collection contractor, the actual cost to the City for disposal at the County Transfer Station, and the experience of other municipalities, the Council finds that the average cost to the City's solid waste rate payers for compacted solid waste deposited in dumpsters is approximately 2.8 times (2.8X) the cost assumed in the City's rate model, upon which the existing rates fOr this customer class were based. The bulk of this cost is the added cost of disposal at the Jefferson County Transfer Station. The Council therefore finds that it is reasonable and necessary to adopt a 2.8-times (2.8X) multiplier in the rate ordinance, PTMC 6.04.060, to establish and restore appropriate equity within the commercial customer class to avoid the situation where customers subsidize the service of other customers who elect to compact their solid waste. However, in cases where weight tests show that compacted waste substantially exceeds 2.8 times the assumed weight of loose, un-compacted solid waste, based upon weight tests, the Council will establish rates on a case-by-case basis. 10. The Council finds that the rate multiplier is not a new or increased rate, in that the multiplier is based upon the existing rate, accounts for added system costs, and eliminates the subsidy for compacted solid waste. Further, the Council finds that the choice to compact solid waste is entirely elective for commercial customers, who can avoid the rate multiplier for this service by not compacting solid waste, electing instead to obtain collection and disposal service pursuant to established commercial class rates. 11. The City Council hereby adopts revisions to PTMC 6.04.040, to enable third parties to compact solid waste, subject to certain defined regulatory controls. The Council approves this amendment on an-interim basis, and intends, with the assistance and participation of Superior Refuse, to carefully monitor this practice. In the event this practice is not conducted in a responsible, healthy and sanitary manner, as required in amended PTMC 6.04.040, and if this practice causes unanticipated system costs, liability exposure to the City or the solid waste contractor, loss of commercial customer base (thereby negatively affecting the City's and Superior's rate shmcture) or the unanticipated loss of gross revenue, the City Council intends to reconsider this allowance and reserves the right under its municipal police power authority to revoke its permission for third party solid waste compaction. By conducting compaction as allowed by this Ordinance, any business enterprise and/or customers engaging in this practice are deemed to understand and consent to the possibility that the permission for this practice may be subject to further regulatory controls or may be revoked without advance notification. 12. This Ordinance also includes a provision that in addition to the stated rates, all solid waste collection rates are subject to the Washington State Refuse Collection Tax, imposed and collected by the Department of Revenue. Prior to adoption of this Ordinance, City customer 5 Ord. 2675 bills have included this tax, The rate provision of Chapter 6.04 PTMC is amended to clarify that this tax is billed to customers. This change merely states existing billing practice to enhance clarity in the Code, and will not result in a rate increase. 13. The City Council's Utilities Committee has held three public meetings to review all information and factual background regarding this Ordinance, and the Findings set forth herein. At the Utilities Committee meetings, the Committee has heard and considered correspondence, testimony and presentations by City staff (including rate analyses), Snyder, Superior Refuse, Inc,, and attorneys for the various parties. The Utilities Committee has served as a fact-finder for the City Council, and unanimously recommends that the Council adopt this Ordinance, Additionally, at the regularly' scheduled December 21, 1998 City Council' meeting, the Council conducted a public hearing to consider testimony and information concerning this Ordinance. This Ordinance is based upon all information in the public record and is adopted with due consideration given to all public testimony, evidence and information presented. 14. Based upon the Findings and the public record adopted herein, including public health and safety risks, potential public liability exposure, the substantial and inequitable cost to customers as a consequence of the unauthorized practice of compacting solid waste, and the charging for collection based upon the volume of non-compacted (loose) refuse, the City Council finds that an emergency exists, mandating the prompt adoption of this Ordinance and all terms as set forth herein. The Council finds that this Ordinance, including all amendments to Chapter 6.04 PTMC set forth below, is necessary and reasonable for the preservation and protection of public heath, safety and the environment, as provided herein, NOW, THEREFORE, based upon the public record, testimony and presentations made befOre the Utility Committee, and at the public hearing, and the Findings adopted in Section 1 above, the City Council of the City of Port Townsend does ordain as follows: SECTION 2. Chapter 6.04, Solid Waste Collection and Disposal, Section 6.04.040, Mandatory Customer Participation, of the Port Townsend Municipal Code is hereby amended to read as follows: 6.04.010 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 custoiner-ow,-aed, 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 Ord. 2675 6.04.040. All com~ction equipment shall be mad-is compatible with the solid waste contractor's equipment. "Commercial complex" shall consist of all buildings orbusinesses 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, 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 7 Ord. 2675 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 contract 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 pounds for each bundle. With the exceptiOn of Christmas trees, materials larger than four inches in diameter and four feet in length shall riot 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. ~ § 2; Ord. 2620 § 2, 1997; Ord. 2221 § 1, 1990; Ord. 1138 § 1, 1942). SECTION 3. Chapter 6.04, Solid Waste Collection and Disposal, Section 6.04.040, Mandatory Customer Participation, of the Port Townsend Municipal Code is hereby amended to read as follows: 6.04.040 Mandatory customer participation. A. Except as provided in subsection B of this section, it is unlawful for anyone person, business, co _rporation, municipal co~oration or entity., or agents, employees or officers of any person, lousiness, co~oration, municipal co ~rporation 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. 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 ~opemted 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 ~ 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 com~tible with the collection contractor's collection ~uipment. Any solid waste compaction 8 Ord. 2675 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 and the rates pertaining thereto as set forth in PTMC 6.04.060: 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 ind _ependent 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 ma.v contract with third party, businesses or firms to com~ct 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 wa.~te contractor, to enable the contractor to adjust collection routes, provide adequate staffing for collection, and provide notification to the city's billing office. Upon receipt of this notice, or at any time thereafter, the solid waste contractor may request a hearing before the city council (which hearing may be delegated by the council to the council's utilities committee) to 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 9 Ord. 2675 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 de.~ositing 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 ~tatement in a form a.~proved 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 ina 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 co ~rporation, firm, partnership, or other organization or business shall recognize, in writing, the penalty, provisions set forth in this section 6.04.040 PTMC. C. Prohibition of other collection and disposal methods. Any solid waste collection and/or disposal methods not explicitly defined and authorized by this chapter 6.04 PTMC shall be prohibited. I~D. Civil penalty. The failure of any person, and/or the officers, directors, managing agents, or ~mrtners of any co _rporation, 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. E. Criminal penalties. Any ~rson, and/or the officers, directors, managing agents, or partners of any COl-poration, firm, partnership, or other organization or business, violating or failing to comply with any a_trPlicable 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 (5) 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. ~ § 3; Ord. 2620 § 2, 1997; Ord. 2221 § 4, 1990; Ord. 1737 § 1, 1975; Ord. 1138 § 4, 1942). 10 Ord. 2675 SECTION 4. Chapter 6.04, Solid Waste Collection and Disposal, Section 6.04.060, Rates for Collection, of the Port Townsend Municipal Code is hereby amended to read as follows: 6.04.060 Rates for collection. A. The rates to be charged for solid waste collection service shall be as follows, plus the State of Washington refuse collection tax: 1. Single-Family Residential Rates. Containers: First container Customers eligible pursuant to Ch. 6.06 PTMC First container Customers eligible pursuant to Ch. 6.06 PTMC Second container Third container Fourth container Additional containers (ea.) Packout fee Extra garbage Pickups: Every other week* Every other week* Once per week Once per week** Once per week Once per week Once per week Once per week Fee per 100 ft., or portion Per pickup (ea.) Rate: $ 8.00 per month 5.35 per month 14.00 per month 9.40 per month 14.00 per month 14.00 per month 15.84 per month 19.26 per month 4.00 per month 4.14 *If participating in curbside recycling. **Discounts do not apply for containers in excess of one per week. 2. Commercial and Multifamily Residential Rates. Containers: First container* Second container Third container Fourth container Additional containers (ea.) Packout fee Extra garbage Pickups: Once per week Once per week Once per week Once per week Once per week Fee per 100 ft. or portion Per pickup (ea.) Rate: $12.67 per month 15.00 per month 17.34 per month 18.76 per month 24.66 per month 4.00 per month 5.99 11 Ord. 2675 1-yard dumpster 1-1/2-yard dumpster 2-yard dumpster Dumpster rental Once per week Once per week Once per week Per month 82.64 per month 121.51 per month 170.36 per month 11.97 Commercial Compacted Garbage (Dumpsters~**: 2.8 times the regular commercial and multi-family dumpster rat~r plus dumpster rental, charged at 8;11.97 per month. *Mandatory minimum service. **Except .as provided herein, all compactors and compaction equipment shall be owned, rented or leased by the customer and must be compatible with the licensed hauler's collection equipment The city's commercial solid waste customers may contract with persons and business entities to compact solid waste, conditioned upon strict compliance with all requirements set forth in PTMC 6.04.040.B.4. Dump fees are included in the collection fees. All customers who have deposited ANY compacted solid waste within dumpsters, re_em'die, ss of whether the dumpster contains mixed compacted and loose solid waste, will be deemed to have elected compacted solid waste service, chargeable at the multiplier rate set forth above. Commercial Rate Per Pickup + Drop Box*: Dump Fee: 10 yards $ 36.71 20 yards 92.16 30 yards 153.70 40 yards 225.27 50 yards 309.57 Commercial Compactor**:' Stationary: 10 - 20 yards 30 - 40 yards Self-contained: 10 - 20 yards 30 - 40 yards Turnaround method: 30 - 40 yards Rate Per Pickup + Dump Fee: $128.53 179.73 177.69 219.73 372.30 *Dump fees are charged in addition to pickup fees. **Except as provided herein, all compactors and compaction equipment are to be owned, rented or leased by the customer and must be compatible with the licensed hauler's collection equipment. 12 Ord. 2675 The city's commercial solid waste customers may contract with persons and business entities to compact solid waste, conditioned upon strict compliance with all requirements set forth in PTMC 6.04.040.B.4. Dump fees are charged in addition to pickup fees. B. In cases where collection is required of a type or manner not provided by the foregoing schedule, a charge based upon rates approved for the solid waste contractor by the city council shall be applied. In cases where compacted solid waste deposited in dumpsters exceeds the following weights; as determined by two or more weight tests conducted by the solid waste contractor, the city. council may, on a e~a~-by-case ba~i~, establish by resolution a compacted solid waste rate multiplier for such customer(s), in excess of the 2.8X multiplier set forth above: 1 yard durnpster: 650 pounds; 11/2 yard dumpster: 800 pounds; 2 yard dumpster: 1100 pounds, ........................ ' ......... : .... by b ' fo p ....... llll&J a'-dam!~'~'~r (Ord. § 4; Ord. 2620 § 2, 1997; Ord. 2373 § 1, 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). SECTION 5. Declaration of Emergency. Based upon the Findings, Section 1 above, the City Council hereby declares that an emergency exists, 'requiring the immediate adoption of this Ordinance. This Ordinance is necessary for the protection and preservation of public health, safety and the natural and built environment. SECTION 6. Severability. If any clause, sentence, paragraph, section or part of this Ordinance or its application to any person or circumstance is held to be invalid or unconsttufional by a court of competent jurisdiction, such order or judgment shall not affect the validity or constitutionality of the remainder of any part of this Ordinance. To this end, the provisions of each clause, sentence, paragraph, section or part of this law are declared severable. SECTION 7. Effective Date. This ordinance shall take effect and be in force January 1, 1999, for all solid waste utility billing for all services rendered commencing January 1, 1999. Read for the first, second, and third times and passed by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this 21st day of December, 1998. JulieMcCulloch, Mayor 13 Ord. 2675 Attest: ~'am Kolacy, City Clerk Approved~~ ~as to Form~ ~i~~th~ ~~c~j ha~, C~ty Attorney 12/17/98 [98-54] CA\tlm\Ord{6-04eomp.doe} 14 Ord. 2675