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HomeMy WebLinkAbout6460 ORDINANCE NO. 6 4 6 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 8.08.070 AND 8.08.140 OF THE AUBURN CITY CODE RELATING TO SOLID WASTE DISPOSAL WHEREAS, The City of Auburn ("City") adopted Resolution No. 4907 on February 19, 2013, by which the City entered into an Amended and Restated Interlocal Agreement ("ILA") with King County for solid waste management; and, WHEREAS, Section 6.2 of the ILA requires the City to ensure that all solid waste generated or collected within the City to be delivered to the County- designated disposal sites, unless the County agrees otherwise; and, WHEREAS, Section 8.5.a of the ILA requires the City to require that all solid waste generated or collected within the City and delivered to the County- designated site be in compliance with various rules and regulations; and, WHEREAS, staff has recommended to the City Council amendments to the provisions of the Auburn Municipal Code to ensure compliance with the City's obligations under the ILA. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. That section 8.08.070 of the Auburn City Code be and the same hereby is amended to read as follows: 8.08.070 Collection — General provisions. A. The city's agents shall collect, remove and dispose of all solid waste from single-family and multifamily residences and commercial establishments in the city at least once each week, or as often as required by the solid waste administrator. All occupied units are required to have minimum service or adequate service as required by the administrator. Ordinance No. 6460 April 10, 2013 Page 1 of 4 B. For the purpose of health, sanitation, and common good of the community, to ensure safe accumulation, storage, collection, transportation, and disposal of solid waste, the city's agents shall be the exclusive agents of the city to collect, dispose, remove, handle and transport solid waste within the city limits for the purpose of recycling, waste reduction, and composting. C. Nothing in this chapter shall prohibit any person from transporting recyclable materials, in his own vehicle either by himself or by his employees, and disposing of waste products produced by himself so long as he complies with this chapter and any other regulations of the city and the state dealing with solid waste management, recycling, waste reduction, and composting. D. Nothing in this section shall prohibit a contractor employed to demolish, construct, or remodel a building or structure, including but not limited to land clearing operations and construction wastes, from hauling waste created in connection with such employment in equipment owned by the contractor and operated by the contractor's employees. E. Nothing in_ this section shall prohibit nonprofit corporations from collecting recyclable materials. F. All solid w_ aste and moderate risk waste generated or collected within the City of Auburn shall be disposed of at a disposal site designated by King County in accordance with applicable agreements between the City and the County. (Ord. 6160 § 1, 2008; Ord. 6139 § 1, 2007; Ord. 6069 § 1, 2006; Ord. 6054 § 1, 2006; Ord. 5968 § 1, 2006; Ord. 5622 § 1, 2001; Ord. 5243 § 1, 1999; Ord. 5212 § 1 (Exh. D), 1999; Ord. 4500 § 2, 1991.) Section 2. Amendment to City Code. That section 8.08.140 of the Auburn City Code be and the same hereby is amended to read as follows: 8.08.140 Disposal restrictions. A. Hazardous wastes as defined in RCW 70.105.010(15), hazardous substances as defined in RCW 70.105.010(14), hazardous household substances as defined in RCW 70.105.010(13), moderate-risk wastes as defined in RCW 70.105.010(17) and those wastes included in the State of Washington Department of Ecology Dangerous Waste Regulations found in Chapter 173-303 WAC shall not be disposed of through the city's garbage, recyclables or compostables collection system. Such wastes shall be delivered by the person generating such waste to an appropriate and authorized handler of such wastes for proper disposal. Any person found to have violated this provision shall be subject to both civil penalties and/or criminal prosecution under any and all federal, state or local laws that may apply or may be adopted in the future. B. No hot ashes or hot clinkers shall be placed in any garbage cans or approved containers for collection or removal. All kitchen, table, r Ordinance No. 6460 April 10, 2013 Page 2 of 4 cooking, animal and vegetable waste and offal, before being deposited in containers, shall be drained and wrapped in paper or other material in such a manner as to prevent, as nearly as possible, moisture from such garbage from coming in contact with sides or bottoms of the cans or containers. Dishwater or other liquid or semi-liquid kitchen wastes that are properly disposable down the sanitary drains shall not be deposited in garbage cans or approved containers. C. It is unlawful for any person, firm or corporation conducting any hotel, restaurant or any public eating place to deposit, throw or place swill or other waste food matter in a lane, alley, street or other public place, or to deposit, throw or place any swill upon any private property regardless of ownership. D. All waste generated or collected from within the corporate limits of the City which is delivered to the King County Solid Waste System for disposal shall be in compliance with the Resource Conservation and Recover Act 42 U.S.C. § 6901 et se g.) (RCRA), chapters 70.95 and 70.105 RCW King County Code Title 10 King County Board of Health Rules and Regulations the King County Solid Waste Division operating rules, and all other Federal State and local environmental health laws, rules or regulations that impose restrictions or requirements on the type of waste that may be delivered to the King County Solid Waste System, as they now exist or are hereafter adopted or amended. (Ord. 6367 § 7, 2011; Ord. 6160 § 1, 2008; Ord. 6139 § 1, 2007; Ord. 6069 § 1, 2006; Ord. 6054 § 1, 2006; Ord. 5968 § 1, 2006; Ord. 5622 § 1, 2001; Ord. 5243 § 1, 1999; Ord. 5212 § 1 (Exh. D), 1999; Ord. 4500 § 2, 1991. Formerly 8.08.190.) Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Ordinance No. 6460 April 10, 2013 Page 3 of 4 Section 5. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: APR 15"2013 PASSED: APR 15-2013 APP VED: APR 15 2013 F N c PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPR ED AATO FORM: Da iel B. eid, City A orney Published: A/\ Ordinance No. 6460 April 10, 2013 Page 4 of 4