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Ordinance 2775Ordinance No. 2775 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE EDMONDS CITY CODE TO ADD A NEW CHAPTER 7.70 RELATING TO SOLID WASTE RECYCLING AND PROVIDING EFFECTIVE DATES. WHEREAS, the Edmonds City Council has by city ordinance adopted Snohomish County's Comprehensive Solid Waste Management Plan Update, including the Recycling Element, and desires to speed up the timetable for implementation of the Recycling Plan; and WHEREAS, the Edmonds City Council wishes to establish a city wide recycling program by which all residents, and eventually all commercial establishments, in the city receive cost-effective and efficient source separated collection recycling services; and WHEREAS, the State of Washington has adopted state wide solid waste management legislation which requires cities to establish recycling collection services through municipal collection, contract collection, or WUTC regulated collection (Sec. 3, Ch. 431, Laws of 1989, amending RCW 70.95.090); and WHEREAS, the State of Washington has adopted state wide solid waste management legislation which requires local comprehensive solid waste management plans to include a comprehensive waste reduction element that provides incentives and mechanisms for source separation (Sec. 3, Par. 6, Ch. 431, Laws of 1989, amending RCW 70.95.090); and WHEREAS, Washington Utilities and Transportation Commission (WUTC) certificated solid waste haulers have provided the required, necessary, efficient and convenient waste collection service to the City in the past and thereby have sufficient and reasonable experience, knowledge and standing with city residents to be provided the opportunity of performing the minimum level and type of collection service for recyclables and yard waste specified in the recycling element; and WHEREAS, the WUTC is directed by recent solid waste management legislation to supervise and regulate every hauler in the State by requiring compliance with the County's Comprehensive Solid Waste Management Plan (Sec. 20, Par. 5 Ch. 432, Laws of 1989, amending RCW 81.77.030); and WHEREAS, the WUTC is directed by recent solid waste management legislation to supervise and regulate every hauler in the State by requiring certificate holders to use rate structures and billing systems consistent with the RECYCLING ORDINANCE MAY 24, 1990 - PAGE 1 solid waste management priorities set by State law and the minimum levels of solid waste collection and recycling services pursuant to the County's Comprehensive Solid Waste Management Plan (Sec. 20, Par. 6, Ch. 432, Laws of 1989, amending RCW 81.77.030); and THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Edmonds Code is hereby amended to add a new Chapter 7.70 Solid Waste Recycling to read as follows: Chapter 7.70 SOLID WASTE RECYCLING 7.70.010 Purpose.. The purpose of this subsection is to define levels of city wide recycling services which shall be made available to all residential dwellings and commercial establishments in areas serviced by WUTC certificated waste haulers operating in the City of Edmonds. 7.70.020 Definitions. For the purposes of this chapter, A. "Haulers" means those corporate entities currently, or in the future, certified by the Washington State Utilities and Transportation Commission to collect trash in the City of Edmonds. As of March, 1990, the three haulers are Lynnwood Disposal, Sound Disposal and Northwest Garbage Company, Inc. B. "Non multi family residences" means those residential dwellings containing four or less dwelling units. C. "Yard waste" means grass clippings, shrubbery and tree or trimmings therefrom, and other organic solid waste resulting from horticulture, gardening, landscaping, or other similar uses. D. "Multi -family" means those residential dwellings containing five or more dwelling units. E. "Commercial" means any non-residential establishments which are not defined above. 7.70.030 Services to be Provided. RECYCLING ORDINANCE MAY 24, 1990 - PAGE 2 Each waste collector that services the City of Edmonds shall be responsible for making the following recycling services available to their operation areas within the City: A. Collection of the following materials from the curb when properly set out on the designated collection day for collection by the designated hauler: 1. Old newspaper; 2. Mixed waste paper, including old corrugated containers (cardboard); 3. Aluminum food and beverage containers; 4. Tin-plated steel food and beverage containers; 5. Glass food and beverage containers; 6. PET plastic containers. Other recyclable materials, such as plastics or waste oil, may be collected on a continuing basis, at the option of the City when reasonable costs for including specified additional materials are allocated to residents receiving the added service. B. Collection shall be biweekly from each non multi family residence, preferably on the same day as trash collection, unless the hauler can demonstrate to the City that an alternative collection schedule can result in the same or higher levels of participation and recovery. C. Processing and marketing of all materials collected shall be provided, such that no more than 10 percent by weight of the collected material may be landfilled, unless the County and the WUTC, in recognition of special circumstances, accept such material. D. A recycling container to hold the materials designated for collection shall be made available to each non multi family residence. Other customer classes will work with the haulers to identify container options. Options should be made available to customers to provide their own containers with a commensurate reduction in rates. E. Collection of yard waste from non multi family and multi -family dwellings, when fully phased in, shall be made available at least biweekly from the months of the March through November, unless the hauler can demonstrate to the City that an alternative collection schedule can result in the same or higher levels of participation and recovery. F. Promotional strategies shall be employed by the haulers to reasonably and regularly inform and notify each eligible residence of the availability of recyclables RECYCLING ORDINANCE MAY 24, 1990 - PAGE 3 collection service and of appropriate actions and schedules for preparing material for set out. G. The City shall undertake a public education and awareness program utilizing funds from the Snohomish County recycling grant. The City shall where possible reinforce the efforts of private citizens and groups to promote public awareness and environmental consciousness. H. The haulers shall develop a total rate structure for garbage and recycling which provides economic incentives for customers to recycle and to reduce total waste, in accordance with State and County goals. Customers shall be charged a single all-inclusive rate for garbage, recyclables, and yard waste. Provisions shall be made by the haulers to give credit to customers who can demonstrate that they do not produce any recyclables and/or yard waste. I. The City shall adopt administrative policies and procedures which maximize its own recycling of paper and other potentially recyclable items. Also, where practicable, the city shall attempt to utilize recyclable paper and other recyclable commodities so as to provide markets for collected recyclables. J. The haulers shall take measures to reduce all possible costs to Edmonds customers of the collection of recyclables and yard waste. This shall include, but not be limited to, provision of small trash containers and a commensurate reduced rate, provision of alternatives to providing a toter for yard waste (such as allowing customers to use their own containers), credits for composting.. 7.70.040 Reci ients of the services. A. The recycling services shall be made available by the haulers to all non multi -family residences within the City that receive and are billed for residential trash collection services. B. In addition, the services shall be offered by the haulers to all other residents of non multi family dwellings by the haulers through direct notification and an invitation to subscribe for the service. Those residents that subscribe for the service shall receive it at a rate to be established by the WUTC. C. Multi Family dwellings and commercial establishments are recognized to present unique circumstances which may initially preclude the selection of a single, uniform approach to the collection of recyclables and RECYCLING ORDINANCE MAY 24, 1990 - PAGE 4 yard waste. In recognition of such circumstances the haulers are urged to work with representatives of this customer class to develop alternatives for collection of recyclables and, where practical, yard waste, and for promoting high levels of participation by this customer class. 7.70.050 Reporting of Proposed Rates. Prior to seeking rate adjustments from the WUTC, the haulers shall provide the Edmonds City Council, through the Community Services Director, a complete report on the proposed rates, and any supporting documentation which the Director might require. 7.70.06❑ Recycling Program Monitoring and RaDortina. The haulers shall provide the City with reports on the status of the recycling program. These reports shall be provided at least on a yearly basis or at a more frequent request by the city, with due notice and time for preparation. Such reports shall include, but not be limited to, rates of participation, amount of recyclables and yard waste produced by appropriate categories, volumes, and tonnages, logs of customer complaints and comments, and any other reasonable elements which shall be requested by the City. 7.70.070 Changes in Provision of Recycling Services. A. It is recognized that the experience of the first year will require evaluation by the haulers and by the city in order to identify needs for potential changes to the program defined in this ordinance. It is the intent of the City Council to formally review the programs of the two haulers after approximately one year of operation. B. The City Council may from time to time review the recycling program in regard to participation rates, customer satisfaction, and comparative customer rates, and may exercise its authority in considering changes to how recycling services are provided in the City of Edmonds. 7.70.090 Mandatory separation of recyclable materials and and waste from trash. A. Residents shall not discard yard waste together with trash and shall make it available for recovery and composting as soon as yard waste collection and composting services are provided, or shall otherwise dispose of such wastes, through composting or otherwise, on their own property. RECYCLING ORDINANCE MAY 24, 1990 - PAGE 5 B. It is the goal of the City to evaluate the program after approximately one year of operation and to assess the advisability of prohibiting the discarding of recyclable materials together with trash. While this step may be necessary in the future to meet the goals of the State legislation and the Comprehensive Solid Waste Management Plan, it shall not be taken without further evaluation and input from the public and the haulers. 7.70.100 Use of existing recycling collectorsprocessors and markets. Haulers are encouraged to contract with existing recycling operators for source separated collection services in those areas where such service is currently being provided. In arranging for processing and marketing of materials collected, haulers are encouraged to coordinate with existing processors and markets and with other collection programs in order to obtain consistent and high value for materials delivered 7.70.110 Provision of Collection Containers for Recvlables and Yard Waste by Multi -Family Residences. A. All new multi -family residences are required to provide facilities (containers and space for their deployment) for the collection of recyclables and yard waste. Such facilities may include either centralized or individual containers. The City with its haulers shall develop prototype container or system configurations which meet the intent of this ordinance. Any facilities required to promote recycling will be subject to the existing requirements in the Edmonds Community Development Code as far as zoning and design standards. B. All existing multi -family residences will also be required to make provisions for the collection of recyclables and yard waste. It is recognized that in some instances this may require changes to approved site plans, including, but not limited to, common areas of the building site and parking areas. It is also recognized that the provision of recyclable collection facilities in existing multi -family residences may also create violations of certain parts of the zoning ordinance. The staff will review proposed facilities for collection of recyclables and/or yard waste, and will make a staff decision on whether a more formal review by the Architectural Design Board is necessary. Such staff decisions shall be staff decisions rendered and appealable as provided in ECDC 20.95.050. In the event that a required parking space needs to be utilized for a collection facility, it shall still be RECYCLING ORDINANCE MAY 24, 1990 - PAGE 6 counted toward meeting the parking requirements in the ECDC. 7.70.120 Implementation Dates. The desired goals for setting dates for the availability of the above described services in the City are as follows: 1. Source separated collection of recyclables for non multi family residences - August 1, 1990. 2. Collection of yard waste from non multi family residences - August 1, 1990. 3. Collection of recyclables and yard waste from multi -family residences and recyclables from commercial customers shall initially be made available on customer request to the haulers, and shall be done on an incremental and phased in basis. A regular program shall not be required until the haulers and representatives of this customer class jointly develop alternatives and present them to the City Council no later than March 1, 1991. Section 3. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of the ordinance or a summary thereof consisting of the title. RECYCLING ORDINANCE MAY 24, 1990 - PAGE 7 ATTEST/AUTHENTICATED: CLERK, JACQUELINE G. PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: TIM FILED WITH THE CITY CLERK: May 25, 1990 PASSED BY THE CITY COUNCIL: May 29, 1990 PUBLISHED: June 3, 1990 EFFECTIVE DATE: June 8, 1990 ORDINANCE NO. 2775 F.RECY524.DOC RECYCLING ORDINANCE MAY 24, 1990 — PAGE 8 Affidavit of Publication STATE OF WASHINGTON, sa COUNTY OF SNOHOIAISH, The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper SUMMARY OF printed and published in the City of Everett, County of Snohomish, ORDMANCE NO. 2715 EdmcndSeWloshin Il and State of Washington; that said newspaper is a newspaper of On the ' tilt CRY Coundl of �jty of Edmonds, Passed Ordinance Nogeneral circulation in said County and State; that said newspaper 2775, A summary of the content of said ordlnanee, consisting of has been approved as a legal newspaper by order of the Superior file ffilt 0r6N1das as folioWs: AN AR6114ANCE OF THE CITY OF E M9J ND& WASHINGTON, Court of Snohomish County and that the notice ........................................ text of this OrdlgaTICe lied Won request. $his 29fh day o! INoy, IELINE G. PARRETT ark June 3, 1990, „Summary of Ordinance No. 2775 a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: :..:..June 3 ...1,990............. and that said newspaper was regularly distributed to its subscribers during all of said period. ; it ; � ' ( - .......... .1 , Principal Clerk Subscribed and sworn to before me this ......... 4L . day of....-.-. ........ June ......., 19.9..... ....................... Not 4 ............ w%., rej iiubiic in Ld foi the State of Washington, 4 at Everett, Snohomish County. B-2-1