Chapter 9.48
RESIDENTIAL RECYCLING COLLECTION*
* Editor’s Note: Prior ordinance history: This chapter was amended in its entirety by Ord. 272 (2002). The chapter was originally adopted by Ord. 157 (1993), as amended by Ord. 157A (1993).
This chapter was formerly designated “Service Levels and Rate Structures for Solid Waste and Recycling Collection.” The title was amended by Section 2 of Ord. 272 (2002), and again amended by Section 2 of Ord. 379 (2007).
Sections:
9.48.010 Purpose.
9.48.020 Definitions.
9.48.030 Residential curbside recycling and yard waste collection boundaries.
9.48.040 Minimum levels of curbside recycling and yard waste collection service.
9.48.050 Recyclable materials and yard waste collection rates.
9.48.060 County notification of WUTC tariff filings.
9.48.070 Program promotion and education requirements.
9.48.080 Solid waste company’s customer service responsibilities.
9.48.090 Reporting requirements.
9.48.100 (Repealed).
9.48.110 County notification to solid waste company.
9.48.120 (Repealed).
9.48.130 Effective date.
9.48.010 Purpose.
Policies expressed in the Kitsap County comprehensive solid waste management plan make recycling the preferred method of handling solid waste. This chapter specifies service levels for curbside collection of recyclable material and yard waste that encourage recycling and that will maximize the amount of recyclable material returned to the manufacturing cycle.
(Ord. 379 (2007) § 3, 2007: Ord. 272 (2002) § 3, 2002)
9.48.020 Definitions.
These terms mean the following:
1. “Cart” means a wheeled and lidded collection container of 35, 64 or 96-gallon capacity.
2. “County” means Kitsap County.
3. “Division” means the solid waste division of Kitsap County department of public works.
4. “Food waste” means pre-consumer food products commonly found in residential garbage. Pre-consumer food products include uncooked vegetables, grains, beans, and fruit; coffee grounds and filters; tea bags; and eggshells.
5. “Material recovery facility” means any facility that collects, compacts, repackages, sorts, or processes for transport source separated solid waste for the purpose of recycling (WAC 173-350-100).
6. “Multifamily customer” means the manager or owner of a multifamily residence that receives and is billed for solid waste collection services.
7. “Multifamily residence” means any structure housing two or more dwelling units (WAC 480-70-041).
8. “Recyclable materials” means materials that are transported for recycling, reprocessing, reclamation, or for any process that extracts or modifies the commodity for reuse or another commercially valuable purpose (WAC 480-70-041).
9. “Single family customer” means a person or family living in a residential unit designed exclusively for occupancy of one family living independently.
10. “Solid waste” means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to garbage, rubbish, refuse, swill, ashes, industrial wastes, sewage sludge, demolition and construction wastes, abandoned vehicles or parts of abandoned vehicles, and source-separated recyclable materials collected from single and multifamily residences (WAC 480-70-041).
11. “Solid waste company” means every common carrier, including a contract carrier, who provides solid waste collection service as authorized by the Washington Utilities and Transportation Commission (WAC 480-70-041).
12. “Yard waste” means plant material commonly generated in the course of maintaining yards and gardens, and through horticulture, gardening, landscaping, or similar activities. Yard waste includes, but is not limited to, grass clippings, leaves, branches, brush, weeds, flowers, roots, windfall fruit, vegetable garden waste, holiday trees, and tree prunings four inches or less in diameter.
13. “WUTC” means the Washington Utilities and Transportation Commission.
(Ord. 379 (2007) § 4, 2007: Ord. 272 (2002) § 4, 2002)
9.48.030 Residential curbside recycling and yard waste collection boundaries.
1. Recycling. Boundaries for the purpose of establishing minimum levels of curbside collection of recyclable material from single and multifamily customers are designated in Exhibit A, incorporated herein by this reference. Said Exhibit A and a map showing the boundaries are on file and available for public inspection in the offices of the board of county commissioners and the division.
2. Yard waste. Boundaries for the purpose of establishing minimum levels of curbside collection of yard waste from single family and multifamily customers are designated in Exhibit B, incorporated herein by this reference. Said Exhibit B and a map showing the boundaries are on file and available for public inspection in the offices of the board of county commissioners and the division.
(Ord. 379 (2007) § 5, 2007: Ord. 272 (2002) § 5, 2002)
9.48.040 Minimum levels of curbside recycling and yard waste collection service.
The minimum levels of service and the Washington Utilities and Transportation Commission (WUTC) regulation of the solid waste company, pursuant to RCW 81.77, shall continue from the effective date of this ordinance as codified in Section 9.48.130 of this chapter unless terminated by the county as specified in Section 9.48.110. The minimum level of curbside recycling and yard waste collection service in unincorporated Kitsap County shall include the following:
(1) Single Family Curbside Recycling Collection.
(A) Single family customers receiving curbside garbage collection service shall receive and be billed for curbside recycling collection service if they live within the curbside recycling collection boundaries designated in Exhibit A1.
Senior citizens and disabled persons that are approved by the Kitsap County assessor for property tax exemption are eligible for exemption from participation in the curbside recycling program. These citizens must apply to the division to qualify for this exemption. The division shall notify the solid waste company of the names and addresses of the citizens that qualify for this exemption. These citizens will not receive curbside recycling collection service and will not be billed for the service.
(B) Single family customers not receiving curbside garbage collection service must contact the solid waste company to receive and be billed for curbside recycling collection service. They must live within the curbside recycling collection boundaries designated in Exhibit A.
(C) Material Collected. The following recyclable material shall be collected from single family customers when set out as specified by the division after consultation with the solid waste company:
(i) Clear, amber and green glass food and beverage containers;
(ii) Tin-coated steel cans;
(iii) Aluminum cans;
(iv) Scrap metal with dimensions less than 2 foot by 2 foot and less than 35 pounds per collection;
(v) Newspaper including glossy advertisements and inserts that are delivered with the newspaper;
(vi) Mixed paper including mail, magazines, catalogs and phone books, paperback books, computer paper, white and colored ledger, file folders, file cards, and chipboard;
(vii) Paper food containers including paper bags, dry food boxes, frozen food boxes, egg cartons, milk cartons, juice boxes;
(viii) Corrugated cardboard;
(ix) Plastic containers including bottles, jugs, jars and dairy tubs;
(x) Other recyclable material may be collected at the option of the division, provided markets exist for the added material;
(xi) The division may delete any material from the list of recyclable material.
(D) Collection Schedule. The recyclable material listed in subsection (1)(C) of this section shall be collected every other week. Recyclable material will be collected on the same day of the week as garbage collection.
(E) Collection Containers. The solid waste company shall provide recycling containers to each single family customer as specified in subsections (1)(A) and (1)(B) of this section. All material will be commingled in the collection containers.
(i) One 64-gallon cart shall be provided for recyclable material accumulated between collections; or
(ii) Three 14-gallon bins may be provided instead of a 64-gallon cart at the customer’s request.
(iii) Single family customers that generate more than 64-gallons or more than three 14-gallon bins of recyclable material between collections have the following options:
(a) Request additional 64-gallon carts from the solid waste company. A delivery fee and a monthly rental charge may be applied to the customer’s bill for each additional cart.
(b) Haul extra recyclable material to the nearest county-owned recycling facility. There will be no additional change for using the recycling facility.
(iv) Single family customers that generate more recyclable material than can be held in three 14-gallon bins may purchase extra bins at their own expense.
(v) The style and color of collection containers shall be determined by the division in consultation with the solid waste company and shall be standardized throughout the county. The goal is to have garbage, recycle and yard waste containers that are easily distinguishable from each other.
(F) Rejection of Material at Curbside Due to Contamination. The solid waste company may refuse to collect material set out for collection if the material will be unmarketable due to contamination. If collection is refused, the solid waste company shall attach information to the cart explaining why the material was not collected. The customer will have the choice to clean the recyclable material or ask the solid waste company to dispose of the material as garbage at the next scheduled pick up. The division in consultation with the solid waste company will develop this information.
(G) Spilled Material. The solid waste company shall clean up any material spilled by their employees or equipment.
(2) Multifamily Recycling Collection.
(A) Residential recyclable material collection services shall be available to all multifamily customers within the curbside recycling collection boundaries designated in Exhibit A2.
(B) Multifamily customers receiving curbside garbage collection service shall receive and be billed for curbside recycling collection service if they live within the curbside recycling collection boundaries designated in Exhibit A.
(C) Material Collected. All of the recyclable material listed in subsection (1)(C) of this section shall be collected from multifamily customers when set out as specified by the division after consultation with the solid waste company. Material will be commingled in each cart.
(D) Collection Schedule. The recyclable material listed in subsection (1)(C) of this section shall be collected every other week.
(E) Cart Service. Carts, with a 64-gallon capacity, shall be placed at each garbage collection location where space for multiple carts and access for recycling trucks is available. The solid waste company in consultation with the division shall determine the correct number of recycling carts for each multifamily residence.
(F) Promotion of Service. The division will take the lead for contacting multifamily customers and promoting available recycling services. The solid waste company is encouraged to assist with this work.
(G) Rejection of Material at Curbside Due to Contamination. The solid waste company may refuse to collect material set out for collection if the material will be unmarketable due to contamination. If collection is refused, the solid waste company shall attach information to the cart explaining why the material was not collected. The customer will have the choice to clean the recyclable material or ask the solid waste company to dispose of the material as garbage at the next scheduled pick up. The division in consultation with the solid waste company will develop this information.
(H) Spilled Material. The solid waste company shall clean up any material spilled by their employees or equipment.
(3) Curbside Yard Waste Collection.
(A) Curbside yard waste collection service shall be available to all single family and multifamily customers within the curbside yard waste collection boundaries designated in Exhibit B3.
(B) Single family and multifamily customers will receive and be billed for curbside yard waste collection only if they request this service.
(C) Material Collected. The following material shall be collected when set out as specified by the division after consultation with the solid waste company:
(i) Single family: Yard waste, pre-consumer food waste and shredded paper.
(ii) Multifamily: Yard waste and shredded paper.
(D) Collection Schedule. Yard waste will be collected every other week on the same day as garbage collection service, unless the solid waste company can demonstrate to the division that an alternate collection schedule will provide increased collection route density.
(E) Collection Containers. The solid waste company will provide the number of 96-gallon carts requested by the residential customer. The WUTC will establish cost based rates for more than one yard waste cart.
(F) Rejection of Material at Curbside Due to Contamination. The solid waste company may refuse to collect material set out for collection if the material will be unmarketable due to contamination. If collection is refused, the solid waste company shall attach information to the cart explaining why the material was not collected. The customer will have the choice to clean the recyclable material or ask the solid waste company to dispose of the material as garbage at the next scheduled pick up. The division in consultation with the solid waste company will develop this information.
(G) Spilled Material. The solid waste company shall clean up any material spilled by their employees or equipment.
(4) Additional Minimum Level of Service Provisions.
The following provisions shall apply to the collection services described in this section and, where appropriate, be included in the tariff filing with the WUTC:
(A) The solid waste company shall use the least expensive material recovery and compost facilities for processing all recyclable material and yard waste. The cost of transportation and material rebate shall be included in the determination of the least expensive alternative. Only facilities that have obtained all applicable local, state and federal permits, and which are in compliance with these permits shall be used. The solid waste company shall provide a written report to the division that justifies the use of material recovery and compost facilities based on these criteria no later than October 1 each year.
(C) The solid waste company shall not dispose of recyclable material or yard waste by landfill or incineration without the written consent of the division. The division shall not withhold consent unreasonably in the case of contaminated loads that are unmarketable. When consent is granted, the solid waste company shall report the type of recyclable material, the nature of contamination, the weight and volume of material disposed, and date and method of disposal to the division within two business days.
(D) The division and the solid waste company will discuss the economic viability of any proposed changes to the list of recyclable material to be collected, or to the service area boundaries in Exhibits A or B. Changes in service area boundaries shall be subject to approval of the county.
(Ord. 379 (2007) § 6, 2007: Ord. 283 (2002) § 1, 2002: Ord. 272 (2002) § 6, 2002)
9.48.050 Recyclable Materials and Yard Waste Collection Rates.
The solid waste company shall use rate structures and billing systems consistent with the solid waste management priorities set forth under RCW 70.95.010 and the minimum levels of garbage collection and recycling services pursuant to Kitsap County’s comprehensive solid waste management plan and implementing ordinances.
(1) When a solid waste company files proposed tariff changes with the WUTC, the company shall include:
(A) A rate structure that encourages recycling.
(B) Single family recycling rates that include:
(i) A rate structure that distributes the cost of single family recycling collection among all single family garbage collection service ratepayers living within the curbside recycling collection boundaries designated in Exhibit A with the exception provided for in Section 9.48.040(1)(A); and
(ii) A rate structure that includes the cost of recycling collection service only, for single family customers within the curbside recycling collection boundaries in Exhibit A that do not have curbside garbage collection service but that sign up for curbside recycling collection service; and;
(iii) The provision, repair and replacement of one 64-gallon recycling cart or three 14-gallon recycling bins to single family customers without an initial delivery fee. If service is cancelled and started up at a later date within a calendar year by the same customer, the solid waste company may charge a redelivery fee. The solid waste company shall not charge a rental fee for the first 64-gallon cart or three 14-gallon bins. The customer may be charged a delivery fee and a monthly rental fee for using a second or third solid waste company-supplied cart. Customers needing more than three 14-gallon bins must purchase them at their own expense.
(C) Multifamily recycling rates that include:
(i) A rate structure that distributes the cost of multifamily recycling collection among all multifamily garbage collection service rate payers living within the curbside recycling collection boundaries designated in Exhibit A; and
(ii) The provision, repair and replacement of 64-gallon carts to multifamily customers without an initial delivery fee. If service is cancelled and started up at a later date within the calendar year by the same customer, the solid waste company may charge a redelivery fee. The solid waste company shall not charge a rental fee for carts.
(D) Yard waste recycling rates shall include:
(i) A rate structure that includes the cost of curbside yard waste collection service for single family and multifamily customers within the curbside yard waste collection boundaries in Exhibit B that sign up for curbside yard waste collection service and;
(ii) The provision, repair and replacement of 96-gallon carts to yard waste customers without an initial delivery fee. If service is cancelled and started up at a later date within a calendar year by the same customer, the solid waste company may charge a redelivery fee. The solid waste company shall not charge a rental fee for carts; and
(iii) The WUTC will establish cost based rates for more than one yard waste cart, as requested by a customer.
(E) A bill that shows as separate line items all charges or credits billed to the customer. These may include garbage collection, recyclable materials collection, yard waste collection, and a recycling commodity adjustment as provided for in WAC 480-70-396 and WAC 480-70-351.
(F) Missed collections: If the collection of recycling or yard waste was missed due to solid waste company error, the solid waste company will collect the material within two business days at no additional charge to the customer.
(Ord. 379 (2007) § 7, 2007: Ord. 272 (2002) § 7, 2002)
9.48.060 County notification of WUTC tariff filings.
The solid waste company shall meet with the division prior to filing a tariff revision for garbage, recycling, or yard waste collection rates with the WUTC. The division shall review the tariff revision before it is submitted to the WUTC. The solid waste company shall notify the division, within two business days, of scheduled times and dates of any open meetings or public hearings before the WUTC for proposals that might have an effect on customers that reside in Kitsap County.
(Ord. 379 (2007) § 8, 2007: Ord. 272 (2002) § 8, 2002)
9.48.070 Program promotion and education requirements.
(A) The division will prepare and publish materials that encourage the use of recycling, yard waste and garbage collection services. The division may direct the solid waste company to distribute printed material to customers.
(B) The solid waste company shall distribute educational materials prepared by the division to new customers.
(C) The solid waste company shall prepare and distribute calendars of collection dates to all customers. The calendar shall list the solid waste company’s phone number and the WUTC’s consumer affairs toll free phone number.
(Ord. 379 (2007) § 9, 2007: Ord. 272 (2002) § 9, 2002)
9.48.080 Solid waste company’s customer service responsibilities.
The solid waste company is responsible for all aspects of customer service, including, but not limited to:
(1) Giving accurate service related information to customers by telephone. The solid waste company shall actively promote all recycling, yard waste, garbage collection alternatives to each customer requesting service.
(2) Accepting customer complaints by phone. The solid waste company shall keep a written record of the complaint. Unresolved complaints shall be referred the WUTC’s consumer affairs toll free phone number or website.
(3) Collecting the uncollected recyclable material and yard waste within two business days after a complaint is received and verified that the solid waste company was at fault unless the company and customer agree to an acceptable alternative.
(4) Maintaining an adequately staffed telephone line for its customer base. This number shall be accessible to customers for the purpose of providing program information, and accepting service comments and complaints.
(Ord. 379 (2007) § 10, 2007: Ord. 272 (2002) § 10, 2002)
9.48.090 Reporting requirements.
(1) The solid waste company shall submit garbage, recyclable material and yard waste collection data to the division in a format determined by the division on a quarterly basis.
(2) The solid waste company shall submit a customer service score based on errors per 1,000 customers to the division on a quarterly basis.
(Ord. 379 (2007) § 11, 2007: Ord. 272 (2002) § 11, 2002)
9.48.100 Repealed.*
* Editor’s Note: Former Section 9.48.100, “County administrative fee,” was repealed by Section 12 of Ord. 272 (2002). The section was originally adopted by 157 (1993).
9.48.110 County notification to solid waste company.
The county will exercise its authority to contract for curbside recyclable material and yard waste collection from single and multifamily customers if the services specified in this chapter are not fully implemented by the solid waste company.
(Ord. 379 (2007) § 12, 2007: Ord. 272 (2002) § 13, 2002)
9.48.120 Repealed.*
* Editor’s Note: Former Section 9.48.120, “Full program implementation,” was repealed by Section 14 of Ord. 272 (2002). The section was originally adopted by 157 (1993).
9.48.130 Effective date.
The ordinance codified in this chapter shall take effect immediately.*
(Ord. 379 (2007) § 13, 2007: Ord. 272 (2002) § 15, 2002)
* Editor’s Note: The effective date of Ordinance 272 (2002) was August 1, 2002; the effective date of the amendments made by Ord. 379 (2007) was April 9, 2007.
Exhibits to the ordinance codified in this chapter are on file and available for public inspection in the offices of the board of county commissioners and the division.
Exhibits to the ordinance codified in this chapter are on file and available for public inspection in the offices of the board of county commissioners and the division.
Exhibits to the ordinance codified in this chapter are on file and available for public inspection in the offices of the board of county commissioners and the division.