Spokane Municipal Code

Title 13 Public Utilities and Services

Chapter 13.02 Solid Waste

Article II. General Provisions

Section 13.02.0204 Private Hauling Prohibited – Special Reports – Solid Waste Franchises – Commercial Recycling – Construction, Demolition and Landclearing Waste

1. Except where preempted by state law or pursuant to a written City contract or franchise as provided hereafter, no person may provide solid waste collection or solid waste disposal services or residential recycling collection services otherwise provided by the city solid waste collection and disposal departments within the City.

1. 1. Specifically, the use of roll-off boxes or tilt-frame trucks by persons other than the solid waste collection department or persons authorized by City contract, City franchise, or City solid waste permit (as defined in SMC 13.02.0125) is prohibited.

1. 1. 1. A “roll-off box or container” is defined as a non-motorized container that is left at a site in which is deposited trash, construction debris and/or garbage. It is normally metal and capable of being hauled to be dumped elsewhere.

1. 2. The following specialized solid waste handling equipment is prohibited from use in the city without a franchise, solid waste permit or written approval from the solid waste collection department:

1. 1. 1. Front, rear or side load waste collection vehicle;

1. 1. 2. Tilt-frame collection vehicle for the hauling of roll-off waste containers or waste compactors;

1. 1. 3. Private roll-off waste container;

1. 1. 4. Intermodal container used for solid waste disposal;

1. 1. 5. Container carrier truck or container delivery truck for the hauling of solid waste containers; and

1. 1. 6. Solid waste container for the collection of solid waste is one-yard, two-yard, three-yard, four-yard, six-yard, or eight-yard size.

2. Private junk removal or hauling services are prohibited to the extent they involve collection or hauling of solid waste, including construction, demolition and landclearing wastes. Private cleanup services not involving regular routes and which may include incidental hauling as defined in SMC 13.02.0119 may be permitted where:

1. 1. A substantial charge is made for premises cleanup labor and hauling charges are incidental thereto;

1. 2. All non-recyclable materials are source separated and disposed of at the City’s Waste to Energy Facility or the Spokane County Regional Solid Waste System;

1. 3. Such disclosure and reporting requirements as prescribed by the director are followed; and

1. 4. No solid waste hauling which could be the subject of any WUTC regulatory action occurs; and

1. 5. Parties engaged in such activities accept and agree to any other regulatory or contractual arrangements as the director may determine appropriate to assure maintenance of solid waste collection and disposal departmental control of collection and disposal of solid waste in the city of Spokane.

3. Solid Waste Franchises.

1. 1. Persons holding a state certificate of public convenience and necessity within any areas annexed and entitled to an exclusive municipal franchise following annexation under RCW 35.13.280 are hereby granted an exclusive franchise as provided by law for a period of seven years commencing at the effective date of annexation.

1. 1. 1. The director of solid waste collection is authorized to extend the time of such franchises, considering the value of any interests cancelled because of an annexation and the City’s assumption of solid waste authority, not to exceed an additional three years, but any extension shall be in writing and upon such conditions as the director may require, in the exercise of sound discretion.

1. 1. 2. The director may present a separate franchise document for approval by any affected party, but failure of said party to sign or accept the same shall not delay the operation of this section, or the director may deem said failure to be a surrender or abandonment of all rights.

1. 1. 3. The terms of this section shall form the basis of any franchise or contract for such solid waste collection privileges.

1. 2. Any party collecting solid waste in the city of Spokane pursuant to this subsection (C) of this section is subject to the following further conditions:

1. 1. 1. The franchise shall not exceed the scope of permission as to kind of service, territory or any other permission relating to solid waste granted by any state certificate of public convenience and necessity that has been cancelled by operation of the annexation law in effect prior to the time of annexation.

1. 1. 2. Rates shall be fair and reasonable. Compliance with WUTC-approved rates for similar services shall be presumed fair and reasonable, but rates in excess of such rates shall be presumed not to be fair and reasonable, all rates subject to review and approval by the director of solid waste collection guided by standards applicable to WUTC certificated haulers.

1. 1. 3. Service levels shall be adequate and sufficient to satisfy all customer needs. Service levels at least to the level currently provided by the City of Spokane department of solid waste collection shall be presumed adequate and sufficient. Service not to such level shall be presumed insufficient, but all service is subject to review and approval by the director of solid waste collection who shall consider WUTC policies and practices.

1. 1. 4. The hauler shall be solely and separately responsible for all activities and shall never represent that it is an employee or agent of the City of Spokane.

1. 1. 1. 1. The hauler must indemnify and hold harmless the City, its officers, agents and employees from all loss or liability for the service provider’s actions in connection with the enjoyment of service privileges.

1. 1. 1. 2. The party may be required to furnish evidence of insurance, including naming the City of Spokane as an additional named insured on the insurance levels as the director may reasonably require, in consultation with the city risk manager, considering the nature and scope of service activities and level of risk to the public therefrom.

4. Commercial Recycling Hauling.

1. 1. Persons engaged in commercial recycling hauling for hire are not subject to requirements of a municipal solid waste contract or franchise under this section, but must submit a written location disclosure report to be reviewed by the director. The report must contain the following information: destination of haul, resulting useful product showing recycling use, and proof of commercial value of said product.

1. 1. 1. The report is due at or before the time of placement of any containers for recyclables collection.

1. 1. 2. All recycling containers placed must be clearly labeled “recyclables only” in large twelve-inch block letters of contrasting colors on all exterior sides.

1. 1. 3. Haulers are also responsible to explain City requirements to segregate recyclables from solid waste to their customers.

1. 1. 4. Additionally recycling haulers must file a written annual report with the director of solid waste no later than February 1st for the prior year’s recycling activities.

1. 1. 5. A copy of the Annual Recycling Survey Report as submitted to Spokane County or the department of ecology required by chapter 70.95 RCW for the immediate past year.

1. 2. "Commercial recycling hauling” for purposes of reporting requirements consists of collection and transportation of source-separated (that is, separated by the original generator) recyclable materials from a drop-off box, or from a commercial or industrial generator of recyclable materials to a processor of recyclable materials or end user of recyclable materials.

1. 1. 1. Recyclable materials must contain no solid waste (non-recyclable materials). However, adjustments to this requirement may be made by the director, granted only in writing, if the applicant can demonstrate to the director that its activities are in the best interests of the public health and safety for meeting the recycling goals set forth in the Spokane County Solid Waste Management Plan.

1. 1. 2. All recyclable materials shall be processed and marketed in such a way that they are recycled rather than disposed of as solid waste.

1. 1. 3. All persons engaged in commercial recycling shall provide documentation of the final disposition of all recyclable materials upon request by the director. These records shall be maintained for a minimum of three years.

5. Construction, Demolition and Landclearing Waste.

1. 1. Construction, demolition and landclearing wastes are defined in SMC 13.02.0109, and are a result of construction, demolition and landclearing activities, which are generated under a valid building or demolition permit issued by the City of Spokane.

1. 2. Collection and hauling for hire by private haulers is prohibited without possession of a current valid franchise issued by the City of Spokane.

1. 3. Persons who create construction, demolition and/or landclearing wastes as a result of construction, demolition or landclearing activities shall haul construction demolition and landclearing wastes to a Spokane regional health district permitted facility located within Spokane county.

1. 4. All building or demolition permitted sites must have a City of Spokane solid waste container for putrescible waste generated at the job site.

1. 5. All receipts for disposal must be available for inspection by the building inspectors, code enforcement officers or solid waste collection department staff.

1. 6. The solid waste collection department will provide hauling services for construction, demolition and landclearing wastes upon request.

1. 1. 1. The generator shall establish an account for the billing of the disposal of the materials at the permitted facility to be paid by the generator.

1. 1. 2. The City of Spokane retains all rights permitted to cities concerning the management of all solid waste as provided for under Washington State law.

1. 1. 3. Construction, demolition and landclearing wastes collected and hauled by the City of Spokane which are refused will either be returned to the generator or hauled to the Spokane waste-to-energy facility or other appropriate transfer station, at generator’s expense.

6. All records of any party engaged in activities relating to collection of solid waste or recycling as identified under this section are subject to inspection and copying by the director. Such parties shall furnish promptly such records or information as the director may require, at no cost to the City.

7. In addition to any other provision, any person in violation of applicable requirements in this section shall be subject to revocation of said party’s collection privileges.

1. 1. Except in case of danger to the public health safety, as the director may determine, or where otherwise provided, no revocation shall occur prior to thirty days' written notice by the director to the party subject to revocation, specifying the violation and providing for an opportunity to correct the same.

1. 2. If the director determines such violation is not corrected after thirty days, the director may issue an order requiring the party to show cause before the city hearing examiner why collection privileges should not be cancelled.

1. 3. Upon receipt of such order, the hearing examiner schedules a hearing and determines the issue, subject to appeal within fourteen days to city council on the record submitted, without additional testimony.

8. Upon cancellation of any collection privileges, the holder thereof shall peacefully surrender all territory, providing such information related thereto at no cost to the City, as the director may require.

1. The director of solid waste collection is vested with the duty of administering the provisions of this section. The director may prepare and require the use of such forms as deemed needed for administering the requirements of this section.

Date Passed: Monday, December 8, 2014

Effective Date: Sunday, January 25, 2015

ORD C35196 Section 9