AN ORDINANCE relating to Seattle Public Utilities; prohibiting certain recyclable materials from disposal in commercial, residential and self-haul garbage; establishing enforcement provisions; and amending the Seattle Municipal Code by creating two new sections in Chapter 21.36.and by amending section 21.36.922.

WHEREAS, the City of Seattle adopted a recycling goal of 60% in 1989; and

WHEREAS, the City has been continually introducing innovative and convenient programs for residents to recycle on a voluntary basis and sponsoring educational outreach programs to businesses; and

WHEREAS, the City achieved a level of 44% recycling of the total City waste stream in 1995; and

WHEREAS, since 1995, however, the City's recycling rate has continuously declined to a 38% level in 2001 with the greatest decline coming from commercial sector recycling; and

WHEREAS, businesses and residents continue to discard in the garbage significant quantities of recyclable paper, cardboard, glass and plastic bottles, aluminum and tin cans and yard waste for which markets are established and opportunities to recycle readily available either through City sponsored curbside and transfer station programs or private recycling services; and

WHEREAS, to reverse this downward trend in recycling rates, the City has decided to prohibit the disposal of certain recyclable materials in the garbage by businesses and residents effective January 1, 2005 with penalties to be imposed for non-compliance starting January 1, 2006; Now, Therefore,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. A new section is added to Chapter 21.36 of the Seattle Municipal Code to read as follows:

21.36.082 Commercial Recycling Required

A. Recycling Required

As of January 1, 2005, all commercial establishments, including those entities authorized to haul their own waste pursuant to SMC 21.36.030, shall separate paper, cardboard and yard waste for recycling, and no paper, cardboard or yard waste shall be deposited in garbage cans, detachable containers, drop boxes or in the garbage disposal pit at the City's Recycling and Disposal Stations after that date.

B. Enforcement

1. As of March 31, 2004, the Director of Seattle Public Utilities shall begin a program of educational outreach regarding these new recycling requirements.

2. As of January 1, 2005, the Director of Seattle Public Utilities shall establish a program of placing educational notice tags on garbage cans, detachable containers and drop boxes with significant amounts of paper, cardboard or yard waste.

3. As of January 1, 2006, civil infractions shall apply to any violation of this section pursuant to SMC Section 21.36.922.

C. Exceptions

1. Existing structures: Existing commercial structures that do not have adequate storage space for recyclable materials may be exempt from all or portions of this ordinance if so determined by the Director of Seattle Public Utilities. The Director of Seattle Public Utilities, in cases where space constraints are determined to exist, shall also evaluate the feasibility of shared recycling containers by contiguous businesses or multifamily structures.

2. New or Expanded Structures: New structures permitted in commercial zones that have demonstrated difficulty in meeting the solid waste and recyclable materials storage space specifications required under SMC Section 23.47.029 Subsections A, B, C and D may be exempt from all or portions of this ordinance as determined by the Director of Seattle Public Utilities.

Section 2. A new section is added to Chapter 21.36 of the Seattle Municipal Code to read as follows:

21.36.083 Residential Recycling Required

A. Recycling Required

As of January 1, 2005, all residents living in single-family structures, multifamily structures and mixed-use buildings, including those entities authorized to haul their own waste pursuant to SMC 21.36.030, shall separate paper, cardboard, glass and plastic bottles and jars and aluminum and tin cans for recycling, and no aper, cardboard, glass or plastic bottles and jars and aluminum or tin cans shall be deposited in a garbage can, detachable container, or drop box or in the garbage disposal pit at the City's Recycling and Disposal Stations after that date.

B. Enforcement

1. As of March 31, 2004, the Director of Seattle Public Utilities shall begin a program of educational outreach regarding these new recycling requirements.

2. As of January 1, 2005, the Director of Seattle Public Utilities shall establish a program of placing educational notice tags on garbage cans, detachable containers and drop boxes with significant amounts of paper, cardboard, glass and plastic bottles and jars and aluminum and tin cans.

3. As of January 1, 2006, residential customers that self-haul their garbage shall be prohibited from disposing of garbage with significant amounts of paper, cardboard, or glass or plastic bottles or jars or aluminum or tin cans at the City's Recycling and Disposal Stations.

4. As of January 1, 2006, any violation of this section by residential curbside or backyard customers shall result in refusal of curbside garbage collection services. Residential customers shall be required to remove these items from garbage containers before they will be collected.

5. As of January 1, 2006, any violation of this section by detachable container and drop box customers shall result in an additional collection rate of $50 per detachable or drop box collection.

C. Exceptions

3. Existing structures: Existing multifamily structures that do not have adequate storage space for recyclable materials may be exempt from all or portions of this ordinance if so determined by the Director of Seattle Public Utilities. The Director of Seattle Public Utilities, in cases where space constraints are determined to exist, shall also evaluate the feasibility of shared recycling containers by contiguous businesses or multifamily structures.

4. New or Expanded Structures: New multifamily structures permitted in commercial zones or expanded multifamily structures that have demonstrated difficulty in meeting the solid waste and recyclable materials storage space specifications required under SMC Section 23.47.029 Subsections A, B, C and D may be exempt from all or portions of this ordinance as determined by the Director of Seattle Public Utilities.

Section 3. Seattle Municipal Code Section 21.36.922 is amended to read as follows:

21.36.922 Civil infractions.

A. The violation of or failure to comply with any section of this chapter identified in this section is designated as a civil infraction and shall be processed as contemplated by RCW Chapter7.80.

B. The violation of or failure to comply with the following section shall be a civil infraction and subject as a Class 1 civil infraction under RCW 7.80.120 to a maximum monetary penalty and default amount of Two Hundred Fifty Dollars ($250.00), not including statutory assessments:

SMC Section 21.36.420 (Unlawful dumping of solid waste)

C. The violation of or failure to comply with any of the following sections shall be a civil infraction and subject as a Class 3 civil infraction under RCW 7.80.120 to a maximum monetary penalty and default amount of Fifty Dollars ($50.00), not including statutory assessments:

SMC Section 21.36.044 (Containers required - Nonresidential)

SMC Section 21.36.082 (Commercial recycling required)

SMC Section 21.36.410 (Littering)

SMC Section 21.36.425 (Accumulation of solid waste)

SMC Section 21.36.430 (Unlawful use of City litter receptacles)

SMC Section 21.36.440 (Unlawful use of solid waste container on private property)

D. For purposes of RCW 7.80.040, the "enforcement officers" authorized to enforce the provisions of the Solid Waste Code are: (1) the Director of Seattle Public Utilities; (2) authorized representatives, assistants or designees of the Director of Seattle Public Utilities; and (3) commissioned officers of the Seattle Police Department and persons issued nonuniformed special police officer commissions by the Chief of Police with authority to enforce such provisions.

E. An action for a civil infraction shall be processed in the manner contemplated by RCW Chapter 7.80.

F. The City Attorney is authorized for and on behalf of The City of Seattle to initiate legal action to enforce this chapter as deemed necessary and appropriate.

Section 4. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of _________, 2003, and signed by me in open session in authentication of its passage this _____ day of __________, 2003. _________________________________ President __________of the City Council

Approved by me this ____ day of _________, 2003. _________________________________ Gregory J. Nickels, Mayor

Filed by me this ____ day of _________, 2003. ____________________________________ City Clerk

06/27/03 (Ver. 2a)