Ordinance 16-004 Uncovered Loads CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 16-004
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, ADOPTING SPOKANE VALLEY MUNICIPAL CODE CHAPTER
7.10, RELATING TO THE TRANSPORTATION OF WASTE MATERIALS, AND
OTHER MATTERS RELATING THERETO.
WHEREAS, pursuant to Article 11, Section 11 of the Washington Constitution, the City is
authorized to "make and enforce within its limits all such local police, sanitary and other regulations as
are not in conflict with general laws;"and
WHEREAS,the City entered into an agreement with Sunshine Recyclers, Inc., dated as of June 4,
2014, to provide comprehensive solid waste transfer, transport, and disposal services for the residents of
the City; and
WHEREAS, on November 4, 2014, the City approved the Spokane Valley Solid Waste
Management Plan, effective November 17, 2014, that designates the Sunshine Transfer and Disposal
Station as the City's designated disposal system, open to use by all City residents and the solid waste
collection companies collecting solid waste within the City; and
WHEREAS, pursuant to RCW 70.93.097, a city having a manned waste transfer station is
required to adopt an ordinance making it unlawful to transport waste materials on public rights-of-way
unless those materials are covered or otherwise secured to prevent spillage from the vehicle; and
WHEREAS, the City has determined that RCW 70.93.097 requires that the City adopt provisions
addressing the transportation of waste materials; and
WHEREAS, the City Council hereby determines that adoption and implementation of Chapter
7.10 Spokane Valley Municipal Code is in the best interest of the public health, safety, welfare and
environment for the City and its residents.
NOW,THEREFORE,the City Council of the City of Spokane Valley ordains as follows:
Section 1. Adoption of New Code Provision. A new Chapter 7.10 to the Spokane Valley
Municipal Code is hereby adopted as follows:
SVMC 7.10—TRANSPORTATION OF WASTE MATERIALS
7.10.010 Transportation of waste. Pursuant to RCW 70.93.097, as now adopted or subsequently
amended, it is unlawful for any person to operate any vehicle or combination of vehicles which is
transporting waste materials upon the public rights-of-way of the City unless the waste material being
transported is covered or otherwise secured to prevent the waste materials from escaping from the vehicle,
except pursuant to SVMC 7.10.020.
7.10.020 Exemption. A vehicle which is transporting uncovered waste materials as prohibited pursuant
to SVMC 7.10.010 shall be exempt from any monetary penalty if that waste is otherwise secured or is
unlikely to spill from the vehicle. Pursuant to RCW 70.93.097, as now adopted or subsequently amended,
a vehicle transporting sand, dirt, or gravel in compliance with the provisions of RCW 46.61.655 shall not
be required to secure or cover a load.
7.10.030 Additional fee for uncovered load at transfer station. The City shall impose and charge a fee
to any vehicle arriving at any City owned, operated, or contracted transfer station with an uncovered or
Ordinance 16-004,Transport of Waste Materials Page 1 of 2
unsecured load of waste material in violation of chapter 7.10 SVMC, which shall be in addition to any
regular fees associated with dumping waste materials at the transfer station, at such time and in such
amounts as the Council may hereafter determine necessary pursuant to an adopted fee schedule.
7.10.040 Transportation of biomedical or hazardous waste. It is unlawful for any person to transport
biomedical or hazardous waste in such a fashion that said waste endangers or is likely to endanger any
person or property.
7.10.050 Violator liable for all cleanup costs. Any person or company responsible for a violation of
chapter 7.10 SVMC shall be responsible for the cleanup and removal of any waste materials on public or
private property. Failure to remove such waste materials within a time period specified by the City may
result in the City undertaking the removal for the protection of the public health, safety, and welfare. In
that event, the person(s) or company(s) responsible for the deposit of the waste materials shall be
responsible for all actual costs of abatement and all expenses incurred in attempting to collect the
abatement costs.
7.10.060 Penalties.
A. Any person found in violation of SVMC 7.10.010 shall be found to have committed a class 3
civil infraction, and shall be subject to the monetary penalties set forth in RCW 7.80.120, as
adopted or subsequently amended, and any applicable statutory assessments.
B. Any person found in violation of SVMC 7.10.040 shall be found to have committed a
misdemeanor, and shall be subject to the penalties set forth in SVMC 1.10.010(A), as adopted or
subsequently amended.
Section 2. Ratification. Any act consistent with the authority set forth herein and prior to
the effective date of this Ordinance is hereby ratified and affirmed.
Section 3. Severability. If any section, sentence, clause or phrase of this Ordinance shall be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause,
or phrase of this Ordinance.
Section 4. Effective Date. This Ordinance shall be in full force and effect five days after
publication of this Ordinance or summary thereof in the official newspaper of the City of Spokane Valley
as provided by law.
Passed by the City Council this 26t1 day of April, 2016
ATTES L.R. Higgins; yo-----/
hristine Bainbridge, City Clerk
Approved .. .. For : Date of Publication: r`, -/-
Effective Date: 3—//—/
Offi f the �,iAttorney
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