Division I. Health and Sanitation
Chapter 8.05
COLLECTION OF SOLID WASTE
Sections:
8.05.040 Residential solid waste collection contractor.
8.05.050 Residential solid waste collection requirements.
8.05.060 Prohibition on charging service termination fees.
8.05.070 Spilling of solid waste during transport.
8.05.090 Permitted days and hours of collection.
8.05.100 Authority to promulgate rules and regulations.
8.05.120 Enforcement and penalties.
8.05.130 Solid waste collector permit fee.
8.05.140 Proceeds from the solid waste collector permit fee.
8.05.150 Permit violation fee.
8.05.010 Purpose.
The purpose of this chapter and the regulations contained herein is to regulate the collection of residential solid waste to: (A) promote the public health, safety and general welfare of the town and its citizens; (B) avert and mitigate any detrimental effects associated with the accumulation of trash, illegal dumping, insufficient solid waste collection receptacles, substandard collection vehicles and/or equipment. [Ord. 2025-179 § 1 (Exh. A).]
8.05.020 Jurisdiction.
Pursuant to A.R.S. 49-704 and 49-765, the town manager or designee is authorized to implement and enforce the provisions of this chapter. [Ord. 2025-179 § 1 (Exh. A).]
8.05.030 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
“Bulk waste” shall mean large items such as brush, furniture, appliances, mattresses, carpet, and other items too large to place in collection receptacles. Prohibited items include construction, demolition, or renovation waste, treated wood, fence panels, dead animals, unacceptable waste, tires, and automotive parts.
“Clearly and conspicuously disclosed” means a required disclosure that is difficult to miss, easily noticeable and easily understandable whether in writing, visually or orally.
“Collection” means the scheduled pickup of solid waste, recyclables, and bulk waste.
“Collection receptacle” means a 96-gallon or 64-gallon solid waste or recycling receptacle.
“Collection services” means curbside pickup of solid waste, recyclable materials, and bulk waste.
“Commercial solid waste collector” means a legal entity that collects solid waste from noncovered residences (five or more multifamily units) or from commercial, office, or industrial customers.
“Contaminant” means something that contaminates, spoils, pollutes or makes it unclean and unfit for use.
“Contractor” means a legal entity that collects solid waste pursuant to an award of a contract by the town.
“Covered residences” refers to any residential property or properties that are located within the Sahuarita town limits including single-family, duplexes, triplexes and fourplexes as interpreted by the zoning administrator.
“Garbage” means every accumulation of animal, vegetable or other matter that: (1) results from the preparation and consumption of edible food; (2) results from the decay or storage of meats, fish, fowl, or vegetables, inclusive of the cans, containers or wrappers of such materials; and (3) any waste material for which there is not currently a feasible collection system available.
“Hazardous waste” means any discarded material hazardous by reason of its pathological, explosive, flammable, radiological, corrosive, reactive or toxic nature, and any material that can cause damage or injury to property or persons to include, but not limited to: any chemical, compound, mixture, substance, product or other material which is a hazardous waste pursuant to A.R.S. 49-921.5, as may be amended from time to time, and as identified by the U.S. Environmental Protection Agency.
“Notice” means a written instrument served by the town which indicates the process to be followed in order to comply with this chapter.
“Person” means any individual, firm, corporation, association or group or any combination thereof acting as a unit.
“Public works director” means the head of the town’s public works department or designee thereof.
“Recyclable material or recyclables” means any solid waste separated from other solid waste for the purpose of being recycled which might include, but is not limited to, newsprint, printed material, pasteboard, paper and beverage containers, wood, metals, plastics, glass, cardboard and paper. Contractor shall provide a list of acceptable items for recycling collection which may be subject to change due to market conditions.
“Recycling” shall mean a process by which materials that have served their intended use or are scrapped, discarded, used, surplus, or obsolete are collected, separated, or processed and returned to use in the form of raw materials in the production of new products.
“Residential solid waste” means any garbage, trash, refuse, including solid, liquid, semi-solid liquid, or semi-solid or contained gaseous material, and any recyclable material collected from any structure or premises used as a domicile, dwelling or habitation, including single-family, duplexes, triplexes and fourplexes.
“Responsible party” means any person, owner, occupant, lessor, lessee, manager, licensee, tenant, inhabitant or other person having care and control over a structure or parcel of land that generates solid waste or recycling material.
“Solid waste” means any accumulation of putrescible and nonputrescible, solid and semi-solid material to include trash, refuse, litter or garbage.
“Solid waste generator” means property owner, occupant, lessor, lessee, manager, responsible party, or tenant that generate solid waste, as defined in this chapter, on the premises of the property.
“Tagging” means placement of a tag or label on receptacles with details of violation.
“Unacceptable waste” means:
1. Hazardous waste;
2. Radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous or toxic waste as defined by applicable law; or
3. Any otherwise regulated waste.
“White goods” means discarded appliances including refrigerators, freezers, oven ranges, water heaters, dishwashers, washers, dryers, trash compactors, window unit air conditioners, evaporative coolers, water softeners and other similar large residential appliances.
“Yard waste” means organic yard waste from maintenance activities including but not limited to brush, grass and vegetation clippings, weeds, twigs, leaves, limbs, branches, stumps, trunks from trees, and palm fronds. [Ord. 2025-179 § 1 (Exh. A).]
8.05.040 Residential solid waste collection contractor.
The contractor that is awarded a contract by the town council shall have exclusive authority to collect residential solid waste within the town limits provided it complies with the provisions of this chapter, the town contract, request for proposals, and other applicable town regulations, including, but not limited to, possessing a current valid town business license and current valid sales tax license and paying all applicable transaction privilege taxes pursuant to Chapter 3.05 STC. [Ord. 2025-179 § 1 (Exh. A).]
8.05.050 Residential solid waste collection requirements.
A. Effective September 1, 2025, covered residences are required to subscribe to a weekly solid waste collection service provided through a contract with a contractor as awarded by the town council and the residents thereon shall pay the cost of such collection services to the contractor. Failure to subscribe shall be addressed pursuant to STC 8.05.160.
B. Upon determination of eligibility by the town manager or designee, subsection A of this section shall not apply to homes where a homeowner association (“HOA”) has a contract in place that was entered into prior to the effective date of the contract awarded by the town council for collection of residential solid waste. If deemed eligible, the date upon which subsection A of this section will become effective for each such home shall be the date of expiration for the HOA contract. To be eligible for delayed weekly collection service the HOA must provide a fully executed and valid copy of the contract to the town manager or designee. Any exemption granted in accordance with this subsection shall end on the expiration date of the then-current contract term prior to any extension or renewal terms.
C. Upon determination of eligibility by the town manager or designee, subsection A of this section shall not apply to qualifying covered residences on properties of two acres or more that apply to the town manager for an exemption. To qualify for an exemption, the responsible party must provide a fully executed and valid copy of a commercial solid waste collection contract to provide service to the covered residence. The responsible party shall be required to maintain a valid commercial solid waste collection contract at all times to maintain continued eligibility for the exemption in this subsection, and to provide a copy of such contract to the town upon request. If a responsible party decides not to maintain a commercial solid waste collection contract for the covered residence at a future date, the responsible party shall be required to subscribe to the town designated weekly residential collection service in accordance with subsection A of this section. [Ord. 2025-179 § 1 (Exh. A).]
8.05.060 Prohibition on charging service termination fees.
A. Findings.
1. The United States Federal Trade Commission (“FTC”) has found that unfair or deceptive pricing practices involving bait-and-switch pricing and misleading fees or charges are prevalent throughout the economy and affect, or have the potential to affect, virtually every purchasing transaction a consumer undertakes, including decisions about basic goods or services; where to live, dine, stay, or travel; and what events to attend.
2. The FTC has also found that businesses cannot hide or misrepresent the true cost of a good or service or mislead consumers about the nature, purpose, amount, or refundability of fees or charges and as such identifying and targeting pricing tactics that hide the true price of a service serves a public purpose and is in the best interest of the consumer.
3. Consumers have the right to clear and comprehensive information about the terms and conditions of any service they purchase. This principle is enshrined in consumer protection laws across many jurisdictions. By ensuring that all fees, including termination fees, are expressly disclosed at the outset, service providers can uphold these rights and foster a more equitable marketplace.
B. Charging Service Termination Fees Not Permitted. It shall be a violation of this chapter for any person providing residential collection services to charge a service termination fee, however denominated, including but not limited to bin collection fees, service transfer fees, or document fees for the termination of residential collection services resulting from the town awarding a contract pursuant to STC 8.05.040 unless such termination fee was clearly and conspicuously disclosed at the time the residential collections services customer retained the services of the residential collections service provider, or is set forth in a written agreement or contract signed by the customer at the time the residential collections services customer retained the services of the residential collections service provider. [Ord. 2025-179 § 1 (Exh. A).]
8.05.070 Spilling of solid waste during transport.
A. It is unlawful for any person to haul, or cause to be hauled, on or along any public street, right-of-way or alley in the town, any solid waste or recyclables unless such material is contained in the vehicle or receptacle in a manner that prevents the contents from falling out, leaking or spilling, and prevents obnoxious odor from escaping. If any solid waste or recyclables fall out, leak or spill, such hauler shall immediately clean up the refuse, recyclables or liquid.
B. Failure to properly secure a load and any covering of the load to prevent the covering or load from becoming loose, detached or in any manner a hazard to other users of the roadway could result in a violation of A.R.S. 28-1098 or applicable town codes which may be amended from time to time. [Ord. 2025-179 § 1 (Exh. A).]
8.05.080 Hazardous waste.
No person shall deposit or cause to be deposited in any collection receptacle dangerous or hazardous waste that may damage the collection equipment or be a threat to the health, safety and welfare of the collection employees or general public. [Ord. 2025-179 § 1 (Exh. A).]
8.05.090 Permitted days and hours of collection.
Residential solid waste shall be collected at a minimum once per week, but no more than twice per week. Recycling shall be collected no more than once a week. The contractor may collect recyclable materials from the same customer on the same day as residential solid waste. Collection may take place between the days of Monday through Thursday. Where such collection day(s) falls on a federal or state holiday, the contractor shall communicate to customers the changes in the scheduled pickup due to a holiday as waste must still be collected that week. In the event of changes in the scheduled pickup due to inclement weather-related events the contractor shall also communicate to customers the changes in the scheduled pickup. [Ord. 2025-179 § 1 (Exh. A).]
8.05.100 Authority to promulgate rules and regulations.
The town council is authorized to promulgate rules and regulations necessary to implement and interpret this chapter. The town manager is authorized to adopt additional administrative regulations for the internal management and operation of this chapter. Any person who violates or fails to comply with the rules and regulations adopted by the town council may be punished by a civil fine in accordance with STC 8.05.110; provided, that the rule or regulation shall be adopted by resolution of the town council. Every day of any violation of a duly adopted rule or regulation shall constitute a separate offense. [Ord. 2025-179 § 1 (Exh. A).]
8.05.110 Inspections.
A. The town manager or designee may conduct inspections in response to reports of violations of this chapter, within the daily duties of their job requirements, or with reasonable cause that a violation has occurred or is occurring. The town shall seek voluntary compliance prior to issuing a notice of violation. Voluntary compliance may be sought by notifying a responsible party stating the violation by tagging a collection receptacle, or by personal delivery, or by first class U.S. mail.
B. For the purpose of investigation of violation(s), enforcement officer(s) or town representatives may inspect private residential property only with the responsible party’s consent. In the event that access is denied or cannot be reasonably obtained, private residential property can only be entered with a court-ordered warrant. [Ord. 2025-179 § 1 (Exh. A).]
8.05.120 Enforcement and penalties.
A. The town shall notify each responsible party of the subscription requirements, to include all fee plans and options. The notice shall be in writing sent by first class U.S. mail. Once subscription is secured, contractor shall provide waste and recycling services.
B. Failure of a responsible party to subscribe to residential solid waste collection services shall be pursued by the town by way of certified mail/return receipt requested and first-class U.S. mail to the responsible party and notification shall be made to the town manager or designee on a quarterly basis.
C. Failure of a responsible party to comply with this or any other provisions of this chapter may be issued a notice of violation by certified mail/return receipt requested and first-class U.S. mail by the town containing the following information:
1. Identification of property in violation.
2. Detailed statement of violation in reference to article provisions.
3. Date violation occurred.
4. Business contact information of the citing officer or official.
5. The action required to come into compliance.
6. Time period to come into compliance and re-inspection date (minimum grace period of 14 calendar days).
7. Consequences for continued noncompliance.
D. Should the responsible party fail to comply, the town manager or designee may direct compliance as per subsection F of this section.
E. Civil citations may be pursued only after the notice set forth in subsection C of this section has been refused, ignored, or full compliance has failed.
F. The following process shall be followed to gain compliance with this chapter:
1. If the responsible party fails to comply with a notice of violation, a civil/criminal action to enforce the provision of this chapter may be commenced and a summons shall be issued in accordance with the procedures set forth in Arizona Revised Statutes and applicable town ordinances. Jurisdiction of proceedings in this chapter shall be in the municipal court of the town.
2. The town manager or designee shall be responsible for filing civil and criminal citations with the municipal court with the following minimum penalties:
a. First offense during a 24-consecutive-month period: civil penalty of $350.00;
b. Second offense during the same 24-consecutive-month period: civil penalty of $600.00.
3. The 24-consecutive-month period shall be calculated from when the first violation is committed. The responsible party shall receive the progressively higher civil penalties noted in subsection (F)(2) of this section. In no event shall the court reduce the minimum dollar penalties referenced above.
4. The owner of record, as reflected in the Pima County recorder’s office, may be presumed to be a person having lawful control over the building, structure or parcel of land that is the subject of the violation. If more than one person is recorded as the owner of the property, the persons may be jointly and severally presumed to be the persons having lawful control over the building, structure or parcel of land.
G. Civil Hearing Procedure. A person lawfully served with a civil citation or complaint shall appear at the time and place stated in the citation or summons or may appear prior to the time and admit or deny the allegations of the complaint. Allegations not denied at the time of appearance are deemed admitted. If the allegations are admitted, the court shall enter judgment for the town and impose the minimum dollar sanction as noted above. If the defendant denies the allegations, the court shall set the matter for hearing/trial. Civil hearings are to be held informally and held without a jury, and the town is required to prove the allegations by a preponderance of the evidence. Technical rules of evidence do not apply, except for statutory provisions related to privileged communications. If the defendant elects to be represented by counsel, the defendant shall notify the court at least 10 court days prior to the hearing date. If the court finds in favor of the defendant, the court shall enter an order dismissing the citation or complaint. If the court finds in favor of the town, the court shall enter judgment for the town and impose the minimum civil penalties and criminal fines referenced above and other appropriate terms/conditions.
H. Appeal of Civil Court Hearing/Trial. Any party may appeal the judgment of the municipal court to the superior court under A.R.S. 12-124. Appeals from civil proceedings shall be in accordance with the Superior Court Rules of Appellate Procedure – Civil. [Ord. 2025-179 § 1 (Exh. A).]
8.05.130 Solid waste collector permit fee.
The town manager or his or her designee shall administer and enforce a permit program for all commercial solid waste collectors as defined in this chapter.
A. Commercial solid waste collectors who own or operate four or fewer total solid waste collection vehicles in the town of Sahuarita are exempt from the per-vehicle fee established by this chapter and shall only be required to pay the permit application fee. [Ord. 2025-179 § 1 (Exh. A); Ord. 2021-157 § 1 (Exh. A). Formerly 8.05.030.]
8.05.140 Proceeds from the solid waste collector permit fee.
Proceeds from the permits shall be used to administer, enforce and collect litter in the town. Permits for collection of refuse from business or residential establishments within the town shall be issued by the town under the following conditions:
A. The commercial solid waste collector must submit to the town an application, on a form provided by the town, together with a permit application fee as set by a fee schedule adopted from time to time by the town. In addition, the commercial solid waste collector shall pay an annual per-vehicle permit fee as set by a fee schedule adopted from time to time by the town used in the collection of refuse within the town. If any commercial solid waste collector with a current, valid permit is found to be collecting refuse within the town with a nonpermitted vehicle, the town may suspend or revoke said permit until such time as all required fees for each nonpermitted vehicle are received by the town.
B. The commercial solid waste collector’s permit application, as provided by the town, shall include proof that the applicant has obtained all insurance required by state law.
C. Permits shall be issued for one year commencing January 1st and ending December 31st. Requests for renewal shall be made at least 30 days prior to expiration of the current permit. Applicable fees may be prorated monthly on permits issued during the calendar year.
D. Each permitted vehicle operating within the town shall display a decal, provided by the town, clearly visible on the driver’s side of the vehicle. [Ord. 2025-179 § 1 (Exh. A); Ord. 2021-157 § 1 (Exh. A). Formerly 8.05.040.]
8.05.150 Permit violation fee.
The failure of a commercial solid waste collector to abide by the stated requirements within this chapter may result in a permit violation fee of double the amount of original permit fee as set by a fee schedule adopted from time to time by the town. [Ord. 2025-179 § 1 (Exh. A); Ord. 2021-157 § 1 (Exh. A). Formerly 8.05.050.]