Chapter 8.20
GARBAGE COLLECTION AND DISPOSAL*

Sections:

8.20.010    Definitions.

8.20.020    Sanitation fund established – Purpose – Source of moneys.

8.20.025    Landfill fund and closure accounts established – Purpose – Source of moneys.

8.20.030    Collection and disposal service – Use required – Exceptions.

8.20.040    Administration and enforcement authority.

8.20.050    Collection service – Franchises, contracts, or permits required.

8.20.060    Container requirements.

8.20.070    Garbage and refuse – Deposit in public places prohibited when.

8.20.080    Garbage – Draining, wrapping and sanitary conditions required.

8.20.090    Garbage – Permitted in sewage system when.

8.20.110    Bulk refuse requirements.

8.20.120    Garbage and rubbish – Burning prohibited – Exceptions.

8.20.130    Burying prohibited where.

8.20.140    Disposal of dead animals.

8.20.150    Refuse – Unacceptable materials designated.

8.20.160    Collection service – Scheduling – Private collection.

8.20.170    Refuse – Special pickup provisions – Costs.

8.20.180    Collection service – Commercial establishments – Minimum charge.

8.20.190    Collection service – Vacancy credits.

8.20.195    Solid waste collection and disposal charges.

8.20.196    Fees schedule – Recycling collection and disposal systems.

8.20.197    Service – Discounts for certain low income senior or disabled citizens.

8.20.198    Yard waste collection and disposal charges.

8.20.199    Recycling collection and disposal systems.

8.20.200    Collection of charges.

8.20.210    Collection service – Suspension for nonpayment – Effect.

8.20.220    Collection service – Temporary suspension for commercial accounts.

8.20.230    Enforcement of provisions – Inspection authorized when – Abatement of nuisances.

8.20.260    Emergencies – Summary abatement authority.

8.20.270    Solid waste collection – Equipment regulations.

8.20.280    Landfill disposal area regulations – Entry unlawful when.

8.20.285    Unlawful to deposit waste except in own container.

8.20.287    Adoption of state law – Unlawful to dump or deposit solid waste without permit – Disposal of vehicles tires outside designated area prohibited.

8.20.300    Violations – Penalty.

*    For statutory provisions regarding city collection and disposal systems, see RCW 35.21.120; for provisions authorizing cities to acquire and operate garbage systems, see RCW 35.92.020; for provisions regarding code city garbage ordinances, see RCW 35A.21.060.

8.20.010 Definitions.

As used in this chapter:

A. “Ashes” means the residue from the burning of wood, coal, coke, and other combustible material.

B. “Biomedical waste” means medical, infectious or related wastes defined and described in Chapter 70.95K RCW.

C. “Bulk refuse” means large items of refuse such as appliances, furniture, large auto parts, trees and branches, palm fronds, stumps, flotage, etc. The collection of bulk refuse shall be by special charge.

D. “Carry out service” for residential customers only will entitle the customer to have one or more furnished solid waste containers picked up and rolled out by the collector one or more times each week from any accessible place, not to exceed one hundred feet in distance from any curb or behind any gate or confined place.

E. “City” means city of Walla Walla or its duly authorized representative.

F. “Collection” means the act of picking up solid waste at a residence, business, industrial, or other site and putting it in a vehicle or container designed or used primarily for the transport of solid waste.

G. “Director of public works” means the director of public works for the city and his or her authorized supervisors.

H. “Garbage” means animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods. It does not include food wastes from industrial processing.

I. “Green waste container” means the container provided by the city of Walla Walla for holding yard waste for purposes of regular green waste container collection service.

J. “Multiple-dwelling unit” means a multiple-dwelling unit as defined in Title 20 which contains nine or less units.

K. “Municipal yard waste” refers to yard waste collected by the city of Walla Walla sanitation division or other regulated solid waste companies which possess an applicable tariff from the Washington Utilities and Transportation Commission.

L. “Person” means any person, firm, association, institution, public or private corporation, political subdivision, government agency, municipality, industry, individual, partnership, copartnership, or other entity whatsoever. The term shall also mean the occupant and the owner of the premises for which service is rendered.

M. “Private carrier” means a person who, in his or her own vehicle, transports his or her own solid waste or transports solid waste purely as an incidental adjunct to some other established private business owned or operated by him or her in good faith; provided, that a person who transports solid waste from residential sources in a vehicle designed or used primarily for the transport of solid waste shall not constitute a private carrier.

N. “Recyclable materials” means those solid wastes that are separated for recycling or reuse, such as papers, metals, plastics, and glass, that are identified as recyclable materials pursuant to the applicable local comprehensive solid waste management plan.

O. “Recycling” means transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill disposal or incineration.

P. “Refuse” means all solid waste of the community and semiliquid or wet waste with insufficient liquid content to be free-flowing.

Q. “Resource recovery” is a general term used to describe the extraction of economically usable materials or energy from waste materials.

The concept may involve recycling or conversion into different and sometimes unrelated uses. Possibilities include: conversion, mainly energy recovery by using waste for heat and fuel values; transformation, chemical processes which create new byproducts; re-use (e.g., returnable bottles); and recycling (e.g., “glasphalt,” a glass-based highway paving material).

R. “Retail” means homeowners, landscapers or others purchasing small quantities of compost that do not possess a resellers permit.

S. “Rubbish” means nonbulky domestic and commercial solid waste exclusive of garbage.

T. “Sanitation service charge” means a charge imposed by the city council by resolution or ordinance for the services performed by contract or by the department of public works or a charge imposed through a franchise granted by the city council.

U. “Solid waste” means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, abandoned vehicles or parts thereof, ashes, bulk refuse, demolition and construction wastes, garbage, industrial wastes, recyclable materials, refuse, rubbish, swill, sewage sludge, and yard debris.

V. “Solid waste assistance” means any charge imposed at the landfill for services provided to customers beyond that normally expected for assisting with standard services.

W. “Solid waste collection company” means every person or his or her lessees, receivers, or trustees, owning, controlling, operating or managing vehicles used in the business of transporting solid waste for collection and/or disposal for compensation, except septic tank pumpers.

X. “Solid waste handling” means the management, storage, collection, transportation, treatment, utilization, processing, and final disposal of solid wastes, including the recovery and recycling of materials from solid wastes, the recovery of energy resources from solid wastes or the conversion of the energy in solid wastes to more useful forms or combinations thereof.

Y. “Wholesale” means customers with a current and valid reseller permit on file with the city of Walla Walla.

Z. “Yard debris” (also referred to as “yard waste” or “yard green waste”) means plant material commonly created in the course of maintaining yards and gardens, and through horticulture, gardening, landscaping, or similar activities. Yard debris includes but is not limited to grass clippings, leaves, branches, brush, weeds, flowers, roots, windfall fruit, vegetable garden debris, holiday trees, and tree prunings four inches or less in diameter. This green waste is disposed of in city green waste collection containers.

AA. Additional Terms. Words, terms, or expressions peculiar to the collection and disposal of solid waste not hereinbefore defined shall have the respective meanings given in Chapter 70.95 RCW as amended or Appendix B, Glossary, contained in Handbook of Solid Waste Management, Van Nostrand Reinhold Publishing Company, 1977, or latest revision. (Ord. 2017-51 § 1, 2017: Ord. 2013-02 § 1, 2013: Ord. 2007-22 § 1, 2007: Ord. 2007-11 § 1, 2007: Ord. 2006-05 § 1, 2006: Ord. 93-A-8 § 1; Ord. A-3638 § 1, 1990; Ord. A-3387 § 2, 1985: prior code §§ 7.04.010 – 7.04.170).

8.20.020 Sanitation fund established – Purpose – Source of moneys.

The city council is authorized to make funds available by appropriation, borrowing, or by other means in accordance with the laws of the state, for the construction, leasing, condemning, purchasing, acquiring, adding to, altering, and extending of systems, plants, sites or other facilities for solid waste handling and the maintenance and operation thereof. All sums collected by the city under this chapter for solid waste collection services shall be deposited and kept in a fund to be known as the “sanitation fund,” and from which fund all expenses of the administration, maintenance, and operation of the sanitation division or provision of collection services shall be paid. (Ord. 2007-22 § 2, 2007: Ord. 2006-05 § 2, 2006: prior code § 7.04.200).

8.20.025 Landfill fund and closure accounts established – Purpose – Source of moneys.

All sums collected under this chapter for disposal of solid waste at the city’s sanitary landfill shall be deposited and kept in a fund to be known as the “landfill fund,” and from which fund all expenses of the administration, maintenance, and operation of the landfill division or provision of disposal systems, plants, sites, facilities, and services related to the final treatment, utilization, processing, or deposit of solid wastes shall be paid. Unless otherwise directed by the city council, a sufficient portion of the landfill receipts shall be allocated at least quarterly to landfill closure accounts established for the purposes of covering the costs of closing the landfill, and such allocations shall be reported to council and cannot be reallocated to other accounts without council approval. (Ord. 2007-22 § 3, 2007: Ord. 2006-11 § 3, 2006).

8.20.030 Collection and disposal service – Use required – Exceptions.

No person within the city shall be permitted to refuse to accept solid waste collection or disposal service unless excepted by special permission of the city council, and the failure of such person to use solid waste handling systems established by the city shall not exempt him or her from the payment of the regular charges established for that service. Owners and occupants of residential premises within the city are required to use recyclable materials collection and disposal systems established by the city unless excepted by special permission of the city council, and the failure of such person or persons to use such systems shall not exempt him or her from the payment of regular charges established for such systems. Nothing in this section shall be construed as prohibiting a commercial or industrial generator of commercial recyclable materials from selling, conveying, or arranging for transportation of such material to a recycler for reuse or reclamation. (Ord. 2007-22 § 4, 2007: Ord. 2007-17 § 1, 2007: Ord. 97-4 § 1, 1997: prior code § 7.04.180).

8.20.040 Administration and enforcement authority.

The regulation of solid waste handling in the city shall be under the supervision of the city manager; provided, however, that the city manager may delegate the duty of enforcing the provisions of this chapter to the director of public works who shall prepare and publish reasonable regulations concerning the days of collection of solid waste, location of waste containers, and any other regulations pertaining to the collection and disposal of waste as he or she may deem advisable, subject to the approval of the city manager; and provided, that such regulations are not contrary to this chapter. (Ord. 2007-22 § 5, 2007: prior code § 7.04.190).

8.20.050 Collection service – Franchises, contracts or permits required.

A. It is unlawful for anyone except the city sanitation division to collect solid waste within the city for compensation without either a franchise or contract granted by the city council or the temporary approval and authorization of the city manager.

B. Every person desiring to engage in the collection and/or disposal of solid waste on a regular basis who is not acting as an agent for the city, a franchisee of the city, or under a contract with the city shall make written application to the city manager setting forth the name of such person, the resident address thereof or address of the place of business, a description of the equipment to be used in the collection and/or disposal of such solid waste, the place of disposal, and the method of disposal to be practiced. On approval of such application, the city manager shall cause a temporary permit to be issued to the applicant. The permit fee shall be in an amount set forth in the city’s rate ordinance(s) or as otherwise established by the city manager if not set forth in such ordinance(s), payable in advance to the city. Such temporary permit may be issued for a period not exceeding one year.

C. Any person whose application for a temporary permit has been denied or whose permit has been revoked by the city manager may request and shall be granted a hearing before the city council.

D. Nothing in this section shall prevent a recycling company or nonprofit entity from collecting and transporting recyclable materials from a buy-back center, drop-box, or from a commercial or industrial generator of recyclable materials, or upon agreement with an authorized solid waste collection company or the city.

E. Nothing in this section shall prevent a private carrier from transporting his or her own solid waste or transporting solid waste purely as an incidental adjunct to some other established private business owned or operated by him or her in good faith.

F. Nothing in this section shall prevent a regulated solid waste company which possesses a statewide medical waste tariff from the Washington Utilities and Transportation Commission, from providing services for the collection of and/or disposal of dangerous waste pharmaceuticals. (Ord. 2017-51 § 2, 2017: Ord. 2016-30 § 1, 2016: Ord. 2007-22 § 6, 2007: Ord. 2006-11 § 4, 2006: prior code § 7.04.210).

8.20.060 Container requirements.

A. Required. It shall be the duty of every person in possession, charge or control of any single dwelling, multiple dwelling, or commercial establishment where refuse is created or accumulated, at all times to keep or cause to be kept portable containers as defined in this chapter and to deposit or cause to be deposited said refuse therein.

B. Household Waste Containers. For residential buildings, household waste containers shall be only of the size and type approved and furnished by the city director of public works for use with its mechanical refuse collection system.

C. Location. No containers shall be kept or stored within the confines of any street or public alley in the residential district without express prior approval from the city. In blocks in which there are alleys, and the city provides collection service for that alley, containers shall be kept on private property in a convenient and accessible location adjacent to such alley. In blocks where there are no alleys, or where alley collection is not provided, such containers shall be kept on private property without interfering with the reasonable enjoyment of such private property or adjoining property, providing such containers shall be placed in a readily accessible location to the traveled roadway of the street near the curb or roadway for collection only on the day that the refuse is normally collected; provided, however, that where the city public works director determines that it is beneficial to both the city and the property owner, and where it can be allowed without interfering with the reasonable enjoyment of such private property or adjoining property, the director may permit the property owner to keep or store such containers within the confines of any street or public alley.

Mobile home parks shall be required to provide central storage areas throughout the mobile home parks for the location of refuse containers; provided, that no individual mobile home owner shall be required to walk more than one hundred fifty feet any direction from their mobile home to deposit for pickup their waste in the containers.

The city reserves the right at any time to change collection points and times.

D. Special Containers. Suitable containers may, with the approval of the director of public works, be used by hotels, restaurants, boardinghouses, department stores, schools, hospitals and any other establishment which disposes of refuse in such an amount that the containers defined in this chapter would be less practical, inconvenient or inefficient. The approval for the use of special containers shall be issued by the director of public works.

E. Deteriorated Containers. Containers that have deteriorated to the extent of being hazardous to the collectors in handling such containers, or to the extent that lids will not fit tightly or securely or are so badly damaged and bent that they will not allow free discharge of the refuse or do not meet the general specifications of this chapter must be replaced.

F. Nonconforming Containers. Containers that do not meet the specifications as outlined in this chapter must be replaced. Such nonconforming or defective containers shall be removed from service after prior notice of ten days to the occupant by the director of public works, and may be hauled away upon request.

G. Prohibited Materials. No rocks, dirt, manure, animal droppings, human excrement or hazardous waste as defined by Chapter 173-303 WAC are to be placed in refuse containers. No biomedical wastes shall be placed in refuse containers. Biomedical wastes shall be packaged and/or placed in containers meeting state and federal standards for biomedical wastes. (Ord. 2006-05 § 5, 2006: Ord. 93-A-8 § 2; Ord. A-3638 § 2, 1990; Ord. A-2932 § 1(part), 1977; prior code § 7.04.220).

8.20.070 Garbage and refuse – Deposit in public places prohibited when.

It is unlawful for any person to deposit or cause to be deposited, dump, scatter, or leave any rubbish, stones, earth, ashes, cinders, hay, manure, filth, paper, dirt, grass cuttings, leaves, twigs, boughs, shrubs, construction waste, or other offensive or nauseous material in the public street gutter, alley, sidewalk, parking, creek, stream, or upon any public property of any nature, nor upon any vacant private property except where certain of these materials are used for improving property by grading or fertilizing. This restriction shall not apply during the annual autumn leaf pickup when residents shall be privileged to place leaves in piles in the gutters of the streets on the designated days for such collection. (Prior code § 7.04.240(A)).

8.20.080 Garbage – Draining, wrapping and sanitary conditions required.

All garbage, except swill, shall be drained of liquids and wrapped in paper or other material before being deposited in the container. The city may refuse to collect undrained garbage of a liquid or semiliquid state, unwrapped and improperly placed. The owner or person in charge of the place where refuse containers are located shall maintain the place in a clean and sanitary condition. The containers desirably should be placed on a platform and/or secured so as to render the same inaccessible to marauding animals. (Prior code § 7.04.240(G)).

8.20.090 Garbage – Permitted in sewage system when.

Ordinary organic residential garbage may enter the city sewage system if it is first shredded into tiny particles by use of an approved mechanical garbage grinder (a.k.a. household garbage disposal). (Ord. 2006-05 § 6, 2006: prior code § 7.04.240(D)).

8.20.110 Bulk refuse requirements.

All bulk refuse accumulated in residential, commercial or manufacturing buildings, such as cardboard containers, wooden crates and similar rubbish, shall be flattened to a size not to exceed three feet by four feet. (Prior code § 7.04.240(C)).

8.20.120 Garbage and rubbish – Burning prohibited – Exceptions.

It is unlawful for any person to burn any material herein defined, in the city limits, except in an incinerator approved by the director of public works. Special permits for burning may be issued by the director of public works with the concurrent approval of the fire chief. (Ord. 2017-51 § 4, 2017: prior code § 7.04.240(B)).

8.20.130 Burying prohibited where.

It is unlawful to bury solid waste in any place in the city other than such areas as are defined by the department of public works as sanitary landfill sites. (Ord. 2007-22 § 8, 2007: prior code § 7.04.240(D)).

8.20.140 Disposal of dead animals.

Dead dogs and cats and other animals upon the public ways will be collected and disposed of upon call to the department of public works at no extra charge. Dead animals in excess of one hundred pounds will not be hauled off by city forces. Dead animals shall not be placed in garbage or rubbish containers. Condemned animals or parts of animals from slaughterhouses or similar places, regardless of size, are regarded as industrial refuse and will not be collected by the city. (Prior code § 7.04.230).

8.20.150 Refuse – Unacceptable materials designated.

The following solid waste shall be considered not acceptable for collection or acceptable for disposal at the landfill without the special permission of the director of public works and a payment of a negotiated fee:

A. Dangerous or hazardous materials or substances such as poisons, acids, caustics, infected materials and explosives;

B. Unusual quantities of materials resulting from the repair, excavation, or construction of buildings or structures such as earth, plaster, mortar and roofing materials;

C. Materials which have not been prepared for collection in accordance with these regulations;

D. The solid wastes resulting from industrial processes. (Ord. 2007-22 § 9, 2007: prior code § 7.04.270).

8.20.160 Collection service – Scheduling – Private collection.

A. No refuse originating in city limits shall be collected by a solid waste collection company except those having a contract or franchise granted by the city for specific locations or with a temporary permit from the city, and then only in accordance with such contract, franchise, or permit or in such receptacles and to such place or places and in such manner as shall have first been approved by the director of public works.

B. Unless otherwise provided by contract or franchise granted by the city council, the city public works department shall collect, remove and dispose of all solid waste which is not over the standard set for each pickup originating in city limits. Collection will be made in accordance with a frequency schedule established by the city public works director, except that the minimum garbage service to residential areas shall be once weekly. The city reserves the right to change the schedule at any time.

C. Nothing contained herein shall prevent any person or contractor as defined in Chapter 18.27 RCW from collection associated with resource recovery or collecting and disposing of rubbish incidental to any personal or business reason other than as a private collector. All such disposal must be in acceptable containers and in compliance with applicable state, federal and local statutes.

D. Nothing in this section shall prevent a recycling company or nonprofit entity from collecting and transporting recyclable materials from a buy-back center, drop-box, or from a commercial or industrial generator of recyclable materials, or upon agreement with an authorized solid waste collection company or the city.

E. Nothing in this section shall prevent a private carrier from transporting his or her own solid waste or transporting solid waste purely as an incidental adjunct to some other established private business owned or operated by him or her in good faith.

F. Nothing in this section shall prevent a regulated solid waste company which possesses a statewide medical waste tariff from the Washington Utilities and Transportation Commission, from providing services for the collection of and/or disposal of dangerous waste pharmaceuticals. (Ord. 2017-51 § 5, 2017: Ord. 2007-22 § 10, 2007: Ord. 2006-05 § 8, 2006: Ord. A-3387 § 3, 1985: prior code § 7.04.260).

8.20.170 Refuse – Special pickup provisions – Costs.

The owners and/or occupants of all premises shall be responsible for the preparation and removal therefrom of all solid waste accumulated, originating or becoming deposited upon such premises, of all that solid waste which is not eligible for collection and disposal on the regular collection routes at the regular charge for such service by the city, a city franchisee, or a solid waste collection company with which the city has contracted.

When any owner and/or occupant of a premises has placed an unusually large amount of solid waste on a public right-of-way, the owner and/or occupant of the premises may be provided a courtesy notice delivered to and posted on the premises which will require the owner and/or occupant to remove and dispose of the solid waste within twenty-four hours. If the solid waste presents a public hazard (such as impeding traffic, blocking drainage, or creation of a nuisance), the owner and/or occupant must immediately remove the solid waste and the city is not required to give courtesy notice if the owner and/or occupant is not readily available at the location of the waste. If the refuse is not removed at the end of the time designated on the notice or immediately in the case of waste presenting a public hazard, the city may collect and dispose of the solid waste and add any costs involved to the regular utility bill of the city as provided by Section 8.20.195. (Ord. 2013-02 § 2, 2013: Ord. 2007-22 § 11, 2007: Ord. 2007-11 § 2, 2007: Ord. A-3638 § 3, 1990: prior code § 7.04.250).

8.20.180 Collection service – Commercial establishments – Minimum charge.

There shall be a thirty-gallon container monthly minimum service charge for all commercial establishments, whether or not the city collection services are utilized. (Ord. A-3638 § 4, 1990; prior code § 7.04.300).

8.20.190 Collection service – Vacancy credits.

No vacancy credit shall be allowed any owner and/or occupant of a residential premises that has an active city water utility serving the property. If water service is not discontinued during a vacancy period, sanitation fees will be continued as if the residential property is occupied.

The Walla Walla city manager, and the designee(s) of the Walla Walla city manager, may allow a vacancy credit for nonresidential premises during periods of vacancy for which the owner of the premises has notified the city in writing that waste disposal pickup is not needed. No credit shall be allowed for any period in which such premises are occupied, or, for any period of vacancy during which waste disposal service is provided by the city. (Ord. 2003-33 § 1, 2003: Ord. A-3638 § 5, 1990: prior code § 7.04.310).

8.20.195 Solid waste collection and disposal charges.

A. Monthly charges for regular residential curbside waste collection services shall apply in amounts set forth in the city’s rate ordinance(s) to each dwelling unit for single-family residential dwellings, duplexes, multiple-dwelling units using separate containers per unit, multiple-dwelling units which are permitted by the city to share a three-hundred-gallon container located in a public right-of-way, and rooming houses in which the rooms are permitted by the city to share a container.

B. Additional charges for single-family residential dwellings, duplexes, multiple-dwelling units using separate containers per unit, rooming houses in which the rooms are permitted by the city to share a container, and special cases in which the city permits a customer to utilize curbside service:

1. Charges shall apply in amounts set forth in the city’s rate ordinance(s) to reposition a container per occurrence (e.g., if container must be manually positioned prior to being emptied, or if container is left out past six p.m. the day of service and has to be returned to private property).

2. Charges shall apply in amounts set forth in the city’s rate ordinance(s) for off-route collections, extra re-fill collection, delivery of container or pickups of container, per occurrence (e.g., pick-up container not placed out on time, extra pickups).

3. Charges shall apply in amounts set forth in the city’s rate ordinance(s) for overfull containers or containers with loose contents that spill during collection (e.g., lid unable to completely close) per occurrence.

4. Charges shall apply in amounts set forth in the city’s rate ordinance(s) for carry-out residential customers per container/each occurrence.

5. Customers shall pay costs to repair or replace equipment and vehicles damaged through the customer’s fault.

6. Extra charges may also be imposed by the city sanitation division in addition to those enumerated herein.

C. Cleanup Programs and Fee Waivers. The city manager is authorized to implement cleanup programs not more than twice each year by issuing a landfill courtesy pass to each continuing billing account that includes regularly scheduled, weekly solid waste disposal services at the time the pass is issued. The pass will be limited to the value of one vehicle load up to six hundred pounds of regular solid waste and may be applied to tipping or special fees. The cost of the courtesy pass shall be included in the above rates.

The city manager is also authorized to waive landfill fees and to provide staff and equipment for community cleanup projects approved by the city manager.

D. Monthly charges for other regular waste collection services shall apply in amounts set forth in the city’s rate ordinance(s) based upon container size per container for collection services that do not qualify for regular residential curbside service, including without limitation multifamily dwellings containing more than ten units, as determined by the city in its sole discretion.

E. Additional fees shall be charged in amounts set forth in the city’s rate ordinance(s) for extraordinary pickups, including, but not limited to, extra residential and commercial collections not on regular route or day, return for container not placed properly at curb by seven a.m.

1. Special Pickups. Charges for labor, trucks, equipment, and disposal shall apply in amounts set forth in the city’s rate ordinance(s) for special pickups. A minimum charge shall apply in amounts set forth in the city’s rate ordinance(s) for each pickup.

2. Overfull Containers. The charges for regular service apply only to one container with lid closed. Whenever refuse is heaped or piled on top of container, city collectors may choose to collect or leave for special pickup. If collectors pick up excess, a prorated cost will be added to regular fee based entirely on estimate of collector.

3. Biomedical Waste Collection. Collection site, waste weight, container rental, and disposal charges shall apply for regularly scheduled biomedical waste collection services in amounts set forth in the city’s rate ordinance(s) for each pickup. Pickups on days not regularly scheduled and other special fees shall be charged at a rate established by the city sanitation division.

4. Extra charges may also be imposed by the city sanitation division in addition to those enumerated herein.

F. Regular disposal charges for the sanitary landfill shall be based upon refuse weight per load in amounts set forth in the city’s rate ordinance(s). Charges consisting of a disposal fee and any other applicable charges are consolidated in the city’s rate ordinance(s). Fixed amounts shall be charged for loads up to three hundred pounds. Loads over three hundred pounds shall be charged a pro rata amount per ton. Special charges may also apply. Charges may be based upon estimated weight by the city landfill division if the scale is not in operation.

G. Special Refuse Disposal Charges.

1. Tires. Tires will be charged based on type, size, and whether they are affixed to a rim or not, as set forth in the city’s rate ordinance(s).

2. Asbestos. Any load containing asbestos shall be subject to special charges. Loads containing asbestos shall be subject to special weight charges per ton, or any portion thereof, in amounts set forth in the city’s rate ordinance(s) in lieu of regular weight charges.

3. Animals. Regular charges shall apply in amounts set forth in the city’s rate ordinance(s) and a minimum charge may apply.

4. Biomedical Waste. Biomedical waste may be delivered to the landfill for disposal in a special biomedical waste cell only at times specified and posted by the city or by special arrangement. Loads containing biomedical waste shall be subject to special weight charges per pound in amounts set forth in the city’s rate ordinance(s) in lieu of regular weight charges.

5. Inerts (Cement, Concrete, Rock, Asphalt, or Soil). Any load containing only cement, concrete, rock, asphalt or soil shall be subject to special weight charges per ton, or any portion thereof, in amounts set forth in the city’s rate ordinance(s) in lieu of regular weight charges. If such materials are mixed with other refuse, the highest applicable disposal charges shall apply to the entire load. In addition, loads may be refused, at the sole discretion of the landfill supervisor or designee, if they contain an unacceptable amount of reinforcing steel or other materials.

6. Computer Hardware, Televisions, Appliances with Refrigerant or Compressors and Other Electronic Devices. Any load containing computer hardware, televisions, appliances with refrigerant or compressors or other electronic devices shall be subject to an additional per each fee in addition to the applicable per load/ton charges, as set forth in the city’s rate ordinance(s). Subject to approval by the landfill supervisor, customers providing proof of certified refrigerant/compressor decommissioning may be exempted from the additional fee.

7. Customers shall pay costs to repair or replace equipment and vehicles damaged through the customer’s fault.

8. Extra charges may also be imposed by the city landfill division in addition to those enumerated herein.

9. Yard Waste. Any load containing only yard waste shall be subject to special weight charges per ton, or any portion thereof, in amounts set forth in the city’s rate ordinance in lieu of regular weight charges.

H. Landfill Supervisor to Determine Applicable Fees. The landfill supervisor is authorized to determine the applicability of any charge or fee hereby imposed.

I. A surcharge will be added in amounts set forth in the city’s rate ordinance(s) for all loads uncovered, or inadequately covered or secured, to defray additional litter control costs incurred by the city. This is in addition to tipping fees or special spill cleanup or improper dumping charges, which are billed based upon specific labor and materials charges, as determined by the city.

J. Charges shall apply in amounts set forth in the city’s rate ordinance(s) to weigh any type of vehicle.

K. Minimum charges, and hourly charges, shall apply in amounts set forth in the city’s rate ordinance(s) for opening the landfill outside of normal hours of operation, in addition to the other applicable disposal fees. Special arrangements must be made five days in advance with the landfill supervisor.

L. Solid waste assistance charges shall apply as set forth in the city’s rate ordinance(s) for handling special disposal items outside of standard solid waste. Special items include, without limitation: trailer houses, confiscated methamphetamine labs, and other items that require extra personnel or equipment to handle.

M. Charges shall apply in amounts set forth in the city’s rate ordinance(s) for drop-off box service:

1. There shall be a charge for each container delivery;

2. There shall be a daily container rental charge based upon the size of the container and whether or not it is regularly placed or only temporarily placed;

3. Containers will be picked up at least every two weeks and collection charges shall apply for each pickup;

4. Landfill and disposal charges and fees shall additionally apply.

N. Additional Charges for Drop-Off Box Service.

1. Minimum charges shall apply in amounts set forth in the city’s rate ordinance(s) for overfull containers, and additional charges shall apply on the basis of time and equipment needed to load prior to transportation.

2. Charges shall apply in amounts set forth in the city’s rate ordinance(s) for relocation of container per occurrence.

3. Charges shall apply in amounts set forth in the city’s rate ordinance(s) for each call back required to pick up a blocked container.

4. Container damage will be charged according to damage caused during the time the box was rented.

5. Extra charges may also be imposed by the city sanitation division in addition to those enumerated herein.

O. Compactor Service. Certain commercial and institution customers have purchased self-compacting drop boxes and rear-loaded containers. Service and disposal of solid waste in owner-furnished containers will be computed at actual cost including labor, equipment, overhead, disposal fees and all costs involved. Disposal costs for rear-loaded containers on regular commercial routes will be computed on basis of compacted refuse and occasionally verified by actual weight.

P. Any additional disposal costs incurred by the city due to the placement in residential or commercial containers of materials which are prohibited under Section 8.20.060(G) or are declared to be unacceptable under Section 8.20.150, or are determined to be hazardous under Chapter 173-303 WAC or result in charges to the city collection service in an amount more than the standard domestic or commercial refuse disposal rate (including, but not limited to, dead animals, tires or asbestos), shall be passed on to and paid by the user of the container. Any damage caused to the residential or commercial containers or equipment resulting from the placement of any of the above-referenced materials in the containers shall be the responsibility of the container user, and the user shall bear the cost of repairing or replacing the container.

Q. Sales taxes, refuse taxes, and other applicable state taxes shall be collected in addition to charges specified in the city’s rate ordinance(s).

R. All accounts for sanitation shall be kept in the name of the owner of the property and not in the name of the tenant, and the owner only shall be held responsible for payment of all accounts. All delinquent and unpaid charges for sanitation or other related charges shall be a lien against the premises to which the same are furnished. (Ord. 2017-51 § 6, 2017: Ord. 2016-30 § 2, 2016: Ord. 2013-02 § 3, 2013: Ord. 2012-26 §§ 2, 3, 2012: Ord. 2008-22 § 1, 2008: Ord. 2007-11 § 3, 2007: Ord. 2006-05 § 9, 2006: Ord. 2005-24 §§ 1 – 7, 2005; Ord. 2005-21 § 1, 2005; Ord. 2004-29 §§ 1 – 6, 2004; Ord. 2004-27 § 1, 2004; Ord. 2003-31 §§ 1 – 3, 2003; Ord. 2003-28 § 1, 2003; Ord. 2002-37 §§ 1 – 3, 2002; Ord. 2002-38 §§ 1 – 3, 2002; Ord. 2001-33 §§ 1 – 4, 2001; Ord. 2001-31 §§ 1 – 6, 2001; Ord. 2001-11 § 1, 2001; Ord. 2000-27 §§ 1 – 6, 2000; Ord. 2000-24 §§ 1 – 3, 2000; Ord. 99-38 §§ 1 – 6, 1999; Ord. 99-35 §§ 1 – 3, 1999; Ord. 99-17 § 1, 1999; Ord. 98-31 §§ 1 – 3, 1998; Ord. 98-28 §§ 1 – 6, 1998; Ord. 98-3 § 1, 1998; Ord. 97-36 §§ 1 – 4, 1997; Ord. 97-35 §§ 1 – 5, 1997; Ord. 96-43 §§ 1 – 7, 1996; Ord. 96-4 § 1, 1996; Ord. 95-32 § 1, 1995; Ord. 93-A-8 § 3: Ord. A-3694 § 1, 1991: Ord. A-3658 § 1, 1990: Ord. A-3638 § 6, 1990: Ord. A-3525 § 1, 1987; Ord. A-3508 § 1, 1987: Ord. A-3426 §§ 1, 2, 1986; Ord. A-3409 § 1, 1985; Ord. A-3400 § 1, 1985; Ord. A-3387 § 4, 1985; Ord. A-3340, § 1, 1984; Ord. A-3193 § 1, 1981: Ord. A-3155 § 1, 1981).

8.20.196 Fees schedule – Recycling collection and disposal systems.

Monthly charges shall be imposed upon each residential dwelling containing less than ten dwelling units for recycling collection and disposal systems in amounts set forth in the city’s rate ordinance(s) per dwelling unit. Charges shall be imposed upon each residential dwelling containing ten or more units for recycling collection and disposal systems in amounts set forth in the city’s rate ordinance(s). (Ord. 2016-30 § 3, 2016: Ord. 2007-17 § 2, 2007: Ord. 2006-05 § 10, 2006: Ord. 97-4 § 2, 1997).

8.20.197 Service – Discounts for certain low income senior or disabled citizens.

A. A program for discounts to the billings for solid waste utility services for certain low income senior or disabled citizens is established in order to provide necessary support for the disadvantaged. Such reductions are intended to offset rate increases. The city manager is authorized and directed to administer said program and in such connection may promulgate administrative regulations to carry out the intent and purpose of the ordinance codified in this section.

B. To implement the program provided for in subsection A of this section, low income senior citizens shall show satisfactory proof that he or she:

1. Is sixty-five years of age or older; and

2. Has a maximum annual household income at or below one hundred twenty-five percent of federal poverty guidelines; and

3. Is a single occupant or the head of a household or the spouse of the head of the household; and

4. Resides in the dwelling unit served by the solid waste, sewer and water utility; and

5. Is billed or is the spouse of a person billed by the solid waste, sewer and water utility.

Applicants shall verify such information and shall provide such other data as is deemed appropriate upon forms prepared, and in the manner determined by the city.

C. To implement the program provided for in subsection A of this section, disabled citizens shall show satisfactory proof that he or she:

1. Is disabled; and

2. Has a maximum annual household income at or below one hundred twenty-five percent of federal poverty guidelines; and

3. Is a single occupant or the head of a household or the spouse of the head of the household; and

4. Resides in the dwelling unit served by the solid waste, sewer and water utility; and

5. Is billed or is the spouse of a person billed by the solid waste, sewer and water utility.

Applicants shall verify such information and shall provide such other data as is deemed appropriate upon forms prepared, and in the manner determined by the city.

D. Persons qualified by the city as eligible recipients of a low income senior or disabled citizen discount provided for in this section shall be granted a discount against the charges assessed under Section 8.20.195 of this code.

E. The finance manager is authorized to discount the total amount of charges made under Section 8.20.195 of this code to qualified low income senior or disabled citizens by twenty percent.

F. For purposes of this section, the following persons are defined as disabled:

1. A person who has qualified and received special parking privileges under Section 46.16.381(1)(a) through 46.16.381(1)(f) of the Revised Code of Washington.

2. A blind person as defined in Section 74.18.020 of the Revised Code of Washington.

3. A person who has a developmental disability as defined in Section 71A.10.020(2) of the Revised Code of Washington.

4. A person who is gravely disabled as a result of a mental disorder as defined in Section 71.05.020 of the Revised Code of Washington.

5. A person who has qualified and receives supplemental social security benefits due to disability. (Ord. 98-6 § 1, 1998: Ord. A-3638 § 7, 1990).

8.20.198 Yard waste collection and disposal charges.

Periodic yard waste collection service will be provided at such times and in a manner established by the public works department. The city reserves the right to change the schedule of service at any time.

A. Green Waste Container Collection Service. Customers may subscribe to green waste container collection service in areas in which such service is made available. During the months of March through November of each year, the city will regularly collect waste deposited in green waste containers, and charge customers a monthly rate as set forth in the city’s rate ordinance(s). Additional charges may apply as provided in this title.

B. Leaf Collection Service. During the months of November and December of each year, and for such additional or lesser period that may be established by the public works department, the city will publicly announce and provide leaf collection service. During the leaf collection service period, loose leaves alone may be placed in gutters, and such loose leaves will be collected as part of the regular waste collection service. Bagged or boxed leaves will not be accepted. Leaves will not be picked up in alleys. It shall remain unlawful to place other loose rubbish in gutters and drainage ways. (Ord. 2016-30 § 4, 2016: Ord. 2013-02 § 4, 2013: Ord. 2007-11 § 4, 2007: Ord. 2006-05 § 11, 2006).

8.20.199 Recycling collection and disposal systems.

The city manager of the city of Walla Walla and his or her designee is authorized and directed to establish and implement a recycling collection and disposal system or systems in accordance with the county and city solid waste management plan as amended. The city reserves the right to change such system or systems at any time. (Ord. 2007-17 § 3, 2007).

8.20.200 Collection of charges.

A. The city shall have a lien for all delinquent and unpaid charges for solid waste collection and disposal services against the property for which the service was rendered which lien shall have the priority as established by RCW 35.21.150 and shall be foreclosed in the manner provided.

B. Delinquent charges shall bear interest at eight percent per annum computed on a monthly basis as penalty, and should the city foreclose the lien as authorized by this chapter, the city shall be entitled to its reasonable attorney’s fees.

C. As an additional and concurrent method of enforcing its lien, and as a penalty for delinquency, in accordance with law and in the manner provided by Section 13.04.300 and 13.04.420 and RCW 35.21.130, to shut off water service to such premises for so long as any delinquent fees or charges remain unpaid.

D. The remedies and charges imposed by this section are additional and concurrent to other remedies and charges imposed by this chapter. (Ord. 99-38 § 7, 1999: Ord. A-3638 § 8, 1990: prior code § 7.04.330).

8.20.210 Collection service – Suspension for nonpayment – Effect.

Services to any premises may be suspended for nonpayment of accounts. Such suspension shall not relieve the person owing such account of the duty of complying with the provisions of this code. Such suspension shall render the premises where such service is suspended subject to condemnation for unsanitary reasons upon the order of the county-city health director. (Prior code § 7.04.240(F)).

8.20.220 Collection service – Temporary suspension for commercial accounts.

Commercial accounts shall not be eligible for vacancy credits established in Section 8.20.190, but may petition the city to temporarily suspend sanitation service during the time the premises are unoccupied. Upon approval, the sanitation service shall be suspended and the regular charge applying for the service shall be suspended until the premises are reoccupied. A petition for temporary suspension of service shall be in advance of the pending vacancy of the property and shall not be retroactive. The petition shall be made upon a form to be provided by the city clerk. Upon reoccupancy, the owner of the property shall call and ask for sanitation service to be resumed, whereupon the regular charge shall be reestablished. (Prior code § 7.04.320).

8.20.230 Enforcement of provisions – Inspection authorized when – Abatement of nuisances.

The city manager or his designate, upon identification, shall have the power to enter at reasonable times upon private property for the purpose of inspecting and investigating conditions relating to the enforcement of the provisions of this chapter. The city manager or his designate shall have authority to order the abatement or removal of any nuisance detrimental to the public health, and if such nuisance is not properly abated or removed, to cause its removal or abatement at the expense of the owner of the property on which the nuisance is maintained. (Ord. A-2932 § 1(part), 1977: prior code § 7.04.280).

8.20.260 Emergencies – Summary abatement authority.

Whenever the city manager finds that an emergency exists involving a serious health hazard which requires immediate action to protect the public health, he shall notify the county-city health officer of such violation of this chapter and action shall be taken under the provisions of this chapter and the laws of the state. (Prior code § 7.04.290(C)).

8.20.270 Solid waste collection – Equipment regulations.

A. Enclosed Bodies of Refuse Collection Vehicles. All vehicles designed or used primarily for the transport of solid waste shall have enclosed bodies, or suitable provisions for covering the bodies. The use of a tarpaulin or canvas cover to enclose open bodies of collection vehicles may be permitted upon approval of the director of public works.

B. Watertight Collection Vehicles. Vehicles designed or used primarily for the transport of solid waste shall have watertight metal bodies of easily cleanable construction. (Ord. 2007-22 § 11, 2007: prior code § 7.04.340).

8.20.280 Landfill disposal area regulations – Entry unlawful when.

A. Use Generally. The city disposal area shall be open at such times designated by the city manager. Those persons hauling their own rubbish to the disposal site shall place such rubbish where directed by the operator of the disposal area, and shall pay those fees as set forth by the city council.

B. Origin of Rubbish and Mixed Refuse. Acceptable rubbish and mixed refuse originating within the city limits and transported to the city landfill by any person shall be accepted for disposal during the designated hours of operation. All persons offering such acceptable rubbish or mixed refuse may be required to submit proof of origin of the material in the form of a certificate certifying ownership that the material originated within the city. Use of the landfill by persons living outside the city limits shall be open upon the basis of a special service charge set by the city council.

C. Burning. It is unlawful for any unauthorized person to set fire to, or burn, any papers, trash or garbage in the landfill grounds used by the city unless granted permission by the director of public works to do so.

D. Scavenging. All materials delivered to and disposed of at the landfill are the property of the city. No unauthorized person shall scavenge, separate, collect, carry off or dispose of such material unless authorized to do so by written permit of the director of public works. Employees of the sanitation division shall not be eligible to receive this permission.

E. Unlawful Entry. It is unlawful for any person to enter the landfill area except when the attendant is present during the designated hours of operation. (Prior code § 7.04.350).

8.20.285 Unlawful to deposit waste except in own container.

It is unlawful for anyone other than the owner and/or occupant of the premises upon which a garbage can, container or drop box is located to deposit any solid waste or other material therein except with the permission of such owner or occupant. (Ord. A-3638 § 9, 1990).

8.20.287 Adoption of state law – Unlawful to dump or deposit solid waste without permit – Disposal of vehicles tires outside designated area prohibited.

The provisions of RCW 70.95.240 and 70.95.250 pertaining to the unlawful dumping or deposit of solid waste without permit, and the provisions of RCW 70.95.500 pertaining to the disposal of vehicle tires outside designated areas, are adopted and incorporated herein by reference as though fully set forth, including the penalty provisions pertaining thereto. (Ord. A-3638 § 10, 1990).

8.20.300 Violations – Penalty.

Any person violating any section or sections of this chapter or any regulation adopted hereunder shall be deemed guilty of a misdemeanor, and upon conviction shall be subject to the provisions of Section 1.24.010 of this code. (Prior code § 7.04.360)