Chapter 4.36
GARBAGE

Sections:

4.36.010    Application of chapter.

4.36.020    Definitions.

4.36.030    Department of sanitary service created.

4.36.040    Superintendent – Powers and duties.

4.36.050    Sanitation fund – Established.

4.36.060    Cans – Requirements.

4.36.065    Sanitation container weight requirements.

4.36.070    Draining – Wrapping – Required.

4.36.080    Duty to cause removal.

4.36.090    Exclusive right of city to collect garbage.

4.36.110    Dead animals – Removal required.

4.36.120    Burning garbage – Prohibited – Exceptions.

4.36.130    Collection schedule.

4.36.150    Schedule of rates – How fixed.

4.36.160    Rates – Designated.

4.36.190    Charges – Lien created.

4.36.200    Nonpayment – Suspension of service.

4.36.210    Division property – How acquired.

4.36.220    Rules and regulations – How made – Publication.

4.36.225    Collection mandatory.

4.36.230    Severability.

4.36.240    Violations – Penalty.

4.36.010 Application of chapter.

The maintenance of health and sanitation requires and it is the intention hereof to make the collection, removal, and disposal of garbage, refuse, and dead animals within the city of Wenatchee universal and compulsory; and there is established a department of sanitary service to provide for the collection, removal, and disposal of garbage and refuse in the city of Wenatchee. (Ord. 2384 § 1, 1979; Ord. 1076 § 1, 1945)

4.36.020 Definitions.

“Garbage and refuse” as used in this chapter shall be taken to mean all waste and discarded materials, including rubbish and debris, waste, discarded food, animal and vegetable matter, waste paper, cans, glass, ashes, offal, and boxes.

“Waste” shall not include materials subject to manufacture into by-products.

“Swill” as used in this chapter shall be taken to mean and include every refuse accumulation of animal, fruit, or vegetable matter, liquid or otherwise, that attends the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit, and vegetables, except coffee grounds.

“Premises” shall be taken to mean any dwellings, flats, apartments, roominghouses, hotels, clubs, restaurants, boardinghouses, eating places, shops, and places of business, or any other building or structure.

“Person” shall mean every natural person, firm, copartnership, association, or corporation.

Words herein used in the present tense shall include the future tense, and in the singular shall include the plural and in the plural shall include the singular, and in the masculine shall include the feminine gender. (Ord. 1076 § 2, 1945)

4.36.030 Department of sanitary service created.

There is created a division within the department of public works of the city of Wenatchee to be known and called the department of sanitary service to acquire, establish, and operate on its own behalf or by contract a system for the collection, removal, and disposal of garbage and refuse in the city of Wenatchee.

The department of sanitary service shall collect and dispose or by contract provide for the collection and disposal of all garbage and refuse and dead animals as provided in this chapter. (Ord. 2384 § 2, 1979; Ord. 1076 § 3, 1945)

4.36.040 Superintendent – Powers and duties.

The director of public works shall be the administrative head of the department of sanitary service and shall have charge of the disposal and the collection of garbage and refuse or be in charge of enforcing any provisions of a contract for the collection and disposal of garbage and refuse, and he and his assistants shall have all powers of sanitary officers of the city of Wenatchee. (Ord. 2384 § 3, 1979; Ord. 1076 § 4, 1945)

4.36.050 Sanitation fund – Established.

There is established a sanitation fund of the city of Wenatchee. All receipts for the collection and disposal of the garbage and refuse and all receipts for the burning of garbage or dead animals and all moneys received by the division of sanitary service shall be deposited with the city treasurer and become a part of the sanitation fund. The expenses of establishing, conducting, and operating the division of sanitary service shall be paid therefrom, and the city commission may also provide for additional revenue to be paid into such fund from time to time from any available funds of the city, and warrants may be drawn on said fund. (Ord. 1076 § 5, 1945)

4.36.060 Cans – Requirements.

(1) It shall be the duty of every person in possession or control of any premises at all times to keep or cause to be kept suitable metal or PVC cans for the deposit therein of garbage and refuse, and to deposit or cause to be deposited therein.

(2) Such cans shall be watertight, of not more than 30 gallons’ capacity, when full not weigh in excess of 70 pounds, and shall have two handles at the sides thereof, and tight-fitting metal or PVC lids. Such lids shall not be removed except when necessary to place garbage or refuse in such cans or to take the same therefrom. When garbage and refuse is placed therein or taken therefrom, such lids shall be replaced by the person placing the same therein or taking the same therefrom. Such cans shall be kept in a sanitary condition, with the outside thereof free of accumulated grease or decomposing material. Every can shall be kept in a place accessible to the collector of garbage and refuse.

(3) Large, suitable containers for bulk collection of garbage and refuse may, with the approval of the superintendent of the department of sanitary service, be used by hotels, motels, restaurants, boardinghouses, eating places, apartment houses, schools, hospitals, and in the business district, and that no garbage or refuse will be permitted to be left in any street or alley of the city of Wenatchee, except in a suitable container provided therefor. (Ord. 2384 §§ 4, 5, 6, 1979; Ord. 1076 § 6, 1945)

4.36.065 Sanitation container weight requirements.

No sanitation container, when filled, shall weigh more than 70 pounds. A charge of $1.00 per can for each can weighing in excess of 70 pounds shall be charged in addition to the rates provided. (Ord. 2158 § 1, 1974; Ord. 1076 § 7a, 1945)

4.36.070 Draining – Wrapping – Required.

All garbage, before deposit in the container as herein provided, shall be drained free of water and wrapped in paper or other material in such a manner as to prevent, as nearly as possible, moisture from such garbage from coming in contact with the sides or bottom of the container. (Ord. 2384 § 7, 1979; Ord. 1076 § 7, 1945)

4.36.080 Duty to cause removal.

It shall be the duty of every person in possession, charge, or control of any premises to cause such garbage and refuse to be removed and disposed of by the department of sanitary service of the city of Wenatchee or the city’s contract hauler. (Ord. 2384 § 8, 1979; Ord. 1076 § 8, 1945)

4.36.090 Exclusive right of city to collect garbage.

The department of sanitary service of the city of Wenatchee, by and through its duly authorized agents and employees or the city’s contract hauler, shall have the exclusive right to gather and collect garbage and refuse within the city of Wenatchee, and it is unlawful for any person to collect or gather garbage or refuse, except manure or the contents of any privy vault within the city of Wenatchee, or to deposit or dump the same or cause the same to be dumped or deposited upon any lot of land or in any water or waterways within the corporate limits of the city of Wenatchee, except as herein provided. (Ord. 2384 § 9, 1979; Ord. 1076 § 9, 1945)

4.36.110 Dead animals – Removal required.

It shall be the duty of every person in possession, charge, or control of any dead animal or upon whose premises the same may be located, to forthwith cause the same to be removed and disposed of by the department of sanitary service of the city of Wenatchee or the city’s contract hauler. (Ord. 2384 § 11, 1979; Ord. 1076 § 11, 1945)

4.36.120 Burning garbage – Prohibited – Exceptions.

It is unlawful for any person to burn any garbage or refuse within the city of Wenatchee; provided, however, that waste paper, boxes, rubbish and debris, brush, grass, weeds and cuttings from trees, lawns or gardens may be burned within the premises or, upon obtaining a permit from the fire chief as provided by law, the same may be burned upon the lot upon which the premises is located. (Ord. 1076 § 12, 1945)

4.36.130 Collection schedule.

The department of sanitary service of the city of Wenatchee or its contract hauler shall collect, remove, and dispose of all garbage and refuse in the residential district of the city at least once a week; and from hotels, restaurants, boardinghouses, eating places, apartment houses, schools, hospitals, and in the business districts of the city of Wenatchee as designated from time to time by the department of sanitary service, or in either of said districts as often as required by said division. Residential districts of the city shall include all portions thereof not otherwise designated. (Ord. 2384 § 12, 1979; Ord. 1076 § 13, 1945)

4.36.150 Schedule of rates – How fixed.

The city commission of the city of Wenatchee shall fix a schedule of prices to be charged and paid for the collection of garbage and refuse by said department of sanitary service, or for any other services rendered by said division. Said schedule of prices shall be published in at least one issue of the official newspaper of the city of Wenatchee, and when any changes are made therein by the city commission, said schedule as changed shall likewise be published in at least one issue of the Wenatchee World, the same being the official newspaper of the city of Wenatchee. (Ord. 2384 § 14, 1979; Ord. 1076 § 15, 1945)

4.36.160 Rates – Designated.

(1) There are hereby established the following rates for the collection, removal and disposal of garbage and refuse in the city of Wenatchee, such rates to become effective January 1, 2014.

Rate Schedule

Residential Rates (pickup once a week)
(cans furnished by contractor)

Total collection – Mandatory service

$19.42 per month

Senior collection (50% of regular rate per Res. 1968)

$9.71 per month

Carry-out service

$15.53 per month

Extra container charge

$2.71 per month

Yard waste base fee

$9.52 per month

Yard waste restart fee

$16.12 per restart

Yard waste redelivery fee

$15.04 per redelivery

Commercial Rates 

Each can within 10'

$2.07* per pickup

Minimum rate

$11.52 per month

1 cart (approx. 1/2 cubic yard)

$7.44** per pickup

2 carts (approx. 1 cubic yard)

$13.50** per pickup

3 carts (approx. 1-1/2 cubic yards)

$19.29** per pickup

4 carts (approx. 2 cubic yards)

$27.00** per pickup

1 cubic yard

$14.32** per pickup

1-1/3 cubic yards

$17.76** per pickup

1-1/2 cubic yards

$19.83** per pickup

2 cubic yards

$24.63** per pickup

2 cubic yards, compacted

$61.57** per pickup

3 cubic yards

$33.56** per pickup

4 cubic yards

$41.53** per pickup

4 cubic yards, compacted

$103.30** per pickup

6 cubic yards

$58.55** per pickup

6 cubic yards, compacted

$145.51** per pickup

8 cubic yards

$74.17** per pickup

 

Bulk materials or extra yardage

$21.37 per cubic yard

Distance charge 10' to 50'

$0.74 per can

Standby time

$111.18 per hour

Overweight cans or units

$2.07 per can
per pickup

*Cans not furnished by contractor

**Rates include container rental

Drop Box Rates

Size

Haul

Dump Fee

Total

Rent/ Month

20 yards

$92.36

$258.18

$350.54

$85.27

25 yards

$92.36

$322.70

$415.06

$99.49

30 yards

$92.36

$387.27

$479.63

$99.49

40 yards

$92.36

$516.34

$608.70

$113.73

50 yards

$92.36

$645.43

$737.79

$127.89

Note: All temporary drop boxes – Haul rate is $114.09. Set-in fee is $51.18. Mileage rates are applicable after five miles. One way from point of pickup to Wenatchee transfer station or regional landfill, the rate is $2.93 per mile.

Compacted Garbage

Size

Haul

Dump Fee

Total

13 yards

$76.27

$197.50

$273.77

15 yards

$104.22

$227.86

$332.08

20 yards

$112.62

$303.80

$416.42

25 yards

$129.07

$379.77

$508.84

30 yards

$151.02

$455.76

$606.78

40 yards

$195.02

$607.63

$802.65

Note: Mileage rates are applicable after five miles. One way from point of pickup to South Wenatchee transfer station or regional landfill, the rate is $2.93 per mile. Placement fee is $51.18. For compactors requiring disconnect/reconnect, the rate is $23.51.

Special Pickup Rates

Special pickup rates named herein apply only when trucks and personnel are ordered by the customer for a single specific job of a special or emergency nature. Time shall be charged for upon leaving collector’s terminal (or any other point, if nearer) until return to such terminal (or point at which truck is released, if nearer) excluding interruptions.

Tandem axle drop-box truck

$105.98 per hour plus dump fees

Extra personnel (each)

$22.16 per hour

Container Cleaning

For the service of washing or steam cleaning containers and drop boxes, the following charges will apply:

Cleaning

$6.28 per cubic yard

Pickup and redelivery charge

0 to 8 yards

$19.74 per container

Over 8 yards

$31.79 per container

(2) Where the city has established alley pickup of sanitation cans, all cans shall be placed within 10 feet of the alley line.

(3) Where the city has established pickup from other than alley access (curb side), all cans shall be placed for pickup within 10 feet of the curb line.

(4) Fees for special services not included in this section shall be fixed by the director of public works at comparable rates for comparable volumes and frequency as established in this section.

(5) The director of public works is hereby authorized and required to establish such rules and procedures as are necessary for the orderly implementation of this section. (Ord. 2013-34 §§ 1 – 5)

4.36.190 Charges – Lien created.

All charges for the services to be rendered herein shall be payable to the city treasurer, and if not paid on or before 10 days of the date of the bill, such charge shall be delinquent. Upon failure to pay such charge and upon delinquency, the amount thereof shall become a lien against the premises from which the garbage and refuse collection services shall have been rendered. Such liens shall be made effective by filing a notice thereof, specifying the charges, the period covered by the charges, and giving a legal description of the premises at which the service was rendered. Such lien shall be filed with the same official and within the time and shall be foreclosed within the time and in the manner prescribed by law for the filing and foreclosing of liens for labor and material. Such liens shall be prior to any and all other liens and encumbrances filed subsequent to the filing of such liens, but shall be subsequent to all general taxes and local improvement assessments, whether levied prior or subsequent thereto, as authorized by Chapter 270, Laws of Washington, 1943. (RCW 35.21.120 through 35.21.150 et seq.) (Ord. 1076 § 18, 1945)

4.36.200 Nonpayment – Suspension of service.

Service 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 chapter. Such suspension shall render the premises where such service is suspended subject to condemnation for sanitary reasons. (Ord. 1076 § 19, 1945)

4.36.210 Division property – How acquired.

The department of sanitary service of the city of Wenatchee shall, subject to the approval of the city commission, from time to time acquire such equipment and property as in its judgment it shall deem necessary or advisable. All expenditures shall be from the sanitation fund or equipment fund, and warrants shall be drawn thereon. (Ord. 2384 § 17, 1979; Ord. 1076 § 20, 1945)

4.36.220 Rules and regulations – How made – Publication.

The city commission shall make such rules and regulations concerning the matters covered by this chapter as may be required for the proper operation of the department of sanitary service or necessary to carry into effect the provisions of this chapter, which rules and regulations shall be published in at least one issue of the Wenatchee World, the official newspaper of the city of Wenatchee, and when so published shall have the force and effect of law until repealed by the city commission. (Ord. 2384 § 19, 1979; Ord. 1076 § 22, 1945)

4.36.225 Collection mandatory.

Garbage collection as provided for herein shall be mandatory for all buildings within the city of Wenatchee connected to the city of Wenatchee or Chelan County public utility district water system, provided, however, that in the sole discretion of the director of public works multiple dwelling units with separate water connections may be excluded from mandatory collection so long as common garbage service is provided to all of the multiple dwelling units. (Ord. 2384 § 21, 1979; Ord. 1076, 1945)

4.36.230 Severability.

If any section, provision, or part of this chapter shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the chapter as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. (Ord. 1076 § 24, 1945)

4.36.240 Violations – Penalty.

Any person who shall violate or fail to comply with any of the provisions of this chapter, or who shall counsel, aid, or abet any such violation or failure to comply shall be deemed guilty of a misdemeanor and shall be punished by a fine in any sum not exceeding $100.00 or by imprisonment in the city jail for a term not exceeding 30 days, or by both such fine and imprisonment. (Ord. 1076 § 25, 1945)