Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1978 NO. 7 >

(1) In view of the amendment to chapter 128, Laws of 1972, 1st Ex. Sess. (Referendum 26) which is contained in chapter 242, Laws of 1972, 1st Ex. Sess., the proceeds of bonds issued pursuant thereto may not be made available to counties or other public bodies for the acquisition of trucks or other vehicles to be used in the transporting of garbage from its source in residential, commercial and industrial areas either to drop-box or transfer stations or directly to landfills and recovery facilities.

(2) The foregoing bond proceeds may, however, continue to be used for the acquisition of land and equipment for use in relation to the operation of sanitary landfills, resource recovery facilities, drop-box and transfer stations, and equipment for the transfer of solid waste from such stations to landfills and recovery facilities.

AGLO 1974 NO. 66 >

A city of the fourth class is not authorized to engage in garbage collection within an area outside its city limits; and its authority to do so within a recently annexed area is dependent upon compliance with RCW 35.13.280.

AGO 1960 NO. 106 >

(1) Second, third and fourth class municipalities may issue a license granting the exclusive right to collect and dispose of garbage within the municipality.  (2) Such a license may be issued for a term exceeding one year but may not be made binding upon the city for a period beyond the term of the board which grants the license.  (3) The municipality may prescribe the service rates to be charged.  (4) A reasonable annual license fee may be set at either a fixed sum or a percentage of the gross receipts of the licensee.

AGO 1962 NO. 185 >

(1) Cities of the second, third and fourth class may issue a license which grants to the recipient the nonexclusive right to collect and dispose of garbage within a municipality.(2) There is no requirement under state law that a license be issued on an annual basis, but no licensing system can be established which would in any way restrict the future discretion of the city council in the exercise of its police power to protect the public health.(3) The city may establish the rate which a garbage collector may charge a customer.(4) The city council may establish the annual license fee at either a fixed sum or a percentage of the gross receipts of the licensee provided the amount fixed is reasonable under the circumstances.

AGO 1956 NO. 283 >

Third class cities requiring garbage disposal service may not contract with private contractor for collection, whereby the charges are payable to the city and the private contractor paid 90% of monthly receipts, without calling for annual competitive bids and awarding contract to lowest responsible bidder under RCW 35.23.352.