Revised Code of Washington
Wash. Rev. Code § 35.21.120 (2026)
✓ current as of May 2026
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A city or town may by ordinance provide for the establishment of a system or systems of solid waste handling for the entire city or town or for portions thereof. A city or town may provide for solid waste handling by or under the direction of officials and employees of the city or town or may award contracts for any service related to solid waste handling including contracts entered into under RCW 35.21.152. Contracts for solid waste handling may provide that a city or town provide for a minimum periodic fee or other method of compensation in consideration of the operational availability of a solid waste handling system, plant, site, or other facility at a specified minimum level, without regard to the ownership of the system, plant, site, or other facility, or the amount of solid waste actually handled during all or any part of the contract period. When a minimum level of solid waste is specified in a contract for solid waste handling, there shall be a specific allocation of financial responsibility in the event the amount of solid waste handled falls below the minimum level provided in the contract.
As used in this chapter, the terms "solid waste" and "solid waste handling" shall be as defined in RCW 70A.205.015.
[ 2020 c 20 s 1005; 1989 c 399 s 1; 1986 c 282 s 18; 1965 c 7 s 35.21.120. Prior: 1943 c 270 s 1, part; Rem. Supp. 1943 s 9504-1, part.]
Notes:
Severability—Legislative findings—Construction—Liberal construction—Supplemental powers—1986 c 282: See notes following RCW 35.21.156.
Contracts with vendors for solid waste handling: RCW 35.21.156.
Notes of Decisions
Cited in 7
cases, 1968–2008 · leading case: Ventenbergs v. City of Seattle, 163 Wash. 2d 92 (Wash. 2008).
Ventenbergs v. City of Seattle, 163 Wash. 2d 92 (Wash. 2008). “RCW 35.21.120 states, in relevant part, that “[a] city or town .”
City of Spokane v. Carlson, 436 P.2d 454 (Wash. 1968). “120 provides that every city or town may by ordinance provide for the establishment of a system of garbage collection and disposal for the entire city or town or for portions thereof, and award contracts for garbage collection and disposal or provide for it under the direction…”
Metro. Servs., Inc. v. City of Spokane, 649 P.2d 642 (Wash. Ct. App. 1982). “RCW 35.21.120. 1 See also Spokane v. Carlson, 73 Wn.”
Dahl-Smyth, Inc. v. City of Walla Walla, 64 P.3d 15 (Wash. 2003). “RCW 35.21.120. However, if the city takes over collection, RCW 35A.”
Dahl-Smyth, Inc. v. City of Walla Walla, 148 Wash. 2d 835 (Wash. 2003). “RCW 35.21.120. However, if the city takes over collection, RCW 35A.”
Ventenbergs v. City of Seattle, 178 P.3d 960 (Wash. 2008). “RCW 35.21.120 states, in relevant part, that "[a] city or town .”
Dahl-Smyth, Inc. v. City of Walla Walla, 38 P.3d 366 (Wash. Ct. App. 2002). ““Measurable damages” is not defined in the statute. Like other municipalities, Walla Walla is authorized by statute to establish a waste collection system.”
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