Legal tussle over cleaning cans

COEUR d’ALENE — The city’s garbage collector has sued a startup company that wants to clean curbside garbage cans as they sit at the end of driveways across neighborhoods in Coeur d’Alene.

Coeur d’Alene Garbage filed suit this week in First District Court for more than $10,000 in damages. The suit would prohibit Eco-Wash Solutions Northwest, a local company that pressure washes garbage receptacles throughout Kootenai County, from using its equipment, including a specialized truck, to wash the 60,000 garbage cans owned by Coeur d’Alene Garbage.

Eco-Wash’s specialized truck, according to the company’s website, follows the city garbage truck from bin to bin through neighborhoods, washing the just-emptied cans.

After a receptacle is emptied by the Coeur d’Alene Garbage truck, the Eco-wash truck with its own special arm hoists garbage cans to an on-board pressure wash station where the can is cleaned before being replaced curbside.

“Our service is easy for you!” the Eco-Wash website exclaims. Introductory prices start at $14.99 for three washes, according to the website.

But Coeur d’Alene Garbage alleges in the lawsuit that it prohibited Eco-Wash from handling any of its green and blue trash and recycle receptacles.

Coeur d’Alene Garbage owner Phil Damiano discouraged the owners of Eco-Wash from moving forward with plans to handle the rubbish cans, according to the suit. Damiano reiterated his concerns in a letter.

“Let me be clear: I do not give my permission to you to handle my property … with your equipment,” Damiano wrote, according to court records.

But Eco-Wash “commenced using its … specialized vehicle to perform its cleaning process on plaintiff’s receptacles, without plaintiff’s consent or permission,” according to the suit.

One of Eco-Wash’s team members allegedly told Damiano that the company wanted his approval but will move ahead with their garbage can washing plan without it, because Eco-Wash’s owner “Continues to hear from residents wanting his service,” according to the suit.

The suit alleges Eco-Wash’s “conduct to date constitutes a trespass to the chattels,” or personal property, of Coeur d’Alene Garbage.

Eco-Wash’s attorneys equate their service to a carpet cleaning company hired by a renter to clean carpet he or she doesn’t own.