A) Except as otherwise provided in this chapter, it shall be unlawful for any person other than the franchise holder under the provisions of §50.30 below to provide solid waste management service in the city for compensation.
(B) Nothing in this franchise shall:
(1) Prohibit a federal or state agency that collects, stores, transports or disposes of waste, solid waste or recyclable materials, or those who contract with the agencies to perform the service, but only insofar as the service is performed by or for the federal or state agency;
(2) Prohibit any person in the city from hauling his own waste, solid waste or recyclable materials in a lawful manner; provided, however, that no person will be permitted to haul the waste, solid waste or recyclable material for any other person or firm;
(3) Prohibit a generator of source separated recyclable material from selling or exchanging material to any person for fair market value for recycling or reuse;
(4) Prohibit any person from transporting, disposing of or resource recovering, sewage sludge, septic pumpings or cesspool pumpings;
(5) Prohibit any person licensed as a motor vehicle wrecker from collecting, transporting, disposing of or utilizing motor vehicles or motor vehicle parts;
(6) Prohibit any person transporting solid waste through the city that is not collected within the city;
(7) Prohibit a contractor registered under ORS Chapter 701 from hauling waste created in connection with the demolition, construction or remodeling of a building or structure or in connection with land clearing and development.The waste shall be hauled in equipment owned by the contractor and operated by the contractor's employees;
(8) Prohibit the collection, transportation and reuse of repairable or cleanable discards by private charitable organizations regularly engaged in the business or activity and not engaged in the regular business of collection of putrescible solid waste;
(9) Prohibit a non-profit charitable, benevolent or civic organization from collecting recyclable materials provided that the collection is not a regular or periodic business of the organization.The organizations shall comply with all applicable provisions of this chapter;
(10) Prohibit a person from transporting or disposing of waste that is produced as an incidental part of the regular carrying on of the business of janitorial service, gardening or landscaping service, or rendering.(These sources do not include the collection, transportation or disposal of accumulated or stored wastes generated or produced by other persons.); and
(11) Require franchisee to store, collect, transport, dispose of or resource recover any hazardous waste as defined by or pursuant to ORS Chapter 466; provided, however, that franchisee may engage in a separate business of handling the wastes separate and apart from this franchise and chapter.
(Ord. 1851, passed 8-8-94)Penalty, see § 50.99
Unless exempted by §50.15 or franchised pursuant to this chapter, no person shall:
(A) Solicit for service customers;
(B) Advertise the providing of service; or
(C)Transport solid waste other than his own.
(Ord. 1851, passed 8-8-94 Penalty, see § 50.99)
In addition to and not in lieu of compliance with ORS Chapter 459 and other applicable laws and regulations:
(A) Customers shall take appropriate actions to ensure that hazardous materials, chemicals, paint, corrosive materials, infectious waste or hot ashes are not put into a can, cart, container or drop box.When materials or customer abuse, fire or vandalism causes excessive wear or damage to a cart, container or drop box, the cost of repair or replacement may be charged to the customer.
(B) No unauthorized person shall place materials in or remove materials from a solid waste collection container without permission of the owner of the container.For the purpose of this section, the franchisee is the “owner” of containers supplied by franchisee.Persons to whom the franchisee supplies containers shall be authorized persons within the meaning of this section.
(C) No unauthorized person shall remove solid waste placed out for collection and resource recovery.
(D) Unless permitted by the franchisee, no person shall install or use any container over 32 gallons in capacity for pickup by franchisee other than those supplied by franchisee.The purpose of this division is to insure safe equipment, sizes and weights, and facilitate franchisee utilizing the most efficient collection equipment and methods.
(E) The franchisee is not required to service an underground container unless the person responsible for it places the container above ground prior to the time for collection.
(F) Each customer shall provide safe access to the solid waste container or wastes without risk or hazard to franchisee's employees, the public or franchisee.
(G) No container designed for mechanical pickup shall exceed safe loading weights or volumes as established by the franchisee to protect service workers, the customer, the public and the collection equipment.
(H) No container designed for manual pickup shall exceed 32 gallons in size or 60 pounds in weight when loaded and 18 pounds when empty. The containers shall be made of metal or be solid, fireproof, rodent proof and not be subject to cracking or splitting, and have proper handholds and bails. Containers must be kept in good condition by customer.
(I) Customers using mechanically emptied containers furnished by franchisee shall provide a smooth, level, hard-surfaced area approved by the franchisee for the container.
(J) Unless special service or service equipment is provided by the franchisee for handling unconfined waste, materials such as rubbish and refuse, brush, leaves, tree cuttings and other debris for manual pickup and collection shall be in securely tied bundles or in boxes, sacks or other receptacles, and solid waste so bundled, tied or contained shall not exceed 60 pounds in weight.
(K) Where a customer requires an unusual volume of service or a special type of container requiring substantial investment in equipment, the franchisee may require a contract with the customer as necessary to finance and assure amortization of the equipment.The purpose of this provision is to assure that the equipment does not become a charge against other rate payers who are not benefitted. In no event shall the contract be in effect longer than this chapter.
(L) Stationary compacting devices for solid wastes shall comply with federal and state safety standards and provide adequate protection to the user and franchisee.
(M) Any vehicle used by a person to transport solid waste shall be so loaded and operated as to prevent the wastes from dropping, sifting, leaking, blowing or otherwise escaping from the vehicle onto any public right-of-way or lands adjacent.
(N) No person shall block access to any container or drop box or roll off box supplied by franchisee.
(O) Every person who generates or produces solid waste shall have removed all putrescible solid waste at least every seven days.More frequent removal may be required where a facility or service involves the public health.All solid waste shall be removed in sufficient frequency as to prevent health hazards or pollution.
(P) All putrescible materials shall be stored in manually emptied containers supplied by the generator or producer or in mechanically emptied containers or drop boxes supplied by the franchisee.When manually or mechanically emptied containers are used, they shall be covered except during loading and emptying.When drop boxes are used, all putrescible materials shall be placed in plastic bags and tied.
(Q) The producer or generator of solid waste shall clean containers and shall keep the area around the container free of accumulated solid waste or wastes. The franchisee shall provide maintenance as required to containers supplied by franchisee.For containers supplied by customer, plastic liners are recommended but not required.
(R) Approved disposal methods shall be as follows:
(1) No person shall burn, dump, bury, collect, remove or in any other manner dispose of solid waste upon any street, alley, public place or private property within the city except as provided in this chapter.
(2) Wastepaper, boxes, rubbish and debris, brush, leaves, grass, wood and cuttings from trees, lawns, shrubs and gardens (but excepting paper, cardboard or wood containers in commercial quantities) may be burned on private property only if the method of burning is approved by the city and is done in accordance with Oregon Department of Environmental Quality rules and regulations.
(S) All putrescible solid waste must be drained of excess liquids and wrapped.
(T) Ashes will be taken only if placed in a plastic bag and tied.
(Ord. 1851, passed 8-8-94)Penalty, see § 50.99
All recyclable materials located, placed or deposited in a container, drop box or receptacle intended to be collected by the franchisee shall belong to the franchisee.It shall be unlawful for any person other than the franchisee to remove recyclable material from the receptacles, and any person removing materials in violation of this section shall be guilty of a misdemeanor and subject to the penalties defined in § 50.99.
(Ord. 1851, passed 8-8-94) Penalty, see § 50.99