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HomeMy WebLinkAboutOrdinance No. 20252 O[~INANCE NO. 20252 AN ORDINA'NCE CONCERNING SOLID WASTE, YARD DEBRIS AND RECYCLING, AND AMENDING SECTIONS 3.005, 3.245, 3.247, 3.250, 3.270, AND 4.855 OF THE EUGENE CODE, 1971; AMENDING AND RENUMBERING SECTIONS 3.265, 3~275, AND 3.284 OF THAT CODE; AND REPEALING SECTIONS 3.260, 3.272, AND 3.282 OF THAT CODE. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Sections 3.005, 3.245, 3.247, 3.250, 3.270 of the Eugene Code, 1971, are amended, Sections 3.260, 3.272 and 3 ~282 of that Code are repealed, and Sections 3.265, 3.275 and 3.284 of that Code are amended and renumbered 3.248, 3.260, and 3.249 respectively, as 5ollows: 3.005 For the purposes of this chapter, the following words and phrases shall mean: Solid Was~Yard Debris and Recy~l~: Collection route. Any public or private street, road or alley that is suitable -fbr motorized vehicle travel and that is either used by the public, or abuts parcels of real estate occupied by not less than four of a licensee's residential solid waste collection customers. Collector. The person Who provides collection service. Commercial. Stores; offices, including manufacturing and industrial offices; restaurants; multi-family dwellings; warehouses; schools; colleges and universities; hospitals; and other industrial~ manufacturing and non- manufacturing entities; but does not include business activities conducted in residential dwellings. Compensation. Compensation includes: (a) Any type of consideration paid for service including, but not limited to, rent, the proceeds fkom resource recovery, any direct or indirect provision for the payment of money, goods, services or benefits by tenants, lessees, occupants or similarly situated persons; (b) The exchange of service between persons; and (c) The flow of consideration fi~om a person owning, possessing or generating solid waste to another person who provides services or from a person providing services to another person owning, possessing or generating sol~d waste. Ordinance- 1 Curbside. When used with reference to residential waste and recycling collection, curbside is that area abutting a collection route that is within three feet of the curb or other line of demarcation of the edge of the collection route. A curbside area may be within the apron of a residential customer's driveway if no other useable curbside space is availa'ble. Curbside space does not include any area within a public or private roadway, including any portion of the roadway used for vehicle parking or as a bicycle lane. Curbside collection. The collection of solid waste or recyclables placed at a curbside location. Customer. Those persons to whom a licensee provides collection service of solid waste, recyclable materials or yard debris. Licensee. The person to whom a solid waste collection license is granted by the city pursuant to this code, to provide service and solid waste management service for compensation, or the person to whom a recycling collection license is granted by the city pursuant to this code, to provide collection of recyclable materials. Multi-family dwelling. A building or group of buildings on a single development site used for occupancy by three or more families, living independently of each other and having separate housekeeping facilities for each family. Person. The United States, the state or apublic or private corporation, local government unit, public agency, individual, partnership, association, trust, firm, estate or other private legal entity. Rate. The fee set by administrative rule that collectors are allowed to charge their customers. Recyclable materials. Any material that still has or retains useful physical, chemical, or biological properties a~er serving its original pm'pose(s) or function(s), and is separaled from solid waste that will be transported to a transfer station or landfill, either by the generator or at the material recovery facility. Rcgyc!ing. Any process by which solid waste materials are transformed into new products in a manner that the original products may lose their identity. Refuse. Solid waste as defined in this code. Residence. Any dwelling unit in the city that is a duplex or smaller where at least 50 percent of the use of the building is residential, regardless of whether it has solid waste collection in individual cans, carts or containers. The term "residence" does not include any multi-family dwelling as defined in this section. Residential. Of or pertaining to a residence as defined in this section. Service. The provision of collection, transportation or disposal of solid waste, residential recycling, or yard debris. Ordinance - 2 Solid waste. All putrescible and non-putrescible wastes, including, but not limited to, garbage, rubbish, refuse, ashes, paper and cardboard, useless or discarded commercial, industrial, demolition and construction materials, manure, vegetable or animal solid and semisolid materials, dead animals and infectious waste as defined in ORS 459.386. Excluding discarded or abandoned vehicles or parts thereof; sewage, sludge, septic tank and cesspool pumpings or other sludge; discarded home or industrial appliances; hazardous wastes as defined in ORS 466.005; materials used as ~rtilizers or for other productive purposes; recyclabte materials which have been source separated lbr collection. Solid waste collection license. A license which allows the holder to provide collection of solid waste, yard debris, or recyclables within the city limits of Eugene. Solid waste collector. The person who provides solid waste, yard debris, or recyclable collection service on a regular, recurring schedule. Source separate. To separate recyclable materials from solid waste by the person who last uses the recyclable material. Vehicle. Any motorized equipment used to collect and/or transport solid waste or recyclable. Yard debris. Includes grass clippings, leaves, hedge trimmings, branches that are less than four inches in diameter and fit inside the yard debris cart, and similar vegetative waste but does not include dirt, rocks, metal, or other non-vegetative solid waste. 3~245 Solid Wa Debris and Recycling - License Required. (1) No person shall collect residential recyclables, yard debris or solid waste within the corporate hmits of the city without first obtaining a solid waste collection license for such activity in accordance with the rules adopted by the city manager under section 2.019 of this code. (2) The following persons do not require a solid waste collection license: (a) A civic, community, benevolent or charitable non-profit organization that collects, transports and markets source separated materials for resource recovery, but only for the purpose of raising funds for a charitable, civic or benevolent activity. (b) A person who transports solid waste which such person produces direclly ro a disposal site authorized by the Oregon Departmer~t of Environmental Quality or to a recycling or resource recovery facility. (c) A property owner who transports solid waste left by a tenant upon such owner's property; however, an owner of an apartment, condominium or mobile home complex of more than five traits may not provide solid waste collection service for corr~pensation for tenants on a regular or continuing basis without first obtaining a license lbr solid waste collection. (d) A contractor employed to demolish, construct or remodel a building or structure, including, but not limited to, land clearing operations and construction wastes, When collecting or transporting wastes created in connection with such Ordinance - 3 employment. (e) A person who collects recyclable materials only from commercial customers. (f) A person who performs landscaping services for a property owner or tenant and transports yard debris in his or her own vehicle. (3) Exce:pt as otherwise provided in sections 3.245 through 3.290, no other person shall provide, offer to provide, or advertise for the performance of the services provided for therein for any person or any real property in the city for compensation. 3.247 Solid Waste, Yard Debris and Recycling - Limitation on Number of Solid Waste Collection Licenses. (1) The city shall issue no more than eight licenses for the collection of solid waste, yard debris and residential recyclable materials from within the city. (2) Notwithstanding subsection (1) of this section, additional licenses for the collection of solid waste, yard debris and residential recyclable materials may be issued only upon a showing by the applicant of the need for such service in the city. The decision of the city manager o the city manager s designee on such applications shall be based on criteria addressing need contained in the rules adopted by the city manager under section 2.019 of this code. 3.248 Solid Was[e, Yard Debris and _Recycling - License Term. (1) 'Fhe rights, privileges and license granted shall be for a continuing five (5) year term subject to annual license renewal, payment of license fees, and the provisions of subsection (2) of this section, (2) l'he city manager or designee may elect to not extend a license, or all licenses, by notice in writing given to a licensee or all licensees by April 1~ In such event, the license or licenses shall have a flat license term of five (5) years remaining from the following July 1. 3,249 Solid Waste, Yard Debris ~- Subcontracts. A solid waste collection licensee shall not subcontract with another person on a regular, periodic or long-term basisto provide solid waste, yard debris, and/or recycling collection serwice under this code without the prior written approval of the city manager or designee. Approval shall be based on the ability' ofthelicensee to substantiate that the subcontractor meets all the provisions of this chapter and rules adopted hereunder applicable to the service to be provided by the subcontractor. Approval by the ci, ly manager or designee shall not relieve the licensee from responsibility for compliance by the licensee and subcontractor with the provisions of this code and the rules adopted hereunder. 3,250 Solid Waste, Yard Debris and Recycling - Administrative Powers of the Citsz ManaggL (1) The rules adopted by the city manager under section 2.019 of this code concerning solid waste and recycling licenses may address, but are not limited to: (a) Minimum identification, maintenance and sanitation standards for collectors' vehicles; (b) Minimmn standards relating to the qualifications, training and Ordinance - 4 identification of collectors' employees; (c) Minimum standards for all information to be included in collectors' records; (d) Minimum standards and procedures fbr collection service to assure quality of service to customers; (e) The estabhshment of rates for service and the procedure to be used in recommending and revising solid waste and recycling service rates; (f) The establishment of application requirements to be met before a license may be issued or transferred; (g) The establishment of application, license and license transfkr fees that allow the c~ty, at a minimum, to recover regulatory' and enforcement costs associated with solid 'waste and/or recycling collection; (h) The establishment of procedures, policies and operating practices which are required for implementation of this code; and (i) The establishment of customer responsibilities that include~ but are not limited to. payment responsibility; location of receptacles; time and manner of placement arid retrieval of solid waste: recyclable materials and yard debris receptacles; the manner in which receptacles are loaded~ and acceptable and unacceptable materials for specific receptacles, and the maximum weights for each. (2) The city manager may adopt a solid waste systems benefit fee under section 2.020 of this code, or may enter into an intergovermmental agreement with Lane County. to authorize Lane County to impose and collect within the city a solid waste systems benefit fee in the same amount that applies outside the city., to fund the cost of waste management programs and community services~ including but not limffed to recycling education, recycling drop-off f'acilities~ special waste programs and facilities, solid waste transfer sites and technical assistance services for businesses. 3.260 Solid W~s!e, Yard Rec~- Rates. (1) All collectors, except those who collect only recyclables, shall charge rates established and adjusted by administrative rule of the city manager pursuant to this chapter. (2) Licensees may request a rate adjustmem in the manner established by administrative rule of the city manager issued pursuant to provisions of this code. (3) The city manager or designee shall respond to proposed rate changes within 60 days of receipt of the request. 3.270 S ~ Yard Debris and Recyclin~ - Licensee ResponsibilitE. (1) In addition to l(he requirements of section 3.041 and other provisions of this chapter, licensees shall provide curbside recycling and yard debris collection services to their customers, and shall comply with the rules adopted by the city manager under section 2.0t9 of this code. (2) No licensee shall operate a vehicle or load or unload a vehicle so as to create a noise distm:bance that is plainly audible within any dwelling unit between 10:00 p.'m. and 7:00 a.m. the tbllowing day. Ordinance - 5 ~.ection 2~ Section 4.855 of the Eugene Code, 19717 is amended by adding anew Subsection (6) there~o, to provide: 4.855 Certain Us~es of Streets and Sidewalks Permitted. (1) Merchandise, boxes~ building materials, household goods, or other things or articles may be left on the sidewalk for not more than two hours when in the course of receipt or delivery. (2) Wood for fuel may be left in a street or alley for nor more than 36 hours if it does not obstruct the ~low o f veh/cular or pedestrian traffic. (3) Trees and shrubs w;hich are not a nuisance or an unreasonable obstruction to pedestrian or vehicular traffic may be placed and maintained on sidewalks; provided tha~ a permit to do so has been obtained from the city manager or the city manger's designate. (4) Benches may be placed on sidewalks with the permission of the city manager or the c~ty manger's designate. (5) A builder may make use ora portion of the s~reet or sidewalk when necessary for the construction of a building; provided that a permit to do so has been obtained in accordance with and subjec~ to section 5.350. (6) On designated residential waste and recycling collection da'ys~ solid waste, yard debris, and recycling containers may be placed curbside for a period of not more than 24 hours, provided the placement o£ the container(s) leaves at least three feet of the paved area of a sidewalk Unobstructed. As used in this subsection."curbside-" means that area abut~ring a collection route that is within three feet o£ the curb or other line of demarcation of the edge of the collection route. Curbside" does not include any area within a public or private street, including any portion of a s~reet used for vehicle parking or as a bicycle lane. Section 3. The City Recorder, at the request of, or with the concurrence of the City Attorney, is authorized to administratively correct any reference errors contained herein or in other provisions of the Eugene Code. 1971, to the provisions added, amended or repealed herein. Passed by the City Council this 13*~ day of May, 2002~ City Recorder Approved by the Mayor this 13"' day of May~ 2t)02. / Ordinance - 6