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Home My WebLink AboutOrdinance No. 19982ORDINANCE NO. 1998'2 AN ORDINANCE CONCERNING SOLID WASTE AND RECYCLING; AMENDING SECTIONS 3.245, 3.241, 3.250, 3.2fi0, 3.210, 3.212, 3.215, AND 3.282 OF THE EUGENE CODE, 1911; AND ADDING A NEW SECTION 3.080 TO THAT CODE. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Subsection ~1} of Section 3.245 of the Eugene Code, 1911, is amended to provide . _. ' __ _ y ,~, ~ i ng -License Required . S o_ __ _~ Waste a n _ R,e c' c , ~~...._„ ~_~.~~~.,,,.~~,~~~.~.~,~~~~.~.~..., ~1} No person shall operate as a residential recycling collector ar solid waste collector within the corporate 1 i mi is of the city wi thaut first obtaining a collection license for such activity. Section 2. Section 3.241 of the Eugene Code, 1911, is amended to provide: 3.241 Solid Waste and Rec clin -Limitation on Number of Solid Waste Collection licenses. ~ 1 } Licenses for the col 1 ecti on of sal id waste shal 1 be i sued only to those licensees currently providing solid waste collection service in the city. ~2} Additional 1 icenses for the collection of sol id waste shall be issued only upon a showing by the applicant of the need for such service in the city. The decision of the city manager or the city manager's designee on such applications shat 1 be based on criteria consisting of , but not 1 i mi ted to: ~a} Increase in city population; . fib} Extension of city boundaries; ~c} Increase of intensive residential, commercial or industrial development within the city boundaries; ~d} Changes . i n solid waste technology and/or recycling call ect i on technology which could material 1 y improve col 1 ecti on service or reduce col 1 ecti on costs to city residents; fie} Changes in federal and/or state laws, rules or regulations which materially affect solid waste Dr recycling col 1 ecti an requ.i rements; and ~ f } Inability of current 1 i censees to adequately handl e increased needs for service. ~3} After reviewing the application, the city manager or designee may approve or deny a request ,for an additional 1 icense for the collection of solid waste. No additional limited 1 icenses shall be issued. ~4} If a 1 i cense i s termi Hated or forfeited, that l i cense shall not be re-issued and the total number of 1 i censes shat 1 be reduced. Section 3. Sections 3.250, 3.2fi0, and 3.210 of the Eugene Code, 1911, are Ordinance - 1 amended to provide : 3.250 Solid waste and Rec clip - Administrative Powers of the Cit Mona er, The rut es adopted by the city manager under section 2.019 of this code concerning solid waste and recycling 1 icenses may address, but are not limited to: ~a} Minimum identification, maintenance and sanitation standards for col 1 ectors' veh i c1 es; t b} Minimum standards far all i of armat i on to be included i n collectors' records; ~c} Minimum standards regarding curbside collection of recycl ab1 es for all solid waste collection customers; ~d} The establishment of minimum and maximum rates far service and the procedure to be used in recommending and revising sal ~d waste and recycl Ong service rates; fie} The establishment of application requirements to be met before a 1 i cense may be issued or ~ transferred; ~ f } The establishment of application, 1 i cense and license transfer fees that allow the city, at a mi nimum, to recover regulatory and enforcement costs associated with solid waste and/or recycling collection; and, fig} The establishment of procedures, pot i ci es and operating pract ~ ces wh ~ ch are requ ~ red far i mp1 ementat i on of this code . 3.260 Solid waste and Rec cl in -Review of A l ication. In reviewing an application, the city manager or designee may: ~a} Inspect and test all of the applicant's vehicles; ~ b} Verify insurance; ~c} Review complaint history for the previous year; ~d} Perform background checks an owners to determine compliance with the provisions of secti an 3.050 of this code; and fie} Consider other factors that reflect on the applicant's ability to meet 1 ocal , state and federal requirements. 3,2TV Solid waste and Rec cl in -licensee Res onsibil it . In addition to the requirements of section 3.041, each 1 icensee shall: ~ a} Dispose of solid waste at sites authorized by Lane County waste Management Division, except that solid waste to be used for .agricultural or feeding purposes or recyclables shall be disposed of i n the manner appropriate to future use i n compliance w~ th ORS Chapter 459 and any rules or regulations adopted pursuant to such statute. fib} Provide to the city manager or designee proof of any and all insurance required by rules issued pursuant to this code. ~c} Give the ~ city manager or designee at least sixty X60} days prior notice in writing of any change in services offered. ~d } Transport all sol i d waste and recyclables i n a manner so as to minimize odor and to keep solid waste ar recyclables from dropping, spi 11 i ng or blowing from the vehicle. Ordinance - 2 Section 4, Subsection ~3 } ~ a} of Section 3.212 of the Eugene Code, 1911 ~ s amended, and a new Subsection ~4} added thereto, to provide: 3.212 Solid Waste and Rec clip -Rec clip . ~3} As part of a program to educate and inform customers with respect to reducing, reusing and recycling material , each solid waste col 1 ector shall provide: € a} Recycling notification and educational packets for al l new residential and commercial collection customers specifying the materi al s col l ected, co11 ecti on schedule, and materi a1 s preparation and recycling benefits; and ~4} Each solid waste collector shall provide recycling service to each of its commercial sal id waste customers. Section 5. Subsections ~5} of Section 3,215 of the Eugene Code, 1911 is repealed, and Subsections ~3} and ~4} thereof are amended, tv provide: 3.215 Solid Waste and Rec cl i n -Rates . ~3} Licensees may request a rate adjustment in the manner established by administrative rule of the city manager issued pursuant to prove si ons of the s code. ~4} The city manager or designee shall respond to proposed rate changes within 60 days of receipt of the request. Section 6. Subsection ~1} of Section 3.282 of the Eugene Code, 1911, is amended to provide: 3.282 „Solid Waste „and, Recy_c,,,„~ n,g~,Li m ta,t i ons . r ~ 1 } No sol i d~ waste collection ~ i censee shall operate a veh i cl e i n the Eugene Pedestrian Mall , as defined i n section 4.811 of this code, between 10:04 a.m. and 5:44 p.m, unless the licensee obtains express permission from the city manager or designee. Each sot i d waste collector shall obtai n a mal 1 vehi cl e access permit before operat i ng a veh i cl e i n the Eugene Pedestrian Mall . The city manager or designee may grant permission to allow collection of construction, demolition or restaurant debris i f the pubs i c health or safety so requires . Section 7. Anew Section 3.080 is added to the Eugene Code, 1911, to prOVide: 3.080 Business licenses - A~ea~. Unless a different procedure is s ec ~ f i , ~.~~~~~,~ ~_,.,.~...~. p ' ed I i n anothler section of this chapter, any persona ri sued . . 99 by an adm~n~strative action taken pursuant to this chapter may appeal the action within the time and in the manner provided in section 2.021 of this code. Ordinance - 3 Section 8. The City Recorder, at the request of, or with the concurrence of the City Attorney, may administratively correct any reference errors contained herein, or in other provisions of the Eugene Code, 1911, to the provisions added, amended or repealed herein. Passed by the City Counc i 1 th i s 12t ay of September, 1994 City Recor er Approved by the Mayor th i s _r~~~a day of September, 1994 Mayor ordinance - 4