Loading...
HomeMy WebLinkAboutOrdinance No. 19603ORDINANCE N0. :~96Q3 AN ORDINANCE RELATING TO SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY; EXTABLISHING LICENSING PROCEDURES FOR COLLECTING, TRANSPORTING AND CONVEYING SOLID WASTE AND RECYCLABLE MATERIALS UPON THE STREETS WITHIN THE CITY; AMENDING SECTIONS 2.OI3, 2.235, 2.240, 3.005, 3.245, 3.250, 3.260, 3.265, 3.270, 3.275, 3.292, AND 3.995 OF THE EUGENE CODE, 191I; ADDING SECTIONS 3.241, 3.212, AND 3.254 TO THAT CODE; REPEALING SECTIONS 3.255 AND 3.280 OF THAT CODE; PROVIDING THE REVOCATION DATE OF CURRENT LICENSES; REPEALING ORDINANCE N0. I9419; AND DECLARING AN EMERGENCY. The City Council of the City of Eugene finds that: It is declared to be the public policy of the City of Eugene to regulate solid waste collection to: I. insure safe, economical, and comprehensive solid waste collection service; 2. Insure service rates and charges that are just and reason- able and adequate to provide necessary public service through the establishment of aminimum-maximum rate range, the maximum to be no greater than 10% above the minimum; 3. Insure that curbside recycling is provided to each solid waste collection service customer within the City of Eugene by and through the solid waste collectors; 4. Recover regulatory and enforcement costs of administering the prOVisions of the Eugene Code, I97I adopted or amended herein; and 5. Encourage collection practices that reduce the amount of solid waste entering the wastestream. The regulations contained herein are in compliance with and in further- ance of Section 433} of the Eugene Charter of I976 which prohibits the granting of an exclusive citywide franchise to haul solid waste. Ordinance - I NOW, THEREFORE, based upon the above findings, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The table of boards, cammissions and committees set forth in Subsection ~1} of Section 2.013 of the Eugene Code, 1971, is amended to provide: 2.013 Cit Council - Boards, Commissions and Committees. ~1} Solid Waste and Rec clip Board No, of Members: 5 1 ex-officio Term: 2 years Appointment Process: Mayer nominates, Council appoints AutharTty: EC 2.235 Section 2. Sections 2.235 and 2.240 of the Eugene Code, 1971, are amended to provide: 2.235 Solid Waste and Rec c1in Board -Created. There is hereby created a solid waste and recycling board for the city that shall be com- prised of five eating members, and one ex-officio member knowledgeable in the area of solid waste disposal. Of the five voting members, one shall be rep- resentative of the solid waste and recycling collection industry. Members shall be nominated by the mayor and appointed by the council to serve for a two-year term. Al 1 members shat 1 serve without compensation . 2.240 Solid Waste and Rec clin Board - Powers and Duties. The board shall meet at the request of the city manager or designee or upon request of three of the five voting members of the board, and shall have the fallowing powers and duties: ~a} To propose to the city manager new or revised rules necessary to implement this code. ,fib}. Upon request of the city manager or designee, to review appl~cat~ons, renewal or extension applications, performance of licensees, fee and/or rate revision requests, and complaints, and to make a written report to the city manager or designee of its findings. . ~c} Such other duties as requested by the city manager ar designee. Section 3. The caption and definitions set forth in Section 3.005 of Ordinance - 2 the Eugene Code, 1971 for "Refuse and Recycling" are amended to provide: 3.005 Definitions. For the purposes of this chapter, the following words and phrases shall mean: Solid Waste and Rec clip Board. Eugene solid waste and recycling board. Collector, The person who provides collection service. Com~ensat.ion, Compensation includes: Via} Any type of consideration paid for service includ- ing, but not limited to, rent, the proceeds from 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 ~c7 The flaw of.consideration from 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 solid waste. Curbside collection. The collection of solid waste or recyl- ables placed at a curbside location. Licensee. The person to whom a solid waste collection license is granted by the city pursuant to this code, to pro- v~de service and solid waste management service for compensa- tion, or the person to whom a recycling collection license is granted by the city pursuant to this code, to provide collection of recyclable materials. Limited solid waste collection license. A license which a]lows the holder to provide collection of solid waste and/or recyclables within the city limits on specified days of the week, not to exceed two days each week. Unless otherwise specified, all provisions of sections 3,245 to 3.284 of this code that apply to a solid waste collection license apply to a limited solid waste col- ]ection 1 icense. Berson. An individual, partnership, association, corpora- tion, trust, firm, estate or other private legal entity, Rate. The monthly fee set by administrative rule that collec- tors are allowed to charge their customers. R~c1 ab~ a material s. Materials which have been separated from so] id waste and can ~be recovered as useful materials and are properly prepared for the purpose of recycling. Rec clin . The process of recovering useful material from solid waste, including items for reuse. Rec clip collector. The person wha provides residential recycling collection service but who does not provide solid waste collection service. Refuse, Solid waste as defined in this code. Service. The provision of collection, transportation or disposal of solid waste or curbside recycling. Solid waste. All putrescible and non-putrescible wastes, including residential, commercial, industrial, demolition and construction wastes. Excluding discarded or abandoned vehicles Ordinance - 3 or parts thereof; sewage, sludge, septic tank and cesspool pump- ings or other sludge; discarded home ar industrial appliances; hazardous wastes as defined in ORS 466.005; materials used as fertilizers or for other productive purposes; recyclable mater- ials which have been source separated for collection. Solid waste collection license. A license which allows the holder to provide col 1 ect i on of so] i d waste or recycl abl es wi th i n the city limits of Eugene. Solid waste collector. The person who provides solid waste collection service on a regular, recurring schedule. Source se crate. To separate recyclable materials from solid waste at the waste source. vehicle. Any motorized equipment used t0 col]ect and/or trans- port solid waste or recyclables. 5ectian 4. Sections 3.245, 3.250, 3.260, 3.265, 3.210, 3.275, 3.282, and 3.995 of the Eugene Code, 1971 are amended Sections 3.247, 3.272, and 3.284 added thereto; and Sections 3.255 and 3.280 thereof are repealed, all to provide: Solid Waste and Rec clin 3.245 Solid Waste and Rec clin -License Re wired. ~1} No person shall operate as a recycling collector ar solid waste collector within the corporate limits of the city without first obtain- ing a collection license for such activity. ~2} The fall owl ng persons do not require a sal id waste col 1 ecti on license: ~ a} . A civic, community, benevv1 ent or charitable non-prof i t organ~zat~on that collects, transports and market source separates materials for resource recovery, but only far the purpose of rais- ing funds far a charitable, civic or benevolent activity. fib} A person who transports solid waste which such person produces directly to a disposal site authorized by Lane County Waste Management Division 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, but an owner of an apartment, candom~n~um ar mobile hone complex of more than five units may not provide solid waste collection service far compensation for tenants on a regular or continuing basis without first obtaining a license for solid waste collection. ~d} A person who engages in the occupation of a demolition or construction contractor or landscaper for a property owner or tenant in the city and who produces thereby small volumes of solid waste as a result of such work fora property owner or tenant in the city, may transport such solid waste in such person's own Ordinance - 4 equipment where the solid waste produced is incidental to the particular job the person is performing. ~3} Except as otherwise provided herein, no other person shall provide, offer to provide, or advertise for the performance of service or solid waste collection service for any person or any real property in the city for compensation. 3.247 Solid waste and Rec c1 in -Limitation on Number of Sa1id Waste Collection Licenses. ~1} Licenses for the collection of solid waste shall be issued only to those licensees currently providing solid waste collection service ~n the city and who have provided such service since January 1, 1989. ~2} Additional licenses for the collection of solid waste shall be issued only upon a showing by the applicant to the solid waste and recycling board of the need far such service in the city. The board will base its recommendation on such applications on criteria consisting of, but not limited ta: ~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 in solid waste technology and/vr recycling collection technology which could materially improve collection service or reduce collection costs to city residents; fie} Changes in federal and/or state laws, rules or regu- lations which materially affect solid waste or recycling collection requirements; and ~f} Inability of current ]icensees to adequately handle increased needs for service. ~3} After reviewing the board's recommendation, the city manager or designee may approve or deny a request for an additional license for the col 1 ecti on of solid waste. No additional 1 imi ted licenses shat 1 be issued. ~4} If a license is terminated ar forfeited, that license shall not be rertissued and the total number of licenses shall be reduced. 3.250 Solid Waste and Rec clin -administrative Powers of the Cit Ma_ Hager. ~1} The rules adopted by the city manager under section 3.015 of this code concerning solid waste and recycling licenses may address, but are Hat limited to: ~a} Minimum identification, maintenance and sanitation stand- ards for collectors' vehicles; fib} Minimum standards for all information to be included in collectors' records; ~c} Minimum standards regarding curbside collection of recycl abl es for al 1 solid waste col 1 ecti on customers; ~d} The establishment of minimum and maximum rates for ser- vice and the procedure to be used in recommending and revising solid waste and recycling service rates; fie} The establishment of application requirements to be met before a license may be issued or transferred; Ordinance - 5 ~f} The establishment of application, license and license transfer fees that allow the city, at a minimum, to recover regu- latory and enforcement costs associated with salid waste and/or recycling collection; and, fig} The establishment of procedures, policies and operating practices which are required far implementation of this code. ~2} The city manager, or designee shall have the authority to convene the solid waste and recycling board. 3.260 Solid Waste and Rec clip -Review of A lication. In reviewing an application, the city manager or designee may: ~a} Inspect and test all of the applicant's vehicles; and fib} Request the solid waste and recycling board to review the,application,and make a written report to the city manager or designee regarding the ability of the applicant to meet the requirements of this chapter. 3.265 501 i d Waste and,,, Rec~ycl i nq - ,L,i cens_e. Term. ~1} The rights, privileges and license granted shall be fora con- tinuing five,~5} year term providing the licensee notifies the city manager yr designee ~n wr~t~ng by December I of each year that the licensee elects to extend the license, and subject to the provisions of subsections ~2} and ~3} of this section. ~2} In the event a licensee fails to provide notice to the city manager or designee as required in subsection ~1}, within the time required, or, if a licensee notifies the city manager or designee in writing by Decem- ber I of any license year that the licensee does not elect to extend the license term, the remaining term for that licensee shall be for a period of four ~4} years from December 3I of that year. ~3} The city manager or designee may elect to not extend a license, or all licenses, by notice ~n writing given to a licensee ar all licensees by October 1. In such event, the license ar licenses shall have a flat license term of five ~5} years remaining from the following January 1. 3.270 Solid Waste and Rec clip -Licensee Res onsibilit . ~1} In addition to the requirements of section 3.04I, each licensee shall: ~a} Dispose of solid waste at sites authorized by Lane County Waste Management Division, except that solid waste to be used far agricultural or feeding purposes or recyclables shall be disposed of ~n the manner appropriate to future use in compliance with ORS Chapter 459 and any rules or regulations adopted pursuant to such statute. ,fib} Provide to the city manager ar designee proof of any and al l ~ nsurance required by rules issued pursuant to this code. ~c} Give the city manager or designee at least sixty X60} days.priar notice in writing of any change in services offered or service area. ~d} Transport all solid waste and recyclables in a manner so as to minimize odor and to keep solid waste yr recyclables Ordinance - 6 from dropping, spilling yr blowing from the vehicle. ~2} In the event severe weather conditions make it necessary for a limited licensee to provide collection service on a day other than that specified in the license, the limited licensee must inform the city of that fact on the first working day following the severe weather condition. 3.212 Solid Waste and Rec clip -Rec clip Re uirement. Each solid waste collector shall provide curbside recycling service to each of its residential solid waste collection customers. 3.275 Solid Waste and Rec c1in -Rates. ~ 1 } All collectors, except thaw who collect only recycl abl es, shall charge at least the minimum and no more than the maximum rate estab- by administrative rule of the city manager pursuant to this chapter. ~2} ,The minimum-maximum monthly rate range shall be established by adm~n~strat~ve rule of the city manager after consideration of the follow- . ~ng• ~a} Rates charged for collection services in other cities in Oregon; fib} The most recent January Consumer Price Index CPI-W} Portland, Oregon; ~c} Costs and revenues associated with providing curbside recycling service and the ability of a rate structure to encourage recycling; ~d} A minimum rate sufficient to provide a reasonable rate of return above the average cost of all licensees providing the collection service; ,fie} The anticipated change in the cost of providing this service; and ~f} The need for equipment replacement and the need for adds t~ onal equ~ pment to meet service needs and to be i n compl i - ance with federal, state and local law. ~3} The city manager or designee shall refer proposed changes or additions to the rate schedules to the solid waste and recycling board for its review. The board shall respond to the city manager or designee within 30 days of submission of the proposal with its written comments and recom- mendations. ~4} After reviewing the board's recommendation, or if the board fads to respond w~th~n the time specified in subsection ~3} of this section, the city manager or designee may effect the change to the rate schedules as initially proposed, may modify the changes in response to the board's recom- mendat~on or comments, ar may determine not to implement the proposed changes. ~5} The rates for service under this code currently in effect on February 8, 1989 shall remain in effect until a change in rates is established by administrative rules issued pursuant to this code. 3.282 Solid Waste and Rec clin -Limitations. ~1~ No solid waste collection licensee shall operate a vehicle in the Eugene Pedestrian Mall, as defined in section 5.010 of this code, from 7:45 a.m. to 9:15 a.m., or from 4:OO p.m. to 6:00 p.m., Monday through Friday, ordinance - 7 unless the licensee obtains express permission from the city manager or designee. The city manager or designee may grant permission to allow collec- t~on of construction, demolition or restaurant debris if the public health or safety so requires. ~ 2 } No 1 i censee shat 1 operate a veh i cl a or 1 oad or unload a vehicle so as t4 create a noise disturbance that is plainly audible within any dwelling unit between 10:00 p.m. and 1;4o a,m. the following day. 3.284 Solid Waste and Rec clip .. Subcontracts. A solid waste collection licensee shall not subcontract with another person on a regular, periodic or long-term basis to provide solid waste and/or recycling col l ec- tion service under this code without the prior written approval of the city manager or designee, approval shall be based on the ability of the licensee to substantiate that the subcontractor meets all the provisions of this chap- ter and rules adapted hereunder applicable to the service to be provided by the subcontractor, Approval by the city manager or designee shall not re- lieve the licensee from responsibility for compliance by the licensee and subcontractor with the provisions of this code and the rules adopted here- under. 3.995 Penalties - General. violation 4f any other provision in this chapter shall be punishable by a civil penalty not to exceed $504.00. Each day that a violation continues to exist shall constitute a separate offense. Section 5. 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, 1911 to the provisions added, amended or repealed herein. Section 6. Notwithstanding the provisions of Section 8 of this Ordi- Hance, currently issued Refuse and Recycling licenses shall remain valid until March 31, 1989, and ail such licenses shall be revoked as of apri] 1, 1989. Commencing with the effective date of this Ordinance, and ending at the close of business an March 1, X989, applications for Solid Waste and Recycling licenses shall be accepted by the City Manager or designee from current Ref use and Recycling licensees, or new applicants, i n the manner provided herein, and licenses issued thereunder shall become effective April 1, 1989. Ordinance - 8 Section 7. Pursuant to the provisions contained herein, the City Manager has advised that he will adept Temporary Administrative Rules incorporating the existing minimum rates that collectors may charge their customers for service as set forth in Ordinance No. 19479 adopted by the Council and approved by the Mayor on June 8, 1987, and Ordinance Na. 19419 is therefore hereby repealed. Section 8. That the matters contained herein concern the public health, safety and welfare and therefore, an emergency is hereby declared to exist, and this Ordinance shall become effective immediately upon its passage by the City Council and approval by the Mayor, except as provided in Section 8 of this Ordinance with respect to the continuation of and date of revocation of currently issued Refuse and Recycling licenses. Passed by the City Council this 13th day of February, 1989 1,~r.-~-. ~ ,~ City Recorde Approved by the Mayor this 13th day of February, 1989 ~ ~' ~~ Mayor Ordinance - 9