Chapter 13.20 SOLID WASTE MANAGEMENT

This chapter shall be known as the “Solid Waste Management Ordinance” and may be so cited and pleaded and shall be cited herein as the chapter. [Ord. 606 § 1A, 1980]

13.20.020 Purposes, policy and scope.

It is declared to be the public policy of the city of Burns to regulate solid waste management to:

(1) Ensure safe, efficient, economical and comprehensive solid waste service.

(2) Ensure fair and equitable consumer rates and to prohibit rate preferences or other practices that might be discriminatory.

(3) Conserve energy and material resources, reduce solid wastes and promote material and energy recovery in all forms.

(4) Provide for technologically and economically feasible resource recovery by and through the franchisee on a first option basis.

(5) Protect public health and the environment.

(6) Provide public service standards.

(7) Protect against improper and dangerous handling of hazardous wastes.

(8) Provide a basis and incentive for investment in solid waste equipment, facilities, sites and technology. [Ord. 606 § 1B, 1980]

13.20.030 Definitions.

(1) “City” means the city of Burns.

(2) “Council” means the common council of the city of Burns.

(3) “Franchisee” means the person or persons granted by BMC 13.20.060 or a subsequent ordinance or a subcontractor to such person or persons.

(4) “Hazardous waste” means any waste:

(a) Defined as hazardous waste by or pursuant to Chapter 459 ORS; or

(b) Defined as hazardous waste by another governmental unit having jurisdiction; or

(5) “Person” means any individual, partnership, association, corporation, trust, firm, estate, joint venture or other private legal entity or any public agency.

(6) “Resource recovery” means the process of obtaining useful material or energy resources from solid waste, including reuse, recycling, and other materials recovery or energy recovery of or from solid waste.

(7) “Service” means the collection, transportation or disposal of or resource recovery from solid waste.

(8) “Solid waste” means all solid waste or semi-solid waste including, without limitation: garbage, rubbish, refuse, trash, ashes or swill, newsprint or waste paper, corrugated or cardboard, grass clippings, compost, residential, commercial, industrial, governmental or institutional wastes, discarded home or industrial appliances, equipment or furniture, vehicle parts or tires, vegetable or animal wastes, and other wastes.

(9) “Solid waste management” means the prevention of or reduction of solid waste; management of service; and, facilities and equipment necessary or convenient to such activities.

(10) “Waste” means material that is no longer directly useable by the source, generator or producer of the materials, which material is to be disposed of or to be resource recovered by another person.

(a) The fact that all or any part of the material may have value and thus be recovered does not remove them from this definition.

(b) The fact that the source, generator or producer of materials has separated or segregated such material from other waste does not remove the materials from this definition. [Ord. 606 § 1C, 1980]

Article II. Franchise and Exemptions

13.20.040 Persons and practices exempt from franchise.

Nothing in this chapter requires a franchise from the following persons for the following business or practices:

(1) The collection, transportation and reuse of repairable or cleanable discards by a private charitable organization including, without limitation, Harney 4-C and other similar organizations.

(2) The collection, transportation and reuse or recycling of totally source separated materials or operation of a collection center for totally source separated materials by a religious, charitable, benevolent or fraternal organization which organization was not organized for any solid waste management purpose and which organization is using the activity for fund raising; including, without limitation, scouts and churches.

(3) The collection, transportation or redemption of returnable beverage containers under Chapter 459 ORS and that portion thereof commonly known as the “Bottle Bill.”

(4) The generator or producer who transports and disposes of waste created as an incidental part of regularly carrying on the business or service of auto wrecking, to the extent licensed by the state of Oregon; demolition, land clearing or construction; janitorial service; gardening, park maintenance or landscaping service; street sweeping; auto body recovery; or septic tank pumping or sludge collection. “Janitorial service” does not include cleanup of accumulated or stored wastes.

(5) The transportation by a person of solid waste generated or produced by such person to a disposal site, resource recovery site or market.

(6) The purchase of totally source separated solid waste for fair market value.

(7) The providing of service to a state or federal agency under written contract with such agency; provided, however, that the provider shall apply for a franchise for that service only, shall pay the franchise fee on such service, shall comply with all requirements imposed on the franchisee by this chapter and shall, unless the written contract with such agency provides otherwise, charge the rates and adhere to the terms of service imposed on the franchisee by this chapter and attached schedules.

(8) The providing of service for hazardous wastes.

(9) Any other practice, business or activity which is withdrawn by the council after public hearing thereon and upon a resolution and order finding that withdrawal has no substantial impact on service, consumer rates or the purposes stated in BMC 13.20.020. A copy of such order shall be attached hereto, and, marked appropriately, shall thereafter be incorporated in this chapter. [Ord. 606 § 2A, 1980]

13.20.050 Practices prohibited without a franchise.

Unless exempted by BMC 13.20.040 or franchised pursuant to BMC 13.20.060, no person shall:

(1) Solicit customers for solid waste service; or

(2) Advertise the providing of such service; or

(3) Provide such service in the city. [Ord. 606 § 2B, 1980]

13.20.060 Grant of exclusive franchise.

There is hereby granted to Robert and Carolyn Christensen, doing business as C & B Sanitary service, a partnership, the exclusive right, privilege and franchise to provide service within the city limits as of the effective date of the ordinance codified in this chapter and any area that may hereafter by annexed to the city and, for that purpose, to utilize the streets and public facilities of the city. [Ord. 606 § 2C, 1980]

13.20.070 Franchise term.

The rights, privileges and franchise herein granted shall begin on January 1, 1981, and shall be considered as a continuing 10-year franchise that renews each year unless franchisee is notified of nonrenewal. That is, beginning on January 1st of each year, the franchise will be considered renewed for an additional one-year term unless on or before November 1st of any year the council shall notify the franchisee in writing of intent to terminate the franchise. Upon the giving of such notice of termination, the franchisee shall have a franchise which will terminate four years from the date of the notice of termination. The council may later extend the term or reinstate continuing renewal upon mutual agreement with the franchisee. Nothing in this section restricts the council from suspending, modifying or revoking the franchise for cause pursuant to BMC 13.20.110. [Ord. 753 § 1, 2001; Ord. 606 § 2D, 1980]

13.20.080 Franchise fee.

In consideration of the franchise granted by this chapter, the franchisee shall annually pay the city a fee of three percent of the “gross revenues” of the franchisee from its sanitary service within the corporate limits of the city of Burns, less net collectibles. Payment shall be made on or before April 1st of each year to the city clerk. City may demand and receive a verified income statement from franchisee each year. [Ord. 606 § 2E, 1980]

13.20.090 Franchisee responsibility.

(1) The franchisee shall:

(a) Dispose of solid waste at the site approved by the local government unit having jurisdiction of resource recovered wastes, both in compliance with Chapter 459 ORS, and with this chapter, and shall comply with all other federal, state and local laws, ordinances and regulations.

(b) Provide and keep in force public liability insurance in the amount of not less than $500,000 for injury to a single person, $500,000 to a group of persons and $100,000 property damage, all relating to a single occurrence, which shall be evidenced by a certificate of insurance filed with the city clerk.

(c) Within 30 days after the effective date of the ordinance codified in this chapter, file with the city clerk a written acceptance of this franchise by endorsing acceptance on a copy of this chapter.

(d) Provide sufficient collection vehicles, containers, facilities, personnel and finances to provide all types of the necessary service or subcontract with others to provide such service.

(e) Respond to any complaint on service within 15 days of the receipt of same.

(f) Provide a performance bond in the amount of $5,000 with a surety licensed to do business in the state of Oregon conditioned upon the full and faithful performance of this agreement and franchise ordinance. In the event that the common council finds that the franchisee has adequate experience and otherwise meets the requirements to guarantee service, it may waive, by resolution, all or part of the bond requirements and may attach any necessary condition to the waiver.

(2) Where a new resource recovery service or a substantial expansion of an existing service is proposed by the city or another person other than the franchisee:

(a) Prior written notice of the proposed service shall be given to franchisee by the city clerk at least 30 days prior to action by the common council.

(b) The council may on its own motion, and shall upon request of the franchisee, hold a public hearing on the proposed service, costs and justification.

(c) In determining whether service is needed, the council shall give due consideration to the purposes of this chapter, the public need for the service, the technological and economic feasibility, the effect on consumer rates, the effect on other service by franchises, applicable laws, ordinances or regulations and any applicable solid waste management plan.

(d) If the council determines that such service is needed, it shall give the franchisee a reasonable opportunity to provide it within a reasonable time or reject it only in the case of a resource recovery service. The council shall determine necessary rates.

(e) If the franchisee rejects a resource recovery service, the council may issue a franchise to another person for such service, place it under limited permit or withdraw it under BMC 13.20.040(9). The council may determine necessary rates and conditions for the service.

(3) The franchisee is not required to store, collect, transport, transfer, dispose of or resource recover any hazardous waste; provided, however, that the franchisee may provide such service outside this chapter in compliance with all applicable laws, ordinances and regulations.

(4) The franchisee may subcontract with others, including but not limited to the city of Burns to bill for services or provide a portion of the service where the franchisee does not have the necessary equipment or service. Such a subcontract shall not relieve the franchisee of total responsibility for providing and maintaining service and from compliance with this chapter.

(5) The franchisee shall not:

(a) Give any rate preference to any person, locality or type of solid waste stored, collected, transported, disposed of or resource recovery. This subsection shall not prohibit uniform classes of rates based upon length of haul, type or quality of solid waste handled and location of customers so long as such rates are reasonably based upon cost of the particular service and are approved by the council, nor shall it prevent any person from volunteering service at reduced cost for a charitable, community, civic or benevolent purpose.

(b) Transfer this franchise or any portion thereof to other persons without prior written approval of the council, which consent shall not be unreasonably withheld. The council shall approve the transfer if the transferee meets all applicable requirements met by the franchisee. A pledge of this franchise as financial security shall be considered as a transfer for purposes of this subsection. The council may attach whatever conditions it deems necessary to guarantee maintenance of service and compliance with this chapter. [Ord. 753 § 2, 2001; Ord. 606 § 2F, 1980]

13.20.100 Supervision.

Service provided under the franchise and other requirements of this chapter shall be under the supervision of the mayor and the council of the city of Burns. Franchisee shall, at reasonable times, permit inspection of his facilities, equipment, and personnel providing service. [Ord. 606 § 2G, 1980]

13.20.110 Suspension, modification or revocation of franchise.

(1) Failure to provide necessary service or otherwise comply with the provisions of this chapter after written notice and a reasonable opportunity to comply shall be grounds for modification, suspension or revocation of the franchise.

(2) After written notice from the mayor and the council that such grounds exist, the franchisee shall have at least 20 days from such date of mailing of the notice in which to comply or request a public hearing before the council.

(3) At a public hearing, the franchisee and other interested persons shall have an opportunity to present oral, written or documentary evidence to the council.

(4) If the franchisee fails to comply within the time specified or, if a council hearing is held, with the order of the council entered upon the basis of findings at the public hearing, the council may suspend, modify or revoke the franchise or make such action contingent upon continued noncompliance.

(5) In the event the council finds an immediate and serious danger to the public through creation of a health hazard, it may take action within a time specified in the notice to the franchisee and without a public hearing prior to taking such action. [Ord. 606 § 2H, 1980]

13.20.120 Preventing interruption of service.

The franchisee agrees as a condition to his franchise that whenever the council determines that a failure of service or threatened failure of service would result in creation of an immediate and serious health hazard or serious public nuisance, the council may, after a minimum of 24 hours’ actual notice to franchisee and a public hearing thereon if requested by franchisee, authorize another person to temporarily provide service and use the equipment of the franchisee for the use of which the city of Burns shall provide the franchisee reasonable compensation. The council shall return any seized property and business upon abatement of the actual or threatened interruption of service. [Ord. 606 § 2I, 1980]

13.20.130 Termination of service.

The franchisee shall not terminate or fail to provide service to all or any portion of his customers unless:

(1) The street or road access is blocked and there is no alternate route and provided that the city shall not be liable for such blocking of access; or

(2) Inclement weather conditions render providing service unduly hazardous to persons providing service or the public or such termination is caused by accidents or casualties caused by an act of God, public enemy or vandalism; or

(3) A customer has not complied with BMC 13.20.150 or has not paid for service provided after being sent regular billing and after 15-day written notice to pay; or

(4) Ninety days’ written notice of intent to terminate is given to the council and written approval is obtained from the council; or

(5) Ordered by a legislative, administrative or judicial body having jurisdiction. [Ord. 606 § 2J, 1980]

Article III. Rate Regulation

13.20.140 Rate determination.

(1) Rates for service shall be those contained in the document marked Exhibit A, attached to the ordinance codified in this chapter and by this reference hereby incorporated.

(2) Changes in rates shall be made by resolution and order of the council amending Exhibit A, and shall be appended thereto. In determining rates, the council shall give due consideration to current and projected revenue and expenses; actual and overhead expense; the cost of acquiring and replacement of equipment; the services of owner, family and management; the cost of providing for future, added or different service; a reasonable return to franchisee for doing business; research and development; and such other factors as the council deems relevant. The council may consider rates charged by other persons performing the same or similar service in the same or similar areas.

(3) The franchisee shall provide 60 days’ written notice of rate change with accompanying justification of proposed rate changes. Unless a governmental unit has raised the cost of providing service or there has been a substantial increase in cost not covered in the preceding adjustment, rate adjustments shall be made annually on the following schedule:

(a) Application shall be filed by franchisee prior to December 1st.

(b) Unless there is good cause shown and recorded in the minutes of the council, the council shall act upon any rate adjustment by January 20th, and the adjustment shall take effect on February 1st.

(c) An emergency or interim rate for a new or altered service may be adopted by written order of the council valid for a stated period not to exceed six months on the emergency or interim basis.

(4) Rates charged shall be those set as provided herein. Nonscheduled services may be provided at the reasonable cost of providing the service giving consideration to the standards in subsection (2) of this section.

(5) Franchisee may require payment for residential service and multifamily residential service up to three months in advance. Franchisee may bill up to three months in advance, arrears or any combination. Where billed in advance, franchisee will refund a pro rata portion of the payment for any complete month in which service is not to be provided. Franchisee may charge at the time service is provided to drop box or roll off box service customer where the customer has not previously established credit with the franchisee.

(6) If approved in the rate schedule, franchisee may charge a starting charge for a new service and a restart charge to any customer who has been previously terminated for failure to pay for service.

(7) Rates shall be uniform within zones or classes of service. [Ord. 606 § 3A, 1980]

Article IV. Public Responsibility

13.20.150 Public responsibility.

In addition to and not in lieu of compliance with Chapter 459 ORS, and other applicable laws and regulations:

(1) No person shall place hazardous waste for collection or disposal by franchisee without notice to the city clerk and office of franchisee. This shall not apply to minor quantities of wastes generated at or by a single family residential unit which does not pose a threat to the public health.

(2) No unauthorized person shall place material in or remove material from a solid waste collection container without permission of the owner of the container. For the purpose of this section, the franchise is the “owner” of containers supplied by franchisee.

(3) No unauthorized person shall remove solid waste placed out for collection and resource recovery by the franchisee or a person exempted by BMC 13.20.040 and operating within the exemption.

(4) Unless permitted by the franchisee, no person shall install or use any container of one cubic yard or greater in capacity for pickup by franchisee other than those supplied by franchisee. The purpose of this subsection is to ensure safe equipment, sizes and weights and facilitate franchisee utilizing the most efficient collection equipment and methods. Rates for use of franchisee’s containers and drop boxes shall be included in the adopted rate schedule.

(5) No person shall install an underground solid waste container for storage and collection after the effective date of the ordinance codified in this chapter. The franchisee is not required to service an underground container unless the person responsible for it places the can above ground prior to time of collection.

(6) No can for residential service shall be located behind any locked or latched door, gate or inside of any building or structure, during time for service by franchisee.

(7) 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.

(8) 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.

(9) No container designed for manual pickup shall exceed 32 gallons in size or 60 pounds in loaded weight. Such containers shall be made of metal or be rigid, fireproof, rodent proof and not subject to cracking or splitting, round, tapered at the bottom and have proper handholds and bales.

(10) Unless special service or service equipment is provided by the collector 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 any box, sack or other receptacles and solid waste so bundled, tied or contained shall not exceed 60 pounds in weight.

(11) Where a customer requires an unusual volume of service or a special type of service requiring substantial investment in equipment, the franchisee may require a contract with the customer as necessary to finance and assure amortization of such equipment. The purpose of this provision is to assure that such equipment not become a charge against other rate payers who are not benefited.

(12) Stationary compacting devices for solid wastes shall comply with federal and state safety standards and provide adequate protection to user.

(13) 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 the public rights-of-way or adjacent lands.

(14) No person shall block access to any container or drop box or roll off box supplied by franchisee. Franchisee may charge extra for return service to such blocked container or drop box or roll off box.

(15) Every person who generates or produces wastes shall remove or have removed all putrescible wastes at least every seven days. More frequent removal shall be required where waste accumulated reasonably threatens the public health. All wastes shall be removed at sufficient frequency as to prevent health hazards, nuisances or pollution.

(16) All garbage and putrescible materials shall be stored in cans supplied by the generator or producer or in containers supplied by the franchisee. When cans are used, they shall be covered except during loading and emptying. The owner of containers shall be responsible for supplying lids or covers; the person in possession or control of property where containers are located shall be responsible to keep said containers covered.

(17) The producer or generator of waste shall clean both cans and containers and shall keep the area around such cans or containers free of accumulated wastes. The franchisee shall provide periodic maintenance to containers supplied by franchisee sufficient to keep said container reasonably clean at all times.

(18) Approved disposal methods shall be as follows:

(a) No person shall dump, collect, remove or dispose of solid waste upon any street, alley, public place or private property within the city except as provided in this and other ordinances of the city.

(b) Wastepaper, boxes, brush, rubbish, debris, leaves, grass, wood and cuttings from trees, lawns, shrubs and gardens (but excepting paper, cardboard, or wood containers in commercial quantities), understood to be any paper, cardboard or wood containers generated by person or business establishments engaged in retail or wholesale business for financial gain, may be burned on private property outside fireplaces, private incinerators or open fires, as provided by this and other ordinances, upon a permit secured from the fire chief.

(c) No person shall burn garbage or other putrescible materials; for the purpose of this chapter, any burning that produces or results in the emission of a dense smoke or a noxious odor shall be deemed to be the burning of prohibited material.

(19) The city reserves the right to require the separation of component parts of materials in or from solid wastes and require the deposit thereof in separate cans, containers, receptacles or places and prescribe the method of disposal or resource recovery thereof. [Ord. 640, 1988; Ord. 606 § 4A, 1980]

13.20.160 Payment of service.

Any person who received service from the franchisee shall be responsible for payment of service. The owner of any multiple-unit rental or lease facility having two or more dwelling units shall be primarily responsible for services unless franchisee contracts with other persons to provide service. [Ord. 606 § 4B, 1980]

Article V. Administration and Enforcement

13.20.170 Appeals.

(1) Any action or determination by franchisee under or pursuant to this chapter may be appealed to the city clerk.

(2) Any action or determination of the city clerk under this chapter may be appealed to the common council. [Ord. 606 § 5A, 1980]

13.20.180 Construction.

Any finding by any court of competent jurisdiction that any portion of this chapter is unconstitutional or invalid shall not invalidate any other provision of this chapter. [Ord. 606 § 5B, 1980]

13.20.190 City enforcement.

The city shall enforce the provisions of this chapter by administrative, civil or criminal action or any combination as necessary to obtain compliance with this chapter. The council shall take such legislative action as is necessary to support this chapter and the franchise granted. The franchisee may enforce payment or protect its rights by appropriate civil action. [Ord. 606 § 5C, 1980]

13.20.200 Penalties.

Violation by any person of the provisions of BMC 13.02.050 or BMC 13.20.150(1), (2), (3), (12), (13), (15), (16), (17), or (18) shall be deemed an offense and, upon conviction, shall be punishable by a fine of not more than $500.00. [Ord. 606 § 5D, 1980]