Appendix III
FRANCHISE FOR COLLECTION AND DISPOSAL OF SOLID WASTE
ORDINANCE NO. 2483
AN ORDINANCE REGULATING AND PROVIDING FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE WITHIN THE CITY OF COTTAGE GROVE: GRANTING AN EXCLUSIVE FRANCHISE FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE AND DEFINING THE TERMS THEREOF: PROHIBITING UNLAWFUL ACCUMULATION, TRANSPORTATION OR DISPOSAL OF SOLID WASTE: PROVIDING PENALTIES: AND, DECLARING AN EMERGENCY.
THE CITY OF COTTAGE GROVE ORDAINS AS FOLLOWS:
Section 1. Purposes, Policy and Scope. It is declared to be the public policy of the City of Cottage Grove to regulate solid waste management to:
1. Insure safe, efficient, economical and comprehensive solid waste service.
2. Insure 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.
5. Eliminate or prevent overlapping service and thereby increase efficiency and to decrease truck noise, street wear, energy waste, air pollution and public inconvenience.
6. Protect public health and the environment.
7. Provide public service standards.
8. Protect against improper and dangerous handling of hazardous wastes.
9. Provide a basis and incentive for investment in solid waste equipment, facilities, sites and technology.
Section 2. Definition of Terms.
1. Hazardous Waste: Any waste defined as hazardous waste by or pursuant to ORS Chapter 459; or defined as hazardous waste by another governmental unit having jurisdiction; or found to be hazardous to service workers, to service equipment, or to the public by the franchisee.
2. Person: Any individual, partnership, association, corporation, trust, firm, estate, joint venture or other private legal entity or any public agency.
3. Resource Recovery: 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.
4. Service: The collection, transportation or disposal of or resource recovery from solid waste.
5. Solid Waste: All solid waste or semi-solid waste, including without limitation, garbage, rubbish, refuse, trash, ashes or swill, newsprint or wastepaper, 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.
6. Solid Waste Management: The prevention of or reduction of solid waste; management of service; and, facilities and equipment necessary or convenient to such activities.
7. Waste: Material that is no longer directly usable by the source, generator or producer of the material, 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 it 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.
Section 3. Public Responsibilities. In order to facilitate the collection and disposal of solid waste, the following regulations shall apply to all persons in the City of Cottage Grove:
1. The collector may make reasonable rules and regulations regarding collection service subject to prior written approval of the City Manager.
2. Except for storage in a proper container, no person shall accumulate garbage or other putrescible material on any premises in the City of Cottage Grove.
3. Every person who generates or produces solid waste shall remove or have removed all putrescible wastes at least every seven days. More frequent removal may be required where the facility, activity or use involves the public health. All wastes shall be removed with sufficient frequency so as to prevent health hazards, nuisances or pollution.
4. No person shall dump or dispose of any solid wastes on any lands or any facilities in the City of Cottage Grove except for a disposal site or transfer station approved by the Oregon Department of Environmental Quality or the city or in containers provided for by the city.
5. Except for a facility under permit from the Oregon Department of Environmental Quality and subject to the limitations in the air or solid waste permit therefor, no person shall burn or incinerate solid waste within the City of Cottage Grove. As an exception, the Fire Chief may issue permits for the burning of yard debris at times and under conditions stated in the permit and subject to all applicable state laws and rules.
6. No person shall haul, transport or convey sawdust, shavings, hog fuel or solid wastes by any conveyance upon any street, alley or thoroughfare in the City of Cottage Grove unless such vehicle is constructed, loaded, operated and maintained so as to prevent its contents from dropping, sifting, leaking or otherwise escaping therefrom.
7. No container designed for manual pickup shall exceed 32 gallons in size or 50 pounds in loaded weight. Such containers shall be made of metal or be rigid, fireproof, rodentproof and not subject to cracking or splitting. Containers shall be round, tapered from top to bottom and have proper handholds and bales.
8. 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 any box, sack or other receptacles. Solid waste so bundled, tied or contained shall not exceed 50 pounds in weight.
9. 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 franchisee is the "owner" of containers supplied by franchisee. No authorized person shall remove solid waste placed out for collection and resource recovery by the franchisee or a person exempted by this ordinance and operating solely within the exemption. Such solid waste belongs to the franchisee or exempted person, respectively.
10. No person shall place any hazardous waste out for collection or disposal by the franchisee nor place it into any solid waste container or drop box supplied by the franchisee or the city without prior notice to and prior written approval from the franchisee or the city, respectively. A person placing such wastes for collection shall, prior to notice to the franchisee or to the city, obtain approval of the waste disposal site to be used for disposal of such wastes. Where required, an additional approval shall be obtained from the local government unit having jurisdiction over the disposal site. This disposal approval shall be in writing, signed by the person designated by the disposal site or the local government unit affected. Either the franchisee, the city or the disposal site or the local government unit having jurisdiction of the disposal site may require written authorization from the Oregon Department of Environmental Quality for handling of such hazardous wastes. This section does not apply to household wastes generated at and by a single family residential dwelling unit.
Section 4. Limited Exemptions to Franchise. No franchise is required for (a) the collection of repairable discards; (b) the collection of recyclable materials by religious, charitable, benevolent or fraternal organizations, except as may be further limited by the Council; (c) transportation of waste generated by a person in carrying on another business; (d) a person transporting his or her own waste; (e) the purchase of totally source-separated recyclable solid waste for
fair market value; (f) providing service for hazardous waste; (g) recycling activities by persons or organizations so engaged at the date of adoption of this ordinance; and (h) any other practice, business or activity withdrawn by a resolution and order of the Council.1
A resolution and order of exemption shall be granted only after a public hearing thereon, and be based upon written findings. Prior to granting such an exception, the City Manager shall give 30 days’ written notice to the franchisee of the public hearing and the proposed basis of the exception. Prior to granting such an exception, the Council must find that the exception carries out the purposes of Section 1 of this ordinance; that there is a need for the proposed service; that the franchise cannot or will not provide the required service; and that the applicant has the necessary equipment, experience, finances and personnel to provide adequate service; and, that the granting of the exception will not be materially detrimental or have a substantial impact on service, consumer rates or the business franchised under this ordinance.
Section 5. Practices Prohibited Without a Franchise. Unless exempted by or under Section 4 of this ordinance or granted a franchise under Section 6 of this ordinance, no person shall solicit customers for service, or advertise the providing of service, or provide service in the city.
Section 6. Franchise Granted. The franchise granted by this section is based upon the prequalification of the applicant on the basis of demonstrated knowledge of the service business, the ability of the applicant to continue to furnish all required and necessary equipment, personnel and service; the financial responsibility of the applicant; the capacity of the applicant to indemnify the city and its inhabitants against the failure on his part to fulfill the terms of the franchise or against injuries occurring to the city or any of its inhabitants in the performance of such franchise; and, the prior experience of the applicant in maintaining exemplary public service in the city and the surrounding area.
There is hereby granted to Cottage Grove Garbage Service, Inc. the exclusive right, privilege and franchise to provide service within the city limits as of the date of this ordinance and of any area that may hereafter be annexed to the city, subject to the provisions of ORS 459.085 and, for that purpose, to utilize the streets and facilities of the city.
The rights, privileges and franchise herein granted shall begin on September 1, 1983, and shall be considered a continuing five year franchise. That is, beginning on September 1 of each year, the franchise shall be renewed for a full five year term unless prior to that time the Council shall notify the franchisee in writing of intent to terminate the franchise renewals. The termination of further renewals may be with or without cause. Upon giving of such notice of termination of renewals, 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 the continuing renewal upon mutual agreement. (Amd. Ord. 3034 §1, 2013)
Section 7. Franchisee Responsibilities. The franchisee shall:
1. Comply with disposal site regulations properly approved by appropriate governmental units. Franchisor shall certify that franchisee is a designated hauler to comply with site use regulations.
2. So construct, load, operate or maintain any vehicle or conveyance used in providing service so that solid wastes shall not drop, sift, leak or escape from such vehicle.
3. Keep sufficient equipment on hand to promptly and adequately provide service required by this ordinance and such further levels of service as may later be required by the Council, including, but not limited to, recycling; provided that the Council shall allow the franchisee a reasonable time to obtain necessary equipment and institute service, and shall include the cost thereof in rates to be established by the Council.
4. Comply with all rules and regulations of the City of Cottage Grove and applicable regulations of Lane County or the Oregon Environmental Quality Commission.
5. Provide service throughout the city at such reasonable times as may be required by the Council and respond with reasonable promptness to all calls for special hauling of solid wastes.
6. Pay to the City of Cottage Grove a franchise fee of three and one-half percent of the annual gross cash receipts from service franchised by this ordinance. Determination and payment of such fee shall be paid at least quarterly on or before the 25th of the month in July, October, January and April each year for the previous quarter. Payments on a basis more
often than quarterly may be made at such time as the City and the franchisee may agree.
7. Provide the level of recycling and reuse service required by ORS 459.165 through ORS 459.200 together with applicable existing or future ordinances, laws, regulations, standards or guidelines promulgated thereunder and:
a. Provide at least once a week collection of recyclable materials for all single family residential dwelling units within the city. What materials are recyclable materials shall be determined by the City Council. On the effective date of this ordinance and until further action by the City Council recyclable materials are determined to be the following: properly cleaned and/or prepared newspapers, cardboard, tinned cans, glass (separated by colors), aluminum and waste oil.
b. Provide collection of recyclable materials from commercial, industrial, institutional, governmental and multi-family residential sources at least monthly or as otherwise directed.
(Ord. 2600 §2, 1987)
Section 8. Suspension, Modification or Revocation of Franchise. The provisions in this section are in addition to and not in lieu of any other remedy of the city.
1. Failure to provide necessary service or otherwise comply with the provisions of this ordinance after written notice and reasonable opportunity to comply shall be grounds for modification, suspension or revocation of the franchise.
2. After written notice from the City Manager that such grounds exist, the franchisee shall have at least 30 days from the 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.
6. The Waiver by the city of one or more defaults or breaches in franchisee’s observance of the terms and conditions of this franchise and ordinance shall not be deemed by any court to be a continuing waiver of such default or breach or of any subsequent default or breach thereof.
Section 9. Preventing Interruption of Service. The franchisee agrees as a condition to its franchise that whenever the Council determines that a failure of service or threatened failure of service would result in the creation of an immediate and serious health hazard or serious public nuisance, the Council may, after a minimum of 24 hours actual notice to the franchisee and a public hearing thereon if requested by the franchisee, authorize the city or another person to temporarily provide service. The city or the person providing the service may use and occupy the land and operate the facilities and equipment of the franchisee for the use of which the city shall provide the franchisee with reasonable compensation. The Council shall return any seized property and business upon abatement of the actual or threatened interruption of service.
Section 10. Transfer of Franchise. This franchise shall not be assignable by the franchisee to any third persons without the written consent of the Council being first had and obtained and until such assignee has filed his acceptance and agreement to abide by the terms hereof with the City Recorder. Such consent shall not be unreasonably withheld.
Section 11. Rate Determination and Requirements.
1. Service rates shall be reasonable and uniform, taking into consideration the services rendered; and the franchisee shall submit to the Council for approval any proposed change in franchisee’s rate schedule.
2. Rates for services shall be set by the Council by resolution and order amending "Exhibit A" which is attached hereto and by this reference is hereby incorporated in this ordinance. The "Exhibit A" rate schedule attached to this ordinance on the effective date thereof shall govern all rates until further action by the Council.
3. In determining the rates, the Council shall give due consideration to current and projected revenue and expenses; actual overhead expense; the cost of acquiring and replacing equipment; the services of owner, family and management; the cost of providing for future, added or different service; recycling, reuse or other resource recovery services; a reasonable return to the franchise for doing business based on a percentage of the gross receipts; research and development; systems to avoid or recover the cost of bad debts: interest on late payments; and, such other factors as the Council deems relevant.
The Council may consider rates charged by other persons performing the same or similar services in the same or similar service areas under the same or similar service conditions.
4. On all but emergency or interim rates, the franchisee shall provide 60 days’ written notice of the proposed rate change together with accompanying justification. An emergency or interim rate for a new or altered service may be adopted by written order of the City Manager and be valid for a stated period not to exceed six months.
5. The Council may require such information as it determines to be necessary to justify changes in rates. The Council may require an investigation and report by the City Manager on any proposed rate changes.
6. A proposal to change rates may be initiated either by the franchisee or the Council.
Section 12. Penalties. Any person violating any of the provisions of this ordinance shall, upon conviction, be punished by a fine of not more than $100 or by imprisonment for not more than 30 days, or by both such fine and imprisonment. Each day that a violation of this ordinance continues shall be considered a separate offense.
Section 13. City Enforcement. The city shall enforce the provisions of this ordinance by administrative, civil or criminal action or any combination as necessary to obtain compliance with this ordinance. The Council shall take such legislative action as is necessary to support the ordinance and the franchise granted. The franchisee may also enforce payment or protect its rights by appropriate civil action.
Section 14. Emergency Clause. Inasmuch as it is necessary to provide for service to protect the health, safety and welfare of the people of the City of Cottage Grove, this ordinance shall have immediate effect and an emergency is hereby declared to exist; and this ordinance shall be in full force and effect from and after its passage and approval.
IN WITNESS WHEREOF, this ordinance was passed by the Council and approved by the Mayor on this 22nd day of August, 1983, and the City has caused this agreement to be executed by its Mayor and Recorder under authority of the Council.
DATED this 22nd day of August, 1983.
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Mayor |
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BY |
______________________________ |
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Recorder |
EXHIBIT "A"
Cottage Grove Garbage Service, Inc. Rates
(Effective February 1, 2016)
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Carts: |
Monthly Rate |
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35 gallon cart - (every other week) |
$11.30 |
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35 gallon cart - weekly |
$19.80 |
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65 gallon cart - weekly |
$28.30 |
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95 gallon cart - weekly |
$39.55 |
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If number of pick ups and/or carts is greater than one per week, monthly cost equals that number times the above rate. |
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Extra garbage charged at $5.00 per 32-gallon bag. |
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Return trip fee $5.00. |
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Containers: |
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Monthly Rate |
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1 yard - weekly |
$111.00 |
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1.5 yard - weekly |
$148.00 |
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2 yard - weekly |
$193.00 |
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3 yard - weekly |
$275.00 |
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4 yard - weekly |
$354.00 |
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6 yard - weekly |
$506.00 |
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If number of pick ups and/or containers is greater than one per week, monthly cost equals that number times the above rate. |
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Extra garbage charged at $27.00 per cubic yard. |
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Bio-Medical Service: |
Monthly Rate |
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35 gallon container disposal |
$50.00 |
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Per Dump Services |
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Containers: |
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Per Dump |
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4 yard container |
$91.00 |
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6 yard container |
$128.00 |
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$4.00 per day rental fee begins on day 10 |
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Roll off boxes |
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Per Dump |
Box Dimensions |
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12 yard drop box (1.00 tons) |
$219.00 |
14' x 7.5' x 3' |
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15 yard drop box (1.25 tons) |
$255.00 |
14' x 7.5' x 3.5' |
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20 yard drop box (2.00 tons) |
$339.00 |
16' x 7.5' x 4.5' |
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30 yard drop box (3.50 tons) |
$489.00 |
18' x 7.5' x 6' |
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If weight is greater than base tonnage above add fee of $75.55 per ton over. |
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$4.00 per day rental fee begins on day 10 |
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(Res. 1889 Exh. A, 2015: Res. 1837 Exh. A, 2013: Res. 1636 Exh. A, 2007: Res. 1607 Exh. A, 2006: Res. 1532 Exh. A, 2004: Res. 1417 Exh. A, 2001: Res. 1285 Exh. A(part), 1996: Res. 1253 Exh. A(part), 1995: Res. 1210 Exh. A(part), 1993: Res. 1109 Exh. A(part), 1991: Res. 1072 Exh. A(part), 1989)
EXHIBIT "B"
RESOLUTION NO. 1510
A RESOLUTION EXEMPTING CERTAIN RECYCLING SERVICES FROM FRANCHISE AGREEMENT REQUIREMENTS
WHEREAS, The City of Cottage Grove has a franchise for Collection and Disposal of Solid Waste established by Ordinance 2483 adopted August 22, 1983; and
WHEREAS, the City has received a request by an individual to allow the free collection of large recyclable materials; and
WHEREAS, such service is not exempt from the franchise agreement requirements of Ordinance 2483; and
WHEREAS, the current franchisee, Cottage Grove Garbage Service, does not provide the service requested; and
WHEREAS, Ordinance 2483 allows the City Council, by resolution, to exempt any practice or business activity from the franchise requirements of the Ordinance; and
WHEREAS, exempting the collection of recyclable solid waste materials, not collected by the current franchisee, by any business or organization for no charge will provide a valuable service to the community.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cottage Grove that the collection of recyclable solid waste materials, not collected by the current franchisee, be exempt from the franchise requirements if such collection is done free of charge.
BE IT FURTHER RESOLVED, that any person, individuals or business desiring such an exemption must:
1. Register with the City Manager. Such registration will include contact information and list of the type of materials that will be collected.
2. Maintain records of total weight of any recyclables collected from properties within the corporate limits of the City and provide weight information to the City.
BE IT FURTHER RESOLVED, that this resolution will take effect immediately upon its passage by the City Council.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR THIS 10th DAY OF MAY, 2004.
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Richard Meyers, City Manager
Date: May 10, 2004
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Gary Williams, Mayor
Date: May 11, 2004
See Exhibit B, Res. 1510.