Chapter 8.15
GARBAGE AND SOLID WASTE
Sections:
8.15.010 Purposes, policy and scope.
8.15.030 Public responsibilities.
8.15.040 Limited exemptions to franchise.
8.15.050 Practices prohibited without a franchise.
8.15.070 Suspension, modification or revocation of franchise.
8.15.080 Preventing interruption of service.
8.15.010 Purposes, policy and scope.
It is declared to be the public policy of the city of Creswell to regulate solid waste management to:
A. Ensure safe, efficient, economical and comprehensive solid waste service.
B. Ensure fair and equitable consumer rates and prohibit illegal and/or discriminatory rate preferences or other illegal and/or discriminatory practices.
C. Conserve energy and material resources, reduce solid wastes and promote material and energy recovery in all forms, including curbside collection and separation of recyclable materials.
D. Provide for technologically and economically feasible resource recovery.
E. Eliminate or prevent overlapping service and thereby increase efficiency and decrease truck noise, street wear, energy waste, air pollution and public inconvenience.
F. Protect public health and the environment and provide public education regarding solid waste management and recycling.
G. Provide public service standards.
H. Protect against improper and dangerous handling of hazardous wastes.
I. Provide a basis and incentive for investment in solid waste equipment, facilities, sites and technology. [Ord. 520, 2018].
8.15.020 Definition of terms.
“Franchisee” means a person granted the authority by the city council to provide solid waste services within the city.
“Hazardous waste” means any waste defined as hazardous waste by or pursuant to ORS 466.005; or any waste defined as hazardous waste by a governmental unit having jurisdiction over the subject matter; or any waste found to be hazardous to the franchisee’s service workers, to service equipment, or to the public. Such determination may be made by the franchisee upon consultation with the city.
“Person” means any individual, partnership, association, corporation, trust, firm, estate, joint venture or other private legal entity or any public agency.
“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.
“Service” means the collection, transportation or disposal of, or resource recovery from, solid waste.
“Solid waste” means 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, equipment or furniture, vegetable or animal wastes and other wastes.
“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.
“Waste” means 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.
1. The fact that all or any part of the material may have value and thus be recovered does not remove it from this definition.
2. 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. 520, 2018].
8.15.030 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 Creswell:
A. The franchisee may make reasonable rules and regulation regarding collection service.
B. Except for storage in a proper container, no person shall accumulate garbage or other putrescible material on any premises in the city of Creswell.
C. Every person who generates or produces solid waste shall remove or have removed all putrescible wastes at least monthly, or earlier upon request by the city. More frequent removal may be required where the facility, activity, use, or collection schedule involves or negatively affects the public health. All wastes shall be removed with sufficient frequency so as to prevent health hazards, nuisances, including offensive odor, or pollution.
D. No person shall dump or dispose of any solid wastes on any lands or any facilities in the city of Creswell 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 or its franchisee.
E. No person shall burn or incinerate solid waste within the city of Creswell.
F. 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 Creswell unless such vehicle is constructed, loaded, operated and maintained so as to prevent its contents from dropping, sifting, leaking or otherwise escaping therefrom.
G. No container designed for manual pickup shall exceed 35 gallons in size or 50 pounds in loaded weight. Such containers shall be made of metal or rigid plastic and shall be fireproof, rodent-proof and not subject to cracking or splitting. Containers shall be round, tapered from top to bottom and have proper handholds, lids and bales.
H. No unauthorized person shall place material in or remove material from a solid waste collection container without permission of the owner of the container. No unauthorized person shall remove solid waste placed out for collection and resource recovery by the franchisee or a person exempted by this chapter and operating solely within the exemption. Such solid waste belongs to the franchisee or exempted person, respectively.
I. 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. [Ord. 525, 2019; Ord. 520, 2018].
8.15.040 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 other than a waste hauling 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; and
G. Any other practice, business or activity withdrawn by a resolution and order of the council.
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 exemption, the city shall give 30 days’ prior written notice to the franchisee of the public hearing and the proposed basis of the exemption. Prior to granting such an exemption, the council must find that the exemption carries out the purposes of CMC 8.15.010; that there is a need for the proposed service; that the franchisee cannot or will not provide the required service; that the applicant has the necessary equipment, experience, finances and personnel to provide adequate service; and that the granting of the exemption will not be materially detrimental or have a substantial impact on service, consumer rates or the city’s franchisee. [Ord. 520, 2018].
8.15.050 Practices prohibited without a franchise.
Unless exempted by or under CMC 8.15.040 or granted a franchise under CMC 8.15.060, no person shall solicit customers for solid waste collection and disposal services, or advertise the providing of services, or provide services within the city. [Ord. 520, 2018].
8.15.060 Franchise agreement.
A franchise granted by the city 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 and viability of the applicant; the ability 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. [Ord. 520, 2018].
8.15.070 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.
A. The franchisee’s failure to provide necessary service or otherwise comply with any provision of this chapter after receiving written notice from the city and an opportunity to comply, as more fully described in subsection (B) of this section, shall be grounds for modification, suspension or revocation of the franchise.
B. After issuance of the written notice described in subsection (A) of this section, 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.
C. At a public hearing, the franchisee and other interested persons shall have an opportunity to present oral, written or documentary evidence to the council.
D. 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.
E. 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.
F. The waiver by the city of one or more defaults or breaches in the franchisee’s observance of the terms and condition of this chapter and any franchise granted under this chapter shall not be deemed by any court or arbiter to be a continuing waiver of such default or breach or of any subsequent default or breach thereof. [Ord. 520, 2018].
8.15.080 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, 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. The city shall provide the franchisee with reasonable compensation for such use. The council shall return any seized property, facility, land or equipment upon abatement of the actual or threatened interruption of service. [Ord. 520, 2018].
8.15.090 Penalties.
Persons violating this chapter may be assessed a fine of not more than $100.00 for each violation. Violations that constitute criminal activity shall be referred to the proper authorities and criminal sanctions may be applied. Each day that a violation of this chapter continues shall be considered a separate offense. [Ord. 520, 2018].
8.15.100 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 any franchise granted. The franchisee may also enforce payment or protect its rights by appropriate civil action. [Ord. 520, 2018].
8.15.110 Miscellaneous.
A. Complaints.
1. The franchisee shall retain records of service complaints and the disposition of such complaints for a period of one year. These shall be made available for the city quarterly.
2. Complaints will be handled by the franchisee fairly, timely, and in a manner that recognizes the public service nature of solid waste collection. Complaints to the city shall be reported to the franchisee in a timely manner so that the franchisee may address and resolve the complaint. Repeated, founded, and unresolved complaints may be the basis for suspension, modification or revocation of the franchise as provided in CMC 8.15.070.
B. Inspections. The franchisee shall, at reasonable times and without required notice, permit inspection of its facility, equipment, and personnel providing service under this chapter.
C. Severability. The sections and subsections of this chapter are severable. The invalidity of any one section or subsection shall not affect the validity of the remaining sections or subsections. [Ord. 520, 2018].