Chapter 8.04
SOLID WASTE MANAGEMENT
Sections:
8.04.040 Limited exemptions to franchise.
8.04.050 Practices prohibited without a franchise.
8.04.060 Rules and regulations.
8.04.080 Private right of action.
Prior legislation: Ord. 402-2002.
8.04.010 Policy.
It is declared to be the public policy of the city of Dundee to regulate solid waste management service by:
A. Ensuring safe, economical, and comprehensive solid waste service;
B. Ensuring service rates and charges that are just and reasonable and adequate to provide necessary public service;
C. Prohibiting rate preferences and other discriminatory practices; and
D. Providing technologically and economically feasible resource recovery. [Ord. 513-2012 § 1 (Exh. A)].
8.04.020 Definitions.
For the purpose of this chapter, the following words and phrases shall have the meaning respectively ascribed to them:
“City” means the city of Dundee, Oregon, a municipal corporation.
“Franchisee” means the person or persons granted by DMC 8.04.030 to provide solid waste service in the city of Dundee.
“Person” means any person or persons, firm or corporation.
“Service” means the collection, transportation, or disposal of solid waste.
“Solid waste” means all putrescible and nonputrescible wastes, including but not limited to garbage, rubbish, refuse, ashes, fruit refuse, waste paper, cardboard, grass clippings, compost, tires, equipment and furniture; sewage sludge, septic tank and cesspool pumping or other sludge; commercial, industrial, demolition and construction wastes; discarded home or industrial appliances; manure, vegetable or animal solid and semi-solid wastes; dead animals; infectious waste as defined in ORS 459.387, and other wastes; but the term does not include:
1. Hazardous waste as defined in ORS 466.005.
2. Materials used for fertilizer or for other productive purposes or which are salvageable as such materials are used on land in agricultural operations and the growing or harvesting of crops and the raising of fowls or animals.
3. Beverage containers, subject to reuse or refund provisions, contained in ORS 459A.700 through 459A.740. [Ord. 513-2012 § 1 (Exh. A)].
8.04.030 Exclusive franchise.
The council finds that, to implement the policy of this chapter, it is necessary to grant an exclusive franchise for solid waste collection and disposal services in the city. An exclusive franchise agreement shall be authorized by a resolution of the council and may, from time to time, be changed by resolution of the council. The franchise granted by this section shall be based upon the following:
A. Demonstrated knowledge of the service business;
B. The ability to furnish all required and necessary equipment and personnel to meet current and future solid waste management needs of the city; and
C. Sufficiency of fiscal resources to abide by the requirements of the franchise agreement. [Ord. 513-2012 § 1 (Exh. A)].
8.04.040 Limited exemptions to franchise.
No franchise is required for the following activities:
A. Solid waste which is removed from any premises and personally transported by the person who generated the solid waste;
B. Source separated recyclable materials that are donated by the generator to youth, civic, charitable, or other nonprofit organizations;
C. Beverage containers delivered for recycling under Oregon’s Bottle Bill, ORS 459A.700 through 459A.740;
D. Construction and demolition debris that is incidentally removed for recycling by a duly licensed construction or demolition contractor, or as part of a total service offered by such licensed company, and where the licensed company uses its own equipment and employees; and
E. Yard debris removed from premises by a gardening, landscaping or tree trimming company using its own equipment and employees as an incidental part of a total service offered by the company, as opposed to a hauling service. [Ord. 513-2012 § 1 (Exh. A)].
8.04.050 Practices prohibited without a franchise.
Unless exempted by or under DMC 8.04.040 or granted a franchise under DMC 8.04.030, 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. 513-2012 § 1 (Exh. A)].
8.04.060 Rules and regulations.
In order to facilitate the collection and disposal of solid waste, the following regulations shall apply to all persons in the city of Dundee:
A. The franchisee may make reasonable rules regarding collection service subject to prior written approval of the city. Service may be refused to persons who do not comply with the collection service rules.
B. Prior to the time of collection, the materials set out for collection are the property and responsibility of the resident or occupant. At and after collection, the material is the sole responsibility of the franchisee. The franchisee will not be held responsible for the loss of materials placed on or in the container at the time of collection.
C. No person shall interfere with the collection of solid waste materials by the franchisee.
D. Every person who generates or produces solid waste shall remove or have removed all putrescible wastes at least weekly, or at more frequent intervals where necessary to prevent the creation of health hazards, rodent harborage or sustenance, or public nuisances.
E. No person shall burn or incinerate solid waste within the city of Dundee unless in compliance with Chapter 8.12 DMC.
F. No person shall haul, transport or convey solid wastes by any conveyance upon any street, alley or thoroughfare in the city of Dundee 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 unauthorized person shall deposit material or solid waste in any container or drop box supplied by franchisee nor remove the material or waste placed in the container or box by a customer of franchisee.
H. No person shall place any hazardous waste, chemicals, paint, corrosive materials, infectious waste or hot ashes into any solid waste container or drop box supplied by the franchisee without prior notice and prior written approval from the franchisee.
I. No person shall place a solid waste container in the public right of way unless: (1) placement of the container does not impede pedestrian or vehicular traffic, (2) the container is placed no more than 24 hours prior to the scheduled collection date and time, and (3) the container is removed within 24 hours after the scheduled collection date and time. Containers shall be placed in a location that does not obstruct mailboxes, water meters or fire hydrants. [Ord. 513-2012 § 1 (Exh. A)].
8.04.070 Penalties.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to the payment of a fine not more than $500.00 for each violation. Each day that a violation of this chapter continues shall be considered a separate offense and is punishable accordingly. [Ord. 513-2012 § 1 (Exh. A)].
8.04.080 Private right of action.
A private enforcement cause of action is hereby created for any person to bring civil action alleging violation of this chapter in a state court of appropriate jurisdiction, seeking appropriate judicial remedies, including injunctive relief and damages. A copy of any such suit that is filed shall be mailed or delivered to the city administrator’s office when it is filed. Any person who prevails in an action under this section, pertaining to private right of action, shall be entitled to reimbursement of reasonable costs and attorney’s fees, including those on appeal. [Ord. 513-2012 § 1 (Exh. A)].