Chapter 8.16
SOLID WASTE
Sections:
8.16.050 Responsibilities of persons receiving and providing service.
8.16.060 Required subscription – Owner ultimately responsible for payment.
8.16.080 Nonsubscription and nonpayment – Termination of service – Water shutoff.
8.16.100 Minimum level of service.
8.16.110 Residential elimination of service.
8.16.120 Exemption from service.
Prior legislation: Ords. 87-6, 87-14, 88-2, 89-14, 97-2 and 98-3.
8.16.010 Policy – Finding.
A. It is declared to be the policy of the city to regulate solid waste management to:
1. Ensure safe, economical and comprehensive solid waste service;
2. Ensure that rates are just, fair, reasonable and adequate to provide necessary public service; and to prohibit rate preferences and other discriminatory practices;
3. Provide for technologically and economically feasible recycling and resource recovery by and through a franchisee in a coordinated county-wide program;
4. Protect public health and the environment;
5. Provide public service standards;
6. Protect against improper and dangerous handling of hazardous wastes;
7. Provide a basis and incentive for investment in solid waste equipment, facilities, sites and technology.
B. The achievement of this policy requires that the whole city be treated as a single service area for solid waste management service; that there be a single provider of solid waste management service within the city; and that there be compulsory and universal participation in solid waste collection and disposal within the city. (Ord. 2003-19 § 1)
8.16.020 Definitions.
As used in this chapter:
“City” means the city of Lincoln City.
“Franchisee” means the person granted the exclusive right, privilege and franchise to provide solid waste management service within the city by an ordinance adopted by the city council and accepted by such person, or a subcontractor of such person.
“Hazardous waste” means any waste:
1. As defined by ORS 466.005; or
2. Defined as hazardous waste by another governmental unit having jurisdiction; or
3. Found to be hazardous to service workers, to service equipment, or to the public by the franchisee.
“Person” means an individual, partnership, association, corporation, trust, firm, estate, or other private legal entity.
“Recyclable materials” means any material or group of materials that can be collected and sold for recycling at a net cost equal to or less than the cost of collection and disposal of the same material.
“Resource recovery” means the process of obtaining useful material or energy resources from solid wastes, including energy recovery, materials recovery, recycling and reuse of solid wastes.
“Service” means:
1. Collection service – The collection and/or compaction of residential, commercial, drop box and demolition solid waste together with the collection of recyclable materials.
2. Disposal service – Transportation and disposal of solid waste at a disposal site.
3. Resource recovery service – All services incidental to resource recovery.
“Solid waste” means all putrescible and nonputrescible waste, including but not limited to garbage, rubbish, refuse, ashes, and swill; waste paper and cardboard; grass clippings; compost; residential, commercial, industrial, demolition and construction wastes; discarded residential, commercial and industrial appliances, equipment and furniture; discarded, inoperable or abandoned vehicle parts and vehicle tires; manure, vegetable or animal solid or semisolid waste; dead animals; infectious waste as defined by Oregon Revised Statutes; and all other wastes not excepted by this definition. Solid waste does not include:
1. Hazardous waste;
2. Sewer sludge and septic tank and cesspool pumping or chemical toilet waste;
3. Beverage containers as defined in ORS 459.700;
4. 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 fowl or animals.
“Solid waste management” means the prevention or reduction of solid waste; management of the storage, collection, transportation, treatment, utilization, processing and final disposal of solid waste; and facilities 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. The fact that all or any part of the material may have value and thus be recovered or that the source, generator or producer of material has separated or segregated such material from other waste does not remove the material from this definition. (Ord. 2006-12 § 1; Ord. 2003-19 § 1)
8.16.030 Exceptions.
Nothing in this chapter shall:
A. Prohibit any person from transporting residential wastes the person produces to an authorized disposal site or resource recovery facility, providing the person complies with LCMC 8.16.050(B), (E), and (F) and 8.16.110;
B. Prohibit any person from contracting with a state or federal agency to provide service to such agency; provided, however, such person shall apply for a city franchise for that service only and shall comply with all applicable requirements imposed by franchise on the franchisee defined in LCMC 8.16.020 with the exception of rates or terms of service set by contract with such agency where they are in conflict;
C. Prohibit any person from engaging in a charitable, civic or benevolent activity;
D. Prohibit the generator or producer from transporting and disposing 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; 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 or solid wastes. (Ord. 2003-19 § 1)
8.16.040 Prohibited acts.
Except for a franchisee, no person shall:
A. Provide collection service or offer to provide or advertise for the performance of collection service;
B. Unless as otherwise provided by this chapter, take, process, sort, transfer, compact or remove, whether for recycling, reuse or otherwise, solid waste materials placed out for collection;
C. Unless as otherwise provided by this chapter, other than the person producing the materials contained therein, enter or interfere with any solid waste container, or remove any such container or its contents from the location where the same has been placed by the person producing the contents of such container without first obtaining written consent from the franchisee of the city;
D. Unless as otherwise provided by this chapter, supply his or her own containers other than 20- and 32-gallon containers and mechanical compactor containers;
E. Perform collection service to any tenant, lessee or occupant of any real property owned, operated or managed by such person;
F. Sort, scatter, dump, deposit or cause to be deposited any solid waste generated from construction or demolition of a structure within city limits, except in disposal sites approved and permitted by the Oregon Department of Environmental Quality or other governmental agency having jurisdiction. (Ord. 2010-09 § 2; Ord. 2006-12 § 1; Ord. 2003-19 § 1)
8.16.050 Responsibilities of persons receiving and providing service.
In addition to compliance with ORS Chapters 459 and 459A and regulations promulgated pursuant thereto:
A. To prevent recurring back and other injuries to collectors and other persons and to comply with safety instructions to collectors from the State Accident Insurance Fund:
1. No garbage can shall exceed 60 pounds gross loaded weight nor 32 gallons in size. Cans shall be tapered with a smaller bottom than top opening.
2. Sunken refuse cans or containers shall not be used.
3. To protect against injuries to users or collectors, to protect against damage and spilling during cold weather and to protect against rodent hazards, only garbage cans meeting standards set forth by the State Accident Prevention Division shall be used.
4. The user shall provide safe access to the pickup point so as not to jeopardize the safety of the driver of a collection vehicle or the motoring public or to create a hazard or risk to the person providing service. Where the city manager or city manager’s designee finds that a private bridge, culvert or other structure or road is incapable of safely carrying the weight of the collection vehicle, the collector shall not enter onto such structure or road. The user shall provide a safe alternative access point or system.
B. Every person who generates or produces solid waste or wastes shall remove or have removed all putrescible wastes at least every 14 days. Notwithstanding the foregoing, regular residential service shall require removal of such wastes at least every 28 days, subject to the remainder of this section and LCMC 8.16.100. More frequent removal may be required where a facility or service involves the public health. All wastes shall be removed at sufficient frequency as to prevent health hazards, nuisances, or pollution.
C. To protect the privacy, safety, pets and security of customers and to prevent unnecessary physical and legal risk to the collectors, a residential customer shall place the container to be emptied outside of any locked or latched gate and outside of any garage or other building.
D. No stationary compactor or other container for commercial or industrial use shall exceed the safe loading design limit or operation limit of the collection vehicles provided by the franchisee. Upon petition of a group of customers reasonably requiring special service, the council may require the franchisee to provide or subcontract for the provision of vehicles capable of handling specialized loads including, but not limited to, front-loading collection trucks and drop box trucks and systems.
E. To prevent injuries to users and collectors, stationary compacting devices for handling solid wastes shall comply with applicable federal and state safety regulations.
F. Any vehicles used by any person to transport wastes shall be so loaded and operated as to prevent the wastes from drooping, sifting, leaking, blowing or other escapement from the vehicle onto any public right-of-way or lands adjacent thereto. Garbage cans shall be totally emptied when serviced and lids replaced tightly. (Ord. 2022-33 § 1; Ord. 2003-19 § 1)
8.16.060 Required subscription – Owner ultimately responsible for payment.
A. The owner and/or occupant of any dwelling or other property within the city shall subscribe to and pay for service rendered to the dwelling or property. The franchisee and the owner may agree in writing that the occupant will initially be responsible for payment for service, but if the franchisee previously has so notified the owner in writing, then the owner shall be responsible for payment for service provided to the occupant if the occupant does not pay for the service.
B. In the event of a new or initial or change of occupancy of property, the owner or occupant of the property shall subscribe for service to such property within seven days of the occupancy.
C. For purposes of service, property shall be considered to be occupied if the property is hooked up to city water and is receiving water service.
D. If the property owner or occupant of property served by city water fails to subscribe to service as required by this section, the city shall mail written notice to the property owner and, if occupied by a person not the owner, the occupant stating the service required and the remedies for noncompliance. If the property owner or occupant fails to subscribe to service within 30 days of the date of the notice from the city of the requirement for service, the city may terminate water service to the property pursuant to LCMC 8.16.080. (Ord. 2003-19 § 1)
8.16.070 Billing and payment.
A. The franchisee shall bill the property owner for all service provided to the property, including service above required minimums. The owner and franchisee may agree in writing to have the occupant billed initially on non-owner-occupied property. The bill shall briefly state the service provided, time period, charges and remedies for nonpayment as provided in LCMC 8.16.080.
B. The property owner, or the occupant under a special billing agreement as provided in subsection (A) of this section, shall pay within 30 days of the billing date. If payment is not made within the required time, enforcement proceedings under LCMC 8.16.080 may be instituted or the franchisee may use any other lawful process to collect the debt. (Ord. 2003-19 § 1)
8.16.080 Nonsubscription and nonpayment – Termination of service – Water shutoff.
A. In the event of nonpayment after notice as provided in LCMC 8.16.070(A), the franchisee may terminate service.
B. In the event a property owner or occupant of property fails to subscribe to service after notice from the city as specified in LCMC 8.16.060(D), or in the event of termination of service by the franchisee for nonpayment and notice from the franchisee to the city as specified in subsection (C) of this section, the city may shut off water service to the property pursuant to the following procedure:
1. Prior to shutting off water service to the property, the city shall give written notice to the property owner and, if occupied by a person other than the owner, the occupant, advising of the city’s intent to shut off water service to the property for nonsubscription to or nonpayment for service any time after 20 days from the date the notice was mailed and posted. The notice shall be given by certified mail, return receipt requested, and by regular mail, and shall be posted conspicuously on the property.
2. The property owner and/or occupant shall have the right to an administrative hearing before the city manager or the city manager’s designee to establish that service has been subscribed to and paid for, or that service has been subscribed to and there are no unpaid billings. In the event the property owner or occupant requests such a hearing in writing prior to the shutting off of water service, then water service shall remain on until the hearing is held, a written decision is made and mailed to the property owner, and no appeal was taken to the city council as provided in subsection (B)(3) of this section or, if an appeal was taken and the city council upholds the city manager’s decision, until the date specified in the city council’s decision.
3. A property owner and/or occupant may appeal the decision of the city manager by filing a written notice of appeal with the city council within 10 days of the date of the decision. The appeal before the city council shall be limited to a review of the record and the receipt of oral arguments regarding the record.
C. The notice given by the franchisee to the city informing the city of nonpayment and termination of service pursuant to subsection (A) of this section must contain the name of the owner and, if occupied by a person not the owner, the name of the occupant of the property, the address of the property, the amount owed and a statement that there is no dispute as to the amount owed between the franchisee and the owner or occupant of the property. (Ord. 2003-19 § 1)
8.16.090 Billing disputes.
In the event of a dispute as to the amount owed between the franchisee and the owner or occupant of the property, the franchisee shall resolve the dispute in any manner prescribed by law, prior to terminating service and giving the city notice as prescribed in LCMC 8.16.080(C). (Ord. 2003-19 § 1)
8.16.100 Minimum level of service.
The minimum level of service to any dwelling (regular residential service) shall be one pickup of solid waste container every 28 days. For other property, including commercial uses, the minimum level of service is one pickup of solid waste container per two-week interval (14 days), except as provided in LCMC 8.16.110 and 8.16.120. The minimum level of service, however, is subject to the provisions of Oregon Revised Statutes, and regulations promulgated pursuant thereto, and the provisions of LCMC 8.16.050 and 8.16.110 as they relate to the public responsibility to prevent health hazards, nuisances or pollution. (Ord. 2022-33 § 2; Ord. 2003-19 § 1)
8.16.110 Residential elimination of service.
A. Residential Elimination of Service. Upon proof by affidavit of a lack of need for any residential service, a person may be allowed to eliminate full residential service under the following circumstances:
1. Commercial Subscription. By subscribing to commercial grade service at another location within the city. This exemption, which requires a commercial subscription at a business in the city, operates to excuse full residential service charges (including mixed compostables and recycling) at a residential location in the city; or
2. Transport Waste/Mixed Compostables/Recycling or Other Full Residential Service Subscription. By transporting residential solid waste at least on a weekly basis to the franchisee or to an identified appropriate solid waste disposal site. This exemption excuses full residential service upon demonstration by affidavit, with supporting evidence that either the applicant has full residential service elsewhere (second home owner) or the applicant regularly transports residential solid waste to an approved location. Applicants for this exemption must submit an affidavit and receipts showing full residential service (solid waste, mixed compostables and recycling) at the principal residence (e.g., for second home owners). Alternatively, applicants may submit an affidavit and receipts showing the proper disposal of solid waste, mixed compostables and recycling at franchisee’s location or other identified appropriate disposal sites. Transportation of solid waste, as opposed to mixed compostables or recycling, must occur at least weekly; or
3. On-Site Composting Use and Proper Disposal. By using recycling, composting, or other environmentally accepted methods of disposal of solid waste and transporting, at appropriate intervals, any solid waste that cannot be recycled, composted, or disposed of in an environmentally safe manner to the franchisee or to an identified appropriate solid waste disposal site. This exemption excuses full residential service upon demonstration by affidavit with supporting evidence that the applicant produces and uses compost on site and regularly transports all other residential waste to an approved location. Applicants for this exemption shall submit an affidavit and receipts showing the proper disposal of solid waste and recycling at franchisee’s location or other identified appropriate disposal sites. Transportation of recycling and solid waste must be at appropriate intervals. Composting must occur on site and be used on site. Verification of composting on site shall be established by inspection.
B. Affidavit Renewal Requirement. An elimination of service affidavit must be renewed every three years. Affidavits must be filed in the city finance department. Existing exemptions as of the date of this chapter must be renewed within one year of the adoption of this chapter. For purposes of this section, “affidavit” refers to a sworn written instrument, executed under penalty of perjury and false swearing, that the statements in the affidavit are true and correct.
C. Decisions and Appeals. The city manager or a designee shall make the determination regarding an elimination of residential service, and that decision shall be final unless appealed in writing to the city council within 10 days from notice of the determination. (Ord. 2022-33 § 3; Ord. 2021-06 § 1; Ord. 2003-19 § 1)
8.16.120 Exemption from service.
Property which is unoccupied and does not receive water service by choice of the owner is exempt from service. (Ord. 2003-19 § 1)
8.16.130 Violation – Penalty.
Violation by any person except the franchisee of the provisions of this chapter, except for violation of LCMC 8.16.040(F), is a Class D violation, punishable in accordance with the provisions of Chapter 1.16 LCMC. Violation of LCMC 8.16.040(F) is a Class B violation, punishable in accordance with the provisions of Chapter 1.16 LCMC. (Ord. 2015-10 §§ 5, 6; Ord. 2010-09 § 3; Ord. 2003-19 § 1)
8.16.140 Severability.
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. 2003-19 § 1)
8.16.150 Administration.
The city manager may prepare forms, rules and regulations for the administration of this chapter. (Ord. 2003-19 § 1)