Chapter 5.40
SOLID WASTE MANAGEMENT
Sections:
5.40.020 Purposes, policy and scope.
5.40.040 Persons and practices exempt from chapter.
5.40.050 Practices prohibited without a franchise.
5.40.090 Franchisee responsibility.
5.40.110 Suspension, modification or revocation of franchise.
5.40.120 Termination or suspension of service by franchisee.
5.40.140 Public responsibility.
5.40.010 Short title.
This chapter shall be known as the “solid waste management ordinance of the City of Monmouth,” and shall be cited herein as this chapter. (Ord. 1273, § 1, June 2, 2009. Code 1983 § 69.010.)
5.40.020 Purposes, policy and scope.
(1) In order to protect the health, safety and welfare of the citizens of the City, and the environment; and to conserve energy and natural resources within the City, to provide the opportunity to recycle, and to otherwise provide for solid waste management, it is declared to be the public policy of the City to regulate solid waste management to:
(a) Adopt the priorities and policies specified in ORS 459.015.
(b) Provide the opportunity to recycle as part of the overall solid waste management system, taking advantage of coordinated area-wide service, promotion, education and marketing; and, as provided in ORS 459A.085(6)(c), giving due consideration to those providing recycling or collection service in June 1983, and continuing to the effective date of this chapter.
(c) Ensure safe, efficient, economical and comprehensive solid waste management service.
(d) Ensure fair and equitable consumer rates and prohibit rate preferences or other practices that might be discriminatory.
(e) Conserve energy and material resources, reduce solid waste and promote material and energy recovery in all forms.
(f) Provide for technologically and economically feasible solid waste management and resource recovery by and through a franchisee.
(g) Eliminate overlapping service and thereby increase efficiency, decrease truck noise, street wear, energy waste, air pollution and public inconvenience.
(h) Protect public health and the environment.
(i) Provide public standards.
(j) Protect against improper and dangerous handling of hazardous wastes.
(k) Provide a basis and incentive for investment in equipment for solid waste management, including resource recovery, facilities, sites and technology.
(2) Pursuant to ORS 459A.085(4), this chapter, the franchise previously granted Brandt’s Sanitary Service, Inc., under Ordinance No. 953 and the temporary extension granted under Ordinance No. 1259, said Ordinance No. 953 is amended and is continued and extended for and on behalf of the State of Oregon to carry out the purposes of ORS 459.015; the purpose and policy of ORS Chapter 459A; and the State of Oregon Solid Waste Management Plan. In addition, this chapter and the franchise thereunder is amended, continued and extended under the authority of and pursuant to ORS 459A.085 and under the municipal authority of the City. (Code 1983 § 69.020.)
5.40.030 Definitions.
For the purposes of this chapter, the words set out in this section shall have the following meanings:
“City” is the City of Monmouth, Oregon.
“Compact” and “compaction” mean the process of, or to engage in the shredding of material, or the manual or mechanical compression of material.
“Compensation” means consideration of any kind paid for solid waste management service, including but not limited to the direct or indirect payment of money, including the proceeds from resource recovery, or the provision of goods, services or other benefits to tenants, lessees, occupants or other persons as part of rent.
“Compost” means the controlled biological decomposition of organic material or the product resulting from such process.
“Council” means the City Council of the City.
“Dispose” or “disposal” means the accumulation, storage, discarding, collection, removal, transportation, recycling or resource recovery of solid waste.
“Franchise” means the authorization to operate a solid waste management and recycling service, including all mutual rights, duties and obligations of the franchisee and the City as contained in this chapter.
“Franchisee” means any person or persons granted a franchise under Ordinance No. 953, the temporary extension granted under Ordinance No. 1259, and franchised pursuant to this chapter to do any activity regulated by this chapter. For the purpose of this chapter, the franchisee is Brandt’s Sanitary Service, Inc.
“Generator” means the person who produces solid waste or recyclable material to be placed, or that is placed, out for disposal. As used in this chapter, “generator” does not include any person who manages an intermediate function resulting in the alteration or compaction of the solid waste or recyclable material after it has been produced by a generator and placed out for collection and disposal.
“Hazardous waste” means any waste defined as hazardous waste pursuant to ORS Chapter 466; or as defined as hazardous waste by another governmental unit having jurisdiction; or found by the franchisee or a disposal site utilized by the franchisee to be hazardous to service workers, service equipment, the environment or the public.
“Mixed recycling” means the process where two or more types of recyclable materials are collected together (i.e., not separated) in a combination allowed by the City, as approved by the Oregon Department of Environmental Quality.
“Person” means any individual, partnership, association, corporation, cooperative, trust, firm, estate, joint venture or other private legal entity, or any public agency.
“Placed for collection” means to put solid waste, recyclable material or yard debris out for collection by the franchisee, as provided in this chapter.
“Receptacle” means a trash can, cart, bin, container, drop box or other vessel used for the disposal of solid waste and recycling that has been approved by the City and into which solid waste, recyclable material or yard debris may be placed for collection.
“Recyclable material” 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.
“Recycling” means any process, including mixed recycling, by which solid waste is transformed into new or different products in such a manner that the original products may lose their original identity. As used in this chapter, “recycling” includes the collection, transportation and storage of solid waste done in order to place the solid waste in the stream of commerce for recycling or resource recovery.
“Resource recovery” means the process of obtaining useful material or energy resources from solid waste, including reuse, recycling, and other material recovery or energy recovery of or from solid waste.
“Reuse” means the return of waste into the economic stream, to the same or similar use or application, without change in the waste’s identity.
“Service” means the collection, storage, transportation, transfer, reuse, recycling, composting or other resource recovery from or disposal of solid waste. “Service” includes the providing of special service as defined in this section.
“Service area” means the geographic area within the City’s boundaries and, subject to ORS 459.085(3), any area annexed by the City after the effective date of this chapter.
“Solid waste” means all useless or discarded putrescible and nonputrescible materials, including but not limited to garbage, rubbish, 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; infectious waste as defined in ORS 459.386 and other wastes not excepted by this definition. “Solid waste” does not include:
(a) Hazardous waste as defined in this section;
(b) Sewage sludge and septic tank and cesspool pumpings or chemical toilet wastes;
(c) Reusable beverage containers as defined in ORS 459A.700.
“Solid waste management” means the business of collection, transportation, storage, treatment, utilization, processing, disposal, recycling, special service and resource recovery of solid waste.
“Source-separation” means the separation of waste materials by a generator, in preparation for recycling or reuse.
“Special service” means collection of bulky waste, including furniture, appliances and large quantities of waste.
“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.
(a) The fact that all or any part of the materials may have value and thus be recovered does not exclude the materials from this definition.
(b) The fact that the source, generator, or producer of materials has separated or segregated such material from other wastes does not exclude the materials from this definition.
“Yard debris” means grass clippings, leaves, tree and shrub prunings of no greater than four inches in diameter, and similar yard and garden vegetation. “Yard debris” does not include dirt, sod, stumps, logs or tree or shrub prunings greater than four inches in diameter. (Ord. 1273, § 1, June 2, 2009. Code 1983 § 69.030.)
5.40.040 Persons and practices exempt from chapter.
Nothing in this chapter requires a solid waste management franchise for service 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 regularly engaged in such business activity.
(2) The collection, transportation, reuse and recycling of totally source-separated materials by a religious, charitable, nonprofit, governmental, educational, benevolent or fraternal organization, including a church, school or scout group, not organized for such purposes, but engaged in such purposes for fund-raising incidental to the purpose of the organization, which applies for and obtains a permit from the City Manager to engage in such activities for a limited duration; provided, such activity has no significant impact on the franchisee under this chapter.
(3) The collection, transportation or redemption of returnable beverage containers under ORS Chapter 459A and that portion thereof commonly known as the “Bottle Bill.”
(4) A 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 and sludge collection. “Janitorial service” does not include cleanup of accumulated or stored wastes generated or produced by other persons.
(5) The transportation by a person of solid waste or source-separated recyclable material generated or produced by such person to an authorized disposal site, resource recovery site or market. In the case of non-owner occupied property, the waste is generated or produced and is owned by the occupant and not the landlord, property owner or association or cooperative of property owners, or the agent of such landlord, property owner, association or cooperative.
(6) The purchase or exchange of source-separated recyclable materials for fair market value or recycling or reuse, described as exempt under ORS 459A.075, and any administrative rules promulgated thereunder.
(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 the franchise agreement.
(8) The providing of collection service for hazardous wastes. (Code 1983 § 69.040.)
5.40.050 Practices prohibited without a franchise.
Unless exempted by MCC 5.40.040 or done pursuant to a franchise authorized under this chapter, no person shall, within the City limits:
(1) Solicit customers for solid waste management service;
(2) Advertise the providing of solid waste management service;
(3) Provide solid waste management service in the City. (Ord. 1273, § 1, June 2, 2009. Code 1983 § 69.050.)
5.40.060 Grant of franchise.
(1) The Council finds that, to achieve the purposes of MCC 5.40.020 including, without limitation, the opportunity to recycle, it is necessary to continue, extend and expand an integrated solid waste management franchise. Upon the basis of adequate public service and previous providing of solid waste management service, together with the enhanced solid waste management service that has been agreed to by the franchisee and approved by the City, which may be amended from time to time upon the mutual agreement of the franchisee and the City, the franchise with franchisee is recognized, continued, extended and expanded, as provided in this chapter.
(2) Pursuant to ORS 459A.085(11), the City Council further finds that, to improve the efficiency of the collection of recyclable materials, to provide adequate volume to insure the economic feasibility of recycling more materials by more participants in the solid waste management system, to take advantage of actual and potential joint notice, promotion and education efforts on recycling, and to improve the creation, maintenance and availability of markets, and stability of markets for recyclable material, the franchisee may, to the extent feasible, cooperate with others engaged in providing all or a part of the opportunity to recycle in adjacent or other areas.
(3) Based on these findings and on the policies set forth in this chapter, the City Council does hereby grant a franchise to Brandt Sanitary Service, Inc. The franchise shall be deemed to be an exclusive franchise under this chapter, except as otherwise expressly provided herein. The rights and privileges of the franchisee to provide solid waste management service within the City limits shall include areas hereafter annexed to the City and, for the purpose of the franchise, the right to use the streets and alleys of the City to the extent necessary to enjoy the beneficial use of the franchise. (Ord. 1273, § 1, June 2, 2009. Code 1983 § 69.060.)
5.40.070 Term of franchise.
(1) The term of the franchise, and the rights, privileges and franchise granted by this chapter shall be in effect for seven years from July 1, 2009, and shall allow for automatic extension pursuant to subsection (1)(a) of this section.
(a) The franchise granted under this chapter may be terminated at any earlier date if grounds exist under MCC 5.40.110. Unless grounds exist under MCC 5.40.110 for suspension, modification or revocation, or unless the City Council determines not to extend the franchise pursuant to subsection (1)(b) of this section, at the end of each franchise year an additional year shall automatically be added to the term of the franchise to maintain a continuous seven-year franchise term.
(b) The City Council may choose not to extend a franchise term under subsection (1)(a) of this section for any reason or no reason. If the City Council chooses not to extend the franchise, then at least 60 days before the date the franchise would otherwise automatically be extended, the City Council shall provide the franchisee with written notice of the City Council’s intent not to extend the franchise. The franchisee shall have 30 days from the date of the notice to request a public hearing. If, following the public hearing, the City Council reaffirms the decision not to extend the franchise term, the franchise shall expire at the end of its existing term and shall not automatically be extended as provided in this section. Nothing in this subsection shall prevent a franchisee from applying for a new franchise.
(2) In the event the franchisee shall desire to terminate service given under the terms of this franchise, then it shall give written notice to the City Manager of its election not to extend the franchise, which notice must be delivered at least 60 days before the date the franchise would otherwise automatically be extended. Upon the giving of such notice, the franchise shall expire at the end of its existing term and shall not automatically be extended as provided in this section. (Code 1983 § 69.070.)
5.40.080 Franchise fee.
A franchise fee of seven percent of the gross receipts of the franchisee from solid waste management service within the City shall be charged as consideration for the granting of the franchise. The franchise fee shall be paid to the City on the same basis as receipts are accounted for in the franchisee’s operation. In addition, the franchisee shall submit the amount of annual gross receipts within 60 days of the franchisee’s fiscal year-end. (Code 1983 § 69.080.)
5.40.090 Franchisee responsibility.
(1) The franchisee shall:
(a) Dispose of any solid waste collected that is not to be resource-recovered at a site approved by the Oregon Department of Environmental Quality or other government unit having jurisdiction and in compliance with ORS Chapters 459 and 459A and any regulations adopted under such legislation.
(b) Provide and keep in force public liability insurance of not less than $1,000,000 for injury to a single person, $2,000,000 to a group of persons, and $1,000,000 property damage all relating to a single occurrence, which shall be evidenced by a certificate or certificates of insurance filed with the City Recorder within 30 days after the adoption of this chapter and renewed and filed annually thereafter. Any policy and certificate of insurance shall name the City as an additional insured, and shall provide that it may not be canceled or amended without 30 days’ notice to the City.
(c) Provide sufficient collection vehicles, receptacles, facilities, personnel and finances to provide all types of service required under this chapter. Where necessary, the franchisee may subcontract with others to provide certain types of specialized service, but the franchisee shall remain ultimately responsible for the service under the franchise. Any such subcontractor shall comply with all the provisions of this chapter.
(d) Provide trucks of the compactor type that are equipped with a metal body and are leakproof to the greatest extent practicable. The franchisee may use specially designed, motorized local collection vehicles for transporting solid waste for short distances from residences or commercial stops to waiting trucks. Such local collection vehicles shall have a container that adequately prevents the scattering of a load. If any pickup truck or open bed truck is used by the franchisee, the load shall be adequately covered to prevent scattering of the load. All vehicles shall be operated in conformity with all ordinances of the City.
(e) Promptly respond to any complaint regarding service.
(f) Defend, indemnify and hold the City, its officers, agents and employees harmless from and against all claims, liabilities, demands, penalties, assessments or damages, of whatever form or nature, for property damage, personal injury or death, arising out of or in any way relating to its franchise under this chapter and all activities and operations of the franchise, including costs and attorney fees incurred in the defense thereof.
(g) Provide weekly solid waste collection service in residential areas and daily solid waste collection service in commercial areas.
(h) Provide the opportunity to recycle at a level and frequency approved from time to time by resolution of the City Council, which may be modified at franchisee’s request or to comply with State law, rules and regulations.
(i) Cooperate with and assist the Joint Recycling Board or organization sanctioned by the City, whose purpose is to aid and assist in coordinating exempt organizations defined in MCC 5.40.040. Said cooperation and assistance shall be in accordance with the provisions of ORS 459A.085.
(j) Provide service levels and frequency for solid waste, recycling and yard debris collection in accordance with the Exhibit “A” attached to Ord. 1273, which is made a part hereof, as though fully set forth herein, and which may be amended from time to time by the Council.
(2) The franchisee is not required to store, collect, transport, transfer, dispose of or resource recover any hazardous waste.
The franchisee shall not:
(a) Give any rate preference to any persons, locality or type of solid waste stored, collected, transported, disposed of or resource recovered. This subsection shall not prohibit uniform classes of rates based upon length of haul, type or quantity 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 City Council, nor shall it prevent any person from volunteering service at reduced cost for a charitable, community, civic or benevolent purpose.
(b) Assign the franchise or any portion thereof to other persons without prior written approval of the City Council, which consent shall not be unreasonably withheld. The City Council shall approve the transfer to the transferee if it is determined by the City, in the City’s sole discretion, to be capable of meeting all applicable requirements and providing all required services under the franchisee. A pledge of this franchise as financial security shall be considered as an assignment for the purpose of this subsection. The City Council may attach whatever conditions it deems necessary to guarantee maintenance of service and compliance with this chapter. (Ord. 1273, § 1, June 2, 2009. Code 1983 § 69.090.)
5.40.100 Supervision.
Service provided under this franchise and other requirements of this chapter shall be under the supervision of the City Manager. The franchisee shall, at reasonable times, permit inspection of its facilities, equipment, accounts, records and personnel providing service. (Ord. 1273, § 1, June 2, 2009. Code 1983 § 69.100.)
5.40.110 Suspension, modification or revocation of franchise.
(1) The City may suspend, modify or revoke the franchise agreement contained in this chapter upon the failure of the franchisee to provide required service or to otherwise comply with the provisions of this chapter after written notice and a reasonable opportunity to comply.
(a) After written notice from the City Manager that such grounds exist, the franchisee shall have 20 days from the date of mailing of the notice in which to comply or request a public hearing before the City Council.
(b) At a public hearing requested under subsection (1)(a) of this section, the franchisee and any other interested persons shall have an opportunity to present oral, written or documentary evidence to the City Council.
(c) If the franchisee fails to comply with any notice within the time specified or, if a City Council hearing is held and the City Council determines, upon the basis of findings made at the public hearing, that grounds exist therefor, the City Council may suspend, modify or revoke the franchise or, at its sole option, make such action contingent upon continued noncompliance.
(2) If, due to a strike or other event, the City Council finds an immediate, serious danger to the public that creates a health hazard or serious public nuisance, the City Council may, after a minimum of 24 hours’ actual delivery of written notice to the franchisee, authorize another person to temporarily provide service under this chapter; or the City may provide such service. In any event, the franchisee agrees as a condition of its franchise to attempt to provide any necessary facilities or equipment that it might have available for providing such service. In the event the power under this section is exercised, the usual charges for the service shall prevail and the franchisee shall continue to bill and collect the usual rate for such services, but shall reimburse the City or the person authorized by the City to temporarily provide service, for actual cost. (Ord. 1273, § 1, June 2, 2009. Code 1983 § 69.110.)
5.40.120 Termination or suspension of service by franchisee.
The franchisee shall not terminate or suspend service to a customer of the franchisee unless:
(1) A street or road is temporarily blocked and there is no alternate route; and provided, that the City shall not be liable for blocking of access; or
(2) Excessive weather conditions render providing service unduly hazardous to persons or equipment providing service, or such termination or suspension is caused by accidents or casualties caused by an act of God, public enemy, vandalism or other conditions outside franchisee’s control; or
(3) A customer has not complied with MCC 5.40.140 or has not paid for service provided after a regular billing and after written notice to pay; or
(4) Ordered by a legislative, administrative or judicial body having jurisdiction. (Ord. 1273, § 1, June 2, 2009. Code 1983 § 69.120.)
5.40.130 Rate determination.
(1) Rates for service shall be set by resolution of the City Council. The resolution shall amend the franchise agreement, shall be attached thereto, be marked Exhibit “A” and, by reference, be incorporated in said franchise agreement. In determining the appropriate rate to be charged by the franchisee, the City Council shall consider:
(a) The cost of performing the service provided by the franchisee;
(b) The anticipated increases in the cost of providing the service;
(c) The need for equipment replacement and the need for additional equipment, including receptacles for mechanical collection, to meet service needs required and approved by the City, and to comply with Federal, State and local laws, ordinances and regulations, or technological change;
(d) The investment of the franchisee, the value of its business, and the necessity that the franchisee have a reasonable rate of return and operating margin;
(e) The rates in other similar cities for similar service;
(f) The public interest by assuring reasonable rates to enable the franchisee to provide efficient and beneficial service to the residents, businesses, and other users of the service.
(2) Prior to granting a rate increase, the City Council shall hold a public hearing and receive from the franchisee a financial statement in a form approved by the City.
(3) The franchisee shall provide 60 days’ written notice of request for rate change with accompanying justification of proposed rate changes. An emergency or interim rate for a new or altered service may be adopted by a resolution of the City Council, which shall be valid for a stated period not to exceed six months on an emergency or interim basis. Rates may be adjusted and approved by the City Council to cover disposal fee increases, without the 60 days’ notice requirement or without the six-month interim designation, if disposal fees are increased at the disposal facility used by franchisee.
(4) The maximum rates to be charged shall be set by the City Council. Nonscheduled services may be provided at the reasonable cost of providing the service, giving consideration to the standards stated in this section.
(5) The franchisee may require payment for residential service and multifamily residential service up to three months in advance. The franchisee may bill up to three months in advance, arrears or any combination. Where billed in advance, the franchisee will refund a prorated portion of the payment for any complete month in which service is not provided. The franchisee may charge at the time service is provided to a drop box or roll-off box service customer, where the customer has not previously established credit with the franchisee.
(6) The franchisee may terminate service to a customer for nonpayment by the customer after 45 days of the mailing of the bill. In the event of such termination for nonpayment, the franchisee may require advance payment in the future from said customer before beginning service.
(7) If approved in the rate schedule, the franchisee may charge a start-up charge for a new service and a restart charge to any customer who has been previously terminated for failure to pay for service.
(8) Rates shall be uniform, or uniform within zones or classes of service. (Ord. 1273, § 1, June 2, 2009. Code 1983 § 69.130.)
5.40.140 Public responsibility.
(1) Preparation of solid waste for collection shall be as follows:
(a) Solid waste shall be drained of surplus liquid and placed in a sealed, leak-proof receptacle.
(b) Pet feces, sharp objects such as broken glass and knives, and any other solid waste with potential of causing injury or disease shall be securely wrapped in a manner to prevent exposure or injury to the public or employees of the franchisee.
(c) Ashes shall be cooled and shall be securely wrapped or bagged before being deposited in any receptacle.
(d) All solid waste, with the exception of large bulky items, shall be deposited promptly in a receptacle or be so placed or located for franchisee’s collection so as not to create a safety, nuisance, litter or health hazard.
(e) Bulky solid waste may be placed in a substantial receptacle in accordance with this chapter, so long as the accumulation does not create a nuisance or fire hazard.
(2) Placement of receptacles for collection shall be as follows:
(a) Receptacles containing solid waste, recyclables or yard debris shall be kept or placed so that there is convenient and safe access for collection service and, except as provided in this section, shall not be kept or placed upon the street, sidewalk or other public place unless such location has been first approved by the City Manager.
(i) All carts designed for mechanical solid waste or recycling collection shall be placed at the curb or roadside by the generator prior to collection time.
(ii) The generator shall provide safe access to the pick-up point so as not to jeopardize the persons or equipment supplying service or the motoring public.
(iii) Receptacles may be placed at or on the curb, whether on the sidewalk or in the street right-of-way; provided, that receptacles placed on the street shall be placed so that no part of the receptacle may be more than three feet from the curb. Placement shall be made so that receptacles are within manageable reach if standing in the street at or next to the curb line.
(iv) Placement of receptacles at curbside or roadside are limited to a time period of 24 hours prior to pick-up and 24 hours after pick-up.
(v) Receptacles shall be kept outside any locked, latched, bolted or hooked enclosure.
(vi) No person shall block service access to a commercial container that is one cubic yard capacity or larger, drop box or roll-off box or other similar receptacle for solid waste collection. The franchisee may charge extra, if applicable, for return service to such blocked receptacle.
(vii) The producer or generator of solid waste and recyclable materials shall keep the area around the collection receptacles free from accumulated wastes. The franchisee shall provide periodic maintenance to commercial containers and drop boxes owned or used by the franchisee.
(b) The City Manager may approve general locations for storage and placement for collection of materials for recycling or reuse and may impose necessary conditions therefor.
(3) Solid waste receptacles shall be subject to the following requirements:
(a) Receptacles for mechanical collection shall be provided to the generator by the franchisee, unless otherwise authorized by the franchisee. The loaded weight of a receptacle shall comply with the manufacturer’s specifications.
(b) Except for drop boxes, receptacles shall be equipped with lids sufficient to keep out water and to prevent disturbance by animals and entrance of pests; shall be kept closed, except when being filled, emptied or cleaned; and shall be kept in a clean leak-proof and sanitary condition by the generator of the solid waste.
(c) Solid waste placed in a receptacle that is not designed for emptying by mechanical means shall not exceed a weight of 60 pounds, including the weight of the receptacle and its contents.
(d) Receptacles designed for emptying by mechanical means shall not exceed a weight of 180 pounds for 90-gallon receptacles, 120 pounds for 60-gallon receptacles, 60 pounds for 32-gallon receptacles, and 40 pounds for 20-gallon receptacles, including the weight of the receptacles and their contents.
(e) No person shall install an underground solid waste receptacle for storage and collection, and the franchisee shall not be required to collect any underground solid waste receptacle.
(f) 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 ratepayers who are not benefited.
(g) Stationary compacting devices for solid waste shall comply with Federal and State safety standards and provide adequate protection to user.
(h) When materials or customer abuse, fire or vandalism causes excessive wear, damage or loss of a receptacle provided by franchisee, the cost of repair or replacement may be charged to the customer.
(4) Prohibited actions are as follows:
(a) Accumulation of solid waste is prohibited.
(i) All solid waste shall be prepared for collection in conformance with this chapter. 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 facility or service involves the public health. All solid waste shall be removed at sufficient frequency as to prevent health hazards, nuisances, pollution, spillage from receptacles, escape of odors, or conditions that would attract pests.
(ii) An owner who has received one or more written notices from the Health Officer for violation of subsection (1) of this section, on premises that the owner has let for occupancy, shall be responsible for subsequent violations, and for providing, in a location accessible to all dwelling units, at least one 32-gallon receptacle for each dwelling unit; or, if the premises is a multifamily dwelling complex, at least one receptacle with a cumulative capacity that allows for 32 gallons per dwelling unit, into which solid waste from the dwelling units may be emptied for storage between days of collection. The owner shall subscribe to and pay for weekly solid waste management service of the receptacles with the franchisee.
(iii) Notwithstanding subsection (1) of this section, compost piles are permitted on residential property, provided each compost pile is enclosed on all sides by a wood container, concrete block container, container made of another opaque material, or wire mesh container designed for composting and having dimensions that are not greater than four feet in height, by four feet in length, by four feet in width.
(b) Entry into or removal of solid waste receptacles is prohibited.
(i) No person shall enter into a receptacle which is one cubic yard or larger for the purpose of compacting the contents of the receptacle.
(ii) No person shall remove a receptacle from the location where the receptacle was placed for collection, unless the person is authorized to do so by the generator or the franchisee.
(c) Disturbance of solid waste in receptacles is prohibited. No person shall remove the lid from any solid waste or recycling receptacle and remove, disturb, compact, collect or scatter solid waste placed in such receptacle or deposit solid waste into such receptacle unless the person is authorized to do so by the generator or the franchisee.
(d) Placement of hazardous waste is prohibited. No person shall place hazardous waste for collection or disposal by the franchisee. (Ord. 1273, § 1, June 2, 2009. Code 1983 § 69.140.)
5.40.150 Payment of service.
Any person who receives service from the franchisee shall be responsible for payment of service in accordance with the approved rates for the service received. The owner of a rental or leased facility shall be liable for payment for services provided to a tenant of such dwelling if the tenant fails to make timely payment for such service. The owner of any multiple unit rental or leased facility having three or more dwelling units shall be primarily responsible for services provided to the occupants of such facility and shall be billed for the service. All non-owner occupied premises shall be subject to the requirements of MCC 5.40.140(4)(a). (Ord. 1273, § 1, June 2, 2009. Code 1983 § 69.150.)
5.40.160 Appeals.
(1) Any action or determination by franchisee under or pursuant to this chapter may be appealed to the City Manager.
(2) Any action or determination of the City Manager under this chapter may be appealed to the City Council.
(3) A notice of appeal must be filed with the City Manager within 20 days of the effective date of the action or decision appealed from. (Ord. 1273, § 1, June 2, 2009. Code 1983 § 69.160.)
5.40.170 City enforcement.
(1) The City shall enforce the provisions of this chapter by administration, civil or criminal action or any combination, as necessary to obtain compliance with this chapter. The City Council shall take such legislative action as is necessary to support the chapter and the franchise granted. The franchisee may enforce payment or protect its rights by appropriate civil action.
(2) Any finding by any court of competent jurisdiction that any portion of this chapter is unconstitutional or invalid shall not invalidate any other provisions of this chapter. (Ord. 1273, § 1, June 2, 2009. Code 1983 § 69.170.)
5.40.180 Penalties.
Violations by any persons of the provisions of MCC 5.40.050, Practices prohibited without a franchise, and MCC 5.40.140(4), prohibited actions, shall be considered to be a Class C misdemeanor and punishable in accordance with the Monmouth Municipal Code. Violation of any other section of this chapter is a civil infraction. Each day of violation is a separate offense; provided, however, that two or more such continuing offenses may be joined in the same action. (Ord. 1273, § 1, June 2, 2009. Code 1983 § 69.180.)
5.40.190 Amendments.
The City or franchisee may determine that a change in the provisions of the franchise may be required, that the system or franchise requirements should be updated or changed, or that additional services should be provided. If the change is consistent with the needs of the City or due to regulatory, technical, financial, marketing, inflation or legal requirements and implementation of a change would not unreasonably add to the cost of providing solid waste management and recycling services, franchisee and the City will, in good faith, negotiate the change and any required amendment to this franchise. Upon adoption of such a franchise amendment, if one is agreed to, the change will become effective and franchisee shall accept the same in writing. (Ord. 1273, § 1, June 2, 2009. Code 1983 § 69.190.)