Chapter 13.50
SOUTH UMPQUA DISPOSAL SERVICE FRANCHISE
Amended by: Ord. 839.
ORDINANCE NO. 825
A GENERAL ORDINANCE RELATING TO SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY, GRANTING EXCLUSIVE FRANCHISE TO Wx6 Inc. dba SOUTH UMPQUA DISPOSAL SERVICE TO COLLECT, TRANSPORT, AND CONVEY SOLID WASTE UPON THE STREETS WITHIN THE CITY AND TO DISPOSE OF OR RECOVER MATERIALS OR ENERGY FROM SUCH SOLID WASTE AND TO RECYCLE RECYCLABLE MATERIALS AND REPEALING ORDINANCES NO. 811 and NO. 790.
The City of Myrtle Creek ordains as follows:
Section 1. Title. This Ordinance shall be known as the “Solid Waste Management Ordinance” and may be referred to herein as “this Ordinance.”
Section 2. Persons, Policy, and Scope. It is declared to be the public policy of the City of Myrtle Creek to regulate Solid Waste Management by:
A. Insuring safe, economical, and comprehensive solid waste service;
B. Insuring 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 by and through the Franchisee.
Section 3. Definitions. Except where the context clearly indicates a different meaning, the definitions appearing in ORS 459.005, 459A.005 and regulations promulgated thereunder are applicable to this Ordinance. As used in this Ordinance, the following words shall be defined as follows:
A. City. City of Myrtle Creek. Where the city limits are extended, the City shall include such amended geographic boundaries.
B. City Council or Council. The City Council of the City of Myrtle Creek.
C. Compact and compaction. The process of, or to engage in, the shredding of solid waste, or the manual or mechanical compression of solid waste.
D. Compensation. Compensation includes:
1) Any type of consideration paid for solid waste management service including, but not limited to, proceeds from resource recovery; rent; or any direct or indirect provision for the payment of money, goods, services or benefits by tenants, lessees, occupants or similarly situated persons;
2) The exchange of service between persons; and
3) The flow of consideration from a person owning, possessing or generating solid waste to another person who provides service or from a person providing services to another person owning, possessing, or generating solid waste.
E. Compost or Composting. The controlled biological decomposition of compostable material or the product resulting from such process.
F. Compostable Material. Yard debris, food waste and food soiled paper when source separated for composting; but does not include food soiled paper containing plastic or any other material that inhibits controlled biological decomposition.
G. Food Soiled Paper. Paper products that have been in contact with food or food waste to the degree that they would not be able to be recycled into new paper products. Food soiled paper includes, but is not limited to, used paper table covers, used napkins, pizza boxes, coffee filters, and waxy corrugated cardboard. Food soiled paper does not include unsoiled cardboard, paperboard, or office paper.
H. Food Waste. All waste from meats, fish, shellfish, grains, fruits and vegetables, which attends or results from the storage, preparation, cooking, handling, selling, or serving of food for human consumption. Food waste includes but is not limited to, excess, spoiled or unusable food or dairy products, meats, fish, shellfish, grains, fruits, vegetables, breads and dough, incidental amounts of edible oils, and organic waste from food processing. Food waste does not include large amounts of oils and meats, which are collected for rendering, fuel production or other reuse applications. Food waste does not include dead animals or animal excrements.
I. Franchisee. The person to whom a franchise is granted by the City Council pursuant to this ordinance. Such franchise shall grant exclusive rights to provide service and solid waste management service for compensation.
J. Generator. The person who produces solid waste, compostable material, or recyclable material to be placed, or that is placed, for collection and disposal. As used in this ordinance, “generator” does not include any person who manages an intermediate function resulting in the alteration or compaction of the solid waste, compostable material, or recyclable material after it has been produced by the generator and placed for collection and disposal.
K. Hazardous Waste. The meaning given in ORS 466.005.
L. Infectious Waste. The meaning given in ORS 459.386.
M. Mixed Compostables. The process where two or more types of compostable materials are collected together (i.e. not separated), in a combination allowed by the City.
N. Mixed Recycling. The process where two or more types of recyclable materials are collected together (i.e. not separated), in a combination allowed by the City.
O. Person. An individual, partnership, association, corporation, trust, firm, cooperative, estate or other private legal entity.
P. Placed for Collection. To put solid waste, recyclable material, or compostable material out for collection by the Franchisee, as provided in this ordinance.
Q. Receptacle. A can, cart, bin, container, drop box or other vessel used for the collection and disposal of solid waste, recyclable material, or compostable material that has been approved by the City and into which solid waste, recyclable material, or compostable material may be placed for collection and disposal.
R. Recyclable Material. 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.
S. Recycling. Any process by which solid waste is transformed into new or different products in such a manner that the original products may lose their original identity.
T. Resource Recovery. The process of obtaining useful material or energy resources from solid waste, including energy recovery, material recovery, recycling and reuse of solid waste.
U. Reuse. The return of waste into the economic stream, to the same or similar use or application without change in the waste’s identity.
V. Service. The collection, storage, transfer, transportation or disposal of or the resource recovery from solid waste, recyclable materials, yard-debris and compostable organic materials by the franchisee.
W. Service Area. The geographical area in which solid waste management service is provided by Franchisee. The geographical area for this Ordinance is the area within the city limits of the City as now constituted, together with any area hereafter annexed by the City.
X. Solid Waste. All putrescible and non-putrescible wastes, including but not limited to garbage, rubbish, refuse, ashes, waste paper, cardboard, grass clippings, compost, tires, equipment and furniture; commercial, industrial, demolition and construction wastes; discarded or abandoned vehicles or parts thereof; discarded home or industrial appliances; manure, vegetable or animal solid and semi-solid wastes; dead animals; infectious waste: 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.
Y. Solid Waste Management. The prevention or reduction of solid waste; management of the collection, storage, transfer, transportation, treatment, utilization, processing and final disposal of solid waste; or resource recovery from solid waste: and facilities necessary or convenient to such activities.
Z. Yard Debris. All vegetative waste generated from property maintenance and/or landscaping activities, including but not limited to, grass clippings, leaves, hedge trimmings and small tree branches, but excluding tree stumps and other similar bulky woody material.
Section 4. Exclusive Franchise and Exceptions.
A. Exclusive Franchise. There is hereby granted to John Whitmore dba South Umpqua Disposal Service, hereinafter called “Franchisee,” the exclusive right, privilege and franchise under the terms of this ordinance to provide service and solid waste management service within the City as of the date the franchise is granted. For the purposes of this franchise, the Franchisee shall have the exclusive right to use the public rights-of-way of the City. Except as otherwise provided herein, no other person shall provide, offer to provide, or advertise for the performance of service or solid waste management service for any person or any real property in the City.
B. Exceptions. The exclusive right, privilege and franchise granted under subsection A. of this Section 4 is subject to the following exceptions:
1) A person may engage in the collection of source separated materials for recycling or resource recovery, but only for the purpose of raising funds for a charitable, civic, or benevolent activity, provided the activity is not organized for any solid waste management purpose.
2) A person may transport solid waste which such person produces directly to an authorized disposal site or recycling or resource recovery facility. A property owner may transport solid waste left by a tenant upon such owner’s property after the tenant no longer resides on the property, but may not provide solid waste collection service for a tenant on a regular or continuing basis.
3) A person may engage in the practice of pumping, transportation, and disposal of septic tank and cesspool pumpings or other sludge, provided such activity is conducted in compliance with applicable state and local laws.
4) A person may transport and dispose of solid waste accumulated or created as an incidental part of regularly carrying on the business or service of auto wrecking or auto body recovery, to the extent licensed by the State of Oregon.
5) A person may carry on the business of janitorial services (as used in this subsection, “the business of janitorial services” does not include a business that primarily or solely transports and disposes of solid waste accumulated, created, generated, or produced by a property owner or occupant).
6) A person may collect, transport, or redeem returnable beverage containers under that portion of ORS Chapter 459A, commonly known as the “Bottle Bill.”
Section 5. Franchise Term.
A. Unless grounds exist for suspension, modification or revocation of the Agreement, the Agreement shall be considered as a continuing six (6) year term. Beginning on July first (1st) of each year, the Agreement will be considered renewed for an additional six (6) year term, unless at least thirty (30) days prior to July first (1st) on any year the City notifies the Franchisee of intent to terminate the Agreement. Upon the filing of such notice, the Franchisee will have an Agreement which will terminate on July first (1st) which is six (6) years from the date of the last renewal prior to the notice of termination. The City may initiate proceedings for suspension, modification, or revocation of the Agreement at any time based on the terms and conditions of the Agreement.
B. Franchisee shall, within 10 days after the passage of this ordinance and its approval by the Mayor, file with the City Recorder of the City of Myrtle Creek his written acceptance of all of the terms and conditions of this ordinance, as contained on the last page of this franchise ordinance.
C. When the franchise term has 24 months or less remaining, franchisee may apply for renewal of the franchise.
Section 6. Franchise Fee.
A. Franchisee shall pay to the City of Myrtle Creek a franchise fee equal to seven percent (7%) of its gross revenues actually collected for service to customers within the City of Myrtle Creek; however, the fee shall not be assessed on revenue received for drop box disposal.
B. Franchisee shall report and pay the franchise fee quarterly on or before the 30th day of the succeeding month. The report shall consist of a statement of the gross revenue collected from customers and a calculation of the applicable fee. Each report shall be accompanied by full payment.
C. City may modify Franchise Fee amount and terms with six (6) months’ notice to Franchisee.
D. Franchisee shall provide free of charge to City the following services:
1) 1.5 YD 1XW to 710 Bataan Ave. (Swimming Pool) for June, July, August, and September.
2) 2.0 YD 1XW to 131 Cedar Ave. (Evergreen Park) 12 months each year.
3) Provide one large 20 yard box free during spring cleanup.
Section 7. Franchisee Responsibility.
A. All solid waste collected by the franchisee within the city shall be dumped by it at the Douglas County Landfill site, or such dump sites or transfer stations that are approved by Douglas County in accordance with Douglas County Ordinance 2017-07-01. Such activities shall be conducted in accordance with and subject to all the terms, covenants, and conditions for the care, operation, and maintenance of the disposal sites provided by Douglas County, Oregon Public Health Division partnered with the Oregon Department of Environmental Quality, the Douglas County Solid Waste Department, and the city of Myrtle Creek. All charges for the use of the disposal site shall be borne by the franchisee. In accordance with Douglas County Ordinance 2017-07-01, franchisee shall report to the county along with the city the monthly tonnages collected within the city and the identity of the disposal site or transfer station where the solid waste is disposed of and the tonnages of such disposals.
B. Franchisee shall provide sufficient collection vehicles, receptacles, facilities, personnel and finances to provide all types of necessary service; but where necessary the franchisee may subcontract with others to provide certain types of specialized service in accordance with Section 9 of this Ordinance.
C. Except as otherwise provided, all vehicles used in the collection and/or transportation of waste shall be equipped to the greatest extent possible with a leak-proof metal body of the compactor type. If Franchisee uses a specially designed, motorized local collection vehicle for transporting solid waste over short distances from residential or commercial stops to waiting trucks, the container portion of such vehicle shall be equipped with a cover, adequate to prevent scattering of the load. If any pickup truck or open bed truck is used by Franchisee, the load shall be covered with an adequate cover to prevent scattering of the load. All vehicles shall be operated in conformity with all ordinances of the City. All vehicles shall be properly licensed, registered, and equipped in compliance with the motor vehicle laws of the State of Oregon.
D. Franchisee shall provide the opportunity to recycle by providing curbside recycling collection, and shall comply with the recycling requirements of ORS Chapter 459A. In addition, Franchisee shall comply with any and all rules and regulations adopted by the Department of Environmental Quality and the City.
E. Except as otherwise provided, the Franchisee shall not give any rate preference to any person, locality, or type of solid waste stored, collected, transported, disposed of, or resource recovered. This paragraph shall not prohibit uniform classes of rates based upon length of haul, time of haul, type or quantity of solid waste handled, or location of customers, so long as such rates are reasonably based upon the cost of the particular service and are approved by the City Council in the same manner as other rates.
F. Franchisee shall save the City harmless from any and all claims arising out of or in any way connected with said solid waste management service.
G. Franchisee shall make collection of solid waste within the City of Myrtle Creek at least once each week, and more often if the Council deems it expedient in order to properly dispose of all solid waste within the City. If at any time the Council deems it expedient to make more frequent pickups of solid waste than the Franchisee is making, the Council shall serve written notice upon the Franchisee to make such additional pickups of solid waste. The Franchisee shall have the opportunity to be heard before the Council at a hearing in regard to the matter before the decision of the Council shall be final. The failure thereafter by the Franchisee to comply with the Order of the Council shall be considered a violation of the terms of this franchise. Service shall not be required on Sundays or holidays.
H. Franchisee shall be responsible for policing cleanliness of curb service by cleaning up any materials dropped or scattered in the course of collection.
I. Franchisee may terminate service to a customer for non-payment by the customer within 45 days of the mailing of the bill. Franchisee may require advance payment in the future from a previously non-paying customer before resuming service.
J. Franchisee shall provide and keep in force a public liability insurance policy that provides coverage for bodily injury, including personal injury and property damage insurance, and vehicle coverage. Such insurance shall be primary and provide coverage for not less than the limits of liability for public bodies under ORS 30.270. Franchisee shall provide the City of Myrtle Creek with certificates of insurance evidencing such coverage. Such insurance shall be primary and maintained in full force and effect, and it shall name the City of Myrtle Creek as an additional insured on the policy to the extent of Franchisee’s negligence.
K. Franchisee shall keep accurate books of account for the purpose of determining amounts due to City under Section 6 of this Ordinance. The City may inspect the books of accounts related to this Ordinance at any time during business hours. The City may require periodic reports from Franchisee relating to operations and revenues within the City.
L. Franchisee shall inform each new customer, and shall remind each ongoing customer at least once per year of the Customer Responsibilities as described in Sections 14 and 15. As an example, this may be accomplished as a note on the monthly invoice for services refering to the responsibilities that are listed on the Franchisee’s website. [Ord. 839 § 1, 2021].
Section 8. Suspension, Modification or Revocation of Ordinance.
A. The City Council may suspend, modify, or revoke the franchise granted under this ordinance upon finding that the Franchisee has willfully violated this Ordinance, ORS Chapter 459, ORS Chapter 459A, or any rule or regulation promulgated thereunder.
B. When the City Council or the City Administrator receives information indicating a violation of this section, a written notice of such violation shall be provided to Franchisee. Such notice shall provide a description of the alleged violation, and shall provide a reasonable opportunity to correct the violation.
C. Upon receipt of the written notice, referred to in subsection B of this Section 8, the Franchisee shall have thirty (30) days from the date of mailing of the notice in which to comply or to request a public hearing before the City Council. A request for a public hearing before the City Council shall be made in writing; and in the event a public hearing is held, the Franchisee and other interested persons shall have a reasonable opportunity to present information and testimony in oral or written form.
D. The City Council shall adopt findings of fact and conclusions which will support or deny the alleged violation. The City Council may, on the basis of such findings, suspend, modify, or revoke the franchise of the Franchisee or condition such action upon continued non-compliance with the alleged violation. The Franchisee shall comply with the time specified in the notice or with the order of the City Council.
Section 9. Subcontracts. Franchisee shall not subcontract with another person on a regular, periodic or long-term basis to provide service under this Ordinance without prior Council approval. Such approval shall not be unreasonably withheld. Such subcontract shall not relieve the Franchisee of responsibility for compliance with this Ordinance.
Section 10. Assignment or Transfer. The franchise rights and privileges granted by this ordinance to the Franchisee shall not be assigned or transferred by the Franchisee, except upon due notice in writing given to the City Council and by the approval of the Council. Such approval shall not be unreasonably withheld.
Section 11. City Inspection. The Public Works Director shall cause to be made frequent and regular inspections of all solid waste hauling equipment and the manner of hauling. For any violation of the terms of this ordinance, he shall make formal complaint against Franchisee for violating the provisions of this ordinance (but this shall not be construed as preventing any other person or officer from filing a complaint or complaints) with the City Recorder. If a complaint is filed under this section, the same process for notice, opportunity for compliance, and hearing as set forth in Section 8 of this ordinance shall be followed.
Section 12. Bond. At the time of accepting the rights, privileges, and terms of this agreement, and as a condition to the full performance of the terms thereunder, the Franchisee shall furnish a good and sufficient bond in favor of the City of Myrtle Creek in the sum of $1,000, with the condition that the Franchisee shall promptly, faithfully, and fully perform his duties and all of the terms of this franchise by him to be performed; and that upon his failure to do so, his bond shall indemnify the City against all loss or damage arising by reason of his failure to fulfill his contract. Such bond shall be approved as to form and as to surety by the City Council.
Section 13. Rates.
A. The rates for service under this Ordinance shall be those rates currently in effect upon the adoption of this Ordinance unless modified by the Council. These rates shall remain in effect until a change in rates is approved by the City Council. The Council shall establish and, as considered necessary from time to time, change rates by resolution.
B. In determining the appropriate rates to be charged by the Franchisee, the Council may consider any or all of the following, subject to a public hearing:
1) The cost of performing the service provided by Franchisee.
2) The anticipated increase in the cost of providing the services hereunder.
3) The need for equipment replacement and the need for additional equipment to meet service needs.
4) Compliance with federal, state, local law, ordinances and regulations, or technological change.
5) The necessity for Franchisee to have a reasonable rate of return, based on a reasonable operating margin.
6) The rates charged in other cities of similar size in the area for similar service.
7) The public interest in assuring reasonable rates to enable Franchisee to provide efficient and beneficial service to the residents and other users of the service.
8) Local wage scales, cost of management, and facilities.
9) Any profit or cost savings resulting from recycling, and any additional costs resulting from recycling.
10) Any modifications to this Ordinance or any other services or fees required by the City that result in a financial impact on Franchisee.
11) Any other information that the City Council deems necessary for rate setting.
Section 14. Customer Responsibility. The requirements and prohibitions set forth in Sections 14 and 15 apply to customers or solid waste generators within the City. The City or, with the permission of the City, the Franchisee, may enforce these requirements through any lawful proceeding.
A. Preparation of Solid Waste, Recyclable Material and Compostable Material for Collection.
1) Solid waste, recyclable material and compostable material shall be drained of surplus liquid and placed in a leak-proof receptacle, except that receptacles for compostable material may have vent holes for aeration.
2) Pet feces, sharp objects such as broken glass and knives, and any other solid waste with potential for causing injury or disease shall be securely wrapped in a manner to prevent exposure or injury to the public or employees of a franchisee. No medical sharps shall be placed in a receptacle.
3) Ashes shall be allowed to cool and shall be securely wrapped or bagged before being deposited in any solid waste receptacle.
4) All solid waste, with the exception of large, bulky items, shall be deposited promptly in a receptacle, or be so placed or located for collection by the franchisee so as not to create a safety, nuisance, litter or health hazard. Shredded paper, packing peanuts and other materials that could create a litter problem shall be securely bagged before being placed in a receptacle.
5) Bulky solid waste may be placed in an appropriately sized receptacle in accordance with this ordinance, so long as the accumulation does not create a nuisance or fire hazard.
6) All solid waste and recyclable material shall be placed in the appropriate receptacle in a manner that prevents blowing and littering prior to or during collection.
7) Solid waste, source separated recyclable material or compostable material shall be prepared and placed in conformance with the rules adopted by the City for the purpose of mitigating or addressing public health, public safety or pest concerns.
8) No liquid waste or semi-solid waste, excluding food waste, shall be placed in a receptacle, unless it is in a sealed, leak-proof vessel.
B. Solid Waste Receptacles.
1) Receptacles for the collection of solid waste and recycling by the Franchisee 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.
2) Except for drop boxes provided to the generator by the Franchisee, receptacles shall be equipped with lids sufficient to keep out precipitation 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, sealed and sanitary condition by the generator of the solid waste, recyclable material or compostable material. Receptacles used for the disposal of compostable materials may contain vent holes for the purpose of aeration.
3) 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.
4) Receptacles designed for emptying by mechanical means shall not exceed a weight of 180 pounds for 95 gallon receptacles, 120 pounds for 65 gallon receptacles, 60 pounds for 35 gallon receptacles, and 40 pounds for 20 gallon receptacles, including the weight of the receptacles and their contents.
C. Placement of Receptacles for Collection by Franchisee.
1) Receptacles containing solid waste, recyclable materials or compostable materials shall be kept or placed so that there is convenient and safe access for collection service by Franchisee and, except as provided in this section, shall not be kept or placed upon the street, sidewalk or other public place where such placement would be a hazard to pedestrians or the motoring public.
2) All carts designed for mechanical solid waste, recycling or composting collection shall be placed at the curb or roadside by the generator prior to collection time.
3) The generator shall provide safe access to the collection point so as not to jeopardize the persons or equipment supplying service or the motoring public.
4) Receptacles may be placed at or on the curb, whether on the sidewalk or in the street right-of-way, provided that receptacles placed in 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 or next to the curb line.
5) Placement of receptacles at curbside or roadside are limited to a time period of 24 hours prior to collection and 24 hours after collection.
6) Receptacles shall be kept outside of any locked, latched, bolted or hooked enclosure, when placed for collection by Franchisee.
7) No person shall block service access to a receptacle that has been placed for collection.
Section 15. Prohibitions
A. No person shall place hazardous waste into any solid waste, recyclable material or compostable material receptacle or drop box supplied by Franchisee, or place any hazardous waste for collection or disposal by Franchisee. Franchisee shall have no obligation to collect hazardous waste, and title to and liability for hazardous waste shall at no time pass to Franchisee and shall remain with the generator of such hazardous waste.
B. No person shall:
1) Enter into a receptacle for the purpose of compacting the contents of the receptacle.
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Matthew Hald, Mayor |
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ATTEST: |
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Joanna Bilbrey |
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City Recorder |
Accepted this _________ day of ___________________, 2019.
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John Whitmore, President |