ORDINANCE 98-4

A GENERAL ORDINANCE RELATING TO SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY, GRANTING AN EXCLUSIVE FRANCHISE 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 WASTES AND TO RECYCLE RECYCLABLE MATERIALS, AND REPEALING ORDINANCE NO.

THE CITY OF SODAVILLE 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. Purpose, Policy and Scope.

It is declared to be the public policy of the City of Sodaville to regulate Solid Waste Management by:

(1) Insuring safe, economical, and comprehensive solid waste service;

(2) Insuring service rates and charges that are just and reasonable and adequate to provide necessary public service;

(3) Prohibiting rate preferences and other discriminatory practices; and

(4) Providing technologically and economically feasible resource recovery.

Section 3. Definitions.

Except where the context clearly indicates a different meaning, the definitions appearing in ORS 459.005, 459A.005 and regulation promulgated thereunder are applicable to this ordinance. The singular includes the plural and vice versa. As used in this ordinance, the following words shall be defined as follows:

(1) City.

The City of Sodaville. Where the city limits are extended, the City shall include such extended geographic boundaries.

(2) Compensation.

Compensation includes:

(a) Any type of consideration paid for service including, but not limited to, rent, any direct or indirect provision for the payment of money, goods, services or benefits by tenants, lessees, occupants or similarly situated persons; and

(b) The exchange of service between persons.

(3) City Council.

The City Council of the City of Sodaville.

(4) Franchisee.

Albany-Lebanon Sanitation Company of Albany, Oregon.

(5) Person.

An individual, partnership, association, corporation, trust, firm estate or other private legal entity.

(6) Service.

The collection, storage, transfer, transportation or disposal of or the resource recovery from solid waste.

(7) Recyclable Materials.

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.

(8) 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.

(9) 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:

(a) Hazardous waste as defined in ORS 466.005.

(b) 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.

(c) Beverage containers, subject to reuse or refund provisions, contained in ORS 459A.700 through 459A.740.

(10) 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.

(11) Waste.

Useless or discarded materials.

Section 4. Exclusive Franchise and Exceptions.

There is hereby granted to Albany-Lebanon Sanitation Company of Albany, Oregon, the exclusive right, privilege and franchise to provide solid waste management service and for the purposes stated herein to utilize the streets and facilities of the City of Sodaville. No other person shall provide or offer to provide such service for compensation. This grant of an exclusive franchise is under the specific authority of ORS 459A.085 and under ORS 459A. 085(3), the City recognizes the franchisee as the existing collection service, and grants this franchise upon the basis that the whole city is one service area. Nothing in this franchise or this section or ordinance shall:

(1) Prohibit any person from transporting wastes he produces himself to an authorized disposal site or resource recovery facility providing he complies with Section 11 of this ordinance.

(2) Prohibit any person from engaging in a charitable, civic, or benevolent activity.

Section 5. Franchise Term.

The rights, privilege and franchise herein granted shall be considered as a continuing six-year franchise subject to termination as follows:

Unless grounds exist for suspension, modification, or revocation of the franchise under Section 8 of this ordinance, this ordinance shall be considered as a continuing six-year term. That is, beginning on January 1st of each year, the franchise shall be considered renewed for an additional six-year term, unless at least thirty (30) days prior to January 1st of any year the City shall notice the franchisee of intent to terminate the franchise. Upon the giving of such notice of termination, the franchisee shall have a franchise which shall terminate six years from January 1st following the date of notification.

Section 6. Franchise Fee.

Franchisee shall remit to the City of Sodaville a license fee equal to four percent (4%) of gross revenues actually collected for service to customers within the City of Sodaville. Franchisee shall report and pay the franchise fee quarterly on or before the 20th day of the succeeding month. The report shall consist of a statement of gross revenue collected from customers within the City of Sodaville during the preceding month, a calculation of the applicable fee, and a signed certification that the signer is the officer or person authorized by the franchisee to execute the report and that the report is true and complete. Each report shall be accompanied by full payment.

Section 7. Franchisee Responsibility.

(1) The franchisee shall dispose of solid waste collected at a DEQ approved site, and recover resources from the solid waste in compliance with ORS Chapters 459 and 459A and any rules or regulations, adopted pursuant to such statute.

(2) The 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 provide coverage for not less than the limits of liability for public bodies under ORS 30.270. Such insurance shall be maintained in full force and effect, and it shall name the City of Sodaville as named insureds.

(3) The franchisee shall provide sufficient collection vehicles, containers, 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 the provisions of this ordinance.

(4) 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. All open truck loads used by a franchisee 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.

(5) The franchisee may terminate service to a customer for non-payment by the customer within forty-five (45) days of the mailing of the bill. The franchisee may require advance payment in the future from a previously non-paying customer before resuming service.

(6) The 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 account at any time during business hours and may audit the books from time to time. Those books shall be kept at an office in Linn County, Oregon. The City may require periodic reports from franchisee relating to operations and revenues within the City.

(7) The franchisee shall provide the Opportunity to Recycle by providing weekly curbside recycling collection to city residences, and shall comply with the provisions of ORS 459A. In addition, the franchisee shall comply with any and all rules and regulations adopted by the Department of Environmental Quality and Linn County.

(8) Except as otherwise provided, the franchisee shall not give any rate preference to any person. 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.

(9) The franchisee shall not assign or transfer to a third person the franchise or any part thereof without written approval of the City. Nothing contained herein shall be construed as prohibiting a pledge or assignment by franchisee of an interest in the franchise or monies due for service as financial security, so long as the franchisee remains primarily responsible for obligations under this ordinance.

(10) The franchise will provide one (30 cubic yard) dumpster annually for city cleanup.

Section 8. Suspension Modification or Revocation of Franchise.

(1) The City Council may suspend, modify, or revoke this franchise upon finding that the franchisee has committed any of the following acts:

(a) Willfully violated this ordinance or ORS Chapter 459 or any rule or regulation, promulgated thereunder.

(b) Materially misrepresented statements in an application for a franchise, the report of gross receipts or any other report given to the City.

(c) Willfully refused to provide adequate service.

(d) Willfully refused a request for inspection of facilities, equipment, personnel or records, relating to service.

(2) When the City receives information, indicating a violation of this section, a written notice of such violation shall be provided to the franchisee. Such notice shall provide a description of the alleged violation, and shall provide a reasonable opportunity to correct the violation.

(3) Upon receipt of the written notice, referred to in subsection (2), 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. 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.

(4) The Council shall adopt findings which will support or deny the alleged violation. The Council may, on the basis of such findings, suspend, modify or revoke the franchise 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.

The 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 subcontract shall not relieve the franchisee of responsibility for compliance with this ordinance.

Section 10. Rates.

The rates for service under this ordinance shall be those rates approved by the Linn County commissioners.

Section 11. Public Responsibility.

In addition to compliance with ORS Chapters 459 and 459A and regulations promulgated pursuant thereto:

(1) To prevent recurring back and other injuries to collectors and other persons and to comply with safety considerations for collectors:

(a) No garbage can designed for manual pick-up shall exceed 60 pounds gross loaded weight nor 32 gallons in size. Only round garbage cans shall be used. Cans should be tapered with a smaller bottom than top opening.

(b) No cart designed for mechanized pick-up shall exceed 120 pounds gross loaded weight. Only carts provided by the franchisee shall be used.

(c) Sunken refuse cans or containers shall not be used.

(d) 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 or cans meeting the standards set forth by the State Accident Prevention Division will be permitted.

(e) The user shall provide safe access to the pick-up 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 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.

(2) Every person who generates or produces solid waste or wastes shall remove or have removed all putrescible wastes at least every seven (7) days. All wastes shall be removed at sufficient frequency as to prevent health hazards, nuisances, or pollution.

(3) 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.

(4) 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.

(5) To prevent injuries to users and collectors, stationary compacting devices for handling solid wastes shall comply with applicable federal and state safety regulations.

(6) Any vehicles used by any person to transport wastes shall be so loaded and operated as to prevent the wastes from dropping, sifting, leaking, blowing, or other escapement from the vehicle onto any public right-of-way or lands adjacent thereto.

(7) Any person who receives service shall be responsible for payment for such service. When the property owner of a single or multiple dwelling unit or mobile home or trailer space has been previously notified in writing by the franchisee of his contingent liability, the property owner shall be responsible for payment for service provided to the occupant of such unit if the occupant does not pay for the service.

Section 12. Construction.

Any finding by any court of competent jurisdiction that any portion of this ordinance is unconstitutional or invalid shall not invalidate any other provision of this ordinance.

Section 13. City Enforcement.

No penalty of fine or imprisonment is provided for violation of this ordinance, but the City Council may seek any appropriate legal or equitable relief through the courts of the State of Oregon for violation of this ordinance.

Passed by the Council this 24 day of February, 1998.