(A) The franchisee, the city and the public shall comply with the provisions of state law, including but not limited to O.R.S. Chapter 459, O.R.S. Chapter 659A, O.R.S. Chapter 654 (Employment Safety and Health), and O.R.S. 656 (Workers Compensation) as well as the regulations promulgated pursuant thereto by the Department of Environmental Quality, the Workers’ Compensation Department, and the State Accident Insurance Fund. The rules for the administration of the Oregon Safe Employment Act and the Oregon Occupational Safety and Health Code shall be complied with. The following requirements shall pertain to service under this chapter;
(1) No solid waste receptacle designed for manual collection service shall exceed 32 gallons in size or weigh more than 60 pounds gross loaded weight. Thirty-five gallon carts may be substituted for 32 gallon can at the discretion of the franchisee. Cans shall be tapered, so they are larger at the top, shall have tight fitting lids, be leakproof, and have bales or handles at the bottom. Sunken cans or containers shall not be installed. No cart designed for mechanical collection shall exceed 60 pounds gross content weight for a 35-gallon carts, 120 pounds gross content weight for a 60-gallon cart or 180 pounds gross content weight for a 90-gallon cart.
(2) To protect against injury to employees of the franchisee and to protect against rodent and fire danger, cans shall be rigid and composed of materials that resist splitting or cracking from changes in weather conditions.
(3) The customer shall provide safe access to the pick-up point so as not to jeopardize the persons or equipment supplying service or the motoring public.
(4) All solid waste located, placed or deposited in a can, container, drop box or receptacle provided by the franchisee to a customer or placed out by the customer for collection by the franchisee shall belong to the franchisee.
(B) To protect the privacy, safety, pets and security of the customer, and to prevent unnecessary physical and legal risk to the franchisee and its employees, a residential customer shall place the container to be emptied outside any locked or latched gate and outside any garage or other building. Nothing contained herein shall prevent or discourage the use of site obscuring waste receptacle screening for commercial or industrial containers or drop boxes.
(C) Stationary compactors for handling solid waste shall comply with applicable federal and state safety regulations. No such compactor shall be loaded so as to exceed the safe loading design limit or operation limit of the collection vehicles used by the franchisee. A person who wishes services for a compactor shall, prior to acquisition of such compactor, inquire of the franchisee as to compatibility with franchisee’s equipment or equipment that the franchisee is willing to acquire.
(D) Putrescible solid waste shall be removed from the premises of a customer at regular intervals not to exceed 7 days.
(E) Except as otherwise expressly provided in this chapter, any person who receives service shall be responsible for payment for said service.
(Ord. 2007-11-02, passed 11-13-2007; Ord. 2010-04-01, passed 5-13-2010; Am. Ord. 2012-11-01, passed 11-13-2012)