Section
General Provisions
52.01 Purpose, policy and scope
52.02 Definitions
Customer Responsibility
52.15 Preparation of solid waste for collection
52.16 Solid waste receptacles
52.17 Placement of receptacles for collection
52.18 Multiple dwelling units
52.19 Payment for services
52.20 Prohibitions
52.99 Penalty
Cross-reference:
Solid waste management franchise, see TSO, Table II
GENERAL PROVISIONS
It is declared to be the public policy of the City of Union to regulate solid waste management by:
(A) Insuring safe, economical and comprehensive solid waste management service;
(B) Insuring rates and charges that are just and reasonable and adequate to provide necessary solid waste management service;
(C) Prohibiting rate preferences and other discriminatory practices; and
(D) Complying with all requirements of O.R.S. Chapters 459 and 459A, together with regulations promulgated thereunder.
(Ord. 517, passed 2-9-2009)
Except where the content clearly indicates a different meaning, definitions appearing in O.R.S. 459.005 and 459A.005 and regulations promulgated thereunder, are applicable in this chapter. The singular includes the plural and vice versa. As used in this chapter, the following words shall be defined as follows unless the context indicates or requires a different meaning.
CITY. The City of Union.
COMPACT and COMPACTION. The process of, or to engage in, the shredding of material, or the manual or mechanical compression of material.
COMPENSATION. Includes:
(1) Any type of consideration paid for service, including, but not limited to, rent, the proceeds from resource recovery, 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 services or from a person providing services to another person owning, possessing or generating solid waste.
DISPOSE or DISPOSAL. The accumulation, storage, discarding, collection, removal, transportation, recycling or resource recovery of waste.
FRANCHISE. The grant by the city to a person to provide solid waste management service, as provided by this code.
FRANCHISEE. The person to whom the exclusive franchise is granted under this code.
GENERATOR. The person who produces solid waste or recyclable material to be placed, or that is placed, out for collection and disposal. As used in this chapter, a 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 the GENERATOR and placed out for collection and disposal.
HAZARDOUS WASTE. This has the meaning given in O.R.S. 466.005.
PERSON. An individual, partnership, association, corporation, firm, trust, estate, cooperative or other private legal entity.
PLACED FOR COLLECTION. To put solid waste out for collection by a franchisee, as provided in this code.
RECEPTACLE. A trash can, cart, bin, container, drop box or other vessel used for the disposal of solid waste, and into which solid waste may be placed for collection and disposal.
SERVICE. The collection, storage, transportation, transfer or disposal of solid waste by the franchisee, which shall be performed in accordance with the service requirements of this code.
SOLID WASTE. All putrescible and non putrescible wastes, including but not limited to garbage, rubbish, refuse, trash, 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 as defined in O.R.S. 459.386; and other wastes; but the term does not include:
(1) HAZARDOUS WASTE as defined in O.R.S. 466.005.
(2) Materials used for fertilizer or for other productive purposes or which are salvageable as such materials and 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 O.R.S. 459A.700 to 459A.740.
SOLID WASTE MANAGEMENT. The prevention or reduction of solid waste; the business of collection, transportation, storage, treatment, utilization, processing, disposal, recycling and resource recovery of solid waste; and the facilities necessary or convenient to such activities.
WASTE. Useless or discarded materials.
(Ord. 517, passed 2-9-2009)
CUSTOMER RESPONSIBILITY
(A) Garbage shall be drained of surplus liquid and placed in a closed, leak-proof receptacle.
(B) Pet feces, sharp objects such as broken glass and knives, and any other waste with potential of causing injury or disease shall be securely wrapped in a manner to prevent exposure or injury to the public, the franchisee, or employees of the franchisee.
(C) Hazardous materials, chemicals, paint, corrosive materials, infectious waste or hot ashes shall not be put into a receptacle. Ashes shall be allowed to cool and shall be securely wrapped or bagged before being deposited in any receptacle. When materials or customer abuse, fire or vandalism causes excessive wear or damage to a receptacle, the cost of repair or replacement may be charged to the customer.
(Ord. 517, passed 2-9-2009) Penalty, see § 52.99
(A) Receptacles for mechanical collection shall be provided to the generator by 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; they shall be kept closed, except when being filled, emptied or cleaned; and they shall be kept in a clean, leak-proof and sanitary condition by the generator of the solid waste.
(C) Sunken refuse cans or receptacles shall not be installed or used.
(D) Stationary compactors shall comply with applicable federal and state safety regulations. No stationary compactor or other container or drop box shall be loaded so as to exceed the safe design limit or operation limit for collection vehicles used by franchisee. A person who wishes service for a compactor that the person is going to acquire shall acquire a compactor approved by the franchisee that is compatible with the equipment of the franchisee or the equipment the franchisee is willing to acquire.
(Ord. 517, passed 2-9-2009) Penalty, see § 52.99
(A) Receptacles shall be kept or placed so that there is convenient and safe access for collection service.
(B) All carts designed for mechanical collection shall be placed at the curb or roadside by the generator prior to collection time.
(C) 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.
(D) Receptacles shall be kept outside of any locked, latched, bolted or hooked enclosure.
(E) No person shall block service access to a commercial receptacle that is one cubic yard capacity or larger, a drop box or roll-off box or other similar receptacles for collection.
(Ord. 517, passed 2-9-2009) Penalty, see § 52.99
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