Chapter 8.05 SOLID WASTE

This chapter shall be known, pleaded, and cited as the “Cornelius Solid Waste Management and Resource Recovery Code,” and referred to herein as “this code.” [Ord. 908 § 1, 2009.]

8.05.020 Purpose, policy and scope.

(A) To protect the public health, safety, welfare and environment and to conserve energy and natural resources within Cornelius and to carry out recycling, reuse and other resource recovery and waste reduction requirements of ORS Chapters 459 and 459A, it is declared the policy of the city of Cornelius to establish and implement programs to:

(1) Carry out the responsibility and the authority granted, delegated and imposed by ORS Chapters 459 and 459A.

(2) Ensure present and future safe, efficient and economical accumulation, storage, collection, transportation, disposal or resource recovery of or from solid waste.

(3) Ensure maintenance of a financially stable, reliable solid waste management service and facilities.

(4) Eliminate potential overlapping service to reduce truck traffic, street wear, air, water and land pollution and noise.

(5) Ensure just, fair, reasonable and adequate rates providing necessary solid waste management services to the public.

(6) Provide for technologically and economically feasible recycling pursuant to city, county, Metro and state adopted waste reduction and recycling and reuse plans.

(7) Prohibit rate preferences and other discriminatory practices which might benefit one or few users at the expense of other users of the service or the general public.

(8) Provide standards for solid waste management services and public responsibilities.

(9) Provide the basis for coordinated planning and cooperation between the city, county and other local and state governmental units to achieve the purposes of this section.

(10) Protect against improper and dangerous handling of hazardous wastes and infectious wastes.

(11) Provide a basis and incentive for investment in waste handling equipment, facilities, sites, systems and new technology.

(B) The authority granted under the terms of this franchise is also for the purpose of accomplishing the objectives set forth in ORS Chapter 459A. This authority and responsibility includes recycling as required in ORS Chapter 459A, together with regulations promulgated thereunder. The authority granted herein shall also carry out the following:

(1) The purposes of ORS 459A.085.

(2) The recycling, reuse and other requirements of ORS Chapter 459A.

(3) The requirements of any waste reduction program adopted by Washington County and approved by the Oregon Department of Environmental Quality.

(4) The State Solid Waste Management Plan and any adopted Department of Environmental Quality, Washington County and Metropolitan Service District (Metro) Solid Waste Management Plans.

(5) The Oregon Land Conservation and Development Goals No. 6 and No. 11 on environment and public facilities, respectively.

(6) Applicable requirements of the Federal Resource Conservation and Recovery Act of 1976, as amended.

(7) Applicable requirements and provisions of ORS 468.220(6) and 646.740.

(8) Applicable rules, requirements, standards and regulations promulgated under the above. [Ord. 908 § 1, 2009.]

8.05.030 Definitions.

(A) “City council” or “council” means the Cornelius city council.

(B) “City manager” or “manager” means the Cornelius city manager. Wherever this chapter grants authority to the manager, that authority may be exercised by any person designated by the manager.

(1) Any type of consideration paid for service including, but not limited to, rent, 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; or

(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.

(D) “Commercial” means commercial and industrial businesses, including, but not limited to, retail sales, services, wholesale operations, manufacturing and industrial operations, excluding businesses lawfully conducted on residentially zoned property and permitted under applicable zoning regulations.

(E) “Compact” and “compaction” means the process of, or to engage in, the shredding of material or the manual or mechanical compression of material.

(F) “Dispose” or “disposal” means the accumulation, storage, discarding, collection, removal, transportation, and recycling or resource recovery of waste.

(G) “Disposal site” means land and facilities used for the disposal, handling or transfer of or resource recovery from solid wastes, including but not limited to dumps, landfills, sludge lagoons, sludge treatment facilities, disposal sites for septic tank pumping or cesspool cleaning service, transfer stations, resource recovery facilities, incinerators for solid waste delivered by the public or by a solid waste collection service, composting plants and land and facilities previously used for solid waste disposal at a land disposal site; but the term does not include a facility subject to the permit requirements of ORS 4688.050; nor a landfill site which is used by the owner or person in control of the premises to dispose of soil, rock, concrete or other similar nondecomposable material, unless the site is used by the public either directly or through a solid waste collection service; or a site operated by a wrecker issued a certificate under ORS 822.110.

(H) “Franchisee” means Cornelius Disposal Service, Inc.

(I) “Generator” means the person producing solid waste or recyclable material to be placed, or that is placed, for collection and disposal. As used herein, “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 for collection.

(J) “Hazardous wastes” means any wastes defined as such by or pursuant to ORS 466.005; by another governmental unit; or found to be so by the franchisee to service workers, equipment or to the public.

(K) “Mixed recycling” means the process where two or more types of recyclable materials are collected together or commingled (i.e., not separated) in a combination allowed by applicable regulations.

(L) “Multi-family” means property with five or more dwelling units located thereon.

(M) “Person” means the state of Oregon, a public or private corporation, local government unit, public agency, individual, partnership, association, cooperative, firm, trust, estate or any other legal entity.

(N) “Placed for collection” means solid waste that has been placed by the customer for service by the franchisee under the requirements of this chapter.

(O) “Putrescible material” means organic materials that can decompose and may give rise to foul-smelling, offensive odors or products or create a health or vector problem.

(P) “Receptacle” means a can, cart, bin, container, drop box or other vessel used for collection and disposal of solid waste and recyclable materials that have been approved by the city and into which solid waste, recyclable materials or yard debris may be placed for collection.

(Q) “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.

(R) “Residential” means property with four or fewer dwelling units that are used for residential purposes irrespective of whether such dwelling units are rental units or are owner-occupied.

(S) “Resource recovery” means the process of obtaining useful material or energy resources from solid waste and includes:

(1) “Energy recovery” means recovery in which all or a part of the solid waste materials are processed to utilize the heat content (or other forms of energy) of or from the material.

(2) “Material recovery” means any process of obtaining from solid waste, by presegregation or otherwise, materials which still have useful physical or chemical properties after serving a specific purpose and can, therefore, be reused or recycled for the same or other purposes.

(3) “Recycling” means 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. As used in this code, “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.

(4) “Reuse” means the return of a commodity into the economic stream for use in the same kind of application as before without change in its identity.

(T) “Service” means the collection, transportation, storage, transfer, disposal of or resource recovery from solid waste, including solid waste management.

(U) “Solid waste” means all putrescible and nonputrescible wastes, including but not limited to garbage, rubbish, refuse, ashes, waste paper, cardboard, grass clippings, compost, tires, equipment and furniture; sewage sludge, septic tank and cesspool pumpings or other sludge; commercial, industrial, demolition and construction wastes; discarded or abandoned vehicles or parts thereof; discarded home and industrial appliances; manure, vegetable or animal solid and semisolid wastes, dead animals, infectious waste as defined in ORS 459.387, and other wastes; but the term does not include:

(1) Hazardous wastes 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 fowl and animals.

(3) Beverage containers, subject to reuse or refund provisions as set out in ORS 459A.700 to 459A.740.

(V) “Solid waste management” means the prevention or reduction of solid waste; management of the storage, collection, transportation, treatment, utilization, processing and final disposal of solid waste; or resource recovery from solid waste; and facilities necessary or convenient to such activities.

(W) “Source separate” means the process of separating recyclable materials from solid waste by the generator.

(X) “Special service” means collection of bulky waste including furniture, appliances and large quantities of waste.

(Y) “Waste” means material that is no longer usable or wanted by the source of the material, which material is to be utilized or disposed of by another person. For the purpose of this subsection, “utilized” means the productive use of wastes through recycling, reuse, salvage, resource recovery, energy recovery or landfilling for reclamation, habilitation or rehabilitation of land.

(Z) “Waste reduction” means reduction of the volume of waste that would otherwise be disposed of in a landfill disposal site, through techniques such as source reduction, recycling, reuse or other resource recovery.

(AA) “Yard debris” means grass clippings, leaves, hedge trimmings, and similar vegetative waste generated from property or landscaping activities, but does not include stumps or similar bulky wood materials. Yard debris is a subset of solid waste. [Ord. 908 § 1, 2009.]

8.05.040 Grant of exclusive franchise.

There is hereby granted Evergreen Disposal and Recycling, Inc., the exclusive right, privilege and franchise to provide “service” within the city limits subject to provisions of ORS 459.085(3), including those areas that may hereafter be annexed to the city. The franchisee is authorized use of the streets and other public facilities of the city as necessary to provide service. [Ord. 908 § 1, 2009; Ord. 2019-02 § 2.]

8.05.050 Franchise term.

(A) The franchise granted under CMC 8.05.040 shall be in full force and effect as of February 5, 2009, subject to the terms and conditions set out in this code as well as the timely payment of franchise fees to the city.

(B) Unless the council acts to terminate further renewals of the franchise, the franchise is renewed each January 1st beginning January 1, 2010, for a term of seven years running from that January 1st renewal. At five-year intervals, beginning with 2014, the city shall review with the franchisee the standards and provisions contained in this code and make revisions thereto so as to carry out the purpose and policy set out in CMC 8.05.020. At any time the council may give written notification of termination of any further renewal, which may be with or without cause, and the franchisee then shall have a franchise which will terminate five years from date of mailing of the notice of termination, which shall be by certified mail, return receipt requested. The council may later extend the term or reinstate the continuing renewal provision upon agreement with the franchisee. Nothing in this section restricts or limits the ability of the council to suspend, modify or terminate the franchise for cause pursuant to CMC 8.05.140. [Ord. 908 § 1, 2009.]

8.05.060 Franchise fees.

(A) In consideration of the franchise granted by CMC 8.05.040, and for other privileges granted, including but not limited to use of the city streets, the franchisee shall pay the city a fee equal to four percent of the gross cash receipts resulting from any solid waste services subject to the franchise. When any other person without a franchise may conduct activities under CMC 8.05.100(A)(8), no franchise fees shall be payable. To stimulate recycling and reuse and make more materials recyclable, no franchise fee shall apply to gross receipts from collection or sales of recyclable or reusable materials. No franchise fee shall be payable upon that portion of gross receipts paid by the franchisee to Metro or other governmental body under CMC 8.05.070(F).

(B) Such franchise fees shall be computed on a quarterly basis and due to the city 30 days following the end thereof. The franchisee shall maintain an adequate bookkeeping system showing the gross cash receipts resulting from all franchised solid waste services conducted. Records shall be open at reasonable times for audit by authorized personnel designated by the city. [Ord. 908 § 1, 2009.]

8.05.070 Rates.

(A) The rates to be charged to all persons by the franchisee shall be adequate, reasonable and uniform based upon the level and type of service rendered.

(B) Nothing in this section is intended to prevent:

(1) The reasonable establishment of uniform classes of rates based on the type of waste collected, transported, disposed of, recycled or resource recovered; or the number, type and location of customers served; or upon other factors so that rates are reasonably based on the cost of the particular service.

(2) The franchisee from volunteering service at reduced cost for a civic, community, benevolent or charitable purpose.

(C) A regular rate adjustment shall be made no more frequently than annually pursuant to the following criteria and procedures:

(1) In the event either the city or the franchisee proposes a rate change, written notice shall be given to the city or franchisee, respectively.

(2) The notice of proposed rates shall include the new proposed rates and a statement including relevant facts and/or dates justifying the proposed rate.

(3) Within 30 days following the written request for a rate change, the city manager shall make specific findings of fact, giving due consideration to the following factors:

(a) Changes in cost of operation, comparative collection rates of other cities, cost of acquiring and replacing equipment, cost of providing for future, added or different service, and a reasonable operating margin of between eight to 12 percent, stated as a “return on revenue.”

(b) Based upon the findings, the city manager shall render a decision recommending to the city council either that the request for a rate change be approved or denied, or that the rate change requested be approved in a different form.

(4) Within 60 days of the receipt of the city manager’s decision, findings of fact and other materials deemed necessary for a decision, the council shall act upon the proposed rate change. The council may accept, reject or modify the city manager’s decision and enact any resulting rate increase by resolution.

(D) Rates established by the council are fixed and the franchisee shall not charge more or less than the fixed rate except as provided in this subsection and subsection (B)(2) of this section.

(E) When no rate has been established for a service which the franchisee can provide at customer request, the franchisee shall charge a rate based on the factors outlined in subsections (A) and (C)(3)(a) of this section.

(F) By resolution of the council, fees or charges imposed by a governmental body or agency and any increase in disposal fees charged to solid waste collectors shall be passed through to the customers of the franchisee on a proportional basis according to type or class of receptacle. [Ord. 908 § 1, 2009.]

8.05.080 Billing.

(A) The franchisee may require advance payment for residential and multi-family residential service for up to two months in advance; in addition, the franchisee may bill one month in advance, for the current amount, an amount in arrears or any combination thereof. When service is terminated which was paid for in advance, the franchisee will refund a pro rata portion of the payment for any period in which service was not provided. When billed in advance, no rate adjustments shall be effective until the end of the advance billing. Accounts billed two months in advance shall not be considered delinquent until after 30 days from initial billing.

(B) The franchisee may charge at the time of or in advance of providing service for any customer who has not established credit with the franchisee. The franchisee may consider, in approving or disapproving credit, credit information used in the normal course of business practice by other businesses.

(C) Prior to providing service to any person, firm or corporation not previously having service in the city, the franchisee is hereby authorized to require payment of an amount equal to two months’ service from the customer as a deposit against service to be provided by the franchisee. After 12 consecutive months of currently paid service, the franchisee shall refund, without interest, the deposit to the customer. [Ord. 908 § 1, 2009.]

8.05.090 Prohibitions and limitations.

No person shall:

(A) Provide service or offer to provide service without first having obtained a franchise from the city.

(B) Accumulate, store, collect, transport, dispose of or resource recover solid wastes except in compliance with this code, other city codes, ORS Chapters 459 and 459A, all related to solid waste management and any rules or regulations or amendments promulgated under any of the foregoing.

(D) Remove a receptacle from the location where the receptacle was placed for collection, unless the person is authorized to do so by the generator.

(E) Remove the lid from any solid waste or recycling receptacle and remove, disturb, collect, compact or scatter solid waste or recyclable materials placed in such receptacle or deposit solid waste into such receptacle, unless the person is authorized to do so by the generator. [Ord. 908 § 1, 2009.]

8.05.100 Exemptions.

(A) Nothing in this code requires a franchise for the following businesses or practices:

(1) Transportation of solid waste by a person (generated or produced by such person) to a disposal site, resource recovery site or market so long as such person complies with this code, other city regulations and ORS Chapters 459 and 459A relating to solid waste management and regulations promulgated under any of the foregoing. Except as otherwise provided in this subsection, in the case of a residential dwelling unit (whether individually owned, nonowner-occupied or grouped through an association or cooperative of property owners) any waste generated or produced is owned by the individual owner or occupant and not by the landlord, property owner, cooperative or association or property manager or agent of such person. Notwithstanding the foregoing, a person owning, managing or entitled to possession of the property may haul wastes unlawfully left by a tenant or occupant at the end of the lawful term of the tenancy or occupancy.

(2) Transporting, disposing of or resource recovering sewage sludge, septic tank pumpings and cesspool pumpings.

(3) Any person licensed as a motor vehicle wrecker under ORS 822.110, et seq., from collecting, transporting, disposing of or utilizing motor vehicles or motor vehicle parts.

(4) A contractor employed to demolish, construct or remodel a building or structure, including but not limited to land-clearing operations and construction wastes, when the wastes hauled by such contractor are hauled in vehicles owned by, under the control of or in the possession of the contractor and hauled by a contractor or contractor’s employees as a regular part of their employment.

(5) The collection, transportation and reuse of repairable or cleanable discards by private charitable organizations regularly engaged in such business or activity, including but not limited to the Salvation Army, Goodwill Industries and similar organizations.

(6) The collection, transportation or redemption of beverage containers under ORS Chapter 459A, including and limited to that portion commonly known as the “Bottle Bill,” together with other related statutes or regulations promulgated thereunder or under ORS Chapter 459A.

(7) A person that transports or disposes of solid waste accumulated or created as an incidental part of the regular carrying on of the business of a janitorial service, gardening or landscaping service, or rendering service. As used in this subsection, “janitorial service” does not include the collection and disposal of solid waste accumulated.

(8) The collection, transportation and reuse or recycling of totally source-separated materials or operation of a collection center for totally source-separated materials by a religious, charitable, benevolent or fraternal organization, which organization was not organized for nor is operated for any solid waste management purpose and which organization is using the activities for fundraising, including but not limited to Scouts, churches, service clubs, school-sponsored activities, and similar organizations or activities as determined by the city manager.

(9) Recyclable material collection, handling, processing, transportation or marketing when the recyclable material is source-separated by the generator and is purchased from or exchanged by the generator for fair market value for recycling or reuse.

(B) Nothing in this code:

(1) Requires the franchisee to store, collect, transport, dispose of or resource recover any hazardous waste; provided, however, that the franchisee may engage in the management of hazardous wastes in compliance with all city, local, state and federal laws, rules or regulations.

(2) Requires the franchisee to service a receptacle that fails to meet the standards set out in CMC 8.05.170, if servicing such a receptacle would create a collection safety hazard for the franchisee’s employees or equipment.

(3) Prohibits any governmental entity from accumulating, storing, collecting, transporting, disposing of or resource recovering solid waste generated from or by the operations of that entity as long as the entity complies with the provisions of the CMC, ORS Chapters 459 and 459A dealing with solid waste management, and regulations promulgated under any of the foregoing.

(C) The city council may withdraw any other practice, business or activity by resolution of the council, after a public hearing thereon, and based upon written findings adopted by the council that the exemption is designed to carry out the purposes of CMC 8.05.020; that there is a need for the proposed service; that the franchisee cannot or will not provide the proposed service; that the applicant has the necessary equipment, personnel, finances and experience to provide the service; and, that the granting of the exception will not materially detriment or substantially impact service, consumer rates or the franchisee.

Prior to granting such an exemption, the city manager shall give 30 days’ prior written notice from date of mailing by certified mail, return receipt requested, to the franchisee of the public hearing and proposed basis of the exemption. [Ord. 908 § 1, 2009.]

8.05.110 Franchisee obligations.

(A) The franchisee shall:

(1) Furnish sufficient vehicles, receptacles, personnel, finances and scheduled days of collection in each area of the city as necessary to provide solid waste management service as required under this code; or subcontract with others to provide such service pursuant to this code; provided, however, that the franchisee shall remain responsible for performance and quality of the service required by this code. Should the franchisee utilize a subcontractor to perform any of the obligations imposed by this section, they too shall be subject to and comply with all provisions of this code.

(2) Furnish the level and type of services provided on the effective date of the ordinance codified in this code together with any additional service(s) or change(s) therein as may be directed by the city council, including but not limited to recycling and reuse or waste reduction, and at rates established by the council. When emergency services are needed, the city manager may direct the franchisee to provide special emergency services.

(3) Except as provided in CMC 8.05.160 and for will-call collections, make residential collections no less often than once a week for putrescible materials.

(4) Permit inspection by the city of the franchisee’s facilities, equipment, books and personnel at reasonable times.

(5) The franchisee shall inform all customers of the service requirements contained in CMC 8.05.170 and in any administrative rules promulgated thereunder.

(6) The franchisee shall comply with all laws relating to solid waste management service.

(7) The franchisee shall be solely responsible for the resolution of disputes with customers unless a customer cannot meet the standards in CMC 8.05.170 and either the franchisee or the customer requests intervention by the city in the dispute.

(B) The franchisee shall provide the level of recycling and reuse service required by ORS Chapter 459A, and any waste reduction plan of either Washington County or Metro as may now exist or come into existence during the term of the franchise or any extension thereof.

(1) The minimum level of recycling, reuse and waste reduction services which are a continuing responsibility of the franchisee are as follows:

(a) Provide curbside collection of recyclable materials and yard debris for residential customers on a schedule approved by the city. This service shall be for both yard debris and recyclable materials on the DEQ list of principal recyclable materials. Any yard debris and recyclable material placed for collection shall be prepared in accordance with city-approved instructions provided by the franchisee to their customers.

(b) Provide collection of recyclable materials from commercial, industrial, institutional, governmental and multi-family residential sources at the frequency required by the Waste Reduction Plan of Washington County, Metro Solid Waste Management Plan or as may be otherwise directed by the city.

(c) Provide notice to potential recycling and reuse sources, provide quarterly notices to customers as required by ORS Chapter 459A, and sponsor educational promotional activities to increase public participation in recycling.

(d) Provide such additional recycling or reuse service as directed by the council when the council finds that said service is required by the city, Metro, Washington County or other wasteshed area, including the state.

(1) Pursuant to ORS Chapter 459A, the net cost of any required or permitted recycling as well as the cost of any notice, educational or promotional service shall be considered as a cost of doing business, and as part of the rate base, to be considered in all future rate adjustments. When there is a significant net cost increase for recycling or providing educational/promotional services that has not previously been included in the rate base, it may be considered by the franchisee as an additional, unanticipated cost and the franchisee may apply to the city for a supplemental rate increase.

(2) The franchisee may subcontract all or a portion of any waste reduction program or activity; however, the franchisee would remain primarily liable for the performance and quality of all said subcontracted services. Any subcontractor shall comply with all provisions of this code.

(D) The franchisee shall:

(1) Resource recover or dispose of collected wastes in compliance with applicable city, county and state statutes, including ORS Chapters 459 and 459A, as well as regulations promulgated under any of the above. All collected wastes which are not resource recovered shall be delivered to a DEQ-approved disposal site.

(2) Not later than 10 days prior to the effective date of the ordinance codified in this code, file with the city recorder a written acceptance of the franchise set out in CMC 8.05.040.

(E) City Service.

(1) The franchisee shall provide collection services to property owned, controlled or operated by the city at no cost to the city, including bus stops.

(2) All services provided the city (including the operating costs associated with provision of park and bus stop collection services) shall be considered a cost of doing business and part of the rate base to be considered in future rate adjustments. The franchisee shall provide documentation supporting said operating costs to the city.

(F) The scope of the services and affected properties identified in subsection (E) of this section shall be agreed to by the franchisee and the city in writing with a copy thereof kept for public inspection in the office of the city recorder. [Ord. 908 § 1, 2009.]

8.05.120 Subcontracts.

The franchisee may subcontract to provide a portion of required service(s) when the franchisee either does not have the necessary equipment or service capability. Such a subcontract shall not relieve the franchisee from its primary responsibility to provide and maintain service in compliance with the franchise and this code. In addition, the subcontractor shall comply with all provisions of the code and franchise. [Ord. 908 § 1, 2009.]

8.05.130 Transfer of the franchise.

Any transfer or assignment of the franchise or a stock transfer that would change the controlling interest shall not become effective until submitted to and approved by the city council. Any transfer of the franchise shall be granted by the council if the applicant for the transfer provides a letter of consent from the current franchisee and applicant demonstrates to the city council’s satisfaction that:

(A) The applicant has the available resources (including but not limited to vehicles, equipment, facilities and personnel) sufficient to meet the standards of service established by this code.

(B) The person has sufficient experience to ensure compliance with this code.

(C) The person has in force, or provides a letter of intent for, liability insurance in the amounts and for the coverage required by this code. Upon award of the transfer, the applicant shall provide the city with certificate(s) of insurance evidencing the coverage and amounts prior to the effective date of the transfer. [Ord. 908 § 1, 2009.]

8.05.140 Suspension, modification or termination.

(A) Failure to comply with a written notice to provide service(s) required by this code, or otherwise comply with the code after written notice from the city to do so, is grounds for modification(s), termination or suspension of the franchise.

(1) After written notice is given, the franchisee shall have 10 days from the date of the notice to comply, request a public hearing before the council, or request an extension for compliance. The council shall grant said extension if the franchisee shows good cause.

(2) In the event the franchisee or the city manager requests a hearing, the franchisee shall be given 20 days’ prior notice for the time, date and place of the hearing.

(3) At the public hearing, the franchisee and other interested persons shall be given an opportunity to present oral or documentary evidence to the council. The council’s findings shall be conclusive; provided, however, that such action may be judicially reviewed by way of ORS 34.010, et seq.

(4) If the franchisee fails to comply with the written notice or with the council’s order after the public hearing, the franchise may be suspended, modified or terminated.

(B) In the event the council finds an immediate health or safety danger to the public, it may take action to alleviate such condition(s) within the time specified in a notice to the franchisee prior to a public hearing on said action. [Ord. 908 § 1, 2009.]

8.05.150 Business recycling.

(A) All businesses required to have a city of Cornelius business license (Chapter 5.05 CMC) shall recycle as follows:

(1) Businesses shall source separate from the waste stream all paper, cardboard, glass/plastic bottles or jars, and aluminum/tin cans;

(2) Businesses and business recycling service customers shall provide recycling containers for internal maintenance or work areas where recyclable materials may be collected, stored, or both; and

(3) Businesses and business recycling service customers shall post accurate signs where recyclable materials are collected, stored, or both that identify the materials that the business must source separate and that provide recycling instructions.

(B) Exemptions.

(1) This section does not apply to a business operated from their home. A residence is the place where a person lives.

(2) A business may seek an exemption from the requirements in subsection (A) of this section, if:

(a) The business provides access to the city or designated agent for a site visit; and

(b) The city or designated agent determines during the site visit that the business cannot comply with the business recycling requirement because of space or economic restrictions or other extenuating circumstances.

(1) Notify businesses of the business recycling requirement at the time application is made for a business license;

(2) Provide businesses with education and technical assistance to assist with meeting the requirements of this section; and

(3) The city’s business license procedures shall include provisions requiring that the business shall certify that they have complied with the requirements of this section upon signing the business license application and the business shall also certify upon renewal of the business license that they have complied with the requirements of this section.

(D) A business that does not comply with the business recycling requirement may receive a written notice of noncompliance. The notice shall describe:

(1) The violation;

(2) How the business or business recycling service customer can cure the violation within the time specified in the notice; and

(3) An offer of assistance with compliance.

(E) A business or business recycling service customer that does not cure the violation within the time specified in the notice of noncompliance may receive a written citation. The citation shall provide:

(1) An additional opportunity to cure the violation within the time specified on the citation; and

(2) Notification to the business or business recycling service customer that it may be subject to a fine.

(F) A business or business recycling service customer that does not cure the violation within the time specified in the notice of noncompliance may be subject to a fine. [Ord. 908 § 1, 2009; Ord. 909 § 1, 2009.]

8.05.160 Termination of service.

The franchisee shall not terminate or otherwise interrupt service to all or any portion of its customer base unless:

(A) Street or road access is blocked and there is no alternative route; provided, that the franchisee shall restore service not later than 24 hours after street or road access is reopened.

(B) Weather conditions render service unduly hazardous to the franchisee’s employees and/or equipment, or such termination/interruption is caused by accidents or casualties caused by an act of God, a public enemy or a vandal.

(D) The customer’s billing is delinquent 60 days from and after the date of the billing. [Ord. 908 § 1, 2009.]

8.05.170 Public responsibilities.

(A) Preparation of Solid Waste.

(1) Solid waste shall be drained of surplus liquid and placed in a leak-proof receptacle. No liquid waste or semi-solid waste shall be directly placed in a receptacle.

(2) Pet feces, sharp objects such as broken glass and knives and any other solid waste with the potential of causing injury or disease shall be securely wrapped in a manner to prevent exposure or injury to the public or to the franchisee’s employees.

(3) Ashes shall be allowed to cool and be securely wrapped or bagged before depositing in any receptacle.

(4) No hazardous waste shall be put into any receptacle placed for collection or disposal by the franchisee.

(5) When materials, customer abuse, fire or vandalism causes excessive wear or damage to a receptacle provided by the franchisee, the cost of repair or replacement may be charged to the customer.

(6) Areas around the receptacles shall be free of accumulated waste. The franchisee shall periodically maintain receptacles supplied by the franchisee, if maintenance is needed.

(B) Solid Waste Receptacles.

(1) Receptacles for mechanical collection shall be provided the generator by the franchisee unless otherwise authorized by the franchisee.

(2) Except for drop boxes, receptacles shall be equipped with lids sufficient to keep out water and prevent disturbance by animals and entry by pets; shall be kept closed except when being filled, emptied or cleaned; and shall be kept in a clean, leak-proof and reasonable sanitary condition by the generator. Except for drop boxes, receptacles shall not be filled so that the lid cannot be securely closed. If such a receptacle is overfilled, an additional disposal fee may be charged.

(3) Solid waste placed in receptacles not designed for emptying by mechanical means shall not exceed 60 pounds, including the receptacle and its contents. The receptacle shall have tapered sides, a bail or two handles on opposite sides, a close-fitting lid with handle, not exceed 32 gallons in capacity and be watertight in construction. They shall be made of metal or other rigid material that will not crack or break in freezing weather, are rodent-resistant and easily cleanable.

(4) Receptacles known as “carts” designed for emptying by mechanical means shall not exceed a weight of 180 pounds for 90- to 95-gallon receptacles, 120 pounds for 60- to 65-gallon receptacles, 60 pounds for 32- to 35-gallon receptacles and 40 pounds for 20-gallon receptacles, including the container and contents.

(5) A stationary compactor or other container for commercial or industrial use shall not exceed the safe loading or design limits for the operation of the collection vehicles; nor shall the weight put the collector over the weight limit for the loaded vehicle. The collector shall furnish the customer with information concerning limitations on his equipment, upon request. If the weight of a container exceeds 250 pounds (loose), an additional disposal fee may be charged.

(6) No person shall install a stationary compactor for collection of solid wastes unless the franchisee has been notified, has the equipment to handle the solid waste and the compactor complies with all applicable federal and state laws and regulations.

(7) If the contents of a receptacle are compacted, either mechanically or manually, the compactor rate will be charged.

(8) Sunken refuse cans or containers shall not be serviced unless they are placed above ground by the customers for service.

(1) Receptacles containing solid waste, recyclable materials or yard debris shall be kept or placed for convenient and safe access for collection, and (except as provided in this subsection) shall not be kept upon the street, sidewalk or other public place unless first approved by the city.

(2) All carts designed for mechanical collection shall be placed at the curb or roadside by the generator prior to collection time.

(3) Placement of receptacles for collection is limited to a time period of 24 hours prior to pickup and 24 hours after pickup.

(4) Receptacles shall be placed so that no part of the receptacle may be more than three feet from the curb or edge of the street. Placement shall be made so receptacles are within manageable reach if standing in the street at or next to the curb or roadside line.

(5) The generator shall provide safe access to the pickup point so as not to jeopardize the franchisee’s (or subcontractor’s) employees or equipment, pedestrians, mailboxes, bicyclists or the motoring public.

(6) Receptacles shall be placed for collection outside any locked, latched, bolted or hooked enclosure. Access must not require the collector to pass under low-hanging obstructions such as eaves, tree branches, clotheslines or electrical wires which obstruct safe passage to and from receptacles.

(7) No person shall block service access to a commercial container that is one cubic yard capacity, or a larger drop box or roll-off box or other similar receptacle for solid waste or recycling collection. Customers using containers shall provide a location so as to meet standards of the Consumer Products Safety Commission and the city’s design review requirements.

(8) Solid waste service customers shall place items not intended for pickup at least five feet from any solid waste can or container. [Ord. 908 § 1, 2009.]

8.05.180 Violations.

(A) Violations of the prohibited behavior listed in CMC 8.05.090 are subject to general penalty provisions of the Cornelius Municipal Code.

(B) No person shall provide nor offer to provide solid waste management service in the city of Cornelius unless they are exempted under CMC 8.05.100 or unless they are the franchisee to whom this franchise is granted. [Ord. 908 § 1, 2009.]

8.05.190 Enforcement.

(A) The city may enforce the provisions of this code by administrative, civil or criminal remedies or any combination as necessary to obtain compliance with this code. The city council shall take such legislative action as is necessary to support the code and the franchise granted thereunder.

(B) The franchisee may enforce payment or protect its rights granted by the terms of the franchise by civil action.

(C) The city manager shall enforce the provisions of this code. The city manager or his designate may enter any affected premises at all reasonable times to determine compliance with the provisions of this code. Failure on the part of a customer to cooperate and allow inspection by the city shall relieve the franchisee from provision of service. [Ord. 908 § 1, 2009.]

8.05.200 Insurance requirements.

(A) Insurance. The franchisee shall maintain general commercial liability, business interruption and automobile insurance policies in such forms and with such companies as shall be approved by the city manager. The insurance policies shall name the city, its elected and appointed officials, officers, agents and volunteers as additional insureds. The policies shall be primary and provide single limit general liability coverage of not less than $2,000,000 and separate automobile coverage of $1,000,000 or the limit of liability contained in ORS 30.260 to 30.300, whichever is greater. Certificates of insurance shall provide the city with not less than 30 days’ written notice of cancellation or material change to each policy.

(B) Indemnification. The franchisee’s rights as franchise holder are conditioned on the franchisee’s indemnifying, defending and saving harmless the city, its council, employees, agents and insurers against any liability or damage which may arise or occur as the result of the franchisee’s performance under the terms of this code. [Ord. 908 § 1, 2009.]

8.05.210 Rules and regulations.

The city may propose and prepare rules and regulations pertaining to this code. The rules and regulations shall be in writing and be maintained for inspection in the office of the city recorder. All rules and regulations promulgated under the authority of this section (and amendments thereto) shall be forwarded to the franchisee, who shall have not less than 30 days to respond in writing to such rules and regulations. If the franchisee has objections or revisions to the proposed rules, the franchisee shall meet and confer with the city manager regarding the franchisee’s concerns. If the concerns are not resolved through consultation with the city, then the city shall forward the proposed rule, with the franchisee’s comments, to the city council for its consideration. The franchisee may request that the city council hold a public hearing on a proposed rule. The council may approve the proposed rule as submitted, modify the rule, or reject the rule. The city shall enact all rules by written order. [Ord. 908 § 1, 2009.]

8.05.220 Amendments.

The city or the franchisee may propose amendments to this code. Proposed amendments shall be in writing and shall be delivered to the city and the franchisee. The city council shall hold a public hearing on the proposed amendments. The franchisee shall be given at least 30 days’ written notice of such hearing. The city council may, after a public hearing, adopt the amendments. The franchise shall be amended upon acceptance of the amendments by franchisee. The franchisee shall accept any amendment which is necessary to conform the franchise requirements to new or modified requirements imposed upon the city by an outside regulatory agency. If there is a financial impact to the franchisee as a result, such impact shall be considered as a cost of doing business to the franchisee and may be included as part of the rate base subject to documentation of said cost being provided the city. [Ord. 908 § 1, 2009.]

8.05.230 Appeals.

(A) Any determination by the franchisee may be appealed to the city manager within 15 days. Appeal must be filed in writing with the city recorder.

(B) Any determination by the city manager pursuant to this code may be appealed to the city council within 15 days. Appeal must be filed in writing with the city recorder. [Ord. 908 § 1, 2009.]

8.05.240 Severability.

Any judicial determination that any portion(s) of this code are unconstitutional or otherwise invalid shall not invalidate other provisions of this code. [Ord. 908 § 1, 2009.]