Chapter 8.04
SOLID WASTE MANAGEMENT

Sections:

8.04.010    Short title.

8.04.020    Purpose, policy and scope.

8.04.030    Definitions.

8.04.040    Exemptions.

8.04.050    Administration.

8.04.060    Committee authorization and appointment.

8.04.070    Requirements for solid waste collection franchise and public responsibilities.

8.04.080    Rates and charges for collection services by franchisees.

8.04.090    Suspension, modification or revocation of franchise.

8.04.100    Violations—Penalties.

8.04.110    Appeals.

8.04.120    Existing franchises.

8.04.130    Refuse hauling.

8.04.010 Short title.

This chapter shall be known and cited as the “solid waste management chapter.” (Ord. O-115-98 § 1.0, 1998)

8.04.020 Purpose, policy and scope.

A.    The purpose, policy and scope of this chapter is to protect the health, safety and welfare of the citizens of Jefferson County; to provide a coordinated system for the collection and disposal of waste, solid waste and recyclable materials; and to provide a franchise system and recycling program. It is declared to be the public policy of Jefferson County to regulate the collection, transportation and disposal of solid waste as well as recycling, resource recovery and the utilization of recyclable materials in order to:

1.    Provide for safe and sanitary collection, transportation and disposal of waste and solid waste;

2.    Provide a coordinated county-wide program for the control of waste and solid waste and recyclable materials in coordination with state and federal agencies and all applicable laws and statutes;

3.    Provide for and encourage research, studies, surveys, and demonstration projects on developing more sanitary, efficient and economical waste, solid waste, and recyclable materials programs in cooperation with city, state and federal programs;

4.    Develop a plan to provide adequate disposal sites and or disposal facilities to meet future demands;

5.    Set franchise fees that are just, fair, and reasonable, and adequate to provide public services to the citizens of Jefferson County;

6.    Provide for economically feasible resource recovery;

7.    Provide for economically and environmentally sound waste reduction through such techniques as reduction at source, recycling, reuse, materials resource recovery and energy recovery in compliance with ORS Chapter 459A;

8.    Reduce the use of highways and roads and encourage highway safety by reducing unnecessary traffic in connection with waste, solid waste and recyclables in order to encourage economic and efficient collection, and to reduce the wasteful use of fuel, equipment and capital by providing a franchised collection system;

9.    Prevent the unauthorized collection, transportation, disposal, storage, reuse or utilization of waste, solid waste or recyclables;

10.    Encourage utilization of the capabilities and expense of private industry in accomplishing the purposes of this chapter;

11.    In order to protect public health and the environment, ensure that existing landfills in Jefferson County are monitored and closed pursuant to all applicable state and federal regulations.

B.    The county commission, in order to fulfill the purposes of this chapter shall have discretion to expend funds for research, studies and implementation. (Ord. O-115-98 § 2.0, 1998)

8.04.030 Definitions.

For the purposes of this chapter, words used in the present tense include the future and the singular includes the plural. The definitions applicable to this chapter are as follows:

“Administrator” means the county public works director, county health officer, county sanitarian or other person designated by the board of commissioners to administer this chapter or the duly authorized deputy or assistant of such individual.

“Collection service” means a service that provides for the collection of solid waste or recyclable materials or both.

“Collection vehicle” means any vehicle used to collect and transport waste, solid waste or recyclable materials.

“Committee” means the solid waste committee created pursuant to this chapter.

“Compensation” includes any type of consideration paid for service including, but not limited to, rent, the sale of recyclable materials, and any other direct or indirect provisions for the payment of money, goods, or benefits by franchisees, tenants, members, licensees or similar persons. It shall also include any exchange of services, including the hauling of waste and solid waste materials. “Compensation” shall also include the flow of consideration from the person owning or possessing waste or solid waste to the person collecting, storing, transporting or disposing of waste or solid waste.

“County,” “county commission,” or “board” means the Jefferson County commission.

“Disposal site” means lands and facilities used for the disposal, handling or transfer of, or resource recovery from, waste, solid waste or recyclables, including but not limited to dumps, landfills, sludge lagoons, sludge treatment facilities, sites for septic tank pumping or cesspool cleaning services, 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 but excluding a facility subject to the permit requirements of ORS 468B.050, 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 non-decomposable 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.

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

“Franchise” means a contract or agreement entered into by the county commission to provide service pursuant to the terms of this chapter.

“Hazardous waste” means that waste defined by ORS Chapter 466, as implemented by the regulations of the Environmental Quality Commission or regulations adopted by the Department of Environmental Quality.

“Infectious waste” means biological waste, including medical waste as defined by ORS 459.386.

“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 purpose.

Mixed Load. A “mixed load” occurs when a franchisee collects solid waste, in the same collection vehicle, at the same time, from both within its franchised area and also from another jurisdiction located outside the jurisdictional boundaries of Jefferson County.

“Person” means and includes individuals, members, corporations, cooperatives, associations, firms, partnerships, joint stock companies, trusts and estates, municipalities and any other legal entities whatsoever.

“Recyclable material” means any material or group of materials that can be collected and sold for a net cost equal to or less than the costs of collection and disposal of the same materials.

“Recycling” means the process by which waste materials are transformed into new products in such a manner that the original products lose their identity and shall include the collection, transportation, or storage of products by other than the original user or consumer giving rise to the product being used in the stream of commerce for collection, disposal, resource recovery or utilization.

“Resource recovery” means the process of obtaining useful material or energy resources from waste and solid waste and includes but is not limited to a site or facility where the processing takes place.

“Reuse” means the return of a commodity into the economic stream for use in the same or similar type of application as before without a change in its identity.

“Self-hauler” means one who transports personally generated solid waste or yard debris from the person’s personal residence or business to a resource recovery facility, transfer station or disposal site.

“Service” means the collection, transportation, storage, disposal, solid waste management and utilization of waste, solid waste or recyclable materials for compensation.

“Service area” means a geographical area in which service is provided.

“Solid waste” means all putrescible and non-putrescible wastes, including but not limited to garbage, rubbish, refuse, ashes, waste paper, cardboard, sewage, sludge, septic tank and cesspool pumpings, commercial, industrial, demolition and construction wastes, discarded or abandoned vehicles or parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid or semi-solid wastes, dead animals, infectious wastes as defined in ORS 459.387 and other wastes but excluding hazardous wastes as defined in ORS 466.005, materials used for fertilizing or for other productive purposes or which are salvageable as such materials are used on land for agricultural operations and the growing and harvesting of crops and the raising of animals.

“Waste” means useless or discarded materials.

“Waste management” means the management of the accumulation, storage, collection, transportation, treatment, processing and final disposal or utilization of waste or solid waste or resource recovery from waste or solid waste and facilities necessary or convenient for those activities. (Ord. O-115-98 § 3.0, 1998)

8.04.040 Exemptions.

This chapter shall not apply to the following:

A.    Governmental entities that generate, collect, store, transport, or dispose of wastes or solid wastes except as provided for in the terms of any collection or disposal agreement.

B.    Areas already under franchise which are located within the limits of any incorporated city. (Ord. O-115-98 § 4.0, 1998)

8.04.050 Administration.

The administrator shall be responsible for the administration of and facilitating the enforcement of this chapter. (Ord. O-115-98 § 5.0, 1998)

8.04.060 Committee authorization and appointment.

A.    The county commission shall appoint a solid waste advisory committee to assist the county commission in gathering information and in making recommendations concerning waste and solid waste and to perform such other duties as directed by the county commission or as the committee may determine necessary to carry out the purposes of this chapter.

B.    The county commission shall appoint the members of the solid waste advisory committee which shall include the following:

1.    Jefferson County director of public works;

2.    Jefferson County transfer station supervisor;

3.    Three residents of Jefferson County, Oregon;

4.    A representative of each solid waste franchise awarded by Jefferson County.

C.    The following are authorized to serve as advisors to the solid waste advisory committee:

1.    State Board of Health, Director of Solid Waste or his or her designate;

2.    State Department of Environmental Quality, Director or his or her designate;

3.    Jefferson County counsel, Jefferson County district attorney or his or her deputy or assistant;

4.    Oregon Refuse and Recycling Association or their representative. (Ord. O-115-98 § 6.0, 1998)

8.04.070 Requirements for solid waste collection franchise and public responsibilities.

A.    Persons, Activities and Practices Regulated.

1.    Except as provided in this chapter, it is unlawful for any person to collect, store, transport, or dispose of any waste or solid waste for compensation within the unincorporated areas of Jefferson County unless such person is franchised or licensed in accordance with the provisions of this chapter. No landlord shall collect, transport or dispose of any waste or solid waste or recyclable material of their tenant. This provision shall not apply to a person who transports solid waste through Jefferson County that was generated outside of Jefferson County to a disposal site within Jefferson County.

2.    It is unlawful to dispose of any waste or solid waste at any site not permitted for that use by the Oregon Department of Environmental Quality.

B.    Applications.

1.    Applications for collection franchises shall be on forms provided by or approved by the administrator. In addition to the required form, the administrator may require the filing of any additional information the administrator deems necessary to ensure compliance with this chapter and the public health, safety and welfare of the residents of Jefferson County.

2.    All applications must be filed with the director of public works with additional copies to be provided to the county counsel and the board of commissioners.

C.    Requirements for Collection Franchises.

1.    Any person applying for a collection franchise or transferring a collection franchise previously issued from one person to another person must meet the requirements listed below.

2.    The applicant must show by a preponderance of evidence the following:

a.    The applicant has a majority of the service accounts in the service area for which the applicant has applied for a collection franchise. This may be evidenced by a list of customers serviced.

b.    The applicant has adequate collection vehicle(s), equipment, facilities, personnel, and financial resources to meet the requirements established by this chapter and by ORS 459 and 459A. If the applicant proposes to serve a service area or portion thereof which is franchised by the board of commissioners to another person, or to replace such person upon the expiration of the existing franchise, the applicant shall have available at the beginning date of the proposed franchise term the collection vehicles, containers and other equipment necessary and presently used in that service area, or, the applicant shall show that such level of equipment is not necessary to provide the required service for the area.

c.    The applicant has sufficient expertise or has retained such expense to ensure compliance with this chapter and any rule herein.

d.    The applicant has in force or can provide sufficient proof of insurability, to the satisfaction of the board of commissioners, that such applicant has in effect or shall obtain and maintain at least one million dollars ($1,000.000.00) per occurrence, combined single limit of personal injury and property damage for comprehensive, general and auto liability, or a greater amount as required by county commission order based upon a need for a greater amount of insurance.

3.    Letters of recommendation upon request of the county commission.

4.    The applicant shall submit a corporate or personal surety bond in the amount of twenty-five thousand dollars ($25,000.00), or a greater amount as required by the county commission, based upon findings of fact showing a need for a bond in the greater amount. The bond shall guarantee the full and faithful performance by the applicant of all the duties and obligations of the franchise applied for under the provisions of this chapter. The county commission shall have the discretion to waive or reduce the surety bond.

5.    When requesting the transfer of a previously granted franchise, the applicant shall submit, as part of the application, a letter from the current franchise holder requesting approval of the transfer.

6.    If an applicant is not already servicing the area proposed to be serviced by the applicant, the person making the application shall show that:

a.    The defined service area has not been franchised to another person; or

b.    The defined area is not being serviced by the holder of an existing franchise; or

c.    The defined service area is not being adequately serviced by the existing holder of the franchise.

D.    Issuance of a Collection Franchise.

1.    Applications shall be reviewed by the county commission or the county commission’s authorized representative. The county commission may direct an investigation of any application as the county commission deems appropriate. The county commission shall schedule a public hearing on each application.

2.    Written notice of an application shall be provided to all holders of collection franchises awarded by Jefferson County, not less than twenty (20) days prior to the public hearing on the application. Notice of the application shall be published, in a weekly newspaper designated by the county commission, in the service area at least twice. The applicant shall be required to pay the costs of publication as designated by the county commission. The notice shall contain the name of the applicant, a description of the service area affected by the collection franchise, and the date and time of the public hearing where the application will be considered by the county commission. In no instance shall the hearing be scheduled less than forty-five (45) days from the date the application is filed with the administrator. The last notice of the hearing shall be published not later than ten (10) days prior to the public hearing.

3.    During the public hearing, the county commission shall receive testimony from the applicant, any other franchise holders and the general public concerning the application for a collection franchise. County staff may also provide testimony if, in the discretion of the county commission, said testimony is necessary. Any and all persons may submit written testimony which shall be considered by the county commission.

4.    The county commission shall make findings based upon the application, qualifications of the applicant, written or oral testimony, documentary evidence and the requirements of this chapter. Should the county commission determine that a modification of the service area is necessary, the county commission shall give written notice of this fact to the applicant, at which time the applicant shall have the right to appear before the county commission to provide testimony and evidence on the proposed modified service area. The county commission shall issue an order granting, denying or modifying the application.

5.    Upon receipt of an order granting a franchise, the applicant shall enter into a written contract with Jefferson County which shall require compliance with the provisions of this chapter, ORS Chapters 459 and 459A, and the rules and regulations issued thereunder by the Department of Environmental Quality or the Environmental Quality Commission.

6.    A successful applicant shall submit with the applicant’s contract, certification of one million dollars ($1,000,000.00) per each occurrence combined single limit of personal injury and property damage for comprehensive general liability and auto liability insurance, or in such greater amount as required by county commission order based upon need for a greater amount. Each policy of insurance required from the applicant shall name Jefferson County, its employees, agents and assigns as an additional insured and shall provide that such policies shall not be canceled, terminated, amended or permitted to expire without at least ten (10) days prior written notice to Jefferson County.

E.    Franchise Terms and Renewals.

1.    Any person holding a collection franchise at the time of the enactment of the ordinance codified in this chapter shall retain said collection franchise pursuant to the terms of their franchise contract until its normal expiration date, lawful termination or mutually agreed upon franchise agreement modification.

2.    The term of a collection franchise shall be seven years. The administrator or the county commission shall review each franchise annually.

3.    Unless grounds exist for suspension, modification or revocation of the franchise under Section 8.04.090, a collection franchise shall be considered as a continuing seven-year term. Each year, on the anniversary of the effective date of the franchise contract, the franchise contract will automatically renew for a full seven-year term unless, prior to the date of automatic renewal, the board notifies the franchisee in writing of its intent to terminate the franchise contract. The termination of the franchise renewals may be with or without cause. Termination of the franchise contract will be effective seven years after the date of the notice of intent to terminate the franchise contract.

4.    Nothing in this section shall restrict the county commission from suspending, modifying or revoking the franchise for cause pursuant to the terms of this chapter.

F.    Franchise Fees.

1.    The county commission shall collect fees from collection franchisees as set forth in this section.

a.    The collection franchisee shall pay to Jefferson County franchise fees established by board order as a percentage of the annual gross receipts received by the franchisee from the franchised collection service, and as a set dollar fee per ton for each ton of waste or solid waste collected in Jefferson County. Such fees are due to Jefferson County thirty (30) days after the schedule stated in the franchise agreement and an interest rate of one and one-half percent per month will be applied to any unpaid fee after sixty (60) days.

b.    Within sixty (60) days following the completion of each calendar year, collection franchise holders shall file with the county commission a statement of the gross receipts for the calendar year just completed and shall make payment to bring their accounts current including but not limited to any and all additional fees which have not been previously paid pursuant to the terms of the franchise agreements.

c.    Each collection franchise holder shall maintain books, records and accounts disclosing the gross income receipts for the collection service area. Said books, records, and accounts shall be opened and made available, at reasonable times, to the Jefferson County commission or their delegated representatives. Unless, otherwise mutually agreed, inspection of the collection franchise records shall be at the offices of the franchisee.

d.    Use of the franchise fee shall be pursuant to the terms of this chapter and shall be paid into the sanitary landfill fund of Jefferson County for use in the solid waste program or as directed and ordered by the Jefferson County commission.

e.    No franchise holder subject to rate regulation under this chapter shall be given any preference as compared to any other franchise holder. No franchise holder under this chapter shall give any rate preference to any person, locality, or type of solid waste stored, collected, transported or disposed of. Nothing in this section shall prohibit the county commission from establishing uniform rates based upon length of haul, weight, volume, or type of solid or liquid waste stored, collected, transported or disposed of, or the number, type or location of customers serviced or upon any relevant factors as determined by the county commission, so long as such rates are reasonably based upon costs of the particular services and in the same manner as other rates are established. (Ord. O-180-12 § 1, 2012; Ord. O-166-12 § 1, 2012; Ord. O-149-05 § 1, 2005; Ord. O-115-98 § 7.0, 1998)

8.04.080 Rates and charges for collection services by franchisees.

A.    The county commission shall be responsible for the determination of collection rates or the establishment of rates within the nonincorporated areas of Jefferson County and the adjustment of existing rates. The county commission’s determination shall be based upon information submitted with an annual operating statement which shall be submitted by the franchisee. Rates shall be established and adjusted at public meetings. Prior to any rate being adjusted, the county commission shall investigate and consider the matter at a public meeting. The county commission shall then issue an order setting forth its findings, the appropriate rates and their effective date.

B.    A collection franchisee shall submit a request for a rate adjustment on forms provided by or approved by the county commission and shall attach the most current operating statement. After submission of a completed application, the county commission shall conduct a review of the rates as provided for in subsection A of this section.

C.    Where no rate has been established for a particular type of service, the county commission may establish an interim rate in its own discretion, not to exceed sixty (60) days, until a final determination is made by the county commission.

D.    No franchise holder shall charge a rate greater than that established by the county commission.

1.    All collection rates within any classification shall be applied uniformly.

2.    Thirty (30) days prior to implementing any change in collection rates or charges, the franchisee shall provide a copy of its revised schedule of rates and charges to the administrator. The franchisee shall also notify its affected customers prior to implementing any change in collection rates or charges. Notification by the franchisee to its customers may be by publication of the basic collection rates and charges in a newspaper of record in the affected service area or by notice sent by first class mail to the customers in the affected service area, or by any other reasonable means that provide adequate notice. The means used for notification of the franchisee’s affected customers must receive prior approval from the administrator.

3.    Increases or decreases in the rates established in this section shall not be made unless the county commission finds that the increase or decrease is based upon an increase or decrease in the cost of doing business or providing additional or more comprehensive service. In determining a proposed rate change, the county commission shall give due consideration to, but not limited to the following:

a.    The investment in facilities and equipment, local wage scales, the concentration of customers in the area serviced, methods of collection and transportation, the length of haul to disposal facilities, the cost of disposal, reasonable return to the holders of the franchise, the future service demands of the service area which must be anticipated and recycling costs and landfill closure costs.

E.    Consideration shall also be given to any other factors deemed relevant by the county commission.

F.    The county commission may require an investigation by the administrator of any proposed rate increase or decrease. The administrator, in cooperation with the committee shall, upon completion of their investigation, make a report and recommendation to the county commission regarding the proposed rate increases or decreases.

G.    In considering rate increases or decreases, the county commission must find that the rates shall be just, fair, reasonable and sufficient to provide proper service to the public. The county commission may consider rates charged by other persons performing the same or similar services in the same or other areas. (Ord. O-115-98 § 8.0, 1998)

8.04.090 Suspension, modification or revocation of franchise.

A.    The administrator shall, upon reasonable cause, make investigations to determine if there are sufficient reasons and cause to suspend, modify or revoke a franchise as provided for in subsection B of this section. If, in the opinion of the administrator, there is sufficient evidence to constitute a violation of this chapter or ORS Chapters 459 and 459A and the rules and regulations promulgated thereunder, the administrator shall provide the franchisee with written notice setting forth the violation and what steps must be taken to cure the violation. If the franchisee is unable or refuses to follow the requirements as set forth in the administrator’s notice, the administrator shall consult with the solid waste advisory committee and recommend to the county commission that the franchise be suspended, modified or revoked.

B.    The county commission may for cause suspend, modify or revoke any franchise upon a finding that the holder has:

1.    Wilfully violated this chapter or ORS Chapters 459 and 459A or the rules and regulations promulgated thereunder; or

2.    Materially misrepresented statements in the application for a franchise; or

3.    Wilfully refused to provide adequate service in the defined service area after written notification and a reasonable opportunity to do so.

C.    In lieu of immediate suspension, modification or revocation of a franchise, the county commission may order compliance and make suspension, modification or revocation contingent upon a franchisee’s failure to comply with said order within the time stated. (Ord. O-115-98 § 9.0, 1998)

8.04.100 Violations—Penalties.

Violations of this chapter shall be punishable as Class A misdemeanors pursuant to ORS 459.992, and in addition thereto, civil penalties as set forth in ORS 459.995 shall also apply. The county commission may also seek any other legal or equitable remedy provided by law to enforce the provisions of this chapter. (Ord. O-115-98 § 10.0, 1998)

8.04.110 Appeals.

All decisions of the county commission under this chapter shall be reviewable by writ of review, ORS Chapter 34, in the Circuit Court of the state of Oregon for the county of Jefferson. (Ord. O-115-98 § 11.0, 1998)

8.04.120 Existing franchises.

A franchise granted under any prior franchise ordinance and which is existing and effective on the effective date of this chapter, and any other agreement, contract or permit entered into between the county and any person pursuant to any such franchise license or agreement shall continue in full force and effect according to its express terms governing expiration or termination. In the case of any inconsistencies, the terms of the existing agreement of franchise shall be controlling as long as they are not contrary to state or federal law. The repeal of any prior franchise ordinance shall have no effect upon the validity or operation of an agreement, license or franchise executed prior to this chapter. (Ord. O-115-98 § 13.0, 1998)

8.04.130 Refuse hauling.

No person shall transport or carry refuse in or on a motor vehicle or trailer upon a public road within the jurisdiction of Jefferson County unless such refuse is:

1.    Completely covered on the sides, top and bottom thereof, such cover is either a part of or securely fastened to the body of such motor vehicle or trailer; or

2.    Such refuse itself is securely tied to the body of such motor vehicle or trailer; or otherwise contained in the body of the motor vehicle or trailer in such a way so that no piece, article or part of such refuse is likely to sift, leak or otherwise escape therefrom.

B.    Refuse is defined as: rubbish, trash, garbage, debris, solid waste, vegetable and animal waste, ashes, waste household articles, waste vehicle parts or tires, waste metal of any kind, waste paper or cardboard, waste wood of any kind, severed tree limbs, or brush, waste building material of any kind, and further includes any other rejected matter and all articles and things ordinarily and customarily hauled off and dumped for promoting health and cleanliness.

C.    The ordinance codified in this chapter is passed pursuant to authority vested in Jefferson County pursuant to ORS 459.005 (11), ORS 459.085 (1) (3), and ORS 203.065.

D.    Violations of this chapter shall be punishable as a Class A violation.

E.    Any peace officer as defined by ORS 161.015 Section (4) may enforce this chapter.

F.    Violations shall be prosecuted in the District Court of the state of Oregon for Jefferson County and fines recovered shall be disposed of as required by ORS 203.065. (Amended during 2001 codification; Ord. O-142-2000 § 2(E), 2000; Ord. O-46-84, 1984)