Chapter 13.20


13.20.010    Title.

13.20.020    Purpose and policy.

13.20.030    Definitions.

13.20.040    Collection of solid waste.

13.20.050    Exceptions.

13.20.060    Specific prohibition on transportation of solid waste.

13.20.070    Public responsibility.

13.20.080    Franchise.

13.20.090    Fees.

13.20.100    Rate determination.

13.20.110    Violation – Penalty.

13.20.120    City enforcement.

13.20.010 Title.

This chapter shall be known as “the Rainier Solid Waste Management Ordinance”, may be so cited and pleaded and shall be referred to herein as “this chapter”. (Ord. 860 § 1, 1981)

13.20.020 Purpose and policy.

The purpose of this chapter is to protect the health, safety and welfare of the people of the city of Rainier by adopting standards and regulations and providing for the issuance of franchises to assure the safe, sanitary, efficient and economical storage, collection, transport and disposal of solid waste. (Ord. 860 § 2, 1981)

13.20.030 Definitions.

For the purpose of this chapter, the word “shall” is mandatory and not directory, and the term “this chapter” shall be deemed to include future amendments made to this chapter, and the following specific definitions shall apply:

A. “Collection service” means the collection and transportation of solid waste under a franchise granted by the city of Rainier, from the point of generation to a disposal site or market for recovered material. Collection service shall not include similar activities pursuant to a specific exemption granted herein or by city council action later.

B. “City” means the city of Rainier, Oregon.

C. “Disposal site” means land or facilities authorized under ORS Chapter 459 for the handling and disposal of solid waste, including but not limited to landfills, transfer stations and resource recovery facilities.

D. “Drop box service” means a collection and transportation of solid waste requiring special vehicles to transport solid waste containers in excess of 19 cubic yards from the pick up point to a disposal site or market for recovered materials.

E. “Franchise” means the authority granted by the city council to provide solid waste service under RMC 13.20.080.

F. “Hazardous waste” means any waste that is:

1. Defined as hazardous waste by or pursuant to ORS Chapter 459; or

2. Defined as hazardous waste by another governmental agency or unit having jurisdiction; or

3. Found to be hazardous to service workers, to service equipment, or to the public by the franchise holder.

G. “Person” means any individual, public or private corporation, industry, partnership, association, firm, trust estate, city, county, special district or local government unit and any other legal entity.

H. “Recyclable material” means materials which still have useful physical or chemical properties so that the material can be reused or recycled, including those which have been separated.

I. “Resource recovery facility” means a facility where energy or materials are recovered from solid waste.

J. “Solid waste” means any solid or semisolid material including but not limited to garbage, refuse, rubbish, and trash which is unwanted or discarded by the last user or producer or is illegally stored or deposited so as to create a public nuisance, except those materials classified as hazardous waste under and pursuant to the provisions of ORS 459.410. (Ord. 860 § 3, 1981)

13.20.040 Collection of solid waste.

A. Unless exempted as provided by this chapter, no person shall provide solid waste collection service or drop box service or provide for the collection or transport of recycled materials or offer to provide or advertise for the performance of such service unless said person has a franchise issued by the city of Rainier.

B. Specific Exemptions. Subsection A of this section does not apply to the following:

1. The transportation by a person of solid waste produced or generated by such person or by the tenants or occupants or property owned by said person, to a lawful disposal site or market.

2. 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 Salvation Army, St. Vincent De Paul, Goodwill and similar organizations.

3. The collection, transportation, and reuse or recycling of separated recyclable materials or the operation of a collection center for recyclable materials by a religious, 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 activity for fund raising, including but not limited to scouting and religious organizations.

4. The collection, transportation or redemption of returnable beverage containers under ORS Chapter 459 and that portion thereof commonly known as the “Bottle Bill.”

5. The generator, producer or source who transports and disposes of solid waste created as an incidental part of regularly carrying on the business of auto dismantling, janitorial service, gardening or landscaping service. “Janitorial service” does not include primarily or solely accumulating or collecting solid wastes created, generated or produced by a property owner or occupant.

6. The purchase of separated recyclable material at fair market value.

7. The pumping, collecting, transportation and disposal of sewage sludge, septic tank and chemical toilet pumpings or pulp mill sludge.

8. The collection and transportation of hazardous waste by a person so licensed by the state of Oregon or the federal government or by any person if the franchise holder hereunder does not provide this service and if no one else is so authorized by the city. (Ord. 860 § 4, 1981)

13.20.050 Exceptions.

The council may authorize exceptions to provisions of this chapter, provided the following requirements have been met:

A. Applicant shall obtain an application form and file a completed application with the city recorder.

B. Upon 30 days’ written notice to the applicant and the city’s franchise holder, a public hearing shall be held before the common council.

C. The recorder shall provide information and recommendations to the council to assist it in reaching a determination.

D. The council shall hold a public hearing and make findings. A decision as to whether an exception shall be granted will be based on carrying out this chapter and upon all other applicable standards, which may include but need not be limited to, the following:

1. The need for proposed service.

2. The ability of the city’s franchise holder to provide the required service unless the service was otherwise being supplied on the effective date of the ordinance codified in this chapter.

3. There are unnecessary, unreasonable hardships or practical difficulties which can be relieved only by granting an exception.

4. The granting of the application will not be materially detrimental or have substantial impact on service, consumer rates or the city’s franchise holder.

5. The applicant has the necessary equipment, experience, finances and personnel to provide adequate service.

E. An order by resolution shall be drawn setting forth the findings and the decision of the council. Said order shall be distributed to said applicant and the city’s franchise holder. The order may specify any conditions or limitations deemed necessary by the council to carry out the purposes of this chapter. (Ord. 860 § 5, 1981)

13.20.060 Specific prohibition on transportation of solid waste.

A. No person, while transporting or conveying solid waste within the city of Rainier, Oregon, shall permit any portion thereof to become spread, scattered, lodged or left within or upon any street in said city.

B. No solid waste shall be transported or conveyed upon or over a street within the city of Rainier except that the same shall be conveyed and transported in a covered, watertight and drip-proof vehicle equipped with a metal-lined container, or in metal covered barrels; provided, however, that innocuous, nondecaying substances may be conveyed in suitable conveyances with adequate provisions against litter by covering and lashing. (Ord. 860 § 6, 1981)

13.20.070 Public responsibility.

In addition to and not in lieu of compliance with ORS Chapter 459, and other applicable laws and regulations:

A. No person shall place hazardous waste for collection or disposal by the city’s franchise holder without notice to the franchise holder. This shall not apply to minor quantities of wastes generated at or by a single-family residential unit. The generator is liable for any damages to persons or property by illegal disposal of such hazardous wastes.

B. No unauthorized person shall place material in or remove material from a solid waste collection container or box without permission of the owner of the container or box. For the purpose of this section, the city’s franchise holder is the “owner” of containers or boxes supplied by the franchise holder.

C. No unauthorized person shall removed solid waste placed out for collection and resource recovery by the franchise holder or a person exempted by RMC 13.20.040(B) and operating solely within the exemption.

D. The franchise holder is not required to service an underground container unless the person responsible for it places the can aboveground prior to time of collection.

E. No can for residential service shall be located behind any locked or latched door, gate or inside of any building or structure. All cans shall be placed in a location that is visible from the street.

F. Each customer shall provide safe access to the solid waste container or wastes without risk or hazard to franchise holder’s employees, the public or the city’s franchise holder. No solid waste containers shall be placed in such a location as to require climbing up or down stairways.

G. No container designed for mechanical pickup shall exceed safe loading weights or volumes as established by the city’s franchise holder to protect service workers, the customer, the public and the collection equipment.

H. Where a customer requires an unusual volume of service or a special type of service requiring substantial investment in equipment, the franchise holder may require a contract with the customer as necessary to finance and assure amortization of such equipment. The purpose of this provision is to assure that amortization of investment in such equipment not become a charge against other ratepayers who are not benefited.

I. Stationary compacting devices for solid wastes shall comply with federal and state safety standards and provide adequate protection to user.

J. No person shall block access to any container or drop box or roll off box supplied by the city’s franchise holder. Franchise holder may charge extra for return service to such blocked container or drop box or roll off box.

K. Every person who generates or produces waste shall remove or have removed all putrescible wastes at least every seven days. More frequent removal may be required by the city where a facility or service involves the public health. All wastes shall be removed at sufficient frequency as to prevent health hazards, nuisances or pollution.

L. The producer or generator of waste shall clean both cans and containers and shall keep the area around such cans or containers free of accumulated wastes. The franchise holder shall provide periodic maintenance to containers supplied by franchise holder.

M. Solid waste cans for manual pickup shall be round, tapered outward at the top to facilitate unloading, have proper handholds or bales, be rigid, not cracked or split and be water proof, fire proof, rust proof and rodent proof. Such cans shall not exceed 32 gallons capacity nor 60 pounds gross loaded weight. (Ord. 860 § 7, 1981)

13.20.080 Franchise.

The city may grant an exclusive franchise for collection service, drop box service and collection service of recyclable material. The franchise may be a combined one for all three services or each service may be separately franchised to different persons. Separate recyclable material franchises may be issued to different persons for different types of recyclable materials. In any event the city and the franchise holder shall enter into a written agreement outlining the terms of the franchise contemporaneously with the issuance of the franchise. (Ord. 860 § 8, 1981)

13.20.090 Fees.

Franchise holders shall pay the city such fees as shall be determined by the city council and included in the franchise agreement. (Ord. 860 § 9, 1981)

13.20.100 Rate determination.

A. Rates for service shall be those set by the city and contained in the franchise agreement.

B. Changes in rates shall be made by ordinances of the city council. In determining rates, the council shall give due consideration to current and projected revenue and expenses; actual overhead expense; the cost of acquiring and replacement of equipment; the services of owner, family and management; the cost of providing for the future, added or different service; a reasonable return to franchise holder for doing business; research and development; recycling and resource recovery; and, such other factors as the council deems relevant.

The council may consider rates charged by other persons performing the same or similar service in the same or similar areas under the same or similar service conditions.

C. Franchise holders shall provide 60 days written notice of proposed rate changes with an accompanying statement of principal changes in the cost of providing service.

D. The franchise holders shall charge only those rates as set and approved by the city. Nonscheduled services may be provided at the reasonable cost of providing the service giving consideration to the standards in subsection B of this section.

E. If approved in the rate schedule, franchise holders may charge:

1. A starting charge for a new service.

2. A restart charge to any customer who has been previously terminated for failure to pay for service.

3. Interest at the statutory legal rate on past due accounts.

4. The cost of bad debt collection. (Ord. 860 § 10, 1981)

13.20.110 Violation – Penalty.

Any person violating any of the terms, provisions or requirements of this chapter shall, upon a plea of guilty, be punished by a fine of not more than $500.00 or by imprisonment of not more than six months, or by both such fine and imprisonment. (Ord. 860 § 11, 1981)

13.20.120 City enforcement.

The city shall enforce the provisions of this chapter by administrative, civil or criminal action or any combination as necessary to obtain compliance with this chapter. The council shall take such legislative action as is necessary to support this chapter and the franchise granted. Franchise holders may also enforce payment or protect their rights by appropriate civil action. (Ord. 860 § 13, 1981)