Chapter 8.20
SOLID WASTE COLLECTION AND DISPOSAL
Sections:
8.20.040 Public responsibility.
8.20.070 Enforcement and penalty.
8.20.010 Purpose.
The city of Sutherlin hereby adopts reasonable and necessary solid waste management rules governing the accumulation, storage, collection, transportation and disposal of solid wastes to prevent vector production and sustenance, transmission of diseases to humans or animals, air pollution, pollution of surface or ground waters, and hazards to service or disposal workers or to the public. (Ord. 953 § 1 (part), 2005)
8.20.020 Definitions.
Except where the context clearly indicates a different meaning, the definitions appearing in ORS 459.005 and regulations promulgated thereunder are applicable to this chapter. The singular includes the plural and vice versa. As used in this chapter, the following words shall be defined as follows:
“City” means the city of Sutherlin, Oregon.
“City council” means the council of the city of Sutherlin, Oregon and shall be synonymous with “council.”
“Franchise” means the nonexclusive right and privilege granted by the city to a person for the purpose of conducting the business of providing for the collection, disposal and recycling of solid waste within the city of Sutherlin.
“Just cause” means a cause reasonably related to the franchisee’s ability to perform the functions and duties required by this chapter, and includes any willful violation thereof.
“Person” means any individual, partnership, association, corporation, trust, firm, estate or other private legal entity.
“Recovery” means the process of obtaining useful material or energy resources from solid waste, including energy recovery, material recovery, recycling and reuse of solid waste.
“Recyclables” means any 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.
“Service” means the collection, transportation, disposal or resource recovery from solid waste.
“Solid waste” means all recyclable and recyclable wastes including but not limited to garbage, rubbish, refuse, ashes, fruit refuse, waste paper, cardboard, grass clippings, compost, tires, equipment and furniture, commercial, industrial, demolition and construction wastes, discarded or abandoned vehicles or parts thereof, discarded home or industrial appliances, manure, vegetable or animal solid wastes, dead animals, infectious waste as defined in ORS 459.386, and other wastes. This term does not include:
1. Hazardous waste as defined in ORS 466.005.
2. Materials used for fertilizer or for other productive purposes or which are salvageable as such when the materials are used on land in agricultural operations and the growing or harvesting of crops and the raising of fowls or animals.
3. Beverage containers, subject to reuse or refund provisions, contained in ORS 459A.700.
4. Sewer sludge and septic tank and cesspool pumping or chemical toilet waste.
5. Discharged waste products which naturally exist in liquid or gaseous forms.
“Waste management” means the prevention or reduction of solid waste; 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. (Ord. 953 § 1 (part), 2005)
8.20.030 Franchise required.
Except as hereinafter provided, it shall be unlawful for any person to collect and/or transport solid waste within the corporate limits of the city without first having procured a franchise from the city of Sutherlin. Exceptions to the franchise requirement are as follows:
A. A person may engage in the collection of source-separated materials for recycling or resource recovery, but only for the purpose of raising funds for a single charitable, civic or benevolent activity. Such person or their representative must notify the city in writing of their intent to engage in such activity and specify the time when such activity is to take place. The franchisee shall be furnished with a copy of such notice.
B. A person may transport solid waste which such person produced directly to an authorized disposal site or recycling or resource recovery facility without complying with the regulations imposed upon commercial franchised haulers, providing solid waste is hauled in such a manner as to prevent leakage or litter upon the streets, and in compliance with this chapter.
C. Any enterprise which does not create “putrescible” waste by nature of the business activity shall be allowed to self-haul their self-produced waste.
D. A person may engage in the practice of pumping, transporting and disposing of septic tank and cesspool pumpings or other sludge, provided such activity is conducted in compliance with applicable state and local laws.
E. A person may engage in the practice of towing or otherwise removing damaged, discarded or abandoned vehicles or parts thereof, so long as such activity is conducted in compliance with applicable state and local laws. (Ord. 953 § 1 (part), 2005)
8.20.040 Public responsibility.
In order to facilitate the collection and disposal of solid waste and the recycling of recyclable materials, the following rules and regulations shall be in force and effect:
A. All putrescible waste shall be wrapped and deposited in watertight solid waste receptacles or cans with tight-fitting lids and shall be collected or removed at least once every seven days.
B. Garbage receptacles for individual residential service shall not exceed thirty-two (32) gallons in size nor weigh more than sixty (60) pounds gross loaded weight unless such receptacle is of a mechanical loading type approved by the franchisee. Cans shall be tapered so they are larger at the top and shall have a place for a hand-hold at the bottom. Sunken refuse cans or containers shall not be installed or used.
C. To protect against injuries to users or collectors, to protect against damage and spilling during cold weather and to protect against rodent hazards, only metal or approved plastic type garbage cans or those meeting standards set forth by the State Accident Prevention Division shall be permitted.
D. Garbage cans other than those designed specifically for mechanical pickup and approved by the franchisee shall be placed at a curbside location for pickup by the franchisee on service day. Cans placed at the curbside for pickup shall have the lids securely fastened to prevent accidental spillage and to discourage animals from disturbing them. In the event spillage occurs, the person placing the can shall be responsible for cleanup. Empty cans shall not remain at the curbside past collection day. All cans not serviced at the curb through prior arrangement with the franchisee shall be subject to being charged the commercial rate.
E. All noncontainerized brush and yard debris shall be bundled and tied. Brush cuttings shall not exceed four feet in length and shall be bundled and tied.
F. No solid waste shall be buried within the city.
G. Incineration of yard debris shall be done only with prior approval of the Sutherlin fire department.
H. Stationary compactors for handling solid waste shall comply with applicable federal and state safety requirements. No such compactor shall be loaded so as to exceed the safe loading design limit or operation limit of the collection vehicles used by the franchisee. A person who wishes services for a compactor shall, prior to acquiring such compactor, inquire of the franchisee as to the compatibility with franchisee’s equipment or equipment which the franchisee is willing to acquire.
I. All solid waste consisting of materials upon which rats or mice may feed shall be placed in covered rodent-proof containers.
J. Infectious waste as defined in ORS 459.386 shall be segregated from other wastes by separate containment at the point of generation, and shall be contained according to ORS 459.390.
K. Persons desiring to recycle shall place recyclables next to their garbage can on regular pickup day. (Ord. 953 § 1 (part), 2005)
8.20.050 Prohibited conduct.
No person shall:
A. Allow putrescible waste to accumulate on their property in excess of seven days;
B. Allow solid waste which may become harmful to the health, safety or welfare of the city to accumulate on their property in excess of seven days;
C. Deposit upon public or private property any kind of solid waste that would mar the appearance, create a noxious odor or fire hazard, detract from the cleanliness or safety of the property, or would be likely to injure a person, animal, or vehicle traveling upon a public way;
D. Carry, haul or store putrescible material in other than tightly closed containers;
E. Dispose of solid waste at any place other than a lawful and authorized disposal site or transfer station;
F. Fail to enclose solid waste in a receptacle, container, box, trailer or vehicle, or otherwise allow waste to drop, sift, leak, or escape onto any private or public property;
G. Dispose of or place any solid waste in garbage cans, roll-cart garbage cans, individual or commercial drop box garbage containers, drop box compactors, or any other type of solid waste containers of another person;
H. Discard or deposit any solid waste upon the land of another without permission of the owner, or upon any public way;
I. Drain, cause or permit to be drained sewage or the drainage from a cesspool, septic tank, recreational or camping vehicle waste holding tank or other contaminated source, except into authorized disposal sites;
J. Dispose of hazardous waste, as described in ORS 466.005, or household hazardous waste, as described in ORS 459.005, except through the services of the franchisee;
K. Take recyclable material set out to be collected by the franchisee, remove any recyclable material from a container, box, collection vehicle, depot or other receptacle for the accumulation or storage of recyclable material, or mix source-separated recyclable material with solid waste in any vehicle, box, container or receptacle used in solid waste collection or disposal;
L. Discard, store or transport infectious waste, as defined in ORS 459.386, except as provided in ORS 459A.390 and 767.034;
M. Discard or store waste tires as defined in ORS 459A.705, except as provided in ORS 459A.715 and 459A.720;
N. Discard or dispose of lead acid batteries except as provided in ORS 459.420;
O. Allow waste which causes an odor offensive to a reasonable person of normal sensitivities or which is in an unsanitary condition to remain upon their property;
P. Haul, transport, or convey sawdust, shavings, hog fuel or other solid waste by truck, automobile, wagon or trailer over and upon any street, alley or thoroughfare in the city unless such vehicle is so constructed or loaded as to prevent its contents from dropping, sifting, leaking or otherwise escaping therefrom. (Ord. 953 § 1 (part), 2005)
8.20.060 Required service.
A. Commercial or industrial entities which produce putrescible waste by nature of the business activity shall subscribe to commercial garbage collection service.
B. Owners of multifamily attached residential units which consist of two units (duplex) or more shall subscribe to commercial service for the units. This shall include manufactured and mobile home parks and recreational vehicle parks.
C. Any person required to have recycling service shall be required to subscribe to commercial garbage collection service.
D. Any person producing either hazardous waste or infectious waste shall subscribe to commercial garbage collection service.
E. Landlords are not authorized to haul garbage created by their tenants. (Ord. 953 § 1 (part), 2005)
8.20.070 Enforcement and penalty.
Any firm, person or corporation violating any of the terms of this chapter shall, upon conviction thereof, be subject to a fine of not less than fifty dollars ($50.00) nor exceeding one thousand dollars ($1,000.00). Each separate day is a separate violation; provided, however, that violations of the same section of this chapter may be joined in a single case. (Ord. 953 § 1 (part), 2005)