HomeMy WebLinkAboutItem 10 Solid Waste Code Change AGENDA ITEM SUMMARY Meeting Date: 6/4/2018
Meeting Type: Regular Meeting
Staff Contact/Dept.: Neil Obringer/DPW Staff Phone No: 541-736-1032
Estimated Time: 20 Minutes
S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Promote and Enhance our Hometown Feel
while Focusing on
Livability and Environmental Quality ITEM TITLE: SOLID WASTE CODE CHANGE – CONSTRUCTION & DEMOLITION DEBRIS
ACTION REQUESTED:
Conduct a second reading and adopt/not adopt the following ordinance:
AN ORDINANCE AMENDING SPRINGFIELD MUNICIPAL CODE
“GARBAGE AND REFUSE” SECTION 4.400 “DEFINITIONS,” SECTION 4.402 “EXCEPTION,” SECTION 4.410 “RECEPTACLES,”
AND ADOPTING A SEVERABILITY CLAUSE
ISSUE STATEMENT: To comply with new DEQ requirements for recycling and waste prevention, staff have worked with the City Attorney’s Office to develop changes to the Springfield Municipal Code. These changes direct certain self-haulers of construction &
demolition debris to source separate or take the debris to a material recovery facility.
ATTACHMENTS: ATT1: Ordinance, version 2
DISCUSSION/ FINANCIAL
IMPACT:
During the Council work session on May 15th 2017 Council was briefed on new requirements DEQ is imposing in its implementation of Senate Bill 236 (2015). At
that time, staff proposed changes to the Sanipac Franchise Ordinance to implement changes to the Oregon Opportunity to Recycle Act under Senate Bill 236 (2015). Those changes to the Franchise Ordinance were adopted on June 19, 2017 as
Ordinance 6367. Since then, staff has identified additional changes to Chapter 4 of the Springfield Municipal Code needed to implement Senate Bill 236.
During the Council work session on May 14th 2018 staff described the needed changes to Chapter 4 of the Springfield Municipal Code. The proposed code
amendments implement DEQ’s requirements for the Construction and Demolition
Debris recovery program under OAR 340-090-0040(3)(L), which the City has elected to implement as one of the seven required recycling program elements.
Specifically, the City must require persons who generate and self-haul more than six
cubic yards of construction and demolition debris to either source separate the recyclable materials from the waste at the site of generation, or dispose of the waste
at an authorized material recovery facility (MRF). Lane County will begin turning
away self-haulers of more than six cubic yards of non-source separated construction and demolition debris from the Glenwood transfer station on July 1, 2018. These
self-haulers will be directed to one of two MRFs in the area – EcoSort or McKenzie Recycling.
Testimony at the public hearing on May 21 opposed the proposed definition of “source separate” because it would effectively prohibit recycling companies from removing recyclables from a dumpster in which tenants had disposed of them. To
address these comments, the definition of “source-separate” has been removed from the ordinance. Instead, the requirement to separate recyclable materials at the source
of generation is incorporated directly into the proposed language regarding
construction and demolition debris. The revised ordinance would have no effect on the issue of multifamily recycling and “dumpster diving.” Staff anticipates returning
to Council in Fall 2018 with additional proposed amendments to the Garbage and
Refuse code, and the issue could be revisited at that time.
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CITY OF SPRINGFIELD, OREGON
ORDINANCE NO. ___________ (GENERAL)
AN ORDINANCE AMENDING SPRINGFIELD MUNICIPAL CODE
“GARBAGE AND REFUSE” SECTION 4.400 “DEFINITIONS,” SECTION 4.402 “EXCEPTION,” SECTION 4.410 “RECEPTACLES,” AND ADOPTING A SEVERABILITY CLAUSE
WHEREAS, Senate Bill 263 (2015) amended the Oregon Opportunity to Recycle Act in ORS 459A.007
to increase the number of recycling program elements that the City of Springfield is required to
implement from five to seven program elements;
WHEREAS, the Oregon Department of Environmental Quality has adopted rules in OAR Chapter 340,
Division 90, to implement the requirements in ORS 459A;
WHEREAS, the City Manager has notified the Oregon Department of Environmental Quality that the
City of Springfield will implement a recovery program for Construction and Demolition Debris recycling
program under OAR 340-090-0040(3)(L) as one of the required seven recycling program elements;
WHEREAS, under OAR 340-090-0040(3)(L), the City must require any person who generates and self-
hauls a minimum of six cubic yards of construction and demolition debris at any time to source-
separate debris at the site of generation or send the debris to a material recovery facility for processing
and recovery; and
WHEREAS, Sections 4.400 through 4.432 of the Springfield Municipal Code regulate the collection,
hauling, and disposal of garbage and refuse in the City of Springfield,
NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS:
Section 1. Section 4.400 of the Springfield Municipal Code is amended to read as follows:
“4.400 Definitions.
For purposes of sections 4.400 to 4.432, the following definitions shall apply:
Collector of Garbage/Collector of Garbage and Refuse. A person, firm or corporation
holding a franchise for garbage collection in the city.
Compactor.
(1) Mobile. A vehicle with enclosed body containing mechanical devices that
convey solid waste into the main compartment of the body and compresses it. (2) Stationary. Any machine that reduces the volume of solid waste by forcing it
into a container.
Construction and Demolition Debris. Includes waste resulting from the construction,
renovation, repair, or demolition of buildings or other structures that contain recyclable
material, but does not include putrescible wastes, hazardous waste, or asbestos.
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Garbage and Refuse. Includes all sorts of waste and animal and vegetable matter,
rubbish, trash, debris, ashes, tin cans and other waste matter and shall embrace all articles
ordinarily collected and dumped for the purpose of the cleanliness and health of the City,
including animal carcasses on the street of the City. Garbage and refuse as defined herein shall
include all waste and materials whether recyclable or not which have been mixed with garbage, refuse or waste which is not recyclable or intended for recycling and have not been separated
therefrom at the source of such garbage, waste and refuse.
Licensee. A person, firm or corporation authorized by sections 4.400 to 4.430 to make
collection, haul, carry or dispose of garbage or refuse within the city, other than the collector of
garbage.
Material Recovery Facility. A facility permitted by the State of Oregon to accept non-
source separated materials for the purposes of recycling by using manual and/or mechanical
methods or at which source separated materials are collected.
Recycle/Recycling/Recyclable Waste. A process by which solid waste materials are
transferred into new or reusable products in such a manner that the original products may lose
their identity, or the materials to be so processed and used. It shall not include, however, any
putrescible waste.
Transient Hauler. A person, firm or corporation hauling or carrying garbage or refuse
through or over the streets, who does not pick up, carry or dispose of garbage originating or
terminating in the city.
Yard Debris. Grass clippings, hedge trimmings, branches and limbs less than eight
inches in diameter, and other vegetative waste generated from residential property or landscaping activities, but shall not include tree stumps, root wads, or poisonous vegetation.”
Section 2. Section 4.402 of the Springfield Municipal Code is amended to read as follows:
“4.402 Exception.
(1) Nothing in this section is to be construed, however, to prevent any resident or householder of the city from hauling his or her own garbage or refuse and disposing of the
same in a lawful manner.
(2) Notwithstanding subsection (1) of this section, any person who generates and self-hauls
a minimum of six cubic yards of construction and demolition debris at any time must either:
(a) Separate the recyclable waste from the construction and demolition debris at the site of generation, or
(b) Dispose of said construction and demolition debris only at a material recovery
facility for processing and recovery.”
Section 3. Section 4.410 of the Springfield Municipal Code is amended to read as follows:
“4.410 Receptacles.
(1) Except as provided in subsection (5) herein below, it shall be the duty of each person
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desiring the services of the collector of garbage refuse in the removal of any garbage, nuisance
material or other accumulation, to furnish his or her own receptacle.
(a) Receptacles may be a closed can, box, or other receptacle which complies with
the requirements of subsection (2); provided however, if resident or household utilizes a plastic garbage can, licensee is not responsible for cracks and breakage occurring as a
result of normal fair wear and tear or climate conditions.
(b) No resident or householder shall use any receptacle for this purpose other than
a standard garbage can not in excess of 32 gallons capacity. No resident or householder
shall use any sunken receptacle.
(2) No person shall permit or suffer any refuse, decaying vegetable or other decaying
substance, or abandoned refuse matter that accumulates in the preparation of food for the
table, or any garbage of any kind, to be or remain in or about any house, yard, lot, place or
premises owned or occupied by him except for the time, and under the conditions and regulations as continued in this article, and unless the same be kept in a closed can, box, or
other receptacle in such a manner that there shall be no leakage of the contents thereof, and in
such condition and manner that no offensive smell or atmosphere shall obtain or be created to the extent that the same may thereby cause or become a public nuisance, or affect or endanger
the rights or health of any person whatsoever.
(3) No person shall overload containers beyond the point where covers can securely be
replaced.
(4) Standard 32 gallon garbage cans shall not exceed 60 pounds in weight when full. If the
container is overweight, licensee will not empty the container and will leave notification to the
customer of the overweight limit.
(5) Licensee may offer weekly mechanized curb side residential service as follows:
(a) Licensee, for the fees provided for in section 4.408, may provide rolling cart
over-sized garbage receptacles. This service is not a requirement for either licensee or
resident or homeowner, but may be offered upon the mutual agreement of the licensee
and the resident and homeowner. In providing this service, licensee shall provide the
opportunity to recycle as set forth in subsection (7) of this section.
(b) 90 gallon rolling cart receptacles shall not exceed 200 pounds in weight when
full. If container is overweight, licensee will not empty the container and will leave
notification to the customer of the overweight limit. The resident or householder is
responsible for wheeling the rolling cart oversized garbage receptacles to the curb side.
No receptacles shall be placed in the street right-of-way.
(c) Weekly curb side residential mechanized cart service fees shall be set by resolution of the council. In the event that resident or householder does not wheel the
rolling cart to curb side as required by subsection (b) of this section, licensee may
charge rates specified for “3 cans.”
(6) Licensee may offer additional weekly mechanized curb side residential service as
follows:
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(a) Licensee for the fees provided for in section 4.408(2), may provide for 60 gallon
rolling cart garbage receptacle service which is not a requirement for either licensee or
resident or homeowner but may be offered upon the mutual agreement of the licensee
and the resident and homeowner. In providing this service, licensee shall provide the
opportunity to recycle as set forth in subsection (7) of this section.
(b) The resident or householder is responsible for wheeling the sixty gallon rolling
cart garbage receptacle to the curb side. No receptacles shall be placed in the street
right-of-way.
(7) Licensee shall provide the opportunity to recycle to all customers which shall at all
times comply with the requirements of ORS 459A.005-459A.085 (former ORS 459.165-459.200) and ORS 459.250, including utilization of the required elements contained in ORS 459A.007,
and the provision of at least one recycling container to each owner or operator of a rental as
defined in section 7.340 of this code, together with all applicable rules and regulations
promulgated thereunder by the Oregon Department of Environmental Quality.”
Section 4. Savings Clause. Except as specifically amended herein, Section 4.400 through
4.432 shall continue in full force and effect.
Section 5. Severability Clause. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is, for any reason, held invalid or unconstitutional by a court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereof.
Section 6. Effective date of Ordinance. This Ordinance shall take effect 30 days after its
adoption by the Council and approval by the Mayor.
ADOPTED by the Common Council of the City of Springfield this ___ day of _________, ____, by a vote of _____ for and ____ against.
APPROVED by the Mayor of the City of Springfield this ______ day of __________, ____.
_______________________
Mayor
ATTEST:
__________________________
City Recorder
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