Loading...
HomeMy WebLinkAboutItem 01 Solid Waste Code Change AGENDA ITEM SUMMARY Meeting Date: 9/17/2018 Meeting Type: Work Session Staff Contact/Dept.: Neil Obringer/DPW Kristina Kraaz/ CAO Staff Phone No: 541-736-1032 Estimated Time: 50 mins. 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 CHANGES ACTION REQUESTED: Review the options presented for Items 1-4 in the CBM and provide staff with guidance on which, if any, of the options to incorporate into proposed Springfield Municipal Code amendments for further consideration. ISSUE STATEMENT: Sanipac has requested that the City address the operation of entities in Springfield who are entering trash containers for the alleged purposes of compacting garbage and recovering recyclables. Staff have identified a number of potential changes to the Garbage and Refuse section of the Springfield Municipal Code that could address this activity and seek Council direction as to whether/how to regulate this practice. ATTACHMENTS: ATT1 Council Briefing Memorandum ATT2 Sanipac Cost Analysis for Multi-Family Compacting DISCUSSION/ FINANCIAL IMPACT: This item is a continuation of the 5/14/18 work session where Council reviewed several categories of potential adjustments to the Solid Waste section of the municipal code. At that time, Council directed staff to come back to a future work session with additional information for Council to consider. Items 1 through 4 in the attached CBM describe the range of issues for Council to discuss. The issues are (1) whether to prohibit anyone from physically entering garbage containers for any reason, (2) whether to prohibit manual compaction of garbage or allow Sanipac to charge a higher rate, (3) whether to adopt more stringent license requirements for companies that haul recyclables, and (4) whether to allow code enforcement through the Springfield Municipal Court for persons who violate the requirements of the Garbage and Refuse code in SMC 4.400 (such as unlicensed hauling). Sanipac has requested that the City take action to prohibit the entry into solid waste containers and the manual compaction of waste. As was discussed during the May work session, there is at least one unlicensed company operating in Springfield that contracts with multi-unit residential and commercial property owners and managers to sort/haul recyclables, bulk waste items, and hazardous wastes. Staff have met with representatives from Sanipac and the above-referenced company, Waste Management Control Co. (WMC), and have attempted to articulate a summary of each position in the attached CBM. M E M O R A N D U M City of Springfield Date: 9/17/2018 To: Gino Grimaldi COUNCIL From: Tom Boyatt, Interim DPW Director Neil Obringer, Senior Management Analyst Kristina Kraaz, Assistant City Attorney BRIEFING Subject: Garbage and Refuse Code Changes MEMORANDUM ISSUE: Sanipac has requested that the City address the operation of entities in Springfield who are entering trash containers for the alleged purposes of compacting garbage and recovering recyclables. Staff have identified a number of potential changes to the Garbage and Refuse section of the Springfield Municipal Code that could address this activity and seek Council direction as to whether/how to regulate this practice. COUNCIL GOALS/ MANDATE: Promote and Enhance our Hometown Feel While Focusing on Livability and Environmental Quality BACKGROUND: This item is a continuation of the 5/14/18 work session where Council reviewed several categories of potential adjustments to the Garbage and Refuse section of the Springfield Municipal Code. At that time, Council directed staff to come back to a future work session with additional information for Council to consider – provided below and in items 1 through 4. Following this work session, Staff will incorporate the Council’s feedback into proposed Garbage and Refuse code amendments and bring those back to Council for review and possible first reading on an Ordinance. Along with any changes directed by Council as result of this work session, staff will bring back to Council housekeeping amendments to clean up outdated or unclear language in the existing code and to correct conflicting language between Sanipac’s Franchise Ordinance and the existing Garbage and Refuse code. Sanipac has requested that the City take action to prohibit the entry into solid waste containers and the manual compaction of waste. As was discussed during the May work session, there is at least one unlicensed company operating in Springfield that contracts with multi-unit residential and commercial property owners and managers to sort/haul recyclables, bulk waste items, and hazardous wastes. Staff have met with representatives from Sanipac and the above-referenced company, Waste Management Control Co. (WMC), and have attempted to articulate a summary of each position in the text below. Sanipac indicates that companies like WMC earn revenue by taking over the Sanipac billing for the property owner, charging the same rate they had been paying Sanipac, but due to manual compaction of the garbage, they can reduce the size of the container needed; the difference in the container rates is WMC’s revenue. Sanipac argues that this effectively manipulates the City’s solid waste rates, because the manual compaction results in the same amount of garbage and the same disposal costs to Sanipac, but reduces the amount Sanipac can collect from the customer. According to Sanipac, this results in a loss of revenue and they must increase rates to compensate. WMC states that they are able to reduce the size of their clients’ garbage containers by removing Attachment 1, Page 1 of 4 MEMORANDUM 9/12/2018 Page 2 recyclable material, leaving more room for actual garbage. WMC indicates that they remove a significant amount of recyclable material from garbage dumpsters. They also state that even if WMC staff engage in ‘manual compaction’ of garbage in Sanipac containers, the compacted containers are still within the standard weight ranges accepted by the solid waste industry for non-compacted garbage, and therefore should be accounted for in Sanipac’s existing rates. Item 1. Should Springfield prohibit entry into dumpsters and/or removing items from dumpsters after they have been discarded? Staff recommends Council first consider whether to prohibit anyone not employed by Sanipac or the City from physically entering a dumpster. This is a separate question from whether or under what circumstances the City should allow manual compaction/stomping on garbage. If the Council provides direction not to prohibit entry into a trash container in all circumstances, then additional questions below address the compaction issue and potential licensing requirements. Sanipac’s position is that entry into its dumpsters pose several risks, including the risk of injury or exposure to persons climbing into or around dumpsters, liability to the City or Sanipac for those injuries, or identity theft if a person in a dumpster discovers personally identifying material. Sanipac provided City staff with photographs of the inside of a residential dumpster showing exposed hypodermic needles, loose fecal matter, and personally identifying material. WMC states that their company carries a $2,000,000 liability policy and that it is enough to cover any liability issues. Additionally, WMC claims that they have been operating for two decades without accidents or injuries leading to claims on their insurance. Prohibiting entry into dumpsters would require WMC to change their primary business practice and could affect their ability to operate in the future. Removing recyclables from dumpsters without physically entering a dumpster may be possible, but may be less efficient or more difficult. Staff believes that entry into Sanipac containers does pose risks to worker health/safety. Because Sanipac provides garbage services to Springfield residents under an exclusive City franchise, reducing the risk of injury in Sanipac’s trash containers is in the City’s best interest. The City also has an interest in protecting its citizens from potential identity theft. More than 30 other jurisdictions in Oregon have prohibited entry into a trash container (“dumpster diving”) for similar reasons. Item 2. If Council allows some entry into dumpsters, should the City prohibit manual compaction/“stomping,” or should Sanipac be allowed to charge a higher rate for manually-compacted garbage? If the Council decides to allow physical entry into trash containers, the Council should next consider whether to allow, prohibit, or discourage manual compaction of garbage. Currently, the municipal code allows Sanipac to charge a higher rate for compacted waste that exceeds 500 pounds per cubic yard. SMC 4.408(4). The code does not define “compacted waste,” but does define “compactor” to include only mechanically-compacted garbage. Council could (1) add manually compacted garbage to the existing code, (2) add manually compacted garbage to the code and allow charges for less than 500 lbs per cubic yard, or (3) prohibit any kind of manual compaction. WMC has indicated that their primary function is the removal of recyclable material from trash containers. They indicated they remove only recyclable material and hazardous waste from their managed properties, except when they determine that large items cannot be donated or recycled, in which case they dispose of them through a drop box in Eugene. WMC states that any compaction is only incidental and does not result in any trash container being loaded more than the standard industry weight for garbage of 300 lbs per yard. Attachment 1, Page 2 of 4 MEMORANDUM 9/12/2018 Page 3 Sanipac disagrees with WMC’s assertion that it primarily removes recyclables. Sanipac provided City staff with photographs and video of WMC employees entering trash containers on two instances to stomp down the trash but removing little to no recyclable material in each of those instances. In another instance, Sanipac analyzed the contents of a large recyclable container from one property allegedly managed by WMC. Sanipac provided Staff with photographs and its own analysis showing that the contents of the recyclable container was 80% garbage (by weight) including household garbage, food waste, used clothing, a large roll of discarded carpeting, and non-recyclable plastic (including Styrofoam, toys, and plastic film). For the same property described above, Sanipac weighed each of four trash containers collected and found loads of approximately 370, 430, 440, and 490 lbs per yard. Based on its trash disposal costs, recycling costs, and labor, versus the amount it charges for the each container, Sanipac determined it would lose $500 per month at this property. A copy of Sanipac’s analysis is provided as Attachment 2 to the AIS. Based on Sanipac’s analysis, Staff believe that it is reasonable to assume that the manual compaction of garbage could result in overall increases to Sanipac’s rates. However, it is difficult to quantify the extent of the impact on customer rates without knowing the compacted versus non-compacted container weights across all WMC-managed properties. City staff understands that Sanipac does not regularly weigh containers as they are loaded, but they have one truck that is equipped to do so. If the Council wishes to allow WMC to continue removing recyclables but still protect Sanipac and Springfield residents from the rate effects of compacted garbage, staff recommends allowing Sanipac to charge a compacted rate for manually-compacted garbage. Under the current code, Sanipac may choose whether to charge the compacted rate, and if the customer disagrees, Sanipac is required to weigh the container as proof of compaction. In the event that the container exceeds 500 lbs per yard, the customer must pay Sanipac’s increased costs to weigh the container. Sanipac provided feedback to City staff that 500 lbs per cubic yard is a very high compaction threshold. Sanipac related to staff that around 400 lbs per cubic yard, Sanipac operates at an overall loss for each load. The City of Eugene’s compaction threshold is 300 lbs per cubic yard. Sanipac stated to City staff that in the range of 100-150 lbs per cubic yard is typical for Springfield. A 2016 EPA report on typical density of municipal solid waste listed 95 lbs per cubic yard for uncompacted multifamily and 250-300 for all uncompacted residential, institutional and commercial combined. The same report listed a range of 400-700 lbs per cubic yard as the average range for compacted municipal solid waste. Sanipac also has expressed concern about the feasibility of having to weigh containers on a regular basis. If Council wishes to charge a higher rate based on weight, additional information on operational feasibility would be needed from Sanipac. The Council could chose to incorporate manual compaction into the existing code at 500 lbs per yard or could adopt a lower limit. If the Council alters the compaction limits, the compacting rates will need to be updated as well. The Council’s current compacting container rates are for 2.0, 3.0 and 4.0 yard containers; many multifamily complexes use 4.0 and 6.0 yard containers. Item 3. Should the City adopt license requirements for a person or company who hauls source-separate recyclables? If the Council decides to allow physical entry into dumpsters to remove recyclables, staff recommend adopting additional license requirements for persons or companies that do so, to protect the City and Sanipac from potential liability and to protect residents from identity theft. Sanipac states that WMC regularly hauls garbage and refuse, both recyclable and non- recyclable, without a license to do so. WMC indicated to City staff that they would be willing to obtain a license if required. City staff have followed up with WMC to clarify that, under the Attachment 1, Page 3 of 4 MEMORANDUM 9/12/2018 Page 4 current code and Franchise Ordinance, hauling any non-recyclable waste violates Sanipac’s exclusive franchise. The Springfield Municipal Code and the Franchise Ordinance currently prohibit anyone except Sanipac from hauling garbage and refuse (except in the case of self-hauling). The code excepts hauling source-separated materials that will be reused or recycled, but requires a City license. However, there are no specific code requirements for this license nor any associated license fee. Currently, Lane Forest Products hold a recyclables hauling license that allows them to transport recyclable wood waste from International Paper. The license is merely a letter from the DPW Director authorizing Lane Forest Products to haul waste wood debris. Additional license requirements for recyclables haulers could include a license fee, a requirement to obtain liability insurance or provide a bond to the City, a requirement to indemnify the City and the franchisee (Sanipac), background checks for employees, a requirement to carry identification, a limitation on hours of operation for entering trash containers, or other requirements. Item 4. Should the City expand the Civil Code Enforcement process to allow citations into the Springfield Municipal Code for violations of Chapter 4.4 Garbage and Refuse. Staff recommend expanding the sections of the garbage and refuse code that can be enforced via citation to the municipal court. Currently, only violations of 4.410 (regarding receptacles) and 4.416 (regarding accumulating garbage) can result in a citation to municipal court. Without this amendment, the City can only enforce these code provisions by filing a lawsuit in Lane County Circuit Court. Filing a case in Circuit Court is more costly and time consuming for both the City and the defendant. A number of the code sections addressed by this possible amendment are related to nuisance activities which are similar to those already enforced through the municipal court, such as:  4.402 improperly hauling garbage (i.e. allowing it to spill out);  4.412 for not wrapping garbage before it’s placed in a can; and  4.414 for improperly disposing of liquid waste. Additionally, staff recommend allowing municipal court citations for violations of Sanipac’s franchise (i.e. hauling garbage without a valid exception under the code, or hauling recyclables without a license). Staff believe that the code allowed this type of citation prior to 1997, but an oversight in drafting during the 1997 municipal code update resulted in the loss of this authority. RECOMMENDED ACTION: Review the options presented for items 1-4 and provide staff with guidance on which, if any, of the options to incorporate into proposed Springfield Municipal Code amendments for further consideration. Attachment 1, Page 4 of 4 Attachment 2: Sanipac Analysis Rate/month Weight on 3/23 lbs/yard weeks in a month Est. lbs/month Est. Tons/month Disposal Rate per ton Disposal fees per month 6yd 1 x week $492.05 2560 426.7 4.33 11084.8 5.5424 $78.77 $436.57 6yd additional 1 x week $473.31 2200 366.7 4.33 9526 4.763 $78.77 $375.18 4yd additional 1 x week $328.98 1760 440 4.33 7620.8 3.8104 $78.77 $300.15 4yd additional 1 x week $328.98 1960 490 4.33 8486.8 4.2434 $78.77 $334.25 Tons/month Cost/ton Recycling disposal costs/month Recycling disposal costs 5.196 $130.00 $675.48 4-4yds x 2/week @ 75lbs/yard TOTAL DISPOSAL FEES/MONTH $2,121.63 TOTAL REVENUE/MONTH $1,623.32 DIFFERENCE BETWEEN DISPOSAL AND REVENUE:-$498.31 Minutes per weekWeeks/monthMinutes/month Hours/month Trash labor and truck time: 20 4.33 86.6 1.44 Recycling labor and truck time:30 4.33 129.9 2.17 Glass labor and truck time 4.62 4.33 20 0.33 3.94 Attachment 2, Page 1 of 1