HomeMy WebLinkAboutItem 07 Solid Waste Code Change AGENDA ITEM SUMMARY Meeting Date: 11/19/2018
Meeting Type: Regular Meeting
Staff Contact/Dept.: Neil Obringer/ DPW
Kristina Kraaz/ CAO
Staff Phone No: 541-736-1032
541-744-4061
Estimated Time: 30 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
ACTION
REQUESTED:
Conduct a first reading and public hearing on the following: ORDINANCE
AMENDING SPRINGFIELD MUNICIPAL CODE SECTIONS 4.400, 4.402,
4.404, 4.406, 4.410, 4.412, 4.418, and 5.604 REGARDING GARBAGE AND
REFUSE AND ADOPTING A SEVERABILITY CLAUSE (FIRST READING)
ISSUE
STATEMENT:
Shall the City Council amend the Garbage and Refuse section of the Municipal
Code to accomplish the following outcomes: prohibit manual compaction, prohibit
entry into containers by unauthorized individuals, clarify exceptions to the
exclusive franchise, allow enforcement of additional sections of the solid waste
code through citation to the municipal court, and housekeeping changes?
ATTACHMENTS: Attachment 1 – Ordinance
Attachment 2 – Proposed Code Amendments Legislative
DISCUSSION/
FINANCIAL
IMPACT:
During Council work sessions held on 5/14/18 and 9/17/18 Council was presented
with a range of possible changes to the solid waste section of the municipal code. In
response to Council direction, staff has drafted proposed code amendments.
Attachment 2 lists the code changes in legislative format with staff commentary
explaining the proposed change. By general category, the amendments include:
Manual compaction: Prohibits the manual or mechanical compaction or
removal of garbage or refuse by anyone other than the generator, agents of
the City or the franchised garbage collector.
Unauthorized entry: Limits entry into garbage containers only to agents of
the City or the franchised collector of garbage.
Exceptions to the exclusive franchise: Clarifies exceptions to the exclusive
franchise by listing exceptions (gardeners, vehicle towing, septic services,
etc.) directly in the code instead of only the franchise ordinance.
Enforcement: Adds additional sections of the solid waste code which can
be enforced through a citation to municipal court.
Housekeeping: Includes changes which recognize the common practice of
disposing of garbage in plastic bags, as well as changes to improve clarity.
In addition, at the 9/17/18 work session, Council asked staff whether companies
that enter trash containers are subject to OSHA requirements. Staff reached out to
Waste Management Control Co., who provided a copy of their Blood borne
Pathogen Exposure Control Plan. It requires the use of PPE including firefighter-
type boots, safety glasses, leather or PVC gloves, and a dust mask. It also provides
for annual training and Hepatitis B vaccinations for employees.
PAGE 1 of 2
CITY OF SPRINGFIELD, OREGON
ORDINANCE NO. ___________ (GENERAL)
AN ORDINANCE AMENDING SPRINGFIELD MUNICIPAL CODE SECTIONS 4.400, 4.402,
4.404, 4.406, 4.410, 4.412, 4.418, and 5.604 REGARDING GARBAGE AND REFUSE AND
ADOPTING A SEVERABILITY CLAUSE
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;
WHEREAS, Ordinance 6367, adopted June 19, 2017, grants to Sanipac, Inc. an exclusive franchise for
collecting and hauling garbage and refuse in the City of Springfield as defined in Sections 4.400
through 4.432 of the Springfield Municipal Code;
WHEREAS, Sanipac, Inc. has brought forward a complaint to City staff regarding manual compaction
of garbage and refuse in large garbage containers, which poses risks to the individuals entering the
containers, to the public health, and has the effect of increasing Sanipac, Inc.’s disposal costs;
WHEREAS, it is in the public interest that garbage and refuse collection in the City is conducted
safely;
WHEREAS, it is in the public interest that disposal costs to Sanipac, Inc. are not increased by means
of manual garbage compaction, because it may have the effect of generally increasing the rates for
garbage disposal across the City;
WHEREAS, for the above reasons, the City Council finds that it is in the public interest and welfare to
prohibit manual compaction of garbage and refuse and to prohibit a person from physically entering
into a garbage container and to provide enforcement for these regulations through the Springfield
Municipal Court; and
WHEREAS, these regulations are adopted through the City of Springfield’s broad home rule authority
under the Chapter II of Springfield City Charter which provides the following:
Section 4. Powers of the City. The City has all powers that the constitutions, statutes and
common law of the United States and of the State of Oregon now or hereafter expressly or
impliedly granted or allowed the City, as fully as though this Charter specifically enumerated
each of those powers.
Section 5. Construction of Powers. In this Charter no specification of power is exclusive or
restricts authority that the City would have if the power were not specified. The Charter shall be
liberally construed, so that the City may exercise as fully as possible all powers possible for it
under this Charter and under United States and Oregon law. A power of the City continues
unless the grant of the power clearly indicates the contrary.
NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS:
Section 1. The Springfield Municipal Code is amended as provided in Exhibit A attached
hereto and incorporated by reference.
Attachment 1, Page 1 of 2
PAGE 2 of 2
Section 2. Savings Clause. Except as specifically amended herein, Section 4.400 through
4.432 and Section 5.604 shall continue in full force and effect.
Section 3. 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 4. 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
Attachment 1, Page 2 of 2
Attachment 2
Proposed Garbage and Refuse Code Amendments
The proposed municipal code amendments are shown in legislative format (deleted text with
strike-through red font and new text with underline red font). Commentary explaining the
proposed change is shown inside a blue box.
4.400 Definitions.
For purposes of sections 4.400 to 4.430, 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.
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.
Staff Commentary: This proposed amendment is made for consistency with the proposed
amendments to SMC 4.402, which expands the scope of activities that are prohibited except
under the Franchise or a City license.
Licensee. A person, firm or corporation authorized by sections 4.400 to 4.430 to make
collection, haul, carry, or dispose of, take, process, sort, transfer, manually or mechanically
compact or remove garbage or refuse, including recyclable material, 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.
Attachment 2, Page 1 of 11
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.
4.402 Exception.
Staff Commentary: Housekeeping amendment to clarify the language.
(1) Nothing in this sectionsection 4.404 through 4.432 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.
4.404 Hauling.
Staff Commentary: The proposed amendments to SMC 4.404(1) expands the activities covered
under the garbage and refuse franchise and licensing requirements. These amendments
prohibit manual garbage compaction and other activities associated with physically entering a
garbage container. See the proposed amendments to SMC 4.410 for the direct prohibition on
entering a garbage container. The language includes an exemption for the person who
disposes of the garbage and for agents of the City.
(1) It shall be unlawful for any person other than the person producing or
depositing the material contained therein or an officer, employee, or permittee of the City or
the collector of garbage and refuse franchised by the city, to haul, carry, or dispose of, take,
process, sort, transfer, manually or mechanically compact or remove, whether for disposal,
recycling, reuse or otherwise, any garbage or refuse, including recyclable material, within the
city, except as provided in sections 4.400 to 4.430.
Staff Commentary: The proposed amendments below would consolidate and clarify existing
exceptions to the Franchise and license requirement. Currently, there are exceptions to
Sanipac’s exclusive franchise listed here under SMC 4.404, in SMC 4.418, and in the Franchise
Ordinance (6367). These exceptions overlap, and the code is not always clear which exceptions
require a separate City license and which require no license. The propose amendments clarify
the exceptions that require no license at all under proposed amendments to SMC 4.418 below,
and include a reference to that section under SMC 4.404 directly below. The proposed
amendments clarify that the exempt activities listed under SMC 4.404(1)(c) and (d) require a
license under SMC 4.418.
Attachment 2, Page 2 of 11
(a) This subsection shall apply to construction project drop box service.
(b) This prohibition shall not apply to a transient hauler as defined in section
4.400 any person exempted from the license requirement in Section 4.418(2) of this Code.
(c) This prohibition further shall not apply to any person, firm or corporation
licensed under section 4.418 who is engaged in purchasing recyclable waste products from
a source of such materials even though mixed with garbage, refuse, waste or materials not
suitable or intended for recycling under a contract entered into prior to the 19th day of
February, 1979 (effective date of this amendment).
(d) Nothing hereby shall prohibit This prohibition shall not apply to a person
licensed under section 4.418 who is engaged in the purchase, taking or transport of wastes
which are:
(i) Not putrescible,
(ii) Have been or are source separated, and
(iii) Will be reused or recycled.
Staff Commentary: The proposed amendment remove subsections (a) and (b) below, which
define “actually providing garbage collection service.” Prior to 2014, this chapter allowed a
business “actually providing garbage collection service” in annexed territory to continue
providing service after annexation. In 2014, the code was amended to require Sanipac to
provide service immediately, and there is no longer a need for this code language. The
proposed amendment also updates the effective date of the ordinance, to be replaced with the
new effective date upon passage of these proposed amendments.
(2) The provisions of this section prohibiting the hauling, carrying, or disposing,
taking, processing, sorting, transferring, compacting or removing of garbage and refuse other
than by the collector of garbage refuse, shall apply to the boundaries of the city as they existed
on February 10, 1969[effective date] 2018, and to any areas hereafter that may be annexed to
the city as of the effective date of annexation.
(a) No person shall be considered as actually providing garbage collection
service to customers unless such service is actually being furnished on a regular basis to
permanent businesses, industries and/or occupied residences located within any area
involved.
(b) All of the provisions of this article pertaining to collection service and
applying to the collector of garbage and refuse and including, but not limited to, rates,
shall also apply to any licensee under this section.
(3) Any person hauling garbage over the streets of the city shall be required to
convey the same in a covered or tightly closed vehicle to prevent the scattering of the same
upon the streets of the city.
(4) In the event that wet garbage or liquids are hauled, they shall be hauled in
such containers and in such a manner as to prevent them from spilling, leaking or dripping
upon the streets.
Staff Commentary: This subsection is proposed to be deleted, and consolidated with SMC
4.418’s new provisions regarding license requirements.
(5) Any person claiming the right to haul any garbage or waste, or recyclable
waste products under any exception to the prohibitions of this article shall obtain the license
Attachment 2, Page 3 of 11
required in sections 4.400 to 4.430 and shall comply with subsections (3) and (4) of this
section.
4.406 Collection—Times.
(1) The collector of garbage and refuse is to make collections of garbage and
refuse throughout the business area of the city as required by the council and at least weekly
collections in all the residential districts of the city. The collection of offensive or wet garbage in
the business district shall be completed by the hour of 11:00 a.m. on each day set for collecting
the same. Between the hours of 5:00 p.m. and 8:00 p.m. on all days which precede legal
holidays, the collector shall collect the garbage from all butcher shops and other establishments
having garbage which may become foul or offensive by being kept over the ensuing holiday. In
addition to the foregoing, the collector is to respond to all calls for special hauling not later than
48 hours from the date of receiving the call.
(2) The collector of garbage shall provide collection of yard debris to residential
customers in months designated by the public works director or designee. Such designation
shall be made not more than twice annually, with at least 30 days’ written notice to the
collector of garbage. Each customer shall be charged a rate fixed by the collector of garbage
and approved by resolution of the council.
4.408 Collection—Rates.
(1) Charges for the collection of garbage and refuse as established herein shall be
payable monthly in advance. In the event that any person fails to pay the collector of garbage
and refuse for the services rendered by the collector for a period of 45 days, then the collector
may prepare a statement to that effect, and to the effect that he or she is terminating the
service to such person and shall deliver a copy thereof to the city manager. The city shall
thereupon have the burden of seeing to it that such person for whom the service is terminated
disposes of his or her garbage in accordance with the terms of sections 4.400 to 4.430. The
collector shall have no duty to commence serving such person again until the collector shall
have been reimbursed for the delinquent payments.
(2) Maximum rates to be charged for the collection of garbage and refuse for a
month 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 section 4.410(5)(b), licensee may charge
rates specified for three cans.
(3) There may be added to the maximum rates hereinabove set forth, an
additional charge to provide recovery for the imposition of Lane County disposal system and
benefit fees upon the hauler by Lane County. Such additional charge may be imposed by the
hauler commencing on the date any such charge is imposed upon the hauler. Such additional
charge shall not exceed the following:
(a) For commercial customers, number of weeks per month times the
number of pickups per week times the size of the receptacle in cubic yards (32 gallon can
= .1584 cubic yards) times the cost to the hauler imposed by Lane County.
(b) For residential customers, number of weeks per month times the number
of pickups per week times the average weight of cans of the size used by the customer, as
Attachment 2, Page 4 of 11
such average may be determined by periodic surveys conducted by the collector and
reviewed by the city.
(c) An additional charge equal to the county charge to the hauler may be
imposed for special waste.
(4) The charge for removal of compacted waste shall be set by resolution of the
council. Compacted waste is defined as waste weighing 500 pounds or more per cubic yard. If
customer and franchisee disagree as to the weight, franchisee will conduct weighing of waste.
If weight is less than 500 pounds per cubic yard, franchisee will pay the cost of weighing. If the
weight is 500 pounds or more per cubic yard, customer will pay the cost of weighing.
4.410 Receptacles.
(1) Except as provided in subsection (5) herein below, it shall be the duty of each
person 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.
Staff Commentary: The proposed amendment to SMC 4.404(1) expands the activities covered
under the garbage and refuse franchise and licensing requirements. These amendments
prohibit manual garbage compaction and other activities associated with physically entering a
garbage container. See the proposed amendments to SMC 4.410 for the direct prohibition on
entering a garbage container. The language includes an exemption for the person who
disposes of the garbage and for agents of the City.
(4) No person except an officer, employee, or permittee of the City or of the
collector of garbage shall physically enter a garbage container or receptacle.
(45) 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.
Attachment 2, Page 5 of 11
(56) 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 (78) 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.”
(67) Licensee may offer additional weekly mechanized curb side residential service
as follows:
(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 (78) 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.
(78) 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.
4.412 Wrapping.
Staff Commentary: Housekeeping amendment to update SMC 4.412 to include plastic as a
permissible material for garbage disposal.
All garbage and refuse shall be wrapped in paper or plastic or placed in paper or plastic sacks
before being placed in any garbage can receptacle for collection.
4.414 Liquid Wastes.
No person shall fill refuse containers with dishwater or other liquid or semiliquid kitchen waste,
which is properly disposable down the sanitary drains.
Attachment 2, Page 6 of 11
4.416 Time Limit on Accumulation.
It is hereby made unlawful for any person in the city to permit or suffer any of the substances
which are described or referred to in section 4.410, and for which he is responsible, to be or
remain in or upon the premises owned, occupied, or controlled by him for a period of longer
than seven days in any event. This limitation of seven days shall be subject to the further
provision that none of such substances, as described or referred to in section 4.410, shall be
allowed to be or remain in or about any place or premises longer than a reasonable time, which
reasonable time may be determined by the nature of the decaying matter, garbage, or other
substance referred to in sections 4.400 to 4.430 and with a view of protecting the public safety
and health.
4.418 Licenses and Permits for Hauling.
(1) No person shall remove, transfer, take or haul through or over any of the streets
of the city, or pick up, collect or accept for collection within the city, or burn out of doors, or
bury or dispose of any manner, any garbage, refuse, or other substances described by name or
referred to in sections 4.400 and 4.404 of this code, except those persons duly licensed or
franchised therefor, whose duty it may be or shall become to thus remove, handle, pick up or
convey all of the substances described or referred to herein, within, over, or upon any of the
streets or public places of the city.
Staff Commentary: The proposed amendments below add the existing franchise exceptions
from the current Sanipac Franchise (Ordinance 6367), which have not previously been included
in the municipal code language, and consolidates the these existing exceptions with other
exceptions that are currently included in the code alone. The existing exceptions in Ordinance
6367 include:
“(a) A person may transport solid waste which such person produces, directly to an
authorized disposal site or recycling or resource recovery facility; Provided, however, the
solid waste produced by tenant, licensee, occupant or person other than the owner of
the leased, occupied or licensed premises may be considered produced by the landlord
or property owner; but provided further, owners or groups of owners may not join for
the purpose of commercially transporting solid waste from properties of differing
ownership.
(b) A person may contract with the State or a federal agency to provide service to such
agency under a written contract with such agency.
(c) 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.
(d) A person may engage in the practice of pumping, transportation, and disposal 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 who engages in an occupation, such as gardener, landscaper, grounds
keeper, or construction contractor for a property owner or tenant in the City and who
Attachment 2, Page 7 of 11
produces thereby small volumes of solid waste as a result of such work for a property
owner or tenant in the City may transport such solid waste in such person's own
equipment where the solid waste produced is incidental to the particular job the person
is performing.”
(2) Notwithstanding subsection (1) of this section, the following persons do not
require a license:
(1) No license shall be required of the franchisee.
(a) The collector of garbage and refuse as defined in Section 4.400;
(b) A transient hauler as defined in Section 4.400;
(c) A person transporting garbage and refuse that such person produces,
directly to an authorized disposal site or recycling or resource recovery
facility according to section 4.402 of this code;
(d) A property owner or landlord transporting garbage produced by a tenant,
licensee, occupant or person other than the owner of the leased,
occupied or licensed premises, in compliance with the provisions of
section 4.400 through 4.432 of this code, provided that owners or groups
of owners may not join for the purpose of commercially transporting solid
waste from properties of differing ownership;
(e) A person who contracts with the State or a federal agency to provide
service to such agency under a written contract with such agency;
(f) 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;
(g) A person engaged in the practice of pumping, transportation, and
disposal of septic tank and cesspool pumpings or other sludge, provided
such activity is conducted in compliance with applicable state and local
laws;
(a)(h) A person engaged in an occupation, such as gardener, landscaper,
grounds keeper, or construction contractor for a property owner or tenant
in the City and who produces thereby small volumes of garbage and
refuse as a result of such work for a property owner or tenant in the City
may transport such garbage and refuse in such person's own equipment
where the garbage and refuse produced is incidental to the particular job
the person is performing.
(23) All other persons authorized by section 4.404(1) to haul, carry, or dispose of,
take, process, sort, transfer, compact or remove garbage and reuse shall obtain a license from
the city as provided in sections 7.280 through 7.2947.000 to 7.006 of this code. Only those
persons authorized by section 4.404(2) to make collections, haul, carry or dispose of refuse
within the city shall be issued a license. The license fee shall be set by resolution of the council.
(3) No license shall be required of a transient hauler.
Attachment 2, Page 8 of 11
(4) Nothing herein contained shall prevent the burning of leaves and dry rubbish if
a permit to do so is obtained from the city and if such burning is authorized or allowed by the
regulations adopted by the Lane Regional Air Protection Agency and consistent with the
requirements of the Fire Code.
(5) Nothing herein contained shall prevent an individual from hauling his or her
own garbage or refuse as provided in section 4.402 of this code.
4.420 Collector—Reports.
The collector of garbage and refuse shall report all filth, dirt, garbage and
miscellaneous refuse to the city authorities and use every means within his or her command to
assist in maintaining a clean, healthful and sanitary city.
4.422 Collector—Records.
The collector of garbage and refuse shall keep a sufficient record of accounts so that all
disputes with reference to billing and payment may be resolved at least to the extent that the
collector shall have evidence for the position taken by him or her in the event of any dispute.
4.424 Collector—Supervision.
The collector of garbage and refuse shall perform all of his or her work under the
supervision and to the satisfaction of the city and shall agree that he or she will comply with all
of the sanitary regulations of the city and of the state.
4.426 Deposit on Property.
It shall be unlawful for any person to place or deposit in any unsanitary manner upon
public or private property within the city any human or animal excrement, garbage, or other
objectionable waste, or to permit any such substance to remain so deposited on property under
his or her control.
4.428 Deposit of Refuse Upon Property of Another or Upon Public Property.
It shall be unlawful for any person to throw, dump, place, deposit or drain, or permit to
be drained upon the land or property of another, without the permission of the owner, or upon
any public property, road, highway, street, alley or any easement used by the public, any cans,
glass, nails, tacks, broken dishes or crockery, carcass of any dead animal, old clothing, old
automobile tires or parts, boards, metal or any sort of garbage, rubbish, trash, debris, or
refuse, or any sewage or the drainage from any cesspool or septic tank, or any substance which
would mar the appearance, create a stench or detract from the cleanliness or safety of such
property, public or private, road, highway, street, alley or easement. It shall further be unlawful
for any person to place any of the foregoing materials in any receptacle for such materials
belonging to or upon the land of another without the consent of the owner of the land and
receptacle.
Attachment 2, Page 9 of 11
4.430 Compactors.
(1) The installation, operation, and maintenance of all compactors shall meet all
applicable federal, state and local laws or ordinances, rules or regulations.
(2) No person shall load a compactor in excess of the safe lifting capacity of
franchisee’s vehicle for that type of compactor.
4.432 Collection and Disposal of Yard Debris.
(1) Yard debris shall be collected in customer supplied containers, bags, or bundles
measuring not more than four feet in length and two feet in diameter. The collector shall not be
required to collect any container not left at the curb nor any container whose weight exceeds
60 pounds, provided that the collector shall advise any customer of any container that is not
collected by reason of excessive weight. Disposal of the contents of such container shall be the
responsibility of the customer.
(2) The total number of bundles per residential site shall not exceed five.
Bundles shall be free of contaminants such as dirt, rocks, metal or other non-vegetative waste.
(3) Yard debris shall be disposed of at a facility registered with the Oregon
Department of Environmental Quality. The collector shall maintain records of the quantity of
yard debris collected, which shall be provided to the city with the annual report.
CIVIL ENFORCEMENT OF CODE INFRACTIONS
5.604 Application and Amendment.
Staff Commentary: The proposed amendments would enable the following code violatiosn to
be enforced through a citation to municipal court:
• 4.402 for self-hauling construction debris;
• 4.404 for violating the exclusive franchise or for improperly hauling garbage (i.e.
allowing it to spill out);
• 4.412 for not wrapping garbage before it is placed in a can;
• 4.414 for improperly disposing of liquid waste; and
• 4.418 for not obtaining a license to haul garbage where one is required.
Under the current code, 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 through Lane County Circuit Court. Code
enforcement for these sections would fall under the same complaint-generated citation process
used for other code violations. The Franchise Ordinance and other Sanipac requirements in the
code would remain outside the municipal court process.
(1) The civil infraction procedure prescribed by sections 5.600 to 5.626 applies to
and amends the following laws of the city:
(a) Springfield Code:
Streets, sections 3.200 to 3.226;
Attachment 2, Page 10 of 11
Sanitary Sewers, sections 3.350 to 3.382;
Public Nuisance, section 4.060;
Illicit Discharge, sections 4.370 to 4.372;
Garbage and Refuse, sections 4.402, 4.404 and 4.410 and 4.416 to 4.418;
Deposit on Property, section 4.426;
Deposit of Refuse Upon Property of Another or Upon Public Property, section
4.428;
Public Health and Sanitation, section 4.450;
Miscellaneous Particular Nuisances, sections 5.002, 5.050, 5.052 and 5.062;
Control of Dogs and Other Animals, section 5.424(3);
Miscellaneous Offenses Concerning Public Safety, sections 5.120, 5.122, 5.124,
5.132 and 5.134;
Miscellaneous Offenses Concerning the General Welfare, sections 5.272, 5.274 and
5.276;
Chapter 7, Business;
Chapter 8, Signs, sections 8.200 to 8.266; Grading, sections 8.300 to 8.338;
(b) Springfield Development Code 1986 as subsequently amended;
(c) Standards for Hazardous Materials Within Time of Travel Zones, section
17.070;
(d) Springfield Building Safety Codes, Administration Code;
(e) The Fire Code as adopted by the city of Springfield.
(2) Violation by any person of any of the above code sections or any provision
thereof constitutes a civil infraction.
Attachment 2, Page 11 of 11