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HomeMy WebLinkAboutItem 02 Solid Waste Code Changes AGENDA ITEM SUMMARY Meeting Date: 2/19/2019 Meeting Type: Work Session Staff Contact/Dept.: Neil Obringer/FIN Kristina Kraaz/ CAO Staff Phone No: 541-736-1032 Estimated Time: 25 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 CHANGES ACTION REQUESTED: Review the options presented as Options 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 Proposed Code Amendments DISCUSSION/ FINANCIAL IMPACT: This item is a continuation of the 5/14/18 and 9/17/18 work sessions and 11/19/18 public hearing where Council reviewed several categories of potential adjustments to the Solid Waste section of the municipal code. After the 11/19/18 public hearing, Council directed staff to come back to a future work session with additional information for Council to consider. Options 1 through 4 in the attached CBM describe the range of issues for Council to discuss. In addition, the CBM summarizes the public comment received so far from employees and representatives of Sanipac and those of Waste Management Control Co. (WMC), and others. Sanipac holds an exclusive franchise for the hauling of garbage and refuse in Springfield. WMC is a 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. M E M O R A N D U M City of Springfield Date: 2/19/2019 To: Gino Grimaldi COUNCIL From: Neil Obringer, Budget Officer 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 a series of work sessions on 5/14/18 and 9/17/18 and a public hearing on 11/19/18 regarding several categories of potential adjustments to the Garbage and Refuse section of the Springfield Municipal Code. Sanipac has requested that the City take action to prohibit the entry into solid waste containers and the manual compaction of waste. After the public hearing on 11/19/18, Council directed staff to come back to a future work session to discuss the options on this topic. In this memorandum, staff outline four options for Council to respond to Sanipac’s concerns. Each option summarizes the comments received from Sanipac, Waste Management Control Co. (WMC), and other members of the public that are relevant to that option. On 11/19/18, the Council also requested additional information on the scope of Sanipac’s exclusive franchise as relevant to recycling and hauling. Ordinance 6376 (adopted June 19, 2017) grants Sanipac “the exclusive right, franchise and privilege of collecting and hauling over the streets within the City of Springfield all garbage and refuse as defined in Section 4.400, et seq, of the Springfield Municipal Code,” with specific exceptions noted in the ordinance and in the code. Sanipac’s exclusive franchise extends to hauling all other “garbage and refuse” not included in the limited exceptions. “Garbage and refuse” is defined as “all sorts of waste and animal and vegetable matter, rubbish, trash, debris, ashes, tin cans and other waste matter and … 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.” It includes “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.” As relevant to the recycling and manual compaction issue, the franchise ordinance includes an exception for property owners to transport their own garbage and landlords to transport their tenant’s garbage. In addition, SMC 4.404(d) allows transporting source-separated recyclables. Attachment 1, Page 1 of 4 OPTION 1: Prohibit all physical entry into dumpsters. The proposed ordinance included as Attachment 2 reflects a blanket prohibition on any physical entry into dumpsters, except by City or Sanipac employees. 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. Public comment on 11/19/18 from a Sanipac employee specifically referenced safety concerns as a reason to prohibit entry into dumpsters. 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. There are specific OSHA requirements for people working in and around dumpsters. WMC provided a copy of their OSHA safety plan, but staff have not independently verified the extent to which WMC follows this plan or their rate of accidents or injuries. 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. If physical entry into dumpsters is prohibited in the Springfield Municipal Code, the Council would need to direct staff how to enforce the prohibition. As proposed, the prohibition would be a civil violation, enforceable through Code Enforcement on a complaint-driven basis. However, the Council would also have the option to prohibit entry into dumpsters as a criminal violation, enforced through the Springfield Police Department. If all entry into dumpsters is prohibited, the WMC may still be allowed to remove recyclables without physically entering dumpsters. Alternately, to address Sanipac’s concerns with contaminated recyclables and safety, the Council could further prohibit removing recyclables or the act of tearing open garbage bags. Finally, without additional changes to the code, WMC would still be prohibited from hauling garbage and refuse that are not source-separated recyclables. OPTION 2: Allow physical entry into dumpsters, but allow Sanipac to charge a higher rate for manually-compacted garbage. The Council could allow physical entry into trash containers, but allow Sanipac to charge a higher rate for manually-compacted garbage. Currently, the municipal code allows Sanipac to charge a higher rate for mechanically-compacted waste that exceeds 500 pounds per cubic yard. SMC 4.408(4). 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. The code could be amended to impose a surcharge for manually-compacted garbage either at the existing threshold for mechanically- compacted garbage, or to allow surcharge at a lower compaction threshold. WMC has indicated that their primary function is the removal of recyclable material from trash Attachment 1, Page 2 of 4 containers. 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. Sanipac disagrees. 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. Sanipac also provided an analysis of a WMC- managed recycling container that was determined by Sanipac to be 80% garbage by weight. Sanipac determined that it lost $500 per month providing service to the subject property. A copy of Sanipac’s analysis was provided as Attachment 2 to the 9/17/18 work session packet. 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. 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, and that 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 City of Eugene’s administrative rules currently set a higher rate for manually-compacted or mechanically-compacted garbage at 300 lbs per cubic yard; however, City of Eugene is also currently re-evaluating their administrative rules to assess whether to maintain this approach going forward. OPTION 3: Take no action to amend the Code’s provisions regarding manual compaction and physically entering dumpsters. No action on proposed amendments to the Springfield Municipal Code would mean that manual compaction of garbage and refuse and physically entering into a dumpster for any purpose remain permissible under the Springfield Municipal Code. Sanipac has provided public comment that manual compaction results in a loss of revenue, and that without the ability to prevent manual compaction or charge a higher rate, Sanipac must raise rates across the board to compensate. Sanipac also provided comment that removing recyclables from trash containers and placing them in dumpsters contributes to the current global recycling crisis, because items removed from the trash are contaminate with food waste and garbage, and therefore unfit to be recycled. Sanipac raised health and safety concerns related to entering dumpsters and tearing open garbage bags to remove recyclables, because the dumpsters themselves are not constructed to support this kind of activity and because of the presence of hazardous materials in the garbage. WMC provided public comment that their services result in a significant reduction of materials headed to the landfill from their clients’ properties. They also provided comment that their business supplies jobs in the community and has a long history of operating in Springfield. WMC responds to Sanipac’s safety concerns by commenting on their lack of accidents and that they carry liability insurance. Attachment 1, Page 3 of 4 Some services allegedly provided by WMC do not comply with existing code requirements. Specifically, hauling garbage and refuse and oversized items that are not source-separated recyclable materials is a violation of Springfield Municipal Code and Sanipac’s exclusive franchise. Employees of WMC have stated that WMC disposes of their customers’ oversized items, such as discarded furniture, by hauling these items to a separate drop box purchased from Lane Forest Products in Eugene. One person provided public comment on 11/19/2018 that this was a valuable service provided by WMC; however, it violates the current code and franchise requirements. Furthermore, because it occurs outside the City’s franchise with Sanipac, the City does not receive any franchise revenue from this activity. Finally, the ordinance proposed by City staff for the public hearing on 11/19/18 also included a number of housekeeping/modernization amendments unrelated to the manual compaction and recycling issues. The Council can decide whether to move forward solely with these amendments in either another public hearing, second reading on the ordinance, or further work session, or whether to take no action on any amendments at this time. OPTION 4: Adopt a new licensing process to provide for a special license for companies like WMC to sort recyclables from dumpsters and/or to haul recyclables and other waste over City streets. Finally, the Council could decide to allow companies like WMC to continue its business practices of manually compacting garbage and removing/hauling recyclables under a new license program. As part of a license, Council could specify requirements such as a requirement to obtain liability insurance or provide a bond to the City; background checks for employees; limitation on hours of operation; and a license fee to compensate the City for the loss of franchise revenue associated with hauling recyclables. In addition, the City could specify that these new licensees may haul other items in addition to source-separated recyclables, such as oversized items. Because this type of change would revoke a part of Sanipac’s exclusive franchise, the City would need to provide Sanipac with 5 years’ notice before adopting the new hauler’s license. CONCLUSION Staff seeks Council input regarding the four options outlined above to respond to Sanipac’s request to prohibit manual compaction of garbage by companies such as WMC. Based on Council’s direction, staff will revise the proposed ordinance and either (1) schedule an additional work session to review other aspects of the ordinance or (2) schedule a second reading and public hearing on the proposed ordinance as revised. RECOMMENDED ACTION: Review the options 1-4 and provide staff with guidance on which, if any, of the options to incorporate into proposed amendments to the Springfield Municipal Code for further consideration. Attachment 1, Page 4 of 4 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