HomeMy WebLinkAboutItem 03 Solid Waste Code Change - Construction & Demolition Debris AGENDA ITEM SUMMARY Meeting Date: 5/14/2018
Meeting Type: Work Session
Staff Contact/Dept.: Neil Obringer/DPW Staff Phone No: 541-736-1032
Estimated Time: 20 min
S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Promote and Enhance our Hometown Feel
while Focusing on Livability and Environmental Quality ITEM TITLE: SOLID WASTE CODE CHANGE – CONSTRUCTION & DEMOLITION
DEBRIS
ACTION
REQUESTED:
1.) DEQ Requirements: Provide staff with feedback on the proposed code
change which adds requirements to source separate construction and demolition debris or take the debris to a material recovery facility for self-haulers of six cubic yards or more.
2.) Future Code Changes: Provide staff with feedback on the items (a-d)
listed in Section 2 of ATT1 and which, if any, to bring back for future
consideration.
ISSUE STATEMENT: 1.) DEQ Requirements: In order to comply with new DEQ requirements for recycling and waste prevention, staff have worked with the City Attorney’s
Office to develop proposed changes to the Springfield Municipal Code. These changes direct certain self-haulers of construction & demolition debris to either source separate or take the debris to a material recovery
facility. 2.) Future Code Changes: Through the course of this update staff and the City Attorney’s Office have identified a number of additional potential
code changes to the Solid Waste section of the Springfield Municipal Code. These potential changes are summarized for Council review and feedback. If Council so chooses, staff will provide additional information and
schedule time to discuss at a future work session.
ATTACHMENTS: ATT1 Solid Waste Code Change Council Briefing Memorandum ATT2 Proposed Solid Waste Code Amendments
DISCUSSION/ FINANCIAL
IMPACT:
See Attached Council Briefing Memo (Attachment 1)
M E M O R A N D U M City of Springfield
Date: 5/14/2018
To: Gino Grimaldi COUNCIL
From: Tom Boyatt, Interim DPW Director
Neil Obringer, Senior Management Analyst
BRIEFING
Subject: Solid Waste Code Change – Construction & Demolition Debris MEMORANDUM
ISSUE:
1.) DEQ Requirements: In order to comply with new DEQ requirements for recycling and waste prevention, staff have worked with the City Attorney’s Office to develop
proposed changes to the Springfield Municipal Code. These changes direct certain self-haulers of construction & demolition debris to either source separate or take the debris to a material recovery facility.
2.) Future Code Changes: Through the course of this update staff and the City Attorney’s
Office have identified a number of additional potential code changes to the Solid Waste
section of the Springfield Municipal Code. These potential changes are summarized for Council review and feedback. If Council so chooses, staff will provide additional
information and schedule time to discuss at a future work session.
COUNCIL GOALS/
MANDATE:
Promote and Enhance our Hometown Feel While Focusing on Livability and Environmental Quality
BACKGROUND:
1. DEQ Requirements
During the Council work session on May 15th 2017 Council was briefed on new requirements DEQ is imposing in its implementation of Senate Bill 236 (2015). At that time, staff proposed changes to
the Sanipac Franchise Ordinance to implement changes to the Oregon Opportunity to Recycle Act
under Senate Bill 236 (2015). Those changes to the Franchise Ordinance were adopted on June 19, 2017 as Ordinance 6367. Since then, staff has identified additional changes to Chapter 4 of the
Springfield Municipal Code needed to implement Senate Bill 236. If Council chooses to adopt these changes to the Springfield Municipal Code the first public hearing is scheduled for May 21st with the second reading and adoption on June 4th.
Senate Bill 236 (2015) updated the Opportunity to Recycle Act legislation which outlines the requirements of local jurisdictions regarding the provision of recycling services. The new law has
two components – Recycling Programs and Waste Prevention Programs. Due to Springfield’s population size and our proximity to Portland, the new law requires Springfield to provide seven
recycling program elements and five waste prevention program elements. Prior to adoption of
Ordinance 6367, Springfield provided five of the recycling program elements, therefore the City must add two more recycling program elements, plus add the five waste prevention program
elements. Most of the new requirements imposed by SB 236 can be met using existing practice and
do not require changes, or have been addressed in the updated Franchise Ordinance. An exception to this is our election to provide a recovery program for construction and demolition debris.
Attachment 1, Page 1 of 3
MEMORANDUM 5/9/2018 Page 2
Under the construction and demolition program element the City must provide a mechanism to ensure that construction and demolition debris generated in Springfield be source-separated at the
site of generation or be sent to a material recovery facility (MRF) for processing and recovery.
The new code language, as outlined in Attachment 2, would no longer permit self-haulers of mixed
construction & demolition debris greater than six cubic yards to haul waste for disposal at a landfill.
There would be no change to current practice for construction and demolition debris generators who arrange with Sanipac for collection, for those that source separate debris on site, or for those that
take debris to a MRF, such as EcoSort or Mckenzie Recycling.
Sanipac is prepared to assist with the outreach and education necessary to ensure that this proposed
change is communicated to generators of construction and demolition debris. They will be providing brochures describing the change that will be distributed by the City to residents who pull structural or demolition building permits. In addition, Sanipac will conduct outreach to the homebuilders
association.
Lane County is subject to the new requirements under SB263 and has also opted to implement the
construction and demolition program element. The County’s implementation involves both changes to policies and procedures at the Glenwood transfer station and an update to the Lane code. Starting
July 1, 2018 all self-haul customers coming to the transfer station with 6 cubic yards or more of
construction debris that contain recyclables will be directed to one of the two MRFs in the area. In addition, the County has adopted code language similar to what is proposed for Springfield but
which only applies to areas within the UGB of Springfield and Eugene. Lane County’s adoption of
similar provisions/practices should simplify implementation for the City as the County will be enforcing these requirements at the transfer station.
The proposed municipal code amendments necessary to enact this change have been provided in legislative format in Attachment 2 of the packet.
2. Future Code Changes
In the course of drafting the construction and demolition debris code amendment described above,
staff and the City Attorney’s Office have identified a number of additional potential code changes to the Solid Waste section of the municipal code. These possible changes are described below. Staff is seeking feedback on whether Council would like to receive additional information on these code
changes. If so directed, staff will plan to come back with additional information on these items in a CPM to Council and will look to schedule a work session at a future date for discussion.
a) Prevention of container entry for purposes of unlicensed solid waste collection and garbage compaction. Discussion: Sanipac has requested that the City take action to prohibit the entry into
solid waste containers and the manual compaction of waste by unlicensed entities. There are unlicensed companies operating in Springfield who are contracted by
multi-unit residential and commercial property owners and managers to sort/haul
recyclables, bulk waste items and hazardous wastes. Sanipac indicates that these companies are funded by a manipulation of the City’s solid waste collection rate
structure by charging the property owner an amount at or near the City’s approved solid
waste collection fee but then entering the containers in order to manually compact the garbage allowing the use of a smaller container. These activities pose several possible
risks, including the risk of liability from persons climbing into or around dumpsters, and identity theft if strangers are allowed to go through trash and discover personally identifying material. Additionally, the manual compaction these companies engage in
increases the weight of containers and thus Sanipac’s disposal costs. These costs are
Attachment 1, Page 2 of 3
MEMORANDUM 5/9/2018 Page 3
then passed along through the rate structure to Springfield rate payers. These activities may also reduce the franchise fees provided to the City.
b) Amendments to consolidate and clarify existing license/franchise exceptions in various sections of the code and Franchise Ordinance. Discussion: There are a number of exceptions to the exclusive franchise (such as for
gardeners/landscapers) which exist in the franchise ordinance but not in the municipal code. It may be clearer to list these exceptions directly in the code.
c) Amendments to expand code enforcement authority in municipal court for violations of Chapter 4.4 Garbage and Refuse.
Discussion: This would expand the sections of the Garbage and Refuse code that can be enforced through 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 through Lane County Circuit Court (a more costly process for both parties).
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
4.414 for improperly disposing of liquid waste
Additionally, it appears that an oversight during the course of the last major municipal
code update resulted in the loss of the City’s ability to enforce the exclusive franchise
through the municipal court. This amendment would restore the ability to respond to complaints such as not obtaining a license to haul garbage where one is required.
If these changes are enacted, 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.
d) General housekeeping changes. Discussion: There are several examples of outdated references and obsolete language.
One example is an update to the code requirement that garbage be wrapped in paper.
The update would allow garbage to also be disposed of in plastic, which is the most common practice.
RECOMMENDED ACTION:
1. DEQ Requirements: Provide staff with feedback on the proposed amendment to the Springfield Municipal code which adds a requirement to source separate or take debris to a
material recovery facility for self-haulers of six cubic yards or more of construction and
demolition debris.
2. Future Code Changes: Provide staff with feedback on the items listed and which, if any, to bring back for future consideration.
Attachment 1, Page 3 of 3
Attachment 2
Proposed Solid Waste Code Changes – Construction & Demolition Debris
The amendments are shown in legislative format (new text with double underline red font, deletions with
strikethrough).
GARBAGE AND REFUSE
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.
Licensee. A person, firm or corporation authorized by sections 4.400 to 4.430 to make
collection, haul, carry or dispose of garbage or refuse within the city, other than the collector of
garbage.
Material Recovery Facility. A facility permitted by the State of Oregon to accept non-
source separated materials for the purposes of recycling by using manual and/or mechanical
methods or at which source separated materials are collected.
Recycle/Recycling/Recyclable Waste. A process by which solid waste materials are
transferred into new or reusable products in such a manner that the original products may lose
their identity, or the materials to be so processed and used. It shall not include, however, any
putrescible waste.
Attachment 2, Page 1 of 3
Source Separate. To separate recyclable waste from garbage and refuse by the person
who last uses the recyclable material.
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.
(1) Nothing in this section is to be construed, however, to prevent any resident or householder
of the city from hauling his or her own garbage or refuse and disposing of the same in a lawful
manner.
(2) Notwithstanding subsection (1) of this section, any person who generates and self-hauls a
minimum of six cubic yards of construction and demolition debris at any time must either:
(i) Source-separate said construction and demolition debris at the site of generation,
or
(ii) Dispose of said construction and demolition debris only at a material recovery
facility for processing and recovery.
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
Attachment 2, Page 2 of 3
same may thereby cause or become a public nuisance, or affect or endanger the rights or health
of any person whatsoever.
(3) No person shall overload containers beyond the point where covers can securely
be replaced.
(4) Standard 32 gallon garbage cans shall not exceed 60 pounds in weight when full.
If the container is overweight, licensee will not empty the container and will leave notification to
the customer of the overweight limit.
(5) Licensee may offer weekly mechanized curb side residential service as follows:
(a) Licensee, for the fees provided for in section 4.408, may provide rolling cart
over-sized garbage receptacles. This service is not a requirement for either licensee or
resident or homeowner, but may be offered upon the mutual agreement of the licensee and
the resident and homeowner. In providing this service, licensee shall provide the
opportunity to recycle as set forth in subsection (7) of this sectionsection 6 of Ordinance
Number 5395 (Special).
(b) 90 gallon rolling cart receptacles shall not exceed 200 pounds in weight
when full. If container is overweight, licensee will not empty the container and will leave notification to the customer of the overweight limit. The resident or householder is responsible for wheeling the rolling cart oversized garbage receptacles to the curb side. No
receptacles shall be placed in the street right-of-way.
(c) Weekly curb side residential mechanized cart service fees shall be set by resolution of the council. In the event that resident or householder does not wheel the rolling
cart to curb side as required by subsection (b) of this section, licensee may charge rates
specified for “3 cans.”
(6) Licensee may offer additional weekly mechanized curb side residential service as
follows:
(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 section 6 of Ordinance Number 5395 (Special).
(b) The resident or householder is responsible for wheeling the sixty gallon rolling cart garbage receptacle to the curb side. No receptacles shall be placed in the street
right-of-way.
(7) Licensee shall provide the opportunity to recycle to all customers which shall at
all times comply with the requirements of ORS 459A.005-459A.085 (former ORS 459.165-
459.200) and ORS 459.250, including utilization of the required elements contained in ORS
459A.010(2)(a), (b), (c) and (h)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.
Attachment 2, Page 3 of 3