1986-03938-Ordinance No. 86-009 Recorded 2/26/198686- .39.38
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
An Ordinance Amending Ordi-
nance No. 85-037, Establish-
ing Procedures For Monthly * ``
Payment Of Landfill User Fees,*
Requiring Security Deposits,
Assessing Interest On De-
linquent Fees And Prescribing
An Effective Date.
ORDINANCE NO. 86-009
Rt v iEW'D
LEa COUNSEL
DESCHUTES COUNT] OREGfft
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WHEREAS, pursuant to Ordinance No. 85-037, users of Des-
chutes County solid waste disposal sites and landfills are re-
quired to pay landfill user fees; and
WHEREAS, the Solid Waste Division of the Deschutes County
Department of Public Works has authorized certain landfill users
to remit their user fees through credit accounts and monthly
payments; and
WHEREAS, some landfill users to whom credit has been ex-
tended have been delinquent in remitting their landfill user
fees, and have, in some cases, failed to remit landfill user fees
after being notified of the delinquency; and
WHEREAS, it appearing that the criteria and procedures for
landfill user credit accounts need modification to assure that
landfill user fees are paid on a timely basis; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. Article VII of Ordinance No. 85-037, Regional
Collection and Disposal, is amended by the addition of the
following:
Section 11.04. Landfill User Fees; Credit Accounts;
Delinquent Payments.
(1) Disposal and Landfill User Fees. Except as provided in
subsection 2 of this section, every person disposing
of solid waste at a disposal site or landfill shall pay
all disposal and landfill user fees imposed by this
ordinance at the time of disposal. The County may
1 - ORDINANCE NO. 86-009
VUR "I Fi�:r32
refuse access to a disposal site or landfill to any
person who does not pay all required fees at the time
of disposal.
(2) Credit Accounts. The Administrator may authorize the
payment of disposal and landfill user fees on a monthly
basis through the establishment of a credit account
with the Solid Waste Division of the Department of
Public Works. The Administrator may establish such a
credit account, upon application, only if the appli-
cant meets the following requirements:
(a) Is a public body or a business. As used in this
section, "public body" means the United States,
the state and any city, county, school district or
other political subdivision or municipal
corporation or any instrumentality thereof.
"Business" means a commercial or industrial
enterprise in which property, goods and/or
services are manufactured, sold and/or managed;
(b) Has paid disposal and/or landfill user fees during
the previous year averaging a total of at least
$50 per month for the months of landfill use, or,
if a new landfill customer, demonstrates to the
Administrator's satisfaction that the customer
will pay fees averaging a total of $50 per month.
(c) Deposits with the Administrator a refundable secu-
rity deposit of $100 to secure payment of dis-
posal or landfill user fees. However, the deposit
will not be required if the applicant is a public
body or a solid waste collection franchisee.
(d) At the time of application, is not delinquent in
paying disposal or landfill user fees.
(3) Billing; Delinquent Payments; Interest. If the Admini-
strator authorizes monthly payment of disposal or land-
fill fees pursuant to subsection (2) of this section,
the Solid Waste Division will bill the landfill cus-
tomer monthly. Fees are due and payable to the Des-
chutes County Solid Waste Division on the 30th day of
the month for the preceding month, and are delinquent
on the 15th day of the month following the billing.
2 - ORDINANCE NO. 86-009
va 71 FAcF163
Any landfill customer who fails to remit the fees due
prior to delinquency shall pay interest at the rate of
three quarters of one percent per month, or nine per-
cent per annum, on the unpaid balance, with proration
for a fraction of a month.
(4) Use of Security Deposit; Cancellation of Credit
Account. If a landfill customer becomes delinquent and
fails to remit the landfill fees owed plus interest
within 10 days of notice of delinquency, the Adminis-
trator shall direct the payment of delinquent fees and
interest from the security deposit collected pursuant
to subsection (2)(c) of this section, shall direct land-
fill staff to refuse the customer access to landfills
or disposal sites until the customer has paid all de-
linquent fees and interest owed, and shall cancel the
landfill customer's credit account. Upon cancellation
of a credit account under this section, or upon closure
of the account at the customer's request, the security
deposit given under subsection (2)(c) above shall be
refunded to the customer, less any portion of the secu-
rity deposit used to pay delinquent user fees and
interest under this subsection.
(5) Nothing in this section shall be construed to limit in
any way the County's authority to collect delinquent
landfill user fees by any lawful method.
Section 2. This ordinance takes effect on June 1, 1986.
DATED thisL`/, day of February, 1986.
ATTEST:
Rdcordi4i§ Secretary
3 - ORDINANCE NO. 86-009
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
I_*V
, Cnairman
. TU7ATLE, Commissioner
C/
DICK MAUDLIN, Commissioner