1986-10800-Ordinance No. 86-060 Recorded 6/6/198686-10600
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
An Ordinance Amending Ordi-
nance No. 85-037, Establishing*
Procedures For Monthly Payment*
Of Landfill User Fees, Re-
quiring Security Deposits,
Assessing Interest On Delin-
quent Fees, Authorizing Ad-
vance Payment, And Declaring
An Emergency.
ORDINANCE NO. 86-060
REVIEWED
L L COUNSEL
COUNTY, OREGON
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 or funds on
deposit 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 fol -
owing:
"Section 11.04. LANDFILL USER FEES; CREDIT
ACCOUNTS; DELINQUENT PAYMENTS; ADVANCE 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 refuse access to a disposal site or landfill
to any person who does not pay all required fees at the
time of disposal.
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(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 applicant:
(a) Is a public body or a busi-
ness. As used in this sec-
tion, "public body" means the
United States, the state and
any city, county, school
district or other political
subdivision or municipal
corporation or any instru-
mentality thereof. "Business"
means a commercial or indus-
trial enterprise in which
property, goods and/or ser-
vices are manufactured, sold
and/or managed;
(b) Has paid disposal and/or
landfill user fees during
the previous year aver-
aging 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 Admini-
strator, if requested to
do so, a refundable
security deposit, equal
to twice the applicant's
average monthly landfill
user fee, to secure
payment of disposal or
landfill user fees. The
Administrator may request
that a security deposit
under this subsection be
submitted by any appli-
cant who previously has
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•
1--r
VOL 12 FAGS
been delinquent in paying
disposal or landfill user
fees and by any new
landfill customer.
However, no security
deposit will be requested
if the applicant is a
public body or a solid
waste collection fran-
chisee.
(d) At the time of appli-
cation, is not delinquent
in paying disposal or
landfill user fees.
(3) Billing; Delinquent Payments; Interest. If
the Administrator authorizes monthly payment of dis-
posal or landfill fees pursuant to subsection (2) of
this section, the Solid Waste Division will bill the
landfill customer monthly. Fees are due and payable to
the Deschutes 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. 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 percent 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 credit customer becomes
delinquent and fails to remit the landfill fees owed
plus interest within 10 days of notice of delinquency,
the Administrator shall direct the payment of delin-
quent fees and interest from the security deposit
collected pursuant to subsection (2)(c) of this sec-
tion, shall direct landfill staff to refuse the cus-
tomer access to landfills or disposal sites until the
customer has paid all delinquent 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 cus-
tomer, less any portion of the security deposit used to
pay delinquent user fees and interest under this sub-
section.
(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.
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(6) Advance Payment. The Administrator may
authorize landfill customers who do not qualify for
credit accounts under subsection (2)(b) of this section
to pay their landfill user fees in advance by depos-
iting with the Administrator an amount to be determined
by the Administrator (but not less than $50), from
which the customer's monthly disposal or landfill user
fees will automatically be paid. Landfill customers
paying in advance under this subsection will not be
billed, but will be notified by the Administrator when
the funds deposited are exhausted, and will be re-
quested to deposit additional funds when necessary. If
the landfill customer paying in advance under this
subsection fails to deposit sufficient funds to pay the
customer's landfill user fees, or elects to terminate
making advance payments, the customer must commence
paying fees at the time of disposal under subsection
(1) of this section."
Section 2. This Ordinance being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this Ordinance takes effect on its
passage.
DATED this a28 64 day of May, 1986.
BOARD OF COUNTY COMMIS ONERS
;OF"DEHUTECOUNTY, GON
i�6�
PRANTE, Chair
ATTEST:
LAURJWCE"�.e-l�'Y'UTTLE, Commissioner
e
R cording Secretary
4 - ORDINANCE NO. 86-060
UnLIN', Commissioner