1991-19237-Ordinance No. 91-004 Recorded 6/28/1991REVIEWED Jill- �', n - 91~19237 LEGAL UNSFL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES-COUN`PY-i--RE An Ordinance Amending Chapter 13.12,. *. General Provisions, Deschutes County *: Code, and Chapter 13.20, Recycling, Deschutes County Code, Adding New Provisions and Declaring an Emergency. *�S 199 w,,o .>. ORDINANCE NO. 91-004_%"> THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. That Chapter 13.12, General Provisions, of the Deschutes County Code, is amended to read as set forth in Exhibit "A," attached hereto and by this reference incorporated herein. Section 2. That Chapter 13.20, Recycling, of the Deschutes County Code, is amended to read as set forth in Exhibit "B," attached hereto and by this reference incorporated herein. Section 3. 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. L� DATED this day of L�u� , 1991. BOARD OF OUNTY COMMISSIONERS OF DES TES COUNTY, OREGON TOK THROOP, C Q-JV AT ST• INCY P SC Recording Secretary MAU IN, Rl;j ,- C oner Chapter 13.12 GENERAL PROVISIONS Sections: 13.12.010 Short title. 13.12.020 Authority. 13.12.030 Purpose and Policy. 13.12.040 Definitions. 13.12.050 Construction. 13.12.010 Short Title. The ordinance codified in this Division III shall be known as the "solid waste management ordinance." (Ord. 85-037 § 1.01, 1985) 13.12.020 Authority. The ordinance codified in this Division III is adopted pursuant to Oregon Revised Statutes Chapters 190, 203 and 459, (Ord. 85-037 § 3.01, 1985) 13.12.030 Purpose and policy. To protect the health, safety and welfare of the people of the county, to provide an integrated solid waste management program, and to provide the opportunity to recycle, it is declared to be the policy of the county to regulate solid waste management by: A. Following the priorities on managing solid waste provided in Oregon Revised Statues Section 459.015(2), giving due consideration to economic and technical feasibility. B. Providing for the safe and sanitary accumulation, storage, collection, transportation and disposal of solid waste. C. Prohibiting accumulation of waste or solid waste on private property in such manner as to create a public nuisance, a hazard to health or a condition of unsightliness, and to provide for the abatement of such conditions where found. D. Providing the opportunity to recycle as part of the overall solid waste collection, transportation and disposal systems, taking advantage, where possible, of integrated area -wide service, promotion, education and marketing. E. Developing a regional long-range plan to provide adequate disposal and recycling sites and facilities to meet future demands. ©los 1930 F. Providing for an integrated county -wide solid waste management and recycling plan in cooperation with federal, state and local agencies responsible for the prevention, control or abatement of air, water and ground pollution and prevention of litter. G. Providing for public input in solid waste management and recycling through the solid waste advisory committee. H. Providing for an integrated solid waste management and recycling plan with cities within the county and with other counties or cities should regional plans be developed. I. Providing for cooperation and agreements between the county and other counties involving joint or regional franchising of solid waste collection, disposal and recycling. J. Providing minimum standards for location and operation of solid waste disposal and recycling sites to protect adjacent and nearby residents. K. Providing for and encouraging research, studies, surveys and demonstration projects on developing more sanitary, efficient and economical solid waste management systems. L. Encouraging utilization of the capabilities and expertise of private industry in accomplishing the purposes of this chapter. (Ord. 85-037 § 2.01, 1985) 13.12.040 Definitions. For the purpose of this division, and where appropriate in the context, words used in the present tense include the future, the singular number includes the plural, the word "shall" is mandatory and not directory, and the term "this division" shall be deemed to include all amendments hereafter made to Division III of Title 13 of this code. 1. "Administrator" means the Director of Public Works, Director of Transportation and Solid Waste or other person designated by resolution of the board to administer this division and the duly authorized deputy or assistant of such person. 2. "Board" means the board of county commissioners. 3. "Collection franchise" means a franchise to collect, transport, dispose of, deposit or store solid waste and recyclable materials. 1 - ORDINANCE NO. 91-004 EXHIBIT "A" (DRAFT - JUNE 14, 1991) 4. "Collection vehicle" means any vehicle used to collect or transport solid waste and recyclable material. 5. "Commercial hauler" means a collection franchisee whose principal business is the collection, transportation and disposal of solid waste and recyclable material. 6. "Committee" means the solid waste advisory committee. 7. "Compensation" means any type of consideration given for service, including, but not limited to, direct or indirect compensation by tenants, occupants, licensees or similar persons. 8. "Depot" means a permanent or temporary facility, container or box provided for persons to deposit totally source -separated materials for recycling or reuse. 9. "Disposal" means accumulation, storage, collection, transportation and disposal of solid waste. 10. "Disposal franchise" means a franchise to create or maintain a disposal site. 11. "Disposal site" means any land and facilities used for the disposal, handling or transfer of or resource recovery from solid waste, including, but not limited to, dumps, sludge lagoons and treatment facilities, landfills, sanitary landfills, composting plants, transfer stations and incinerators. "Disposal site" does not include a landfill site which is subject to the permit requirements of Oregon Revised Statues Sections 468.740 or 481.345, or a site which is not used by the public either directly or through a service and which is used by the owner or person in control thereof to dispose of wood scrap, sawdust, bark, soil, rock, building demolition material or nonputrescible industrial waste products resulting from the process of manufacturing. 12. "Franchise" means a license to provide service issued by the board for a fee pursuant to this division. 13. "Franchisee" means a person to whom the board has granted a franchise. 14. "Generator" (of solid waste) means a person who possesses and controls an item or material immediately prior to and at the time it becomes a waste or solid waste, or a person who last used an item or material and makes it ®las 1931 available for recycling or reuse. 15. "Hazardous waste" means any waste defined as hazardous waste in ORS 466.005(7). 16. "Incinerator" means a combustion device specifically designed for the reduction by burning of solid, semisolid or liquid waste. 17. "Infectious waste" means biological waste, cultures and stocks, pathological waste and sharps, including medical waste, as defined in ORS 459.386(2). 18. "Landfill" means a disposal site operated by means of compacting and covering solid waste at specific designated intervals, but not each operating day. 19. "Noncommercial hauler" means a collection franchisee whose principal business is other than the collection, transportation and disposal of solid waste and recyclable material. 20. "On -route collection" means pickup of source -separated recyclable material from the generator at the place of generation. 21. "Person" means and includes individuals, corporations, associations, firms, partnerships and joint stock companies. 22. "Putrescible material" means organic material that can decompose and may give rise to foul smelling, offensive products. 23. "Recyclable material" and "recyclable" means any material that can be collected and sold for recycling at a net cost equal to or less than the cost of collection and disposal of the same material[.], or those materials listed or approved as recyclable material by the Board of County Commissioners or the Oregon Department of Environmental Quality for Deschutes County, pursuant to ORS 459.170. 24. "Recycle" or "recycling" means the use of any process by which solid waste is transformed into new products in such a manner that the original material may lose its identity. 25. "Regulations" means regulations promulgated by the board pursuant to this division. 26. "Resource recovery" means the process of obtaining useful material or energy resources from solid waste, including recycling and reuse. 27. "Reuse" means return of material 2 - ORDINANCE NO. 91-004 EXHIBIT "A" (DRAFT - JUNE 14, 1991) into the economic stream for the use in the same kind of application as before without change in its identity. 28. "Rules" means rules promulgated by state agencies pursuant to Oregon Revised Statutes Chapter 459. 29. "Sanitary landfill" means a disposal site operated by means of compacting and covering solid waste at least once each operating day. 30. "Self -hauling" means transportation by a generator of such person's own waste, solid waste or recyclable material directly to a disposal or recycling site or depot. "Self -hauling" includes the transportation of solid waste or recyclable material which the generator produces as an incidental part of the generator's business, such as waste incidental to restaurants, janitorial service, gardening or landscaping, carpentry, remodeling, etc. Waste incidental to the generator's business does not include the accumulated or stored waste, of the generator's customers or clients. 31. "Service" means collection, transportation, transfer, disposal or recycling of solid waste or recyclable material for compensation. "Service" does not include self -hauling. 32. "Service area" means the geographical area or premises in which service, other than operation of a disposal site, is or has been provided. 33. "Solid waste" means all putrescible and nonputrescible waste, whether in solid or liquid form, except liquid -carried industrial waste or sewage or sewage sludge hauled as an incidental part of a septic tank or cesspool cleaning service, but including garbage, rubbish, ashes, paper, cardboard, sewage sludge, street refuse, industrial waste, infectious waste, swill, demolition and construction waste, abandoned vehicles or parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid waste, dead animal or other discarded solid material. 34. "Solid waste management" means prevention or reduction of solid waste accumulation, including management of storage, collection, transportation, treatment utilization, processing and final disposal or salvage, source -separation, recycling or reuse of 032 the resource recovery froom solid waste, and necessary facilities therefor. 35. "Transfer station" means a fixed or mobile facility normally used as an adjunct of a solid waste collection and disposal system or resource recovery system between a collection route and a disposal site. 36. "Waste" means useless, unwanted or discarded material. 37. "Wateeshed" [Watershed] means the geographical area within the county. (Ord. 91-004 § 1, 1991; Ord. 85-037 § 4.01 1985) 13.12.050 Construction. The titles of sections in this division are not a part of the contents or the provisions of this division, but are solely for purposes of reference. (Ord. 85-037 § 14.011, 1985) 3 - ORDINANCE NO. 91-004 EXHIBIT "A" (DRAFT - JUNE 14, 1991) Chapter 13.20 RECYCLING Sections: 13.20.010 Opportunity. 13.20.015 Recycling license and sublicenses. 13.20.017 Recycling losses. 13.20.018 Basis of reimbursement. 13.20.019 Annual review. 13.20.020 Public education and promotion. 13.20.030 Recycling report. 13.20.035 Marketing of recyclables 13.20.040 Prohibited activities. 13.20.010 Opportunity. All persons in the [watershed] wasteshed shall have the opportunity to recycle, pursuant to Oregon Revised Statues Chapter 246, as follows: A. Landfills and Transfer Stations. All landfills and transfer stations open to the public for the disposal of solid waste shall provide a place for the deposit of recyclable material, unless an alternative depot or site is approved by resolution of the board. B. Depots. In addition to recycling sites at landfills and transfer stations, the board may approve the location and use of temporary or permanent depots for the deposit of recyclable material. C. Recycling Collection. All persons providing service, including noncommercial haulers, shall provide all of the person's service customers and residential non -customers in the wasteshed within the urban growth boundaries of the cities of Bend and Redmond with on -route collection of recyclable materials on at least a monthly basis until June 30, 1991. After June 30, 1991, monthly, on -route collection of recyclable materials shall be only from the person's service customers. D. Mandated Recyclables. Recyclables to be collected on -route shall include the list of state mandated recyclables for the Bend and Redmond urban areas plus tin and plastic milk jugs. E. The county shall require that the 0106 1933 county franchise holders in the Bend and Redmond urban areas collect source -separated newspapers from customers on a weekly basis and other material at least on a monthly basis. Franchisees shall also collect source -separated recyclables from noncustomers on at least a monthly basis until June 30, 1991. (Ord. 91-004 § 2, 1991; Ord. 85-037 § 8.01, 1985) 13.20.015 Recycling licenses and sublicenses. Operation of any recycling depot at a landfill or transfer station may be licensed to any franchisee or entity solely owned by one or more franchisees. Any franchisee or entity licensed to operate a recycling depot may sublicense all or a part of the duties and responsibilities for the operation of the recycling depot to a non-profit corporation which purpose is solely to provide the recycling of waste. Any such sublicense shall not relieve the licensee from duties and responsibilities set forth in the license or the provisions of this chapter. Licenses and sublicenses shall have a term, the length of which is a continuing seven-year term as defined in Deschutes County Code Section 13.24.100, unless a longer or shorter term is required in the public interest. (Ord. 91-004 § 2, 1991). 13.20.017 Recycling losses. From revenues received by the county from recycling and tipping fees charged at the landfills and transfer stations, through June 30, 1993, but no later than July 1, 1994, the county shall reimburse franchisees, licensees and sublicensees for reasonable and necessary operating losses arising from providing the opportunity to recycle within unincorporated Deschutes County, Oregon, within the urban growth boundaries, and pursuant to a license for the operation of a recycling depot or franchise, in accordance with Deschutes County Code Section 13.20.018, subject to the amounts appropriated therefore. In the event that requests for reimbursement for operating losses exceed the amount budgeted therefore, then each request shall be paid on a pro -rata basis. (Ord. 91-004 § 2, 1991). 4 - ORDINANCE NO. 91-004 EXHIBIT "B" (DRAFT - JUNE 14, 1991) 13.20.018 Basis of reimbursement. Any request for reimbursement shall meet the following criteria: A. The county, out of recycling gate fees and tipping fees, shall reimburse the Bend and Redmond collection franchise holders for customer and non customer recycling collection losses within the Bend and Redmond unincorporated urban areas from January 1, 1989, through June 30, 1991; and for customer recycling collection losses within the Bend Redmond unincorporated urban areas from July 1, 1991, through June 30, 1993 but no later than July 1, 1994. B. The county, out of recycling gate fees and tipping fees, shall reimburse the Bend and Redmond collection franchise holders for customer and noncustomer recycling collection losses within the City limits of Bend and Redmond from January 1, 1989, through June 30, 1991; and for customer recycling collection losses within the Bend Redmond incorporated urban areas from July 1, 1991, through June 30, 1993, but not later than July 1, 1994. C. The county, out of recycling gate fees and tipping fees, shall reimburse the Knott landfill recycling sublicense for the net recycling operating losses for the period of January 1, 1989, through June 30, 1991. D. The county, out of recycling gate fees and tipping fees, shall reimburse county recycling license holders for operating losses through the period of January 1, 1989, through June 30, 1991. E. The county shall reimburse county recycling license holders and recycling license holder sublicensees at Knott landfill for operating losses out of recycling gate fees and tipping fees. F. For purposes of county loss reimbursement to a recycling license holder or subcontractor, the county hereby establishes a maximum amount of $20 per ton for purchase of newspaper generated within Deschutes County. G. All requests for reimbursement shall be forwarded to the solid waste administrator on at least a quarterly basis beginning April 1, 1990. Each request must be submitted within 30 days after the end of each quarter and shall include an income and expense statement 0106 1934 for the reporting period verified by the company's accountant or an officer of the company. (Ord. 91-004 § 2, 1991). 13.20.019 Annual Review. In conjunction with the division's annual review of fees and charges pursuant to Deschutes County Code Chapter 4.12 and the division's annual budget request, the administrator shall develop a report setting forth a comprehensive recycling program review, analyzing the losses, if any, reimbursed and recommending future changes. (Ord. 91-004 § 2, 1991). 13.20.020 Public education and promotion. The county, in cooperation with the cities in the [watershed] wasteshed and franchisees, shall provide a program of education and promotion to encourage recycling within the [watershed] wasteshed. Notice of the opportunity for recycling shall be provided by disposal and collection franchises to persons utilizing the franchisees, services. (Ord. 90-031 § 1, 1990; Ord. 85-037 § 8.02, 1985). 13.20.030 Recycling report. The county, in cooperation with the cities in the wasteshed and franchisees, shall develop and submit a recycling report to the State Department of Environmental Quality. The report will describe how the opportunity to recycle is being provided to persons within the wasteshed. (Ord. 85-037 § 8.03, 1985) 13.20.035 Marketing of recyclables. Any franchisee, recycling license holder or recycling license holder's sublicensees accepting reimbursement for operating losses for recycling activities, shall be governed by the provisions of this section, and recyclables collected shall be marketed as follows and under the following conditions: A. Except for tires and appliances, recyclables deposited by self -haulers at Alfalfa transfer station, Northwest transfer station, Southwest transfer station, Negus landfill and Knott landfill shall be processed and marketed by the Knott landfill recycling license 5 - ORDINANCE NO. 91-004 EXHIBIT "B" (DRAFT - JUNE 14, 1991) holder and the recycling license holder's sublicensee. The Knott landfill recycle license holder shall market cardboard. The Knott landfill recycle license holder's sublicensee shall market all other materials. B. Recyclables delivered to the Knott landfill recycle license holder or sublicensee by a collection franchisee shall be purchased at the fair market price. Such payment shall be shown as income to the franchise holder in the collection franchisee's reimbursement request. Recyclables from county recycling depots shall be delivered to the Knott landfill recycle license holder or sublicensee. C. On -route franchise -collected recyclables within the Redmond urban growth boundary shall be transported to the Negus recycling depot or Knott recycling depot for marketing by the recycling license holder who shall pay the collection franchisee the fair market price for the recyclables. Such payments shall be shown as income to the franchise holder in the collection franchisee's reimbursement request. D. When a fair market value for recyclables cannot be negotiated between a recycle license holder or sublicensee and a franchise collector or nonprofit exempt organization, the Solid Waste Administrator, upon receipt of a written request by either party, shall recommend a fair market price for material to the Board. The Board shall then establish a fair market price. (Ord. 91-004 § 2, 1991) 13.20.040 Prohibited activities. No person shall: A. Without permission of the owner or generator of recyclable material, take recyclable material set out to be collected by a collection franchisee or other person providing service; B. Remove recyclable material from a container, box, collection vehicle, depot or other receptacle for recyclable material without permission of the owner or person in control of the receptacle; C. Mix source -separated recyclable material with solid waste in any vehicle, box, container or receptacle used in solid waste collection or disposal; D. Place solid waste in any vehicle, 0106 1935 box, container, depot or receptacle used for recyclable material. E. Dispose a recyclable in a landfill or transfer station after the recyclable has been collected for recycling. (Ord. 91-004 § 2, 1991; Ord. 85-037 § 8.04, 1985) 6 - ORDINANCE NO. 91-004 EXHIBIT "B" (DRAFT - JUNE 14, 1991)