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1995-21314-Ordinance No. 95-047 Recorded 6/20/1995RE (EWED 9c`21314 &�& e�� LEG)(L COUNS BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Amending Section 13.24.060 of the Deschutes County Code; Repealing Chapter 13.20, Recycling, of the Deschutes County Code and Replacing it With a New Chapter 13.20, and Declaring an Emergency. ORDINANCE NO. 95-047 .95 #I 129 AM $: 29 IV 014'7-00'2 WHEREAS, under the License Transfer Proposal executed by Bend Garbage Company, Inc., and Conservation for Central Oregon, Inc., the parties requested that Deschutes County amend Section 13.24.060 of the Deschutes County Code to permit the franchised collectors to market on - route collected recyclables according to the terms of private marketing agreements to be executed among the various parties, free from flow control; and WHEREAS, changes in the County recycling program associated with the transfer of the recycling license and consolidation of recycling responsibilities require that Chapter 13.20 of the Deschutes County Code be updated to reflect system changes; and WHEREAS, the Board of County Commissioners has determined that transfer of the recycling license, consolidation of recycling responsibilities, and marketing of recyclables pursuant to the terms of private marketing agreements are in the public interest; now, therefore THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. That Section 13.24.060, Collection Requirements, of the Deschutes County Code is hereby amended to read as described in Exhibit "A" attached hereto and by this referenced incorporated herein, with new language in bold type and deletions noted in brackets. Section 2. That Chapter 13.20, Recycling, of the Deschutes County Code is hereby repealed in its entirety. Section 3. That a new Chapter 13.20, Recycling, as set forth in Exhibit "B," attached hereto and by this reference incorporated herein, is hereby adopted as part of the Deschutes County Code. Section 4. Codification. County Legal Counsel shall have the authority to format the provisions contained herein in a manner that will integrate them into the County Code consistent with the Deschutes County Form and Style Manual for Board Documents. Such codification shall include the authority to make such changes, to make changes in numbering systems and to make such numbering changes consistent with interrelated code sections. In addition, as part of codification of these ordinances, County Legal Counsel may insert appropriate PAGE 1 - ORDINANCE NO. 95-047 (6/14/95)'HED Fv "Norr MED j u7t i 1995 'T11__ JUN 2 `i 1995 legislative history reference. Any legislative history references included herein are not adopted as part of the substance of this ordinance, but are included for administrative convenience and as a reference. They may be changed to correct errors and to conform to proper style without action of the Board of County Commissioners. Section 5. Repeal of Ordinances as Affecting Existing Liabilities. The repeal, express or implied, of any ordinance, ordinance provision, code section, or any map or any line on a map incorporated therein by reference, by this amending ordinance shall not release or extinguish any duty, condition, penalty, forfeiture, or liability previously incurred or that may hereafter be incurred under such ordinance, unless a provision of this amending ordinance shall so expressly provide, and such ordinance repealed shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such duty, condition, penalty, forfeiture, or liability, and for the purpose of authorizing the prosecution, conviction and punishment of the person or persons who previously violated the repealed ordinance. Section 6. Emergency. 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 14th day of June, 1995. ATTEST: Recording Secre ary BOARD OF COUNTY COMMISSIONERS OF D SCHUTES C LINTY, OREGON �Wla4lql��-11 BARRY H SLAUGHTE , Chairman NANC OPE SCHLANGEN, Commissioner e' �4 ROB RT L. NIPPER, issioner PAGE 2 - ORDINANCE NO. 95-047 (6/14/95) Chapter 13.24 FRANCHISING OF SOLID WASTE COLLECTION, DISPOSAL AND RECYCLING 13.24.060 Collection requirements. An applicant for a collection franchise or franchise renewal shall demonstrate to the satisfaction of the board that the applicant: A. Will use disposal sites and recycling depots authorized by the board. However, while marketing agreements executed between Conservation for Central Oregon, Inc., and the franchised haulers are in effect, source -separated recyclables collected on -route may also be delivered to other persons or entities pursuant to the terms of those agreements. B. Will provide the opportunity to recycle as required by section 13.20.010 of this division and the terms of the franchise. C. Is either: 1. Currently providing collection service in the service area for which the applicant applies on the effective date of the ordinance codified in this division, whether or not pursuant to a franchise or for direct compensation, and has a majority of service customers in such service area, which shall be evidenced by a list of customers served and a map of the service area; or 2. Applying for a service area that: a. Has not been franchised to another person, b. Has been franchised to another person but is not being served by the franchisee after notice and a reasonable opportunity to do so, or C. Is not being adequately served by a franchisee and has a substantial demand from service customers for a change in service to the area. D. If applying for a collection franchise for all of a service area franchised to another person pursuant to subsection C of Page 1 — EXHIBIT "A" 014'7-00 this section, will have available on the rst day of such proposed service collection vehicles, containers or other equipment equal to that presently used by the current franchisee in providing such service and that service would be equal to or better than existing service. (Ord. 95-047 § 1, 1995; Ord. 85-037 § 9.04, 1985) Chapter 13.20 RECYCLING Sections: 13.20.010 Opportunity. 13.20.020 Operation of RecyclingDepots. 13.20.030 Compensation for Recycling Service. 13.20.040 Marketing of Recyclables 13.20.050 Exempt Recyclables. 13.20.060 Annual Budget Review. 13.20.070 Annual Recycling Report. 13.20.080 Prohibited Activities. 13.20.010 Opportunity. The County shall insure that all persons within the wasteshed are given the opportunity to recycle, pursuant to Oregon Revised Statutes Chapter 459A and Oregon Administrative Rules Chapter 340, Division 90, as follows: A. Place for Collection of Recyclables. The County shall provide a facility or depot at the County landfill or other convenient location for persons within the wasteshed to deposit source -separated recyclable materials. B. Deposit of Recyclables at Disposal Sites. Additionally, all disposal sites which are open to the public for disposal, handling or transfer of municipal solid waste shall include a place for the deposit of recyclable material, unless alternative depots or sites are approved by resolution of the Board. C. Mandatory Collection of Recyclables. All persons providing service, including noncommercial haulers, shall provide all of the person's service customers in the portion of the wasteshed between Bend city limit and the urban growth boundary with on -route collection of source -separated recyclables at least once each week on the same day that solid waste is collected from each customer. Persons providing service in the Page 1 — EXHIBIT "B" 014'7-0025 portion of the wasteshed between Redmond city limit and the urban growth boundary shall provide service customers with on -route collection of source -separated recyclables at least once a month on a day that solid waste is collected from each customer. Once the city of Redmond's population exceeds 10,000, persons providing service in this portion of the wasteshed shall provide service customers with such on -route collection service at least once a week on a day that solid waste is collected from each customer. Recyclables collected on -route shall be delivered to the Knott recycling facility. While marketing agreements executed between Conservation for Central Oregon, Inc., and the franchised haulers are in effect, on -route recyclables may also be delivered to other persons or entities pursuant to the terms of those agreements. Recyclables collected from County recycling depots by Deschutes Transfer Company, Inc. shall be delivered to the Knott recycling facility. D. On -Route Recyclable Materials. Recyclables collected on -route on either a mandatory or optional basis shall include those materials identified as principal recyclable materials for Deschutes County wasteshed under OAR 340-90-070(1) and (7). Additionally, recyclables collected on -route shall include tin cans and plastic bottles. New recyclables may be mandated for on -route collection pursuant to Board approval based on recommendation from the Waste Reduction Advisory Committee (WRAC) and the Solid Waste Advisory Committee (SWAC). E. Durable Recycling Container. All persons providing on -route collection of source -separated recyclables shall provide each residential service customer with at least one durable recycling container in the form of a rigid box or bucket with a volume of at least 12 gallons made of material that holds up under all weather conditions for at least five years and is easily handled by the customer. F. Recycling Education and Promotion. The County, in cooperation with the cities in the wasteshed, shall be responsible for implementing a recycling education and promotion program meeting the requirements of OAR 340-90-030(3) and 340-90-040(3)(c). Responsibility for implementing various program elements may be delegated by franchise or other contractual agreement to any person capable of providing this service. Persons providing franchised collection service shall implement program elements described in OAR 340-90-030(3)(b) and OAR 340-90- 040(3)(c)(A), (B) and (C). G. Commercial Generators. All persons providing service, including noncommercial haulers, shall provide commercial solid waste generators employing 10 or more persons and occupying 1,000 square feet or more in a single location within the portion of the wasteshed between Bend city limit and the urban growth boundary with regular on-site collection of source -separated principal recyclables. Once the city of Redmond's population exceeds 10,000, all persons providing service in the portion of the wasteshed between Redmond city limit and the urban growth boundary shall provide this service for commercial generators in this portion of the wasteshed. 13.20.020 Operation ofRecyclingDepots. Operation of the Knott recycling facility or any other County recycling depot may be partially or entirely licensed, franchised or otherwise provided by contractual arrangement with any person, and for any length of time, pursuant to Board approval. 13.20.030 Compensation for Recycling Service. All persons providing mandatory on - route collection of source -separated recyclables shall be compensated for providing the opportunity to recycle through collection Page 2 - EXHIBIT "B" 014'x-0026 service rates which adequately reflect the costs of providing such service. Such rates shall be established and adjusted according to the procedures in Chapter 13.28 of the Deschutes County Code, taking into account all income derived from the sale of recyclables. 13.20.040 Marketing of Recyclables. While marketing agreements between Conservation for Central Oregon, Inc., and the franchised haulers are in effect, on -route recyclables shall be purchased and marketed by the recycling licensee pursuant to the terms of those agreements. In the absence of marketing agreements, on -route recyclables delivered to the Knott recycling facility by franchised haulers shall continue to be purchased by the recycling licensee for the fair market price. Where marketing costs of any such recyclable exceed market value, the franchised haulers shall pay the recycling licensee fair market value for accepting and marketing the material. Recyclables collected from recycling depots at County transfer stations shall be purchased by the recycling licensee for the fair market price. Revenues derived from such recyclables shall be paid directly to the County to offset the costs of recycling at transfer stations. Where marketing costs of any such recyclable exceed market value, the County shall pay the recycling licensee fair market value for accepting and marketing the material. The recycling licensee shall receive and market all recyclable materials delivered to the Knott recycling facility by self -haulers. Revenues derived from such materials shall be utilized by the recycling licensee to support its operation of the facility and to enhance the opportunity to recycle within the wasteshed. 13.20.050 Exempt Recyclables. Nothing in this Chapter shall apply to recyclable material which is: A. Source separated by the generator; and B. Purchased from or exchanged by the generator for fair market value for recycling or reuse. 13.20.060 Annual Budget Review. In conjunction with the Solid Waste Department's annual review of fees and charges pursuant to Deschutes County Code chapter 4.12, and the Department's annual budget request, the Administrator shall develop a report setting forth projected costs associated with providing the opportunity to recycle pursuant to this Chapter, revenues derived from the sale of recyclables collected at County transfer stations and system changes recommended to make the opportunity to recycle more effective. 13.20.070 Annual Recycling Report. No later than February 28 of each calendar year, on a form provided by the State Department of Environmental Quality, the County, in cooperation with the cities and persons providing service in the wasteshed, shall develop and submit a recycling report to the Department meeting the requirements of OAR 340-90-100. The report will help establish appropriate wasteshed recovery rates, show the County's status with respect to such rates, describe how the opportunity to recycle is being provided to persons within the wasteshed and help to maintain accurate and comprehensive information on the type and amounts of solid waste generated, disposed and recovered in the wasteshed. 13.20.080 Prohibited activities. No person shall: A. Without the permission of the owner or generator of recyclable material, take recyclable material set out to be collected by a person authorized by the County to provide collection service for that recyclable material; B. Remove any 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; Page 3 - EXHIBIT "B" 0147-0027 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, box, container, depot or receptacle used for recyclable material; E. Dispose of a recyclable in a landfill or transfer station after the recyclable has been collected for recycling.