2001-574-Ordinance No. 2001-30 Recorded 7/13/2001DESCHUTES COUNTY OFFICIAL RECORDS
MARY SUE PENHOLLOW, COUNTY CLERK U 2001-514
COMMISSIONERS' JOURNAL
08/13/2441 03:05:09 PM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
Or
DESCHUTES COUNTY, OREGON
r �
An ordinance amending Deschutes County
Code provisions 13.36.040 and 13.28.020,
amending the definition of solid waste
covered and secured loads and
establishing a rebate for covered and
secured loads arriving at solid waste
disposal sites.
*
* LEGAL COUNSEL
Ordinance No. 2001-30
WHEREAS, people often transport uncovered and unsecured solid waste
loads in violation of Deschutes County Code (DCC) 13.36.040 to the Deschutes
County solid waste disposal sites and these uncovered loads result in large
amounts of litter falling from the vehicles at the sites but before proper disposal;
and,
WHEREAS, this litter is a nuisance to adjacent properties and a health
hazard for the County; and,
WHEREAS, the for cleanup of the litter is costly to the County and not
recovered with the current fees; and,
WHEREAS, the cost of the cleanup of solid waste litter throughout the
County should be borne by those not covering and securing their solid waste
loads; and,
WHEREAS, charging the full cost attributed to litter from uncovered and
unsecured loads will help to discourage such loads being brought to the disposal
sites and will serve as an educational tool; and,
WHEREAS, amending the definition of covered and secured loads will
prevent ambiguities in determining which loads warrant the disposal surcharge or
citation; and,
WHEREAS, covered and secured loads do not contribute to the littering of
public property with solid waste and should not be charged the costs of litter
control; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY ORDAINS as follows:
Section 1. AMENDMENT. Section 13.28.020, Solid Waste Rate
Standards, of the Deschutes County Code is amended to read as set forth in
Exhibit "A" attached and by referenced incorporated herein, with new language
underlined and deleted language shown instri�hrzoug-h.
Section 2. AMENDMENT. Section 13.36.040, Transportation of Solid
Waste, of the Deschutes County Code is amended to read as set forth in Exhibit
"B" attached and by referenced incorporated herein, with new language
underlined and deleted language shown in 6trikethFe unh
aYZ,
DATED this day of July 2001.
ATTEST:
�/lam
ecording Secretary
EWED
LEGAL COUNSEL
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY,
Exhibit A
Chapter 13.28. RATES AND CHARGES
hauler collection franchisee serving the
surrounding or adjacent service area.
13.28.010.
Existing rates.
C. Establish rates for disposal sites that are
13.28.020.
Rate standards.
uniform throughout the County, or different
13.28.025.
Rates -Costs of recycling.
rates for each site or class of sites.
13.28.030.
Rate adjustments -Initiation.
13.28.040.
Rate adjustments -Review
D. Adjust rates pursuant to DCC 13.28.030
requirements.
through 13.28.060.
13.28.050.
Rate adjustments -Public
R F,stablish an interim rate when necessary until
hearing -Determinations.
the Board makes a final determination on the
13.28.060.
Rate adjustments -Public
rate for that type of service.
hearing -Considerations.
13.28.070.
Customer billing.
F 1?s ahlish of e for litter control for all leads
13.28.080.
Responsibility of payment.
arriving at Deschutes County disposal sites_
13.28.090.
Rate preferences prohibited.
Any person arriving at a Deschutes County
13.28.100.
Landfill user fees -Credit
nosa] site with a solid waste load for
accounts -Delinquent payments.
deTosit that complies with DCC: 1336.040
13.28.010. Existing rates.
Rates adopted by the Board prior to the effective
date of the ordinance codified in DCC 13 shall
remain in effect until changed pursuant to DCC
13.
(Ord. 2001-016 § 2, 2001; Ord. 85-037 § 10.01,
1985)
13.28.020. Rate standards.
The Board shall:
A. Approve and establish reasonable and
adequate rates for collection and disposal
franchises.
B. Establish collection rates which are uniform
either throughout the County or within zones,
based upon the length of haul to disposal sites
or depots, concentration of customers, and
other factors which may, in the opinion of the
Board, justify establishment of rate
differentials. The Board may establish rates
which are lower for customers who
source -separate recyclable material than the
rates for customers who do not source -
separate. Collection rates for noncommercial
hauler collection franchisees shall be the
same as the rate charged by the commercial
co,itrol. I
(Ord. 2001-01.6 § 2, 2001; Ord. 85-037 § 10.02,
1985? Ord_ 2001-30 S 1)
13.28.025. Rates -Costs of recycling.
After July 1, 1993, the rates established under
DCC 13.28 shall be just and reasonable, and
adequate to provide necessary collection service.
The rates established by the County shall allow a
person holding a franchise to recover any
additional costs of providing the opportunity to
recycle within the urban growth boundary area
outside of any incorporated city within the
franchise area. The rates shall also allow the
recovery of the costs of education, promotion and
notice of the opportunity to recycle provided by
the franchisee.
(Ord. 2001-016 § 2,2001; Ord. 91-006 § 1, 1991)
13.28.030. Rate adjustments -Initiation.
A. When a franchisee proposed to adjust one or
more rates, the franchisee shall make an
application for rate adjustment on forms
provided by the Administrator. The
application shall include all supporting
information justifying the proposed rate
Chapter 13.28 1 (03/2001)
Exhibit B
Chapter 13.36. NUISANCES AND
ABATEMENT
13.36.010. Creation of nuisance.
13.36.012. Definition -Nuisance.
13.36.020. Disposal site -Board
approval -Nuisances.
13.36.030. Unauthorized disposal prohibited.
13.36.040. Transportation of solid waste.
13.36.045. Transportation of dirt, aggregate,
demolition materials, solid waste
and waste on County property.
13.36.050. Abatement of nuisances.
13.36.010. Creation of nuisance.
Except as otherwise authorized under DCC 13.36,
no person shall create or maintain a nuisance on
private property. Such nuisances are declared to
be public nuisances which may be abated as
provided under DCC 15.04.070 or by instituting
court proceedings.
(Ord. 2001-016 § 2, 2001; Ord. 95-002, § 1,
1995; Ord. 85-037 § 12.01(1), 1985)
13.36.012. Definition -Nuisance.
A. "Nuisance" includes:
1. All open holes, wells, cisterns, cesspools,
or unsanitary septic tanks, foundations or
nonoperating refrigerators, freezers, or
iceboxes with attached doors;
2. Solid waste; as defined under DCC
13.12.205;
3. Those definitions of nuisance pursuant to
DCC 12.35.100, 15.04.170, and
18.144.040; or
4. Land that as a result of grading
operations, excavation or fill causes
erosion, subsidence or surface water
drainage problems of such magnitude as
to be injurious or potentially injurious to
adjacent properties or to the public
health, safety and welfare.
B. Generally accepted, reasonable and prudent
farming and forest practices as described in
ORS 30.930 to 30.937 and DCC 9.12 do not
constitute nuisances under DCC 13.36.012.
(Ord. 2001-016 § 2, 2001; Ord. 95-024 § 13,
1995; Ord. 95-002 § 4, 1995)
13.36.020. Disposal site -Board approval -
Nuisances.
Except as provided in DCC 13.16.020 and in the
definition of "disposal site" in DCC 13.12.040, no
person shall use or permit to be used any land
within the County as a public or private disposal
site without approval of the Board. The disposal
of waste or solid waste in or upon such land is
declared to be a public nuisance which may be
abated as provided in DCC 13.36.050.
(Ord. 2001-016 § 2, 2001; Ord. 85-037 §
12.01(2), 1985)
13.36.030. Unauthorized disposal prohibited.
No person shall dispose of solid waste on or in
any property or premises subject to DCC 13 of
which such person is not the owner, occupant or
person entitled to possession, or which is not a
disposal site approved by the Board.
(Ord. 2001-016 § 2, 2001; Ord. 85-037 § 12.04,
1985)
13.36.040. Transportation of solid waste.
A_—No person shall transport waste or solid
waste in or on a motor vehicle or trailer upon
a public road unless such waste or solid
waste is: covered ands rnr d
•. T1. LIMMW4
Chapter 13.36 ] (03/2001)
Exhibit B
Loads3. of r which are covered,
with a clothor plastic tarp, ... tied into
hauling;the hailling vehicle, such that no refuse
can reasonabN be expected to escape
dtiriag
similar4- Loads of hrush, biiildincr niaterials and
materials w1iich are tied
. • the hauling vehicleor
•... • within the walls. of or
container, such that none can reasonably
similarbe expected to escape during hauling7 o
5. Loads consisting entirely of rock,
concrete, asphalt PUiD_g, sttimps and
materials ... are completely
contained .. the walls of . or
container, sucb that nQDC can reasonable
be expectcd to escape durin�y hauling,
• .. 2001-016 11 • . 112.05,
•: • • 11 i
13.36.045. Transportation of dirt, aggregate,
demolition materials, solid waste
and waste on County property.
No person shall transport dirt, aggregate, solid
waste or waste in or upon a motor vehicle or
trailer upon property owned by Deschutes County
unless such dirt, aggregate, solid waste or waste
is:
A. Covered on the sides, top and bottom with a
cover secured to the vehicle or trailer; or
B. Is contained within a vehicle or trailer in such
a way that the dirt, aggregate, solid waste or
waste will not shift, leak or otherwise escape
therefrom.
(Ord. 2001-016 § 2, 2001; Ord. 90-008 § 1, 1990)
13.36.050. Abatement of nuisances.
A. Except as otherwise authorized under
Deschutes County Code, the condition of a
building or land which has been determined
to constitute a nuisance is in violation of this
code, and may be abated by repair,
rehabilitation, demolition or removal in
accordance with the procedures provided
under DCC 15.04.070 (Abatement of
Dangerous Buildings).
B. Nothing in DCC 13.36 shall be deemed to
limit or otherwise modify the ability of the
Board and/or any person who has suffered
special damage from the nuisance, to abate
nuisances through alternative remedies as
provided for under the law.
(Ord. 2001-016 § 2, 2001; Ord. 95-002 § 2, 1995;
Ord. 88-002 § 1, 1988; Ord. 85-037 § 12.02,
1985)
Chapter 13.36 2 (03/2001)