3.10.020 Purpose, policy and scope.
(1) In order to protect the health, safety, welfare and environment and to conserve energy and natural resources within the City; in order to provide for the opportunity to recycle, and to otherwise provide for solid waste management, it is declared to be the public policy of the City to regulate solid waste management to:
(a) Carry out policies in ORS Chapters 459 and 459A and to provide for the opportunity to recycle, taking advantage of a coordinated areawide recycling collection service and promotion, education and marketing program;
(b) Ensure safe, economical and comprehensive solid waste management service, including the efficient accumulation, storage, collection, transportation and disposal or resource recovery of solid wastes;
(c) Ensure rates that are just, fair, reasonable and adequate to provide necessary service to users;
(d) Prohibit rate preference and other discriminatory practices which benefit one or a few users at an expense to other users of the service or the public.
(2) Pursuant to ORS 459A.085, this chapter is adopted and the collection service franchise granted under this chapter is continued, extended and renewed. This action carries out the requirements of ORS 459A; the purposes of ORS 459.015 and the State Solid Waste Management Plan. This chapter is also adopted under municipal authority of the City.
(3) To achieve the purposes of this section, the City Council finds that it is necessary to have an exclusive collection service franchise for the City. On the basis of adequate public service, a voluntary level of recycling service in excess of City and State requirements; and meeting all requirements of this chapter, the existing collector, Albany-Lebanon Sanitation Company, a division of Allied Waste in North America, is recognized and franchised.
(4) No person shall accumulate, store, collect, transport, dispose of, or resource recover solid wastes or provide service, except in compliance with this chapter and with ORS Chapters 459 and 459A dealing with solid waste and with regulations of the Environmental Quality Commission promulgated thereunder.
(5) Except as otherwise provided in MMC 3.10.040, no person other than the franchisee shall provide service or offer to provide or advertise for the performance of service. (Ord. 98 § 2, passed 8-9-2005)