3.10.220 Public responsibility.
Both the franchisee and the public shall comply with ORS Chapters 459 and 459A and regulations promulgated pursuant thereto, including those regulations issued by the Department of Environmental Quality and the Workers’ Compensation Board. The following requirements shall pertain to service under this chapter:
(1) Each person in the City shall dispose of their putrescible solid waste and wastes in an approved manner at least every seven days or at more frequent intervals where necessary to prevent the creation of health hazards, rodent harborage or sustenance, vector production or sustenance, or public nuisance.
(2) If a customer uses a roller cart designed for mechanical collection, the customer shall use only receptacles furnished by the franchisee and the loaded weight of the receptacles shall comply with the manufacturer’s specifications.
(3) All carts designed for mechanical solid waste collection and all carts and containers designed for mechanical recyclable materials collection shall be placed at the curb or roadside by the customer prior to the time of collection.
(4) If a customer uses a garbage can designed for manual collection, no garbage can shall exceed 32 gallons in size and shall not weigh more than 60 pounds gross loaded weight. Only round garbage cans shall be used, and cans shall be tapered so that they are larger at the top, and cans shall have handles at the top and a place for a handhold at the bottom.
(5) Sunken refuse cans or containers shall not be installed or used.
(6) To protect against injury to employees of the franchisee, and to protect against rodent and fire dangers, cans shall be rigid and of material that will not split or crack in cold weather.
(7) Customers shall provide safe access to the pickup point so as not to jeopardize the persons or equipment supplying service or the motoring public.
(8) Stationary compactors for handling solid waste or recyclable materials shall comply with applicable Federal and State safety regulations. No stationary compactor or other container or drop box shall be loaded so as to exceed the safe loading design limit or operation limit for collection vehicles used by franchisee. A person who wishes service for a compactor that such person is going to acquire, shall acquire a compactor approved by the franchisee that is compatible with the equipment of the franchisee or the equipment the franchisee is willing to acquire.
(9) Customers shall take appropriate action to ensure that hazardous materials, chemicals, paint, corrosive materials, infectious waste or hot ashes are not put into a cart, container or drop box. When materials or customer abuse, fire, or vandalism causes excessive wear or damage to a cart, container or drop box, the cost of repair or replacement may be charged to the customer.
(10) Any person who receives service shall be responsible for the payment for that service. The landlord of any premises impliedly consents to the provision of service to the tenant thereof, and shall be responsible for payment for the service if the tenant does not pay.
(11) The following additional billing policies shall apply:
(a) There shall be a pro-rated credit allowed on the regular monthly charge for service which is cancelled for three weeks or more, but none shall be allowed for service which is cancelled for less than three weeks.
(b) The franchisee may deny solid waste collection service to nonowner occupants of property unless payment therefor has been guaranteed in advance by the property owner, or unless a satisfactory cash deposit or advance payment has been made by said nonowner occupant.
(c) The franchisee may charge a late fee or a service-interrupt fee in accordance with the Resolution setting forth rates to be charged to customers by franchisee, as approved by the City from time to time. (Ord. 98 § 22, passed 8-9-2005)