HomeMy WebLinkAbout2014-23 Solid Waste Administrative Standards & Rules
RESOLUTION NO.2014-J-
A RESOLUTION ADOPTING SOLID WASTE ADMINISTRATIVE
OPERATIONS STANDARDS AND RULES
RECITALS:
A. The City approved a solid waste franchise agreement with Recology Ashland Sanitary on
October 4, 2013.
B. On October 4, 2013, the City adopted Administrative Operations Standards and Rules to
further govern the solid waste franchise agreement under Resolution 2013-32.
C. On October 4, 2013, the City adopted new solid waste and recycling service rate and fees
under Resolution 2013-32.
D. For further administrative efficiency, the City desires to separate the adoption of solid waste
service rates and fees from the Solid Waste Administrative Operations and Rules document
originally adopted together in Resolution 2013-32.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Effective January 5, 2015, the Administrative Operations Standards and Rules
shown in "Attachment A" are approved and effective per the City of Ashland Solid Waste and
Recycling Collection Franchise.
This resol tion was duly PASSED and ADOPTED this day of
2014, a takes effect upon signing by the Mayor.
r
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of 2014.
Mn Stromberg, Mayor
Reviewed as to form:
za~
D vid H. Lohman, City Attorney
Resolution No. 2014- Page 1 of 1
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Attachment A -ASH LAN D
City of Ashland
Solid Waste Franchise
Administrative Operations Standards and Rules
A. ADOPTION AND REVISION OF STANDARDS AND RULES
The following standards and rules are hereby established by resolution of the City
Council to set and maintain service levels for the efficient operation of a solid
waste management service and collection franchise within the City of Ashland.
Revisions to these standards and rules shall be approved by resolution of the
Council.
B. ENFORCEMENT OF STANDARDS AND RULES
Upon discovery of violation or lack of adherence to these Standards and Rules,
the City Administrator or designee shall inform Franchisee in writing of the
nature of the violation and provide reasonable time for response from Franchisee.
Should both parties fail to mutually resolve the matter, the City Administrator
may pursue enforcement of identified violation as a general penalty of section 8.2
of Ordinance No 2013--60?0
C. SERVICE RATES AND FEES
1. Subject to the provisions of Section 5.10 of Ordinance No. 2013-, rates in
place upon the effective date of Ordinance No. 2013-3-06as shown in exhibit A,
shall remain in effect until April 1, 2014. On April 1, 2014, and on April 1 of
each year thereafter, rates for all services shall increase by a percentage equal to
the most recent Consumer Price Index - All Urban Consumers - All Items -
Portland - Salem (CPI-U), January-to-January, as determined by the U.S. Bureau
of Labor Statistics, except that in no case shall rates automatically increase by
more than 5%. Should CP1-U increase by more than 5%, the Franchisee and City
shall confer in good faith to determine whether the Franchisee is entitled to
receive an increase larger than 5%. Should CPI-U be 0% or less than 0%, the
Franchisee shall not be entitled to any rate increase. For purposes of calculating
rate increases, CPI-U percentages shall be computed to the first decimal place.
2. Subject to the provisions of Section 5.10 of Ordinance No. 2013 5m,
Franchisee may request an adjustment of rates in excess of CPI-U. Such request
shalt be delivered to the City Administrator no earlier than February 15 and no
later than May 15 of any calendar year. In determining whether to grant such rate
adjustment, the Council may consider, but is not limited to, the following factors:
a. Rates charged for collection service in other cities in Oregon;
b. The most recent January-to-January (CPI-U);
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c. Costs and revenues associated with providing the opportunity to recycle and
the ability ofa rate structure to encourage recycling;
d. A minimum rate sufficient to provide a reasonable rate of return, ;
e. The anticipated change in the cost of providing the service;
f. The need for equipment replacement and the need for additional equipment
to meet service needs and to be in compliance with federal, state and local
law;
g. Increase in population or increase of intensive development within the
service area.
3. Rates charged shall be those set as provided herein. Nonscheduled services may
be provided at the reasonable cost of providing the service.
4. Franchisee shall bill and collect on a current billing basis. When Franchisee'
has experienced collection problems on a particular account, other billing
methods may be required. Such billing procedures will be subject to approval by
the City and will be reasonable business practice.
5. Franchisee may charge a starting charge to any customer who has been
previously terminated for failure to pay for service.
6. Rates shall be uniform or uniform within zones or classes of service.
7. Nothing in the above section shall prohibit City from requiring qualified senior
citizen discount rates.
8. Franchisee may require the owner of rental or leased premises to accept
responsibility for the payment for service to such facilities as a condition for
providing such service.
D. MANDATORY SERVICES
Franchisees shall offer the following solid waste management and collection
services, subject to the limitation under "Refusal of Service." A Franchisee that
does not comply has 10 days from a date of infraction to accommodate the
customer request with an equivalent level of service at or below the published
rates for the requested service.
1. Residential Curbside Collection
Solid Waste, monthly subscription
Solid Waste, customer controlled pick-up
Yard Debris
Co-mingled Recycling
Glass Recycling
2. Commercial Collection
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Solid Waste
Co-mingled Recycling
Pre-consumer compostable materials
Yard Debris
Medical Waste
3. Solid Waste, Recycling and Yard Debris Drop-off Site
4. Debris Drop Box Service
5. Commercial Waste Evaluation/Education
E. OPTIONAL SERVICES
Franchisee is permitted to offer other additional services to the public that
promote and increase waste prevention, recycling and/or reduce operating
expenses and contribute to the financial success of the franchise. The additional
services and their associated rates and fees must be reviewed and approved by the
City Council if the associated service expenses meet the definition of allowable
expenses in Ordinance No 2013-
F. GENERAL COLLECTION RESPONSIBILITIES
1. Solid Waste Subscription
Franchisee shall offer a solid waste collection service for each customer class with
a minimum frequency of one collection per week. Residential subscribers to
curbside recycling and green debris services will be serviced a minimum of once
every-other-week.
2. Automated Collection System
Franchisee is not mandated to implement an automated collection system for any
collection service offered; however, should Franchisee determine that an
automated system, either in specific areas or by customer classification, increase
the efficiency and cost effectiveness of the collection services program,
Franchisee may submit proposals to the City Administrator or designee for review
and potential inclusion as an allowed expense.
3. Collection Schedules
a. Collection Days
Residential service shall occur Monday through Friday, except during holiday
weeks, and times of hazardous weather conditions. All collection services shall
be offered on the same day(s) of the week for a given customer. Franchisee shall
not provide service in residential or multifamily areas prior to 7:00 am or after
6:00 pm.
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Except as otherwise limited by the terms of any City land use or development
permit, there shall be no limit on the hours of collection activity for any solid
waste, recycling and yard debris in predominately commercial and industrial
areas. Franchisee may offer and furnish Saturday and/or Sunday collection
service to commercial, multi-family and drop box customers. If weekend service
is not made available, the Franchisee must provide sufficient receptacles to
accommodate commercial customer needs throughout weekends.
b Change of Schedule for Solid Waste/RecyclingNard Debris Day Franchisee
may periodically change a customer's designated collection day. No later than
fourteen (14) days prior to the change, Franchisee shall give written notice to a
customer indicating the intent to change the Customer's designated collection day
and inform the customer of the new collection day. Notice must also be given to
all service addresses if different than billing addresses. Each multifamily unit
must be notified of the change in collection day, if each unit receives
individualized can/cart service.
c. Collection on Holidays
No collection is required on July 4, Thanksgiving Day, December 25th or January
1" of each year. During weeks in which those dates fall on a Monday through
Friday, pick-up shall occur on the established pick-up day, unless that day is July
4th, Thanksgiving Day, December 25th or January 1 st, in which case pick-up will
occur on the following day. Each regular pick-up day for the remainder of those
weeks shall thereafter shift back one day with regular Friday service allowed to
occur on Saturday.
d. Hazardous Weather Conditions
Collection Schedules may be adjusted due to hazardous weather conditions.
Hazardous weather conditions generally exist on any day in which the Ashland
School District cancels classes due to weather conditions, or on portions of routes
that are located on steep hills where a driving hazard may exist even though local
public schools are open. When weather conditions make driving or collection
hazardous, Franchisee may postpone collection, as provided below.
The Franchisee shall notify the City Administrator or designee by phone or email
no later than noon on the day hazardous weather conditions day exist, if collection
schedules are expected to change.
This information supplied shall include geographic areas affected and the
anticipated make-up day or schedule, If the affected geographic area(s) or make-
up schedule changes, then the Franchisee shall update the information furnished
to the City as well on their phone and website systems.
In the case of solid waste collection, the Franchisee shall make a reasonable effort
to pick up prior to the next regular collection day. Yard debris and recyclable
materials collection may be postponed until the next regular collection day. If
collection is delayed more than two days, collection will be delayed to the next
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regular collection day, with an extra container being accepted by the Franchisee.
At the discretion of the Franchisee, a go-back charge may be assessed per the
approved rate schedule.
4. Missed Collections
a. Missed Collection for Solid Waste Customers.
The Franchisee shall respond promptly to reports of missed collections.
Franchisees shall collect missed materials within 24 hours (excluding weekends,
and approved holidays) of receipt of a complaint from the City or the customer.
The 24-hour deadline does not apply where the missed collection occurred due to
late or improper setout by the customer. Each improper setout by a customer
must be documented by the Franchisee and communicated to the customer.
If a customer did not set out or improperly placed the container, the Franchisee
shall offer the customer the following options:
(1) Immediate collection of the materials for the City approved Go-back
Rate.
(2) Collection of the material at no extra charge the following week on the
designated collection day.
b. Hazardous Weather Missed Collections.
Collections that are missed due to hazardous weather conditions, where
postponements have been reported to the City as required in this ordinance, are
not considered "missed collections."
5. Point of Collection
a. Point of Collection: Single Family Dwelling
For single-family dwellings, the Franchisee may require that the collection of
solid waste, recyclables and yard debris be placed at the curb or roadside in such a
fashion so as to enhance efficiency of the collection system and may assess an
extra fee, as established in the approved rate structure, if a customer fails to
present the roll cart at a location reasonably serviceable by the collection truck.
Disabled customers shall not be charged an extra fee and the franchisee must
arrange for a mutually convenient system for refuse, yard debris and recycling
collection.
b. Point of Collection: Disabled Customers
Disabled customers will be provided non-Curbside collection of all materials.
The customer and the Franchisee must mutually agree upon a setout location. In
most cases, the preferred location will be visible from the street. If not, the
customer must provide the Franchisee with a signal that is visible from the street
that there are materials to be collected.
c. Collection on a private street
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For collection to be made at Curbside on a private street or flag drive serving
multiple residences, the street must meet the following standards: access may not
be limited by a gate; it must be named and posted with a street sign, it must be
paved to a width of at least 12 feet, exclusive of any areas where parking is
permitted, and if dead-end, the turnaround must have a 60 foot diameter or a
"hammerhead" or other feature which provides adequate turnaround space for
standard collection vehicles. There must be at least 14 feet of vertical clearance.
On such private streets, customers entitled to Curbside service must have their
address on the private street. Franchisee may require a damage waiver from
customers being serviced on a private street, if in the opinion of the Franchisee
there is a reasonable probability that property damage could occur through no
fault of the Franchisee engaged in the normal course of providing service. If
these criteria are not met, customers must bring their materials to the intersection
of the private street and the closest public street. Containers must be marked with
the appropriate customer address.
d. Collection from Public Alleys
Collection from public alleys is encouraged, but is at the discretion of the
Franchisee.
e. Collection from In-Ground Cans
Collection from in-ground cans is prohibited.
f. Location of Empty Cans/Carts/ContainersBins
The Franchisee shall return all cans, carts, and bins to the location where the
customer places them without leaving collection remnants or disturbance to
existing site conditions.
6. Ownership of Collected Materials.
All conforming materials properly placed or deposited in a receptacle provided by
the Franchisee or left in place by the customer for collection by the Franchisee
shall become the property of the Franchisee. It shall be unlawful for any person
other than Franchisee to remove any material from such receptacles, though this
prohibition does not apply to bona fide law enforcement activity. Any person
removing such materials in violation of this section shall be subject to the
penalties set out in AMC 1.08. Ownership shall not transfer to the Franchisee
until the Franchisee takes physical possession of the collected materials.
7. Improperly Placed, Improperly Prepared or Overweight Materials.
The Franchisee is not required to collect materials that are non-conforming, not
properly placed, prepared or are overweight, as defined in the Customer.-
Responsibility Section. The Franchisee is required to provide written notice to
the customer of the reason for non-collection. The date, service address and
Franchisee contact information shall be provided on the notice. The Franchisee
shall retain a copy of the notice and any needed support documentation. In the
event Franchisee unknowingly collects non-conforming materials, ownership of
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such materials including any mixture of such materials with non-conforming
materials shall not transfer to Franchisee.
If a customer deposits non-conforming materials, fails to set out or improperly
prepares or places the container, the Franchisee shall offer the following options:
(1) Immediate collection of the conforming materials at a City-approved
rate.
(2) Collection of the conforming material as one free extra the following
week on the designated collection day.
8. Clean Up on Route
The Franchisee shall make a reasonable effort to pick up all material blown or
littered during the course of collection subsequent to being set out by the
customer and prior to pickup, unless the problem is a recurring one. If material is
blown or littered prior to pick-up at a particular customer's address on a recurring
basis, the Franchisee may leave the blown or littered material at the Point of
Collection with a notice describing the problem. The date, and address shall be
specified on the notice. In the case of a commercial customer, the Franchisee may
charge a clean-up or extra yardage charge, and collect the material if a notice had
been given to that customer within the previous six months
G. RESIDENTIAL COLLECTION STANDARDS
The following Residential Collection Standards are specific to residential
collection, and are in addition to the general collection standards outlined in the
previous section.
1. Residential Containers
Franchisee shall provide roll carts to all residential regular service customers. The
carts should be designed for safe handling and shall be non-absorbent, watertight,
vector-resistant, durable, easy to clean, and provided with lids or covers that can
be readily removed or opened. Roll carts shall be clearly identified by displaying
the Franchisee identification prominently and conspicuously on the container.
Roll carts must be clean when delivered to the customer.
2. Roll Cart Deposit
Franchisee may not charge a deposit for roll carts for any level of service, except
as provided in Special Billing for Credit Risks
3. Replacement of Lost/Stolen Roll Cart
Franchisees may charge customers for lost, stolen, or damaged carts at 100% of
the bulk purchase price of a new roll cart most recently paid by the Franchisee.
The Franchisee is responsible for replacement of carts damaged in the course of
normal wear and tear.
4. Damage to Customer Cans
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Franchisees are not responsible for normal wear and tear on reusable cans and lids
provided by customers. Damage caused by Franchisee negligence to cans and lids
shall be reimbursed to the customer and a roll cart issued. The age and previous
condition of the customer's equipment shall be considered. If a customer has
already been provided a roll cart by the Franchisee, personal customer cans may
only be used when a customer needs to set out materials as an "extra" service.
5. Residential Recycling Collection Standards
The following Residential Recycling Collection Standards are specific to
residential collection, and are in addition to the general collection standards
outlined in a previous section.
a. Co-mingled Recycling Materials
Franchisees shall provide year-round co-mingled recycling collection
service. Service shall be provided on the same collection day as solid
waste collection and yard debris collection, but may not have the same
frequency as a customer's subscription to solid waste collection service.
b. Source-Separated Materials
The Franchisee shall also collect the following source separated recyclable
materials set out for collection, so long as the materials are properly
prepared, separated from solid waste, co-mingled recycling and yard
debris, and placed at the appropriate point of collection:
1) Approved glass materials
2) Used motor oil (contained as approved by Franchisee)
c. Opportunity to Recycle
The Franchisee shall create and maintain a communications, education and
outreach plan consistent with the Customer Services Standards section of
this document ensuring public awareness of the opportunity to recycle
including recycling information, clear instructions on preparation of
recyclables for curbside collection, how the materials are being recycled
and a telephone number/website for information regarding recycling
collection service.
d. Residential Recycling Containers
The Franchisee shall provide a co-mingled roll cart and glass recycling bin
to the customer within seven business days after a customer initiates
service if not transferred between customers. Roll carts shall be labeled to
identify approved recycling materials. The City Administrator or designee
shall have the opportunity to review approve the-type and style of all bins.
Such approval shall not be unreasonably withheld if Franchisee- proposed
roll cart is of a conventional design and manufacture currently in
predominant use on the West Coast of the United States.
e. Deposit for Bins/Lost or Stolen Bins
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Franchisees may not charge a deposit for the recycling roll cart or bin, but
may charge customers an approved replacement fee for lost or stolen bins.
6. Transportation and Marketing of Recyclable Materials
The Franchisee is responsible for transporting and marketing source-separated
materials for recycling by ensuring that all collected recyclables are delivered to a
processor or broker of recyclable materials or to an end-use market.
The Franchisee shall be prohibited from delivering or causing to be delivered any
collected recyclable material for disposal, except by prior approval of the City
Administrator or designee. Franchisee's placement of properly prepared
recyclables into any container currently being used to contain Solid Waste,
including the compartment of a collection vehicle currently being used for solid
waste, shall constitute a failure to comply with this standard.
7. Residential Yard Debris Collection Standards
The following Residential Yard Debris Collection Standards are specific to
residential collection, and are in addition to the general collection standards
outlined in a previous section.
a. Yard Debris Collection Schedule
Franchisees shall provide year-round yard debris collection service at the
same frequency as a customer's subscription to co-mingled recycling
collection service. Service shall be provided on the same collection day as
recycling and solid waste collection.
b. Yard Debris Containers
Franchisees shall collect all properly prepared yard debris in a Franchisee-
provided roll cart. Yard debris must comply with the material and
preparation standards outlined in the definition of Yard Debris.
1) All customers receiving weekly solid waste collection service shall
receive a yard debris cart upon request. This yard debris cart will be
provided by the Franchisee at no additional charge. Collection of
yard debris will be subject to the charges shown on the current
approved rate schedule.
2) Franchisees may not charge a deposit for roll carts for any level of
service, except as provided in Special Billing for Credit Risks.
3) Franchisees may charge customers for lost, stolen, or damaged carts
at 100% of the bulk purchase price of a new roll cart most recently
paid by the Franchisee. The Franchisee is responsible for
replacement of carts damaged in the course of normal wear and tear.
9. Transportation and Marketing of Yard Debris
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The Franchisee shall transport and market source-separated yard debris for
recycling by ensuring that all yard debris is delivered to a City-approved yard
debris processor. The Franchisee shall not deliver or cause to be delivered any
collected yard debris material for disposal, except by prior approval of the City
Administrator or designee. A Franchisee's placement of source separated yard
debris into any container currently being used to contain solid waste, including
the compartment of a collection vehicle currently being used to contain solid
waste, shall constitute a failure to comply with this standard.
10. Improperly Prepared Solid Waste
When the Franchisee encounters improperly prepared garbage, such as garbage
which contains hazardous or otherwise unacceptable waste, material which is too
tightly packed to fall from the cart, or unbagged animal waste or kitty litter, the
Franchisee shall collect only properly prepared garbage, if feasible, and leave the
improperly prepared material. The Franchisee is not required to segregate or sort
out the materials and has the right to reject any material for collection if the
material contains or is suspected of containing non-conforming material.
The Franchisee is required to provide written notice to the customer of the reason
for non-collection. The date, service address and Franchisee contact information
shall be provided on the notice. The Franchisee shall retain a copy of the notice
and any needed support documentation.
11. Improperly Prepared Recyclable Materials
a. Collect Only Properly Prepared Materials
A Franchisee shall collect only properly prepared recyclable material
placed at Curbside, and shall leave at curbside the improperly prepared
material or materials.
b. Customer Notification
When a Franchisee encounters improperly prepared recyclable materials,
Franchisee is required to provide written notice to the customer of the
reason for non-collection. The date, service address and Franchisee
contact information shall be provided on the notice. The Franchisee shall
retain a copy of the notice and any needed support documentation.
c. Disposal of Improperly Prepared Recyclable Materials at Customer
Request
Except at the request of the Customer, the Franchisee shall not mix with
Solid Waste any materials placed out as recycling in or next to the
recycling bin. If recyclable materials are mixed with solid waste at the
customer's direction, then the material may be charged as extra solid
waste.
12. Improperly Prepared Yard Debris
a. Customer Notification
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The Franchisee is required to provide written notice to the customer of the
reason for non-collection. The date, service address and Franchisee
contact information shall be provided on the notice. The Franchisee shall
retain a copy of the notice and any needed support documentation.
b Disposal of Imlroperly Prepared Yard Debris at Customer Request
Except at the request of the Customer, the Franchisee shall not mix with
Solid Waste any source-separated Yard Debris that was improperly
prepared. If the Yard Debris is mixed with Solid Waste at the Customer's
direction, then it may be charged as extra solid waste if the volume causes
the Customer's next solid waste pick up to exceed the Customer's existing
level of service.
H. OTHER RESIDENTIAL COLLECTION ACTIVITIES
1. Bulky Wastes
Franchisees shall provide for the collection of White Goods or Bulky Wastes
within seven business days of a customer's request. Rates shall not exceed the
maximum rates set by the Council.
2. Neighborhood Cleanups
Upon request by the City Administrator or designee, Franchisee shall participate
in official neighborhood/community cleanup events once per year. The City
Administrator or designee, in consultation with the Franchisee, will specify
materials required to be collected at such events. Collection method (e.g. drop
box or door-to-door collection) will be mutually agreed upon between the City
and the Franchisee. Expenses incurred in the course of conducting cleanup
activities are allowable costs for rate review.
1. COMMERCIAL COLLECTION STANDARDS
The following Commercial Collection Standards are specific to commercial
collection, and are in addition to the general collection standards outlined in the
previous section.
1. Waste Evaluation
When a commercial or multi-family customer initiates service, the Franchisee
shall offer to perform an assessment of the customer's needs to assist the
customer in choosing an optimal combination of solid waste disposal and
recycling programs. The assessment should involve questions about the business
size, and specific queries to identify waste prevention and recycling opportunities.
The results of the assessment should be reflected in the services selected.
Assessments shall be maintained at least three years, and updated at the request of
the customer at least every three years. Franchisee shall offer solid waste needs
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assessments to all commercial customers via bill stuffers, advertisements, and
Franchisee website a minimum of four (4) times per calendar year.
2. Commercial Containers
a. The Franchisee is required to provide roll carts or containers to all
commercial customers. When a customer initiates service, the Franchisee
shall provide containers to a customer no later than five business days
from the time of the customer request. Receptacles shall be designed for
safe handling and shall be durable, easy to clean, and be provided with
connected lids or covers that can be readily opened. Receptacles shall be
clearly identified by displaying the Franchisee name, telephone number
and logo prominently and conspicuously on the container. Any additional
information, graphics or signage shall be reviewed and approved by the
City Administrator or designee. Receptacles must be clean when
delivered to the customer.
b. Franchisees may not charge a deposit for carts and containers, except as
provided in Special Billing for Credit Risks.
c. Franchisees may charge customers for lost, stolen, or damaged
receptacles at 100% of the bulk purchase price of a new receptacle most
recently paid by the Franchisee. The Franchisee is responsible for
replacement of receptacles damaged in the course of normal wear and tear.
3. Scheduling
The Franchisee and the customer should mutually agree on the collection day(s)
and frequency of collection that meets the customer's needs and work into the
Franchisee's established routing.
4. Access
Containers shall be placed in a readily accessible location on ahard, level surface
extending to the street. An enclosure must be unlocked at the time of collection.
The driver should not have to push containers more than 25 feet in order to attach
them to the collection vehicle for dumping. The Franchisee may cumulatively
add City-approved extra distance, gate, or access charges for difficult to reach
receptacles.
5. Commercial Recycling Collection Standards
The following Commercial Recycling Collection Standards are specific to
commercial collection, and are in addition to the general collection standards
outlined in a previous section.
a. Commercial Recycling Containers
The Franchisee shall deliver appropriate recycling receptacles to the
customer within five business days after a customer initiates service. The
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solid waste container rates include a recycling component, and recycling
service is therefore provided to the customer at no additional charge.
b. Commercial Waste Evaluation
The waste evaluation may involve the provision of waste paper collection
boxes/bins, roll carts, caged containers, or other standardized receptacles
in order to optimize separation of materials for recycling. The Franchisee
is required to provide adequate training to assist the customer in making
best use of the recycling collection system. The evaluation may also
include information regarding affiliates or sub-contractors that provide
specific waste reduction or recycling services.
6. Transportation and Marketing of Recyclable Materials
The Franchisee shall transport and market source-separated materials for
recycling by ensuring that all collected recyclables are delivered to a processor or
broker of recyclable materials or to an end-use market. The Franchisee shall not
deliver or cause to be delivered any collected source-separated recyclable material
for disposal, except by prior approval of the City Administrator or designee. A
Franchisee's placement of properly prepared recyclables into any container then
containing Solid Waste, including the compartment of a collection vehicle
currently being used to contain solid waste, shall be a failure to comply with this
standard.
J. MULTIFAMILY SOLID WASTE COLLECTION STANDARDS
The following Multifamily Collection Standards are specific to multifamily
collection, and are in addition to the general collection standards outlined in the
previous section.
1. Waste Evaluation
When a customer initiates service, the Franchisee shall offer to perform an
assessment of the customer's needs, and assist the customer in choosing an
optimal combination of solid waste disposal and recycling programs. The
assessment should involve questions about the size of the complex, and specific
queries to identify the best location for recycling collection sites or depots. The
results of the assessment should be reflected in the services selected.
Assessments shall be maintained at least three years, and updated at the request of
the customer at least every three years. Franchisee shall offer solid waste needs
assessments to all commercial customers via bill stuffers, advertisements, and
Franchisee website a minimum of four (4) times per calendar year.
2. Multifamily Solid Waste Containers
a. The Franchisee is required to provide roll carts or containers to all
multifamily customers. When a customer initiates service, the Franchisee
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shall provide containers to a customer no later than five business days
from the time of the customer request. Receptacles should be designed for
safe handling and shall be durable, easy to clean, and provided with
connected lids or covers that can be readily opened. Receptacles shall be
clearly identified by displaying the Franchisee name and telephone
number prominently and conspicuously on the container. Receptacles
must be clean when delivered to the customer.
b. Franchisee may not charge a deposit for carts and containers, except as
provided in Special Billing for Credit Risks.
c. Franchisees may charge customers for lost, stolen, or damaged
receptacles at 100% of the bulk purchase price of a new receptacle most
recently paid by the Franchisee. The Franchisee is responsible for
replacement of receptacles damaged in the course of normal wear and tear.
3. Scheduling
The Franchisee and the customer should mutually agree on the collection day(s)
and frequency of collection that meet the customer's needs and work into the
Franchisee's established routing.
4. Access
Container rates assume that containers are located in a readily accessible location
or enclosure that is unlocked. The driver should not have to push containers more
than 25 feet in order to attach them to the collection vehicle for dumping. The
Franchisee may cumulatively add City-approved extra distance, gate, or access
charges for difficult to reach receptacles.
5. Multifamily Recycling Collection Standards
The following Multifamily Recycling Collection Standards are specific to
multifamily collection, and are in addition to the general collection standards
outlined in a previous section.
a. Multifamily Recycling Containers.
The Franchisee shall deliver appropriate recycling receptacles to the
customer within five business days after a customer initiates service. The
solid waste container rates include a recycling component, and recycling
service is therefore provided to the customer at no additional charge.
b. Waste Evaluation.
The Waste Evaluation may involve the provision of collection boxes/bins,
co-mingled roll carts, caged containers, drop boxes, or other standardized
receptacles in order to optimize separation of materials for recycling. The
Franchisee is required to provide adequate training to assist the customer
in making best use of the recycling collection system.
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ASHLAND
6. Transportation and Marketing of Recyclable Materials
The Franchisee shall transport and market co-mingled and/or source-separated
materials for recycling by ensuring that all collected recyclables are delivered to a
processor or broker of recyclable materials or to an end-use market. The
Franchisee shall not deliver or cause to be delivered any collected co-mingled or
source-separated recyclable material for disposal, except by prior approval by the
City Administrator or designee. A Franchisee's placement of properly prepared
recyclables into any container other than containing Solid Waste, including the
compartment of a collection vehicle currently being used to contain solid waste,
shall be a failure to comply with this standard.
7. Collection of Approved Source-Separated Recyclable Material
The Franchisee shall collect the following materials set out for collection at
multifamily complexes, so long as the materials are properly prepared, separated
from solid waste and yard debris, and placed at the appropriate point of collection:
1) Approved glass recycling
K. SYSTEM AND EQUIPMENT STANDARDS
1. Vehicle Condition and Maintenance
All collection equipment must be maintained and operated in compliance with all
local and state statutes, ordinances, and regulations including compliance with
regulations related to the safety of the collection personnel and the public.
2. Prevention of Leaking and Spilling Loads.
All vehicles shall be constructed, loaded, operated and maintained in a manner to
reduce, to the greatest extent practicable, the dropping of, leaking, blowing,
sifting or escaping of Solid Wastes, Recyclable Materials, liquids, vehicle fluids,
or lubricants from the vehicle, except the normal leakage of fluids typically
associated with properly maintained vehicles. Leaks due to equipment failure
shall be immediately contained and remedied as soon as practicable.
3. Vehicle Inventory
The Franchisee shall provide the City Administrator or designee with an
inventory of vehicles used within the City. The list shall include vehicle ODOT
and Oregon license plate numbers.
4. Vehicle Covers
All open-body collection vehicles shall have a cover, which may be either an
integral part of the vehicle or a separate cover. These covers shall be used while in
transit, except during the transportation of Bulky Wastes.
5. Vehicle Identification
All collection vehicles shall bear a unique identifying number, and shall clearly
display company identification and contact information prominently and
conspicuously on both sides of the vehicle. Any additional information, graphic or
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ASHLAND
signage must be reviewed and approved by the City Administrator or designee
prior to installation and use.
Before a new or used vehicle is put into service the vehicle must include all
required identifications. All vehicles shall have current, valid registration with the
State of Oregon and all drivers shall possess a current, valid commercial driver's
license if required for the vehicle type.
6. Compliance with Law
The Franchisee shall comply with all applicable federal, state, and local laws and
regulations relating to driving, transportation, and Solid Waste and Recyclable
Material collection and disposal.
7. Processing and Storage Yards
Any processing and storage of collected materials shall be undertaken in a
location suitable and adequate for such activity. Processing and storage facilities
shall comply with all applicable zoning ordinances and any other applicable local
and state statues, ordinances and regulations.
8. Facilities for Storage, Maintenance and Parking
Facilities for storage, maintenance, and parking of any collection vehicles,
receptacles, or other equipment shall comply with all applicable zoning
ordinances and any other applicable local and state statues, ordinances and
regulations.
9. Compactors
Stationary compactors for handling Solid Waste shall comply with applicable
federal, state and local safety regulations. No such compactor shall be loaded so
as to exceed the safe loading design or operation limits of the collection vehicles
used by the Franchisee. Compactors shall comply with all local, state and federal
weight regulations or standards. A person who wishes services for a compactor
should, prior to acquisition of such compactor, inquire of the Franchisee as to
compatibility with the Franchisee's equipment or equipment that the Franchisee is
willing to acquire. In the event a weight violation occurs, all costs associated with
such violation shall be the individual responsibility of both the generator and the
owner of the compactor. The generator shall be responsible for insuring
compatibility with the Franchisee's equipment and all cost of retrofitting any
collection equipment shall be the responsibility of the owner of the compactor.
L. INFECTIOUS AND NON-CONFORMING WASTE
1. The Franchisee shall provide for collection of medical and infectious waste
either through its own forces or by subcontract with a qualified disposal firm for
this service. In either case, the Franchisees and their subcontractors shall conform
to all rules and laws including, but not limited to, those of the State of Oregon
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-ASH LAN D
applying to the collection, transportation, storage, treatment, and disposal of
medical and infectious wastes.
2. The Franchisee is not required to collect non-conforming wastes from
customers. Non-conforming wastes includes regulated hazardous wastes and
other hazardous substances that Franchisee is not aurthorized to accept for
disposal or recycling. If a Franchisee identifies a non-conforming waste that the
customer has placed for collection with solid waste, recyclable materials, or yard
debris collection, the Franchisee shall leave the material along with a notice
indicating the presence of the non-conforming material. The Franchisee shall
retain a copy of the notice and appropriate supporting documentation.
3. When the Franchisee refuses to pickup due to the presence of a non-conforming
waste, the Franchisee shall offer the following options once the non-conforming
waste is removed completely from the Solid Waste, Recyclable Materials and/or
Yard Debris:
1) Immediate collection of the Solid Waste, Recyclable and/or Yard
Debris for the City-approved Go-back Rate.
2) Collection of the Solid Waste, Recyclable and/or Yard Debris at the
discretion of the Franchisee, this collection shall be subject to an extra
fee, per the then current approved rate schedule.
M. CUSTOMER SERVICE STANDARDS
1. Office Requirements
Franchisees shall have office staff or an answering machine or service available to
accept Customer calls and complaints at all times. Phone lines must be dedicated
customer service phone lines with the Franchisee's business name listed as a
business in the telephone directory.
2. Resolution of Customer Complaints and Inquiries
a. Response Time
Franchisee shall respond to customer inquiries or complaints within 48
hours, not including weekends or holidays.
b. Complaint Log
Franchisee shall maintain a record of all complaints made to Franchisee
regarding service. This record or complaint log shall include at a
minimum the following information: the name, address, and phone
number of the complainant, if known; the date of receipt of the complaint;
the subject matter of the complaint, the disposition of the complaint; the
date of disposition of the complaint, the date and method of notification to
the complainant of the disposition. The records of complaints shall be
available to the City Administrator or designee for inspection at any time
during normal business hours. A copy of the complaint log for the
calendar quarter shall be submitted to the City with the franchise payment
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ASHLAND
for that calendar quarter. Complaint records shall be maintained on the
Franchisee's premises for two years.
3. Franchisee Demeanor
The Franchisee and its employees shall always be courteous in its interactions
with customers, and shall not use foul or abusive language. In evaluating
complaints regarding discourteous behavior, the City Administrator or designee
shall base his or her decision on whether or not a reasonable person would find
the actions or response of the Franchisee to violate community standards for
courtesy.
4. Billing Standards
a. Billing Period
Except in cases of customers that qualify as credit risks, Franchisees shall
bill customers not more than ninety (90) days in advance of the end of the
service period or sixty days in arrears of the beginning of the service
period. Payments shall not be due more than 31 days before the end of the
service period being billed, nor less than fourteen days after the date of the
postmark of the billing.
b. Billing Contents
Billings shall contain the following minimum elements: service address,
coverage of dates being billed, and the billing rate for each of the
customer's services and level of service. The bill will also contain an
aggregated total of all additional charges during a period.
c. New Customers or Customers to Whom Service Has Been Suspended
New customers that do not meet the credit guidelines submitted by the
Franchisee and approved by the City, and customers who require
suspension of service for non-payment of account three or more times
within a calendar year may be considered credit risks. The Franchisee is
responsible to select a credit policy that complies with all laws, and to
apply the policy uniformly throughout its customer base.
d. Credit Risk Customers
Franchisees may handle credit risk customers in one of two ways:
Advance Billing: Franchisees may require credit risks to pre-pay up to
three months in advance of service, and continue to perform service
for prepaid service up to one year. After one year of prompt payment,
the customer must be reclassified to regular status.
Deposit: A Franchisee may charge a deposit of three month's revenue.
The deposit must be returned to the customer after twelve months of
consistent prompt payment.
e. Late Fees/Service Charges
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ASHLAND
Franchisees may assess late fees and service charges, including interest
and other charges related to the cost of collecting overdue payments on
accounts not paid by their due dates. Such charges shall be reasonable and
approved by the City Administrator or designee in advance. Charges may
not be imposed earlier than ten days before the end of the service period
being billed, or ten days after the due date, whichever is later.
5. Refusal of Service
Franchisees may refuse collection service to any customer if the customer has not
paid a bill unless the customer has initiated a formal dispute within thirty (30)
days of the billing due date. Franchisee may also refuse collection service to any
customer if the customer has repeatedly attempted to dispose of non-conforming
wastes. In no event, however, shall a Franchisee suspend service without first
notifying the customer in writing not less than seven business days prior to the
date of intended suspension of service. The Franchisee may assess and receive
City-approved re-start and collection fees from the customer prior to resuming
service.
6. Responsibilities for Customer Education/Promotion
The Franchisee shall assist in the development and participate in promotion and
education efforts as outlined below.
7. New Customer Information
Franchisees shall provide each new customer with information that is reasonable
to permit the customer to make a reasoned choice of service. Franchisees shall
actively assist the customer in making the final selection. Within seven business
days of a customer's initial call, a Franchisee shall offer the customer printed
material describing the levels of service and rates and/or refer the customer to the
Franchisee website for complete service information.
8. Distribution of City-provided Informational/Educational Materials
Franchisees shall coordinate with the City Administrator or designee for the
distribution of City-provided information and education notices to all customers
including customers whose service is provided monthly, on-call and to residents
of rental property.
9. Notice of Change in Schedule
Franchisee shall provide notice of changes in regular collection schedules or any
other pertinent information with a minimum notice of fourteen (14) business days.
Notice shall be in the form of written material sent via regular first class postal
service or via email notification if applicable.
10. Coordination with City
Franchisee shall notify the City when considering Franchise-wide promotional or
educational activities, and provide the City Administrator or designee with
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-ASHLAND
advance copies of materials for review and approval prior to distribution to
customers.
N. CUSTOMER RESPONSIBILITIES
1. General Customer Requirements
a. All residential, multi-family and commercial properties in the city shall
provide for collection of solid waste, recyclable materials and yard debris
in accordance with Ordinance No 2013-
b. Except as otherwise provided by a written agreement between the
landlord and tenant, the owner of any residential or multi-family dwelling
complex who resides, rents, leases or lets dwelling units for human
habitation shall:
(1) Subscribe to and pay for collection service with the Franchisee
on behalf of his/her tenants or, if the dwelling complex contains
four or fewer units, self-haul solid waste to an approved disposal
facility;
(2) Provide a sufficient number of receptacles of adequate size to
prevent the overflow of solid waste, recyclable materials and yard
debris from occurring. Receptacles shall be placed in a location
accessible to all dwelling units;
(3) Provide for sufficiently frequent, but at least weekly, collection
of solid waste and recyclable materials, except for compactors,
which shall be collected at least every fourteen (14) days; and
(4) If the dwelling complex has four or fewer units and the owner
is self-hauling solid waste, provide for the same level and
frequency of collection of recyclable materials and yard debris as
are required of Franchisee serving residential customers
2. Residential Placement of Receptacles and Materials
Residential customers are required to place materials for collection at the
appropriate point of collection as described in the Residential Collection
Standards section. Customers should place receptacles so that they do not block
sidewalks, driveways, public streets, or other rights of way. Residential
receptacles must be placed prior to 7:00 am on their collection days.
Customers in areas where Franchisee have automated collection shall be expected
to make reasonable accommodations to place carts and park cars so as to reduce
interference with automated collection equipment. It is the Franchisee's
responsibility to educate customers about the necessary accommodations.
Receptacles must be4removed from the curb and into the customer's yard area -
within 24 hours from the time of collection.
3. Commercial Set Out Location
Commercial and multifamily customers shall set solid waste, recyclable materials,
and yard debris receptacles at a location that is readily accessible and safe to
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ASHLAND
empty or load, that does not require a Franchisee to go up and down stairs, and
that is agreed upon by the Franchisee and the customer.
4. Recycling to Set Out in Recycling Bins
Recyclable materials shall be placed in co-mingle roll carts or recycle
bins/containers that clearly segregate them from Solid Waste or other materials
the customer does not want to discard.
5. Secure Lightweight Materials
Lightweight materials such as ashes, Styrofoam "peanuts", kitty litter, and
sawdust shall be placed in a tied or sealed bag or box and placed securely within a
closed container to minimize dispersion prior to and during placement into the
collection vehicle or container. Failure to comply is a violation of Ashland
Municipal Code 9.08 and subject to penalties described therein.
6. Contents of Carts/Containers Must Fall Freely
Contents of Solid Waste or Yard Debris carts/containers must fall freely. The
Franchisee shall not be responsible for digging the contents out ofa cart or
container.
7. Weight Limits
Contents of receptacles must fall freely. Franchisees are not responsible for
digging the contents out of receptacles. The following table describes approved
weight limits:
Size/Type Maximum Weight (including Container)
U to and including 32 gallon carts 65lbs.
Franchisee-provided carts over 32, up to 100lbs.
and Including 64 gallons
Franchisee-provided carts over 64, up to 145 lbs.
and including 96 gallons
Containers equal to or greater than I cubic 250 lbs. Per cubic yard
and and less than 10 cubic yards
Containers greater than 10 cubic yards Weights subject to Franchisee Truck
Capacity
Compacted Containers 500 lbs. Per cubic and
8. Responsibility to Separate Overweight or Overfilled Contents
When containers are overweight or overfilled, it is the customer's responsibility to
separate wastes into additional receptacles or bags so that weight limits are
observed and container is not overfilled. The additional receptacles or bags are
subject to extra charges as applicable.
9. Preparation of Recyclable Materials
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-ASHLAND
Customers shall prepare recyclables in accordance with City-approved
instructions provided and published by the Franchisee.
10. Preparation of Yard Debris
The customer shall place yard debris in provided roll carts.
11. Infectious Waste Setout
Infectious wastes, including hypodermic needles, must be placed in appropriately
marked containers. Customers shall not place these items into roll carts or
containers for collection of Solid Waste, Recyclables or Yard Debris. Customers
must contact the Franchisee to determine proper disposal options.
12. Non-Conforming Waste
Customers shall take appropriate actions to ensure that non-conforming waste
including hazardous wastes, chemicals, paints, corrosive materials and hot ashes
are not put into a receptacle for solid waste collection.
13. Unacceptable Waste
The customer shall not place unacceptable materials in solid waste receptacles.
Unacceptable materials include: oils, fats, and other liquids generated by
commercial entities, semi-solid wastes, hazardous wastes, and flammable
materials. The customer should contact their Franchisee for information on proper
disposal.
14. Payment Responsibility
Customers must pay their invoices within the due dates specified by the
Franchisee, as long as the Franchisee has submitted a collection plan with the City
and has received the City's approval of the plan. Customers who do not pay the
amount due within terms are subject to stopped service and collection actions.
15. Notification of Missed Collection or Billing Errors
Customers are responsible for prompt notification of the Franchisee when
problems arise such as apparent missed collections or billing errors. Customers
must notify the Franchisee regarding obvious billing errors, such as improperly
charged extras, within 60 days of receipt of an original invoice in order to receive
credit. Customers may not deduct from payment for past missed pickups.
16. Vacation Credit
The customer is responsible for requesting a vacation credit from the Franchisee.
Vacation credits are available only for periods of at least two weeks, and must be
requested at least 48 hours in advance of the first pickup that is scheduled during
the vacation period.
0. REPORTING TO THE CITY
1. Equipment and Depreciation
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-ASHLAND
Franchisee shall describe the methodology use to set the standard economic lives
of equipment based upon industry input and prevailing practices and provide such
reporting to the City Administrator or designee for review and approval with
methodology.
2. Annual Reports
The Annual Report will ask Franchisees to detail Revenues and Expenses
(allowable and unallowable), in an income statement format, and provide a
variety of information about customer counts, cost allocation, customer
classifications, service levels, disposal volumes, and recycling activities. The
majority of expenses incurred by a collection company can be associated with one
of the following key allocation bases:
a. Truck Hours-The number of hours that collection vehicles are
operated within an area throughout the year.
b. Labor Hours-The number of paid hours for collection personnel.
c. Customer Count-The number of customers within each customer
classification at each Service level.
d. Disposal Volume-The number of yards or tons collected within an
area or by customer classification
e. Revenue-The amount of revenues generated within an area, service,
program or customer classification.
3. Quarterly Studies
Franchisees may be required to conduct semi-annual studies of each route for two
weeks to determine relative truck, labor, and disposal amounts or ratios to be used
in allocating expenses to the Franchisees' various operating areas. Franchisee
must make these studies or ongoing allocation programs available for inspection
by the City per the Access For Inspection provision of this ordinance. Franchisees
will use the key allocation information to allocate shared allowable expenses. The
City will determine the revenue and expense detail items and the associated
allocation bases to be used for allocation of each item.
4. Cost Allocation of Operations
In addition to the results of operations within the City of Ashland, Franchisee
shall report totals for all operations that share significant operational,
management, and administrative expenses with the Ashland Franchise. Resources
allocated from regional or corporate offices or affiliates shall be distributed to
appropriate expense line items, and shall also be disclosed in a schedule
describing total allocations and their distribution to individual expense line items.
All allocations from Affiliated Companies must be described and must be equal to
or less than the fair market value of similar goods and services purchased from a
third party.
5. Program Meetings
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ASHLAND
As scheduled by the City Administrator, Franchisee shall attend program status
meetings. The City will provide reasonable advance notice of required meetings
by facsimile, email, or mailed notices.
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