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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 CITY OF 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); Rules - 1 CITY OF ASHLAND 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 Rules - 2 CITY OF -AS H LAN D 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. Rules - 3 CITY OF ASHLAND 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 Rules - 4 CITY OF ASHLAND 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 Rules - 5 CITY OF ASHLAND 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 Rules - 6 CITY OF -ASHLAND 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 Rules 7 CITY OF ASHLAND 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 Rules - 8 CITY OF ASHLAND 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 Rules - 9 CITY OF ASHLAND 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 Rules - 10 CITY OF ASHLAND 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 Rules - 11 CITY OF ASHLAND 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 Rules - 12 CITY OF -ASH LAN D 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 Rules - 13 CITY OF -AS H LAN D 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. Rules - 14 CITY OF 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 Rules - 15 CITY OF 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 Rules - 16 CITY OF -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 Rules - 17 CITY OF 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 Rules 18 CITY OF 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 Rules - 19 CITY OF -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 Rules - 20 CITY OF 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 Rules - 21 CITY OF -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 Rules - 22 CITY OF -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 Rules - 23 CITY OF 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. Rules - 24