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In addition to and not in lieu of compliance with ORS Chapters 459 and 459A and other applicable laws and regulations:

A. No person shall place hazardous waste for collection or disposal by franchisee without notice. This shall not apply to minor quantities of hazardous wastes generated at or by a single-family residential unit.

B. No person other than the person producing the materials, an officer or employee of the City, or an employee of a franchisee, shall remove the lid from any solid waste container, molest or scatter solid waste stored in such container, or deposit solid waste into a solid waste container. For the purpose of this section, the franchisee is the “owner” of containers supplied by the franchisee.

C. No unauthorized person shall remove solid waste placed out for collection and resource recovery by the franchisee or a person exempted by BC 11.16.040 and operating solely within the exemption.

D. Unless permitted by the franchisee, no person shall install or use any container for pick up by franchisee other than those supplied by franchisee. Any solid waste that does not fit in the container may be set out in plastic bags or other containers approved by the franchisee and shall be subject to an additional charge. The purpose of this subsection is to ensure safe equipment, sizes and weights and facilitate franchisee utilizing the most efficient collection equipment and methods.

E. Franchisees are not required to collect solid waste from underground containers or containers located behind any locked or latched door, gate or inside of any building or structure.

F. Franchisees may establish maximum weights for each size of container and may refuse to collect from containers that exceed the maximum weight.

G. Except as provided in this section, all waste and recyclables placed for collection shall be placed in the solid waste, recycling or yard debris container or in the bins supplied for glass collection. Excess solid waste shall be placed in securely closed plastic bags or other containers approved by the franchisee, customers with franchisee-provided yard debris containers shall place excess yard debris in large compostable sacks designed for that purpose, and flattened corrugated cardboard may be set out in neatly stacked, securely tied, bundles. Any such sacks or bundles shall not exceed 60 pounds in weight.

H. Where a customer requires an unusual volume of service or a special type of service requiring substantial investment in equipment, the franchisee may require a contract with the customer to finance and assure amortization of the equipment. The purpose of this provision is to assure that such equipment not become a charge against other rate payers who are not benefited.

I. Franchisee may charge extra for return service to a container or drop box or roll off box that is blocked by automobiles or other obstacles.

J. Every person who generates or produces wastes shall remove or have removed all putrescible wastes at least every seven days. More frequent removal may be required where facility or service involves the public health. All wastes shall be removed at sufficient frequency as to prevent health hazards, nuisances or pollution.

K. The producer or generator of waste shall keep the area around such cans or containers free of accumulated wastes.

L. Except as otherwise exempted in this chapter, no person shall burn, dump, or in any other manner dispose of solid waste anywhere other than in an approved solid waste disposal facility or transfer station.

M. All customers of franchisees shall use reasonable efforts to separate recyclable matter from solid waste and set out the recyclable matter in designated recyclable containers. For purposes of this section, recyclable matter means materials accepted by the franchisee as part of its curbside recycling program.

N. Customers shall place solid waste, recycling, yard debris and glass recycling containers for collection in locations that do not block bike lanes, driveways or sidewalks. Containers may be placed at the edge of streets that do not have bicycle lanes. Containers may be placed on sidewalks if at least a three-foot passage area is maintained. Customers shall consult with their service provider if complying with these standards does not appear possible and comply with the service provider’s direction.

O. Customers should normally set out solid waste and recycling containers for collection no earlier than 5:00 p.m. the day before the next scheduled collection and should normally retrieve them within 24 hours after collection. Additional time is allowed when customers will not be present to comply with these timelines.

P. Persons who set out exempt wastes, including but not limited to oils and grease, for recycling or reuse by persons other than franchisees shall ensure that they are set out in leak-proof containers and are placed so as to not block passage of any street, sidewalk, bike lane or alley. Persons collecting oils and grease for recycling or reuse shall provide their customers with secure, lockable, leak-proof containers with secured lids that are designed to be stable and resistant to spillage. No person shall spill, damage or interfere with such containers or in any way cause their contents to be released onto the surface of any street, sidewalk, bike lane or alley. The City Manager may adopt regulations governing oil and grease waste containers.

Franchisees are not responsible for enforcing the provisions of this section. [Ord. NS-2246, 2015; Ord. NS-1272, 1980]