Ordinance No. 00-34 CITY OF TIGARD, OREGON
ORDINANCE NO. 00
AN ORDINANCE, ADOPTING CHAPTER 11.05 OF THE TIGARD MUNICIPAL CODE, KNOWN AS
THE RESIDUAL SOLID WASTE ORDINANCE, IMPOSING INTERIM REGISTRATION
REQUIREMENTS AND RELATED FEES ON THE COLLECTION AND TRANSPORT OF MIXED
LOADS,AND DECLARING AN EMERGENCY.
WHEREAS, on May 9, 2000, the United States District Court for the District of Oregon entered its
permanent injunction in the case of AGG v.Washington County(Docket No. CIV. 99-1097-KI);
WHEREAS, the injunction provided in relevant part as follows:
1. On April 6, 2000, this Court filed an Opinion which declared that Chapter 8.04 of the
Washington County code on Solid Waste Control and Chapter 4.08 of the City of Beaverton
Ordinance on Solid Waste Control, when enforced to prohibit plaintiff A.G.G. Enterprises, Inc.from
transporting source-separated loads of recyclable materials and mixed loads of solid waste and
recyclable materials, are preempted by the Federal Aviation Administration Authorization Act of
1994, 49 U.S.C. § 14501(c), because they are regulating service performed by a motor carrier
with respect to the transportation of property;
2. Consistent with that opinion, Washington County, Oregon is permanently enjoined from
enforcing its Solid Waste Control Code to the extent of imposing substantive standards affecting
the price, route or service of plaintiff A.G.G. Enterprises, Inc. in the transport of source-separated
loads of recyclable materials and mixed loads containing solid waste and recyclable materials for
single generator non-residential accounts from, in and through Washington County to
manufacturers, recycling facilities or material recovery facilities, but not to a transfer station or
landfill;
3. The City of Beaverton is permanently enjoined from enforcing its Solid Waste Control
Ordinance to the extent of imposing substantive standards affecting the price, route or service of
plaintiff R.G.G. Enterprises, Inc. in the transport of source-separated loads of recyclable materials
and mixed loads containing solid waste and recyclable materials for single generator non-
residential accounts from, in or through the City of Beaverton to manufacturers, recycling facilities
or material recovery facilities, but not to a transfer station or landfill;and
4. For purposes of this injunction, multi-family accounts such as apartment complexes or
condominiums are considered to be residential accounts;
WHEREAS, the regulations adopted in this ordinance are permissible under the Federal Aviation
Authorization Act in that they do not impermissibly regulate the price, route, or service of a motor
carrier;
WHEREAS, the Tigard City Council finds that the terms of the injunction and reasoning of the court's
opinion in support of the injunction might also apply to the requirements of Tigard Municipal Code
Chapter 11.04, Solid Waste Management, and franchises issued pursuant to it, but only to the extent
of barring the City from regulating the routes, rates or service of a motor carrier or motor private
carrier in transportation of non-putrescible source separated loads of recyclable materials and mixed
loads for single-generator, non-residential accounts from, in, and through the City to manufacturers,
recycling facilities or material recovery facilities, but not to a transfer station or landfill;
ORDINANCE No.00-3`f.. Page 1
WHEREAS, mixed loads addressed in the injunction contained no more than trivial cmounts of
putrescible materials;
WHEREAS, material recovery facilities in the region are generally achieving recovery rates of at least
25%;
WHEREAS, City of Tigard retains the authority and responsibility to regulate all types of solid waste
within its jurisdiction to ensure the public health, safety, and welfare of its residents, and especially
any solid waste that includes putrescible materials;
WHEREAS, loads containing putrescible materials present substantial health and safety concerns,
justifying continued application of Chapter 11.04 of the Tigard Municipal Code with respect to such
loads;
WHEREAS, loads containing putrescible materials in greater than trivial amounts may render the
entire load non-recoverable;
WHEREAS, under ORS Chapter 459A and OAR Chapter 340, Division 90 the City retains the
authority and responsibility to monitor and achieve high levels of recycling while complying with the
injunction;
WHEREAS,the City finds that the fees imposed in this ordinance are reasonably related to the cost of
administering and enforcing this ordinance and ensuring the public health, safety, and welfare of its
residents with regard to the subject matter of this ordinance;
WHEREAS, an appeal of the injunction is reportedly to be undertaken before the United States Circuit
Court of Appeals for the Ninth Circuit, and the Ninth Circuit may revise or reverse the injunction, in
which case it would be the expectation of the Tigard City Council that the provisions of the Tigard
Municipal Code relating to solid waste and recycling would be modified or returned to the form
previous to this enactment; and
WHEREAS, a mandatory registration and enforcement program is essential to ensure that solid-waste
haulers are operating within the confines of the injunction and not violating City ordinances and State
rules and that the legally mandated minimum recycling objectives are met or exceeded. The
provisions of this ordinance are narrowly drawn to meet all of the objectives provided for herein and in
Chapter 11.04 and State law without affecting the price, route or services of persons legitimately
doing business within the terms of the Federal Aviation Administration Authorization Act.
WHEREAS, the fees imposed by this ordinance are established by City of Tigard to cover the
reasonably related costs of administering, enforcing and achieving the objections of this ordinance to
ensure the public health, safety, and welfare of City of Tigard residents.
WHEREAS, franchised haulers, motor carriers, and motor private carriers will under this ordinance be
allowed to compete on an equal basis with each other in the transport of exempt loads.
NOW,THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The following Tigard Municipal Code Chapter 11.05, Residual Solid Waste Ordinance,
is hereby created as follows:
ORDINANCE Ne.oo- Page 2
11.05.005 Title for Citation.
The ordinance codified in this chapter shall be known as the "Residual Solid Waste Ordinance," and
may be so cited and pleaded, and shall be cited herein as "this chapter". This chapter shall be
created as 11.05 in the Tigard Municipal Code.
While this chapter remains in effect, the provisions of this chapter shall prevail over any inconsistent
or conflicting provisions in TMC Chapter 11.04. While this chapter remains in effect, Chapter 11.04
and any rate schedule adopted pursuant to Chapter 11.04 shall not apply to mixed loads.
11.05.010 Definitions.
As used in this chapter, the following terms shall have the definitions provided in this section, unless
the context requires otherwise. References to"ORS"and"OAR" indicate the source of the definitions.
A. "Administrative Rule"means all rules promulgated under 11.05.xxx of this chapter.
B. "Commercial"means stores, offices including manufacturing and industry offices, restaurants,
warehouses, schools, colleges, universities, hospitals and other non-manufacturing or
processing entities, manufacturing entities and entities which occupy more than 50 percent of
the floor area of a residence, but not including multifamily or condominium complexes. (OAR
340-090-0010, ORS 459.005).
C. "Contaminated Load" means any load not meeting the definition of either source separated
recyclables or mixed load.
D. "Disposal" means the process of discarding material at disposal sites as defined by ORS
459.005(8).
E. "Franchised Hauler" means a person who holds a solid waste collection franchise under
Tigard Municipal Code Chapter 11.04 on or after the effective date of this chapter.
F. "Generator" means the person at a given site address who generates, produces, or creates
source separated recyclables and/or mixed loads.
G. "Infectious Waste" means biological waste, cultures and stocks, pathological waste, and
sharps, as defined in ORS 459.386. (OAR 340-093-0030(48))
H. "Landfill" means a facility for the disposal of solid waste involving the placement of solid
waste on or beneath the land surface. (ORS Chapter 459.005(14))
I. "Manufacturer"means a business that makes a product from raw materials.
J. "Material Recovery" means a type of resource recovery that is limited to manual and/or
mechanical methods of obtaining ftam solid waste those materials which still have useful
physical or chemical properties and can be reused, recycled, or composted for some purpose.
Materia^ recovery includes obtaining from solid waste those materials used in the preparation
of fuel, but excludes the extraction of heat content or other forms of energy from the material.
(Metro Code Section 5.01.010(y))
K. "Material Recovery Facility" means a solid waste management facility that that separates
materials for the purposes of recycling from an incoming highly recoverable mix of non-
putrescible waste by using manual and/or mechanical methods and achieves a verifiable
ORDINANCE No.00-,.3�L Page 3
minimum 25% recovery rate. It also means a facility that primarily accepts previously
separated recyclables.
L. "Mixed load" means a load containing both (1) non-recyclable solid waste, and (2)recyclable
material,with no more than a trivial amount of putrescible waste.
A "Motor Carrier" is as defined in 49 U.S.C. §13102(12).
N. "Motor Private Carrier"is as defined in 49 U.S.C. §13102(13).
O. "Multifamily Complex" or "Multifamily" means any multi-dwelling building or group of
buildings that contain(s) five dwelling units or more on a single tax lot, such as apartments,
condominiums, or mobile home parks. Multi-family also includes certified or licensed
residential care housing, such as adult foster care homes, and group homes. Multi-family
accounts are determined to be a residential waste stream.
P. "Non-Putrescible Waste" means any solid waste that contains no more than trivial amounts
of putrescible materials or minor amounts of putrescible materials contained in such a way that
they can easily be separated from the remainder of the load without causing contamination of
the load. This category includes construction demolition debris and land-clearing debris; but
excludes hazardous waste as defined in ORS 466.005 and source separated recyclables
whether or not sorted into individual material categories by the generator. (Metro Code
Section 5.01.010(bb))
Q. "Nuisance" means every act or thing done or existing within the limits of the City of Tigard
which is declared by this chapter to be a nuisance, as provided in ORS 221.915 and
221.916(8).
R. "Person" means the United States, the state or a public or private corporation, local
government unit, public agency, individual, partnershir.% association, firm, trust, estate or any
other legal entity. (ORS Chapter 459.005(18))
S. "Putrescible Waste" means solid waste containing organic material that can be rapidly
decomposed by microorganisms, and which may give rise to foul smelling, offensive products
during such decomposition or which is capable of attracting or providing food for birds and
potential disease vectors such as rodents and flies, including but not limited to: bones; meat;
meat scraps; fat; grease; fish; fish scraps; vegetables; fruit; and food containers or products
contaminated with food wastes, particles or residues. (OAR 340-093-0030(70))
T. 'Recyclable Material", "Recyclable," and "Recyclables" means or refers to material that still
has or retains useful physical, chemical, or biological properties after acrving its original
purpose(s) or function(s), and is separated from solid waste that will be transported to a
disposal site either by the generator or at the materials recovery facility.
U. "Recycling" means any process by which waste materials are transformed into new products
in such a manner that the original products may lose their identity.
V. "Recycling Facility" means a facility that only accepts source separated recyclable materials
and is permitted by the appropriate agency.
W. "Registrant"means a person that holds a valid Registration from City of Tigard.
X. "Residence"and"Residential"means any dwelling unit where at least 50 percent of the use
ORDINANCE No. Page 4
of the entire building is for home use. For purposes of this ordinance, residence shall include
multi-family complexes.
Y. "Residual" means the solid waste remaining after material recovery has taken place and is
destined for a transfer station or landfill.
Z. "Single Generator"means one generator.
AA."Solid Waste" means all useless or discarded putrescible and non-putrescible materials,
including but not limited to garbage, rubbish, refuse, ashes, paper and cardboard, sewage
sludge, septic tank and cesspool pumpings or other sludge, useless or discarded commercial,
industrial, demolition and construction materials, discarded or abandoned vehicles or parts
thereof, discarded home and industrial appliances, manure, vegetable or animal solid and
semi-solid materials, dead animals and infectious waste as defined in ORS 459.386. The term
does not include:
1. Hazardous waste as defined in ORS 466.005;
2. Materials used for fertilizer, soil conditioning, humus restoration, or for other productive
purposes or which are salvageable for these purposes and are used on land in agricultural
operations and the growing or harvesting of crops and the raising of fowls or animals,
provided the materials are used at or below agronomic applications rates. (ORS 459.005
(24))
BB. "Source Separate" or"Source Separated" means that the person who last uses recyclable
material separates the recyclable material from non-recyclable solid waste. (ORS 459.005
(26))
CC."Source Separated Recyclables" means recyclables that contain less than 5% residual by
weight.
DD."Transfer Station" means a fixed or mobile facility other than a transportation vehicle where
solid waste is deposited temporarily after being removed from the site of generation but before
being transported to a final disposal location. (ORS Chapter 459.005(27))
EE. "Transport," "transportation," and "transporter" mean carry, convey, or move.
11.05.010 Rules and Regulations
A. Under authority of this chapter, the City is authorized to adopt rules, procedures and forms to
implement provisions of this chapter. Such rules may include, but are not limited to:
1. Record keeping and documentation requirements to ensure compliance; and
2. Fees.
B. The City may negotiate intergovernmental agreements with any other unit of local government
for the development, implementation, or enforcement of the regulations authorized by
subsection A.
11.05.020 Generator Responsibility
A. Generators are prohibited from contracting service for transportation of solid waste for the
purpose of disposal to a transfer station or landfill with any other person other than the
franchised hauler.
B. A generator is prohibited from contracting service for transportation of mixed loads for the
ORDINANCE No.oo- Page 5
purpose of disposal at a material recovery facility if the waste is to be combined with one or
more additional generator's waste prior to delivery.
C. Generators may choose to dispose of material pursuant to Tigard Municipal Code Chapter
11.04.
D. Generators are responsible for providing adequate,safe space and access for containers.
E. Generators are responsible for placing infectious wastes and putrescible wastes in appropriate
containers. Generators shall not place these items into containers for transportation with
mixed loads and source-separated recyclables.
11.05.030 Collection and'transportation of Solid o:aste and Recyclables
A. No person shall provide solid waste and recycling collection and transportation services in the
City of Tigard except for the following:
1. Persons who are franchised haulers under TMC Chapter 11.04; or
2. Registrants who provide service in accordance with the provisions of this chapter;or
3. Those persons exempt from the franchise or registration requirements as set forth in this
chapter or other ordinances; or
4. Those persons otherwise exempt under any state or federal law, but only to the extent
that the terms of that law prevail over the terms and conditions of this or other City
ordinances.
11.05.040 Exceptions to Registration Requirement
A. A registration or franchise is not required for the collection and transportation of materials by
the following persons:
1. Persons transporting mixed loads or source separated recyclables collected outside the
City of Tigard;
2. Persons employed to demolish, construct or remodel a building or structure, including, but
not limited to, land clearing operations and construction wastes, when collecting or
transporting wastes created in connection with such employment;
3. Landscapers, gardeners,tree service contractors,janitors or renderers when collecting or
transporting wastes created in connection with such employment;
4. Persons who self-haul wastes produced by that person, but not including waste produced
by a tenant(s) at a rental property. For purposes of this Section, mixed loads and/or
source separated recyclables produced by a tenant, licensee, occupant or similar person
is produced by that person and not by the landlord, property owner or agent of either the
landlord or property owner;
5. Persons collecting or transporting only waste tires under a valid waste tire storage or
carrier permit pursuant to OAR Chapter 340;
6. Persons transporting only reusable beverage containers as defined in ORS 459A;
7. Federal, state or local government agencies that collect, store, transport and dispose+ of
solid waste or those who contract with such agencies to perform the service, but only
insofar as the service is performed by or for such agencies.
8. Organizations, which have been granted non-profit tax status by the federal government
or who are organized as non-profit corporations in accordance with ORS Chapter 61.
11.05.050 Registration
A. All persons providing collection and transportation of mixed loads must obtain a Registration
prior to initiating service in Tigard, except as set forth in section 11.05.040.
Page 0
ORDINANCE No.Oo-�
B. Registrations shall be available on an annual basis and shall be issued for the year beginning
July 1 and ending June 30.
C. Those persons providing service prior to the effective date of this ordinance shall be required
to apply for a Registration within 90 days of the effective date of this ordinance.
D. Registrants shall comply with Administrative Rules promulgated under this chapter.
E. All Registrants must pay the applicable fee as set forth in Section 11.05.110, except on loads
of source-separated recyclables.
11.05.060 Permitted Activities
A. A Registrant may collect and transport mixed loads within Tigard under the following
conditions:
1. The load must be from a single non-residential generator; and
2. The load must be transported to a manufacturer, recycling facility, or material recovery
facility.
11.05.070 Prohibitions
A. Registrants and other persons who are not franchised haulers are prohibited from the
following:
1. Collecting or transporting any load for disposal at a transfer station or landfill; or
2. Collecting and/or combining mixed loads from more than one generator into a
transportation vehicle.
3. Collecting or transporting putrescible wastes or infectious wastes.
4. Collecting or transporting contaminated loads except as permitted by this chapter.
11.05.080 Registration Application
Applications for Registration shall be made to the City or City's designee on forms provided by the
City or City's designee, no later than the deadline stated on the form. The application shall include:
A. The name, street and mailing address, and business and emergency telephone number of the
applicant;
B. Applicant business ownership information, responsible official and contact person;
C. Proof of status as a motor carrier or motor private carrier as provided by federal and state law,
or proof of status as a franchised hauler as provided by TMC Chapter 11.04, including copies
of all applicable certificates or permits.
D. Any other relevant information deemed necessary by the City or City's designee.
E. An application fee set by resolution of the City Council.
11.05.090 Registration Administration
The City Manager or designee shall be responsible for administration of Registration requirements.
ORDINANCE No.00-= Page 7M—
11.05.100 Intergovernmental Agreements
The City is authorized to negotiate intergovernmental agreements with any other unit of local
government relating in any way to this chapter and to the City's authority under this chapter.
11.05.2110 Tonnage Fee
A. Registrants shall, when invoiced quarterly by the City, or City designee, pay a tonnage fee to
the City. Fees shall be assessed based on the tonnage of residual material from processed
mixed load tonnage collected within the City of Tigard and transported to a material recovery
facility. The fee shall be based on calculations derived from the facility recovery rate.
Payments shall be made within 30 days of the date of the invoice. Interest shall accrue at 1-
112% per month on balances remaining unpaid as of 31 days after the date of invoice,
compounded daily from the due date.
B. The tonnage fee shall be set by administrative rule in an amount not to exceed the reasonably
estimated cost of administering, enforcing, and achieving the objectives of this ordinance.
11.05.120 Divulging Particulars of Report Forms Prohibited
Except as otherwise required by law, City of Tigard or any officer, employee, or agent shall use
reasonable care in not divulging, releasing, or making known any information submitted or disclosed
to the City under terms of this chapter. Nothing in this section shall be construed to prohibit:
A. The disclosure of the names and addresses of any persons to whom permits have been
issued; or
B. The disclosure of general statistics in a form which would prevent the identification of financial
information regarding any individual Registrant; or
C. The City from disclosing information to other jurisdictions, if that jurisdiction maintains the
intent of this section.
11.05.130 Violations
A. It is a violation for any person to fail to follow all applicable federal, state, and local laws.
B. It is a violation for any person, other than exempt persons, to collect or transport solid waste or
recyclables without a Registration or franchise except as authorized by this chapter and
Chapter 11.04 of the Tigard Municipal Code.
C. A violation of this ordinance is deemed to be a public nuisance.
D. Violation of this ordinance may be enforced as follows:
1. by an administrative process;
2. a citation issued in accordance with City of Tigard Civil Infractions Code, Chapter 1.16 of
the Tigard Municipal Code; or
3. as otherwise provided by law.
11.05.140 Issuance of Notice of Violation
A. The City may! issue a notice of an alleged violation under this chapter.
ORDINANCE No.00-9-1— Page 8
B. A notice of violation shall be in writing and shall be delivered to the alleged violator in person
or in any other manner reasonably calculated to give notice of the alleged violation, including
but not limited to, posting of the notice in a prominent location on the property or by United
Stats first-ciass maii, postage prepaid.
C. The City may issue cumulative notices of violation in any sequence to a violator of this
chapter.
11.05.150 Collection of Penalties and Fees
A. Penalties and fees are payable upon receipt of the final order imposing penalties and fees.
Penalties and fees under this chapter are a debt owing to the City and may be collected in the
same manner as any other debt.
B. The City may initiate appropriate legal action in any court of competent jurisdiction to enforce
the provisions of any written settlement or final order of the Hearings Officer.
11.05.160 Penalties
For the purposes of this chapter, penalties are based upon the number of separate violations within a
12-month period.
A. Penalty Amounts:
1. A first violation of this chapter shall be subject to a civil penalty of up to$500;
2. A second violation of this chapter by the same person shall be subject to a civil penalty of
up to$750;
3. Third and subsequent violations of this ordinance shall be subject to civil penalties of up
to$1000; and
4. Civil penalties under this chapter may be assessed for violations per day or,per
occurrence.
B. The following criteria shall be considered in determining the amount of any civil penalty to be
assessed under this chapter:
1. The nature and extent of the person's involvement in the violation;
2. Whether the person was seeking any benefits, economic or otherwise, through the
violation;
3. Whether the violation was isolated and temporary, or repeated and continuous;
4. The magnitude and seriousness of the violation;
5. The costs of investigation and remedying the violation;
6. Whether any criminal prosecutions have occurred in regard to the violations; and
7. Any other relevant, applicable evidence bearing on the nature and seriousness of the
violation.
C. Any notice of violation issued pursuant to this chapter may be issued to and in the name of the
corporation, company, partnership, or person employed by the corporation, company, or
partnership. The only service requirement shall be whether the City provided reasonable
notice to the entity cited.
11.05.170 Fees as a Debt,Enforcement and Collection
A. All fees, penalties, and interest imposed by this chapter shall be a debt due and owning to the
City and may be collected by civil action in the name of the City. Any penalties remaining
unpaid after the due date shall accrue interest at 1-1/2 percent per month, compounded daily
from the due qate.
ORDINANCE No.00- Page 9
In addition, the City may revoke or deny renewal of any Registration to persons who have not
paid tonnage fees or civil penalties by the deadlines provided in this chapter of in
administrative rules adopted pursuant to this chapter
B. Fees, civil penalties, and interest shall be enforced and collected by the City. The City may
waive or reduce any penalties for good cause, according to and consistent with written
policies. The City may refer collection and enforcement to another jurisdiction.
11.05.180 Right of Appeal
A. Any person receiving a notice of violation, civil penalty shall, within 15 calendar days of the
issuance of the civil penalty, pay to the City the stated amount of the civil penalty or request an
administrative appeal hearing.
B. The filling of an appeal of a civil penalty shall stay the effective date of the civil penalty until the
appeal is determined by the Hearings Officer. If, pursuant to said appeal hearing, a civil
penalty is ordered, such payment must be received by the City or postmarked within 15
calendar days after the order becomes final.
11.05.190 Hearings Officer
A. The City shall have the authority to conduct administrative appeal hearings in accordance with
the requirements of this section or contract for administrative hearings services by
intergovernmental agreement with another unit of local government having procedures
substantially as set forth herein.
B. The City shall have the authority to schedule the hearings related to this chapter should.they
chose too hold such hearings.
C. The Hearings Officer shall hold a hearing on any timely appeal from the issuance of the notice
of violation. The Hearings Officer has the authority to administer oaths and take the testimony
of witnesses. The Hearings Officer may prescribe procedures for the conduct of such
hearings in conformity with those procedures set forth in ORS Chapter 183.
D. The appealing party or any other person having relevant evidence concerning the nature of the
violation shall be allowed to present testimony and documentary evidence at the hearing.
E. In all proceedings under this chapter, the Hearings Officer shall have discretion ordering
conditions, restrictions, and fines. The Hearings Officer may consider mitigating
circumstances on behalf of a party.
F. After due consideration of the arguments and evidence, the Hearings Officer shall determine
whether the violation alleged has been established by the City by a preponderance of the
evidence. If the violation has been established, or an answer admitting the violation has been
received, the Hearings Officer shall order the person cited to pay a civil penalty as provided in
this chapter, and may impose any additional conditions and restrictions permitted by this
ordinance or law.
G. The Hearings Officer shall issue a written decision containing findings of fact addressing the
allegations contained in the notice of violation. The decision shall clearly state the Hearings
Officer's conclusion and the reasoning based on the finning of fact.
ORDINANCE No.00- Page 10
H. Failure of a person to appeal the notice of violation or the unexcused failure to appear at a
duly scheduled hearing shall constitute a waiver by the party of any further appeal under this
chapter. Upon the entry of waiver in the record, the decision of the Hearings Officer shall
become final.
I. In addition to the tines assessed,the Hearings Officer may do the following:
1. Suspend, for a period of time specified by the Hearings Officer and not to exceed five
years,the Registration of the person; and
2. Require the person to make restitution to any person who has suffered economic loss in
connection with a violation of this chapter.
J. Appeals from a Hearings Officer's decision shall be upon writ of review to Circuit Court.
11.05.200 Other Remedies not Excluded
The provisions of this chapter are in addition to and not in lieu of any other procedures and remedies
provided by law; including but not limited to, citation under the City's Civil Infraction Code, equitable
relief, and damages.
11.05.210 Revocation and Denial of Registration
The City may revoke or deny renewal of a Registration for material violations of this chapter or the
Administrative Rules or under other conditions as follows:
A. Any Registrant who has accumulated within a 365 day period more than five material
violations.
B. Any Registrant who has failed to pay fees or civil penalties, as described in this Chapter.
C. Any Registrant who has been found by a court of competent jurisdiction to have practiced any
fraud or deceit upon the City of Tigard or any other governmental entity acting on behalf of the
City of Tigard under an intergovernmental agreement.
D. A Registrant whose motor carrier certificate or permit is revoked or not renewed or in any other
way fails to maintain its status as a motor carrier or private motor carrier under federal or state
law; or a Registrant whose franchise, as issued in accordance with Chapter 11.04, is revoked
or not renewed
11.05.220 Attorney's Fees
No person shall be entitled to the award of attorney's fees in any action initiated by the City under this
chapter.
11.05.230 Enforcement Actions Discretionary
Any action to enforce or require compliance with this chapter or other chapters concerning the
collection and transportation of solid waste shall be within the absolute discretion of the City.
11.05.240 Private Right of Action
A private enforcement cause of action is hereby created for any person to bring a civil action alleging
violation of this Residual Solid Waste Ordinance in a state court of appropriate jurisdiction, seeking
appropriate judicial remedies, including injunctive relief and damages. A copy of any such suit that is
filed shall be mailed or delivered to the Office of the Tigard City Manager when itis filed. Any person
who prevails in an action under this section, pertaining to private right of action, shall be entitled to
their reasonable costs and attorney's fees, including those on appeal
ORDINANCE No.OOy, — Page 11
11.05.250 Property Interest or Contract Right
The Tigard City Council reserved the right to modify'u`ie terms of this chapter or any chapter and the
rules adopted thereunder, relating to the collection and transportation of solid waste In the normal
exercise of its police powers for the protection of the health, safety and welfare of the public. Nothing
in said chapters or rules, including the issuance of franchises or registrations, shall be construed as
granting a property interest or contract right to any person.
11.05.260 Review
The rules and regulations adopted pursuant to this chapter shall be reviewed at least annually on or
before September 1 of each year.
11.05.270 Savings Clause
Should any section, clause or provision of this chapter 11.05 be declared by a court of competent
jurisdiction to be invalid, the same shall not affect the validity of this chapter as a whole, or any part
thereof other than the part so declared to be invalid, each section, clause, and provision hereof being
declared severable.
SECTION 2: Declaration of Emergency
The Tigard City Council finds that an emergency exists for the immediate protection of the health,
safety and welfare of the residents of the City of Tigard as the City needs to immediately implement
these rules to comply with federal law as interpreted by the courts, and accordingly this Residual Solid
Waste Ordinance shall be effective immediately upon enactment.
PASSED: By U(IMA'SAS vote of all Council members present after being read by number and
title only,this 1 A�day of 1- eexn ,2000.
raPW4�� 0 vAlg��=
Catherine Wheatley, C' Recorde
APPROVED: By Tigard City Council this lXt"-A day of .Dee ew+b!A 2000.
ames tariff h, yo
AP roved as to form:
L
CI yAttorney
Date
In/c:/my docs/aggkhapter 11.05 ord.doc
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