Ordinance No. 09-05 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 09- Dom'
AN ORDINANCE E NDING TIGARD MUNICIPAL CDDECHAPTER 11.04 TO INCLUDE A
BUSINESS RECYCLING REQUIREMENT
WHEREAS,Metro's Regional Solid Taste Management Plan (RSVAT) governs solid waste in the Portland
metropolitan area,including Tigard;and.
INFIEREAS, Metro recently adopted a "Business Recycling Requirement" in the RSM', which requires
businesses to separate and recycle any recyclable materials,and
VIHEREAS,City businesses need to comply with the new Business Recycling Requirement;and
'�[-IEREAS,an increase in business recycling will assist the Metra region in achieving the waste reduction goals
set forth in the RSVA4P;and
WFEREAS, the City wants to assist local businesses with their recycling efforts and also wants to help`meet
waste reduction goals,and
VA EREAS,the Tigard Municipal Gode does not currently address business recycling;'and
AREAS,the attached amendments to Tigard Municipal Code Chapter 11.014 will:
Add a Business Recycling Requirement to the Code,
Bring Tigard into compliance with the requirements of the RSWMP.
- (lean-up unclear language and outdated citations, and update reporting deadlines to correspond with
those of other local Jurisdictions.
NOW,TliEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECIION1: Chapter 11.04 of the Tigard Municipal Code is amended as shown in Exhibit A. (All
amended text is in red,with strife-through test deleted and underlined text inserted)
SECTION2: This ordinance shall be effective 30 days after its passage by the Council, signature by the
Mayor,and posting by the City Recorder.
PASSED: By U 1111101 2LA vote of all Council members present after being read by ntunber
and title only,this `-'day of AL, ' ,2009.
Catherine Wheatley,City Recorde
ORDINANCE No.09- _ �
Page 1
APPROVED: By Tigard City Council th s clay of—"��'' t� �_: ,20
Craig irksen,Mayor
Jitv
proved as'to fermi
Attorney
Date
ORDINANCE No.09-
Page 2
All amended text is in red with
strike-thorough text deleted and Exhibit A
underlined text added.
TIGARD MUNICIPAL CODE
Chapter 11.04 SOLID WASTE management ordinance," and may be so cited and
MANAGEMENT. pleaded, and shall be cited herein as "this
chapter." (Ord. 91-36 §I Exh. A(part), 1991: Ord.
11.04.010 Title For Citation. 78-64 §1, 1978).
11.04.020 Purpose,Policy And Scope Of
Chapter Provisions. 11.04.020 Purpose,Policy And Scope Of
11.04.030 Definitions. Chapter Provisions.
11.04.040 Franchise--Granted To Certain
Persons—Scope Of Regulations. I,. It is declared to be in the public interest
11.04.050 Franchise--Term--Automatic for the City of Tigard to establish this policy
Renewal When. relative to the matters of solid waste management
11.04.060 Franchise—Fees. to:
11.04.065 Franchises Records.
11.04.070 Responsibility Of Franchisee. a. Provide sufficient waste volume to
11.04.080 Franchise—Transfer, sustain solid waste management facilities
Suspension,Modification Or necessary to achieve resource recovery goals
Revocation--Conditions. established by the City, County, State Department
11.04.090 Rates For Service. of Environmental Quality and Metropolitan
11.04.100 Container Requirements And Service District;
Collection Limitations.
11.04.105 Stationary Solid Waste b. Provide the basis for agreements
Compactors. with other governmental units and persons for
11.04.110 Offensive Wastes Prohibited. regional flow control to such facilities;
11.04.120 Unauthorized Deposits
Prohibited. c. Insure safe accumulation, storage,
11.04.130 Interruption Of Franchisees and collection,transportation, disposal or resource
Service. recovery of solid waste;
11.04.140 Termination Of Service By
Franchisee. d. Insure maintenance of a financially
11.04.150 Subcontracts. stable, reliable solid waste collection and disposal
11.04.155 Business Rerveling service;
Reguirement.
11.04.160 Rules And Regulations e. hisure rates that are just, fair,
A lies le To Franc Issas: reasonable and adequate to provide necessary
11.04.165 Rules And Re ula nno, service to the public;
A
Mica is To Businesses
Pursuant To BusinessRqUghLn1 f. Prohibit rate preference and other
Requirement- discriminatory practices which benefit one
11.04.170 Enforcement. customer at the expense of other customers of the
11.04.180 Penalty. service or the general public;
11.04.010 Title For Citation. g. Conserve energy and material
resources;
The ordinance codified in this chapter shall
be known as the "City of Tigard solid waste h. Eliminate overlapping service to
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reduce truck traffic, street wear, air pollution and 42. "Compactor" means a stationary or sell-
noise; contained powered machine which remains
stationary when in operation with operating
il Provide standards for solid waste controls designed to compact solid waste from
service and public responsibilities;and multifamily residential, industrial or commercial
customers into either a detachable or integral
J, Provide technologically and container. The term "compactor", does not
economically feasible recycling by and through include a household, mechanical device located
solid waste collectors° and-. within a residential dwelling, which is used
exclusively by the occupants of that dwelling.
k. To comply with the Business The term "compactor" does not include any
Egg�Iin �Re ti�irement set _forth�inM�etro mechanical device used by a franchisee which is
Regional Government Code Chapter 5.10.330. attached to the franchisers mobile collection
vehicle.
2. No person shall:
5-3. "Curbside" means solid waste
a. Provide service, offer to provide receptacles placed by the customer for pickup
service or advertise for the performance of service within five feet of a public roadway or at a
without having obtained a franchise from the City; location approved by the franchisee.
b. Accumulate, store, collect, 64, "Customer" means any person who
transport, dispose of or resource recover solid receives service from a fi-anchisee or permittee,
waste except in compliance with this chapter,
other City codes, and Chapter 459, Oregon eeteFL'
Revised Statutes, dealing with solid waste DevelopmentDireoto
r-.
management and regulations and amendments
promulgated under any of the foregoing. (Ord. 91- 76. "Franchise" means the right to provide
36 §1 Exh.A(part), 1991: Ord. 78-64§2, 1978). service granted to a person pursuant to this
chapter.
11.04.030 Definitions.
8-7. "Person" means any individual,
1. "Business"' means any entity of one or partnership, association, corporation, business,
mo esonss:corporate or tithe ise, end ed in trust, firm, estate,joint venture or other public or
commercial. nrofessional, charitable, oolitical, private legal entity.
industrialeducational or other activitythatis
non-residential in nature includin-taublic bodies, 99. "Placed out for collection" means solid
waste has been placed by the customer for service
I "Business reflAiclip customer" by the franchisee under the requirements of this
glean
jL_pgson who, enters into a service chapter.
a cement with a waste hauler or recycler for
business recycling services. 109."Putrescible material" means organic
materials that can decompose and may give rise to
31. "Council" means the City Council of the foul-smelling, offensive odors or products.
City of Tigard.
4-011. "Resource recovery" means the
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process of obtaining useful material or energy
resources from solid waste and including energy 16-5."Solid waste management" means the
recovery, materials recovery, recycling and reuse prevention or reduction of solid waste;
of or from solid waste. management of the storage, transfer, collection,
transportation, treatment, utilization, processing
4-121. "Recycling" means any process by and final disposal of solid waste; or resource
which solid waste materials are transformed into recovery from solid waste; and facilities used for
new products in such a manner that the original those activities. (Ord. 91-36 §1 Exh. A (part),
products lose their identity. 1991: Ord. 78-64 §3, 1978).
132. "Reuse" means the return of a 17. "Source se erste" me s the eustonaer
commodity into the economic stream for use in sevarates recyclable material from solid waste,
the same kind of application as before without a
change in its identity. 11.04.040 Franchise—Granted To Certain
Persons—Scope Of Regulations.
14-3. "Service" means the collection,
transportation, storage, transfer, disposal of or 1. Subject to the provisions of this section,
resource recovery of solid waste, including solid this chapter, the City Charter, and any
waste management. amendments to these documents, there is hereby
granted to the following persons an exclusive
154. "Solid waste" means all putrescible and franchise to provide service within the exclusive
nonputrescible wastes, including, but not limited area shown within a map of existing franchised
to, garbage, rubbish,refuse,ashes, wastepaper and areas on the effective date of the ordinance
cardboard; residential, commercial, industrial, codified in this chapter, which map is attached
demolition and construction wastes; discarded hereto, marked "Exhibit A," and by reference is
home and industrial appliances; vegetable or incorporated in this section.
animal solid and semisolid wastes; dead animals,
infectious wastes as defined in ORS 459.387, and 2. The franchisees are:
other wastes.
a. Area 1. Pride Disposal Company,
a. For the purpose of this subsection, Michael Leiclmer, President, P.O. Box 820,
"waste" means any material that is no longer Sherwood, OR 97140;
wanted by or is no longer usable by the generator,
producer or source of the material, which material b. Area 11. U.S.A. Waste of Oregon,
is to be disposed of or to be resource-recovered by Inc., d.b.a. Miller's Sanitary Services, 5150 S. W.
another person. The fact that materials, which Alger Avenue,Beaverton,OR 97005;
would otherwise come within the definition of
"waste", may from time to time have value and c. Area Ell. Pride Disposal Company,
thus be resource-recovered does not remove them Michael Leichner, President, P.O. Box 820,
from this definition, Source-separated wastes are Sherwood, OR 97140.
"wastes" within this subsection.
3. Where any area is annexed to the City of
b. The term "solid waste" does not Tigard and the area had been franchised by
include any "hazardous waste" as defined by or Washington County for solid waste collection
pursuant to ORS Chapter 466, service prior to annexation, the county franchise
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shall be recognized as to the area; but service, vehicle for collection and transport of any waste
term'and other requirements shall be those of this produced by that person at the time of enactment
chapter. If the area was franchised to any of those of the ordinance codified in this chapter, may be
listed in 11.04.040.2 of this section, the area shall allowed continued use of the vehicle under the
be added by the City Manager by amendment to following conditions:
"Exhibit A." For persons other than those listed in
11.04.040.2 of this section, an acceptance of (a) A person must provide
franchise must be signed and recorded as provided the following information to the City no later than
in Section 11.04.070 of this chapter. January 31, 1992:
4. Nothing in this franchise or this section 1) Owner's name,
shall: address and phone number,
a. Prohibit any person from collecting 2) Each vehicle
or transporting any waste, produced by that identification number,
person, from the site at which it is produced, in a
vehicle with a gross vehicle axle weight rating of 3) Site(s) at which
no more than ten thousand pounds directly to an waste is collected, and
authorized disposal or recycling or resource
recovery facility or resource recovering waste 4) Type of operation(s)
produced by that person, so long as that person which is producing the waste.
complies with this chapter, other City ordinances,
and Chapter 459 Oregon Revised Statutes,dealing (b) The City Manager, or
with solid waste management, and regulations designee, shall grant the request for
promulgated under any of the foregoing. For nonconforming use status based on the following
purposes of this subsection, solid waste produced criteria:
by a tenant, licensee, occupant or similar person is
produced by such person and not by the landlord, 1) The information was
property owner or agent of either the landlord or postmarked no later than January 31, 1992, and
property owner, and except as provided in this
section, no person shall provide services to any 2) Vehicle, location
tenant, lessee or occupant of any property of such and type of operation was in operation on January
person, and the landlord or property owner shall 16, 1992.
provide service through the franchisee. The
vehicle weight limitation in 11.04.040.4.a does (2) It is the purpose and intent of
not apply to the transportation of any material this subparagraph to permit the nonconforming
authorized by another subdivision of 11.04.040.4, use status to continue until January 31, 1999, after
which time use of a vehicle with a gross vehicle
(1) As of the effective date of this axle weight rating of more than ten thousand
ordinance, any person collecting or transporting pounds for the collection and transport of any
any waste, produced by that person, using a waste produced by that person shall be prohibited,
vehicle rated at more than ten thousand gross The site where the waste is produced may be
vehicle axle weight will be using a changed, however, the vehicle(s) and the type of
nonconforming vehicle. In order to avoid undue operation(s) must remain the same or the
hardship, any person using a nonconforming exemption provided in this subparagraph shall not
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apply. There shall be no transfer or expansion of including, without limitation, Salvation Army,
the exemption to use a vehicle with a gross Goodwill, St. Vincent de Paul, and similar
vehicle axle weight rating of more than ten organizations;
thousand pounds.
i. Prohibit the operation of a fixed
b. Prohibit a generator of source location where the generator, producer, source or
separated recyclable material from selling or franchised collector of solid waste brings that
exchanging such material to any person for fair waste to a fixed location for transfer, disposal or
market value for recycling or reuse; resource recovery; provided, however, that the
establishment or maintenance of any such location
c. Prohibit any person from brought into being after April 1, 1978, shall be
transporting, disposing of or resource recovering, only by permit issued by the City Manager;
sewage sludge, septic pumpings and cesspool
pumpings; j. Prohibit the collection,
transportation or redemption of beverage
d. Prohibit any person licensed as a containers under ORS Chapter 459;
motor vehicle wrecker under ORS 481.345 et seq.
from' collecting, transporting, disposing of or k. Prohibit a person from transporting
utilizing motor vehicles or motor vehicle parts; or disposing of waste that is produced as an
incidental part of the regular carrying on of the
e. Prohibit the City Council from business of janitorial service; gardening or
withdrawing certain solid waste services by landscaping service; or rendering. (These sources
amendment to this chapter on the basis of a do not include the collection, transportation or
finding that such regulation is not necessary for disposal of accumulated or stored wastes
the implementation of the purposes of this chapter generated or produced by other persons);
or a city, county or metropolitan service district
solid waste management plan; 1. Require franchisee to store, collect,
transport, dispose of or resource recover any
f. Prohibit any person transporting hazardous waste as defined by or pursuant to ORS
solid waste through the City that is not collected Chapter 466; provided, however, that franchisee
within the City; may engage in a separate business of handling
such wastes separate and apart from this franchise
g, Prohibit a contractor registered and chapter,
under ORS Chapter 701 from hauling waste
created in connection with the demolition, in. Prohibit a nonprofit charitable,
construction, or remodeling of a building or benevolent or civic organization from recycling
structure or in connection with land clearing and solid waste; provided, that such collection is not a
development. Such waste shall be hauled in regular or periodic business of such organization.
equipment owned by the contractor and operated The organizations shall comply with all applicable
by the contractor's employees; provisions of this chapter;
h. Prohibit the collection, n. Prohibit any municipal corporation,
transportation and reuse of repairable or cleanable special district, state or federal governmental
discards by private charitable organizations entity from accumulating, storing, collecting,
regularly engaged in such business or activity transporting, disposing or resource recovering
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solid waste generated from or by the operations of be provided, the franchisees shall be given a
those entities as long as the entity complies with reasonable opportunity to provide the service or
this chapter, other City ordinances, and Chapter subcontract with other persons to provide it;
459 Oregon Revised Statues, dealing with solid
waste management, and regulations promulgated c. If franchisees do not provide the
under any of the foregoing. service within the specified reasonable time, the
Council may issue a franchise or franchises for
5. Where a permit is required from the City that service and limited to on-route recycling, A
Manager, it shall be issued only upon a finding franchisee under this subdivision I shall comply
that the service is needed, has not been provided with all applicable requirements of this chapter.
by the franchisee or, in the case of fixed base
facilities, by other persons. The City Manager d. Nothing in this subsection shall
shall give due consideration to the purposes of this prevent the franchisees from instituting on-route
chapter. He may attach such conditions as he recycling prior neither to a Council determination
determines are necessary to obtain compliance nor from including income and expense in the rate
with this chapter and may restrict the term of such justification section,
permit. The permittee will comply with all
applicable provisions of this chapter. e. Section 11.04.070j requires
franchisees to provide the opportunity to recycle,
6. Solid waste placed out for collection, to include on-route recycling, in accordance with
whether or not source-separated, belongs to the applicable law. This subsection is intended to
franchisee when so placed; or, where placed out provide a process by which the Council may
for collection by a perraittee, belongs to the create on-route recycling requirements in addition
permittee. to those found in other applicable law, (Ord, 03-
08, Ord. 99-18; Ord. 99-03; Ord. 91-36 §1 Exh. A
7. No person shall deposit material in or (part), 1991: Ord. 86-66 §§1, 2, 1986; Ord. 78-64
remove material from any drop box or container §4, 1978).
supplied by a franchisee without permission of
franchisee. 11.04.050 Franchise—Term--Automatic
Renewal When.
8. No person shall take or remove any
solid waste placed out for collection by a 1. The rights, privileges and initial-
franchisee or permittee under this chapter. franchise granted herein shall continue and be in
fall force to and including the thirty-first day of
9. Notwithstanding other provisions of this December, 1988, subject to terms, conditions and
section, if the Council finds that on-route payment of franchise fees to the City as set forth
recycling is technologically and economically in this chapter.
feasible and directs that it be instituted:
2. Unless the Council acts to terminate
a. Franchisees shall be given advance further renewals of the franchises herein granted:
-notice of a hearing on the subject and an each January 1st,the franchises are automatically
opportunity to be heard; renewed for a term of ten years from the January
I st renewal; on January 1, 1993, the franchises are
b. If,after the hearing and on the basis automatically renewed for term of nine years; on
of written findings, the Council directs the service January 1, 1994, the franchises are automatically
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renewed for a term of eight years; and, on January 2. The City may audit or review the books
1, 1995, and on each January Ist thereafter, the and records as it deems necessary. Information
franchises are automatically renewed for a term of obtained from such audits or reviews may be used
seven years from the January Ist renewal. (Ord. to determine the amounts due to the City under
9236 §1, 1992; Ord. 91-36 §1 Exh. A (part), the provisions of this fi-anchise agreement. Such
1991: Ord. 78-64 §5, 1978). information may also be used by the City to
determine costs of particular services, to
11.04.060 Franchise—Fees. determine changes to the schedule of solid waste
rates, or for any other regulatory purpose related
1. As compensation for the franchise to the administration of this chapter, The City
granted to each franchisee and for the use of city shall maintain the confidentiality of such records
streets, the franchisee shall pay to the City a fee, to the extent allowed by the Oregon Public
the amount of which is contained in the Master Records Law. However, the City may provide
Fee Resolution in effect at the time the franchise information obtained pursuant to this franchise to
agreement is adopted. Such fees shall be other governmental agencies involved in the
computed on a quarterly basis and paid within regulation of the provision of solid waste services.
thirty days following the end of each quarter If such information is shared, the City shall, prior
calendar year period. Each franchisee shall to delivery of the information, receive a written
maintain an adequate bookkeeping system assurance from the receiving agency that the
showing the gross cash receipts resulting from the confidentiality of the information shall be
solid waste services conducted under the maintained to the extent allowed by the Oregon
franchise. Records shall be open at all times for Public Records Law. (Ord. 91-36 §1 Exh. A
audit by authorized personnel designated by the (part), 1991).
City Manager.
11.04.070 Responsibility Of Franchisee.
2. Willful misrepresentation of gross cash
receipts by a franchisee shall constitute cause for I. The franchisees shall:
immediate revocation of the franchise,pursuant to
Section 11.04.080 of this chapter. a. Resource-recover or dispose of
wastes collected at sites approved by the City that
3. The franchise fee shall be in lieu of any are in compliance with Chapter 459, Oregon
business license or regulatory fee or tax, but shall Revised Statutes and regulations promulgated
not be in lieu of any ad valorem tax, imposed by thereunder,
the City of Tigard. (Ord. 03-08, Ord. 02-05, Ord.
78-64§6, 1978). b. Provide and keep in force public
liability insurance, with a thirty-day cancellation
11.04.065 Franchises Records. clause, with a combined single limit of one
million dollars, relating to a single occurrence,
1. Franchisee shall keep accurate books which shall be evidenced by a certificate of
and records related to all solid waste activities. insurance filed with the City Recorder. The City
Such books and records shall be open to shall be named as an additional named insured on
inspection by the City, its attorney, or other the policy. The insurance shall indemnify and
authorized agent at any time during the save the City harmless against liability or damage
franchisee's business hours. which may arise or occur from any claim resulting
from the franchisee's operation under this chapter.
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In addition, the policy shall provide for the said call unless a later pickup is agreeable to the
defense of the City for any such claims. customer. Special hauling of containers or drop
boxes supplied by franchisee is dependent upon
c. Furnish sufficient collection availability of those containers or boxes,
vehicles, containers, facilities, personnel, finances
and scheduled days for collections in each area of j. Provide the opportunity to recycle
the City necessary to provide all types of service to all residential, commercial and industrial
required under this chapter or subcontract with sources of recyclable material in compliance with
others to provide such service pursuant to this state and local laws and regulations including,
chapter; without limitation, this chapter, other provisions
of the City code, applicable Metropolitan Service
d, Provide a cash security deposit or a District and state Department of Environmental
performance bond in the amount of five thousand Quality rules and regulations and the Oregon
dollars to guarantee payment to the City or other Recycling Opportunity Act (Chapter 729, Oregon
affected person of a judgment secured against the Laws 1983). The opportunity to recycle shall
franchise holder because of work performed that include on-route or depot collection of source-
does not conform to the requirements of this separated recyclable material, a public education
chapter or other ordinances of the City. The and promotion program that encourages
deposit or bond shall continue until one year after participation in recycling, and notification to all
expiration of the franchise, or until all claims or customers of the opportunity and terms of
demands made against the franchisee have been recycling service. In addition,the franchisee shall
settled or secured; provide regular opportunities for disposal of
nonputrescible waste, yard debris, discarded
e. Collect no single-family residential appliances and other waste and shall comply with
solid waste before five am. or after seven pm. state and local laws and regulations adopted from
unless this condition is waived by the City time to time for the specific waste materials.
Manager or designee;
2. A franchisee may require a contract
f. Provide collection and disposal of from a customer who requires an unusual service
solid waste from all City facilities, City parks, involving added or specialized equipment solely
City sidewalk containers and City activity areas at to provide that service. The purpose of this
no cost to the City on a regular schedule; subsection is to prevent the added cost from being
assessed against other ratepayers if the customer
g. Make collection no less often than later withdraws from service. (Ord. 03-08, Ord.
once each week, except for will-call collections 91-36 §1 Exh. A (part), 1991: Ord. 78-64 §7,
and drop box operations, and except as provided 1978).
in Section 11.04.140;
11.04.080 Franchise—Transfer,
h. Permit inspection by the City of the Suspension,Modification Or
franchisee's facilities, equipment and personnel at Revocation--Conditions.
reasonable times;
1. The fi-anchisees shall not transfer this
i. Respond to all calls for special franchise or any portion thereof to other persons
hauling requiring equipment regularly supplied by without sixty days' prior written notice of intent
franchisee within ninety-six hours of receiving and the subsequent written approval of City
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Council, which consent shall not be unreasonably condition within a time specified in the notice to
withheld. The City Council shall approve the the franchisee and without a public hearing prior
transfer if the transferee meets all applicable to taking such action.
requirements met by the original franchisees. A
pledge of this franchise as financial security shall 3. The City or any one of the franchisees
be considered as a transfer for the purposes of this may propose amendments to this franchise.
subsection. The City Council may attach Proposed amendments shall be in writing and
whatever conditions it deems appropriate to delivered to the City Manager and the franchisees,
guarantee maintenance of service and compliance The City Manager shall present the proposed
with this chapter. amendments to the solid waste advisory
committee ("committee") or a similar committee
2. Failure to comply with a written notice approved by the City Council. The committee
to provide the services required by this chapter or shall review the proposed amendments and make
to otherwise comply with the provisions of this a recommendation to the City Council. The
chapter after written notice and a reasonable committee may hold public hearings, obtain
opportunity to comply shall be grounds for additional information, negotiate and undertake
modification, revocation or suspension of other activities to prepare a recommendation to
franchise. the City Council. Both the City Manager, or
designee, and the franchisees shall be invited to
a. After written notice from the City attend meetings of the committee to comment on
Council that such grounds exist, franchisee shall the proposed amendments and be otherwise
have thirty days from the date of mailing of the available as resources to the committee. After
notice in which to comply or to request a public review of the proposed amendments to the
hearing before the City Council. franchise, the City Council may, after public
hearing, adopt the amendments. After adoption
b. If franchisee fails to comply within by the City Council, the franchisees may sign an
the specific time or fails to comply with the order acceptance of the amendments. I-lowever, when
of the City Council entered upon the basis of the amendment is adopted pursuant to Sections
written findings at the public hearing, the City 11.04.020.1.a, 11.04.020.1.b, and 11.04.020.1d,
Council may suspend, modify or revoke the 11.04.020.2.b, 11.04.040.4.e, 11.04.040.9, and
franchise or make such action contingent upon 11.04.080.1 and 11.04.080.2, the franchisees shall
continued noncompliance. sign an acceptance of the amendment. The
franchise shall be amended upon acceptance of
c. At a public hearing, franchisee and the amendments by the franchisees, (Ord. 03-08,
other interested persons shall have an opportunity Ord. 91-36 §1 Exh. A(part), 1991: Ord, 78-64 §9,
to present oral, written or documentary evidence 1978).
to the City Council, The finding of the City
Council thereon shall be conclusive; provided, 11.04.090 Rates For Service.
however that such action may be reviewed by a
court on a writ of review. 1. The rates to be charged to all persons by
the franchisee shall be reasonable, uniform, and
d. In the event that the City Council based upon the level of service rendered or
finds an immediate and serious danger to the required by state or local laws or regulations, haul
public through creation of a health or safety distance, concentration of dwelling units and other
hazard, it may take action to alleviate such factors which the City Council considers to justify
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variations in rates that outweigh the benefits of legislative body has raised or lowered the cost of
having a single rate structure unless otherwise providing service or there is a substantial increase
noted in this chapter; in the cost of doing business that was not provided
for in the previous rate adjustment, rate
2. Nothing in this section is intended to adjustments shall be made annually on the
prevent: following schedule:
a. The reasonable establishment of a. On or before March-4stl5th, the
uniform classes of rates based upon length of franchisee shall file an annual report, in a form
haul.; type of waste stored, collected, transported, required by administrative rule, with the City
disposed of, salvaged or utilized; or the number, Recorder for the year ending the previous
type and location of customer's service, or the December 31 st.
type of services; the service required by laws and
regulations; or upon other factors as long as such b. The City Manager shall report to
rates are reasonably based upon the cost of the the Council by April 4-415th on the franchisee
particular service and are approved by the City reports and propose rate adjustments, if any. The
Council in the same manner as other rates; City Manager may make such recommendations
as appropriate to the rate determination. A copy
b. The franchisee from volunteering shall be delivered to each franchisee.
service at reduced cost for a civic, community,
benevolent or charitable program. c. The Council may set a hearing on
any proposed rate adjustment.
3. Rates to be charged by the franchisees
under this chapter shall be set by the City Council d. Unless there is good cause shown
by resolution as deemed necessary by the Council. and recorded in the minutes of the Council, the
Except, changes in charges to the franchisees for Council shall act upon any rate adjustment by
solid waste disposal site fees and other similar May 31st, and the adjustment shall take effect
charges directly related to the transportation and June Ist. Rate adjustments shall be by resolution
disposal of solid waste, imposed by a of the Council.
governmental agency shall be included in the
rates, provided such changes are evenly e, The reports are required from each
distributed among the rates. The franchisees shall franchisee regardless of whether or not a rate
provide sixty days' written notice with adjustment is requested.
accompanying justification for all other proposed
rate changes. The Council shall give due 6. Emergency rates or an interim rate for a
consideration to the purposes of this chapter and new or altered service may be set by the City
the annual report filed by the franchisees in Manager; provided, however, that an emergency
evaluating the proposed rate changes. or interim rate is not valid for more than six
months from the effective date. The City
4. The franchisee shall be provided with Manager shall report any emergency or interim
thirty-day prior written notice with accompanying rate adopted together with justification to the
justification for a City-initiated reduction in rate Council for action by resolution and order, if the
schedule. rate is to continue for more than six months.
5. Unless a governmental unit or 7. Rates established by the Council are
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Fixed rates and the franchisee shall not charge service for drop box service or for any customer
more or less than the fixed rate unless pursuant to who has not established credit with franchisee,
subsection 11;04.090:2. of this section. (Ord. 03-08, Ord, 91-36 §1 Exh. A (part), 1991:
Ord. 86-66 §§3--6, 1986; Ord. 83-19 §1, 1983;
8. Nonscheduled services shall be charged Ord. 78-64 §8, 1978).
at the reasonable cost of providing the service
taking into consideration the factors in subsections 11.04.100 Container Requirements And
11.04.090.2B and 11,04,0903C of this section Collection Limitations.
and as determined by franchisee.
1. In addition to compliance with ORS
9, In establishing rates, the Council may Chapter 459 and regulations promulgated in it and
set uniform rates, uniform rates by zone and in this section:
different rates for collectors where there is a
service and cost justification. To achieve the purposes of this chapter,
to prevent recurring back and other injuries to
10. Until changed by the Council, rates to collectors and other persons, to comply with
be charged are those in effect on the effective date safety instructions to collectors from the State
of the ordinance codified in this chapter. Accident Insurance Fund, and to comply with
safety, health and environmental safeguards:
11. If approved in a rate schedule, a "start
charge" for new service and a "restart charge" for a. Solid waste receptacles designed
reinstituted service may be added. for manual pickup shall: have sides tapering
outward to the opening at the top that provide for
12. Franchisees may request and the unobstructed dumping of the contents, two
Council shall schedule a public hearing on the handles on opposite sides, a close-fitting lid with
application for adjustment or action of the Council handle, not to exceed thirty-two gallons' capacity,
where no public hearing has been held prior to and be watertight in construction; shall be made of
rate determination. metal or some rigid material that will not crack or
break in freezing weather; and shall be
13. Franchisee may require payment for waterproof, rodent-resistant and easily cleanable;
residential and multifamily residential service up and shall not exceed the gross loaded weight
to three months in advance, and may bill up to established by state law or regulation.
three months in advance, arrears or any
combination. Where billed in advance, franchisee b. Sunken refuse receptacles or
will refund a prorated portion of the payment for containers shall not be used, unless they are
any complete months in which service is not to be placed aboveground by the owner for service.
provided. Where billed in advance, no rate
adjustment shall be effective until the end of the c. On the scheduled collection day,
advance payment. the customer shall provide safe access to the
pickup point which does not jeopardize the safety
14. Any person who receives solid waste of the driver of a collection vehicle or the
service from the franchisees shall be responsible motoring public or create a hazard or risk to the
for payment for such service. person providing service. Receptacles must be in
a visible (from the street or alley) location which
15. Franchisee may charge at time of may be serviced and driven to by satellite vehicles
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where practical. Access must not require the appropriately labeled and placed in a location
collector to pass behind an automobile or other inaccessible to the public. If the container is
vehicle or to pass under low-hanging obstructions reusable, it shall be suitable for cleaning and be
such as eaves, tree branches, clotheslines or cleaned. (See also requirements of ORS Chapter
electrical wires which obstruct safe passage to and 466 and rules and regulations thereunder.)
from receptacles. Receptacles must be at ground
level, outside of garages, fences and other i. All putrescible solid wastes shall be
enclosures, and within one hundred feet of the removed from any premises at least once every
street right-of-way or curb. Where the City seven days, regardless of whether or not confined
Manager finds that a private bridge, culvert or in any container, compactor, drop box or other
other structure or road is incapable of safely receptacle.
carrying the weight of the collection vehicle, the
collector shall not enter onto such structure or j. If for other than manual pickup, no
road. The customer shall provide a safe customer shall use any solid waste collection
alternative access point or system. container unless it is supplied by the franchisee or
is approved by the franchisee on the basis of
d. All solid waste receptacles located safety, equipment compatibility, availability of
at single-family residences shall be placed equipment and the purposes of this chapter.
together in one authorized location on the
regularly scheduled collection day. k. Containers (and drop boxes) shall
be cleaned by the customer; provided, however,
e. All solid waste receptacles, that the franchisee shall paint the exterior and
including but not limited to cans, containers and provide normal maintenance. The customer shall
drop boxes, shall be maintained in a safe and be liable for damage beyond reasonablewearand
sanitary condition by the customer. tear.
f, Solid waste service customers shall L Container customers shall supply a
place items not intended for pickup at least three location and properly maintain containers so as to
feet from solid waste receptacles. meet standards of this chapter.
g. No person shall block the access to 2. If a customer does not comply with any
a solid waste container or drop box. of the provisions of subdivision 1 . 4.1 0.l of
this section, the franchisee shall not be obligated
h. No person shall place any to provide service to that customer. Franchisee
hazardous waste, as defined by or pursuant to shall immediately notify the customer and the
ORS Chapter 466, out for collection by another City of the noncompliance. Customer may be
person, franchisee or permittee or place it in any charged as if the service had been rendered.
container supplied by such a person, franchisee or
permittee without prior written notification and 3. No stationary compactor or other
acceptance by the person, franchisee or permittee, container for commercial or industrial use shall
and also upon compliance with any requirements exceed the safe-loading design limit or operation
of ORS Chapter 466 and any rules or regulations of the collection vehicles provided by the
thereunder. Franchisee may decline to provide franchisee serving the area. Upon petition of a
service for hazardous waste. A container for group of customers reasonably requiring special
hazardous or other special waste shall be service, the City Council may require the
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franchisee to provide vehicles capable of handling the franchisee's hauling equipment, signed by the
specialized loads, including but not limited to franchisee;
front-loading collection vehicles and drop-box
vehicles and systems. c. The Community Develooment
Director shall process the pen-nit as a ministerial
4. Any vehicle used by any person to decision.
transport wastes shall be so loaded and operated
as to prevent the wastes from dripping, dropping, 3. Approval Criteria. Applicant shall
sifting, blowing or otherwise escaping from the demonstrate that:
vehicle onto any public right-of-way or larlds
adjacent thereto. (Ord. 03-08, Ord. 91-36 §1 Exh. a. The compactor is compatible with
A(part), 1991:Ord. 78-64 §15, 1978). the franchisee's hauling equipment;
11.04.105 Stationary Solid Waste b. The proposed site plan provides
Compactors. adequate maneuvering distances for the franchise
hauler's equipment and maintains adequate and
1. To achieve the purpose of this chapter to safe access for all other vehicles and pedestrians
make stationary waste compaction compatible as required by local, state or federal law;
with the equipment of franchised haulers, and to
comply with safety, health and environmental c. The compactor and applicant can
requirements, permits for compactors shall be comply with any applicable federal, state and
issued by the Community_Development Director local health, safety and environmental regulations
or designee according to the following procedures including, but not limited to, OAR 437-02-242;
and criteria: and this section;
2. Procedure, d. Adequate opportunity for recycling
has been provided and the area where the
a. Submit a permit application to the franchisee collects separated recyclable materials
community development department together with is at central locations accessible to the franchisee's
the required fee. hauling equipment;
b. Provide the following e. The compactor can adequately
documentation along with the permit application: serve the purpose for which it is installed,
including:
(1) Site plan which indicates the
location of the compactor; maneuvering distance (1) Able to hold all wastes
showing the compactor can be picked up, generated by the permittee,
transported and returned by the franchisee; where
applicable, receptacles at the same location as the (2) Accessible and easy for the
stationary compactor for separated recyclable permittee and its tenants and employees to insert
materials to be collected and transported by the waste into the compactor in a safe manner,
franchisee; all buildings,parking areas, fences and
major landscaping features; (3) Safety measures to prevent
unauthorized or accidental operation, or attraction
(2) Letter of compatibility with to minors,and
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c. The compactor will undergo
(4) Sanitary and tight design to regular preventive maintenance and adequate
prevent waste from leakage, dropping, blowing or emergency maintenance shall be available;
otherwise escaping from the compactor or
unauthorized removal of waste from the d The compactor and operation of the
compactor. compactor shall remain in compliance with all
representations made in the application for and the
f. The compactor shall be located permit issued for the operation;
outside of any required building setback areas
and/or required buffered areas as required by the e. There will be no operation of the
applicable zoning district and related community compactor between the hours of nine p. . and
development code or municipal code standards. seven a.m.
g. The Comm "ti Develo ent b. Safety. No stationary compactor or
Director may waive the setback requirements if other container for multifamily residential,
the permittee can demonstrate that this amount of commercial or industrial use shall exceed the safe-
setback will be impractical. Additional screening loading design limit or operation of the collection
or other noise reduction measures may be vehicles provided by the franchisee serving the
required. area.
4.. Conditions of Approval Authorized, 7. Health. Compactors containing
Revocation. The Com unity Development putrescible waste shall be emptied at least weekly.
Director may approve the permit subject to
reasonable conditions, related to the approval 8. Preexisting Compactors. Any
criteria. The Director may revoke a permit if the compactor regulated by this chapter that was in
permittee does not correct violations of this use on-site prior to the effective date of the
section; or any other applicable provisions of this ordinance codified in this chapter shall comply
chapter, upon order of the City Manager or with this chapter one year after the adoption of the
designee following the procedure set forth in the ordinance;provided the Co unity Devlo rrtea
code. The permittee shall comply with the Director may require immediate compliance with
provisions of this section at all times while the this chapter to carry out the health and safety
permit is in effect. provisions of this chapter.
5. {operational Standards. At all times the c}. Assignment. Permittee may not assign
applicant and the compactor shall remain in the permit.
compliance with the following requirements:
10. Reimbursement for pines. Permittee
a. Compliance with any applicable shall reimburse the franchisee for any fines
federal, state and local health, safety and incurred by the franchisee for weight or
environmental regulations including; but not environmental violations, or any other violations
limited to,OAR 437-02-242 and this section; caused by the ownership, operation or use of the
compactor.
b. The compactor and surrounding
area will be kept clean at all times; 11. Signing. Each container shall be clearly
labeled with the name, address and telephone
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number of the permittee and the name of an of twenty-four hours' actual notice to the
individual to contact. franchisee and a public hearing if the franchisee
requests it, provide or authorize another person to
12. Violations. Franchisee shall not be temporarily provide the service or to use and
obligated to transport a compactor that violates operate the land, facilities and equipment of a
the provisions of this section. On notice from franchisee to provide emergency service. If a
franchisee to permittee and the City, permittee public hearing is requested by the franchisee, it
shall immediately correct the violation. If may be held immediately by the City Council
permittee does not correct the violation, after compliance with the minimum notice
franchisee shall report the violation to the City. requirements for such meetings established by the
Oregon Public Meetings Law. The City Council
13. Permit Fee. Permittee shall pay the City shall return any seized property and business upon
an initial permit fee as adopted by Council abatement of the actual or threatened interruption
resolution. (Ord. 03-08, Ord. 91-36 §1 Exh. A of service, and after payment to the City for any
(part), 1991). net cost incurred in the operation of the solid
waste service. (Ord, 91-36 §1 Exh.A(part), 1991:
11.04.110 Offensive Wastes Prohibited. Ord. 78-64 §10, 1978).
No person shall have waste on property that 11.04.140 Termination Of Service By
is offensive or hazardous to the health or safety of Franchisee.
others or which creates offensive odors or a
condition of unsightliness. (Ord. 91-36 §l Exh. A The franchisee shall not terminate service to
(part), 1991: Ord.78-64 §16, 1978). all or a portion of the customers unless:
11.04.120 Unauthorized Deposits 1. The street or road access is blocked and
Prohibited. there is no alternate route and provided that the
franchisee shall restore service not later than
No person shall, without authorization and twenty-four hours after street or road access is
compliance with the disposal site requirements of opened;
this chapter, deposit waste on public property or
the private property of another. Streets and other 2. As determined by the franchisee,
public places are not authorized as places to excessive weather conditions render providing
deposit waste except as specific provisions for service unduly hazardous to persons providing
containers have been made. (Ord. 91-36 §1 Exh. service or to the public or such termination is
A(part), 1991: Ord. 78-62 §17, 1978). caused by accidents or casualties caused by an act
of God, a public enemy, or a vandal, or road
11.04.130 Interruption Of Franchisees access is blocked;
Service.
3. A customer has not paid for provided
The franchisee agrees, as a condition of a service after a regular billing and after a seven-
franchise, that whenever the City Council finds day written notice from the date of mailing, which
that the failure of service or threatened failure of notice shall be sent not less than fifteen days after
service would result in creation of an immediate the first regular billing; or
and serious health hazard or serious public
nuisance, the City Council may, after a minimum 4. Ninety days written notice is given to
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the City Council and to affected customers and authority of this section, and all amendments
written approval is obtained from the City thereto, shall be immediately for to the
Council; franchisee operating under this chapter for
response. The franchisee shall have thirty days to
5. The customer does not comply with the respond in writing to such proposed rules and
service standards of Section 11.04.100 of this regulations. If the franchisee has objections or
chapter. (Ord. 91-36 §1 Eich. A (part), 1991: Ord. revisions to the proposed rules, the franchisee
78-64§11, 1978). shall meet and confer with the City Manager
regarding the franchisees concerns. If the
11.04.150 Subcontracts. concerns are not resolved through consultation
with the City Manager, then the City Manager
The franchisees may subcontract with others shall forward the proposed rule, with the
to provide a portion of the service where the franchisees comments, to the City Council for its
franchisees do not have the necessary equipment consideration. The franchisee may request that
or service capability. Such a subcontract shall not the City Council hold a public hearing on a
relieve the franchisees of total responsibility for proposed rule. The Council may approve the
providing and maintaining service and from proposed rule as submitted, modify the rule, or
compliance with this chapter. Franchisee shall reject the rule. The City Manager shall enact all
provide written notice to the City of the rules pqrsuarst to this subsection by written order.
franchisee's intention to subcontract any portion of (Ord. 03-08, Ord. 91-36 §1 Ela. A (part), 1991:
the service prior to entering into such agreement. Ord. 78-64 §14, 1978).
(Ord. 91-36 §1 Exh. A (part), 1991: Ord. 78-64
§12, 1978). 11.04.165 Rolm And R
egulations
Ap
Alicable To Businesses Pursuant To
11.04.155 Business Recydjgg,. e alta �nt usiness Regyggge t i e errT
Unless otherwise e enrpt a1113usizre sea d 1. —Adoption of Administrative Rules and
Business RecyclLmg_ Service Customers shall Supplemental Re�Iations.
comvlv with the Business Ree yijina Rinni irement
Perforinance Standard set forth in Metro Re Tonal a. The City Council has the authority
Governinent—Mode Section 5.10.330 and the to adnnt the initial administrative rules and
administrative rules and suvolemental re irlatioris
supple ental regulations related to the nrovisicsns
adopted pqtsof the Business RecvclinLy Reouirement, Such
in TMC 11.04.165 initial rules gad re natio _shall b�eado adopted by
resolution.
11.04.160 Rules And Regulations
A crr le to T ranch sees. b. The Public Works Director has the
authority to adopt and amend the administrative
The City Manager or designee may propose rules and supplemental r xulations related to the
and prepare rules and regulations Vplicable to provisions of the bus" ass Recyclrn
franchisees thatp ertaining to this chapter. The Requirement. The Public Works Director has the
rules and regulations shall be printed or authori i to administer the rules and reulatiqns
g--
typewritten, and be maintained for inspection in whether adopted by the City Council or by the
the office of the City Recorder. All proposed Public Works Director. Rules subsemwent to the
rules and regulations promulgated under the initial rules adopted by City Council will be
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adted according to the procedures in this
section, a. Interim rules will be effective for a
;period`of not lop er th 1tD days:.:
2. Permanent Rules. Prior to the adoion
Mt
qf"a iso rmanent_iale, the Public Works Director b, Not more than 30—days after
will: adoption of an interim mie,-pulilic notice of the
interim rule must be published in a news aper of
a. Publish a notice in a newspgpgr of
gever eircglation in the City. Such notice must
gene l circulation the tya The notice must identify the location at which copies iLes of the full set
be2tiblished not less than fourteen days before the of the interim rules may be obtained.
deadline for receint of comments. The notice
Lhall-2rovide a brief description of the sub ects 4:. All
j-- __�perrqanem and interim rules must be
covered by !h!m-prMRDoq�se�dru1e-le; final rigue for filed in the office of the Public Works Director.
acceotance of written ccs nients, the location to
submit comments and the location where copies 11.04.170 Enforcement.
of the full spf the -proposed-rules-may be
obtained. 1. The City Manager shall enforce the
provisions of this chapter, and the rules and
b. The Public Works Director will rpplations-ado Rted pursuant thereto the City's
receive written comments rPA-Yarding the sed agents, including, but not finuted_to, police
rules, The Director will take into consideration officers and other employees so designated, may
the written comments received and may either enter affected premises at reasonable times for the
gdo
lst. odify or refect the proposed rule,
purpose of determining compliance with the
provisions and terms of this chapter. However,no
c. If a substantial modification is premises shall be entered without first attempting
made to to obtain the consent of, the owner or person in
Director control of the premises if other than the owner. If
rule or provide additional public comments prior consent cannot be obtained, the City
tgado ption: representative shall secure a search warrant from
the City's Municipal Court before further attempts
d. Unless otherwise state
L-4. a[l rules to gain entry, and the City shall have recourse to
will be effective on the fourteenthdayafter every other remedy provided by law to secure
"do on b the Public Works Director unless a entry. (Ord. 03-08, Ord. 91-36 §1 Eich. A (part),
written protest is received b the I3lrector. 1991: Ord, 78-64 §13, 1978).
e. If written 2rotest of the 'res used 2. A franchisee shall have a cause of action
So
rule is received by the Public Works Director on in Washington County Circuit Court against any
or before the fourteenth day after ado ption. the person providing service in the Tigard city limits
Director shall refer the rule to the Cit v Council for without having a franchise in violation of Section
1Rublic hearin - The Council may ado t, modify 11.04.040. The cause of action includes any
appropriate relief,including injunctive relief.
contents of the-prorrosed,rule shall be fing.1 and
Lffective upon assn e. a. Notice to City Manager. Before a
franchisee may commence a civil action, the
3. Interim Rules. franchisee must provide thirty days written notice
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to the City Manager, The City Manager may elect 11.04.180 Penalty.
either to enforce the provisions of this chapter in
accordance with 11.04,170, or allow the Violation by any person of the provisions of
franchisee to commence a civil action in this chapter, or the rules And relations adopted
Washington County Circuit Court against the pursuant to Section 11.04.160 or 11 04.165, or of
person in violation of Section 11.04.040. If the a permit issued pursuant to Section 11.04.105,
City Manager fails to respond to the notice, the shall be deemed a Class 1 civil infi-action and
franchisee may proceed with the civil action. A shall be punishable according to the provisions set
franchisee may not commence a civil action if the forth in Chapter 1.16 of this code. (Ord. 91-36 §1
City Manager is pursuing enforcement actions. Exh.A(part), 1991: Ord. 78-64 §19, 1978),Il
b. Damages. Any person providing
service in the Tigard city limits without having a
franchise pursuant to Section 11.04,040 will be
subject to the following damages: lost customer
revenue to be paid to the franchisee; unpaid
franchise fees owed to the city pursuant to Section
11.04.060, which shall be paid to the City of
Tigard; liquidated damages in the amount of$500
for each violation to be paid to the City of Tigard
in lieu of imposition of the civil penalty; and any
other legal remedies available. The court shall
award reasonable attorney fees to the prevailing
party.
c. Violations. For purposes of
liquidated damages in subsection b, each incident
of service provided without a franchise shall be a
separate violation. Incident of service means each
and every individual act of service, as defined by
1 1.04.030,05�4, performed by the violator. For
example, providing service without a franchise by
hauling a drop box for a person on six occasions is
six violations.
d. Indemnity. The City of Tigard
shall have no liability for the franchisee's attorney
fees and costs incurred for electing to pursue
enforcement under these provisions. Any
franchisee who elects to act under this provision
shall indemnify the City of Tigard in the event of
any claims filed against the city arising out of the
franchisee's enforcement actions brought under
the provisions of this chapter. (Ord. 07-01)
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