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11/20/1990 Packet . # is AGENDA UTILITY & FRANCHISE ADVISORY COMMITTEE TUESDAY, NOVEMBER 20, 1990 - 7:00 PM TIGARD CIVIC CENTER - TOWN HALL CONFERENCE ROOM 13125 SW HALL BLVD. TIGARD, OR 1. CALL TO ORDER 2 . ROLL CALL: McREYNOLDS BARRETT SULLIVAN IRWIN JACOBS WOGEN VACANCY 3 . Approve Minutes 4. Rate Structure update - Loreen Edin 5. Solid Waste Franchise Ordinance Review. Discuss Hauler's language proposals. 6. Other business 7. Adjournment TO ENSURE A QUORUM TO CONDUCT BUSINESS, PLEASE CALL LIZ NEWTON AT 639-4171, EXTENSION 308 IF YOU ARE UNABLE TO ATTEND. h:login\debbie\ut&f-a Gerry: Reasonable amount, but Council will decide. Loreen: Staff wants to develop fee to cover cost of administering ordinance. Gerry: Lee or Ken -- if you come up with something, call. Already approved with amendments. Lee: Amended franchise ordinance - even though ordinance was drawn up in 1978, it is a good ordinance. Two things in revising code: 1. Keeping up with legislature on subject of recycling - recycle despite market - problem of competition for more valuable recyclables. Desire of committee to tighten franchise to know who is collecting and who is benefiting. 2. Service redefined a collection of solid waste. Eliminate compensation as part of definition. Covered other changes in ordinance. Gerry: Wants new ordinance clear. He suggested that we study and discuss next month. By and large, charges are logical and in line with prior discussion. 9. City Council meeting may be changed to Tuesday night. This could conflict with the Utilities and Franchise meeting. Committee agreed on third Monday of the month to meet scheduling needs of the Utilities and Franchise Committee members. 10. Other business. Nancy Irwin's letter - result of typo in rate schedule. Tom says rate should be about $4.75 and would require Council action. Committee recommended correction; also to correct $10. 15 on the second can rate. The motion was passed unanimously. Meeting adjourned at 9:25 p.m. h:\login\loreen\U&W n • • "--J PLARRING NOV 05 1990 _ V ---------_ Q &. ASSOCIATES, iOrNINGSEN 382 S.W. Tigard Ave.• Tigard, Oregon 972 • X 503-620-5625 1-800-777-0090 O/17 FAX 503-620-5626 HEALTH INDUSTRY PRODUCTS/SYSTEM SPECIALISTS October 16 , 1990 City of Tigard 13125 S.W. Hall Tigard, Oregon 9722.3 We have stopped using Pride P u ou Disposal to ick r P P garbage. The reason for this decision is that we could not rely upon them, and the diversion relating from the continuous hassles they presented us . Questions ; How can they with a straight face call the company "Pride"? How did they ever manage to get a permit from the City of Tigard? Sincerely, t Wa er F. ennin en CEO WFH:bj t01?O 1t�11go HENNINGS N E & ASSOCIATES9 INC. PRODUCTS&CONSULTATION TO THE HEALTH INDUSTRY October 19, 1990 CITY OF TIGARD OREGON Mrs. Nancy J. Irwin 11135 SW 125th Avenue Tigard, OR 97223-3508 Dear Mrs. Irwin: At the 10/16/90 meeting, the Tigard Utility & Franchise Committee discussed your recent letter which noted concern regarding the increase in "on call" service rates. After some discussion, it became apparent to the Committee that there were two typographical errors in the rate structure. The Committee has unanimously recommended the City Council consider amending the rate structure to correct the typographical errors. This will be presented to Council in November with a recommendation that the amended rates be effective December 1, 1990. The rates proposed to be amended are as follows: "on call" service is $6.90 and is proposed to be $4.75; and "each additional can" service is $11.15 and is proposed to be $10.15. On behalf of the Utility and Franchise Committee, I would like to thank you for your letter of concern. To keep our community operating effectively, we depend on concerned citizens such as yourself. If you have any questions regarding this matter, please feel free to contact me. Sincerely, 1 G Xoreen'�`R. Edin Administrative Services Manager lre/ms 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 WASHINGTON COUNTY, OREGON Regional Solid Waste Management Plan Chapter 18: WASHINGTON County transferstations(i.e.where hauler fran- chise areas overlap). While the latter assump- tion was used for modeling purposes, the SYSTEM PLAN County is open to the idea of importing mutu- ally agreed upon amounts of Clackamas County The following outline for a System Plan was waste to a transfer/material recovery facility in passed unanimously by theWashington County the southeast portion of Washington County Solid Waste Facilities Design Steering Com- should Morn decide this would be useful for mittee on October 15, 1990. the overall efficiency of the regional solid waste system. WHAT SHOULD THE WASHINGTON 2. Number of'Tiansfer/Materiai Recovery COUNTY SYSTEM LOOK LIKE? Facilities The Steering Committee's Plan would put in 1.Washington County System Configura- plane no later than 1993 two transfer station/ tion Data/Assum tions material recovery centers with the immediate P II Metro's mid-range waste generation and dis- ability to handle at least 200,000 tons of waste poral projection has been used as the basis for annually and the future ability to handle up to this plan. The mid-range projection assumes a 300,000 tons annually. This is sufficient ca- 40%increase in the per capita waste disposal pacity through the-year 2003 if the mid-range rate between 1990 and 2013. The mid-range waste disposal forecast is accuram waste disposal projection is as follows: The existing facility facili at Forest Grove would be expanded to: ANNUAL WASTE TO BE HANDLED AT TRANSFER/MATERIAL RECOVERY STATIONS • acapacityof 120,000tons; and Residential Non-Residential Total - ' y TQC Tonc • include material recovery for at least commercial 1993 82,149 143,599 225,748 waste (residential still being studied). 2003 101.852 194,943 296,794 A facility in the Wilsonville area 2013 134,299 258,238 392,538 would be constructed with: • a start-up capacity of at least The projection assumes that no Washington 120,000 tons; County waste is shipped to transfer stations .the ability to expand as need de- outside of Washington County and only minor wands to handle a total of 175,000 amounts of waste are imported from Clacka- tons of Washington mas and Multnomah Counties to Washington County waste; October. 1990- 1 0 0 • a compactor, until a later time when more is known about the actual growth in waste disposal tonnage and • maximum material recovery for all evolution in the rapidly changing transfer sta- portions of waste stream which are cost- tion/material recovery field. Substantially effective today; and increased levels of recycling or controls on packaging may make it unnecessary to de- the ability preserved to add more velop the site at all. If the site is needed,Metro material recovery based on changing may wish to use it for a composter,high grad- cost-effectiveness. ing,or some use other than a standard transfer station/material recovery center. The mid-range projections indicate capacity to handle an additional 100,000 tons will be A summary of the System Plan follows. All of needed by 2013.Since this is the final 100,000 the tonnage figures need to be fine-tuned with tons in the regional system Metro is likely to additional technical analysis regarding the need maximum flexibility to.determine how economic needs of the facilities and site con- best to handle this tonnage. If Metro wishes, straints and opportunities. the County will help find a site in the Sunset Corridor area (Hillsboro)to,.procure immedi- 3.Post Collection.Material Recovery, atelyfordevelopmentin2003. This sitecotild Theregion'sgoalofachie4inga5696recycling be procured.-through a fid,ate suing procxss,: rats must be achieved or exceeded as soon as but owned by Metro. A de6i0oa on the,func- possible. The optimum siundon is to separate :;. _ , tion and operation of the site would be defwed as much recyclable material"out of`the waste • f .•� .Jl, APPROXIMATE AREA OF f TRANSFER STATION ,FUiURE SITE If NEEDED w MATERIAL RECOVERY SITE ~ HIGH GRADE FACILITY w IF NEEDED 25 t i w ar w ".«" w- a • w w- co so~ CNN TMNIII CO. �- •'.� i 1 TRANSFER STATION Cal L- MATERIAL RECOVERY STTE L WASHINGTON COUNTY SYSTEM PIAN t NOW"Co. october, 1990-2 WASHINGTON COUNTY TRANSFER/MATERML RECOVERY FACILITIES Approximate Tonnages 1990 1993 2003 2013 Forest Grove 65,000 105,000 120,000 120,000 Wilsonville N/A 120,000 175,000 175,000 Hillsboro N/A N/A N/A 100,000 stream as possible before it enters the transfer ing on the regional system needs at that time. It station. Any material which can be cost-effec- is assumed that the Hillsboro facility would be . tively.recovered after it enters the tranfer sta- privately operated, tion shouldbe recovered.The ability should be provided to expand stations for additional 6.Vertical Integration materi:71al recovery if more methods become Transfer station/material recovery facility. cost-effective in the future. ownership by haulers would be allowed so long as Metro controls the gatehouse opera- 4.High-Grade Processing tions of these facilities. Technical analysis.on the need for a separate high:odgprocessmgfac tyhasnotyetbegun. 7.Financing However,the waste disposal prnjcctious Mly The Forest Grove and Wilsonville facilities on substantial.levels of high grading (25,633 would be privately financed. Metro would tons in 1993 and 46,472 tons in 2013). If the determine how best to finance the Hillsboro technical analysis indicates that a high grade facility if it is needed. facility is warranted in the near' future the Steering Committee's plan would plhce such a &Facility Procurement facility in the Highway 217 corridor(Beaver The facility procurement for the Forest Grove. t0n)• and Wilsonville facilities would be-completed as follows: HOW SHOULD THE WASHINGTON • Metro, in cooperation with Washington COUNTY SYSTEM BE PUT IN PLACE? County, would complete the technical analy- sis, and establish minimum service standards S.Facility Ownership (e.g. material recovery rates) for the Forest. The Forest Grove facility would continue to be Grove and Wilsonville facilities. Additional privately owned by A.C. Trucking Company. technical analysis would also be conducted to The Wilsonville facility would be owned by fine-tunethe tonnage figures andphasing sched- United Disposal Service. If a facility in ules for these facilities. Hillsboro ultimately is needed Metro would have the flexibility to determine whether it •The owners of the Forest Grove and Wilson should be publicly or privately owned,depend- ville facilities would have 150 days to demon- October, 1990-3 strate their ability to finance and construct a could be supported. system which meets these minimum standards. Land use approvals,construction/designdraw- HOW SHOULD THE WASHINGTON ings and financial statements would also be COUNTY SYSTEM OPERATE? filed with Metro during this time period 10. Flow Control • If all minimum standards are met, and the Metro would guarantee flows based on service ability to put the system in place is demon- areas for the Forest Grove and Wilsonville- strated, Metro would negotiate a direct fran- facilities. chise for these two facilities. The tipping fee would be negotiated at this time, using the 11.Rates technical analysis and other existing Metro Technical analysis on Washington County rate facilities as benchmarks. impacts of this system are yet to be conducted. • If the above process does not result in suc- SUMMARY cessfully negotiated franchises,Metro would initiate a competitive bidding process-to pro- This SystemPlan meets the goal andobjectives cure a system based on the system configura- oftheRegionalSolidWasteManagementPlan. tion and other aspects of the System Plan and It is: the technical standards developed during this `'regionally balanced,cost effective,tech- process, nologically feasible,environmentally sound and publicly acceptable." •If Metro determines it wishes to put'a site for apotentialfu=elU sborofadlityinthe'banie' The Plan provides Metro wiIth the means to now,itcouldprocure it through aprivate siting meetthettaasfer/maLetialieco;eryneedswithia process. The County would actively partici- the`County for the next decade and the Maxi- pate with Metro to ensure that an appropriate mum flexibility toadaptthefinalcomponeatof site is secured. the system to realities in the year 2003. This Plan is supported by the public and private 9. Land Use Siting sector leadership in Washington'County and is The local governments in Washington County consistent with the existing transportation and would adopt clear and objective standards to land use systems in the County. The Steering site solid waste facilities at the earliest feasible` Committee believes this pig pis has time,consistent with the policy in the Regional been consistent with overall regional manage- Solid Waste;Manageanent Plan. The facility at meat and specifically Policy 16.0,which staters: Forest Grove is an outright permitted use and - could be expanded in the nature proposed in The implementation of the Solid waste the System Plan without further land use per- Management Plan shall give priority to mits. The Wilsonville facility has=a-local solutions developed at-the local level that permit to provide service for its own collection are consistent with all Plan policies." system, but will need an-expansion of-that permit to provide regional service at the levels The Steering Committee believes this plan- proposed in the System Plan. Preliminary ning piss is an excellent example of con- indications from the City are that a facility structive regional cooperation and looks for- owned and operated by United Disposal within ward to continuing its partnership with Metro the tonnage limits proposed in the System Plan in the implementation of this Plan. October, 1990-4 auuawiuroppings. "They smelled so bad," said Shelly Gillaspie of Aloha, miming an exaggerated grimace. Gillaspie, , who spent last year's Wave of Love n aA• day sorting laundry and raking .. � - leaves at a cerebral palsy center, hopes to visit the zoo again next .a , � year. is "They're really nice and they S appreciated us a lot," was Cagney } 1 `T Ravencroft's comment about the i € staff at the West Women's and Chil- dren's Shelter in Portland. Like a lot of her schoolmates, the Beaver- ton freshman thought her day of service was fun. ` But there was also an important lesson for Ravencroft at the shelter •- for homeless women and children. In the orchard behind the school St. Ma of the Valle freshman Jessica Slack of Newberg, a student at St. Mai "When you go down there," she � Mary y said, "you really realize how much Heather Italiano, Gladstone, fills a basket with apples. Behind are day-care center in Hillsboro.Other volunteers spi you have." Andrea Snyder(left),Portland,and Kristin Metzler,Tigard. Bed/verton CityCouncil a es highergarbage rates HIM HILLSBO Changing five-year collection franchises either excellent or very good. Less, teria it used to award the license ini- Union High 9 Y than 1 percent said service was tially. ing bids fron to 10 years also to be considered Monday poor. Companies holding franchises in in designing Eric Carlson,an analyst in Mayor Beaverton are Beaverton Sanitary school and e) BEAVERTON -The Beaverton reviewing the franchised haulers' Larry D. Cole's office, said the rea- Service, West Beaverton Sanitary ing high schot City Council will look Mondayat operating costs and disposal fees son for increasingthe franchise Service, Lou & Chuck's Sanitary p g p Service . The school Garbarino Sanitary Service raising city garbage rates an assessed by the Metropolitan Serv- period from five to 10 years was to �' ' district last average of 3.58 percent. ice District. hel the haulers a for new Eager Beaver Sanitary Service,Alo- p p p y imp ha Garbage Service,Valley Garbage bids. The council also will consider The department recommends that went they must buy to run their Service and Miller's Sanitary Serv- With enrc "amending its garbage collection reg- homeowners who now pay$9.86 per businesses and to comply with new. the schools 11lations so that haulers will be month for pickup of one can per recycling regulations. ice. offt given franchises for 10 years instead week be charged$10.21. It proposes The Beaverton and West Beaver- crowded,ommittee e of the current five. that apartment dwellers now Elms Magkamit,an analyst in the ton companies, both owned by Gus c The council meets at 6:30 p.m. in charged$8.78 monthly pay$9.09. finance department,said the haulers and Margaret Tonges, serve around spring that 'the Beaverton Public Library, 12500 City officials are recommending had reported halog er uble than getting ntwo existing c 90 percnt of the city.The remaining t loans forperiods S.W.Allen Blvd. Public testimony that all nine companies serving Bea- chise runs. companies serve peripheral terri- of the junior,I will be taken. verton have their franchises tory,much of it annexed recently. the increasin€ Beaverton annually reviews gar- renewed. The franchise proposal would 1,Formal adoption of the new rates The comm bage rates paid by city residents and The city surveyed the haulers' require the council to review the and new franchise ordinance is business owners. 13,828 residential and business cus- performance of each hauler in the expected at the council's Nov. 5 f' The city's Department of Finance tomers. Of the 6,135 who responded, fifth year of the 10-y6sr franchise. meeting. The current franchises proposed boosting the rates after 78.7 percent rated their service as The council would use the same cri- expire Nov.17. Fore S' unplugs . ° g tyGFire board Cooper rezoning leve r Monday, in( Mobile Home <u ALOHA —Tualatin Valley Fire through a contract with GTE North- communication system.Those based between different portions of the fire h x. °and Rescue, bowing to economics west, he said. GTE serves most of on a districtwide microwave system district,,he said. The meetin :a`°k•:<^`�> ..._a ._ ,,..a ,.„„,,.,:a:,.„ h.,.. hho rlicfrirt'e +orri+nr ♦.+hirh n., ....,n1.,nA ..;Fhnr ..—l— V7 nr"M*hn i1n+n­­+­--M hhn T,ioh4 and MEMORANDUM CITY OF TIGARD, OREGON TO: Utility & Franchise Committee FROM: Loreen Edin, Administrative Services Manager DATE: November 11, 1990 SUBJECT: Council Goals Update The Tigard City Council is working with various boards and committees this fiscal year. Among Council's goals are three which deal specifically with boards, they are: Goal 4: Clarify role of the Park Board, directing the Board to review and develop recommendations to update the Park and Recreation Master Plan consistent with Council philosophy and research and recommend a System Development Charge to support park development and land acquisition. Goal 5: Conduct joint training with Planning Commission and clarify role of Planning Commission. Goal 10: Review Solid Waste Franchise Ordinance - Utility & Franchise Committee. The review the U & F Committee is currently conducting of the Franchise Ordinance and rate structure has been recognized by the City Council as one of it main issues this year. le/ms c: Pat Reilly 47, e- C, 1 ► );LO)C' o f�CL Lc and-- etree --was e�, from hauling waste created .............. ;;that :::.cl}t ` *"'*. 3 in connection with such employment in equipment owned .::...:. j by that contractor and operated by that contractor's employees:::: (7) Prohibit the collection, transportation and reuse of repairable or cleanable discards by private charitable organizations regularly engaged in such business or activity including, without limitation, Salvation Army, Goodwill, St. Vincent De Paul, and similar organizations; (8) Prohibit the operation of a fixed location where the generator, producer, source or franchised collector of solid waste brings that waste to a fixed location for transfer, disposal or resource recovery; provided, however, that the establishment or maintenance of any such location brought into being after April 1, 1978, shall be only by permit issued by the city administrator; (9) Prohibit the collection, transportation or redemption of beverage containers under ORS Chapter 459; (10) Prohibit a person from transporting or disposing of waste that he produces as an incidental part of the regular carrying on of the business of janitorial service; gardening or landscaping service; or rendering; (11) Require franchisee to store, collect, transport, dispose of or resource recover any hazardous waste as defined by or pursuant to ORS Chapter 4-54 &; provided, however, that franchisee may engage in a separate business of handling such wastes separate and apart from this franchise and chapter; (12) Prohibit a nonprofit charitable, benevolent or civic organization from recycling wastes provided that such collection is not a regular or periodic business of such organization and that, for all such collection after April 1, 1978, a subcontract shall be obtained from the franchisee in the area or areas to be served or that a permit is obtained from the city administrator. (e) Where a permit is required from the city administrator, it shall be issued only upon a finding that the service is needed, has not been provided by the franchisee or, in the case of fixed base facilities, by other persons. The City Administrator shall give due consideration to the purposes of this chapter. He may attach such conditions as he determines are necessary to obtain compliance with this chapter and may restrict the term of such permit. The permittee will comply with all applicable provisions of this chapter. (f) Solid waste placed out for collection, whether or not source-separated, belongs to the franchisee when so placed; or, where placed out for collection by a permittee, belongs to the permittee. ''.'"':.'::<:::�Y::i:::..;ii:::::::5;}:i':yi`:;iii::i:.i::i:':;?Y.!•iiiiiii:'i}:,i♦i:"i:"iii}Ji:".ii:is is;.}}}}?i:.iY::v::::::v:::::'::::.:.:::::...:..:..................................... .. Ado arson aha . . ,.. . .. .......... perm: bon; a:f::> ran�Ia> se�. ..........: ...............:.........:::...::..::.::.:: PAGE 5 - CHAPTER 11. 04 [A47.LDK] (1) On or before March 1st, the franchisee shall file an annual report (Exhibit "C") with the city recorder for the year ending the previous December 31st. (2) The city administrator shall report to the council by April 1st on the franchisee reports and propose rate adjustments if any. He may make such recommendations as appropriate to the rate determination. A copy shall be delivered to each franchisee. (3) The council may set a hearing on any proposed rate adjustment. (4) Unless there is good cause shown and recorded in the minutes of the eeunt the council shall act upon any rate adjustment by May 31st; `and 'the adjustment shall take effect June 1st. Rate adjustments shall be b' resolution and order of the council. (5) The reports are required from each franchisee regardless of whether or not a rate adjustment is requested. (f) Emergency rates or an interim rate for a new or altered service may be set by the city administrator; provided, however, that an emergency or interim rate is not valid for more than six months from the effective date. The city administrator shall report any emergency or interim rate adopted together with justification to the council for action by resolution and order, if the rate is to continue for more than six months. (g) Rates established by the council are fixed rates and the franchisee shall not charge more or less than the fixed rate unless pursuant to subsection (b) (2) of this section. (h) Nonscheduled services shall be charged at the reasonable cost of providing the service taking into consideration the factors in subsection (c) of this section and as determined by franchisee. (i) In establishing rates, the council may set uniform rates, uniform rates by zone and different rates for collectors where there is a service and cost justification. (j) Until changed by the council, rates to be charged are those in effect on the effective date of the chapter. A schedule of those rates is attached to the ordinance codified herein, marked Exhibit "B" , and by this reference is incorporated herein. (k) If approved in a rate schedule, a "start charge" for new service and a "restart charge" for reinstituted service may be added. (1) Franchisee may request and the council shall schedule a public hearing on the application for adjustment or action of the council where no public hearing has been held prior to rate determination. (m) Franchisee may require payment for residential and multi- family residential service up to three months in advance, and may bill up to three months in advance, arrears, or any combination. Where billed in advance, franchisee will refund a prorated portion of the payment for any complete months in which service is not to be provided. Where billed in advance, no rate adjustment shall be effective until the end of the advance payment. PAGE 10 - CHAPTER 11. 04 [A47.LDK] y (n) Any person who receives solid waste service from the franchisees shall be responsible for payment for such service. The owner of a rental or lease facility shall be liable for payment for services provided to a tenant of such dwelling if the tenant fails to make timely payment for such services. The owner of any multiple-unit rental or lease facility having two or more units shall be primarily responsible for services provided to the occupants of such facility, and shall be billed for the services. (o) Franchisee may charge at time of service for drop-box service or for any customer who has not established credit franchisee. (Ord. 86-66, §§3-6, 1986; Ord. 83-19, §1, 1983 ; Ord. 78-64 §8, 1978) . 11. 04 . 100 Container requirements and collection limitations. In addition to compliance with ORS Chapter 459 and regulations promulgated pursuant thereto and in Section 11. 04. 100: (1) To achieve the purposes of this chapter, to prevent recurring back and other injuries to collectors and other persons, to comply with safety instructions to collectors from the State Accident Insurance Fund, and to comply with safety, health and environmental safeguards: (A) Solid waste ears—r�ceptse 'c3esgned for mama]'. ekg shall:; have • �;ee —sides tapering outward to the opening at the top that provides for unobstructed dumping of the contents, ewe-il er--two handles on opposite sides, a close-fitting lid with handle, not to exceed thirty-two gallons' capacity, and be watertight in construction ears shall be made of metal or some rigid material that will not crack or break in freezing weather;;: and shall be waterproof, rodent-res istent and easily cleanable ; Ne--selid 'aste—ean er ' ' xceed aril<sha' '< ?»> 'o > e us t „::::.;gross loaded weight establishedy state . law or <;5u.;;:.;::.;:.....;:.;:.;;:.: n1astie bags er seeurely wrapped in paper after being drained ef (B) Sunken refuse eees= eee or containers shall not be used, unless they are placecT 'aboveground by the owner for service. (C) On the scheduled collection day, the ser customer shall provide safe access to the pickup point which does not jeopardize the safety, of the driver of a collection vehicle or the motoring public or create a hazard or risk to the person providing service. C - epCs must be in a visible (from the street or alley) location which may be serviced and driven to by satellite vehicles where practical. Access must not require the collector to pass behind an automobile or other vehicle or to pass under low- hanging obstructions such as eaves, tree branches, clotheslines or electrical wires which obstruct safe passage to and from Bane reeptes;. -- 'e ; e must be p.., at ground level, ' outside of garages, fences and other enclosures, and within one hundred feet of the street right-of-way or curb. Where the city manager finds PAGE 11 - CHAPTER 11. 04 [A47.LDK] that a private bridge, culvert or other structure or road is incapable of safely carrying the weight of the collection vehicle, the collector shall not enter onto such structure or road. The arse — ' te shall provide a safe alternative access point or ................. ..:. system; .... (D) All solid waste cans- 1 located at single- family residences shall be placed together in one authorized location on the regularly scheduled collection day. (E) All solid waste receptacles, including but not limited to cans, containers and drop boxes, shall be maintained in a safe and sanitary condition by the customer-eruse-r. (F) Solid waste service customers shall place items not intended for pickup at least three feet from solid waste can(s) or container(s) . (G) No person shall block the access to a solid waste container or drop box. (11) Ne nesse" shall l elepesxz—material in tri—red ey_e witheut p -ems--ef franehisee. (I) Ne persens shall take are remeve any sejjd--%� ehapter= ( 4) No person shall place any hazardous waste, as defined by or pursuant to ORS Chapter 459- 66, out for collection by another person, franchisee or permittee, or place zt xn anj r sup ied :>::>: su »::::::a.::;.:pers�n, rnhisee car erm�ttee 6.j. ta:nc ::::><b.;::::. therso ; e :;::;::;:; :e t: �. and also upon compBance :. :. ; ;: P with any requirements of ORS Chapter459 `4 >t and any rules or regulations thereunder.nde r. :........... ............... ....... .. ............. ... .................... ...............................�:::::>::>:<�:;;::.:.;:.;;:;;. .::.�:::>::>::>���::::.:::����,�rr,�.:;;;;;tc� ravcie erv<ice ha:z:ardou ::>::: >::»::>: :::. :::: »::::.;::>::> ; . »:<::.. :.;was eA.:: ontanor..:.;:: a.z:a.rdou or..:::other:a ,;: :::::::.:::...................:::::::::::::.::.:.:::.............::::.::::::::: .,.. .::..: e.c al .waste A . tel:. ;;:.:>:;;:< abl ::.;:.;:.;::and::::::.::. aced.;::;;:;:. .n.:.:,;.a..;::::: . :::::::.:....................:::::::: .:.:_.::::::: : ocat. can a t.;sl�al:l . . he:::::.s:u. :.::... .::.:.:. .... ...:..:::::.:....; ..;:.::.....:::: ..:. .. ,. o .re u:�.rements (Zig All putrescble solid wastes shall be removed from any premises at least once every seven days, regardless of whether or not confined in any container, compactor, drop box or atY'""'- ear e . ( ) T: ? : cther than manual pku no men-custrmer shall use any solid waste collection container unless it is supplied by the franchisee or is approved by him on the basis of safety, equipment compatibility, availability or equipment and the purposes of this chapter. (Kid) Containers (and drop boxes) shall be cleaned by the customer or user; provided, however, that the franchisee shall paint the exterior and provide normal maintenance. The customer or user shall be liable for damage beyond reasonable wear and tear. (N) Container customers shall supply a location and properly maintain containers so as to meet standards of the PAGE 12 - CHAPTER 11. 04 [A47.LDKJ Consumer Products Safety Commission. (G) All leads ef selid wastes that may , blow- leak er etherw--- esea pe, and whether err-eelleetien vehicles vim' ethers, shall be eevered during transit te alspesaj er reseuree (ISP) No persen­gq: OV shall install a stationary compactor for collection unless the franchisee has been notified and has the necessary equipment to handle the solid wastes. shall be epriate l y labeled and- p3 eed re wren : ::::a>.:euc�nr d©mss nat::> tzu ;1 ta .>:::::o:f::>:the::; :.;:.; P:::: .::::.:.:.. :.:;::.::.:::.;:.;:.;:.;:.. .....prcv ons of.: eaa on l.x......... ........... .... .._...pr....b...c el4 arlhad� ttc .l. �...d.E... not�f :: the .::::::.:.:::.:::::.::;;:::..::;;:..::.....:.... ...::::.. Y. . .::.::.::;.;;:;c� r.. d:.:..; . .:.;:.; ..:::;.:.> ::>::» : :: . odn: ce.....:.;.; :ff� ... . ::.::::: :::::.:::............... .:: :: .::.:::::::::::...::.::::::.::::..................n :::.Q........:..:q.:::.r.:::::.. .. . .Y. ......... v. :::::A.:.::::�.::::.::::::v:::.:::::.:�::.::... ......:.:.::::::::::::::::::::::::::::::::::..::..:::::.:�. ............::::::::::::::::::.�.�::::::::.�::.: . ::............:.:::::::::::::::::..�:. :.. Z' ttta sratro >::»tie nonompl a,ance< customer.ma be:: charX. ed ..........Y :.::._:. .::..:..:....::::.:::::::::::..::::::::::::: yg:.::. :..:;:.:;::;:.;:.:: ..::...... .... ...:..:. . .:... .... (2) No stationary compactor or other container for commercial or industrial use shall exceed the safe-loading design limit or operation of the collection vehicles provided by the franchisee serving the service area. Upon petition of a group of customers reasonably requiring special service, the city counsel may require the franchisee to provide - . . i —€ems—vehicles capable of handling specialized loads, including but not limited to front- loading collection trucks and drop-box trucks and systems. (3) To prevent injuries ton= -Tcsotes and collectors, stationary compacting devices for hand ing`solid wastes shall comply with applicable federal and state safety regulations. (4) Any vehicle used by any person to transport wastes shall be so loaded and operated as to prevent the wastes from dripping, dropping, sifting, blowing or otherwise escaping from the vehicle onto any public right-of-way or lands adjacent thereto. (ORd. 78- 64 §15, 1978) . 11. 04 . 110 Offensive wastes prohibited. No person shall have waste on property that is offensive or hazardous to the health or safety of others or which creates offensive odors or a condition of unsightliness. (Ord. 78-64 §16, 1978) . 11. 04. 120 Unauthorized deposits prohibited. No person shall, without authorization and compliance with the disposal site requirements of this chapter, deposit waste on public property or the private property of another. Streets and other public places are not authorized as places to deposit waste except as specific provisions for containers have been made. (Ord. 78-62 §17, 1978) . PAGE 13 - CHAPTER 11. 04 [A47.LDK] 11. 04 . 130 Interruption of franchisee's service, The franchisee agrees, as a condition of a franchise, that whenever the city council finds that the failure of service or threatened failure of service would result in creation of an immediate and serious health hazard or serious public nuisance, the city council may, after a minimum of twenty-four hours' actual notice to the franchisee and a public hearing if the franchisee requests it, provide or authorize another person to temporarily provide the service or to use and operate the land, facilities and equipment of a franchisee to provide emergency service. The city council shall return any seized property and business upon abatement of the actual or threatened interruption of service, and after payment to the city for any net cost incurred in the operation of the solid waste service. (Ord. 78-64 §10, 1978) . 11. 04. 140 Termination of service by franchised'. The franchisee shall not terminate service to all or a portion of his customers unless: (1) The street or road access is blocked and there is no alternate route and provided that the franchisee shall restore service not later than twenty-four hours after street or road access is opened; (2) As determined by the franchisee, excessive weather conditions render providing service unduly hazardous to persons providing service or to the public or such termination is caused by accidents or casualties caused by an act of God, a public enemy, or a vandal, or road access is blocked; (3) A customer has not paid for provided service after a regular billing and after a seven-day written notice from the date of mailing, which notice shall net—be sent h6t:::less than fifteen days after the first regular billing; or (4) Ninety days written notice is given to the city council and to affected customers and written approval is obtained from the city council; (5) The customer does not comply with the service standards of Section 11. 04. 100 of the chapter. (Ord. 78-64 §11, 1978) . 11. 04 . 150 Subcontracts. The franchisees may subcontract with others to provide a portion of the service where the franchisees do not have the necessary equipment or service capability. Such a subcontract shall not relieve the franchisees of total responsibility for providing and maintaining service and from compliance with this chapter. (Ord. 78-64 §121 1978) . 11. 04 . 160 Rules and regulations. The city administrator or his designee may propose and prepare rules and regulations pertaining to this chapter. The rules and regulations shall be printed or typewritten, and be maintained for inspection in the office of the city recorder. All proposed rules and regulations promulgated under the authority of this section, and all amendments PAGE 14 - CHAPTER 11. 04 [A47.LDK] i thereto, shall be immediately forwarded to the franchisee operating under this chapter for his response. The franchisee shall have thirty days to respond in writing to such proposed rules and regulations. The rules and regulations and any amendments thereto shall be approved by the city council following said thirty-day period. (Ord. 78-64 §14, 1978) . 11. 04. 170 Enforcement officers. The city administrator shall enforce the provisions of this chapter, and his agents, including police officers and other employees so designated, may enter affected premises at reasonable times for the purpose of determining compliance with the provisions and terms of this chapter. (Ord. 78-64 §13, 1978) . 11. 04 . 180 Violation deemed misdemeanor when--Penalty. Violation by any person of the provisions of subsection (b) of Section 11. 04 . 020 o »�aab . 46 se: txans::<:::..:. : �:. or subsections (1) (G) through (1) ( a (1)fPq} K} �h and, ...... . ...............................:.........:...:..........................................::�:�:�:.;:.+::: r Section 11. 04 . 100 U o OAr'z of "thi"s- .....chapter shall be deemed a .... mi6' emeanor and shall be punishable, upon conviction, by a fine of not more than five hundred dollars. (Ord. 78-64 §19, 1978) . PAGE 15 - CHAPTER 11.04 [A47.LDK]