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10/16/1990 - Packet AGENDA UTILITY & FRANCHISE ADVISORY COMMITTEE TUESDAY, OCTOBER 16, 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 WALSH WOGEN _ 3 . Approve Minutes 4. Washington County Wasteshed - Waste Reduction Plan. Delyn Kies, Washington County Solid Waste Management Coordinator. 5. Election Information - Pat Reilly, City Administrator, and Wayne Lowry, Finance Director. 6. Solid Waste Franchise Ordinance Amendment - Attorney Lee Kell and Haulers. 7. Meeting place and time. 8. Other business 9. Adjournment TO ENSURE A QUORUM TO CONDUCT BUSINESS, PLEASE CALL LIZ NEWTON AT 639-4171, EXTENSION 308 IF YOU ARE UNABLE TO ATTEND. da/ut&f-a WASHINGTON COUNTY mull! I Waste Reduction Plan Budget Local Revenue Local Metro Cooperative Metro Available to Government Outright Administrative Matching Government Franchised Generated "Challenge" Program Multi-family Generated Haulers or Revenue Grant Funds Support Grant Funds Matching Cities by Funds Jurisdiction Washington County $138,546 $82,539 $138,546 $30,751 $66,692 $61,503 Beaverton 0 28,988 28,988 10,800 0 21,600 Cornelius 0 3,343 3,343 1 ,246 0 2,491 Durham 0 1,500 1,500 195 0 390 Forest Grove 0 7,976 7,976 2,972 0 5,944 Hillsboro 0 22,142 22,142 8,249 0 16,498 King City 0 1,500 1,500 477 0 954 Sherwood 0 1,965 1,965 732 0 1,464 Tigard 0 17,715 17,715 6,600 0 13,200 Tualatin 0 8,736 8,736 3,255 0 6,510 Wilsonville 0 3,724 3,724 1 ,415 0 2,830 $138,546 180,128 $236,135 $66,692 $66,692 $133,384 A Cooperative Recycling Program of Washington County and the Cities of Banks, Beaverton, Cornelius, Durham, Forest Grove, Gaston, Hillsboro, King City, North Plains, Tigard, Tualatin, Sherwood, and Wilsonville Waste Reductih Tasks - Year V Task 1. Identify revenue sources to fund programs. Task 2. Implement weekly recycling collection in neighbor- --~ hoods. Task 3. Prepare and schedule the implementation of a recycling Task 4. Implement by ordinance, container collection system. 4 �- �.— resolution or administrative rule an r institutional purchasing policy. 00 , Task 5. Cooperate in reaching ' ( other regional goals as they are developed in yard debris collection, material recovery, and other resource recovery activities, � Task 6. Hire or designate staff to serve as a waste reduction coordinator. Task 7. All rates are regulated �" �► through either franchise or license agreement. Task 8. All county/city buildings -- start office paper recycling pro- Task 9. Multi-family collection grams. containers are distributed. q r � Task 10. Second year work plan is written and submitted on time. p CHAPTER 11. 04 SOLID WASTE MANAGEMENT Sections• 11. 04 . 010 Title for citation. 11. 04 . 020 Purpose, policy and scope of chapter provisions. 11. 04 . 030 Definitions. 11. 04 . 040 Franchise--Granted to certain persons--Scope of Regulations. 11. 04 . 050 Franchise--Term--Automatic renewal when. 11. 04 . 060 Franchise--Fees. 11. 04 . 070 Responsibility of franchise. 11. 04 . 080 Franchise--Transfer, suspension, modification or revocation--Conditions. 11. 04 . 090 Rates for service. 11. 04 . 100 Container requirements and collection limitations. 11. 04 . 110 Offensive wastes prohibited. 11. 04 . 120 Unauthorized deposits prohibited. 11. 04 .,130 Interruption of franchisee' s service. 11. 04 . 140 Termination of service by franchise. 11. 04 . 150 Subcontracts. 11. 04 . 160 Rules and regulations. 11. 04 . 170 Enforcement officers. 11. 04 . 180 Violation deemed misdemeanor when--Penalty. 11. 04 . 010 Title for citation. The ordinance codified in this chapter shall be known as the "city of Tigard solid waste management ordinance, " and may be so cited and pleaded, and shall be cited herein as "this chapter. " (Ord. 78-64 §1, 1978) . 11. 04 . 020 Purpose, policy and scope of chapter provisions. (a) It is declared to be in the public interest for the city of Tigard to establish this policy relative to the matters of solid waste management to: PAGE 1 - CHAPTER 11. 04 [A47.LDK] (1) Provide sufficient waste volume to sustain solid waste management facilities necessary to achieve resource recovery goals established by the city, county, State Department of Environmental Quality and Metropolitan service District; (2) Provide the basis for agreements with other governmental units and persons for regional flow control to such facilities; (3) Insure safe accumulation, storage, collection, transportation, disposal or resource recovery of solid waste; (4) Insure maintenance of a financially stable, reliable solid waste collection and disposal service; (5) Insure rates that are just, fair, reasonable and adequate to provide necessary service to the public; (6) Prohibit rate preference and other discriminatory practices which benefit one yrs—customer: : ' at expense of other .............. of the service or tfi " ge"heiral public; (7) Conserve energy and material resources; (8) Eliminate overlapping service to reduce truck traffic, street wear, air pollution and noise; (9) Provide standards for solid waste service and public responsibilities; and (10) Provide technologically and economically feasible recycling by and through solid waste collectors. (b) No person shall: (1) Provide service, offer to provide service or advertise for the performance of service without having obtained a franchise from the city of Tigard; (2) Accumulate, store, collect, transport, dispose of or resource recover solid waste except in compliance with this chapter, other city ordinances, and Chapter 459 , Oregon Revised Statutes, dealing with solid waste management and regulations and amendments promulgated under any of the foregoing. (Ord. 78-64 §2 , 1978) . 11. 04. 030 Definitions. (a) "Geyapensatien" means and inelud�s-- (1) Any type ef censideration paid fer 9--.-V Inelueling, witheut limitalien, rent, lease payfaents and any el-he. direet or *ndireet prevision for payment ef meney, geeds, serviees er benefits by ewner-9, tenants, lessees, eeetipants er sirflilar persens , (2) The emehange ef se, between pei-senst and- (3) The flew ef eensideratien from the person e.v...*,.,, W� pessessing the selid waste te the persen previding the serviee e-r frefft the persen previding the serviee to the person ewning ar ------ing the solid waste. a "Council means the city council of the city of Tigard. srustcmer� means any person .................... V. ::service ; from.. a.m,:" ........... t.... r.:A*'*h'...ch1see"::""c c "Franchise"his 6-11 means the right to provide service granted PAGE 2 CHAPTER 11. 04 [A47.LDK] to a person pursuant to this chapter. (d) "Person" means any individual, partnership, association, corporation, .:.:>fi »>;:.>:;;;;:.;:.;:.:>:.. p hausa:ndtsty> trust, firm, estate, joint venture or ott er.. pUbl'ic....or...pr vate legal entity. (e) "Putrescible material" means organic materials that can decompose and may give rise to foul-smelling, offensive odors or products. (f) "Resource recovery" means the process of obtaining useful material or energy resources from solid waste and including energy recovery, materials recovery, recycling and reuse of or from solid waste. (g) "Recycling" means any process by which solid waste materials are transformed into new products in such a manner that the original products lose their identity. (h) "Reuse" means the return of a commodity into the economic stream for use in the same kind of application as before without a change in its identity. (i) "Service" means the collection— and transportation, storage; transfer, d sposal of or ;resource recczver of solid waste,; _...:.. inclining solid wastemanagement. (j ) "Solid waste" means all putrescible and 'non-putrescible wastes, including but not limited to garbage, rubbish, refuse, ashes, wastepaper and cardboard; residential, commercial, industrial, demolition and construction wastes; discarded home and industrial appliances; vegetable or animal solid and semisolid wastes; dead animals, and other wastes. (1) For the purpose of this subsection, "waste" means any material that is no longer wanted by or is no longer usable by the generator, producer or source of the material, which material is to be disposed of or to be resource-recovered by another person. The fact that materials, which would otherwise come within the definition of "waste" may from time to time have value and thus be resource-recovered does not remove them from this definition. Source-separated wastes are "wastes" within this subsection. (2) The term "solid wastes" does not include any "hazardous waste" as defined by or pursuant to ORS Chapter 459-466.. (Ord. 78-64 §3 , 1978) . . waste man gementi mems the prevention o reduction of .:sold :wastes management of the; storage; transfer,' collection, transpozatian, treatment; utilization; processing and fzn!al dposal of solzcl wase, Qr resource recovery from 8oid' waste; ;`end. acil;ities used for those ;active ties �► 11. 04 . 040 Franchise - Granted to Certain Persons - Scope of Regulations. (a) Subject to the provisions of this section, this chapter, the city charter, and any amendments to these documents, there is hereby granted to the following persons an exclusive franchise to provide service within the exclusive area shown within a map of existing franchised areas on the effective date of the ordinance PAGE 3 - CHAPTER 11. 04 [A47.LDK7 codified in this chapter, which map is hereby attached hereto, marked "Exhibit All, and by reference is hereby incorporated herein. (b) The franchisees are: (1) Area I. Pride Disposal Company, 1lael: Leichner, President, P.O. BoxtJ , Sherwood, OR 97140; ( ,..,,,,,:,. 2) Area IIMiller Sanitary Service, Inc. , Thomas Miller, President, 5150 S.W. Alger Avenue, Beaverton, OR 97005; (3) Area III. Schmidt's Sanitary Service, Inc. , John Schmidt, President, 8325 S.W. Ross, Tigard, OR 97223:4:; (c) Where any area is annexed td the city of Tigard and the area had been franchised by Washington County for solid waste collection service prior to annexation, the county franchise shall be recognized as to the area; but service, term and other requirements shall be those of this chapter. If the area was franchised to any of those listed in subsection (b) of this section, the area shall be added by the city manager by amendment to "Exhibit A. " For persons other than those listed in subsection (b) of this section, an acceptance of franchise must be signed and recorded as provided in Section 11. 04 . 070 of this chapter. (d) Nothing in this franchise or this section shall: (1) Prohibit any person from collecting a transporting riy resideral: �rste` :' praauceay khat person, directly td ax authorized d�spbsal or recycling or resource recovery facaLlity,' Q.-r resource recovering waste produced by...hi 44 than person, so long as he--that person complies with this chapter, other city ordinances, and Chapter 459 Oregon Revised Statutes, dealing with solid waste management, and regulations promulgated under any of the foregoing. For purposes of this subsection, solid waste produced by a tenant, licensee, occupant or similar person is produced by such person and not by the landlord, property owner or agent of either the landlord or property owner,; and except as provided herein; ne person shad: provide services to :any tenant, lessee yr csccupan, of any property of such;person,� ;and the landlord car property owner shall provide service hrough the franchisee; (2) Prohibit any person from transporting, disposing of or resource recovering, sewage sludge, septic pumpings and cesspool pumpings; (3) Prohibit any person licensed as a motor vehicle wrecker under ORS 481. 345 et seq. from collecting, transporting, disposing of or utilizing motor vehicles or motor vehicle parts; (4) Prohibit the city council from withdrawing certain solid waste services by amendment to this chapter on the basis of a finding that such regulation is not necessary for the implementation of the purposes of this chapter or a city, county or metropolitan service district solid waste management plan; (5) Prohibit any person transporting solid waste through the city that is not collected within the city; (6) Prohibit a contractor, as defined by ORS 701:005(2) ,: employed to demolish, construct, or remodel a building or structure, including but not limited to land clearing operations PAGE 4 - CHAPTER 11. 04 [A47.LDK7 and earrstruetien wastes, from hauling waste created _ a in connection with such employment in equipment owned by that contractor and operated by that contractor's employees;:;-. eon�ra�tpr >?�: ::np�; <�;.contractor under �h' �::<paragrap (7 Prohibit tYie""call ection 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 4-5.9x`'6 ; 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. (g) Noperson shall deposzt mates a1 in or ;remove material from any drop boy ar cObtalner supplied- by a franchise without p.. franchsee. rmzssi. ); Ha persons sha3l take or remove any: sold waste placed PAGE 5 - CHAPTER 11. 04 [A47.LDKI :�����c�;���:;�.::; �:::f�anch��ee <Q�:: .�rm �.t�c� und�r...th�.s chapter. ( Notwithstanding other provisions of this section, if the council finds that on-route recycling is technologically and economically feasible and directs that it be instituted: (1) Franchisee shall be given advance notice of a hearing on the subject and an opportunity to be heard; (2) If, after the hearing and on the basis of written findings, the council directs the service be provided, the franchisees shall be given a reasonable opportunity to provide the service or subcontract with other persons to provide it; (3) If franchisees do not provide the service within the specified reasonable time, the council may issue a franchise or franchises for that service and limited to on-route recycling. A franchisee under this subsection (g) shall comply with all applicable requirements of this chapter. (4) Nothing in this subsection shall prevent the franchisees from instituting on-route recycling prior to a council determination nor from including income and expense in the rate justification section. (Ord. 86-66 §§1, 2, 1986; Ord. 78-64 §4, 1978) . 11. 04. 050 Franchise--Term-Automatic renewal when. (a) The rights, privileges and initial franchise granted herein shall continue and be in full force to and including the thirty-first day of December, 1988, subject to terms, conditions and payment of franchise fees to the city as set forth in this chapter. (b) Unless the council acts to terminate further renewals of the franchises herein granted, each January ist, the franchises are automatically renewed for a term of ten years from th January 1st -rental:- : s3 . (Ord. 78-64 §5, 1978) . _... ......................... ........................... .......................... 11. 04 . 060 Franchise--Fees. (a) Effective July 1, 1978, as compensation for the franchise granted to each franchisee and for the use of city streets, the franchisee shall pay to the city a fee equal to three percent of gross cash receipts resulting from the solid waste services conducted under the franchise. Such fees shall be computed on a quarterly basis and paid within thirty days following the end of each quarter calendar year period. Each franchise shall maintain an adequate bookkeeping system showing the gross cash receipts resulting from the solid waste services conducted under the franchise. Records shall be open at all times for audit by authorized personnel designated by the city administrator. (b) Wilful misrepresentation of gross cash receipts by a franchisee shall constitute cause for immediate revocation of the franchise, pursuant to Section 11. 04.080 of this chapter. (c) The franchise fee shall be in lieu of any business license or regulatory fee or tax, but shall not be in lieu of any ad valorum tax, imposed by the city of Tigard. (Ord. 78-64 §6, PAGE 6 - CHAPTER 11.04 [A47.LDK] 1978) . 11. 04 . 070 Responsibility of franchisee. (a) The Franchisees shall: (1) Resource-recover or dispose of wastes collected at sites approved by the city that are in compliance with Chapter 459, Oregon Revised Statutes and regulations promulgated thereunder; (2) Provide and keep in force public liability insurance with a thirty-day cancellation clause in the amount of not less than one hundred thousand dollars for injury to a single person, three hundred thousand dollars to a group of persons and fifty thousand dollars property damage, all relating to a single occurrence, which shall be evidenced by a certificate of insurance filed with the city recorder; the insurance shall indemnify and save the city harmless against liability or damage which may arise or occur from any injury to persons or property resulting from the franchisee's operation under this chapter; (3) Within thirty days after the effective date of the ordinance codified in this chapter, file with the city recorder a written acceptance of the franchise; (4) Furnish sufficient collection vehicles, containers, facilities, personnel, finances and scheduled days for collections in each area of the city necessary to provide all types of service required under this chapter or subcontract with others to provide such service pursuant to this chapter; (5) Provide a cash security deposit or a performance bond in the amount of five thousand dollars to guarantee payment to the city or other affected person of a judgment secured against the franchise holder because of work performed that does not conform with the requirements of this chapter or other ordinances of the city. The deposit or bond shall continue until one year after expiration of the franchise, or until all claims or demands made against the franchisee have been settled or secured; (6) Collect no single-family residential solid waste before five a.m. or after seven p.m. unless this condition is waived by the city administrator or his designee; (7) Provide collection and disposal of solid waste from all city facilities, city parks, city sidewalk containers and city activity area at no cost to the city on a regular schedule; (8) Make collection no less often than once each week, except for will-call collections and drop box operations, and except as provided in Section 11. 04 . 140; (9) Permit inspection by the city of the franchisee' s facilities, equipment and personnel at reasonable times; (10) Respond to all calls for special hauling requiring equipment regularly supplied by franchiser within ninety-six hours of receiving said call unless a later pickup is agreeable to the customer. Special hauling of containers or drop boxes supplied by franchisee is dependent upon availability of those containers or boxes; PAGE 7 - CHAPTER 11. 04 [A47.LDK] V. e:>::<_>t t. ;::::;ac<>:::: :: :::::::::::::::::::.::::: :::.: .:..:::. :::::::::::::..:::::.:!' omm:..rc. . :. is .... sour es :::.:: : �'.:::.: .::::::::...::. 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'; 1: t '1 : cu stom+srs o f:::.tY ::O gr tun z t :..a z cl Y :::::::::::::..:::::::::::::::::::::::::: Ap. : .:::: Y.:::: ran h seg sha p::rxvd:e.: ra. uI ar a ortun tcsa o exon utreeclale ............. ........... ._g... ..... ........Pp.. ..... p..... P..... :: ardecl`.a - 'y`'ares:::>and Sithe wase :ands >a Damply with state and loeal.: 3aws andxegulatxons adopted from time :'kme:< c >t :>s. c .haste..maerls..:< (b) A franchisee may require a contract from a customer who requires an unusual service involving added or specialized equipment solely to provide that service. The purpose of this subsection is to prevent the added cost from being assessed against other ratepayers if the customer later withdraws from service. (Ord. 78-64 §7, 1978) . 11.04.080 Franchise--Transfer, suspension, modification or revocation--Conditions. (a) The franchisees shall not transfer this franchise or any portion thereof to other persons without sixty days prior written notice of intent and the subsequent written approval of city council, which consent shall not be unreasonably withheld. The city council shall approve the transfer if the transferee meets all applicable requirements met by the original franchisees. A pledge of this franchise as financial security shall be considered as a transfer for the purposes of this subsection. The city council may attach whatever conditions it deems appropriate to guarantee maintenance of service and compliance with this chapter. (b) Failure to comply with a written notice to provide the services required by this chapter or to otherwise comply with the provisions of this chapter after written notice and a reasonable opportunity to comply shall be grounds for modification, revocation or suspension of franchise. (1) After written notice from the city council that such grounds exist, franchisee shall have thirty days from the date of mailing of the notice in which to comply or to request a public hearing before the city council. (2) If franchisee fails to comply within the specific time or fails to comply with the order of the city council entered upon the basis of written findings at the public hearing, the city council may suspend, modify or revoke the franchise or make such action contingent upon continued noncompliance. (3) At a public hearing, franchisee and other interested PAGE 8 - CHAPTER 11. 04 [A47.LDK) persons shall have an opportunity to present oral, written or documentary evidence to the city council. The finding of the city council thereon shall be conclusive; provided, however that such action may be reviewed by a court on a writ of review. (4) In the event that the city council finds an immediate and serious danger to the public through creation of a health or safety hazard, it may take action to alleviate such condition within a time specified in the notice to the franchisee and without a public hearing prior to taking such action. (Ord. 78-64 §9, 1978) . 11. 04. 090 Rates for service. (a) The rates to be charged to all persons by the franchisee shall be reasonable, uniform, and based upon the level of service ... ...... . . .... haul regal rendered P r ........... ........-................ distance, `6 o_ ncentra ion W*'e'"1'1'ih"g'* *�d'n''l'**t"'"'"'"s" "'a*'*'*n'""""'d**'* other 'factors with the city council considers to justify variations in rates that outweigh the benefits of having a single rate structure unless otherwise noted in this chapter; (b) Nothing in this section is intended to prevent: (1) The reasonable establishment of uniform classes of rates based upon length of haul; type of waste stored, collected, transported, disposed of, salvaged or utilized; or the number, type and location of customer's service, or t .the service p i.....e. .d...... : laws ....... . ........ .............. ... sor upon other fa ct6,rsas ong as such rates are reasonably ' based upon the cost of the particular service and are approved by the city council in the same manner as other rates; (2) The franchisee from volunteering service at reduced cost for civic, community, benevolent or charitable program. (c) Rates to be charged by the franchises under this chapter shall be set by the city council by resolution as deemed necessary by the council. Except, increases in charges to the franchisees for solid waste disposal site fees imposed by a governmental agency ranclxp*op:��ii�_, es� regu :a ng .... ............ governmental " included ... - sol3c waste 4m nMay I -b'* ..... in t e ra es by council resolution, provided suchincreases are evenly distributed among the rates. The franchisees shall provide sixty days written notice with accompanying justification for all other proposed rate changes. The council shall give due consideration to the purposes of this chapter and the annual report filed by the franchisees. (d) The franchisee shall be provided with thirty-day prior written notice with accompanying justification for a city-initiated reduction in rate schedule. (e) Unless a governmental unit or legislative body has raised or lowered the cost of providing service or there is a substantial increase in the cost of doing business that was not provided for in the previous rate adjustment, rate adjustments shall be made annually on the following schedule: (1) On or before March 1st, the franchisee shall file PAGE 9 - CHAPTER 11.04 [A47.LDKJ an annual report (Exhibit 11C11) 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 eeuntyq , the council shall act upon any rate adjustment by May 31st, and the adjustment shall take effect June 1st. Rate adjustments shall be 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. (n) Any person who receives solid waste service from the PAGE 10 - CHAPTER 11. 04 [A47.LDK] 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. 040. 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: " . ......... far....... nuaT (A) Solid waste earns . ...... .. .. . -----s...ides-* apering eund ettem*F o -the shall have a r opening at the top that provides for unobstructed dumping of the contents, a ball ef-two handles on opposite sides, a close-fitting lid with handle, not to exceed thirty-two gallons' capacity, and be watertight in construction. Cans shall be made of metal or some rigid material that will not crack or break in freezing weather and shall be waterproof, rodent-res i stent and easily cleanable. No solid waste can or container shall exceed sixty pounds gross loaded weight, and putrescible material (garbage) shall be placed in plastic bags or securely wrapped in paper after being drained of liquids. (B) Sunken refuse cans or containers shall not be used, unless they are placed aboveground by the owner for service. (C) On the scheduled collection day, the user customer. I . . . , 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. Cans 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 cans. Cans must be 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 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 u-se ....urt.66"t shall provide a PAGE 11 - CHAPTER 11. 04 [A47.LDK] safe alternative access point or system. D All solid waste e& cr ac , s 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--user. (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. (H) No person shall place any hazardous waste, as defined by or pursuant to ORS Chapter 459 t' , out for collection by another person, franchisee or permittee, or place:' G"zn any oohix Supp ed by ? + :►»> frahsee + permittee wathout pra or wri en n.q_ a, on. and acceptance- by the person,` the pemt�e so upon compliance with any and al requirements of ORS Chapter ,459 . and any rules or regulations thereunder. Franchi sery hex hazardous waste Aontaner; for hazardous or:other specxa3 'waste h-at 'b poly lael ....andedn a lt�ccn ,... �naccessble tea the pub1�G=` '' f the crhtarter a s reusable, �t shah be:<suitable for .cleanng and be cleaned. (See also requirements of X25 Chapter 4i and ruI es and regu atons thereunder} putrescible solid"wastes shaf be removed from any premises at least once every seven days, regardless of whether or not confined in any container, compactor, drop box or can. (�'l,} f for other than manual pickup j no pry customer 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. ( 4) 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. (USF) Container customers shall supply a location and properly maintain containers so as to meet standards of the Consumer Products Safety Commission. (9) All leads ef selid wastes that may seatter, blewr leak er e1herwise eseape, and whether en eelleetien vehicles or ethers, shall be eevered during transit te dispesal or res-e� reeever (MP) No perms--custo 6 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 - appropriately labeled and plaeed in a leeatie.n. bl a i- T. bl S-.al l �tae�e�STnTc-c6-��E'-�3 -�-e�.��ic-e@i3-t-T��-#+P_-��-l-B-i�e�19u-�-rc�-i�'STr�-i r PAGE 12 - CHAPTER 11. 04 JA47.LOKI be suitable for eleaning and be eleaned. (See alse requirements :::,.::: t� s. nt�t comply3th am c therovsions o Sect ori :; '.» ahs......fxanh:lse:e;::>::::; ha ...::.... ..;:.>::;:;:. .. .. .. , :.::.}::::::::::.::.:::::::::.:.....................................:............ l.:::.nod>::<:::be::>::::;obl a d:::::.to::::::> rovide .....gF.:::.::.:::::. ev .ce. a.:. ha . customer...;;:. rarrch�see sh$ i nca fir. the custt�me of ::>:;:. he: noncom :: dance_<> °: tstrxter: >zia:.:: e€€>%char. ed::>::as::>:.: f #he::::;aerv;ace ;ha' ::::::::.:: P....::::.:.:::::.:..:.....:.............. Y... .:::::::::::::::::. ��.: ::::::......:::::::: .::..:..:................... :::... d .;:.... :.;:. .......::.::.:::::.::::::::::::::::::::::::::::::::::::::::::::::::::::::::............:::::::::::::::::::::..................:::::::::::::::::::.....::.::.:::.::.:::.::.:::.::.::.::.;;:::.;:.;:.;:.;::<.;:.;:.;::. (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 provision for 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 to �—csnrs 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) . 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 PAGE 13 - CHAPTER 11. 04 [A47.LDK] waste service. (Ord. 78-64 §10, 1978) . 11. 04. 140 Termination of service by franchise. 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 not be sent 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 §12 , 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 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) . PAGE 14 - CHAPTER 11.04 CA47.LDKI 11. 04 . 180 Violation deemed misdemeanor when--Penalty. Violation by any person of the provisions of subsection (b) of Section 11. 04 .020tbt'i5 > >.. ':< 8d or subsections (1) (G) through (1) {1)-(�} res� t3i fir ` or Section 11.04. 100, gar l OA 1Zi � r > >1J4 (7 of this chapter shall be deemed a misdemeanor and If- s a1 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.LDKI milBrr "All SOLID WI'SrE DISPOSAL TIGARD SCIUMLE OF RATES - JULY 1, 1990 Residential Rates One Can $11.05 Two Cans 21.20 Each Additional 11.15 On Call Service 6.90 Comercial Rates One IN-1ro Three 1"our V,I Vt-- One Can $ 11.55 $ 22.40 $ 33.45 $ 44.50 $ 55.30 Two Cans 21.90 42.40 63.40 84.60 104.70 Each Additional 9.35 18.70 27.85 37.10 45.90 container-Servic:e-loose. Container Size One TWO Three Four Five Roll out container $ 21-56 $ 40.71 $ 59.21 $ $ (60 gallon) One Yard 65.35 123.39 179.44 Each Additional One and 1-1/4 77.63 146.07 212.20 277.03 335.97 Each Additional 71.33 134.57 196.00 256.03 310.97 One and 1-1/2 89.72 174-84 253.77 327.04 399.61 Each Additional 84.32 159.84 235.77 302.88 369.31 Two Yards 118.69 228.49 330.98 426.37 520.27 Each-Additional 110.59 208.49 297.98 382.17 465.37 Three Yards 160.24 306.88 442.42 567.67 699.70 Each Additional 151.24 291.88 424.52 555.66 684.70 Four Yards 201.68 385.88 568.66 737.44 898.44 Each Additional 193.68 377.88 556.66 729.34 887.54 Five Yards 240.23 469.49 691.80 906.83 1,105.37 Each Additional 235.03 454.17 669.30 878.93 1,090.37 Six Yards 273.68 534.16 788.64 1,032.92 1,273.60 Each Additional 267.58 522.16 770.54 1,003.32 1,235.60 Eight Yards 343.77 669.85 985.72 1,293.79 1,590.47 Each Additional 335.50 653.85 961.92 11261.89 1,550.47 Page 1 of 2 Container- �S��rvice-Cceik3ctc Container Size One lino Zhree Four Five One Yard $ 153.91 $ 289.7/ $ 420.90 $ 549.63 $ 666.37 Two Yard 254.06 490.34 712.00 919.46 1,124.04 Three Yawl 345.36 663.71 960.00 1,235.19 1,524.61 Drop Box Service-Loose Drop Box Size Regular Service Occasional Service Twenty Yard Box Charge 88.80 99.40 Demurrage 4.70 4.70 (per day after 48 hours) + Disposal Fee + Disposal Fee Thirty Yard Box Charge 108.70 119.80 Demurrage 6.20 6.20 (per day after 48 hours) + Disposal Fee +Disposal Fee Drop Box Size Drop Box Service- acted Under 20 Yards 102.00 Minimum, + Disposal Fee 20 Yards 106.80 (5.35/yard) + Disposal Fee 30 Yards 140.65 (4.70/yard) + Disposal Fee 40 Yards 161.45 (4.35/yard) + Disposal Fee Misc Rates Court Apar bnents 5 or more Units One stop per week 7.00 TWO stops per week 14.00 Dctra Garbage Per Can 3.20 Call Backra 8.25 Bzx]les, boated refuse, or bags equiv amt of one can 3.20 Return for pickup of inaccessible can 8.25 E�ctra distance per foot after first 100 ft. 0.01 ke/WLGAARRAT Page 2 of 2 -T CAN/COMPAC'TOR/DROPBOX RATES - TIGARD p r :� RESIDENTIAL 1 can yard svc 14 . 25 ea add yard svc 13 . 60 1 can curbside 13 . 25 ea add curbside 12 . 60 Will-Call 7 . 00 COMMERCIAL 1X 2X 3X 4X 5X 1 can 13 . 85 27 .70 41 . 55 55 . 40 69 . 25 ea add 13 . 15 26. 30 39 . 45 52 . 60 65 . 75 COMPACTED CONTAINER (2 . 5 X LOOSE RATE) 1 yard 119 . 25 232 . 55 345. 80 459 . 10 572 .40 2 yard 232 . 40 453 . 20 673 .95 894 .75 1115 . 50 3 yard 342. 40 667 .70 992 . 95 1318 . 25 1643 . 50 DROP BOX - LOOSE One Time Exchange 10 yard Haul Fee Rental - 4.70 per day after 48 hours Disposal Fee 20 yard Haul Fee 119 . 30 106 . 55 Rental - 4.70 per day after 48 hours Disposal Fee 30 yard Haul Fee 143.75 130.45 Rental - 6.20 per day after 48 hours Disposal Fee STATIONARY COMPACTOR BOXES - $120 .00 per haul or 56. 50/cu yd whichever is greater plus fees - disposal, mileage, fines, etc . COMMERCIAL CONTAINER SERVICE - LOOSE / TIGARU 1X 2X 3X 4X 5X 6X 1 yard 47 .70 93 . 00 138 . 40 183 .75 229 . 10 ea add 45 . 35 88 . 45 131 . 55 174 . 65 217 . 75 Saturday 54. 85 100 . 20 147 . 90 193 . 25 238 . 60 283 . 95 ea add Sat 52 . 15 95 . 25 140 . 60 183 . 70 226 . 80 269 . 90 1-1/4 yard 59 . 35 115 .75 172 . 15 228 . 55 284 . 95 ea add 56 . 40 110 . 00 163 . 60 217. 20 270 . 80 Saturday 68 . 25 124 . 65 184 . 00 240 . 40 296 . 80 353 . 20 ea add Sat 64 .70 118 . 30 174 .70 228 . 30 281 . 90 335 . 50 1-1/2 yard 70. 95 138 . 35 205 .75 273 . 15 340 . 55 ea add 67.40 131 . 45 195 . 50 259 . 55 323 . 60 Saturday 81 . 60 149.00 213 .05 287 . 35 354.75 422 . 15 ea add Sat 77. 55 141 .60 209 .00 259 . 55 337. 10 401 . 15 2 yard 92. 95 181 . 25 269 . 55 357. 85 446 . 15 ea add 88 .30 172. 20 256. 10 340 .00 423 . 90 Saturday 106 . 90 195 . 20 288 . 15 376 . 45 464. 75 553 .05 ea add Sat 101 . 55 185.45 273 .75 357. 65 441 . 55 525 .45 3 yard 136 . 95 267. 05 397 . 15 527 . 25 657. 35 ea add 130. 10 253 .70 377 .30 500 . 90 624 . 50 Saturday 157. 50 287 . 60 424 .55 554 . 65 684 .75 814.85 ea add Sat 149 .65 273 . 25 403. 35 526 .95 650 . 55 774 . 15 4 yard 179 . 35 349 .75 520 . 15 690 . 55 860 . 95 ea add 170.40 332 . 30 494. 20 656 . 10 818 .00 Saturday 206.25 376 . 65 538 . 55 726 .40 896 . 80 1067. 20 ea add Sat 196 .00 357 . 90 528.30 690 . 20 852 . 10 1014.00 5 yard 220 . 15 429 .30 638 .45 847 .60 1056 .75 ea add 209 . 15 407.85 606 . 55 805 . 25 1003 . 95 Saturday 253. 55 462. 35 682 . 50 891 . 65 1100. 80 1309. 95 ea add Sat 240 . 55 439. 25 648.40 847. 10 1045 .80 1244. 50 6 yard 259.25 505. 55 751 .85 998 . 15 1244.45 ea add 246. 30 480 .30 714.30 948. 30 1182 .30 Saturday 298 . 15 544.45 803.70 1050 . 00 1296. 30 1542. 60 ea add Sat 283.25 517.25 763 . 55 997. 55 1231 . 55 1465.55 8 yard 325 . 50 634 .75 944.00 1253. 25 1562 . 50 ea add 309 .25 603 . 05 896 .95 1189.75 1484 .45 Saturday 374.35 683 . 60 1009. 10 1318 . 35 1627.60 1936 . 85 ea add Sat 355. 65 649 .45 958 .70 1252. 50 1546. 30 1840. 10 CommContSvcLooseTigard 10/15/90 �� AF CARDBOARD CONTAINER RATES 1X 2X 3X 4X 5X 1 YD 23 . 85 46 . 50 69 . 15 91 . 80 114. 50 NO SAT PU EACH ADD 22 . 65 44. 20 65 . 70 88 . 20 108 . 10 AVAILABLE 1 1/2 YD 35 . 20 68 . 65 102 . 10 135 . 50 168 . 85 EACH ADD 33 . 45 65 . 25 97 . 00 128 . 80 160 . 50 2 YD 45 . 30 88 . 35 131 . 35 174 .40 217 .45 EACH ADD 43 . 05 83 . 95 124 . 80 165 . 75 206 . 65 3 YD 65 . 45 127 . 65 189 . 80 251 . 00 314 . 15 EACH ADD 62 . 20 121 . 30 180 .40 239 . 45 298. 55 4 YD 84. 05 163. 90 243 .75 373 . 60 403 .45 EACH ADD 79 . 85 135 .70 231 . 55 357 . 90 383 . 30 5 YD 101 . 00 196. 95 292. 90 388 .85 484. 80 EACH ADD 95 . 95 187 . 10 278 . 25 369 .40 460. 35 6 YD 116. 25 226 .70 337 . 10 487. 55 558.00 EACH ADD 110.45 215 . 40 320. 30 475 . 25 530 . 15 8 YD 134. 85 262 . 95 391 . 05 519 . 15 647 . 30 EACH ADD 128 . 10 249 . 80 371 . 50 493 .70 614.90 RECYCLING CHARGES - COMMERCIAL 1X 2X 3X 4X SX 1 CAN 10 . 25 20 . 50 30.75 41 .00 51 .25 EACH ADD 8 . 85 17.70 26 . 55 35 . 40 44. 25 60 GAL CART 18 . 65 37. 30 55 . 95 74 . 60 93 . 25 90 GAL CART 18. 65 37. 30 55 .95 74. 60 93.25 MISCELLANEOUS RATES Court Apartments ( 5 or more cans , 32 gal or less capacity , at single collection point ) . No Saturday pickups . 1X per wk 2X per wk 3X per wk 4X per wk 5X per wk 12 . 00/can 24 . 00/can 36 . 00/can 48 . 00/can 60 . 00/can Extra can on regular day : 3 . 85/can Extra boxes/bags etc . on regular day : 3 . 85 Call backs/Service charges : 10 . 00 plus Distance charge : . 01 per foot in excess of 100 feet ( 1 . 00 minimum) Reinstate fee for delinquent accounts : $15 . 00 MEMORANDUM CITY OF TIGARD, OREGON TO: Utility and Franchise Committee FROM: Loreen Edin DATE: October 10, 1990 SUB=: Camittee Meeting Place & Time The City Council is considering changing their regular meeting day to Tuesday from Monday. In order for them to arrive at a final decision, all boards and committees have been asked to determine the impact of this change. Below are a few thoughts on the change. . .let's discuss this further on the 16th. Pros Cons Avoid conflicts with the number Advertising of issues will be of holidays which fall on Monday. set earlier. Time change would benefit at U & F Committee would not be least 2 Council members and not able to meet in City Hall. adversely affect other members. (No room available that is large enough) . U & F Committee has had difficulty in having quorums on Tuesdays. After our discussion on the 16th, your concerns, thoughts, and suggestions will be shared with the Council. Thanks. le/ins ` :�Siit ; �u 11 Ado,` \i Y .0 - �t n CY. ' I ° in i 2 _ � 1 _ _1 9r August City of Tigard Utilities and Franchise Boas _. 13125 S .W. Hall Blvd . Tigard, OR 97223 Dear Sirs , Please write and explain to me the justification for the outrageous increase in "will call " garbage service rates . When 1 called Miller ' s Sanitary Service to ask why the charge went from $4 .55 to $6 .90 per pick-up (a 51% increase ! ) she referred me to you.. i understand that the rate for monthly service increased only seven per cent. (from $10 . .30 to $ 11 . 04 . So , why did will call service rates explode? This will call rate increase is very discouraging to people like us who are trying to recycle as much as possible and cut down on our garbage . Please look into this matter and consider possible solutions to this inequity . Sincerely , cc : Miller ' s Sanitary Service 11135 S.14. 125Lh Place hoar& OR 97223-3508 ('{ � (503) 520-8086 AAAMA I M,1 +I MEMORANDUM CITY OF TIGARD, OREGON Utility & Franchise Committee FROM: Loreen Edin DATE: October 10, 1990 SUBJECT: Yard & Garbage Debris Collection November 3rd & 4th (Saturday and Sunday) are the dates the Terrific Tigard Kiwanis will sponsor a yard debris and garbage collection effort. Pride Disposal will provide dumpsters at the Seafirst site on Main Street on both days between 8 AM and 5 PM. The cost will be $5.00 per cubic yard. Mees of the Terrific Tigard Kiwanis will sort material. They will NOT be able to collect tires or rims, appliances, wet garbage, or hazardous materials. The next edition of the Cityscape newsletter will encourage citizens to cover their loads for transport. Also a special note will be included to those residents in the area that was under quarantine for the Japanese Bettle. The Kiwanis cannot accept any earth material such as dirt or sod, however, clean plant material is acceptable. le/ms MEMORANDUM CITY OF TIGARD, ORWON TO: utility & Franchise Conmtittee FROM: Loreen Felin P__P '- DATE: October 10, 1990 SUBJECT: Miscellaneous News Articles — Bits & Pieces Following are scene notes from recent League of Oregon Cities Newsletters. City Nips the Drips Earthworms Serve a Purpose The City of San Antonio, Texas is installing water- Earthworms are being used to turn organic waste into saving mechanisms and replacing faucets with slow compost. Two tons of worms transform one ton of self-closing fixtures and valves in convention center waste per day into material suitable for reconditioning and library restroom facilities. By installing these depleted topsoil. The landfill near San Diego, devices in public places, the city is making citizens California uses worms to process about one-quarter of aware of the benefits of saving water and encouraging its sewage. Heat-treated sludge is placed in outdoor them to do likewise in their homes. It is estimated beds together with worms and a bed of straw. The that in one year the retrofit program will reduce worms do the rest Officials say the odorless product water consumption in public restrooms%y at least 50 produces remarkable growth in fruit trees. percent. Recycling Facts & Figures `Pay by the Bag' Americans generate a total of 400,000 tons of Not only was landfill space limited in Perkasie, Pa., trash each day. but the cost for garbage disposal rose 900 percent in ' An average household of four receives 992 pieces a short time. Town officials decided on a pay-by-the- of junk mail per year. bag system combined with recycling and violation ' Americans use 50 million tons of paper each year, enforcement as the best strategy for dealing with the consuming 850 million trees. problem. Residents now have two choices. They can • Producing one ton of paper from recycled fiber pay a flat fee ($145) for trash pick-up, or they can saves 3,700 pounds of trees and 24,000 gallons of buy bags that hold 40 pounds of trash for $1.50 each water. and put out recyclables for free pick-up. The bags ' The energy saved from recycling one glass bottle are sold at town hall and at local stores. will light a 100-watt bulb for four hours. The average recycled aluminum can is remelted The new program has brought about several positive and back on the supermarket shelf within six weeks, results. First, many citizens, especially older people, Each recycled can saves the energy equivalent of half save money. Also, the town has saved about 40 a can of gasoline. percent of its trash disposal costs in the last fiscal If readers recycled the print run of one Sunday year. The biggest benefit, however, is the heightened edition of the New York 77mes, 75,000 trees would be concern and interest among residents. Recycling has left standing. become common and composting yard wastes has increased significantly. (14c Ore. tian FRID SEPTEMBER 21, 1990 METRO , Portland to unveil garbage plan El The proposal, which would raise monthly rates, type of regulation,"he said. Under the plan, the city would is designed to encourage curbside recycling offer each garbage hauler a fran- chise, or rights to his existing cus- By BARNES C.ELLIS gram.Neighbors with different haul-, tomers. Haulers could sell or trade of The Oregonian staff ers have different recycling days. their customers to build more con- That makes it hard to remember tiguous routes. Portland city officials will unveiL when to put out the newspapers and To encourage them, the city a plan next week to boost curs e bottles. would establish six garbage dis- oost cur I ' —re-cy'"qrIng by conso MairiRg Tee'kag4ar gar, "I think we'll see at least a two- tricts.It would allow haulers to con- kW 1mus ry reuinnNdUrM TU fold,if not a three-fold,increase"in duct business in no more than two of otter-tree weeKiX reccun�ffic 11, curbside recycling under the pro- them. Presumably, some businesses r „ gram, said Bruce Walker, the city's would sell out. Others would devel- recycling manager. "I think Port- op bigger,more contiguous routes. Garbage rates would rise slightly landers are ready to recycle,and we The city then would require the under the plan, to an estimated $14 need to give them a good system." haulers to pick up recyclables each per month for weekly service with Garbage haulers, like other busi- week, the same day as garbage. one can, according to a city report nesses,traditionally have been wary Haulers-with fewer than 3,000 ac- scheduled to be released Monday, of government regulation. But they counts would have to merge their The average rate now is$12.54. generally favor the proposal because recycling operations or subcontract The Environmental Services it makes economic sense. Because the job. Bureau will present the plan to the recycling programs are expensive to Customers still would pay the City Council next Wednesday. The run, the current system punishes haulers for garbage service,but the council will consider a final plan in environmentally conscientious haul- city would regulate the rates. To December. If adopted, the new sys- ers. encourage recycling, fees would be tem would be in place by October "What is happening is, recycling based on garbage volume.Recycling 1991. is being used as a competitive tool," — in provided containers — would The plan would be a big change said Estle Harlan,an industry repre- remain free, from the current free-market sys- sentative. Profit-minded companies Residential haulers would pay the tem, in which 112 haulers compete say, "Just don't push recycling; city a franchise fee of 5 percent of for commercial and residential busi- don't push participation. The more their gross revenues instead of two ness.But it's that patchwork quilt of the customer participates, the more current fees — a business license service that city officials believe is it costs." fee and garbage surcharge of$1.35 holding down Portland's curbside David McMahon, a partner at per ton.The city would use the mon- recycling program. Cloudburst Recycling Collection ey, estimated at $1.1 million per Although the state requires gar- Service, said the plan would stabi- year, to promote recycling and to bage haulers to pick up recyclables lize those haulers who are suffering pap workers to monitor the pro I - for free on a monthly basis, each losses. "I think there are very few , gram. Portland hauler runs his own pro- haulers who actually oppose this .The plan also would require haul- ers to'pick up milk jugs and maga- iines,two recyclable products not in the current program. It would pro- vide yard debris collection four times each year for an undeter. LJ 4— F7 COrOA-��4,Z_ mined fee. And it would require owners of multifamily dwellings to add recycling facilities within three years. Not all the haulers are pleased with the proposal. Some said they supported regulation but wanted to see it extended to the commercial sector,as well. "If you do something right,you do everything right," said Ray Salvi of Salvi Sanitary Service.He said"spe- cial interests" in the industry had persuaded City Hall officials to exclude the commercial sector. GOVERNING GUIDE I� 1� I 1 I I p� F P� MT .i 1 Y. r c RECYCLING`IS IN. Everybody's doing it. Hoping to`avoid turning our land into one big landfill, we ie sorting our trash. Glass in one bag, aluminum in another, newspapers in still another. That's easy. But what happens then? Where does the trash truck take it? And what happens when it gets there? Who buys these discards? Who buys recycled products? What are the companies that produce these cans, bottles and newspapers doing about recycling them? And how much of a solution is recycling anyway? It's certainly part of the answer to the trash question, but at best it can only take care of half the garbage we create. What happens to the rest? i BY CAROL ANDERSON 1 TIM LEWIS ILLUSTRATIONS August 1990 5A GOVERNING GUJD► E bottles, and clear glass from brown glass, so be it. Manufacturers also are climbing on r' the recycling bandwagon. It helps them to dispel their image as the bad r guys in the trashing of America and get legislators off their backs. Some industries—plastics,for example—are spending heavily to advertise that their products can be recycled and that $ {t • Ch a t�« banning them would be a mistake. It is a symbiotic relationship. Com- =' munities and manufacturers need each gym. other. Recycling programs cannot ' Tti work if there is no market for what is ,I • collected. And for efficient operation producers need a steady supply of whatever they are recycling. Some communities have learned the hard way that you find the customers first, before plunging into recycling, and that manufacturers can be fussy about >Y the condition of used goods they are being asked to buy back. The recycling boom of 1990 is giv- amount is expected to For now, at ing new meaning to the adage "waste jump to 193 million least, recycling is . not, want not." tons by the year 2000. seen as the pro- By recycling more and wasting less, Not everything in BURIES gram where com- HE U S communities are reducing their want that advancing.glacier s uri. munities can get - for more places to bury or burn of garbage is recyclable. EtGHT TIMES AS`h the quickest re- mounting piles of refuse. But a good chunk of it sults,and one that Theo rative word here is more is. Paper and a MUCH GARBAGE AS ,`,.. has b no means . not all. Sensible and popular as it is, board make up 4 reached its full BU NS APAN recycling is not a panacea. The ex- percent of the munici- rc potential. But no perts warn that landfills will always pal waste stream; met- CE A one sees it as a be with us. als, 8.5 percent; and cure-all for the ° By the same token, landfills alone glass accounts for 7.0 solid waste crisis. can't do the job. Sites for them are percent. Leaves and Seattle, for in- vanishing as aging landfills fill up and other yard waste make bt BURIES—stance, has gone others are unable to meet tougher up the second largest almost as far as it environmental standards. One third of component, 17.6 per- can go in req- " them will be closed by 1991, the U.S. cent, yet one of the oldest recycling cling the garbage of its half-million :3 Environmental Protection Agency techniques---composting—has not yet residents. In two years the city has predicts, and communities are using caught on like some others. more than doubled its recycling rate to up capacity twice as fast as new ca- The limitations of recycling have almost 50 percent---close to what is pacity is being created. not diminished its current popularity. generally regarded as the feasible Worse still, garbage output contin- It makes people feel good that they are maximum. Yet that still leaves the `. ues to rise. The United States gener- reducing litter and doing something other 50 percent that must be gotten : + . aces 160 million tons annually, and for the environment. If it means a rid of some other way. r t unless it is reduced somehow, that little more work separating cans from Where does the rest go? For most 6A August 1990 "t. GOVERNING GUIDE communities, it still goes to land- fills--the modern version s. those un- What's m the Trash's lovely places called dumps. But that jl-. has to change. More trash must go Composition of municipal solid waste in pounds elsewhere. POLITICAL MINEFIELD The situation is most critical in "ss densely populated areas,especially the _G ,Z ,u Northeast, where landfill sites are scarce and expensive and public oppo- sition o-sition is often virulent. New Jersey, for example, l 78 percent of its P � ost Pe landfills during the 1980s and now w exports more than half of its solid ,, y waste to other states.(See GOVERNING, ° �`%r^ ' a. `� � ,{• December 1987, page 32.} 4 In some areas, siting has become almost impossible largely because of - °* two powerful political and emotionalR" phenomena well known to govern- ment officials: NIMBY (not in my backyard) and NIMTOF (not in my Source:U.S. Environmental Protection Agency and Franklin Associates ' term of office). Nobody wants a dump or an incinerator anywhere nearby— "There was just too much citizen Faced with these kinds of fights and even if the dump is called a landfill opposition," recalls William Stafford, costly delays, more and more cotnmu- and the incinerator is called a resource Seattle's deputy mayor. "When it be- nities are searching for alternative dis- - 5 recovery facility (a waste-to-energy came clear that it would be very diffi- posai strategies. Because of its public plant). And many public officials are cult. to site the facility, the energy acceptance, recycling often is their unwilling to buck their constituents. went elsewhere." first choice. It is even more popular "In most of the country there is Montgomery County, Pennsylvania, with citizens if the place for process- plenty of land for landfills," says also faced formidable opposition when ing the recyclables (called a materials Randy Johnson, county commissioner it tried to locate a similar plant, but recovery facility, or MRF) is distant in Hennepin County, Minnesota. here the plan succeeded. "Citizen from residential areas. "What is lacking is the political will groups fought it for years,"says Alison Currently, the United States recy- 1: to site them." Landfills are still highly Winter, manager of Lower Moreland Iles about 10 percent of all municipal controversial facilities, notes Allen Township, near Philadelphia. "There solid waste and the EPA's goal of 25 Moore, president of the National was a lot of litigation which delayed percent by 1992 seems achievable. In- '< Solid Wastes Management Associa- the project significantly and added to deed,three out of four Americans now -'*I tion in Washington, D.C. "Many cost. But the county prevailed." think that it is possible to recycle more ' people think they are unsafe or just Hennepin County officials thought than 25 percent of the nation's waste don't want them near them." they had the NIMBY problem licked stream. An opinion poll conducted by ; People object to mass-burn facilities when they planned a resource recov- the National Solid Wastes Manage- for the same reasons. Before it got into cry facility in a commercial zone ment Association in early 1990 •;;� recycling on a grand scale,Seattle tried where few people lived, near down- showed a dramatic increase in public ..? and failed to site a resource recovery town Minneapolis. Environmental faith in recycling. Less than a year plant. Beginning with studies dating groups protested, but the plant was earlier, only 40% of the Americans back to the 1970s, followed by years of built and began operating in late polled felt that it was possible to recy- contentious public hearings,the process 1989. The process, however, took cle more than 25%; within nine was both laborious and futile. nearly a decade. (continued on page 13A) , 8A August 1990 -Y. .a� GOVERNING GUIDE RECYCLING FOR ITS OWN GOOD ASA 0 ou might think that the people who make soda aluminum cans,according to the Aluminum Association, 'r bottles and cans, plastic cups,and other reusable but only 15 percent of the steel cans, says the Steel Can items would resist recycling. Otherwise, they Recycling Institute. We recycle about one-third-35 {" might be competing with themselves. percent—of our newspapers, says the American Paper , Not so. Institute, and 30 percent of discarded glass, reports the . Most such manufacturers are actively helping to con- Glass Packaging Institute.At present,only 1 to 3 percent .' vert their used products into something similar, or en- of the plastics in our waste stream is recycled, says the tirely different.They see it as good public relations,good Council for Solid Waste Solutions,which is hard at work politics, and—most of all—good business. on boosting that figures` They know that in today's pro-recycling climate they Many manufacturers see recycling as a boon—a po- µ ' could be compelled to cooperate if they don't do so tentially cheaper source of"raw" materials. Used glass, voluntarily. They also know that legislatures are being for example, melts and reforms at lower temperatures s.'4 pressured to tax their products, impose deposit/return than sand or other virgin components of glass.That cuts fees on them, or—even worse—ban them altogether. fuel and furnace maintenance costs. Steel producers see And just proving that various materials can be recy- steel cans as a source of scrap steel, which they need , cled is not enough; recycling has to be happening, and because today's efficient steel mills produce little leftover, people have to know about it. As Darlene Snow, man- which the mills once reused in quantity. 4.3 ager of recycling programs for the National Solid Wastes Although the mushrooming of community recycling Management Association, which includes haulers and programs has produced an oversupply of some recyclable recyclers,says,"If[certain materials or products)are not materials—notably old newspapers—most industries being recycled, then they're not recyclable." seem committed to recycling for the long haul. Here is R Well, industry says it's happening—to 60 percent of what the major ones are doing: 10A August 1990 i �' GOVERNING GUIDE PLASTICS To recycle plastic bottles, the resins they contain usually must be separated. To facilitate sorting, the industry has developed a code system for stamping bottles to identify their resins. Some producers have formed joint ventures to build and operate II recycling facilities. DuPont established the Plastics Recycling Alliance with Waste Management Inc., to operate recycling facilities in several cities. Eight polystyrene manufacturers formed the National Polystyrene Recycling Company to recycle foam _ containers. Procter&Gamble is using recycled plastic for detergent bottles.And in a test project, the company is recycling used diapers into "lumber" and drywall backing. Glass recycling systems are pretty well developed, thanks in pan to the threat of container-deposit legislation. Cullet (crushed used glass) constitutes 30 percent of the industry's raw material, and the industry aims to make that 50 percent. Because recycling saves them money on energy, glass makers are adding "benerication"systems to process used glass.The glass is run under a magnet to pull off metals; crushed; passed through a series of vacuums to remove labels, caps, and vwa. aluminum,then examined with a metal detector.Some 27 plants have such systems,and :__.. each can serve more than one plant,says Chaz Miller of the Glass Packaging Institute. NEWSPAPERS The supply of old newspapers has outstripped the capacity of current de-inking plants i to process it.Currently,35 percent of all newspapers are recycled—one-third of it back into newsprint and two into tissue paper,paper towels,and packaging.Newsprint ufacturers are to ld one million ons b expected 7increase percentG1 jumpon of 1988—according aceordinapto a Franklin Y Pe J P g Associates study for the American Paper Institute (API). More de-inking plants are i being built,however,the two-to-four-year lead time for construction means that new de- inking capacity will not start-coming on-line until the end of 1991. ALUMINUM CANS _ The aluminum industry already does a good job of recycling its cans—about 42 billion �• cans in 1988,55 percent of all the aluminum cans produced.And some industry leaders believe that a 75 percent recovery rate is achievable by 1995.Aluminum is expensive to produce, and recyclers get relatively good prices for used cans. "It is in our industry's benefit to recycle," says Frank Rathbun, public information manager for the Aluminum Association."We need as many[used]cans as we can get."It takes 95 percent less energy to produce aluminum from used material than from raw material. STEEL CANS The industry,which has always recycled scrap metal,revved up to recycle steel.cans only two years ago when six mills formed the Steel Can Recycling Institute. Steel cans are easily recycled—you just throw them in the furnace.But recyclers prefer to deal in aluminum cans because the price differential is so enormous. To combat the price problem,the institute tries to help communities and recyclers rind nearby markets. Steel cans can be sold directly to 51 steel mills or de-tinning plants;to foundries,which are more numerous and dispersed; or to traditional scrap dealers, who only recently began buying steel cans. August 1990 11A GOVERNING GUIDE (continued from page 8A) Georgians know exactly what Mo- do even better. It has perhaps the most months, the percentage with higher Carthy means. While newspapers ambitious recycling goal of any hopes had almost doubled, to 74%. piled up around the country last year city-60 percent by 1998. The city In keeping with these hopes, some as the market for used newsprint van- began curbside pickup in 1988, with cities are aiming to emulate Seattle ished, Georgia was able to continue voluntary citizen participation, and it and recycle 50 percent or more. recycling nearly half its old newspa- already recycles 43 percent of residen- What constitutes a realistic recy- pers and make money in the process. tial waste through that program, yard cling goal for a community depends on The reason: The state is home to one waste collection, and private hauling where it is and what kind of markets of the nation's biggest and best recy- efforts, reports Jennifer Bagby, an it has, says James McCarthy, envi- cling plants, located in Dublin, Geor- economist with the Seattle Solid ronmental policy specialist with the gia. It costs the plant less than $10 a Waste Utility. Even before curbside Congressional Research Service. "If ton to pick up old newspapers in At- pickup commenced, an impressive 18 you're in a rural area in the Midwest lanta; going out of state to get them percent of residential waste was being with no markets nearby, then it may can triple the cost. recycled. (See GOVERNING, March be hard to get above 20 to 25 percent. 1989, page 65, and May 1989, page But if you're on the Pacific Coast and THE SEATTLE STORY 17.) can ship much of what you collect to Not content with having one of the "This has always been a very ac- Asia, then you can recycle a much country's most successful residential tive,environmentally aware area with higher percentage." recycling programs, Seattle hopes to lots of private recycling,buy-back cen- i � 4 6382 6382 - . . . Beforey=cityoraountycommitsto • - , any new pro gram transporting -i recyclable waste papery talk to CSX. Our rail service in the East, Midwest and South provides an ideal low-cost solution for moving paper to de-inking plants and recycling mills.We already serve all the major mills in this country and in Canada. CSX industrial development specialists can also help you plan a rail-served collection and shipping point.It could save you a bundle. Ask for our rail system map and site assistance brochure.Call i ? or write Earle Burris,CSX Trans- - - portation,B17E,100 N.Charles Street,Baltimore,MD 21201. 1 Phone(301)237-3885. USK1 I 1 TRANSPORTATION .. Part d the c5R�aba1 t'O^nrt..vk GOVERNING GUIDE STATE RECYCLING LAWS tate legislatures have enacted hundreds of recycling and waste reduction measures in recent years, setting up a statewide infrastructure to support and encourage communities to recycle. While local governments are on the "front lines" of recycling, there is much for states to do as well. A number of state laws set recycling/waste reduction goals,ranging from 25 percent to 50 percent to be met over the next five to ten years. At least five states have mandated citizen participation in recycling—Connecticut, New Jersey, New York, Pennsylvania, and Rhode Island. Others, including, Florida, North Carolina, Oregon and Washington, require local governments to provide recycling programs. Some jurisdictions have banned certain kinds of plastic packaging and food service items, particularly foamed polystyrene. Other laws, for example those in Florida, Louisiana, and North Carolina, restrict or ban certain nondegradable plastic packaging,such as six-pack yokes,grocery bags,and packaging made with chlorofluorocarbons (CFCs). In addition,many states now require plastic containers to be coded by resin type to aid sorting and recycling. A few new laws dictate that newspapers contain some recycled newsprint. California requires publishers to increase their recycled paper content usage to 25 percent by 1991 and to 50 percent by 2000. Connecticut established a recycled newsprint goal of 20 percent of total newsprint consumption by 1992 and 90 percent by 1996. Other trends in state waste reduction/recycling legislation include. • Banning certain materials from landfills, such as lead-acid batteries, oil, tires, and yard waste. • Assessing advance disposal fees on the purchase of hard-to-dispose-of products. Washington charged a 31 fee on new tire sales to fund a pilot tire recycling project,and Maine required a 10 percent deposit on lead-acid batteries. (See GOVERNING, February 1989,Mage 10 and July 1989,page 15.) • Encouraging or requiring composting of yard•waste. • Making the state a market for;recycled goods by requiring or encouraging state agencies to buy products made from recycled materials, to use compost material whenever possible, and to recycle their own waste paper. • Reducing taxes for companies or organizations buying recycling equipment. California provided tax credits of up to 40 percent on such purchases, with.a cap of$250,000 for each piece-(the credit expires in 1994). New Jersey enacted a 50 percent tax credit, and Maine-a 30 percent credit. • Providing some funding for market research and development(Pennsylvania and New York)and low-interest loans to recycling companies (Pennsylvania).- • Requiring recycling instruction in schools- • Financing processing centers for recyclables. Massachusetts built a materials recovery facility (MRF) that opened in 1990.Communities can use the facility for free—if they require citizen participation in recycling programs. Rhode Island owns an MRF at which municipalities can deposit separated recyclables free of charge.And Connecticut provides grants to establish regional processing centers. '; ters and drop sites," says Ginnie Ste- one ninety-gallon bin that is picked up they pay for garbage collection because venson, a Utility spokesperson, once a month. Participation is highest it's included in their property taxes," Two private haulers handle Seat- with the separation system, perhaps says Ray Hoffman, senior recycling tle's recycling. Under one company's because of the collection area's demo- planner for the Utility. Not in Seattle. system, families separate recyclables graphics (more single-family homes There, residents know that the more (newspaper, cardboard, mixed paper, and higher education and income lev- garbage they generate, the higher their and aluminum, glass, and tin cans) els). Still, the overall participation collection fees.And they know up front 3> into three bins, which are collected rate is quite high, 78 percent, how much they are paying.As a result, once a week and put into segmented One reason is that residents save the average number of trash cans per trucks. Under the second system,each money by discarding less. "In many household has dropped from 3.5 in w'y household co-mingles the materials in places people don't know how much 1980 to slightly more than one today. 14A August 1990 it i GOVERNING GUIDE I :I I its landfill closed in 1984, the county relied on its six-year-old resource re- -W covery plant to handle 75 percent of • �, ,,� �c., � its waste. But it soon saw that the plant couldn't cope indefinitely with �• the steadily growing amount of house- hold trash the county was generating. x "We were experiencing an alarming 5 ... to 8 percent annual growth rate in the amount of residential refuse being de- livered to the facility," says John rfi Yvars, the county's environmental project coordinator. To stem the flood, Westchester in 1988 began implementing a recycling program that uses financial incentives j to spur its 43 municipalities to act.The county provided $10,000 matching grants to counties starting or expand- Another reason Seattle's curbside with recycling are most pronounced. ing recycling programs, and, to slow program works so well is that the city But even where tipping fees are sig- the flow of garbage to the resource has spent a fair amount—$83,000 in nificantly less, landfill costs are rising, recovery plant, the county pays$17 for 1989—publicizing it. "Those pro- making recycling increasingly viable. each ton fewer delivered each year. By grams wouldn't work without promo- For instance,early this year Seattle's reducing deliveries, municipalities also ition," says Lorie Parker, the Utility's tipping fee jumped from save $17 a ton in waste reduction project manager. She $23.50 to $36.00 a ton. tipping fees. In j adds, however, that curbside recycling And the costs of closing 1989' Westches- "is only marginally cost effective."The a landfill make the eco- /j ter paid about �J/HREE ADULTS i city spent $2.18 _million in 1989 on nomics of recycling even $250,000 in non- ' direct program costs ($2.10 million to more attractive. Seattle GENERATE TWO TONS delivery fees and the two contractors to collect recycla- is spending up to $75 the amount of bles and the $83,000 for promotion), million over 20 years to A YEAR trash hauled to its while saving $2.35 million in disposal close its two landfills— I;�N facility dipped by costs that they avoided through recy- the primary reason its 1 percent, as it cling material that would have other- garbage collection rates had in 1988. wise been dumped or burned. The dif- nearly doubled in two- "We've stemmed ference: not quite $170,000. and-a-half years, ac- the growth rate," cording to Hoffman. says Yvars. THE MONEY FACTOR With both of its As a result, Many experts say it is not what you landfills going out of a even though only spend, but what you don't spend operation and its peo- 10 perc--nt of the l (avoided disposal costs, such as land- ple adamantly opposed to siting a re- county's residential waste is being re- fill tipping/dumping fees) that deter- source recovery plant, Seattle was cycled, far less than its goal of 25 j mines whether recycling is feasible. forced to use King County's land- percent by 1992, Westchester consid- "The reason to recycle is to reduce fill—a less-than-desirable solution, ers its recycling program a success. landfill needs," states Hennepin because the two jurisdictions had not Officials expect further progress when County Commissioner Johnson. always had a amicable relationship. the county's new materials recovery In the Northeast where $100 per So the incentive to recycle was strong. facility begins operating in late 1991 ton is not an uncommon tipping fee, Westchester County, New York, and when a state lav mandating recy- the avoided disposal costs associated had a different kind of incentive. After cling becomes effective in 1992. 16A August 1990 i GOVERNING GUIDE RULES FOR RECYCLING- Thinking of starting a recycling program in your community? Here are ten guidelines,distilled from experience, to keep in mind: 1. Check out the market. Don't collect anything until you've found a good local market for it. 2. Invite your friends. Encourage nearby communities to join you. It's best to collect recyclables from a population of 500,000 or more. 3. Give the market what it wants. If it wants just newspapers,don't let people mix in old telephone books. If you meet market requirements, you will get more for the material, 4. Share the risk. Assume some of the market risk when you contract with hauler/recyclers; that will encourage them to keep the programs going when prices for recyelables drop. 5. Don't relive the,past. Talk with other communities to benefit from their experiences—and mistakes. '6:'Educate•the public. Keep telling-them, over-and over again, how and what to recycle. 7. Make it easy-�The more convenient the program is, the more residents will use it. For example, with curbside a` collection, distribute free pickup bins to all households. 8. Make trash expensive,Price garbage collection service for households so that the more garbage they produce,the more they pay r and be sure they know that's why. 9 Encourage the,market. Provide,mcenttves to businesses'that use recycled'materials. h10 Rememher`Yi cling-is just one of a com part prehensive waste management system: You still need a landfill or . � tnctnerator to� Iidle what cannot be recycled. f. Minnesota's Hennepin County also there is no one right way to do recy- good voluntary participation," so uses money to prod recycling efforts. cling. For example,the answer to one mandatory programs generally are not The county-pays its municipalities 50 big question—whether citizen partici- necessary, he says. He points to a 50 to 80 percent of their recycling costs, pation should be voluntary or manda- percent participation rate in Miami depending on how close they come to tory—seems to vary in different parts when that city's collection program recycling 10 percent of the residential of the country. started up, adding that Philadclphia` 3 waste stream. Most of the 47 cities "Recycling is a public responsibil- and Seattle also have healthy volun- >'" meet that goal, reports Debra Butler, ity, like filling potholes," states Rich- tary participation rates. (See GovexN- Hennepin's recycling education spe- and Roznoy, project manager for Re- ING, April 1988,Mage 16.) cialist; 42 have curbside collection. source Integration Systems Ltd. of There is some consensus on other,:?: Tipping fees subsidize the county's re- Granby, Connecticut. "It needs to be aspects of recycling. Experts agree cycling program, but Hennepin also mandatory." that the most effective programs make,-.' has the authority to tax city residents And indeed, "most mandatory pro- it easy for residents to participate—for. to fund recycling. grams are in the Northeast where the example, scheduling curbside collec-', The program requires municipal- garbage disposal crisis is imminent and tion on the same day garbage is picked,,,,. ities to recycle at least three materials they had to build participation as up.Curbside collection,of course,also,"µ4 " from a list of specified items. Typi- quickly as possible," notes Peter Gro- is the most expensive method. by cally, they are newspapers, cans and gan, associate director of materials re- The trend is to get residents to do"".` glass. Hennepin also requires munici- coveryfor a Seattle-based national con- some of the sorting,says Moore of the palities to operate separate yard waste sulting firm, R.W. Beck 8t Associates. National Solid Wastes Management; programs. In fact,state law bans yard But on the West Coast,many take a Association, which includes haulers waste from landfills beginning this different view, and Grogan sees an and recyclers. "In some places, house-, year. overall trend toward voluntary action. holds sort recyclabies into separate con As these three programs illustrate, "We have learned how to generate tainers. There you are able to put the:;` a 1.8A August 1990 ?; '•~1 GOVERNING GUIDE i 6 i materials into separate slots on garbage Fiore, an executive of glass producer are that markets must be lined up trucks and minimize plant sorting." Owens-Brockway, told a gathering of before recyclables are collected, and At the other extreme, all the gar- state and local government officials. that prices and markets for recyclables bage goes to a materials recovery facil- "We're not going to be your second can fluctuate dramatically. (See Gov- ity for sorting. Some industry users of landfill." ERNING, March 1990, page 34.) I i recycled materials say this is less sat- Communities and hauler/recyclers "A common myth is that all you isfactory than curbside sorting by the are well advised to focus on quality and have to do is collect the stuff and some- collector. "One advantage of curbside to design their recycling programs in one will buy it,"says William Ferretti, sorting is that the truck driver be- accordance with market requirements an official of the New York State be- comes the quality control person," for two good reasons:they will be more partment of Economic Development. says Chaz Miller,director of recycling successful at finding markets;and they "Recycling is a market-based activity." for the Glass Packaging Institute. If will get more money for the materials. Ralph Earle III, director of market residents have improperly put out ma- Ensuring quality recyclables is particu- development for the Massachusetts terials, the collector can sort it the larly important when supply burgeons Department of Environmental Qual- right way or leave a message explain- and industry demand weakens. ity Engineering, echoes those senti- ing why the material was rejected. "If ments. "A failure to develop markets MARKET AWARENESS you dump it all in the truck [without will spell the failure of recycling." sorting it first], there is no feedback to The hardest lessons many commu- Market conditions for recyclables residents, and they'll keep doing it nities and recyclers have had to learn differ considerably from area to area, wrong," says Miller. But isn't curbside sorting slow and expensive? "Not particularly," re- A STANDARD&POOR'S sponds Miller. "Obviously, if the MUNICIPAL DEDT RATING TELLS truck driver sorts the material it will DOND DUPERS WHO YOU ARE. , take longer than if everything is Investors know that when Standard&Pooes assigns dumped into the truck. But if you your issue a Municipal Debt Rating,iYs the end result dump it, you have to have a materials of in-depth research,and continuing communication between our analysts and you. recovery facility, which is a capital They know our analysts have carefully considered your cost, and you have to pay people to area's economic problems and possibilities...current - work there. Somebody's got to sepa- debt ratio...financial position...your administration's rate the stuff sooner or later." stability and experience...the specific terms and obligations of the individual issue...and your area's _ And if a community wishes to sell its needs. (, recyclables or at least get someone to So they know they can rely on S&Ps evaluation of _ credit worthiness. J _ take them off its hands,it must consider yourWhich is why bond buyers look for S&P's Municipal .woow` what the manufacturers want.Th are They Debt Ratings before they buy why so many concerned about collection and sorting thousands of issuers request them. because that can determine the price of And iY1s why next time you bring an issue to _ •- market,you should make sure it has a Municipal used materials and even whether they Debt-Rating from Standard&Pooes. can use them Most industries have cer- ��: Call for mor*Information on tain requirements for the condition and S&P's Municipal D*bt Ratings- *, quality of recyclables they will take. New York The glass industry, for example, wants V dde Tillman used glass to be separated by color and Managing Director(212)208-1854 free of contaminants. San Francisco Steve Zimmerman Some steel mills require .used tin Senior Vice President(415)445-9659 - cans to be baled to specific densities and dimensions. Plastics recyclers want A, —�-- bottles rinsed and the caps removed. , A,/fl�� "You're going to have to start meet- STANDARD&POOR S 25 1koodway.New CORPORATION*HY 10004 nlr ing industry halfway," F. Austin GOVERNING GUIDE market as did ntanV other communi- 1989 and earl), 1990, but they were tics due to its access to Asian markets, still good compared with those of other recyclables. Por Ray Hoffman is upbeat about the fu- example, in Seattle, turc. "The number of pulp mills that 1989 prices for a ton of used aluminum have made announcements about ex- cans fluctuated as much as $400, but paneling capacity or adding de-inking never dropped below $1,000. facilities in recent months is unprece- "Aluminum is a very small percent- denied," he says. age of most recycling programs by Although it takes two to four years tonnage or volume but a very signifi- to expand capacity or build new cant chunk in terms of revenue," D plants, Hoffman says, "Things are al- Hoffman notes. ready looking up for newsprint simply As for tin cans, the steel industry on the basis of the announcements." recently has made a concerted effort to One incentive for industry to increase promote recycling, but it faces two ob- capacity is the advent of legislation stacles: prices are far lower than those ! requiring newspaper publishers to use for aluminum cans; and steel mills, more recycled newsprint. California the ultimate user of recycled steel, are Y 3 and Connecticut have enacted such not evenly dispersed around the coun- ''� "content fiber" laws and other states try. The economic benefit of collecting are considering it. the cans increases, of course, for com- K' Glass. Markets for other munities located near a de-tinning recyclables have not bounced around plant. depending on a number of factors: as much, but some show the strain of Plastics. The plastics industry also how close the community is to process- mounting supplies. Until fairly re- is actively working to encourage recy- ing facilities and ready end markets; cently the glass market cling of its prod- whether communities can pool their was relatively stable, ucts and expand recyclables to command greater mar- says Darlene Snow, its end markets.A keting power; and whether foreign manager of waste recy- \ number of recy- markets are available. cling programs for the REGON PASSED cling advocates, Newspapers. The importance of National Solid Wastes THE FIRST BOTTLE such as Commis- markets became painfully clear in the Management Associa- sioner Johnson of late 1980s when the market for old tion. But in the late BILL IN 1971.RHODE Hennepin Coun- newspapers fell through the floor. In 1980s "some of our ty, say that plas- Massachusetts, for example, sellers glass recycler members ISLAND ADOPTED THE tics offer"the sec- who had been getting$20 to $30 a ton started having trouble FIRST STATEWIDE : and best financial suddenly found themselves paying$10 selling glass." Most are opportunity in re to $20 a ton to have newspapers in areas generating �.R£CYCL7NGi AW cycling"after alu- , hauled away. In Minnesota's Henne- more used glass. How- �'�'� .; � 1 minum. Indeed, pin County, the bad market for old ever, the industry still used soda bottles, newspapers forced the area's primary says it wants all the the most widely hauler out of business. The new haul- cullet (crushed glass) it recycled plastic ers charge more for collection. can get and that it could use more product, were selling for about $200 a Recycling programs are amassing good quality material. The industry ton in early 1990. more old newspapers than industry advocates curbside collection as the "You can get more for a ton of can process and use. Although prices best way to retrieve the greatest plastics than you can for glass or pa- have bottomed out,the glut is expected amount of glass. It now sponsors recy- per," says Jery Huntley, director of to continue well into 1991 when new cling groups in at least 30 states. recycling for the Council for Solid de-inking capacity is to come on line. Metal cans. Compared with glass, Waste Solutions, a group formed by In Seattle, which did not suffer so the aluminum can market tends to be the plastics industry. On the other serious a fall-off in the newspaper quite cyclical. Prices were down in late hand, plastic is so light it takes a lot of 22A August 1990 GOVERNING GUIDE i i it to make a ton. The bottom line is that plastics recycling is just getting MAKING A MARKET started, so both supply and demand have a long way to go. New markets.Although some mar- ew York State buys more than 30 million pounds of paper each kets are saturated or becoming so, the year, spending more than $17 million a year for stationery, tissue oversupply is expected to stimulate de- paper and cardboard boxes. And that's just one example of how mand in the long run. Manufacturers much state and local governments spend each year for paper,glass, plastic, are gearing up to make more use of metal and rubber products, many of which could be made of recycled recyclables than they do now. "The i materials—or returned for recycling into something else. markets for a lot of the traditional These government dollars can influence the developing markets for materials (newspaper, tin, aluminum, recycled products, if government officials: glass, cardboard) are recognizing the • Buy recycled products--or products designed to be recycled and re- development of recycling programs used.The list of what's available gets longer each year,now including items and are responding to them," says as diverse as acoustic ceiling tiles and speed bumps..A Recycled Products Hoffman. Guide is available for$98 per,copy from American Recycling Market Inc., As a result,he believes the prognosis P.O. Box 577,'OgdensIburg,'N.Y. 13669. (800)'267-0707. for recycling those materials is good. • Use equipment that is compatible with recycled products. But he says the outlook for recycling • Require contractors to use recycled and recyclable products. less traditional materials,such as mixed ' • Encourage private business'to take similar steps- paper, plastics, and compost, is "more • Combine,purchasing efforts in these areas with nearby cities,towns; problematic ...Those materials need a j and counties. = - lot more research and development, Dedicate staff to be activelytmvolved in recycling market development j,-, product innovation, and marketing." Cost is one,major reasancthat:governments don't ahead Abu more Others are more optimistic than Y Y recycled products. Government purchasers -are 'unlikely--to buy'recycicd': Hoffman about expansion of what products that are much morcAxpensivcf,,, mon recycled products.,i might be called the "green-thumb" ,And that's the situation wit !d paper Mang states andireeted by market—the users of compass.The re- 'law or regulation to purch(se»recycled paper�wheng-)o-stble.t et arecent duction of leaves and other vegetation survey by the National Association of.State'Turchasinjbfficiats found that >. into soil-enriching matter is gaining states that seek to buy recyciedpaper`oftcn find its`cost too far out of line popularity because yard waste is the with nonrerycled paper. ;x �h$�'_ �'_ . ^� second largest component of municipal !i The paper industry doesn'tyiciiow what kind of xccyeed paper to tnanu trash. Increasingly,state laws and lo- t " cal ordinances are banning ' facture, because states have`�widelywarying standards for clic kind of '; g Yand waste recycled paper they want to btiy Tht ptollem is` articularly acute for from landfills and encouraging or re- ' � iat;M e" '� uirin composting. higligrade bleached and writing�apers,'t`lic type�that�tiiost often winds up q g Po g• I back in the waste stream a' �k . � � During some spring and fall weeks, I create A.larger, more reliable>triarket for recycled a �r NASPO is leaves and other yard debris make up x`` �` ^ �p t' 70 percent'Of the total waste generated working to develop uniform standards for recycled aper:With ' Aiiitial Pe g grant from_EPA;NASPO ani'the Council o State rnments conducted in Hennepin County, says Commis- ' r n ` ' ' sinner Johnson. To deal with the del- a purvey of;;the current state xpractices r on recycling an :purchasing of J recycled paper..} 7 2 'r " Atat," "`+ ;Y, uge,the county requires its municipal- �v ities to offer a composting program, i `The next step was`to rnnven�task�force-Of embers from government Po g P g and industry`to draft standardS:or highgrade bl ell 13rintingand writing and it plans to begin operating its own g` "''' 'h -`t COMPosting facilities some time in i Pape r. This task'force is working in oon�J undion�ith���IvI�{�the�Amen' �; Post g can Society of Testing Materialsftis avork sqund ntributions from 1991. Composting is the wave of the I s „iir' t* n 1 future," Johnson says. (See GOV£RN- thestates,23 to date,and the Environments Protection 1�gencywIheq hope,. 1. .. " L~i igfiYF yet U „ a to;complete their work by mid 1991:Their�Gnal report willxinclude a'- INC, July 1988, page 67.) recommended state policy on°the purchase£�secyd paper `x'~ In Upper Dublin Township near (continued on page 28A) August 1990 25A GOVERNING GUIDE taking a longer view, which may make fills, says Lisa Haley, manager of this strategy less necessary. technical programs for the Govern- "They're willing to invest cap- mental Refuse Collection and Dis- ital and accept a lower return at the posal Association. start because they see that in the long "A lot of communities think that if _ run this is going to be very much a they recycle they won't have to have a growth field and a good Field to be landfill, and that's ridiculous," she in. says. Landfills will be with us always—especially since some other FACING REALITY options, such as exporting waste out As popular as recycling is, are of state, are narrowing. o public officials depending too heavily "Government officials shouldn't r„ on that one strategy to solve their think they'll always have this escape _ o disposal problems, in hopes that they hatch [exporting]," warns Moore, of ° will never again have to think about the National Solid Wastes Manage- ills landor incinerators? ment Association. "We're losing No, says McCarthy of the Con- places to run to. It's time to site and (continued from page 25A) gressional Research Service. Some permit facilities at home." Philadelphia, Park Superintendent communities may have unrealistic And public opinion seems to be Kevin O'Donnell also has become an goals for recycling, he says, "but I moving in that direction. The poll enthusiastic advocate of composting. think more have unrealistic goals for commissioned by Moore's organiza- The government for this community incineration." Communities are be- tion early in 1990 showed that six of of 23,000 provides curbside collection ing pushed by their citizens'to recy- every ten Americans believed that the of leaves and composts the material on cle,he adds,"so they have to go down most effective way to solve the na- township-owned land. After six that route to see how much they can tion's garbage problem was by com- months or so, the compost is distrib- get before they do the bining recycling uted to local landscapers, nurseries other options." That, with incineration and homeowners. "We can get rid of in fact, is what hap- and use of land- it all,"'says O'Donnell, adding that pened in Seattle, ac- Fills. Only two of S EARLY AS< , the program enables the township to cording to Deputy , - every ten people avoid paying $35,000 in additional Mayor Stafford. Faced -1690,RECYCLED thought it could disposal costs each year. with stout citizen resis- S_ be done without Given the ups and downs—espe- tante to the proposed PAPER WAS ;; incineration. and cially the downs—of the markets for resource recovery facil- � just one of every S ;P.RODL7CED SROM .' recyclables, some communities have ity, city officials de- {; � � r i„m ten thought it questioned the wisdom of relying to- tided, "OK, let's try q y' g y �F;P�P.ER�ANDc�"` could be done by tally on private haulers or recyclers to recycling. . .. Let's see recycling alone. operate their programs. After all, pri- how much we can re- =b - Of even greater vate companies can go broke if prices cycle,and we'll have to E importance for fall too far.And unlike municipalities, dispose of the rest of it public officials , these businesses are not motivated to in a landfill." now confronting recycle by avoided disposal costs. Even if communities reality beyond re- Some communities, such as Somer- manage to recycle as much as 50 or cycling: the poll showed a steady de- ` set County, New Jersey,operate their even 60 percent of their municipal cline in public opposition to new own recycling programs while others waste,they will still have to do some- waste-to-energy plants near their com- share some of the market risk with thing with the rest of it. Recycling is munity. In early 1989,48 percent were contractors. Seattle offered to share "a good option" and should be con- opposed while 39 percent were not. the risk with its hauler if prices drop sidered as part of an overall solid Just one year later, the situation had below specified floor prices. However, waste management plan that includes reversed itself. 37 percent objected and Hoffman believes.more companies are waste-to-energy facilities and land- 55 percent did not. 0 28A August 1990 i .. r. . ..... _ GOVERNING GUIDE RECYCLING RESOURCES For more information about recycling,of specific products or just in general, there are a number of places that state and local government officials can contact for help. Aluminum Association, 900 19th St. N.W., Washington, D.C. 20006. (202) 862-5100. Aluminum Recycling Association, 1000 16th St. N.W., Suite 603, Washington, D.C. 20036. (202) 785-0951. American Paper Institute, 260 Madison Ave., New York, N.Y. 10016. (212) 340-0654. Association of State and Territorial Solid Waste Management Officials, 444 North Capitol St. N.W. Suite 388, Washington, D.C. 20001. (202) 624-5828. Coalition of Northeastern Governors, 400 North Capitol St. N.W., Washington, D.C. 20001 (202) 783-6674. Council for Solid Waste Solutions, 1275 K St. N.W.,Washington, D.C. 20005. (202) 371-5319. Affiliate of Society of the Plastics Industry, same address. (202) 371-5200. Council on Plastic and Packaging in the Environment, 1275 K St. N.W., Suite 900, Washington, D.C. 20005. (202) 789-1310. Environmental Defense Fund, 257 Park Ave. South, New York, N.Y. 10010. (212) 505-2100. Foodservice and Packaging Institute, 1025 Connecticut Ave. N.W.Suite 513,Washington, D.C.20036. (202) 822- 6420. Glass Packaging Institute, 1801 K St. N.W. Suite 1005-L, Washington, D.C. 20006. (202) 887-4850. Governmental Refuse Collection and Disposal Association, 8750 Georgia Ave. Suite 123. P.O. Box 7219, Silver Spring, Md. 20910. (301) 585-2898. Institute for Local Self-Reliance, 2425 18th St. N.W., Washington, D.C. 20009. (202) 232-4108. Institute of Scrap Recycling Industries, 1627 K St. N.W., Washington, D.C. 20006. (202) 466-4050. Keep America Beautiful, Mill River Plaza, 9 West Broad St., Stamford, Conn. 06902. (203) 323-8987. Local Government Commission, 909 12th St. Suite 205, Sacramento, Calif. 95814. (916) 448-1198. National Association for Plastic Container Recovery,4828 Parkway Plaza Blvd.Suite 260,Charlotte,N.C.28217. (704) 357-3250. National Association of Counties, 440 First St. N.W., Washington, D.C. 20001. (202) 393-6226. National Association of Towns and Townships, 1522 K St. N.W. Suite 730, Washington, D.C. 20005. (202)737-. 5200. National League of Cities, 1301 Pennsylvania Ave. N.W., Washington, D.C. 20004:(202) 626-3000. National Oil Recyclers Association, c/o Thelen, Marrin, Johnson & Bridges, 805 15th St. N.W. Suite 900, Washington, D.C. 2005. (202) 962-3000. National Polystyrene Recycling Company, P.O. Box 66495, Washington, D.C. 20035. (202) 296-1954. National Recycling Coalition, 1101 30th St. N.W. Suite 305, Washington, D.C. 20007. (202) 625-6406. National Soft Drink Association, Solid Waste Management Dept., 1101 16th St. N.W., Washington, D.C. 20036. (202) 463-6700. National Solid Waste Institute, 10928 North 56th St., Tampa, Fla. 33617. (813) 985-3208. National Solid Wastes Management Association, 1730 Rhode Island Ave. N.W. Suite 1000, Washington, D.C. 20036. (202) 659-4613. National Tire Dealers and Retreaders Association, 1250 1 St. N.W., Suite 400, Washington, D.C. 20005. (202) 789-2300. Polystyrene Packaging Council Inc., 1025 Connecticut Ave. N.W., Washington, D.C. 20036. (202) 822-6424. Steel Can Recycling Institute, Foster Plaza 10, 680 Andersen Drive, Pittsburgh, Pa. 15220. (800) 876-SCRI. U.S.Conference of Mayors, 1620 I St. N.W., 4th Floor,Washington, D.C.,20006. (202)293-7330.Affiliate group: $ National Resource Recovery Association. 30A August 1990 CTTY GF TIGAM BAIIGm IMSURE 5 - HFUW SUMMMU Constitutional Amndment to phase in property tax limits of $15/$1,000 over a 5 year period and to limit certain fees and charges related to ownership of property- school rosyschool Category - Rats limit reduced from $15 in 1991/92 to $5 in 1995/96. Uie state is required to replace revenues lost by the school system through 1995/96. Replacement of lost revenues may increase by 6% per year. Nan School Category - Rate limit set at $10 beginning in 1991/92. There is no provision for the state to replace lost revenue. Exp from the rate limitation are debt service levies for capital construction voter approved general obligation bonds. Included in the rats limitation in addition to property taxes are a variety of other fees and charges as a direct consequence of ownership. If the $10 rate is exceeded, each district's levy will be reduced proportionately so that the total rate is not more than the $10 limit. other limitations - o Bancroft bonds used to finance local capital in— cvements will no longer be secured by the unlimited taxing authority of the City unless they are voter app�r�ved. This will likely make such izqxrovements more difficult and expensive to finance. Unanswered cquestaons - o How will the State choose to fund replacement school revenues? - increase in incone tax? establistmaent of sales tax? - major redactions in other services? o What method will be usedd to distribute replacement school revenue? o How will the $10 limit be applied to individual pr- ernes and how will certain fees and charges to be defined as "'taxes" Lader the measure, be included in the limitation calculation? o How will the new Limits on asses sments and bancroft beds affect citizen's ability to finance imprints to benefit their properties? BAISUM.5 Final Version Adopted by council 9/5/90 Measure 34-6 Election 11/6/90 ESTABLISHES AN UPDATED TAX BASE QUESTION: Shall the City of Tigard be authorized a $3,580,260 tax base beginning with the 1991/92 fiscal year? SUMMARY: If approved, the proposed tax base will allow the city to: • Maintain police, park and library service levels. • Enhance crime prevention programs in the community such as Neighborhood Patrol, Neighborhood Watch and School Resource officers. Maintain police programs including Drug Enforcement and use of the Traffic Unit. • Keep library services including educational and recreational programs. Continue evening and Sunday hours for more access to the library. • Provide financial stability. - • Maintain commitment to the Senior Center. • Strengthen control of growth and development. Background information: All members of City Council and Budget Committee recommend the proposed tax base. The proposed tax base is estimated to result in a tax rate of $2.19 per $1,000 of assessed value. The City's current tax base is $2,566,282. The City has not asked to raise the tax base for five fiscal years. In 1986, 20,765 people lived in Tigard. This year, 28,335 people live here. taxbase