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04/22/1991 - Packet AGENDA UTILITY & FRANCHISE ADVISORY COMMITTEE MONDAY, APRIL 22, 1991 - 7:00 PM TIGARD CIVIC CENTER - TOWN HALL CONFERENCE ROOM 13125 SW HALL BLVD. TIGARD, OR 1. CALL TO ORDER 2. ROLL CALL: MCREYNOLDS DISPENZA SULLIVAN IRWIN JACOBS WOGEN MIENEKE 3. APPROVE MINUTES: 3/18/91 4. SOLID WASTE ORDINANCE LANGUAGE UPDATE 5. RATE STRUCTURE ADJUSTMENT DISCUSSION o Existing issues - followup from Council Meeting o New issue - How should the rates be set for loose containers to best reflect the cost of hauling? 6. ILLEGAL HAULING COMPLAINT - Theaters 7. WASHINGTON COUNTY WASTESHED UPDATE 8. OTHER BUSINESS 9. EXECUTIVE SESSION: The Utility & Franchise Committee will go into Executive Session under the provisions of ORS 192.660 (1) (f) & (h) to consider records that are exempt from public inspection and current/pending litigation. 10. ADJOURNMENT TO ENSURE A QUORUM TO CONDUCT BUSINESS, PLEASE CALL LIZ NEWTON AT 639-4171, EXTENSION 308 IF YOU ARE UNABLE TO ATTEND. le/u&f-a • MEMORANDUM CITY OF TIGARD, OREGON TO: Utility & Franchise Committee FROM: Loreen Edin _ DATE: April 17, 1991 SUBJECT: Agenda Item #4 - Solid Waste Ordinance Language Update Attached is an updated draft of the Solid Waste Ordinance dated 4/1/91. This language represents the results of the last U&F Committee meeting direction. Some of the language changes were drafted by James Coleman (City's Legal Counsel) and were reviewed by Lee Kell (Hauler's Legal Counsel) . I have also attached the following correspondence which outlines many of the changes: o Jim Coleman's memo (dated 3/28/91) ; o Lee Kell's letter (dated 4/11/91) which address changes made since last meeting; and o Letter to Lee Kell from me (dated 4/16/91) . Staff has made all the technical changes approved by the U&F Committee at the last meeting. You will also note on the ordinance draft that staff has changed the outline format in the ordinance from (a) (1) (A) to A 1 a. This is in an effort to keep all ordinances uniform in style. Please review the attached documents. Council will not be able to consider the ordinance until their June 11th meeting. I will be recommending the Committee take action at the 5/20/91 meeting to formally forward to Council with your recommendation for action. le/ms Attachments 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 franchiser. 11.04.080 Franchise--Transfer, suspension, modification or revocation-- Conditions. 11.04.090 Rates for service. 11.04.100 Container requirements and collection limitations. 11.04.120 Unauthorized deposits prohibited. 11.04.130 Interruption of franchisee's service. 11.04.140 Termination of service by franchiser. 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." 11.04.020 Purpose, policy and scope of chapter provisions. fa� Y> 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: 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; f2•} Provide the basis for agreements with other governmental units and "" persons for regional flow control to such facilities; ( � 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; {§ 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 bi. at expense of other esus- r of the service or the''general public; J'7-}' Conserve energy and material resources; F�} Eliminate overlapping service to reduce truck traffic, street wear, Revised 4/1/91 Page 1 air pollution and noise; +9+ Provide standards for solid waste service and public responsibilities; and Provide technologically and economically feasible recycling by and through solid waste collectors. No person shall: Provide service, offer to provide service or advertise for the performance Of service without having obtained a franchise from the City of Tigard; +241 Accumulate, store, collect, transport, dispose of or resource recover solid waste except in compliance with this chapter, other city bldd.""'�*'evdifkaaees, and Chapter 459, Oregon Revised Statutes, dealing-with solid waste management and regulations and amendments promulgated under any of the foregoing. 11.04.030 Definitions. (a) "cempeasation" Faeans and laeludes+ (i) Any type ef sensideLsatlen paid fer seEvIse, Ineluding, witheut limitatlen, Eent, lease payfaeRtB and any ..the dlEeet 9E indlEeet pEevjslen feE payment of meney, goods, sevviees or- benefltB by owners, tenants, lessees, e9eupants GE Bi:ffiiIaE perseAst (2) The emehange ei seLwiees between peEsenal (3) ThQ f3tQ4.; a--f- e-e-a-s-ider-ation fr-effi the person QWfi&Hq eE P sing the selld waste to the peEsen p-Eeviding the seEviee E frem the peNsea pEevidlaq the seEviee to thepersen ewaing er the B8I!d waste Council" means the city council of the city of Tigard. -:-N:YX ................. ....... ........... "MI.—N gggg- ,'.k i Rd X-, JV.IK i"..p, ...::::. 4..::. -0. bNA ........ & 1:1.ON ........... . .......... IM Z-0: ......... ............ •::...j.7 .............. Q 'A ............... .......lu X-M WX t.............. --------------- . ...q ...... .............. ............ M ....... W.1111" ia .... ....... ....... "Franchise" means the right to provide service granted to a person pursuant to this chapter. "Person" means any individual, partnership, association, corporation, ...04-M-0 trust, firm, estate, joint venture or other public or private Tegal...dAtity. Revised 4/1/91 Page 2 0 fe•} ': "Putrescible material" means organic materials that can decompose and may give rise to foul-smelling, offensive odors or products. {€� "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. {#} "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. "Service" means the collection' g` and—transportation, d.tm ;.<v...:.. of solid wastej> ::.. {}} "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, # pur <> deatts;13R3' �. $ x and other wastes. 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 waste" does not include any "hazardous waste" as ;.1:*-- defined by or pursuant to ORS Chapter 46"fi. ►. ::.:>: ::<:4;:>:<>.:{: • :> ::< aaentn::::: aa::> ::: r :::eed ::o :::: #a ::; r ; .................................. 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 codified in this chapter, which map is hereby attached hereto, marked "Exhibit A", and by reference is hereby incorporated herein. {�} The franchisees are: f1Y Area I. Pride Disposal Company, CIEY1 Leichner, President, s.>.:::..:::::.:;.:.: P.O. Box 83.92! , Sherwood, OR 97140; Area II. Miller Sanitary Service, Inc., Thomas Miller, President, 5150 S.W. Alger Avenue, Beaverton, OR 97005; +XM Area III. Schmidt's Sanitary Service, Inc. , John Schmidt, - President, 8325 S.W. Ross, Tigard, OR 9722 #; Revised 4/1/91 Page 3 { Where any area is annexed to 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 . of this section, the area shall be added by the city s�aaageXtzby amendment to "Exhibit A." For persons other than those"`"lsteoin subsection +b*9 of this section, an acceptance of franchise must be signed and recorded as provided in Section 11.04.070 of this chapter. Nothing in this franchise or this section shall: ibit an zac ': -"<=:tip transporting (� Proh Y.Person from...........................:.;:;:;;;:{.>::.;;:.::.>;;:.;:{? .;:.;:.;:.;:...........:..:.p .:._::::::::g:: •:::>:.;;:::>:;•:::•.;;;;>:.;;:.;::::.>;-. x ::<. ..:.: ;..:; ... ::<::# :::< s i :: l �G► #; s'pes g v7 resource recovering waste proiiuced-by - - .,'.;.;at �`>pe so ng as ...:-::.. complies with this chapter, other city'ordinances, and Chapter 9 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:• - JW cai p e x i <2 eu a �3, x Et r �srt sha3 �:9:••� ���t?'z� i ::•>'�: �'•�'•lid`': ••�.�$�1�: �:`:•':#� '...:#�V.•.'.:,•�'.3:': :�;s:;:>:�:.>:. # ; ;�: ';;. ............... ........:::..:.........:•::•{y.:i:.....: is-•::..:.:.. ,,,,::..... ::::::::.......:.:.::... ��•' :s:::Fil'-6:k�. %2<8. `•'Bi�Etl-'t..�# ,??�#�w:'i3El:.:{. • :#:(•�:Yl':'% C�,l.'•',••.�s' -}��� : �:' is{•,•�••:�,••'•••:^„-»}Yh::{�•::> �•,.,.•,:�.•,,,,.;.:{: ..,�:{•>:i:'!r"v:::::h''.::i{-ii'{•i:•>�•>>:{vi:•}}:i.,•.:xv.vvvx.va....,,...,....vv..n..v..n...:ii<i-:-i:<C:i•:ii•»>ir4{..:.,,.,{ � �#��:��?�"•:'�::`•.'�`-�4�-.•:�Y:-.".. }; <�?may:#•`:�L,t.�.�•.�.•F.�%. (2) Prohibit any person from transporting, disposing of or resource recovering, sewage sludge, septic pumpings and cesspool pumpings; {3}44'0 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; Prohibit any person transporting solid waste through the city that is not collected within the city; >>:'P. € z::.<L « em to ed to Prohibit a contractor <: :.>: ;.;.::•:>.;::.3".:{{.::.;::::.;::; ... P Y —/::{i•: .. ........:......::i.:. i::i:::::i•..: ....•.... demolish, construct, ...............model...a-bui.Tding or structure, including but not limited to land clearing operations and eeaB*:vs1e_*A-n wastes, from hauling waste created [ �:►: 1 . t?�`: in connection with such employment in equipment' owned by tTiat contractor and op.erated b that contractor's em to ees`: # `":::: 4 '::..:` +s> 2 ...:�xaet�>:::>:�.re~a�e:d:>:«::�zr::::::>::.. . rai♦,ad >;;;::a �zmYx�:��: ::>:_::�?�':»> �d:':�'..:: r<�:a { Prohibit the collection, transportation and reuse of repairable or cleanable discards by private charitable organizations regularly engaged in such business or activity including, without limitation, Salvation Army, Goodwill, St. Vincent De Paul, and similar organizations; Revised 4/1/91 Page 4 �8}! ' Prohibit t 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; �s3} flr Prohibit the collection, transportation or redemption of beverage containers under ORS Chapter 459; {�A} 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; Q€Ai? :<::> 4 ► ': #tt::;,..: ;: .......:...........:..:.:.:::::::::::::::::f.. +1-1+, Require franchisee to store, collect, transport, dispose of or resource recover any hazardous waste as defined by or pursuant to ORS Chapter 4§98$; provided, however, that franchisee may engage in a separate business of handling such wastes separate and apart from this franchise and chapter; { -} Prohibit a nonprofit charitable, benevolent or civic organization from recycling Sex wastes provided that such collection is not a regular or periodic business of such organization and that—€ems all Bush 681166tIgn B$teE hpyj! 1 1979 a ..i.,..,...}. aet shall i he e_htalaed from the franehisee in the area or areass te be served 9E that a permit is obtained from the city administrator. {e}8 ? 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. {#}' 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. ...:.;••v:.::::::.:x...w::::::::::.�r:.::::::::::::::•:::::.v.:x::;•ii: v:•.•::::n......::::•:x:•:..:::.:.:::.::::..:::::::::. •:1.. ._:......:........:::::..: :...:........:::.......;;r;. .::ii:;?({i:;;;;•<'•::•::ni:4:';r.:::•::.. ...............:.............................................. 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: Franchisees shall be given advance notice of a hearing on the subject and an opportunity to be heard; i 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; ( } t> 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 +q+%!'l'shall comply with all applicable requirements of this chapter: Nothing in this subsection shall prevent the franchisees from Revised 4/1/91 Page 5 institutin�on-route recycling prior to a council determination nor from including income and expense in the rate justification section. .................................................................................................................................................... 11.04.050 Franchise--Term-Automatic renewal when. {�} } 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. {�}3} Unless the council acts to terminate further renewals of the franchises herein granted, each January 1st, the franchises are automatically renewed for a term of ten years from January 1st rental ' �{. 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. +bA*K 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. {s} 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 valorem tax, imposed by the City of Tigard. 11.04.070 Responsibility of franchiseg. {�} } The Franchises 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; Provide and keep in force public liability insurance, with a thirty-day cancellation clause::: in t -` et et '- th-a •iii:Y.:•is::-:::+";:}:i;.}i%ni:•:'i:::in:pi: }:;iii{:viii;iii'::;i}i:: :;':i�:i:.i:::i:"::}:-:i'.i.- .i::i-:iii:.::.:j:;r:.i:ii:::: ?...:.i:.i:.: 1 .......... elating to a'single occurrence 'which'"shal'T"fie"evidenced b......Cit......Recorder :,....Tfi.A<« >:3 #' t d fx3 azi se g+ 't lie insurance shall-I idemnify ani save'the 'i' y"farml'e''s''s"'against"liability or damage which may arise or occur from any acaresulting from the franchisee's o eration under this cha ter:"`'' #;' t;� . :::.::::::.: :. :::::::::::::::.::::.:.:::::.::::::::• {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; Revised 4/1/91 Page 6 f4} xFurnish a ficient 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; f5} 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; { # Collect no single-family residential solid waste before five a.m. or after seven .m. unless this condition is waived b the city P Y administrator or #is-designee; {- }•. 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; {&}$ 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; +G+ Permit inspection by the city of the franchisee's facilities, equipment and personnel at reasonable times; {1A.......... Respond to all calls for special hauling requiring equipment regularly supplied by franchisee 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; }:<:<.:;;: :'zaxf: •: a :::: r' xu .;::::: :::rxc:.. la:::t :: '::;< d -MI mw kial?:; arae}:>:::firer:>::::: � > ie :cc�<'::: a: ::«::aid>:}:.: ......... 4PIR : af i % is i a .- .• IA law ...�....�.y�..:yy}.:�{::.:':{:.::.•. .:�.::-x �.s��,.•,.`•. ;.}.}.�}.}: :::�v�}}}:?szr.<:.:.• '`p.t.:x.:�..,..},c�;y�, } ��x ...,.,: .,.,.�.:..:...} .j.:.y..y..:::.y..:..}i::.. .'}w..}y.�..::.:..:..::::...v ...........Y}••:•••r: f; ..,}✓�• . .., : bra::rr�•.:: Glx.:.:::.:::::::::._:::::::::: .::::::::.:::.::: ::j•{}}:�i:::j:::ti:F.j-•".ice:i}::•:::}}Y•ri•.�'•::.v: ...........:::::::...:Yi.<v vrri•:•i}} :••}' n}}'::^•::.}iy, .:}.. ... 5....::::... '} }¢}}::.......... .... :.}::: ::':..:: :..:..: :t::;<:::?(�',.3�::::3 '.�i,�;r'f•% '�i..��',�„'�r,::`Y.•a1�E...-�3::.�"r:-.•T�,.-. ��;�:;:;;.�i'-e-.Y#��,�,�+:,.,.I�1....�'`•':�;::;#5 ;»>:<��:::�.... WOW {b} R 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. Revised 4/1/91 Page 7 11.•04.080 Franchise--Transfe sus ension 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. {�}#3 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. {�} 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. 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. +4fta At a public hearing, franchisee and other interested 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+,&E:jtIn 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. 11.04.090 Rates for service. fa}A ? The rates to be charged to all persons by the franchisee shall be reasonable, uniform, and based upon the level of service rendered Q .:...:....y.....:..:h::'::•}:•}}:':•}:r{.yri•}::i•}}y}}i:?:•?.i:??????+}:-}}:?-}:?:.:y:•::"?+:}::4!i}:?"-}}}}}}}...:...:..............:r::4}}r::::::.:•:::{{••.}:{{::??:}:rx?r{??. haul distance•}}:}}: •��d:::�r:#:�.:: �:�:�:�i�:�H:<<; :; :: :::: a:�:€;::::>:::>a:�s:<:>:<:`: :::<:::::�'aa:': � conaeritraton"`offdwel ' rig{`units""ani""other"` acors'$w ' ch 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; {#} Nothing in this section is intended to prevent: {�- 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 >>'::.::'.;" :..;:<::> stei :::< tvtxe .... r........................................... _ or u?}}}� -Mhi6r'`fact'ors'"as"`lon `as sua ""rates are reasonaliYy` ase -`upon the cost of the particular service and are approved by the city council in the same manner as other rates; {�} The franchisee from volunteering service at reduced cost for the civic, community, benevolent or charitable program. {e-} Y Rates to be charged by the franchise. s under this chapter shall be set by the city council by resolution as" deemed necessary by the council. Except, _____ease_ "~ a . in charges to the franchise6s for solid waste .:{.;:.:+}Y.:Y.:i':::`:j:.}i}'.::i:}::.:.:...i-:.}".i'-i'.i::iW.i.:v::•4:n}'n':?:x vi"'::n}ii}}}}::{::.: ?..ry:.;;':}}}}:vyv:: disposal site feepal# :?.:::? :xaC:>;:.<.:Sh . .. >::»:► .?::« d:`= #:>::<. t . : .............r....<d�a sal:»::: ::<:: of >:>;�tas •":.}:?.im ed b a' overriirieri£ F�::::::............::::::::::::::::::::::::::::::. .:::::::::::::::::::: :::::::::::::::}}:.::::::::::::::::f;:.::. P Y g al Revised 4/1/91 Page 8 ' provided *nqluded in the rates b'y-wae� ' agencyffk's :;<• .:.,.: a are evenly distributed among the rates. The such ^ .. ::::< accompanying franchisers shafjrjiiovide sixty days written notice with justification for all other proposed rate changes. The council shall give consideration to the purposes of this chapter and the annual report due const .d rateEh . filed by the franchisees. n est ! .. .... ••-.••--- ................... The franchisee shall be provided with thirty-day prior written notice with accompanying justification for a city-initiated reduction in rate schedule. t or legislative body has raised or lowered the Unless a governmental uni in cost there is a substantial increase e cost of providing service or rate of doing business that was not provided for in the previous adjustment, rate adjustments shall be made annually on the following schedule: :; On or before March 1st, the franchisee shall file an year ending nual report +I+ (Exhibit ") with the city recorder for the y previous December 31st. The city administrator shall report to the council by April 1st on rate adjustments if any. Me-?�`-• the franchisee reports and propose appropriate to "" re . `'.' `' ins make such recommendations as A �G►7�' Y rate ieteriu:nation. A copy shall be delivered to each franchisee. >y The council may set a hearing on any proposed rate adjustment. Unless there is good cause shown and recorded in the minutes of the the council shall act upon any rate adjustment by ee1a.. May 31st, ••arid the adjustment shall take effe f theJune co council. Rate ander adjustments shall be resolution -� :i The reports are required from each franchisee regardless of whether .;:.:. or not a rate adjustment is requested. 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 ore effective er vratete. The adopted city administrator shall report any emergency together with justification to the council for action by resolution and order, if the rate is to continue for more than six months. ates d the 4q} t' Rates established orblessthe than the fixed lrat xed runless npursuant ato subsection not chargemore * of this section. le cost of providing Nonscheduled services intoshall consideratiorgen the factorsat the einbsubsect on '-"-' the service taking of this section and as determined by franchisee. 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. - Until ustification. -Until changed by the council, rates to be charged are those in effect on the effective date of the chapter. „ his If approved in a rate schedule, a "start charge" for new service and a -Ek "restart charge" for reinstituted service may be added. "Y Franchisee may request and the council shall schedule a public hearingpubon the application for adjustment or action of the council w ere no hearing has been held prior to rate determination. Franchisee may require payment for residential and multi-family Page 9 Revised 4/1/91 residential sere up to three months in advance, and may bill u to P 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. +a+f.. Any person who receives solid waste service from the franchisees shall be responsible for payment for such service. The owner of a rental or lease facility shall be liable for payment for services provided to a tenant of such dwelling if the tenant fails to make timely payment for such services. The owner of any multiple-unit rental or lease facility having two or more units shall be primarily responsible for services provided to the occupants of such facility, and shall be billed for the services. {e}t} Franchisee may charge at time of service for drop-box service or for any customer who has not established credit with franchisee. 11.04.100 Container requirements and collection limitations. In addition to compliance with ORS Chapter 459 and regulations promulgated pursuant thereto and in Section 11.04.100: 1. To achieve the purposes of this chapter, to prevent recurring back and other injuries to collectors and other persons, to comply with safety instructions to collectors from the State Accident Insurance Fund, and to comply with safety, health and environmental safeguards: V`" Solid waste shall::' have ai •^''" ^ '�'^^"`'`'sdes"'t'aper' ag ouwarii''to"the opening at the top that provides for unobstructed dumping of the contents, a bail er two handles on opposite sides, a close-fitting lid with handle, not to exceed thirty-two gallons, capacity, and be watertight in constructiorj sans shall be made of metal or some rigid material that w ti not crack or break in freezing weatheei.if and shall be waterproof, rodent-resistent and easily: cleanable# He seIId waste-ean er- eeetaine sees ;gross loaded weight tiQ`tp rr<�ar3d-pet�e :....... eLa Beourely wrapped In paper- a€ter being dEal;�-ligUidB ¢B+ < Sunken refuse cans gas or containers shall not be ' used, unless they are placecI"aboveground by the owner for service. {G} On the scheduled collection day, the ase*- *t shall provide safe access to the pickup point vxi7 -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. Oafs must be in a visible (from the street or alley)' 1ocat on 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 eaas- sans_ ...:_: . must be at ground level, ousicTeof garages, fences' and other enclosures, and within one hundred feet of the street right-of-way or curb. Where the city ak ail . 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 seer- x; tj shall provide a safe alternative access point or sjist97 Revised 4/1/91 Page 10 E�}d Alolid wasteears=x? ` ' looted at single-family residences shall be pY' `°tog ace& ether in one authorized location on the regularly scheduled collection day. +8 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-er—u�o . ( } Y Solid waste service customers shall place items not intended for pickup at least three feet from solid waste ........................ to psi. ................................... {6}t No person shall block the access to a solid waste container or drop box. (H) Ne per89H Bhall depesit-material Iner a e-material fr-m pemlasien of fram:isee. (1) No pe-r-seaB shall take eE e e any sella_waste pialeved eut €er—eelleetlea by a €raeeh-fBee er- permittee ander :t ehaptev. {d} 7 No person shall place any hazardous waste, as defined by or pursuant to ORS Chapter i1CT9"- out for collection by another person, franchisee or periinittee, or place it in any container supplied by such a person, franchisee or permittee without prior written notification and acceptance by the person, franchisee or permittee and also upon compliance with any requirements of ORS Chapter . ��..�.�.-....and an rules or re lations thereunder. :.............::n:iii:?x::•;.,....:::•::•:v::.,........................................ ':::ti'{:?k�i:>•'?:}"ii..x:rry;?�:::ryy:.iv:v?;:..;..v:J.:'•: �j.',...•.{`?:•. .. :... :,.:•-....:f'.�µ!?::may. }(� �,�y:}y� .y�, �( +1�.f, : �!{:•titi.T.}.f �?> MRR. :ti:?:}:isi:]�FMt% �I is:::1! �!•ff:�l7 �k:?:i: •(rr}.••.. .}JF. 'i:::+�:Ts�1C::*E..: ti�i's.M v. ••v:.:::::::::::::.lvv::::::::::::.�::::::•v:::::•w::w:::: ...........?};.:...•t;ti•:?;;..: -.•.•..; .:;•.;....:.w.� •.�::.�..:vw:�::::.. {:�.ii' ice'{...�• ?-'ti[i?:::+:i':?.is::r{. A:... :Ilii:WM!'.w .�:`�::.��•�.#%�:::::�':::::4�1:i�''.. �i�:.'6::::� ��ish►Ri..isft:�l��re.�:':::::Si4F:i�::+f+Tf.�r.'.. '.•'.e�.":'.'. tmu {-I�} All putrescible solid wastes shall be removed from any premises at least once every seven days, regardless of whether or not confined in any container, compactor, drop box or Ct oan- Gf3. nor... shall use any sol'1CI'-'wastb"'c'o't'1CcE l"o'ri"container sapaeity unless it is supplied by the franchisee or is approved by ham --.'bn the basis of safety, equipment compatibility ....ava lability or equipment and the purposes of this chapter. -(4� .- Containers (and drop boxes) shall be cleaned by the customer er-; provided, however, that the franchisee shall paint the exterior and provide normal maintenance. The customer 9E useE shall be liable for damage beyond reasonable wear and tear. -'LLIH ', Container customers shall supply a location and properly maintain containers so as to meet standards othe G-e-neimm. f 1............(Q) All leads ef selid wastes that may seatter, blew, _eak er > > ? # v^therwise eseape, aRe whetih-er enC3elleetien—;.Fehiele$—Qt .......................... eelleetielest-lie €raeR1;iscehRR-heen ^-�iea �a-;and h;ae Revised 4/1/91 Page 11 '�• —A sentainer €$r hasa .d^vus Qvz—other sp^oSrQi - stea gh;0 3 hn appraeprmlately labeled and plaised- IM -;a _iM_;an_sn_8_R_J_h_Ie to €he-publie. if the-seat&!..-- is reusable, It shall he sttitable €er eleaning—and be—eleaeed.—(See alae e ti extents e€ ORS Fhapter 45-9 and rules and regulatleas ....r.....................F.......:.:::::::::::........... ..... ::::::::::::::.:::.::::::::::._::::::::.: .:.............. ...................................................... ........... e a . be haUr e€1 ae 3 {e} 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 sem-iee-area. Upon petition of a group of customers reasonably requiring special service, the city council may require the franchisee to provide pEovislan 49z—vehicles capable of handling specialized loads, including but not limited to front-loading collection "MW and drop-box x and systems. (0a) Te iqEevent inJaEkes to t}se s et te�.er� and—eelleeter-sT—st-azrena federal and- state safety Eegula*;iene {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. 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" . . >< f eh r = ,a . •.:•,`.ate::::,.`-,..•,:': zai . :::::::...::«::.: ......:t....:.:::}. . ... :i.:....... ........::...:.r................. :.......:..'}....-i..:.:-ih._.........:v,. .r.:•}:?}•}Y. •:.•::v::::•{:.::::::•.v:::::u::.v::::ry.:::::::::.y.:.::.v..} }}r •:: : ..... :r}: :•}:.} PF >:.;;};}}}}:.}}}}:.}}:.}:.;: 11.04.110 Offensive wastes prohibited. kfi 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. 11.04.120 Unauthorized deposits prohibited. 4F 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. Revised 4/1/91 Page 14 11.04.130 Interruption of f Mchisee'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. ��` �? hsa :. t b the frart hide it mai b i �.ia�e1 ► t o u ::::>aaer counc3 ""sfia11 "return' any seized' propertyarict Fiusiriess"upon abatement of the actual or threatened interruption of service, and after payment to the city for any net cost incurred in the operation of the solid waste service. 11.04.140 Termination of service by franchisee. The franchisee shall not terminate service to all or a portion of #is= 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 b an act of God a public enemy, or a vandal Y , P Y, , 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 nat—be sent #6 :.`•.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 = i hapter. 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. kiiaschE.Wea shall pyid w�riths3t3 naklps� f et Lexie :.°`: aasicia: ::::::::....:..::. :................................................................................ 11.04.160 Rules and regulations. The city administrator or Mrs,-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 hs-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. Revised 4/1/91 Page 15 11:04.170 Enforcement office The city administrator shall enforce the provisions of this chapter, an "" #is— tsagents, 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. nt per�ieea sbal be ened x�rli�ufrat att�mptg se :::<::...t .s ............. .:.:::::::.r.:::.::::::.::::::::......... �.. : ...:• ::::.. ........ :.;:.;� . ::: he<.�:::>::a�te .1�s:::»>:�:�:::>::: a�:�»:::��:�� ::.;��<:>:::a�td;::>::bh�:::>:::�z�:;»:::<a:-:::.'�.�<«.:aua 11.04.180 Violation deemed misdemeanor when--Penalty. 5' Violation by any person of the provisions of su-b-seet'len (b) e€gin 11.04.100,- ffi of this cha ter:<>=< tz3 :::: da ::>:: ..:. x : ��:1�Y£ �>� '' >��:::+�..:...... x ::<:: t� d:»:: 3 t :;;::> C►<:::>: :+: �:t:: A NO.. shall be deemed a . ..: ::�:�s�: :�::::���::: ��:��'i:...�.�i::::.�r. .. .� »::�:a::��:>:::� ::::>�:'�+�::<::'�` . �::<'��..�. #:3'.��.7��•�:.::'.':< . ?E��°���--then e9•rarfezfeii-�—�--�Tfi3e 9€-a�v�aio-l�e ��3�ir-rfn. CHAP1104.II word\admsery Revised 4/1/91 Page 16 O'I*NELL, RAMIS, CREW & ARIGAN ATTORNEYS AT LAW SALLOW& WRIGHT BUILDING 1727 N.W. Hoyt Street Portland, Oregon 97209 TELEPHONE: (503) 222-4402 FAX: (503) 243-2944 DATE: March 28, 1991 TO: Loreen Edin, Administrator Services/Risk Manager FROM: James M. Colem , City Attorney's Office RE: Solid Waste Franchise Ordinance Revisions Set forth below are sections of the Solid Waste Franchise ordinance which I have redrafted based upon the direction that I received from our meeting with Lee Kell and Gerry McReynolds, and our discussion of your March 18th memo. The changes are made with reference to the 3-12-91 Draft of the franchise ordinance. 1. Section 11. 04 . 040 To subsection (d) of this section, add a new subsection (2) to read, "Prohibit a generator of source separated recyclable material from selling or exchanging such material to any person for fair market value for recycling or reuse. " Renumber all the remaining sections of subsection (d) . This language makes clear that any customer (residential or commercial) that generates recyclable material and separates that material themselves can sell such material for fair market value to a person other than the franchise holder. 2 . Section 11. 04 . 040 (i) Add a new subsection (5) to this section to read, "Section 11. 04 . 070 (11) requires franchisees to provide the opportunity to recycle, to include on-route recycling, in accordance with applicable law. This subsection is intended to provide a process by which the Council may create on-route recycling requirements in addition to those found in other applicable law. " O'DONNELL, RAMIS, CREW &ORIGAN Memo re: Solid Waste Franchise Ordinance Revisions March 28, 1991 Page 2 3 . Section 11. 04 . 070 (a) (2) Revise this section to read as follows, "Provide and keep in force public liability insurance, with a 30-day cancellation clause, with a combined single limit of $1, 000, 000, relating to a single occurrence, which shall be evidenced by a Certificate of Insurance filed with the City Recorder. The City shall be named as an additional named insured on the policy. The insurance shall indemnify and save the City harmless against liability or damage which may arise or occur from any claim resulting from the franchisee's operation under this chapter. In addition, the policy shall provide for the defense of the City for any such claims. " 4 . Section 11. 04 . 090 (c) This section is revised to read as follows, "Rates to be charged by the franchisees under this chapter shall be set by the City Council by resolution as deemed necessary by the Council. Except, changes in charges to the franchisees for solid waste disposal site fees and other similar charges directly related to the transportation and disposal of solid waste, imposed by a government agency shall be included in the rates, provided such changes are evenly distributed among the rates. The franchisees shall provide 60 days written notice with accompanying justification for all other proposed rate changes. Council shall give due consideration to the purposes of this chapter and the annual report filed by the franchisees in evaluating the proposed rate changes. " 5. Section 11. 04 . 105 Subsection (a) , Definitions, shall be moved and incorporated into section 11. 04 . 030. The remaining subsections should be O'DONNELL, RAMIS, CREW &WRIGAN • Memo re: Solid Waste Franchise Ordinance Revisions March 28, 1991 Page 3 renumbered accordingly. In subsection (c) , Approval Criteria, subsection (3) will be amended to read as follows, "The compactor and the applicant can comply with any applicable federal, state and local health, safety and environmental regulations including, but not limited to OAR 437-02-242 and this section. " The last sentence of subsection (d) , Conditions of Approval Authorized, is changed to read, "The permittee shall comply with the provisions of this section at all times while the permit is in effect. " Subsection d is renumbered subsection (c) and a new subsection (d) is created entitled Operational Standards and shall read, "At all times the applicant and the compactor shall remain in compliance with the following requirements: (1) Compliance with any applicable federal, state and local health, safety and environmental regulations including, but not limited to OAR 437-02-242 and this section; (2) The compactor and surrounding area will be kept clean at all times; (3) The compactor will undergo regular preventive maintenance and adequate emergency maintenance shall be available; (4) The compactor and operation of the compactor shall remain in compliance with all representations made in the application for and the permit issued for the operation; (5) There will be no operation of the compactor between the hours of 9 : 00 p.m. and 7 : 00 a.m. " O'DONNELL, RAMIS, CREW &ORIGAN • Memo re: Solid Waste Franchise Ordinance Revisions March 28 , 1991 Page 4 The following subsections of subsection (C) will be deleted because they have been moved into this new subsection (D) : (6) , (7) , and the hours of operation portion of (9) . These changes attempt to move operational standards from the approval criteria section. I will take another look at the section as a whole when we get another draft generated. 6. Section 11. 04 . 180 A violation will be classified as a civil infraction, not a misdemeanor. This section will be revised as follows: "Violation Deemed Civil Infraction A violation by any person of the provisions of this chapter, rules adopted pursuant to 511. 04 . 160, or of a permit issued pursuant to §11. 04 . 105 of this chapter shall be deemed a Class 1 civil infraction and shall be punishable according to the provisions set forth in Chapter 1. 16 of the Tigard Municipal Code. " 7 . 11. 04 . 040 (d) (12) The language is changed to read, "Prohibit a nonprofit charitable, benevolent or civic organization from recycling solid waste provided that such collection is not a regular or periodic business of such organization. " This change deletes the requirement that the referenced organizations need a subcontract from the franchisee or a permit from the City Administrator to recycle solid waste. Depending on the City's ultimate choice, a permit may or may not be required for this type of operation. If the permit is required under subsection (12) , then subsection (e) of this section will need to be modified to make clear that the franchisee does not have the ability to veto the provision of recycling services by the nonprofit charitable, benevolent or civic organizations. CREW & ORIGAN • O'llONNELL, RAMI.,c, Memo re: Solid Waste Franchise Ordinance Revisions March 28 , 1991 Page 5 8 . Section 11. 04 . 030 We will add a new definition for the term "placed out for collection" to read "The customer has placed solid waste into a container meeting the requirements of this chapter and located that container at a place required by this chapter as a precondition for the receipt of service. " 9. Section 11.04 . 090 (e) (4) This section is amended to read, "Unless there is good cause shown and recorded in the minutes of the Council, the Council shall act upon any rate adjustment by May 31, and the adjustment shall take effect June 1. Rate adjustments shall be by resolution of the Council. " 10. Section 11.04 . 130 We will add a new second sentence to read as follows, "If a public hearing is requested by the franchisee it may be held immediately by the City Council after compliance with the minimum notice requirements for such meetings established by the Oregon Public Meetings law. " 11. Section 11. 04 . 150 Add a new last sentence to read as follows, "Franchisee shall provide written notice to the City of its intention to subcontract any portion of the service prior to entering into such agreement. " 12 . Section 11.04 . 170 Add a new last sentence to this section to read, "However,no premises shall be entered without first attempting to obtain the consent of the O'DONNELL, RAMIS, CREW &ORIGAN Memo re: Solid Waste Franchise Ordinance Revisions March 28, 1991 Page 6 owner or person in control of the premises if other than the owner. If consent cannot be obtained, the city representative shall secure a search warrant from the City's municipal court before further attempts to gain entry, and the City shall have recourse to every other remedy provided by law to secure entry. " Original Memorandum to: Loreen Edin, City of Tigard Copy to: Lee D. Kell, Esq. , Kell, Alterman & Runstein City of Tigard/Finance File JMC:dd 3/28/91 j me\cigard\solidwas.mem/dd/3/28/91 KELL, ALTERMAN & R.UNSTEIN CLIFFORD B.ALTERMAN ATTORNEYS AT LAW RAYMOND M. KELL TED E.RUNSTEIN SECURITY PACIFIC PLAZA OF COUNSEL LEE DAVIS KELL,CPA- 1001 S.W.FIFTH AVENUE.SUITE 1800 7ELECOPIER NUMBER WAYNE D.PALMER PORTLAND, OREGON 97204-1134 (503)227-2980 LLOYD R.SUMMERS WILLIAM DICKA.STELEPHONE (503) 222-3531 TELEX NUMBER GARY P.COMPAS 4937785 KELMAN CHARLES R.WILLIAMSON ALSO ADMITTED IN MARY ELLEN PAGE FARR 5 CALIFORNIA ERIC SOGGE 54 HAWAII 548 WASHINGTON DEAN N.ALTERMAN DANA L.BARNES 3 LL-M. IN TAXATION TINA-MARIE BASKIN LARRY J.BRANT-t JUDY SHIPLER HENRY THOMAS J.MATSUDA** SUZANNE C.PICKGROBE NOLAN M.SHISHIDO April 11, 1991 VIA FACSIMILE - (503) 684-7297 Ms. Loreen Edin Administrative Services Manager City of Tigard 13125 S.W. Hall Boulevard Tigard, Oregon 97223 Re: City of Tigard Utilities and Franchise Committee Our File Number: 4850-18 Dear Loreen: The following are my comments to the memorandum from Jim Coleman dated March 28, 1991 regarding the solid waste franchise ordinance revisions. 1. 11. 04. 105. I have trouble tracking the changes or rearrangement on page 3 of the Application and Operation Standards for Section 11. 04 . 105 of the Tigard Code. I agree with Jim that the whole section should be scrutinized again after another draft is prepared. I doubt if we will have any problems with the arrangement, but it is hard to tell until we see it in context. 2. 11. 04 . 040 (d) (12) . On the bottom of page 4, Section 11. 04 . 040(d) (12) , we have some concerns with the deletion of the permit and subcontract requirements for non-profit charitable organizations. Notwithstanding the prohibition, it is possible a small, erratic, charitable fund raising project to grow to where the most profitable portion of the waste stream can be deflected in the name of charity. The project can become large and organized before anybody realizes what happens, and then it is almost impossible to bring it to a halt. The end result is the ratepayer loses the benefit of the recycling income and the cost of solid waste collection has to be reallocated over the remaining waste stream. KELL, ILTERMAN & RUNSTEIN Ms. Loreen Edin April 11, 1991 Page 2 The economic viability of the solid waste collection system and recycling as a whole depends on keeping the waste stream together and under one set of regulations. The requirement for subcontract or permit allows both the City and the collector to review the extent of the non-profit activities. Even more important is the ability to account for the amount of recycling taking place in the community. The new legislation and the recycling programs of both Metro and DEQ are going to require careful record keeping of all recycling activities. The more unregulated organizations engaged in recycling, the less accounting is possible, the less accurate the records, and the less successful the community's recycling program. 3 . 11.04 . 030. Finally, we are concerned with the new definition under Section 11.04.030 for "placed out for collection" . First, we are unsure of why this definition has to be added. There does not appear to have been any prior ambiguity. If the definition is added, the definition itself should be carefully reviewed. There are so many methods of compiling waste for collection that restricting it to that placed "into a container" may be unduly restrictive and impractical. I have reviewed these comments with Mike Leichner, and by copy of this letter am sharing them with Tom Miller and Larry Schmidt. I am sorry I can not make your meeting on April 22 , 1991, and wish you the best. Very truly yours, Lee Davis Kell LDK:dm P cc: /Regular Mail Mike Leichner (via facsimile and regular mail) Tom Miller (via facsimile and regular mail) Larry Schmidt (via regular mail) L290ADK - - ROW April 17, 1991 Mr. Lee Davis Kell CITY OF TIGARD Kell, Alterman & Runstein Security Pacific Plaza OREGON 1001 SW Fifth Avenue, Suite 1800 Portland, Oregon 97204-1134 Re: Your File Number: 4850-18 - U&F Committee Dear Lee: Thank you for your letter dated 4/11/91 in which you commented on Jim Coleman's 3/28 memo. I understand you will not be able to attend the next U&F Committee meeting and wanted to respond to your concerns in writing prior to the meeting. Item #1 - 11.04.105 - I agree that the new ordinance draft will need to be reviewed by all concerned before going to Council. With all the changes made over the last month, it is confusing until a clean draft can be reviewed. Item #2 - 11.04.040 (D) (12) - The U&F Committee requested this change at their last meeting. This was after you met with Gerry McReynolds, Jim Coleman, and myself on 3/18/91 and discussed this change. Also see Jim's 3/11 memo page 6, item 5. I appreciate your concern that it would be possible for a small fund raising project to grow out of proportion. With the ordinance language not allowing "regular or periodic" recycling programs to un b an organization this change should not threaten the be r y y g g waste stream integrity. Historically, the City and haulers have never received any applications for permits under this section that I am aware of. With active code enforcement and the haulers notifying the City of concerns, the deletion of the haulers' review or even the permit process in general should not create any negative impacts on the waste stream. Item #3 - 11.04.030 - My notes indicate that we discussed the need for a better definition of the term "placed out for collection" when the four of us met on 3/18. The need for this change was based on Jim's review of his files which indicated there had been on-going confusion with enforcement concerning what circumstances waste was subject to the provisions in sections which reference "placed out for collection" (i.e. , 11.04.040 F, G & H) . (See my 3/18 memo page 3 , item 6 and Jim's 3/11 memo page 7, item 6) . The definition language is proposed. We do need your comments and recommendations to better define "placed out for collection" so as to reduce the confusion in enforcement of the ordinance. Please get that to me by 5/10/91 for the next U&F Committee meeting. 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 Page 2 of 2 Mr. Lee Davis Kell April 16, 1991 I will be recommending to the U&F Committee that they review the ordinance and be prepared to take action at the 5/20/91 meeting to forward the ordinance for Council action. The Council is scheduled to consider ordinance revisions at the June 11, 1991 meeting. If I can be of any help, please call. Yery my yours, reen R. Edin Administrative Services Manager lre/ms c: Mike Leichner, Pride's Disposal Tom Miller, Miller's Sanitary Service Larry Schmidt, Schmidt's Sanitary Service Utility & Franchise Committee Jim Coleman, Tigard's Legal Counsel MEMORANDUM CITY OF TIGARD, OREGON TO: Utility & Franchise Committee FROM: Loreen Edin DATE: April 17, 1991 SUBJECT: Agenda Item #5 - Rate Structure Adjustment Please bring your information from the 3/18/91 meeting packet. This was agenda item No. 8 at that meeting. le/ms • 01VI • �C J e 7b- a Ue l '*' * ,* .* o �Uuw�Qhr�er� DISPOSAL COMPANY April 11, 1991 City of Tigard PO Box 23397 Tigard, OR 97223 Atten: Loreen Edin Dear Loreen, As per our discussion on April 10, I have serious concerns about several violations of the Tigard Solid Waste Ordinance. Two involve third-party recyclers and the third involves third-party garbage hauling. A person is hauling cardboard from various businesses. Our employees have, on numerous occasions seen this person picking up cardboard at Flowers by Donna and Stash Tea, to name just two. He drives an early 1970's Ford pickup with a trailer, OR Lic #QQJ 494. When I approached him to inquire what he was doing, he became belligerent and aggressive. I have since discussed this with Todd Mains at Flowers by Donna, and have agreed on a procedure to pick up his material. Another person, an older woman, has been using her station wagon, OR Lic. #852 DLV to actually remove cardboard from our containers. Our driver has seen her pulling material from at least one customer's container (Jackpot Food Deli) . We have had theft from other containers also. The third-party garbage hauler is the owner of the Joy Theater. He has stopped his service with us, bought a garbage truck, and is now hauling this theater, and about 6 or 7 others in the Metro Area that he owns. My feeling is that all of these occurances are clear violations of the ordinance. If you have any further question, please call. Sincerely, Mike Leichner P.O. Box 820 Sherwood, OR 97140 (503)625-6177 17 WASHINGTON ,{ COUNTY, April 5, 1991 } OREGON Loreen Edin Administrative Services City of Tigard 13125 SW Hall Blvd. Tigard, OR. 97223 Dear Loreen: The Special Waste Work Group of the Washington County Wasteshed Waste Reduction Technical Committee meet on April 2 , 1991 with special waste haulers. The meeting summary is attached. As I stated in our phone conversation, the three areas of concern the work group identified are illegal dumping, construction clean-up, and bulky material hauling. In January of this year I stated the Technical Committee's interest in integrating special waste hauling into our overall waste reduction program between the County and the cities. The Technical Committee recognizes the work the City of Tigard has made in attempting to resolve the construction clean-up issue. The Technical Committee members attending the meeting came away encouraged that a constructive process had been established to resolve these issues. However, the work group acknowledged that it will be six months at the earliest before the Technical Committee should expect any tangible results. In January, I had hoped that a quicker resolution might be obtained. It now would appear that the timeline identified may restrict the City of Tigard's proposed action. I will recommend to the Technical Committee support for the City of Tigard if you choose to continue to pursue a resolution to any special waste issues. The cooperating governments involved in our waste reduction program ;;ave been supportive of individual jurisdictions that choose to move ahead on waste related issues. Such individual leadership has been beneficial to all of us. I will be available for any assistance if the city decides to address these issues. Please call me at 648-8722 if you have any questions. Si ere y, -B' 1 Mar in G Recycling Coordinator CC. Waste Reduction Technical Committee Charles Hales, Home Builders Association Department of Health & Human Services 155 North First Avenue Hillsboro, Oregon 97124 WIC Nutrition Program: (503) 640-3555 TDD: (503) 648-8601 Health Services: (503) 648-8881 Administration & Planning: (503) 693-4402 Environmental Health: (503) 648-8722 WASHINGTON COUNTY ANNUAL WASTESHED REPORT 1990 Executive Summary The Oregon Department of Environmental Quality requires each year an annual report on the status of recycling within each wasteshed. The Washington County Wasteshed consists of Washington County and the Cities of Banks, Beaverton, Cornelius, Durham, Forest Grove, Gaston, Hillsboro, King City, North Plains, Sherwood, Tigard and Tualatin. Although Wilsonville is a participant in the "Washington County Recycles" cooperative program, it is located in the Clackamas Wasteshed. The past year has seen a continued expansion of recycling efforts by franchised haulers, franchised landfills and approved yard debris recycling depots. These regulated or approved operations account for only a portion of the recycling accomplished within the Wasteshed. Private, non-regulated recycling companies, such as Weyerhaeuser and Far West Fiber, are not required to report the amount of material they recycle. Curbside recycling by the franchised haulers continued to show strong growth over the last four years. 1987 - 3 ,923 tons 1988 - 4, 786 tons increase of 22% from 1987 1989 - 7,829 tons increase of 64% from 1988 1990 - 13 , 346 tons increase of 69% from 1989 Newspaper and cardboard continue to be the main items collected at the curb, accounting for three-quarters of all material collected. Figure 1 shows the four primary material types and the growth experienced by each over the last four years. Individually, eight haulers now are collecting over 1 million pounds per year. Four haulers attained over 100% growth over material collected in 1989 and on a per customer basis, four haulers have attained 500 pounds of recyclables per customer for 1990. Although many factors affect these figures, they still show a healthy curbside collection program with room to improve in 1991 with the implementation of weekly collection with recycling containers. This year was the first year that the two County landfills have reported although both have been recycling for years. The amount of material recycled through these two facilities is substantial . When added to the curbside program, a total of 24 , 423 tons was recycled by the regulated solid waste industry in Washington County. Figure 2 demonstrates proportionally the impact that the landfills have on the total numbers. The County Solid Waste Advisory Committee proposed the policy of financial incentives to Figure 2 Washington County Recycles Lakeside Reclamation ^z , 39.67% ..." .a Curbside Program 54.64% Hillsboro Landfill 5.69% RE: Total 24,423 tons Figure 3 Washington County Recycles Curbside Program M„ 25.88% Approved Yard Debris Depots ,. ,. ._ 52.64% :, r.+Y Franchised Landfills 21.48% RE: Totat 51,574 tons r' Washington County Wasteshed Summary of 1989 DEQ Report The Department of Environmental Quality issues an annual data report on the status of the Oregon Recycling Opportunity Act. In February 1991, the Department issued the 1989 data for the State. This is a summary of the report as it relates to Washington County. The full 28 page report as well as the Environmental Quality Commission's report to the legislature on recycling may be ordered directly from the Solid Waste Reduction and Recycling Section of the Hazardous and Solid Waste Division of DEQ. The Department evaluates the amount of material being recycled within each established wasteshed in the State. The Washington County Wasteshed, consisting of unincorporated Washington County and the Cities of Banks, Beaverton, Cornelius, Durham, Forest Grove, Gaston, Hillsboro, King City, North Plains, Sherwood, Tigard, and Tualatin, curbside recycles per household (HH) : Wash. Co. State Ave. Newspapers 285 lbs/HH 252 lbs/HH 14% above average Glass 105 lbs/HH 87 lbs/HH 21% above average Cardboard 63 lbs/HH 43 lbs/HH 48% above average Tin Cans 24 lbs/HH 24 lbs/HH State average Total recycled 421 lbs/HH 359 lbs/HH 17% above average Comparing Washington County to other reporting jurisdictions with over 100, 000 population, the County has the second highest rate of collection in the State. These local jurisdictions ranked by pounds per person recycled are: Marion County 30.8 pounds/person Washington County 30.6 City of Portland 29 Benton-Linn Counties 28 Clackamas County 20 Jackson County 15 Lane County 11. 6 The Department also evaluates participation in the curbside recycling program of each wasteshed. The participation of households in the curbside collection of recyclables has increased substantially each year since implementation of the program. From 1987-88 , Washington County realized a 23% increase in participation while 1988-89 shows a 34% increase. Compared to the same large jurisdictions, Washington County is positioned in the middle of the group. This demonstrates a need for continued improvement in program participation. City of Portland 28 . 6% participation Marion County 23 . 2% Benton-Linn Counties 21. 4% Washington County 20. 4% Lane County 16.7% Clackamas County 16. 3% Jackson County 14 .8% The Washington County Wasteshed can anticipate continued growth in both participation and in amount of material recycled. In 1991, the addition of weekly, same day as garbage, curbside collection of recyclables for all areas inside the urban area as well as providing recycling containers is expected to increase by 200-300% both participation and material recycled. WASHINGTON COUNTY ANNUAL WASTESHED REPORT Yard Debris Report The Oregon Department of Environmental Quality approved the "Yard Debris Recycling in the Washington County Wasteshed" in the Fall of 1989. Under the conditions of that approval, the wasteshed is to report on progress made in meeting the performance standards defined in the Oregon Administrative Rules. Under condition #3, the Washington County Wasteshed: "By July 1, 1990 recovery of at least 400 of the yard debris generated in the area. " The yard debris plan listed the amount of yard debris collectable as 27, 912 tons per year. With the approved plan providing a system of six depots throughout the County supplemented with an on-call curbside collection service, the total amount to be recycled to meet the State standard is 11, 165 tons per year. As can been seen below, the amount collected within 1990 meets the State standard and is distributed as follows: % of Plan Collection 1990 Projected Totals Totals On-call Curbside Collection 162 tons N.A. Commercial Only Depot 742 N.A. Forest Grove Depot 3 1 % Hillsboro Depot 835 24 % Beaverton Depot N.A. 0 % Tualatin 8, 537 203 0 Depot % P Beaverton/Garden Home Depot 795 45 % 11, 074 tons 79 % The total amount of material that is being processed in Washington County yard debris processors that are not franchised is 27, 151 tons. There are several factors affecting the implementation of the plan. The projected Beaverton Depot has been sited and has been through local plan review. An RFP is to be issued to obtain an operator of this site. The Forest Grove Depot has been operating for part of 1990 but has not attracted the expected amounts. The Hillsboro Depot will be moving from the USA site to the Hillsboro Landfill which should offer better access to the public. The City of Durham curbside collection program has been implemented by the franchised hauler. Considering that this is a pay for use program, the year end results of a 15% collection rate is good though not up to State standards. • • ' - :• . The City of Tualatin will implement a curbside collection program with the fee spread across the customer base. This program will initiate the use of 90 gallon roller carts. The City of Forest Grove is considering a similar curbside program that would be coupled with a citywide burn ban. Washington County fully expects to meet the 60% recycled goal that is established for the wasteshed by July 1, 1991. Updates to the Washington County Wasteshed yard debris plan will be made in 1991 to meet the provisions of the Metro Yard Debris Recycling Plan. Multi-Family Recycling Container Matching Grant FY 1990-91 Application Packet for Local Governments Enclosed are materials to assist local governments in applying for multi-family container funding. These materials include: I. Summary of Multi-Family Recycling Container Matching Grant Program A. Program Goals B. Statement of Need and Definitions C. Initial Funding Allocations Per Jurisdiction (Based on Population) D. Application Timeline II. Application Forms A. Cover Sheet B. Methods of Service Delivery C. Program Description D. Program Budget and Timeline E. Agreement to Program Eligibility Criteria III. Interim Progress Report on FY 1989-90 Multi-Family Recycling Programs I. Summary of Metro's Multi-Family Recycling Container Matching Grant Program A. Program Goals: The goals of the matching grant program are to provide financial support to local governments in meeting the following activities stated in the Regional Solid Waste Management Plan, Waste Reduction Chapter: "Multi-Family Dwelling Recycling*: Based on the results of Metro's pilot project, develop and carry out multi-family dwelling recycling programs. Specific activities associated with this program include promotion and education, and working with apartment owners to place containers on the grounds of apartment complexes to collect at least three of the following materials: newspaper, cardboard, glass, food cans, aluminum and/or scrap metal. * Implementation contingent upon identifying financing mechanism. " As a means to implement this goal, the "Annual Waste Reduction Program for Local Government, "Z states: "Local Governments shall develop a plan to install multi-material recycling container systems in multi-family locations in cooperation with the service provider and the property owner. . . The focus on multi-family recycling is anticipated as a minimum standard for inclusion in Local Government Workplans during Year Two (FY 1991-92) of the Five Year Plan. The Matching Grant Program was designed for local governments that want to get a head start in meeting this goal. B. Statement of Need and Definitions - The need for the program is demonstrated by the fact that 32% of all housing units in the Metro region are multi-family dwelling units3. Currently only a very small percentage of these dwelling units are provided the opportunity to recycle curbside. In the vast majority of apartment ""Regional Solid Waste Management Plan, Waste Reduction Chapter", Metropolitan Service District, November 1989, page 1-34 . 2"Annual Waste Reduction Program For Local Government, Year One of a Five Year Plan, 1990-1995, Metropolitan Service District, May 1990, page 7. 3iRegional Factbook 1990: Demographics, Employment, Land Development in the Portland Metropolitan Area", Metropolitan Service District, 1990, page 77. complexes, recycl .ng containers are not provided, and in the rare case recycling is accommodated, the containers are often provided for newspaper only. For the purposes of this program, multi-family dwellings generally include: - apartment 1Juildings (complexes of more than four (4) dwelling units including everything from "garden apartments" to high rise towers) , - condominium --omplexes, - retirement living facilities, - houseboat moorages, and - trailer parka, Qualifying types of residential dwelling units are usually those that are serviced as commercial hauling accounts and are provided dumpsters to be shared by all residents. C. Initial Funding Allocations Per Jurisdiction (Based on Population) - The attached chart outlines the initial funding allocations available to local jurisdictions which apply to Metro for multi-family matching grants by October 1, 1990. These initial allocations are based on population. In future years Metro will base allocations upon numbers of multi-family units. Since these numbers are not currently available based upon local jurisdictional boundaries, the Year Two Waste Reduction Program is expected to address the need for this information to be updated yearly. EAfter Geteber 1, any funds that have net been requested peal that will b e-avdil3bl-e—te ether ............... Initial Grant Allocation 1989 % OF WASTESHED POPULATION POPULATION ALLOCATION Washington County Unincorporated 126,036 12.20% $30,751 Beaverton 44,265 4.29% $10,800 Hillsboro 33,810 3.27% $8,249 Tigard 27,050 2.62% $6,600 Tualatin 13,340 1.29% $3,255 Forest Grove : 12,180 1.18% $2,972 Cornelius 5,105 0.49% $1,246 Sherwood 3,000 0.29% $732 King City 1,955 0.19% $477 Durham 800 0.08% $195 TOTAL 267,541 25.90% $65,277 Multnomah County Gresham 65,470 6.34% $15,974 Troutdale 7,375 0.71% $1,799 Wood Village 2,610 0.25% $637 Fairview 1,975 0.19% $482 TOTAL 77,430 7.50% $18,892 Clackamas County Unincorporated 91,790 8.89% $22,396 Lake Oswego 29,428 2.85% $7,180 Milwaukie 18,830 1.82% $4,594 Oregon City 14,975 1.45% $3,654 Gladstone 9,685 0.94% $2,363 Wilsonville 5,800 0.56% $1,415 Happy Valley 1,530 0.15% $373 Johnson City 480 0.05% $117 Rivergrove 335 0.03% $82 TOTAL 172,853 16.74% $42,174 Portland City of Portland 432,175 41.84% $105,446 Uninc. Mult. County 67,735 6.56% $16,527 Maywood Park 830 0.08% $203 TOTAL 500,740 48.48% $122,175 West Linn 14,270 1.38% $3,482 TRI-COUNTY TOTAL 1,032,834 100.00% $252,000 D. Timeline - The following schedule reflects key dates in the multi-family matching grant process: July 1990 - Application Packets available to local governments July 1 to September 30 - Applications reviewed by Metro staff; - Intergovernmental Agreement Contracts processed by individual jurisdictions and Metro; - Initial allocations available October 1""` - Deadline to apply for funds reserved as initial funding allocations; Local Governments may apply for additional funding from resulting pool of regional funds that were unallocated. June 30, 1991- End of Fiscal Year Timeline Update - Bob Martin's letter of 9/24/90 - In order for new approaches to multi-family recycling to be developed, the October 1st deadline was extended to October 15th. After "letters of intent" are completed, any unrequested allocations will be redistributed amongst all jurisdictions participating in the FY 90- 91 program. Application forms may be completed prior to actual request for funds. II. Application Forms For Local Governments Multi-Family Recycling Container Matching Grant Program Fiscal Year 1990 -91 A. Application Cover Sheet: Local Government Making Application: WASHINGTON COUNTY Primary Contact Person: BILL MARTIN Position Title: RECYCLING COORDINATOR Mailing Address: SUITE 200 155 NORTH FIRST STREET HILLSBORO, OREGON 97124 Phone: 503-648-8722 Total Amount Requested: $66,692 Date Submitted: 3-25-91 Please checkoff each item on the following list to verify that the following sections of the form are attached to your application: X B. Program Description X C. Methods of Service Delivery X D. Program Budget and Timeline X E. Program Eligibility Criteria B. Program Description - Please describe the program and type of container system(s) you plan to provide including: - estimated number of indoor and outdoor systems and a brief explanation of the rationale your estimate is based upon, - multi-material metal shelters and individualized curbside containers (and why) , - types of materials to be collected (if not all principal recyclables, which materials and why) , and - types and numbers of multi-family residential complexes that are targeted (4-10 units, 10-30 units, 30-60, 60+ units; highrise vs. other apartment types, condominiums, retirement centers and/or trailer parks) . Washington County in cooperation with the Cities of Beaverton, Cornelius, Durham, Forest Grove, Hillsboro, King City, Sherwood, Tigard, Tualatin and Wilsonville has approved Year 1 of the Washington County Wasteshed Five-Year Waste Reduction Plan. Intergovernmental agreements have been entered into between Washington County and each of the ten cities designating the County as the representative agent for all local jurisdictions. Multi-family recycling for residents of Washington County will be implemented over the next three years of the Five Year Waste Reduction Program. Task 9 of the plan allocates County revenue in the amount of $66, 692 toward implementation of multi-family recycling. This money will match an equivalent Metro Multi-Family Grant. Additionally, franchised haulers will contribute $29,808 toward implementation with participating governments substituting for the franchise hauler if the hauler is unable to commit to the program. The total revenue dedicated ($163, 192) will allow siting a minimum of 90 depots. With a total of 40,423 multi-family residential units, this will represent approximately one quarter of the complexes in Washington County. The franchised haulers will act as the implementing agents in the respective areas. The options for service available to each franchise hauler are: 1. For haulers with small complexes (up to 30 units) or with a small number of complexes (under 5) , an individual container per each unit may be distributed with curbside collection within the complex parking lot. 2 . For haulers with moderately sized complexes or a medium number of complexes, a system based on 32 gallon cans may be appropriate. Container enclosures acceptable to both the hauler and the complex manager/owner will be encouraged. 3 . For haulers with a large number of complexes or a large overall number of units (over 3000) , a system of roller carts with automated collection will be encouraged. Automated collection presents technical problems involving contamination that may be addressed by the addition of post-collection screening. At present, these type of facilities are not available within the Washington County solid waste system. Until such post- collection capacity for removing contaminates are on line, option #2 may substitute as an acceptable service standard. Figure #1 shows the distribution of multi-family units by franchise area and the required number of depots per hauler that will be installed under the Year 1 program. For those haulers under option #1 in the above service standards, the alternative number of individual containers are listed. It will be required of each hauler to designate the number of complexes in each franchise area with the selected recycling service option to accommodate those residents. Haulers providing recycling service under option #2 will be responsible for demonstrating that their selected container system meets the service levels set by the local governments as well as the needs of the complex owners/managers and balance the cost of individual depot requirements per complex with the overall goal of number of depots to be sited. With the oversight of their local governments, haulers will be responsible for setting their own criteria for establishing depots. Upon installation of 90 depots or an equivalent number of depots and individual containers, nothing precludes each franchise hauler from servicing depots/containers provided by complex owners that meet the appropriate standards. The cost of recycling service to multi-family residential complexes will be the responsibility of the complex owner/manager. In a recent study conducted by the Association of Oregon Recyclers (AOR) and the Oregon Sanitary Service Institute (OSSI) , four single family residential curbside recycling services were evaluated for participation and cost of each program. In these programs the market sale of collected recyclables covered only 6. 6% - 16% of the cost of collection. If capital costs are included with collection costs, recyclables covered 5.6% - 13. 6% of the total cost of the program. The 90% average revenue subsidy that exists in these four recycling programs is being provided by garbage customers through higher rates. Policy decisions support the acceptance of such a subsidy for recycling. While a "free" recycling service has been established for single family residents, Washington County and the participating cities propose that commercial recycling not be established as a "free" service. Since most multi-family complexes are considered commercial accounts, a fee will be required to implement this servcie. It is difficult to balance the need to finance the multi.-fair ly recycling program with the desire to provide sufficient incentives to encourage participation. The AOR/OSSI survey reports that the most cost effective recycling program ha,... i net cost of $210/ton. By comparison, the average cost of garbage collection in the Metro region is $143/ton. This amounts to a $67/ton subsidy to recycling after the material sale revenue ($34/ton) is deducted. While single family residential curbside recycling accounts for only 7% of all material recycled, local rates can continue to justify this subsidy. The potential for high volumes of recyclables with commercial recycling would require a substantial subsidy that rate payers may be unwilling to pay. Each local government has authority over the rates within its jurisdiction. A consistent policy of recycling incentives needs to be established to guide local rate setting. State law allows a charge for recycling service with any charge for recycling less than the charge for an equivalent amount of garbage. ORS 459 . 192 states: "Limitation on amount charged person who source separates recyclable material. A collection service or disposal site may charge a person who source separates recyclable material and makes it available for reuse or recycling less, but not more, for collection and disposal of solid waste and collection of recyclable material that the collection service charges a person who does not source separate recyclable material. " Washington County and the participating cities recognize that service levels within the multi-family sector may be substantially different than service levels within the commercial sector. The majority of multi-family residents are included within the commercial container rate schedule while a small number of multi-family complexes have individual unit waste collection. For multi-family complexes on commercial container rates, Washington County and the participating cities will establish a separate multi-family commercial rate. This will allow the local governments to establish, through the annual rate review process, the multi-family commercial cost center that is separate from the general commercial cost center. This will allow these two different services a rate that meets the required service standards. Additionally, Washington County and the participating cities will establish recycling service rates for multi-family commercial accounts at one half the rate charged for an equivalent amount of solid waste. If multi-family commercial recycling in Washington County has a similar cost subsidy requirement as is reported in the AOR/OSSI, this charge for recycling at half the rate of solid waste would only cover 35% of the cost of the program. The remaining 65% subsidy would continue to be derived from garbage customer rates. It is important that the precedent be established that commercial recycling is not "free" . This half rate charge for multi-family commercial recycling would be reviewed and subject to change annually during the rate review process. The review would evaluate the effectiveness of meeting the revenue requirements of the program while assuring an equitable incentive for recycling participation. The minimum materials at this time to be collected under the multi-family recycling program will consist of source separated green glass, brown glass, clear glass, tin cans, cardboard and newspaper. The intent is to provide the largest number of depots with the limited revenue that is available. By limiting the size of each depot and consequently the number of materials collected, the individual depot cost and subsequent collection cost can be minimized. Other principal recyclable materials (aluminum, ferrous metal, non-ferrous metal, high grade paper) are limited in volume and do not justify a container for collection at this time. Yard debris is more typically handled by landscape maintenance companies under contract with multi-family complexes and is best handled through yard debris depots established in Washington County. The multi-family recycling program will not target a particular size or type of complexes during the first year. Emphasis will instead be placed on working with interested parties that can establish the program in as brief a time as possible. Year 2 and 3 will begin to target locations for service to assure involvement of a cross section of types and sizes of complexes. C. Methods of Service Delivery - How do you plan to select participating multi-family complexes? What portions of the program will be handled by your department, another department in your local government or by sub-contractors? Who are the primary contact persons for questions from the public or other governmental agencies about the program? i Washington County and the participating cities will rely on the franchised haulers to implement the multi-family recycling program within their respective areas. Figure #1 lists these 22 providers with the number of multi-family residential units. Washington County, through signed intergovernmental agreements with each of the participating cities, will act as agent in the i planning and implementation of the program. Washington County i will also act as grant recipient for all participating jurisdictions. The County will provide oversight to assure proper implementation of the approved recycling service standards by the franchised I haulers. Required program reports will be compiled and submitted by the County. Bill Martin, Recycling Coordinator, is the primary contact person. Washington County will provide education and promotion for the multi-family recycling program. At a minimum, the County will produce and make available -a brochure on multi-family recycling suitable for tenants. The County will produce and make available a form letter and information packet for manager/owners to assist them in setting up and maintaining recycling service at their complex. Each local government maintains authority over their specific franchised hauler in rate setting and enforcement of service standards. The contact person for each particular jurisdiction is fully listed in the Five-Year Waste Reduction Plan and is: Bill Martin Washington County Beth Erlendson City of Beaverton Jerry Taylor City of Cornelius Roger Gano City of Durham Jeff Hecksel City of Forest Grove Cecilia Petrocco City of Hillsboro Lenore Ackerson City of King City James Rapp City of Sherwood Loreen Edin* City of Tigard Emilie Kroen City of Tualatin Tom Barthel City of Wilsonville * change from Five-Year Plan Individual franchised haulers will be responsible within their areas for program implementation with contact through the specific company. Washington County and the participating cities will require a contract from each franchised hauler to assure that each understands the program eligibility criteria as set by Metro and further local requirements set by the participating governments. The contract between Washington County and the franchise haulers will require the following before grant money is disbursed the following: A list of all complexes in the franchise area with number of units within each complex, address of complex, manager/owner name and phone number. A letter of commitment from the complex manager/owner of intent to participate in the recycling program. As the program budget demonstrates, Washington County is providing the 50% match required to qualify to receive Metro's Matching Multi-Family Grant Revenue. Local haulers are contributing additional revenue to the program. Washington County, upon receipt of Metro's grant funds, will distribute the entire $133 , 384 to the franchised haulers on a per unit share. D. Program Budget .jure 1 i ti-Family Recycling WASHINGTON COUNTY WASTESHED Five Year Waste Reduction Plan Year 1 Program for Fiscal Year 1990-91 Washington Metro Estimated # Estimated County Multi- Grant Grant Revenue Depots with Units wit Revenue Local Family Revenue Revenue per Dedicated to 32 Gallon Individual for Recycling Hauler ::Ompany Units per Unit Company Containers System Containers Equipment Revenue ha Garbage Company 3,900 $3.30 $12,868.85 $6,434.43 9 1,139 56,434.43 12,875.87 ,iar Mill Disposal 620 S3.30 $2,045.82 S1,022.91 1 181 $1,022.91 $457.19 ,,;nelius Disposal 137 $3.30 $452.06 S226.03 0 40 $226.03 $101.02 ,,:ols Sanitary Service 330 $3.30 $1,088.90 $544.45 1 96 $544.45 $243.34 uon's Garbage Service 380 53.30 $1,253.89 $626.94 1 111 $626.94 $280.21 Fager Beaver Sanitary Service 1,134 S3.30 $3,741.87 $1,870.93 3 331 $1,870.93 $836.21 ,,est Grove Disposal Service 1,450 S3.30 54,784.57 $2,392.29 3 423 $2,392.29 $1,069.23 ;.;barino Disposal Service 2,564 $3.30 $8,460.45 54,230.22 6 749 $4,230.22 $1,890.70 ',i .Lsboro Garbage Disposal 2,095 $3.30 $6,912.88 $3,456.44 5 612 $3,456.44 $1,544.86 +!iller's Sanitary Service 3,416 $3.30 $11,271.79 $5,635.90 8 998 $5,635.90 $2,518.97 ?acific Garbage Service 1,113 $3.30 $3,672.57 $1,836.29 2 325 $1,836.29 $820.73 ^ride Disposal 3,300 $3.30 $10,889.03 $5,444.51 7 964 $5,444.51 $2,433.43 ubLic Sanitary Service 1,287 $3.30 $4,246.72 $2,123.36 3 376 $2,123.36 $949.04 ;man's Sanitary Service 150 $3.30 $494.96 $247.48 0 44 $247.48 $110.61 ;;nidt Sanitary Service 1,200 $3.30 $3,959.65 $1,979.82 3 350 $1,979.82 $884.88 -,.ier 8 Son 130 $3.30 5428.96 $214.48 0 38 $214.48 $95.86 ,,sited Disposal Service 4,740 $3.30 $15,640.60 $7,820.30 11 1,384 $7,820.30 $3,495.29 va' ley Garbage Service 1,934 $3.30 56,381.63 $3,190.82 4 565 $3,190.82 $1,426.14 .ey West Refuse Disposal 202 $3.30 5666.54 $333.27 0 59 $333.27 $148.96 ua(Ker Garbage Service 1,975 $3.30 $6,516.92 $3,258.46 4 577 $3,258.46 $1,456.37 t Beaverton Sanitary 7,996 $3.30 $26,384.45 $13,192.22 18 2,335 $13,192.22 $5,896.27 t Slope Garbage Service 370 $3.30 $1,220.89 5610.45 1 108 $610.45 $272.84 Total 40,423 $133,384.00 566,692.00 90 11,804 $66,692.00 $29,808 . ienue Sources Estimated Container System Costs ..'a>hington County Grant $66,692.00 System A 5880.00 tro Multi-Family Grant $66,692.00 Syatem A2 $979.00 System B* $740.00 Total $133,384.00 System C S420.00 System C2 S430.00 System D $134.00 System D2 $185.00 System E $120.00 System F** $5.65 System G $5.65 D. Program Budget and Timeline - Please provide a line item budget explaining how funds will be used for this program including, but not limited to, the following information: Figure 2 Multi-Family Recycling Program Budget WASHINGTON COUNTY WASTESHED Five-Year Waste Reduction Plan Year 1 - Fiscal Year 1990-91 Franchised Hauler or Local Govt. Washington County Metro Total Allocation Allocation Allocation Costs Staffing $22,356.00 $11,004.18 $0.00 $33,360.18 administration $603.61 $0.00 $0.00 intake $2,213.24 $0.00 $0.00 promotion $1,207.22 $2,200.84 $0.00 implementation $18,331.92 $8,803.34 $0.00 Container Costs $0.00 $0.00 $66,692.00 $66,692.00 Promotion Costs $1,639.44 $1,333.84 $0.00 $2,973.28 Office Supplies $1,490.40 $1,000.38 $0.00 $2,490.78 Travel $745.20 $0.00 $0.00 $745.20 Misc./Indirect S3,576.96 $53,353.60 $0.00 $56,930.56 equipment $0.00 $48,018.24 $0.00 Totals $29,808.00 $66,692.00 $66,692.00 $163,192.00 Percentage Funding of Total Program Budget 18% 41% 41% 100% Please attach an estimated timeline that includes startup dates and milestones for program completion. 4 Local governments must provide a minimum of 50% of the total program costs for this matching grant program. Timeline February 15, 1991 Designated multi-family recycling program starts. March 1, 1991 Meeting with contractors. April 1991 County and participating cities perform annual rate review and establish separate multi-family commercial rate with separate charge for multi-family recycling. April 15, 1991 Multi-family complex owner/mangers contacted with appropriate system established. Funds distributed and contracts signed with franchised haulers. Letters of commitment signed. .Submit 1st Quarter Report. June 1, 1991 Begin distribution of depot/containers to participating complexes. Begin audit of program. June 26, 1991 Meeting with contractors. July 15, 1991 Complete distribution of depot/containers. Submit Second Quarter Report. September 25, 1991 Meeting with contractors. October 1511991 Submit Third Quarter Report and Final Project Summary December 22, 1991 Meeting with contractors. E. Program Eligibility Criteria - The following criteria are listed for your review. Please sign in the section provided to indicate that you have read and agree to these criteria. This information will be included in the formal contract language when the Intergovernmental Agreements are drafted. 1. Ownership of containers. Containers purchased with Metro funds will remain Metro's property during the gralit/contract period. Upon termination of the grant/contract, containers will become the property of grant recipients. 2. Recyclables to be collected. Recyclable materials collected under the program shall include all major materials currently collected for single-family curbside recycling programs when possible (newspaper, glass jars and bottles, tin cans, corrugated cardboard boxes, aluminum, used motor oil, and scrap metals) . Metro acknowledges, however, that storage space limitations for some apartments or condominiums may restrict the types of materials actually collected. 3 . Metro review of program materials. Applicants must agree to the following conditions in order to ensure cost control; quality control and Metro identity: a. Containers - Metro's Waste Reduction Manager (or designate) shall approve the styles of all containers purchased; grant recipients will be encouraged to buy containers in purchasing blocks with other local governments to capture potential cost savings; containers must be "hauler friendly" b. Container signs and labels - Metro's Waste Reduction Manager (or designate) shall approve the design and content of all signs and labels affixed to containers C. Printed materials - Metro's Waste Reduction Manager (or her designate) shall approve the design and content of all promotional and educational materials distributed to apartment owners, managers and tenants; all program literature must be printed on recycled paper and state that Metro has provided partial funding for the container program 4. Reporting. Grant recipients will be required to: a. Meet at least quarterly with all other grant recipients (both contractors and subcontractors) and Metro staff to discuss progress, problems, and to share information b. Submit four guarterly reports to Metro regarding: (1) Costs - Metro and local government matching funds expended to date for containers, promotional and educational materials, signs and labels, staff, and other costs (2) Containers - Numbers and types of containers targeted for installation as compared to the numbers and types of containers installed to date (3) Units enrolled - Total numbers and types of apartment units enrolled in the program to date (4) Quantities recycled - Quantity estimates for all recycled materials by type (Metro will work cooperatively with project coordinators to develop reporting forms) . (5) Promotion and education - Description of promotional and educational efforts (6) Other - Description of problems and successes C. Annual survey - Conduct one survey near the end of the grant period of all apartment tenants, landlords, and haulers receiving assistance under the grant program to determine the level of recycling participation. Results of the survey shall be reported to Metro one month after the end of the grant period. d. Multi-family housing profiles - By the end of the grant period, provide Metro with data specific to local governmental boundaries: (1) number of multi-family units (2) number of multi-family units participating in recycling programs (3) sources of above data. 5. Right to amend proposals - Metro reserves the right to request changes to proposed programs before grant awards are made final. --------------------------------------------------------------- I understand the above program eligibility cl�imteria 4nd agree these items will be included in the contract angu e_ of th future Intergovernmental Agreement. ' Signature o P imar/y Staff Contact: Date: z JEC Container System Planning Worksheet Size of Multi- Appropriate Total Number of Total Cost Per Family Comnlex Type of System Systems Needed Cost Dwelling Unit in building Systems A or B clusters ' example: System A 150 units in 5 sets (1 setfor 5 x $880 S4,400 10 buildings every 2 buildings) _ $4,400 150 = $29 example: System B 9 sets (1 setfor 9 x $740 S6,660 264 units in every .3 buildings) _ $6,660 264 = $25 28 buildings in highrise Systems C,D or 8 towers example: 120u is in System C 4 sets (2 sets 4 x $420 $1,680 2 towers in each tower) _ $1,680 120 = $14 Via`:::» 9{tJm systems A or B example: System A 3 sets (1 set for 3 x $880 $2,640 90 units in each cluster) _ $2,640 90 = $29 3 clusters • 25 ;, :^4'4> U Systems A or B example: System B 1 set $740 740 3030 units 30 = $25 =< AtT system C example: System C 1 set $450 450 20 units 20 = $23 Systems F or G example: System G 8 indiv. bins $185 185 8 units plus 2 roll carts 8 = $23 v Container Systems for Multi-Family Recycling S .....A :;;;.:;:::>.:; News ;<:k>:;::::: r . System D New 4-bin metal shelter plus ri newsbin=$880 ifrttJewsWn Set of 6 Indoor Barrels-$134 _,_ ' . . Estimate:$396 $15 $423 $15.30 Metal with lid $36.20 System A-Variation System D- variation :. 0. Same as System A with additional Ys i• Set of 8 Indoor Barrels.$185j nk= re cage on back for cardboard th (extra barrel for aluminum and ($880+99.$979) extra news barrel I wi Extra $99 $15 $423 $15.30 $36.20 $396 System B : ;_::i System E jr-r 1—1 1 1 Set of 2 metal shelters -$740 6 Bag System(with wall mount racks) $18 plus Metal News Barrels.$120 $1.50 $3620 $325 $15 • System C :.<;:. System F Set of 6 Roller Carts=$420 nium individual Baskets for each XIF $5.6&bin q apartment unit 55.65/bin $70 System C-Vartatlm9 ..:::.� um system GIr �Y l Set of 7 Roller Carts-$430 Individual Baskets plus (5-90 gal.and 2-20 gal.) 2 Roller Carts for Newspaper $5.6�bin $40 $70 $70 i MEMORANDUM CITY OF TIGARD, OREGON TO: Utility & Franchise Committee FROM: Loreen Edin DATE: April 17, 1991 SUBJECT: Agenda Item #8 - Tour of Haulers' Facilities The Committee has not yet had an opportunity to tour each of the haulers' facilities. To give you a better understanding of the process and operation, the haulers would like to conduct a tour of all three sites. At your 2/4/91 meeting, the Committee asked to discuss this during the April meeting to set a date. The suggestion of a Saturday morning was made at the February meeting. le/ms MEMORANDUM CITY OF TIGARD, OREGON TO: Utility & Franchise Committee FROM: Loreen Edin DATE: April 17, 1991 SUBJECT: Agenda Item #9 - EXECUTIVE SESSION - CONFIDENTIAL This is anticipated to be a short session dealing with records that are exempt from public inspection and pending litigation. le/ms e' eq®� iE� Jai I FRIDAY MARCH 29 199 „ v I MUM MIN _ t j i ° i Y a he Oregonian/STEVE NEHL Steve Briggs of Riedel Oregon,Compost Co.,looks up at two 100 ton rotatingarums'used fo'turn wasfe mto compost P-9 P,_, ❑The n.OW p�ant.Changes extracts recyclable materials from house "cost effective, environmentally sound hold'wastes:and processes.`the,remaunng, ;solution" to the problems of disposing of hQllSehOld Wc'3StG Il1tQ garbage through two=80-foot-long,:100 ton sohdwastes = _. .,soilCompost-enhanCiCompost '- rotatingdrums`toinakecomposty-a fine '' She said she hoped it will'serve;as a organic mixture that is,used to fertilizes prototype for several other composting By,KEN HAMBURG,!_ andconditionsoil ,plants;acrossthecountry n of TheOregonfansta/f,' Company-officials estimate they will 'Reldeand;Resource Systems Corp of extract as much as=130,000 tonsof compost ;Portland'have hceinsed their,,composhng The`first municipal garbage composting wally Residual maternal which cannot process throughout most,"of the United plant in the country was officially dedica- ;be recycle&., composted will be shipped wStates:v They plan to market the=pl"`ants ted in Portland Thursday.= _ to alandfill it Arlington ;nationally, along witli the compostthey The 18-acre, $28,million plant, capable Sen Mark Q Hatfield; R Ore:,°who produce of handling 600 tons of garbage a day up , attended the dedication ceremonies,called Tle Portland plant alone is�pro�ected to " Ito 185,000 tons a year=.,proves,that Port= .the composter.-a�"great; innobative generate Jn6i6,than;$155 xiiillion mi eve -land and Oregon are"again-ori the cii, g:=: design".that will provide'apartialsolution _nues over the course.of the Metro contract . edge ,:ofthe environmental ino�ement,. to dealing with diminishing natural ; alone,accordingtocoriipanyofficials saidAit Riedel,`chairmanaad chief execu resources through recycling:; .k five officer'of'Riedel Environmental Tech= ,Rena Cusma, executive director of the The plant was financed through the ' nologies.Inc, which built the'plant.in":> 1Vlefropolitan Service;District; which>. sale of tax e$empt bonds issued by Mefro Northeast Portland awarded a;20 year contract to Riedel to The bonds will be paid off tenth proceeds Tle Riedel Oregon Compost Co. plant: operate the�plant'last year,`called,ita -jom�thepro�ect -------------- ■ communities"seekingto recycle, matching coilectors with processors;.] and buying recycled{plastic to use iiia io sjjf, e A V to ree new products lei 4 WASITIINGT®N Perceiving a. strong public demand for environ- mentally ound'prbducts, leaders of the'plastics,windustry' a d,Thursday. that they`;would'-sb2k.-to recycle:25 w percent of all plastic bottles'.andcon tamers produced every year by X995 The"most recent ig ires Irbin,,the invironmental:Prbtection Agency show-that,bnly slightly more than 1 s p'ercentofall-plastic"products are currently recycled John D. Pepper, the president bC Ii?;der.&Gamble,one of the largest; users:of-plastic packaging,..clted"a; real sea::changoil'in environmental concernsin the Iastseveral years."Ii have never seen.an issue change, with such force,'he added ,_ `Pepper and Edgar S.Woolard Jr.,', the chairman of the DuPont'& said that plastics producers:and users would spend$20 million a year, through their trade.group,the Coun- ' cil for Solid Waste-Solutions;to help promoteplastics recyeling They=said the.assistancd would take the_form`of information'for r under way for remaining items. Oregon Mu- ReC Cled Per COritraCtS Metropolitan Service District inter/Spring 1991 seum of Science and Industry is using re- Y p The cycled white and unbleached copy paper for Oregon Deptartment of General Services almost all copying needs. I awarded two competitive contracts for re- I ? I PY g ACQUIRER rINIA cycled paper, good through January 1992. �State agencies and authorized political sub- 1991 Materials from Metro divisions can order the following: To receive any materials from the following % Creating Demand for Recycled Products list, check, clip and return to Metro's Solid James River Natural Copy Bond, PA No. 1033, `----- Waste Department, 2000 SW First Ave., Western Paper Co., (800) 275-2255, contact Portland, OR 97201. Frank Spencer. Price: $2.86/ream for 40-880 The Metropolitan Service District is responsible Earth—Smart Products cartons; $2.74/ream for more than 880 for solid waste management in the urban areas of "Buy Recycled" Guide: A guide to writing cartons; 81/2" x 11" 20-pound natural Clackamas,Multnomah and Washington counties. purchasing policies for recycled products. (brown). The Acquirer is produced as part of Metros Buy Recycled" waste reduction efforts. Increased Used Cardboard Boxes Recycled Products Index: A source list of Island Paper "ReSolve" brand xerographic paper demand for recycled products creates more use for Before you order new boxes, consider this: you more than 60 items made from recycled (minimum 10 percent post-consumer waste; can save mone b urchasin corru ated P P recycled materials, thus closing the recycling loop. Y Y P g g material comes in an easy-to-update 40 percent post-commercial waste). PA No. boxes that either have been used before or have j three-ring binder to house your notes, I 1043, Kirk Paper Co., (800) 999-5475, Jim "' ii been discontinued by the manufacturer. Some newsletters and purchasing policies. Hasty. Price: $2.94/ream for minimum 200 Buy Recycled boxes sold as "used" have actually never been Updated January 1991. cartons; $2.60/ream for minimum 800 car- used before. Rather, they were rejected because " Trade Show a Hit x 11 20-pound whit . Hole- I the were the wrong size or were printed tons; 81 2e ted Y g P Procurement Policy: Metro adopted pur- punched and 8 1/2" x 14" paper also avail- incorrectly. chasing policies for recycled paper,yard able on this contract. More than 450 people attended the Northwest debris and sewage sludge compost prod- Regional Buy y Rec cled Conference on Feb. 8 in More than 400 different ucts and retread tires. These are available Seattle. sizes of "used" boxes are to use as models for your policy develop Disclaimer:Neither the Metropolitan Service District(Metro) available from distribu- i ment. nor an Metro employee make any warranty,express or i Speakersfromm around the country tors in the Portland area. implied,or assume any legal liability or responsibility for the 'i products or processes disclosed in this document.Reference participants about the range ofproducts m nu - Prices run from 20 to 60 I Recycled Paper Handbook: A guide to herein to any specific commercial product,process or service ( factured with recycled content. Steve Loken percent less than new boxes. The following usingrecycled paper products, including by trade name,mark,manufacturer or otherwise does not Y P P P g from the Center for Resourceful Building companies are currently listed in the Metro necessarily constitute or imply its endorsement,recommenda- I I „ a list of distributors. tion or favor b the Metropolitan Service District. I echnolO in Missoula, Mont., encouraged ed Recycled Products Index as outlets for used Y P I g gY � buyers to look at emerging building products I boxes: Boxes-R-Us, 8583 SW Mandan, Tualatin "Buy Recycled" Logo: A sticker with OR 97062, 692-6139; Carton Service, 2211 NW s ,,„,.,, that use straw, glass and paper fibers. Nancy "Bu Recycled" outlined in a red banner Front Ave., Portland, OR, 97209, 227-6428; Y Y METRO { Vandenberg from New York provided a na- encircled by a blue arrow signifying 2000 S.W.First Avenue - tional perspective on the need to buy re- Subotnick & Son Packing,6719 SW Macadam i completion of the recycling loop. Portland,OR 97201-5398cycled." Ave., Portland, OR 97219, 246-1010. 503/221-1646 A Users Guide to Yard Debris Compost: More than 40 vendors from throughout the An informative booklet on yard debris Northwest exhibited innovative recycled compost. products ranging from fashion accessories ' made from re-used inner tubes to lavatory Recycled Paint j Yard Debris Compost Test Results: `'�� stalls made with recycled plastic. "This is the �; Y P In the past, the public has disposed of hun- Laboratory testing of yard debris compost t 1 audience we want to reach, this is a great dreds of cans of unwanted paint at Metro's from metro area processors ' . '+ conference," said oneroduct developer. P household hazardous waste collection events. j Organizers and participants were happy with Recycled Waste Compost Suppliers List I Metro is exploring a program to systematically y P pP the conference and are looking forward to the sort collected paints and have them remanu- for the metro area Patrick J. Reilly, City Admin 1992 event in Portland. P j City of Tigard factured into an economical and reliable flat PO Box 23397 interior paint that can be tinted. The paint Tigard, OR 97223 Printed on recycled paper,of course would meet American Society for Testing and Soil Conditioner chemical characteristics, nutrient content, Procure ent tilled into the soil to improve soil structure,i.e. weed viability, herbicide/pesticide residues, Materials and federal standards and would be � ' appropriate for residential, warehouse and I aeration or water-holding capacity.* pathogen presence and toxicity. For informa- ofce use. For more information, watch for the Policy Options. tion, or to obtain copies of test results contact, next issue of The Acquirer. ReC Bled Waste 1 I Carrie Heaton at Metro,221-1646. Y Steps for Purchasing . ` Compost When specifying the purchase of a top dress- Reduce Your Waste I ing, mulch or soil amendment: agency Does a or business use (or contract 1 Recycled Ink y g Y with a company that uses) a bark or soil 1. Review specifications to eliminate any ex- Excess Copies Using recycled ink for printing is not only cost- amendment product? If so, you may want to elusion of recycled materials or any require- effective, but can also eliminate ink disposal look at recycled compost product alternatives. ments that these products be produced from Save paper used for multiple copies by routing costs and can reduce or eliminate hazardous specific materials unless there is a basis for memos, etc.,around the office or post non- costs only would you be creating a demand for P 1 urgent communications on a bulletin board. waste problems and liabilities. such an exclusion or requirement that is i g i a recycled product and setting an example for � q ; I ti id l ons or a iconsiderations h t d t t laeo technical other organizations,but you could realize a rei The Ink Co. has a mobile reclamation system considerable savings over bark, peat or peat proven risk to plant or human safety. I Disposable Cups (MRS) that can recycle used ink on site. Once a blends. Encourage employees to use permanent coffee company has approximately 20 drums of used 2. Develop specifications for recycled waste mugs instead of disposable cups. Invest in a ink, the MRS processes it and prepares re- compost products and blends requiring the set of company mugs and glasses for visitors. cycled ink, recovering about 95 percent of the Compost Product Uses purchase of these products to the maximum total. The ink is placed back into the company's Yard debris, leaf and sewage sludge compost extent possible. old drums or holding tanks (which have been products can be used in the following applica- scraped of all residue) so that it can be reused. tions: 3. Include recycled waste compost products in all Y requests for proposals and bid specifications According to Tim Shephard of The Ink Co., the Potting Mix for organic materials. resulting ink is of equivalent or better quality or growing medium (sewage than virgin ink. It can be processed to comply sludge compost may not be ~� 4. Require that contract specifications for work to with a variety and Recognition ety of specifications. Either soy or used for food products). ,,. be performed by contractors and subcon- g petroleum based inks can be processed. All tractors includes the use of recycled waste colors can be recycled by being combined compost products. Hats off to the following companies and orga- together and processed into black ink. nizations with exemplary efforts in purchasing Phased-In Program recycled products: t%ti 1•ti� • j }� The best news is cost, which is usually equiva- ti•ti ti•ti•ti•ti ,.. y, . tix .. / tirtirtirti.•r•rtir��v �.r. If you are not sure that you are ready to con- . 'L.1•ti•ti lent to or slightly less than that of purchasing f• • ti.tirtirtirtir• Payless Northwest- purchases a variety of r:r•r•r•r• new ink. Companies using the service are vert your entire bark soil amendment opera- recycled paper products, including almost all Spared the need to dispose of old ink, which tion to recycled waste compost products, ' of the company's fine and specialty items such combined with printing solvents and solutions Mulch/To Dressing purchase materials on a case-by-case experi- p g p g as letterhead bond carbonless paper, card can become hazardous waste. s read over the soil (not tilled under) to im- mental basis. ' P stock and envelopes. Watermark Press - cur- prove growing conditions by retaining mois- rently the only printer in the metropolitan area liMany newspapers in the Portland metropoli- ture and supplying minimal amounts of nutri- Product Analysis that prints exclusively on recycled paper. tan area use this system and Shephard reports ents. Applications as a top dressing or soil Metro has conducted comprehensive testing on Watermark also has such a good in-house high customer satisfaction. I amendment include: erosion control, landscap yard debris compost since 1986 with extremely recycling program in place that the company ing, bedding medium, weed control, propaga- favorable results. Tests monitor physical and only spends $12.08 a month on trash disposal. For more information, contact: Tim Shephard, tion and berming. Tri-Met is well on its way to converting almost The Ink Company, 6705 NE 59th, Portland, OR Both Grimm's Fine Garden Mulch and McFarlane's all paper purchases to recycled paper. Cur- 97218. The phone number is 281-3727. Soil Amendment rently, at least 50 percent of paper purchases Fine Compo-Stuff(yard debris compost) have been tilled into the soil to improve soil chemistry or ; are recycled, including computer paper, paper approved for use as soil conditioners in landscape Y g com P p p ' If you know of another company providing pH. projects by the Oregon Department of Transportation towels and copy paper; testing and bids are this service, call Pat Vernon at Metro, 221-1646. (Sec.682.11). MEMORANDUM CITY OF TIGARD, OREGON TO: Utility & Franchise Committee FROM: Loreen Edin 4Q-- DATE: April 9, 1991 SUBJECT: Solid Waste Ordinance Comparison Recently, Pat Reilly, the City Administrator, asked that I develop a comparison matrix of services provided by franchisees in surrounding jurisdictions. Attached is a copy for your interest & review. le/ms SOLID WASTE FRANCHISE ORDINANCE COAPARISON Services Provided by Franchisee Complaint Recorded Bill Paying Station Flonthly/Weekly Annual Free Free Garbage Handling Process Reported Oper. Recycling City Inside City Limits Yard Debris Pickup "Clean Up" Day Serv. - City Property Written/Log Efficiency Efforts Cust, Part. Other Beaverton x Monthly 4/01 - 10/31 each year Durham Weekly x x Each Thursday Forest Grove x x x Written 'Fines on Gresham x x Log Hillsboro x Log Annual x King City Twice/Year x x Lions Club (Free) newspapers - free Lake Oswego x x Written egon City - None. Sherwood Four Times/Year x (Free) Tigard x Tualatin - Twice/Year x Written West Linn x Wilsonville One Week/Annual Written pa; CITY OF TIGARD April 9, 1991 OREGON Delyn Kies Solid Waste Management Coor. Washington County Dept. of Health & Human Services 155 North First Avenue Hillsboro, OR 97124 Dear Delyn: I wanted to take a moment to express my appreciation to you and Bill Martin for your ongoing assistance to the City of Tigard in. Solid Waste matters. In the rapid, ever-changing solid waste arena, individual entities would be at a great disadvantage without the ability to "network" with other jurisdictions. Bill's assistance with the Waste Reduction Technical Committee and the Special Waste Work Group has been invaluable. Your assistance with solid waste ordinance and rate issues as well as developing networking contacts has certainly helped the City of Tigard in our Solid Waste Franchise review. I hope that Washington County will be able to continue, and hopefully increase, its support of the Solid Waste Management efforts. With the solid waste industry changing so quickly, governmental entities are not be able to "keep up" with .the wide variety of issues. Thank you again for your constant support and assistance. Since ely, reen R. Edin Administrative Services Manager lre/ms c: Tigard Utility & Franchise Committee Bill Martin, Recycling Coordinator Alice McCartor, Director of Health & Human Services 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 Ask April 2, 1991 CITY OF TIGARD OREGON Cushman & Wakefield 200 SW Market, Suite 200 Portland, Oregon 97201 Attn: Steve Bond Dear Mr. Bond: To confirm our phone conversation, the Tigard Municipal Code designates specific areas for each garbage service in the City. The hauler for 9066 SW Oak Street is Pride's Disposal, their address is PO Box 839, Sherwood, Oregon 97140 (625-6177) . The City has adopted a rate schedule for service which all haulers must use within the City limits. Historically, Tigard has granted franchises for specific garbage hauling service areas since the 701s. Along with most other surrounding jurisdictions, Tigard has determined that one hauler operating in a defined service area creates the best opportunity to eliminate overlapping service and can result in cost efficiencies for the rate payer. If you have any further questions about Solid Waste Management in the City of Tigard, please feel free to contact me. Sinc rely, Loreen R. Edin Administrative Services Manager lre/ms 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 1 NEW Legislative comparision (as of Jan. 29, 1991)' Hey elements Local Government BW Interim Legislative DEQ Bill(SB 183) Associated Oregon (LC 348) Committee Bill(SB 66) Industries Recycling Vary by wasteshed.Forty Statewide goal for year 2000 Statewide goal of 40 percent Statewide goal of 30 percent goals percent by 1995,and 50 to be determined; 1995 interim by 2000. 1995 interim goal by 1995,and 40 percent by percent by 2000 in Metro goal and local recycling rates to and local recycling rates to be 2000.Wasteshed goals vary- region. be determined by Environmen- determined by EQC 30 percent by 1993,40 percent tal Quality Commission. by 1996,50 percent by 2000 for metro region. i Local govern- Yes,only if goals not Mandatory standards in 1992 Mandatory standards in 1992 Standards,only if goals not ment service achieved. and 1993 for cities and and 1993 for cities and achieved. standards counties. counties. Promotion and Local programs contained in Local programs contained in Local programs contained in Local programs contained in education standards. Expanded standards.Expanded statewide standards. No provision for standards. Expanded statewide statewide school program. school education program. expanded statewide school program for schools and j education program. consumers. I i I Measurement Local governments measure Department of Environmental DEQ conducts biennial waste DEQ establishes data collection recovery levels.Uniform Quality conducts biennial compostion studies and system. calculation method in waste composition study.Local recycling surveys.Local legislation.g� governments prepare recycling governments prepare reports. recycling reports. � i Composting Not part of hierarchy,Solid Waste composting Municipal a ch Composting pal Solid added to ier- Composting Waste hierarchy.Added to Waste h e arrchy. added to separation prior t composting j counted in recycling level. compost not counted as waste and marketing of byproduct is generated or material recov- recycling, not composting. ered. Local solid waste plans to add composting element. Funding Local option on collection/ A$1 increase per ton on in- Fifty cents a ton increase on Surcharge for recycling on disposal rates as cost of and out-of-state waste($1.50 in-state waste to DEQ for garbage collection service service. total). DEQ may allow waste reduction programs rates. governments to keep$1 if (total$1). standards met. Packaging Policy statement on waste Creates packaging task force No provisions. Packaging evaluated by minimization. study reduction of waste materials market committee. volumes. Also prohibits local bans of products or packaging. I Markets Procurement preferences. Procurement preferences. Policy statement on market Creates market development Institutional purchasing and Institutional purchasing and development.Some of tip fee commission.Business i recycled content standards. recycled content standards. increase to Economic development program in Market development commis- Market development com- Development Department. Economic Development sion.Expanded role for state mission.Expanded role for Department.Establishes Economic Development Economic Development market development fund. ( Department. Department. Recycled Requires 25 percent of Requires 25 percent of No provisions. No provisions. contentfor newsprint to contain 40 newsprint to contain 40 newspapers percent post-consumer waste percent post-consumer waste I paper. paper. Statewide No provisions Expands Metro Recycling No provisions. No provisions. j Metro Recy- Information Center statewide cling Igforma- and provides mobile household tion Center hazardous waste facility. and household hazardous waste 'This information is subject to change. Please ca11 the Legislative information numberfor current information (1-800-332-2313). Printed on recycled paper 91077 METRO