04/19/1993 - Packet AGENDA
SOLID WASTE ADVISORY COMMITTEE
APRIL 19, 1992, 7:00 PM
TIGARD CIVIC CENTER - TOWN HALL CONFERENCE ROOM
13125 SW HALL BLVD.
TIGARD, OR
1. CALL TO ORDER
2. ROLL CALL: Wogen _ Dispenza _ Irwin
Jacobs _ McReynolds _ Sullivan
VACANT_
3. CALL TO AUDIENCE FOR NON AGENDA ITEMS
4. APPROVE MINUTES: NONE (3/15 will be submitted at May meeting)
5. CITIZEN INVOLVEMENT TEAM UPDATE- COUNCILOR HUNT
6. UPDATES:
A. Metro Rate Setting & Year 4 Goals
B. Administrative Rules - Carts at Curbside & Service Standards
7. OTHER BUSINESS
A. Next meeting- May 24, 1993?
8. ADJOURNMENT
NOTE: TO ENSURE A QUORUM TO CONDUCT BUSINESS, PLEASE CALL LIZ NEWTON AT 639-4171,
EXTENSION 308 IF YOU ARE UNABLE TO ATTEND.
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WHAT ARE CIT'S?
Citizen Involvement Teams are grassroots, neighborhood groups
established to:
• Educate citizens on issues and process by committing
necessary resources for presentations and information.
• Encourage citizens to address neighborhood problems and
identify issues of concern.
• Create better access to the decision making process
through education.
CIT's serve as organized forums for the identification of the
public's concerns and values.
HOW DO THE CIT's WORK?
STEERING COMMITTEES
Each CIT has a steering committee of three members and one
alternate. The members of the steering committees are
responsible for scheduling the meetings, setting the agendas,
taking minutes of the meetings, facilitating the meetings, and
ensuring that everyone who wants to speak has an opportunity.
Steering Committee members also serve as contacts with City
Departments and other CITs. In order to serve on the Steering
Committee, individuals must complete city sponsored training
within 3 months of appointment or election.
Initially, Steering Committee members will be appointed by the
City Council for two or three year terms. Individuals who have
served or are serving on NPOs or other city boards or
committees shall be encouraged to apply. Upon expiration of
the terms of appointed Steering Committee members, the
Steering Committee members shall be elected by CIT members at
large for two year terms.
MEMBERSHIP
CIT meetings shall be open to all interested persons. Anyone
in attendance shall be allowed to participate in discussions
and be given an opportunity to ask questions or raise issues
as allowed in the CIT agreement.
Members are those participants who can vote and request items
be placed on the agenda.
Members are defined as follows:
Any resident of the CIT area.
Individuals who reside in other CIT areas may attend and be
allowed to participate at any CIT meeting but shall only be
considered members of one CIT. Non residents must follow the
procedures in the CIT agreement to become a member.
One individual representing a nonresident property owner or
business owner with property or a business in the CIT
boundaries.
COMMITTEES
Subcommittees may be established by the CIT to research and
report on issues the members regard as of interest and
importance. Subcommittees may focus on parks, solid waste or
any other issue deemed appropriate.
AGENDAS
Regular meetings of the CITs shall be required. Agendas are
set by the Steering Committee with participation by the City
and the CIT members. Agendas will be typed copied and mailed
by the City. The Steering Committee may request additional
copies that they can distribute to individuals not on the
mailing list. Agendas will be posted by the Steering
Committee, and published in the Tigard Times. Any member of
the CIT may request an item be placed on the agenda by
following the procedure for agendas set by the Steering
Committee. Every CIT agenda must allow time for members in
attendance to ask questions or raise concerns on issues not on
the formal agenda. A time limit may be set for each speaker
and is enforced by the facilitator.
CITY SUPPORT
The City of Tigard is responsible for providing technical
assistance to the CIT's, updating mailing and membership
lists, sending out mailings, and notifying CIT Steering
Committees of City plans and proposals and soliciting CIT
comment.
All of the CIT's Steering Committee will meet with the Mayor
or a representative and the city staff citizen involvement
contact at least three times a year. The purpose of meeting is
to evaluate the program as it relates to the Council's goals
for citizen involvement. Issues covered may include
communication, technical support, and suggestions for
improving the program.
COMMUNICATION
A copy of the CIT proceedings shall be forwarded to the City
to be distributed to the City Council and other appropriate
staff or agencies. A regular distribution list shall be
maintained by the City but the Steering Committee may request
other parties, with an interest in an item, also receive
copies.
The CIT Steering Committee may request City staff, Council, or
other agency representatives attendance to present
information. The City shall make every attempt to honor all
requests or provide a suitable alternative. The CIT Steering
Committee shall submit their requests to the City either in
writing or by telephone to a designated contact person at
least 7 calendar days prior to the scheduled meeting.
AGREEMENTS
The City shall develop a uniform agreement that will be signed
by each CIT which outlines the following:
• Purpose - Related to the city's citizen involvement
program.
• Membership - Who qualifies.
• Meetings - The frequency, how scheduled and how
conducted.
• Voting - Who is eligible, how conducted.
• Steering Committee - Responsibilities, terms of
office and selection of members.
• Agendas - How set and how distributed.
• Responsibilities of the City - For assistance and
communication.
Each CIT agreement shall be acknowledged, in writing, by a
representative of the Steering Committee and a representative
of the City Council. Amendments may be made at any time but
shall be acknowledged by the City and all CITs.
TRAINING
All Steering Committee members will be required to attend
training sponsored by the City. The training program will be
developed by the City and designed to provide Steering
Committee members with skills in facilitation and conducting
meetings, and an understanding of the decision making process.
YEAR FOUR WASTE REDUCTION PROGRAM DRAFT
L COMPLIANCE WITH STATE LEGISLATION:
1. Comply with Department of Environmental Qualityrequirements as detailed in the Ore
gon
Administrative Rules,Division 90,Recycling and Waste Reduction Chapter,in conjunction with
the Oregon Revised Statutes, Chapter 459A Reuse and Recycling.
2. Comply with the requirements of the 1991 Oregon Recycling Act. This is achieved by
implementing(a), (b), and(c)plus one other element, or by implementing five of the following
program elements in any combination:
a) Provide a recycling container for each residential customer no later than January 1, 1993_
b) Provide at least once each week collection of source separated recyclables.
c) Provide a recycling education and promotion program that is expanded from the minimum
requirements.
d) Establish, through local ordinance, a multi-family recycling collection program.
e) Establish and implement residential yard debris collection program.
f) Establish and implement regular on-site commercial recycling collection.
g) Establish collection rates for residential solid waste encouraging source reduction.
3. An expanded education and promotion program[(c)above]must include at least the following
elements:
a) Initial written notice to residential and commercial generators of recyclables which includes:
• reasons to recycle;
• name, address, phone#of on-route collector,
• listing of depots with hours of operation;
• or reasons to recycle and a phone number to call for recycling information on depots,
services, collection, and Metro Recycling Information(234-3000).
b) Written information about recycling to disposal site users. The information must include
reasons to recycle, a list of recyclable materials, and proper preparation instructions.
c) Unattended disposal sites must have signage indicating availability of recycling on-site,
materials accepted, and proper preparation instructions.
d) Identify and establish a citizen involvement process to develop and implement an
education/promotion program.
e) Notification and educational materials provided to local media, trade publications, local
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f) Use a variety of materials and media formats to deliver the expanded program information to
maximum number of service collection customers and generators of solid waste.
g) Designate an education/promotion person as the official contact.
h) New residential/commercial collection service customers shall receive educational .:
information listing materials collected, schedule of collection, proper preparation information
and reasons to source separate.
i) Existing residential/commercial collection service customers to be provided at least quarterly,
with written or more effective information on reasons to recycle, list of materials, and proper
preparation instructions.
j) Provide to each collection service customer, annual written information about benefits of
recycling,type and amount of materials recycled during past year, and proper preparation
instructions.
k) Conduct one community media event per year to promote recycling.
Metro Support
• Provide"Metro Challenge" grants to help defray the cost of administering programs to comply
with the 1991 Oregon Recycling Act, to maintain activities begun in years one, two, and three,
and to initiate new programs in year four.
• Produce brochures, fact sheets,videos, and other educational and promotional materials for use
by local governments.
• Provide metro area residents with recycling information through the Metro Recycling
Information phone lines.
• Coordinate the region's waste reduction efforts.
• Provide solid waste data/technical information to local governments_
• Implement pilot programs to test new waste reduction systems and technologies.
• Submit an annual Wasteshed Report to the DEQ on behalf of the local governments.
CONTINUE T
II. CON O MAIN TAIN AND PROMOTE THE ACTIVITIES BEGUN INYEARS
ONE,TWO AND THREE OF THE ANNUAL WASTE REDUCTION PROGRAM AS
LISTED BELOW:
1. Multi-Family Recycling
The Multi Family Recycling Program establishes recycling collection through local ordinance,
franchise, or any other means enforceable by the city or county for multi-family dwellings with five
or more units. If chosen as a program element, at least four principal recyclables must be collected
and educational materials must be distributed to both new and existing residents of multi-family
dwellings. Providing recycling services at multi-f imily dwellings shall be substantially complete by
July 1, 1995.
Local governments provide technical assistance to haulers and properly owners/managers on multi-
family recycling systems. Local governments provide staff oversight and matching grant funds.
Metro Support
• Provide technical assistance on multi-family recycling systems.
• Coordinate training programs for apartment owners/managers.
• Promote multi-family recycling through Metro Recycling Information and other resources.
• Provide partial funding for multi-family container systems, decals,.promotional and educational
materials, and site preparation expenses.
2. Yard Debris Recycling
The Yard Debris Recycling Program establishes an effective residential program for the collection
and composting of yard debris. The program must include promotion of home composting by
written or other effective information,directed at the residential generator, and the implementation of
a DEQ-approved yard debris collection system.
Metro Support
• Assess the long-term adequacy of collection programs throughout the region, including those
established to meet the requirements of the Regional Yard Debris Recycling Plan.
• -Prepare and distribute the results of demonstration projects utilizing yard debris compost.
3. In-House Recycling and Purchasing
In-House Recycling Programs establish recycling collection of office paper and other materials.
Local.governments will distribute promotional and educational fliers, and expand existing
in-house recycling programs to include additional materials as practical.
In-House Purchasing Programs include active efforts to use supplies that have recycled content and
adoption and implementation of price preferences and policies consistent with the 1991 Oregon
Recycling Act. Such a policy should allow at a minimum, a 5%price preference for recycled
materials and supplies.
Metro Support
• Provide technical assistance to Recycling Coordinators and others on how to expand in-house
waste reduction and recycling efforts.
• Make available Metro-produced videos and documents on recycling.
• Provide specifications and technical information on recycled materials and products with recycled
content.
• Provide assistance in the set up of procurement tracking systems,working directly with local
government procurement staff as needed.
• Develop and distribute recycled product procurement kits containing product information and
model language for soliciting and evaluating recycled products procurement bids.
• Facilitate, if warranted, the development of a local governments'purchasing block-
4.
lock4. Building Design Review
Building Design Review requires that recycling areas be incorporated into the construction of all new
multi-family, commercial, institutional, and industrial developments. Such recycling areas must
provide adequate space and access to facilitate effective recycling on the part of building users and
efficient recycling on the part of the haulers. Local governments will continue the process of
adopting and implementing zoning ordinances that specify such provisions for recycling.
Metro Support
• Provide background and technical information through Metro's Model Ordinance. This model
ordinance is designed to serve as a model for local governments to modify and adopt into their
own codes.
• Assist with modifying the model for consistency with local codes.
I
S. Construction/Demolition Debris Recycling
Incorporate construction/demolition recycling into local government and Metro renovation and
development projects whenever economically feasible: Such activities include the recycling of
construction and demolition debris, and the use of recycled content building materials when possible.
Promote recycling by distributing educational informational brochures provided by Metro to all local
contractors during permitted construction/demolition projects.
Metro Support
• Provide specification language and information about procurement methods.
• Develop and distribute a"How to Guide" and video on Construction/Demolition Debris
Recycling and use of recycled building materials for construction.
• Distribute information on debris recycling and on use of recycled materials in construction of the
new Metro headquarters building.
• Recycling Information staff will distribute the Construction Site Recycling brochure and respond
to questions from the public.
• Develop, print and distribute in coordination with contractors and local governments, information
and training regarding recycling and recovery options and markets.
6. Home Composting
Promote home composting as an alternative to disposal.
Metro Support
• Provide educational materials and home composting workshops.
• Continue to maintain four home composting demonstration sites in coordination with local site
sponsors.
7. Household Hazardous Waste
A Household Hazardous Waste(HHV)Program educates residents on HIM minimization and
proper disposal at Metro's fixed HHW facilities and/or mobile collection system.
Local governments will participate with Metro in the development of a regional strategic plan for
household hazardous waste education, promotion and information dissemination; utilize promotional
materials, kits and displays produced by Metro; and assist Metro in scheduling workshops,
presentations, displays and promotional activities in local communities.
Metro Support
• Facilitate development of a regional strategic plan for HHW education, promotion and
information in compliance with the AHW chapter of the Regional Solid Waste Management Plan.
Include coordination with governments,DEQ, fire districts, sewage agencies, retailers, and other
affected.parties.
• Provide promotional materials on HRW alternatives and minimization such as booklets,
handbooks and fact sheets, presentation lits and displays for use by local governments.
• Provide workshops, presentations and school and adult education programs on HHW alternatives
and minimization.
8. Evaluate Feasibility of Adding New Materials to Curbside Program
Each local government will continue to evaluate the feasibility of adding-materials to their Residential
Curbside Programs, based on the economic and technical feasibility of collection and the adequacy of
markets.
Metro Support
• Perform feasibility studies and share information with local governments.
• Provide technical information on curbside collection systems, including weight, composition and
participation data, etc.
• Facilitate market development for all recyclable materials.
9. Recycling Depots
Promote recycling depots collecting non-curbside items. Local governments, in cooperation with
Metro,will continue to promote depot collection of materials such as phone books and Christmas
trees, as well as other items such as scrap paper and plastics.
Metro Support
• Coordinate phone book collection programs.
• Promote Christmas tree recycling services and locations.
• Maintain a region-wide database of information on recycling depots through the Metro RecyclinE
Information program
10. School Recycling
Provide schools the opportunity to participate in waste audits and implement waste
reduction/recycling programs. Local governments will continue to provide a school education
program and offer technical assistance in implementing waste reduction and recycling programs.
Metro Support
• Facilitate development of a regional strategic plan for waste reduction and recycling education
with local governments, DEQ and Department of Education that meets state requirements.
• Provide in-school recycling assistance, school presentations, teacher workshops and educational
materials in accordance with the regional strategic waste reduction education plan and
coordinated through local governments, until completion of the regional strategic plan.
11. Commercial Waste Audit Program
Continue to promote the availability of waste audits and available recycling services to the
commercial sector. Offer audits upon request that focus on waste reduction and pecycling.
Metro Support
• Assist in development of industry-specific educational strategies.
• Promote waste reduction activities in the commercial sector through the use of Metro's recycling
video.
• Continue to offer commercial waste reduction consultations coordinated through local
governments.
IIL NEW WASTE REDUCTION PROGRAMS FOR FY 1993-1994
1. Comprehensive Commercial Recycling Plan
Develop a Comprehensive Commercial Waste Reduction and Recycling Plan. The plan should
include timelines to achieve compliance with DEQ criteria. DEQ criteria, if selected as a program
element, require regular on-site collection of source-separated principal recyclable materials from
commercial and institutional solid waste generators employing 10 or more persons and occupying
1,000 square feet or more in a single location. A copy of the plan and a progress report on its
implementation will be an important part of the Program Summary Reports due on August 1, 1994:
and August 1, 1995.
If commercial recycling is not selected as a program element, local governments will develop a plan
that includes:
a) long-term waste reduction and recycling strategy designed to make a significant contribution
to the regional objective of a 50%reduction/recycling level by the year 2000;
b) time lines for implementing the program;
c) coordination with Metro and other local governments to design a system to measure and
evaluate the effectiveness of the program;
d) identification of responsible parties(haulers, local governments, businesses) and specification
of their roles in implementing the program.
Metro Support
• Provide local governments with information on the Commercial Weight Generation Study
results, material generation rates, and waste characterization by business type.
• Provide local governments with promotional materials.
• Coordinate industry-specific waste reduction workshops.
• Facilitate the development of industry-specific work groups to plan education strategies. Work
groups to include representatives from business type,local government and service provider.
2. Rates
Local governments set rates for waste collection and recycling. Rates should encourage
participation by customers and recycling of materials. If rates are selected as a program element,
local governments will develop a plan that addresses the following:
a) At least one rate shall be offered for a container that is twenty-one(21)gallons or less in size and
costs less than larger containers.
b) Rates shall be based on the average weight of solid waste disposed per container for various sizes
of containers.
c) Rates, as calculated on a per pound disposed basis, shall not decrease per pound with the
increasing size of the container or the number of containers.
d) Rates per container service shall be established such that each additional container beyond the
first container for each residential unit shall have a fee charged that is at least the same fee and no
less than the first container_
e) Rates, calculated on a per pound disposed basis, shall be established by the city or county
through development of their own per pound average weights for various container sizes by
sampling and calculating the average weights for a cross section of containers within their
residential service area.
Metro Support
Re-assess current rate incentive methodology.
• Sponsor weight-based rates symposium or work session.
3. Waste Reduction Program Planning
Participate with Metro and the citizen involvement process, including industry and business, to
evaluate the fust 5 year waste reduction program and develop recommendations to design the second
Five Year(FY 1995-96 -FY 1999-2000)Waste Reduction Program and yearly activities.
Develop programs, roles and responsibilities and prepare recommendations for year 5 waste
reduction program(FY 1994-95).
Metro Support
• Facilitate long-term planning and Annual Waste Reduction Program planning so that each annual
plan is designed by the end of the first quarter of each fiscal year.
neativrp\kr ilBu2 doc (3/16/93)
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Bring us your old paint,
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dead nd usedoiI.
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Clean unwanted hazardous household products off your shelves.
Dispose of them safely at a collection event in Forest Grove, Gresham,
Sandy or Aloha this spring.
Limited collection events � .
(ONLY batteries, oil, paint and antifreeze accepted.) C t
April 18 - Forest Grove
8 a.m. to 4 p.m.
Forest Grove Fire Station
1919 Ash Street, Forest Grove
Between 19th and Pacific
May 2 - Sandy
8 a.m. to 4 p.m.
Sandy Union High School, parking lot
17100 Bluff Rd., Sandy
(rake Hwy.26 to Bluff Rd.,
turn at high school sign)
General household •
hazardous
waste collection events
(All household hazardous waste accepted, including leftover paint, solvents, pesticides, automotive fluids, aerosols and
hobby chemicals. Look for label warnings such as flammable, danger, warning and caution.)
April 25 - Gresham May 16 - Aloha
9 a.m. to 3 p.m. 9 a.m. to 3 p.m.
Gresham City Hall Fire Station #252
1333 NW Eastman Parkway, Gresham 20665 SW Blanton, Aloha
(rake N Hwy.and tum south on 209th to Blanton)
All waste must be from your home and cannot exceed 35 gallons. Sorry, we cannot accept containers larger than five
gallons, commercial waste, asbestos, explosives, ammunition, compressed gases, radioactive materials or infectious waste.
Household hazardous waste is accepted every Thursday, Friday and Saturday at Metros permanent Household Hazardous
Waste Facility in Oregon City. For more information, call Metro Recycling Information at 224-5555. (After April 16,call
our new offices, 234-3000.)
(see other side for important information)
What to expect at the event. Reduce hazardous waste
Household hazardous waste collection events have been in your.home.
very popular in the past, so be prepared to wait in your
car for up to one hour. You may be able to avoid disposing of hazardous waste
and protect the health and safety of your family by
Please remain in your car when you arrive. When you shopping carefully in the future.
reach the unloading area,release your trunk or open
your vehicle, and a technician will unload your materials. Choose safer alternative products whenever possible.
Please do not smoke while in the collection area. Call Metro Recycling Information, 224-5555(234-3000
after April 16), for free information about safer home
and garden products.
How toP
m materials. Check your inventory Ybefore buying new products.
If you must purchase products that are hazardous, buy
• Keep products in original containers when possible. only what you will use completely. That way you won't
If a product does not have its original label, label it have to worry about disposal.
yourself if you're sure of the contents.
If you do have leftovers,try to find someone who can
• Don't mix products together. Dangerous reactions use them. Do not, however, give away old pesticides.
can occur. They generally lose their effectiveness after a few years.
Some old pesticides contain chemicals that are now
• Seal products properly to prevent leaks and spills. banned, such as DDT and Kelthane.
Secure leaking containers in secondary leak-proof
containers.
• Pack containers in sturdy cardboard boxes in the
trunk of your vehicle, away from the driver, passen-
gers and pets. Boxes and other containers, includ-
ing gas cans, cannot be returned to you. Please do
not put items in plastic bags.
• Always store products in a secure place, away from
children, pets and heat, sparks or flames.
Printed on recycled paper METRO 93127 SG
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Pat Reilly, City Administrator
FROM: Loreen Edin, Acting P.W. Director
DATE: March 25, 1993
SUBJECT: Solid Waste Rate Review
RECOMMENDATION
No rate adjustment is necessary based on the review of the 1992
annual reports submitted by the franchised solid waste haulers.
Also, there is no Metro tip fee pass through anticipated for this
year, however, final confirmation of that will be received from
Metro by 5/15/93.
BACKGROUND
The Solid Waste Franchise Ordinance requires haulers to submit an
annual financial report by March 1st each year. The City
Administrator must report to Council by April 1st on the franchisee
reports and propose rate adjustments if any are needed.
The City Council policy has been set which requires a rate
adjustment if the annual reports, in aggregate, show less than 8%
or more than 12% rate of return on the gross revenues. The 1992
aggregate report showed an 11.65% rate of return on the gross
revenues for all three haulers. As a result, no adjustment to the
solid waste rates is necessary.
SWAG reviewed the reports and is in agreement with the
recommendation. SWAC did recommend that Council consider placing
the entire Metro pass through onto the residential customer rather
than spreading the increase throughout the rate schedule if there
is a pass through levied this year. SWAC believes this would begin
to decrease the amount of commercial subsidy in the rate structure
in anticipation of a weight-based rating system being in place in
the next three years.
If you have any questions, please feel free to contact me.
c: Wayne Lowry
Oregon Department of Environmental Quality
A CHANCE TO COMMENT ON a . .
Amendment to Charge for Yard Debris Collection Rule
OAR-340-90-190
Date Issued: Aril 1 1993
I�' r p '
Public Hearings: April 26, 1993
Comments Due: April 30, 1993
WHO. IS Local governments, residential recyclers.
AFFECTED:
WHAT IS To amend OAR 340-90-190, Charge for Yard Debris Collection Rule.
PROPOSED:
WHAT ARE THE The amendment eliminates the sunset provision and substitutes clearer
HIGHLIGHTS: language for the current rule. This is not a policy change, but a
clarification to an existing rule.
HOW TO Public Hearings to provide information and receive public comment are
COMMENT: scheduled as follows:
Room 3A, DEQ Headquarters, 811 SW 6th, Portland
Monday April 26, 1933
8 a.m.- 1 p.m.
Written comments must be received by 4:00 p.m. on Friday, April 30,
1993 at the following address:
Department of Environmental Quality
Solid Waste Reduction and Planning Section
Hazardous and Solid Waste Division
811 S. W. 6th Avenue
FOR FURTHER INFORMATION:
811 S.W.6th Avenue Contact the person or division identified in the public notice by calling 229-5696 in the Portland area.To avoid long
Portland,OR 97204 distance charges from other parts of the state,call 1-800-452-4011.
11/1/86
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M
v
Portland, Oregon, 97204
A copy of the Proposed Rule may be reviewed at the above address. A
copy may be obtained from the Department by calling the HSW Division
at 229-5913 or calling Oregon toll free 1-800-452-4011.
WHAT IS THE The Department will evaluate' comments received and will make a
NEXT STEP: recommendation to the Environmental Quality Commission. Interested
parties can request to be notified of the date the Commission will consider
the matter by writing to 'the Department at the above address.
- 2 -
Environmental Quality Commission
State of Oregon
Department of Environmental Quality Memorandumt
Date: April 1, 1993
To: Interested and Affected Public
Subject: RulemakingProposal -
P
Amend Charge for Yard Debris Collection Rule, OAR 340-90-190
This memorandum contains information on a proposal by the Department of
Environmental Quality (DEQ) to adopt rule amendments regarding the charge for
residential yard debris collection.
Local governments have requested that the current rule be made permanent to assist
implementation of local programs and that the language be rewritten for clafity.The
proposed amendment would eliminate a clause sunsetting this rule on June 1, 1993. It
also would clarify the.language relating to charging a fee for yard debris collection.
What's in this Package?
Attachments to this memorandum provide details on the proposal as follows:
Attachment A The actual language of the proposed rule (amendments).
Attachment B The "Legal Notice" and the general "Public Notice" of the
Rulemaking Hearing. (required by ORS 183.335)
Attachment C The official Rulemaking Statements for the proposed
rulemaking action. (required by ORS 183.335)
Attachment D The official statement describing the fiscal and economic
impact of the proposed rule. (required by ORS 183.335)
Attachment E A statement providing assurance that the proposed rules are
consistent with statewide land use goals and compatible with
local land use plans.
Attachment F (Other attachments as appropriate and necessary)
to large print copy of this report is available upon request.
Memo To: Interested and Affected Public
April 1, 1993
Page 2
Hearing Process Details
You are invited to review these materials and present written or oral comment in
accordance with the following:
Date: Monday April 26, 1933
Time: 8 a.m.-1 p.m.
Place: Room 3A, DEQ Headquarters, 811 SW 6th, Portland
Deadline for submittal of Written Comments: 4 p.in. April 30, 1993.
Written testimony may be submitted to Alene Cordas, DEQ, 811 SW 6th, 8th floor,
Portland, OR 97204.
William R. Bree will be the Presiding Officer at this hearing. Following close of the
public comment period, the Presiding Officer will prepare a report which summarizes the
oral testimony presented and identifies written comments submitted. The Environmental
Quality Commission (EQC) will receive a copy of the Presiding Officer's report and all
written comments submitted. The public hearing will be tape recorded, but the tape will
not be transcribed.
If you wish to be kept advised of this proceeding and receive a copy of the
recommendation that is presented to the EQC for adoption, you should request that your
name be placed on the mailing list for this rulemaking proposal.
What Happens After the Public Comment Period Closes
The Department will review and evaluate comments received, and prepare responses.
Final recommendations will then be prepared, and scheduled for consideration by the
Environmental Quality Commission (EQC).
The EQC will consider the Department's recommendation for rule adoption during one
of their regularly scheduled public meetings. The targeted meeting date for
consideration of this rulemaking proposal is June 10, 1993. This date may be delayed if
needed to provide additional time for evaluation and response to testimony received in
the hearing process. You will be notified of the time and place for final EQC action if
you present oral testimony at the hearing or submit written comment during the comment
period or ask to be notified of the proposed final action on this rulemaking proposal.
Memo To: Interested and Affected Public
April 1, 1993
Page 3
The EQC expects testimony and comment on proposed rules to be presented during the
hearing. process so that full consideration by the Department may occur before a final
recommendation is made. The EQC may elect to receive comment during the meeting
where the rule is considered for adoption; however, such comment will be limited to the
effect of changes made by the Department after the public comment period in response to
testimony received. The EQC strongly encourages people with concerns regarding the
proposed rule to communicate those concerns to the Department at the earliest possible
date so that an effort may be made to understand the issues and develop options for
resolution where possible.
Background on Development of the Rulemaking Proposal
What is the problem
Unlike other recyclables, yard debris is unique in that it is seasonal and volume-based.
Acknowledging this, the original rule was written to allow a volume-based fee system to
cover the costs of yard debris collection. The rule contained a June 1, 1993 sunset date,
"...at which time the Department (is to) review the rules and make any recommendations
for deletion, changes, or continuation...to the (Environmental Quality) Commission."
To encourage yard debris recycling collection and to cover the additional costs incurred
in collecting this material, the position of local governments is that the rule allowing a
charge for collection of units of yard debris should be made permanent. This year, the
Metropolitan Service District will evaluate the capacity of yard debris processing
facilities in the area. If they are found to be adequate, local jurisdictions will be
required to provide weekly on-route yard debris collection in 1994. Thus this rule could
have wider application and significance in the coming year.
In addition, were the rule to sunset, the provision requiring local governments to provide
a level of yard debris collection service to multi-family complexes (which are treated as
a single customer) equivalent to the level provided single-family dwellings would be
eliminated. This provision was inserted at the request of the City of Portland and passed
by the Commission in December at the time of adoption of General Recycling Rules
incorporating the 1991 Recycling Act.
Finally, the rule language as written is confusing, with several provisions seemingly
contradictory. Local governments have asked the Department to clarify the language.
Memo To: Interested and Affected Public
April 1, 1993
Page 4
How does this proposed rule help solve the problem
The proposed amendment would eliminate the sunset provision and clarify the existing
language. The proposal does not set new policy but rather clarifies that already in
existence.
How was the rule developed
The Department initially held telephone conversations with affected jurisdictions and
with one hauler. Next, a meeting to solicit direciton was held with four local
government representatives and Oregon Sanitary Services Institute. Atter this, a draft
rule was written and will be routed among attendees at that meeting. The Solid Waste
Advisory Committee also also will be asked for input on the draft rule rewrite. After
this, the draft rule will go to public hearing and is anticipated to go before the
Commission at its June 10 meeting. Based on public input, staff may take it before the
Solid Waste Advisory Committee a second time before it goes to the Commission.
How does it affect the public, regulated community, other agencies
This amendment does not affect the public, and will allow local jurisdictions to continue
to utilize it effectively and consistently when setting up local yard debris collection
programs.
How will the rule be implemented
See above.
Are there time constraints
N/A
Contact for more information
If you would like more information on this rulemaking proposal, or would like to be
added to the mailing list, please contact: Alene Cordas, Solid Waste Reduction and
Planning Section, DEQ, 811 SW 6th, Portland OR 97204; or telephone 229-6046, or
toll-free in Oregon 1-800-452-4011 .
Memo To: Interested and Affected Public
April 1, 1993
Page 5
X Rule Adoption Item
❑ Action Item Agenda Item *#*
❑ Information Item June 10, 1993 Meeting
Title:
Amendment to Charge for Yard Debris Collection Rule,
OAR 340-90-190
Summary:
This amendment eliminates a sunset provision and clarifies language.
Department Recommendation:
Adopt the rule amendment regarding charging for yard debris collection,
as presented in Attachement A of this staff report.
Report Author Division Administrator ~Director
to large print copy of this report is available upon request.
AC/EQC5
March 12, 1993
State of Oregon
DEPARTMENT OF ENVIRONMENTAL QUALITY
Rulemaking Proposal
for
Amendment to OAR 340-90-190, Charge for Yard Debris Collection Rule
Rulemaking Statements
Pursuant to ORS 183.335(7), this statement provides information about the Environmental
Quality Commission's intended action to adopt a rule.
1. Legal Authority
ORS 459.045, 459A.025
2. Need for the Rule
Local governments have requested that the Department eliminate the sunset provision
and rewrite the law for clarity (vs. policy change). The amendment would make the
rule permanent by deleting the sunset clause. In addition, the existing language is
confusing. The amendment would clarify the language.
Principal Documents Relied Upon in this Rulemaking
ORS 459.045, 459A.025
OAR 340-90-190
State of Oregon
DEPARTMENT OF ENVIRONMENTAL QUALITY
Rulemaking Proposal
for
Amendment to OAR 340-190-90, Charge for Yard Debris Collection Rule
Fiscal and Economic Impact Statement
Introduction
The Department is proposing to amend the rule which allows local jurisdictions to charge
for yard debris collection. The amendment would not change the existing rule other than
to eliminate a sunset provision and clarify the language. Local governments have requested
that the Department make this rule permanent and clarify the language.
General Public
The general public would incur no additional costs as a result of the proposed rule
amendment. Under the current rule, generators who put out yard debris for recycling
collection can be charged for additional units after the first unit. The rewritten rule does not
change this provision.
Small Business
N/A: the rule applies only to residential yard debris collection and so is not applicable to
small business.
Large Business
N/A
Local Governments
Local governments would incur no additional costs as a result of the proposed amendment.
State Agencies
N/A
- DEQ
- FTE's
- Revenues
- Expenses
- Other Agencies
N/A
Assumptions
OAR 340-90-190 NEW YARD DEBRIS CHARGE RULE
(1) The commission's purpose in adopting this rule governing when a fee may be charged
for yard debris recycling services is to:
genefateH,
(a) increase recovery of yard debris and stimulate participation in yard debris
recycling programs;
b
in veluffles 7
(b) acknowledge the rate considerations due to the extreme variability of volumes
generated;
(c) ensure service provided to multi-family generators residing in dwellings of
four or less units is equivalent to service provided single family residences
and based on the amount of yard debris generated.
(2) The purpose as stated in Section (1) of this rule is to apply to those recycling programs
required under ORS 459A.005 and ORS 459A.010 and ORS 459.250.
(3) As used in this rule, "residential generator" means any generator of recyclable material
located in single or multi-family dwellings up to and including 4 units.
(4) As used in this rule, a "unit" of yard debris is the equivalent of a thirty-two gallon
can or the standard unit of yard debris service provided, whichever is greater.
{{4)} (5) Residential generators of yard debris participating in a regularly scheduled yard debris
collection service, where yard debris is a principal recyclable material, may be charged
a fee for yard debris recycling.
ef up te a titik ef yard debris. The first unit ef yard debfis eelleetien is de ited — Iffi-
Where multi-family complexes are treated as a single
customers, the local government providing the yard debris service shall assure that yard
debris service is provided at a level equivalent to service provided single family
dwellings. Equivalent service shall be based on the amount of yard debris generated.
Local governments shall make this determination and any related adjustment in service,
no later than their next rate review process.
. 1
Local governments may charge a fee for:
(a) collection of any volumes of yard debris over and above the first setout per month
of up to a unit of yard debris in a curbside collection service where the generator
is a solid waste customer;
(b) collection of any volumes of yard debris where the generator is not a solid waste
customer;
(c) yard debris collected through a depot program or other alternative method
including on-call service;
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ipatinb in a b
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E(6) Pef:sn-;;.Q ;.vhe have ),afd debfis eelleetien sen,iee,but de net have selid waste eelleetiafl
b
E(7) A yafEl debfis feeyeling fee in addition to the base fee ehafged f-ef selid waste eelleetiefl
and dispesal fnay be b b
,
feeyele is being pfevided b
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[(8)] (6)The total additional yard debris recycling fee charged to any generator of yard debris
for collection of yard debris shall be less than the fee that would have been charged for
collection of that same volume of yard debris as mixed solid waste.
[(9)] (7)Yard debris recycling fees in addition to the base fee charged for solid waste collection
and disposal may be charged for the collection of yard debris on-route or at a depot,
where yard debris is.not a principal recyclable material.
b
2