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Ordinance No. 18-07 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 18-07 AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 11.04 TO REMOVE APPROVAL CRI 1'ERIA FOR STATIONARY SOLID WASTE COMPACTORS WHEREAS,Tigard Municipal Code Section 11.04.105 currently contains a permitting process for stationary solid waste compactors which is more appropriately considered as part of a development review application;and WHEREAS,the Tigard Development Code requires a service provider letter from solid waste haulers as part of the development review process;and WHEREAS, the permitting process in the Municipal Code is unnecessary and potentially in conflict with the Development Code;and WHEREAS, the proposed amendments eliminate the permitting process from the Municipal Code while maintaining the City's authority to regulate the operational standards of stationary solid waste compactors for health and safety;and WHEREAS, staff engaged the City's franchised solid waste haulers in the drafting of this amendment and they are supportive of the proposed language. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Municipal Code Sections 11.04.105 and 11.04.180 are amended to read as shown on the attached Exhibit A (additional language underlined and deleted language in c>trikcthrough). SECTION 2: This ordinance shall be effective 30 days after its passage by the council, signature by the mayor,and posting by the city recorder. PASSED: By/ nit/I7lh?D, _vote of ouncil members present after being read by number and title only,this,.71' ay of -7/lla/L . 2..__ ,2018. Carol A. Krager,City Recorder APPROVED: By Tigard City Council this 2 7 t day of / Gl/leh_ ,2018. ...t) lÀ John L ook,Mayor ORDINANCE No. 18- 0 7 Page 1 Approved as to form: City Att e 3a:frg Date ORDINANCE No. 18- D 7 Page 2 TIGARD MUNICIPAL CODE Excerpts from C. Approval Criteria. Applicant shall Chapter 11.04 SOLID WASTE demonstrate that: MANAGEMENT 1. The compactor is compatible with 11.04.105 Stationary Solid Waste Compactors 2. The proposed site plan provides A. To achieve the purpose of this chapter to hauler's equipment and maintains adequate and :•:, :. : safe access for all other vehicles and pedestrians with the equipment of franchised haulers, and-to as required by local, state or federal law. comply with safety, health and environmental requirements, permits for compactors shall be 3. The compactor and applicant can issued by the community development director or comply with any applicable federal, state and _ _. . _ - •: ._ . . local health, safety and environmental regulations and criteria: stationary solid waste compactors are •• •• - •• - e ' ' ' ' ' subject to the following regulations. and this section. B. Procedure. 1. Adequate opportunity for recycling has been provided and the area where the 1. Submit a permit application to the franchisee collects separated recyclable materials Community Development Department together is at central locations accessible to the with the required fee. franchisee's hauling equipment. 2. Provide the following docu 5. The compactor can adequately _ ... ' serve the purpose for which it is installed, including: a. Site plan which indicates the location of the compactor; maneuvering distance a. Able to hold all wastes showing the compactor can be picked up, generated by the permittee; transported and returned by the franchisee; where b. Accessible and easy for the .. . .. peitt na its to;ants and employees to insert . .. waste into the compactor in a safe manner; major landscaping features. c. Safety measures to prevent b. Letter of compatibility with to minors; and the franchisee's hauling equipment, signed by the franchisee. d-. Sanitary and tight design to 3. The community development otherwise escaping from the compactor or unauthorized removal of waste from the decision. compactor. TIGARD MUNICIPAL CODE 6. The compactor shall be located 3. The compactor will undergo outside of any required building setback area, regular preventive maintenance and adequate . . .. ., emergency maintenance shall will be available. •. .. •_.._ . .. _-. •.., . 1. The compactor and operation of the compactor shall remain in compliance with all 7. The community development -• -• - - - that this amount of .._ . . .. 45. There will be no operation of the or other noise reduction measures may be compactor between the hours of 9 p.m. and 7 a.m. required. D . Safety.No stationary compactor or other .. . . • . . _ container for multifamily residential, commercial • . _ . - _. _ __ -- • __ - or industrial use shall may exceed the safe-loading .. . _ ._ ... .: design limit or operation of the collection vehicles conditions, related to the approval criteria. The provided by the franchisee serving the area. director may revoke a permit if the permittee does E.G. Health. Compactors containing applicable provisions of this chapter, upon order putrescible waste shall will be emptied at least weekly. procedure set forth in the code. The permittee H. Preexisting Compactors. Any compactor all times while the permit is in effect. regulated by this chapter that was in use on site prior to the effective date of the ordinance B. Franchisee Approval. A customer -.• - •• should obtain franchisee's approval for chapter one year after the adoption of the compatibility with the franchisee's hauling equipment prior to installation of a stationary - . - -• - solid waste compactor. this chapter to carry out the health and safety CB. Operational Standards. At all times the customer applicant and the compactor shall must I. Assignment. Permittee may not assign remain in compliance with the following the permit. requirements: FJ. Reimbursement for Fines. Ponnittee 1. Compliance with any applicable shall Customer will reimburse the franchisee for federal, state and local health, safety and any fines incurred by the franchisee for weight or environmental regulations including, but not environmental violations, or any other violations limited to, OAR 437-002-0242 and this section. caused by the ownership, operation or use of the compactor. 2. The compactor and surrounding area will be kept clean at all times. GK. Signing.Each container shall will be clearly labeled with the name, address and TIGARD MUNICIPAL CODE telephone number of the permittee customer and the name of an individual to contact. Hb. Violations. Franchisee shall will not be obligated to transport a compactor that violates the provisions of this section. On notice from franchisee to customer wee and the city, pewee customer will shall immediately correct the violation. If peitee customer does not correct the violation, franchisee shall will report the violation to the city. give notice of such to the city. M. Permit Fee. Permittee shall pay the city an initial .•-- -- • -• -• -feselutien, 11.04.180 Penalty Violation by any person of the provisions of this chapter or the rules and regulations adopted pursuant to Section 11.04.160 or 11.04.165 or of a permit issued pursuant to Section 11.04.105, shall will be deemed a Class 1 civil infraction,ad shall be punishable according to the provisions set forth in Chapter 1.16 of this code.