Ordinance No. 19-06 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 19-
AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 11.04 REGARDING THE
CITY'S BUSINESS FOOD WAS1E MANAGEMENT REQUIREMENTS
WHEREAS,it is necessary to reduce the amount of food scrap material from the waste stream;and
WHEREAS,food waste is identified as a primary material for recovery within the region's Regional Solid Waste
Management Plan which guides Metro and local government;and
WHEREAS, the City wants to provide businesses an opportunity to work with their local government,
Washington County,and Metro in attaining food waste reduction goals;and
WHEREAS,the Tigard Municipal Code does not currently have a business food waste standard;and
WHEREAS,the following updates will bring the Tigard Municipal Code in line with Metro Chapter 5.10.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Chapter 11.04 of the Tigard Municipal Code is amended to establish Business Food Waste
Requirement as shown in Attachment A to this ordinance. (Strike-through text is deleted;
underlined text is added.)
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 t vote of all council members present after being read by number
and title only, this jli—day of sL ,2019.
/22-(AA eipierty
Kelly Burgoyne, Deputy City Recorder
APPROVED: By Tigard City Council this I 04--=' day of91,t,f\-ce-- ,2019.
Ja . Snider,Mayor
Approved as to form:
S/,6k
City Attorney
Date
ORDINANCE No. 19-D(9
Page 1
EXHIBIT A
TIGARD MUNICIPAL CODE
Chapter 11.04 SOLID WASTE 11.04.165185 Administrative Rules
MANAGEMENT
Sections: Requirement -
11.04.4-70190 Enforcement
11.04.010 Title for Citation 11.04.1-50-195195Penalty
11.04.020 Purpose,Policy and Scope of
Chapter Provisions
11.04.030 Definitions 11.04.010 Title for Citation
11.04.040 Franchise—Granted to Certain
Persons—Scope of Regulations The ordinance codified in this chapter shall
11.04.050 Franchise—Term—Automatic be known as the "City of Tigard solid waste
Renewal When management ordinance," and may be so cited and
11.04.060 Franchise—Fees pleaded, and shall be cited herein as "this
11.04.065 Franchises Records chapter."(Ord. 91-36 §1; Ord. 78-64 §1)
11.04.070 Responsibility of Franchisee
11.04.080 Franchise—Transfer, 11.04.020 Purpose,Policy and Scope of
Suspension, Modification or Chapter Provisions
Revocation—Conditions
11.04.090 Rates for Service A. It is declared to be in the public interest
11.04.100 Container Requirements and for the City of Tigard to establish this policy
Collection Limitations relative to the matters of solid waste management
11.04.105 Stationary Solid Waste to:
Compactors
11.04.110 Offensive Wastes Prohibited 1. Provide sufficient waste volume to
11.04.120 Unauthorized Deposits sustain solid waste management facilities
Prohibited necessary to achieve resource recovery goals
11.04.130 Interruption of Franchisee's established by the city, county, State Department
Service of Environmental Quality, and metropolitan
11.04.140 Termination of Service by service district;
Franchisee
11.04.150 Subcontracts 2. Provide the basis for agreements
11.04.155 Business Recycling with other governmental units and persons for
Requirement regional flow control to such facilities;
11.04.160 Business Food Waste
Requirement 3. Insure safe accumulation, storage,
11.04.165 Business Food Waste and collection,transportation,disposal or resource
Regulations recovery of solid waste;
11.04.170 Business Food Waste
Compliance Periods 4. Insure maintenance of a financially
11.04.175 Temporary Compliance stable, reliable solid waste collection and disposal
Waivers to Covered Businesses service;
11.04.1-60180 Rules and Regulations
Applicable to Franchisees
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5. Insure rates that are just, fair, 11.04.030 Definitions
reasonable and adequate to provide necessary
service to the public; A. "Business" means any entity of one or
more persons, corporate or otherwise, engaged in
6. Prohibit rate preference and other commercial, professional, charitable, political,
discriminatory practices which benefit one industrial, educational, or other activity that is
customer at the expense of other customers of the non-residential in nature, including public bodies.
service or the general public;
B. "Business food waste" means solid
7. Conserve energy and material waste consisting of food waste removed from the
resources; food supply chain that is not fit for human or
animal consumption.
8. Eliminate overlapping service to
reduce truck traffic, street wear, air pollution and CB. "Business recycling service customer"
noise; means a person who enters into a service
agreement with a waste hauler or recycler for
9. Provide standards for solid waste business recycling services.
service and public responsibilities;
C. "Council"means the City Council of the
10. Provide technologically and City of Tigard.
economically feasible recycling by and through
solid waste collectors; and D. "Compactor" means a stationary or self-
contained powered machine which remains
11. Comply with the business recycling stationary when in operation with operating
requirement set forth in Metro Regional controls designed to compact solid waste from
Government Code Chapter 5.10.330. multifamily residential, industrial or commercial
customers into either a detachable or integral
B. No person shall: container. The term "compactor" does not include
a household, mechanical device located within a
1. Provide service, offer to provide residential dwelling, which is used exclusively by
service or advertise for the performance of service the occupants of that dwelling. The term
without having obtained a franchise from the city; "compactor" does not include any mechanical
device used by a franchisee which is attached to
2. Accumulate, store, collect, the franchisers mobile collection vehicle.
transport, dispose of or resource recover solid
waste except in compliance with this chapter, E. "Council"means the City Council of the
other city codes, and Chapter 459, Oregon City of Tigard.
Revised Statutes, dealing with solid waste
management and regulations and amendments F. "Covered business" means a business
promulgated under any of the foregoing. (Ord. 09- that cooks, assembles, processes, serves, or sells
05 §1;Ord.91-36 §1;Ord.78-64 §2) food.
GE. "Curbside" means solid waste
receptacles placed by the customer for pickup
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within five feet of a public roadway or at a PN. "Service" means the collection,
location approved by the franchisee. transportation, storage, transfer, disposal of or
resource recovery of solid waste, including solid
HP. "Customer" means any person who waste management.
receives service from a franchisee or permittee.
QQ. "Solid waste" means all putrescible and
1G. "Franchise" means the right to provide nonputrescible wastes, including, but not limited
service granted to a person pursuant to this to,garbage,rubbish,refuse, ashes,wastepaper and
chapter. cardboard; residential, commercial, industrial,
demolition and construction wastes; discarded
J14. "Person" means any individual, home and industrial appliances; vegetable or
partnership, association, corporation, business, animal solid and semisolid wastes; dead animals,
trust, firm, estate,joint venture or other public or infectious wastes as defined in ORS 459.387, and
private legal entity. other wastes.
K1. "Placed out for collection" means solid 1. For the purpose of this subsection,
waste has been placed by the customer for service "waste" means any material that is no longer
by the franchisee under the requirements of this wanted by or is no longer usable by the generator,
chapter. producer or source of the material, which material
is to be disposed of or to be resource-recovered by
14. "Putrescible material" means organic another person. The fact that materials, which
materials that can decompose and may give rise to would otherwise come within the definition of
foul-smelling,offensive odors or products. "waste," may from time to time have value and
thus be resource-recovered does not remove them
M. "Recycling" means any process by from this definition. Source-separated wastes are
which solid waste materials are transformed into "wastes"within this subsection.
new products in such a manner that the original
products lose their identity. 2. The term "solid waste" does not
include any "hazardous waste" as defined by or
NK. "Resource recovery" means the process pursuant to ORS Chapter 466.
of obtaining useful material or energy resources
from solid waste and including energy recovery, RP. "Solid waste management" means the
materials recovery,recycling and reuse of or from prevention or reduction of solid waste;
solid waste. management of the storage, transfer, collection,
transportation, treatment, utilization, processing
L. "Recycling" means any process by and final disposal of solid waste; or resource
• recovery from solid waste; and facilities used for
new products in such a manner that the original those activities.
products lose their identity.
SQ. "Source separate" means the customer
QM."Reuse" means the return of a separates recyclable material from solid waste.
commodity into the economic stream for use in (Ord. 09-05 §1;Ord. 91-36 §1; Ord. 78-64 §3)
the same kind of application as before without a
change in its identity.
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11.04.040 Franchise—Granted to Certain vehicle with a gross vehicle axle weight rating of
Persons—Scope of Regulations no more than ten thousand pounds directly to an
authorized disposal or recycling or resource
A. Subject to the provisions of this section, recovery facility or resource recovering waste
this chapter, the City Charter, and any produced by that person, so long as that person
amendments to these documents, there is hereby complies with this chapter, other city ordinances,
granted to the following persons an exclusive and Chapter 459 Oregon Revised Statutes,dealing
franchise to provide service within the exclusive with solid waste management, and regulations
area shown within a map of existing franchised promulgated under any of the foregoing. For
areas on the effective date of the ordinance purposes of this subsection, solid waste produced
codified in this chapter, which map is attached by a tenant, licensee,occupant or similar person is
hereto, marked "Exhibit A," and by reference is produced by such person and not by the landlord,
incorporated in this section. property owner or agent of either the landlord or
property owner, and except as provided in this
B. The franchisees are: section, no person shall provide services to any
tenant, lessee or occupant of any property of such
1. Area I. Pride Disposal Company, person, and the landlord or property owner shall
P.O. Box 820, Sherwood,OR 97140. provide service through the franchisee. The
vehicle weight limitation in this paragraph does
2. Area II. Waste Management, 7227 not apply to the transportation of any material
NE 55th Avenue,Portland, Oregon 97218. authorized by another subdivision of this
subsection D.
3. Area III. Pride Disposal Company,
P.O.Box 820, Sherwood,OR 97140. a. As of the effective date of the
ordinance codified in this chapter, any person
C. Where any area is annexed to the City of collecting or transporting any waste, produced by
Tigard and the area had been franchised by that person, using a vehicle rated at more than
Washington County for solid waste collection 10,000 gross vehicle axle weight will be using a
service prior to annexation, the county franchise nonconforming vehicle. In order to avoid undue
shall be recognized as to the area; but service, hardship, any person using a nonconforming
term and other requirements shall be those of this vehicle for collection and transport of any waste
chapter. If the area was franchised to any of those produced by that person at the time of enactment
listed in subsection B of this section,the area shall of the ordinance codified in this chapter, may be
be added by the City Manager by amendment to allowed continued use of the vehicle under the
"Exhibit A."For persons other than those listed in following conditions:
subsection B of this section, an acceptance of
franchise must be signed and recorded as provided i. A person must provide
in Section 11.04.070 of this chapter. the following information to the city no later than
January 31, 1992:
D. Nothing in this franchise or this section
shall: (A) Owner's name, add-
ress and phone number;
1. Prohibit any person from collecting
or transporting any waste, produced by that (B) Each vehicle identi-
person, from the site at which it is produced, in a fication number;
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(C) Site(s) at which
waste is collected; and 5. Prohibit the City Council from
(D) Type of operation(s) withdrawing certain solid waste services by
which is producing the waste. amendment to this chapter on the basis of a
finding that such regulation is not necessary for
ii. The City Manager, or the implementation of the purposes of this chapter
designee, shall grant the request for or a city, county or metropolitan service district
nonconforming use status based on the following solid waste management plan.
criteria:
6. Prohibit any person transporting
(A) The information was solid waste through the city that is not collected
postmarked no later than January 31, 1992; and within the city.
(B) Vehicle, location 7. Prohibit a contractor registered
and type of operation was in operation on January under ORS Chapter 701 from hauling waste
16, 1992. created in connection with the demolition,
construction, or remodeling of a building or
b. It is the purpose and intent of structure or in connection with land clearing and
this subparagraph to permit the nonconforming development. Such waste shall be hauled in
use status to continue until January 31, 1999, after equipment owned by the contractor and operated
which time use of a vehicle with a gross vehicle by the contractor's employees.
axle weight rating of more than 10,000 pounds for
the collection and transport of any waste produced 8. Prohibit the collection,
by that person shall be prohibited. The site where transportation and reuse of repairable or cleanable
the waste is produced may be changed; however, discards by private charitable organizations
the vehicle(s) and the type of operation(s) must regularly engaged in such business or activity
remain the same or the exemption provided in this including, without limitation, Salvation Army,
subparagraph shall not apply. There shall be no Goodwill, St. Vincent de Paul, and similar
transfer or expansion of the exemption to use a organizations.
vehicle with a gross vehicle axle weight rating of
more than 10,000 pounds. 9. Prohibit the operation of a fixed
2. Prohibit a generator of source location where the generator, producer, source or
separated recyclable material from selling or franchised collector of solid waste brings that
exchanging such material to any person for fair waste to a fixed location for transfer, disposal or
market value for recycling or reuse. resource recovery; provided, however, that the
establishment or maintenance of any such location
3. Prohibit any person from brought into being after April 1, 1978, shall be
transporting, disposing of or resource recovering, only by permit issued by the City Manager.
sewage sludge, septic pumpings and cesspool
pumpings. 10. Prohibit the collection,
transportation or redemption of beverage
4. Prohibit any person licensed as a containers under ORS Chapter 459.
motor vehicle wrecker under ORS 481.345 et seq.,
from collecting, transporting, disposing of or 11. Prohibit a person from transporting
utilizing motor vehicles or motor vehicle parts. or disposing of waste that is produced as an
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incidental part of the regular carrying on of the F. Solid waste placed out for collection,
business of janitorial service; gardening or whether or not source-separated, belongs to the
landscaping service; or rendering. (These sources franchisee when so placed; or, where placed out
do not include the collection, transportation or for collection by a permittee, belongs to the
disposal of accumulated or stored wastes permittee.
generated or produced by other persons.)
G. No person shall deposit material in or
12. Require franchisee to store, collect, remove material from any drop box or container
transport, dispose of or resource recover any supplied by a franchisee without permission of
hazardous waste as defined by or pursuant to ORS franchisee.
Chapter 466; provided, however, that franchisee
may engage in a separate business of handling H. No person shall take or remove any
such wastes separate and apart from this franchise solid waste placed out for collection by a
and chapter. franchisee or permittee under this chapter.
13. Prohibit a nonprofit charitable, I. Notwithstanding other provisions of this
benevolent or civic organization from recycling section, if the council finds that on-route recycling
solid waste; provided,that such collection is not a is technologically and economically feasible and
regular or periodic business of such organization. directs that it be instituted:
The organizations shall comply with all applicable
provisions of this chapter. 1. Franchisees shall be given advance
notice of a hearing on the subject and an
14. Prohibit any municipal corporation, opportunity to be heard.
special district, state or federal governmental
entity from accumulating, storing, collecting, 2. If,after the hearing and on the basis
transporting, disposing or resource recovering of written findings, the council directs the service
solid waste generated from or by the operations of be provided, the franchisees shall be given a
those entities as long as the entity complies with reasonable opportunity to provide the service or
this chapter, other city ordinances, and Chapter subcontract with other persons to provide it.
459 Oregon Revised Statues, dealing with solid
waste management, and regulations promulgated 3. If franchisees do not provide the
under any of the foregoing. service within the specified reasonable time, the
council may issue a franchise or franchises for
E. Where a permit is required from the City that service and limited to on-route recycling. A
Manager, it shall be issued only upon a finding franchisee under this subsection I shall comply
that the service is needed, has not been provided with all applicable requirements of this chapter.
by the franchisee or, in the case of fixed base
facilities, by other persons. The City Manager 4. Nothing in this subsection shall
shall give due consideration to the purposes of this prevent the franchisees from instituting on-route
chapter. He or she may attach such conditions as recycling prior neither to a council determination
he/she determines are necessary to obtain nor from including income and expense in the rate
compliance with this chapter and may restrict the justification section.
term of such permit. The permittee will comply 5. Section 11.04.070.A.10 requires
with all applicable provisions of this chapter. franchisees to provide the opportunity to recycle,
to include on-route recycling, in accordance with
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applicable law. This subsection is intended to shall be open at all times for audit by authorized
provide a process by which the council may create personnel designated by the City Manager.
on-route recycling requirements in addition to
those found in other applicable law. (Ord. 15-10 B. Willful misrepresentation of gross cash
§1; Ord. 03-08; Ord. 99-18; Ord. 99-03; Ord. 91- receipts by a franchisee shall constitute cause for
36 §1;Ord. 86-66 §§1,2; Ord. 78-64 §4) immediate revocation of the franchise,pursuant to
Section 11.04.080 of this chapter.
11.04.050 Franchise—Term—Automatic
Renewal When C. The franchise fee shall be in lieu of any
business license or regulatory fee or tax, but shall
A. The rights, privileges and initial- not be in lieu of any ad valorem tax, imposed by
franchise granted herein shall continue and be in the City of Tigard. (Ord. 03-08; Ord. 02-05; Ord.
full force to and including the 31st day of 78-64 §6)
December, 1988, subject to terms, conditions and
payment of franchise fees to the city as set forth in 11.04.065 Franchises Records
this chapter.
A. Franchisee shall keep accurate books
B. Unless the council acts to terminate and records related to all solid waste activities.
further renewals of the franchises herein granted: Such books and records shall be open to
each January 1st, the franchises are automatically inspection by the city, its attorney, or other
renewed for a term of 10 years from the January authorized agent at any time during the
1st renewal; on January 1, 1993,the franchises are franchisee's business hours.
automatically renewed for term of nine years; on
January 1, 1994, the franchises are automatically B. The city may audit or review the books
renewed for a term of eight years; and, on January and records as it deems necessary. Information
1, 1995, and on each January 1st thereafter, the obtained from such audits or reviews may be used
franchises are automatically renewed for a term of to determine the amounts due to the city under the
seven years from the January 1st renewal. (Ord. provisions of this franchise agreement. Such
92-36 §1;Ord.91-36 §1; Ord. 78-64 §5) information may also be used by the city to
determine costs of particular services, to
11.04.060 Franchise—Fees determine changes to the schedule of solid waste
rates, or for any other regulatory purpose related
A. As compensation for the franchise to the administration of this chapter. The city shall
granted to each franchisee and for the use of city maintain the confidentiality of such records to the
streets, the franchisee shall pay to the city a fee, extent allowed by the Oregon Public Records
the amount of which is contained in the master fee Law. However, the city may provide information
resolution in effect at the time the franchise obtained pursuant to this franchise to other
agreement is adopted. Such fees shall be governmental agencies involved in the regulation
computed on a quarterly basis and paid within 30 of the provision of solid waste services. If such
days following the end of each quarter calendar information is shared, the city shall, prior to
year period. Each franchisee shall maintain an delivery of the information, receive a written
adequate bookkeeping system showing the gross assurance from the receiving agency that the
cash receipts resulting from the solid waste confidentiality of the information shall be
services conducted under the franchise. Records maintained to the extent allowed by the Oregon
Public Records Law. (Ord. 91-36 §1)
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against the franchisee have been settled or
secured.
5. Collect no single-family residential
11.04.070 Responsibility of Franchisee solid waste before 5 a.m. or after 7 p.m. unless
this condition is waived by the City Manager or
A. The franchisees shall: designee.
1. Resource-recover or dispose of 6. Provide collection and disposal of
wastes collected at sites approved by the city that solid waste from all city facilities, city parks, city
are in compliance with Chapter 459, Oregon sidewalk containers and city activity areas at no
Revised Statutes and regulations promulgated cost to the city on a regular schedule.
thereunder.
7. Make collection no less often than
2. Provide and keep in force public once each week, except for will-call collections
liability insurance, with a 30-day cancellation and drop box operations, and except as provided
clause,with a combined single limit of$1 million, in Section 11.04.140.
relating to a single occurrence, which shall be
evidenced by a certificate of insurance filed with 8. Permit inspection by the city of the
the City Recorder. The city shall be named as an franchisee's facilities, equipment and personnel at
additional named insured on the policy. The reasonable times.
insurance shall indemnify and save the city
harmless against liability or damage which may 9. Respond to all calls for special
arise or occur from any claim resulting from the hauling requiring equipment regularly supplied by
franchisee's operation under this chapter. In franchisee within 96 hours of receiving said call
addition, the policy shall provide for the defense unless a later pickup is agreeable to the customer.
of the city for any such claims. Special hauling of containers or drop boxes
supplied by franchisee is dependent upon
3. Furnish sufficient collection availability of those containers or boxes.
vehicles, containers, facilities, personnel, finances
and scheduled days for collections in each area of 10. Provide the opportunity to recycle
the city necessary to provide all types of service to all residential, commercial and industrial
required under this chapter or subcontract with sources of recyclable material in compliance with
others to provide such service pursuant to this state and local laws and regulations including,
chapter. without limitation, this chapter, other provisions
of the city code, applicable metropolitan service
4. Provide a cash security deposit or a district and State Department of Environmental
performance bond in the amount of $5,000 to Quality rules and regulations and the Oregon
guarantee payment to the city or other affected Recycling Opportunity Act (Chapter 729, Oregon
person of a judgment secured against the franchise Laws 1983). The opportunity to recycle shall
holder because of work performed that does not include on-route or depot collection of source-
conform to the requirements of this chapter or separated recyclable material, a public education
other ordinances of the city. The deposit or bond and promotion program that encourages
shall continue until one year after expiration of the participation in recycling, and notification to all
franchise, or until all claims or demands made customers of the opportunity and terms of
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recycling service. In addition, the franchisee shall notice in which to comply or to request a public
provide regular opportunities for disposal of hearing before the City Council.
nonputrescible waste, yard debris, discarded
appliances and other waste and shall comply with 2. If franchisee fails to comply within
state and local laws and regulations adopted from the specific time or fails to comply with the order
time to time for the specific waste materials. of the City Council entered upon the basis of
written findings at the public hearing, the City
B. A franchisee may require a contract Council may suspend, modify or revoke the
from a customer who requires an unusual service franchise or make such action contingent upon
involving added or specialized equipment solely continued noncompliance.
to provide that service. The purpose of this
subsection is to prevent the added cost from being 3. At a public hearing, franchisee and
assessed against other ratepayers if the customer other interested persons shall have an opportunity
later withdraws from service. (Ord. 03-08; Ord. to present oral, written or documentary evidence
91-36 §1;Ord. 78-64 §7) to the City Council. The finding of the City
Council thereon shall be conclusive; provided,
11.04.080 Franchise—Transfer, however, that such action may be reviewed by a
Suspension,Modification or court on a writ of review.
Revocation—Conditions
4. In the event that the City Council
A. The franchisees shall not transfer this finds an immediate and serious danger to the
franchise or any portion thereof to other persons public through creation of a health or safety
without 60 days' prior written notice of intent and hazard, it may take action to alleviate such
the subsequent written approval of City Council, condition within a time specified in the notice to
which consent shall not be unreasonably withheld. the franchisee and without a public hearing prior
The City Council shall approve the transfer if the to taking such action.
transferee meets all applicable requirements met
by the original franchisees. A pledge of this C. The city or any one of the franchisees
franchise as financial security shall be considered may propose amendments to this franchise.
as a transfer for the purposes of this subsection. Proposed amendments shall be in writing and
The City Council may attach whatever conditions delivered to the City Manager and the franchisees.
it deems appropriate to guarantee maintenance of The City Manager shall present the proposed
service and compliance with this chapter. amendments to the solid waste advisory
committee ("committee") or a similar committee
B. Failure to comply with a written notice approved by the City Council. The committee
to provide the services required by this chapter or shall review the proposed amendments and make
to otherwise comply with the provisions of this a recommendation to the City Council. The
chapter after written notice and a reasonable committee may hold public hearings, obtain
opportunity to comply shall be grounds for additional information, negotiate and undertake
modification, revocation or suspension of other activities to prepare a recommendation to
franchise. the City Council. Both the City Manager, or
designee, and the franchisees shall be invited to
1. After written notice from the City attend meetings of the committee to comment on
Council that such grounds exist, franchisee shall the proposed amendments and be otherwise
have 30 days from the date of mailing of the available as resources to the committee. After
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review of the proposed amendments to the by resolution as deemed necessary by the council;
franchise, the City Council may, after public except, changes in charges to the franchisees for
hearing, adopt the amendments. After adoption by solid waste disposal site fees and other similar
the City Council, the franchisees may sign an charges directly related to the transportation and
acceptance of the amendments; however, when disposal of solid waste, imposed by a
the amendment is adopted pursuant to subsections governmental agency shall be included in the
11.04.020.A.1, A.2, A.9, and B.2, 11.04.040.D.5 rates, provided such changes are evenly
and I, and 11.04.080.A and B, the franchisees distributed among the rates. The franchisees shall
shall sign an acceptance of the amendment. The provide 60 days' written notice with
franchise shall be amended upon acceptance of accompanying justification for all other proposed
the amendments by the franchisees. (Ord. 03-08; rate changes. The council shall give due
Ord. 91-36 §1;Ord. 78-64 §9) consideration to the purposes of this chapter and
the annual report filed by the franchisees in
11.04.090 Rates for Service evaluating the proposed rate changes.
A. The rates to be charged to all persons by D. The franchisee shall be provided with
the franchisee shall be reasonable, uniform, and 30-day prior written notice with accompanying
based upon the level of service rendered or justification for a city-initiated reduction in rate
required by state or local laws or regulations,haul schedule.
distance,concentration of dwelling units and other
factors which the City Council considers to justify E. Unless a governmental unit or
variations in rates that outweigh the benefits of legislative body has raised or lowered the cost of
having a single rate structure unless otherwise providing service or there is a substantial increase
noted in this chapter. in the cost of doing business that was not provided
for in the previous rate adjustment, rate
B. Nothing in this section is intended to adjustments shall be made annually on the
prevent: following schedule:
1. The reasonable establishment of 1. On or before March 15th, the
uniform classes of rates based upon length of franchisee shall file an annual report, in a form
haul; type of waste stored, collected, transported, required by administrative rule, with the City
disposed of, salvaged or utilized; or the number, Recorder for the year ending the previous
type and location of customer's service, or the December 31st.
type of services; the service required by laws and
regulations; or upon other factors as long as such 2. The City Manager shall report to
rates are reasonably based upon the cost of the the council by April 15th on the franchisee reports
particular service and are approved by the City and propose rate adjustments, if any. The City
Council in the same manner as other rates; Manager may make such recommendations as
appropriate to the rate determination.A copy shall
2. The franchisee from volunteering be delivered to each franchisee.
service at reduced cost for a civic, community,
benevolent or charitable program. 3. The council may set a hearing on
any proposed rate adjustment.
C. Rates to be charged by the franchisees
under this chapter shall be set by the City Council
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4. Unless there is good cause shown Manager; provided, however, that an emergency
and recorded in the minutes of the council, the or interim rate is not valid for more than six
council shall act upon any rate adjustment during months from the effective date. The City Manager
consideration of the master fees and charges as shall report any emergency or interim rate adopted
part of the annual budget process. Adjustment of together with justification to the council for action
the rates can fall under the following categories: by resolution and order, if the rate is to continue
for more than six months.
a. If the aggregate profit for all
waste haulers is less than eight percent or more G. Rates established by the council are
than 12%then the city will undertake a rate study fixed rates and the franchisee shall not charge
to recommend new rates. The new rates will be more or less than the fixed rate unless pursuant to
effective on July 1st and will be intended to subsection B.2 of this section.
produce an aggregate rate of return of 10%for the
following calendar year. When rates are set in the H. Nonscheduled services shall be charged
middle of a calendar year, the expected aggregate at the reasonable cost of providing the service
rate of return for the haulers during that calendar taking into consideration the factors in subsections
year shall be reported to the haulers. So long as B and C of this section and as determined by
the actual aggregate rate of return for that calendar franchisee.
year is within two percent more or less than the
reported aggregate rate of return, no rate study I. In establishing rates,the council may set
will be needed based on that calendar year's uniform rates, uniform rates by zone and different
report. rates for collectors where there is a service and
cost justification.
b. If the aggregate profit for all
waste haulers is between eight and 12%, the rates J. Until changed by the council, rates to be
will be adjusted annually with a start date of charged are those in effect on the effective date of
January 1st indexed to the U.S. Department of the ordinance codified in this chapter.
Labor, Bureau of Labor Statistics CPI-U Over-
the-Year Percent Change Annual Average for K. If approved in a rate schedule, a "start
Portland-Salem. If the aggregate profit is between charge" for new service and a"restart charge"for
eight to nine percent, then 1.25 times the index reinstituted service may be added.
will be applied. If the aggregate profit is from nine
to 11%, then the index will be applied. If the L. Franchisees may request and the council
aggregate profit is between 11%to 12%,then 0.75 shall schedule a public hearing on the application
times the index will be applied. for adjustment or action of the council where no
public hearing has been held prior to rate
5. The reports are required from each determination.
franchisee regardless of whether or not a rate
adjustment is requested. M. Franchisee may require payment for
residential and multifamily residential service up
6. Cost of service studies will be to three months in advance, and may bill up to
conducted at a minimum of every six years. three months in advance, arrears or any
combination. Where billed in advance, franchisee
F. Emergency rates or an interim rate for a will refund a prorated portion of the payment for
new or altered service may be set by the City any complete months in which service is not to be
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provided. Where billed in advance, no rate
adjustment shall be effective until the end of the 3. On the scheduled collection day,
advance payment. the customer shall provide safe access to the
pickup point which does not jeopardize the safety
N. Any person who receives solid waste of the driver of a collection vehicle or the
service from the franchisees shall be responsible motoring public or create a hazard or risk to the
for payment for such service. person providing service. Receptacles must be in a
visible (from the street or alley) location which
O. Franchisee may charge at time of may be serviced and driven to by satellite vehicles
service for drop box service or for any customer where practical. Access must not require the
who has not established credit with franchisee. collector to pass behind an automobile or other
(Ord. 15-10 §1; Ord. 09-05 §1; Ord. 03-08; Ord. vehicle or to pass under low-hanging obstructions
91-36 §1;Ord. 86-66 §§3-6;Ord. 83-19 §1;Ord. such as eaves, tree branches, clotheslines or
78-64 §8) electrical wires which obstruct safe passage to and
from receptacles. Receptacles must be at ground
11.04.100 Container Requirements and level, outside of garages, fences and other
Collection Limitations enclosures, and within 100 feet of the street right-
of-way or curb. Where the City Manager finds
A. In addition to compliance with ORS that a private bridge, culvert or other structure or
Chapter 459 and regulations promulgated in it and road is incapable of safely carrying the weight of
in this section: the collection vehicle,the collector shall not enter
onto such structure or road. The customer shall
To achieve the purposes of this chapter, provide a safe alternative access point or system.
to prevent recurring back and other injuries to
collectors and other persons, to comply with 4. All solid waste receptacles located
safety instructions to collectors from the State at single-family residences shall be placed
Accident Insurance Fund, and to comply with together in one authorized location on the
safety,health and environmental safeguards: regularly scheduled collection day.
1. Solid waste receptacles designed 5. All solid waste receptacles,
for manual pickup shall have sides tapering including, but not limited to, cans, containers and
outward to the opening at the top that provide for drop boxes, shall be maintained in a safe and
unobstructed dumping of the contents, two sanitary condition by the customer.
handles on opposite sides, a close-fitting lid with
handle,not to exceed 32 gallons' capacity, and be 6. Solid waste service customers shall
watertight in construction; shall be made of metal place items not intended for pickup at least three
or some rigid material that will not crack or break feet from solid waste receptacles.
in freezing weather; and shall be waterproof,
rodent-resistant and easily cleanable;and shall not 7. No person shall block the access to
exceed the gross loaded weight established by a solid waste container or drop box.
state law or regulation.
8. No person shall place any
2. Sunken refuse receptacles or hazardous waste, as defined by or pursuant to
containers shall not be used, unless they are ORS Chapter 466, out for collection by another
placed aboveground by the owner for service. person, franchisee or permittee or place it in any
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TIGARD MUNICIPAL CODE
container supplied by such a person, franchisee or
permittee without prior written notification and C. No stationary compactor or other
acceptance by the person, franchisee or permittee, container for commercial or industrial use shall
and also upon compliance with any requirements exceed the safe-loading design limit or operation
of ORS Chapter 466 and any rules or regulations of the collection vehicles provided by the
thereunder. Franchisee may decline to provide franchisee serving the area. Upon petition of a
service for hazardous waste. A container for group of customers reasonably requiring special
hazardous or other special waste shall be service, the City Council may require the
appropriately labeled and placed in a location franchisee to provide vehicles capable of handling
inaccessible to the public. If the container is specialized loads, including, but not limited to,
reusable, it shall be suitable for cleaning and be front-loading collection vehicles and drop-box
cleaned. (See also requirements of ORS Chapter vehicles and systems.
466 and rules and regulations thereunder.)
D. Any vehicle used by any person to
9. All putrescible solid wastes shall be transport wastes shall be so loaded and operated
removed from any premises at least once every as to prevent the wastes from dripping, dropping,
seven days, regardless of whether or not confined sifting, blowing or otherwise escaping from the
in any container, compactor, drop box or other vehicle onto any public right-of-way or lands
receptacle. adjacent thereto. (Ord. 09-05 §1; Ord. 03-08; Ord.
91-36 §1;Ord. 78-64 §15)
10. If for other than manual pickup, no
customer shall use any solid waste collection 11.04.105 Stationary Solid Waste
container unless it is supplied by the franchisee or Compactors
is approved by the franchisee on the basis of
safety, equipment compatibility, availability of A. To achieve the purpose of this chapter to
equipment and the purposes of this chapter. comply with safety, health and environmental
requirements, stationary solid waste compactors
11. Containers (and drop boxes) shall are subject to the following requirements:
be cleaned by the customer; provided, however,
that the franchisee shall paint the exterior and B. Franchisee Approval. A customer
provide normal maintenance. The customer shall should obtain franchisee's approval for
be liable for damage beyond reasonable wear and compatibility with the franchisee's hauling
tear. equipment prior to installation of a stationary
solid waste compactor.
12. Container customers shall supply a
location and properly maintain containers so as to C. Operational Standards. At all times the
meet standards of this chapter. customer and the compactor must remain in
compliance with the following requirements:
B. If a customer does not comply with any
of the provisions of subsection A of this section, 1. Compliance with any applicable
the franchisee shall not be obligated to provide federal, state and local health, safety and
service to that customer. Franchisee shall environmental regulations including, but not
immediately notify the customer and the city of limited to,OAR 437-002-0242 and this section.
the noncompliance. Customer may be charged as
if the service had been rendered.
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2. The compactor and surrounding condition of unsightliness. (Ord. 91-36 §1; Ord.
area will be kept clean at all times. 78-64 §16)
3. The compactor will undergo 11.04.120 Unauthorized Deposits
regular preventive maintenance and adequate Prohibited
emergency maintenance will be available.
No person shall, without authorization and
4. There will be no operation of the compliance with the disposal site requirements of
compactor between the hours of 9 p.m. and 7 a.m. this chapter, deposit waste on public property or
the private property of another. Streets and other
D. Safety.No stationary compactor or other public places are not authorized as places to
container for multifamily residential, commercial deposit waste except as specific provisions for
or industrial use may exceed the safe-loading containers have been made. (Ord. 91-36 §1; Ord.
design limit or operation of the collection vehicles 78-62 §17)
provided by the franchisee serving the area. 11.04.130 Interruption of Franchisee's
Service
E. Health. Compactors containing
putrescible waste will be emptied at least weekly. The franchisee agrees, as a condition of a
franchise, that whenever the City Council finds
F. Reimbursement for Fines. Customer will that the failure of service or threatened failure of
reimburse the franchisee for any fines incurred by service would result in creation of an immediate
the franchisee for weight or environmental and serious health hazard or serious public
violations, or any other violations caused by the nuisance, the City Council may, after a minimum
ownership,operation or use of the compactor. of 24 hours' actual notice to the franchisee and a
public hearing if the franchisee requests it,
G. Signing. Each container will be clearly provide or authorize another person to temporarily
labeled with the name, address and telephone provide the service or to use and operate the land,
number of the customer and the name of an facilities and equipment of a franchisee to provide
individual to contact. emergency service. If a public hearing is
requested by the franchisee, it may be held
H. Violations. Franchisee will not be immediately by the City Council after compliance
obligated to transport a compactor that violates with the minimum notice requirements for such
the provisions of this section. On notice from meetings established by the Oregon Public
franchisee to customer and the city, customer will Meetings Law. The City Council shall return any
immediately correct the violation. If customer seized property and business upon abatement of
does not correct the violation,franchisee will give the actual or threatened interruption of service,
notice of such to the city. (Ord. 18-07 §1; Ord. 09- and after payment to the city for any net cost
05 §1;Ord.03-08;Ord.91-36 §1) incurred in the operation of the solid waste
service. (Ord. 91-36 §1;Ord. 78-64 §10)
11.04.110 Offensive Wastes Prohibited
11.04.140 Termination of Service by
No person shall have waste on property that Franchisee
is offensive or hazardous to the health or safety of
others or which creates offensive odors or a The franchisee shall not terminate service to
all or a portion of the customers unless:
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A. The street or road access is blocked and Unless otherwise exempt, all businesses and
there is no alternate route and provided that the business recycling service customers shall comply
franchisee shall restore service not later than 24 with the business recycling requirement
hours after street or road access is opened; performance standard set forth in Metro Regional
Government Code Section 5.10.330 and the
B. As determined by the franchisee, administrative rules adopted pursuant to TMC
excessive weather conditions render providing Section 11.04.165185. (Ord. 11-06 §1; Ord. 09-05
service unduly hazardous to persons providing §1)
service or to the public or such termination is
caused by accidents or casualties caused by an act 11.04.160 Business Food Waste
of God, a public enemy, or a vandal, or road Requirement
access is blocked;
Unless otherwise exempt, all covered
C. A customer has not paid for provided businesses must comply with the business food
service after a regular billing and after a seven- waste requirement performance standard set forth
day written notice from the date of mailing, which in Metro Regional Government Code Section
notice shall be sent not less than 15 days after the 5.10.410-5.10.470. Owners or managers of single
first regular billing; or or multi-tenant buildings containing covered
businesses must allow or otherwise enable the
D. Ninety days' written notice is given to provision of food waste collection service to
the City Council and to affected customers and lessees or occupants subject to the business food
written approval is obtained from the City waste requirement.
Council;
11.04.165 Business Food Waste Rules and
E. The customer does not comply with the Regulations
service standards of Section 11.04.100 of this
chapter.(Ord. 91-36 §1; Ord. 78-64 §11) Covered businesses must:
11.04.150 Subcontracts A. Separate food waste from all other solid
waste for collection. Covered businesses must
The franchisees may subcontract with others have correctly-labeled and easily-identifiable
to provide a portion of the service where the receptacles for internal maintenance or work areas
franchisees do not have the necessary equipment where food waste may be collected, stored, or
or service capability. Such a subcontract shall not both.
relieve the franchisees of total responsibility for
providing and maintaining service and from B. Collect food waste that is controlled by
compliance with this chapter. Franchisee shall the business, agents, and employees. This
provide written notice to the city of the requirement does not apply to food wastes
franchisee's intention to subcontract any portion controlled by customers or the public. At its
of the service prior to entering into such discretion, a business may also collect food waste
agreement. (Ord. 91-36 §1;Ord. 78-64 §12) from customers or the public but must ensure that
food wastes are free of non-food items. K-12
11.04.155 Business Recycling schools may also include student-generated food
Requirement
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TIGARD MUNICIPAL CODE
waste from school cafeteria meals but must ensure business food waste requirement. Businesses must
that food wastes are free of non-food items. agree to periodic waiver verification site visits to
determine if conditions that warrant the waiver are
C. Post accurate signs where food waste is still in place and cannot be remedied in
collected, stored, or both that identify the accordance with waiver criteria.
materials that the covered business must source
separate. 11.04.69180 Rules and Regulations
Applicable to Franchisees
11.04.170 Business Food Waste Compliance
Periods The City Manager or designee may propose
and prepare rules and regulations applicable to
Covered businesses must comply with the franchisees that pertain to this chapter. The rules
food waste requirement as determined by the and regulations shall be printed or typewritten,
quantity of food waste they generate per week, on and be maintained for inspection in the office of
average. Implementation will begin with Business the City Recorder. All proposed rules and
Group 1 and progress to the other groups regulations promulgated under the authority of
according to the dates noted below. Covered this section, and all amendments thereto, shall be
businesses that demonstrate they generate less immediately forwarded to the franchisee operating
than 250 pounds per week of food waste are not under this chapter for response. The franchisee
subject to this requirement. shall have 30 days to respond in writing to such
proposed rules and regulations. If the franchisee
A. Business Group 1 has objections or revisions to the proposed rules,
March 31,2020-March 31,2021 the franchisee shall meet and confer with the City
Less than or equal to 0.5 ton (1,000 pounds) Manager regarding the franchisees concerns. If
per week food waste generated the concerns are not resolved through consultation
with the City Manager, then the City Manager
shall forward the proposed rule, with the
B. Business Group 2 franchisees comments, to the City Council for its
March 31,2021-March 31,2022 consideration.The franchisee may request that the
Less than or equal to 0.25 ton (500 pounds) City Council hold a public hearing on a proposed
per week food waste generated rule. The council may approve the proposed rule
as submitted, modify the rule, or reject the rule.
C. Business Group 3 The City Manager shall enact all rules pursuant to
March 31,2022-March 31,2023 this subsection by written order. (Ord. 11-06 §1;
Less than or equal to 0.125 ton (250 pounds) Ord. 09-05 §1; Ord. 03-08; Ord. 91-36 §1; Ord.
per week food waste generated 78-64 §14)
11.04.175 Temporary Compliance Waivers 11.04.66185 Administrative Rules
to Covered Businesses
A covered business may seek a temporary Requirement
(12 month) waiver from the business food waste
requirement by providing access to a recycling Adoption of Administrative Rules. The City
specialist for a site visit and demonstrating that Manager or designee is authorized to adopt
the covered business cannot comply with the administrative rules related to the provisions of
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TIGARD MUNICIPAL CODE
the business recycling and business food waste 2. Damages. Any person providing
requirements. Such administrative rules than will service in the Tigard city limits without having a
be adopted pursuant with the provisions of TMC franchise pursuant to Section 11.04.040 will be
Chapter 2.04. (Ord. 11-06 §1; Ord. 09-05 §1) subject to the following damages: lost customer
revenue to be paid to the franchisee; unpaid
11.04. 8190 Enforcement franchise fees owed to the city pursuant to Section
11.04.060, which shall be paid to the City of
A. The City Manager shall enforce the Tigard; liquidated damages in the amount of$500
provisions of this chapter, and the rules and for each violation to be paid to the City of Tigard
regulations adopted pursuant thereto; city's in lieu of imposition of the civil penalty; and any
agents, including police officers and other other legal remedies available. The court shall
employees so designated, may enter affected award reasonable attorney fees to the prevailing
premises at reasonable times for the purpose of party.
determining compliance with the provisions and
terms of this chapter. However, no premises shall 3. Violations. For purposes of
be entered without first attempting to obtain the liquidated damages in paragraph 2 of this
consent of the owner or person in control of the subsection B, each incident of service provided
premises if other than the owner. If consent without a franchise shall be a separate violation.
cannot be obtained, the city representative shall Incident of service means each and every
secure a search warrant from the city's municipal individual act of service, as defined by Section
court before further attempts to gain entry, and the 11.04.030.N, performed by the violator. For
city shall have recourse to every other remedy example, providing service without a franchise by
provided by law to secure entry. hauling a drop box for a person on six occasions is
six violations.
B. A franchisee shall have a cause of action
in Washington County Circuit Court against any 4. Indemnity. The City of Tigard shall
person providing service in the Tigard city limits have no liability for the franchisee's attorney fees
without having a franchise in violation of Section and costs incurred for electing to pursue
11.04.040. The cause of action includes any enforcement under these provisions. Any
appropriate relief, including injunctive relief. franchisee who elects to act under this provision
shall indemnify the City of Tigard in the event of
1. Notice to City Manager. Before a any claims filed against the city arising out of the
franchisee may commence a civil action, the franchisee's enforcement actions brought under
franchisee must provide 30 days' written notice to the provisions of this chapter. (Ord. 09-05 §1;
the City Manager. The City Manager may elect Ord. 07-01)
either to enforce the provisions of this chapter in
accordance with Section 11.04.170, or allow the 11.04.4&9195 Penalty
franchisee to commence a civil action in
Washington County Circuit Court against the Violation by any person of the provisions of
person in violation of Section 11.04.040. If the this chapter or the rules and regulations adopted
City Manager fails to respond to the notice, the pursuant to Section 11.04.185 11.04.160 or
franchisee may proceed with the civil action. A 11.04.165 will be deemed a Class 1 civil
franchisee may not commence a civil action if the infraction, punishable according to the provisions
City Manager is pursuing enforcement actions. set forth in Chapter 1.16 of this code. (Ord. 18-07
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TIGARD MUNICIPAL CODE
§1; Ord. 09-05 §1; Ord. 91-36 §1; Ord. 78-64
§19) ■
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