It is declared to be the public policy of the City of Molalla to regulate solid waste management and thereby to:
A. 
Protect the public health, safety and welfare.
B. 
Provide comprehensive solid waste service with rates that are reasonable, but adequate to provide necessary public service, and to prohibit rate preferences and other discriminatory practices.
C. 
Provide for resource recovery through franchisee and permit franchisee to cooperate in a county-wide program or any other area-wide program with others franchised by Clackamas County, other cities in the County or by other governmental entities in the Portland metropolitan area to provide solid waste service.
(Ord. 2007-01 §1)
For the purposes of this chapter:
"City"
means the City of Molalla, Oregon.
"Council"
means the Molalla City Council.
"Compensation"
means and includes:
1. 
Any type of consideration paid for service, including, but not limited to, rent, and proceeds from resource recovery or recycling and any direct or indirect provision for payment of money, goods, services or benefits by tenants, lessees, occupants or similar persons;
2. 
The exchange of services between persons, including the hauling of solid waste;
3. 
The flow of consideration from the person owning or possessing the solid waste to the person providing service.
"Franchisee"
means Molalla Sanitary Service, Inc.
"Person"
includes, without limitation an individual, partnership, association (incorporated or otherwise), corporation, trust, firm, estate or other legal entity.
"Recycling"
which means any process by which solid waste materials are transformed into new products in such manner that the original products may lose their identity. The process includes collection, transportation, storage and transfer of solid waste and placing the solid waste in the stream of commerce for resource recovery.
"Resource recovery"
means the process of obtaining useful material or energy resources from solid waste. Except as limited by state law this includes:
1. 
"Energy recovery"
which means recovery in which all or a part of the solid waste materials are processed to utilize the heat content, or other forms of energy, of or from the material.
2. 
"Material recovery"
which means any process of obtaining from solid waste, by pre-segregation or otherwise, materials which still have useful physical or chemical properties after serving a specific purpose and can, therefore, be reused or recycled for the same or other purpose.
"Reuse"
which means the return of a commodity into the economic stream for use in the same kind of application as before without change in its identity. Nothing in this definition shall authorize a use not in conformity with the comprehensive plan zoning ordinance or development regulations of the City.
"Service"
means the collection, transportation, storage, transfer, disposal of or resource recovery of solid waste, including solid waste management.
"Solid waste"
means:
1. 
All useless and discarded putrescible and nonputrescible wastes, as defined by ORS 459.005(24) (2005), including, but not limited to, garbage, rubbish, refuse, ashes, waste paper, cardboard, grass clippings, compost, scrap metal, glass, storage pallets, equipment and furniture, demolition and construction debris, inoperative vehicles, vehicle parts, except (as excluded below) inoperative home or industrial appliances or machinery (or parts thereof), manure, vegetable or animal solid and semisolid wastes or infectious wastes as defined in ORS 459.386(4) (2005), but the term does not include:
a. 
Hazardous wastes as defined in ORS 466.005(7)(2005);
b. 
Sewer sludge and septic tank and cesspool pumping, chemical toilet waste and other sludge;
c. 
Beverage containers defined in ORS 459A.700(2) (2005);
d. 
Material used for fertilizer or for other productive agricultural operations in growing or harvesting crops and the raising of fowls or animals;
e. 
Lead-acid batteries, as defined and regulated by ORS 459.420 through 459.437 (2005);
f. 
Waste tires, as defined and regulated by ORS 459.705 through 459.790 (2005);
g. 
Articles kept in a storage area maintained so as to not constitute a safety, health, or fire hazard and screened from public view by means of a solid fence, trees, shrubbery or other appropriate means;
h. 
Vehicles kept on the premises of a business lawfully engaged in wrecking and junking of vehicles.
2. 
The fact that materials that would otherwise come within the definition of "solid waste" may from time to time have value and thus be used or usable does not preclude such materials from this definition.
"Solid waste management"
means the prevention or reduction of solid waste; management of the storage, transfer, collection, transportation, treatment, utilization, processing and final disposal of solid waste; resource recovery from solid waste; and facilities used for those activities.
"Source separation"
means the separation or setting aside of waste, by the source generator or producer of the waste, for recycling or reuse.
"Total source separation"
means the complete separation by the source generator or producer of the waste by type or kind of waste from all other types or kinds of waste. Total source separation requires each type or kind of recyclable material (such as newsprint, computer paper, cardboard, glass, ferrous cans and aluminum cans) to be distinctly separated into a separate package, container or stack in preparation for collection. For example, newspaper, cardboard, glass, ferrous cans and waste wood are each placed in a separate container and no two or more recyclables are mixed in the same container.
"Waste"
means material that is no longer wanted or usable by the source, the source generator or producer of the material and the material is to be disposed of or resource-recovered by another person and includes both source-separated material and non-source-separated materials.
(Ord. 2007-01 §1)
A. 
Pursuant to ORS 459A.085 (2005), the City hereby exercises its franchise authority over the provision of service and solid waste management within its boundaries. The franchise shall be the exclusive right, privilege and franchise to provide service (as that term is defined above) within the City. For purposes of the franchise, franchisee shall have the exclusive right to use the public rights-of-way of the City. Except as otherwise provided elsewhere in this chapter, no other person shall provide, offer to provide, or advertise for the performance of service for any person on any property in the City.
B. 
The exclusive right, privilege and franchise to provide service within the City limits of the City is granted to Molalla Sanitary Service, Inc., the terms and conditions of which are set out in this chapter.
C. 
Except as provided in Section 8.08.040, no person other than franchisee shall:
1. 
Collect, reload, process, compact, sort or transport solid waste generated within the City;
2. 
Take, process, sort, transfer, compact or remove (whether for recycling, reuse or otherwise) waste or solid waste materials place out for collection;
3. 
Enter or interfere with any solid waste container or remove any such container or its contents from the location where the same has been placed by the person producing the contents of container.
(Ord. 2007-01 §1)
The exclusive right, privilege, and franchise for service granted under Section 8.08.030 is subject to the following exceptions:
A. 
A person may engage in the collection of source-separated materials for recycling or resource recovery but only for the purpose of raising funds for a charitable, civic or benevolent activity under the following conditions:
1. 
Such activity shall be conducted in accordance with the terms and under the conditions contained in this chapter, regulations adopted hereunder, and with notice submitted to the City as required.
2. 
Prior written notice of such activity shall be prepared and signed by the person intending to engage in such activity (or an authorized representative) and delivered to the City Manager (with a copy to the franchisee) which notice shall specify the geographic areas and times in which such activities are intended to take place.
3. 
Regulations may be adopted to administer these provisions.
B. 
A person may transport solid waste, which such person produces, directly to an authorized disposal site or recycling or resource recovery facility. However, the solid waste produced by a tenant, licensee, occupant or person other than the owner of the leased, occupied or licensed premises shall be considered produced by the tenant, licensee, occupant or person and not produced by the landlord or property owner. Therefore, except as provided in this chapter, no person shall provide service for compensation to any tenant, lessee or occupant of any property of such person, and the landlord or property owner shall provide service through the franchisee.
C. 
A person may contract with the state or a federal agency to provide service to such agency under a written contract with such agency.
D. 
A person may engage in the practice of towing or otherwise removing damaged, discarded or abandoned vehicles or parts thereof, so long as such activity is conducted in compliance with applicable state and local laws.
E. 
A person may engage in the practice of pumping, transporting, and disposal of septic tank and cesspool pumpings or other sludge, provided such activity is conducted in compliance with applicable state law.
F. 
A person who engages in an occupation (such as gardener, landscaper, groundskeeper or construction contractor) for a property owner or tenant in the City and who thereby produces as a result of such work small volumes of solid waste may transport such solid waste in such person's own equipment where the solid waste produced is incidental to the particular job the person is performing.
G. 
A person may collect and dispose of tires if that person has been issued a waste tire carrier permit by DEQ pursuant to ORS 459.705 through 459.790, disposes of tires at a licensed repository as set forth in ORS 459.710(2) and otherwise complies with all legal requirements relating to collection and disposal of tires, DEQ regulations and City and county ordinances.
(Ord. 2007-01 §1)
A. 
Unless grounds exist for suspension, modification or revocation of the solid waste collection franchise under Section 8.08.090, the franchisee shall be considered as a continuing 10-year term. Beginning January 1st of each year, the franchise will be considered renewed for an additional 10-year term unless at least 30 days prior to January 1st of any year, the City notifies franchisee of its intent to terminate the continuing franchise system. Upon the giving of such notice by the City, the franchisee will have a franchise which will be deemed to terminate on the January 1st which is 10 years from the date of the last renewal prior to the notice of termination, unless otherwise mutually agreed upon in writing by franchisee and the City.
B. 
Notwithstanding the foregoing, the City may initiate proceeding for suspension, modification, or revocation of the franchise under Section 8.08.080 at any time.
(Ord. 2007-01 §1)
A. 
Franchisee shall:
1. 
Provide service throughout the City. All disposal of solid waste shall be at a site in compliance with ORS Chapters 459 and 459A (2005) together with any regulations promulgated there under. Franchisee shall observe and comply with all applicable federal, state, county and City laws.
2. 
Maintain commercial general and automobile liability insurance policy for protection of franchisee, the City, its councilors, employees and agents insuring said parties against liability for damages because of injury or death of any person or damage to property (including loss of use thereof) in any way related to franchisee's operations, provision of service or this franchise with insurance of not less than $1,000,000.00 combined single limit, per occurrence, for injury or death to any person or damage to property.
a. 
Insurance coverage shall (either by provision in the policy or by special endorsement) insure the City, its councilors, employees and agents as additional named insured. Such policies shall contain an agreement waiving the right of such insurers to subrogation against the City, its councilors, officer's employees and agents.
b. 
Franchisee shall, on or before the first day of the term hereof, furnish the City such policy or policies of insurance (or certificates) evidencing the insurance coverage required herein. Said policies or certificates shall provide that coverage may not be canceled, reduced or terminated without at least 30 days prior written notice to City and shall not be invalidated or abrogated by any act, or neglect or breach of contract by franchisee.
3. 
Provide the City Manager (upon request) with details concerning the day of the week and approximate hour of service to the various areas of the City.
4. 
Provide sufficient collection vehicles, containers, facilities, personnel and finances to provide all types of necessary service and solid waste management service or subcontract with others to provide such service pursuant to Section 8.08.120.
5. 
Provide that all vehicles used in the collection or transportation of solid waste be equipped with a leak-proof body of the compactor type. If franchisee uses a specially designed, motorized local collection vehicle for transporting solid waste over short distances from residential or commercial stops to waiting trucks, the container portion of such vehicle shall be equipped with a cover, adequate to prevent scattering of any load. If any pickup truck or open-bed truck is used by the franchisee, the load shall be covered with an adequate cover to prevent scattering of the load. All vehicles shall be operated in conformity with all state and local laws (including licensure and registration) and be equipped in compliance with the motor vehicle laws of the state.
6. 
Provide reasonable and timely response to any written complaint about service.
7. 
Provide the "opportunity to recycle" as said term is defined by ORS 459A.005 (2005).
8. 
Comply with any and all rules and regulations adopted by the Department of Environmental Quality relating to recycling.
9. 
Provide that all substances which may be putrid, spoiled or in a decayed or decaying condition or which emit an odor deleterious to the health or the sense of smell shall be transferred into covered containers;
10. 
Provide that franchisee and its employees shall not engage in any unnecessary trespassing, and that due care shall be exercised to prevent damage to private property, including flowers, shrubs and other plantings by using the regular walks as nearly as practicable while on private property. Care shall also be taken to prevent damage to containers of customers;
11. 
Provide service to City facilities, including City Hall, Molalla Library, Waste Water Treatment Plant, Molalla Senior Center, Molalla Library, Molalla City Shops, Clarke, Long and Fox Parks, BMX Track and Sheets Field at no cost to the City.
12. 
Provide service to the City (at the request of the City Manager) to assist the City in the abatement of any accumulated solid waste nuisances.
a. 
Franchisee shall act as an agent of the City for this purpose and follow the City's specific instructions as to the location, nature, extent, and procedure for abating nuisance.
b. 
The City shall, to the extent permitted by law, indemnify and hold franchisee harmless from any claim or liability (other than liability arising from franchisee's fault) arising from franchisee's actions under this subsection while following City's specific instructions. Franchisee shall be paid its established rate for providing any service hereunder.
B. 
Franchisee shall not:
1. 
Insofar as possible, give any rate preference to any person, locality or type of solid waste stored, collected, transported, disposed of or resource-recovered. Franchisee may have various classes of rates based upon length of haul, type or quantity of solid waste handled, equipment and manpower necessary to perform the service and location of customers provided the rates are reasonably comparable.
2. 
Transfer this franchise or any portion thereof to other persons without the prior written authorization (in the form of a resolution) of the Council. Such authorization shall not be unreasonably withheld.
(Ord. 2007-01 §1)
Service provided under this franchise shall be under the supervision of the City Manager. Franchisee shall, at reasonable time, permit inspection of its equipment, facilities, personnel and records as they relate to solid waste management service to the City Manager or designate.
(Ord. 2007-01 §1)
A. 
If the franchisee refuses to provide adequate service or otherwise comply with the provisions of this chapter (after written notification and a reasonable opportunity to cure is provided by the City) the franchise granted herein may be suspended, modified or revoked by the City consistent with the provisions of subsection B below.
B. 
After written notice from the Council specifying the nature and details of the grounds believed to form the basis for the suspension, modification or revocation, franchisee shall have not less than 60 days from the date of the notice to bring about such change as the Council directs or to show cause why the Council's belief about the inadequacy of the service is misplaced. If the latter, franchisee may request, in writing, a public hearing before the Council or such other body or person which the Council believes will provide a full and fair hearing and is delegated in writing authority to hold the hearing. At such hearing, the franchisee and other interested persons shall have opportunity to present oral, written or documentary evidence. The Council (or other body or person conducting the hearing) shall have the hearing's proceedings recorded and any decision as to the modification, suspension or revocation of the franchise shall be based upon the evidence and record presented at the hearing. The decision of the Council (or other body or person conducting the hearing) shall be subject to review solely as provided by ORS 34.010 to 34.100 (2005) and not otherwise.
(Ord. 2007-01 §1)
In the event Council determines that a failure of service or threatened failure of service by franchisee results in an immediate and serious health hazard and/or threat to the public's health, safety and welfare, the Council may, after a minimum of 24 hours prior written notice to franchisee and a public hearing (if franchisee so requests) in front of the Council, authorize another person to temporarily provide service as necessary for compensation or to use and operate the land, facilities or equipment of the franchisee. The Council shall return any seized property and business upon abatement of the actual or threatened interruption of service.
(Ord. 2007-01 §1)
Franchisee shall not terminate service to all or a portion of its customers, except:
A. 
When temporary weather conditions render providing service unduly hazardous to franchisee's employees providing service or when termination is due to accidents or casualties caused by an act of God or a public enemy;
B. 
When street or road access is blocked and there is no readily available alternate route to serve all or a portion of its customers;
C. 
When a customer has not paid for service provided after a regular billing and after a minimum of seven days' written notice to pay;
D. 
After 30 days' written notice is given to the Council and to affected customers and approval is obtained from the Council; or
E. 
Upon expiration of the franchise granted franchisee.
(Ord. 2007-01 §1)
Franchisee may subcontract with others to provide a portion of the services when the franchisee does not have the necessary equipment for such service. Such subcontract shall not relieve franchisee of responsibility for providing and maintaining service or from otherwise complying with this chapter.
(Ord. 2007-01 §1)
A. 
The rates for service under the franchise shall be the rates currently in effect upon adoption of the ordinance codified in this chapter. The rates shall remain in effect until a change in rates is approved by resolution of Council.
B. 
The Council has the authority to and shall establish and change rates for service as considered necessary from time to time or as may be requested by franchisee. The change of rate(s) shall be done by resolution.
C. 
In determining the appropriate rate(s) to be charged by the franchisee for service, the Council shall consider all relevant factors, including the following:
1. 
The cost of providing service by franchisee;
2. 
The anticipated increase in the cost of providing service;
3. 
The need for equipment replacement or the need for additional equipment to meet service needs;
4. 
To effect compliance with federal, state or local law;
5. 
To respond to technological change;
6. 
The investment of franchisee (including the value of the business and the necessity that franchisee have a reasonable rate of return);
7. 
The rates charged in other cities of the county or metropolitan area for similar service;
8. 
The public interest in assuring reasonable rates to enable franchisee's provision of efficient and beneficial service to residents and other users of the service;
9. 
Local wage scales, cost of management facilities and disposal fees or charges; and
10. 
Profit or cost savings resulting from recycling, and any additional costs resulting from recycling.
(Ord. 2007-01 §1)
A. 
The following requirements shall pertain to service under this chapter:
1. 
Garbage, yard debris and recycling receptacles shall be of standard industry design, convenient for use by the customers and shall comply with applicable federal and state occupational health, safety and other requirements. Sunken refuse cans or containers are prohibited.
2. 
Cans shall be rigid and composed of materials that resist splitting or cracking from changes in weather conditions.
3. 
Customers shall provide safe access to the pickup point to not jeopardize persons or equipment supplying service or the motoring public.
B. 
Residential customers shall place any container to be emptied at curbside (including recycling containers and yard debris containers) within five feet from the location designated by franchisee at the edge of the street, alleyway or other roadway used by franchisee to collect solid waste.
C. 
Notwithstanding the foregoing, franchisee shall collect solid waste from a side or back yard (to which franchisee has been given unobstructed and safe access) of those residential customers who qualify as elderly, disabled or handicapped as designated by City or whom agree to pay a higher rate for non-curbside collection.
D. 
Stationary compactors for handling solid waste shall comply with applicable federal and state safety regulations. No such compactor shall be loaded so as to exceed the safe loading design limit or operation limit of the collection vehicles used by franchisee. A person who wishes services for a compactor shall inquire of franchisee as to compatibility with franchisee's equipment or equipment which the franchisee is willing to acquire prior to acquisition of any compactor.
E. 
Putrescible solid waste shall be removed from a customer's premises at regular intervals consistent with OAR 340-093-210 (2007).
F. 
Except as otherwise expressly provided herein, any person who receives service shall be responsible for payment of such service. The property owner of a leased premises shall be responsible for payment of such service if the tenant receiving the service does not or fails to pay for the service. In its discretion, franchisee shall be entitled to adopt a uniform and reasonable policy to require a cash deposit or advance payment for any service to property occupied by non-owners.
G. 
In the event of termination for nonpayment, the franchisee may require advance payment in the future before beginning service to that customer.
(Ord. 2007-01 §1)
Any finding by any court of competent jurisdiction that any portion of this chapter is unconstitutional or invalid shall not invalidate any other provision of this chapter.
(Ord. 2007-01 §1)
No person shall:
A. 
Place or dump or unreasonably accumulate solid waste or waste on private property or upon any of the streets, alleys or public property belonging to the City.
B. 
Unless otherwise provided by this chapter no person other than franchisee shall:
1. 
Do business in the collection, reloading, processing, compacting, sorting or transport of solid waste generated within the City;
2. 
Take, process, sort, transfer, compact or remove (whether for recycling, reuse or otherwise) waste or solid waste materials place out for collection; or
3. 
Enter or interfere with any solid waste container or remove any such container or its contents from the location where the same has been placed by the person producing the contents of container, without first obtaining written consent from franchisee.
C. 
Remove any recyclable material from a container, box, collection vehicle, depot or other receptacle for the accumulation or storage of recyclable materials without permission of the owner of the receptacle and franchisee.
D. 
Mix source-separated recyclable material with solid waste in any vehicle, box, container, or receptacle used in solid waste collection or disposal, except as permitted by the City or the franchisee or in accordance with federal law.
(Ord. 2007-01 §1)
A. 
The City may enforce the provisions of this chapter by administrative or civil action as it may deem necessary to obtain compliance with this chapter.
B. 
Franchisee shall (in addition to all other legal rights and remedies it may otherwise possess) have a cause of action for violations of this franchise in any court of competent jurisdiction, including injunctive relief.
C. 
The prevailing party in an action brought under this section shall be entitled to recover their costs (including attorney fees and expert witness fees) at trial and on appeal.
(Ord. 2007-01 §1)
A. 
The franchisee, the City and the public shall comply with the provisions of state law, including but not limited to ORS Chapters 459 and 459A, ORS Chapter 654 (Employment Safety and Health), and ORS Chapter 656 (Workers' Compensation) as well as the regulations promulgated pursuant thereto by the Department of Environmental Quality, the Workers' Compensation Department, and the State Accident Insurance Fund. The rules for the administration of the Oregon Safe Employment Act and the Oregon Occupational Safety and Health Code shall be complied with.
B. 
The following requirements shall pertain to service under the franchise authorized in this chapter:
1. 
Garbage, yard debris and recycling receptacles shall be of standard industry design, convenient for use by the customers and comply with applicable federal and state occupational health, safety and other requirements. Sunken refuse cans or containers shall be prohibited.
2. 
To protect against injury to employees of the franchisee and to protect against rodent and fire danger, cans shall be rigid and composed of materials that resist splitting or cracking from changes in weather conditions.
3. 
The customer shall provide safe access to the pickup point so as not to jeopardize the persons or equipment supplying service or the motoring public.
4. 
Residential customers shall place the container to be at curbside. For purposes of this section, "curbside" shall mean the placement of refuse containers, including recycling bins and yard debris containers, within five feet from the location designated by the franchisee at the edge of the street, alleyway, or other roadway regularly used by the franchisee to collect solid waste. Notwithstanding this requirement, the franchisee shall collect solid waste from the side, or back yard, to which residential customers shall give the franchisee unobstructed and safe access, of those residential customers who qualify as elderly, disabled or handicapped as defined by the City, or who agree to pay a higher rate for non-curbside collection.
5. 
Stationary compactors for handling solid waste shall comply with applicable federal and state safety regulations. No such compactor shall be loaded so as to exceed the safe loading design limit or operation limit of the collection vehicles used by the franchisee. A person who wishes services for a compactor shall, prior to acquisition of such compactor, inquire of the franchisee as to compatibility with franchisee's equipment or equipment which the franchisee is willing to acquire.
6. 
Putrescible solid waste shall be removed from the premises of a customer at regular intervals not to exceed seven days in accordance with Oregon Administrative Rules 340-61-070.
7. 
Except as otherwise expressly provided in this chapter, any person who receives service shall be responsible for payment of said service.
8. 
The franchisee shall be entitled to require a cash deposit or advance payment for any service to property occupied by non-owners.
9. 
In the event of termination for non-payment, the franchisee may require advance payment in the future before beginning service to that customer.
10. 
It shall be unlawful for any person to store solid wastes or wastes, except yard debris, upon any private property for more than seven days. Food and putrescible wastes must be held in rodent-proof containers.
(Ord. 2000-09B §1; Ord. 2007-09 §3)