Note: Prior ordinance history: Ords. 1752 and 1760.
It is declared to be the public policy of the City of Milwaukie to regulate solid waste management service by:
A. 
Insuring safe, economical, and comprehensive solid waste management service;
B. 
Insuring service rates and charges that are just and reasonable and adequate to provide necessary public service;
C. 
Prohibiting rate preferences and other discriminatory practices; and
D. 
Providing technologically and economically feasible resource recovery by and through the franchisees.
(Ord. 1955 § 1, 2005; Ord. 2092 § 1, 2015)
The following definitions shall apply to this chapter:
"Business"
means any entity of one or more persons, corporate or otherwise, engaged in commercial, professional, charitable, political, industrial, educational, or other activity that is nonresidential in nature, including public bodies.
"City"
means the City of Milwaukie, Clackamas County, Oregon.
"City council" or "council"
means the City Council of Milwaukie, Oregon.
In addition, for the purpose of this chapter, the following definitions shall be applicable:
"Allowable expenses"
means those expenses that are known and measurable, calculated in accordance with Generally Accepted Accounting Principles (GAAP), not in excess of the fair market value of like services, and are reasonably and prudently incurred by the franchisee in the course of performing its obligations under this franchise.
"Bulky wastes "
means large items of solid waste such as appliances, furniture, large auto parts, trees, branches greater than four inches in diameter and 36 inches in length, stumps, and other oversize wastes whose large size precludes or complicates their handling by normal collection, processing, or disposal methods.
"Commission"
means the State of Oregon Environmental Quality Commission (EQC).
"Compensation"
includes any type of consideration paid for service, including but not limited to, rent, the sale of recyclable materials, and any other direct or indirect provisions for payment of money, goods, or benefits by property owners, tenants, members, licensees, and similar persons. It shall also include any exchange of services, including the hauling of solid waste and waste. Compensation includes the flow of consideration from the person owning or possessing the solid waste or waste to the person collecting, sorting, transporting, or disposing of solid waste or waste.
"Curbside,"
as defined here, may also be called "curbside/roadside" and means a location within three feet of public right-of-way. This does not allow the garbage or recycling receptacle to be placed on the inside of a fence or enclosure even if the receptacle is within three feet of said road or roads. For residences on "flag lots," private roads, or driveways, "curbside/roadside" shall be the point where the private road or driveway intersects a city road, public access road, state road, or federal road.
"Department"
means the State of Oregon Department of Environmental Quality (DEQ).
"Disposal site"
means land and facilities used for the disposal, handling or transfer of, or resource recovery from solid wastes, including but not limited to, dumps, landfills, sludge lagoons, sludge treatment facilities, disposal sites for septic tank pumping or cesspool cleaning service, transfer stations, resource recovery facilities, incinerators for solid waste delivered by the public or by a solid waste collection service, composting plants, and land and facilities previously used for solid waste disposal at a land disposal site; but the term does not include a facility subject to the permit requirements of ORS 468B.050; a landfill site which is used by the owner or person in control of the premises to dispose of soil, rock, concrete, or other similar nondecomposable material, unless the site is used by the public either directly or through a solid waste collection service; or a site operated by a wrecker issued a certificate under ORS 822.110.
"Franchisee"
means the person to whom a franchise is granted by the City Council pursuant to this chapter. Such franchise shall grant exclusive rights to provide service and solid waste management service for compensation.
"Infectious waste"
means biological waste, cultures and stocks, pathological wastes, and sharps, as defined in ORS 459.386 and 459.387.
"Person"
means the state or a public or private corporation, cooperative, local government unit, public agency, individual, partnership, association, firm, trust, estate, or any other legal entity.
"Placed for collection"
means solid waste or recyclable material that has been placed by the customer for service by a franchisee under the requirements contained in this chapter.
"Processing"
means an operation where collected, source separated, recyclable materials are sorted, graded, cleaned, densified, or otherwise prepared for end use markets.
"Recyclable material"
means any material or group of materials that can be collected and sold for recycling at a net cost equal to or less than the cost of collection and disposal of the same material.
"Resource recovery"
means the process of obtaining useful material or energy resources from solid waste and 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 presegregation or otherwise, materials which still have useful physical or chemical properties and can be reused or recycled for some purpose;
3. 
"Recycling,"
which means any process by which solid waste materials are transformed into new products in such a manner that the original products may lose their identity;
4. 
"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.
"Solid waste" and "waste" are interchangeable.
"Solid waste" means and includes all putrescible and nonputrescible waste, including but not limited to, garbage; compost; organic waste; yard debris; brush and branches; land clearing debris; sewer sludge; residential, commercial and industrial building demolition or construction waste; discarded residential, commercial, and industrial appliances, equipment and furniture; discarded, inoperable or abandoned vehicles or vehicle parts and vehicle tires; manure; feces; vegetable or animal solid and semisolid waste and dead animals; and infectious waste. "Waste" means useless, unwanted, or discarded materials. The fact that materials, which would otherwise come within the definition of solid waste, may, from time to time, have value and thus be utilized shall not remove them from the definition. The terms "solid waste" or "waste" do not include:
1. 
Environmentally hazardous wastes as defined in ORS 466.055;
2. 
Materials used for fertilizer or for other productive purposes on land in agricultural operations in the growing and harvesting of crops or the raising of fowl or animals;
3. 
Septic tank and cesspool pumping or chemical toilet waste;
4. 
Source separated, principal recyclable materials as defined in ORS 459A and the rules promulgated there under and under this chapter, which have been purchased or exchanged for fair market value, unless the City declares a site of uncollected principal recyclable materials to be public nuisance;
5. 
Applications of industrial sludges or industrial waste byproducts authorized through a land use compatibility statement or management plan approval and that have been applied to agricultural lands according to accepted agronomic practices or accepted method approved by the land use compatibility statement or management plan, but not to exceed 100 dry tons per acre annually; stabilized municipal sewage sludge applied for accepted beneficial uses on land in agricultural, nonagricultural, or silvicultural operations; sludge-derived products applied for beneficial uses on land in landscaping projects.
"Solid waste collection service" or "service"
means the collection, transportation, or disposal of or resource recovery from solid wastes.
"Solid waste management"
means the management of the accumulation, storage, collection, transfer, handling, compaction, transportation, treatment, processing and final disposal, or utilization of solid waste and waste or resource recovery from solid waste and facilities necessary or convenient to those activities. The franchisee may contract with another person to provide service of any type under the franchisee's service franchise, but the franchisee shall remain ultimately responsible for solid waste and waste management in the franchisee's franchised service area.
"Source separate"
means that the person who last uses recyclable material separates the recyclable material from solid waste.
"Special wastes"
shall have the meaning given to them in the METRO code as now referenced at METRO Code Section 5.02.015(s), or as hereafter amended, or as provided in the City's administrative rules. The collection of "special wastes" shall be controlled by this chapter and any rules adopted hereunder.
"Transfer station"
means a fixed or mobile facility normally used as an adjunct of a solid waste collection and disposal system or resource recovery station between a collection route and a disposal site.
"Unallowable expenses"
means any expenses not included in the definition of allowable expenses. Unallowable expenses shall include, but not be limited to:
1. 
Interest and amortization on the purchase of franchise routes or other routes or business opportunities;
2. 
Political and charitable contributions;
3. 
Federal, state, and local income taxes;
4. 
Loss on sale of assets;
5. 
Officer's life insurance premiums;
6. 
Director fees;
7. 
Interest on the purchase of equipment or facilities to the extent that the purchase price exceeds the fair market value of the asset at the time of purchase;
8. 
Penalties and fines.
"Waste"
means material that is no longer usable or wanted by the source of the material, which material is to be utilized or disposed by another person. For the purposes of this paragraph, "utilized" means the productive use of wastes through recycling, reuse, salvage, resource recovery, energy recovery, or landfilling for reclamation, habilitation, or rehabilitation of land.
"White goods"
means kitchen or other large appliances which are bulky wastes.
"Yard debris"
means and includes grass clippings, leaves, tree and shrub prunings of no greater than four inches in diameter, or similar yard and garden vegetation. Yard debris does not include such items as: dirt, sod, stumps, logs, tree and shrub prunings greater than four inches in diameter, rocks, plastic, animal waste or manure, cat litter, potting soil, prepared food wastes, or non-putrescible material.
(Ord. 1955 § 1, 2005; Ord. 1992 § 1, 2009; Ord. 2092 § 1, 2015)
A. 
The City Manager shall enforce the provisions of this chapter, and his or her agents, including Police Officers and employees of the Public Works Department, may enter any premises for the purpose of determining compliance with the provisions and terms of this chapter. Such entry shall be upon permission of the occupant or upon warrant.
B. 
In order for the franchisees to perform services under this chapter, it may be necessary for a franchisee to disclose to City or City may otherwise acquire, a franchisee's confidential business or technical information. The City may make an inspection for such purposes upon at least 24 hours' notice, during normal business hours, at an office of the franchisee. The City will receive and maintain in confidence all information and will prevent the disclosure of information to others except as required by law in connection with litigation. The City will not use information for any purpose other than in connection with the performance of services pursuant to this chapter.
The above shall not apply to any portion of information: (1) which was developed by the City and is in the City's possession prior to the City's first receipt thereof directly or indirectly from a franchisee; (2) which is now or hereafter becomes through no act or failure to act on the City's part generally available on a nonconfidential basis; (3) which was heretofore or hereafter furnished to a franchisee by others as a matter of right without restriction on disclosure; or (4) which is required by law to be publicly disclosed by the City. Information shall not be deemed to be within one of the foregoing exceptions if it is merely embraced by more general information available on a nonconfidential basis.
The City agrees that each of its employees, agents, and subcontractors who participate in the performance of services or who has access to information is obligated in a manner consistent with this section. The obligations of this section shall survive the termination of any request for services and the termination of this chapter.
(Ord. 1955 § 1, 2005; Ord. 2092 § 1, 2015)
A. 
Except as otherwise provided in this chapter, it is unlawful for any person other than the franchise holders under the provisions of this chapter, to provide or offer to provide solid waste management or collection service in the city for compensation.
B. 
Nothing in this franchise shall:
1. 
Prohibit a federal or state agency that collects, stores, transports, or disposes of waste, solid waste, or recyclable materials, or those who contract with such agencies to perform the service, but only insofar as the service is performed by or for the federal or state agency;
2. 
Prohibit any person in the city from hauling that person's own waste, solid waste, or recyclable materials in a lawful manner; provided, however, that no person will be permitted to haul such waste, solid waste, or recyclable material for any other person or firm. In the case of a residential dwelling unit (whether individually owned, nonowner occupied, or grouped through an association or cooperative of property owners) any waste generated or produced is owned by the individual owner or occupant and not by the landlord, property owner, cooperative, or association or property manager or agent of such person;
3. 
Prohibit a generator of source separated recyclable material from selling or exchanging such material to any person for fair market value for recycling or reuse;
4. 
Prohibit any person from transporting, disposing of, or resource recovering sewage sludge, septic pumpings, and cesspool pumpings;
5. 
Prohibit any person licensed as a motor vehicle wrecker under ORS 822.110 et seq., from collecting, transporting, disposing of, or utilizing motor vehicles or motor vehicle parts;
6. 
Prohibit any person transporting solid waste through the city that is not collected within the city;
7. 
Prohibit a contractor registered under ORS Chapter 701 from hauling waste created in connection with the demolition, construction, or remodeling of a building or structure or in connection with land clearing and development. Such waste shall be hauled in equipment owned by the contractor and operated by the contractor's employees;
8. 
Prohibit the collection, transportation, and reuse of repairable or cleanable discards by private charitable organizations regularly engaged in such business or activity including, without limitation, Salvation Army, Goodwill, St. Vincent De Paul, and similar organizations;
9. 
Prohibit a person from conducting an activity determined by the City Manager to be a civic, community, benevolent, or charitable program, providing that such activity does not include the collection of putrescible solid waste. The organization conducting such program shall comply with all applicable provisions of this chapter;
10. 
Prohibit a person from transporting or disposing of waste that is produced as an incidental part of the regular carrying on of the business but a person shall not provide collection service for any accumulated waste generated by a customer of that business;
11. 
Require franchisee to store, collect, transport, dispose of, or resource recover any hazardous waste as defined by or pursuant to ORS Chapter 466; provided, however, that franchisee may engage in a separate business of handling such wastes separate and apart from this franchise and chapter.
(Ord. 1955 § 1, 2005; Ord. 2092 § 1, 2015)
All businesses within the city shall comply with waste prevention, recycling, and composting requirements as set forth in this chapter and the regulations promulgated hereunder.
A. 
Businesses shall source separate all recyclable paper, cardboard, glass and plastic bottles and jars, and metal cans for reuse or recycling.
B. 
Businesses shall ensure the provision of recycling receptacles for internal and/or external maintenance or work areas where recyclable materials are collected, stored, or both.
C. 
Businesses shall post accurate signs that:
1. 
Describe the location where recyclable materials are collected, stored, or both;
2. 
Identify the materials the business must source separate for reuse or recycling; and
3. 
Provide recycling instructions.
D. 
Persons providing garbage collection service to business tenants as part of their rental/lease, shall provide recycling collection systems enabling the business tenants to recycle in compliance with this chapter and any regulations promulgated hereunder.
(Ord. 1992 § 2, 2009; Ord. 2092 § 1, 2015)
A. 
Under authority of the Milwaukie Municipal Code, the City Manager is authorized to adopt rules, procedures and forms to implement provisions of this chapter that regulate the collection and disposal of solid waste, recycling, and yard debris within the city.
B. 
Any rule adopted or revised according to the authority of the Milwaukie Municipal Code shall require a public review process. Not less than 10 nor more than 30 days before such public review process, notice shall be given by publication in a newspaper of general local circulation. Such notice shall include the place, time, and purpose of the public review process and the location at which copies of the full set of the proposed rules may be obtained.
C. 
During the public review, the City Manager or designee shall hear testimony or receive written comment concerning the proposed rules. The City Manager shall review the recommendations; taking into consideration the comments received during the public review process and shall either adopt the proposal, modify or reject it.
D. 
An interim rule may be adopted by the City Manager or designee without prior notice upon a finding that failure to act promptly will result in serious prejudice of the public interest of the affected parties, including the specific reasons for such prejudice. Any rule adopted pursuant to this subsection shall be effective for a period of not longer than 180 days.
(Ord. 1955 § 1, 2005; Ord. 2092 § 1, 2015)
A. 
Each franchisee shall comply with all state, federal, regional, and City laws, rules, and regulations relating to solid waste management service, as now or hereafter constituted.
B. 
Violation shall be an offense against the City; however, if a financial penalty is imposed by the state, federal or regional agency, the City will not impose an additional financial penalty. Notwithstanding, the City reserves the right to assess abatement or restitution costs when applicable.
C. 
Where enforcement action is not taken by any other agency, the City may exercise this authority in order to cure the violation.
(Ord. 1955 § 1, 2005; Ord. 2092 § 1, 2015)
A. 
Storage and collection of solid waste and recyclable materials shall not create vector production and sustenance, conditions for transmission of disease to man or animals, fire hazards, or hazards to service or disposal workers or to the public. All solid wastes placed for collection shall be stored by the customer in a can (metal or heavy-duty plastic), cart, metal container, or drop box, and such receptacles, other than drop boxes, must have tightfitting covers and hand or mechanical bales to facilitate pickup. Extra volumes of solid waste that are in addition to the subscribed service, may be in heavy plastic bags that are securely tied at the top and which will accommodate the weight and volume of waste contained in them so that they do not break open upon being collected. The cleanliness of the grounds surrounding the solid waste and recyclable materials storage area and of the receptacle for such materials shall be the responsibility of the customer. Solid waste containing putrescible materials shall be stored in closed containers.
B. 
Recyclable materials and yard debris shall be prepared by customers and placed at curbside for collection by a franchisee in accordance with rules and standards adopted under this chapter.
C. 
Customers shall provide a space for all cans, carts, containers, or drop boxes, whether used for garbage or recycling, that has adequate and safe access for collection personnel and equipment. The space provided must also comply with the City Development Code.
D. 
Placement of receptacles for collection by a franchisee and requirements pertaining to weight limitations, type, and quality, and contents of receptacles placed for collection by a franchisee shall be in accordance with rules and standards adopted under this chapter.
E. 
The temporary storage of solid waste is permitted without compliance with the requirements for solid waste disposal sites if the temporary storage is provided under safe and sanitary conditions. Temporary storage must comply with all relevant codes and chapters of the City.
(Ord. 1955 § 1, 2005; Ord. 2092 § 1, 2015)
A. 
Each franchisee shall make available, for subscription, all levels of solid waste collection service for which the City sets rates, to every customer in its franchised geographic area, subject to the limitations in Section 13.24.150 for refusal of service. Collection of bulky wastes shall be made by special arrangement between franchisee and a customer. Each franchisee shall provide each of their new customers with City-approved written information on all solid waste and recycling collection services that are available and the rates for these services. The franchisee shall not intentionally provide solid waste collection service to customers in another franchisee's geographic area within the Milwaukie city limits except by arrangement with another franchisee under a subcontract. Customers shall be given written notice of any changes in service.
B. 
Each franchisee shall use proper and suitable equipment for the hauling, removal, and transportation of solid waste. All equipment for transporting solid waste on public roadways within the city shall be covered and all equipment for handling the waste material shall be watertight and drip proof to the greatest extent practicable. All equipment shall be kept clean at all times and sufficient equipment shall be kept on hand to properly and adequately remove all solid waste, subject to the terms of this chapter, together with rules and standards adopted under this chapter.
C. 
Each franchisee shall make available solid waste management and collection service as defined in Section 13.24.020 of this chapter to customers in the city not less than once per week.
D. 
Each franchisee may subcontract with others to provide a portion of the solid waste collection service where the franchisee does not have the necessary equipment or service capability. Such a subcontract shall not relieve the franchisee of responsibility for providing and maintaining service and from compliance with this chapter. The franchisee shall provide written notice to the City of its intention to subcontract any portion of the solid waste collection service prior to entering into such agreement, and provide the City with a copy of the agreement, which shall require City approval prior to the agreement becoming effective, provided however that such approval shall not be unreasonably withheld. The subcontractor shall comply with all provisions of this chapter.
E. 
Each franchisee shall provide the opportunity to recycle in accordance with Chapter 459A of Oregon Revised Statutes, together with the rules and regulations promulgated thereunder by the EQC, DEQ, METRO and the City.
F. 
Each franchisee shall permit inspection by the City of the franchisee's facilities, equipment, and personnel at reasonable times.
G. 
Each franchisee shall comply with all laws relating to solid waste management service and shall not have a record of violations of law or chapters that would indicate an inability to satisfactorily perform the service being franchised.
H. 
Each franchisee shall submit a certificate of public liability insurance with a 30 day notice of cancellation clause, acceptable to the City, which will cover its business operation including each vehicle operated by the franchisee. This coverage shall include contractual liability insurance. Coverage will include two million dollars ($2,000,000.00) per occurrence and three million dollars ($3,000,000.00) general annual aggregate. The insurance shall name City as an additional insured and shall require written notice to City 30 days in advance of cancellation. If contractor hires a carrier to make delivery, contractor shall ensure that the carrier complies with this subsection. The insurance shall indemnify and save the City harmless against liability or damage which may arise or occur from an injury to persons or property as a result of the franchisee's operation of the solid waste business.
I. 
Each franchisee shall comply with the hours of collection which may be set by rules and regulations under this chapter.
J. 
Each franchisee shall provide staff, equipment, transportation, and disposal for waste collected at one annual collection event in the city. Expenses from this event shall be reported in annual financial reports as allowable expenses for services provided within the city.
(Ord. 1955 § 1, 2005; Ord. 2092 § 1, 2015)
A. 
No person shall do business in the collection and transport of solid waste generated within the city without a current, valid City franchise. An additional franchise to provide collection service for solid waste, recyclable materials, and yard debris in a solid waste franchised service area (as described in Section 12.24.120) of the city shall be granted only after a determination of need for the service. The determination of need is the responsibility of the City Council, which will seek the best balance of the following objectives:
1. 
To insure safe, efficient, economical, and comprehensive solid waste service;
2. 
To avoid duplication of service that will cause inefficiency, excessive use of fuel, increased traffic, and greater wear on streets;
3. 
To provide service in areas of marginal return;
4. 
To promote and encourage recycling and resource recovery;
5. 
To improve the likelihood of the franchise holder making a reasonable profit and thereby encourage investment in modern equipment;
6. 
To cooperate with other governmental bodies by recognizing their service arrangements; and
7. 
To otherwise provide for the service in a manner appropriate to the public interest.
B. 
In granting a franchise renewal or a new franchise due to an annexation by the City or termination or revocation of a franchise, the Council shall, in addition to the above, consider the following factors in selecting a new or replacement franchisee:
1. 
The candidate's prior service record in the same or a related industry and its professional relationships with other corporate entities and local, regional, and/or state jurisdictions;
2. 
The candidate's financial ability to perform the obligations of a franchise holder;
3. 
The candidate's equipment and personnel available to meet current and future needs of a franchise holder;
4. 
The candidate's ability to provide all services to customers within the geographic boundaries of the designated franchise area, including every residential, multifamily, and commercial customer;
5. 
The candidate's exercise of the burden of proof demonstrating a proposed franchise area is being or has been underserved by the existing or previous franchise holder; and
6. 
The candidate's good moral character as is relevant to a franchised provider's customer relations, namely any unpaid judgments against the applicant (whether doing business under the same or another name) and any judgments for civil fraud or for a crime of dishonesty.
C. 
Franchises granted by the City shall be nonexclusive, however it is understood that during the term of franchises granted under this chapter, the City shall not grant any other person a franchise for solid waste management unless there is a showing by the applicant of the need for such additional service in the proposed service area. As to such application(s), the Council may consider whether a current franchisee is capable of providing the additional service. In evaluating whether a need exists for additional service, the City Council may consider, among any other criteria deemed relevant by the City Council, the following items:
1. 
An increase in the population of the city;
2. 
An extension of the boundaries of the city;
3. 
Intensive residential, commercial, or industrial development within the boundaries of the city;
4. 
Changes in solid waste technology and/or recycling collection technology that could substantially improve collection service or reduce collection costs to residents of the city;
5. 
The effect that an additional franchise would have on each existing franchisee's ability to meet the City's service standards and maintain a fair return on its investment;
6. 
The number of existing collection franchisees or drop box service franchisees, as applicable, providing service in the area of the city in which the applicant wishes to provide service; and
7. 
Changes in federal or state laws, rules or regulations that substantially affect solid waste or recycling collection requirements.
(Ord. 1955 § 1, 2005; Ord. 2092 § 1, 2015)
A. 
A franchise to provide collection service for solid waste, recyclable materials, and yard debris in a portion of the city shall be granted for a period of 10 years, beginning March 5, 2015.
B. 
Unless grounds exist for suspension, modification, or revocation of a franchise under Section 13.24.140 of this chapter, each franchise shall be considered as a continuing 10 year term. Beginning 1 January of each year, each franchise will be considered renewed for an additional 10 year term, unless at least 30 days prior to 1 January of any year the City notifies all the franchisees of the intent to terminate the continuing franchise system. Upon the giving of such notice, the franchisees will each have a franchise which will terminate on 1 January, 10 years from the date of the last renewal prior to the notice of termination.
C. 
At least every five years thereafter, the City Manager or designee shall report to the Council a comprehensive review of the rates, customer service, franchise performance and overall state of the franchise system to determine if the system is achieving waste reduction, increased recycling, cost effective collection services and providing a high level of service to residents and businesses.
1. 
Upon consideration of this system status report, as noted in subsection B, the Council may elect to continue or terminate the continuing franchise system. If Council elects to terminate the continuing franchise system, all franchises will expire 10 years after the last renewal, as provided in subsection B.
2. 
Any such election to continue or terminate the continuing franchise system shall only be made after notice to all interested parties and public hearing.
3. 
The City shall review franchises annually to evaluate rates.
D. 
The City may initiate proceedings to terminate the continuing franchise system at any time, whether or not a five year review is being conducted.
E. 
A decision by Council to terminate the continuing franchise system shall in no way affect the franchisee's obligations under the existing franchise agreement.
F. 
Nothing in this section restricts the Council from suspending, modifying, or revoking a franchise for cause pursuant to Section 13.24.140 of this chapter.
G. 
A franchisee who desires to terminate its rights and obligations under a franchise, shall give not less than 90 days' notice of its intent. Upon receipt of such notice the Council shall initiate proceedings to consider applications by any other person for a franchise to serve the same area.
(Ord. 1955 § 1, 2005; Ord. 2092 § 1, 2015)
A. 
Prior to the end of a franchise term, notice that the City intends to solicit applications for solid waste franchises shall be published in a newspaper of general circulation within the city. Notice shall also be sent to all holders of Milwaukie solid waste franchises. The City Manager or designee may keep a list of interested persons who will also be provided notice.
B. 
The City Manager shall establish forms and deadlines.
(Ord. 1955 § 1, 2005; Ord. 2092 § 1, 2015)
A City solid waste franchise service area shall include single unit residential customers and any multifamily residential, commercial, and industrial customers within that service area. The service areas shall be determined by Council resolution. The franchise areas and the franchisees serving such areas shall be indicated on a map entitled "Solid Waste Franchise Service Areas of the City of Milwaukie" (the "map"). A copy of the map shall be dated with the effective date of the Council resolution and maintained in the office of the City Manager.
Amendments to the map may be made by Council resolution, and copies of amendments shall be kept on file by the City Recorder.
(Ord. 1955 § 1, 2005; Ord. 2092 § 1, 2015)
A. 
An assignment or transfer of a franchise shall include, but not be limited to:
1. 
A sale, exchange, or other transfer of 50% or more of franchisee's assets dedicated to service in the city;
2. 
A sale, exchange, or other transfer of 50% or more of the outstanding common stock of a franchisee;
3. 
Any reorganization, consolidation, merger, recapitalization, voting trust, pooling agreement, escrow arrangement, liquidation, or other transaction to which franchisee or any of its shareholders is a party which results in a change of ownership or control of 50% or more of the value or voting rights in the stock of the franchisee; and
4. 
Any combination of the foregoing that has the effect of a transfer or change of ownership and control.
B. 
The franchisee shall provide no less than 60 days' advance written notice to the City of any proposed transfer or assignment. Except as specifically authorized by the City, the franchisee shall not assign any of its rights or delegate or otherwise transfer any of its obligations to any other person without the prior consent of the City Council. Any such assignment without the consent of City Council shall be void and any such attempted assignment shall constitute default and grounds for termination of the franchise.
C. 
If a franchisee requests the City's consent to transfer the franchise, the City shall act on such request within 60 days of the receipt of the franchisee's written request together with all information, as set forth below, required for the City's action on the request. The City shall not unreasonably refuse to consent to an assignment of the franchise to a proposed assignee that has sufficient knowledge, experience, and financial resources so as to be able to meet, to the satisfaction of the City Council, in its sole discretion, all obligations of the franchisee hereunder. An application to the City to consider a sale or other transfer of a franchise shall include the following:
1. 
A nonrefundable application fee of $2,000 payable at the time of application to the City in advance to defray the City's anticipated expenses and costs resulting from the franchisee's request;
2. 
Financial statements audited or reviewed by a certified public accountant of the proposed assignee's operations for the three immediately preceding operating years together with any additional evidence of financial ability to perform its franchise obligations; and
3. 
A showing that the proposed assignee meets all City criteria for the grant of a franchise as are set out in Section 13.24.090 of this chapter.
(Ord. 1955 § 1, 2005; Ord. 2092 § 1, 2015)
A. 
The City Council may suspend, modify, or revoke the contract of a franchisee upon finding that the holder thereof has violated this chapter or ORS Chapter 459 or Chapter 459A, or any rule or regulation promulgated thereunder.
B. 
When the City receives information indicating a violation of this chapter, a written notice of such violation shall be provided to the franchisee. Such notice shall provide a description of the alleged violation, and shall provide a reasonable opportunity to correct the violation.
C. 
Upon receipt of the written notice, referred to in subsection B of this section, the franchisee shall have 30 days from the date of mailing of the notice in which to comply or to request a public hearing before the City Council. A request for a public hearing before the City Council shall be made in writing and in the event a public hearing is held, the franchisee and other interested persons shall have a reasonable opportunity to present information and testimony in oral or written form.
D. 
The Council shall adopt findings of fact and conclusions which will support or deny the alleged violation. The Council may, on the basis of such findings, suspend, modify, or revoke the franchise of said franchisee or condition such action upon continued compliance with this code. The franchisee shall comply with the time specified in the notice or with the order of the City Council.
(Ord. 1955 § 1, 2005; Ord. 2092 § 1, 2015)
Each franchisee agrees, as a condition of their franchise, that whenever the City Council finds that the failure of service or threatened failure of service would result in creation of an immediate and serious health hazard or serious public nuisance, the City Council may, after a minimum of 24 hours' actual notice to the franchisee and a public hearing if the franchisee requests it, provide or authorize another person to temporarily provide the service or to use and operate the land, facilities, and equipment of the franchisee to provide emergency service. If a public hearing is requested by the franchisee, it may be held immediately by the City Council after compliance with the minimum notice requirements for such meetings established by the Oregon Public Meetings Law. The City Council shall return any seized property and business upon abatement of the actual or threatened interruption of service, and after payment to the City for any net cost incurred in the operation of the solid waste service.
(Ord. 1955 § 1, 2005; Ord. 2092 § 1, 2015)
A. 
The City Council shall review and set rates on an annual basis by Council resolution that considers the following goals:
1. 
Rates shall be established to the greatest extent practicable on a cost of service basis.
2. 
Rates shall be adequate to provide an expected operating margin for the subsequent rate year equal to 10% of composite city-wide gross revenues; however, the City shall not be required to change rates if the expected operating margin in the current year falls between 8% and 12% of gross revenues. The 10% target, and the 8% to 12% range of return on gross revenues is considered sufficient to reflect the level of business risk assumed by the franchisee, to allow investment in equipment, and to ensure quality collection service.
B. 
Accordingly, the City shall have the authority to commission audits, reviews, or analyses of franchisee annual reports to validate hauler submissions. The expected operating margin for the subsequent rate year shall incorporate projected and expected inflation factors, and the effect of known or expected increases or decreases in expenses or revenues prepared on a composite basis.
C. 
The rates charged by franchisees shall conform to the most current Council rate resolution. Prior to implementation, the Council must approve any interim rate for services not included in the current resolution.
D. 
If the franchisees for the majority of the franchise areas within the city notify the City Manager in writing that they believe a material change outside the franchisees' control has occurred, and the change will have an adverse effect on operating margins, such that current year operating margins will be less than 7%, a material change will be deemed to have occurred. At that time, the City may undertake any type of review it finds necessary to validate the existence of the material change and estimate its effect on the operating margin. If the results of the review are such that no rate adjustment is warranted, persons requesting the review shall reimburse the City for reasonable costs incurred during the investigation at the time the next payment of franchise fees is due.
E. 
If the City believes that a material change has occurred that will result in a current year operating margins falling under 8% or over 12%, the City may undertake a supplementary rate review at its own expense.
F. 
A change in tipping fee at disposal facilities will be evaluated by the City to determine the effect upon rates and services.
(Ord. 1955 § 1, 2005; Ord. 2092 § 1, 2015)
A. 
For the privilege of using the City's streets and other facilities and for the purpose of defraying the City's regulatory expenses, each franchisee shall pay a franchise fee to the City equal to 5% of cash receipts on residential service, commercial and drop box service, net of material sales revenue. For drop box service, disposal costs will be considered a pass-through cost. The franchise fee shall be computed and collected on a calendar quarterly basis. The fee shall be paid by the franchisee not later than the last day of the month immediately following the end of the quarter. A franchise fee payment shall become delinquent if not paid by the last day of the month immediately following the end of the quarter. A simple interest charge of 9% shall be charged against the entire delinquent balance until the balance is paid.
B. 
At the time of payment of the quarterly fee, each franchisee shall file with the City Manager a statement of quarterly cash receipts for the period covered by the tendered fee. Such statements shall be public records. Each franchisee shall maintain books and records disclosing the cash receipts derived from business conducted within the city, which shall be open at reasonable times for audit by the City Manager or designee. The City may require a uniform system of bookkeeping and record keeping to be used by all franchisees.
C. 
Material misrepresentation of cash receipts by a franchisee constitutes cause for revocation of the franchise.
D. 
The franchise fee imposed by this section is in addition to and not in lieu of any other fee, charge, or tax imposed by the City. The obligation to pay franchise fees on cash receipts generated from services performed under a City franchise shall survive termination of the franchise no matter how terminated.
E. 
The City Council by resolution may change the amount and computation of franchise fees from time to time. The Council, by resolution, may reallocate the franchise fee percentages for different customer groups, such as residential or commercial, if such a reallocation mitigates a cost of service disparity that is not fully corrected through the rate setting process. In order to do so, the City Manager must be able to demonstrate that the composite rate of return among the franchisees is improved. Such a reallocation may not materially reduce the amount of total franchise fee revenue obtained by the City.
(Ord. 1955 § 1, 2005; Ord. 2092 § 1, 2015)
A. 
Rules and regulations pertaining to billing sequences may be adopted pursuant to this chapter. Solid waste management service may be discontinued by any franchisee when payment for such service is delinquent for a period of 30 days, and after giving 10 days' written notice of delinquency to the occupant of the premises. The franchisee shall not be required to resume service until the delinquency is paid and until a deposit equal to two months' service is paid in advance.
B. 
No franchisee shall terminate service to any or all of its customers except in accordance with the provisions of this chapter. Service may be interrupted or terminated when:
1. 
The street or road access is unavoidably blocked through no fault of the franchisee or if there is no reasonable alternative route or routes to serve all or a portion of its customers; but in either event, the City shall not be liable for any such blocking of access; or
2. 
Adverse weather conditions render providing service unduly hazardous to persons or equipment providing such service or if such interruption or termination is caused by an "act of God" or a public enemy.
C. 
A franchisee shall have the right to establish, by agreement with individual customers in the city, the time or times when solid waste shall be gathered and collected, but such agreement shall not conflict with any rules adopted by the City.
(Ord. 1955 § 1, 2005; Ord. 2092 § 1, 2015)
A. 
Without the consent of the owner or lessee, it is unlawful for any person to dispose of, place or deposit any waste, solid waste, or recyclable materials in a container, drop box, or other receptacle owned or leased by another person.
B. 
No unauthorized person shall take or remove any solid waste or recyclable materials placed for collection by a franchisee.
C. 
No person shall provide nor offer to provide solid waste management service in the city unless they are exempted under Section 13.24.040 of this chapter or unless they are a franchisee under this chapter.
D. 
No person shall violate any other provisions of this chapter or rules and regulations promulgated thereunder.
E. 
These violations shall be subject to the penalties set forth in Section 13.24.210 of this chapter.
(Ord. 1955 § 1, 2005; Ord. 2092 § 1, 2015)
A. 
Any person deemed to be in violation of any of the provisions of this chapter shall be charged with a civil infraction and cited into Municipal Court using the civil infraction procedures of Title I of the Milwaukie Municipal Code.
B. 
Any person violating any of the provisions of this chapter shall be deemed guilty of a civil infraction, and upon conviction thereof, shall be fined according to rules established under Section 1.12.010 of this code. Any nonfranchised person engaging in any of the activities franchised under this chapter for compensation shall in addition be guilty of a civil infraction for each incident or day, whichever is greater, of the violation of the chapter and subject to an additional fine not exceeding $500.
(Ord. 1955 § 1, 2005; Ord. 2092 § 1, 2015)
All covered businesses in the City that fall within the Metro District boundary and Clackamas County shall comply with this chapter and regulations promulgated hereunder. A business, for the purposes of this chapter, is a business that cooks, assembles, processes, serves, or sells food or does so as service providers for other enterprises and generates more than 250 pounds per week of food waste.
A. 
Purpose and Intent. The purpose and intent of this chapter is to:
1. 
Source separate food waste and prevent that waste from entering the solid waste system; and
2. 
Comply with applicable provisions of Metro's Solid Waste Administrative Rules and Clackamas County's Solid Waste Management Ordinances.
B. 
Definitions
"Business"
means organizations that cook, assemble, process, serve, or sell food or do so as service providers for other enterprises.
"City staff, or designee"
means duly appointed representatives of the City of Milwaukie.
"Exempt"
means liquids or large amounts of oils and meats that are collected for rendering, fuel production or other non-disposal applications, or any food fit for human consumption that has been set aside, stored properly and is accepted for donation by a charitable organization and any food collected to feed animals in compliance with applicable regulations.
"Food waste"
means waste generated from the distribution, storage, preparation, cooking, handling, selling, or serving of food for human consumption. Food waste includes, but is not limited to, excess, spoiled, or unusable food and includes inedible parts commonly associated with food preparation such as pits, shells, bones, rinds, and peels. Food waste does not include liquids or large amounts of oils and meats that are collected for rendering, fuel production, or other non-disposal applications, or any food fit for human consumption that has been set aside, stored properly, and is accepted for donation by a charitable organization or any food collected to feed animals in compliance with applicable regulations.
C. 
Applicability
1. 
This chapter applies to all businesses.
2. 
Businesses subject to the business food waste requirement include, without limitation, cafeterias and buffets, caterers, correctional facilities, food product manufacturing, food service contractors, full service restaurants, grocery retail, grocery wholesaler, limited service restaurants, specialty food markets, warehouse clubs: and those businesses with full-service restaurants or on-site food preparation or service, colleges and universities, drinking places, bars, taverns, elementary and secondary schools, hospitals, hotels, nursing and residential care, retirement and assisted living.
3. 
Only those with full-service restaurant or on-site food preparation or services are subject to this requirement.
D. 
Business Food Waste Requirements
1. 
Businesses must collect food waste that is controlled by the business, agents, and employees. This requirement does not apply to food wastes controlled by customers or the public. At its discretion, a business may also collect food waste from customers or the public but must ensure that food wastes are free of non-food waste items. K-12 schools may also include student-generated food waste from school cafeteria meals but must ensure that food wastes are free of non-food items.
2. 
Businesses must have correctly-labeled and easily-identifiable receptacles for internal maintenance or work areas where food waste may be collected, stored, or both.
3. 
Businesses must post accurate signs where food waste is collected and stored that identify the materials that the covered business must source separate.
4. 
All businesses must comply with this section by September 30, 2023.
a. 
Businesses that are not schools generating greater than 1,000 pounds of food per week must comply with this section by March 31, 2021.
b. 
Businesses that are not schools generating greater than 500 pounds of food waste per week must comply with this section by September 30, 2022.
5. 
Persons and entities that own, manage, or operate premises with business tenants subject to this chapter, and that provide garbage collection service to those business tenants shall provide food waste collection systems adequate to enable those business tenants to comply with the requirements of paragraphs 1, 2, 3, and 4 of this subsection D.
6. 
A business may seek a temporary compliance waiver issued by Clackamas County, subject to the following conditions:
a. 
The temporary compliance waiver will not exceed 12 months; and
b. 
The business provides access to City staff, or designee, for a site visit to demonstrate that the covered business cannot comply with this section; and
c. 
City staff, or designee, approves a temporary compliance waiver under this section; and
d. 
City staff, or designee, performs periodic site visits to ensure the conditions allowing a temporary compliance waiver under this section are still in place and cannot be remedied; and
e. 
City staff, or designee, may determine a renewal of the temporary compliance waiver is warranted.
7. 
A business that does not comply with paragraphs 1 through 6 of this subsection:
a. 
May receive a written notice of noncompliance from the City or designee. The notice of noncompliance will:
i. 
Describe the violation; and
ii. 
Provide the business an opportunity to cure the violation within a specified time period; and
iii. 
Offer assistance with compliance.
b. 
A business failing to cure a violation within the time specified in the notice of noncompliance may receive a written citation that will:
i. 
Provide an additional opportunity to cure the violation; and
ii. 
Notify the business that it may be subject to a fine.
c. 
A business that does not cure a violation within the time specified in the citation may be subject to a fine.
(Ord. 2173 § 1, 2019)