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:
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.
means the City of Milwaukie, Clackamas County, Oregon.
means the City Council of Milwaukie, Oregon.
In addition, for the purpose of this chapter, the following
definitions shall be applicable:
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.
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.
means the State of Oregon Environmental Quality Commission
(EQC).
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.
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.
means the State of Oregon Department of Environmental Quality
(DEQ).
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.
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.
means biological waste, cultures and stocks, pathological
wastes, and sharps, as defined in ORS 459.386 and 459.387.
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.
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.
means an operation where collected, source separated, recyclable
materials are sorted, graded, cleaned, densified, or otherwise prepared
for end use markets.
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.
means the process of obtaining useful material or energy
resources from solid waste and includes:
"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;
"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;
"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;
"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" 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:
Environmentally hazardous wastes as defined in ORS 466.055;
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;
Septic tank and cesspool pumping or chemical toilet waste;
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;
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.
means the collection, transportation, or disposal of or resource
recovery from solid wastes.
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.
means that the person who last uses recyclable material separates
the recyclable material from solid waste.
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.
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.
means any expenses not included in the definition of allowable
expenses. Unallowable expenses shall include, but not be limited to:
Interest and amortization on the purchase of franchise routes
or other routes or business opportunities;
Political and charitable contributions;
Federal, state, and local income taxes;
Loss on sale of assets;
Officer's life insurance premiums;
Director fees;
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;
Penalties and fines.
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.
means kitchen or other large appliances which are bulky wastes.
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.
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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.
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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.
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(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.
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
(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)
If property is annexed by the City, the City and the franchisee
shall comply with ORS 459.085(3).
(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.
(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.
B.
"Business"
"City staff, or designee"
"Exempt"
"Food waste"
Definitions
means organizations that cook, assemble, process, serve,
or sell food or do so as service providers for other enterprises.
means duly appointed representatives of the City of Milwaukie.
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.
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.
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.
(Ord. 2173 § 1, 2019)
