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2600 Effective: Deca:nb3r 12,2012 ORDINANCE NO. 2600 A SPECIAL ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO RELATING TO THE ENVIRONMENT, HEALTH AND SANITATION OF THE CITY OF LAKE OSWEGO; PROVIDING FOR THE ESTABLISHMENT, MAINTENANCE AND OPERATION OF A SYSTEM OF SOLID WASTE AND RECYCLING SERVICES; AWARDING AN EXCLUSIVE FRANCHISE FOR SOLID WASTE COLLECTION SERVICES TO ROSSMAN SANITARY SERVICE INC., DOING BUSINESS AS ALLIED WASTE OF LAKE OSWEGO; PROVIDING FOR THE ADOPTION OF ADMINISTRATIVE RULES; AND PROVIDING PENALTIES. The City of Lake Oswego ordains as follows: Section 1. Short Title. This ordinance shall be known as the "Solid Waste Collection Services Ordinance," and may also be cited and pleaded and shall be cited herein as the "Ordinance." Section 2. Purpose, Policy, and Scope. It is declared to be the public policy of the City of Lake Oswego to regulate solid waste collection to: A. Protect the health, safety and welfare of the citizens of Lake Oswego; B. Ensure safe, economical and comprehensive solid waste service; C. Ensure rates that are just and reasonable and adequate to provide necessary public service; D. Prohibit rate preferences and any other practice that might be discriminatory; and E. Provide for technologically and economically feasible recycling and resource recovery by and through the Franchisee. Section 3. Definitions A. City. City of Lake Oswego. B. Collection Franchise. A franchise, certificate, contract or license issued by the City authorizing a person to provide collection service for use of City streets. C. Commercial. Stores, offices including manufacturing and industry offices, restaurants, warehouses, schools, colleges, universities, hospitals and other nonmanufacturing entities. "Commercial" does not include other manufacturing activities or business, manufacturing or processing activities in residential dwellings. D. Compensation. Includes: (1) Any type of consideration paid for service including but not limited to, rent, the proceeds from resource recovery, and any direct or indirect provision for Ordinance No. 2600 Page 1 of 12 S ` payment of money, goods, services, or benefits by tenants, lessees, members, occupants or similar persons; (2) The exchange of service between persons; and (3) The flow of consideration from the person owning or possessing the solid waste to the person providing service or from the person providing service to the person owning, possessing or generating the same. E. Council. The City Council of the City of Lake Oswego. F. Curbside. A location within three (3)feet of the edge of a public street, excluding such area separated from the street by a fence or enclosure. The "street" may also be a public alley. For residences on a flag lot, or other private driveway, or any private street not meeting the standards, "curbside" shall be the point where the driveway or street intersects the public street, or at such other location agreed upon between Franchisee and customer or as determined by the City. G. Franchisee. The person granted the franchise by Section 4 of this Ordinance or a subcontractor to such person. H. Hazardous Waste. "Hazardous Waste" as defined in ORS 466.005. I. Household Hazardous Waste. Any discarded, useless or unwanted chemical, material, substance or product that is or may be hazardous or toxic to the public or the environment and is commonly used in or around households. "Household Hazardous Waste" includes, but is not limited to, some cleaners, solvents, pesticides, and automotive and paint products. J. Infectious Waste. "Infectious waste" as defined in ORS 459.386(4). K. Materials Management. An approach to reduce environmental impacts by managing materials through all stages of their life. Materials management identifies impacts and actions across the full cycle of materials and products as they move through the economy—from raw material extraction to product design and manufacture,transport, consumption, use, reuse, recycling, and disposal. L. Multifamily. Any multi-dwelling building or group of buildings that contains five or more dwellings on a single tax lot. M. Organic Material. Materials which can be biologically synthesized by plants or animals from simpler substances, are no longer suited for their intended purpose and are readily broken down by biological processes into soil constituents. "Organic Material" includes, but is not limited to food waste, yard debris, paper and putrescible material which are generally a source of food for bacteria. N. Person. An individual, partnership, association, cooperative, corporation,trust, firm, estate or other private legal entity. Ordinance No.2600 Page 2 of 12 O. Processing. An operation where collected, source separated, recyclable materials are sorted, graded, cleaned, identified or otherwise prepared for end use markets. P. Rates. The amounts of compensation paid for various levels of solid waste and recycling services. Q. Recyclable Materials. 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, or other materials as may be designated by the City. R. Recycling. Includes the collection,transportation, storage and processing of waste materials by which such materials are (1)transformed into raw materials for the manufacture of new products and (2) in the case of source separated wood and various waste papers that have no material use, for use as fuel. S. Residential. A single family dwelling or multiple family dwelling with up to and including four dwelling units. T. Resource Recovery. The process of obtaining useful material or energy resources from solid waste, including but not limited to materials recovery, recycling or reuse of solid waste, composting, and energy recovery. U. Solid Waste. Shall have the meaning given in ORS 459.005(24). "Solid Waste" also includes but is not limited to garbage, rubbish, refuse, ashes; commercial, industrial, demolition and construction wastes; discarded home and industrial appliances; manure, vegetable or animal solid and semisolid wastes, dead animals, Infectious Waste as defined in ORS 459.386(4), Special Wastes and other Wastes. Notwithstanding the foregoing, "Solid Waste" does not include: (1) Discarded or abandoned vehicles. (2) Recyclable materials which are source separated and set out for recycling purposes. (3) Hazardous wastes as defined in ORS 466.005. (4) Materials used for fertilizer or for other productive purposes or which are salvageable as such materials are used on land in agricultural operations and the growing or harvesting of crops and the raising of animals. (5) Sewage, sewage sludge, sewage hauled as an incidental part of septic tank or cesspool cleaning service. U. Solid Waste Collection Service or Service. Collection of Solid Waste and Recyclables, and the transportation, storage, and disposal or resource recovery thereof to an approved disposal facility or facility accepting recyclables, as required by City regulations, and Administrative Rules. V. Solid Waste Management.The prevention or reduction of solid waste generation; management of the storage, collection, transportation, treatment, utilization, Ordinance No.2600 Page 3 of 12 processing and final disposal of solid waste; or resource recovery from solid waste; and facilities necessary or convenient to such activities. W. Source Separate. The removal of recyclable materials from solid waste by the generator of the solid waste. X. Special Waste. As currently defined in Metro Code Section 5.01.010 (ww), or as hereafter amended. The collection of"Special Wastes" shall be controlled by this Ordinance and any rules adopted hereunder. Y. Sustainability Advisory Board. The standing City advisory board established under Lake Oswego Code Section 12.51.070 with a mission to promote the sustainability of the community as a whole, considering public and private actors and their effects on ecological, economic, and community systems. Z. Waste. Material that is no longer usable or wanted by the source generator of the material,which 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, composting, energy recovery or landfilling for reclamation, habilitation or rehabilitation of land. AA. Yard Debris. This includes grass clippings, leaves, prunings of no greater than 4 inches in diameter and 36 inches in length and other similar vegetative waste generated from landscaping activities, but does not include sod, stumps or similar bulky wood materials, rocks or dirt. Section 4. Exclusive Franchise and Exceptions. A. There is hereby granted to Rossman Sanitary Service, Inc., doing business as Allied Waste of Lake Oswego, the exclusive right, privilege and franchise to provide solid waste collection service to any person within the corporate limits of the City or areas later annexed thereto, subject to any other valid franchise rights held by other parties within the annexed areas. For that purpose, the Franchise shall have the exclusive right to use the streets of the City. No other person shall provide solid waste collection service for compensation or offer to provide or advertise for the performance of such service to any owner, tenant, lessee or occupied of any real property in the City. B. Nothing in this ordinance shall: 1. Prohibit any person from engaging in the collection of source-separated materials for resource recovery for the purpose of raising funds for a charitable, civic or benevolent activity, after notice to the Franchisee and permission from the City. 2. Prohibit any person from transporting solid waste produced by said person to a disposal site or resource recovery facility. The solid waste produced by a tenant, Ordinance No. 2600 Page 4 of 12 licensee, occupant or person other than the owner of the premises is produced by such person and not by the landlord or property owner. 3. Prohibit any person from contracting with the state or federal agency to provide service to such agency under a written contract with such agency. 4. Prohibit any person transporting solid waste through the City that is not collected within the City. 5. 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. 6. Prohibit a person from transporting or disposing of waste that is produced as an incidental part of the regular carrying on of the business of janitorial, landscaping or rendering service. But a person shall not provide collection service for any accumulated or stored waste generated by a customer. 7. 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. 8. Be construed as in any way preventing the City from conducting an annual clean- up campaign for the collection of yard debris, other recyclable materials or solid waste, from the residences in the City, or in any other way providing for the beauty of the City and the safety and convenience of its citizens. C. Solid waste placed out for collection, whether or not source separated, belongs to the Franchisee when so placed or, where placed out for collection by an alternate collector pursuant to the exceptions listed in Section 4(B), belongs to the alternate collector. Section 5. Franchise Term. The rights, privileges and franchise herein granted shall continue for the Franchisee for the period of ten (10) years, starting December 13, 2012, unless sooner terminated in accordance with the provisions herein. Section 6. Franchise Fee. A. The Franchisee will pay to the City a franchise fee of 5% of gross cash receipts resulting from the solid waste and recycling services conducted by the Franchisee and its Subcontractors. Such fees shall be computed on a quarterly basis and paid within 30 days following the end of each quarter calendar year period. B. The Franchisee will provide solid waste collection services to all Lake Oswego School District owned or operated facilities at a discount of 50%from the regular rate Ordinance No. 2600 Page 5 of 12 structure. This discount is based on the current level of service provided by the franchisee to the Lake Oswego School District. An increase in that level of service will be billed at the regular rate to the School District. C. In the event that the Franchisee agrees to a higher franchise fee with any other jurisdiction from which Franchisee holds a Solid Waste Services Franchise, Franchisee shall offer to the City the same franchise fee under the same terms and conditions. D. At the City's request, Franchisee will provide, deliver and remove drop boxes, of the sizes within Franchisee's inventory specified by the City, to locations specified by the City, not less than fifteen times per year, to assist with City clean-up efforts. E. Franchisee will complete education requirements of section 3.1.25 of the Administrative Rules (Exhibit B) and provide written report annually to the City. Section 7. Franchise Responsibility. The Franchisee shall: (1) Dispose of solid wastes collected at a site approved by the governmental agency having jurisdiction of the dispose of solid waste (currently, Metro), or recover resources from the solid wastes, both in compliance with Chapters 459 and 459A, Oregon Revised Statutes, and regulations promulgated thereunder. (2) Provide sufficient collection vehicles, containers, facilities, personnel and finances to provide all types of necessary service. (3) Respond in writing to any written complaint on service. (4) Provide the opportunity to recycle in accordance with the provisions of ORS Chapters 459 and 459A. In addition,the Franchisee shall comply with any and all rules and regulations adopted by the Department of Environmental Quality, Metro, the City, and other governmental agencies having proper jurisdiction. If, during the term of this franchise,the City determines that new or additional recycling or environmental enhancement opportunities have arisen that are readily available at a reasonable cost, the Franchisee shall negotiate in good faith toward an amendment of the franchise requiring that such opportunities be provided to customers. (5) Permit inspection by the City of said Franchisee's facilities, equipment and personnel at reasonable times. (6) Prior to the commencement of the Franchise, maintain in full force and effect for the term of this franchise at the Franchisee's expense, a comprehensive general and vehicle liability insurance policy for the protection of the Franchisee and the City, its officers, boards, commissions and employees. This policy shall be issued by a company authorized to do business in the State of Oregon, protecting the Ordinance No. 2600 Page 6 of 12 f ' Franchisee or subcontractor or anyone directly or indirectly employed by either of them against liability for the loss or damage of personal and bodily injury, contractual liability, death and property damage, and any other losses or damages above mentioned in the combined single limit of$3,000,000.00 or the limit of public body liability contained in ORS 30.260 to 30.300, whichever is greater. The insurance company shall provide the City with an endorsement thereto naming the City, its officers, agents and employees as additional insureds, providing that no acts on the part of the insured shall affect the coverage afforded to the above policy, and providing the City will receive 30 days written notice of cancellation or material modification of the insurance contract. (7) Give written notification to all new residential and commercial customers about service level options, rates, including an explanation of extra charges, the recyclable materials collected, the schedule of collection, instructions for proper preparation of materials for collection and the reasons that persons should separate their materials for recycling. (8) Participate in or conduct studies or evaluations for programs and service needs, as proposed by the City, which may include participating in the development of a materials management plan. (9) Submit financial information as required by the City. (10) Submit annual reports to the City, in a format approved by the City, which includes tonnage of solid waste, organic material, and recyclables collected from customers, as well as number of customers serviced by each different service level. All subcontractors are also responsible for submitting these reports. (11) Attend Sustainability Advisory Board meetings, no less than twice per year, to present reports and discuss solid waste and recycling activities, and to participate in conversations about achieving sustainability goals through the solid waste and recycling franchise. Section 8. Mid-term Performance Review and Renewal. A. During the five (5) month period beginning with the fifty-fifth (55) month from the effective date of this franchise, the City Council may, at its discretion, initiate a process for a mid-term review of the performance of the Franchisee. B. If the City Council decides to conduct a mid-term review of the performance of the Franchisee, the Council shall adopt a Resolution outlining the scope of the review. Following the adoption of this Resolution, the City Manager shall undertake a review of the performance of the Franchisee, and report back to the City Council within 90 days of the date upon which the City Council adopts the franchise review Resolution. Ordinance No. 2600 Page 7 of 12 C. The City Manager's review process may consider the following factors, among others identified by the City Council in its Resolution: (1) Franchisee's performance of the obligations and responsibilities under this franchise, including Franchisee's technical and financial abilities to perform; (2) Franchisee's responsiveness to customer communications to the City; (3) Franchisee's ability to provide evidence of insurability; and (4) Whether an early renewal of the Franchise is in the public interest. D. If the City Council determines the Franchisee has performed its obligations and responsibilities under this franchise, and determines that Franchisee's performance has also been positive with respect to the other factors considered in the mid-term review, and if the City Council also determines that it is in the public interest to do so, the Council may in its discretion direct the City Manager to renew the Franchisee's franchise upon such terms and conditions as the Council deems appropriate. If so directed,the City Manager shall prepare an ordinance for approval by the City Council renewing the franchise. The renewal franchise shall be for a term of ten (10) years. E. Nothing in this Section 8 relating to a mid-term review prevents the City from conducting a review of Franchisee's performance at any other time during the term of the franchise. Section 9. Suspension, Modification or Revocation of Franchise. A. Failure to comply with written notice from the City to provide necessary service or otherwise comply with the provisions of this Ordinance and the City's Administrative Rules after written notice and reasonable opportunity to comply shall be grounds for modification, revocation or suspension of the franchise. B. After receiving the aforementioned written notice from the City, the Franchisee shall have 30 days from the date of mailing of the notice in which to comply. The Franchisee may request a public hearing before the City Council if the Franchisee makes such a request within ten days from the mailing date of the written notice from the City. In the event of a public hearing, the Franchisee and other interested persons shall have an opportunity to present information and testimony, subject to procedures established by the City Council. C. Franchisee shall not transfer this franchise or any portion thereof without the prior written approval of the City Council, but such consent shall not be unreasonably withheld. The City Council in reaching its decision may consider among other factors whether the transferee meets all applicable requirements met by the original Franchisee. Any transfer without the prior written consent shall be void and shall be Ordinance No.2600 Page 8 of 12 grounds for revocation of this franchise. A pledge of this franchise as financial security shall not be considered as a transfer for the purposes of the subsection. D. The City may modify this ordinance in the event that any of the statutes, laws or ordinances referenced in this franchise are amended or repealed, or in the event that the United States, the State of Oregon or the City of Lake Oswego enact or are required to enact new laws or regulations that would affect provision of service pursuant to this franchise. Prior to modifying the ordinance pursuant to this provision, the City shall send written notice of the proposed amendment to the Franchisee and provide an opportunity for the Franchisee to comment orally and/or in writing on the proposed amendment. Following adoption, the Franchisee shall be given thirty days to accept the amendment. Failure to accept the amendment shall cause this Franchise to terminate on the 31St day following adoption of the amendment. Section 10. Preventing Interruption of Service. In the event the City Council finds an immediate and serious danger to the public, creating a health hazard or serious public nuisance, the City Council may, after a minimum of 24 hours actual notice to the Franchisee, authorize another person to temporarily provide service under this ordinance, or the City may provide such service. In either event, the Franchisee agrees as a condition to the franchise that any real property, facilities or equipment of the Franchisee may be used without additional consideration to provide such emergency service. The City Council shall return any such property of the Franchisee upon abatement of the health or nuisance hazards created by the general interruption of the service. Section 11. Interruption or Termination of Service. The Franchisee shall not terminate service to any or all of the customers served under this franchise unless: A. The street or road access is unavoidably blocked through no fault of the Franchisee, and if there is no reasonable alternate route or routes to serve all or a portion of the customers; or B. 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; or C. For nonpayment of an undisputed bill by a customer for services rendered. In such case, franchisee may terminate service after notifying customer seven (7) days in advance of intent to terminate. Section 12. Subcontracts. The Franchisee may subcontract with others to provide only specialized service or temporary service under this ordinance. Such subcontracts shall not relieve the Franchisee of any responsibility for compliance with this ordinance. All subcontracts are subject to the written approval by the City, and shall comply with the requirements of Section 7(6) of this Ordinance. Ordinance No. 2600 Page 9 of 12 Section 13. Rates. A. The City Council, by resolution, shall establish rates which the Franchisee may charge for solid waste services and may, from time to time, by resolution, change those rates. B. When a new or unusual solid waste service, not included in the rate structure approved by the Council, is requested,the Franchisee may establish a reasonable cost for providing such service. However, if such service is provided for more than one month, the Franchisee shall notify the City Manager or his designee, in writing of the service provided,the rate established, and the basis for the rate. C. All rates charged by the franchisee in the City for services, if the need arises, shall be uniform and non-discriminatory, commensurate rates, subject to approval by the City until such time as these would be incorporated into the rate scheduled by resolution. D. The Franchisee shall not give any rate preference to any person, locality or type of solid waste stored, collected, transported, disposed of or resource recovered. This paragraph shall not prohibit uniform classes of rates based upon length of haul, time of haul, type or quantity of solid waste handled, and location of customers, so long as such rates are reasonably based upon costs of the particular service and are approved by the City Council in the same manner as other rates. E. Rates shall be approved by the City Council from time-to-time by resolution, as provided by LOC 20.10.720. In determining the appropriate rate to be charged by the Franchisee, the City Council shall consider: (1) The cost of performing the service provided by the Franchisee, including any additional costs (or savings) resulting from recycling. (2) Anticipated increases in the cost of providing the services. (3) The need for equipment replacement and the need for additional equipment to meet service needs; compliance with federal, state and local law, ordinances and regulations; or technological change. (4) The investment of the Franchisee and the value of its business and the necessity that the Franchisee have a reasonable rate of return or fair operating margin. (5) Rates in other cities in this metropolitan area. (6) Other factors deemed relevant by the City Council. Section 14. Indemnity and Hold Harmless. The Franchisee shall indemnify the City, its officers, employees and agents, and shall hold them harmless from all loss, damage, claim, expense or liability arising out of the operation by the Franchisee under its franchise. In the event that any notice of claim, suit or action is brought for injury or damage to persons or to property against any of the foregoing based upon, or alleged to be based upon, any loss, damage, claim, expense or liability arising out of the operations of the Franchisee under its Ordinance No.2600 Page 10 of 12 franchise, the Franchisee shall defend the same at its own costs and expense; provided, however,that the City reserves their right to retain counsel of its own choosing and join the defense of any such suit or action with the reasonable cost of such additional counsel to be borne by the Franchisee. Section 15. Franchisee's Service Requirements. The Franchisee may, subject to review and approval by the City Council, establish reasonable rules concerning the size, weight and location of containers or compactors, which are not in conflict with those in the City's Administrative Rules, and on other matters directly affecting the safety of the Franchisee's employees and its ability to perform the service with available technology and equipment. Such reasonable rules may also be established so the Franchisee can comply with weight limits, disposal site requirements, and general requirements of the Department of Environmental Quality of the State of Oregon or Metro. Where economically feasible, the City Council may require the Franchisee to provide special types of service or to subcontract the providing of such special service if the Franchisee shall not find it economically feasible to provide such special service with its own equipment and personnel. Section 16. Rules and Regulations. The Franchisee shall comply with the Administrative Rules attached as Exhibit "B," which have been adopted by the City Manager at the time of enactment of this Ordinance, or as may be amended pursuant to this Section. If the City Manager proposes to amend the Administrative Rules, the text of the proposed amendments shall be forwarded to the Franchisee for response. The Franchisee shall have 30 days to respond in writing. The proposed amendments may be implemented by the City Manager following said 30-day period, after consideration of any response by the Franchisee. The Franchisee may appeal the amendments to the City Council. Following a public hearing on the appeal, the City Council shall determine in its discretion whether to affirm, modify or deny the proposed amendments. The City Council's decision shall be final. Section 17, Written Acceptance. Within thirty (30) days after the ordinance granting this franchise becomes effective, Franchisee shall file with the City Recorder a written acceptance, executed by the Franchisee, of this franchise on the form attached to the franchise as Exhibit A, approved by the City Attorney. A failure on the part of the Franchisee to file such written acceptance within such time shall be deemed an abandonment and rejection of the rights and privileges conferred hereby and the ordinance granting this franchise shall thereupon be null and void. Such acceptance shall be unqualified and shall be construed to be an acceptance of all the terms and conditions contained in this franchise. Section 18. Severability Clause. Any finding by a court of competent jurisdiction that any portion of this ordinance is unconstitutional or invalid shall not invalidate any other provisions of the ordinance. However, in the event of such finding the City Council may, at its discretion, modify or terminate this franchise if it determines such act is in the public interest. Section 19. Prior Ordinances Repealed. Ordinance No. 2391 is hereby repealed, and upon acceptance by the Company of this Franchise, all rights and obligations arising under Ordinance No. 2391 shall terminate. Ordinance No.2600 Page 11 of 12 Introduced and read for the first time by title only at a regular meeting of the City Council of the City of Lake Oswego held on the 13th day of November, 2012. AYES: Mayor Hoffman, Gudman,Jordan, Moncrieff, Tierney NOES: Kehoe, Olson ABSTAIN: None EXCUSED: None Jal Hoffman, Mayo-3 Dated: c ( (1 1 ?— ATTEST:ATTEST: Catherine Schneider, City Recorder APPROVED AS TO FORM: iL t rThr) David Powell, City Attorney I Ordinance No. 2600 Page 12 of 12 WRITTEN ACCEPTANCE OF ORDINANCE NO. 2600 CITY OF LAKE OSWEGO, OREGON TO THE MAYOR AND COUNCIL OF THE CITY OF LAKE OSWEGO: WHEREAS, on the 13th day of November, 2012, the Council of the City of Lake Oswego, Oregon, passed Ordinance No. 2600 entitled: A SPECIAL ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO RELATING TO THE ENVIRONMENT, HEALTH AND SANITATION OF THE CITY OF LAKE OSWEGO; PROVIDING FOR THE ESTABLISHMENT, MAINTENANCE AND OPERATION OF A SYSTEM OF SOLID WASTE AND RECYCLING SERVICES; AWARDING AN EXCLUSIVE FRANCHISE FOR SOLID WASTE COLLECTION SERVICES TO ROSSMAN SANITARY SERVICE INC., DOING BUSINESS AS ALLIED WASTE OF LAKE OSWEGO; PROVIDING FOR THE ADOPTION OF ADMINISTRATIVE RULES; AND PROVIDING PENALTIES. WHEREAS, said ordinance was duly signed and approved on November 13, 2012, by the Mayor and said City, and attested by the City Recorder; WHEREAS, said ordinance was granted upon the condition that the said grantee shall within 30 days of the passage and approval of said ordinance, file with the City Recorder of the City of Lake Oswego its written acceptance of all the terms and conditions of said ordinance; and NOW, THEREFORE, Rossman Sanitary Service Inc., doing business as Allied Waste of Lake Oswego does herby accept Ordinance No. 2600 and all the terms and conditions of said ordinance. IN WITNESS WHEREOF, Rossman Sanitary Service Inc., doing business as Allied Waste of Lake Oswego, has caused this acceptance to be duly executed N o vEnna E2 27 . 2012. ROSSMAN SANITARY SERVICE, INC. CITY OF LAKE OSWEGO d/b/a ALLIED WASTE OF LAKE OSWEGO Catherine Schneider City Recorder Title / �� z�-• Date MA/L .+' �?-0'2 Date ii/ /2_ APPIWVED AS TO F RM: David D. Powell, City Atto\ney City of Lake Oswego, Oregon SOLID WASTE, RECYCLING, AND YARD DEBRIS COLLECTION ADMINISTRATIVE RULES For Franchisee and Customers November 2012 TABLE OF CONTENTS 1.0 PURPOSE OF RULES. 5 1.1 Scope of Rules. 5 1.2 Adoption and Amendment of Rules. 5 2.0 DEFINITIONS. 5 3.0 GENERAL REQUIREMENTS. 8 3.1 Franchisee Responsibility. 8 3.1.1 Notification to New Customers. 8 3.1.2 Hours for Collection Activity. 8 3.1.3 Collection Rates. 8 3.1.4 Billing Procedures. 8 3.1.5 Termination of Service. 9 3.1.6 Supplying Receptacles. 9 3.1.7 Types of Receptacles. 9 3.1.8 Missed Collection. 10 3.1.9 Refusal of Collection Service. 10 3.1.10 Notice for Refusal of Collection Service. 10 3.1.11 Payment for Refusal of Service Materials. 11 3.1.12 Collection Options for Refusal of Service Materials. 11 3.1.13 Cleanup on Route. 11 3.1.14 Prevention of Lealdng and Spilling Loads. 11 3.1.15 Covers for Open Body Vehicles. 11 3.1.16 Unnecessary Noise. 11 3.1.17 Maintaining Passage on Public Streets. 11 3.1.18 Compliance with-Federal, State,and Local Regulations. 12 3.1.19 Safety and Maintenance. 12 3.1.20 Compliance With Zoning Ordinances. 12 3.1.21 Repair or Replacement of Customer Supplied Receptacles. 12 3.1.22 Location of Empty Receptacles 12 3.1.23 Location of Receptacles. 12 3.1.24 Promotion and Education. 12 3.1.25 Reporting. 13 3.2 Customer Responsibility. 13 3.2.1 Payment Responsibility. 13 3.2.2 Notification of Missed Collection or Billing ErTors. 13 3.2.3 Supplying Receptacles. 13 3.2.4 Repair or Replacement of Hauler Supplied Receptacles. 14 3.2.5 Removal of Receptacle from Set Out Location. 14 3.2.6 Ownership of Receptacles. 14 3.2.7 Location of Receptacles. 14 3.2.8 General Preparation of Materials. 14 Page 2 of 25 4.0 SOLID WASTE COLLECTION REQUIREMENTS. 15 4.1 Franchisee Responsibility. 15 4.1.1 Service Responsibility. 15 4.1.2 Collection Frequency. 15 4.1.3 Collection of Solid Waste Materials. 16 4.1.4 Collection of Extra Receptacles. 16 4.1.5 Disposal of Collected Solid Waste Materials. 16 4.1.6 In-Ground Cans. 16 4.2 Customer Responsibility. 16 4.2.1 Set Out Time for Receptacles. 16 4.2.2 Set Out Location for Receptacles. 16 4.2.3 Weight of Receptacles. 17 4.2.4 Weight of Containers and Drop Boxes. 17 4.2.5 Sunken Refuse Cans. 17 4.2.6 Putrescible Waste Storage. 17 5.0 RECYCLING COLLECTION REQUIREMENTS 18 5.1 Franchisee Responsibility. 18 5.1.1 Service Responsibility. 18 5.1.2 Collection Frequency. 18 5.1.3 Collection of Recyclable Materials. 18 5.1.4 Collection of Additional Recyclable Materials. 18 5.1.5 Processing of Collected Recyclable Materials. 18 5.2 Customer Responsibility. 19 5.2.1 Set Out Time for Receptacles. 19 5.2.2 Set Out Location for Receptacles. 19 5.2.3 Preparation of Recyclable Materials. 19 6.0 YARD DEBRIS AND COMMERCIAL ORGANIC MATERIALS COLLECTION 20 REQUIREMENTS 6.1 Franchisee Responsibility. 20 6.1.1 Service Responsibility. 20 6.1.2 Collection Frequency. 20 6.1.3 Collection of Yard Debris Materials. 20 6.1.4 Collection of Extra Receptacles. 20 6.1.5 Processing of Collected Yard Debris Materials. 20 6.2 Customer Responsibility. 21 6.2.1 Set Out Time for Receptacles. 21 6.2.2 Set Out Location for Receptacles. 21 6.2.3 Preparation of Yard Debris Materials. 22 6.2.4 Preparation of Organic Materials. 22 6.2.5 Weight of Receptacles. 22 Page 3 of 25 6.2.6 Yard Debris Labels. 22 6.3 Yard Debris Exemption Program. 22 6.3.1 Alternatives to Yard Debris Service. 22 6.3.2 Application Period. 23 6.3.3 Customer Notification. 23 6.3.4 Application Requirements. 23 6.3.5 Exemption Renewal. 23 6.3.6 Exemption Disqualification 23 6.3.7 Renewal of Yard Debris Service. 23 7.0 OTHER COLLECTION SERVICES 24 7.1 Franchise Responsibility. 24 7.1.1 Service Responsibility. 24 7.1.2 Collection Frequency. 24 7.1.3 Collection of Other Solid Waste Materials. 24 7.1.4 Collection of Tires. 24 7.1.5 Collection of Infectious Wastes. 24 7.2 Customer Responsibility. 24 7.2.1 Set Out of Other Solid Waste. 24 7.2.2 Preparation of Other Solid Waste Materials. 24 7.2.3 Disposal of Unacceptable Solid Waste Materials. 25 8.0 DISPUTE RESOLUTION 25 8.1 Information and Complaint Resolution. 25 8.2 Disputed Billing Policy. 25 Page 4 of 25 1.0 Purpose of Rules. It shall be the purpose of the City of Lake Oswego to protect the health, safety, and welfare of the Lake Oswego residents and to provide a coordinated program for the collection, and disposal of Solid Waste, Recycling, and Yard Debris Materials. It shall be City policy to regulate such activities to: 1) Provide for safe,economical, and comprehensive Solid Waste, Recycling, and Yard Debris collection, processing, and disposal programs within the City so as to benefit all Lake Oswego residents. 2) Provide for the opportunity to recycle to every Lake Oswego resident. 3) Provide clear and objective standards for delivery of services and Franchisee and Customer responsibilities. 1.1 Scope of Rules. It is the intent of these Administrative Rules to articulate the standards and expectations for Solid Waste, Recycling, and Yard Debris collection as authorized in the City Code, Chapter 20,10 and as defined by the Franchise Agreement authorized by City Ordinance No. 2600. 1.2 Adoption and Amendment of Rules. The City Manager may propose and prepare amendments to these Rules and regulations. The text of proposed amendments shall be forwarded to the Franchisee who shall have 30 days to respond in writing. Proposed amendments may be established by the City Manager,following consideration of the Franchisee's response. Any disputed amendments to these Rules may be appealed by the Franchisee to the City Council in accordance with Ordinance No. 2600. 2.0 Definitions. The definitions contained in Ordinance No. 2600 shall be incorporated by reference herein.Additional definitions are as follows: A. Bulky Wastes. "Bulky Wastes" means large items of Solid Waste such as appliances,furniture, large auto parts,trees, branches greater than 4 inches in diameter and 48 inches in length,stumps and other oversize wastes whose large size precludes or complicates their handling by normal collection, processing,or disposal methods. B. Compact or Compaction. The process by which material is shredded, manually compressed or mechanically compressed. C. Compactor. "Compactor" means any self-contained, power driven mechanical equipment designed for the containment and compaction of Solid Waste, Recycling, or Yard Debris Materials. E. Container. "Container" means a Receptacle one (1)cubic yard or larger in size, used to store Solid Waste, Recycling, or Yard Debris Material, but not a Drop Box or Compactor. F. Curbside. "Curbside" means a location within three (3)feet of the edge of a public street, excluding such area separated from the street by fence or enclosure. The "street" may be a public alley. For residences on a flag lot, or other private driveway, or any private street not meeting the standards, Page 5 of 25 4 "curbside" shall be the point where the driveway or street intersects the public street, or at such other location agreed upon between Franchisee and Customer or as determined by the City. G. Drop Box. "Drop box" means a single container designed for the storage and collection of large volumes of Solid Waste, Recycling,or Yard Debris materials that is usually ten (10)cubic yards or larger in size. H. Generator. The person who produces the solid waste and recyclable material and places it for collection and disposal. The term does not include a person who manages an intermediate function of altering or compacting the material after it has been produced by the Generator and placed for collection and disposal. I. Hazardous Waste. "Hazardous Waste" means as defined in ORS 466.005. J. Household Hazardous Waste. "Household Hazardous Waste" means any discarded, useless or unwanted chemical, material, substance, or product that is or may be hazardous or toxic to the public or the environment and is commonly used in or around households. "Household Hazardous Waste" includes, but is not limited to some cleaners,solvents, pesticides, and automotive and paint products. K. Infectious Waste. "Infectious Waste"as defined in ORS 459.386(4). L. Mixed Reclyables. Two or more recyclable materials collected together that are not separated in the combination of materials allowed by the City. M. Organic Material. "Organic Material"means materials that can be biologically synthesized by plants or animals from simpler substances, are no longer suited for their intended purpose,and are readily broken down by biological processes into soil constituents. "Organic Material" includes, but is not limited to food waste,yard debris, paper,and putrescible material which are generally a source of food for bacteria. N. Other Solid Waste. `Other Solid Waste" means large amounts or unusual types of solid waste materials. Other Solid Waste materials include but are not limited to White Goods, Bulky Wastes,Tires, and Infectious Wastes. O. Receptacle. "Receptacle" means a can,cart, container,drop box, compactor, recycling bin, bags, bundles,or any other means of containment of Solid Waste, Recycling,or Yard Debris materials. P. Recyclable Materials. "Recyclable Materials" 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 or other materials as may be designated by the City. Q. Solid Waste. Shall have the meaning given in ORS 459.005(24). "Solid Waste" also includes but is not limited to garbage, rubbish, and ashes; commercial or industrial demolition and construction wastes;discarded home and industrial appliances; manure,vegetable,or animal solid and semisolid wastes;dead animals; and Infectious Wastes as defined in ORS 459.386(4), Special Wastes and other Wastes. Notwithstanding the foregoing, "Solid Waste" does not include: 1) Discarded or abandoned vehicles. 2) Recyclable materials which are source separated and set out for recycling purposes. 3) Hazardous wastes as defined in ORS 466.005. Page 6 of 25 4) Materials used for fertilizer or for other productive purposes or which are salvageable materials used on land in agricultural operations and the growing or harvesting of crops and raising of animals. 5) Sewage,sewage sludge, and sewage hauled as an incidental part of septic tank or service. R. Special Wastes. As currently defined in Metro Code Section 5.01.010(ww),or as hereafter amended. S. Transfer Site or Transfer Facility. A permitted facility used as an adjunct to collection vehicles, a resource recovery facility, or a site for temporary storage of Waste between the collection of the Waste and Solid Waste and the permanent disposal site. This includes, but is not limited to,a concrete slab, pit, building, hopper, railroad gondola or barge. "Resource recovery facility" means where mixed materials are brought and sorted to remove recyclable materials "transfer site"or"transfer facility" does not include a self-propelled, compactor-type solid waste collection vehicle into which scooters, pickups,small packer trucks or other satellite collection vehicles load collected solid waste for transport to a transfer site, disposal site, landfill or resource recovery site or facility. T. Waste Evaluation. On-site technical assistance by a trained "recycling specialist"to evaluate a business/organization in the areas of recycling,waste prevention and/or buying recycled products. A set of recommendations is provided to the business/organization to assist it in making changes in its practices resulting in less waste and/or the purchase of more recycled content products. U. White Goods. "White Goods" means kitchen or other large appliances that are bulky wastes. V. Yard Debris. "Yard Debris" means material that includes clippings, leaves, prunings of no greater than 4 inches in diameter and 48 inches in length and other similar vegetative waste generated from landscaping activities, but does not include sod, stumps, or similar bulky wood materials, rock, or dirt. Page 7 of 25 3.0 General Requirements. 3.1 Franchisee Responsibility. 3.1.1 Notification to New Customers. The Franchisee shall provide City approved written notification to all new Customers within seven days of sign up. Notification materials shall include a packet of educational material that contains information on all Solid Waste, Recycling, and Yard Debris service level options, rates for these services, including an explanation of extra charges, a listing of the recycled materials collected,the schedule of collection,the proper method of preparing materials for collection, and the reasons that persons should separate their materials for recycling. Customers shall be given written notice of any changes in service. 3.1.2 Hours for Collection Activity. a. Residential and Multi-family Neighborhoods. The Franchisee shall limit the hours of collection activity for any Solid Waste, Recycling,and Yard Debris materials in predominately residential and and multi-family neighborhoods to between the hours 5:30 a.m and 6:00 p.m, unless weather or holiday schedules require extended hours for collection. b. Commercial and Industrial Areas. The Franchisee shall limit the hours of collection activity for any Solid Waste, Recycling, and Yard Debris materials in predominately commercial and industrial areas to between the hours of 4:30 a.m.and 8:00 p.m., unless weather or holiday schedules require extended hours for collection. 3.1.3 Collection Rates. a. Schedule of Rates. The collection rates for Solid Waste, Recycling, and Yard Debris materials shall be as set in the "Schedule of Rates"for Solid Waste Collection Service established by resolution of the City Council. b. Additional Services. The rates charged for Additional Services not included in the above "Schedule of Rates"shall comply with the requirements of the Franchise Agreement authorized by City Ordinance No. 2600. 3.1.4 Billing Procedures. a. Billing Period. The Franchisee may bill Customers either once per month or once every two months but shall not bill more than sixty(60) days in advance or in arrears of service provided. The Franchisee may require payment at time of service for services requested by Customers that are less frequent than monthly. b. Vacation Credit. The Franchisee shall give a Vacation Credit for Customers who stop service for a minimum period of one month and shall give up to four Vacation Credits per calendar year for periods shorter than one month. Page 8 of 25 c. Billing Policy. The Franchisee shall have a written policy for billing procedures and reinstatement for non-payment. The Franchisee shall make available its billing policies to its customers. The Franchisee shall also provide a copy of all billing policies to the City for review and approval. 3.1.5 Termination of Service. a. Billing Past Due. The Franchisee may terminate Solid Waste, Recycling,and Yard Debris collection service to any Customer if the Customer has not paid a bill within thirty(30)days of the billing due date. b. Notice of Termination of Service. The Franchisee shall not terminate said service without first notifying the Customer in writing of the intention to terminate service postmarked not less than seven (7) days prior to the date of intended termination of service. c. Disputed Billings. The Franchisee shall not take any action to collect any portion of a bill subject to a dispute until there is a resolution to the dispute pursuant to section 8.2 below. 3.1.6 Automation of Services. Franchisee shall acquire and utilize equipment that allows for the mechanical collection of recepticals. Franchisee shall utilize this type of equipment for collection of all solid waste, recyclable materials, and yard debris for all residential customers. 3.1.7 Supplying Receptacles. a. Receptacles. The Franchisee shall provide all Receptacles that are mechanically collected except for Compactors. The Customer may arrange with the Franchisee to provide a compactor. b. Recycling Bins. The Franchisee shall provide one recycling cart and one glass recycling bin to each residential Customer and other Customers as needed. c. Commercial and Multifamily Customers. The Franchisee shall provide Receptacles for use by Commercial and Multi-Family Customers at locations approved by the Franchisee or may approve Receptacles provided by the Customer based on the receptacle requirements of these Administrative Rules. 3.1.8 Types of Receptacles. Receptacles provided by the Franchisee shall be designed for safe handling, non-absorbent,vector-resistant,durable, easily cleanable, and except for drop boxes and recycle bins, provided with tight fitting watertight lids or covers that can be readily removed or opened. Page 9 of 25 3.1.9 Missed Collection. The Franchisee shall respond promptly to reports of missed collections. A complaint of missed collection received by the Franchisee from the Customer or the City shall be remedied by collecting the material within 24 hours (excluding Saturdays, Sundays, and holidays) of the Customer's or City's report, at no extra charge. The Franchisee shall pick up collections missed due to hazardous weather conditions as weather and road conditions permit, or the Customer may set out the missed collection on the subsequent regular collection day. 3.1.10 Refusal of Collection Service. a. Hazardous Conditions, The Franchisee may refuse collection service where there is a hazardous condition that creates undue hazard or risk to the person providing service, Franchisee collection vehicles or equipment, private property, or the public. Hazardous conditions may include overhanging branches,steep slopes, unusual topography,wet or icy ground or pavement,vicious animals, poor access to the point of collection,or locations where the weight of the collection vehicle or equipment would damage private roads, driveways,or bridges. b. Improperly Prepared Solid Waste.Recycling.or Yard Debris Materials. The Franchisee may refuse collection service where the preparations of Solid Waste, Reycling, or Yard Debris materials do not satisfy the requirements of these Administrative Rules. c. Overweight Receptacles. The Franchisee may refuse collection service for a Receptacle that is over the Receptacle weight requirements of these Administrative Rules. If the Customer requests,the Franchisee will provide the actual weight of the overweight Receptacle by 5:00 p.m.on the business day following the request. When a Receptacle is overweight, it is the Customer's responsibility to separate materials into additional Receptacles to comply with required weight limits. d. Improper Location of Receptacles. The Franchisee may refuse collection service when a Receptacle is in a location that does not satisfy the requirements in these Administrative Rules. 3.1.11 Notice for Refusal of Collection Service. If a Customer is refused service for any condition other than hazardous weather conditions,the Franchisee shall give a written notice stating the reasons for refusal of service to said Customer and the City within seven (7) days from when service is first refused by the Franchisee. The Franchisee shall leave a written notice when it refuses collection service as allowed in these Administrative Rules. The written notice shall describe the specific reason for refusing service,the actions needed to resume service, and the pickup options for the materials not collected. The Franchisee shall leave the notice securely attached to the Customer's Receptacle,to the materials, or to Page 10 of 25 the Customer's front door at the time of the refused service. The Franchisee shall document the date, time,and reason for refusal of any collection service. 3.1.12 Payment for Refusal of Service Materials. The Franchisee shall charge the normal collection rates when there is a refusal of collection service and shall provide collection options for these materials. 3.1.13 Collection Options for Refusal of Service Materials. When there is a refusal to collect materials,the Franchisee shall provide collection of double the Customer's subscribed service level volume at no additional cost, on the subsequent regular collection day. The Customer may also request a special pickup of the properly prepared materials on any day other than the Customer's regularly scheduled collection day,for a fee based on the "call back" rate established by the City. 3.1.14 Cleanup on Route. The Franchisee shall make a reasonable effort to pick up all material blown, littered, broken, or leaked during the course of collection subsequent to being set out by the Customer. 3.1.15 Prevention of Leaking and Spilling Loads. All Solid Waste, Recycling,and Yard Debris collection vehicles shall be constructed, loaded,operated and maintained in a manner to reduce to the greatest extent practicable, dropping, leaking, blowing, sifting or escaping of Solid Waste, recyclables,or vehicle fuel, hydraulic fluid or lubricants from the vehicle onto private property and public streets while stationary or in transit, excepting a normal leakage of fuel, hydraulic fluid, or lubricants typically associated with a properly maintained vehicle. The Franchisee shall make a reasonable effort to clean up all dropped, leaked, blown, or escaped Solid Waste, recyclables, or spilled vehicle fuel, hydraulic fluid or lubricants as soon as practicable. 3.1.16 Covers for Open Body Vehicles. All open body collection vehicles shall have a cover that shall be either an integral part of the vehicle or a separate cover for the vehicle. This cover shall be used while in transit, except during the transportation of bulky wastes, including but not limited to stoves, refrigerators and similar white goods. 3.1.17 Unnecessary Noise. The Franchisee shall comply with the City's"Unnecessary Noise" ordinance, LOC 34.10,537. This ordinance states that"it is shall be unlawful for any person to create, assist in creating, permit, continue or permit the continuance of any loud, disturbing or unnecessary noise in the City." 3.1.18 Maintaining Passage on Public Streets. To the greatest extent practicable,the Franchisee shall avoid stopping of collection vehicles so as to block the passage of other vehicles and pedestrians on public streets and sidewalks. Page 11 of 25 3.1.19 Compliance with Federal,State, and Local Regulations. The Franchisee shall comply with all applicable federal,state, and local laws and regulations relating to driving,transportation, collection, disposal,and processing of Solid Waste, Recycling, or Yard Debris materials. 3.1.20 Safety and Maintenance. All collection equipment must be maintained and operated in compliance with all local,federal and state statutes, ordinances, and regulations including compliance with regulations related to the safety of the collection crew and the public. 3.1.21 Compliance With Zoning Ordinances. Facilities for storage, maintenance,and parking of any vehicles or other equipment shall comply with all applicable zoning ordinances and all other applicable local,federal and state statutes, ordinances, and regulations. 3.1.22 Repair or Replacement of Customer Supplied Receptacles. The Franchisee shall take care not to damage Receptacles owned by the Customer. The Franchisee shall reimburse the Customer for the cost of repair or replacement of a Franchisee approved Receptacle when the Franchisee causes damage to a Customer's Receptacle, providing the damage is not caused by normal wear and tear and provided the Receptacle satisfies the standards for Receptacles described in these Administrative Rules. 3.1.23 Location of Empty Receptacles. The Franchisee shall leave emptied Receptacles in a location that does not obstruct mailboxes,the sidewalk, a fire hydrant, or impede traffic flow.The Franchisee is responsible to close the Receptacle as securely as possible to prevent the lid from blowing away or rain getting into Receptacle. 3.1.24 Location of Receptacles. a. General. The Franchisee shall place Receptacles (including drop boxes) in a location that does not obstruct mailboxes, water meters,the sidewalk,fire hydrants,driveways or impede traffic flow. b. Drop Boxes. When possible,the Franchisee shall place drop boxes on private property locations such as driveways or yards. The Franchisee shall not place a drop box in a public right-of-way,street, alley, or roadside unless the Customer has received approval from the City. 3.1.25 Promotion and Education. a. The Franchisee shall participate in City-directed promotion and education efforts. The Franchisee shall comply with DEQ requirements for notice to Customers concerning recycling services and opportunities. Page 12 of 25 b. The Franchisee shall complete a waste evaluation for each facility owned or operated by the City or the Lake Oswego School District at least once every two years. c. The Franchisee shall complete a waste evaluation for each of the 20 largest solid waste generators in the City of Lake Oswego who are willing to participate, at least once every two years. d. Upon customers' requests,the Franchisee shall complete waste evaluations for at least 10 additional commercial customers each year. 3.1.26 Reporting. The Franchisee shall provide an "Annual Recycling Report"to the City Sustainability Coordinator on recycling activities in a format approved by the City. The report shall contain detailed information on education and promotion activities,tonnage of solid waste,organic material, and recycables collected from customers,the number of customers serviced by each different service level, and other information as required for the purpose of preparing the annual DEQ and Metro Recycling Reports. This report shall also include verification of the completion of the waste evaluations and education programs required in Section 3.1.25. 3.2 Customer Responsibility. 3.2.1 Payment Responsibility. a. Responsible Party. Any Person who receives service shall be responsible for payment for said service. b. Missed Collections. A Customer may not deduct the cost of past unreported missed collections from the Customer's service bills. c. Vacation Credit. The Customer is responsible to request a Vacation Credit from the Franchisee. The Customer may request a Vacation Credit to stop service for a minimum period of one month or up to four Vacation Credits a calendar year for periods shorter than one month. 3.2.2 Notification of Missed Collection or Billing Errors. The Customer shall promptly notify the Franchisee or the City about a missed collection or billing error. 3.2.3 Supplying Receptacles. a. Carts. The customer shall only use carts provided by the Franchisee for automated and/or semi-automated collection. b. Compactors. The Customer may provide a Compactor used for collection services. All Compactors shall comply with applicable federal and state safety regulations,shall be compatible with Franchisee equipment and shall be approved by the Franchisee. Page 13 of 25 c. Commercial and Multifamily Customers. Commercial and Multi-Family Customers shall use only receptacles provided by the Franchisee. 3.2.4 Repair or Replacement of Franchisee Supplied Receptacles. The Customer shall take appropriate actions to ensure that hazardous materials, chemicals, paint, corrosive materials, infectious waste, or hot ashes are not put into a can, cart, container, or drop box. The Franchisee may bill the Customer for the cost to repair or replace a Receptacle owned by the Franchisee when the Customer does not take reasonable care to prevent abuse,fire damage, vandalism, excessive wear, or other damage to the Receptacle. 3.2.5 Removal of Receptacle from Set Out Location. The Customer shall remove emptied Receptacles from the set out location and return the receptacle to the Customer's yard or permanent storage area within 24 hours of collection. 3.2.6 Ownership of Receptacles. Receptacles provided by the Franchisee are the property of the Franchisee. The Customer shall leave Franchisee's Receptacles at the service address when the Customer moves. 3.2.7 Location of Receptacles. a. General. The Customer shall place Receptacles in a location that does not obstruct mailboxes,water meters,the sidewalk,fire hydrants, driveways, or impede traffic flow.The Customer should provide for reasonable vertical clearance for Receptacle(s) picked up away from the curbside or roadside. b. Drop Boxes. When possible,the Franchisee shall place drop boxes on private property locations such as driveways or yards. The Customer shall receive approval from the City of Lake Oswego Public Works Engineering Division to place a drop box in a public right-of-way, street, alley, or roadside. 3.2.8 General Preparation of Materials. a. The Customer shall place Solid Waste, Recycling, and Yard Debris materials safely and securely in the Receptacle to prevent lightweight materials from blowing away prior to and while being dumped into the collection vehicle or Receptacle. The Customer shall load the contents of a Receptacle in such a manner that they fall freely from the Receptacle when emptied by the Franchisee. The Franchisee shall not be responsible for digging the contents out of a Receptacle.The Customer shall not overfill a can,cart, or container so that the lid cannot be securely closed.The Customer shall not compact the contents of a can, cart, or container. The Customer is responsible to close the Receptacle as securely as possible to prevent the lid or materials from blowing away or rain getting into Receptacle. The Customer shall loosely place materials in cans, carts, and other rigid Receptacles to minimize damage to the Receptacle and to facilitate emptying the Receptacle. Page 14 of 25 b. No person, other than the Generator of the materials placed in a receptacle for collection or an employee of the Franchisee,shall interfere with or remove any solid waste or recycling receptacle from the location where it has been placed by the Generator for collection; nor shall they remove, alter or compact either manually or mechanically,the contents of the receptacle, including recycling and solid waste. c. No person shall place chemicals, liquid waste, paint, corrosive materials, infectious waste or hot ashes into a receptacle placed for collection service, with the exception that household quantities of chemicals, paint and corrosive materials may be placed by household residents into their own solid waste receptacle when prepared in such a manner as to prevent spillage or leakage of the contents. When materials, customer abuse,fire or vandalism cause excessive wear or damage to a receptacle provided by the Franchisee,the cost of repair or replacement may be charged to the collection Customer 4.0 Solid Waste Collection Reauirements. 4.1 Franchisee Responsibility. 4.1.1 Service Responsibility. The Franchisee shall provide the opportunity for all levels of Solid Waste collection services as defined and provided for in these Administrative Rules for all Persons within their geographic area franchised by the City. a. Unacceptable Solid Waste Materials. The Franchisee is not responsible for the collection of certain Solid Waste materials that require unusual preparation and handling. Unacceptable materials include liquids like fats and non-petroleum oils,semi-sofid wastes,flammable materials, sewage sludge,septic tank and cesspool pumping or other sludge, manure, dead animals,and vehicles. Refer to section 7.0 for collection options for Unacceptable Solid Waste Materials. b. Hazardous Wastes. The Franchisee is not responsible for the collection of Hazardous Wastes. The Franchisee shall comply with all Federal,State and Metro regulations applicable to the collection and disposal of Hazardous Wastes. Nothing in these rules prevents the Franchisee from sub-contracting with another contractor for the collection and disposal of hazardous waste. 4.1.2 Collection Frequency. The Franchisee shall be responsible for the scheduling of all Solid Waste collection service. a. Residential Customers. The regular collection frequency for residential Solid Waste collection service shall be weekly except for materials defined as Other Solid Wastes. b. Commercial and Multi-Family Customers. The collection frequency for Commercial and Multi-Family Solid Waste collection service shall be weekly and as agreed upon by the Franchisee and the Customer. Page 15 of 25 c. Special Collection of Solid Waste. The Franchisee shall provide occasional or special collection of Solid Waste materials on request by the Customer. 4.1.3 Collection of Solid Waste Materials. The Franchisee shall collect Solid Waste Materials provided they comply wtith the preparation requirements and other requirements set forth in these Administrative Rules. 4.1.4 Collection of Extra Receptacles. The Franchisee shall collect occasional extra Solid Waste Receptacles set at the curb as an "extra" beyond the Customer's subscribed service level. The Franchisee may charge the fee established by the City for such "extras", except in cases of missed collections. The Franchisee may require the Customer to give prior notification of an extra set out that would require extraordinary time, labor, or equipment. 4.1.5 Disposal of Collected Solid Waste Materials. The Franchisee shall dispose of the Solid Waste collected within their franchised geographic area at a Metro-approved facility. The Franchisee shall not mix Solid Waste for disposal with any properly prepared source separated recyclable materials. The Franchisee shall not dispose of any materials that have been source separated pursuant to State law. 4.1.6 In-Ground Cans. The Franchisee is not required to remove a Solid Waste can from an in-ground or"sunken" location. 4.2 Customer Responsibility. 4.2.1 Set Out Time for Receptacles. The Customer is responsible to set Solid Waste Receptacles out prior to 6:00 a.m. on the Customer's designated collection day. 4.2.2 Set Out Location for Receptacles. a. Residential Customers. The Customer shall set Solid Waste containers at the curbside in a location that is clearly visible to the Franchisee. The Customer shall not place a Receptacle in a location that would require the Franchisee to pass through any closed doors or gate(s),cross flower beds,go through hedges, cross open lawns, go up and down stairs,or place themselves in a situation that would jeopardize their health and safety. b. Commercial and Multi-Family Customers. The Customer shall set Solid Waste Receptacles at a location that is readily accessible and safe to empty or load, that does not require the Franchisee to go up and down stairs, and that is agreed upon by the Franchisee and the Customer. Page 16 of 25 c. Location of Roll Carts. The Customer shall place roll carts at the curbside, or roadside, or at such other location agreed upon by the Customer and the Franchisee. d. Allocation of Compactors. The Customer shall place Compactors at a location that protects the privacy,safety, and security of Customers,that provides access needed to prevent unnecessary physical and legal risk to the Franchisee, and that is agreed upon by the Customer and the Franchisee. e. Animal Wastes. The Customer shall bag Animal Wastes and kitty litter separately from other Solid Wastes. The Customer may dispose of Animal Wastes in the Solid Waste Receptacle. f. Compactors. The Customer shall load any Compactor to be within safe loading design limit,operation limit, and weight limit of the collection vehicles used by the Franchisee. 4.2.3 Weight of Receptacles. The Customer shall limit the weight of a receptacle and its contents to the maximum weights listed as follows: 'Receptacle/Type Capacity Maximum Weight I Up to and including 20 gallons 35 lbs. Over 20 gallons, up to and including 34 gallons 60 lbs. Roll carts up to and including 40 gallons 60 lbs. Roll carts over 40, up to and including 60 gallons 100 lbs. Roll carts over 60, up to and including 90 gallons 120 lbs. 4.2.4 Weight of Containers and Drop Boxes. The weight of material put into a container or drop box,whether compacted or not,shall not exceed the lifting capacity of the Franchisee's equipment nor shall the weight put the Franchisee over the weight limit for the loaded vehicle. The Franchisee shall furnish the Customer with information concerning limitations on his equipment, upon request. The Franchisee is not required to collect containers exceeding 300 pounds gross loaded contents per loose cubic yard. 4.2.5 Sunken Refuse Cans. A Customer shall not install a Sunken Refuse Can after the effective date of these Administrative Rules. If a Customer wishes service at such a location,they are responsible for placement of the can,with lids above ground. 4.2.6 Putrescible Waste Storage. The Customer shall not store putrescible materials in a Receptacle in excess of seven (7) days. The Customer shall remove said materials from the premises at regular intervals not to exceed the seven (7) days. Page 17 of 25 5.0 Recycling Collection Requirements 5.1 Franchisee Responsibility. 5.1.1 Service Responsibility. The Franchisee shall provide the opportunity for Recycling collection service as outlined in these Administrative Rules for all Persons within their geographic area franchised by the City. 5.1.2 Collection Frequency. The Franchisee shall be responsible for the scheduling of all Recycling collection service. a. Residential Customers. The collection frequency for residential Recycling collection shall be weekly on the same day as Solid Waste collection for any given Customer. b. Commercial and Multi-Family Customers. The collection frequency for commercial and multi-family Recycling service shall be on the same day as Solid Waste collection for any given Customer or as agreed upon by the Franchisee and the Customer. c. "Recycling Only"Customers. The collection frequency for Persons without Solid Waste collection service shall be on the same day as Solid Waste collection for the neighborhood of any given Customer or as agreed upon by the Franchisee and the Customer. d. Special Collection of Recycling Materials. The Franchisee shall provide occasional or special collection of recycling materials on request by the Customer or the City. 5.1.3 Collection of Recyclable Materials. The Franchisee shall collect Recyclable Materials listed below in Section 5.2.3 provided they comply with the preparation requirements and other requirements set forth in these Administrative Rules. The City may modify the Recyclable Materials list as needed to include changes made by the Oregon Environmental Quality Commission under the provision of ORS 459A, "Reuse and Recycling". 5.1.4 Collection of Additional Recyclable Materials. The rates charged for collection of Additional Recyclable Materials shall be reasonable, commensurate with other rates set by the City, and shall be reported to the City. 5.1.5 Processing of Collected Recyclable Materials. The Franchisee shall transport and market collected Recyclable Materials. The Franchisee shall deliver all properly prepared and collected Recyclable Materials to a processor or broker of recyclable materials or to an end-use market. The Franchisee shall not deliver, or cause to be delivered, any collected Recyclable Materials for disposal, unless the Recyclable Materials are improperly prepared. Page 18 of 25 5.2 Customer Responsibility. 5.2.1 Set Out Time for Receptacles. The Customer is responsible to set Recycling Receptacles out prior to 6:00 a.m. on the Customer's designated collection day. 5.2.2 Set Out Location for Receptacles. a. Residential Customers. The Customer shall set Recycling Receptacles at the curbside in a location that is clearly visible to the Franchisee. The Customer shall not place a Receptacle in a location that would require the Franchisee to pass through any closed doors or gate(s), cross flower beds,go through hedges, cross open lawns,go up and down stairs, or place themselves in a situation that would jeopardize their health and safety. For Customers with corner lots,the set out location is on the address side of the property. b. Commercial and Multi-Family Customers. The Customer shall set Recycling Receptacles at a location that is readily accessible and safe to empty or load, that does not require the Franchisee to go up and down stairs, and that is agreed upon by the Franchisee and the Customer. c. Location of Receptacles. The Customer shall place Receptacles in a location where they do not obstruct mailboxes,the sidewalk, a fire hydrant, or impede traffic flow. 5.2.3 Preparation of Recyclable Materials. a. Commercial and Multi-Family Customers. The Franchisee and the Commercial or Multi-Family Customer may decide any exceptions or restrictions to the types,quantity,and volume of recyclable materials. b. Recyclable Materials List. The Customer may include the following Recyclable Materials in Recycling Receptacles and shall separate and prepare these materials as outlined below. Aerosol Cans. Cans must be completely empty. Do not crush or flatten. Remove plastic lids. Leave nozzle buttons in place. Aluminum. Includes aluminum cans, containers, and foil. Remove all organic material- Corrugated Cardboard and Brown Paper Bags. Flatten or cut to fit in cart. Glass. Rinse out all organic material: Caps, lids, rings, and labels may remain on the bottles. Do not include drinking glasses, cooking ware, plate glass,safety glass, light bulbs, ceramics, and non-glass materials. Magazines. includes magazines and catalogs. Milk Cartons and Drink Boxes. Rinse out all organic material. Page 19 of 25 Motor Oil. Place in a clear leak-proof unbreakable plastic container of not more than one gallon each, with a screw-on cap. Do not include other fluids. Place seperately next to recycle cart. Newspapers. Plastic Bottles with neck smaller than the base. Includes plastic milk jugs and drink bottles. Rinse out all organic material; remove lids, caps, and pumps. Labels are O.K. Do not include motor oil, pesticide, or other hazardous material bottles. No tubs, bags, or toys. Scrap Metal. Remove all non-metal parts from the scrap metal- Limit any single piece or bundle to 30 inches in any direction and 40 pounds. Do not include appliances, car parts, bicycles or lead batteries. Scrap Paper. Includes opened unwanted mail, envelopes, paper egg cartons, cereal and shoe boxes, and wrapping paper. Do not include foil,waxy or plastic paper, or food contaminated paper. Steel (Tin)Cans. May include ferrous can ends and jar-bottle lids. 6.0 Yard Debris and Commercial Oreanic Material Collection Requirements. 6.1 Franchisee Responsibility. 6.1.1 Service Responsibility. The Franchisee shall provide the opportunity for Yard Debris collection service as outlined in these Administrative Rules for all Persons within their geographic area franchised by the City. The Franchisee shall provide the opportunity for commercial customers to recycle organic material on a voluntary basis. 6.1.2 Collection Frequency. The Franchisee shall be responsible for the scheduling of all Yard Debris and Organic Material for commercial customers collection service. a. Residential Customers. The collection frequency for residential Yard Debris collection shall be weekly on the same day as Solid Waste collection for any given Customer. b. Multi-Family Customers. The collection frequency for multi-family Yard Debris shall be on the same day as Solid Waste collection for any given Customer or as agreed upon by the Franchisee and the Customer. c. Commercial Customers. The collection frequency for commercial Yard Debris and Organic Material service shall be on the same day as Solid Waste collection for any given Customer or as agreed upon by the Franchisee and the Customer. Page 20 of 25 d. "Yard Debris Only"Customers. The collection frequency for Persons without Solid Waste collection service shall be on the same day as Solid Waste collection for the neighborhood of any given Customer or as agreed upon by the Franchisee and the Customer. e. Special Collection of Yard Debris. The Franchisee shall provide occasional or special collection of Yard Debris materials on request by the Customer or City. 6.1.3 Collection of Yard Debris Materials. The Franchisee shall collect Yard Debris Materials provided they comply with the preparation requirements and other requirements set forth in these Administrative Rules. 6.1.4 Collection of Extra Receptacles. The Franchisee shall collect clearly marked occasional extra Yard Debris Receptacles set at the curb as an "extra" beyond the Customer's subscribed service level. The Franchisee may charge the fee established by the City for such "extras",except in cases of missed collections. 6.1.5 Processing of Collected Yard Debris and Organic Materials. The Franchisee shall transport and market collected Yard Debris and Organic Materials. The Franchisee shall deliver all properly prepared and collected Yard Debris or Organic Materials to an approved processor or composting facility. The Franchisee shall not deliver or cause the delivery of any collected Yard Debris materials for disposal unless the Yard Debris materials are improperly prepared. 6.2 Customer Responsibility. 6.2.1 Set Out Time for Receptacles. The Customer is responsible to set Yard Debris Receptacles out prior to 6:00 a.m. on the Customer's designated collection day. 6.2.2 Set Out Location for Receptacles. a. Residential Customers. The Customer shall set Yard Debris Receptacles out at the curbside and in a location that is clearly visible to the Franchisee. The Customer shall not place a Receptacle in a location that would require the Franchisee to pass through any closed doors or gate(s), cross flower beds,go through hedges, cross open lawns, go up and down stairs,or place themselves in a situation that would jeopardize their health and safety. For Customers with corner lots,the set out location is on the address side of the property. b. Commercial and Multi-Family Customers. The Customer shall set Yard Debris or Organic Materials Receptacles at a location that is readily accessible and safe to empty or load,that does not require the Franchisee to go up and down stairs, and that is agreed upon by the Franchisee and the Customer. Page 21 of 25 6.2.3 Preparation of Yard Debris Materials. a. Yard Debris Receptacles. The Customer shall place Yard Debris in the cart provided by the franchisee. Occassional extras may be placed in 32 gallon cans, carts,and other rigid Receptacles;or in "Kraft"type and "Epic" brand bags; or in bundles. The Customer must securely tie bundles to support the bundle when lifted. The Customer shall not use plastic bags to contain Yard Debris. b. Acceptable Materials. The Customer is responsible to include only those materials that meet the definition of Yard Debris provided in these Administrative Rules. "Yard Debris" means materials that include clippings, leaves, prunings of no greater than 4 inches in diameter and 48 inches in length and other similar vegetative waste generated from landscaping activities, but does not include sod,stumps, or similar bulky wood materials, rock, or dirt. 6.2.4 Preparation of Organic Materials. a. Receptacles. The Customer shall place Organic Material in the Yard Debris cart or another container provided by the franchisee. b. Acceptable Materials. The Customer is responsible to include only those materials that meet the definition of Organic Material provided in these administrative rules. "Organic Materials" means materials that can be biologically synthesized by plants or animals from simpler substances, are no longer suited for their intended purpose, and are readily broken down by biological processes into soil constituents. "Organic Materials" includes, but are not limited to food waste,yard debris, paper,and putrescible which are generally a source of food for bacteria. 6.2.5 Weight of Receptacles. The Customer shall limit the weight of a receptacle and its contents to the maximum weights listed as follows: Receptacle Type/Capacity Maximum Weight Bundled yard debris 45 lbs. "Kraft"type bags or"Epic" brand bags 60 lbs. Cans up to and including 34 gallons 60 lbs. Roll carts up to and including 40 gallons 60 lbs. Roll carts over 40, up to and including 60 gallons 100 lbs. Roll carts over 60, up to and including 90 gallons 120 lbs. 6.2.6 Yard Debris Labels. The Customer is responsible to mark all rigid Yard Debris Receptacles with a "Yard Debris Only"sticker provided by the Franchisee. The "Yard Debris Only"sticker needs to be clearly visible from the street. 6.3 Yard Debris Exemption Program. 6.3.1 Alternatives to Yard Debris Service. Page 22 of 25 Customers may request exemption from the City's Yard Debris Program if they recycle their yard debris by maintaining an active compost pile,self haul to an approved processor, retain an approved yard service company, or any combination of the three alternative measures. 6.3.2 Application Period. The Customer shall submit an application for exemption to the Yard Debris Collection to the Franchisee between April 1 and April 30. The Franchisee shall notify the Customer by May 15 if the application is incomplete and request the specific items needed to complete the application. The Franchisee will accept requested information needed to complete the applications for a period of two weeks from the date the Customer receives notification. The Franchisee shall inform the Customer regarding the approval or denial of the Yard Debris Exemption application by May 31 or within two weeks of receiving a complete application. 6.3.3 Customer Notification. The Franchisee shall notify all Customers between March 1 and March 31 about the upcoming application period, eligible alternative measures to Yard Debris service, and where to obtain application materials and additional information. The Franchisee shall provide written information about the Yard Debris Exemption program to all New Customers within seven days of sign up for collection services. 6.3.4 Application Requirements. a. Compost Pile. The Customer will request in writing for inspection and approval of an active compost pile by the Franchisee. b. Self Haul. The Customer will submit at least two weight receipts to the Franchisee from an approved yard debris processor for the year immediately preceding the application period.The City will maintain a list of approved yard debris processors. c. Yard Maintenance Service. The Customer will submit three invoices to the Franchisee from an approved yard maintenance service for the year immediately preceding the application period. The City will maintain a list of approved yard maintenance services. To be approved by the City,yard maintenance services must submit three receipts from an approved yard debris processor and hold a current Lake Oswego or Metro business license. 6.3.5 Exemption Renewal. Customers receiving a Yard Debris Exemption will automatically receive an exemption renewal each year. 6.3.6 Exemption Disqualification. The Franchisee will remove a Customer from the Yard Debris Exemption program if the Customer disposes of yard debris in their Solid Waste Receptacle. The Franchisee will issue written notice for the first violation and will issue a notice of disqualification from the exemption program for the second violation. Page 23 of 25 6.3.7 Renewal of Yard Debris Service. Customers exempt from Yard Debris Service may restart said service at any time during the year. 7.0 Other Collection Services 7.1 Franchisee Responsibility. 7.1.1 Service Responsibility. The Franchisee shall provide the opportunity for collection service for Other Solid Waste Materials as defined and provided for in these Administrative Rules for all Persons within their geographic area franchised by the City. Other Solid Waste Materials include White Goods, Bulky Waste,Tires, and Infectious Waste. 7.1.2 Collection Frequency. The collection time for Other Solid Waste Materials shall be as agreed upon by the Franchisee and the Customer and within seven working days of the Customer Request. 7.1.3 Collection of Other Solid Waste Materials. The Franchisee shall collect Other Solid Waste Materials provided they comply with the preparation requirements and other requirements set forth in these Administrative Rules. 7.1.4 Collection of Tires. The Franchisee shall acquire all necessary permits for storage or transportation of tires from the Department of Environmental Quality. 7.1.5 Collection of Infectious Wastes. The Franchisee may provide for collection of Infectious Wastes or may subcontract for this service. In either case,the Franchisee shall conform to all rules and laws including, but not limited to,those of the State of Oregon applying to the collection,transportation, storage,treatment, and disposal of Infectious Wastes. 7.2 Customer Responsibility. 7.2.1 Set Out of Other Solid Waste. The Customer shall set Other Solid Waste Materials out at the time and location agreed upon with the Franchisee. 7.2.2 Preparation of Other Solid Waste Materials. a. Infectious Wastes. The Customer shall place Infectious Wastes in appropriate Receptacles. The Customer shall not place Infectious Waste materials into a Receptacle for collection with Solid Waste, Recycling,or Yard Debris materials. Page 24 of 25 The Customer should contact the Franchisee for information on proper disposal options. b. Other Wastes. The Customer is responsible to prepare other wastes as agreed upon with the Franchisee. 7.2.3 Disposal of Unacceptable Solid Waste Materials. The Customer shall place Unacceptable Materials in appropriate Receptacles and for the proper disposal of these materials. The Customer shall not place Unacceptable Materials into a Receptacle for collection with Solid Waste, Recycling, or Yard Debris Materials. Unacceptable Materials include Oils, Fats, other Liquids,Semi-Solid Wastes, Hazardous Wastes, and Flammable Materials. The Customer should contact the Franchisee for information on proper disposal options. 8.0 Dispute Resolution. 8.1 Information and Complaint Resolution. The Franchisee shall respond within 24 hours or by the next business day to Customer calls and complaints. Both office and on-route staff shall be knowledgeable and courteous in answering Customer information requests and resolving Customer complaints regarding Solid Waste and recycling collection service. The Franchisee shall respond in writing to any written complaint on service within five working days from receiving the written complaint. 8.2 Disputed Billing Policy. The Franchisee shall have a written policy for resolving disputed billings. The Franchisee shall provide a copy of disputed billing policies to the City for review and approval. P 01( Davis Donaldson '� Allied Wasteof Lake Oswego City Manager City of Lake Oswego 2-0 / Date Date Approved as to Form: 1,7 "David Powell City Attorney City of Lake Oswego Page 25 of 25 WRITTEN ACCEPTANCE OF ORDINANCE NO. 2600 CITY OF LAKE OSWEGO, OREGON TO THE MAYOR AND COUNCIL OF THE CITY OF LAKE OSWEGO: WHEREAS, on the 13th day of November, 2012, the Council of the City of Lake Oswego, Oregon, passed Ordinance No. 2600 entitled: A SPECIAL ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO RELATING TO THE ENVIRONMENT, HEALTH AND SANITATION OF THE CITY OF LAKE OSWEGO; PROVIDING FOR THE ESTABLISHMENT, MAINTENANCE AND OPERATION OF A SYSTEM OF SOLID WASTE AND RECYCLING SERVICES; AWARDING AN EXCLUSIVE FRANCHISE FOR SOLID WASTE COLLECTION SERVICES TO ROSSMAN SANITARY SERVICE INC., DOING BUSINESS AS ALLIED WASTE OF LAKE OSWEGO; PROVIDING FOR THE ADOPTION OF ADMINISTRATIVE RULES; AND PROVIDING PENALTIES. WHEREAS, said ordinance was duly signed and approved on November 13, 2012, by the Mayor and said City, and attested by the City Recorder; WHEREAS, said ordinance was granted upon the condition that the said grantee shall within 30 days of the passage and approval of said ordinance, file with the City Recorder of the City of Lake Oswego its written acceptance of all the terms and conditions of said ordinance; and NOW, THEREFORE, Rossman Sanitary Service Inc., doing business as Allied Waste of Lake Oswego does herby accept Ordinance No. 2600 and all the terms and conditions of said ordinance. IN WITNESS WHEREOF, Rossman Sanitary Service Inc., doing business as Allied Waste of Lake Oswego, has caused this acceptance to be duly executed NoVEWI ati. 27 , 2012. ROSSMAN SANITARY SERVICE, INC. CITY OF LAKE OSWEGO d/b/a ALLIED WASTE OF LAKE OSWEGO Mt/A/11 ,, ,f.L�---m— -.,, Catherine Schneider City Repord r Title /4:e__/4s.„:7...../ Date 'V ,VVI y 2,612.,./ Date if/25;X` a APPRQVED AS TA-CFO-RV: Caw, ---K ( ) David D. Powell, City Attorne