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17.102.150 Exceptions to Residential Franchise Requirement.

City Code Section

(Amended by Ordinances 189293 and 190573, effective November 5, 2021.)

  1. A.  A franchise is not required for the collection or transportation of residential solid waste, recyclable or compostable materials by the following persons:
    1. 1.  Persons transporting solid waste, recyclable materials, or compostables, collected outside the City;
    2. 2.  Organizations which have been granted non-profit tax status by the federal government or who are organized as non-profit corporations in accordance with ORS Chapter 61 (2007) and who collect residential recyclable materials or compostables without charge to the person who generates those recyclable materials or compostables;
    3. 3.  A contractor employed to demolish, construct or remodel a building or structure, including, but not limited to, land clearing operations and construction wastes, when collecting or transporting wastes created in connection with such employment;
    4. 4.  Landscapers, gardeners, tree service contractors, janitors or renderers when collecting or transporting wastes created in connection with such employment;
    5. 5.  Persons collecting and transporting waste produced by that person, except for waste produced by a tenant at a rental dwelling.  For purposes of this Subsection, solid waste produced by a tenant, licensee, occupant or similar person is produced by that person and not by the landlord;
    6. 6.  Persons collecting or transporting only waste tires under a valid waste tire storage or carrier permit pursuant to OAR Chapter 340;
    7. 7.  Persons collecting deposit containers as defined in ORS 459A.700-744;
    8. 8.  Federal or state agencies that collect, store, transport and dispose of solid waste or those who contract with such agencies to perform the service, but only insofar as the service is performed by or for such agencies;
    9. 9.  Persons exclusively collecting recyclable materials or compostables, from non-residential sources.
    10. 10.  An organization accepting, storing or transporting recyclable or compostable materials, if those materials are accepted and stored at a depot or depots which accept recyclable or compostable materials without a charge to the generator of that recyclable or compostable material.
    11. 11.  Persons collecting or transporting solid waste that is separated by the customer and that BPS determines is reusable or difficult to recycle but that still maintains some usefulness, including but not limited to plastic bags, textiles, and household batteries and light bulbs. This exception does not include recyclable materials collected by franchisees. Franchisees may provide this service, but any related costs the franchisee incurs is not an allowable expense in the residential rate-setting calculations; and,
    12. 12.  Persons collecting or transporting clean-out materials as part of a one-time removal service provided to a residential or multifamily property. For purposes of this exception, “clean-out materials” are solid waste that is removed by a contracted person. Examples include, without limitation, used couches or the contents of a deceased person’s home and garage. Clean-out materials do not include solid waste that is generated through the daily consumption of food and goods.
  2. B.  Persons whose collection or transportation activity falls exclusively within the exceptions listed in Subsection A. must comply with all applicable federal, state, regional and local laws, rules and regulations.

Upcoming and Recent Changes

Ordinance Number 190573

Effective Date