BUSINESS SOLID WASTE, RECYCLING AND COMPOSTING
Administrative Rule Adopted by Bureau of Planning and Sustainability Pursuant to Rule-Making Authority
The text of the entire manual is available online in PDF format (149 kb). What follows is the Table of Contents, Scope of Rules and Adoption and Revision of Administrative Rules sections from the manual.
TABLE OF CONTENTS
1.0 Scope of Rules
2.0 Adoption & Revision of Administrative Rules
3.0 Residential Standards (PRINTED SEPARATELY)
4.0 Commercial Standards (PRINTED SEPARATELY)
5.0 Business Standards
5.2 Recycling and Solid Waste Requirements for Customers, Generators and Self-haulers
5.3 Compliance & Enforcement -
5.3A Customers, Generators and Self-haulers
5.3B Containers in the Right of Way
5.3C Common Aspects
PART 1.0, SCOPE OF RULES
Administrative Rules contained within this document are intended to articulate the standards and expectations for business solid waste, recycling and composting collection as authorized in the City Code, Chapter 17.102.
PART 2.0, ADOPTION AND REVISION OF ADMINISTRATIVE RULES
A. Director's Authority to Adopt Rules. Under authority of the City Code, Chapter 17.102, the Director of the Bureau of Planning and Sustainability [hereinafter Director] is authorized to adopt rules, procedures and forms to implement provisions of that chapter which regulate the collection and disposal of commercial solid waste, compostables and recycling in the City of Portland.
B. Adoption and Revision of Rules.
1. Any rule adopted or revised according to the authority of the City Code shall require a public review process. Not less than ten or more than thirty days before such public review process, notice shall be given by publication in a newspaper of general local circulation. Such notice shall include the place, time, and purpose of the public review process and the location at which copies of the full set of the proposed rules may be obtained.
2. The Bureau of Planning and Sustainability (BPS) shall give notice of the public review process to all neighborhood associations that are recognized by the City Office of Neighborhood Involvement (ONI) and all neighborhood business associations that are on ONI’s mailing list. At least 60 days in advance of the anticipated adoption date, BPS shall notify those associations by regular mail or electronic mail of its intent to review the rules, and invite those associations to comment. BPS shall by regular mail or electronic mail send a notice of the initial public hearing to the same associations not less than ten days before the scheduled hearing.
3. During the public review, the Director or the Director's designee shall hear testimony or receive written comment concerning the proposed rules. The Director shall review the recommendations, taking into consideration the comments received during the public review process and shall either adopt the proposal, modify or reject it.
4. If a substantial modification is made, additional public review shall be conducted, but no additional notice shall be required if such additional review is announced at the meeting at which the modification is made. Unless otherwise stated, all rules shall be effective upon adoption by the Director and shall be filed in the Office of the Director.
5. Notwithstanding paragraphs a., b., c. and d. of this section, an interim rule may be adopted by the Director without prior notice upon a finding that failure to act promptly will result in serious prejudice to the public interest or the interest of the affected parties, including the specific reasons for such prejudice. Any rule adopted pursuant to this paragraph shall be effective for a period of not longer than one year (365 days). Within five business days of the adoption of such interim rule, BPS staff shall send notice of the rule to all Neighborhood Associations, Neighborhood Business Associations, persons on the BPS list of parties interested in commercial administrative rules, and permittees, giving the language of the rule change, describing the purpose of the rule, and inviting comments to be sent to BPS.
Business Solid Waste, Recycling and Composting - Full Text of Manual (PDF Document, 149 kb)
Adopted by Director of Bureau of Planning and Sustainability and effective November 19, 2009.
Filed for inclusion in PPD March 2, 2010.
Amended by Director of Bureau of Planning and Sustainability and effective October 31, 2011.
Amended by Ordinance No. 185450, passed by City Council June 21, 2012 and effective July 21, 2012.
Amended by Director of Bureau of Planning and Sustainability and effective August 1, 2014.